Space Flight, 63474-63477 [2015-26475]
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Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules
Rulemaking Distribution System, which
describes the application procedure.
Availability and Summary of
Documents for Incorporation by
Reference
This document proposes to amend
FAA Order 7400.9Z, airspace
Designations and Reporting Points,
dated August 6, 2015, and effective
September 15, 2015. FAA Order
7400.9Z is publicly available as listed in
the ADDRESSES section of this document.
FAA Order 7400.9Z lists Class A, B, C,
D, and E airspace areas, air traffic
service routes, and reporting points.
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Background
The SYO VORTAC facility is
scheduled to be decommissioned. With
the decommissioning of the SYO
VORTAC, the remaining ground-based
navigation aid (NAVAID) coverage is
insufficient to enable the continuity of
the affected airways. The proposed
modifications to VOR Federal airways
V–140, V–272, and V–440 would result
in slightly realigned routes through the
Sayre, OK, area by using the Burns Flat,
OK (BFV), VORTAC located
approximately 22 nautical miles
southeast of the SYO VORTAC to
replace it. Route segments supported by
other NAVAIDs would remain
unchanged.
The Proposal
The FAA is proposing an amendment
to Title 14, Code of Federal Regulations
(14 CFR) part 71 to modify VOR Federal
airways V–140, V–272, and V–440 in
the vicinity of Sayre, OK. These
proposed modifications are necessary
due to the scheduled decommissioning
of the SYO VORTAC. The proposed
route modifications are outlined below.
V–140: V–140 extends from the
Panhandle, TX (PNH), VORTAC to the
Casanova, VA (CSN), VORTAC. The
route segment between the PNH
VORTAC and Kingfisher, OK (IFI),
VORTAC would be realigned to proceed
over the BFV VORTAC instead of the
SYO VORTAC.
V–272: V–272 extends from the
Dalhart, TX (DHT), VORTAC to the Fort
Smith, AR (FSM), VORTAC. The route
segment between the Borger, TX (BGD),
VORTAC and Will Rogers, OK (IRW),
VORTAC would be realigned to proceed
over the BFV VORTAC instead of the
SYO VORTAC.
V–440: V–440 extends from the PNH
VORTAC to the IRW VORTAC. The
intersecting NAVAID radial information
used to describe the BRISC and CARFF
fixes would be updated using BFV
VORTAC radials instead of SYO
VORTAC radials, and the route segment
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between the BRISC and CARFF fixes
would be realigned to proceed over the
BFV VORTAC instead of the SYO
VORTAC.
All radials in the route descriptions
below that do not reflect True (T)/
Magnetic (M) degree radial information
are unchanged and stated in True
degrees.
VOR Federal airways are published in
paragraph 6010 of FAA Order 7400.9Z
dated August 6, 2015, and effective
September 15, 2015, which is
incorporated by reference in 14 CFR
71.1. The VOR Federal airways listed in
this document would be subsequently
published in the Order.
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore: (1) Is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under Department of
Transportation (DOT) Regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. Since this is a routine
matter that will only affect air traffic
procedures and air navigation, it is
certified that this proposed rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9Z,
Airspace Designations and Reporting
Points, dated August 6, 2015, and
effective September 15, 2015, is
amended as follows:
■
Paragraph 6010(a)
Airways.
*
*
*
Domestic VOR Federal
*
*
V–140 [Amended]
From Panhandle, TX; Burns Flat, OK;
Kingfisher, OK; INT Kingfisher 072° and
Tulsa, OK, 261° radials; Tulsa; Razorback,
AR; Harrison, AR; Walnut Ridge, AR;
Dyersburg, TN; Nashville, TN; Livingston,
TN; London, KY; Hazard, KY; Bluefield, WV;
INT Bluefield 071° and Montebello, VA, 250°
radials; Montebello; to Casanova, VA.
*
*
*
*
*
V–272 [Amended]
From Dalhart, TX; Borger, TX; Burns Flat,
OK; Will Rogers, OK; INT Will Rogers 113°
and McAlester, OK, 286° radials; McAlester;
to Fort Smith, AR.
*
*
*
*
*
V–440 [Amended]
From Panhandle, TX; INT Panhandle
070°(T)/062°(M) and Burns Flat, OK, 288°(T)/
280°(M) radials; Burns Flat; INT Burns Flat
103°(T)/095°(M) and Will Rogers, OK,
248°(T)/241°(M) radials; to Will Rogers.
