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81204.504 Delegation of authority to grant

leaseholds, permits, and licenses in real

property. (a) Delegation of authority. The National Aeronautics and Space Act of 1958, as amended, authorizes NASA to grant leaseholds, permits, and licenses in real property. This authority is delegated to the Associate Administrator for Management Systems and Facilities and the Director, Facilities Engi. neering Division.

(b) Definition. Real Property means land, buildings, other structures and improvements, appurtenances, and fixtures located thereon.

(c) Determination. It is hereby determined that grants of leaseholds, permits, or licenses made in accordance with the provisions of this section will not be adverse to the interests of the United States.

(d) Redelegation. (1) The Directors of Field Installations with respect to real property under their supervision and management may, subject to the restrictions in paragraph (e) of this section, grant a leasehold, permit, or license to any person or organization, including other Government agencies, a State, or political subdivision or agency thereof. This authority may not be exercised with respect to real property which is (i) excess within the meaning of 40 U.S.C. 472(e), or (ii) proposed for use by a NASA exchange and subject to the provisions of NASA Management Instruction 9050.6, NASA Exchange Activities.

(2) The Directors of Field Installations may redelegate this authority to only two senior management officials of the Field Installation concerned.

(e) Restrictions. Except as otherwise specifically provided, no leasehold, permit, or license shall be granted under the authority stated in paragraph (d) of this section unless:

(1) The Director of the Field Installation concerned determines:

(i) That the interest to be granted is not required for a NASA program.

(ii) That the grantee's exercise of rights granted will not interfere with NASA operations.

(2) Fair value in money is received by NASA on behalf of the Government as consideration.

(3) The instrument provides:

(i) For a term not to exceed 5 years.

(ii) For the termination thereof, in whole or in part, and without cost to the Government if there has been:

(A) A failure to comply with any term or condition of the grant; or

(B) A determination by the Associate Administrator for Management Systems and Facilities, the Director, Facilities Engineering Division, or the Director of the Field Installation concerned that the interests of the national space program, the national defense, or the public welfare require the termination of the interest granted; and a 30-day notice, in writing, to the grantee that such determination has been made.

(iii) That written notice of termination shall be given to the grantee, or its successors or assigns, by the Associate Administrator for Management Systems and Facilities, the Director, Facilities Engineering Division, or the Director of the Field Installation concerned, and that termination shall be effective as of the date specified by such notice.

(iv) For any other reservations, exceptions, limitations, benefits, burdens, terms, or conditions necessary to protect the interests of the United States.

(f) Waivers. If, in connection with a proposed grant, the Director of a Field Installation determines that a waiver from any of the restrictions set forth in paragraph (e) of this section is appropriate, a request may be submitted to the Associate Administrator for Management Systems and Facilities or the Director, Facilities Engineering Division.

(g) Services of the Corps of Engineers. In exercising the authority herein granted, the Directors of Field Installations, pursuant to the applicable provisions of any cooperative agreement between NASA and the Corps of Engineers (in effect at the time), may:

(1) Utilize the services of the Corps of Engineers, U.S. Army.

(2) Delegate authority to the Corps of Engineers to execute, on behalf of NASA, any grants of interests in real property as authorized in this section provided that the conditions set forth

in paragraphs (e) and (f) of this sec- education were delegated by the Adtion are complied with.

ministrator, NASA, to the Secretary, (h) Distribution of Documents. One Department of Health, Education, and copy of each document granting an in- Welfare, on March 15, 1966: terest in real property, including in (1) Responsibilities with respect to struments executed by the Corps of compliance reports, including receivEngineers, will be forwarded for filing ing and evaluation thereof under in the Central Depository for Real $ 1250.105(b) of this chapter, and Property Documents to: National Aer- other actions under $ 1250.105 of this onautics and Space Administrator, Fa. chapter. cilities Operations and Maintenance (2) All actions under 8 1250.106 of Branch (Code JXG), Facilities Engi. this chapter, including periodic comneering Division, Washington, DC

pliance reviews, receiving of com20546.

plaints, investigations, determination (51 FR 27528, Aug. 1, 1986, as amended at 56 of recipient's apparent failure to FR 57592, Nov. 13, 1991)

comply, and resolution of matters by

informal means. 8 1204.505 Delegation of authority to exe

(b) NASA specifically has reserved cute certificates of full faith and credit. to itself the responsibilities for effec(a) Scope. This section designates tuation of compliance under NASA officials authorized to certify $$ 1250.107, 1250.108, and 1250.109 of NASA documents to be submitted in this chapter. evidence in Federal Courts.

