Page images
PDF
EPUB

in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant;

(b) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within

very grant officer or other designee, unless the Federal agency designates a central point for the receipt of such notices. When notice is made to such a central point, it shall include the identification number(s) of each affected grant. (55 FR 21690, 21692, May 25, 1990)

10 d

endar d

PART 1266—CROSS-WAIVER OF

LIABILITY

(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a);

(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will

(1) Abide by the terms of the statement; and

(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction;

(e) Notifying the agency in writing, within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employ. ees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted em ployee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant;

(f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d)(2), with respect to any employee who is so convicted

(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or

(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;

(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).

B. The grantee may insert in the space provided below the site(s) for the perform. ance of work done in connection with the specific grant: Place of Performance (Street address, city,

county, state, zip code)

Sec. 1266.100 Purpose. 1266.101 Scope. 1266.102 Cross-waiver of liability for Space

Station Freedom activities. 1266.103 Cross-waiver of liability during

Shuttle Operations. 1266.104 Cross-waiver of liability for NASA

expendable launch vehicle (ELV) pro

gram launches. AUTHORITY: 42 U.S.C. 2473 (c)(1) and (c)(5).

SOURCE: 56 FR 48430, Sept. 25, 1991, unless otherwise noted.

8 1266.100 Purpose.

The purpose of this regulation is to ensure that consistent cross-waivers of liability are included in NASA agreements for Space Station Freedom activities, Shuttle launch services, and NASA Expendable Launch Vehicle (ELV) program launches.

§ 1266.101 Scope.

These provisions at 1266.102, contained in Article 16 of the “Intergov. ernmental Agreement among the United States, the Governments of Member States of the European Space Agency, the Government of Japan, and the Government of Canada on Cooperation in the Detailed Design, Development, Operation and Utilization of the Permanently Manned Civil Space Station,” form the regulatory basis for cross-waivers to be incorporated in NASA agreements implementing the Intergovernmental Agreement

Check O if there are workplaces on file that are not identified here. Alternate II. (Grantees Who Are

Individuals) (a) The grantee certifies that, as a condition of the grant, he or she will not engage

and the memoranda of understanding (MOU) between NASA and the Gov. between the U.S. and its respective ernment of Japan to assist the Govinternational partners on Space Sta- ernment of Japan's Cooperating tion Freedom. The provisions at Agency in the implementation of that 8 1266.103 of this part provide the reg. MOU. ulatory basis for cross-waiver clauses (2) The term related entity means: to be incorporated in agreements for (i) A contractor or subcontractor of Shuttle launch services that do not in a Partner State at any tier; volve activities in connection with (ii) A user or customer of a Partner Space Station Freedom. The provi. State at any tier; or sions at $ 1266.104 of this part provide (iii) A contractor or subcontractor of the regulatory basis for cross-waiver a user or customer of a Partner State clauses to be incorporated in agree at any tier. “Contractors” and “subments for NASA ELV program contractors” include suppliers of any launches that do not involve activities kind. in connection with Space Station Free- (3) The term damage means: dom.

(i) Bodily injury to, or other impair

ment of health of, or death of, any 8 1266.102 Cross-waiver of liability for

person; Space Station Freedom activities.

(ii) Damage to, loss of, or loss of use (a) The objective of this section is to of any property; establish a cross-waiver of liability (iii) Loss of revenue or profits; or (“cross-waiver”) by the Partner States (iv) Other direct, indirect, or conseand related entities in the interest of quential damage. encouraging participation in explora (4) The term launch vehicle means tion, exploitation, and use of outer an object (or any part thereof) intendspace through the Space Station. This ed for launch, launched from Earth, cross-waiver of liability shall be broad- or returning to Earth which carries ly construed to achieve this objective. payloads or persons, or both.

