National Aeronautics and Space Administration PART 1211--EXTRATERRESTRIAL EXPOSURE

14 CFR Ch. 5 (1-1-91 Edition)               National Aeronautics and Space Administration                   PART 1211--EXTRATERRESTRIAL EXPOSURE  Sec. 1211.100      Scope. 1211.101      Applicability. 1211.102      Definitions. 1211.103      Authority. 1211.105      Relationship with Departments of Health, Education, and      Welfare and Agriculture. 1211.106      Cooperation with States, territories and possessions. 1211.107      Court or other process. 1211.108      Violations.      Authority: Secs. 203, 304, 72 Stat. 429, 433; 42 U.S.C. 2455, 2456,  2473; 18 U.S.C. 799; Art. IX, TIAS 6347 (18 UST 2416).      Source: 34 FR 11975, July 16, 1969, unless otherwise noted.  S1211.100     Scope.     This part establishes:     (a) NASA policy, responsibility and authority to guard the Earth  against any harmful contamination or adverse changes in its environment  resulting from personnel, spacecraft and other property returning to the  Earth after landing on or coming within the atmospheric envelope of a  celestial body; and     (b) Security requirements, restrictions and safeguards that are  necessary in the interest of the national security.  S1211.101     Applicability.     The provisions of this part apply to all NASA manned and unmanned  space missions which land on or come within the atmospheric envelope of a  celestial body and return to Earth.  S1211.102     Definitions.     (a) _NASA_ and the _Administrator_ mean, respectively the National  Aeronautics and Space Administration and the Administrator of the  National Aeronautics and Space Administration or his authorized  representative (see S1204.509 of this chapter).     (b) _Extraterrestrially exposed_ means the state or condition of any  person, property, animal or other form of life or matter whatever, who or  which has:     (1) Touched directly or come within the atmospheric envelope of any  other celestial body; or     (2) Touched directly or been in close proximity to (or been exposed  indirectly to) any person, property, animal or other form of life or  matter who or which has been extraterrestrially exposed by virtue of  paragraph (b)(1) of this section.               For example, if person or thing "A" touches the surface               of the moon, and on "A's" return to Earth, "B" touches               "A" and subsequently, "C" touches "B", all of these--               "A" through "C" inclusive--would be extraterrestrially               exposed ("A" and "B" directly; "C" indirectly).     (c) _Quarantine_ means the detention, examination and decontamination  of any person, property, animal or other form of life or matter whatever  that is extraterrestrially exposed, and includes the apprehension or  seizure of such person, property, animal or other form of life or matter  whatever.     (d) _Quarantine period_ means a period of consecutive calendar days  as may be established in accordance with S1211.104(a).     (e) _United States_ means the 50 States, the District of Columbia,  the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa  and any other territory or possession of the United States, and in a  territorial sense all places and waters subject to the jurisdiction of  the United States.  S1211.103     Authority.     (a) Sections 203 and 204 of the National Aeronautics and Space Act of  1958, as amended (42 U.S.C. 2474, 2455 and 2456).     (b) 18 U.S.C. 799.     (c) Article IX, Outer Space Treaty, TIAS 6347 (18UST 2416).     (d) NASA Management Instructions 1052.90 and 8020.13.  S1211.104     Policy.     (a) _Administrative actions._ The Administrator or his designee as  authorized by S1204.509 of this chapter shall in his discretion:     (1) Determine the beginning and duration of a quarantine period with  respect to any space mission; the quarantine period as it applies to  various life forms will be announced.     (2) Designate in writing quarantine officers to exercise quarantine  authority.     (3) Determine that a particular person, property, animal or other  form of life or matter whatever is extraterrestrially exposed and  quarantine such person, property, animal or other form of life or matter  whatever. The quarantine may be based only on a determination, with or  without the benefit of a hearing, that there is probable cause to believe  that such person, property, animal or other form of life or matter  whatever is extraterrestrially exposed.     (4) Determine within the United States or within vessels or vehicles  of the United States the place, boundaries, and rules of operation of  necessary quarantine stations.     (5) Provide for guard services by contract or otherwise, as may be  necessary, to maintain security and inviolability of quarantine stations  and quarantined persons, property, animals, or other form of life or  matter whatever.     (6) Provide for the subsistence, health, and welfare of persons  quarantined under the provisions of this part.     (7) Hold such hearings at such times, in such a manner and for such  purposes as may be desirable or necessary under this part, including  hearings for the purpose of creating a record for use in making any  determination under this part or for the purpose of reviewing any such  determination.     (8) Cooperate with the Department of Health, Education and Welfare  and the Department of Agriculture in accordance with the provisions of  S1211.105.     (9) Take such other actions as may be prudent or necessary and which  are consistent with this part.     (b) _Quarantine._ (1) During any period of announced quarantine, the  property within the posted perimeter of the Lunar Receiving Laboratory at  the Manned Spacecraft Center, Houston, Tex., is designated as the NASA  Lunar Receiving Laboratory Quarantine Station.     (2) Other quarantine stations may be established if determined  necessary as provided in paragraph (a)(4) of this section.     (3) During any period of announced quarantine, no person shall enter  or depart from the limits of any quarantine station without permission of  the cognizant NASA quarantine officer. During such period, the posted  perimeter of a quarantine station shall be secured by armed guard.     (4) Any person who enters the limits of any quarantine station during  the quarantine period shall be deemed to have consented to the quarantine  of his person if it is determined that he is or has become  extraterrestrially exposed.     (5) At the earliest practicable time, each person who is quarantined  by NASA shall be given a reasonable opportunity to communicate by  telephone with legal counsel or other persons of his choice.  S1211.105     Relationship with Departments of Health, Education and                Welfare and Agriculture.     (a) If either the Department of Health, Education and Welfare or the  Department of Agriculture exercises its authority to quarantine an  extraterrestrially exposed person, property, animal or other form of life  or matter whatever, NASA will, except as provided in paragraph (c) of  this section, not exercise the authority to quarantine that same person,  property, animal, or other form of life or matter whatever. In such  cases, NASA will offer to these departments the use of the Lunar  Receiving Laboratory Quarantine Station and such other service,  equipment, personnel, and facilities as may be necessary to ensure an  effective quarantine.     (b) If neither the Department of Health, Education, and Welfare or  the Department of Agriculture exercises its quarantine authority. NASA  shall exercise the authority to quarantine and extraterrestrially exposed  person, property, animal, or other form of life or matter whatever. In  such cases, NASA will inform these departments of such quarantine action  and, in addition, may request the use of such service, equipment,  personnel and facilities of other Federal departments and agencies as may  be necessary to ensure an effective quarantine.     (c) NASA shall quarantine  NASA astronauts and other NASA personnel  as determined necessary and all NASA property involved in any space  mission.  S1211.106     Cooperation with States, territories, and possessions.     (a) Actions taken in accordance with the provisions of this part  shall be exercised in cooperation with the applicable authority of any  State, territory, possession or any political subdivision thereof.  S1211.107     Court or other process.     (a) NASA officers and employees are prohibited from discharging from  the limits of a quarantine station any quarantined person, property,  animal or other form of life or matter whatever during order or other  request, order or demand an announced quarantine period in compliance  with subpoena, show cause of any court or other authority without the  prior approval of the General Counsel and the Administrator.     (b) Where approval to discharge a quarantined person, property,  animal, or other form of life or matter whatever in compliance with such  a request, order or demand of any court or other authority is not given,  the person to whom it is directed shall, if possible, appear in court or  before the other authority and respectfully state his inability to  comply, relying for his action upon this S1211.107.  S1211.108     Violations.     Whoever willfully violates, attempts to violate, or conspires to  violate any provision of this part or any regulation or order issued  under t his part or who enters or departs from the limits of any  quarantine station in disregard  of the quarantine rules or regulations  or without permission of the NASA quarantine officer shall be fined not  more than $5,000 or imprisoned not more than 1 year, or both (18 U.S.C.  799).