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(b) Schedules. Schedules showing the allocation of testing time for Government projects and for company projects for unitary wind tunnels and other major wind tunnels will be established by the appropriate Center each month for the ensuing 3-month period and submitted to NASA Headquarters, Attn.: Code RA, by the first day of each month.

§ 1210.4 Company projects.

(a) Initiation of company projects. Company projects will be initiated by a letter to the Center Director fol. lowed by a conference between company and NASA representatives at the Center having responsibility for the facility proposed for the project. The company representatives will be required to explain the technical need for the project and why the NASA facility is required, as well as to define the extent of the test program, model and equipment requirements, and schedule. The Center shall maintain a file of all company requests and their disposition. The company may be required to provide a safety analysis report (SAR) to augment the wind tunnel SAR by describing potential hazards that the company test program, model and equipment may present to NASA facilities and personnel.

(b) Scheduling of tests. In scheduling time for company projects, the responsible NASA Center will take into account priorities as specified in § 1210.3 and all projects, including Government, company, and NJA research work relative to the national interest. Every reasonable attempt will be made to accommodate technically justifiable projects on as timely a basis as possible.

(c) Fees for company projects. The policy on charges for the use of NASA facilities is explained in NASA Management Instruction 9080.1A, dated November 1975, titled, “Review, Approval and Imposition of User Charges." The fee imposed for a company project will cover all direct and indirect costs to NASA for the wind tunnel test.

(1) Occupancy time charge. (i) The occupancy time will be computed from the start of installation of the test article in the wind tunnel test section

through the time on which the test article is removed from the test section and the test section restored to its original condition.

(ii) The occupancy time rate will be computed from the sum of the annual cost of the operating crew plus the estimated annual maintenance cost of the facility and will be determined in accordance with NASA Management Instruction 9080.1A.

(iii) The sum of the annual cost for the operating crew and the estimated annual maintenance cost divided by the number of operational weeks, depending on the facility, gives the weekly occupancy ate. This fee will be charged per basic week of 5 days, each day to be one-fifth week. The remaining weeks over the number of operational weeks for each year are the estimated maintenance reserve and holiday allowance; hence, no charge will be made for a holiday occurring during a test period.

(2) Energy/fuel. The charge for energy/fuel will be determined from the energy/fuel consumed during the tests and the actual cost to the NASA.

(3) Data reduction. The cost of data reduction and the data report will include labor, materials, computing machine rental, and appropriate indirect charges in accordance with NASA Management Instruction 9080.1A.

(4) Cancellation of scheduled wind tunnel time. Upon determination of a test schedule by the representatives of the company and of the NASA, it becomes the responsibility of the company to meet this schedule. A project may be canceled by the company without charge on 60 days' notice depending upon the readiness of succeeding projects. In the event subsequently scheduled work cannot be scheduled in lieu of the company's work, when canceled with less than 60 days' notice, the company shall be required to pay the occupancy time charge for the scheduled test period or for the period the facility test section is idle due to the cancellation, whichever results in the smaller charge. Curtailment of a project underway before the end of the scheduled test period may be made by the company. In this event, the company shall be required to pay the occupancy charge for the time used

of

plus the unused scheduled time or for

8 1210.5 Government projects. the idle time of the test section,

(a) Initiation of Government prowhichever is the smaller.

jects. Government projects shall be (5) High power requirements. Una

initiated through a conference of repvailability of adequate power or eco

resentatives from the contracted comnomic considerations may, on occa

pany, the sponsoring Government sion, cause delay or cancellatior of

agency, and the staff of the NASA high-powered test runs. The company Center having responsibility for the shall cooperate with the facility staff

