(d) Late payments by the user will require the user to pay a late payment charge equal to 12% per month of the unpaid balance calculated daily from the date the payment was due until the date payment is made. APPENDIX A TO PART 1215-ESTIMATED SERVICE RATES IN 1997 DOLLARS FOR TDRSS STANDARD SERVICES (BASED ON NASA ESCALATION ESTIMATE) TDRSS user service rates for services rendered in CY-97 based on current projections in 1997 dollars are as follows: 1. Single Access Service-Forward command, return telemetry, or tracking, or any combination of these, the base rate is $184.00 per minute for non-U.S. Government users. 2. Multiple Access Forward Service-Base rate is $42.00 per minute for non-U.S. Government users. 3. Multiple Access Return Service-Base rate is $13.00 per minute for non-U.S. Government users. Due to the advent of commercial launch service customers, an addendum will be required to reflect rates for service rendered under the Commercial Space Launch Act (CSLA). Due to statutory requirements, the rates are slightly different for CSLA customers. CSLA customer rates: 1. Single Access Service-Base rate is $180 per minute for CSLA users. 2. Multiple Access Forward Service-Base rate is $39 per minute for CSLA users. 3. Multiple Access Return Service-Base rate is $13 per minute for CSLA users. [61 FR 46713, Sept. 5, 1996] APPENDIX B TO PART 1215-FACTORS AFFECTING STANDARD CHARGES Charges for services shall be determined by multiplying the factors below by the base rates for standard services set forth in appendix A. APPENDIX C TO PART 1215-TYPICAL USER ACTIVITY TIMELINE Time (approximate) Project conceptualization (At least 3 years before launch; Ref. § 1215.108(a)). 3 years before 18 months before launch (earlier if interfacing is expected).. 3 weeks prior to a scheduled support period (SSP). 2 weeks prior to an SSP. Activity Request NASA Headquarters perform Submit general user requirements to Submit scheduling request to GSFC § 1215.109(b)(2)). Acknowledgement to GSFC required. Up to 12 hours prior Can cancel an SSP without charge to an SSP.. Up to 45 minutes prior to an SPP.. Between SSP minus 45 minutes and the SSP.. Real-Time. (Ref. § 1215.113(a)(1)). Can schedule an SSP if a time slot is available without impacting another user. Schedule requests will be charged at the disruptive update rate (Ref. § 1215.109(b)(5)). Emergency service requests will be responded to per the priority system (Ref. § 1215.109(b)(3)) and assessed the emergency service rate. [56 FR 28049, June 19, 1991] PART 1216-ENVIRONMENTAL QUALITY Subpart 1216.1-Policy on Environmental Quality and Control Sec. 1216.100 Scope. 1216.101 Applicability. 1216.102 Policy. 1216.103 Responsibilities of NASA officials. 1216.200 Scope. Subpart 1216.2-Floodplain and Wetlands Management 1216.201 Applicability. 1216.202 Responsibility of NASA officials. 1216.203 Definition of key terms. AUTHORITY: The National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2451 et seq.); the National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.); the Environmental Quality Improvement Act of 1970, as amended (42 U.S.C. 4371 et seq.); sec. 309 the Clean Air Act, as amended (42 U.S.C. 7609); E.O. 11514 (Mar. 5, 1970, as amended by E.O. 11991, May 24, 1977); the Council on Environmental Quality NEPA Regulations (40 CFR part 1500-1508); and E.O. 12114, Jan. 4, 1979 (44 FR 1957). SOURCE: 44 FR 44485, July 30, 1979, unless otherwise noted. § 1216.100 Scope. This subpart sets forth NASA policy on environmental quality and control and the responsibilities of NASA officials in carrying out these policies. § 1216.101 Applicability. This subpart is applicable to NASA Headquarters and field installations. § 1216.102 Policy. NASA policy is to: (a) Use all practicable means, consistent with NASA's statutory authority, available resources, and the national policy, to protect and enhance the quality of the environment; (b) Provide for proper attention to and ensure that environmental amenities and values are given appropriate consideration in all NASA actions, including those performed under contract, grant, lease, or permit; (c) Recognize the worldwide and longrange character of environmental concerns and, when consistent with the foreign policy of the United States and its own responsibilities, lend appropriate support to initiatives, resolutions, and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of the world environment; (d) Use systematic and timely approaches which will ensure the integrated use of the natural and social sciences and environmental design arts in planning and decisionmaking for actions which may have an impact on the human environment; (e) Pursue research and development, within the scope of NASA's authority or in response to authorized agencies, for application of technologies useful in the protection and enhancement of environmental quality; (f) Initiate and utilize ecological and other environmental information in the planning and development of resource-oriented projects; and (g) Invite cooperation, where appropriate, from Federal, State, local, and regional authorities and the public in NASA planning and decisionmaking processes. § 1216.103 Responsibilities of NASA officials. (a) The Associate Administrator for Management or designee shall: (1) Coordinate the formulation and revision of NASA policies and positions on matters pertaining to environmental protection and enhancement; (2) Represent NASA in working with other governmental agencies and interagency organizations to