PART 1204—ADMINISTRATIVE AUTHORITY AND POLICY Subparts 1-3 [Reserved] Subpart 4—Small Business Policy Authority: 42 U.S.C. 2473(c)(5); 42 U.S.C. 2473b; Public Law 101-507, the VA/HUD/Indep. Agencies Appropriation Act for FY 1991, at 104 Stat. 1380 (Nov. 5, 1990); and 15 U.S.C. 631-650. Source: 58 FR 43554, Aug. 17, 1993, unless otherwise noted. § 1204.400 Scope of subpart. This subpart establishes NASA's small business policy and outlines the delegation of authority in implementing this policy as required by Federal law. § 1204.401 Policy. (a) It is NASA's policy to enable small businesses (including small disadvantaged businesses, small women-owned businesses, HUBZone small businesses, veteran-owned small businesses and service disabled veteran-owned small businesses), historically black colleges and universities, and other minority educational institutions the opportunity to participate equitably and proportionately in its total purchases and contracts that are consistent with the Agency's needs to execute its mission. (b) In carrying out the NASA procurement program, the primary consideration shall be that of securing contract performance, including obtaining deliveries of required items or services at the time, in the quantity and of the quality prescribed. In the area of research and development (R&D) contracts, the general policy of NASA is to award such contracts to those organizations determined by responsible personnel to have a high degree of competence in the specific branch of science or technology required for the successful conduct of the work. It is in the interest of the civilian space program that the number of firms engaged inR&D, work for NASA be expanded and that there be an increase in the extent of participation in such work by competent small business firms. [58 FR 43554, Aug. 17, 1993, as amended at 78 FR 77353, Dec. 23, 2013] § 1204.402 Responsibilities. (a) Office of Small Business Programs (OSBP). (b) NASA Headquarters and NASA Centers. [78 FR 77353, Dec. 23, 2013] § 1204.403 General policy. NASA's general policy for small business programs is described in 48 CFR part 1819, Small Business Programs; 48 CFR part 1852, Solicitation Provisions and Contract; and NASA Policy Directive 5000.2C, Small Business Subcontracting Goals ( http://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPD&c=5000&s=2 [78 FR 77353, Dec. 23, 2013] Subpart 5—Delegations and Designations Authority: 51 U.S.C. 20113(a). § 1204.500 Scope of subpart. This subpart establishes various delegations of authority to, and designations of, National Aeronautics and Space Administration officials and other Government officials acting on behalf of the agency to carry out prescribed functions of the National Aeronautics and Space Administration. [30 FR 3378, Mar. 13, 1965] § 1204.501 Delegation of authority—to take actions in real estate and related matters. (a) Delegation of authority. (1) Prescribe agency real estate policies, procedures, and regulations; (2) Enter into and take other actions including, but not limited to, the following; (i) Acquire (by purchase, lease, condemnation, or otherwise) fee and lesser interests in real property and, in the case of acquisition by condemnation, sign declarations of taking. (ii) Use, with their consent, the facilities of Federal and other agencies with or without reimbursement, in accordance with statutory authority. (iii) Determine entitlement to and quantum of, financial compensation under, and otherwise exercise the authority contained in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601), and regulations in implementation thereof. (iv) Grant easements, leaseholds, licenses, permits, or other interests (wherever located) in or over real property owned or controlled by NASA. (v) Grant the use of NASA-owned or -controlled real property and approve the acquisition and use of nongovernment owned real property for any NASA-related, nonappropriated fund activity purpose with the concurrence of the NASA Office of the Chief Financial Officer. (vi) Sell and otherwise dispose of real property in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471, et seq). (vii) Exercise control over the acquisition, utilization, and disposal of movable/relocatable structures including prefabricated buildings, commercial packaged accommodations, trailers, and other like items used as facility substitutes. (viii) Request other government agencies to act as real estate agent for NASA. (ix) Authorize other NASA officials to take specific implementing action with regard to any real property transaction included in the scope of authority delegated in paragraph (a)(2) of this section. (b) Redelegation. (2) The authority delegated in paragraph (a)(2) of this section may be redelegated with power of further redelegation. (c) Reporting. [51 FR 26862, July 28, 1986, as amended at 56 FR 57592, Nov. 13, 1991; 79 FR 11319, Feb. 28, 2014; 89 FR 26758, Apr. 16, 2024] § 1204.502 [Reserved] § 1204.503 Delegation of authority to grant easements. (a) Scope. (b) Delegation of authority. (c) Redelegation. (2) The Real Estate Branch Chief may redelegate this authority to the appropriate warranted Real Estate Contracting Officer, in accordance with the requirements set forth in NASA Procedural Requirements (NPR) 8800.15, Real Estate Management Program. (d) Restrictions. (1) The responsible Center Director has provided approval that such grant is appropriate. (2) The Center Director provides certification to the appropriate Real Estate Contracting Officer: (i) That the interest in real property to be conveyed is not required for a NASA program. (ii) That the grantee's exercise of rights under the easement will not be adverse to the interests of the United States or interfere with NASA operations. (3) Monetary or other benefit, including any interest in real property, is received by the government as consideration for the granting of the easement. (4) The instrument granting the easement is on a form or template approved or directed to be used by the Real Estate Branch Chief, and provides at a minimum: (i) For the termination of the easement, 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 easement; (B) A nonuse of the easement for a consecutive two-year period for the purpose for which granted; or (C) An abandonment of the easement. (ii) That written notice of the termination shall be given to the grantee, or its successors or assigns, by the Assistant Administrator for the Office of Strategic Infrastructure or the Director, Facilities and Real Estate Division, and that termination shall be effective as of the date of the notice. (iii) That restoration provisions are provided for in the agreement that protect the interests of the United States and ensure the grantee is responsible for removal of any and all improvements in or on NASA real property. (iv) Such other reservations, exceptions, limitations, benefits, burdens, terms, or conditions as are set forth in the forms and templates for easements approved for NASA use by the Real Estate Branch Chief. (e) Waivers. (f) Services of the Corps of Engineers. (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, grants of easements in real property, as authorized in this section, provided that the conditions set forth in paragraphs (d) and (e) of this section are complied with. (g) Distribution of documents. [89 FR 26758, Apr. 16, 2024] § 1204.504 Delegation of authority to grant leaseholds, permits, and licenses in real property. (a) Delegation of authority. (b) Definitions. (1) Real Property refers to land, buildings, structures (including relocatable structures), air space, utility systems, improvements, and appurtenances annexed to land referred to as real property assets. For purposes of NASA use, the term real property also includes related personal property, also known as collateral equipment. (2) State means the States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States. (3) Person includes any corporation, partnership, firm, association, trust, estate, or other entity. (c) Redelegation. (2) The Real Estate Branch Chief may redelegate this authority to the appropriate warranted Real Estate Contracting Officer, in accordance with the requirements set forth in NPR 8800.15. (d) Restrictions. (1) The responsible Center Director has provided approval that such leasehold, permit, or license is appropriate. (2) The Center Director provides certification to the appropriate Real Estate Contracting Officer: (i) That the interest or rights to be granted are not required for a NASA program. (ii) That the interests or rights to be granted will not be adverse to the interests of the United States nor interfere with NASA operations. (3) That, in the case of leaseholds fair market value monetary consideration is received by NASA. (4) The instrument granting the leasehold, permit, or license in real property is on a form or template approved by or directed to be used by the Real Estate Branch Chief, and provides, at a minimum: (i) For unilateral termination by NASA in the event of: (A) Default by the grantee; or (B) Abandonment of the property by the grantee; or (C) Force majeure circumstances including a determination by Congress, the President, or the NASA Administrator that the interest of the national space program, the national defense, or the public welfare require the termination of the interest granted, with advance, written notice provided to the grantee. (ii) A liability waiver, indemnification requirements, environmental requirements, and insurance provisions as needed to suitably protect the United States from damages arising from the grantee's use of NASA real property. (iii) That restoration provisions are provided for in the agreement that protect the interests of the United States and ensure the grantee is responsible for removal of any and all improvements in or on NASA real property. (iv) Such other reservations, exceptions, limitations, benefits, burdens, terms, or conditions as are set forth in the forms and templates for leaseholds, permits, and licenses in real property approved by and directed for use by the Real Estate Branch Chief. (e) Waivers. (f) Distribution of documents. [89 FR 26759, Apr. 16, 2024] § 1204.505 Delegation of authority to execute certificates of full faith and credit. (a) Scope. (b) Delegation of authority. (1) General Counsel; (2) Deputy General Counsel; (3) [Reserved] (4) Assistant General Counsels. [29 FR 6319, May 14, 1964, as amended at 39 FR 25229, July 9, 1974; 43 FR 34122, Aug. 3, 1978; 79 FR 11320, Feb. 28, 2014] §§ 1204.506-1204.507 [Reserved] § 1204.508 Delegation of authority of certain civil rights functions to Department of Education. It is the National Aeronautics and Space Administration's (NASA) policy to comply with the Civil Rights Act of 1964 (Pub. L. 88-352) that prohibits discrimination in a host of areas, including employment and Federally-assisted programs and activities. To implement the provisions of this Act, NASA promulgated the following internal policies and requirements, and entered