§1214.305 Payload specialist responsibilities.

(a) Operation of payload elements. The payload specialist will be responsible for the operation of the assigned payload elements. The payload specialist is responsible to the authority of the mission specialist and operates in compliance with mission rules and Payload Operation Control Center directives. Onboard decisions concerning assigned payload operations will be made by the payload specialist. A payload specialist may be designated to resolve conflicts between payload elements and approve such deviations from the flight plan as may arise from equipment failures or STS factors. In the instance of STS factors, the mission specialist will present the available options for decisions by the payload specialist.

(b) Operation of STS equipment. The payload specialist will be responsible for knowing how to operate certain Orbiter systems, such as hatches, food and hygiene systems, and for proficiency in those normal and emergency procedures which are required for safe crew operations.

(c) Relationship with flight crew. The responsibility for on-orbit management of Orbiter systems and attached payload support systems and for extravehicular activity and payload manipulation with the Remote Manipulator System will est with the flight crew since extensive training is required for safe and efficient operation of these systems. In general, the flight crew will operate Orbiter systems and standard payload support systems, such as Spacelab and Interim Upper Stage systems; the mission specialist and/or payload specialists will operate payload support systems which have an extensive interface with the payload.

§1214.306 Payload specialist relationship

with sponsoring institutions.

A payload specialist who is not a U.S. Government employee must have entered into a contractual or other arrangement establishing an obligatory relationship with an institution par

ticipating in the payload prior to entering into training at a NASA installation or NASA designated location. It is not the intention of NASA to enter into any direct contractual or other arrangement with payload specialists. Any exception must be approved by the Official-in-Charge of the sponsoring Program Office with the concurrence of the NASA General Counsel and the Director of Procurement.

Subpart 1214.5-Space Transportation System Personnel Reliability Program

AUTHORITY: The National Aeronautics and Space Act of 1958, as amended, 72 Stat. 426, 42 U.S.C. 2451 et seq.

SOURCE: 44 FR 39384, July 6, 1979, unless otherwise noted.

§ 1214.500 Scope.

This Subpart 1214.5 establishes a program designed to ensure that personnel assigned to mission-critical positions in connection with the Space Transportation System meet established screening requirements. This program supplements the DOD and NASA program requirements for security clearances.

§ 1214.501 Applicability.

(a) This regulation applies to NASA Headquarters and field installations whose personnel are engaged in activities that are critical to the success of Space Transportation missions.

(b) The provisions of the regulation apply to all personnel assigned to mission-critical positions in connection with the Space Transportation System.

(c) This regulation does not include flight crew or payload specialists when covered by other NASA Management Instructions which have equivalent screening requirements.

§ 1214.502 Definitions.

(a) Mission-Critical Position. Any position requiring physical access to the vehicle, or command capability through the Launch Processing System or the Mission Control Center as well as any other positions wherein the concerned NASA installation de

termines that faulty, negligent or malicious actions could result in a program contingency.

(b) Two-Person Concept. The practice of requiring the presence of two authorized persons, each capable of detecting incorrect or unauthorized procedures, during the performance of tasks or operations vital to the Space Shuttle.

(c) Medical Authority. A NASA civil service or contract physician responsible for reviewing medical records, providing results of medical evaluations and interpreting evaluations as they relate to reliable performance of mission-critical duties.

(d) Program Contingency. Any prograni-related failure, accident or incident that significantly delays or jeopardizes the program or a mission, prevents accomplishment of a major mission objective or terminates a mission prematurely.

§ 1214.503 Policy.

(a) The Space Transportation System is a national resource providing a capability to support a wide range of scientific, applications, commercial, defense and international uses. Since it will contribute significantly to ensuring a scientifically, technologically and economically strong and secure nation, the interest of the national security, as well as program reliability, operational and safety considerations require that extraordinary measures be taken to provide for the protection c: the system. (b) Measures to ensure this protection are:

(1) Special physical security provisions,

(2) Two-person concept of operations in connection with selected, most vital pre-launch and post-launch tasks, and (3) Procedures to ensure that personnel assigned to perform missioncritical duties meet specified screening requirements.

§ 1214.504 Screening requirements.

(a) Only those persons shall be assigned to, employed in, or retained in mission-critical positions who have been determined to be competent and reliable in the performance of their assigned duties pursuant to the screen

ing requirements of this section, and whose assignment, employment or retention is clearly consistent with optimum Space Transportation System safety and security.

(b) Determinations of acceptability for assignments to mission-critical positions shall be made on the basis of the following criteria:

(1) Ability to perform mission-critical duties as evidenced by performance during training, simulations and on the job.

(2) An initial medical evaluation of the individual and as necessary thereafter, but not less than every two years, to ensure health is adequate for reliable performance of mission-critical duties. The medical evaluation by competent medical authority may be made by:

(i) Medical history and records which are sufficiently comprehensive and current for the purpose; or

(ii) An appropriate medical examination.

