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28 U.S.C. 2672, such other provisions of the Federal Tort Claims Act as may be applicable (see e.g., 28 U.S.C. 2680), and regulations prescribed by the Attorney General pursuant to 28 U.S.C. 2672. § 1204.910 Investigation of claims.

The official designated in § 1204.808 shall conduct such investigation of a claim as he deems appropriate. Such official may request any NASA office or other Federal agency to assist in the investigation.

§ 1204.911 Claims requiring Department

of Justice approval or consultation. (a) When in the opinion of the official designated in § 1204.808(a), Department of Justice approval or consultation may be required, pursuant to 28 CFR Subparts 14.1-14.11, in connection with a claim being acted upon, under the Federal Tort Claims Act, at a field installation, the following papers shall be forwarded to the General Counsel: (1) A short and concise statement of the facts of the claim; (2) copies of all relevant portions of the claim file; (3) a statement of the recommendations or views of the forwarding official.

(b) A claim forwarded to the General Counsel in accordance with paragraph (a) of this section, or upon which the General Counsel is acting pursuant to § 1204.808(b), shall be referred to the Department of Justice when, in the opinion of the General Counsel, Department of Justice approval or consultation is required or otherwise is appropriate. § 1204.912

Action on approved claims.

(a) Upon settlement of a claim, the official designated in § 1204.808 will prepare, and have executed by the claimant, a Voucher for Payment of Tort Claims (NASA Form 616), if the claim has been acted upon pursuant to 42 U.S.C. 2672 (b) (13), or a Voucher for Payment under Federal Tort Claims Act (Standard Form 1145), if the claim has been acted upon pursuant to the Federal Tort Claims Act. The form as so prepared will then be referred to the cognizant NASA installation fiscal or financial management office for further action as appropriate.

(b) When a claimant is represented by an attorney, both the claimant and his attorney will be designated as "payees" on the appropriate voucher, and the check will be delivered to the attorney whose address shall appear on the voucher.

(c) Acceptance by the claimant, his agent, or legal representative, of any award, compromise, or settlement made pursuant to this subpart shall be final and conclusive on the claimant, his agent or legal representative and any other person on whose behalf or for whose benefit the claim has been presented, and shall constitute a complete release of any claim against the United States and against any employee of the Government whose act or omission gave rise to the claim, by reason of the same subject matter. § 1204.913 Required notification in the event of denial.

Final denial of a claim shall be in writing and shall be sent to the claimant, his attorney, or legal representative by certified or registered mail. The notification of final denial may include a statement of the reasons for the denial and shall include a statement that, if the claimant is dissatisfied with NASA's action, he may file suit in an appropriaate U.S. District Court not later than 6 months after the date of mailing the notification.

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The Chief Counsel of each field installation shall, in February of each year, forward to the General Counsel, NASA Headquarters, a report providing the following information for each claim acted upon during the preceding calendar year: (a) The name of the claimant; (b) the amount of the claim; (c) the nature and alleged cause of the claimed injury or loss; (d) disposition of the claim, including grounds therefor.

§ 1204.915 Procedures for the handling

of lawsuits against NASA employees arising out of their operation of motor vehicles in the course of their employment.

The following procedures shall be followed in the event that a civil action or proceeding is brought, in any court, against any employee of NASA (or against his estate); for injury or loss of property or personal injury or death, resulting from the employee's operation of a motor vehicle while acting within the scope of his office or employment:

(a) After being served with process or pleadings in such an action or proceeding, the employee (or the executor or administrator of his estate) shall immediately deliver all such process and pleadings or an attested true copy thereof,

together with a fully detailed report of the circumstances of the accident giving rise to the court action or proceeding, to the following officials:

(1) The General Counsel insofar as actions or proceedings against employees of NASA Headquarters are concerned; or (2) The Chief Counsel of the NASA installation at which the employee is employed, insofar as actions against other than NASA Headquarters employees are concerned.