into a memorandum of understanding (MOU) with the Department of Education to ensure compliance: (a) NASA Policy Directive (NPD) 2081.1, Nondiscrimination in Federally Assisted and Conducted Programs of NASA, describes the Agency's policy to ensure nondiscrimination in Federally-assisted and conducted programs of NASA, nondiscrimination in Federally-conducted education and training programs, and access for individuals with disabilities to Federal electronic and information technology. NPD 2081.1 is accessible at http://nodis3.gsfc.nasa.gov/; (b) NASA Procedural Requirements (NPR) 2081.1, Nondiscrimination in Federally Assisted and Conducted Programs, describes the requirements for processing complaints of discrimination, conducting civil rights compliance reviews, and internal functional equal opportunity reviews. NPR 2081.1 is accessible at http://nodis3.gsfc.nasa.gov/; (c) Memorandum of Understanding between NASA and the Department of Education delegates both the agencies as responsible for specific civil rights compliance duties with respect to elementary and secondary schools, and institutions of higher education. The MOU can be accessed at http://odeo.hq.nasa.gov/documents/DOEd-NASA_MOU.pdf. [78 FR 76058, Dec. 16, 2013] § 1204.509 Delegation of authority to take action regarding “liquidated damage” assessments under the Contract Work Hours and Safety Standards Act, and associated labor statutes. (a) Delegation of authority. (b) Redelegation. (c) Reporting. [52 FR 35538, Sept. 22, 1987, as amended at 79 FR 11320, Feb. 28, 2014] Subparts 6-9 [Reserved] Subpart 10—Inspection of Persons and Personal Effects at NASA Installations or on NASA Property; Trespass or Unauthorized Introduction of Weapons or Dangerous Materials Authority: The National and Commercial Space Program (51 U.S.C.). Sections 20132 and 20133 et seq. Source: 65 FR 47663, Aug. 3, 2000, unless otherwise noted. § 1204.1000 Scope of subpart. This subpart establishes NASA policy and prescribes baseline, procedures concerning the inspection of persons and property in their possession while entering, or on, or exiting NASA real property or facilities (including NASA Headquarters, NASA Centers, or Component Facilities). In addition, it proscribes unauthorized entry or the unauthorized introduction of weapons or other dangerous instruments or materials at any NASA facility. [65 FR 47663, Aug. 3, 2000, as amended at 78 FR 5125, Jan. 24, 2013] § 1204.1001 Policy. (a) In the interest of national security, NASA will provide appropriate and adequate protection or security for personnel, property, facilities (including NASA Headquarters, NASA Centers, and Component Facilities), 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, continued presence on, or exiting any NASA facility. (b) This policy is intended to comply with the heightened security measures for facilities owned or occupied by Federal agencies (in this case NASA), to mitigate threats to such facilities and to better protect the persons and property thereon. [65 FR 47663, Aug. 3, 2000, as amended at 78 FR 5126, Jan. 24, 2013] § 1204.1002 Responsibility. The NASA Center Directors and the Executive Director for Headquarters Operations are responsible for implementing the provisions of this subpart. In implementing this subpart, these officials will coordinate their action with appropriate officials of other affected agencies. [65 FR 47663, Aug. 3, 2000, as amended at 78 FR 5126, Jan. 24, 2013] § 1204.1003 Procedures. (a) All entrances to NASA real property or facilities (including NASA Headquarters, NASA Centers, or Component Facilities) will be conspicuously posted with the following notices: (1) CONSENT TO INSPECTION: YOUR ENTRY INTO, CONTINUED PRESENCE ON, OR EXIT FROM THIS FACILITY IS CONTINGENT UPON YOUR CONSENT TO INSPECTION OF PERSON AND PROPERTY. (2) UNAUTHORIZED INTRODUCTION OF WEAPONS OR DANGEROUS MATERIALS IS PROHIBITED UNLESS SPECIFICALLY AUTHORIZED BY NASA. YOU MAY NOT CARRY, TRANSPORT, INTRODUCE, STORE, OR USE FIREARMS OR OTHER DANGEROUS WEAPONS, EXPLOSIVES OR OTHER INCENDIARY DEVICES, OR OTHER DANGEROUS INSTRUMENT OR MATERIAL LIKELY TO PRODUCE SUBSTANTIAL INJURY OR DAMAGE TO PERSONS OR PROPERTY UNLESS AUTHORIZED BY NASA. (b) Only NASA security personnel or members of the facility's uniformed security force will conduct inspections pursuant to this subpart. Such inspections will be conducted in accordance with guidelines established by the Assistant Administrator for Protective Services , NASA Headquarters. (c) If an individual does not consent to an inspection, it will not be conducted, but the individual will be denied entry to, or be escorted off the facililty. (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 facility, the individual will be denied entry to or be escorted off the facility, 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 pending proper authorization for the possession of the property or its removal from the facility. The individual relinquishing the property will be provided with a receipt for the property. [65 FR 47663, Aug. 3, 2000, as amended at 78 FR 5126, Jan. 24, 2013] § 1204.1004 Trespass. Unauthorized entry upon any NASA real property or facility is prohibited. [65 FR 47663, Aug. 3, 2000, as amended at 78 FR 5126, Jan. 24, 2013] § 1204.1005 Unauthorized introduction of firearms or weapons, explosives, or other dangerous materials. (a) Refer to the notice in § 1204.1003, paragraph (a)(2), for a description of the consequences for unauthorized introduction of firearms or weapons, explosives, or