facility proposed for the project. The in the scheduling of low-powered runs purpose of the conference will be to during periods when large blocks of establish the technical basis for the power are unavailable. However, project and why the NASA facility is should rescheduling of test runs to ac- required as well as to define the extent commodate power shortages be im- of the test program, model and instrupractical, occupancy time charge cred- mentation requirements, and schedule. its will be made for time lost arising Upon concurrence of the Center Direcfrom such shortages. The basis for tor, the sponsoring Government these credits, which will also be made agency will submit a letter of request for delays due to breakdown or mal- to NASA Headquarters for approval as function Government-furnished well as clearing the request through equipment or instrumentation, or due the projects allocation and priority to other reasons beyond the control of group (see paragraph (b) of this secthe company, will be determined by tion). A safety analysis report (SAR) each Center. The test period allotted may be required to augment the wind for the program may be extended to tunnel SAR by describing the potenoffset delays in lieu of refund.

tial hazards that the project test pro(d) Test data transmittal. The basid gram, model, and equipment may presdata for company projects will be

ent to NASA facilities and personnel. transmitted to the requesting compa

(b) Projects allocation and priority ny without detailed analysis but with

group. For coordinating Government the necessary description of methods

projects, there is a group established and techniques employed to permit

jointly by the Department of Defense

and the NASA. It consists of one repproper interpretation of the data.

resentative each from the Air Force, (e) Proprietary rights. In order to protect the trade secrets of companies,

Army, Navy, and NASA, competent to NASA will generate one set of final re

determine military priorities in the sults, which will become the property

use of the NASA and other Govern

ment-owned facilities. The group is of the company and be promptly transmitted to the comp: y. If, subse

known as the aircraft, missile and pro

pulsion projects allocation and priorquently, there is need to review the re

ity group. sults, it will be the responsibility of

(c) Scheduling of tests. Government the company to provide the NASA

projects will be scheduled with due Center with copies of the resulting

consideration of the priorities estabdata on loan. Upon completion of the

lished by the projects allocation and review, the data will be returned to

priority group. the company. Should the company (d) Test data transmitted. The basic desire to maintain its trade secret

data for Government projects, without rights in the data during the loan detailed analysis but with the necesperiod, it should mark the data with a

sary description of methods and technotice stating that the data shall not niques employed to permit the proper be used or disclosed other than for interpretation of the data, will be review purposes without prior written transmitted to the company for whom permission of the company. NASA, in the tests were made and the sponsorturn, will protect that data covered by ing Government agency. Further disthe notice which is protected under closure by NASA of the test results the law as a trade secret.

will be made only with the prior con(f) Test preparation and conduct currence of the sponsoring Govern(see $ 1210.6).

ment agency.

§ 1210.6 Test preparation and conduct.

(a) Programing by user. The user will be given the greatest possible freedom within the objectives of the scheduled program to obtain the precise information it requires, to determine the sequence and number of test runs to be made, and to make modifications to the program arising from the results currently being obtained, subject to requirements of safety, energy conservation, practicability, and the total time assigned.

(b) Instrumentation. Each facility will provide basic instrumentation suitable for the test range of the respective facility and computing equipment for the reduction of test data. Information will be furnished for each facility on the permissible size of model, standard balances, safety margins to be used in the construction of models, model mounting details, and other pertinent factors. If the basic instrumentation furnished by the facility does not meet the test requirements, the company will provide suitable instrumentation which will generally be calibrated by the facility staff to insure accuracy of measurement. This instrumentation will be made available sufficiently in advance of the test date to accomplish the calibration. Serious delays arising from inaccuracies in user supplied instrumentation, if occurring during the scheduled test period, may result in reassignment of the position of the tests on the facility schedule. Detailed specifications and arrangements for special instrumentation will be established by mutual agreement. All model criteria required by the facility for safety consideration including the necessary drawings and stress analyses of the articles to be tested will be furnished at a time specified by the facility staff for their use in preparing for the test. The user will also be uired to furnish all information necessary to prepare the data reduction software program at a date specified by the facility staff.

