(2) Company desired tests which are related to a project which is either under contract with or supported by a letter of intent from a Government agency, but are beyond the scope of the tests requested by the Government agency. A fee will be charged for these company projects.

(b) Government projects. Includes work for industry on projects which are either under contract with or supported by a letter of intent from a Government agency. The work must be requested by the Government agency. No fee will be charged for this type of work. (An exception is the national transonic facility for which a reimbursable policy is being developed.)

(c) United States/foreign industry consortium projects. This involves U.S. companies, which have formed a consortium or any other type of association with foreign companies, that desire tests on aerospace projects of joint or foreign interest. An application for work for such a consortium shall disclose the foreign interest in or anticipated foreign benefit from tests to be conducted and shall first be reviewed by the Director, International Affairs Division for consistency with current U.S. foreign policy and for compatibility with section 102 of the National Aeronautics and Space Act of 1958, as amended, prior to a final decision being reached on the application. A fee will be charged for these consortium projects unless, in the review procedure above, it is determined that Government agency cooperative sponsorship warrants a nonfee arrangement.

(d) Foreign company projects. Foreign company requests for wind tunnel use that are not related to U.S. Government or U.S. industry interests or programs will generally not be granted and will in no event be granted prior to a review, as required in paragraph (c) of this section, by the Director, International Affairs Division.

§ 1210.3 Priorities and schedules.

(a) Priorities. Unitary wind tunnels shall be available primarily to industry for development work. However, allocations of wind tunnel time shall be in accordance with the public interests, with proper emphasis upon the re

quirements of the military services and due consideration of civilian needs. Research work shall have priority in all other NASA facilities. Priority conflicts may be referred to the Associate Administrator for Aeronautics and Space Technology for review and final determination.

(b) Schedules. Schedules showing the allocation of testing time for Government projects and for company projects for unitary wind tunnels and other major wind tunnels will be established by the appropriate Center each month for the ensuing 3-month period and submitted to NASA Headquarters, Attn.: Code RA, by the first day of each month.

§ 1210.4 Company projects.

(a) Initiation of company projects. Company projects will be initiated by a letter to the Center Director followed by a conference between company and NASA representatives at the Center having responsibility for the facility proposed for the project. The company representatives will be required to explain the technical need for the project and why the NASA facility is required, as well as to define the extent of the test program, model and equipment requirements, and schedule. The Center shall maintain a file of all company requests and their disposition. The company may be required to provide a safety analysis report (SAR) to augment the wind tunnel SAR by describing potential hazards that the company test program, model and equipment may present to NASA facilities and personnel.

(b) Scheduling of tests. In scheduling time for company projects, the responsible NASA Center will take into account priorities as specified in § 1210.3 and all projects, including Government, company, and NASA research work relative to the national interest. Every reasonable attempt will be made to accommodate technically justifiable projects on as timely a basis as possible.

(c) Fees for company projects. The policy on charges for the use of NASA facilities is explained in NASA Management Instruction 9080.1A, dated November 21, 1975, titled, "Review,

Approval and Imposition of User Charges." The fee imposed for a company project will cover all direct and indirect costs to NASA for the wind tunnel test.

(1) Occupancy time charge. (i) The occupancy time will be computed from the start of installation of the test article in the wind tunnel test section through the time on which the test article is removed from the test section and the test section restored to its original condition.

(ii) The occupancy time rate will be computed from the sum of the annual cost of the operating crew plus the estimated annual maintenance cost of the facility and will be determined in accordance with NASA Management Instruction 9080.1A.

(iii) The sum of the annual cost for the operating crew and the estimated annual maintenance cost divided by the number of operational weeks, depending on the facility, gives the weekly occupancy rate. This fee will be charged per basic week of 5 days, each day to be one-fifth week. The remaining weeks over the number of operational weeks for each year are the estimated maintenance reserve and holiday allowance; hence, no charge will be made for a holiday occurring during a test period.

(2) Energy/fuel. The charge for energy/fuel will be determined from the energy/fuel consumed during the tests and the actual cost to the NASA.

(3) Data reduction. The cost of data reduction and the data report will include labor, materials, computing machine rental, and appropriate indirect charges in accordance with NASA Management Instruction 9080.1A.

