(k) Once an SSCP has been given a tentative flight assignment, it shall not be bumped from a flight as a result of another SSCP user's subsequent signing of a launch services agreement or another SSCP user's postponement.

(1) An SSCP tentatively assigned to a flight may be bumped by NASA as a result of other Shuttle operational considerations. Should this be necessary, bumping shall be done on a laston, first-bumped basis. If either of a pair of duel payloads is bumped, the remaining payload of the pair shall also be bumped.

(m) Payloads being reflown pursuant to 1214.907 and payloads bumped by NASA after tentative flight assignment shall have flight assignment priority, in that order, on subsequent flights over all other SSCP's including those already assigned to other flights.

(n) The date for payload delivery to the launch site shall normally be 2 months before the Shuttle "firm launch date." However, NASA may designate a later date.

(0) Users shall not use third-party or joint venture arrangements to attempt to circumvent the intent of this paragraph.

[45 FR 73023, Nov. 4, 1980, as amended at 56 FR 47146, Sept. 18, 1991]

81214.906 Transfer of ownership, apportionment and assignment of services. (a) Prior to the signing of a launch services agreement, users shall be permitted a one-time transfer, to a third party, of ownership of the eligibility to enter into negotiations with NASA for the flight of a SSCP, subject to NASA approval of the transfer. Subsequent transfers by the third party shall not be allowed.

(b) Transfer of ownership shall not result in a change in position in the earnest money queue.

(c) Subject to NASA approval, SSCP users shall be permitted to apportion and assign services to others.

(d) U.S. Government users shall not transfer to others the eligibility to negotiate a launch services agreement.

(e) NASA shall negotiate with only one responsible person or entity for the use of each NASA container. At the time the launch services agreement is negotiated, the user shall identify a single payload manager for the entire payload to be flown in the container.

(f) All requests relating to transfer of ownership, apportionment, or assignment of services must be made in writing to the Director of Transportation Services, and must: (1) Be signed by an authorized representative of the owner of record; and (2) be signed by an authorized representative of all other parties involved in the transaction acknowledging and accepting the provisions of the relevant launch services agreement and this subpart 1214.9 (and, for ownership transfers, acknowledgment that no further transfers are allowed).

[45 FR 73023, Nov. 4, 1980, as amended at 56 FR 47146, Sept. 18, 1991]

§ 1214.907 Reflight.

(a) NASA will provide a one-time reflight of the user's payload at no additional charge for SSCP standard services, if all the following occur:

(1) Through no fault of the user (including all the user's related entities, such as the user's contractors, subcontractors, agents, and assignees), the standard SSCP systems are not within nominal specifications, as measured by NASA, at the time of first turn-on in orbit of the user's payload.

(2) The user's mission objective(s) is/are not achieved solely as a direct result of the occurrence, at the time of first turn-on of the user's payload, of events described in paragraph (a)(1) of this section.

(3) The payload returns safely to Earth, or a second, essentially identical, payload is provided by the user.

(b) Users entitled to a reflight shall be provided with a dollar credit towards future optional SSCP services, or a refund, for any unused optional SSCP services purchased and paid for on the Shuttle flight which entitles the user to a reflight.

[56 FR 47147, Sept. 18, 1991]

§ 1214.908 Patent and data rights.

NASA will not acquire rights to inventions, patents, or proprietary data privately funded by a user, or arising out of activities for which a user has reimbursed NASA under the policies set forth herein. However, in certain instances in which the NASA Administrator has determined that activities may have a significant impact on the public health, safety, or welfare, NASA may obtain assurances from the user that the results will be made available to the public on terms and conditions reasonable under the circumstances.

§ 1214.909 Damage to payloads.

The user's price does not include a contingency or premium for damage that may be caused to a payload through the fault of the U.S. Government, its contractors, or other Space Shuttle users. The U.S. Government, therefore, shall assume no risk for damage or loss to the user's payload. The user shall assume that risk or obtain insurance protection against that risk. The user and anyone transferred, apportioned, or assigned the launch services will be required to agree to the cross-waiver of liability in the launch services agreement. [56 FR 47147, Sept. 18, 1991]

8 1214.910 Special provisions for users whose earnest money deposits or letters of intent were accepted prior to the effective date of this final rule. (a) Within 30 days after publication of this final rule, NASA shall supply a copy of the rule to all users whose earnest money deposits or letters of intent were accepted prior to the effective date of the final rule.