formulate, revise, and achieve uniform understanding and application of governmentwide policies relating to the environment; (3) Develop and ensure the implementation of agencywide standards, procedures, and working relationships for protection and enhancement of environmental quality and compliance with applicable laws and regulations; (4) Develop, as an integral part of NASA's basic decision processes, procedures to ensure that environmental factors are properly considered in all proposals and decisions; (5) Establish and maintain working relationships with the Council on Environmental Quality, Environmental Protection Agency, and other national, state, and local governmental agencies concerned with environmental matters; (6) Acquire information for and ensure the preparation of appropriate NASA reports on environmental matters. (b) Officials-in-Charge of Headquarters Offices and NASA Field Installation Directors are responsible for: (1) Identifying matters under their cognizance which may affect protection and enhancement of environmental quality and for employing the proper procedures to ensure that necessary actions are taken to meet the requirements of applicable laws and regulations; (2) Coordinating environmental quality-related activities under their cognizance with the Associate Administrator for Management; and (3) Supporting and assisting the Associate Administrator for Management on request. (c) Officials-in-Charge of Headquarters Offices are additionally responsible for: (1) Giving high priority, in the pursuit of program objectives, to the identification, analysis, and proposal of research and development which, if conducted by NASA or other agencies, may contribute to the achievement of beneficial environmental objectives; and (2) In coordination with the Associate Administrator for Management, making available to other parties, both governmental and nongovernmental, advice and information useful in protecting and enhancing the quality of the environment. (d) NASA Field Installation Directors are additionally responsible for: (1) Implementing the NASA policies, standards and procedures for the protection and enhancement of environmental quality and supplementing them as appropriate in local circumstances; (2) Specifically assigning responsibilities for environmental activities under the installation's cognizance to appropriate subordinates, while providing for the coordination of all such activities; and (3) Establishing and maintaining working relationships with national, state, regional and governmental agencies responsible for environmental regulations in localities in which the field installations conduct their activities. [44 FR 44485, July 30, 1979, as amended at 53 FR 9760, Mar. 25, 1988] Subpart 1216.2-Floodplain and Wetlands Management AUTHORITY: E.O. 11988 and E.O. 11990, as amended; 42 U.S.C. 2473(c)(1). SOURCE: 44 FR 1089, Jan. 4, 1979, unless otherwise noted. § 1216.200 Scope. This subpart 1216.2 prescribes procedures to: (a) Avoid long- and short-term adverse impacts associated with the occupancy and modification of floodplains and wetlands; (b) Avoid direct or indirect support of floodplain and wetlands development wherever there is a practicable alternative; (c) Reduce the risk of flood loss; (d) Minimize the impact of floods on human health, safety and welfare; (e) Restore, preserve and protect the natural and beneficial values served by floodplains and wetlands; (f) Develop an integrated process to involve the public in the floodplain and wetlands management decision-making process; (g) Incorporate the Unified National Program for Flood Plain Management; and, (h) Establish internal management controls to monitor NASA actions to assure compliance with the Orders. § 1216.201 Applicability. These procedures are applicable to Federal lands and facilities under the management control of NASA Headquarters and field installations regardless of location. § 1216.202 Responsibility of NASA officials. (a) Directors of Field Installations and, as appropriate, the Associate Administrator for Management at NASA Headquarters, are responsible for implementing the requirements and procedures prescribed in §§1216.204 and 1216.205. (b) The Assistant Associate Administrator for Facilities Engineering, NASA Headquarters, is responsible for overall coordination of floodplain and wetlands management activities, and for conducting periodic on-site reviews of each Installation's floodplain and wetlands management activities, and for conducting periodic on-site reviews of each Installation's floodplain and wetlands management activities to assure compliance with the Executive orders. [53 FR 9760, Mar. 25, 1988, as amended at 56 FR 50506, Oct. 7, 1991] § 1216.203 Definition of key terms. (a) Action— any NASA activity including, but not limited to, acquisition, construction, modification, changes in land use, issuance of facilities use permits, and disposition of Federal lands and facilities. (b) Base flood- is that flood which has a one percent chance of occurrence in any given year (also known as a 100year flood). This term is used in the National Flood Insurance Program (NFIP) to indicate the minimum level of flooding to be used by a community in its floodplain management regulations. (c) Base floodplain— the 100-year floodplain (one percent chance floodplain). Also see definition of floodplain. (d) Critical action— any activity for which even a slight chance of flooding would be too great, such as storing lunar samples or highly toxic or water reactive