14 C.F.R. Subpart 1214.1—General Provisions Regarding Space Shuttle Flights of Payloads for Non-U.S. Government, Reimbursable Customers
Title 14 - Aeronautics and Space
Authority: Sec. 203, Pub. L. 85–568, 72 Stat. 429, as amended (42 U.S.C. 2473); Sec. 201(b) Pub. L. 87–624, 76 Stat. 421 (47 U.S.C. 721(b)).
Source: 57 FR 4545, Feb. 6, 1992, unless otherwise noted.
This subpart 1214.1 sets forth general provisions regarding flight of Space Shuttle cargo bay payloads for non-U.S. government, reimbursable customers. It does not apply to Small Self-Contained Payloads flown under the provision of subpart 1214.9 or payloads flown on a space-available basis on NASA-provided Hitchiker carriers. To be eligible for flight on the Space Shuttle, non-U.S. government, reimbursable payloads must meet criteria for use of the Shuttle established by U.S. law and public policy. The NASA Administrator will determine and/or certify the compliance of the payload with these criteria. To qualify for flight on the Space Shuttle, non-U.S. government, reimbursable payloads must require the unique capabilities of the Shuttle, or be important for either national security or foreign policy purposes. (a) Customer. Any non-U.S. government person or entity who, by virtue of a contract or other arrangement with NASA, arranges for or otherwise provides payloads to be flown on the Shuttle on a reimbursable basis. (b) Dedicated flight. A shuttle flight flown for a single customer. (c) Dedicated flight price. The price established by NASA for a dedicated flight that provides the standard services listed in §1214.115 for 1 day of single-shift, on-orbit mission operations. (d) Jettison. To physically separate all or a portion of a payload from the Shuttle after liftoff of the Shuttle without the intent of fulfilling the payload operations requirements agreed to by NASA and the customer. (e) Launch agreement. The primary document between NASA and the non-U.S. government, reimbursable customer, containing the detailed terms, conditions, requirements and constraints under which NASA commits to provide launch services. (f) Marginal cost. Solely for the purposes of determining the cost of a reflight launch, marginal cost is defined as the cost to the U.S. Government, as determined by NASA's normal accounting procedures, associated with the addition or reduction of one flight in a given U.S. government fiscal year. (g) Non-U.S. government reimbursable customers are: (1) All non-U.S. Government persons or entities paying NASA for Shuttle services under this subpart 1214.1; or (2) U.S. Government agencies obtaining reimbursable Shuttle services for those persons or entities cited in paragraph (g)(1) of this section; e.g., the Department of Defense under a Foreign Military sales case. (h) Optional services. Those nonstandard services provided at the customer's request and with the concurrence of NASA. The price for optional services is not included in the standard flight price. (i) Payload integration documentation. Documentation developed to reflect NASA/customer agreements on payload requirements, payload/Shuttle interfaces, and ground and flight implementation of the mission. Includes the Payload Integration Plan, its Annexes and all related documentation. (j) Payload length. The maximum length of the payload in the Space Shuttle cargo bay at any time during launch, landing, operations, deployment, servicing or retrieval. It includes any clearance length necessary for items such as dynamic envelope considerations, deployment, retrieval, servicing and use of the remote manipulator system. (k) Payload weight. The maximum weight of the payload in the Space Shuttle cargo bay, including the weight of the payload itself and a pro rata share of the weight of any special equipment or materials needed for the mission. (l) Scheduled launch date. NASA's official then-best-estimate of the data of launch. This will be the date of record for all scheduling and reimbursement procedures. (m) Shared flight. A flight that may be shared by more than one customer. (n) Shuttle standard flight price. The price for Shuttle standard services provided to the customer. (o) Standard launch. A launch meeting all the launch and orbit criteria defined in §1214.117. (p) Standard services. Those services which are generally made available for all customers, which for Space Shuttle are generically defined in NASA document NSTS 07700, Volume XIV, and which are included in the standard flight price. If the payload uses only a portion of the standard services, the standard flight price will not be affected. (a) Establishment of price. NASA will establish, and update as appropriate, the standard flight price under this §1214.1. (b) Advance pricing. NASA normally will agree to a standard flight price no later than 3 years in advance of launch. (c) Price stability. The standard flight price will be fixed, subject to the terms of the launch agreement, and subject to escalation pursuant to §1214.103(d), and will be the price set by NASA as of the time of signing a launch agreement. (d) Escalation of payments. With the exception of payments for earnest money, all payments will be escalated according to the U.S. Bureau of Labor Statistics Index, “Private