other dangerous materials. (b)§ 1204.1003, paragraph (a)(2) shall not apply to: (1) The lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, or NASA contractor, who is authorized to carry firearms or other material covered by paragraph (a) of this section. (2) The lawful carrying of firearms or other dangerous weapons at or on a NASA facility after written prior approval has been obtained from the facility Security Office in connection with sanctioned hunting, range practice, or other lawful purpose. [65 FR 47663, Aug. 3, 2000, as amended at 78 FR 5126, Jan. 24, 2013] § 1204.1006 Violations. Anyone violating these regulations may be cited for violating Title 18 of the United States Code (U.S.C.) Section 799, which states that whoever willfully shall violate, attempt to violate, or conspire to violate any regulation or order promulgated by the Administrator of the National Aeronautics and Space Administration for the protection or security of any laboratory, station, base or other facility, or part thereof, or any aircraft, missile, spacecraft, or similar vehicle, or part thereof, or other property or equipment in the custody of the Administration [NASA], or any real or personal property or equipment in the custody of any contractor under any contract with the Administration or any subcontractor of any such contractor, shall be fined under this title [Title 18], or imprisoned not more than one year, or both. [65 FR 47663, Aug. 3, 2000, as amended at 78 FR 5126, Jan. 24, 2013] Subpart 11—Enforcing Traffic Laws at NASA Centers and Component Facilities Authority: The National and Commercial Space Program, 51 U.S.C. 20132 and 20133; 5 U.S.C. 301, and 18 U.S.C. 799. Source: 79 FR 54903, Sept. 15, 2014, unless otherwise noted. § 1204.1100 Scope of subpart. This subpart establishes policies pursuant to the requirements of National and Commercial Space Programs (51 U.S.C.) authorizing the NASA Administrator to establish such security requirements, restrictions, and safeguards as he deems necessary in the interest of national security, under 5 U.S.C. 301, and 18 U.S.C. 799, providing for the imposition of fines and imprisonment for violating NASA regulations for the protection and security of NASA assets or assets that are in NASA's custody. The provisions of this subpart apply to all NASA installations, including NASA Headquarters, NASA Centers, and component facilities. NASA installations refers to all NASA-owned, controlled, or leased property, with exclusive or concurrent Federal jurisdiction, including non-contiguous or unfenced areas and including areas otherwise open to the public at large. These provisions are also applicable to all persons who are in or on a NASA installation over which the United States exercises exclusive or concurrent legislative jurisdiction. [80 FR 70152, Nov .13, 2015] § 1204.1101 Policy. (a) It is NASA policy that an effective, standardized, and comprehensive traffic safety program be established and maintained at all NASA Centers, and component facilities, as prescribed in NASA Procedural Requirement (NPR) 8715.C, NASA General Safety Program Requirements. A traffic safety program is essential for the protection and security of NASA laboratories, stations, bases, or other facilities of NASA's aircraft, missiles, spacecraft, or similar vehicles or part thereof and of NASA's real and personal property, including property in the custody of NASA contractors and subcontractors. (b) To ensure a safe and secure workplace and to provide better for preservation of life and property, all persons on or in a NASA installation or component facility shall comply with the vehicular and pedestrian traffic requirements of the installation per this Subpart. (c) Vehicular and pedestrian traffic. (1) A driver shall be in possession of a current and valid state- or territory-issued driver's license and vehicle registration, and the vehicle shall display all current and valid tags and licenses required by the jurisdiction in which it is registered. (2) A driver who has had his or her privilege or license to drive suspended or revoked by any state or territory shall not drive any vehicle in or on such property during such period of suspension or revocation. (3) Drivers shall drive in a careful and safe manner at all times and shall comply with the signals and directions of security personnel and other authorized individuals; all posted traffic signs, including speed limits; and all rules implemented under section 1204.1102. (4) Drivers shall not block entrances, driveways, walks, loading platforms, or fire hydrants. (5) Drivers shall not park without authority, park in unauthorized locations or in locations reserved for other persons, park continuously in excess of 18 hours without permission, or park in any manner contrary to the direction of posted signs. (d) A copy of this subpart shall be posted in an appropriate place at each NASA Center or component facility. [80 FR 70152, Nov. 13, 2015] § 1204.1102 Responsibilities. (a) Consistent with this subpart and applicable statutes, Center Directors of NASA installations and the Executive Director for Headquarters Operations, over which the United States has exclusive or concurrent legislative jurisdiction, are delegated the authority to establish specific vehicular and pedestrian traffic rules and regulations for their installations; to specify maximum punishments for violating such rules and regulations; and to issue citations, including District Court Violation Notices to persons who violate