[Federal Register: December 21, 2000 (Volume 65, Number 246)]
[Rules and Regulations]
[Page 80302-80306]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de00-9]
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Part 1214
RIN 2700-AC40
Code of Conduct for the International Space Station Crew
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Interim final rule.
SUMMARY: NASA is issuing new regulations entitled “International Space
Station Crew,” to implement certain provisions of the International
Space Station (ISS) Intergovernmental Agreement (IGA) regarding ISS
crewmembers’ observance of an ISS Code of Conduct.
DATES: Effective Date: October 1, 2000.
FOR FURTHER INFORMATION CONTACT: John F. Hall, Jr., Senior Counsel
(Commercial and International), 202-358-2432.
SUPPLEMENTARY INFORMATION: On January 29, 1998, the United States
formally joined with fourteen nations in an unprecedented international
partnership for cooperative space exploration and development, known as
the ISS. The Agreement Among the Government of Canada, Governments of
Member States of the European Space Agency, the Government of Japan,
the Government of the Russian Federation, and the Government of the
United States of America Concerning Cooperation on the Civil
International Space Station, which forms the foundation of the ISS
partnership, provides in Article 11, that each partner,in exercising its right to provide ISS crew, shall ensure that its
crewmembers observe a Code of Conduct to be developed and approved by
the partners for the maintenance of order and conduct of crew
activities in or on the Space Station.
At the present time, the Governments of the United States, Japan,
and Canada have deposited instruments indicating their adherence to the
IGA, and upon deposition of a similar instrument by the Government of
the Russian Federation, the IGA will become operative. The signatory
governments to the IGA (with the exception of three governments of the
European Partner governments) have also signed a Provisional
Arrangement committing themselves to abide by the terms and conditions
of the IGA pending its formal entry into force.
In accordance with the underlying ISS Memoranda of Understanding
(MOU) and other agreements concluded between NASA and each of the ISS
partners and other participating states, the ISS Code of Conduct is
intended to: establish a clear chain of command on-orbit; establish a
clear relationship between ground and on-orbit management; establish a
management hierarchy; set forth standards for work and activities in
space, and, as appropriate, on the ground; establish responsibilities
with respect to elements and equipment; set forth disciplinary
regulations; establish physical and information security guidelines;
and define the ISS Commander’s authority and responsibility, on behalf
of all the Partners, to enforce safety procedures, physical and
information security procedures, and crew rescue procedures for the
ISS.
Consistent with the provisions of the IGA and MOU’s, and in order
to ensure that NASA-provided ISS crewmembers are apprised of and
observe the ISS Crew Code of Conduct, this interim final rule
establishes a requirement that each such crewmember observe the Code of
Conduct for the ISS Crew. Certain NASA-provided ISS crewmembers are
further required to enter into an agreement with NASA in which they
agree to accept and be governed by the standards specified in the ISS
Crew Code of Conduct. This requirement is in addition to other
responsibilities to which certain ISS crewmembers may be subject,
including obligations regarding Space Shuttle standards of conduct
agreements. Nothing in the ISS Code of Conduct or this rule limits or
modifies the rights and obligations of NASA-provided ISS crewmembers
under the Constitution or laws of the United States.
Additionally, this rule amends the title of 14 CFR part 1214, from
“Space Shuttle” to “Space Flight,” in order to more accurately
reflect the scope of the provisions contained therein, including
subpart 1214.4, as added by this rule.
Since this action is administrative in nature and involves Agency
policy management procedures, no public comment period is required.
This rule is not subject to the requirements of the Regulatory
Flexibility Act, since it will not exert a significant economic impact
on a substantial number of small entities.
This rule is not a major rule as defined in Executive Order 12866.
List of Subjects in 14 CFR Part 1214
Code of conduct, Crewmembers, Exploration, Government employees,
Government procurement, Security measures, Space transportation and
exploration.