(b) Upon receipt of such process and pleadings, the General Counsel or the Chief Counsel of the NASA installation receiving the same shall furnish to the U.S. attorney for the district embracing the place where the action or proceeding is brought and the Chief of the Torts Section, Civil Division, Department of Justice, the following:

(1) Copies of all such process and pleadings in the action or proceeding, promptly upon receipt thereof; and

(2) A report containing a statement of the circumstances of the incident giving rise to the action or proceeding, and all data bearing upon the question of whether the employee was acting within the scope of his office or employment with NASA at the time of the incident, at the earliest possible date, or within such time as shall be fixed by the U.S. attorney upon request.

(c) A Chief Counsel acting pursuant to paragraph (b) of this section shall submit the following documents to the General Counsel, who is hereby designated to receive such documents on behalf of the Administrator:

(1) Copies of all process and pleadings submitted to a U.S. attorney in accordance with paragraph (b) of this section.

(2) In addition, where the action or proceeding is for damages in excess of $10,000, or where, in the opinion of the Chief Counsel, such action or proceeding involves a new precedent, a new point of law, or a question of policy, copies of reports and all other papers submitted to such U.S. Attorney.

Subpart 10-Inspection of Persons and Personal Effects on NASA Property

AUTHORITY: The provisions of this Subpart 10 issued under the authority of 42 U.S.C. 2455(a).

SOURCE: The provisions of this Subpart 10 appear at 36 FR 600, Jan. 15, 1971, unless otherwise noted.

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In the interest of national security, NASA shall provide appropriate and adequate protection or security for facilities, property, and information in its possession or custody. In furtherance of this policy, NASA reserves the right to conduct an inspection of any person, including any property in his possession or control, as a condition of admission to or continued presence on any NASA installation.

§ 1204.1002 Responsibility.

The Director for each field installation, and the Director, Headquarters Administration Office for Headquarters, is responsible for implementing the provisions of this subpart when he determines that such action is necessary because of bomb threats, unexplained loss of Government property, or other unusual situations, for the protection or security of the installation and the personnel and property therein. In the local implementation of this subpart, the Directors of NASA installations (and component installations) located on Federal property under the control of other agencies will coordinate their action with appropriate officials of the other agencies concerned. § 1204.1003 Procedures.

(a) All entrances to NASA installations shall be conspicuously posted with the following notice:

PURSUANT TO NASA REGULATIONS THE ENTRANCE OF INDIVIDUALS TO, OR THEIR CONTINUED PRESENCE ON, THIS INSTALLATION IS CONDITIONED UPON THEIR CONSENT TO INSPECTION OF THEIR PERSONS, AND OF PROPERTY IN THEIR POSSESSION OR CONTROL.

(b) Inspection pursuant to this subpart will be conducted only by NASA security personnel or members of the installation security patrol or guard force. Such inspections shall be conducted in accordance with guidelines established by the Director of Security.

(c) If an individual indicates that he does not consent to an inspection, it will not be carried out, and he will be denied admission to, or be escorted from, the installation.

(d) If, during an inspection, an individual is found to be in unauthorized possession of items believed to represent a threat to the safety or security of the installation, the individual shall be denied admission to or escorted from the installation and appropriate law enforcement authorities will be notified immediately.

(e) If, during an inspection conducted pursuant to this subpart, an individual is in possession of U.S. Government property without proper authorization, he shall be required to relinquish the property to the security representative conducting the inspection pending proper authorization for the possession of the property or its removal from the installation. The individual relinquishing the property shall be given a receipt therefor.

Subpart 11-Environmental

Quality and Control

AUTHORITY: National Environmental Policy Act of 1969 (42 U.S.C. 4321; 4331 et seq.; and 4341 et seq.); Executive Order 11514 (35 FR 4247, March 5, 1970); Council on Environmental Quality (CEQ) Guidelines for Statements on Major Federal Actions Affecting the Environment (38 FR 20550, August 1, 1973); Office of Management and Budget Bulletin 72-6 (September 14, 1971); the Clean Air Act, as amended (42 U.S.C. 1857 et seq.); the Federal Water Pollution Control Act, as amended (33 U.S.C. 1151 et seq.); the Noise Control Act of 1972 (42 U.S.C. 4901 et seq.).

