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(c) Return all other flown items to National Aeronautics and Space Adthe submitting organizations with an ministration. appropriate letter of certification.

(d) Retain and secure mementos Subpart 1214.7—The Authority of the flown by the Agency for future use.

Space Shuttle Commander 8 1214.607 Media and public inquiries.

AUTHORITY: Pub. L. 85-588, 72 Stat. 426 (a) Official Flight Kit. Information (42 U.S.C. 2473, 2455; 18 U.S.C. 799); Art. on the contents of OFK's will be rou. VIII, TIAS 6347 (18 U.S.T. 2410). tinely released to the media and to the SOURCE: 45 FR 14845, Mar. 7, 1980, unless public upon their request, but only otherwise noted. after the contents have been approved by the Associate Administrator for

8 1214.700 Scope. Space Flight.

This subpart establishes the author. (b) Personal Preference Kit. Infor- ity of the Space Shuttle commander to mation on the contents of PPK's will enforce order and discipline during all be routinely released to the media and flight phases of a Shuttle flight to to the public upon their request imme take whatever action in his/her judg. diately following postflight inventory. ment is necessary for the protection,

(c) Responsibility for Release of In safety, and well-being of all personnel formation. The Director of Public Af and on-board equipment, including the fairs, Johnson Space Center, is respon Space Shuttle elements and payloads. sible for the prompt release of infor During the final launch countdown, mation on OFK and PPK contents. following crew ingress, the Space

Shuttle commander has the authority 8 1214.608 Safety requirements.

to enforce order and discipline among The contents of OFK's and PPK's

all on-board personnel. During emermust meet the requirements set forth

gency situations prior to liftoff the in NASA Handbook 1700.7, “Safety

Space Shuttle commander has the auPolicy and Requirements for Payloads

thority to take whatever action in his/ Using the Space Transportation

her judgment is necessary for the proSystem (STS).”

tection or security, safety, and well

being of all personnel on board. 8 1214.609 Loss or theft.

(56 FR 27899, June 18, 1991) (a) Responsibility. The National Aeronautics and Space Administration 8 1214.701 Definitions. will not be responsible for the loss or

(a) Space Shuttle Elements consists theft of, or damage to, items carried in of the Orbiter, an External Tank, two OFK's or PPK's.

Solid Rocket Boosters, Spacelab, (b) Report of Loss or Theft. Any

Upper Stage Boosters (Solid Spinning person who learns that an item con Upper Stage and Interim Upper tained in an OFK or a PPK is missing Stages) and others as specified in shall immediately report the loss to NASA Management Instruction the Johnson Space Center Security 8040.9. Office and the NASA Inspector Gener (b) The flight crew consists of the al.

commander, pilot, and mission

specialist(s). 8 1214.610 Violations.

(c) A flight is the period from launch Any item carried in violation of the to landing of a Space Shuttle-a single requirements of this subpart shall round trip. (In the case of a forced become the property of the U.S. Gov. landing the Space Shuttle commandernment, subject to applicable Federal er's authority continues until a compelaws and regulations, and the violator tent authority takes over the responsimay be subject to disciplinary action, bility for the Orbiter and for the perincluding being permanently prohibit sons and property aboard.) ed from use of, or, if an individual, (d) The flight-phases consist of from flying aboard the Space Shuttle launch, in orbit, deorbit, entry, landor any other manned spacecraft of the ing, and postlanding.

(e) A payload is a specific complement of instruments, space equipment, and support hardware/software carried into space to accomplish a scientific mission or discrete activity.

(f) Personnel on board refers to those astronauts or other persons actually in the Orbiter or Spacelab during any flight phase of a Space Shuttle flight (including any persons who may have transferred from another vehicle) and including any persons performing extravehicular activity associated with the mission. (45 FR 14845, Mar. 7, 1980, as amended at 56 FR 27899, June 18, 1991)

8 1214.702 Authority and responsibility of

the Space Shuttle commander. (a) During all flight phases of a Space Shuttle flight, the Space Shuttle commander shall have the absolute authority to take whatever action is in his/her discretion necessary to:

(1) Enhance order and discipline,

(2) Provide for the safety and well being of all personnel on board, and

(3) Provide for the protection of the Space Shuttle elements and any payload carried or serviced by the Space

par Shuttle. The commander shall have authority throughout the flight to use any reasonable and necessary means, including the use of physical force, to achieve this end.

