National Aeronautics and Space Admin. Pt. 1214

§ 1213.109 News releases concerning 1214.203 Optional reflight guarantee. international activities. 1214.204 Patent and data rights. 1214.205 Revisit and/or retrieval services. (a) Releases of information involving 1214.206 Damage to payload. NASA activities, views, programs, or 1214.207 Responsibilities. projects involving another country or APPENDIX A TO SUBPART 1214.2—COSTS FOR an international organization require WHICH NASA SHALL BE REIMBURSED prior coordination and approval by the APPENDIX B TO SUBPART 1214.2—OCCUPANCY Headquarters offices of External Rela- FEE SCHEDULE tions and Public Affairs. (b) NASA Centers and Headquarters Subpart 1214.3—Payload Specialists for offices will report all visits proposed by Space Transportation System (STS) Missions representatives of foreign news media 1214.300 Scope. to the Public Affairs Officer of the Of- 1214.301 Definitions. fice of External Relations for appro- 1214.302 Background. priate handling consistent with all 1214.303 Policy. NASA policies and procedures. 1214.304 Process. 1214.305 Payload specialist responsibilities. 1214.306 Payload specialist relationship with PART 1214—SPACE FLIGHT sponsoring institutions.

Subpart 1214.1—General Provisions Re- Subpart 1214.4—International Space garding Space Shuttle Flights of Pay- Station Crew loads for Non-U.S. Government, Reim- 1214.400 Scope. bursable Customers 1214.401 Applicability. Sec. 1214.402 International Space Station crew- 1214.100 Scope. member responsibilities. 1214.101 Eligibility for flight of a non-U.S. 1214.403 Code of Conduct for the Inter- government reimbursable payload on the national Space Station Crew. Space Shuttle. 1214.404 Violations. 1214.102 Definitions. 1214.103 Reimbursement for standard serv- Subpart 1214.5—Mission Critical Space ices. System Personnel Reliability Program 1214.104 Reimbursement for optional serv- 1214.500 Scope. ices. 1214.501 Applicability. 1214.105 Apportionment and/or assignment 1214.502 Definitions. of services. 1214.503 Policy. 1214.106 Minor delays. 1214.504 Screening requirements. 1214.107 Postponement. 1214.505 Program implementation. 1214.108 Termination. 1214.109 Scheduling. Subpart 1214.6—Mementos Aboard Space 1214.110 Reflight. 1214.111 Rendezvous services. Shuttle Flights 1214.112 Patent, data and information mat- 1214.600 Scope. ters. 1214.601 Definitions. 1214.113 Allocation of risk. 1214.602 Policy. 1214.114 Provision of services. 1214.603 Official Flight Kit (OFK). 1214.115 Standard services. 1214.604 Personal Preference Kit (PPK). 1214.116 Typical optional services. 1214.605 Preflight packing and storing. 1214.117 Launch and orbit parameters for a 1214.606 Postflight disposition. standard launch. 1214.607 Media and public inquiries. 1214.118 Special criteria for deployable pay- 1214.608 Safety requirements. loads. 1214.609 Loss or theft. 1214.119 Spacelab payloads. 1214.610 Violations.

Subpart 1214.2—Reimbursement for Shuttle Subpart 1214.7—The Authority of the Services Provided to Civil U.S. Govern- Space Shuttle Commander ment Users and Foreign Users Who Have Made Substantial Investment in 1214.700 Scope. the STS Program 1214.701 Definitions. 1214.702 Authority and responsibility of the 1214.200 Scope. Space Shuttle commander. 1214.201 Definition. 1214.703 Chain of command. 1214.202 Reimbursement policy. 1214.704 Violations.

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Subpart 1214.8—Reimbursement for SOURCE: 57 FR 4545, Feb. 6, 1992, unless oth- Spacelab Services erwise noted. 1214.800 Scope. § 1214.100 Scope. 1214.801 Definitions. 1214.802 Relationship to Shuttle policy. This subpart 1214.1 sets forth general 1214.803 Reimbursement policy. provisions regarding flight of Space 1214.804 Services, pricing basis, and other Shuttle cargo bay payloads for non- considerations. U.S. government, reimbursable cus- 1214.805 Unforeseen customer delay. tomers. It does not apply to Small Self- 1214.806 Premature termination of Spacelab Contained Payloads flown under the flights. provision of subpart 1214.9 or payloads 1214.807 Exceptional payloads. 1214.808 Standby payloads. flown on a space-available basis on 1214.809 Short-term call-up and accelerated NASA-provided Hitchiker carriers. launch. 1214.810 Integration of payloads. § 1214.101 Eligibility for flight of a 1214.811 Reflight guarantee. non-U.S. government reimbursable 1214.812 Payload specialists. payload on the Space Shuttle. 1214.813 Computation of sharing and pricing To be eligible for flight on the Space parameters. Shuttle, non-U.S. government, reim- Subparts 1214.9–1214.10 [Reserved] bursable payloads must meet criteria for use of the Shuttle established by Subpart 1214.11—NASA Astronaut Can- U.S. law and public policy. The NASA didate Recruitment and Selection Pro- Administrator will determine and/or gram certify the compliance of the payload with these criteria. To qualify for 1214.1100 Scope. flight on the Space Shuttle, non-U.S. 1214.1101 Announcement. 1214.1102 Evaluation of applications. government, reimbursable payloads 1214.1103 Application cutoff date. must require the unique capabilities of 1214.1104 Evaluation and ranking of highly the Shuttle, or be important for either qualified candidates. national security or foreign policy pur- 1214.1105 Final ranking. poses. 1214.1106 Selection of astronaut candidates. 1214.1107 Notification. § 1214.102 Definitions. Subparts 1214.12–1214.16 [Reserved] (a) Customer. Any non-U.S. govern- ment person or entity who, by virtue of Subpart 1214.17—Space Flight Participants a contract or other arrangement with NASA, arranges for or otherwise pro- 1214.1700 Scope. 1214.1701 Applicability. vides payloads to be flown on the Shut- 1214.1702 Relation to other part 1214 mate- tle on a reimbursable basis. rial. (b) Dedicated flight. A shuttle flight 1214.1703 Definitions. flown for a single customer. 1214.1704 Policy. (c) Dedicated flight price. The price es- 1214.1705 Selection of space flight partici- tablished by NASA for a dedicated pants. 1214.1706 Program management. flight that provides the standard serv- 1214.1707 Media and public inquiries. ices listed in § 1214.115 for 1 day of sin- gle-shift, on-orbit mission operations. AUTHORITY: Section 203(c)(1), National Aer- (d) Jettison. To physically separate all onautics and Space Act of 1958, as amended (42 U.S.C. 2473(c)). or a portion of a payload from the Shuttle after liftoff of the Shuttle without the intent of fulfilling the pay- Subpart 1214.1—General Provi- load operations requirements agreed to sions Regarding Space Shuttle by NASA and the customer. Flights of Payloads for Non- (e) Launch agreement. The primary U.S. Government, Reimburs- document between NASA and the non- able Customers U.S. government, reimbursable cus- tomer, containing the detailed terms, AUTHORITY: Sec. 203, Pub. L. 85–568, 72 Stat. conditions, requirements and con- 429, as amended (42 U.S.C. 2473); Sec. 201(b) straints under which NASA commits to Pub. L. 87–624, 76 Stat. 421 (47 U.S.C. 721(b)). provide launch services.

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(f) Marginal cost. Solely for the pur- (n) Shuttle standard flight price. The poses of determining the cost of a re- price for Shuttle standard services pro- flight launch, marginal cost is defined vided to the customer. as the cost to the U.S. Government, as (o) Standard launch. A launch meet- determined by NASA’s normal ac- ing all the launch and orbit criteria de- counting procedures, associated with fined in § 1214.117. the addition or reduction of one flight (p) Standard services. Those services in a given U.S. government fiscal year. which are generally made available for (g) Non-U.S. government reimbursable all customers, which for Space Shuttle customers are: are generically defined in NASA docu- (1) All non-U.S. Government persons ment NSTS 07700, Volume XIV, and or entities paying NASA for Shuttle which are included in the standard services under this subpart 1214.1; or flight price. If the payload uses only a (2) U.S. Government agencies obtain- portion of the standard services, the ing reimbursable Shuttle services for standard flight price will not be af- those persons or entities cited in para- fected. graph (g)(1) of this section; e.g., the De- partment of Defense under a Foreign § 1214.103 Reimbursement for stand- Military sales case. ard services. (h) Optional services. Those non- (a) Establishment of price. NASA will standard services provided at the cus- establish, and update as appropriate, tomer’s request and with the concur- the standard flight price under this rence of NASA. The price for optional § 1214.1. services is not included in the standard (b) Advance pricing. NASA normally flight price. will agree to a standard flight price no (i) Payload integration documentation. later than 3 years in advance of launch. Documentation developed to reflect (c) Price stability. The standard flight NASA/customer agreements on payload price will be fixed, subject to the terms requirements, payload/Shuttle inter- of the launch agreement, and subject faces, and ground and flight implemen- to escalation pursuant to § 1214.103(d), tation of the mission. Includes the and will be the price set by NASA as of Payload Integration Plan, its Annexes the time of signing a launch agree- and all related documentation. ment. (j) Payload length. The maximum (d) Escalation of payments. With the length of the payload in the Space exception of payments for earnest Shuttle cargo bay at any time during money, all payments will be escalated launch, landing, operations, deploy- according to the U.S. Bureau of Labor ment, servicing or retrieval. It includes Statistics Index, ‘‘Private Business any clearance length necessary for Sector, All Persons: Productivity, items such as dynamic envelope con- Hourly Compensation, Unit Labor Cost siderations, deployment, retrieval, and Prices Seasonally Adjusted’’ table, servicing and use of the remote manip- ‘‘Compensation, Per Hour,’’ column ulator system. published in the U.S. Department of (k) Payload weight. The maximum Labor, Bureau of Labor Statistics, weight of the payload in the Space news release entitled ‘‘Productivity Shuttle cargo bay, including the and Costs.’’ weight of the payload itself and a pro (e) Independence of pricing and mani- rata share of the weight of any special festing. The standard flight price for a equipment or materials needed for the shared flight payload as computed from mission. 1214.103(g) will be independent from the (l) Scheduled launch date. NASA’s of- actual payload manifest for a specific ficial then-best-estimate of the data of shared flight. launch. This will be the date of record (f) Allocation of services. (1) Customers for all scheduling and reimbursement contracting for a dedicated flight are procedures. eligible for the full standard services, (m) Shared flight. A flight that may as defined in § 1214.115, available on the be shared by more than one customer. flight.

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(2) Customers contracting for a where: standard shared flight meeting the cri- (i) Payload length is as defined in teria of § 1214.117 are eligible for a por- § 1214.102(j); tion of the standard services, as defined (ii) Payload weight is as defined in in § 1214.115, available on the flight. The § 1214.102(k); basis of apportionment will be deter- (iii) For those payloads for which mined by NASA and will be a function NASA has reviewed and accepted a of the payload load factor. NASA Form 1628 (Request for Flight (g) Computation of prices. (1) The Shuttle standard flight price for a dedi- Assignment) and received earnest cated flight is the dedicated flight money (if required) prior to (insert price as defined in § 1214.102(c). date of publication in FEDERAL REG- (2) The Shuttle standard flight price ISTER), the Shuttle lift capability for a for a standard shared flight is the prod- shared flight, standard launch will be uct of the payload’s charge factor and 29,478 kg. For all other payloads, the the dedicated flight price as defined in lift capability for a shared flight, § 1214.102(c). standard launch will be 21,542 kg. (3) The computed charge factor for a (h) Payment schedule—(1) Earnest payload is defined as: money. Earnest money in the amount of $100,000 per payload will be paid to Load Factor NASA by the customer. The earnest 0.75 money will be paid at the time of sub- If the computed charge factor ex- mission of a NASA Form 1628, and will ceeds 1.0, the charge factor will be 1.0. be applied to the first payment made If the computed charge factor is less by the customer toward the standard than 0.067, the charge factor will be flight price, or will be retained by 0.067. NASA unless NASA determines that (4) The load factor is defined as the the payload does not meet the eligi- maximum of: bility criteria referenced in § 1214.101. (2) Payment schedule for standard serv- Payload Payload ices. (i) Payment for standard services length, m, weight, kg will be made in accordance with the or 18.29 m Shuttle lift following schedule: capability, kg

Percent of price due

Number of months before launch flight is scheduled At time of Months prior to scheduled launch date scheduling 33 24 18 12 6 3 Total

33 or more ...... 10 10 15 25 25 15 100 24–32 ...... 11 ...... 10 15 25 25 15 101 18–23 ...... 23 ...... 15 25 25 15 103 12–17 ...... 42 ...... 25 25 15 107 6–11* ...... 73 ...... 25 15 113 3–5* ...... 107 ...... 15 122 Less than 3* ...... 122 ...... 122 *Additional charges pursuant to § 1214.103(h)(2)(ii) also may apply.

(ii) Unless otherwise agreed to by (B) A customer’s requested resched- NASA, for purposes of the payment uling of a payload such that it will be schedule of § 1214.103(h)(2)(i), the per- launched at an earlier date; or cent of price due at the time of sched- (C) Rescheduling of a payload post- uling will be the cumulative amount poned at the request of the customer or due at the time of: caused by the customer. (A) NASA’s initial commitment to (iii) If the time from a customer’s re- the schedule of a newly scheduled pay- quest for initial scheduling or resched- load; uling of a payload is less than 1 year from the launch date being requested,

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and NASA can accommodate the re- § 1214.106 Minor delays. quest, NASA may also charge the cus- NASA will attempt to accommodate tomer any estimated additional cost of customer requested minor launch providing standard services on such a delays. Such delays will normally be shortened schedule. requested just prior to launch. Except (iv) Normally no charges for standard for potential optional service charges, services will be made after the flight, delays up to 72 hours can normally be except for a final adjustment for esca- accommodated at no charge. This 72- lation. hour period is shared by all customers (i) Late payment fees. Customers who on a particular flight. The basis of pro- do not meet the payment schedule de- ration will be established in the launch fined in § 1214.103(h) will be subject to a agreement. Delays beyond 72 hours will late payment fee established by NASA require NASA’s approval and will re- in the launch agreement. sult in an additional charge as estab- § 1214.104 Reimbursement for optional lished in the launch agreement. services. § 1214.107 Postponement. (a) Pricing basis. To the extent prac- tical, optional services will be provided (a) Provisions of this paragraph apply on a fixed-price or fixed-rate basis. If to postponements requested or caused this is not practical, the price will be by the customer. on a governmental cost basis; i.e., the (b) A customer postponing the flight actual cost or in certain cases the esti- of a payload will pay a postponement mated actual costs. fee to NASA. The fee will be computed (b) Escalation of payments. All pay- as a percentage of the customer’s Shut- ments for optional services subject to tle standard flight price and will be escalation will be escalated in accord- based on the table below. ance with the provisions of § 1214.103(d). Postponement fee, per- (c) Schedules of payments. NASA will cent of standard flight establish payment schedules for op- Months before scheduled launch price date when postponement occurs tional services and will incorporate Dedicated Shared those schedules in the launch agree- flights flights ment at the time a particular optional service is agreed to between the cus- More than 33 ...... 0 0 18 or more but less than or equal tomer and NASA. to 33 (d) Late payment fees. Customers who —1st postponement ...... 0 0 do not make payments by the due —2nd and subsequent ...... 5 5 dates defined by NASA will be subject 17 or more but less than 18 ...... 6 9 to a late payment fee established by 16 or more but less than 17 ...... 7 13 15 or more but less than 16 ...... 8 17 NASA in the launch agreement. 14 or more but less than 15 ...... 10 20 13 or more but less than 14 ...... 11 24 § 1214.105 Apportionment and/or as- 12 or more but less than 13 ...... 12 28 signment of services. 11 or more but less than 12 ...... 13 32 (a) Subject to NASA approval, a cus- 10 or more but less than 11 ...... 14 36 tomer may apportion and/or assign 9 or more but less than 10 ...... 15 40 8 or more but less than 9 ...... 17 43 Shuttle services to third parties within 7 or more but less than 8 ...... 18 47 the payload. No apportionment and/or 6 or more but less than 7 ...... 19 51 assignment of Shuttle services may Less than 6 ...... 20 55 take place outside the payload. (b) Integration of apportioned/as- (c) If at any point, a customer post- signed payload elements within the ponement results in a launch date payload is the responsibility of the cus- more than 12 months later than the tomer. Any NASA assistance in such original scheduled launch date, the integration will be provided as an op- standard flight price for the customer’s tional service. payload may be adjusted by NASA to (c) Customers intending to apportion reflect any new standard flight price and/or assign services will so designate applicable at the time of the postponed at the time the launch agreement is launch, if such new price is higher than signed. the originally contracted price.

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(d) The payment schedule for post- (2) NASA’s confirmation of a par- poned flights will be as defined in ticular launch date will be at the time § 1214.103(h)(2). a launch services agreement is signed, (e) Customers postponing the flight normally not later than 36 months of a payload may also be subject to new prior to the desired launch date. or additional charges for optional serv- (b) NASA changes to launch date. ices. NASA will attempt to maintain the customer’s launch date as long as the § 1214.108 Termination. customer’s obligations, as established (a) Customers terminating the by NASA, are met. However, NASA launch of a payload will pay a termi- may revise the launch date under those nation fee for standard services to circumstances contained in the launch NASA. agreement. If practical, NASA launch (1) The termination fee for dedicated date changes will be in consultation flights will be computed as a percent- with the customer; however, NASA re- age of the Shuttle standard flight price serves the unilateral right to make de- and will be based on the table below. cisions with regard to launch sched- ules. Termination fee, Months before scheduled launch date percent of Shuttle (c) Payload delivery. NASA, in con- when termination occurs standard flight price sultation with the customer, will es- 18 or more ...... 10 tablish a date for payload delivery to 17 or more but less than 18 ...... 11 the launch site. 16 or more but less than 17 ...... 12 (d) Reflight scheduling. NASA will at- 15 or more but less than 16 ...... 13 tempt to schedule a payload reflight at 14 or more but less than 15 ...... 15 13 or more but less than 14 ...... 16 the earliest opportunity, but normally 12 or more but less than 13 ...... 17 no earlier than 14 months after a deter- 11 or more but less than 12 ...... 18 mination is made that a customer is 10 or more but less than 11 ...... 19 9 or more but less than 10 ...... 20 entitled to, and in fact requests a re- 8 or more but less than 9 ...... 22 flight. 7 or more but less than 8 ...... 23 6 or more but less than 7 ...... 24 § 1214.110 Reflight. Less than 6 ...... 25 (a) NASA will provide a reflight of a (2) The termination fee for shared customer’s payload under conditions flights will be the sum of all payments defined in the launch agreement. The previously paid or due for the standard standard flight price for reflights will flight price, as defined in be based on NASA’s marginal cost as § 1214.103(h)(2), at the time of termi- defined in § 1214.102(f). Reflights only nation. apply to dedicated flights and those (b) NASA may establish, in the shared-flight payloads that can be ac- launch agreement, certain conditions commodated on a standard launch as under which the customer may termi- defined in § 1214.117. nate a payload launch with reduced (b) Reflights as defined in this termination fees if NASA delays the § 1214.110 apply only to the same pay- launch of the customer’s payload for an load involved in the launch that neces- extended period. sitated the reflight, or to an essen- (c) Customers terminating the flight tially identical payload with essen- of a payload may also be subject to new tially identical integration and flight or additional charges for optional serv- operations requirements. ices. § 1214.111 Rendezvous services. § 1214.109 Scheduling. (a) A rendezvous mission involves the (a) Establishment of a launch date. (1) rendezvous of the Space Shuttle orbiter NASA will assign a tentative launch with an orbiting spacecraft for one or date for a payload only after NASA’s more of the following purposes: receipt, review and acceptance of a cus- (1) Retrieval and return to Earth of tomer-submitted NASA Form 1628 re- the orbiting spacecraft (or part there- questing flight assignment and NASA’s of), including a spacecraft deployed receipt of the customer’s earnest earlier on the same Space Shuttle money. flight.