For the reasons set out in the preamble, 14 CFR Chapter V is
amended as follows:
1. The title of Part 1214 is revised to read as follows:
PART 1214–SPACE FLIGHT
2. Subpart 1214.4 is added to read as follows:
Subpart 1214.4–International Space Station Crew
Sec.
1214.400 Scope.
1214.401 Applicability.1214.402 International Space Station crewmember responsibilities.
1214.403 Code of Conduct for the International Space Station Crew.
1214.404 Violations.
Authority: 42 U.S.C. sections 2455, 2473, and 2475; 18 U.S.C.
799.
Sec. 1214.400 Scope.
(a) This subpart sets forth policy and procedures with respect to
International Space Station crewmembers provided by NASA for flight to
the International Space Station.
(b) In order to provide for the safe operation, maintenance of
order, and proper conduct of crew aboard the International Space
Station, the January 29, 1998, Agreement Among the Government of
Canada, Governments of Member States of the European Space Agency, the
Government of Japan, the Government of the Russian Federation, and the
Government of the United States of America Concerning Cooperation on
the Civil International Space Station (hereinafter Agreement), which
establishes and governs the International Space Station, requires the
development and approval of a Code of Conduct for International Space
Station crew. Pursuant to Article 11 of the Agreement, each
International Space Station partner is obliged to ensure that
crewmembers which it provides observe the Code of Conduct.
Sec. 1214.401 Applicability.
This subpart applies to all persons provided by NASA for flight to
the International Space Station, including U.S. Government employees,
uniformed members of the Armed Services, U.S. citizens who are not
employees of the U.S. Government, and foreign nationals.
Sec. 1214.402 International Space Station crewmember responsibilities.
(a) All NASA-provided International Space Station crewmembers are
subject to specified standards of conduct, including those prescribed
in the Code of Conduct for the International Space Station Crew, set
forth as Sec. 1214.403. NASA-provided International Space Station crew
members may be subject to additional standards and requirements, as
determined by NASA, which will be made available to those NASA-provided
crewmembers, as appropriate.
(1) NASA-provided International Space Station crewmembers who are
not citizens of the United States will be required to enter into an
agreement with NASA in which they agree to comply with specified
standards of conduct, including those prescribed in the Code of Conduct
for the International Space Station Crew (Sec. 1214.403). Any such
agreement will be signed on behalf of NASA by the NASA General Counsel
or designee.(2) NASA-
provided International Space Station crewmembers who are
citizens of the United States but are not employees of the U.S.
Government will be required to enter into an agreement with NASA in
which they agree to comply with specified standards of conduct,
including those prescribed in the Code of Conduct for the International
Space Station Crew (Sec. 1214.403). Any such agreement will be signed
on behalf of NASA by the NASA General Counsel or designee.(3) NASA-provided International Space Station crewmembers who are
employed by a branch, department, or agency of the U.S. Government may,
as determined by the NASA General Counsel, be required to enter into an
agreement with NASA to comply with specified standards of conduct,
including those prescribed in the Code of Conduct for the International
Space Station Crew (Sec. 1214.403). Any such agreement will be signed
on behalf of
NASA by the NASA General Counsel or designee.
(b) All NASA-provided personnel on board the International Space
Station are additionally subject to the authority of the International
Space Station Commander and shall comply with Commander’s orders and
directions.
Sec. 1214.403 Code of Conduct for the International Space Station
Crew.
The Code of Conduct for the International Space Station Crew, which
sets forth minimum standards for NASA-provided International Space
Station crewmembers, is as follows:
Code of Conduct for the International Space Station Crew
I. Introduction
A. Authority
This Code of Conduct for the International Space Station (ISS)
crew, hereinafter referred to as Crew Code of Conduct (CCOC), is
established pursuant to:
(1) Article 11 (Crew) of the intergovernmental Agreement Among
the Government of Canada, Governments of Member States of the
European Space Agency, the Government of Japan, the Government of
the Russian Federation, and the Government of the United States of
America Concerning Cooperation on the Civil International Space
Station (the IGA) signed by the Partner States on January 29, 1998;
and(2) Article 11 (Space Station Crew) of the Memoranda of
Understanding between, respectively, the National Aeronautics and
Space Administration of the United States of America (NASA) and the
Canadian Space Agency (CSA), NASA and the European Space Agency
(ESA), NASA and the Government of Japan (GOJ), and NASA and the
Russian Space Agency (RSA) Concerning Cooperation on the Civil
International Space Station (the MOU’s), which require, inter alia,
that the crew Code of Conduct be developed by the partners.