Business Sector, All Persons: Productivity, Hourly Compensation, Unit Labor Cost and Prices Seasonally Adjusted” table, “Compensation, Per Hour,” column published in the U.S. Department of Labor, Bureau of Labor Statistics, news release entitled “Productivity and Costs.” (e) Independence of pricing and manifesting. The standard flight price for a shared flight payload as computed from 1214.103(g) will be independent from the actual payload manifest for a specific shared flight. (f) Allocation of services. (1) Customers contracting for a dedicated flight are eligible for the full standard services, as defined in §1214.115, available on the flight. (2) Customers contracting for a standard shared flight meeting the criteria of §1214.117 are eligible for a portion of the standard services, as defined in §1214.115, available on the flight. The basis of apportionment will be determined by NASA and will be a function of the payload load factor. (g) Computation of prices. (1) The Shuttle standard flight price for a dedicated flight is the dedicated flight price as defined in §1214.102(c). (2) The Shuttle standard flight price for a standard shared flight is the product of the payload's charge factor and the dedicated flight price as defined in §1214.102(c). (3) The computed charge factor for a payload is defined as: If the computed charge factor exceeds 1.0, the charge factor will be 1.0. If the computed charge factor is less than 0.067, the charge factor will be 0.067. (4) The load factor is defined as the maximum of: where: (i) Payload length is as defined in §1214.102(j); (ii) Payload weight is as defined in §1214.102(k); (iii) For those payloads for which NASA has reviewed and accepted a NASA Form 1628 (Request for Flight Assignment) and received earnest money (if required) prior to (insert date of publication in (h) Payment schedule—(1) Earnest money. Earnest money in the amount of $100,000 per payload will be paid to NASA by the customer. The earnest money will be paid at the time of submission of a NASA Form 1628, and will be applied to the first payment made by the customer toward the standard flight price, or will be retained by NASA unless NASA determines that the payload does not meet the eligibility criteria referenced in §1214.101. (2) Payment schedule for standard services. (i) Payment for standard services will be made in accordance with the following schedule: (ii) Unless otherwise agreed to by NASA, for purposes of the payment schedule of §1214.103(h)(2)(i), the percent of price due at the time of scheduling will be the cumulative amount due at the time of: (A) NASA's initial commitment to the schedule of a newly scheduled payload; (B) A customer's requested rescheduling of a payload such that it will be launched at an earlier date; or (C) Rescheduling of a payload postponed at the request of the customer or caused by the customer. (iii) If the time from a customer's request for initial scheduling or rescheduling of a payload is less than 1 year from the launch date being requested, and NASA can accommodate the request, NASA may also charge the customer any estimated additional cost of providing standard services on such a shortened schedule. (iv) Normally no charges for standard services will be made after the flight, except for a final adjustment for escalation. (i) Late payment fees. Customers who do not meet the payment schedule defined in §1214.103(h) will be subject to a late payment fee established by NASA in the launch agreement. (a) Pricing basis. To the extent practical, optional services will be provided on a fixed-price or fixed-rate basis. If this is not practical, the price will be on a governmental cost basis; i.e., the actual cost or in certain cases the estimated actual costs. (b) Escalation of payments. All payments for optional services subject to escalation will be escalated in accordance with the provisions of §1214.103(d). (c) Schedules of payments. NASA will establish payment schedules for optional services and will incorporate those schedules in the launch agreement at the time a particular optional service is agreed to between the customer and NASA. (d) Late payment fees. Customers who do not make payments by the due dates defined by NASA will be subject to a late payment fee established by NASA in the launch agreement. (a) Subject to NASA approval, a customer may apportion and/or assign Shuttle services to third parties within the payload. No apportionment and/or assignment of Shuttle services may take place outside the payload. (b) Integration of apportioned/assigned payload elements within the payload is the responsibility of the customer. Any NASA assistance in such integration will be provided as an optional service. (c) Customers intending to apportion and/or assign services will so designate at the time the launch agreement is signed. NASA will attempt to accommodate customer requested minor launch delays. Such delays will normally be requested just prior to launch. Except for potential optional service charges, delays up to 72 hours can normally be accommodated at no charge. This 72-hour period is shared by all customers on a particular flight. The basis of proration will be established in the launch agreement. Delays beyond 72 hours