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(2) Exchange of a spacecraft (or part § 1214.114 Provision of services. thereof) delivered to orbit on a par- NASA will provide, solely at its dis- ticular Space Shuttle mission for an al- cretion, services to the extent con- ready orbiting spacecraft (or part sistent with U.S. obligations, law, pol- thereof) and return of already orbiting icy and capability. spacecraft to Earth. (3) Revisit of an orbiting spacecraft § 1214.115 Standard services. for purposes such as resupply, repair, Standard services for the Space Shut- reboost or inspection. tle are generically defined in NASA (b) Mission operational requirements document NSTS 07700, Volume XIV. and associated optional service charges The standard services to be provided and conditions for both dedicated and for a specific payload will be agreed to shared flight rendezvous services will between NASA and the customer in the be negotiated on a case-by-case basis. launch agreement and associated pay- load integration documentation. Typ- § 1214.112 Patent, data and informa- ical standard services include the fol- tion matters. lowing for each customer. (a) Patent and data rights. NASA will (a) A standard launch that meets the not acquire rights to inventions, pat- criteria established in § 1214.117. ents or proprietary data which may be (b) Transportation of the customer’s used in, or arise from, activities for payload in the orbiter cargo bay in a which a customer has reimbursed location selected by NASA. NASA under the policies set forth here- (c) One day of single-shift, on-orbit in. However, in certain instances in mission operations. which the NASA Administrator has de- (d) A five-person flight crew: com- termined that activities may have a mander, pilot and three mission spe- significant impact on the public cialists. health, safety or welfare, NASA may (e) Orbiter flight planning services. obtain assurances from the customer (f) One day of transmission of pay- that the results will be made available load data to compatible receiving sta- to the public on terms and conditions tions via an Independent Payload Data reasonable under the circumstances. Stream. (Subject to availability, NASA (b) Information. All customers will be may make excess orbiter instrumenta- required to furnish NASA with suffi- tion downlink capability available to cient information to ensure Shuttle payloads at no additional charge.) safety and NASA’s and the U.S. Gov- (g) Deployment of a free flyer, pro- ernment’s continued compliance with vided the payload meets all the condi- law, published policy and the U.S. Gov- tions stated in § 1214.118. ernment’s obligations. (h) NASA support of selected payload design reviews. § 1214.113 Allocation of risk. (i) Prelaunch payload installation, The U.S. Government will assume no verification and orbiter compatibility risk for damages to the customer re- testing. sulting from certain activities con- (j) NASA payload safety reviews. ducted under the launch agreement or to third parties resulting from launch § 1214.116 Typical optional services. related activities or on-orbit oper- Typical optional services that may ations. The customer will be required be provided by NASA include the fol- to agree to be bound by a cross-waiver lowing, and will be further defined and of liability among the customer, other limited in payload integration docu- customers, related entities and NASA mentation agreed upon by NASA and for all activities under the launch the customer. agreement. The customer will also be (a) Use of Extended Duration Orbiter required to purchase third-party liabil- (EDO) capability or other mission kits ity insurance covering launch and on- to extend basic orbiter capability. orbit operations in an amount deemed (b) Extravehicular activity (EVA) appropriate by NASA. services.

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(c) Transportation to orbit of all or a § 1214.119 Spacelab payloads. part of the customer’s payload in other (a) Special provisions. This § 1214.119 than the orbiter cargo bay. establishes the special provisions for (d) Unique payload/orbiter integra- Spacelab services provided to Space tion and test. Shuttle customers. Where designated, (e) Payload mission planning serv- provisions of this § 1214.119 supersede ices, other than for launch, deployment those of other portions of this docu- and entry phases. ment. The following five types of (f) Additional time on orbit. Spacelab flights are available to ac- (g) Payload data processing. commodate payload requirements: (h) Flight of payload specialists. (1) Dedicated-Shuttle Spacelab flight (i) Transmission of payload data via (Ref. § 1214.119(d)(3)). an Independent Payload Data Stream (2) Dedicated-pallet flight (Ref. during additional time on orbit. § 1214.119(d)(4)). (j) Transmission of payload data via (3) Dedicated-FMDM/MPESS (flexible a Direct Data Stream. multiplexer-demultiplexer/multipur- pose experiment support structure) § 1214.117 Launch and orbit param- flight (Ref. § 1214.119(d)(4)). eters for a standard launch. (4) Complete-pallet flight (Ref. To qualify for the standard flight § 1214.119(d)(5)). price, all payloads must meet the fol- (5) Shared-element flight (Ref. lowing launch criteria: § 1214.119(d)(6)). (a) For dedicated flights: (b) Definitions—(1) Spacelab elements. (1) Launch from Kennedy Space Cen- Pallets (3-meter segments), pressurized ter (KSC) into the customer’s choice of modules (long or short), and the two standard mission orbits: 160 NM FMDM/MPESS (1-meter cross-bay circular orbit, 28.5° inclination (nomi- structure), all as maintained in the nal), or 160 NM circular orbit, 57° incli- NASA-approved Spacelab configura- nation (nominal). tion. (2) Launch on a date selected by (2) Spacelab standard flight price. The NASA within the scheduling con- price for standard services provided to straints specified in the launch agree- Spacelab customers. If a customer ment. elects not to use a portion of the stand- (3) Launch at a time, selected by ard services, the Spacelab standard NASA, from a launch window of not flight price will not be affected. The less than 1 hour (a more restrictive Spacelab standard flight price is a pro launch window may be provided as an rata share of: optional service). (i) The dedicated flight price as de- (b) For shared flights from KSC to fined in § 1214.102(c); the standard mission orbit of 160 NM (ii) The standard price for use of the circular orbit, 28.5° inclination (nomi- selected Spacelab elements; and nal): (iii) For complete-pallet and shared- (1) Launch on a date selected by element flights: NASA within the scheduling con- (A) The price for 6 extra days on straints specified in the launch agree- orbit; and ment. (B) The price for 7 days of second- (2) Launch at any time of day, se- shift operation. lected by NASA. (c) Mandatory use of dedicated-Shuttle Spacelab flight. (1) The customer will be § 1214.118 Special criteria for required to fly under the provisions of deployable payloads. § 1214.119(d)(3), if the customer requires To qualify for the standard flight exclusive use of any of the following: price, deployable payloads must meet (i) Pressurized module (long or certain criteria in terms of time of day short). of launch, and other factors. These cri- (ii) Three pallets in the ‘‘1+1+1’’ con- teria will be specified in the launch figuration. agreement and associated payload inte- (iii) Four pallets in the ‘‘2+2’’ con- gration documentation. figuration.

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(2) In the cases cited in paragraph (4) Dedicated 3-meter pallets and dedi- (1)(i) of this section, if the customer re- cated FMDM/MPESS. (i) A dedicated quests, NASA will attempt to find com- pallet (or a dedicated FMDM/MPESS) patible sharees to fly with the cus- is one that is flown for a single cus- tomer’s payload. If NASA is successful, tomer and includes all Spacelab hard- the customer’s Shuttle standard flight ware necessary to permit it to be flown price will be the greater of: on any shared flight as an autonomous (i) The dedicated flight price less re- payload (e.g., a dedicated 3-meter pal- imbursements from sharees actually let may either be supplied with its own flown; or exclusive igloo or be flown without an (ii) The computed Shuttle shared- igloo, if it requires only standard Shut- flight price for the customer’s Spacelab tle services). payload. (ii) In addition to a pro rata share of (d) Reimbursement for standard serv- the standard services listed in ices. (1) Customers will reimburse § 1214.119(j), the following standard NASA an amount equal to the Spacelab services are provided to customers of standard flight price computed accord- dedicated pallets (or dedicated FMDM/ ing to the following provisions: MPESS) and form the basis for estab- (2) Earnest money. For those cus- lishing the Spacelab standard flight tomers required to pay earnest money price: in accordance with § 1214.103(h)(1), the (A) A pro rata share of the standard total earnest money payment per pay- services listed in § 1214.115, where the load for Spacelab payloads (including basis for proration is the customer’s Shuttle services) will be either $150,000 Shuttle load factor as defined in or 10 percent of the customer’s esti- § 1214.119(l)(4)(i) for dedicated pallets mated Spacelab standard flight price, and in § 1214.119(l)(5)(ii) for a dedicated whichever is less. FMDM/MPESS. (3) Dedicated-Shuttle Spacelab flight. (B) The exclusive services of the pal- (i) A dedicated-Shuttle Spacelab flight let (or FMDM/MPESS) and all Spacelab is a Shuttle flight flown for a single hardware provided to support the pal- customer who is entitled to select the let (or FMDM/MPESS). Spacelab elements used on the flight. (C) One day of one-shift on-orbit op- (ii) In addition to the standard serv- erations. ices listed in § 1214.119(j), the following (D) Launch on a shared standard standard services are provided to cus- Shuttle flight as defined in § 1214.117. tomers of dedicated-Shuttle Spacelab (E) A pro rata share of the on-orbit flights and form the basis for the payload operations time of two NASA- Spacelab standard flight price: furnished mission specialists, where (A) Use of the full standard services the basis of proration will be the cus- of the Shuttle and the Spacelab ele- tomer’s Shuttle load factor. ments selected. (iii) Customers contracting for a (B) One day of one-shift on-orbit op- dedicated-pallet (or FMDM/MPESS) erations. flight will reimburse NASA for stand- (C) Standard mission destinations ard services an amount that is the sum consistent with launch criteria as de- of: fined in § 1214.117. (A) The product of the customer’s (D) The available payload operations Shuttle charge factor and the dedi- time of two NASA-furnished mission cated flight price as defined in specialists. § 1214.102(c); and (iii) Customers contracting for a (B) The price for the use of the pallet dedicated-Shuttle Spacelab flight will (or FMDM/MPESS) selected (including reimburse NASA for standard services all necessary mission-independent an amount that is the sum of: Spacelab equipment). (A) The dedicated flight price as de- (5) Complete pallet. (i) A complete fined in § 1214.102(c); and Spacelab pallet is one that is flown for (B) The price for the use of all Space- a single customer, but flies with other lab elements used (including all nec- Spacelab elements on a NASA or essary mission-independent Spacelab NASA-designated Spacelab flight and equipment). shares the common standard Spacelab

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services (e.g., shares an igloo with (ii) In addition to a pro rata share of other pallets). the standard services listed in (ii) In addition to a pro rata share of § 1214.119(j), the following standard the standard services listed in services are provided to customers of § 1214.119(j), the following standard shared elements and form the basis for services are provided to customers of the Spacelab standard flight price: complete pallets and form the basis for (A) For shared pallets, a pro rata the Spacelab standard flight price: share of the standard services provided (A) The pallet’s pro rata share of by a pallet. The basis of proration will standard services listed in § 1214.115, be the customer’s Spacelab load frac- where the basis of proration will be the tion as defined in § 1214.119(l)(7)(i)(A). customer’s Shuttle load factor as de- (B) For shared modules, a pro rata fined in § 1214.119(l)(6)(i). share of the standard services provided (B) A pro rata share of 7 days of two- by a long module flown on a dedicated- shift on-orbit operations, where the Shuttle Spacelab flight. The basis of basis of proration will be the cus- proration will be the customer’s Space- tomer’s Shuttle load factor. lab load fraction as defined in (C) Mission destination selected by § 1214.119(l)(7)(i)(B). The type of pressur- NASA in consultation with the cus- ized module actually used to meet a tomer. customer’s requirement for a shared (D) Assignment, with the customer’s module will be determined by NASA concurrence, to a Spacelab flight des- subsequent to launch agreement nego- ignated by NASA. tiations. (E) Launch date established by (C) A pro rata share of the element’s NASA. share of standard services listed in (F) A pro rata share of the on-orbit § 1214.115, where the basis for proration payload operations time of two NASA- will be the customer’s Spacelab load furnished mission specialists and two fraction. payload specialists, where the basis of (D) A pro rata share of 7 days of two- proration will be the customer’s Shut- shift on-orbit operations, where the tle load factor. basis of proration will be the cus- (G) Use of the entire volume above a tomer’s Shuttle load factor as defined pallet. in § 1214.119(l)(7)(i). (iii) Customers contracting for com- (E) Mission destination selected by plete-pallet flights will reimburse NASA in consultation with the cus- NASA for standard services an amount tomer. which is the sum of: (F) Assignment, with the customer’s (A) The product of the customer’s concurrence, to a Spacelab flight des- Shuttle charge factor and the sum of: ignated by NASA. (1) The dedicated flight price as de- (G) Launch date established by fined in § 1214.102(c). NASA. (2) The charge for 6 extra days of one- (H) A pro rata share of the on-orbit shift on-orbit operations. operations time of two NASA-furnished (3) The standard price for additional mission specialists, where the basis of services required to support a second proration will be the customer’s Shut- shift of on-orbit operations for 7 days. tle load factor. (B) The price for the use of a com- (iii) Customers contracting for plete pallet, including all necessary shared-element flights will reimburse mission-independent Spacelab equip- NASA for Standard services an amount ment. that is the sum of: (6) Shared element. (i) A shared ele- (A) The product of the customer’s ment is a Spacelab pallet, FMDM/ Shuttle charge factor and the sum of: MPESS, or module that: (1) The dedicated flight price as de- (A) May be shared by two or more fined in § 1214.102(c); customers on a NASA-designated (2) The charge for 6 extra days of one- Spacelab flight; and shift on-orbit operations; and (B) Shares common standard services (3) The standard price for additional with other Spacelab elements on the services required to support a second same flight. shift of on-orbit operations for 7 days.

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(B) The product of the customer’s to the launch date) for each Spacelab element charge factor and the price for payload to be flown on a shared flight. the use of the Spacelab element being A customer may still postpone or ter- used, including all necessary mission- minate a flight after the payload’s cut- independent Spacelab equipment. off date; however, NASA will not be re- (e) Minor delays. The minor delay pro- quired to remove the payload before visions of § 1214.106 will apply only to flight. those Spacelab payloads whose Shuttle (6) Customers postponing or termi- load factor is equal to or greater than nating the flight of a payload may also 0.05. be subject to new or additional charges (f) Postponement and termination. (1) A for optional services associated with customer may postpone the flight of a Shuttle or Spacelab support provided Spacelab payload one time with no ad- by NASA. ditional charge if postponement occurs (g) Spacelab reflight. (1) For Spacelab more than 18 months before the sched- payloads, the provisions of § 1214.110 uled launch date. apply. (2) Postponement or termination fees (h) Premature termination of Spacelab for Spacelab payloads will consist of flights. If a dedicated-Shuttle Spacelab the sum of: flight, a dedicated-pallet flight or dedi- (i) A fee for postponement or termi- cated-FMDM/MPESS flight is pre- nation of the Shuttle launch. maturely terminated, NASA will re- (ii) A fee for use of the Spacelab ele- fund the optional services charges for ments. planned, but unused, extra days on (3) For Shuttle launch postponement orbit. If a complete-pallet or shared- and termination fee customers will be element flight is prematurely termi- governed by the provisions of § 1214.107 nated, NASA will refund a pro rata or § 1214.108, as appropriate. share of the charges for planned, but (4) The postponement and termi- unused, extra days on orbit to cus- nation fees for use of the Spacelab ele- tomers whose payload operations are, ments are computed as a percentage of in NASA’s judgment, adversely af- the customer’s price for use of the fected by such premature termination. Spacelab elements and will be based on The basis for proration will be the cus- the table below. When postponement or tomer’s Shuttle load factor. termination occurs less than 18 months (i) Integration of payloads. (1) The cus- before launch, the fees will be com- tomer will bear the cost of the fol- puted by linear interpolation using the lowing typical Spacelab-payload mis- points provided. sion management functions: Fee for use of (i) Performing analytical design of Spacelab ele- ment(s), percent the mission. Months before scheduled launch date of price for use (ii) Generating mission requirements when postponement or termination occurs of element(s) and their documentation in the Pay- Post- load Integration Plan (PIP). pone- Termi- ment nation (iii) Providing mission-unique train- ing and payload specialists (if appro- Dedicated Flights, Dedicated Elements, and Dedicated priate). FMDM/MPESS (iv) Physically integrating experi- 18 or more ...... 5 10 ments into racks and/or onto pallets. 12 ...... 14 20 3 ...... 60 85 (v) Providing payload-unique soft- 0 ...... 75 100 ware for use during ground processing, on orbit or in POCC operations. Complete Pallets and Shared Elements (vi) Providing operation support. 18 or more ...... 5 10 (vii) Ensuring the mission is safe. 12 ...... 18 80 9 ...... 32 95 (2) All physical integration (and de- 8 or less ...... 95 100 integration) of payloads into racks and/ or onto pallets will normally be per- (5) At the time of signing of the formed at KSC by NASA. When the launch agreement, NASA will define a customer provides Spacelab elements, payload removal cutoff date (relative these physical integration activities

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may be done by the customer at a loca- (5) Prelaunch integration and inter- tion chosen by the customer. face verification of preassembled racks (3) Except for the restrictions noted and pallets (Levels III, II and I for in paragraph (i)(2) of this section, and NASA-furnished Spacelab hardware; the implementation of paragraph Level I only for customer-furnished (i)(1)(vii), customers contracting for Spacelab hardware). dedicated-Shuttle and dedicated-pallet (6) Shuttle 1 and Spacelab flight plan- flights may perform the Spacelab-pay- ning. load mission management functions (7) Payload electrical power. defined in paragraph (i)(1) of this sec- (8) Payload environmental control. tion. NASA will assist customers in the (9) On-board data acquisition and performance of these functions, if re- processing services. quested. Charges for this service will be (10) One day of transmission of pay- based on estimated actual costs, or ac- load data to compatible receiving sta- tual costs where appropriate, and will tions via an Independent Payload Data be in addition to the price for standard Stream. (Subject to availability NASA services. may make excess orbiter instrumenta- (4) For complete pallets or shared tion downlink capability available to elements, NASA will normally perform payloads at no additional charge.) 1 the Spacelab-payload mission manage- (11) Use of NASA-furnished standard ment functions listed in paragraph payload monitoring and control facili- (i)(1) of this section. Charges for this ties. service will be based on estimated ac- (12) Voice communications between tual costs, or actual costs where appro- on-orbit flight personnel operating the priate, and will be in addition to the price for standard services. customer’s payload and a NASA-des- ignated payload monitoring and con- (5) Integration of payload entities trol facility. mentioned in paragraphs (i)(2) through 1 (i)(4) of this section with NASA-fur- (13) NASA payload safety review. nished Spacelab support systems and (14) NASA support of payload design with the Shuttle will be performed by reviews. 1 NASA as a standard service for all pay- (k) Typical optional services for Space- loads flown on customer-furnished lab payloads. The following are typical Spacelab elements. Customers will be optional Spacelab services. available to participate as required by (1) Use of special payload support NASA in these levels of integration. equipment, e.g., instrument pointing Customer equipment will be operated system. only to the extent necessary for inter- (2) Nonstandard mission destination. face verification. Customers requiring (3) Additional time on orbit. additional payload operation after de- (4) Mission-independent training, use livery of the payload to NASA will ne- of, and accommodations for all flight gotiate such operation as an optional personnel in excess of five. service. (5) Mission-dependent training of all (j) Common standard services for Space- NASA-furnished personnel and lab payloads. The following standard backups. services are common to all Spacelab (6) Analytical and/or hands-on inte- flights: gration (and de-integration) of the cus- (1) Use of Shuttle 1 and Spacelab tomer’s payload into racks and/or onto hardware. pallets. (2) Spacelab interface analysis. (7) Unique integration or testing re- (3) A five-person NASA flight crew quirements. consisting of commander, pilot and (8) Additional resources beyond the three mission specialists. customer’s pro rata share. (4) Accommodations for a five-person (9) Additional experiment time or flight crew. crew time beyond the customer’s pro rata share. 1 Typical standard Shuttle services re- (10) Special access to and/or oper- peated for clarity. ation of payloads.

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(11) Customer-unique requirements NASA in a pressurized area to be des- for: software development for the Com- ignated by NASA. There is no addi- mand and Data Management Sub- tional charge for this service. system (CDMS) onboard computer, con- (v) NASA will, at its discretion, ad- figuration of the Payload Operations just, up or down, the load factors and Control Center (POCC) and/or CDMS load fractions calculated according to used during KSC ground processing. the procedures defined in this section. (12) Extravehicular Activity (EVA) Adjustments will be made for special services. space or weight requirements, which (13) Payload flight planning services. include, but not limited to: (14) Transmission of Spacelab data (A) Sight clearances, orientation or contained in the Shuttle OI telemetry placement limits. link to a location other than a NASA- (B) Clearances for movable payloads. designated monitoring and control fa- (C) Unusual access clearance require- cility. ments. (15) Transmission of payload data via (D) Clearances extending beyond the an Independent Payload Data Stream bounds of the normal element enve- during additional time on orbit. lope. (16) Transmission of payload data via (E) Extraordinary shapes. a Direct Data Stream. The adjusted values will be used as the (17) Level III/II integration of cus- basis for computing charge factors and tomer-furnished Spacelab hardware. prorating services. (l) Computation of sharing and pricing (2) Definitions used in computations. (i) parameters—(1) General. (i) Computa- Lc=Chargeable payload length, m. The tional procedures as contained in the total length in the cargo bay occupied following subparagraphs will be applied by the customer’s experiment and the as indicated. The procedure for com- Spacelab element(s) used to carry it. puting Shuttle load factor, charge fac- (ii) Wc=The weight, kg, of the cus- tor and flight price for Spacelab pay- tomer’s payload and the customer’s pro loads replaces the procedure contained rata share of the weight of NASA mis- in § 1214.103. sion-peculiar equipment carried to (ii) Shuttle charge factors as derived meet the customer’s needs. herein apply to payloads meeting the (3) Dedicated-Shuttle Spacelab flight (1- launch and orbit criteria established in day mission). The total reimbursement § 1214.117. Customers will reimburse is as defined in § 1214.119(d)(3)(iii). NASA an optional services fee for (4) Dedicated-pallet flight (1-day mis- flights to nonstandard destinations. sion). (i) The Shuttle load factors, (iii) The customer’s total Shuttle charge factors and nominal payload ca- charge factor will be the sum of the pacities for dedicated-pallet flights are Shuttle charge factors for the cus- shown in the table below. Subject to tomer’s individual (dedicated, complete other Shuttle Spacelab structural lim- or shared) elements, with the limita- its, customers are entitled to use the tion that the customer’s Shuttle payload weight capability of the pal- charge factor will not exceed 1.0. lets as indicated in the table. Payload (iv) Customers contracting for pallet- weights in excess of those shown are only payloads are entitled to locate subject to NASA approval and may en- minimal controls as agreed to by tail optional services charges.