*
*
*
*
*
Issued in Washington, DC, on October 8,
2015.
Gary A. Norek,
Manager, Airspace Policy Group.
[FR Doc. 2015–26498 Filed 10–19–15; 8:45 am]
Environmental Review
BILLING CODE 4910–13–P
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1E,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
List of Subjects in 14 CFR Part 71
[Docket No: NASA–2015–0010]
Airspace, Incorporation by reference,
Navigation (air).
RIN 2700–AD98
The Proposed Amendment
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
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Space Flight
National Aeronautics and
Space Administration.
ACTION: Notice of proposed rulemaking.
AGENCY:
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
■
14 CFR Part 1214
The National Aeronautics and
Space Administration (NASA) is
proposing to amend its regulations that
govern International Space Station
crewmembers, mementos aboard Orion
and Space Launch System (SLS)
missions, the authority of the NASA
Commander, and removes the Agency’s
policy on space flight participation and
SUMMARY:
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Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules
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other policies that were relevant to the
Space Shuttle. The revisions to this rule
are part of NASA’s retrospective plan
under Executive Order (E.O.) 13563
completed in August 2011. NASA’s full
plan can be accessed on the Agency’s
open Government Web site at https://
www.nasa.gov/open/.
DATES: Submit comments on or before
November 19, 2015.
ADDRESSES: Comments must be
identified with RIN 2700–AD98 and
may be sent to NASA via the Federal ERulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Please note that NASA will post all
comments on the Internet without
change, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT:
Craig Salvas at (202)–358–2330,
craig.b.salvas@nasa.gov.
SUPPLEMENTARY INFORMATION:
Background
The Space Shuttle Program formally
commenced in 1972. After a total of 135
flights, the last of which occurred in
July 2011, the Space Shuttle was
officially retired after 30 years of
operation. During this period, the fleet
and its crews carried out a large and
varied number of tasks to meet the goals
and objectives of the Nation’s space
program. These included the launch of
large interplanetary probes, the
performance of scientific experiments
under microgravity conditions, the onorbit servicing of the Hubble Space
Telescope, and the assembly and
resupply of the International Space
Station. Functions previously performed
by the Space Shuttle will now be done
by many different spacecraft currently
flying or in development, including
vehicles owned by both the Government
and the private sector.
NASA is currently developing a new
human-rated spacecraft, the Orion, and
launch system, the Space Launch
System (SLS). With the end of the Space
Shuttle Program, many sections of this
rule are no longer relevant and will be
deleted. However, sections which have
current or future application will be
maintained and updated or amended as
required.
Significant elements of Part 1214, in
its current form, govern the use and
operation of the Space Shuttle and cover
a diverse number of areas including
requirements for reimbursement for
Space Shuttle services to civil U.S.
Government and foreign users, the flight
of Payload Specialists and Space Flight
Participants on Space Shuttle missions,
reimbursement terms, and conditions
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for use of the Spacelab Module. Also
covered in Part 1214 are the rules for the
NASA Astronaut Candidate Recruitment
and Selection Program, the Code of
Conduct for the International Space
Station Crew, and the Authority of the
Space Shuttle Commander.
The intent of these proposed
amendments is to repeal those portions
of the regulation that, with the ending
of the Space Shuttle Program, are no
longer relevant. Sections that remain in
effect will be amended because they are
outdated. Other sections that are
applicable to the Orion and SLS will
also be amended.
Review Under Executive Order of 13132
Statutory Authority
Government employees, Government
procurement, Security measures, Space
transportation and exploration.
For the reason stated in the preamble,
NASA is proposing to amend 14 CFR
part 1214 as follows:
Section 1214 is established under the
National Aeronautics and Space Act
(Space Act) (51 U.S.C. 20101, et seq.).
Regulatory Analysis
Executive Order 12866, Regulatory
Planning and Review and Executive
Order 13563, Improving Regulation and
Regulation Review
Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. This rule has been
designated as ‘‘not significant’’ under
section 3(f) of Executive Order 12866.
Review Under the Regulatory Flexibility
Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires an agency to
prepare an initial regulatory flexibility
analysis to be published at the time the
proposed rule is published. This
requirement does not apply if the
agency ‘‘certifies that the rule will not,
if promulgated, have a significant
economic impact on a substantial
number of small entities’’ (5 U.S.C. 603).
