§ 1204.1401 Definitions.

For the purpose of this Subpart 1204.14 the following definitions apply:

(a) NASA airfield facility. Those aeronautical facilities owned and operated by NASA that consist of the following:

(1) Shuttle Landing Facility. The aeronautical facility which is a part of the John F. Kennedy Space Center, Kennedy Space Center, Fla., and is located at 80°41′ west longitude and 28°37' north latitude.

(2) Wallops Airport. The aeronautical facility which is part of the Wallops Flight Center, NASA, Wallops Island, Va., and is located at 75°28' west longitude and 37°56′ north latitude in the general vicinity of Chincoteague, Virginia.

(b) Aircraft not operated for the benefit of the Federal Government. Aircraft which are not owned by the United States Government or aircraft carrying crew members or passengers who do not have official business requiring the use of a NASA airfield facility in the particular circumstances in question.

(c) Official Business. Business, in the interest of the U.S. Government, which personnel aboard an aircraft must transact with U.S. Government personnel or organizations at or near a NASA facility. The use of a NASA airfield facility by transient aircraft to petition for U.S. Government business or to obtain clearance, servicing, or other items pertaining to itinerant operations is not considered official busi

ness.

(d) User. An individual, partnership, or corporation owning, operating, or using an aircraft not operated for the benefit of the Federal Government in whose name permission to use a NASA airfield facility is to be requested and granted.

(e) Hold Harmless Agreement. An agreementecuted by the user by which the user acknowledges his awareness of the conditions of the permission to use a NASA airfield facility, assumes any risks connected therewith, and releases the U.S. Government from all liability incurred by his use of such facility.

(f) Use Permit. The written permission signed by the authorized approving official to land, take off, and otherwise use a NASA airfield facility. Such use permit may be issued for single or multiple occasions. The specific terms of the use permit and the provisions of this Subpart govern the use which may be made of the airport by aircraft not operated for the benefit of the Federal Government.

(g) Certificate of Insurance. A certificate signed by an authorized insurance company representative (or a facsimile of an insurance policy) evidencing that insurance is then in force with respect to any aircraft not operated for the benefit of the Federal Government, the user of which is requesting permission to use a NASA airfield facility (see § 1204.1404 (b)).

§ 1204.1402 Policy.

(a) NASA is not engaged in a public or quasi-public enterprise; and, hence, any use of airfield facilities by aircraft not operated for the benefit of the Federal Government shall be within the sole discretion of the approving authorities.

(b) Except in the event of a declared in-flight emergency (se § 1204.1406) or for other compelling reasons as determined by an approving authority, aircraft not operated for the benefit of the Federal Government are not permitted to land or otherwise use NASA airfield facilities.

(c) Any use of a NASA airfield facility by aircraft not operated for the benefit of the Federal Government shall be gratuitous and no consideration (monetary or otherwise) shall be exacted or received by NASA for such use. However, each user, as a condition of receiving permission to use such airfield facility, shall agree to familiarize himself with the physical condition of the airfield; abide by the conditions placed upon such use; subject his aircraft, himself, and those accompanying him to any requirements imposed by NASA in the interest of security and safety while the aircraft or persons are on a NASA facility; use the facilities entirely at his own risk; hold the Federal Government harmless with respect to any and all liabilities which may arise as a result of his use

of the facilities; and carry insurance in an amount which is deemed adequate by NASA.

(d) Permission to use a NASA airfield facility will be granted only when there are compelling reasons for such use as determined by an approving authority and then only when such use will not compete with another airport in the vicinity which imposes landing fees or other user charges.

(e) In no event (except an in-flight emergency-see § 1204.1406) will permission to use NASA airfield facilities be granted to an aircraft arriving directly from, or destined for, any location outside the continental United States.

(f) Permission to use NASA airfields may be granted only to those users having the legal capacity to contract and whose aircraft are in full compliance with applicable Federal Aviation Administration or other cognizant regulatory agency requirements.