(b) The authority of the commander extends to any and all personnel on board the Orbiter including Federal officers and employees and all other persons whether or not they are U.S. nationals.

(c) The authority of the commander extends to all Space Shuttle elements, payloads, and activities originating with or defined to be a part of the Space Shuttle mission.

(d) The commander may, when he/ she deems such action to be necessary for the safety of the Space Shuttle elements and personnel on board, subject any of the personnel on board to such restraint as the circumstances require until such time as delivery of such individual or individuals to the proper authorities is possible. (45 FR 14845, Mar. 7, 1980, as amended at 56 FR 27900, June 18, 1991)

81214.703 Chain of command.

(a) The Commander is a career NASA astronaut who has been designated to serve as commander on a particular flight, and who shall have the authority described in $ 1214.702 of this part. Under normal flight conditions (other than emergencies or when otherwise designated) the Space Shuttle commander is responsible to the Flight Director, Johnson Space Center, Houston, TX.

(b) The pilot is a career NASA astronaut who has been designated to serve as the pilot on a particular flight and is second in command of the flight. If the commander is unable to carry out the requirements of this subpart, then the pilot shall succeed to the duties and authority of the commander.

(c) Before each flight, the other flight crew members (Mission Specialists) will be designated by the Director of Flight Operations, Johnson Space Center, Houston, TX, in the order in which they will assume the authority of the commander under this Subpart in the event that the commander and pilot are both not able to carry out pilot are both not able to carry out their duties

(d) The determinations, if any, that a crew member in the chain of command is not able to carry out his or her command duties and is, therefore, to be relieved of command, and that another crew member in the chain of command is to succeed to the authority of the commander, will be made by the Director of the Johnson Space Center. [45 FR 14845, Mar. 7, 1980, as amended at 47 FR 3095, Jan. 22, 1982; 56 FR 27900, June 18, 1991)

8 1214.704 Violations.

(a) All personnel on board a Space Shuttle flight are subject to the authority of the commander and shall conform to his/her orders and direction as authorized by this subpart.

(b) This regulation is a regulation within the meaning of 18 U.S.C. 799, and whoever willfully violates, attempts to violate, or conspires to violate any provision of this subpart or any order or direction issued under this subpart shall be fined not more

than $5,000 or imprisoned not more used to compute the Shuttle charge than 1 year, or both.

factor. Means of computing this pa(45 FR 14845, Mar. 7, 1980, as amended at

rameter are defined in § 1214.813. 56 FR 27900, June 18, 1991)

(e) Spacelab load fraction. The pa

rameter used to compute the customSubpart 1214.8—Reimbursement for

er's pro rata share of each element's

services and used to compute the eleSpacelab Services

ment charge factor. Means of computSOURCE: 50 FR 30809, July 30, 1985, unless

ing this parameter are defined in otherwise noted.

$ 1214.813.

(f) Shuttle charge factor and element 8 1214.800 Scope.

charge factor. Parameters used in comThis Subpart 1214.8 establishes the putation of the customer's flight price. special reimbursement policy for Means of computing these parameters Spacelab services provided to Space are defined in § 1214.813. Transportation System (STS) custom (g) Dedicated flight price for Spaceers governed by the provisions of Sub- lab missions. (1) The single-shift operpart 1214.1 or Subpart 1214.2. It ap- ation dedicated flight price for Spaceplies to flights occurring in the second lab missions is identical to the Shuttle phase of STS operations (U.S. Govern dedicated flight price as defined in the ment fiscal years 1986, 1987, and 1988). Shuttle policy. The following five types of Spacelab (2) The two-shift operation dedicatflights are available to accommodate ed flight price for Spacelab missions is payload requirements:

the sum of: ia) Dedicated-Shuttle Spacelab

(i) The Shuttle dedicated flight price flight (Ref. § 1214.804(e)).

as defined in the Shuttle policy. (b) Dedicated-pallet flight (Ref.