Load Factor Charge Factor Nominal Payload Capac- ity, kg No. of Pallets With Igloo FMDM Con- With Igloo FMDM Con- FMDM Con- figuration figuration With Igloo figuration

1 ...... 0.228 0.189 0.305 0.252 2,325 2,950 2 ...... 0.392 NA 0.523 NA 4,470 NA 3-pallet train* ...... 0.556 NA 0.742 NA 4,435 NA 2+1 config...... 0.594 NA 0.792 NA 7,750 NA *Three pallets requiring the ‘‘1+1+1’’ configuration will be flown on a dedicated-flight basis [See § 1214.119(c)(1)].

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(ii) Total reimbursement. The cus- ject to NASA approval and may entail tomer’s total reimbursement is as de- optional service charges. fined in § 1214.119(d)(4)(iii). (ii) Total reimbursement. The cus- (5) Dedicated FMDM/MPESS flight (1- tomer’s total reimbursement is as de- day mission)—(i) Shuttle charge factor. fined in § 1214.119(d)(5)(iii). The Shuttle charge factor for dedicated (7) Shared elements (7-day mission)—(i) FMDM/MPESS flights is defined as: Spacelab load fractions and Shuttle load factors—(A) Pallet. Spacelab load frac- Shuttle Load Factor tion is the greater of: 075. (ii) Shuttle load factor. (A) The Shut- Wc tle load factor is defined as the max- 2, 583 kg imum of: or Lc Payload volume, m3 18. 29 m 15 m3 or + Shuttle load factor is the greater of: Wc 767 3 21, 542 kg Payload volume, m 3 (B) The minimum value of Lc is based 76 m on the element length, plus clearances, and is 1.18 m. or (iii) Total reimbursement. The cus- tomer’s total reimbursement is as de- Wc fined in § 1214.119(d)(4)(iii). 4, 319 kg (6) Complete pallets (7-day mission). (i) The Shuttle load factor and charge fac- (B) Pressurized module. Spacelab load tor for a complete pallet are 0.198 and fraction and Shuttle load factor are /MATH> EC09SE91.007 EC09SE91.008 0.228, respectively, and its payload identical and are the greater of: weight capability is 2,583 kg. Subject to other Shuttle or Spacelab structural Wc limits, customers are entitled to use 13, 045 kg this payload weight capability. Pay- load weight in excess of 2,583 kg is sub- or

2 × ()Experiment volume+ Storage volume, m3 40 m3

(ii) Shuttle charge factors and element (iii) Element charge factors for shared charge factors for pressurized modules. pallets. Shuttle charge factors and element The element charge fac- charge factors are identical and are de- If the Spacelab load fraction is: tor will be: fined as follows: Less than 0.0189 ...... 0.0218 0.0189 to 0.87 ...... Spacelab load fraction If the Spacelab load fraction (and The element charge fac- Shuttle load factor) is: tor and Shuttle charge divided by 0.87 factor will be: Greater than 0.87 ...... 1.0 Less than 0.00435 ...... 0.005 0.00435 to 0.87 ...... Spacelab load fraction (iv) Shuttle charge factors for shared divided by 0.87 pallets. Greater than 0.87 ...... 1.0

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If the Shuttle load factor is: The Shuttle charge fac- Subpart 1214.2—Reimbursement tor will be: for Shuttle Services Provided Less than 0.00375 ...... 0.005 to Civil U.S. Government Users 0.00375 to 0.75 ...... Shuttle load factor divided by 0.75 and Foreign Users Who Have Greater than 0.75 ...... 1.0 Made Substantial Investment in the STS Program (v) Total reimbursement. (A) The cus- tomer’s total reimbursement is as de- SOURCE: 42 FR 8631, Feb. 11, 1977, unless fined in § 1214.119(d)(6)(iii). otherwise noted. (B) If a customer contracts for por- tions of more than one element, the § 1214.200 Scope. charges for the use of the elements will This subpart 1214.2 sets forth: apply individually to each element (a) The policy on reimbursement for used. Shuttle services which are provided by (vi) Pressurized module experiment vol- NASA to users (as defined in § 1214.201) ume. Experiment volume in the pres- under launch services agreements, and surized module is defined to be the sum (b) Responsibilities for putting such of the customer’s payload volume in policy into effect and carrying it out. racks and in the center aisle. § 1214.201 Definition. (A) Rack volume is defined relative For the purpose of this subpart, the to basic Air Transportation Rack term users means: (ATR) configurations. The customer’s (a) For all civil U.S. Government rack volume will be defined as the vol- agencies who request Shuttle services ume of one or more rectangular from NASA, and parallelepipeds (rectangular-sided (b) Foreign users who have made sub- boxes) which totally enclose the cuss stantial investment in the STS pro- payload. Width dimensions will be ei- gram, i.e., European Space Agency ther 45.1 or 94.0 centimeters. Height di- (ESA), ESA member or observer na- mensions will be integral multiples of tions participating in Spacelab devel- 4.45 centimeters. Depth dimensions will opment, and Canada, when conducting be 61.2 or 40.2 centimeters. experimental science or experimental (B) Center aisle space volume is de- applications missions with no near- fined as the volume of a rectangular term commercial implications. parallelepiped which totally encloses the customer’s payload. No edge of the § 1214.202 Reimbursement policy. parallelepiped will be less than 30 cen- (a) Features of policy. (1) All users will timeters in length. be charged on a fixed price basis; there (vii) Pressurized module storage volume. will be no post-flight charges, except Storage volume in the pressurized mod- for prespecified optional services. ule is defined as the volume of one or (2) The price will be based on esti- mated costs. more rectangular parallelepipeds en- (3) The price will be held constant for closing the customer’s stowed payload. flights in the first three years of Space No edge of the parallelepiped(s) will be Transportation System (STS) oper- less than 30 centimeters in length. ations. (viii) Pallet payload volume. Volume (4) Payments shall be escalated ac- of the customer’s pallet-mounted pay- cording to the Bureau of Labor Statis- load is defined as the volume of a rec- tics Index for Compensation per hour, tangular parallelepiped enclosing the Total Private. pallet payload and customer-dictated (5) Subsequent to the first three mounting hardware. No edge of the years, the price will be adjusted annu- parallelepiped will be less than 30 cen- ally to insure that total operating timeters in length. costs are recovered over a twelve-year period. (6) Pricing incentives are designed to maximize the proper utilization of the STS.

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(b) Dedicated flight reimbursements. (1) (viii) For dedicated flight users, For the purposes of this policy, a dedi- NASA and the user will identify a de- cated flight is one sold to a single user. sired launch date within a period of (2) The policy is established for two ninety days three years prior to flight. distinct phases of Shuttle operations. One year prior to the flight, a firm The first phase is through the third full launch and payload delivery date will fiscal year of Shuttle operations and be identified by NASA. The firm launch the second phase consists of nine full date will be within the first sixty days fiscal years subsequent to the first of the original ninety day period. phase. Launch will occur on the firmly sched- (i) For a dedicated Shuttle flight dur- uled launch date or within a period of ing the first phase, NASA shall be re- thirty days thereafter. The payload imbursed in an amount which is a pro- must be ready to launch for the dura- rata share of forecast additive costs tion of that period. averaged over the first phase of three (c) Shared flight reimbursements. (1) years; however, the price shall not be The price of a shared Shuttle flight less than a pro-rata share of forecast will be a fraction of the dedicated total operating costs averaged over Shuttle flight price. The fraction will both the first and second phases of the be based on the length and weight of twelve year Shuttle operation period. the payload and the mission destina- (ii) For a dedicated Shuttle flight tion at the time of contract negotia- during the second phase, NASA shall be tions. The formula for computing the reimbursed a pro-rata share of forecast fraction is set forth in appendix D to total operating costs over both phases subpart 1214.1. to insure that total operating costs are (2) For shared flight users, NASA and recovered over the twelve year period. the user will identify a desired launch (iii) The definition of the costs are date three years prior to flight. Launch specified in this subpart are set forth will occur within a period of ninety in appendix A to this subpart. days, beginning on the desired launch (iv) Subject to NASA approval, a date. One year prior to flight, a pay- dedicated flight user may apportion load delivery date and a firm launch and assign STS services to other STS date will be coordinated among the users provided they satisfy STS user shared flight users. This firm launch requirements. The price of integrating date will be within the first thirty days additional payloads will be negotiated. of the original ninety day period. The (v) A summary of standard Shuttle launch will occur on the firmly sched- services included in the flight price is uled launch date or within a perod of set forth in appendix B to subpart sixty days thereafter. The payloads 1214.1. must be ready to launch for the dura- (vi) The prices of optional Shuttle tion of that period. services are being developed and shall (3) A 20 percent discount on the be set forth in the Shuttle Price Book standard flight price will be given to which is being developed. A summary shared flight users who will fly on a of the optional services is set forth in space-available (standby) basis. NASA appendix C to subpart 1214.1. will provide launch services within a (vii) For the user with an experi- prenegotiated period of one year. mental, new use of space or first time Shared flight payloads must be flight use of space of great public value, the deliverable to the launch site on the reimbursement to NASA for the dedi- first day of the one year period and cated, standard Shuttle flight in either sustain that condition until delivery to the first or second phase shall be a pro- the launch site. The user will be noti- rata share of the average twelve year fied sixty days prior to the firmly additive costs as estimated at the time scheduled launch date which has been of negotiations. Programs which qual- established by NASA. At that time, ify for this price will be determined by NASA will also establish a payload de- an STS Exceptional Program Selection livery date. The payload must be avail- Process. In all cases, the Administrator able at the launch site on the assigned will be the selection official. delivery date and ready to launch for a

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period of sixty days after the firmly ments executed after the adjustment is scheduled launch date. made. (d) Small self-contained payloads. (2) Shuttle services for both phases Packages under 200 pounds and smaller will be contracted on a fixed price than five cubic feet which require no basis. The payments in the contract Shuttle services (power, deployment, will be escalated to the time of the etc.), and are for R&D purposes, will be payment using the Bureau of Labor flown on a space-available basis during Statistics Index for Compensation per both phases of Shuttle operation. The hour, Total Private. price for this service will be negotiated (g) Earnest money. Earnest money based on size and weight, but will not shall be paid to NASA prior to NASA’s exceed $10,000 in 1975 dollars. A min- accepting a launch reservation. The imum charge of $3,000 in 1975 dollars earnest money required shall be will be made. If Shuttle services are re- $100,000 per payload; however, if the quired, the price will be individually payload is a small self-contained pay- negotiated. Reimbursement to NASA load, the earnest money shall be $500.00 will be made at the time the package is per payload. The earnest money shall scheduled for flight. be applied to the first payment for each (e) Options. (1) In order to allow the payload made by the customer, or shall user greater flexibility in selecting a be retained by NASA if a launch serv- launch date, the user may purchase a ices agreement is not signed. ‘‘floating launch date’’ option. At the time of contract execution, the user (h) Reimbursement schedule. (1) Reim- will begin to make payments according bursement shall be made in accordance to a 33 month reimbursement schedule with the reimbursement schedule con- for this launching. At any time during tained in this subsection. No charges Phase 1 or 2, the user may exercise this shall be made after the flight, except as option by informing NASA of his de- negotiated in the contract for sired launch date for this option which prespecified extra services. Those users will then be negotiated by NASA and who contract for Shuttle services less the user. This launch date must be at than three years before the desired least 33 months after the date of the launch date will be accommodated and first reimbursement payment. If the will pay on an accelerated basis accord- desired launch date is within one year ing to the reimbursement schedule. of the date of declaration, the short (2) Standby payloads. (i) Before the es- term call-up option and associated fee tablishment of a firmly scheduled will apply. If the desired launch is to launch date, the number of months be- occur in a year for which a new price fore launch will be computed assuming per flight is in effect, the user will pay a launch date at the mid-point of the the new price. The fee for this option is designated one-year period. 10 percent of the user’s flight price in (ii) Once the firmly scheduled launch effect at the time of contract execution date is established, the user shall reim- and is payable at that time. This fee burse NASA to make his payments cur- will not be applied to the price of the rent according to the reimbursement user’s flight. schedule. (2) Options must be exercised for a (3) Rembursement schedule. flight by the end of the second phase of [Percent of price] operations or the option fee will be re- tained by NASA. Months prior to scheduled Number of months before launch date (f) Fixed price period and escalation. (1) launch flight is scheduled The price will remain constant for 33 27 21 15 9 3 flights during the first phase of Shuttle operations. For flights during the sec- 33 months or more ...... 10 10 17 17 23 23 27 to 32 months ...... 21 17 17 23 23 ond phase, the price will be adjusted on 21 to 26 months ...... 40 17 23 23 a yearly basis, if necessary, to assure 15 to 20 months ...... 61 23 23 recovery of total operating costs over a 9 to 14 months ...... 90 23 twelve-year period. These adjusted 3 to 8 months ...... prices will be applicable only to agree-

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This schedule holds unless there are price according to the reimbursement offsetting advantages to the U.S. Gov- schedule plus short term call-up addi- ernment of an accelerated launch tional costs. These additional charges schedule. will be based on estimated costs to be (4) Contracts for Shuttle services incurred. made one year or less before a flight (6) For the purposes of this para- and up to three months before a flight graph, adjusted reimbursements is de- will be made on a space-available basis fined to be reimbursements assuming unless short term call-up option is all shared users are among those de- elected. fined in § 1214.201. (i) Short term call-up option. (1) For (7) The load factor-recovery fee will flights contracted on year or less be- never be less than zero. fore launch, but not less than three (8) The load factor-recovery fee is months before launch, short term call- payable upon receipt of NASA’s billing up will be provided to dedicated flight therefor. users at the dedicated flight prices ac- (j) Accelerated launches. For users who cording to the reimbursement sched- reschedule a launch so that it occurs ule. earlier than the planned launch, the (2) For dedicated flight users requir- user will pay on an accelerated reim- ing short term call-up flights less than bursement schedule. The user will re- three months before launch, NASA will imburse NASA to make his payments provide STS launch services on a current on the new accelerated reim- space-available basis. NASA shall be bursement schedule. If the time from reimbursed the dedication flight price notification of acceleration is less than according to the reimbursement sched- one year from the new launch date, ule plus short term call-up additional short term call-up reimbursements will costs. The additional costs will be also apply. based on estimated costs to be in- (k) Postponements—(1) Non-standby curred. payloads. (i) A user can postpone a (3) For shared flights contracted one flight of his payload one time with no year or less before launch, but more additional charge if postponement oc- than six months before launch, users curs more than one year before launch. may elect the short term call-up op- For subsequent postponed flights more tion. The user shall reimburse NASA than one year before launch, the user the standard shared flight price accord- shall reimburse NASA a postonement ing to the reimbursement schedule plus fee of 5 percent of the user’s flight a load factor-recovery fee. The load price. For postponements one year or factor-recovery fee is half the dif- less before launch, the user shall reim- ference between a dedicated flight burse NASA 5 percent of the user’s price and the user’s shared flight price flight price plus an occupancy fee ac- or the difference between a dedicated cording to the occupancy fee schedule flight price and the total adjusted re- in appendix B. imbursements from all shared users, (ii) If the postponement of a flight whichever is less. causes the payload to be launched in a (4) For shared flights contracted six year for which a different price per months or less before launch, but more flight has been established, the new than three months before launch, users price shall apply if it is higher than the may elect the short term call-up op- originally contracted price. tion. The user shall reimburse NASA (2) Standby payloads. (i) For flights the standard share flight price accord- postponed more than six months prior ing to the reimbursement schedule plus to the beginning of the negotiated one- a load factor-recovery fee which is the year period, NASA shall renegotiate a difference between a dedicated flight new one-year period during which price and the total adjusted reimburse- launch will occur. No additional fee ment from all shared flight users. will be imposed. (5) Shared flights contracted three (ii) For flights postponed six months months or less before launch will be or less prior to the beginning of the ne- flown on a space-available basis. NASA gotiated one-year period, the user shall shall be reimbursed the shared flight reimburse NASA 5 percent of the user’s

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flight price plus an occupancy fee ac- (2) The launch of an attached payload cording to the occupancy fee schedule into its mission orbit if the first launch set forth in appendix B. attempt is unsuccessful through no (3) Postponement fees are payable fault of the user, and if the payload re- upon receipt of NASA’s billing there- turns safely to earth or a second pay- for. load is provided by the user. (4) Flights postponed will henceforth (3) A launch of a Shuttle into a pay- be treated as newly scheduled launches load mission orbit for the purpose of according to the reimbursement sched- retrieving a payload if the first re- ule. The number of months prior to trieval attempt is unsuccessful through launch will be taken as the total num- no fault of the user. This guarantee ber or months between the date post- only applies if the payload is in a safe ponement is elected and the new retrievable condition as determined by launch date. Short term call-up options NASA. and associated fees shall apply. (b) Reflight insurance is not applica- (5) Minor delays (up to three days) ble to payloads or upper stages placed caused by the users will not constitute into orbits other than the Shuttle mis- a postponement. No fee will be charged sion orbit. for a minor delay. § 1214.204 Patent and data rights. (l) Cancellations—(1) Non-standby pay- loads. Users who cancel a flight more (a) When accommodating missions than one year before launch shall reim- under this subpart, i.e., experimental burse NASA 10 percent of the user’s science or experimental applications flight price. For a cancelled flight one missions for ESA, ESA member states year or less before launch, the user or Canada with no near-term commer- shall reimburse NASA 10 percent of the cial implications, NASA will obtain for user’s flight price plus an occupancy U.S. Governmental purposes rights to fee as set forth in appendix B. inventions, patents and data resulting (2) Standby payloads. (i) Users who from such missions, subject to the cancel a flight more than six months user’s retention of the rights to first prior to the beginning of the nego- publication of the data for a specified tiated one-year period shall reimburse period of time. NASA 10 percent of the user’s flight (b) The user will be required to fur- price. nish NASA with sufficient information (ii) For a flight cancelled six months to verify peaceful purposes and to in- or less prior to the beginning of the ne- sure Shuttle safety and NASA’s and gotiated one-year period, the user shall the U.S. Government’s continued com- reimburse NASA 10 percent of the pliance with law and the Government’s user’s flight price plus an occupancy obligations. fee as set forth in appendix B. § 1214.205 Revisit and/or retrieval (3) Cancellation fees are payable services. upon receipt of NASA’s billing there- These services will be priced on the for. basis of estimated costs. If a special [42 FR 8631, Feb. 11, 1977, as amended at 49 dedicated Shuttle flight is required, FR 17736, Apr. 25, 1984] the full dedicated price will be charged. If the user’s retrieval requirement is § 1214.203 Optional reflight guarantee. such that it can be accomplished on a (a) If reflight insurance is purchased scheduled Shuttle flight, he will only from NASA, NASA guarantees one re- pay for added mission planning, unique flight of: hardware or software, time on orbit, (1) The launch and development of a and other extra costs incurred by the free flying payload into a Shuttle com- revisit. patible mission orbit if, through no fault of the user, the first launch and § 1214.206 Damage to payload. deployment attempt is unsuccessful The price does not include a contin- and if the payload returns safely to gency or premium for damage that earth or a second payload is provided may be caused to a payload through by the user. the fault of the U.S. Government or its