(g) Permission to use NASA airfields, except in connection with a declared in-flight emergency, will consist only of the right to land, park an aircraft, and subsequently take off. NASA is not equipped to provide any other services such as maintenance or fuel and such services will not be provided except following an in-flight emergenсу.

§ 1204.1403 Available airport facilities.

The facilities available vary at each NASA installation having an airfield. The airport facilities available are:

(a) Shuttle Landing Facility-(1) Runways. Runway 15-33 is 15,000 feet long and 300 feet wide with 1,000-foot overruns. The runway is grooved for improved braking under wet conditions.

(2) Parking Area and Hangar Space. No hangar space is available. Very limited concrete parking ramp space may be made available for short periods.

(3) Contro Tower. There is no permanent control tower at the Shuttle Landing Facility; however, a temporary tower is planned to be operational at selected times. The FAA has reserved frequencies 126.3 and 296.8 MHz for that purpose. When the tower is in operation, FAA regulations pertaining to the operation of aircraft

at airports with an operating control tower (§ 91.87 of this title) will apply. When the tower is not in operation, the FAA regulations pertaining to the operation of aircraft at airports without an operating control tower (§ 91.89 of this title) will apply.

(4) Navigation aids. There are no radio navigation aids. Runway approach lighting (similar to Cat II ALSF-2), center-line lights, edge lights and touchdown zone lights are available by prior arrangement.

(5) Hazards. There are towers and buildings south and southeast of the facility that could pose hazards to air navigation. All are marked with obstruction lights.

(6) Emergency Equipment. Fire, crash and rescue equipment is available at Kennedy Space Center 24 hours per day, but will not be available at the runway except by prior arrangement.

(b) Wallops Airport—(1) Runways. There are three hard surfaced runways in satisfactory condition. The runways and taxiways are concrete and/or asphalt. Runway 10-28 is 8,000 feet long, 200 feet wide with maximum wheel load of 57,500 pounds; Runway 04-22 is 8,750 feet long, 150 feet wide with maximum wheel load of 57,500 pounds; and Runway 17-35 is 4,820 feet long, 150 feet wide with maximum wheel load of 14,700 pounds.

(2) Parking Areas and Hangar Space. No hangar space is available. However, concrete parking ramp space is available as directed by Tower.

(3) Control Tower. The control tower is normally manned from 0730-1730 local time, Monday through Friday only, legal holidays excluded. When the tower is manned and in operation at airports with operating control towers, § 91.87 of this title will apply. The tower may be contacted on 394.3 MHz or 126.5 MHz. At all times when the tower is not manned, FAA rules pertaining to the operation at airports without control towers (§ 91.89 of this title) will apply.

(4) Navigation Aids. Runway and taxiway lights on runway and taxiway 04-22 and 10-28 only. Specific request must be made of the control tower or Salisbury Flight Service Station to have these lights turned on. Lighted

red obstruction lights on all airfield obstructions.

(5) Physical Hazards. Numerous towers in airport vicinity up to 241 feet above ground level.

(6) Emergency Equipment. Crash and fire equipment normally on duty from 0730-1730 local time, Monday through Friday only, legal holidays excluded.

(c) Other Facilities. No facilities or services other than those described above are available except on an individual emergency basis to any user.

(d) Status of Facilities. Change to the status of the above facilities will be published in the appropriate current aeronautical publications.

§ 1204.1404 Requests for use of NASA airfield facilities.

(a) Request for use of a NASA airfield, whether on a one-time or recurring basis, must be in writing and addressed to the appropriate airfield manager, namely:

(1) Shuttle Landing Facility-Manager, Shuttle Landing Facility, Director of Technical Support, John F. Kennedy Space Center, Kennedy Space Center, Florida 32899.

(2) Wallops Airport-Airport Manager, Wallops Flight Center, NASA, Wallops Island, Va. 23337.

(b) Such requests will:

(1) Identify the prospective user and aircraft fully, including number of passengers and cargo on board.