will require NASA's approval and will result in an additional charge as established in the launch agreement. (a) Provisions of this paragraph apply to postponements requested or caused by the customer. (b) A customer postponing the flight of a payload will pay a postponement fee to NASA. The fee will be computed as a percentage of the customer's Shuttle standard flight price and will be based on the table below. (c) If at any point, a customer postponement results in a launch date more than 12 months later than the original scheduled launch date, the standard flight price for the customer's payload may be adjusted by NASA to reflect any new standard flight price applicable at the time of the postponed launch, if such new price is higher than the originally contracted price. (d) The payment schedule for postponed flights will be as defined in §1214.103(h)(2). (e) Customers postponing the flight of a payload may also be subject to new or additional charges for optional services. (a) Customers terminating the launch of a payload will pay a termination fee for standard services to NASA. (1) The termination fee for dedicated flights will be computed as a percentage of the Shuttle standard flight price and will be based on the table below. (2) The termination fee for shared flights will be the sum of all payments previously paid or due for the standard flight price, as defined in §1214.103(h)(2), at the time of termination. (b) NASA may establish, in the launch agreement, certain conditions under which the customer may terminate a payload launch with reduced termination fees if NASA delays the launch of the customer's payload for an extended period. (c) Customers terminating the flight of a payload may also be subject to new or additional charges for optional services. (a) Establishment of a launch date. (1) NASA will assign a tentative launch date for a payload only after NASA's receipt, review and acceptance of a customer-submitted NASA Form 1628 requesting flight assignment and NASA's receipt of the customer's earnest money. (2) NASA's confirmation of a particular launch date will be at the time a launch services agreement is signed, normally not later than 36 months prior to the desired launch date. (b) NASA changes to launch date. NASA will attempt to maintain the customer's launch date as long as the customer's obligations, as established by NASA, are met. However, NASA may revise the launch date under those circumstances contained in the launch agreement. If practical, NASA launch date changes will be in consultation with the customer; however, NASA reserves the unilateral right to make decisions with regard to launch schedules. (c) Payload delivery. NASA, in consultation with the customer, will establish a date for payload delivery to the launch site. (d) Reflight scheduling. NASA will attempt to schedule a payload reflight at the earliest opportunity, but normally no earlier than 14 months after a determination is made that a customer is entitled to, and in fact requests a reflight. (a) NASA will provide a reflight of a customer's payload under conditions defined in the launch agreement. The standard flight price for reflights will be based on NASA's marginal cost as defined in §1214.102(f). Reflights only apply to dedicated flights and those shared-flight payloads that can be accommodated on a standard launch as defined in §1214.117. (b) Reflights as defined in this §1214.110 apply only to the same payload involved in the launch that necessitated the reflight, or to an essentially identical payload with essentially identical integration and flight operations requirements. (a) A rendezvous mission involves the rendezvous of the Space Shuttle orbiter with an orbiting spacecraft for one or more of the following purposes: (1) Retrieval and return to Earth of the orbiting spacecraft (or part thereof), including a spacecraft deployed earlier on the same Space Shuttle flight. (2) Exchange of a spacecraft (or part thereof) delivered to orbit on a particular Space Shuttle mission for an already orbiting spacecraft (or part thereof) and return of already orbiting spacecraft to Earth. (3) Revisit of an orbiting spacecraft for purposes such as resupply, repair, reboost or inspection. (b) Mission operational requirements and associated optional service charges and conditions for both dedicated and shared flight rendezvous services will be negotiated on a case-by-case basis. (a) Patent and data rights. NASA will not acquire rights to inventions, patents or proprietary data which may be used in, or arise from, activities for which a customer has reimbursed NASA under the policies set forth herein. 