(4) Contracts for Shuttle services made one year or less before a flight and up to three months before a flight will be made on a space-available basis unless short term call-up option is elected.

(i) Short term Call-up option. (1) For flights contracted on year or less before launch, but not less than three months before launch, short term callup will be provided to dedicated flight users at the dedicated flight prices according to the reimbursement schedule.

(2) For dedicated flight users requiring short term call-up flights less than three months before launch, NASA will provide STS launch services on a space-available basis. NASA shall be reimbursed the dedication flight price according to the reimbursement schedule plus short term call-up additional costs. The additional costs will be based on estimated costs to be incurred.

(3) For shared flights contracted one year or less before launch, but more than six months before launch, users may elect the short term call-up option. The user shall reimburse NASA the standard shared flight price according to the reimbursement schedule plus a load factor-recovery fee. The load factor-recovery fee is half the difference between a dedicated flight price and the user's shared flight price or the difference between a dedicated flight price and the total adjusted reimbursements from shared users, whichever i less.

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(4) For shared flights contracted six months or less before launch, but more than three months before launch, users may elect the short term call-up option. The user shall reimburse NASA the standard share flight price according to the reimbursement schedule plus a load factor-recovery fee which is the difference between a dedicated flight price and the total adjusted reimbursement from all shared flight users.

(5) Shared flights contracted three months or less before launch will be flown on a space-available basis. NASA shall be reimbursed the shared flight price according to the reimbursement schedule plus short term call-up additional costs. These additional charges

will be based on estimated costs to be incurred.

(6) For the purposes of this paragraph, "adjusted reimbursements" is defined to be reimbursements assuming all shared users are among those defined in § 1214.201.

(7) The load factor-recovery fee will never be less than zero.

(8) The load factor-recovery fee is payable upon receipt of NASA's billing therefor.

(j) Accelerated launches. For users who reschedule a launch so that it occurs earlier than the planned launch, the user will pay on an accelerated reimbursement schedule. The user will reimburse NASA to make his payments current on the new accelerated reimbursement schedule. If the time from notification of acceleration is less than one year from the new launch date, short term call-up reimbursements will also apply.

(k) Postponements—(1) Non-standby payloads. (i) A user can postpone a flight of his payload one time with no additional charge if postponement occurs more than one year before launch. For subsequent postponed flights more than one year before launch, the user shall reimburse NASA a postonement fee of 5 percent of the user's flight price. For postponements one year or less before launch, the user shall reimburse NASA 5 percent of the user's flight price plus an occupancy fee according to the occupancy fee schedule in Appendix B.

(ii) If the postponement of a flight causes the payload to be launched in a year for which a different price per flight has been established, the new price shall apply if it is higher than the originally contracted price.

(2) Standby payloads. (i) For flights postponed more than six months prior to the beginning of the negotiated one-year period, NASA shall renegotiate a new one-year period during

which launch will occur. No additional fee will be imposed.

(ii) For flights postponed six months or less prior to the beginning of the negotiated one-year period, the user shall reimburse NASA 5 percent of the user's flight price plus an occupancy

fee according to the occupancy fee schedule set forth in Appendix B.

(3) Postponement fees are payable upon receipt of NASA's billing therefor.

(4) Flights postponed will henceforth be treated as newly scheduled launches according to the reimbursement schedule. The number of months prior to launch will be taken as the total number or months between the date postponement is elected and the new launch date. Short term call-up options and associated fees shall apply.

(5) Minor delays (up to three days) caused by the users will not constitute a postponement. No fee will be charged for a minor delay.

(1) Cancellations. (1) Non-standby payloads. Users who cancel a flight more than one year before launch shall reimburse NASA 10 percent of the user's flight price. For a cancelled flight one year or less before launch, the user shall reimburse NASA 10 percent of the user's flight price plus an occupancy fee as set forth in Appendix B.

(2) Standby payloads. (i) Users who cancel a flight more than six months prior to the beginning of the negotiated one-year period shall reimburse NASA 10 percent of the user's flight price.

(ii) For a flight cancelled six months or less prior to the beginning of the negotiated one-year period, the user shall reimburse NASA 10 percent of the user's flight price plu: an occupancy fee as set forth in Appendix B.

(3) Cancellation fees are payable upon receipt of NASA's billing therefor.

§ 1214.203 Optional reflight guarantee.

(a) If reflight insurance is purchased from NASA, NASA guarantees one reflight of:

(1) The launch and development of a free flying payload into a Shuttle compatible mission orbit if, through no fault of the user, the first launch and deployment attempt is unsuccessful and if the payload returns safely to earth or a second payload is provided by the user.

(2) The launch of an attached payload into its mission orbit if the first

launch attempt is unsuccessful through no fault of the user, and if the payload returns safely to earth or a second payload is provided by the

user.

(3) A launch of a Shuttle into a payload mission orbit for the purpose of retrieving a payload if the first retrieval attempt is unsuccessful through no fault of the user. This guarantee only applies if the payload is in a safe retrievable condition as determined by NASA.

(b) Reflight insurance is not applicable to payloads or upper stages placed into orbits other than the Shuttle mission orbit.