This rule updates these sections of the
CFR to align with Federal guidelines
and does not have a significant
economic impact on a substantial
number of small entities.
Review Under the Paperwork Reduction
Act
This proposed rule does not contain
any information collection requirements
subject to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
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Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999) requires
regulations be reviewed for Federalism
effects on the institutional interest of
states and local governments, and if the
effects are sufficiently substantial,
preparation of the Federal assessment is
required to assist senior policy makers.
The amendments will not have any
substantial direct effects on state and
local governments within the meaning
of the Executive Order. Therefore, no
Federalism assessment is required.
List of Subjects in 14 CFR Part 1214
PART 1214—SPACE FLIGHT
1. The authority citation for part 1214
is revised to read as follows:
■
Authority: Pub. L. 111–314, sec. 3, 124
Stat. 3328 (51 U.S.C. 20101, et seq.).
Subpart 1214.1—[Removed and
Reserved]
2. Remove and reserve subpart 1214.1,
consisting of §§ 1214.100 through
1214.119.
■
Subpart 1214.2—[Removed and
Reserved]
3. Remove and reserve subpart 1214.2,
consisting of §§ 1214.200 through
1214.207 and Appendices A and B.
■
Subpart 1214.3—[Removed and
Reserved]
4. Remove and reserve subpart 1214.3,
consisting of §§ 1214.300 through
1214.306.
■
Subpart 1214.4—International Space
Station Crew
5. The authority citation for subpart
1214.4 is revised to read as follows:
■
Authority: Pub. L. 111–314, sec. 3, 124
Stat. 3328 (51 U.S.C. 20101, et seq.).
6. Revise Subpart 1214.6 to read as as
follows:
■
Subpart 1214.6 Mementos aboard NASA
missions
Sec.
1214.600 Scope.
1214.601 Definitions.
1214.602 Policy.
1214.603 Official Flight Kit.
1214.604 Personal Preference Kit.
1214.605 Reserved.
1214.606 Reserved.
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1214.607
1214.608
1214.609
1214.610
Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules
Media and public inquiries.
Reserved.
Loss or theft.
Violations.
Authority: Pub. L. 111–314, sec. 3, 124
Stat. 3328 (51 U.S.C. 20101, et seq.).
§ 1214.600
Scope.
This subpart establishes policy and
procedures for carrying mementos on
the NASA missions, with the exception
of mementos and personal effects
carried onboard the International Space
Station (ISS).
§ 1214.601
Definitions.
Space Center. The Associate Director
will review the proposed list of items
and, if approved, submit the crew
members’ PPK lists through supervisory
channels to the Associate Administrator
for Human Exploration and Operations
for approval. A signed copy of approval
from the Associate Administrator for
Human Exploration and Operations will
be returned to the Director, NASA
Johnson Space Center, for distribution.
§ § 1214.605, 1214.606
§ 1214.607
[Reserved]
Media and public inquiries.
Mementos. Flags, patches, insignia,
minor graphics, and similar items of
little commercial value, especially
suited for display by the individuals or
groups to whom they have been
presented.
Information on mementos flown on a
particular mission will be routinely
released by the Associate Administrator
of the Office of Communications to the
media and to the public upon their
request, but only after they have been
approved for flight.
§ 1214.602
§ 1214.608
[Reserved]
§ 1214.609
Loss or Theft.
Policy.
Premise. Mementos are welcome
aboard NASA missions. However, they
are flown as a courtesy—not as an
entitlement. The NASA Administrator,
or his/her designee, will approve all
requests for flying mementos.
§ 1214.603
Official Flight Kit.
(a) Purpose. The Official Flight Kit
(OFK) on a particular mission allows
NASA, and other domestic and friendly
foreign countries organizations with
NASA approval, to utilize mementos as
awards and commendations or preserve
them in museums or archives. No
personal items will be carried in the
OFK.
(b) Approval of Contents. At least 120
days prior to the scheduled launch of a
particular mission, an authorized
representative of each organization
desiring mementos to be carried on a
flight in the OFK must submit a letter
or request describing the item(s) to be
flown and the intended purpose or
distribution. Letters should be directed
to the Associate Administrator for
Human Exploration and Operations,
NASA Headquarters, Washington, DC
20546.
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§ 1214.604
Personal Preference Kit.