(b) Such users may request in writing a refund of their earnest money provided the request is received by NASA within 90 days following publication of this final rule. There shall be no subsequent refund of earnest money.

(c) The price for all payloads for which both (1) earnest money or a letter of intent had been accepted prior to the effective date of this final rule, and (2) a launch services agree

(d) Payloads not covered by a launch services agreement signed within 18 months after final publication of this subpart shall be governed by the provisions of § 1214.905(b)(2).

[45 FR 73023, Nov. 4, 1980, as amended at 56 FR 47147, Sept. 18, 1991]

§ 1214.911 Small self-contained payload standard services.

The following are standard services provided for small self-contained payloads:

(a) Flight in a NASA flight-qualified standard container.

(b) Use of a NASA shipping container.

(c) One "on" and one "off" signal provided on each of three NASA-provided inputs to the container.

(d) Choice of one standard NASA container atmosphere (vacuum, breathing air, inert gas, inert gas vented in space).

(e) Limited consultation on space systems provided by NASA at desig. nated NASA centers.

(f) NASA payload safety reviews at a designated NASA center. (Safety shall not be compromised. Unusually complex safety reviews or testing/analysis require additional funding.)

(g) Pre-integration storage of the payload at KSC.

(h) Limited access to the payload prior to integration.

(i) Installation of the payload in the container and removal of the payload from the container after flight.

(j) Installation of the container in the Shuttle and removal of the container from the Shuttle after flight. (k) KSC launch.

(1) On-orbit payload operational time consistent with the primary Space Shuttle mission.

(m) Brief postflight documentation of the Space Shuttle mission profile and payload operational times.

(n) Return of payload to the user at the launch site.

[45 FR 73023, Nov. 4, 1980, as amended at 56 FR 47147, Sept. 18, 1991]

§ 1214.912 Small self-contained payload optional services.

(a) NASA may, at its sole discretion, approve or deny the provision of optional services to users. The price, terms, and conditions for such services shall be negotiated on a case-by-case basis.

(b) Users should be aware that requests for optional services can result in substantial additional charges and increased liability insurance requirements and/or affect NASA's ability to manifest the payload.

[56 FR 47147, Sept. 18, 1991]

Subpart 1214.10-[Reserved]

Subpart 1214.11-NASA Astronaut Candidate Recruitment and Selection Program

SOURCE: 54 FR 37940, Sept. 14, 1989, unless otherwise noted.

81214.1100 Scope.

It is NASA policy to maintain an integrated Astronaut Corps. This subpart 1214.11 sets forth NASA procedures and assigns responsibilities for recruitment and selection of astronaut candidates. It applies to all pilot and mission specialist astronaut candidate selection activities conducted by the National Aeronautics and Space Administration.

81214.1101 Announcement.

(a) Astronaut candidate opportunities Will be announced nationwide by the Johnson Space Center (JSC) and publicized periodically unless specifically canceled by NASA.

(b) Civilian applicants may apply at any time.

(c) JSC is responsible for implementing and refining the astronaut candidate application process to minimize the effort required to file and/or update applications.

(d) Military personnel on active duty must apply through and be nominated by the military service with which they are affiliated. Military nominees will not be part of the continuing pool of applicants. The military services will convene their internal selection boards and provide nominees to NASA. The military nominees will be evaluated by NASA and the military services will be notified promptly of those nominees who are finalists.

(e) The Assistant Administrator for Equal Opportunity Programs, NASA Headquarters, will provide assistance in the recruiting process.

§ 1214.1102 Evaluation of applications.

(a) All incoming applications will be reviewed by the JSC Human Resources Office to determine whether or not applicants meet basic qualifications. Those not meeting the basic qualification requirements will be so notified in writing and will not be eligible for further consideration. Those meeting the basic qualification requirements will have their applications retained for review by a designated rating panel.

(b) The JSC Director, or designee, will appoint the rating panel composed of discipline experts who will review and rate qualified applicants as "Qualified" or "Highly Qualified."

(c) Efforts will be made to assure that minorities and females are included among these discipline experts.

(d) The criteria for each level will be developed by JSC and will serve as the basis for the ratings. The evaluation will be based on the quality of the individual's academic background and experience and the extent to which the individual's academic achievements, experience, and special qualifications relate to the astronaut candidate position. Reference information on those rated "Highly Qualified" will normally be obtained. The JSC Director of Human Resources will monitor this process to assure adherence to applicable rules and regulations.