such rules and regulations. (b) All persons on a NASA Center or component facility are responsible for compliance with locally established vehicular and pedestrian traffic rules and regulations. [79 FR 54903, Sept. 15, 2014, as amended at 80 FR 70152, Nov. 13, 2015] § 1204.1103 Procedures. The Center Directors and the Executive Director for Headquarters Operations shall issue local policies and procedural requirements, which will implement this regulation for their respective NASA Centers and component facilities. [80 FR 70152, Nov. 13, 2015] § 1204.1104 Violations. As authorized by and consistent with 18 U.S.C. 799, local policies and procedural requirements issued under section 1204.1103 may provide for punishments for offenses, which shall be classified in accordance with 18 U.S.C. 3559(a)(6)-(9). A person found in violation, in or on a NASA installation, of any vehicular or pedestrian traffic law, or local installation vehicular or pedestrian traffic rule or regulation made applicable to the installation under the provisions of this subpart, is subject to punishment as provided for by the applicable local policies and procedural requirements that a Center Director or the Executive Director for Headquarters Operations has issued under section 1204.1102 and in accordance with section 1204.1103. [80 FR 70152, Nov. 13, 2015] Subparts 12-13 [Reserved] Subpart 14—Use of NASA Airfield Facilities by Aircraft Not Operated for the Benefit of the Federal Government Authority: 42 U.S.C. 2473(c)(1). Source: 56 FR 35812, July 29, 1991, unless otherwise noted. § 1204.1400 Scope. This subpart establishes the responsibility and sets forth the conditions and procedures for the use of NASA airfield facilities by aircraft not operated for the benefit of the Federal Government. § 1204.1401 Definitions. For the purpose of this subpart, the following definitions apply: (a) NASA Airfield Facility. (1) [Reserved] (2) Wallops Airport. (3)-(4) [Reserved] (b) NASA owned but non-NASA operated airfield facility. (1) Shuttle Landing Facility (SLF). (2) Moffett Federal Airfield (MFA). (c) Aircraft not Operated for the Benefit of the Federal Government. (d) Official Business. (e) User. (f) Hold Harmless Agreement. (g) Use Permit. (h) Certificate of Insurance. [56 FR 35812, July 29, 1991, as amended at 60 FR 37567, July 21, 1995; 86 FR 50624, Sept. 10, 2021] § 1204.1402 Policy. (a) NASA airfields are not normally available to the general public; hence, any use of airfield facilities by aircraft not operated for the benefit of the Federal Government shall be within the sole discretion of the approving authorities. (b) Except in the event of a declared in-flight emergency (see § 1204.1406) or as otherwise determined by an approving authority, aircraft not operated for the benefit of the Federal Government are not permitted to land or otherwise use NASA airfield facilities. (c) Any use of a NASA airfield facility by aircraft not operated for the benefit of the Federal Government shall be free of charge and no consideration (monetary or otherwise) shall be exacted or received by NASA for such use. However, each user, as a condition of receiving permission to use such airfield facility, shall agree to become familiar with the physical condition of the airfield; abide by the conditions placed upon such use; subject the aircraft, the user, and those accompanying the user to any requirements imposed by NASA in the interest of security and safety while the aircraft or persons are on a NASA facility; use the facilities entirely at the user's own risk; hold the Federal Government harmless with respect to any and all liabilities which may arise as a result of the use of the facilities; and carry insurance covering liability to others in amounts not less than those listed in the Hold Harmless Agreement. (d) Permission to use a NASA airfield facility will be granted only in accordance with the limitations and procedures established by an approving authority and then only when such use will not compete with another airport in the vicinity which imposes landing fees or other user charges. (e) In no event, except for an in-flight emergency (see § 1204.1406), will permission to use NASA airfield facilities be granted to an aircraft arriving directly from, or destined for, any location outside the continental United States unless previously arranged and approved by the authorized approving official. (f) Permission to use NASA airfields may be granted only to those users having the legal capacity to contract and whose aircraft are in full compliance with applicable Federal Aviation Administration (FAA) or other cognizant regulatory agency requirements. (g) Permission to use NASA airfields, except in connection with a declared in-flight emergency, will consist only of the right to land, park an aircraft, and subsequently take off. NASA is not equipped to provide any other services such as maintenance or fuel and such services will not be provided except following an in-flight emergency. § 1204.1403 Available airport facilities. The facilities available vary at each NASA Installation having an airfield. The airport facilities available are: (a) [Reserved] (b) Wallops Airport Runways. (2) Parking Areas and Hangar Space. (3) Control Tower. (4) Navigation Aids. (5) Hazards. (6) Emergency Equipment. (c)-(d) [Reserved] (e) NASA owned but non-NASA operated airfields. (2) Moffett Federal Airfield (MFA) may be made available on an individual emergency basis to a user with prior permission from the airfield