(a) Purpose. The Personal Preference
Kit (PPK) enables persons on a
particular mission to carry personal
items for use as mementos. Only those
individuals actually accompanying such
flights may request authorization to
carry personal items as mementos.
(b) Approval of Content. At least 60
days prior to the scheduled launch of a
particular mission, each person assigned
to the flight who desires to carry items
in a PPK must submit a proposed list of
items and their recipients to the
Associate Director, NASA Johnson
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(a) Liability. Neither NASA nor the
U.S. Government will be liable for the
loss or theft of, or damage to, items
carried in OFKs or PPKs.
(b) Report of Loss or Theft. Any
person who learns that an item
contained in an OFK or a PPK is missing
shall immediately report the loss to the
Johnson Space Center Security Office
and the NASA Inspector General.
§ 1214.610
Violations.
Any items carried in violation of the
requirements of this subpart shall
become property of the U.S.
Government, subject to applicable
Federal laws and regulations, and the
violator may be subject to disciplinary
action, including being permanently
prohibited from use of, or if an
individual, from flying aboard a NASA
mission.
Subpart 1214.7—The Authority of the
NASA Commander
7. The authority citation for subpart 7
is revised to read as follows:
■
Authority: Pub. L. 111–314, sec. 3, 124
Stat. 3328 (51 U.S.C. 20101, et seq.)
8. Revise the heading of subpart
1214.7 to read as set forth above.
■ 9. Revise sections §§ 1214.700,
1214.701, and 1214.702 to read as
follows:
■
§ 1214.700
Scope.
This subpart establishes the authority
of the NASA Commander of a NASA
mission, excluding missions related to
the ISS and activities licensed under
Title 51 U.S.C. Chapter 509, to enforce
order and discipline during a mission
and to take whatever action in his/her
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judgment is reasonable and necessary
for the protection, safety, and well-being
of all personnel and on-board
equipment, including the spacecraft and
payloads. During the final launch
countdown, following crew ingress, the
NASA Commander has the authority to
enforce order and discipline among all
on-board personnel. During emergency
situations prior to liftoff, the NASA
Commander has the authority to take
whatever action in his/her judgment is
necessary for the protection or security,
safety, and well-being of all personnel
on board.
§ 1214.701
Definitions.
(a) The flight crew consists of the
NASA Commander, astronaut crew
members, and [any] other persons
aboard the spacecraft.
(b) A mission is the period including
the flight-phases from launch to landing
on the surface of the Earth—a single
round trip. (In the case of a forced
landing, the NASA Commander’s
authority continues until a competent
authority takes over the responsibility
for the persons and property aboard).
(c) The flight-phases consist of
launch, in orbit/transit, extraterrestrial
mission, deorbit, entry, and landing,
and post-landing back on Earth.
(d) A payload is a specific
complement of instruments, space
equipment, and support hardware/
software carried into space to
accomplish a scientific mission or
discrete activity.
§ 1214.702 Authority and responsibility of
the NASA Commander.
(a) During all flight phases, the NASA
Commander shall have the absolute
authority to take whatever action is in
his/her discretion necessary to:
(1) Enhance order and discipline.
(2) Provide for the safety and wellbeing of all personnel on board.
(3) Provide for the protection of the
spacecraft and payloads.
The NASA Commander shall have
authority, throughout the mission, to
use any reasonable and necessary
means, including the use of physical
force, to achieve this end.
(b) The authority of the NASA
Commander extends to any and all
personnel on board the spacecraft
including Federal officers and
employees and all other persons
whether or not they are U.S. nationals.
(c) The authority of the NASA
Commander extends to all spaceflight
elements, payloads, and activities
originating with or defined to be a part
of the NASA mission.
(d) The NASA Commander may,
when he/she deems such action to be
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Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Proposed Rules
necessary for the safety of the spacecraft
and personnel on board, subject any of
the personnel on board to such restraint
as the circumstances require until such
time as delivery of such individual or
individuals to the proper authorities is
possible.
■ 10. Amend paragraphs (a), (c) and (d)
in § 1214.703 to read as follows:
Subpart 1214.17—[Removed and
Reserved]
13. Remove and reserve subpart
1214.17, consisting of §§ 1214.1700
through 1214.1707.
■
Nanette Jennings,
Federal Register Liaison Officer.