(3) Verification of the existence of a current personnel security clearance at the level commensurate with the classification of the information required in the position.

(4) A review of the results of a National Agency Check (including a name check of the FBI fingerprint records) completed within the past five years. When the National Agency Check indicates that a more extensive investigation has been completed, the results of that investigation will also be reviewed.

(5) Local agency checks as appropriate.

§ 1214.505 Program implementation.

(a) Each NASA installation to which this regulation is applicable will identify positions occupied by personnel assigned to mission-critical duties. The number of positions so identified must be the absolute minimum necessary to meet operational requirements. The unnecessary designation of such positions not only increases the costs required to administer the program, but also reduces its total effectiveness.

(b) Each NASA installation to which this regulation is applicable will establish:

(1) A certification system acceptable to the Associate Administrator for Space Transportation Systems to ensure that the screening requirements of this instruction are met for designated mission-critical positions. The certification system is to provide for the issuance of a NASA identification for each authorized individual who passes the prescribed requirements; and

(2) A management review process to validate the objectivity of individual certification determinations and ensure that reassignments or other personnel actions taken pursuant to this regulation are duly processed under the appropriate personnel policies and procedures applicable to each individual; and

(3) Appropriate procedures for review of certification determinations which shall be provided to affected individuals.

(c) The launch centers, in conjunction with other involved NASA centers, contractors or agencies, will identify the vital pre-launch and postlaunch tasks where the two-person concept of operations should be used.

(d) The full intent of the provisions of this regulation will be incorporated in any contract under which contractor employees will be assigned to mission-critical positions. An appropriate procurement provision is being separately prepared for this area.

(e) NASA Headquarters (OSTS) will periodically review the program to assure reasonable uniformity in implementation procedures and the identification of mission-critical positions.

Subpart 1214.6-Articles Authorized To Be Carried on Space Transportation System Flights

AUTHORITY: Pub. L. 85-568, 72 Stat. 426, 42 U.S.C. 2473(c).

SOURCE: 43 FR 49979, Oct. 26, 1978, unless otherwise noted.

§ 1214.600 Scope.

This subpart established policy, procedures, and responsibilities governing the selection, approval, packing, storage, post-flight disposition, and public announcement of articles authorized

to be carried on space transportation system flights.

§ 1214.601 Definitions.

(a) The official flight kit contains selected items such as flags, patches, medallions, and other memorabilia to be presented to Government officials, Members of the Congress, and others who receive such awards as a result of individual contributions to the space program, as determined by the Administrator.

(b) The personal preference kit contains individual items of a personal nature selected by each individual who participates on a space transportation system flight.

(c) The flight crew consists of the commander, pilot, and mission specialist(s).

(d) A payload specialist is an individual selected to operate assigned payload elements on a specific space transportation system flight.

§ 1214.602 Policy.

Articles authorized to be carried on a space transportation system flight, other than articles related to the execution of a mission, are limited to those items approved by the Administrator for carrying in the official flight kit or a personal preference kit, in accordance with the requirements of this subpart.

§ 1214.603 Approval and disposition of contents of the official flight kit.

(a) Proposed contents. Both the Director, Johnson Space Center, and the program Associate Administrator responsible for payload mission management for a given flight shall suggest items for inclusion in the official flight kit to the associate administrator for space transportation systems.

(b) Recommendation by Associate Administrator for Space Transportation Systems. The Associate Administrator for Space Transportation Systems shall recommend to the Administrator a final list to be included in the official flight kit.

(c) Disposition of kit. Once the flight is completed the contents of the official flight kit shall be forwarded by the Director, Johnson Space Center, through the Associate Administrator

for Space Transportation Systems, to the Administrator.

(d) Approval authority. The Administrator shall make all decisions concerning the contents and disposition of the official flight kit.

§ 1214.604 Policy on personal preference kits.

(a) Purpose. Each individual who participates on a flight, including flight crew members and payload specialists, shall be permitted to carry certain items of a personal nature in his/her personal preference kit on each space transportation system

flight for use by him/her as personal gifts for immediate family and relatives (spouses, children, parents, inlaws, siblings) or close friends. No more than one article may be given to one individual.

(b) Limit on number of items. No more than 20 items will be included in the personal preference kit.

(c) Weight limitations. Each personal preference kit will be limited to 1.5 pounds which limitation may be reduced on a given flight because of overall weight considerations, if approved by the Associate Administrator for Space Transportation Systems upon the recommendation of the Director, Flight Operations, Johnson Space Center. Under no circumstances will an increase in the limitation be authorized.

(d) Sale or commercial use prohibited. Items carried in the personal preference kit shall not be ld or transferred for sale, or used, or transferred for economic gain or for any commercial or fund-raising purpose. Items will not be approved for carrying that by their nature may lend themselves to exploitation by the recipients, create problems with respect to good taste, or have a known or suspected commercial value, such as philatelic covers and coins.