(2) State the purpose of the proposed use and the reason why the use of the NASA airfield is proposed rather than a commercial airport,

(3) Indicate the number and approximate date(s) and time(s) of such proposed use, and

(4) State that the prospective user is familiar with the provisions of this Subpart 1204.14 and is prepared to fully comply with its terms and the use permit which may be issued.

(c) Upon receipt of the written request for permission to use the airport, the airfield manager will request additional information, if necessary, and forward the required Hold Harmless Agreement for execution by the requestor or forward, where appropriate, a denial of the request.

(d) The signed original of the Hold Harmless Agreement shall be returned to the airfield manager, and a copy retained in the aircraft at all times. Such copy shall be exhibited upon proper demand by any NASA official. (e) At the same time that the prospective user returns the executed original of the Hold Harmless Agreement, he shall forward to the airfield manager the required Certificate of Insurance and waiver of rights to subrogation. Such certificate shall evidence that, during any period for which a permit to use is being requested, the prospective user has in force a policy of insurance covering liability to others in amounts not less than those listed in the Hold Harmless Agreement.

(f) When the documents (in form and substance) required by paragraphs (b) through (e) of this section have been received, they will be forwarded with a proposed use permit to the approving authority for action.

(g) The airfield manager will forward the executed use permit or notification of denial thereof to the prospective user after the approving authority has acted.

§ 1204.1405 Approving authority.

The authority to approve or disapprove the use of the NASA airfield facilities subject to the terms and conditions of this Subpart 1204.14 is vested in:

(a) Shuttle Landing Facility-Director of Technical Support, Kennedy Space Center, NASA.

(b) Wallops Airport-Director, Wallops Flight Center, NASA.

§ 1204.1406 Procedures in the event of a declared in-flight emergency.

(a) Any aircraft involved in a declared in-flight emergency that endangers the safety of its passengers and aircraft may land at a NASA airfield. In such situations, the requirements of this Subpart 1204.14 for advance authorizations, etc., do not apply.

(b) NASA personnel may use any method or means to clear the aircraft or wreckage from the runway after a landing following an in-flight emergency. Care will be taken to preclude unnecessary damage in so doing. How

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ever, the runway will be cleared as soon as possible for appropriate use.

(c) The emergency user will be billed for all costs to the Government that result from the emergency landing. No landing fee will be charged, but the charges will include the labor, materials, parts, use of equipment, tools, etc., required for any service rendered under these circumstances.

(d) In addition to any report required by the Federal Aviation Administration, a complete report covering the landing and the emergency will be filed with the airfield manager by the pilot, or, if he is not available, any other crew member or passenger.

(e) Before an aircraft which has made an emergency landing is permitted to take off (if the aircraft can and is to be flown out) the owner or operator thereof shall make arrangements acceptable to the approving authority to pay any charges assessed for services rendered and execute a Hold Harmless Agreement. He may also be required to furnish a certificate of insurance, as provided in § 1204.1404, covering such take off.

§ 1204.1407 Procedure in the event of an unauthorized use.

Any aircraft not operated for the benefit of the Federal Government which lands at a NASA airfield facility without obtaining prior permission from the approving authority, except in a bona fide emergency, is in violation of this Subpart 1204.14. Such aircraft will experience delays while authorization for departure is obtained pursuant to this subpart and may, contrary to the other provisions of this subpart, be required, in the discretion of the approving authority, to pay a user fee of not less than $100. Before the aircraft is permitted to depart, the approving authority will require full compliance with this subpart, including the filing of a complete report explaining the reasons for the unauthorized landing. When it appears that the violation of this Subpart 1204.13 was deliberate or is a repeated violation, the matter will be referred to NASA Headquarters, which will then grant any departure authorization.

