Final Rule Concerning Small Self-Contained Payloads (SSCPs) Federal Register: July 18, 2001 (Volume 66, Number 138)

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1214

RIN 2700-AC39

Space Shuttle

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

SUMMARY: This rule adds regulations concerning Small Self-Contained
Payloads (SSCPs). NASA has established four classes of SSCP payloads,
and has changed the definitions for Class II and Class III payloads.
This rule creates a separate classification, Class IV, for
international payload customers. International educational institutions
may participate either through cooperative activities with domestic
educational institutions as Class I payloads, or independently as Class
IV payloads.

This revised rule ensures that NASA will continue to offer domestic
educational institutions lower prices, relative to other users, for
standard launch services for SSCP’s. These domestic educational
institutions are required to meet certain criteria and agree to certain
provisions established by NASA. In addition, NASA is changing the
pricing structure for a defined group of domestic educational
institutions. The pricing structure for those domestic educational
institutions (Class I) will be based on the payload user
classification, payload weight and volume. Class I payloads may qualify
for a further reduced standard flight price, depending on services
required. Further details of the pricing structure will be available,
once approved, on the web site: http://www.wff.nasa.gov/~sspp/gas/gas.html

In addition, with this revision, NASA has redefined the flight
rotation process to incorporate the new classification, and to provide
the domestic educational institutions a higher priority ranking
opportunity in the flight scheduling process of manifesting Get Away
Special (GAS) payloads.

Dates: Effective Date: This rule is effective September 17, 2001.

Comments Date: Written comments and opinions on this rule will be
accepted until the close of business: August 17, 2001, and will be
considered before the rule is made final.

ADDRESSES: Address all comments concerning this final rule to Lynda
Cywanowicz, Space Operations Division, Office of Space Flight, National
Aeronautics and Space Administration, Washington, DC 20546.

FOR FURTHER INFORMATION CONTACT: Lynda Cywanowicz, Space Operations
Division, 202-358-1673.

SUPPLEMENTARY INFORMATION: NASA issued the original SSCP rule in 1980,
45 FR 73022 (Nov. 4, 1980). The rule established conditions of use,
reimbursement procedures, and flight scheduling mechanisms for SSCP’s
flown on NASA’s Space Transportation System (STS). The rule was needed
to ensure equitable allocation of space in the SSCP program to three
groups of users–educational, commercial and U.S. government.

The rule was first revised generally by NASA in 1991, 56 FR 47146
(Sept. 18, 1991). The rule was revised again in 1992, 57 FR 61794 (Dec.
29, 1992) creating 14 CFR 1214.10, “Special Policy on Use of Small
Self-Contained Payloads (SSCP’s) by Domestic Educational
Institutions.” The revision provided two different pricing structures;
an increased standard flight price for commercial and international
customers, while the original price remained for the domestic
educational institutions. On April 23, 1999, the National Aeronautics
and Space Administration revoked both 14 CFR 1214.9 and 1214.10.

The SSCP program is reissuing the regulation as revised herewith.
These changes are being made in furtherance of NASA’s commitment to
education outreach.

Electronic Access and Filing

You may submit comments and data by sending electronic mail to
Lynda.Cywanowicz@hq.nasa.gov. Submit comments in Microsoft Word file
(xxx.doc), Text (xxx.txt) or Rich text format (xxx.rtf).

List of Subjects in 14 CFR Part 1214

Government employees, Government procurement, Security measures,
Space transportation and exploration.

For the reasons stated in the preamble, the National Aeronautics
and Space Administration amends 14 CFR Part 1214 by adding subpart 1214.9
reading as follows:

Subpart 1214.9–Small Self-Contained Payloads (SSCPs)

Sec.

1214.900 What does this subpart cover?

1214.901 What is the relationship of this subpart with subparts
1214.1 and 1214.2?

1214.902 Definitions.

1214.903 What are the requirements concerning Launch Services
Agreements (LSA)?

1214.904 What are the conditions of use for a SSCP?

1214.905 What is NASA’s reimbursement policy?

1214.906 When will my payload be scheduled to fly?

1214.907 Will NASA re-fly my payload if something goes wrong (and
it’s not my fault)?

1214.908 Who gets rights to patents resulting from the payload or
to the scientific/research data generated?

1214.909 What if my payload is damaged?

1214.910 What are the standard services NASA provides for my
payload?

1214.911 Can I buy optional services for my payload from NASA?

1214.912 Are there special provisions for SSCP participants who
already have a signed LSA governed by regulations in effect before
April 23, 1999?