(e) Certification required. At the time a list of proposed contents is submitted, each individual desiring to carry a personal preference kit shall make the following written agreement:

In compliance with the requirements of 14 CFR 1214.6-Articles Authorized to be Carried on Space Transportation System Flights-I submit this certification along

with my proposed list of items to be carried in my Personal Preference Kit on (applicable flight).

1. I have read and understand the requirements of 14 CFR 1214.6 and agree to comply with those requirements.

2. My proposed list of items to be carried in my personal preference kit complies with the requirements.

3. Other than items approved by the A1ministrator for inclusion in my personal preference kit, I will carry no other items for use by myself or anyone else.

4. The items carried in my personal preference kit will be used as personal gifts. I will present no more than one item to an individual. The items will not be sold or transferred for sale, or used, or transferred for economic gain or for any commercial or fund-raising purpose.

5. I understand and agree that if I carry an item in violation of the requirements of 14 CFR 1214.6, that item will become the property of the U.S. Government, and that I may be subject to disciplinary or appropriate legal action.

6. I understand and agree that I assume the risk of loss for items carried in my kit, no matter what the cause.

(Signature)

(f) Violations. Any item carried in violation of the requirements of this subpart shall become the property of the U.S. Government subject to applicable Federal laws and regulations.

(g) Exceptions. The Administrator may make exceptions to the policy of this section on personal preference kits by not permitting an individual to carry a preference kit. Flight crew members and payload specialists will not receive any U.S. Government or other property carried on the flight unless it is property contained in a personal preference kit.

§ 1214.605 Safety requirements.

Items included in the official flightkit and personal preference kits shall meet the safety requirements of the NASA Headquarters document "Safety Policy and Requirements for Payloads Using the STS."

§ 1214.606 Procedures for approval of contents of personal preference kits.

(a) Individual submits list. At least 60 days before the scheduled launch date an individual desiring to carry a personal preference kit shall provide

the Director, Flight Operations, Johnson Space Center, a list with the following information:

(1) A description of each item proposed to be included;

(2) The intended recipient of each item and his/her relationship;

(3) The certification required by § 1214.604(e).

In the case of a payload specialist, thelist shall first be approved by the program Associate Administrator responsible for the payload mission management.

(b) Action by Johnson Space Center. The Director, Flight Operations, Johnson Space Center, shall review the lists for compliance with this subpart, and will submit them with weight data through the Director, Johnson Space Center, to the Associate Administrator for Space Transportation Systems, not later than 45 days before the scheduled launch date.

(c) Action by headquarters. The Associate Administrator for Space Transportation Systems shall submit the lists with his/her recommendation to the Administrator for approval. A final decision will be made not later than 30 days before the scheduled launch date.

(d) Approved list. A copy of each approved list, including the required certification, shall be provided to the individual requesting, as well as the Associate Administrator for External Relations, the Associate dministrator for Space Transportation Systems, the General Counsel and the Director, Johnson Space Center.

§ 1214.607 Preflight packaging and storage of kits.

The Director, Flight Operations, Johnson Space Center, shall:

(a) Insure that the official flight kit and the personal preference kits are packaged and sealed in the Director's presence and that the contents of each kit correspond with the lists approved by the Administrator;

(b) Verify that each kit meets the weight requirements of § 1214.604(c);

(c) Place the packed kits in bonded storage not less than 21 days before the scheduled launch date; and

(d) Certify in writing to the Associate Administrator for Space Transportation Systems, through the Director, Johnson Space Center, that the above actions have taken place.

§ 1214.608 Public announcements of contents of kits.

(a) Official flight kit. The contents of the official flight kit shall be announced in a NASA press release no later than 30 days after the flight has been completed.

(b) Personal preference kits. The contents of each personal preference kit shall be announced in a NASA press release no later than 30 days after the flight has been completed. At the request of the individual the contents of his/her kit may be announced sooner by NASA, but only after the contents of the kit have been approved by the Administrator.

(c) Responsibility. The Associate Administrator for External Relations is responsible for insuring that the required press releases are issued.

(d) Inquiries before announcements. The Director, Flight Operations, Johnson Space Center, will respond to all inquiries concerning the contents of the kits prior to the required press releases being issued.

§ 1214.609 Disposition of kits after flight. The Director, Flight Operations, Johnson Space Center, shall:

(a) Insure the removal and safekeeping of the kits following the flight;

(b) Return the personal preference kits to the individuals to whom they belong; and

(c) Forward the official flight kit as required by § 1214.603(c).

§ 1214.610 Loss or theft.

(a) Responsibility. Each individual who carries a personal preference kit assumes the risk of loss for that kit or any item in it, regardless of the cause. The National Aeronautics and Space Administration shall not be responsible for the loss, theft of, or damage to a personal preference kit.

(b) Report of loss of theft. Any NASA employee who becomes aware that an item contained in a personal preference kit or the official flight kit has been lost or is missing shall immedi