(c) Test program. All tests will be conducted under NASA supervision and by NASA personnel or by NASA support service contractor personnel unless approved otherwise by the facility manager. By agreement between

the user (company representatives and the requesting agency) and the Center staff, changes in the test program may be made within the objectives of the scheduled program if time is available. When tests are not totally conducted by NASA personnel or by NASA support service contractor personnel, the NASA Field Installation Safety Officer shall verify that the company per. sonnel are fully cognizant of facility safety problems and operations. A current SAR on the facility shall be available to the company personnel for review.

(d) Handling iest data. The NASA staff will be responsible for obtaining all test data, its reduction to suitable coefficient form, and the accuracy of the final data, but the NASA will assume no responsibility for the interpretation of the data by others. Transmittal of the data will be made as rapidly as possible. For company projects, the data will be transmitted as directed by the company. The data for Government projects will be transmitted simultaneously to the sponsoring Government agency and the contractor, unless otherwise directed by the sponsoring agency.

(e) Shops and office space. During the conduct of user testing, the NASA will make available machine tools in the facility shop and desk space to the user whose projects are under tests.

(f) Company furnished personnel. User personnel furnished for each project will be agreed upon between the user and facility staff prior to the test.

PART 1211-EXTRATERRESTRIAL

EXPOSURE

Sec. 1211.100 Scope. 1211.101 Applicability. 1211.102 Definitions. 1211.103 Authority. 1211.104 Policy, 1211.105 Relationship with Departments

of Health, Education, and Welfare and

Agriculture. 1211.106 Cooperation with States, territor

ies, and possessions. 1211.107 Court or other process. 1211.108 Violations.

AUTHORITY: Secs. 203, 304, 72 Stat. 429, (c) “Quarantine" means the deten433; 42 U.S.C. 2455, 2456, 2473; 18 U.S.C. tion, examination and decontamina799; Art. IX, TIAS 6347 (18 UST 2416).

tion of any person, property, animal or SOURCE: 34 FR 11975, July 16, 1969, unless other form of life or matter whatever otherwise noted.

that is extraterrestrially exposed, and

includes the apprehension or seizure $ 1211.100 Scope.

of such person, property, animal or This part establishes:

other form of life or matter whatever. (a) NASA policy, responsibility and (d) “Quarantine period” means a authority to guard the Earth against period of consecutive calendar days as any harmful contamination or adverse may be established in accordance with changes in its environment resulting $ 1211.104(a). from personnel, spacecraft and other (e) "United States" means the 50 property returning to the Earth after States, the District of Columbia, the landing on or coming within the at- Commonwealth of Puerto Rico, the mospheric envelope of a celestial body; Virgin Islands, Guam, American and

Samoa and any other territory or pos(b) Security requirements, restric- session of the United States, and in a tions and safeguards that are neces- territorial sense all places and waters sary in the interest of the national se- subject to the jurisdiction of the curity.

United States.

$ 1211.101 Applicability.

The provisions of this part apply to all NASA manned and unmanned space missions which land on or come within the atmospheric envelope of a celestial body and return to the Earth.

$ 1211.103 Authority.

(a) Sections 203 and 304 of the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2473, 2455 and 2456).

(b) 18 U.S.C. 799.

(c) Article IX, Outer Space Treaty, TIAS 6347 (18 UST 2416).

(d) NASA Management Instructions 1052.90 and 8020.13.

$ 1211.102 Definitions.

(a) “NASA" and the “Administrator" mean, respectively the National Aeronautics and Space Administration and the Administrator of the National Aeronautics and Space Administration or his authorized representative (see $ 1204.509 of this chapter).

(b) "Extraterrestrially exposed" means the state or condition of any person, property, animal jr other form of life or matter whatever, who or which has:

(1) Touched directly or come within the atmospheric envelope of any other celestial body; or

(2) Touched directly or been in close proximity to (or been exposed indirectly to) any person, property, animal or other form of life or matter who or which has been extraterrestrially exposed by virtue of paragraph (b)(1) of this section.

For example, if person or thing "A" touches the surface of the Moon, and on “A's" return to the Earth, “B” touches “A” and, subsequently, “C” touches "B,” all of these—"A" through “C” inclusive-would be extraterrestrially exposed (“A” and “B” directly; “C” indirectly).