Authority: 42 U.S.C. 2473 and 2475.

Sec. 1214.900 What does this subpart cover?

This subpart sets forth the rules on Space Shuttle services that
are provided by NASA to participants in the Small Self-Contained
Payloads (SSCP’s) Program. This subpart also includes NASA’s policy for
the use of SSCP’s by domestic educational institutions. NASA’s policy
on SSCP’s is to stimulate and encourage the use of space by a wide
range of participants, particularly those associated with education.

Sec. 1214.901 What is the relationship of this subpart with subparts
1214.1 and 1214.2?

This subpart governs the provision of Space Shuttle services for
SSCP’s; subparts 1214.1 and 1214.2 are not applicable.

Sec. 1214.902 Definitions.

(a) What is a SSCP? SSCP’s, otherwise known as Get Away Specials
(GAS), are small (200 pounds or less and 5 cubic feet or less)
scientific research and development payloads flown on a space-available
basis in a NASA-supplied standard cylindrical container under the
provisions of this subpart.

(b) Who is a SSCP participant? A SSCP participant is any individual
or entity that meets the following criteria:

(1) Submits a letter requesting a SSCP flight opportunity (for an
authorized representative of NASA, this is considered a “Letter of
Intent”) and includes a brief description of the proposed payload to
the Shuttle Small Payload Projects Office (SSPPO), Goddard Space Flight
Center, Wallops Flight Facility, National Aeronautics and Space
Administration, Wallops Island, VA 23337.

(2) Any individual, entity or U.S. Government agency (other than
NASA), shall also submit an earnest money deposit of $500 to pursue a
SSCP flight opportunity.

(3) The party submitting the $500 earnest money deposit need not be
the entity providing the payload. The party entering into the Launch
Services Agreement (LSA) is responsible for payment of standard and
optional service fees agreed upon in the signed LSA.

(4) The party signing the LSA may enter into a joint venture or
other arrangement (sponsorship) with one or more parties to fly the
payload in one NASA container. All participants involved in the project
shall be identified in the signed LSA.

(c) What are payload classes? NASA determines the class for each
payload based on the type of institution or organization providing or
supplying the payload, as defined in the LSA. Classes of payloads are
defined as follows:

(1) Class I payloads are payloads flown for scientific educational
purposes by a recognized domestic educational institution. For a
payload to qualify for flight as a Class I, “domestic educational
institution payload”:

(i) The applying institution must be a U.S. public or private
nonprofit (Section 501(c)(3) of the Internal Revenue Code (26 U.S.C.))
educational institution, which may include universities, colleges,
community colleges, elementary or secondary schools, or university-
affiliated education research foundations. Entities other than Section
501(c)(3) domestic education institutions may sponsor a Class I,
domestic education payload, providing the educational institution meets
the criteria established for domestic educational institutions in this
policy.

(ii) The payload must be certified, by an authorized official of
the institution, to be part of an educational or research project that
is principally for the benefit of students, rather than non-students,
such as faculty, research staff or the sponsor. The certification shall
include a brief explanation of the educational aspects of the payload
project and how it principally benefits students.

(iii) Payload experiments should involve students in all phases of
the project, including concept development, initial planning, design,
conduct, and analysis of the results of the experiments.

(2) Class II payloads are payloads flown for the U.S. Government.

(3) Class III payloads are payloads flown for other U.S. commercial
and private entities.

(4) Class IV payloads are payloads flown for international
entities, whether they be educational institutions, government or
industry. Class IV payloads are subject to the same existing U.S. laws
and regulations as are domestic payloads. Class IV payloads are subject
to review and approval by the NASA Office of External Relations. Only
payloads whose use is exclusively for peaceful purposes are eligible
for flight through the GAS Program.

(d) What is an earnest money deposit? An earnest money deposit is a
non-refundable $500 down payment required for participation in the SSCP
Program.

(e) Why is the earnest money receipt (EMR) date important? The
earnest money receipt (EMR) date is the date NASA receives the earnest
money deposit from a non-NASA participant or a “Letter of Intent”
from a NASA participant. Upon receipt of the earnest money or “Letter
of Intent”, a payload identification number is assigned. The EMR date
determines the payload’s position in the flight assignment queue. To
retain the EMR date, the terms defined in the Launch Services Agreement
(LSA) must be met.

(f) What is a LSA? A Launch Services Agreement (LSA) is a binding
contract that describes the governing terms and conditions for flight
of an SSCP payload, including the price for standard and optional
services. For more information on contents of the LSA, refer to
Sec. 1214.903.