SOURCE: 39 FR 12999, Apr. 10, 1974, unless otherwise noted.

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NASA's responsibilities in environmental matters;

(d) Pursue appropriate 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;

(e) Cooperate with State, local, and regional authorities in the protection and enhancement of the environment wherever NASA facilities are located;

(f) Instill an environmental awareness in all NASA employees and contractors; and

(g) Make all major decisions with due regard for environmental factors.

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(a) The Associate Deputy Administrator, or his designee, shall:

(1) Coordinate the formulation and revision of NASA policies and positions on matters pertaining to environmental protection and enhancement;

(2) With the cooperation of the Assistant Administrator for DoD and Interagency Affairs, represents NASA in working with other governmental agencies and interagency organizations to formulate, revise, and achieve uniform understanding and application of Government-wide policies relating to the environment;

(3) Develop and ensure the implementation of Agency-wide standards, procedures, and working relationships for protection and enhancement of environmental quality and compliance with applicable laws and regulations;

(4) Systematically monitor NASA's basic decision processes to ensure that environmental factors are properly considered in all proposals and decisions, and that these considerations are adequately documented;

(5) Develop and implement procedures for the internal review of draft and final environmental impact statements and for their subsequent publication and public review;

(6) Systematically advise line management and inform NASA employees of technical and management parameters of environmental analysis, of appropriate expertise available in and out of NASA and, with the assistance of the General Counsel, of relevant legal developments;

(7) Establish and maintain appropriate working relationships with the Council on Environmental Quality, Environmental Protection Agency, and other

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national, State, and local governmental agencies;

(8) Consolidate and transmit to the appropriate parties NASA comments on environmental impact statements and other environmental reports prepared by other agencies; and

(9) Acquire information for and prepare other NASA reports on environmental matters.

(b) Officials-in-Charge of Headquarters Offices are responsible for identifying matters which may affect protection and enhancement of environmental quality and for ensuring that necessary actions are taken to meet the requirements of applicable laws and regulations; for coordinating environmental quality-related activities under their cognizance; and for supporting and assisting the Associate Deputy Administrator on request. Program and Institutional Directors are additionally responsible for 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.

(c) Each Field Installation Director is responsible for:

(1) Implementing NASA policies, standards, and procedures on 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 appropriate working relationships with national, State, regional and local governmental agencies responsible for environmental regulation in localities in which the Field Installation conducts its activities.

§ 1204.1103 Guidelines for Conducting Assessments and Preparing Environmental Statements.

(a) Criteria. (1) Section 102(2) (C) of the National Environmental Policy Act of 1969 requires that, in connection with recommendations or reports on proposals for (i) legislation or (ii) other major Federal actions (i.e., administrative actions, which could include program and project approvals, approval of facility

design, procurement actions, etc.) which would significantly affect the quality of the human environment, Federal agencies shall prepare detailed statements or the environmental impact of the actions The Council on Environmental Quality and the Office of Management and Budget have provided guidelines and procedures to assist Federal agencies in implementing the National Environmental Policy Act, the requirement for assessments of environmental impact and, where necessary, environmental impact statements is separate from the requirement for environmental control measures, and is oriented to the decisions on the basic program or institutional actions themselves, However, the need for control measures may be brought to light by the assessments.

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(1)

(b) Environmental assessments. Purpose of assessment. The NEPA requires that NASA take environmental factors into consideration in planning, decisionmaking, and implementing its actions. Thus, the consideration of environmental impact must be a part of the formulation and definition of all new or revised agency activities. The environmental assessment is the process by which the environmental effects of proposed actions are initially identified and analyzed for inclusion throughout the decision process.