(ii) The standard price for additional $ 1214.804(f)].

services required to support a second (c) Dedicated-FMDM/MPESS (flexi

shift of on-orbit operations. ble multiplexer-demultiplexer/multipurpose experiment support structure) 8 1214.802 Relationship to Shuttle policy. flight (Ref. § 1214.804(f)]. (d) Complete-pallet flight (Ref.

Except as specifically noted, the pro§ 1214.804(g)].

visions of the Shuttle policy also apply (e) Shared-element flight (Ref.

to Spacelab payloads. Although some $ 1214.804(h)].

language in the Shuttle policy is Shut

tle-specific, it is the intent of this Sub§ 1214.801 Definitions.

part 1214.8 that the Shuttle policy be (a) Shuttle policy. The appropriate

applied to Spacelab also, including the subpart (1214.1 or 1214.2) governing

policy on patent and data rights. How

ever, in the event of any inconsistenuse of the Shuttle. Determinaltion of

cies in the policies, the Spacelab policy the appropriate subpart for each customer shall be made by reference to

will govern with respect to Spacelab 88 1214.101 and 1214.201.

services. (b) Spacelab elements. Pallets (3

8 1214.803 Reimbursement policy. meter segments), pressurized modules (long or short), and the FMDM) (a) Reimbursement basis. (1) This MPESS (1-meter cross-bay structure),

policy is established for the second all as maintained in the NASA-ap phase of STS operations (U.S. Governproved Space lab configuration.

ment fiscal years 1986, 1987, and 1988). (c) Standard flight price. The price (2) Standard flight price. During this for standard Shuttle and standard phase, customers covered by Subpart Spacelab services provided. If a cus 1214.1 or Subpart 1214.2 shall reimtomer elects not to use a portion of burse NASA for standard Spacelab the standard services, the standard services an amount which is a pro rata flight price shall not be affected.

share of: (d) Shuttle load factor. The parame- (i) The appropriate dedicated flight ter used to compute the customer's price for the customer's Spacelab mispro rata share of Shuttle services and sion.

(ü) The standard price for use of the (ii) The computed shared-flight selected Spacelab elements during the Spacelab flight price for the customsecond phase of STS operations.

er's payload. (3) The price shall be held constant (b) Apportionment and assignment for flights during this phase of STS of services. Subject to NASA approval, operations.

a customer contracting for a Spacelab (4) Reimbursement policies for sub- flight shall be permitted to apportion sequent phases of STS operations will and assign services under the provibe developed after NASA has obtained sions of the Shuttle policy. more operational experience.

(c) Postponement and termination. (b) Escalation. Payments shall be es (1) A customer may postpone the calated in accordance with the Shuttle flight of a Spacelab payload one time policy.

with no additional charge if postpone(c) Customers shall reimburse NASA ment occurs more than 18 months an amount which is the sum of the before the scheduled launch date. customer's standard flight price and (2) Postponement or termination the price for all optional services pro- fees for Spacelab payloads shall convided.

sist of the sum of: (d) Earnest money. For those cus (i) A fee for Shuttle transporation. tomers required to pay earnest money (ii) A fee for use of the Spacelab eleby the Shuttle policy, the total ear

ments. nest money payment per payload for

(3) Shuttle transportation fee. CusSpacelab payloads (including Shuttle

tomers shall be governed by the proviservices) shall be the lesser of $150,000

sions of the Shuttle policy with the or 10% of the customer's estimated

following exception. When computing standard flight price. Earnest money

occupancy fees for shared-element will be applied to the first payment for

payloads, the "adjusted reimbursestandard services made for each pay

ments from other customers" shall be load by the customer or will be re

defined as the adjusted reimbursetained by NASA if a Launch Services

ments from those customers who subAgreement is not signed.

sequently contract for the use of the 8 1214.804 Services, pricing basis, and

element being shared. other considerations.

(4) Spacelab use fee. The postpone

ment and termination fees for use of (a) Mandatory use of dedicated-Shut the Spacelab elements are computed tle Spacelab flight. (1) Customers shall

as a percentage of the customer's price be required to fly under the provisions for use of the Spacelab elements and of paragraph (e) of this section if the shall be based on the table below. customer requires exclusive use of any When postponement or termination of the following:

occurs less than 18 months before (i) Pressurized module (long or launch, the fees shall be computed by short).

linear interpolation using the points (ii) Three pallets in the “1+1+1” provided. configuration. (iii) Four pallets in the “2+2” config

Fee for use of uration.