(g) What is a PAR? A Payload Accommodations Requirements (PAR)
document is the technical agreement, between NASA’s SSCP Program and
the parties designated in the LSA, which defines the unique information
required for the preparation, flight and disposition of a GAS payload.

(h) What is a PIP? A Payload Integration Plan (PIP) defines the
technical agreement between NASA’s SSCP Program and the Space Shuttle
Program Office at Johnson Space Center (JSC) and defines any Shuttle
related optional service requirements.

(i) What is the “queue”?

(1) The Flight Assignment Queue is the
queue of payloads eligible to be manifested on a shuttle flight. To be
eligible, the payload must meet the following criteria:

(i) A LSA has been signed within the requirements outlined in
Sec. 1214.903.

(ii) The requirements of the signed PAR and PIP have been met.

(iii) NASA has assessed the technical readiness of the payload and
a Phase II Safety Data Package equivalent has been submitted, in
accordance with the NSTS 1700.7, Safety Policy and Requirements for
Payloads Using the STS and the NSTS 13830, Payload Safety Review and
Data Submittal Requirement.

(2) Once a payload has met these criteria, it enters the queue with
its position based on the EMR date.

(j) What is the “Two-in-Twenty” rule? The SSCP Program utilizes a
flight assignment process in which no entity may receive more than two
out of any twenty consecutive payload opportunities, as long as there
are other payloads available for assignment.

(k) What is a cancellation? When the party signing the LSA fails to
meet its obligations under the LSA, with no undue administrative delay
on the part of NASA, the payload will be removed from participation in
the SSCP Program with no refund of monies paid.

(l) What are standard services? Standard services provided to all
SSCP’s are listed in Sec. 1214.910.

(m) What are optional services? Optional services are additional
services requested by the SSCP participant and provided, at NASA’s
option. NASA may also determine the need for a specific optional
service for a payload. Optional services require an additional cost to
the participant and are identified and agreed upon in the LSA (refer to
Sec. 1214.911).

(n) What is an undue administrative delay on the part of NASA? An
undue administrative delay is a delay caused by NASA’s failure to
perform its functions under the LSA in a reasonable time, as determined
by NASA. Delays caused by the parties’ inability to agree to the LSA
terms and conditions are specifically excluded from this definition.

(o) What is a “Letter of Intent”? A “Letter of Intent” is
written by an authorized NASA representative requesting participation
in the SSCP Program. For more information on the “Letter of Intent”,
refer to Sec. 1214.904(e).

Sec. 1214.903 What are the requirements concerning Launch Services
Agreements (LSA)?

(a) Once the Earnest Money Deposit is received, the LSA shall
designate:

(1) All participants involved in the project;

(2) The class of the payload;

(3) The general nature and purpose of the payload;

(4) The size and weight of the payload;

(5) The price for standard services to be provided;

(6) Any restrictions on the type of Shuttle flight appropriate for
flying the payload;

(7) The payment schedule and the terms of cancellation;

(8) The optional services to be provided by NASA and the price of
those services; and

(9) The means of compliance with the provisions of Sec. 1214.908
regarding significant impact on public health, safety or welfare.

(b) A separate LSA shall be signed for each payload.

(c) The LSA must be signed within 12 months from the date of the
letter forwarding the LSA to the SSCP participants for signature. If
the LSA is not signed within the required time, the $500 earnest money
deposit will be forfeited and the payload will be cancelled.

Sec. 1214.904 What are the conditions of use for a SSCP?

(a) The payload must be flown in a NASA-supplied standard
container.

(b) The payload shall be used only to conduct experiments of a
scientific research and development nature or scientific education
purposes.

(c) All participants shall be required to furnish NASA with
sufficient information to ensure Shuttle safety. NASA shall reserve the
right to inspect and/or test all materials, components, and elements of
the payload at any time, including sealed and commercially supplied
payload elements.

(d) The party signing the LSA shall be required to furnish NASA
with sufficient information to verify peaceful purposes and NASA’s and
the U.S. Government’s continued compliance with law and the
Government’s obligations.

(e) NASA participants shall submit a “Letter of Intent”, signed
by an authorized NASA representative, to initiate the process of
arranging for a SSCP flight. A NASA Center is required to seek
sponsorship from a NASA Headquarters Program Office, identify that
sponsoring code and obtain their concurrence in the “Letter of
Intent”.