(2) Responsibility. The Official-inCharge of each Headquarters Office shall provide for an assessment of the environmental impact of each major action which he proposes or which is to be taken under his programmatic or institutional cognizance (see section 102(2) of the NEPA and 40 CFR 1500.2, 1500.5, and 1500.6 of the CEQ Guidelines). The NASA employee initiating an action is responsible in the first instance for assessing, or obtaining an assessment of, its environmental impact. Each NASA official having authority over the action, including the authority to recommend the proposal to higher management levels for review and decision, is responsible for the adequacy of the assessment sup

porting his decision or recommendation on the proposed action.

(3) Extent of assessments. (i) The basic criteria to be used in determining whether proposed legislation, projects, or activities have the potential to have a significant effect on the quality of the human environment appear in 40 CFR 1500.6 and 1500.8 of the CEQ Guidelines and in OMB Bulletin 72-6.

(ii) Section 101(b) of the NEPA (42 U.S.C. 4331(b)) indicates the broad range of environmental objectives to be considered in any assessment of significant effect. Significant effects on the quality of the human environment include both those that directly affect humans and those that indirectly affect them through effects on the environment. These are amplified in 40 CFR 1500.8(a) (3) of the CEQ Guidelines. The Associate Deputy Administrator will provide supplemental guidance on a continuing basis to acquaint NASA officials and employees with the aspects of the environment to be considered in assessments, and the kinds of actions to be covered by assessments.

(iii) Section 102(2) (A) of the NEPA establishes the requirement for a multidisciplinary approach in planning and decisionmaking, the results of which may have an impact on man's environment. This requirement, discussed in 40 CFR 1500.8(c) of the CEQ Guidelines, is to insure "the integrated use of the natural and social sciences and the environmental design arts" in such planning and decisionmaking.

(iv) Good judgment and reason are to be used in applying the above criteria in the consideration of environmental effects. Where there is no essential impact, and that fact is readily determinable, the statement of that fact is adequate. In other areas, major studies may be required.

(4) Timing of assessments. (i) Section 1500.2 of Title 40 of the Code of Federal Regulations of the CEQ Guidelines requires that assessments be conducted concurrent with initial technical and economic studies. This permits the environmental consequences of the proposed action to be considered throughout the decisionmaking process. Thus, environmental assessment must be a part of the earliest thinking about possible major actions, and must be a part of any rethinking based on new or more complete information bearing on environmental impact.

(ii) It should be noted that, especially in R&D projects, major parameters of environmental significance are, and must be, settled as a result of research, exploratory development, and performance decisions which necessarily follow the decision to engage in the project. Therefore, some NASA assessments (and their documentation) are likely to be incomplete as a result of either sub-project decisions yet to be made or technical assumptions which may be revised as development takes place. Documentation of an assessment must mention its own deficiencies and the activities planned to overcome them. The assessment and its documentation are then subject to continuing revision as warranted by changing performance factors and technical assumptions. Awareness of the need for continuing reassessment of environmental effects is of utmost importance.

(5) Documentation of assessments. All assessments shall be made a matter of record, even though many assessments will not lead to environmental impact statements. In some instances, the needed documentation may be a simple statement that there is no essential environmental impact. In other cases, major reports may be required. The general rule to be applied is that the documentation should thoroughly cover and,. at the same time, be limited to the foreseeable environmental consequences of the proposed action. Where it appears likely that a new or revised environmental impact statement may be required, the documentation of the assessment or reassessment should be in the form of such a statement, as explained in § 1204.1103 (c) and 40 CFR 1500.8 of the CEQ Guidelines. Where an existing statement adequately covers the proposed action, the applicable statement should be identified. In all cases, the documented assessment of environmental effects shall be considered by management along with all other factors at each step of the decision process. The Official-in-Charge of the Headquarters Office having direct management responsibility over the proposed activity will provide for maintaining the assessment documentation.

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(6) EPA review of certain ments. If the subject of the assessment involves the authorities of the Administrator of the Environmental Protection Agency with respect to water and air quality, solid waste, pesticides, radiation, noise, etc.; if it may be considered to come within the scope of section 309 of

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