Spacelab (2) In the cases cited in paragraph

element(s), percent Time when postponement or

of price for use of (a)(1) of this section, if the customer

termination occurs, months before

element(s)

scheduled launch date requests, NASA will attempt to find

Post Termicompatible sharees to fly with the cus

ponement nation tomer's payload. If NASA is successful, the customer's Shuttle standard flight Dedicated Flights, Dedicated Elements, and Dedicated

FMDM/MPESS price shall be the greater of:

(i) The appropriate dedicated flight price for the customer's Spacelab mission less adjusted reimbursements (as 12........... defined in the Shuttle policy) from

More than 18.. sharees actually flown.

100

3......

18......................

8 ............

9...........

12.... 18................

Fee for use of

imburse NASA an amount which is Spacelab the sum of:

element(s), percent Time when postponement or

of price for use of

(i) The one-shift operation dedicated termination occurs, months betore scheduled launch date

element(s) flight price for a 1-day Spacelab misPost Termi

sion. ponement nation (ii) The price for the use of all

Spacelab elements used (including all Complete Pallets and Shared Elements

necessary mission-independent Space

lab equipment). Less than 8 ....

100
100

(iii) The price for all optional services provided.

(f) Dedicated 3-meter pallets and

dedicated FMDM/MPESS. (1) A dediMore than 18...

cated pallet (or a dedicated FMDM/

MPESS) is one which is sold to a (5) At the time of signing of the single customer and which includes all Launch Services Agreement, NASA Spacelab hardware necessary to shall define a payload removal cutoff permit it to be flown on any shared date (relative to the launch date) for Shuttle flight as an autonomous pay. each Spacelab payload to be flown on load (e.g., a dedicated 3-meter pallets a shared flight. A customer may still may either be supplied with its own postpone or terminate a flight after exclusive igloo or may fly without an the payload's cutoff date; however, igloo if it requires only standard ShutNASA shall not be required to remove tle services). the payload before flight.

(2) In addition to a pro rata share of (d) Minor delays. The minor delay the standard service listed in paraprovisions of the Shuttle policy shall graph (i) of this section, the following apply only to those Spacelab payloads standard services are provided to cuswhose Shuttle load factor is equal to

tomers of dedicated pallets (or dedicator greater than 0.05.

ed FMDM/MPESS) and form the (e) Dedicated-Shuttle Spacelab flight.

basis for establishing the standard (1) A dedicated-Shuttle Spacelab

flight price: flight is a Shuttle flight sold to a

(i) A pro rata share of the Shuttle single customer who is entitled to

services normally provided, where the select the Spacelab elements used on

basis for proration is the customer's the flight.

Shuttle load factor as defined in

8 1214.813(d)(1) for dedicated pallets (2) In addition to the standard serv

and in 8 1214.813(e)(2) for dedicated ices listed in paragraph (i) of this sec

FMDM/MPESS. tion, the following standard services are provided to customers of dedicat

(ii) The exclusive services of the

pallet (or FMDM/MPESS) and all ed-Shuttle Spacelab flights and form

Spacelab hardware provided to supthe basis for the standard flight price:

port the pallet (or FMDM/MPESS). (i) Use of the full standard services

(iii) One day of one-shift on-orbit opof the Shuttle and the Spacelab ele

erations. ments selected.

(iv) Launch to the standard mission (ii) One day of one-shift on-orbit op

destination of 160 nmi, 28.5' as deerations.

fined in the Shuttle policy. (iii) Standard mission destinations as

(v) Launch within a prenegotiated defined in the Shuttle policy.

90-day period in accordance with the (iv) Launch within a prenegotiated shared-flight scheduling provisions of 90-day period in accordance with the the Shuttle policy. dedicated flight scheduling provisions (vi) A pro rata share of the on-orbit of the Shuttle policy.

payload operations time of two NASA(v) The available payload operations furnished mission specialists, where time of two NASA-furnished mission the basis of proration shall be the cusspecialists.

tomer's Shuttle load factor. (3) Customers contracting for a dedi- (3) Customers contracting for a dedi. cated-Shuttle Spacelab flight shall re- cated pallet (or FMDM/MPESS)

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