Subpart 15-Coordination of NASA Facilities Planning and Projects

AUTHORITY: Sec. 1216.103 (National Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.); E.O. 11514, Mar. 5, 1970 (3 CFR 271 (1974)); Council on Environmental Quality Guidelines, Aug. 1, 1973 (40 CFR 1500); OMB Circular A-106 (40 FR 1325, Jan. 7, 1975); E.O. 11752, Dec. 17, 1973 (3 CFR 380 (1974)); and E.O. 11738, Sept. 10, 1973 (3 CFR 373 (1974))); OMB Circular A95 (41 FR 2052-2065, Jan. 13, 1976); Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.); Title IV of the Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4231, et seq.); sec. 204 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3334).

SOURCE: 41 FR 8339, Feb. 26, 1976, unless otherwise noted.

clearinghouses for coordinating Federal and civilian planning (see Appendix A). Rehabilitation and modification projects and minor additions not having any significant impact on the conservation and development plans and programs in the area in which the project is to be located may be excluded from the coordination provisions.

(b) Assure that any such project is consistent or compatible with state, areawide, and local development plans and programs, and make exceptions only where there is clear justification. Such exceptions will be documented.

(c) Use the state and areawide planning and development clearinghouses as noted in OMB Circular A-95 for coordination of planning to the greatest extent possible, to effectuate the above requirements.

(d) Prepare environmental impact statements and provide an opportunity for review and comment as set forth in § 1204.1103, including but not limited to, state, areawide and local agencies authorized to develop and enforce environmental standards.

(e) In the case of projects located in the Coastal Zone, provide the state agency responsible for administration of the state approved program for the management of the Coastal Zone with the opportunity to review the relationship of the proposed project to such program and its consistency therewith.

§ 1204.1503 Inclusion of clearinghouse comments.

Include all clearinghouse comments, if any, with the plan and budget request.

APPENDIX A

ITEMS TO COVER IN MEMORANDA OF AGREEMENT The items to be covered in Memoranda of Agreement between NASA Installations and state and areawide OMB Circular A-95 clearinghouses for coordinating NASA and civilian planning:

1. Clearinghouses will be contacted at the earliest practicable point in project planning. Generally, this will be during the preparation of Preliminary Engineering Reports, or possibly earlier if meaningful information is available that could practically serve as an input in the decision-making process. It should be noted that clearing

houses are generally comprehensive planning agencies. As such, they are often the best repositories of information required for development planning and constitute a resource that can often save Federal planners substantial time and effort, if consulted early enough. In addition to providing information necessary for preliminary engineering, clearinghouses can make useful inputs to the development of environmental impact statements, as well as in reviewing draft statements. Thus, consultation at the earliest stage in planning can have substantial payoffs in installation development.

2. Clearinghouses will be afforded a minimum time of 30 days in which to review and comment on a proposed project and a maximum time of 45 days in which to complete such review.

3. The minimum information to be provided to the clearinghouse will consist of project description, scope and purpose, summary technical data, maps and diagrams where relevant, and any data which would show the relationship of the proposed project or action to applicable land use plans, policies, and controls for the affected area. 4. Establish procedures for notifying clearinghouses of the actions taken on projects, such as implementation, timing, postponement, abandonment, and explaining, where appropriate, actions taken contrary to clearinghouse recommendations.

PART 1205-SPACE SCIENCE FLIGHT

INVESTIGATIONS

Subpart 1205.1-Policy Concerning Data Obtained From Space Science Flight Investigations

Sec.

1205.100 Scope.

1205.101 Policy.

1205.102 Responsibility.

1205.103 Support of research.

Appendix A-Glossary of terms and abbreviations.

Appendix B-Functions and operation of National Space Science Data Center. AUTHORITY: 42 U.S.C. 2454.

SOURCE: 43 FR 18646, May 2, 1978, unless otherwise noted.

Subpart 1205.1-Policy Concerning Data Obtained From Space Science Flight Investigations

§ 1205.100 Scope.

(a) This subpart continues the policy and responsibilities for reduction, analysis, reposition, preservation, and dissemination of data obtained from