(b) Initiation of Government projects. On request from a Government agency for the NASA to undertake a given project, NASA Headquarters will, if necessary, arrange a conference between representatives of the company, the sponsoring Government agency, and the NASA staff. This conference will review the objectives and scope of the work, the required models and instrumentation, and the availability of facility time; and then if so desired by the sponsoring Government agency will recommend a test schedule consistent with those factors. Recommended test programs and schedules will be forwarded to the allocation and priority group concerned for approval of the allocation request and for assignment of appropriate priority when in conflict with the demands of other programs.

(c) Scheduling of tests. Government projects will be scheduled with due consideration of the priorities established by the projects allocation and priority groups.

(d) Test data reports. (1) As for company projects the basic report for Government projects will consist of plotted curves or tabulated data without detailed analysis but with adequate description of methods and techniques employed to permit the proper interpretation of the data.

(a) Programming by company. In development testing in the Unitary wind tunnels, the company 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 only to requirements of safety, practicability, and the total time assigned.

(b) Instrumentation. Each facility will provide standard 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. In the case of models of aircraft and missiles, the model should be designed to contain one of the standard balances if possible and to fit the model support. If the standard instrumentation furnished by the facility does not meet the test requirements, the company will provide suitable instrumentation which will be calibrated by the facility staff to insure accuracy of measurement. Serious delays arising from inaccuracies in company 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. Necessary drawings of the article to be tested will be furnished the facility staff for their use in preparing for the test as soon as possible and in no case less than two months prior to the scheduled starting date of the tests.

(c) Test program. All tests will be conducted under NASA supervision. By agreement between company representatives and the laboratory staff changes in the test program within the objectives of the scheduled program may be made where warranted and time is available and extensions may be made in the originally scheduled test period not exceeding 15 percent.

(d) Handling test data. The NASA staff will be responsible for the obtaining of all test data, its reduction to suitable coefficient form, and its accuracy, 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 development testing the NASA will furnish private shops and office space to companies whose projects are under test. Proprietary information will be held in confidence by the NASA.

Subpart 1-[Reserved]

Subpart 2-Official NASA Insignia

AUTHORITY: The provisions of this Subpart 2 issued under sec. 203, Pub. Law 85-568, 42 U.S.C. 2473.

SOURCE: The provisions of this Subpart 2 appear at 24 F.R. 5688, July 15, 1959. § 1221.200 Scope of subpart.

This subpart prescribes the official insignia (to be distinguished from the official Seal) of the National Aeronautics and Space Administration (NASA) and establishes standards for the reproduction, manufacture, sale, possession, wearing, and use thereof.

§ 1221.201 Definitions.

For purposes of this subpart, the following definitions will apply:

(a) "Official articles" means:

(1) Wearing apparel used by NASA personnel in the performance of official duties.

(2) Pennants, placards, plates, or stickers for aircraft, spacecraft, or vehicles.

(3) Publications, posters, manuals, handbooks, signs, advertisements, lapel pins, identification cards, credentials, flags, banners, photographs, charts, or the like.

(b) "Equipment" means machinery tools, vehicles, furnishings, and similar items of a more or less permanent nature used and owned by the Administration.

(c) "Facilities" means buildings, shelters, test stands, shops, and similar structures used and owned by the Administration.

(d) "Administrator" means the Administrator, National Aeronautics and Space Administration.

(e) "Director of Business Administration" means the Director of Business

Administration, National Aeronautics and Space Administration.

(f) "Administration" means the National Aeronautics and Space Administration.

§ 1221.202 Prescribed insignia.

(a) The prescribed insignia shall be a circular design depicting a sky background of dark blue; within and extending slightly beyond the circle shall be a wing configuration of solid red; and within the circle shall be the letters NASA, an elliptical flight path and random placed stars in white.

(b) The prescribed insignia may be reproduced in the above colors or in single color (including black). In single color reproduction, the wing insignia shall be hatched with diagonal lines as illustrated in § 1221.290 hereof. Two-color printing of the insignia shall be in accordance with standards prescribed in the U.S. Government Printing and Binding Regulations and shall be limited to cases where such printing serves a functional purpose.

(c) The dimensions of the components of the prescribed insignia will be established by the diameter of the insignia's dark blue background and may be proportionately increased or decreased. § 1221.203 Manufacture, reproduction, and display.