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 customer that the results will be made available to the public on terms and conditions reasonable under the circumstances. (b) Information. All customers will be required to furnish NASA with sufficient information to ensure Shuttle safety and NASA's and the U.S. Government's continued compliance with law, published policy and the U.S. Government's obligations. The U.S. Government will assume no risk for damages to the customer resulting from certain activities conducted under the launch agreement or to third parties resulting from launch related activities or on-orbit operations. The customer will be required to agree to be bound by a cross-waiver of liability among the customer, other customers, related entities and NASA for all activities under the launch agreement. The customer will also be required to purchase third-party liability insurance covering launch and on-orbit operations in an amount deemed appropriate by NASA. NASA will provide, solely at its discretion, services to the extent consistent with U.S. obligations, law, policy and capability. Standard services for the Space Shuttle are generically defined in NASA document NSTS 07700, Volume XIV. The standard services to be provided for a specific payload will be agreed to between NASA and the customer in the launch agreement and associated payload integration documentation. Typical standard services include the following for each customer. (a) A standard launch that meets the criteria established in §1214.117. (b) Transportation of the customer's payload in the orbiter cargo bay in a location selected by NASA. (c) One day of single-shift, on-orbit mission operations. (d) A five-person flight crew: commander, pilot and three mission specialists. (e) Orbiter flight planning services. (f) One day of transmission of payload data to compatible receiving stations via an Independent Payload Data Stream. (Subject to availability, NASA may make excess orbiter instrumentation downlink capability available to payloads at no additional charge.) (g) Deployment of a free flyer, provided the payload meets all the conditions stated in §1214.118. (h) NASA support of selected payload design reviews. (i) Prelaunch payload installation, verification and orbiter compatibility testing. (j) NASA payload safety reviews. Typical optional services that may be provided by NASA include the following, and will be further defined and limited in payload integration documentation agreed upon by NASA and the customer. (a) Use of Extended Duration Orbiter (EDO) capability or other mission kits to extend basic orbiter capability. (b) Extravehicular activity (EVA) services. (c) Transportation to orbit of all or a part of the customer's payload in other than the orbiter cargo bay. (d) Unique payload/orbiter integration and test. (e) Payload mission planning services, other than for launch, deployment and entry phases. (f) Additional time on orbit. (g) Payload data processing. (h) Flight of payload specialists. (i) Transmission of payload data via an Independent Payload Data Stream during additional time on orbit. (j) Transmission of payload data via a Direct Data Stream. To qualify for the standard flight price, all payloads must meet the following launch criteria: (a) For dedicated flights: (1) Launch from Kennedy Space Center (KSC) into the customer's choice of two standard mission orbits: 160 NM circular orbit, 28.5° inclination (nominal), or 160 NM circular orbit, 57° inclination (nominal). (2) Launch on a date selected by NASA within the scheduling constraints specified in the launch agreement. (3) Launch at a time, selected by NASA, from a launch window of not less than 1 hour (a more restrictive launch window may be provided as an optional service). (b) For shared flights from KSC to the standard mission orbit of 160 NM circular orbit, 28.5° inclination (nominal): (1) Launch on a date selected by NASA within the scheduling constraints specified in the launch agreement. (2) Launch at any time of day, selected by NASA. To qualify for the standard flight price, deployable payloads must meet certain criteria in terms of time of day of launch, and other factors. These criteria will be specified in the launch agreement and associated payload integration documentation. (a) Special provisions. This §1214.119 establishes the special provisions for Spacelab services provided to Space Shuttle customers. Where designated, provisions of this §1214.119 supersede those of other portions of this document. The following five types of Spacelab flights are available to accommodate payload requirements: (1) Dedicated-Shuttle Spacelab flight (Ref. §1214.119(d)(3)). (2) Dedicated-pallet flight (Ref. §1214.119(d)(4)). (3) Dedicated-FMDM/MPESS (flexible multiplexer-demultiplexer/multipurpose experiment support structure) flight (Ref. §1214.119(d)(4)). (4) Complete-pallet flight (Ref. §1214.119(d)(5)). (5) Shared-element flight (Ref. §1214.119(d)(6)). (b) Definitions—(1) Spacelab elements. Pallets (3-meter segments), pressurized modules (long or short), and the FMDM/MPESS (1-meter cross-bay structure), all as maintained in the NASA-approved Spacelab configuration. (2) Spacelab standard flight price. The price for standard services provided to Spacelab customers. If a customer elects not to use a portion of the standard services, the Spacelab standard flight price will not be affected. The Spacelab standard flight price is a pro rata share of: (i) The dedicated flight price as defined in §1214.102(c); (ii) The standard price for use of the selected Spacelab elements; and (iii) For complete-pallet and shared-element flights: (A) The price for 6 extra days on orbit; and (B) The price for 7 days of second-shift operation. (c) Mandatory use of dedicated-Shuttle Spacelab flight. (1) The customer will be