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contractors. The U.S. Government, APPENDIX B TO SUBPART 1214.2 OF PART therefore, will assume no risk for dam- 1214—OCCUPANCY FEE SCHEDULE age or loss to the user’s payload. The For a postponed or cancelled dedicated users will assume that risk or obtain flight, the occupancy fee will be zero. insurance protecting themselves For a postponed or cancelled shared flight, against that risk. the occupancy fee will be computed accord- ing to the computation instructions set forth § 1214.207 Responsibilities. below. If the computation results in an occu- pancy fee which is less than zero, the occu- (a) Headquarters officials. (1) The pancy fee will be reset to zero. NASA Comptroller, in coordination For a postponed or cancelled shared flight with the Associate Administrator for one year or less, but more than six months Space Flight will: before launch, the user shall reimburse (i) Prescribe guidelines, procedures, NASA an occupancy fee of half the user’s flight price less any adjusted reimburse- and other instructions which are nec- ments from other users who contract for the essary for estimating costs and setting same flight subsequent to the postponement prices and publishing them in the or cancellation date. NASA Issuance System, and For a postponed or cancelled shared flight (ii) Review and arrange for the bill- six months or less before launch, the user ing of users. shall reimburse NASA an occupancy fee of 90% of the user’s flight price less any ad- (2) The Associate Administrator for justed reimbursements from other users who Space Flight will arrange for: contract for the same flight subsequent to (i) Developing estimates for costs and the postponement or cancellation date. establishing prices in sufficient detail For a given shared flight, if the occupancy to reveal their basis and rationale. fee so computed would result in total ad- justed reimbursements (exclusive of the 5% (ii) Obtaining approval of the NASA (10%) postponement (cancellation) fee) in ex- Comptroller of such estimates and re- cess of the price of a dedicated flight, the oc- lated information prior to the execu- cupancy fee will be reduced in order to re- tion of any agreement, and cover the price of a dedicated flight. (iii) Reviewing of final billings to In the event that, as a result of the post- users prior to submission to the NASA ponement or cancellation, the Shuttle is not launched at all for the intended flight, the Comptroller. occupancy fee will be zero. (b) Field installation officials. The Di- For purposes of this attachment, adjusted rectors of Field Installations respon- reimbursements is defined to be reimburse- sible for the STS operations will: ments assuming all users are among those (1) Maintain and/or establish agency defined in § 1214.201. systems which are needed to identify costs in the manner prescribed by the Subpart 1214.3—Payload Special- NASA Comptroller, ists for Space Transportation (2) Compile financial records, reports, System (STS) Missions and related information, and (3) Provide assistance to other NASA SOURCE: 54 FR 48587, Nov. 24, 1989, unless officials concerned with costs and re- otherwise noted. lated information. § 1214.300 Scope. APPENDIX A TO SUBPART 1214.2 OF PART (a) This revision of subpart 1214.3 re- 1214—COSTS FOR WHICH NASA defines the title of payload specialist SHALL BE REIMBURSED and sets forth NASA’s policy on and process for the determination of need, Total Operating Costs. Total Operating selection, and utilization of payload Costs include all direct and indirect costs, specialists and additional mission spe- excluding costs of composing the use charge. cialists to be assigned to a Space Such costs include direct program charges Transportation System (STS) flight in for manpower, expended hardware, refurbish- ment of hardware, spares, propellants, provi- addition to the standard NASA flight sions, consumables and launch and recovery crew. services. They also include a charge for pro- (b) This subpart does not apply to the gram support, center overhead and contract selection of crew for the Space Station administration. Freedom. It is recognized that the

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Space Station has unique requirements (g) Payload sponsor. For NASA and regarding its crew and that a separate, NASA-related payloads the payload specifically tailored policy will need to sponsor is the Associate Administrator be developed in the future. of the sponsoring Program Office whose responsibilities are most closely re- § 1214.301 Definitions. lated to the particular scientific or en- (a) Payload specialists. Individuals gineering discipline associated with a other than NASA astronauts (com- payload. For all other payloads, the manders, pilots, and mission special- payload sponsor is identified by the As- ists), whose presence is required on sociate Administrator who contracts with the agency or organization, board the Space Shuttle to perform whether foreign or domestic, private- specialized functions with respect to sector or governmental, to fly a pay- operation of one or more payloads or load on the STS. other essential mission activities. (h) Unique requirements. The need for (b) NASA or NASA-related payload. A a highly specialized or unusual tech- specific complement of instruments, nical or professional background or the space equipment, and support hard- need for instrument operations requir- ware, developed by a NASA Program ing a highly specialized or unusual Office or by another party with which background that is not likely to be NASA has a shared interest, and car- found in the group of mission special- ried into space to accomplish a mission ists or cannot be attained in a reason- or discrete activity in space. able training period. (c) Mission. The performance of a co- herent set of investigations or oper- § 1214.302 Background. ations in space to achieve program (a) The Space Transportation System goals. A single mission might require (STS) has been developed to expand the more than one flight or more than one Nation’s capabilities to utilize the mission might be accomplished on a unique environment of space. It pro- single flight. vides opportunity for individuals other (d) Mission manager. The official re- than career astronauts to participate sponsible for the implementation of as onboard members of the flight crew the payload portion of an STS flight(s). under specified conditions. The purpose (e) Mission specialist. A career NASA of such participation by these individ- astronaut trained and skilled in the op- uals is to ensure the achievement of eration of STS systems related to pay- the payload or mission-related objec- load operations and thoroughly famil- tives. iar with the operational requirements (b) The STS will provide these addi- and objectives of the payloads with tional crew members with a habitable which the mission specialist will fly. working environment and support serv- The mission specialist, when des- ices in such a way as to require a min- ignated for a flight, will participate in imum of dedicated space flight train- the planning of the mission and will be ing, allowing them to concentrate their responsible for the coordination of efforts on the accomplishment of their overall payload/STS interaction. The scientific, technical, or mission objec- mission specialist will direct the allo- tives. cation of STS and crew resources to the accomplishment of the combined § 1214.303 Policy. payload objectives during the payload (a) General. (1) The Challenger acci- operations phase of the flight in ac- dent marked a major change in the cordance with the approved flight plan. U.S. outlook and policies with respect (f) Investigator Working Group (IWG). to the flight of other than NASA astro- A group composed of the Principal In- nauts. NASA and interested external vestigators, or their representatives, parties, domestic and international, whose primary purpose is facilitating must re-examine previous under- or coordinating the development and standings, expectations, and commit- execution of the operational plans of ments regarding flight opportunities in an approved NASA program or report- light of the new policies now being ing the progress thereof. enunciated.

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(2) NASA policies and their imple- quirements are involved. In the case of mentation recognize that: foreign-sponsored missions and pay- (i) Every flight of the Shuttle in- loads, the need and requirements for volves risks; payload specialists will be negotiated (ii) Flight opportunities will now and mutually agreed between the for- generally be limited to professional eign sponsors and NASA. The selection NASA astronauts and payload special- process for additional crew members to ists essential for mission requirements; meet approved requirements will first and give consideration to qualified NASA (iii) Top priority must be given to: mission specialists. When payload spe- (A) Establishing, proving, and main- cialists are required, they will be nomi- taining the reliability and safety of the nated by the appropriate NASA, for- Shuttle system; eign, or other designated payload spon- (B) Timely and efficient reduction of sor. In the case of NASA or NASA-re- the backlog of high priority scientific lated payloads, the nominations will be and national security missions; and based on the recommendations of the maximum utilization of the Shuttle ca- appropriate Investigator Working pacity for primary and secondary pay- loads that require transportation to or Group (IWG). from orbit by the Space Shuttle. (c) Space flight participants. NASA re- (3) All Shuttle flights will be planned mains committed to the long-term goal with a minimum NASA crew of five as- of providing space flight opportunities tronauts (commander, pilot, and three for persons outside the professional mission specialists). When payload or categories of NASA astronauts and other mission requirements define a payload specialists when this contrib- need and operational constraints per- utes to approved NASA objectives or is mit, the crew size can be increased to a determined to be in the national inter- maximum of seven. Any such addi- est. However, NASA is devoting its at- tional crew members must be identi- tention to proving the Shuttle sys- fied at least 12 months before flight tem’s capability for safe, reliable oper- and be available for crew integration at ation and to reducing the backlog of 6 months. high priority missions. Accordingly, (4) NASA policy and terminology are flight opportunities for space flight revised to recognize two categories of participants are not available at this persons other than NASA astronauts, time. NASA will assess Shuttle oper- each of which requires separate policy ations and mission and payload re- treatment. They are: quirements on an annual basis to de- (i) Payload specialists, redefined to termine when it can begin to allocate refer to persons other than NASA as- and assign space flight opportunities tronauts (commanders, pilots, and mis- for future space flight participants, sion specialists), whose presence is re- consistent with safety and mission con- quired onboard the Space Shuttle to siderations. When NASA determines perform specialized functions with re- that a flight opportunity is available spect to operation of one or more pay- for a space flight participant, first pri- loads or other essential mission activi- ority will be given to a ‘‘teacher in ties. space,’’ in fulfillment of space edu- (ii) Space flight participants, defined cation plans. to refer to persons whose presence on- board the Space Shuttle is not required § 1214.304 Process. for operation of payloads or for other essential mission activities, but is de- (a) Determining the need for additional termined by the Administrator of crew members. The payload sponsor will NASA to contribute to other approved be responsible for recommending the NASA objectives or to be in the na- number of addition crew members and tional interest. for establishing the technical or sci- (b) Payload specialists. Payload spe- entific need, the selection criteria, cialists may be added to Shuttle crews uniqueness of qualifications, the pro- when more than the minimum crew posed training, and other requirements size of five is needed and unique re- for the additional crew members. The

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payload sponsor’s requirements for ad- in paragraph (b)(3)(iii) of this section ditional crew members, their qualifica- will be required. The IWG will be re- tions, and the proposed duration for sponsible for: training will be reviewed with and con- (i) Establishing professional and curred in by the Associate Adminis- operational criteria for payload spe- trator for Space Flight. cialists for specific payloads. The cri- (b) Selection of additional crew members teria will include willingness on the for NASA and NASA-related payloads. part of the candidate to accept the ap- After the requirement for additional plicable provisions of § 1214.306 and sat- crew members has been established, isfactory completion of a background the IWG will be tasked by the payload investigation conducted to NASA’s sponsor to commence the selection standards, as determined by the Direc- process. The IWG review process will tor, NASA Security Office. include the participation of a senior as- (ii) Evaluating all candidates using tronaut from the Flight Crew Oper- the criteria established. ations Directorate at the Johnson (iii) Determining which candidate Space Center who will provide oper- payload specialists, who meet the ational and applicant suitability cri- NASA Class III Space Flight Medical teria. Selection Standards, are deemed best (1) Prior to the payload sponsor’s rec- professionally qualified. (The ommendation for additional crew mem- preselection phases of the medical ex- bers and at his/her direction, the IWG amination will be conducted at John- will have studied the requirements of son Space Center by certified exam- the selected investigations, the num- iners approved by the Director, Life ber, qualifications, training require- Sciences Division, NASA Head- ments and other requirements of pay- quarters). load specialists, and backups necessary (iv) Submitting its recommendations to support the payload objectives, and for payload specialists through the made recommendations to the payload mission manager to the payload spon- sponsor. sor who in turn will determine final (2) Members of the mission specialist recommendations which will be re- cadre will be considered first. The pay- viewed with and concurred in by the load mission manager, on behalf of the Associate Administrator for Space IWG, will convey the selection criteria Flight. for the proposed additional crew mem- (4) The payload sponsor and the Asso- bers to the Chief, Astronaut Office. The ciate Administrator for Space Flight IWG, the mission manager, and the As- will advise the Administrator of the tronaut Office will coordinate the re- payload specialist selections. view of the proposed candidates and (c) Selection of additional crew members the mission manager will forward rec- for foreign payloads. The need and re- ommendations to the payload sponsor. quirements for payload specialists will Recommendations from the payload be negotiated and mutually agreed to sponsor will be submitted to the Asso- between the foreign sponsor and NASA. ciate Administrator for Space Flight This negotiating process will include for approval. the participation of a senior astronaut (3) If mission specialists meeting the from the Flight Crew Operations Direc- requirements cannot be provided be- torate at the Johnson Space Center cause of the uniqueness of require- who will provide operational and appli- ments or impracticability of the re- cant suitability criteria. After agree- sultant training obligation, or if ment is reached, the payload sponsor backup payload specialists are re- will initiate the selection process. Sub- quired, the IWG may then solicit can- ject to the negotiated agreement, sub- didate payload specialists from outside sequent steps in the process will be the career astronaut corps. The solici- similar to those described in tation will require, as a minimum, that § 1214.304(b) modified as follows: a summary of professional qualifica- (1) The IWG functions will be per- tions be submitted to the IWG. In addi- formed by a selection committee or tion, a medical history, and the results other procedure designated by the pay- of the physical examination described load sponsor.

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(2) The payload sponsor will des- didate payload specialists. The payload ignate an individual to perform the sponsor will be responsible for: mission manager functions. (i) Establishing professional and (3) The committee or procedure in operational criteria for payload spe- paragraph (c)(1) of this section and the cialists for specific payloads. The cri- person named in paragraph (c)(2) of teria will include willingness on the this section will be established during part of the candidate to accept the ap- the negotiations between the foreign plicable provisions of § 1214.306 and sat- sponsor and NASA, consistent with the isfactory completion of a background specific circumstances. investigation conducted to NASA’s (4) The payload sponsor will also be standards, as determined by the Direc- responsible for submission to NASA by tor, NASA Security Office. an appropriate authority of written as- (ii) Evaluating all candidates using surance that an inquiry has been made the criteria established. into the recommended payload special- ist’s background and suitability on the (iii) Determining which candidate basis of standards similar to those ap- payload specialists, who meet the plied to NASA payload specialist can- NASA Class III Space Flight Medical didates and a statement by the selected Selection Standards, are deemed best candidate asserting a willingness to ac- professionally qualified. (The cept the applicable provisions of preselection phases of the medical ex- § 1214.306. These written assurances amination will be conducted at the must be received and accepted by Johnson Space Center by certified ex- NASA before selection and before any aminers approved by the Director, Life NASA training can begin. Sciences Division, NASA Head- (d) Selection of additional crew members quarters). for other payloads. After the request for (iv) Submitting its recommendations additional crew members is approved, for payload specialist selection to the the payload sponsor will commence the Associate Administrator for Space selection process. The payload sponsor Flight for approval. review process will include the partici- (e) Preflight activities for additional pation of a senior astronaut from the crew members. Mission specialists serv- Flight Crew Operations Directorate at ing as additional crew for the payload, the Johnson Space Center who will pro- once selected, will be primarily respon- vide operational and applicant suit- sible to the mission manager who, to- ability criteria. gether with the IWG (or comparable (1) The payload sponsor will first con- body designated by the payload spon- sider members of the mission specialist sor) and the Director, Flight Crew Op- cadre. A representative of the payload erations, will determine the integrated sponsor selection committee will con- training and work schedules as appro- vey the selection criteria for the pro- priate to the areas of responsibilities posed payload specialists to the Chief, outlined in the following paragraphs. Astronaut Office, and coordinate on the recommendations for mission spe- (1) The IWG for NASA and NASA-re- cialists to satisfy the requirements. lated payloads or the Payload Sponsor The recommendations will be sub- for all other payloads is responsible for mitted to the Associate Administrator defining the training necessary for pay- for Space Flight for approval who will load elements within its cognizance. then advise the Administrator of the The mission manager is responsible for selections. the total integrated payload training (2) If mission specialists meeting the and will assist the IWG as necessary in requirements cannot be provided be- carrying out the defined training ac- cause of the uniqueness of qualifica- tivities. tions or impracticability of the result- (2) The Director, Flight Crew Oper- ant training obligation, the payload ations, is responsible for establishing sponsor selection committee, with con- the training requirements for payload currence from the payload sponsor and specialists on Orbiter, Spacelab, and the Associate Administrator for Space STS-provided payload support systems Flight, may then consider other can- as appropriate. In order to enhance the

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crew integration process, the addi- for concurrence. The payload sponsor tional crew members (payload special- and the Associate Administrator for ists and additional mission specialists) Space Flight will advise the Adminis- will be based at the Johnson Space trator of the selections. Center 6 months prior to flight, unless (g) Effective date. The described selec- otherwise agreed between the payload tion process will apply to all STS mis- sponsor and the Director, Flight Crew sions for which selections have not Operations, Johnson Space Center. been approved prior to December 31, (3) The payload specialists must be 1988. certified for flight by the Director, Flight Crew Operations, upon satisfac- § 1214.305 Payload specialist respon- tory completion of all required train- sibilities. ing and demonstrated performance of (a) Relationship with flight crew. The assigned tasks. Certification of the crew commander has overall responsi- payload specialist’s readiness for flight bility for crew integration and the safe will be made to the payload mission and successful conduct of the mission. manager and will include an assess- With respect to crew and vehicle safe- ment by the crew commander of the ty, the commander has ultimate re- payload specialist’s suitability for sponsibility and authority for all as- space flight. signed crew duties. The payload spe- (4) The mission manager is respon- cialist is responsible to the authority sible for verifying to the payload spon- of the commander and operates in com- sor that all crew members are properly pliance with mission rules and Payload trained for in-flight payload oper- Operation Control Center directives. ations. Payload specialists are expected to op- (i) The medical program for payload erate as an integral part of the crew specialists will be continued during the and will participate in crew activities preflight period in accordance with the as specified by the crew commander. NASA Class III Space Flight Medical (b) Operation of payload elements. The Selection Standards. payload specialist will be responsible (ii) If, during the preflight period, the for the operation of the assigned pay- number of additional crew members is load elements. Onboard decisions con- reduced to fewer than that agreed to, cerning assigned payload operations or an additional crew member does not will be made by the payload specialist. meet the certification requirements, A payload specialist may be designated the necessary reprocessing may be ini- to resolve conflicts between the pay- tiated to provide replacements con- load elements and approve such devi- sistent with the above described selec- ation from the flight plan as may arise tion process and the STS training re- from equipment failures or STS fac- quirements. tors. In the instance of STS factors, (f) Designation of primary and backup the mission specialist will present the payload specialists (when required). At available options for the payload-re- an appropriate time designated by the lated decisions by the payload spe- mission manager (not later than 9 cialist. months prior to flight), the IWG for (c) Operation of STS equipment. The NASA and NASA-related payloads or payload specialist will be responsible payload sponsor for all other payloads for knowing how to operate certain will recommend which payload special- Obiter systems, such as hatches, food, ists should be designated as prime and and hygiene systems, and for pro- which as backup. However, in cases ficiency in those normal and emer- where mission specialists have been se- gency procedures which are required lected for the payload specialist posi- for safe crew operations, including tion(s), they will be considered as pri- emergency egress and bail out. The re- mary at the time of selection. The rec- sponsibility for on-orbit management ommendations will be forwarded by the of Orbiter systems and attached pay- mission manager to the Program Office load support systems and for which will review the recommenda- extravehicular activity and payload tions and forward them to the Asso- manipulation with the Remote Manip- ciate Administrator for Space Flight ulator System will rest with the NASA

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flight crew. The NASA flight crew will signed on behalf of NASA by the NASA operate Orbiter systems and standard General Counsel or designee. payload support systems, such as Spacelab and Internal Upper Stage sys- Subpart 1214.4—International tems. With approval of the commander, Space Station Crew payload specialists may operate pay- load support systems which have an ex- AUTHORITY: 42 U.S.C. sections 2455, 2473, tensive interface with the payload. and 2475; 18 U.S.C. 799. § 1214.306 Payload specialist relation- SOURCE: 65 FR 80303, Dec. 21, 2000, unless ship with sponsoring institutions. otherwise noted. Specialists who are not U.S. Govern- § 1214.400 Scope. ment employees must enter into a con- (a) This subpart sets forth policy and tractual or other arrangement estab- procedures with respect to Inter- lishing an obligatory relationship with national Space Station crewmembers an institution participating in the pay- provided by NASA for flight to the load as designated by the payload spon- International Space Station. sor prior to selection and before enter- (b) In order to provide for the safe op- ing into training at a NASA installa- eration, maintenance of order, and tion or NASA-designated location. proper conduct of crew aboard the Payload specialists who are not other- International Space Station, the Janu- wise U.S. Government employees will ary 29, 1998, Agreement Among the not become U.S. Government employ- Government of Canada, Governments ees by virtue of being selected as a pay- of Member States of the European load specialist. Except as specified in Space Agency, the Government of the following paragraphs of this sec- Japan, the Government of the Russian tion, NASA will not enter into any di- Federation, and the Government of the rect contractual or other arrangement United States of America Concerning with individual payload specialists. Cooperation on the Civil International Any exception must be approved by the Space Station (hereinafter Agreement), NASA Administrator. which establishes and governs the (a) Payload specialists who are not International Space Station, requires citizens of the United States will be re- the development and approval of a quired to enter into an agreement with Code of Conduct for International NASA in which they agree to accept Space Station crew. Pursuant to Arti- and be governed by specified standards cle 11 of the Agreement, each Inter- of conduct. Any such agreement will be national Space Station partner is signed on behalf of NASA by the NASA obliged to ensure that crewmembers General Counsel or designee. which it provides observe the Code of (b) Payload specialists who are citi- Conduct. zens of the United States and who are not employees of the U.S. Government, § 1214.401 Applicability. will be required to enter into an agree- This subpart applies to all persons ment with NASA in which they agree provided by NASA for flight to the to accept and be governed by specified International Space Station, including standards of conduct. Any such agree- U.S. Government employees, uni- ment will be signed on behalf of NASA formed members of the Armed Serv- by the NASA General Counsel or des- ices, U.S. citizens who are not employ- ignee. ees of the U.S. Government, and for- (c) Payload specialists who are em- eign nationals. ployed by a branch, department, or agency of the U.S. Government other § 1214.402 International Space Station than NASA may (pursuant to the exer- crewmember responsibilities. cise of judgment by the NASA General (a) All NASA-provided International Counsel) be required to enter into an Space Station crewmembers are sub- agreement with NASA to accept and be ject to specified standards of conduct, governed by specified standards of con- including those prescribed in the Code duct. Any such agreement will be of Conduct for the International Space