(a) Any individual, association, or business entity may manufacture the prescribed insignia and official articles in compliance with this subpart.

(b) The prescribed insignia may be reproduced and displayed only: (1) On official articles;

(2) On equipment;

(3) On facilities;

(4) In connection with articles or advertisements in newspapers, magazines, or other publications, or in connection with television or other public information media, provided such use is not intended to discredit the Administration or to mislead, confuse, misrepresent or defraud, or does not erroneously confer the impression of indorsement or approval by or relationship to, the Administration; and

(5) On such other items, whether official articles or not, as may be designated or approved by the Administrator.

(c) Reproduction of the prescribed insignia in connection with any publica

tion or article used for political purposes is prohibited.

(d) The prescribed insignia shall not be used in any case in which use of the Seal of the Administration is prescribed.

(e) No alteration or modification of the prescribed insignia may be made except as the Administrator may from time to time authorize.

(f) To the extent necessary, implementing instructions governing the manufacture, reproduction, and display of the prescribed insignia shall be issued by the Director of Business Administration.

§ 1221.204 Distribution, issuance, and retail sale.

No distribution, issuance, or retail sale of the prescribed insignia or official articles shall be made except upon the authorization of the Director of Business Administration.

§ 1221.205 Prohibited use.

No person shall possess or wear the prescribed insignia or any device in colorable imitation thereof with intent to deceive or mislead, or for the purpose of inducing the false impression that such person is engaged in the performance of an authorized Administration activity. § 1221.206 Violations.

Whoever manufactures, sells, or possesses the prescribed insignia or any colorable imitation thereof, or photographs, prints, or in any other manner makes or executes any engraving, photograph, print, or impression in the likeness of the prescribed insignia, or any colorable imitation thereof, except as authorized under this subpart, shall be subject to a fine or not more than $250.00 or imprisonment of not more than six months, or both (18 U.S.C. 701). § 1221.290

Illustration.

AUTHORITY: The provisions of this Part 1240 issued under 42 U.S.C. 2457(f), 2458, and 2473 (b) (1).

SOURCE: The provisions of this Part 1240 appear at 25 F.R. 1312, Feb. 13, 1960. § 1240.100 Scope of subpart.

This subpart prescribes regulations for the granting of monetary awards by the Administrator, National Aeronautics and Space Administration, for scientific and technical contributions of significant value in the conduct of aeronautical and space activities.

§ 1240.101 Criteria for granting awards.

The following criteria, as specified in section 306(a) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2458 (a)), will be the basis for the evaluation of contributions and determining the terms of awards therefor:

(1) the value of the contribution to the United States;

(2) the aggregate amount of any sums which have been expended by the applicant for the development of such contribution; (3) the amount of any compensation (other than salary received for services rendered as an officer or employee of the Government) previously received by the applicant for or on account of the use of such contribution by the United States; and

(4) such other factors as the Administrator shall determine to be material.

§ 1240.102 Submittal of contributions. (a) Submittal eligibility. Applications for awards may be submitted by any "person" (any individual, partnership, corporation, association, institution, or other entity) as that term is defined in the National Aeronautics and Space Act of 1958 (42 U.S.C. 2457(j)).

(b) Information required. Communications submitting contributions and applying for awards should be addressed to the Inventions and Contributions

Board (hereinafter referred to as the "Board"), National Aeronautics and Space Administration, Washington 25, D.C. Such communications shall contain the following:

(1) Name and address of the contributor;

(2) A complete written description of the contribution, in the English language, accompanied by drawings, sketches, diagrams, or photographs illustrating the nature of the contribution and the technical and scientific principles upon which it is based, and any available test or performance data or observations of pertinent scientific phenomena;

(3) The name and address of the contributor, and the names and addresses of any others having an interest in the contribution;

(4) The date and manner of any previous submittal of the contribution to another United States Government agency, and the name of such agency;

(5) The aggregate amount of any sums which have been expended by the contributor for the development of the contribution;

(6) The amount of any compensation (other than salary received for services rendered as an officer or employee of the Government) previously received by the contributor for or on account of the use of such contribution by the United States;

(7) The nature and extent of any known use of the contribution by any agency of the United States Government; and

(8) Identification of any United States or foreign patents applied for or issued relating to the contribution.