(f) The NASA Administrator reserves the right to determine the
acceptability of any SSCP participant and any payload, on a case-by-
case basis. The NASA Administrator may reject any payload, which, in
his/her opinion, would be contrary to the educational mission of this
program or NASA’s mission.

(g) To assure humane treatment, the Office of Biological and
Physical Research at NASA Headquarters will review all experiments
using live animals.

Sec. 1214.905 What is NASA’s reimbursement policy?

(a) Will I get my earnest money back if I cancel? No, the earnest
money is non-refundable, but is applied to the standard flight price if
the LSA is signed within the required time. If the LSA is not signed
within the required time, the $500 earnest money will be forfeited and
the payload will be cancelled.

(b) How will I reimburse NASA for services?

(1) NASA shall be reimbursed an amount, which is the sum of the
price for standard services and the price for optional services.

(2) All standard services shall be charged on a fixed-price basis.

Prices are based on the payload classification, weight and volume.
(3) NASA shall be reimbursed in accordance with the reimbursement
schedule specified in the signed LSA.

(c) When there is no undue administrative delay on the part of
NASA, and the progress payments are not reimbursed to NASA within the
allocated time provided in the LSA, all monies paid to date will be
forfeited and the payload will be cancelled.

Sec. 1214.906 When will my payload be scheduled to fly?

(a) NASA shall not be obligated to perform any standard or optional
services, including flight scheduling and placement of the payload on
the STS, if the terms of the signed LSA have not been met.

(b) How does the flight queue work? Tentative flight assignments of
payloads shall be made on a rotation basis using the rotation sequence
of Class I, II, I, III, I, IV, I, II, etc. (refer to Sec. 1214.902(d)).
Rotation is maintained in a continuing sequence from mission to
mission. Payloads must meet all other mission requirements to be
assigned to the available space. If, at the time of a tentative flight
assignment, there are no payloads in the current class of the
continuing rotation that meet all the mission requirements, payloads of
the next class in the rotation sequence shall be considered until a
payload meeting the requirements is found available.

(c) Are there reasons my payload would not be assigned to an
available flight? Payloads shall be assigned on the basis of their
positions in the flight assignment queue within each class with the
following exceptions:

(1) If the available flight does not meet the payload’s
requirements as defined in their signed PAR and LSA, the payload shall
not be assigned to the flight but shall retain its position in the flight assignment queue until a
suitable flight becomes available.

(2) If the “Two-in-Twenty” rule applies to a payload, that
payload shall not be assigned to the flight, but shall retain its
position in the flight assignment queue (refer to Sec. 1214.902 (k)).

(d) Once a payload has been given a tentative flight assignment, it
shall not be removed from a flight as a result of another SSCP
participants’ subsequent signing of a LSA.

(e) NASA may reschedule a payload tentatively assigned to a flight
as a result of other Shuttle operational considerations. Should this be
necessary, rescheduling shall be done on a last-on, first-off basis.

(f) Payloads being re-flown pursuant to Sec. 1214.907 and payloads
rescheduled by NASA after tentative flight assignment shall have flight
assignment priority, in that order, on subsequent flights over all
other payloads including those already assigned to other flights.

(g) NASA shall determine the date for payload delivery to the
launch site. Payment of launch fees, as defined in the signed LSA, is
required before the payload delivery to launch site.

Sec. 1214.907 Will NASA re-fly my payload if something goes wrong (and
it’s not my fault)?

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

(1) Standard SSCP systems are not within nominal specifications, at
the time of first turn-on of the payload in orbit, through no fault of
the SSCP participant (including all its related entities).

(2) The payload’s mission objectives are not achieved solely as a
direct result of the conditions or events described in paragraph (a)(1)
of this section; and

(3) The payload returns safely to Earth or a second (essentially
identical) payload is provided for re-flight.

(b) A re-flight shall be provided with a dollar credit towards
future optional SSCP services, or the party signing the LSA shall be
refunded, for any unused optional SSCP services purchased and paid for
on the Shuttle flight which entitles the payload to a re-flight.

(c) The two-in-twenty rule is not applicable to the re-flight of
the payloads described in this section.

Sec. 1214.908 Who gets rights to patents resulting from the payload or
to the scientific/research data generated?

(a) NASA will not acquire rights to inventions, patents, or
proprietary data privately funded by SSCP participants, or arising out
of activities for which NASA has been reimbursed under the policies set
forth in this subpart. 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 participants that the results will be made
available to the public on terms and conditions reasonable under the
circumstances.