§ 1214.204 Patent and data rights.

(a) When accommodating missions under this Subpart, i.e., experimental science or experimental applications missions for ESA, ESA member states or Canada with no near-term commercial implications, NASA will obtain for U.S. Governmental purposes rights to inventions, patents and data resulting from such missions, subject to the user's retention of the rights to first publication of the data for a specified period of time.

(b) The user will be required to furnish NASA with sufficient information to verify peaceful purposes and to insure Shuttle safety and NASA's and the U.S. Government's continued compliance with law and the Government's obligations.

§ 1214.205 Revisit and/or retrieval services.

These services will be priced on the basis of estimated costs. If a special dedicated Shuttle flight is required, the full dedicated price will be charged. If the user's retrieval requirement is such that it can be accomplished on a scheduled Shuttle flight, he will only pay for added mission planning, unique hardware or software, time on orbit, and other extra costs incurred by the revisit.

§ 1214.206 Damage to payload.

The price does not include a contingency or premium for damage that may be caused to a payload through the fault of the U.S. Government or its contractors. The U.S. Government,

therefore, will assume no risk for damage or loss to the user's payload. The users will assume that risk or obtain insurance protecting themselves against that risk.

§ 1214.207 Responsibilities.

(a) Headquarters officials. (1) The NASA Comptroller, in coordination with the Associate Administrator for Space Flight will:

(i) Prescribe guidelines, procedures, and other instructions which are necessary for estimating costs and setting prices and publishing them in the NASA Issuance System, and

(ii) Review and arrange for the billing of users.

(2) The Associate Administrator for Space Flight will arrange for:

(i) Developing estimates for costs and establishing prices in sufficient detail to reveal their basis and rationale.

(ii) Obtaining approval of the NASA Comptroller of such estimates and related information prior to the execution of any agreement, and

(iii) Reviewing of final billings to users prior to submission to the NASA Comptroller.

(b) Field installation officials. The Directors of Field Installations responsible for the STS operations will:

(1) Maintain and/or establish agency systems which are needed to identify costs in the manner prescribed by the NASA Comptroller,

(2) Compile financial records, reports, and related information, and

(3) Provide assistance to other NASA officials concerned with costs and related information.

APPENDIX A-COSTS FOR WHICH NASA SHALL BE REIMBURSED

For a postponed or cancelled shared flight, the occupancy fee will be computed according to the computation instructions set forth below. If the computation results in an occupancy fee which is less than zero, the occupancy fee will be reset to zero.

For a postponed or cancelled shared flight one year or less, but more than six months before launch, the user shall reimburse NASA an occupancy fee of half the user's flight price less any adjusted reimbursements from other users who contract for the same flight subsequent to the postponement or cancellation date.

For a postponed or cancelled shared flight six months or less before launch, the user shall reimburse NASA an occupancy fee of 90% of the user's flight price less any adjusted reimbursements from other users who contract for the same flight subsequent to the postponement or cancellation date.

For a given shared flight, if the occupancy fee so computed would result in total adjusted reimbursements (exclusive of the 5% (10%) postponement (cancellation) fee) in excess of the price of a dedicated flight, the occupancy fee will be reduced in order to recover the price of a dedicated flight.

In the event that, as a result of the postponement or cancellation, the Shuttle is not launched at all for the intended flight, the occupancy fee will be zero.

For purposes of this attachment, "adjusted reimbursements" is defined to be reimbursements assuming all users are among those defined in § 1214.201.

Subpart 1214.3-Payload Specialists for NASA or NASA-Related Payloads

AUTHORITY: 42 U.S.C. 2473.

SOURCE: 43 FR 9790, Mar. 10, 1978, unless otherwise noted.

§1214.300 Scope.

This Subpart 1214.3 sets forth NASA's policy on and process for the acquisition and utilization of payload specialists who operate NASA or NASA-related payloads aboard Space Transportation System (STS) flights. §1214.301 Definitions.

(a) Payload specialist. A payload specialist is an individual selected to operate assigned payload elements on a specific STS flight or mission.

(b) NASA or NASA-related payload. A NASA or NASA-related payload is a specific complement of instruments, space equipment and support hardware, developed by a NASA Program

Office or by another party with which NASA has a shared interest, and carried into space to accomplish a mission or discrete activity in space.

(c) Mission. The performance of a coherent set of investigations or operations in space to achieve program goals. A single mission might require more than one flight, or more than one mission might be accomplished on a single flight.

(d) Mission manager. The mission manager is a NASA official responsible for the implementation of the NASA or NASA-related payload portion of an STS flight(s). The mission manager is designated by the field installation selected to execute the payload portion of the flight(s).

(e) Mission specialist. A mission specialist is a career NASA Astronaut skilled in the operation of STS systems related to payload operations and thoroughly familiar with the operational requirements and objectives of the payloads with which the mission specialist will fly. The mission specialist, when designated for a flight, will participate in the planning of the mission and will be responsible for the coordination of overall payload/STS interaction. The mission specialist will direct the allocation of STS and crew resources to the accomplishment of the combined payload objectives during the payload operations phase of the flight in accordance with the approved flight plan.