[FR Doc. 2015–26475 Filed 10–19–15; 8:45 am]
BILLING CODE 7510–13–P
§ 1214.703
Chain of command.
(a) The NASA Commander is a
trained NASA astronaut who has been
designated to serve as commander on a
NASA mission and who shall have the
authority described in § 1214.702 of this
part. Under normal flight conditions
(other than emergencies or when
otherwise designated) the NASA
Commander is responsible to the
Mission Flight Director.
*
*
*
*
*
(c) Before each flight, the other flight
crewmembers will be designated in the
order in which they will assume the
authority of the NASA Commander
under this subpart in the event that the
NASA Commander is not able to carry
out his/her duties.
(d) The determinations, if any, that a
crewmember in the chain of command
is not able to carry out his or her
command duties and is, therefore, to be
relieved of command, and that another
crewmember in the chain of command
is to succeed to the authority of the
NASA Commander, will be made by the
NASA Administrator or his/her
designee.
■ 11. Revise § 1214.704 to read as
follows:
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§ 1214.704
Violations.
(a) All personnel on board the NASA
mission are subject to the authority of
the NASA Commander and shall
conform to his/her orders and direction
as authorized by this subpart.
(b) This regulation is a regulation
within the meaning of 18 U.S.C. 799,
and whoever willfully violates, attempts
to violate, or conspires to violate any
provision of this subpart or any order or
direction issued under this subpart shall
be subject to fines and imprisonment, as
specified by law.
Subpart 1214.8—[Removed and
Reserved]
12. Remove and reserve subpart
1214.8, consisting §§ 1214.800 through
1214.813.
■
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 101
[Docket No. FDA–2012–N–1210]
RIN 0910–AF22
Food Labeling: Revision of the
Nutrition and Supplement Facts
Labels; Reopening of the Comment
Period
AGENCY:
Food and Drug Administration,
HHS.
Proposed rule; reopening of
comment period.
ACTION:
The Food and Drug
Administration (FDA or we) is
announcing the reopening of the
comment period for certain documents
associated with the proposed rule to
amend FDA’s labeling regulations for
conventional foods and dietary
supplements to provide updated
nutrition information on the Nutrition
Facts and Supplement Facts labels to
assist consumers in maintaining healthy
dietary practices. We also are reopening
the comment period for a supplemental
proposed rule to revise the Nutrition
Facts and Supplement Facts labels. We
are taking this action due to technical
difficulties at the Federal eRulemaking
Portal.
DATES: Submit either electronic or
written comments on the supplemental
proposed rule and related documents by
October 23, 2015.
ADDRESSES: You may submit comments
as follows:
SUMMARY:
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
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solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand delivery/Courier (for
written/paper submissions): Division of
Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Division of Dockets
Management, FDA will post your
comment, as well as any attachments,
except for information submitted,
marked and identified, as confidential,
if submitted as detailed in
‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2012–N–1210 for this rulemaking.
Received comments will be placed in
the docket and, except for those
submitted as ‘‘Confidential
Submissions,’’ publicly viewable at
https://www.regulations.gov or at the
Division of Dockets Management
between 9 a.m. and 4 p.m., Monday
through Friday.
• Confidential Submissions—To
submit a comment with confidential
information that you do not wish to be
made publicly available, submit your
comments only as a written/paper
submission. You should submit two
copies total. One copy will include the
information you claim to be confidential
with a heading or cover note that states
‘‘THIS DOCUMENT CONTAINS
CONFIDENTIAL INFORMATION’’. The
Agency will review this copy, including
the claimed confidential information, in
its consideration of comments. The
second copy, which will have the
claimed confidential information
redacted/blacked out, will be available
for public viewing and posted on https://
www.regulations.gov. Submit both
copies to the Division of Dockets
Management. If you do not wish your
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]]>Agencies
[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Proposed Rules]
[Pages 63474-63477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26475]
=======================================================================
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Part 1214
[Docket No: NASA-2015-0010]
RIN 2700-AD98
Space Flight
AGENCY: National Aeronautics and Space Administration.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The National Aeronautics and Space Administration (NASA) is
proposing to amend its regulations that govern International Space
Station crewmembers, mementos aboard Orion and Space Launch System
(SLS) missions, the authority of the NASA Commander, and removes the
Agency's policy on space flight participation and
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other policies that were relevant to the Space Shuttle. The revisions
to this rule are part of NASA's retrospective plan under Executive
Order (E.O.) 13563 completed in August 2011. NASA's full plan can be
accessed on the Agency's open Government Web site at https://www.nasa.gov/open/.