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Station Crew, set forth as § 1214.403. NASA-provided International Space NASA-provided International Space Station crewmembers, is as follows: Station crew members may be subject CODE OF CONDUCT FOR THE INTERNATIONAL to additional standards and require- SPACE STATION CREW ments, as determined by NASA, which will be made available to those NASA- I. INTRODUCTION provided crewmembers, as appropriate. A. Authority (1) NASA-provided International Space Station crewmembers who are This Code of Conduct for the International Space Station (ISS) crew, hereinafter re- not citizens of the United States will ferred to as Crew Code of Conduct (CCOC), is be required to enter into an agreement established pursuant to: with NASA in which they agree to (1) Article 11 (Crew) of the intergovern- comply with specified standards of con- mental Agreement Among the Government duct, including those prescribed in the of Canada, Governments of Member States of Code of Conduct for the International the European Space Agency, the Government Space Station Crew (§ 1214.403). Any of Japan, the Government of the Russian Federation, and the Government of the such agreement will be signed on be- United States of America Concerning Co- half of NASA by the NASA General operation on the Civil International Space Counsel or designee. Station (the IGA) signed by the Partner (2) NASA-provided International States on January 29, 1998; and Space Station crewmembers who are (2) Article 11 (Space Station Crew) of the citizens of the United States but are Memoranda of Understanding between, re- spectively, the National Aeronautics and not employees of the U.S. Government Space Administration of the United States of will be required to enter into an agree- America (NASA) and the Canadian Space ment with NASA in which they agree Agency (CSA), NASA and the European to comply with specified standards of Space Agency (ESA), NASA and the Govern- conduct, including those prescribed in ment of Japan (GOJ), and NASA and the the Code of Conduct for the Inter- Russian Space Agency (RSA) Concerning Co- operation on the Civil International Space national Space Station Crew Station (the MOU’s), which require, inter (§ 1214.403). Any such agreement will be alia, that the crew Code of Conduct be devel- signed on behalf of NASA by the NASA oped by the partners. General Counsel or designee. (3) NASA-provided International B. Scope and Content Space Station crewmembers who are The partners have developed and approved employed by a branch, department, or this CCOC to: establish a clear chain of com- agency of the U.S. Government may, as mand on-orbit; establish a clear relationship between ground and on-orbit management; determined by the NASA General and establish a management hierarchy; set Counsel, be required to enter into an forth standards for work and activities in agreement with NASA to comply with space, and, as appropriate, on the ground; es- specified standards of conduct, includ- tablish responsibilities with respect to ele- ing those prescribed in the Code of Con- ments and equipment; set forth disciplinary duct for the International Space Sta- regulations; establish physical and informa- tion security guidelines; and define the ISS tion Crew (§ 1214.403). Any such agree- Commander’s authority and responsibility, ment will be signed on behalf of NASA on behalf of all the partners, to enforce safe- by the NASA General Counsel or des- ty procedures, physical and information se- ignee. curity procedures and crew rescue proce- (b) All NASA-provided personnel on dures for the ISS. This CCOC and the dis- board the International Space Station ciplinary policy referred to in Section IV shall not limit the application of Article 22 are additionally subject to the author- of the IGA. This CCOC succeeds the NASA- ity of the International Space Station RSA Interim Code of Conduct, which was de- Commander and shall comply with veloped pursuant to Article 11.2 of the MOU Commander’s orders and directions. between NASA and RSA to cover early as- sembly prior to other partners’ flight oppor- § 1214.403 Code of Conduct for the tunities. International Space Station Crew. This CCOC sets forth the standards of con- duct applicable to all ISS crewmembers dur- The Code of Conduct for the Inter- ing preflight, on-orbit, and post-flight activi- national Space Station Crew, which ties, (including launch and return phases). sets forth minimum standards for ISS crewmembers are subject to additional

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requirements, such as the ISS Flight Rules, ational directives, and management policies, the disciplinary policy, and requirements as applicable. These include those related to imposed by their Cooperating Agency or safety, health, well-being, security, and those relating to the Earth-to-Orbit Vehicle other operational or management matters (ETOV) transporting an ISS crewmember. governing all aspects of ISS elements, equip- Each ISS crewmember has a right to know ment, payloads and facilities, and non-ISS about such additional requirements. ISS facilities, to which they have access. All ap- crewmembers will also abide by the rules of plicable rules, regulations, directives, and the institution hosting the training, and by policies shall be made accessible to ISS standards and requirements defined by the crewmembers through appropriate means, Multilateral Crew Operations Panel (MCOP), coordinated by the MCOP. the Multilateral Space Medicine Board (MSMB) and the Multilateral Medical Oper- B. General Rules of Conduct ations Panel (MMOP). Each ISS crewmember will be informed by the Cooperating Agency ISS Crewmembers’ conduct shall be such providing him or her of the responsibilities as to maintain a harmonious and cohesive of ISS crewmembers under the IGA, the relationship among the ISS crewmembers MOU’s and this CCOC. Further, each ISS and an appropriate level of mutual con- crewmember will be educated by the Cooper- fidence and respect through an interactive, ating Agency providing him or her through participative, and relationship-oriented ap- the crew training curriculum and normal proach which duly takes into account the program operations as to ISS program rules, international and multicultural nature of operational directives and management poli- the crew and mission. cies. Completion of postflight activities shall No ISS crewmember shall, by his or her not affect an ISS crewmember’s continuing conduct, act in a manner which results in or obligations under Section V of this CCOC. creates the appearance of: (1) Giving undue preferential treatment to any person or enti- C. Definitions ty in the performance of ISS activities; and/ For the purposes of the CCOC: or (2) adversely affecting the confidence of (1) ‘‘Cooperating Agency’’ means NASA, the public in the integrity of, or reflecting CSA, ESA, Rosaviakosmos (formerly RSA) unfavorably in a public forum on, any ISS and, in the case of Japan, the Science and partner, partner state or Cooperating Agen- Technology Agency of Japan (STA) and, as cy. appropriate, the National Space Develop- ISS crewmembers shall protect and con- ment Agency of Japan (NASDA), assisting serve all property to which they have access agency to STA. for ISS activities. No such property shall be (2) ‘‘Crew Surgeon’’ means a Flight Sur- altered or removed for any purpose other geon assigned by the MMOP to any given ex- than those necessary for the performance of pedition. He or she is the lead medical officer ISS duties. Before altering or removing any and carries primary responsibility for the such property, ISS crewmembers shall first health and well-being of the entire ISS crew. obtain authorization from the Flight Direc- (3) ‘‘Disciplinary policy’’ means the policy tor, except as necessary to ensure the imme- developed by the MCOP to address violations diate safety of ISS crewmembers or ISS ele- of the CCOC and impose disciplinary meas- ments, equipment, or payloads. ures. (4) ‘‘ETOV’’ means Earth-to-Orbit Vehicle C. Use of Position travelling between Earth and the ISS. ISS crewmembers shall refrain from any (5) ‘‘Flight Director’’ means the Flight Di- use of the position of ISS crewmember that rector in control of the ISS. is motivated, or has the appearance of being (6) ‘‘Flight Rules’’ means the set of rules motivated, by private gain, including finan- used by the Cooperating Agencies to govern cial gain, for himself or herself or other per- flight operations. sons or entities. Performance of ISS duties (7) ‘‘ISS crewmembers’’ means any person shall not be considered to be motivated by approved for flight to the ISS, including both private gain. Furthermore, no ISS crew- ISS expedition crew and visiting crew, begin- member shall use the position of ISS crew- ning upon assignment to the crew for a spe- member in any way to coerce, or give the ap- cific and ending upon completion of the pearance of coercing, another person to pro- postflight activities related to the mission. vide any financial benefit to himself or her- II. GENERAL STANDARDS self or other persons or entities. A. Responsibilities of ISS Crewmembers D. Mementos and Personal Effects ISS Crewmembers shall comply with the Each ISS crewmember may carry and store CCOC. Accordingly, during preflight, on- mementos, including flags, patches, insignia, orbit, and postflight activities, they shall and similar small items of minor value, on- comply with the ISS Commander’s orders, board the ISS, for his or her private use, sub- all Flight and ISS program Rules, oper- ject to the following:

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(1) mementos are permitted as a courtesy, the crew’s representative to the ISS pro- not an entitlement; as such they shall be gram’s training, medical, operations, and considered as ballast as opposed to a payload utilization authorities. During postflight ac- or mission requirement and are subject to tivities, the ISS Commander coordinates as manifest limitations, on-orbit stowage allo- necessary with these authorities to ensure cations, and safety considerations; that the ISS crewmembers complete the re- (2) mementos may not be sold, transferred quired postflight activities. for sale, used or transferred for personal gain, or used or transferred for any commer- (2) During On-Orbit Operations cial or fundraising purpose. Mementos which, by their nature, lend themselves to (a) General exploitation by the recipients, or which, in The ISS Commander is responsible for and the opinion of the Cooperating Agency pro- will, to the extent of his or her authority and viding the ISS crewmember, engender ques- the ISS on-orbit capabilities, accomplish the tions as to good taste, will not be permitted. mission program implementation and ensure An ISS crewmember’s personal effects, the safety of the ISS crewmembers and the such as a wristwatch, will not be considered protection of the ISS elements, equipment, mementos. Personal effects of any nature or payloads. may be permitted, subject to constraints of mass/volume allowances for crew personal ef- (b) Main Responsibilities fects, approval of the ISS crewmember’s Co- The ISS Commander’s main responsibil- operating Agency, and approval of the trans- ities are to: (1) Conduct operations in or on porting Cooperating Agency and consider- the ISS as directed by the Flight Director ations of safety and good taste. and in accordance with the Flight Rules, If a Cooperating Agency carries and stores plans and procedures; (2) direct the activities items onboard the ISS in connection with of the ISS crewmembers as a single, inte- separate arrangements, these items will not grated team to ensure the successful comple- be considered mementos of the ISS crew- tion of the mission; (3) fully and accurately members. inform the Flight Director, in a timely man- III. AUTHORITY AND RESPONSIBILITIES OF THE ner, of the ISS vehicle configuration, status, ISS COMMANDER, CHAIN OF COMMAND AND commanding, and other operational activi- SUCCESSION ONORBIT; RELATIONSHIP BE- ties on-board (including off-nominal or emer- TWEEN GROUND AND ON-ORBIT MANAGE- gency situations); (4) enforce procedures for MENT the physical and information security of op- erations and utilization data; (5) maintain A. Authority and Responsibilities of the ISS order; (6) ensure crew safety, health and Commander well-being including crew rescue and return; The ISS Commander, as an ISS crew- and (7) take all reasonable action necessary member, is subject to the standards detailed for the protection of the ISS elements, elsewhere in this CCOC, in addition to the equipment, or payloads. command-specific provisions set forth below: (c) Scope of Authority The ISS Commander will seek to maintain a harmonious and cohesive relationship During all phases of on-orbit activity, the among the ISS crewmembers and an appro- ISS Commander, consistent with the author- priate level of mutual confidence and respect ity of the Flight Director, shall have the au- through an interactive, participative, and re- thority to use any reasonable and necessary lationship-oriented approach which duly means to fulfill his or her responsibilities. takes into account the international and This authority, which shall be exercised con- multicultural nature of the crew and mis- sistent with the provisions of Sections II and sion. IV, extends to: (1) the ISS elements, equip- For avoidance of doubt, nothing in this ment, and payloads; (2) the ISS crew- Section shall affect the ability of the MCOP members; (3) activities of any kind occurring to designate the national of any Partner in or on the ISS; and (4) data and personal ef- State as an ISS Commander. fects in or on the ISS where necessary to protect the safety and well-being of the ISS (1) During Preflight and Postflight Activities crewmembers and the ISS elements, equip- The ISS Commander is the leader of the ment, and payloads. Any matter outside the crew and is responsible for forming the indi- ISS Commander’s authority shall be within vidual ISS crewmembers into a single, inte- the purview of the Flight Director. grated team. During preflight activities, the Issues regarding the Commander’s use of ISS Commander, to the extent of his or her such authority shall be referred to the Flight authority, leads the ISS crewmembers Director as soon as practicable, who will through the training curriculum and mis- refer the matter to appropriate authorities sion-preparation activities and seeks to en- for further handling. Although other ISS sure that the ISS crewmembers are ade- crewmembers may have authority over and quately prepared for the mission, acting as responsibility for certain ISS elements,

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equipment, payloads, or tasks, the ISS Com- inter alia, affect flight assignments as an mander remains ultimately responsible, and ISS crewmember. The disciplinary policy solely accountable, to the Flight Director for does not limit a Cooperating Agency’s right the successful completion of the activities to apply relevant laws, regulations, policies, and the mission. and procedures to the ISS crewmembers it B. Chain of Command and Succession On-orbit provides, consistent with the IGA and the MOU’s. (1) The ISS Commander is the highest au- thority among the ISS crewmembers on- V. PHYSICAL AND INFORMATION SECURITY orbit. The MCOP will determine the order of GUIDELINES succession among the ISS crewmembers in advance of flight, and the Flight Rules set The use of all equipment and goods to forth the implementation of a change of which ISS crewmembers have access shall be command. limited to the performance of ISS duties. (2) Relationship of the ISS Commander to Marked or otherwise identified as export ETOV and Other Commanders controlled data and marked proprietary data The Flight Rules define the authority of obtained by an ISS crewmember in the the ETOV Commander, the Rescue Vehicle course of ISS activities shall only be used in Commander, and any other commanders, and the performance of his or her ISS duties. set forth the relationship between their re- With respect to data first generated on-board spective authorities and the authority of the the ISS, the ISS crewmembers will be ad- ISS Commander. vised by the appropriate Cooperating Agency C. Relationship Between the ISS Commander or by the data owner or provider through (On-Orbit Management) and the Flight Direc- that Cooperating Agency as to the propri- tor (Ground Management) etary or export-controlled nature of the data and will be directed to mark and protect The Flight Director is responsible for di- such data and to continue such protection recting the mission. A Flight Director will for as long as the requirements for such pro- be in charge of directing real-time ISS oper- tection remain in place. Additionally, ISS ations at all time. The ISS Commander, crewmembers shall act in a manner con- working under the direction of the Flight Di- rector and in accordance with the Flight sistent with the provisions of the IGA and Rules, is responsible for conducting on-orbit the MOU’s regarding protection of oper- operations in the manner best suited to the ations data, utilization data, and the intel- effective implementation of the mission. The lectual property of ISS users. They shall also ISS Commander, acting on his or her own comply with applicable ISS program rules, authority, is entitled to change the daily operational directives, and management routine of the ISS crewmembers where nec- policies designed to further such protections. essary to address contingencies, perform ur- Personal information about ISS crew- gent work associated with crew safety and members, including all medical information, the protection of the ISS elements, equip- private family conference, or other private ment or payloads, or conduct critical flight information, whether from verbal, written, operations. Otherwise, the ISS Commander or electronic sources, shall not be used or should implement the mission as directed by disclosed by other ISS crewmembers for any the Flight Director. Specific roles and re- purpose, without the consent of the affected sponsibilities of the ISS Commander and the ISS crewmember, except as required for the Flight Director are described in the Flight immediate safety of ISS crewmembers or the Rules. The Flight Rules outline decisions protection of ISS elements, equipment, or planned in advance of the mission and are payloads. In particular, all personal medical designed to minimize the amount of real- information, whether derived from medical time discussion required during mission op- erations. monitoring, investigations, or medical con- tingency events, shall be treated as private IV. DISCIPLINARY REGULATIONS medical information and shall be trans- mitted in a private and secure fashion in ac- ISS crewmembers will be subject to the disciplinary policy developed and revised as cordance with procedures to be set forth by necessary by the MCOP and approved by the the MMOP. Medical data which must be han- Multilateral Coordination Board (MCB). The dled in this fashion includes, for example, MCOP has developed an initial disciplinary biomedical telemetry, private medical com- policy which has been approved by the MCB. munications, and medical investigation The disciplinary policy is designed to main- data. Nothing in this paragraph shall be in- tain order among the ISS crewmembers dur- terpreted to limit an ISS crewmember’s ac- ing preflight, on-orbit and postflight activi- cess to all medical resources aboard the ISS, ties. The disciplinary policy is administra- to ground-based medical support services, or tive in nature and is intended to address vio- to his or her own medical data during pre- lations of the CCOC. Such violations may, flight, on-orbit, and postflight activities.

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VI. PROTECTION OF HUMAN RESEARCH duties meet the screening requirements SUBJECTS outlined in § 1214.504 of this part. No research on human subjects shall be conducted which could, with reasonable fore- § 1214.501 Applicability. sight, be expected to jeopardize the life, (a) This regulation applies to civil health, physical integrity, or safety of the service and contractor personnel at subject. NASA Headquarters and field installa- No research procedures shall be under- taken with any ISS crewmember as a human tions who work in activities that are subject without: (1) written approval by the vital to the safety and success of mis- Human Research Multilateral Review Board sion critical space systems. (HRMRB) and (2) the full written and in- (b) The provisions of this regulation formed consent of the human subject. Each apply to all civil service and con- such approval and consent shall be obtained tractor personnel assigned to mission prior to the initiation of such research, and critical positions/duties with the ex- shall fully comply with the requirements of ception of the personnel addressed in the HRMRB. The HRMRB is responsible for procedures for initiation of new experiments § 1214.501(c) of this part. This includes on-orbit when all consent requirements have command and decision making per- been met, but the signature of the human sonnel as well as technicians. subject cannot be obtained; explicit consent (c) This regulation does not include of the human subject will nonetheless be re- flight crew or payload specialists. They quired in all such cases. Subjects volun- are covered by NASA Management In- teering for human research protocols may at struction (NMI) 33304 (14 CFR part 1214, their own discretion, and without providing subpart 1214.11), ‘‘NASA Astronaut a rationale, withdraw their consent for par- ticipation at any time, without prejudice, Candidate Recruitment and Selection and without incurring disciplinary action. In Program.’’ addition, approval or consent for any re- (d) This regulation applies to Space search may be revoked at any time, includ- Station Freedom International Part- ing after the commencement of the research, ners in that the certification require- by: the HRMRB, the Crew Surgeon, the ments in § 1214.505(f) of this part apply Flight Director, or the ISS Commander, as to foreign personnel in mission critical appropriate, if the research would endanger the ISS Crew Member or otherwise threaten positions/duties. the mission success. A decision to revoke consent by the human subject or approval by § 1214.502 Definitions. the other entities listed above will be final. (a) Mission Critical Space Systems. The Space Shuttle and other critical space § 1214.404 Violations. systems, including Space Station Free- This subpart is a regulation within dom, designated Expendable Launch the meaning of 18 U.S.C. 799, and who- Vehicles (ELV’s), designated payloads, ever willfully violates, attempts to vio- Shuttle Carrier Aircraft and other des- late, or conspires to violate any provi- ignated resources that provide access sion of this subpart or any order or di- to space. The Director of each NASA rection issued under this subpart may Installation will designate areas asso- be cited for violating title 18 of the ciated with these systems that are mis- U.S. Code and could be fined or impris- sion critical space systems areas. oned not more than 1 year, or both. (b) Mission Critical Positions/Duties. Positions/duties which, if performed in Subpart 1214.5—Mission Critical a faulty, negligent, or malicious man- Space System Personnel Reli- ner, could jeopardize mission critical space systems and/or delay a mission. ability Program While this regulation establishes suit- ability screening requirements which, SOURCE: 55 FR 53289, Dec. 28, 1990, unless if met, will allow unescorted access to otherwise noted. mission critical space areas, compli- ance with the requirements does not § 1214.500 Scope. authorize unescorted access to classi- This subpart 1214.5 establishes a pro- fied areas by Personnel Reliability gram designed to ensure that personnel Program (PRP) personnel who do not assigned to mission critical positions/ have security clearances.