(c) General. (1) Each contribution should be made the subject of separate correspondence in order that each may be evaluated individually.

(2) Models should not be submitted unless specifically requested by the Board.

(3) Material submitted under this section will not be returned to the contributor.

(4) No material constituting a possible hazard to safety or requiring unusual storage facilities will be accepted.

(5) Contributions received by the Board will not be disclosed to any but authorized Government personnel concerned with their evaluation except with

prior approval of the contributor. NASA cannot guarantee the protection of any rights which the contributor may have or which he may be entitled to acquire under the patent or copyright laws of the United States. Should a decision be made that a patentable but unpatented contribution will be made the subject of an award, action will be initiated by the Office of General Counsel, NASA, to protect the interests of the United States by means of suitable patent action.

§ 1240.103 Hearings.

(a) The Board will afford each applicant for an award an opportunity for a hearing. Hearings on applications for awards will be granted only upon receipt of a written request therefor.

(b) Board hearings will be conducted in an orderly manner. Testimony will be under oath or affirmation, Strict rules of evidence will not apply, but reasonable grounds of materiality, relevance, and admissibility will be observed. The contributor may be represented by counsel or a representative of his own choosing, and the Government may be represented by counsel appointed by the General Counsel of NASA. Attendance at hearings will be held to a minimum number of persons consistent with the purpose of the hearing and with the protection of the interests of the applicant and those of the Government.

(c) Hearings will be held before the full membership of the Board or before any Board member(s) designated by the Chairman.

(d) The Board will provide for a verbatim transcript of the hearing. Copies of such transcript will be furnished the contributor at cost, if requested.

§ 1240.104

Evaluation of contributions.

(a) All appropriate sources will be utilized by the Board for review and evaluation of the contribution except that non-Government sources will not be consulted without the prior approval of the contributor.

(b) If the contributor has not requested a hearing, the Board will evaluate the contribution on the basis of the material submitted. If the Board is of the opinion that the contribution does not have significant value in the conduct of aeronautical and space activities, the contributor will be so notified. The con

tributor may, within 30 days of such notification, file a written request with the Board for a hearing. If no such request is received, the application for award will be denied.

§ 1240.105 Recommendation to the Ad

ministrator.

Upon a determination by the Board that a contribution merits an award, the Board will recommend to the Administrator the terms and conditions of the award proposed. This recommendation shall contain information of the respective interests of all other persons determinable by the Board. The recommendations of the Board to the Administrator will reflect the views of the majority of the Board members. Dissenting views may be transmitted with the majority opinion.

§ 1240.106

Action by the Administrator.

(a) On Board's recommendation. After action by the Administrator on the Board's recommendation, the contributor will be informed of the terms and conditions of the award. No payment of the award will be made to the contributor until he submits a duly executed release, in the form specified by the Board, of all claims he may have to receive any compensation (other than the award recommended) from the United States Government for the use of his contribution or any element thereof at any time by or on behalf of the United States, or by or on behalf of any foreign government pursuant to any treaty or agreement with the United States, within the United States or any other place, in compliance with subsection 306(b)(1) of the National Aeronautics and Space Act of 1958.

(b) On own initiative. Nothing in the foregoing shall be construed as precluding the granting of an award by the Administrator on his own initiative.

§ 1240.107 Proposed awards in excess of $100,000.00.

If the proposed award is in excess of $100,000.00, a full and complete report concerning the terms of, and the basis for, such award shall be prepared by the Board for the Administrator for submittal to the appropriate committees of the Congress, in compliance with the National Aeronautics and Space Act of 1958.

Subpart 1-Patent Waiver
Regulations

AUTHORITY: The provisions of this Subpart 1 issued under 42 U.S.C. 2457(f).

SOURCE: The provisions of this Subpart 1 appear at 29 F.R. 12273, Aug. 27, 1964. § 1245.100 Scope of subpart.

Section 305 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2457) provides that each invention determined by the Administrator of NASA to have been made in the performance of work under a NASA contract in the manner specified in the section becomes the exclusive property of the United States unless the rights of the United States are waived in accordance with the provisions of section 305 (f) of the Act. Thus title to each such invention vests in the United States unless a waiver is granted. This subpart prescribes regulations under section 305 (f) of the Act