(b) NASA, unless otherwise agreed, will require all scientific or
research data to be made publicly available without restriction of
disclosure and use no later than one year after the Shuttle mission on
which the payload was flown. Possible exceptions are:

(1) Those results comprising an invention for which patent
protection has been or will in a reasonable time be sought; or

(2) Data disclosing an invention prior to applying for patent
protection thereon.

Sec. 1214.909 What if my payload is damaged?

The flight 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 assumes no risk for damage or loss to the payload. The
participants in the SSCP Program assume this risk and are free to
purchase insurance protection against damage or loss to their payload.
In the event the party signing the LSA permits a third party to use its
SSCP flight opportunity, this third party will be required to agree to
the terms of the cross-waiver of liability in the launch services
agreement.

Sec. 1214.910 What are the standard services NASA provides for my
payload?

The following are standard services provided for SSCP’s:

(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
designated NASA centers.

(f) Standard NASA payload safety reviews at a designated NASA
center. (Safety shall not be compromised. Unusually complex safety
reviews or testing/analysis requires additional funding as an optional
service.)

(g) Pre-integration storage of the payload at Kennedy Space Center
(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.

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

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

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

Sec. 1214.911 Can I buy optional services for my payload from NASA?

(a) Optional services are available, and the price, terms, and
conditions for such services shall be negotiated on a case-by-case
basis and agreed upon in the LSA.

(b) Optional services could result in substantial additional
charges and increased liability insurance requirements and/or affect
NASA’s ability to manifest the payload.

(c) NASA may, at its sole discretion, approve or deny the provision
of requested optional services.

Sec. 1214.912 Are there special provisions for SSCP participants who
already have a signed LSA governed by regulations in effect before
April 23, 1999?

(a) Where there are participants with a signed LSA governed by the
provisions of 14 CFR 1214.9 and 1214.10 in effect before April 23, 1999
(and contained in the 14 CFR, Part 1200 to end, edition revised as of
January 1, 1999), and there will be new participants with a signed LSA
governed by the provisions of this subpart 14 CFR 1214.9, the following
provisions apply to the manifesting of payloads:

(1) Participants with a signed LSA may elect to sign a new LSA, and
retain their Earnest Money Receipt date as defined in their original
signed LSA. Once the new LSA is signed, the provisions of this subpart
apply to those participants.

(2) Participants with a signed LSA who choose not to sign a new LSA
will retain their Earnest Money Receipt date and their payload
classification as defined in their original signed LSA, 14 CFR 1214.9
and 1214.10 in effect before April 23, 1999 and shall apply to their
payload’s participation in the SSCP program.

(3) Participants who do not have a signed LSA or have not met the
terms of their signed LSA will be required to either sign a new LSA or
their payload will be cancelled and all monies paid will be forfeited.

(b) The primary differences between the provisions in effect before
April 23, 1999 and the provisions in this subpart are the payload
classification and rotation sequence for manifesting payloads, as set
forth in the following table:

————————————————————————

                     If you remain

   The previous      under the old     If and when you        The new

     rotation       signed LSA, your   sign a new LSA,       rotation

    sequence:        payload class       your payload       sequence:

                        will be:        class will be:

————————————————————————

Class II, Class    Class I–Domestic  Class I–Domestic  Class I, Class

 I, Class II,       Education          Education          II, Class I,

 Class III, Class  Class II–Other    Class II–U.S.      Class III,

 II, Class I,       U.S. and           Government         Class I, Class

 etc.               International     Class III–Other    IV, Class I,

                   Class III-U.S.      U.S.               etc.

                    Government        Class IV–

                                       International

————————————————————————

(c) Payloads will be offered tentative flight opportunities for
each mission in the following sequence until the flight manifest is
fulfilled:

(1) As defined in the provisions of 14 CFR 1214.9 and 1214.10 in
effect before April 23, 1999, payloads with signed LSA’s will be
tentatively manifested utilizing the class rotation of II, I, II, III
until this queue is exhausted;

(2) If the previous queue is exhausted and additional payloads are
needed to fulfill the flight manifest, the new class rotation of I, II,
I, III, I, IV, as defined in this subpart 1214.9, will then be used to
tentatively manifest payloads with signed LSA’s until the manifest is
fulfilled.

(3) NASA participants are not required to sign a LSA and are
considered a government class payload in both rotation sequences as
defined in paragraphs (c)(1) and (2) of this section.

Dated: July 9, 2001.

Daniel S. Goldin,

Administrator.

[FR Doc. 01-17786 Filed 7-17-01; 8:45 am]
BILLING CODE 7501-01-P