(b) For the purposes of this section: (5) The term payload means all

(1) (i) A Partner State is each con property to be flown or used on or in a tracting Party for which the “Agree- launch vehicle or the Space Station. ment among the Government of the (6) The term Protected Space OperUnited States of America, Govern ations means all launch vehicle activi. ments of Member States of the Euro ties, Space Station Freedom activities, pean Space Agency, the Government and payload activities on Earth, in of Japan, and the Government of outer space, or in transit between Canada on Cooperation in the De- Earth and outer space done in impletailed Design, Development, Oper- mentation of this Agreement, the ation, and Utilization of the Perma MOU's, and implementing arrangenently Manned Civil Space Station" ments. It includes, but is not limited (the “Intergovernmental Agreement”) to: has entered into force, in accordance (i) Research, design, development, with Article 25 of the Intergovernmen- test, manufacture, assembly, integratal Agreement.

tion, operation, or use of launch or (ii) A Partner State includes its Co transfer vehicles (for example, the Oroperating Agency. The National Aero bital Maneuvering Vehicle), the Space nautics and Space Administration Station, or a payload, as well as relat(NASA) for the United States, the Eu ed support equipment and facilities ropean Space Agency (ESA) for the and services; European Governments, the Canadian (ii) All activities related to ground Space Agency (CSA) for the Govern support, test, training, simulation, or ment of Canada, and the Science and guidance and control equipment, and Technology Agency of Japan (STA) related facilities or services. Protected are the Cooperating Agencies responsi Space Operations also includes all acble for implementing Space Station co tivities related to evolution of the operation. A Partner State also in Space Station, as provided for in Articludes any entity specified in the cle 14 of the Intergovernmental Agree. Memorandum of Understanding ment. Protected Space Operations ex

cludes activities on Earth which are for injury or death of such natural conducted on return from the Space person; Station to develop further a payload's (iii) Claims for damage caused by product or process for use other than willful misconduct; for Space Station-related activities in (iv) Intellectual property claims. implementation of this Agreement.

(5) Nothing in this section shall be (c)(1) Each Partner State agrees to a construed to create the basis for a cross-waiver of liability pursuant to claim or suit where none would otherwhich each Partner State waives all

wise exist. claims against any of the entities or persons listed in paragraphs (c)(1)(i) 8 1266.103 Cross-waiver of liability during through (c)(1)(iii) of this section based Shuttle operations. on damage arising out of Protected

(a) The purpose of this section is to Space Operations. This cross-waiver

establish a cross-waiver of liability beshall apply only if the person, entity,

tween the parties to Shuttle launch or property causing the damage is in

services agreements and to other volved in Protected Space Operations

NASA agreements that involve Shutand the person, entity, or property is

tle flights, and the parties' related endamaged by virtue of its involvement

tities, in the interest of encouraging in Protected Space Operations. The

participation in space exploration, excross-waiver shall apply to any claims

ploitation, and investment. The crossfor damage, whatever the legal basis

waiver of liability shall be broadly confor such claims, including but not lim

strued to achieve this objective. ited to delict and tort (including negli

(b) As used in this cross-waiver, the gence of every degree and kind) and

term: contract, against:

(1) Party means a person or entity (i) Another Partner State;

that signs an agreement involving a (ii) A related entity of another Part

Shuttle flight; ner State;

(2) Related Entity means: (iii) The employees of any of the entities identified in paragraphs (c)(1)(i)

(i) A contractor or subcontractor of and (c)(1)(ii) of this section.

a Party at any tier; (2) In addition, each Partner State

(ii) A user or customer of a Party at shall extend the cross-waiver of liabil

any tier; or ity as set forth in paragraph (c)(1) of

(iii) A contractor or subcontractor of this section to its own related entities

a user or customer of a Party at any by requiring them, by contract or oth

tier. Contractors and Subcontractors erwise, to agree to waive all claims

include suppliers of any kind; against the entities or persons identi (3) Damage means: fied in paragraphs (c)(1)(i) through (i) Bodily injury to, or other impair(c)(1)(iii) of this section.

ment of health of, or death of, any (3) For avoidance of doubt, this person; cross-waiver of liability includes a (ii) Damage to, loss of, or loss of use cross-waiver of liability arising from of any property; the Liability Convention where the (iii) Loss of revenue or profits; or person, entity, or property causing the (iv) Other direct, indirect, or consedamage is involved in Protected Space quential damage; Operations, and the person, entity, or (4) Payload means any property to property damaged is damaged by be flown or used on or in the Shuttle; virtue of its involvement in Protected and Space Operations.