(c) The responsibilities so delegated (b) Delegation of authority. The fol. were and are to be exercised in accordlowing NASA Headquarters officials ance with the “Plan for Coordinated are delegated authority to execute cer Enforcement Procedures for Higher tificates of full faith and credit (Office Education" (dated February 1966), deof the Administrator section of NASA veloped by interested Government Form 955) certifying the signatures agencies and approved by the Departand authority of employees of the Na- ment of Justice; and redelegation by tional Aeronautics and Space Adminis- the Secretary to other officials of the tration, whenever such certification is Department of Health, Education, and required to authenticate copies of offi- Welfare was authorized. cial records for possible admission in (d) NASA has retained the right to evidence in judicial proceedings pursu exercise these responsibilities itself in ant to 28 U.S.C. 1733 or any other stat special cases with the agreement of

the appropriate official in the Depart(1) General Counsel;

ment of Health, Education, and Wel. (2) Deputy General Counsel;

fare. The Office of Grants and Re(3) [Reserved]

search Contracts, NASA Headquar(4) Assistant General Counsels.

ters, has been designated to represent [29 FR 6319, May 14, 1964, as amended at 39 NASA in carrying out the provisions FR 25229, July 9, 1974; 43 FR 34122, Aug. 3, of this delegation. 1978)

(32 FR 3883, Mar. 9, 1967) 88 1204.506-1204.507 (Reserved)

8 1204.509 Delegation of authority to take 8 1204.508 Delegation of authority of cer action regarding “liquidated damage"

tain civil rights functions to Depart assessments under the Contract Work ment of Health, Education, and Wel. Hours and Safety Standards Act, and fare.

associated labor statutes. (a) Pursuant to the authority of (a) Delegation of authority. The Di$ 1250.111(c) of this chapter, the fol. rector, Industrial Relations Office, is lowing responsibilities of the National hereby delegated the authority to act Aeronautics and Space Administration for the Administrator in all matters and of the responsible NASA official where the "Agency Head" is authorunder Title VI, Civil Rights Act of ized to act under 29 CFR Part 5, labor 1964 (78 Stat. 252) (42 U.S.C. 2000d), standards provisions applicable to conwith respect to institutions of higher tracts covering federally financed and

ute:

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.

assisted construction and labor stand ards provisions applicable to nonconstruction contracts as they are subject to the Conract Work Hours and Safety Standards Act, in regards to the assessment of liquidated damages.

(b) Redelegation. None authorized except by virtue of succession.

(c) Reporting. The official to whom authority is delegated in this regulation will assure that feedback is provided to keep the Administrator informed of significant actions, problems, or other matters of substance related to the exercise of the authority delegated hereunder. (52 FR 35538, Sept. 22, 1987)

Subparts 6–9 [Reserved]

Subpart 1204.10— Inspection of Per

sons and Personal Effects on NASA Property

SOURCE: 54 FR 2099, Jan. 19, 1989, unless otherwise noted. & 1204.1000 Scope of subpart.

This subpart establishes NASA policy and prescribes certain minimum procedures concerning the inspection of persons and property in their possession on NASA installations.

8 1204.1003 Procedures.

(a) All entrances to NASA installations will be conspicuously posted with the following notices:

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 will be conducted in accordance with guidelines established by the Director, NASA Security Office, NASA Headquarters.

(c) If an individual does not consent to an inspection, it will not be carried out, and the individual 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 will be denied admission to, or be escorted be denied admission to or be escor 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, that person will 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 will be given a receipt therefor.

8 1204.1001 Policy.

In the interest of national security, NASA will 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 the person's possession or control, as a condition of admission to or continued presence on any NASA installation. 8 1204.1002 Responsibility.

The Director for each Field Installation and the Assistant Administrator for Headquarters Operations are responsible for implementing the provisions of this subpart when it is determined 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

Subparts 11–13 [Reserved) erations is not considered official busi

ness. Subpart 14—Use of NASA Airfield (d) User. An individual partnership Facilities by Aircraft Not Operat

or corporation owning, operating, or ed for the Benefit of the Federal

using an aircraft not operated for the

benefit of the Federal Government in Government

whose name permission to use a NASA AUTHORITY: 42 U.S.C. 2473(c)(1).

airfield facility is to be requested and

granted. SOURCE: 56 FR 35812, July 29, 1991, unless

(e) Hold Harmless Agreement. An otherwise noted.

agreement executed by the user by 8 1204.1400 Scope.

which the user acknowledges aware

ness of the conditions of the permisThis subpart establishes the respon

sion to use a NASA airfield facility, assibility and sets forth the conditions

sumes any risks connected therewith, and procedures for the use of NASA

and releases the U.S. Government airfield facilities by aircraft not oper

from all liability incurred by the use ated for the benefit of the Federal

of such facility. Government.

(f) Use Permit. The written permis8 1204.1401 Definitions.

sion signed by the authorized approv

ing official to land, take off, and othFor the purpose of this subpart, the

erwise use a NASA airfield facility. following definitions apply:

Such use permit may be issued for (a) NASA Airfield Facility. Those

single or multiple occasions. The speaeronautical facilities owned and oper

cific terms of the use permit and the ated by NASA that consist of the fol

provisions of this subpart govern the lowing:

use which may be made of the airport (1) Shuttle Landing Facility. The

by aircraft not operated for the beneaeronautical facility which is a part of the John F. Kennedy Space Center

fit for the Federal Government. (KSC), Kennedy Space Center, Flori.

