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Legal Beagles
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No Aliens At the Lunch Counter
Title 14 of the Code of Federal Regulations, Part 1211 is not a "hidden law" -- it is nothing more than an example of a regulation that has been eliminated by its promulgating agency, the National Aeronautics and Space Administration. Go to the closest law library and pull out the appropriate volume for the C.F.R. You'll see that sections 1211.100 - 1211.108 hav been "reserved" (_i.e.,_ after the regulations were removed in accordance with the requirements of the Administrative Procedure Act, the numbering of the sections was reserved for any future use -- so that the other regulations don't need to be renumbered sequentially). You'll also see a reference to the volume, page number and date by which NASA published its notice of this regulatory change in the Federal Register: 56 Fed.Reg. 19259, April 26, 1991. If you pull the appropriate page of the Federal Register, you will find the following: AGENCY: National Aeronautics and Space Administration (NASA). ACTION: Final rule. SUMMARY: NASA is removing 14 CFR part 1211 since it has served its purpose and is no longer in keeping with current policy. EFFECTIVE DATE: April 26, 1991. ADDRESSES: Office of Space Science and Applications, Code S, NASA Headquarters, Washington, DC 20546 FOR FURTHER INFORMATION CONTACT: Kathryn S. Schmoll, 202-453-1410 List of Subjects in 14 C.F.R. Part 1211 Extraterrestrial exposure, Environmental protection, Security measures, Space transportation and exploration. PART 1211 -- [REMOVED] 14 C.F.R. part 1211 (consisting of sections 1211.100 through 1211.108) is hereby removed and reserved. Richard H. Truly,Administrator. [FR Doc. 91-9904 Filed 4-25-91; 8:45 am] If you want to read what the actual text of Part 1211 prior to its removal on April 26, 1991, you need a copy of the 1990 version of the Code of Federal Regulations. These historical versions of the CFR are not available without charge on the Web; however, WestLaw has historical versions of the Code of Federal Regulations back to 1985. In the alternative, if you're near a law library -- for example, one associated with a university -- you may very well have access to these historical, outdated versions of the CFR. Public law libraries associated with local courts -- for example, the Cook County Law Library in Chicago -- probably have copies, as well. Verbatim quotes of the entire text of the former Section 1211 follow: [begin quotes from now-repealed regulations] 14 CFR s 1211.100 _et seq._ s 1211.100 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. s 1211.101 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 the Earth. s. 1211.102 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 s 1204.509 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: (b)(1) Touched directly or come within the atmospheric envelope of any other celestial body; or (b)(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 the 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 s 1211.104(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. s 1211.103 Authority. (a) Sections 203 and 304 of the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2473, 2455 and 2456).(b) 18 U.S.C. 799. (c) Article IX, Outer Space Treaty, TIAS 6347 (18 UST 2416). (d) NASA Management Instructions 1052.90 and 8020.13. s 1211.104 Policy. a) Administrative actions The Administrator or his designee as authorized by s 1204.509 of this chapter shall in his discretion: (a)(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. (a)(2) Designate in writing quarantine officers to exercise quarantine authority. (a)(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. (a)(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. (a)(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. (a)(6) Provide for the subsistence, health, and welfare of persons quarantined under the provisions of this part. (a)(7) Hold such hearings at such times, in such 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. (a)(8) Cooperate with the Department of Health, Education, and Welfare and the Department of Agriculture in accordance with the provisions of s1211.105. (a)(9) Take such other actions as may be prudent or necessary and which are consistent with this part. (b) Quarantine (b)(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. (b)(2) Other quarantine stations may be established if determined necessary as provided in paragraph (a)(4) of this section. (b)(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. (b)(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. (b)(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. s 1211.105 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 effectivequarantine. (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 an 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. s 1211.106 Cooperation with States, territories and possessions. 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. s 1211.107 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 a 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 s 1211.107. s. 1211.108 Violations. Whoever, willfully violates, attempts to violate, or conspires to violateany provision of this part or any regulation or order issued under this 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). [end quotes from 1990 version of the Code of Federal Regulations] |
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