(e) Those rated "Highly Qualified" may be required to obtain a Class I or Class II physical. Only medically qualified applicants will be referred for final evaluation and possible interview and selection. Those who are not medically qualified will be so informed and will not be eligible for further consideration.

§ 1214.1103 Application cutoff date.

(a) The JSC Director, or designee, is responsible for identifying the need for additional astronaut candidates and for obtaining necessary approval to make selections.

(b) Once such approval has been obtained, the JSC Director will establish a cutoff date for the acceptance of applications. Applications received after the date of the request will be maintained and processed for the next selection. The cutoff date will normally occur every 2 years on or about July 1. 81214.1104 Evaluation and ranking of highly qualified candidates.

(a) The JSC Director will appoint a selection board consisting of discipline experts and such other persons as appropriate to further evaluate and rank the "Highly Qualified” applicants.

(b) Efforts will be made to assure that minorities and females are included on this board.

(c) The "Highly Qualified" applicants who are determined to be the "Best Qualified" will be invited to the Johnson Space Center for an interview, orientation, and detailed medical evaluation.

(d) Background investigations will normally be initiated on those applicants rated "Best Qualified."

§ 1214.1105 Final ranking.

Final rankings will be based on a combination of the selection board's initial evaluations and the results of the interview process. Veteran's preference will be included in this final ranking in accordance with applicable regulations.

§ 1214.1106 Selection of astronaut candidates.

The selection board will recommend to the JSC Director its selection of candidates from among those finalists

Shuttle flight is authorized in accordance with this regulation.

(b) Committee. The Space Flight Participant Evaluation Committee, established in NASA Headquarters for the purpose of directing and administering the program for space flight participants. The Committee consists of the following NASA Headquarters officials: Associate Deputy Administrator (Chair), General Counsel, Associate Administrator for External Relations, Associate Administrator for Management, Associate Administrator for Space Flight, Associate Administrator for Public Affairs and Assistant Administrator for Equal Opportunity Programs.

[56 FR 47148, Sept. 18, 1991]

81214.1704 Policy.

(a) NASA policy is to provide Space Shuttle flight opportunities to persons (individuals outside the professional categories of NASA astronauts and payload specialists) whose presence onboard the Space Shuttle is not required for operation of payloads or for other essential mission activities, but is determined by the Administrator of NASA to contribute to other approved NASA objectives or to be in the national interest. However, flight opportunities for space flight participants will not be available in the near term. NASA will assess Shuttle operations and mission and payload requirements on an annual basis to determine when it can begin to allocate and assign space flight opportunities for future space flight participants, consistent with safety and mission considerations. When NASA determines that a flight opportunity is available for a space flight participant, first priority will be given to a "teacher in space," in fulfillment of space education plans. (b) To be considered for selection as space flight participants, applicants must:

(1) Be free of medical conditions which would either impair the applicant's ability to participate in, or be aggravated by, space flight, as determined by NASA physicians.

(2) Be willing to undergo appropriate background investigation.

(3) Be willing to undergo necessary training.

(4) Meet additional requirements that may be stated in Announcements of Opportunity (AO) soliciting applications for particular spaceflights.

(c) Persons accepted as space flight participant candidates will enter into an agreement with NASA for the period of training, flight, debriefing, and post-flight activities. The agreements will cover such pertinent matters as, but not limited to, responsibilities and authorities of the respective parties, compensation where appropriate, insurance, and liability.

(d) Typically the selection of space flight participants will be based on their comparative abilities to fulfill the objectives and purposes stated in Announcement of Opportunities (AO's) covering one or more Space Shuttle missions in which their participation is desired. A NASA-designated outside review panel will evaluate the qualifications of applicants to select those who most appropriately meet those purposes of participant flight associated with the particular AO. NASA will retain the authority to make final selection of space flight participants for flight training and eventual flight from among those applicants rated most highly in the review process. NASA will encourage the participation of a wide and diverse array of participants, including women and minorities.

[49 FR 17737, Apr. 25, 1984, as amended at 56 FR 47148, Sept. 18, 1991]

§ 1214.1705 Selection of space flight participants.

(a) The agency will publicly announce each space flight participant opportunity through appropriate means, including notice in the FEDERAL REGISTER and press releases. Each such Announcement of Opportunity will include a listing of basic qualification requirements to be met (including those of § 1214.1704(b)), a statement of the specific National Aeronautics and Space Act purposes to which this opportunity is directed, what information is required of applicants to demonstrate their ability to fulfill those purposes, the criteria on which applicants will be judged, and administrative information such as to whom ap