DATES: Submit comments on or before November 19, 2015.
ADDRESSES: Comments must be identified with RIN 2700-AD98 and may be
sent to NASA via the Federal E-Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting
comments. Please note that NASA will post all comments on the Internet
without change, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Craig Salvas at (202)-358-2330,
craig.b.salvas@nasa.gov.
SUPPLEMENTARY INFORMATION:
Background
The Space Shuttle Program formally commenced in 1972. After a total
of 135 flights, the last of which occurred in July 2011, the Space
Shuttle was officially retired after 30 years of operation. During this
period, the fleet and its crews carried out a large and varied number
of tasks to meet the goals and objectives of the Nation's space
program. These included the launch of large interplanetary probes, the
performance of scientific experiments under microgravity conditions,
the on-orbit servicing of the Hubble Space Telescope, and the assembly
and resupply of the International Space Station. Functions previously
performed by the Space Shuttle will now be done by many different
spacecraft currently flying or in development, including vehicles owned
by both the Government and the private sector.
NASA is currently developing a new human-rated spacecraft, the
Orion, and launch system, the Space Launch System (SLS). With the end
of the Space Shuttle Program, many sections of this rule are no longer
relevant and will be deleted. However, sections which have current or
future application will be maintained and updated or amended as
required.
Significant elements of Part 1214, in its current form, govern the
use and operation of the Space Shuttle and cover a diverse number of
areas including requirements for reimbursement for Space Shuttle
services to civil U.S. Government and foreign users, the flight of
Payload Specialists and Space Flight Participants on Space Shuttle
missions, reimbursement terms, and conditions for use of the Spacelab
Module. Also covered in Part 1214 are the rules for the NASA Astronaut
Candidate Recruitment and Selection Program, the Code of Conduct for
the International Space Station Crew, and the Authority of the Space
Shuttle Commander.
The intent of these proposed amendments is to repeal those portions
of the regulation that, with the ending of the Space Shuttle Program,
are no longer relevant. Sections that remain in effect will be amended
because they are outdated. Other sections that are applicable to the
Orion and SLS will also be amended.
Statutory Authority
Section 1214 is established under the National Aeronautics and
Space Act (Space Act) (51 U.S.C. 20101, et seq.).
Regulatory Analysis
Executive Order 12866, Regulatory Planning and Review and Executive
Order 13563, Improving Regulation and Regulation Review
Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
This rule has been designated as ``not significant'' under section 3(f)
of Executive Order 12866.
Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an
agency to prepare an initial regulatory flexibility analysis to be
published at the time the proposed rule is published. This requirement
does not apply if the agency ``certifies that the rule will not, if
promulgated, have a significant economic impact on a substantial number
of small entities'' (5 U.S.C. 603). This rule updates these sections of
the CFR to align with Federal guidelines and does not have a
significant economic impact on a substantial number of small entities.
Review Under the Paperwork Reduction Act
This proposed rule does not contain any information collection
requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
Review Under Executive Order of 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999)
requires regulations be reviewed for Federalism effects on the
institutional interest of states and local governments, and if the
effects are sufficiently substantial, preparation of the Federal
assessment is required to assist senior policy makers. The amendments
will not have any substantial direct effects on state and local
governments within the meaning of the Executive Order. Therefore, no
Federalism assessment is required.
List of Subjects in 14 CFR Part 1214
Government employees, Government procurement, Security measures,
Space transportation and exploration.
For the reason stated in the preamble, NASA is proposing to amend
14 CFR part 1214 as follows:
PART 1214--SPACE FLIGHT
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1. The authority citation for part 1214 is revised to read as follows:
Authority: Pub. L. 111-314, sec. 3, 124 Stat. 3328 (51 U.S.C.
20101, et seq.).
Subpart 1214.1--[Removed and Reserved]
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2. Remove and reserve subpart 1214.1, consisting of Sec. Sec. 1214.100
through 1214.119.
Subpart 1214.2--[Removed and Reserved]
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3. Remove and reserve subpart 1214.2, consisting of Sec. Sec. 1214.200
through 1214.207 and Appendices A and B.