required to fly under the provisions of §1214.119(d)(3), if the customer requires exclusive use of any of the following: (i) Pressurized module (long or short). (ii) Three pallets in the “1+1+1” configuration. (iii) Four pallets in the “2+2” configuration. (2) In the cases cited in paragraph (1)(i) of this section, if the customer requests, NASA will attempt to find compatible sharees to fly with the customer's payload. If NASA is successful, the customer's Shuttle standard flight price will be the greater of: (i) The dedicated flight price less reimbursements from sharees actually flown; or (ii) The computed Shuttle shared-flight price for the customer's Spacelab payload. (d) Reimbursement for standard services. (1) Customers will reimburse NASA an amount equal to the Spacelab standard flight price computed according to the following provisions: (2) Earnest money. For those customers required to pay earnest money in accordance with §1214.103(h)(1), the total earnest money payment per payload for Spacelab payloads (including Shuttle services) will be either $150,000 or 10 percent of the customer's estimated Spacelab standard flight price, whichever is less. (3) Dedicated-Shuttle Spacelab flight. (i) A dedicated-Shuttle Spacelab flight is a Shuttle flight flown for a single customer who is entitled to select the Spacelab elements used on the flight. (ii) In addition to the standard services listed in §1214.119(j), the following standard services are provided to customers of dedicated-Shuttle Spacelab flights and form the basis for the Spacelab standard flight price: (A) Use of the full standard services of the Shuttle and the Spacelab elements selected. (B) One day of one-shift on-orbit operations. (C) Standard mission destinations consistent with launch criteria as defined in §1214.117. (D) The available payload operations time of two NASA-furnished mission specialists. (iii) Customers contracting for a dedicated-Shuttle Spacelab flight will reimburse NASA for standard services an amount that is the sum of: (A) The dedicated flight price as defined in §1214.102(c); and (B) The price for the use of all Spacelab elements used (including all necessary mission-independent Spacelab equipment). (4) Dedicated 3-meter pallets and dedicated FMDM/MPESS. (i) A dedicated pallet (or a dedicated FMDM/MPESS) is one that is flown for a single customer and includes all Spacelab hardware necessary to permit it to be flown on any shared flight as an autonomous payload (e.g., a dedicated 3-meter pallet may either be supplied with its own exclusive igloo or be flown without an igloo, if it requires only standard Shuttle services). (ii) In addition to a pro rata share of the standard services listed in §1214.119(j), the following standard services are provided to customers of dedicated pallets (or dedicated FMDM/MPESS) and form the basis for establishing the Spacelab standard flight price: (A) A pro rata share of the standard services listed in §1214.115, where the basis for proration is the customer's Shuttle load factor as defined in §1214.119(l)(4)(i) for dedicated pallets and in §1214.119(l)(5)(ii) for a dedicated FMDM/MPESS. (B) The exclusive services of the pallet (or FMDM/MPESS) and all Spacelab hardware provided to support the pallet (or FMDM/MPESS). (C) One day of one-shift on-orbit operations. (D) Launch on a shared standard Shuttle flight as defined in §1214.117. (E) A pro rata share of the on-orbit payload operations time of two NASA-furnished mission specialists, where the basis of proration will be the customer's Shuttle load factor. (iii) Customers contracting for a dedicated-pallet (or FMDM/MPESS) flight will reimburse NASA for standard services an amount that is the sum of: (A) The product of the customer's Shuttle charge factor and the dedicated flight price as defined in §1214.102(c); and (B) The price for the use of the pallet (or FMDM/MPESS) selected (including all necessary mission-independent Spacelab equipment). (5) Complete pallet. (i) A complete Spacelab pallet is one that is flown for a single customer, but flies with other Spacelab elements on a NASA or NASA-designated Spacelab flight and shares the common standard Spacelab services (e.g., shares an igloo with other pallets). (ii) In addition to a pro rata share of the standard services listed in §1214.119(j), the following standard services are provided to customers of complete pallets and form the basis for the Spacelab standard flight price: (A) The pallet's pro rata share of standard services listed in §1214.115, where the basis of proration will be the customer's Shuttle load factor as defined in §1214.119(l)(6)(i). (B) A pro rata share of 7 days of two-shift on-orbit operations, where the basis of proration will be the customer's Shuttle load factor. (C) Mission destination selected by NASA in consultation with the customer. (D) Assignment, with the customer's concurrence, to a Spacelab flight designated by NASA. (E) Launch date established by NASA. (F) A pro rata share of the on-orbit payload operations time of two NASA-furnished mission specialists and two payload specialists, where the basis of proration will be the customer's Shuttle load factor. (G) Use of the entire volume above a pallet. (iii) Customers