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(c) Medical Authority. A NASA civil or the ability to accomplish critical service or contract physician/psychia- objectives in space are considered to trist responsible for maintaining med- constitute valued national resources. ical records, providing results of med- (b) Measures to ensure this protec- ical evaluations, and interpreting eval- tion are: uations as they relate to reliable per- (1) Special physical security provi- formance of mission-critical duties. sions as provided in NMI 8610.22. 3 The medical authority will coordinate (2) Procedures to ensure that per- evaluations with the investigatory au- sonnel assigned to mission critical po- thority. sitions/duties meet screening require- (d) Investigatory Authority. A NASA ments, as set forth in § 1214.504 of this civil service or contract individual re- part prior to unescorted access to areas sponsible for reviewing court, law en- where mission critical space systems forcement (Civil, DOD, NASA, other are located. Federal), and other official records and NASA screening plans/procedures § 1214.504 Screening requirements. records to provide evaluations, rec- (a) Only those persons who are cer- ommendations, and guidance to NASA tified under the PRP will have organizations, supervisors, and PRP unescorted access to mission critical adjudicators on issuing, denying, or re- space systems areas, be assigned to, voking eligibility for mission critical employed in, or retained in mission positions/duties. critical positions/duties. While this (e) Certification. The determination regulation provides for unescorted ac- that an employee assigned to duties as cess to mission critical space systems described in § 1214.505 of this part, is areas, it does not preclude the need for qualified to perform those duties, and escorting of PRP personnel who do not that this employee has been found reli- have security clearances in classified able in accordance with the adjudica- areas. The certification will be based tion guidelines set forth in Attachment on an evaluation of screening data B of NMI 8610.13. 1 which is to be undertaken by a trained § 1214.503 Policy. evaluator using evaluation guidance and criteria contained in Federal Per- (a) The Space Shuttle and the Space sonnel Manual (FPM) chapter 731 and Station Freedom are included in the Attachment B (Adjudication Guide- NASA National Resource Protection lines) of NMI 8610.13. 4 The need for im- Program as delineated in NMI 8610.22, partial and consistent evaluation of ‘‘National Resource Protection Pro- data based on a set of standards is con- 2 gram.’’ The Space Shuttle and the sidered paramount to the successful Space Station Freedom provide a capa- implementation of this program. bility to support a wide range of sci- (b) Determination of suitability for entific applications and commercial, assignment to mission critical posi- defense, and international uses. Since tions/duties will be made on the basis they will contribute significantly to of the following criteria: ensuring a scientifically, techno- (1) Supervisory nomination (per re- logically, and economically strong and quirements of § 1214.505(c) of this part) secure nation, program reliability, and assurance of ability to perform operational and safety considerations mission critical duties as evidenced by require that stringent measures be performance during training and while taken to provide for the protection of on the job. the systems. In addition to the Space Shuttle and the Space Station Free- (2) Medical evaluation (for cause dom, designated ELV’s, designated only) by NASA designated medical/psy- payloads, Shuttle Carrier Aircraft and chiatric authority consistent with: other designated resources which pro- (i) The guidelines and requirements vide the same critical access to space of the NASA Occupational Health Divi- sion as required to ensure adequate 1 Copies may be obtained from NASA Head- quarters (Code NA–2), Washington, DC 20546. 3 See footnote 1 to § 1214.502(e). 2 See footnote 1 to § 1214.502(e). 4 See footnote 1 to § 1214.502(e).

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health for competent and reliable per- Adjudication Guidelines (Attachment formance; and B of NMI 8610.13) 5 provides a baseline (ii) Information developed by testing, for each installation to consider in for- review and other screening regarding mulating a certification approach. The an individual’s health, drug or alcohol screening/evaluation plans and proce- abuse, or other factors which may re- dures formulated at each installation flect adversely on his or her cog- will be approved by Headquarters (Of- nizance, judgement, and ability to act fice of Safety and Mission Quality reliably. Such information shall be (Code Q) and appropriate Program As- considered ‘‘cause’’ within the meaning sociate Administrators) before imple- of this subsection. mentation. (iii) All information obtained by (2) A management review process to medical or Employee Assistance Pro- validate the objectivity of individual gram evaluation is subject to federal suitability certification determina- and state statutes and regulations per- tions and to ensure that reassignments taining to the privacy and confiden- or other personnel actions taken pursu- tiality of patient/client information. ant to this regulation are fair and in (3) Evaluation by a NASA-designated consonance with applicable personnel investigatory authority including a re- policies and procedures. view of the results of any National (3) An adequate training program for Agency Check (including a name check certifying officials, supervisors, adju- of the Federal Bureau of Investigation dicators, and other installation per- (FBI) fingerprint records) completed sonnel approved by Headquarters Code within the past 5 years. When the Na- Q before implementation. tional Agency Check indicates that a (4) Each NASA installation will more extensive investigation has been maintain a roster of installation adju- completed, the results of that inves- dicators. Directors of the Installations tigation will also be reviewed. will approve appointment of adjudica- (4) Local agency checks as appro- tors. priate. (d) Supervisors will: (5) A review of the PRP candidate’s (1) Review for reliability and nomi- personnel employment records. nate personnel whose duties require (6) A review of the Inspector General certification under the PRP. case files. (2) Certify that the PRP candidate (c) Information acquired during the holds current licenses, skill training screening process will be protected in a certificates, and other documentation manner consistent with the provisions issued as required by applicable direc- of the Privacy Act and other pertinent tives. laws and regulations. (3) Brief PRP candidates and rebrief § 1214.505 Program implementation. PRP personnel on the needs and intent of the PRP. (a) The Director of each NASA In- stallation will designate mission crit- (4) Monitor and continually evaluate ical space systems areas. personnel for steady reliable perform- (b) NASA installations will identify ance and notify the certifying official positions/duties subject to this regula- if changes occur which may com- tion and will identify all civil service promise the safety and reliability of and contractor personnel assigned to mission critical space systems. these positions/duties. The number of (e) NASA Headquarters Office of persons so identified must be the abso- Safety and Mission Quality (Code Q) lute minimum necessary to meet oper- will act as the Office of Primary Re- ational requirements. sponsibility (OPR) for PRP policy and (c) Each NASA installation to which oversight (periodic review). The certifi- this regulation is applicable will estab- cation of Headquarters personnel will lish: be carried out by the Office of Head- (1) A suitability certification system quarters Operations (Code D) in accord- including a designated certifying offi- ance with § 1214.505 of this part. cial to ensure that the screening re- quirements of this regulation are met. 5 See footnote 1 to § 1214.502(e).

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(f) Foreign representatives requiring disposing of mementos carried on access to mission critical space sys- Space Shuttle flights. tems or having the need to assume mis- sion critical positions/duties (as de- § 1214.601 Definitions. fined in § 1214.502 of this part) pursuant (a) Mementos. Flags, patches, insig- to international agreements also re- nia, medallions, minor graphics, and quire certification under this program. similar items of little commercial NASA will accept certifications from value, especially suited for display by foreign agencies following review under the individuals or groups to whom they the NASA Headquarters process have been presented. (§ 1214.505(e) of this part), if a written (b) Official Flight Kit (OFK). A con- agreement has been reached with the tainer, approximately 0.057 cubic me- foreign sponsoring agency whereby ters (2 cubic feet) in size, reserved for NASA recognizes the foreign agency’s carrying official mementos of NASA process as equivalent to its own. Such and other organizations aboard Space agreements will be negotiated by the Shuttle flights. No personal items will International Relations Division (Code be carried in the OFK. XI) with the concurrence of the NASA (c) Personal Preference Kit (PPK). A Headquarters Office of Safety and Mis- container, approximately 12.82 centi- × × sion Quality (Code Q) and the Program meters 20.51 centimeters 5.13 centi- ′′× ′′× ′′ Office responsible for the program to meters (5 8 2 ) in size, separately as- which such access is sought. The intent signed to each individual accom- of the certification process is that for- panying a Space Shuttle flight for car- rying personal mementos during the eign personnel are screened as thor- flight. oughly as are U.S. citizens who have access to mission critical space sys- § 1214.602 Policy. tems areas or who have the need to as- sume mission critical duties. (a) Premise. Mementos are welcome aboard Space Shuttle flights. However, (g) NASA will accept certifications they are flown as a courtesy—not as an from other Federal agenices, depart- entitlement. The Associate Adminis- ments, and offices following review trator for Space Flight is free to make under the NASA Headquarters process exceptions to this accommodation (Section 1214.505(e) of this part), if a without explanation. Moreover, me- written agreement has been reached mentos are ballast not payload. They whereby NASA recognizes that process can be reduced or eliminated (by the as equivalent to its own. Such agree- Deputy Director, Space Shuttle Pro- ments will be negotiated by the NASA gram, Johnson Space Center) for Headquarters Office of Safety and Mis- weight, volume, or other technical rea- sion Quality (Code Q) and the Program sons without reference to higher au- Office responsible for the program to thority. which such access is sought. A security (b) Constraints. Mementos to be car- clearance to access classified material ried on Space Shuttle flights must be is not sufficient to meet the certifi- approved by the Associate Adminis- cation requirements of this regulation. trator for Space Flight and are stowed only in an OFK or a PPK. Mementos Subpart 1214.6—Mementos will not be carried within payload con- Aboard Space Shuttle Flights tainers, including Get-Away Specials, or in any other container or locker aboard the Space Shuttle, other than AUTHORITY: Pub. L. 85–568, 72 Stat. 426 (42 U.S.C. 2473(c)). within the designated OFK or PPK. (c) Economic Gain. Items carried in an SOURCE: 56 FR 31074, July 9, 1991, unless OFK or a PPK will not be sold, trans- otherwise noted. ferred for sale, used or transferred for personal gain, or used or transferred § 1214.600 Scope. for any commercial or fund-raising This subpart establishes policy, pro- purpose. Items such as philatelic mate- cedures, and responsibilities for select- rials and coins that, by their nature, ing, approving, packing, storing, and lend themselves to exploitation by the

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recipients, or create problems with re- lated businesses) may send requests di- spect to good taste; or that are large, rectly to the Associate Director, Code bulky, or heavy items (in the context AC, Johnson Space Center, Houston, of the OFK’s size, as indicated in TX 77058. In the event OFK requests, on § 1214.601(b) of this part) will not be ap- a particular flight, exceed OFK capa- proved for flight. bility, priority consideration may be given to those entities having payloads § 1214.603 Official Flight Kit (OFK). on that flight. The listing of the pro- (a) Purpose. The OFK on a particular posed OFK contents for each flight is flight enables NASA, developers of prepared at the Johnson Space Center NASA sponsored payloads, NASA’s ex- and forwarded to the Associate Admin- ternal payload customers, other Fed- istrator for Space Flight approxi- eral agencies, researchers, aerospace mately 30 days prior to launch for ap- contractors, and counterpart institu- proval. tions of friendly foreign countries to utilize mementos as awards and com- § 1214.604 Personal Preference Kit mendations or preserve them in muse- (PPK). ums or archives. The courtesy is also extended to other organizations out- (a) Purpose. The PPK enables persons side the aerospace community, such as accompanying Space Shuttle flights to state and local governments, the aca- carry personal items for use as memen- demic community, and independent tos. Only those individuals actually ac- business entities. In the latter case, it companying such flights (astronaut is customary to fly only one item for crew members, payload specialists, and the requesting organization to be used space flight participants) may request for display purposes. authorization to carry personal items (b) Limitations. In addition to as mementos. These items must be car- § 1214.602(c) of this part, U.S. national ried in individually assigned PPK’s. flags will not be flown as mementos ex- (b) Limitations. The contents of a PPK cept by U.S. Government sponsors. must be limited to 20 separate items, (c) Approval of Contents. At least 60 with a total weight of 0.682 kilograms days prior to the launch of a Space (1.5 pounds). Each item is allocated for Shuttle flight, an authorized represent- a different recipient and distributed ac- ative of each organization desiring me- cordingly. The volume of a PPK must mentos to be carried on the flight in be contained in a 12.82 centimeters × the OFK must submit a letter or re- 20.51 centimeters × 5.13 centimeters quest describing the item(s) to be flown (5′′×8′′×2′′) bag provided by NASA. In- and the intended purpose or distribu- creases in these limitations will be au- tion. Letters should be directed to the thorized only by the Associate Admin- cognizant NASA office as follows: istrator for Space Flight. (1) Space Shuttle customers/users of (c) Approval of Contents. At least 60 any nature, to the Director of Trans- days before the scheduled launch of a portation Services, Code MC, NASA Space Shuttle flight, each person as- Headquarters, Washington, DC 20546. (2) Foreign organizations/individuals, signed to the flight who desires to and Department of Defense organiza- carry items in a PPK must submit a tions/individuals (both other than as a proposed list of items and their recipi- Space Shuttle customer) and other ents to the Associate Director, John- Federal agencies to the Associate Ad- son Space Center. The Associate Direc- ministrator of External Relations, tor will review the requests for compli- Code X, NASA Headquarters, Wash- ance with this subpart and submit the ington, DC 20546. Upon receipt of all re- crew members’ PPK lists through su- quests, the cognizant offices will re- pervisory channels to the Associate view and forward data to the Associate Administrator for Space Flight for ap- Director, Code AC, Johnson Space Cen- proval. A signed copy of the Associate ter, Houston, TX 77058. Administrator for Space Flight’s ap- (3) All others (aerospace companies, proval will be returned to the Director, state and local governments, the aca- Johnson Space Center, for appropriate demic community, and non-space-re- distribution.

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§ 1214.605 Preflight packing and stor- § 1214.608 Safety requirements. ing. The contents of OFK’s and PPK’s (a) Items intended for inclusion in must meet the requirements set forth OFK’s or PPK’s must arrive at the in NASA Handbook 1700.7, ‘‘Safety Pol- Johnson Space Center, Code AC, at icy and Requirements for Payloads least 45 days prior to the flight on Using the Space Transportation Sys- which they are scheduled in order for tem (STS).’’ them to be listed on the cargo mani- fest, packaged, weighed, and stowed § 1214.609 Loss or theft. aboard the Orbiter. Items must arrive (a) Responsibility. The National Aero- at the Johnson Space Center prior to nautics and Space Administration will the 45-day limit even if the Associate not be responsible for the loss or theft Administrator for Space Flight’s ap- of, or damage to, items carried in proval is still pending. Items not ap- OFK’s or PPK’s. proved by the Associate Administrator (b) Report of Loss or Theft. Any person for Space Flight will be returned to the who learns that an item contained in requesting individual/organization. an OFK or a PPK is missing shall im- (b) The Associate Director, Johnson mediately report the loss to the John- Space Center, is responsible for the fol- son Space Center Security Office and lowing: the NASA Inspector General. (1) Securing the items while awaiting the launch on which they are mani- § 1214.610 Violations. fested. Any item carried in violation of the (2) Packaging, weighing, and stowing requirements of this subpart shall be- the items according to the manifests come the property of the U.S. Govern- approved by the Associate Adminis- ment, subject to applicable Federal trator for Space Flight. laws and regulations, and the violator § 1214.606 Postflight disposition. may be subject to disciplinary action, including being permanently prohib- The Associate Director, Johnson ited from use of, or, if an individual, Space Center, will: from flying aboard the Space Shuttle (a) Receive and inventory all items or any other manned spacecraft of the flown in the OFK and PPK’s following National Aeronautics and Space Ad- each Shuttle flight. ministration. (b) Return the contents of the PPK’s to the persons who submitted them. (c) Return all other flown items to Subpart 1214.7—The Authority of the submitting organizations with an the Space Shuttle Commander appropriate letter of certification. (d) Retain and secure mementos AUTHORITY: Pub. L. 85–588, 72 Stat. 426 (42 flown by the Agency for future use. U.S.C. 2473, 2455; 18 U.S.C. 799); Art. VIII, TIAS 6347 (18 U.S.T. 2410). § 1214.607 Media and public inquiries. SOURCE: 45 FR 14845, Mar. 7, 1980, unless (a) Official Flight Kit. Information on otherwise noted. the contents of OFK’s will be routinely released to the media and to the public § 1214.700 Scope. upon their request, but only after the This subpart establishes the author- contents have been approved by the As- ity of the Space Shuttle commander to sociate Administrator for Space Flight. enforce order and discipline during all (b) Personal Preference Kit. Informa- flight phases of a Shuttle flight to take tion on the contents of PPK’s will be whatever action in his/her judgment is routinely released to the media and to necessary for the protection, safety, the public upon their request imme- and well-being of all personnel and on- diately following postflight inventory. board equipment, including the Space (c) Responsibility for Release of Infor- Shuttle elements and payloads. During mation. The Director of Public Affairs, the final launch countdown, following Johnson Space Center, is responsible crew ingress, the Space Shuttle com- for the prompt release of information mander has the authority to enforce on OFK and PPK contents. order and discipline among all on-

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board personnel. During emergency sit- (3) Provide for the protection of the uations prior to liftoff the Space Shut- Space Shuttle elements and any pay- tle commander has the authority to load carried or serviced by the Space take whatever action in his/her judg- Shuttle. ment is necessary for the protection or The commander shall have authority security, safety, and well-being of all throughout the flight to use any rea- personnel on board. sonable and necessary means, including [56 FR 27899, June 18, 1991] the use of physical force, to achieve this end. § 1214.701 Definitions. (b) The authority of the commander extends to any and all personnel on (a) Space Shuttle Elements consists of board the Orbiter including Federal of- the Orbiter, an External Tank, two ficers and employees and all other per- Solid Rocket Boosters, Spacelab, Upper sons whether or not they are U.S. na- Stage Boosters (Solid Spinning Upper tionals. Stage and Interim Upper Stages) and (c) The authority of the commander others as specified in NASA Manage- extends to all Space Shuttle elements, ment Instruction 8040.9. payloads, and activities originating (b) The flight crew consists of the with or defined to be a part of the commander, pilot, and mission spe- Space Shuttle mission. cialist(s). (d) The commander may, when he/she (c) A flight is the period from launch deems such action to be necessary for to landing of a Space Shuttle—a single the safety of the Space Shuttle ele- round trip. (In the case of a forced ments and personnel on board, subject landing the Space Shuttle com- any of the personnel on board to such mander’s authority continues until a restraint as the circumstances require competent authority takes over the re- until such time as delivery of such in- sponsibility for the Orbiter and for the dividual or individuals to the proper persons and property aboard.) authorities is possible. (d) The flight-phases consist of launch, in orbit, deorbit, entry, land- [45 FR 14845, Mar. 7, 1980, as amended at 56 ing, and postlanding. FR 27900, June 18, 1991] (e) A payload is a specific com- § 1214.703 Chain of command. plement of instruments, space equip- ment, and support hardware/software (a) The Commander is a career NASA carried into space to accomplish a sci- astronaut who has been designated to entific mission or discrete activity. serve as commander on a particular flight, and who shall have the author- (f) Personnel on board refers to those ity described in § 1214.702 of this part. astronauts or other persons actually in Under normal flight conditions (other the Orbiter or Spacelab during any than emergencies or when otherwise flight phase of a Space Shuttle flight designated) the Space Shuttle com- (including any persons who may have mander is responsible to the Flight Di- transferred from another vehicle) and rector, Johnson Space Center, Houston, including any persons performing TX. extravehicular activity associated with (b) The pilot is a career NASA astro- the mission. naut who has been designated to serve [45 FR 14845, Mar. 7, 1980, as amended at 56 as the pilot on a particular flight and FR 27899, June 18, 1991] is second in command of the flight. If the commander is unable to carry out § 1214.702 Authority and responsibility the requirements of this subpart, then of the Space Shuttle commander. the pilot shall succeed to the duties (a) During all flight phases of a Space and authority of the commander. Shuttle flight, the Space Shuttle com- (c) Before each flight, the other mander shall have the absolute author- flight crew members (Mission Special- ity to take whatever action is in his/ ists) will be designated by the Director her discretion necessary to: of Flight Operations, Johnson Space (1) Enhance order and discipline, Center, Houston, TX, in the order in (2) Provide for the safety and well which they will assume the authority being of all personnel on board, and of the commander under this subpart

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in the event that the commander and (c) Dedicated-FMDM/MPESS (flexible pilot are both not able to carry out multiplexer-demultiplexer/multipur- their duties. pose experiment support structure) (d) The determinations, if any, that a flight [Ref. § 1214.804(f)]. crew member in the chain of command (d) Complete-pallet flight [Ref. is not able to carry out his or her com- § 1214.804(g)]. mand duties and is, therefore, to be re- (e) Shared-element flight [Ref. lieved of command, and that another § 1214.804(h)]. crew member in the chain of command is to succeed to the authority of the § 1214.801 Definitions. commander, will be made by the Direc- (a) Shuttle policy. The appropriate tor of the Johnson Space Center. subpart (1214.1 or 1214.2) governing use of the Shuttle. Determinaltion of the [45 FR 14845, Mar. 7, 1980, as amended at 47 FR 3095, Jan. 22, 1982; 56 FR 27900, June 18, appropriate subpart for each customer 1991] shall be made by reference to §§ 1214.101 and 1214.201. § 1214.704 Violations. (b) Spacelab elements. Pallets (3-meter segments), pressurized modules (long (a) All personnel on board a Space or short), and the FMDM/MPESS (1- Shuttle flight are subject to the au- meter cross-bay structure), all as thority of the commander and shall maintained in the NASA-approved conform to his/her orders and direction Space lab configuration. as authorized by this subpart. (c) Standard flight price. The price for (b) This regulation is a regulation standard Shuttle and standard Space- within the meaning of 18 U.S.C. 799, lab services provided. If a customer and whoever willfully violates, at- elects not to use a portion of the stand- tempts to violate, or conspires to vio- ard services, the standard flight price late any provision of this subpart or shall not be affected. any order or direction issued under this (d) Shuttle load factor. The parameter subpart shall be fined not more than used to compute the customer’s pro $5,000 or imprisoned not more than 1 rata share of Shuttle services and used year, or both. to compute the Shuttle charge factor. [45 FR 14845, Mar. 7, 1980, as amended at 56 Means of computing this parameter are FR 27900, June 18, 1991] defined in § 1214.813. (e) Spacelab load fraction. The param- Subpart 1214.8—Reimbursement eter used to compute the customer’s for Spacelab Services pro rata share of each element’s serv- ices and used to compute the element charge factor. Means of computing this SOURCE: 50 FR 30809, July 30, 1985, unless parameter are defined in § 1214.813. otherwise noted. (f) Shuttle charge factor and element charge factor. Parameters used in com- § 1214.800 Scope. putation of the customer’s flight price. This subpart 1214.8 establishes the Means of computing these parameters special reimbursement policy for are defined in § 1214.813. Spacelab services provided to Space (g) Dedicated flight price for Spacelab Transportation System (STS) cus- missions. (1) The single-shift operation tomers governed by the provisions of dedicated flight price for Spacelab mis- subpart 1214.1 or subpart 1214.2. It ap- sions is identical to the Shuttle dedi- plies to flights occurring in the second cated flight price as defined in the phase of STS operations (U.S. Govern- Shuttle policy. ment fiscal years 1986, 1987, and 1988). (2) The two-shift operation dedicated The following five types of Spacelab flight price for Spacelab missions is flights are available to accommodate the sum of: payload requirements: (i) The Shuttle dedicated flight price (a) Dedicated-Shuttle Spacelab flight as defined in the Shuttle policy. [Ref. § 1214.804(e)]. (ii) The standard price for additional (b) Dedicated-pallet flight [Ref. services required to support a second § 1214.804(f)]. shift of on-orbit operations.