Subpart 1214.3--[Removed and Reserved]
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4. Remove and reserve subpart 1214.3, consisting of Sec. Sec. 1214.300
through 1214.306.
Subpart 1214.4--International Space Station Crew
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5. The authority citation for subpart 1214.4 is revised to read as
follows:
Authority: Pub. L. 111-314, sec. 3, 124 Stat. 3328 (51 U.S.C.
20101, et seq.).
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6. Revise Subpart 1214.6 to read as as follows:
Subpart 1214.6 Mementos aboard NASA missions
Sec.
1214.600 Scope.
1214.601 Definitions.
1214.602 Policy.
1214.603 Official Flight Kit.
1214.604 Personal Preference Kit.
1214.605 Reserved.
1214.606 Reserved.
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1214.607 Media and public inquiries.
1214.608 Reserved.
1214.609 Loss or theft.
1214.610 Violations.
Authority: Pub. L. 111-314, sec. 3, 124 Stat. 3328 (51 U.S.C.
20101, et seq.).
Sec. 1214.600 Scope.
This subpart establishes policy and procedures for carrying
mementos on the NASA missions, with the exception of mementos and
personal effects carried onboard the International Space Station (ISS).
Sec. 1214.601 Definitions.
Mementos. Flags, patches, insignia, minor graphics, and similar
items of little commercial value, especially suited for display by the
individuals or groups to whom they have been presented.
Sec. 1214.602 Policy.
Premise. Mementos are welcome aboard NASA missions. However, they
are flown as a courtesy--not as an entitlement. The NASA Administrator,
or his/her designee, will approve all requests for flying mementos.
Sec. 1214.603 Official Flight Kit.
(a) Purpose. The Official Flight Kit (OFK) on a particular mission
allows NASA, and other domestic and friendly foreign countries
organizations with NASA approval, to utilize mementos as awards and
commendations or preserve them in museums or archives. No personal
items will be carried in the OFK.
(b) Approval of Contents. At least 120 days prior to the scheduled
launch of a particular mission, an authorized representative of each
organization desiring mementos to be carried on a flight in the OFK
must submit a letter or request describing the item(s) to be flown and
the intended purpose or distribution. Letters should be directed to the
Associate Administrator for Human Exploration and Operations, NASA
Headquarters, Washington, DC 20546.
Sec. 1214.604 Personal Preference Kit.
(a) Purpose. The Personal Preference Kit (PPK) enables persons on a
particular mission to carry personal items for use as mementos. Only
those individuals actually accompanying such flights may request
authorization to carry personal items as mementos.
(b) Approval of Content. At least 60 days prior to the scheduled
launch of a particular mission, each person assigned to the flight who
desires to carry items in a PPK must submit a proposed list of items
and their recipients to the Associate Director, NASA Johnson Space
Center. The Associate Director will review the proposed list of items
and, if approved, submit the crew members' PPK lists through
supervisory channels to the Associate Administrator for Human
Exploration and Operations for approval. A signed copy of approval from
the Associate Administrator for Human Exploration and Operations will
be returned to the Director, NASA Johnson Space Center, for
distribution.
Sec. Sec. 1214.605, 1214.606 [Reserved]
Sec. 1214.607 Media and public inquiries.
Information on mementos flown on a particular mission will be
routinely released by the Associate Administrator of the Office of
Communications to the media and to the public upon their request, but
only after they have been approved for flight.
Sec. 1214.608 [Reserved]
Sec. 1214.609 Loss or Theft.
(a) Liability. Neither NASA nor the U.S. Government will be liable
for the loss or theft of, or damage to, items carried in OFKs or PPKs.
(b) Report of Loss or Theft. Any person who learns that an item
contained in an OFK or a PPK is missing shall immediately report the
loss to the Johnson Space Center Security Office and the NASA Inspector
General.
Sec. 1214.610 Violations.
Any items carried in violation of the requirements of this subpart
shall become property of the U.S. Government, subject to applicable
Federal laws and regulations, and the violator may be subject to
disciplinary action, including being permanently prohibited from use
of, or if an individual, from flying aboard a NASA mission.
Subpart 1214.7--The Authority of the NASA Commander
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7. The authority citation for subpart 7 is revised to read as follows:
Authority: Pub. L. 111-314, sec. 3, 124 Stat. 3328 (51 U.S.C.
20101, et seq.)
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8. Revise the heading of subpart 1214.7 to read as set forth above.