(g) Certificate of Insurance. A certif

icate signed by an authorized insurda, and is located at 80° 41' west longi. tude and 28° 37' north latitude.

ance company representative (or a fac

simile of an insurance policy) evidenc(2) Wallops Airport. The aeronauti

ing that insurance is then in force cal facility which is part of the Wallops Flight Facility (WFF), Wallops

with respect to any aircraft not operIsland, VA, and is located at 75° 28'

ated for the benefit of the Federal west longitude and 37° 56' north lati

Government, the user of which is re

questing permission to use a NASA tude in the general vicinity of Chincoteague, Virginia.

airfield facility (see $ 1204.1404(b)). (b) Aircraft not Operated for the

8 1204.1402 Policy. Benefit of the Federal Government. Aircraft which are not owned or leased (a) NASA airfields are not normally by the United States Government or available to the general public; hence, aircraft carrying crew members or pas

any use of airfield facilities by aircraft sengers who do not have official busi. not operated for the benefit of the ness requiring the use of a NASA air Federal Government shall be within field facility in the particular circum

the sole discretion of the approving stance in question.

authorities. (c) Official Business. Business, in (b) Except in the event of a declared the interest of the U.S. Government, in-flight emergency (see $ 1204.1406) which personnel aboard an aircraft or as otherwise determined by an apmust transact with U.S. Government proving authority, aircraft not operatpersonnel or organizations at or near a ed for the benefit of the Federal GovNASA facility. The use of a NASA air. ernment are not permitted to land or field facility by transient aircraft to otherwise use NASA airfield facilities. petition for U.S. Government business (c) Any use of a NASA airfield facilior to obtain clearance, servicing, or ty by aircraft not operated for the other items pertaining to itinerant op- benefit of the Federal Government

shall be free of charge and no consid- 81204.1403 Available airport facilities. eration (monetary or otherwise) shall

The facilities available vary at each be exacted or received by NASA for NASA Installation having an airfield. such use. However, each user, as a con

The airport facilities available are: dition of receiving permission to use

(a) Shuttle Landing Facility-(1) such airfield facility, shall agree to

Runways. Runway 15-33 is 15,000 feet become familiar with the physical con

long and 300 feet wide with 1,000-foot dition of the airfield; abide by the con

overruns. The first 3,500 feet at each ditions placed upon such use; subject end of the runway have been modified the aircraft, the user, and those ac for smoothness. The center 8,000 feet companying the user to any require of the runway is grooved for improved ments imposed by NASA in the inter- braking under wet conditions. est of security and safety while the (2) Parking Areas and Hangar aircraft or persons are on a NASA fa- Space. No hangar space is available. cility; use the facilities entirely at the Limited available concrete parking user's own risk; hold the Federal Gov- ramp space makes precoordination ernment harmless with respect to any necessary. and all liabilities which may arise as a (3) Control Tower. The control tower result of the use of the facilities, and is normally in operation from 0800 to carry insurance covering liability to 1600 local time, Monday through others in amounts not less than those Friday. Additional hours of operation listed in the Hold Harmless Agree are filed with the St. Petersburg ment.

Flight Service Station (FSS). The (d) Permission to use a NASA air tower may be contacted on 128.55 MHz field facility will be granted only in ac

or 284.0 MHZ. FAA regulations percordance with the limitations and pro

taining to the operation of aircraft at cedures established by an approving

airports with an operating control authority and then only when such

tower (§ 91.87 of this title) will apply. use will not compete with another air

When the tower is not in operation, port in the vicinity which imposes

the FAA regulations pertaining to the landing fees or other user charges.

operation of aircraft at airports with(e) In no event, except for an in

out an operating control tower (8 91.89

of this title) will apply. flight emergency (see $ 1204.1406), will permission to use NASA airfield facili

(4) Navigation aids. A Microwave

Scanning Beam Landing System ties be granted to an aircraft arriving

(MSBLS) and a Tactical Airborne directly from, or destined for, any lo

Navigation System (TACAN) are incation outside the continental United

stalled at the Facility. There are two States unless previously arranged and

published TACAN approaches and an approved by the authorized approving

approved and published nondirectionofficial.

al beacon (NDB) approach available (f) Permission to use NASA airfields

from Titusville. Runway approach may be granted only to those users

lighting (similar to Category II ALSFhaving the legal capacity to contract 2) and edge lights are available by and whose aircraft are in full compli prior arrangement. ance with applicable Federal Aviation (5) Hazards. There are towers and Administration (FAA) or other cogni- buildings south, southeast, and northzant regulatory agency requirements. east of the facility as high as 550 feet

(g) Permission to use NASA airfields, that could pose hazards to air navigaexcept in connection with a declared tion. All are marked with obstruction in-flight emergency, will consist only lights. of the right to land, park an aircraft, (6) Emergency Equipment. Aircraft and subsequently take off. NASA is Rescue and Fire-fighting (ARFF) not equipped to provide any other equipment will be provided in accordservices such as maintenance or fuel ance with 14 CFR part 139. and such services will not be provided (b) Wallops Airport-(1) Runways. except following an in-flight emergen There are three hard surfaced runcy.

ways in satisfactory condition. The

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