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§ 1214.802 Relationship to Shuttle pol- § 1214.804 Services, pricing basis, and icy. other considerations. Except as specifically noted, the pro- (a) Mandatory use of dedicated-Shuttle visions of the Shuttle policy also apply Spacelab flight. (1) Customers shall be to Spacelab payloads. Although some required to fly under the provisions of language in the Shuttle policy is Shut- paragraph (e) of this section if the cus- tle-specific, it is the intent of this sub- tomer requires exclusive use of any of part 1214.8 that the Shuttle policy be the following: applied to Spacelab also, including the (i) Pressurized module (long or policy on patent and data rights. How- short). ever, in the event of any inconsist- (ii) Three pallets in the ‘‘1+1+1’’ con- encies in the policies, the Spacelab pol- figuration. icy will govern with respect to Space- (iii) Four pallets in the ‘‘2+2’’ con- lab services. figuration. (2) In the cases cited in paragraph § 1214.803 Reimbursement policy. (a)(1) of this section, if the customer (a) Reimbursement basis. (1) This pol- requests, NASA will attempt to find icy is established for the second phase compatible sharees to fly with the cus- of STS operations (U.S. Government tomer’s payload. If NASA is successful, fiscal years 1986, 1987, and 1988). the customer’s Shuttle standard flight (2) Standard flight price. During this price shall be the greater of: phase, customers covered by subpart (i) The appropriate dedicated flight 1214.1 or subpart 1214.2 shall reimburse price for the customer’s Spacelab mis- NASA for standard Spacelab services sion less adjusted reimbursements (as an amount which is a pro rata share of: defined in the Shuttle policy) from (i) The appropriate dedicated flight sharees actually flown. price for the customer’s Spacelab mis- (ii) The computed shared-flight sion. Spacelab flight price for the customer’s (ii) The standard price for use of the payload. selected Spacelab elements during the (b) Apportionment and assignment of second phase of STS operations. services. Subject to NASA approval, a (3) The price shall be held constant customer contracting for a Spacelab for flights during this phase of STS op- flight shall be permitted to apportion erations. and assign services under the provi- (4) Reimbursement policies for subse- sions of the Shuttle policy. quent phases of STS operations will be (c) Postponement and termination. (1) A developed after NASA has obtained customer may postpone the flight of a more operational experience. Spacelab payload one time with no ad- (b) Escalation. Payments shall be es- ditional charge if postponement occurs calated in accordance with the Shuttle more than 18 months before the sched- policy. uled launch date. (c) Customers shall reimburse NASA (2) Postponement or termination fees an amount which is the sum of the cus- for Spacelab payloads shall consist of tomer’s standard flight price and the the sum of: price for all optional services provided. (i) A fee for Shuttle transporation. (d) Earnest money. For those cus- (ii) A fee for use of the Spacelab ele- tomers required to pay earnest money ments. by the Shuttle policy, the total earnest (3) Shuttle transportation fee. Cus- money payment per payload for Space- tomers shall be governed by the provi- lab payloads (including Shuttle serv- sions of the Shuttle policy with the fol- ices) shall be the lesser of $150,000 or lowing exception. When computing oc- 10% of the customer’s estimated stand- cupancy fees for shared-element pay- ard flight price. Earnest money will be loads, the ‘‘adjusted reimbursements applied to the first payment for stand- from other customers’’ shall be defined ard services made for each payload by as the adjusted reimbursements from the customer or will be retained by those customers who subsequently con- NASA if a Launch Services Agreement tract for the use of the element being is not signed. shared.

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(4) Spacelab use fee. The postpone- (i) Use of the full standard services of ment and termination fees for use of the Shuttle and the Spacelab elements the Spacelab elements are computed as selected. a percentage of the customer’s price for (ii) One day of one-shift on-orbit op- use of the Spacelab elements and shall erations. be based on the table below. When post- (iii) Standard mission destinations as ponement or termination occurs less defined in the Shuttle policy. than 18 months before launch, the fees (iv) Launch within a prenegotiated shall be computed by linear interpola- 90-day period in accordance with the tion using the points provided. dedicated flight scheduling provisions of the Shuttle policy. Fee for use of Spacelab ele- (v) The available payload operations ment(s), percent Time when postponement or termination of price for use time of two NASA-furnished mission occurs, months before scheduled launch of element(s) specialists. date (3) Customers contracting for a dedi- Post- Termi- pone- nation cated-Shuttle Spacelab flight shall re- ment imburse NASA an amount which is the Dedicated Flights, Dedicated Elements, and Dedicated sum of: FMDM/MPESS (i) The one-shift operation dedicated flight price for a 1-day Spacelab mis- 0 ...... 75 100 3 ...... 60 85 sion. 12 ...... 14 20 (ii) The price for the use of all Space- 18 ...... 5 10 lab elements used (including all nec- More than 18 ...... 5 10 essary mission-independent Spacelab Complete Pallets and Shared Elements equipment). (iii) The price for all optional serv- Less than 8 ...... 95 100 ices provided. 8 ...... 95 100 (f) Dedicated 3-meter pallets and dedi- 9 ...... 32 95 12 ...... 18 80 cated FMDM/MPESS. (1) A dedicated 18 ...... 5 10 pallet (or a dedicated FMDM/MPESS) More than 18 ...... 5 10 is one which is sold to a single cus- tomer and which includes all Spacelab (5) At the time of signing of the hardware necessary to permit it to be Launch Services Agreement, NASA flown on any shared Shuttle flight as shall define a payload removal cutoff an autonomous payload (e.g., a dedi- date (relative to the launch date) for cated 3-meter pallets may either be each Spacelab payload to be flown on a supplied with its own exclusive igloo or shared flight. A customer may still may fly without an igloo if it requires postpone or terminate a flight after the only standard Shuttle services). payload’s cutoff date; however, NASA (2) In addition to a pro rata share of shall not be required to remove the the standard service listed in para- payload before flight. graph (i) of this section, the following (d) Minor delays. The minor delay standard services are provided to cus- provisions of the Shuttle policy shall tomers of dedicated pallets (or dedi- apply only to those Spacelab payloads cated FMDM/MPESS) and form the whose Shuttle load factor is equal to or basis for establishing the standard greater than 0.05. flight price: (e) Dedicated-Shuttle Spacelab flight. (i) A pro rata share of the Shuttle (1) A dedicated-Shuttle Spacelab flight services normally provided, where the is a Shuttle flight sold to a single cus- basis for proration is the customer’s tomer who is entitled to select the Shuttle load factor as defined in Spacelab elements used on the flight. § 1214.813(d)(1) for dedicated pallets and (2) In addition to the standard serv- in § 1214.813(e)(2) for dedicated FMDM/ ices listed in paragraph (i) of this sec- MPESS. tion, the following standard services (ii) The exclusive services of the pal- are provided to customers of dedicated- let (or FMDM/MPESS) and all Spacelab Shuttle Spacelab flights and form the hardware provided to support the pal- basis for the standard flight price: let (or FMDM/MPESS).

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(iii) One day of one-shift on-orbit op- (vi) A pro rata share of the on-orbit erations. payload operations time of two NASA- (iv) Launch to the standard mission furnished mission specialists, where destination of 160 nmi, 28.5° as defined the basis of proration shall be the cus- in the Shuttle policy. tomer’s Shuttle load factor. (v) Launch within a prenegotiated 90- (vii) Use of the entire volume above a day period in accordance with the pallet. shared-flight scheduling provisions of (3) Users contracting for complete the Shuttle policy. pallet flights shall reimburse NASA an (vi) A pro rata share of the on-orbit amount which is the sum of: payload operations time of two NASA- (i) The product of the customer’s furnished mission specialists, where Shuttle charge factor and the two- the basis of proration shall be the cus- shift-operation dedicated flight price of tomer’s Shuttle load factor. a 7-day Spacelab mission. The dedi- (3) Customers contracting for a dedi- cated flight price for a 7-day complete- cated pallet (or FMDM/MPESS) flight pallet mission is the sum of the dedi- shall reimburse NASA an amount cated flight price for a 1-day two-shift which is the sum of: mission and the charge for 6 extra days (i) The product of the customer’s of two-shift on-obit operation. Shuttle charge factor and the one- (ii) The price for the use of a com- shift-operation dedicated flight price of plete pallet, including all necessary a 1-day Spacelab mission. mission-independent Spacelab equip- (ii) The price for the use of the pallet ment. (or FMDM/MPESS) selected (including (iii) The price for all optional serv- all necessary mission-independent ices provided. Spacelab equipment). (h) Shared element. (1) A shared ele- (iii) The price for all optional serv- ment is a Spacelab pallet or module ices provided. which: (g) Complete pallet. (1) A complete Spacelab pallet is one which is sold to (i) Is shared by two or more cus- a single customer but flies with other tomers on a NASA-designated Spacelab Spacelab elements on a NASA or flight. NASA-designated Spacelab flight and (ii) Shares common standard Space- shares the common standard Spacelab lab services with other Spacelab ele- services, e.g., shares an igloo with ments on the same flight. other pallets. (2) In aditional to a pro rata share of (2) In addition to a pro rata share of the standard services listed in para- the standard services listed in para- graph (i) of this section, the following graph (i) of this section, the following standard services are provided to cus- standard services are provided to cus- tomers of shared elements and form tomers of complete pallets and form the basis for the standard flight price: the basis for the standard flight price. (i) For shared pallets, a pro rata (i) The pallet’s pro rata share of share of the standard services provided standard Shuttle services, where the by a pallet. The basis of proration shall basis of proration shall be the cus- be the customer’s Spacelab load frac- tomer’s Shuttle load factor as defined tion as defined in § 1214.813(g)(1)(i). in § 1214.813(f)(1). (ii) For shared modules, a pro rata (ii) A pro rata share of 7 days of two- share of the standard services provided shift on-orbit operations, where the by a long module flown on a dedicated- basis of proration shall be the cus- Shuttle Spacelab flight. The basis of tomer’s Shuttle load factor. proration shall be the customer’s (iii) Mission destination selected by Spacelab load fraction as defined in NASA in consultation with the cus- § 1214.813(g)(1)(ii). The type of pressur- tomer. ized module actually used to meet a (iv) Assignment, with the customer’s customer’s requirement for a shared concurrence, to a Spacelab flight des- module shall be determined by NASA ignated by NASA. subsequent to contract negotiations. (v) Launch date established by (iii) A pro rata share of the element’s NASA. share of standard Shuttle services,

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where the basis for proration shall be NASA-furnished Spacelab hardware; the customer’s Spacelab load fraction. Level I only for customer-furnished (iv) A pro rata share of 7 days of two- Spacelab hardware). shift on-orbit operations, where the (7) Shuttle 1 and Spacelab flight plan- basis of proration shall be the cus- ning. tomer’s Shuttle load factor as defined (8) Payload electrical power. in § 1214.813(g)(1). (9) Payload environmental control. (v) Mission destination selected by (10) On-board data acquisition and NASA in consultation with the cus- processing services. tomer. (11) Transmission of data to a NASA- (vi) Assignment, with the customer’s designed monitoring and control facil- concurrence, to a Spacelab flight des- ity via the basic STS Operational In- ignated by NASA. strumentation (OI) telemetry system. (vii) Launch date established by (12) Use of NASA-furnished standard NASA. payload monitoring and control facili- (viii) A pro rata share of the on-orbit ties. operations time of two NASA-furnished (13) Voice communications between mission specialists, where the basis of personnel operating the customer’s proration shall be the customer’s Shut- payload and a NASA-designated pay- tle load factor. load monitoring and control facility. (3) Customers contracting for shared- (14) NASA payload safety review. 1 element flight shall reimburse NASA (15) NASA support of payload design an amount which is the sum of: reviews. 1 (i) The product of the customer’s (j) Typical optional Spacelab services. Shuttle charge factor and the two-shift The following are typical optional operation dedicated flight price of a 7- Spacelab services: day Spacelab mission. The dedicated (1) Use of special payload support flight price for a 7-day shared-element equipment, e.g., instrument pointing mission is the sum of the dedicated system. flight price for a 1-day two-shift-mis- (2) Vandenberg Air Force Base sion and the charge for 6 extra days of (VAFB) launch. two-shift on-orbit operations. (3) Nonstandard mission destination. (ii) The product of the customer’s (4) Additional time on orbit. element charge factor and the price for (5) Mission-independent training, use the use of the Spacelab element being of, and accommodations for all flight used, including all necessary mission- personnel in excess of five. independent Spacelab equipment. (6) Mission-dependent training of all (iii) The price for all optional serv- NASA-furnished personnel and ices provided. backups. (i) Common standard Spacelab services. (7) Analytical and/or hands-on inte- The following standard Spacelab serv- gration (and de-integration) of the cus- ices are common to all Spacelab tomer’s payload into racks and/or onto flights: pallets. (1) Use of Shuttle 1 and Spacelab (8) Unique integration or testing re- hardware. quirements. (2) Spacelab interface analysis. (9) Additional resources beyond the (3) Kennedy Space Center (KSC) customer’s pro rata share. launch. 1 (10) Additional experiment time or (4) A five-person NASA flight crew crew time beyond the customer’s pro consisting of commander, two pilots, rata share. and two mission specialists. (11) Special access to and/or oper- (5) Accommodations for a five-person ation of payloads. flight crew. (12) Customer unique requirements (6) Prelaunch integration and inter- for; software development for the Com- face verification of preassembled racks mand and Data Management Sub- and pallets (Levels III, II, and I for system (CDMS) onboard computer, con- figuration of the Payload Operations 1 Typical standard Shuttle services re- Control Center (POCC), and/or CDMS peated for clarity. utilized during KSC ground processing.

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(13) Extravehicular Activity (EVA) § 1214.808 Standby payloads. services. The standby payload provisions of (14) Payload flight planning services. the Shuttle policy do not apply to (15) Transmission of Spacelab data Spacelab flights. contained in the STS OI telemetry link to a location other than a NASA-des- § 1214.809 Short-term call-up and ac- ignated monitoring and control facil- celerated launch. ity. The short-term call-up and acceler- (16) Transmission of Spacelab data ated launch provisions of the Shuttle not contained in the STS OI telemetry policy normally are not offered to link. Spacelab customers. NASA will nego- (17) Level III and/or Level II integra- tiate any such customer requirements tion of customer-furnished Spacelab on an individual basis. hardware. (k) Options. The provisions of § 1214.810 Integration of payloads. §§ 1214.102(e) and 1214.202(e) do not apply (a) The customer shall bear the cost to Spacelab payloads. of performing the following typical Spacelab-payload mission management § 1214.805 Unforeseen customer delay. functions: Should an unforeseen customer pay- (1) Analytical design of the mission. load problem pose a threat of delay to (2) Generation of mission require- the Shuttle launch schedule or critical ments and their documentation in the off-line activities, NASA shall, if re- Payload Integration Plan (PIP). quested by the customer, make all rea- (3) Provision of mission unique train- sonable efforts to prevent a delay, con- ing and payload specialists (if appro- tingent on the availability of facilities, priate). equipment, and personnel. In request- (4) Physical integration of experi- ments into racks and/or onto pallets. ing NASA to make such special efforts, (5) Provision of payload unique soft- the customer shall agree to reimburse ware for use during ground processing, NASA the estimated additional cost in- on orbit, or in POCC operations. curred. (6) Supporting operations. § 1214.806 Premature termination of (7) Assuring the mission is safe. Spacelab flights. (b) All physical integration (and de- integration) of payloads into racks and/ If a dedicated-Shuttle Spacelab or onto pallets will normally be per- flight, a dedicated-pallet flight, or formed at KSC by NASA. When the dedicated-FMDM/MPESS flight is pre- customer provides Spacelab elements, maturely terminated, NASA shall re- these physical integration activities fund the optional services charges for may be done by the customer at a loca- planned, but unused, extra days on tion chosen by the customer. orbit. If a complete-pallet or shared- (c) With the exception of the restric- element flight is prematurely termi- tions noted in paragraph (b) of this sec- nated, NASA shall refund a pro rata tion, customers contracting for dedi- share of the charges for planned, but cated-Shuttle and dedicated-pallet unused, extra days on orbit to cus- flights may perform the Spacelab-pay- tomers whose payload operations are, load mission management functions in NASA’s judgment, adversely af- defined in paragraph (a) of this section. fected by such premature termination. NASA will assist customers in the per- The basis for proration shall be the formance of these functions, if re- customers’ Shuttle load factor. quested. Charges for this service will be based on estimated actual costs, or ac- § 1214.807 Exceptional payloads. tual costs where appropriate, and will Customers whose payloads qualify be in addition to the price for standard under the NASA Exceptional Program services. Selection Process shall reimburse (d) For complete pallets or shared NASA for Spacelab and Shuttle serv- elements, NASA will normally perform ices on the basis indicated in the Shut- the Spacelab-payload mission manage- tle policy. ment functions listed in paragraph (a)