§ 1211.104 Policy.

(a) Administrative actions. The Administrator or his designee as authorized by $ 1204.509 of this chapter shall in his discretion:

(1) Determine the beginning and duration of a quarantine period with respect to any space mission; the quarantine period as it applies to various life forms will be announced.

(2) Designate in writing quarantine officers to exercise quarantine authority.

(3) Determine that a particular person, property, animal, or other form of life or matter whatever is extraterrestrially exposed and quarantine such person, property, animal, or othrr form of life or matter whatever. The quarantine may be based only on a determination, with or without the benefit of a hearing, that there is probable cause to believe that such person, property, animal or other form of life or matter whatever is extraterrestrially exposed.

(4) Determine within the United NASA shall be given a reasonable opStates or within vessels or vehicles of portunity to communicate by telethe United States the place, bound- phone with legal counsel or other peraries, and rules of operation of neces- sons of his choice. sary qua antine stations. (5) Provide for guard services by con

$ 1211.105 Relationship with Departments tract or otherwise, as may be neces

of Health, Education, and Welfare and sary, to maintain security and inviola

Agriculture. bility of quarantine stations and quar- (a) If either the Department of antined persons, property, animals, or Health, Education, and Welfare or the other form of life or matter whatever. Department of Agriculture exercises

(6) Provide for the subsistence, its authority to quarantine an extrahealth, and welfare of persons quaran- terrestrially exposed person, property, tined under the provisions of this part. animal, or other form of life or matter

(7) Hold such hearings at such times, whatever, NASA will, except as proin such manner and for such purposes vided in paragraph (c) of this section, as may be desirable or necessary under not exercise the authority to quaranthis part, including hearings for the tine that same person, property, purpose of creating a record for use in animal, or other form of life or matter making any determination under this whatever. In such cases, NASA will part or for the purpose of reviewing offer to these departments the use of any such determination.

the Lunar Receiving Laboratory Quar(8) Cooperate with the Department antine Station and such other service, of Health, Education, and Welfare and equipment, personnel, and facilities as the Department of Agriculture in ac- may be necessary to ensure an effeccordance with the provisions of tive quarantine. § 1211.105.

(b) If neither the Department of (9) Take such other actions as may Health, Education, and Welfare or the be prudent or necessary and which are Department of Agriculture exercises consistent with this part.

its quarantine authority. NASA shall (b) Quarantine. (1) During any exercise the authority to quarantine period of announced quarantine, the an extraterrestrially exposed person, property within the posted perimeter property, animal or other form of life of the Lunar Receiving Laboratory at or matter whatever. In such cases, the Manned Spacecraft Center, Hous- NASA will inform these departments ton, Tex., is designated as the NASA of such quarantine action and, in addiLunar Receiving Laboratory Quaran- tion, may request the use of such serytine Station.

ice, equipment, personnel and facilities (2) Other quarantine stations may of other Federal departments and be established if determined necessary

agencies as may be necessary to ensure as provided in paragraph (a)(4) of this an effective quarantine. section.

(c) NASA shall quarantine NASA as(3) During any period of announced tronauts and other NASA personnel as quarantine, no person shall enter or determined necessary and all NASA depart from the limits of any quaran

property involved in any space mistine station without permission of the

sion. cognizant NASA quarantine officer. During such period, the posted perim

§ 1211.106 Cooperation with States, terrieter of a quarantine station shall be

tories and possessions. secured by armed guard.

Actions taken in accordance with the (4) Any person who enters the limits provisions of this part shall be exerof any quarantine station during the cised in cooperation with the applicaquarantine period shall be deemed to ble authority of any State, territory, have consented to the quarantine of possession or any political subdivision his person if it is determined that he is thereof. or has become extraterrestrially exposed.

8 1211.107 Court or other process. (5) At the earliest practicable time, (a) NASA officers and employees are each person who is quarantined by prohibited from discharging from the

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