operator. (3) No facilities or services other than those described in this section are available except on an individual prior permission or emergency basis to any user. (f) Status of facilities. [56 FR 35812, July 29, 1991, as amended at 60 FR 37568, July 21, 1995; 86 FR 50624, Sept. 10, 2021] § 1204.1404 Requests for use of NASA airfield facilities. (a) Request for use of a NASA airfield, whether on a one time or recurring basis, must be in writing and addressed to the appropriate NASA facility, namely: (1) [Reserved] (2) Wallops Airport. (3) [Reserved] (b) Such requests will: (1) Fully identify the prospective user and aircraft. (2) State the purpose of the proposed use and the reason why the use of the NASA airfield is proposed rather than a commercial airport. (3) Indicate the expected annual use, to include number and approximate date(s) and time(s) of such proposed use. (4) State that the prospective user is prepared to fully comply with the terms of this subpart 14 and the use permit which may be issued. (c) Upon receipt of the written request for permission to use the airport, the NASA official designated by each facility will request additional information, if necessary, and forward both this regulation and the required Hold Harmless Agreement for execution by the requestor or forward, where appropriate, a denial of the request. (d) The signed original of the Hold Harmless Agreement shall be returned to the designated NASA official, and a copy retained in the aircraft at all times. Such copy shall be exhibited upon proper demand by any designated NASA official. (e) At the same time that the prospective user returns the executed original of the Hold Harmless Agreement, the user shall forward to the designated NASA official the required Certificate of Insurance and waiver of rights to subrogation. Such certificate shall evidence that during any period for which a permit to use is being requested, the prospective user has in force a policy of insurance covering liability in amounts not less than those listed in the Hold Harmless Agreement. (f) When the documents (in form and substance) required by paragraphs b through e of this section have been received, they will be forwarded with a proposed use permit to the approving authority for action. (g) The designated NASA official will forward the executed use permit or notification of denial thereof to the prospective user after the approving authority has acted. [56 FR 35812, July 29, 1991, as amended at 60 FR 37568, July 21, 1995; 86 FR 50624, Sept. 10, 2021] § 1204.1405 Approving authority. The authority to establish limitations and procedures for use of a NASA airfield, as well as the authority to approve or disapprove the use of the NASA airfield facilities subject to the terms and conditions of this subpart and any supplemental rules or procedures established for the facility is vested in: (a) Shuttle Landing Facility. (b) Wallops Airport. (c) Moffett Federal Airfield. [56 FR 35812, July 29, 1991, as amended at 60 FR 37568, July 21, 1995; 86 FR 50625, Sept. 10, 2021] § 1204.1406 Procedures in the event of a declared in-flight emergency. (a) Any aircraft involved in a declared in-flight emergency that endangers the safety of its passengers and aircraft may land at a NASA airfield. In such situations, the requirements for this subpart for advance authorizations, do not apply. (b) NASA personnel may use any method or means to clear the aircraft or wreckage from the runway after a landing following an in-flight emergency. Care will be taken to preclude unnecessary damage in so doing. However, the runway will be cleared as soon as possible for appropriate use. (c) The emergency user will be billed for all costs to the Government that result from the emergency landing. No landing fee will be charged, but the charges will include the labor, materials, parts, use of equipment, and tools required for any service rendered under these circumstances. (d) In addition to any report required by the Federal Aviation Administration, a complete report covering the landing and the emergency will be filed with the airfield manager by the pilot or, if the pilot is not available, any other crew member or passenger. (e) Before an aircraft which has made an emergency landing is permitted to take off (if the aircraft can and is to be flown out) the owner or operator thereof shall make arrangements acceptable to the approving authority to pay any charges assessed for services rendered and execute a Hold Harmless Agreement. The owner or operator may also be required to furnish a certificate of insurance, as provided in § 1204.1404, covering such takeoff. § 1204.1407 Procedure in the event of an unauthorized use. Any aircraft not operated for benefit of the Federal Government which lands at a NASA airfield facility without obtaining prior permission from the approving authority, except in a bona fide emergency, is in violation of this subpart. Such aircraft will experience delays while authorization for departure is obtained pursuant to this subpart and may, contrary to the other provisions of this subpart, be required, at the discretion of the approving authority, to pay a user fee of not less than $100. Before the aircraft is permitted to depart, the approving authority will require full compliance with this subpart 1204.14, including the filing of a complete report explaining the reasons for the unauthorized landing. Violators could also be subject to legal liability for unauthorized use. When it appears that the violation of