(f) Investigator working group (IWG). An investigator vrking group (IWG) is a group, generally composed of the investigators, or their representatives, established in accordance with NASA Management Instruction 1150.1, whose primary purpose is facilitating or coordinating the development and execution of the operational plans of an approved NASA program or reporting the progress thereof. The IWG's work is primarily operational in nature; its advisory function, if any, is only incidental.

§ 1214.302 Background.

The Space Transportation System (STS) has been developed to expand the Nation's capabilities to utilize beneficially the space environment in a cost-effective way. It provides oppor

tunity for onboard participation of investigators, their associates or other representatives of the payload community. Such participation by individuals associated with the investigations should enhance the probability of successful achievement of the payload objectives. Therefore, the concept of a payload specialist has been introduced in order to permit the utilization of various specialists as payload operators. The STS will provide these payload specialists with a habitable working environment and support services in such a way as to require a minimum of dedicated space flight training, allowing them to concentrate their efforts on the accomplishment of their scientific or technical objectives.

§1214.303 Policy.

NASA policy is to provide individuals associated with space investigations the opportunity to perform as payload specialists aboard STS flights to conduct measurements and observations in pursuance of mission objectives.

§1214.304 Process.

(a) Determining the need for payload specialist(s). The Official-in-Charge of the sponsoring Program Office determines the need for a payload specialist(s) to serve aboard an STS flight with the NASA or NASA-related payload. This determination may be made at the time of selection of investigations resulting from an Announcement of Opportunity issued in accordance with NASA Handbook 8030.6, or when the need becomes known during payload/mission development. The policy contained in NASA Management Instruction 3713.2C will be considered.

(b) Selection of payload specialists. (1) Except as provided in paragraph (b)(5) of this section, when the Official-in-Charge of the sponsoring Program Office has approved a payload for a mission and/or has otherwise determined a need for a payload specialist(s), the IWG will then commence the selection process.

(2) The IWG will examine the requirements for the selected investigations to determine the number and qualifications of payload specialists

and backups that are necessary to support the investigations. Any support which can be provided by the flight crew will be included in these considerations by the IWG.

(3) The IWG members will solicit candidiate payload specialists. The solicitation will require as a minimum that a summary of professional qualifications, a medical history, and the results of the physical examination described in paragraph (b)(3)(iii) of this section be submitted. The IWG will be responsible for:

(i) Establishing professional and operational criteria for payload specialists for specific payloads.

(ii) Screening all candidates against the criteria established.

(iii) Selecting payload specialists from those candidates deemed professionally qualified and who meet the NASA Class III Space Flight Medical Selection Standards. The preselection phases of the medical examiniation will be conducted at various locations by certified examiners approved by the Director, Life Sciences Division, NASA Headquarters.

(4) The Official-in-Charge of the sponsoring Program Office will request that the Director of the Johnson Space Center supply the names and qualifications of appropriate mission specialists who are available to serve as payload specialists for the flight under consideration. These candidates will be considered by the IWG along with all other candidates.

(5) The Official-in-Chase of a sponsoring Program Office is authorized to select a payload specialist(s) as a part of or incident to the acquisition or selection of an investigation(s) for flight. Generally, this authority will be exercised when an IWG has not been convened for this purpose, the investigation(s) is unrelated by nature of its source or objective to the IWG's principal efforts, or other circumstance warrants such approach. In making such selection, the Official-inCharge of the sponsoring Program Office is to consider the availability of mission specialists as required in paragraph (b)(4) of this section.

(c) Approval of payload specialists. The IWG will submit its payload specialist selections through the mission

manager to the Official-in-Charge of the sponsoring Program Office for approval. The Official-in-Charge of the sponsoring Program Office will assure appropriate arrangements are made for the assignment of Government employees.

(d) Preflight activities. (1)(i) The payload specialist(s) in each assigned position will undergo training required to support the payload elements assigned to that position.

(ii) The IWG is responsible for defining the training necessary for payload elements within its cognizance. The mission manager will assist as necessary in carrying out these IWG defined activities and is responsible for the total integrated payload operations training.

(iii) The Office of Space Transportation Systems (STS) is responsible for training the payload specialists on those Orbiter, Spacelab, Interim Upper Stage, and/or payload support systems which do not vary with the payload being flown; the Office of STS will provide certification to the mission manager of the payload specialists' readiness for flight.

(iv) The mission manager is responsible for verifying that the payload specialists are properly trained for flight including payload and STS requirements.

(2) The medical program for payload specialists will be continued during the preflight period in accordance with the NASA Class III Space Flight Medical Selection Standards.

(3) If during the preflight period the number of payload specialists is reduced to fewer than that desired by the IWG, the IWG will initiate the necessary reprocessing to provide replacements.

(e) Designation of primary and backup payload specialists (when required). At an appropriate time designated by the mission manager, the IWG will determine which payload specialists are primary and which are backup. The designations will be forwarded through the mission manager to the Official-in-Charge of the sponsoring Program Office for approval. Consideration will be given to proficiency in both payload operations and