materials. (e) Facility— any item made or placed by a person including buildings, structures and utility items, marine structures, bridges and other land development items, such as levees and drainage canals. (f) Flood or flooding— a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland and/ or tidal waters, and/or the unusual and rapid accumulation or runoff of surface waters from any source. (g) Flood fringe— that portion of the floodplain outside of the regulatory floodway (often referred to "floodway fringe”). as (h) Floodplain- the lowland and relatively flat areas adjoining inland and coastal waters including flood-prone areas of offshore islands, including at a minimum, that area subject to a one percent or greater chance of flooding in any given year. The base floodplain shall be used to designate the 100-year floodplain (one percent chance floodplain). The critical action floodplain is defined as the 500-year floodplain (0.2 percent chance floodplain). A large portion of NASA coastal floodplains also encompasses wetlands. (i) Floodproofing— the modification of individual structures and facilities, their sites, and their contents to protect against structural failure, to keep water out or to reduce the effects of water entry. (j) Minimize- to reduce to the smallest possible amount or degree. (k) One percent chance flood- the flood having one chance in 100 of being exceeded in any one-year period (a large flood). The likelihood of exceeding this magnitude increases in a time period longer than one year, e.g., there are two chances in three of a larger flood exceeding the one percent chance flood in a 100-year period. (1) Practicable- capable of being done within existing constraints. The test of what is practicable depends upon the situation and includes consideration of the pertinent factors, such as environment, cost or technology. 179-048 0-98--6 (m) Preserve to prevent modification to the natural floodplain environment or to maintain it as closely as possible to its natural state. (n) Regulatory floodway- the area regulated by Federal, State or local requirements; the channel of a river or other watercourse and the adjacent land areas that must be reserved in an open manner; i.e., unconfined or unobstructed either horizontally or vertically to provide for the discharge of the base flood so the cumulative increase in water surface elevation is no more than a designated amount (not to exceed one foot as set by the National Flood Insurance Program (NFIP)). (0) Restore to re-establish a setting or environment in which the natural functions of the floodplain can again operate. (p) Wetlands— those areas that are frequently inundated by surface or ground water and normally support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, river overflows, mud flats, wet meadows, and natural ponds. Because all NASA wetlands lie in floodplains, and for purposes of simplifying the procedures of this subpart, floodplains will be understood as to encompass wetlands, except in cases where wetlands factors require special consideration. (Also, see definition of floodplain.) (q) Support— actions which encourage or otherwise provide incentives to undertake floodplain or wetlands development, such as extending roads or utilities into or near a floodplain, therefore making floodplain development more feasible. § 1216.204 General implementation requirements. (a) Each NASA Field Installation shall prepare, if not already available, an Installation base floodplain map based on the latest information and advice of the appropriate District Engineer, Corps of Engineers, or, as appropriate, the Director of the Federal Emergency Management Agency. The map shall delineate the limits of both the 100-year and 500-year floodplains. A (b) For any proposed action or critical action, as defined in §1216.203(a), using the approved floodplain map, the Field Installation Director, while concurrently seeking to avoid the floodplain, shall determine if the proposed action will or will not be located in, or may indirectly impact or indirectly support development in, the base (substitute "500-year" for "base" in critical action cases) floodplain and proceed accordingly: (1) If the action or critical action will be located in the base floodplain or may indirectly impact or indirectly support floodplain development, and is not excepted under §1216.204(h), field installations will adhere to the procedures prescribed in § 1216.205. (2) If such action or critical action will not be located in the base floodplain, or is the type of action that will clearly nor indirectly impact or indirectly support floodplain development, the action may be implemented without further review or coordination, provided all other applicable NASA requirements and policies have been met. (c) Any request for new authorizations or appropriations transmitted to the Office of Management and Budget shall indicate, on a case-by-case basis, if the action proposed will be located in a floodplain and whether the proposed action is in accordance with Executive Orders 11988 and 11990. (d) Each field installation shall: Take floodplain management and wetlands protection into account when formulating its water and land use plansand when evaluating like plans of others-as an integral part of its facilities master planning activities; Restrict the use of land and water resources appropriate to the degree of flood hazard involved; and, Incorporate recommended Federal and State actions for the continuing unified program for |