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of this section. Charges for this service events described in paragraph (d)(1) of will be based on estimated actual costs, this section. or actual costs where appropriate, and (e) If more than one reflight is re- will be in addition to the price for quired, no additional reflight premium standard services. shall be charged. (e) Integration of payload entities (f) If a payload being reflown was not mentioned in paragraphs (b)–(d) of this initially covered by a reflight guar- section with NAS-furnished Spacelab antee, the reimbursements for the re- support systems and with the Shuttle flight shall be the same as for a newly- shall be performed by NASA as a stand- scheduled launch. ard service for all payloads flown on customer-furnished Spacelab elements. § 1214.812 Payload specialists. Customers shall be available to partici- (a) The use of customer-furnished pate as required by NASA in these lev- payload specialists shall be subject to els of integration. Customer equipment the approval of the NASA Adminis- shall be operated only to the extent trator or the Administrator’s designee. necessary for interface verification. (b) Customers with payloads whose Customers requiring additional pay- Shuttle load factor is equal to or great- load operation after delivery of the er than 0.5 are entitled to request that payload to NASA shall negotiate such a customer-selected payload specialist operation as an optional service. be flown with the customer’s payload. Dedicated-flight customers are entitled § 1214.811 Reflight guarantee. to request the flight of two customer- selected payload specialists. (a) During the second phase of STS (c) NASA may approve the flight of a operations, there is no additional re- customer-selected payload specialist flight premium for those shared-flight with payloads whose Shuttle load fac- Spacelab payloads which can be accom- tor is less than 0.5 if, in NASA’s judg- modated on a standard Shuttle launch ment, there is sufficient scientific need to 160 nmi, 28.5° as defined in the Shut- to warrant such a flight. tle policy and all dedicated-flight (d) The standard Spacelab flight Spacelab payloads. price is based on operation of the cus- (b) NASA and the customer may ne- tomer’s payload by two NASA-fur- gotiate appropriate reflight provisions nished mission specialists. Accom- (e.g., scheduling, reflight premiums) modations for, and mission-inde- for payloads not covered by paragraph pendent training of, any payload spe- (a) of this section. Otherwise, no re- cialists and backups required for the flight services shall be provided. customer’s mission shall be provided as (c) Reflight guarantees, if provided, optional services and shall be paid for must cover the customer’s entire pay- by the customer. The price for this load. service shall be the same for both cus- (d) Payloads covered by reflight guar- tomer-furnished and NASA-furnished antees shall be entitled to a reflight payload specialists. with no charge for standard Spacelab and Shuttle services if both the fol- § 1214.813 Computation of sharing and lowing occur: pricing parameters. (1) Through no fault of the customer (a) General. (1) Computational proce- or defect in the customer’s payload, dures as contained in the following Spacelab systems (i.e., data, power, and subparagraphs of this paragraph of this cooling) are not within nominal speci- section shall be applied as indicated. fications, as measured by NASA at nor- The procedure for computing Shuttle mal Spacelab monitoring points, at the load factor, charge factor, and flight time of first turn-on of the customer’s price for Spacelab payloads replaces payload, all as defined in the Launch the procedure contained in the Shuttle Services Agreement. policy. (2) The customer’s mission objective (2) Shuttle charge factors as derived is not achieved solely as a direct result herein apply to the standard mission of the occurrence, at the time of first destination of 160 nmi altitude, 28.5° in- turn-on of the customer’s payload, of clination. Customers shall reimburse

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NASA an optional services fee for (v) Extraordinary shapes. flights to nonstandard destinations. The adjusted values shall be used as (3) The customer’s total Shuttle the basis for computing charge factors charge factor shall be the sum of the and prorating services. Shuttle charge factors for the cus- (b) Definitions used in computations— tomer’s individual (dedicated, com- (1) L =Chargeable payload length, m. plete, or shared) elements, with the C The total length in the cargo bay occu- limitation that the customer’s Shuttle pied by the customer’s experiment and charge factor shall not exceed 1.0. the Spacelab element(s) used to carry (4) Customers contracting for pallet- it. only payloads are entitled to locate minimal controls as agreed to by (2) WC=The weight of the customer’s NASA in a pressurized area to be des- payload and the customer’s pro rata ignated by NASA. There is no addi- share of the weight of NASA mission- tional charge for this service. peculiar equipment carried to meet the (5) NASA shall, at its discretion, ad- customer’s needs, kg. just up or down the load factors and (c) Dedicated-shuttle spacelab flight (1- load fractions calculated according to day mission). The total reimbursement the procedures defined in this section. is as defined in § 1214.804(e)(3). Adjustments shall be made for special (d) Dedicated-pallet flight (1-day mis- space or weight requirements which in- sion). (1) The Shuttle load factors and clude, but are not limited to: charge factors for dedicated-pallet (i) Sight clearances, orientation, or flights are shown in table 1. Subject to placement limits. other STS Spacelab structural limits, (ii) Clearances for movable payloads. customers are entitled to utilize the (iii) Unusual access clearance re- payload weight capability of the pal- quirements. lets as indicated in table 1. Payload (iv) Clearances extending beyond the weights in excess of those shown are bounds of the normal element enve- subject to NASA approval and may en- lope. tail optional services charges.

TABLE 1—SHUTTLE LOAD FACTORS, CHARGE FACTORS, AND NOMINAL CAPACITIES FOR DEDICATED PALLETS

Load factor Charge factor Nominal payload capacity, kg Number of pallets With Igloo FMDM con- With Igloo FMDM con- FMDM con- figuration figuration With Igloo figuration

1 ...... 0.228 0.189 0.305 0.252 2,325 2,950 2 ...... 0.392 NA 0.523 NA 4,470 NA 3-pallet train 1 ...... 0.556 NA 0.742 NA 4,435 NA 2+1 configuration...... 0.594 NA 0.792 NA 7,750 NA 1 Three pallets requiring the ‘‘1+1+1’’ configuration shall be flown on a dedicated flight basis [See § 1214.804(a)].

(2) Total reimbursement. The cus- L W + 767 tomer’s total reimbursement is as de- CCor fined in § 1214.804(f)(3). 18., 29 29 478 (e) Dedicated FMDM/MPESS flight (1- (ii) The minimum value of L is day mission)—(1) Shuttle charge factor. C based on the element length, plus The computed charge factor for dedi- clearances, and is 1.18 m. cated FMDM/MPESS flights is defined as: (3) Total reimbursement. The cus- tomer’s total reimbursement is as de- Shuttle Load Factor fined in § 1214.804(f)(3). (f) Complete pallets (7-day mission). (1) 0.75 The Shuttle load factor and charge fac- (2) Shuttle load factor. (i) The Shuttle tor for a complete pallet are 0.198 and load factor is defined as the maximum 0.228, respectively, and its payload of: weight capability is 2,583 kg. Subject to

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other STS or Spacelab structural lim- 3 its, customers are entitled to utilize WC Payload volume, m this payload weight capability. Pay- or load weight in excess of 2,583 kg is sub- 2, 583 15 ject to NASA approval and may entail Shuttle load factor is the greatest of: optional service charges. (2) Total reimbursement. The cus- W Payload volume, m3 tomer’s total reimbursement is as de- C or fined in § 1214.804(g)(3). 13, 045 76 (g) Shared elements (7-day mission)—(1) (ii) Pressurized module. Spacelab load Spacelab load fractions and Shuttle load fraction and Shuttle load factor are factors—(i) Pallet. Spacelab load frac- identical and are the greater of: tion is the greater of:

W 2× ( Experiment volume) + Storage volume, m3 C or 4, 319 40

(2) Shuttle charge factors and element (6) Experiment volume in the pres- charge factors for pressurized modules. surized module is defined to be the sum Shuttle charge factors and element of the customer’s payload volume in charge factors are identical and are de- racks and in the center aisle. fined as follows: (i) Rack volume is defined relative to basic Air Transportation Rack (ATR) The element charge factor If the Spacelab load fraction and Shuttle charge factor configurations. The customer’s rack (and Shuttle load factor) is— shall be— volume shall be defined as the volume Less than 0.00435 ...... 005. of one or more rectangular 0.00435 to 0.87 Spacelab load fraction di- parallelepipeds (rectangular-sided box) vided by 0.87. which totally enclosed the customer’s Greater than 0.87 ...... 1.0. payload. Width dimensions shall be ei- ther 45.1 or 94.0 centimeters. Height di- (3) Element charge factors for shared mensions shall be integral multiples of pallets. 4.45 centimeters. Depth dimensions If the Spacelab load fraction The element charge factor shall be 61.2 or 40.2 centimeters. is— shall be— (ii) Center aisle space volume is de- Less than 0.0189 ...... 0.0218. fined as the volume of a rectangular 0.0189 to 0.87 ...... Spacelab load fraction di- parallelepiped which totally encloses vided by 0.87. the customer’s payload. No edge of the Greater than 0.87 ...... 1.0. parallelepiped shall be less than 30 cen- (4) Shuttle charge factors for shared timeters in length. pallets. (7) Storage volume in the pressurized module is defined as the volume of one If the Shuttle load factor is— The Shuttle charge factor or more rectangular parallelepipeds en- shall be— closing the customer’s stowed payload. Less than 0.00375 ...... 0.005. No edge of the parallepiped(s) shall be 0.00375 to 0.75 ...... Shuttle load factor divided by less than 30 centimeters in length. 0.75. (8) Volume of the customer’s pallet- Greater than 0.75 ...... 1.0. mounted payload is defined as the vol- (5) Total reimbursement. (i) The cus- ume of a rectangular parallelepiped en- tomer’s total reimbursement is as de- closing the pallet payload and cus- fined in § 1214.804(h)(3). tomer-dictated mounting hardware. No (ii) If a customer contracts for por- edge of the parallelepiped shall be less tions of more than one element, the than 30 centimeters in length. charges for the use of the elements shall apply individually to each ele- Subparts 1214.9–1214.10 ment used. [Reserved] 134

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Subpart 1214.11—NASA Astronaut qualified applicants as ‘‘Qualified’’ or Candidate Recruitment and ‘‘Highly Qualified.’’ Selection Program (c) Efforts will be made to ensure that minorities and females are in- cluded among these discipline experts SOURCE: 54 FR 37940, Sept. 14, 1989, unless on the rating panel. otherwise noted. (d) The criteria for each level will be developed and will serve as the basis § 1214.1100 Scope. for the ratings. The evaluation will be It is NASA policy to maintain an in- based on the quality of the individual’s tegrated Astronaut Corps. This subpart academic background and experience 1214.11 sets forth NASA procedures and and the extent to which the individ- assigns responsibilities for recruitment ual’s academic achievements, experi- and selection of astronaut candidates. ence, and special qualifications relate It applies to all pilot and mission spe- to the astronaut candidate position. cialist astronaut candidate selection Reference information on those rated activities conducted by the National ‘‘Highly Qualified’’ will normally be Aeronautics and Space Administration. obtained. This evaluation process will be monitored to ensure adherence to § 1214.1101 Announcement. applicable policy, laws, and regula- (a) Astronaut candidate opportuni- tions. ties Will be announced nationwide and (e) Those rated ‘‘Highly Qualified’’ publicized periodically unless specifi- may be required to obtain a Class I or cally canceled by NASA. Class II physical. Only medically quali- (b) Civilian applicants may apply at fied applicants will be referred for final any time. evaluation and possible interview and (c) Military personnel on active duty selection. Those who are not medically must apply through and be nominated qualified will be so informed and will by the military service with which not be eligible for further consider- they are affiliated. Military nominees ation. will not be part of the continuing pool [54 FR 37940, Sept. 14, 1989, as amended at 68 of applicants. The military services FR 19948, Apr. 23, 2003] will convene their internal selection boards and provide nominees to NASA. § 1214.1103 Application cutoff date. The military nominees will be evalu- (a) The JSC Director, or designee, is ated by NASA and the military serv- responsible for identifying the need for ices will be notified promptly of those additional astronaut candidates and for nominees who are finalists. obtaining necessary approval to make (d) The Assistant Administrator for selections. Equal Opportunity Programs, NASA (b) Once such approval has been ob- Headquarters, will provide assistance tained, a cutoff date for the acceptance in the recruiting process. of applications will be established. Ap- [54 FR 37940, Sept. 14, 1989, as amended at 68 plications received after the date of the FR 19948, Apr. 23, 2003] request will be maintained and proc- essed for the next selection. § 1214.1102 Evaluation of applications. [54 FR 37940, Sept. 14, 1989, as amended at 68 (a) All incoming applications will be FR 19948, Apr. 23, 2003] reviewed to determine whether or not applicants meet basic qualifications. § 1214.1104 Evaluation and ranking of Those not meeting the basic qualifica- highly qualified candidates. tion requirements will be so notified (a) A selection board consisting of and will not be eligible for further con- discipline experts, and such other per- sideration. Those meeting the basic sons as appropriate, will further evalu- qualification requirements will have ate and rank the ‘‘Highly Qualified’’ their applications retained for review applicants. by a designated rating panel. (b) Efforts will be made to assure (b) A rating panel composed of dis- that minorities and females are in- cipline experts will review and rate cluded on this board.

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(c) The ‘‘Highly Qualified’’ applicants § 1214.1700 Scope. who are determined to be the ‘‘Best This subpart establishes NASA policy Qualified’’ will be invited to the John- and selection procedures for accommo- son Space Center for an interview, ori- dation of space flight participants entation, and detailed medical evalua- aboard flights of the Space Shuttle. tion. (d) Background investigations will [56 FR 47148, Sept. 18, 1991] normally be initiated on those appli- cants rated ‘‘Best Qualified.’’ § 1214.1701 Applicability. This subpart applies to NASA Head- [54 FR 37940, Sept. 14, 1989, as amended at 68 quarters and field installations. FR 19948, Apr. 23, 2003] § 1214.1702 Relation to other part 1214 § 1214.1105 Final ranking. material. Final rankings will be based on a Except as specifically noted, all regu- combination of the selection board’s latory provisions of Space Shuttle poli- initial evaluations and the results of cies also apply to space flight partici- the interview process. Veteran’s pref- pants. In the event of any inconsist- erence will be included in this final encies in the policies, the regulatory ranking in accordance with applicable policies established for crew members regulations. will govern with respect to space flight participants. § 1214.1106 Selection of astronaut can- didates. § 1214.1703 Definitions. The selection board will recommend (a) Space flight participants. All per- to the JSC Director its selection of sons whose presence aboard a Space candidates from among those finalists Shuttle flight is authorized in accord- who are medically qualified. The num- ance with this regulation. ber and names of candidates selected to (b) Committee. The Space Flight Par- be added to the corps will be approved, ticipant Evaluation Committee, estab- as required, by JSC/ NASA manage- lished in NASA Headquarters for the ment and the Associate Administrator purpose of directing and administering for Space Flight, prior to notifying the the program for space flight partici- individuals or the public. pants. The Committee consists of the following NASA Headquarters officials: § 1214.1107 Notification. Associate Deputy Administrator Selectees and the appropriate mili- (Chair), General Counsel, Associate Ad- tary services will be notified and the ministrator for External Relations, As- public informed. All unsuccessful sociate Administrator for Manage- qualified applicants will be notified of ment, Associate Administrator for nonselection and given the opportunity Space Flight, Associate Administrator to update their applications and indi- for Public Affairs and Assistant Ad- cate their desire to receive consider- ministrator for Equal Opportunity Pro- ation for future selections. grams. [56 FR 47148, Sept. 18, 1991] Subparts 1214.12–1214.16 [Reserved] § 1214.1704 Policy. (a) NASA policy is to provide Space Subpart 1214.17—Space Flight Shuttle flight opportunities to persons (individuals outside the professional Participants categories of NASA astronauts and payload specialists) whose presence on- AUTHORITY: 42 U.S.C. 2473 and the National board the Space Shuttle is not required Aeronautics and Space Act of 1958, as amend- for operation of payloads or for other ed. essential mission activities, but is de- SOURCE: 49 FR 17737, Apr. 25, 1984, unless termined by the Administrator of otherwise noted. NASA to contribute to other approved

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NASA objectives or to be in the na- highly in the review process. NASA tional interest. However, flight oppor- will encourage the participation of a tunities for space flight participants wide and diverse array of participants, will not be available in the near term. including women and minorities. NASA will assess Shuttle operations [49 FR 17737, Apr. 25, 1984, as amended at 56 and mission and payload requirements FR 47148, Sept. 18, 1991] on an annual basis to determine when it can begin to allocate and assign § 1214.1705 Selection of space flight space flight opportunities for future participants. space flight participants, consistent (a) The agency will publicly an- with safety and mission considerations. nounce each space flight participant When NASA determines that a flight opportunity through appropriate opportunity is available for a space means, including notice in the FED- flight participant, first priority will be ERAL REGISTER and press releases. Each given to a ‘‘teacher in space,’’ in fulfill- such Announcement of Opportunity ment of space education plans. will include a listing of basic qualifica- (b) To be considered for selection as tion requirements to be met (including space flight participants, applicants those of § 1214.1704(b)), a statement of must: the specific National Aeronautics and (1) Be free of medical conditions Space Act purposes to which this op- which would either impair the appli- portunity is directed, what information cant’s ability to participate in, or be is required of applicants to dem- aggravated by, space flight, as deter- onstrate their ability to fulfill those mined by NASA physicians. purposes, the criteria on which appli- (2) Be willing to undergo appropriate cants will be judged, and administra- background investigation. tive information such as to whom ap- (3) Be willing to undergo necessary plications should be directed, the open- training. ing and closing dates for applications, (4) Meet additional requirements that and any other information or matters may be stated in Announcements of determined to be pertinent to the pro- Opportunity (AO) soliciting applica- gram in general and/or the specific tions for particular spaceflights. flight. (c) Persons accepted as space flight (b) All applications received in re- participant candidates will enter into sponse to the AO will be screened to an agreement with NASA for the pe- eliminate those applicants not meeting riod of training, flight, debriefing, and the basic qualification requirements. post-flight activities. The agreements (c) Remaining applications will be will cover such pertinent matters as, forwarded to the outside review panel but not limited to, responsibilities and established for the announcement in authorities of the respective parties, question and composed of members ap- compensation where appropriate, in- propriate to the specific purposes stat- surance, and liability. ed in that announcement. The review (d) Typically the selection of space panel will evaluate all the applications flight participants will be based on and recommend to NASA a list of those their comparative abilities to fulfill applicants who appear most likely to the objectives and purposes stated in meet the purposes. Announcement of Opportunities (AO’s) (d) NASA selection of applicants covering one or more Space Shuttle qualified to undergo necessary training missions in which their participation is and be certified for flight will be made desired. A NASA-designated outside re- by the Committee, based upon criteria view panel will evaluate the qualifica- that include: tions of applicants to select those who (1) Recommendation of the outside most appropriately meet those pur- review panel. poses of participant flight associated (2) Ability to undergo successfully with the particular AO. NASA will re- the necessary period of training to en- tain the authority to make final selec- sure adaptation to flight experience tion of space flight participants for and mission activities. flight training and eventual flight from (3) Ability to pass medical and psy- among those applicants rated most chological examinations to minimize

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the possibility of hazard to persons or PART 1215—TRACKING AND DATA missions. RELAY SATELLITE SYSTEM (TDRSS) (4) Adaptability to living and work- ing in space. Subpart 1215.1—Use and Reimbursement (5) Willingness to enter into an agree- Policy for Non-U.S. Government Users ment with NASA covering pre-flight, Sec. flight, and post-flight activities, with 1215.100 General. individual rights and responsibilities 1215.101 Scope. set forth in that agreeement. 1215.102 Definitions. (6) Satisfactory completion of a 1215.103 Services. background investigation conducted to 1215.104 Apportionment and assignment of services. NASA’s standards as adjudicated by 1215.105 Delivery of user data. the NASA Security Officer. 1215.106 User command and tracking data. (e) The Committee will submit a list 1215.107 User data security and frequency of those candidates suitable for selec- authorizations. tion to the NASA Administrator, who 1215.108 Defining user service requirements. will select the requisite number to un- 1215.109 Scheduling user service. 1215.110 User cancellation of all services. dergo the necessary training to prepare 1215.111 User postponement of service. them for space flight. 1215.112 User/NASA contractual arrange- (f) Those candidates who successfully ment. complete the training will become 1215.113 User charges. qualified as space flight participants. 1215.114 Service rates. 1215.115 Payment and billing. Flight assignments will be made by the Administrator from this qualified APPENDIX A TO PART 1215—ESTIMATED SERV- ICE RATES IN 1997 DOLLARS FOR TDRSS group. NASA reserves the right to so- STANDARD SERVICES (BASED ON NASA ES- licit additional space flight participant CALATION ESTIMATE) applications, if necessary. APPENDIX B TO PART 1215—FACTORS AFFECT- (g) Authority to officially designate ING STANDARD CHARGES candidates for training, certify can- APPENDIX C TO PART 1215—TYPICAL USER AC- TIVITY TIMELINE didates as qualified space flight par- ticipants, and assign space flight par- AUTHORITY: Sec. 203, Pub. L. 85–568, 72 Stat. ticipants to specific Space Shuttle 429, as amended; 42 U.S.C. 2473. flights is reserved to the Adminis- SOURCE: 48 FR 9845, Mar. 9, 1983, unless oth- trator. erwise noted.

§ 1214.1706 Program management. Subpart 1215.1—Use and Reim- The Associate Administrator for bursement Policy for Non-U.S. Space Flight is responsible for program Government Users management under the direction of the Committee chairperson. § 1215.100 General. The TDRSS represents a major in- § 1214.1707 Media and public inquiries. vestment by the U.S. Government with the primary goal of providing improved (a) The Associate Administrator for tracking and data acquisition services External Relations will respond to all to spacecraft in low earth orbit or to inquiries directed to the agency con- mobile terrestrial users such as air- cerning space flight participants and craft or balloons. It is the objective of the process by which they are selected. NASA to operate as efficiently as pos- (b) The names of all applicants will sible with the TDRSS. This is to the be withheld from public release until mutual benefit of all users. Such user the space flight participants are se- consideration will permit NASA and lected by the Administrator. non-NASA service to be delivered with- out compromising the mission objec- tives of any individual user. To encour- age users toward achieving efficient TDRSS usage, this reimbursement pol- icy has been established to purposely

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