this subpart was deliberate or is a repeated violation, the matter will be referred to the Aircraft Management Office, NASA Headquarters, which will then grant any departure authorization. Subpart 15—Intergovernmental Review of National Aeronautics and Space Administration Programs and Activities Authority: E.O. 12372, July 14, 1982, 47 FR 30959, as amended April 8, 1983, 48 FR 15887; sec. 401 of the Intergovernmental Cooperation Act of 1968, as amended (31 U.S.C. 6506). Source: 48 FR 29340, June 24, 1983, unless otherwise noted. § 1204.1501 Purpose. (a) The regulations in this part implement Executive Order 12372, “Intergovernmental Review of Federal Programs,” issued July 14, 1982, and amended on April 8, 1983. These regulations also implement applicable provisions of section 401 of the Intergovernmental Cooperation Act of 1968, as amended. (b) These regulations are intended to foster an intergovernmental partnership and a strengthened federalism by relying on state processes and on state, areawide, regional and local coordination for review of proposed direct Federal development. (c) These regulations are intended to aid the internal management of the Agency, and are not intended to create any right or benefit enforceable at law by a party against the agency or its officers. § 1204.1502 Definitions. Administrator Agency Order State § 1204.1503 Programs and activities subject to these regulations. The Administrator publishes in the Federal Register § 1204.1504 [Reserved] § 1204.1505 Federal interagency coordination. The Administrator to the extent practicable, consults with and seeks advice from all other substantially affected federal departments and agencies in an effort to assure full coordination between such agencies and the Agency regarding programs and activities covered under these regulations. § 1204.1506 Procedures for selecting programs and activities under these regulations. (a) A state may select any program or activity published in the Federal Register (b) Each state that adopts a process shall notify the Administrator of the Agency's programs and activities selected for that process. (c) A state may notify the Administrator of changes in its selections at any time. For each change, the state shall submit to the Administrator an assurance that the state has consulted with local elected officials regarding the change. The Agency may establish deadlines by which states are required to inform the Administrator of changes in their program selections. (d) The Administrator uses a state's process as soon as feasible, depending on individual programs and activities, after the Administrator is notified of its selections. § 1204.1507 Communicating with State and local officials concerning the Agency's programs and activities. (a) For those programs and activities covered by a state process under § 1204.1506 the Administrator, to the extent permitted by law: (1) Uses the official state process to determine views of state and local elected officials; and; (2) Communicates with state and local elected officials, through the official state process, as early in a program planning cycle as is reasonably feasible to explain specific plans and actions. (b) The Administrator provides notice to directly affected state, areawide, regional, and local entities in a state of proposed direct Federal development if: (1) The state has not adopted a process under the Order; or (2) The development involves a program or activity not selected for the state process. This notice may be made by publication in a periodical of general circulation in the area likely to be affected or other appropriate means, which the Agency in its discretion deems appropriate. § 1204.1508 Time limitations for receiving comments on proposed direct Federal development. (a) Except in unusual circumstances, the Administrator gives state processes or state, areawide, regional and local officials and entities at least 60 days from the date established by the Administrator to comment on proposed direct Federal development. (b) This section also applies to comments in cases in which the review, coordination, and communication with the Agency has been delegated. § 1204.1509 Receiving and responding to comments. (a) The Administrator follows the procedures in § 1204.1510 if: (1) A state office or official is designated to act as a single point of contact between a state process and all federal agencies; and (2) That office or official transmits a state process recommendation for a program selected under § 1204.1506. (b)(1) The single point of contact is not obligated to transmit comments from state, areawide, regional or local officials and entities where there is no state process recommendation. (2) If a state process recommendation is transmitted by a single point of contact, all comments from state, areawide, regional, and local officials and entities that differ from it must also be transmitted. (c) If a state has not established a process, or is unable to submit a state process recommendation, state, areawide, regional and local officals and entities may submit comments to the Agency. (d) If a program or activity is not selected for a state process, state, areawide, regional and local officials and entities may submit comments to the Agency. In addition, if a state process recommendation for a nonselected program or activity is transmitted to the Agency by the single point of contact, the Administrator follows the procedures of § 1204.1510 of this part. (e) The Administrator considers comments