(5) Protected Space Operations (4) Notwithstanding the other provi- means all Space Shuttle and payload sions of this section, this cross-waiver activities on Earth, in outer space, or of liability shall not be applicable to: in transit between Earth and outer

(i) Claims between a Partner State space done in implementation of an and its own related entity or between agreement for Shuttle launch services. its own related entities;

Protected Space Operations begin at (ii) Claims made by a natural person, the signature of the agreement and his/her estate, survivors, or subrogees ends when all activities done in imple

mentation of the agreement are completed. It includes, but is not limited to:

(i) Research, design, development, test, manufacture, assembly, integra. tion, operation, or use of: the Space Shuttle, transfer vehicles, payloads, related support equipment, and facili. ties and services;

(ii) All activities related to ground support, test, training, simulation, or guidance and control equipment and related facilities or services. Protected Space Operations excludes activities on Earth which are conducted on return from space to develop further a payload's product or process for use other than for Shuttle-related activi. ties necessary to complete implementation of the agreement.

(c)(1) Each Party agrees to a crosswaiver of liability pursuant to which each Party waives all claims against any of the entities or persons listed in paragraphs (c)(1)(i) through (c)(1)(iv) of this section based on damage arising out of Protected Space Operations. This cross-waiver shall apply only if the person, entity, or property causing the damage is involved in Protected Space Operations and the person, entity, or property damaged is damaged by virtue of its involvement in Protected Space Operations. The cross-waiver shall apply to any claims for darnage, whatever the legal basis for such claims, including but not limited to delict and tort (including negli. gence of every degree and kind) and contract, against:

(i) Another Party;

(ii) Any Party who has signed a NASA agreement that includes a Shuttle flight;

(iii) A related entity of any party in paragraph (c)(1)(ii) of this section;

(iv) The employees of any of the entities identified in (c)(1)(i) through (c)(1)(iii) of this section.

(2) In addition, each Party shall extend the cross-waiver of liability as set forth in paragraph (c)(1) of this section to its own related entities by requiring them, by contract or otherwise, to agree to waive all claims against the entities or persons identified in paragraphs (c)(1)(i) through (c)(1)(iv) of this section.

(3) For avoidance of doubt, this cross-waiver includes a cross-waiver of liability arising from the Convention on International Liability for Damage Caused by Space Objects, (Mar. 29, 1972, 24 United States Treaties and other International Agreements (U.S.T.) 2389, Treaties and Other International Acts Series (T.I.A.S.) No. 7762) where the person, entity, or property causing the damage is involved in Protected Space Operations and the person, entity, or property damaged is damaged by virtue of its involvement in Protected Space Operations.

(4) Notwithstanding the other provisions of this section, this cross-waiver of liability shall not be applicable to:

(i) Claims between a Party and its own related entity or between its own related entities;

(ii) Claims made by a natural person, his/her estate, survivors, or subrogees for injury or death of such natural for iniury or death o person;

(iii) Claims for damage caused by willful misconduct;

(iv) Intellectual property claims;

(v) Contract claims between the Par. ties based on the express contractual provisions of the agreement;

(vi) Claims for damage based on a failure of the Parties or their related entities to flow down the cross-waiver.

(5) Nothing in this section shall be construed to create the basis for a claim or suit where none would otherwise exist.