B. Scope and Content
The partners have developed and approved this CCOC to: establish
a clear chain of command on-orbit; establish a clear relationship
between ground and on-orbit management; and establish a management
hierarchy; set forth standards for work and activities in space,
and, as appropriate, on the ground; establish responsibilities with
respect to elements and equipment; set forth disciplinary
regulations; establish physical and information security guidelines;
and define the ISS Commander’s authority and responsibility, on
behalf of all the partners, to enforce safety procedures, physical
and information security procedures and crew rescue procedures for
the ISS. This CCOC and the disciplinary policy referred to in
Section IV shall not limit the application of Article 22 of the IGA.
This CCOC succeeds the NASA-RSA Interim Code of Conduct, which was
developed pursuant to Article 11.2 of the MOU between NASA and RSA
to cover early assembly prior to other partners’ flight
opportunities.
This CCOC sets forth the standards of conduct applicable to all
ISS crewmembers during preflight, on-orbit, and post-flight
activities, (including launch and return phases). ISS crewmembers
are subject to additional requirements, such as the ISS Flight
Rules, the disciplinary policy, and requirements imposed by their
Cooperating Agency or those relating to the Earth-to-Orbit Vehicle
(ETOV) transporting an ISS crewmember. Each ISS crewmember has a
right to know about such additional requirements. ISS crewmembers
will also abide by the rules of the institution hosting the
training, and by standards and requirements defined by the
Multilateral Crew Operations Panel (MCOP), the Multilateral Space
Medicine Board (MSMB) and the Multilateral Medical Operations Panel
(MMOP). Each ISS crewmember will be informed by the Cooperating
Agency providing him or her of the responsibilities of ISS
crewmembers under the IGA, the MOU’s and this CCOC. Further, each
ISS crewmember will be educated by the Cooperating Agency providing
him or her through the crew training curriculum and normal program
operations as to ISS program rules, operational directives and
management policies. Completion of postflight activities shall not
affect an ISS crewmember’s continuing obligations under Section V of
this CCOC.
C. Definitions
For the purposes of the CCOC:
(1) “Cooperating Agency” means NASA, CSA, ESA, Rosaviakosmos
(formerly RSA) and, in the case of Japan, the Science and Technology
Agency of Japan (STA) and, as appropriate, the National Space
Development Agency of Japan (NASDA), assisting agency to STA.
(2) “Crew Surgeon” means a Flight Surgeon assigned by the MMOPto any given expedition. He or she is the lead medical officer and
carries primary responsibility for the health and well-being of the
entire ISS crew.(3) “Disciplinary policy” means the policy developed by the
MCOP to address violations of the CCOC and impose disciplinary
measures.(4) “ETOV” means Earth-to-Orbit Vehicle travelling between
Earth and the ISS.(5) “Flight Director” means the Flight Director in control of
the ISS.(6) “Flight Rules” means the set of rules used by the
Cooperating Agencies to govern flight operations.(7) “ISS crewmembers” means any person approved for flight to
the ISS, including both ISS expedition crew and visiting crew,
beginning upon assignment to the crew for a specific and ending upon
completion of the postflight activities related to the mission.
II. General Standards
A. Responsibilities of ISS Crewmembers
ISS Crewmembers shall comply with the CCOC. Accordingly, during
preflight, on-orbit, and postflight activities, they shall comply
with the ISS Commander’s orders, all Flight and ISS program Rules,
operational directives, and management policies, as applicable.
These include those related to safety, health, well-being, security,
and other operational or management matters governing all aspects of
ISS elements, equipment, payloads and facilities, and non-ISS
facilities, to which they have access. All applicable rules,
regulations, directives, and policies shall be made accessible to
ISS crewmembers through appropriate means, coordinated by the MCOP.
B. General Rules of Conduct
ISS Crewmembers’ conduct shall be such as to maintain a
harmonious and cohesive relationship among the ISS crewmembers and
an appropriate level of mutual confidence and respect through an
interactive, participative, and relationship-oriented approach which
duly takes into account the international and multicultural nature
of the crew and mission.
No ISS crewmember shall, by his or her conduct, act in a manner
which results in or creates the appearance of: (1) Giving undue
preferential treatment to any person or entity in the performance of
ISS activities; and/or (2) adversely affecting the confidence of the
public in the integrity of, or reflecting unfavorably in a public
forum on, any ISS partner, partner state or Cooperating Agency.
ISS crewmembers shall protect and conserve all property to which
they have access for ISS activities. No such property shall be
altered or removed for any purpose other than those necessary for
the performance of ISS duties. Before altering or removing any such
property, ISS crewmembers shall first obtain authorization from the
Flight Director, except as necessary to ensure the immediate safety
of ISS crewmembers or ISS elements, equipment, or payloads.
C. Use of Position
ISS crewmembers shall refrain from any use of the position of
ISS crewmember that is motivated, or has the appearance of being
motivated, by private gain, including financial gain, for himself or
herself or other persons or entities. Performance of ISS duties
shall not be considered to be motivated by private gain.
Furthermore, no ISS crewmember shall use the position of ISS
crewmember in any way to coerce, or give the appearance of coercing,
another person to provide any financial benefit to himself or
herself or other persons or entities.
D. Mementos and Personal Effects
Each ISS crewmember may carry and store mementos, including
flags, patches, insignia, and similar small items of minor value,
onboard the ISS, for his or her private use, subject to the
following:
(1) mementos are permitted as a courtesy, not an entitlement; as
such they shall be considered as ballast as opposed to a payload or
mission requirement and are subject to manifest limitations, on-
orbit stowage allocations, and safety considerations;(2) mementos may not be sold, transferred for sale, used or
transferred for personal gain, or used or transferred for any
commercial or fundraising purpose. Mementos which, by their nature,
lend themselves to exploitation by the recipients, or which, in the
opinion of the Cooperating Agency providing the ISS
crewmember, engender questions as to good taste, will not be
permitted.
An ISS crewmember’s personal effects, such as a wristwatch, will
not be considered mementos. Personal effects of any nature may be
permitted, subject to constraints of mass/volume allowances for crew
personal effects, approval of the ISS crewmember’s Cooperating
Agency, and approval of the transporting Cooperating Agency and
considerations of safety and good taste.
If a Cooperating Agency carries and stores items onboard the ISS
in connection with separate arrangements, these items will not be
considered mementos of the ISS crewmembers.
III. Authority and Responsibilities of the ISS Commander, Chain of
Command and Succession Onorbit; Relationship Between Ground and On-
Orbit Management
A. Authority and Responsibilities of the ISS Commander
The ISS Commander, as an ISS crewmember, is subject to the
standards detailed elsewhere in this CCOC, in addition to the
command-specific provisions set forth below:
The ISS Commander will seek to maintain a harmonious and
cohesive relationship among the ISS crewmembers and an appropriate
level of mutual confidence and respect through an interactive,
participative, and relationship-oriented approach which duly takes
into account the international and multicultural nature of the crew
and mission.
For avoidance of doubt, nothing in this Section shall affect the
ability of the MCOP to designate the national of any Partner State
as an ISS Commander.
(1) During Preflight and Postflight Activities
The ISS Commander is the leader of the crew and is responsible
for forming the individual ISS crewmembers into a single, integrated
team. During preflight activities, the ISS Commander, to the extent
of his or her authority, leads the ISS crewmembers through the
training curriculum and mission-preparation activities and seeks to
ensure that the ISS crewmembers are adequately prepared for the
mission, acting as the crew’s representative to the ISS program’s
training, medical, operations, and utilization authorities. During
postflight activities, the ISS Commander coordinates as necessary
with these authorities to ensure that the ISS crewmembers complete
the required postflight activities.(2) During On-Orbit Operations
(a) General
The ISS Commander is responsible for and will, to the extent of
his or her authority and the ISS on-orbit capabilities, accomplish
the mission program implementation and ensure the safety of the ISS
crewmembers and the protection of the ISS elements, equipment, or
payloads.(b) Main Responsibilities
The ISS Commander’s main responsibilities are to: (1) Conduct
operations in or on the ISS as directed by the Flight Director and
in accordance with the Flight Rules, plans and procedures; (2)
direct the activities of the ISS crewmembers as a single, integrated
team to ensure the successful completion of the mission; (3) fully
and accurately inform the Flight Director, in a timely manner, of
the ISS vehicle configuration, status, commanding, and other
operational activities on-board (including off-nominal or emergency
situations); (4) enforce procedures for the physical and information
security of operations and utilization data; (5) maintain order; (6)
ensure crew safety, health and well-being including crew rescue and
return; and (7) take all reasonable action necessary for the
protection of the ISS elements, equipment, or payloads.(c) Scope of Authority
During all phases of on-orbit activity, the ISS Commander,
consistent with the authority of the Flight Director, shall have the
authority to use any reasonable and necessary means to fulfill his
or her responsibilities. This authority, which shall be exercised
consistent with the provisions of Sections II and IV, extends to:
(1) the ISS elements, equipment, and payloads; (2) the ISS
crewmembers; (3) activities of any kind occurring in or on the ISS;
and (4) data and personal effects in or on the ISS where necessary
to protect the safety and well-being of the ISS crewmembers and the
ISS elements, equipment, and payloads. Any matter outside the ISS
Commander’s authority shall be within the purview of the Flight
Director.Issues regarding the Commander’s use of such authority shall be
referred to the Flight Director as soon as practicable, who will
refer the matter to appropriate authorities for further handling.
Although other ISS crewmembers may have authority over and
responsibility for certain ISS elements, equipment, payloads, or
tasks, the ISS Commander remains ultimately responsible, and solely
accountable, to the Flight Director for the successful completion of
the activities and the mission.
B. Chain of Command and Succession On-orbit
(1) The ISS Commander is the highest authority among the ISS
crewmembers on-orbit. The MCOP will determine the order of
succession among the ISS crewmembers in advance of flight, and the
Flight Rules set forth the implementation of a change of command.(2) Relationship of the ISS Commander to ETOV and Other
Commanders
The Flight Rules define the authority of the ETOV Commander, the
Rescue Vehicle Commander, and any other commanders, and set forth
the relationship between their respective authorities and the
authority of the ISS Commander.
C. Relationship Between the ISS Commander (On-Orbit Management) and
the Flight Director (Ground Management)
The Flight Director is responsible for directing the mission. A
Flight Director will be in charge of directing real-time ISS
operations at all time. The ISS Commander, working under the
direction of the Flight Director and in accordance with the Flight
Rules, is responsible for conducting on-orbit operations in the
manner best suited to the effective implementation of the mission.
The ISS Commander, acting on his or her own authority, is entitled
to change the daily routine of the ISS crewmembers where necessary
to address contingencies, perform urgent work associated with crew
safety and the protection of the ISS elements, equipment or
payloads, or conduct critical flight operations. Otherwise, the ISS
Commander should implement the mission as directed by the Flight
Director. Specific roles and responsibilities of the ISS Commander
and the Flight Director are described in the Flight Rules. The
Flight Rules outline decisions planned in advance of the mission and
are designed to minimize the amount of real-time discussion required
during mission operations.
IV. Disciplinary Regulations
ISS crewmembers will be subject to the disciplinary policy
developed and revised as necessary by the MCOP and approved by the
Multilateral Coordination Board (MCB). The MCOP has developed an
initial disciplinary policy which has been approved by the MCB. The
disciplinary policy is designed to maintain order among the ISS
crewmembers during preflight, on-orbit and postflight activities.
The disciplinary policy is administrative in nature and is intended
to address violations of the CCOC. Such violations may, inter alia,
affect flight assignments as an ISS crewmember. The disciplinary
policy does not limit a Cooperating Agency’s right to apply relevant
laws, regulations, policies, and procedures to the ISS crewmembers
it provides, consistent with the IGA and the MOU’s.
V. Physical and Information Security Guidelines
The use of all equipment and goods to which ISS crewmembers have
access shall be limited to the performance of ISS duties. Marked or
otherwise identified as export controlled data and marked
proprietary data obtained by an ISS crewmember in the course of ISS
activities shall only be used in the performance of his or her ISS
duties. With respect to data first generated on-board the ISS, the
ISS crewmembers will be advised by the appropriate Cooperating
Agency or by the data owner or provider through that Cooperating
Agency as to the proprietary or export-controlled nature of the data
and will be directed to mark and protect such data and to continue
such protection for as long as the requirements for such protection
remain in place. Additionally, ISS crewmembers shall act in a manner
consistent with the provisions of the IGA and the MOU’s regarding
protection of operations data, utilization data, and the
intellectual property of ISS users. They shall also comply with
applicable ISS program rules, operational directives, and management
policies designed to further such protections.
Personal information about ISS crewmembers, including all
medical information, private family conference, or other private
information, whether from verbal, written, or electronic sources,
shall not be used or disclosed by other ISS crewmembers for any
purpose, without the consent of the affected ISS crewmember,except as required for the immediate safety of ISS crewmembers or
the protection of ISS elements, equipment, or payloads. In
particular, all personal medical information, whether derived from
medical monitoring, investigations, or medical contingency events,
shall be treated as private medical information and shall be
transmitted in a private and secure fashion in accordance with
procedures to be set forth by the MMOP. Medical data which must be
handled in this fashion includes, for example, biomedical telemetry,
private medical communications, and medical investigation data.
Nothing in this paragraph shall be interpreted to limit an ISS
crewmember’s access to all medical resources aboard the ISS, to
ground-based medical support services, or to his or her own medical
data during preflight, on-orbit, and postflight activities.
VI. Protection of Human Research Subjects
No research on human subjects shall be conducted which could,
with reasonable foresight, be expected to jeopardize the life,
health, physical integrity, or safety of the subject.
No research procedures shall be undertaken with any ISS
crewmember as a human subject without: (1) written approval by the
Human Research Multilateral Review Board (HRMRB) and (2) the full
written and informed consent of the human subject. Each such
approval and consent shall be obtained prior to the initiation of
such research, and shall fully comply with the requirements of the
HRMRB. The HRMRB is responsible for procedures for initiation of new
experiments on-orbit when all consent requirements have been met,
but the signature of the human subject cannot be obtained; explicit
consent of the human subject will nonetheless be required in all
such cases. Subjects volunteering for human research protocols may
at their own discretion, and without providing a rationale, withdraw
their consent for participation at any time, without prejudice, and
without incurring disciplinary action. In addition, approval or
consent for any research may be revoked at any time, including after
the commencement of the research, by: the HRMRB, the Crew Surgeon,
the Flight Director, or the ISS Commander, as appropriate, if the
research would endanger the ISS Crew Member or otherwise threaten
the mission success. A decision to revoke consent by the human
subject or approval by the other entities listed above will be
final.
Sec. 1214.404 Violations.
This subpart 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 may be cited for violating title 18 of the U.S. Code
and could be fined or imprisoned not more than 1 year, or both.
Daniel S. Goldin,
Administrator.
[FR Doc. 00–32381 Filed 12-20-00; 8:45 am]
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