which do not constitute a state process recommendation submitted under these regulations and for which the Administrator is not required to apply the procedures of § 1204.1510 of this part, when such comments are provided by a single point of contact, or directly to the Agency by a commenting party. § 1204.1510 Efforts to accommodate intergovernmental concerns. (a) If a state provides a state process recommendation to the Agency through its single point of contact, the Administrator either: (1) Accepts the recommendation; (2) Reaches a mutally agreeable solution with the state process; or (3) Provides the single point of contact with a written explanation of its decision, in such form as the Administrator in his or her discretion deems appropriate. The Administrator may also supplement the written explanation by providing the explanation to the single point of contact by telephone, other telecommunication, or other means. (b) In any explanation under paragraph (a)(3) of this section, the Administrator informs the single point of contact that: (1) The Agency will not implement its decision for a least ten days after the single point of contact receives the explanation; or (2) The Administrator has reviewed the decision and determined that, because of unusual circumstances, the waiting period of at least ten days is not feasible. (c) For purposes of computing the waiting period under paragraph (b)(1) of this section, a single point of contact is presumed to have received written notification five days after the date of mailing of such notification. § 1204.1511 Coordination in interstate situations. (a) The Administrator is responsible for— (1) Identifying proposed direct Federal development that has an impact on interstate areas; (2) Notifying appropriate officials and entities in states which have adopted a process and which select the Agency's program or activity. (3) Making efforts to identify and notify the affected state, areawide, regional, and local officials and entities in those states that have not adopted a process under the Order or do not select the Agency's program or activity; (4) Responding pursuant to § 1204.1510 of this part if the Administrator receives a recommendation from a designated areawide agency transmitted by a single point of contact, in cases in which the review, coordination, and communication with the Agency have been delegated. (b) The Administrator uses the procedures in § 1204.1510 if a state process provides a state process recommendation to the Agency through a single point of contact. § 1204.1512 [Reserved] § 1204.1513 Waivers of provisions of these regulations. In an emergency, the Administrator may waive any provision of these regulations. Subpart 16—Temporary Duty Travel—Issuance of Motor Vehicle for Home-to-Work Transportation Authority: 31 U.S.C. 1344 note, 40 U.S.C. 486(c). § 1204.1600 Issuance of motor vehicle for home-to-work. When a NASA employee on temporary duty travel is authorized to travel by Government motor vehicle and the official authorizing the travel determines that there will be a significant savings in time, a Government motor vehicle may be issued at the close of the preceding working day and taken to the employee's residence prior to the commencement of official travel. Similarly, when a NASA employee is scheduled to return from temporary duty travel after the close of working hours and the official authorizing the travel determines that there will be a significant savings in time, the motor vehicle may be taken to the employee's residence and returned the next regular working day. [68 FR 60847, Oct. 24, 2003] Appendix A to Part 1204—Items To Cover in Memoranda of Agreement The items to be covered in Memoranda of Agreement between NASA Installations and state and areawide OMB Circular A-95 clearinghouses for coordinating NASA and civilian planning: 1. Clearinghouses will be contacted at the earliest practicable point in project planning. Generally, this will be during the preparation of Preliminary Engineering Reports, or possibly earlier if meaningful information is available that could practically serve as an input in the decision-making process. It should be noted that clearinghouses are generally comprehensive planning agencies. As such, they are often the best repositories of information required for development planning and constitute a resource that can often save Federal planners substantial time and effort, if consulted early enough. In addition to providing information necessary for preliminary engineering, clearinghouses can make useful inputs to the development of environmental impact statements, as well as in reviewing draft statements. Thus, consultation at the earliest stage in planning can have substantial payoffs in installation development. 2. Clearinghouses will be afforded a minimum time of 30 days in which to review and comment on a proposed project and a maximum time of 45 days in which to complete such review. 3. The minimum information to be provided to the clearinghouse will consist of project description, scope and purpose, summary technical data, maps and diagrams where relevant, and any data which would show the relationship of the proposed project or action to applicable land use plans, policies, and controls for the affected area. 4. Establish procedures for notifying clearinghouses of the actions taken on projects, such as implementation, timing, postponement, abandonment, and explaining, where appropriate, actions taken contrary to clearinghouse recommendations.