8 1266.104 Cross-waiver of liability for

NASA expendable launch vehicle

(ELV) program launches. (a) The purpose of this section is to establish a cross-waiver of liability between the parties to agreements for NASA ELV program launches, and the parties' related entities, in the interest of encouraging space exploration and investment. The cross-waiver of liabile ity shall be broadly construed to achieve this objective.

(b) As used in this section, the term:

(1) Party means a person or entity that signs an agreement involving an ELV launch;

(2) Related Entity means:

(1) A contractor or subcontractor of aged by virtue of its involvement in a Party at any tier;

Protected Space Operations. The (ii) A user or customer of a Party at cross-waiver shall apply to any claims any tier; or

for damage, whatever the legal basis (iii) a contractor or subcontractor of for such claims, including but not lima user or customer of a Party at any ited to delict and tort (including neglitier. Contractors and "Subcontrac- gence of every degree and kind) and tors” include suppliers of any kind. contract, against: (3) Damage means:

(i) Another Party; (i) Bodily injury to, or other impair

(i) A related entity of another ment to health of, or death of, any Party; person;

(iii) The employees of any of the en(i) Damage to, loss of, or loss of use tities identified in paragraphs (c)(1) (1) of any property;

and (ii) of this section. (ii) Loss of revenue or profits; or

(2) In addition, each Party shall (iv) Other direct, indirect, or conse

extend the cross-waiver of liability as quential damage;

set forth in paragraph (c)(1) of this (4) Payload means any property to

section to its own related entities by be flown or used on or in an ELV; and

requiring them, by contract or other(5) Protected Space Operations

wise, to agree to waive all claims means all expendable launch vehicle

against the entities or persons identiand payload activities on Earth, in

n, in fied in paragraphs (c)(1)(i) through outer space, or in transit between

(c)(1)(iii) of this section.

mooie Earth and outer space in implementa

(3) For avoidance of doubt, this tion of the agreement. Protected

cross-waiver of liability includes a Space Operations begins at the signa

cross-waiver of liability arising from ture of the agreement and ends when

the Convention on International Liall activities done in implementation

ability for Damage Caused by Space of the agreement are completed. It in

Objects (Mar. 29, 1972, 24 United cludes, but is not limited to:

States Treaties and other Internation(i) Research, design, development,

al Agreements (U.S.T.) 2389, Treaties test, manufacture, assembly, integra

and other International Acts Series tion, operation, or use of: expendable

(T.I.A.S.) No. 7762) where the person, launch vehicles (ELV), transfer vehi

entity, or property causing the cles, payloads, related support equip

damage is involved in Protected Space ment, and facilities and services;

Operations and the person, entity, or (ii) All activities related to ground

property damaged is damaged by support, test, training, simulation, or

virtue of its involvement in Protected guidance and control equipment, and

Space Operations. related facilities or services. Protected Space Operations excludes activities

(4) Notwithstanding the other provi

sions of this section, this cross-waiver on Earth which are conducted on return from space to develop further a

shall not be applicable to: payload's product or process for use

(i) Claims between a Party and its other than for ELV-related activities

own related entity or between its own necessary to complete implementation

related entities; of the agreement.

(ii) Claims made by a natural person, (c)(1) Each Party agrees to a cross

his/her estate, survivors, or subrogees waiver of liability pursuant to which

for injury or death of such natural each Party waivers all claims against

person; any of the entities or persons listed in (iii) Claims for damage caused by paragraphs (c)(1)(i) through (c)(1)(iii) willful misconduct; of this section based on damage aris (iv) Intellectual property claims; ing out of Protected Space Operations. (v) Contract claims between the ParThis cross-waiver shall apply only if ties based on the express contractual the person, entity, or property causing provisions of the agreement; the damage is involved in Protected (vi) Claims for damage based on a Space Operations and the person, failure of the Parties or their related entity, or property damaged is dam- entities to flow-down the cross-waiver.

[blocks in formation]
« PreviousContinue »