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9. Revise sections Sec. Sec. 1214.700, 1214.701, and 1214.702 to read
as follows:
Sec. 1214.700 Scope.
This subpart establishes the authority of the NASA Commander of a
NASA mission, excluding missions related to the ISS and activities
licensed under Title 51 U.S.C. Chapter 509, to enforce order and
discipline during a mission and to take whatever action in his/her
judgment is reasonable and necessary for the protection, safety, and
well-being of all personnel and on-board equipment, including the
spacecraft and payloads. During the final launch countdown, following
crew ingress, the NASA Commander has the authority to enforce order and
discipline among all on-board personnel. During emergency situations
prior to liftoff, the NASA Commander has the authority to take whatever
action in his/her judgment is necessary for the protection or security,
safety, and well-being of all personnel on board.
Sec. 1214.701 Definitions.
(a) The flight crew consists of the NASA Commander, astronaut crew
members, and [any] other persons aboard the spacecraft.
(b) A mission is the period including the flight-phases from launch
to landing on the surface of the Earth--a single round trip. (In the
case of a forced landing, the NASA Commander's authority continues
until a competent authority takes over the responsibility for the
persons and property aboard).
(c) The flight-phases consist of launch, in orbit/transit,
extraterrestrial mission, deorbit, entry, and landing, and post-landing
back on Earth.
(d) A payload is a specific complement of instruments, space
equipment, and support hardware/software carried into space to
accomplish a scientific mission or discrete activity.
Sec. 1214.702 Authority and responsibility of the NASA Commander.
(a) During all flight phases, the NASA Commander shall have the
absolute authority to take whatever action is in his/her discretion
necessary to:
(1) Enhance order and discipline.
(2) Provide for the safety and well-being of all personnel on
board.
(3) Provide for the protection of the spacecraft and payloads.
The NASA Commander shall have authority, throughout the mission, to
use any reasonable and necessary means, including the use of physical
force, to achieve this end.
(b) The authority of the NASA Commander extends to any and all
personnel on board the spacecraft including Federal officers and
employees and all other persons whether or not they are U.S. nationals.
(c) The authority of the NASA Commander extends to all spaceflight
elements, payloads, and activities originating with or defined to be a
part of the NASA mission.
(d) The NASA Commander may, when he/she deems such action to be
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necessary for the safety of the spacecraft and personnel on board,
subject any of the personnel on board to such restraint as the
circumstances require until such time as delivery of such individual or
individuals to the proper authorities is possible.
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10. Amend paragraphs (a), (c) and (d) in Sec. 1214.703 to read as
follows:
Sec. 1214.703 Chain of command.
(a) The NASA Commander is a trained NASA astronaut who has been
designated to serve as commander on a NASA mission and who shall have
the authority described in Sec. 1214.702 of this part. Under normal
flight conditions (other than emergencies or when otherwise designated)
the NASA Commander is responsible to the Mission Flight Director.
* * * * *
(c) Before each flight, the other flight crewmembers will be
designated in the order in which they will assume the authority of the
NASA Commander under this subpart in the event that the NASA Commander
is not able to carry out his/her duties.
(d) The determinations, if any, that a crewmember in the chain of
command is not able to carry out his or her command duties and is,
therefore, to be relieved of command, and that another crewmember in
the chain of command is to succeed to the authority of the NASA
Commander, will be made by the NASA Administrator or his/her designee.
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11. Revise Sec. 1214.704 to read as follows:
Sec. 1214.704 Violations.
(a) All personnel on board the NASA mission are subject to the
authority of the NASA Commander and shall conform to his/her orders and
direction as authorized by this subpart.
(b) This regulation is a regulation within the meaning of 18 U.S.C.
799, and whoever willfully violates, attempts to violate, or conspires
to violate any provision of this subpart or any order or direction
issued under this subpart shall be subject to fines and imprisonment,
as specified by law.
Subpart 1214.8--[Removed and Reserved]
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12. Remove and reserve subpart 1214.8, consisting Sec. Sec. 1214.800
through 1214.813.
Subpart 1214.17--[Removed and Reserved]
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13. Remove and reserve subpart 1214.17, consisting of Sec. Sec.
1214.1700 through 1214.1707.
Nanette Jennings,
Federal Register Liaison Officer.
[FR Doc. 2015-26475 Filed 10-19-15; 8:45 am]
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