(4) Cancellation of scheduled wind tunnel time. Upon determination of a test schedule by the representatives of the company and of the NASA, it becomes the responsibility of the company to meet this schedule. A project may be canceled by the company without charge on 60 days' notice depending upon the readiness of succeeding projects. In the event subsequently scheduled work cannot be scheduled in lieu of the company's work, when canceled with less than 60 days' notice, the company shall be required to pay the occupancy time charge for the

scheduled test period or for the period the facility test section is idle due to the cancellation, whichever results in the smaller charge. Curtailment of a project underway before the end of the scheduled test period may be made by the company. In this event, the company shall be required to pay the occupancy charge for the time used plus the unused scheduled time or for the idle time of the test section, whichever is the smaller.

(5) High power requirements. Unavailability of adequate power or economic considerations may, on оссаsion, cause delay or cancellation of high-powered test runs. The company shall cooperate with the facility staff in the scheduling of low-powered runs during periods when large blocks of power are unavailable. However, should rescheduling of test runs to accommodate power shortages be impractical, occupancy time charge credits will be made for time lost arising from such shortages. The basis for these credits, which will also be made for delays due to breakdown or malfunction of Government-furnished equipment or instrumentation, or due to other reasons beyond the control of the company, will be determined by each Center. The test period allotted for the program may be extended to offset delays in lieu of refund.

(d) Test data transmittal. The basic data for company projects will be transmitted to the requesting company without detailed analysis but with the necessary description of methods and techniques employed to permit proper interpretation of the data.

(e) Proprietary rights. In order to protect the trade secrets of companies, NASA will generate one set of final results, which will become the property of the company and be promptly transmitted to the company. If, subsequently, there is need to review the results, it will be the responsibility of the company to provide the NASA Center with copies of the resulting data on loan. Upon completion of the review, the data will be returned to the company. Should the company desire to maintain its trade secret rights in the data during the loan period, it should mark the data with a notice stating that the data shall not

be used or disclosed other than for review purposes without prior written permission of the company. NASA, in turn, will protect that data covered by the notice which is protected under the law as a trade secret.

(f) Test preparation and conduct (see § 1210.6).

§ 1210.5 Government projects.

(a) Initiation of Government projects. Government projects shall be initiated through a conference of representatives from the contracted company, the sponsoring Government agency, and the staff of the NASA Center having responsibility for the facility proposed for the project. The purpose of the conference will be to establish the technical basis for the project and why the NASA facility is required as well as to define the extent of the test program, model and instrumentation requirements, and schedule. Upon concurrence of the Center Director, the sponsoring Government agency will submit a letter of request to NASA Headquarters for approval as well as clearing the request through the projects allocation and priority group (see paragraph (b) of this section). A safety analysis report (SAR) may be required to augment the wind tunnel SAR by describing the potential hazards that the project test program, model, and equipment may present to NASA facilities and personnel.

(b) Projects allocation and priority group. For coordinating Government projects, there is a group established jointly by the Department of Defense and the NASA. It consists of one representative each from the Air Force, Army, Navy, and NASA, competent to determine military priorities in the use of the NASA and other Government-owned facilities. The group is known as the aircraft, missile and propulsion projects allocation and priority group.

(c) Scheduling of tests. Government projects will be scheduled with due consideration of the priorities established by the projects allocation and priority group.

(d) Test data transmitted. The basic data for Government projects, without detailed analysis but with the necessary description of methods and tech

niques employed to permit the proper interpretation of the data, will be transmitted to the company for whom the tests were made and the sponsoring Government agency. Further disclosure by NASA of the test results will be made only with the prior concurrence of the sponsoring Government agency.

§ 1210.6 Test preparation and conduct.

(a) Programing by user. The user will be given the greatest possible freedom within the objectives of the scheduled program to obtain the precise information it requires, to determine the sequence and number of test runs to be made, and to make modifications to the program arising from the results currently being obtained, subject to requirements of safety, energy conservation, practicability, and the total time assigned.

(b) Instrumentation. Each facility will provide basic instrumentation suitable for the test range of the respective facility and computing equipment for the reduction of test data. Information will be furnished for each facility on the permissible size of model, standard balances, safety margins to be used in the construction of models, model mounting details, and other pertinent factors. If the basic instrumentation furnished by the facility does not meet the test requirements, the company will provide suitable instrumentation which will generally be calibrated by the facility staff to insure accuracy of measurement. This instrumentation will be made available sufficiently in advance of the test date to accomplish the calibration. Serious delays arising from inaccuracies in user supplied instrumentation, if occurring during the scheduled test period, may result in reassignment of the position of the tests on the facility schedule. Detailed specifications and arrangements for special instrumentation will be established by mutual agreement. All model criteria required by the facility for safety consideration including the necessary drawings and stress analyses of the articles to be tested will be furnished at a time specified by the facility staff for their use in preparing for the test.