contracting for complete-pallet flights will reimburse NASA for standard services an amount which is the sum of: (A) The product of the customer's Shuttle charge factor and the sum of: (1) The dedicated flight price as defined in §1214.102(c). (2) The charge for 6 extra days of one-shift on-orbit operations. (3) The standard price for additional services required to support a second shift of on-orbit operations for 7 days. (B) The price for the use of a complete pallet, including all necessary mission-independent Spacelab equipment. (6) Shared element. (i) A shared element is a Spacelab pallet, FMDM/MPESS, or module that: (A) May be shared by two or more customers on a NASA-designated Spacelab flight; and (B) Shares common standard services with other Spacelab elements on the same flight. (ii) In addition to a pro rata share of the standard services listed in §1214.119(j), the following standard services are provided to customers of shared elements and form the basis for the Spacelab standard flight price: (A) For shared pallets, a pro rata share of the standard services provided by a pallet. The basis of proration will be the customer's Spacelab load fraction as defined in §1214.119(l)(7)(i)(A). (B) For shared modules, a pro rata share of the standard services provided by a long module flown on a dedicated-Shuttle Spacelab flight. The basis of proration will be the customer's Spacelab load fraction as defined in §1214.119(l)(7)(i)(B). The type of pressurized module actually used to meet a customer's requirement for a shared module will be determined by NASA subsequent to launch agreement negotiations. (C) A pro rata share of the element's share of standard services listed in §1214.115, where the basis for proration will be the customer's Spacelab load fraction. (D) A pro rata share of 7 days of two-shift on-orbit operations, where the basis of proration will be the customer's Shuttle load factor as defined in §1214.119(l)(7)(i). (E) Mission destination selected by NASA in consultation with the customer. (F) Assignment, with the customer's concurrence, to a Spacelab flight designated by NASA. (G) Launch date established by NASA. (H) A pro rata share of the on-orbit operations time of two NASA-furnished mission specialists, where the basis of proration will be the customer's Shuttle load factor. (iii) Customers contracting for shared-element flights will reimburse NASA for Standard services an amount that is the sum of: (A) The product of the customer's Shuttle charge factor and the sum of: (1) The dedicated flight price as defined in §1214.102(c); (2) The charge for 6 extra days of one-shift on-orbit operations; and (3) The standard price for additional services required to support a second shift of on-orbit operations for 7 days. (B) The product of the customer's element charge factor and the price for the use of the Spacelab element being used, including all necessary mission-independent Spacelab equipment. (e) Minor delays. The minor delay provisions of §1214.106 will apply only to those Spacelab payloads whose Shuttle load factor is equal to or greater than 0.05. (f) Postponement and termination. (1) A customer may postpone the flight of a Spacelab payload one time with no additional charge if postponement occurs more than 18 months before the scheduled launch date. (2) Postponement or termination fees for Spacelab payloads will consist of the sum of: (i) A fee for postponement or termination of the Shuttle launch. (ii) A fee for use of the Spacelab elements. (3) For Shuttle launch postponement and termination fee customers will be governed by the provisions of §1214.107 or §1214.108, as appropriate. (4) The postponement and termination fees for use of the Spacelab elements are computed as a percentage of the customer's price for use of the Spacelab elements and will be based on the table below. When postponement or termination occurs less than 18 months before launch, the fees will be computed by linear interpolation using the points provided. (5) At the time of signing of the launch agreement, NASA will define a payload removal cutoff date (relative to the launch date) for each Spacelab payload to be flown on a shared flight. A customer may still postpone or terminate a flight after the payload's cutoff date; however, NASA will not be required to remove the payload before flight. (6) Customers postponing or terminating the flight of a payload may also be subject to new or additional charges for optional services associated with Shuttle or Spacelab support provided by NASA. (g) Spacelab reflight. (1) For Spacelab payloads, the provisions of §1214.110 apply. [Reserved] (h) Premature termination of Spacelab flights. If a dedicated-Shuttle Spacelab flight, a dedicated-pallet flight or dedicated-FMDM/MPESS flight is prematurely terminated, NASA will refund the optional services charges for planned, but unused, extra days on orbit. If a complete-pallet or shared-element flight is prematurely terminated, NASA will refund a pro rata share of the charges for planned, but unused, extra days on orbit to customers whose payload operations are, in NASA's judgment, adversely affected by such premature termination. The basis for proration will be the customer's Shuttle load factor. (i) