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26 September 2006


[Federal Register: September 26, 2006 (Volume 71, Number 186)]

[Rules and Regulations]               

[Page 56006]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr26se06-5]                         



=======================================================================

-----------------------------------------------------------------------



NATIONAL AERONAUTICS AND SPACE ADMINISTRATION



14 CFR Part 1214



RIN 2700-AC40

[Notice: (06-067)]



 

Code of Conduct for International Space Station Crew



AGENCY: National Aeronautics and Space Administration.



ACTION: Final rule.



-----------------------------------------------------------------------



SUMMARY: The National Aeronautics and Space Administration (NASA) has 

adopted as final, without change, an interim final rule regarding the 

policy and procedures for International Space Station crewmembers 

provided by NASA for flight to the International Space Station.



DATES: Effective Date: September 26, 2006.



FOR FURTHER INFORMATION CONTACT: Mick Schlabs, Senior Attorney, 

International Law Practice Group, Office of the General Counsel, NASA 

Headquarters, telephone (202) 358-2068, fax (202) 358-4117.



SUPPLEMENTARY INFORMATION:



A. Background



    NASA published an interim final rule at 65 FR 80303 on December 21, 

2000 to set forth policy and procedures with respect to International 

Space Station crewmembers provided by NASA for flight to the 

International Space Station. They apply to all persons so provided, 

including U.S. Government employees, uniformed members of the Armed 

Services, citizens who are not employees of the U.S. Government, and 

foreign nationals.

    NASA received no comments on the interim final rule. Therefore, 

NASA has adopted the interim final rule as a final rule without change.

    This rule is not a major Federal action as defined in Executive 

Order 12866.



B. Regulatory Flexibility Act



    NASA certifies that this final rule will not have a significant 

economic impact on a substantial number of small entities within the 

meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 

because the administrative notification requirements of the rule are 

expected to affect less than 10 contracts per year.



C. Paperwork Reduction Act



    The information collection requirements of the rule do not reach 

the threshold for requiring the Office of Management and Budget's 

approval under 44 U.S.C. 3501, et seq.



List of Subjects in 14 CFR Part 1214



    Code of Conduct for International Space Station Crew.



Michael D. Griffin,

Administrator.



0

Interim Final Rule Adopted as Final without Change.

0

Accordingly, the interim final rule implementing certain provisions of 

the International Space Station (ISS) Intergovernmental Agreement (IGA) 

regarding ISS crewmembers' observance of an ISS Code of Conduct, which 

was published at 65 FR 80303 on December 21, 2000, is adopted as a 

final rule without change.



[FR Doc. 06-8186 Filed 9-25-06; 8:45 am]



BILLING CODE 7510-13-P




[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,



[[Page 80303]]



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



[[Page 80304]]



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 MMOP 

to 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



[[Page 80305]]



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,



[[Page 80306]]



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]

BILLING CODE 7510-01-P