The user will also be required to furnish all information necessary to prepare the data reduction software program at a date specified by the facility staff.

(c) Test program. All tests will be conducted under NASA supervision and by NASA personnel or by NASA support service contractor personnel unless approved otherwise by the facility manager. By agreement between the user (company representatives and the requesting agency) and the Center staff, changes in the test program may be made within the objectives of the scheduled program if time is available. When tests are not totally conducted by NASA personnel or by NASA support service contractor personnel, the NASA Field Installation Safety Officer shall verify that the company personnel are fully cognizant of facility safety problems and operations. A current SAR on the facility shall be available to the company personnel for review.

(d) Handling test data. The NASA staff will be responsible for obtaining all test data, its reduction to suitable coefficient form, and the accuracy of the final data, but the NASA will assume no responsibility for the interpretation of the data by others. Transmittal of the data will be made as rapidly as possible. For company projects, the data will be transmitted as directed by the company. The data for Government projects will be transmitted simultaneously to the sponsoring Government agency and the contractor, unless otherwise directed by the sponsoring agency.

(e) Shops and office space. During the conduct of user testing, the NASA will make available machine tools in the facility shop and desk space to the user whose projects are under tests.

(f) Company furnished personnel. User personnel furnished for each project will be agreed upon between the user and facility staff prior to the test.

(1) Touched directly or come within the atmospheric envelope of any other celestial body; or

(2) Touched directly or been in close proximity to (or been exposed indirectly to) any person, property, animal or other form of life or matter who or which has been extraterrestrially exposed by virtue of paragraph (b)(1) of this section.

For example, if person or thing "A" touches the surface of the Moon, and on "A's" return to the Earth, "B" touches "A" and, subsequently, "C" touches "B," all of these "A" through "C" inclusive-would be extraterrestrially exposed ("A" and "B" directly; "C" indirectly).

(c) "Quarantine" means the detention, examination and decontamination of any person, property, animal or other form of life or matter whatever that is extraterrestrially exposed, and includes the apprehension or seizure of such person, property, animal or other form of life or matter whatever.

(d) "Quarantine period" means a period of consecutive calendar days as may be established in accordance with § 1211.104(a).

(e) "United States" means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa and any other territory or possession of the United States, and in a territorial sense all places and waters subject to the jurisdiction of the United States.

§ 1211.103 Authority.

(a) Sections 203 and 304 of the National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2473, 2455 and 2456).

(b) 18 U.S.C. 799.

(c) Article IX, Outer Space Treaty, TIAS 6347 (18 UST 2416).

(d) NASA Management Instructions 1052.90 and 8020.13.

§ 1211.104 Policy.

(a) Administrative actions. The Administrator or his designee as authorized by § 1204.509 of this chapter shall in his discretion:

(1) Determine the beginning and duration of a quarantine period with respect to any space mission; the quar

antine period as it applies to various life forms will be announced.

(2) Designate in writing quarantine officers to exercise quarantine authority.

(3) Determine that a particular person, property, animal, or other form of life or matter whatever is extraterrestrially exposed and quarantine such person, property, animal, or other form of life or matter whatever. The quarantine may be based only on a determination, with or without the benefit of a hearing, that there is probable cause to believe that such person, property, animal or other form of life or matter whatever is extraterrestrially exposed.

(4) Determine within the United States or within vessels or vehicles of the United States the place, boundaries, and rules of operation of necessary quarantine stations.

(5) Provide for guard services by contract or otherwise, as may be necessary, to maintain security and inviolability of quarantine stations and quarantined persons, property, animals, or other form of life or matter whatever. (6) Provide for the subsistence, health, and welfare of persons quarantined under the provisions of this part.

(7) Hold such hearings at such times, in such manner and for such purposes as may be desirable or necessary under this part, including hearings for the purpose of creating a record for use in making any determination under this part or for the purpose of reviewing any such determination.

(8) Cooperate with the Department of Health, Education, and Welfare and the Department of Agriculture in accordance with the provisions of § 1211.105.

(9) Take such other actions as may be prudent or necessary and which are consistent with this part.

(b) Quarantine. (1) During any period of announced quarantine, the property within the posted perimeter of the Lunar Receiving Laboratory at the Manned Spacecraft Center, Houston, Tex., is designated as the NASA Lunar Receiving Laboratory Quarantine Station.

(2) Other quarantine stations may be established if determined necessary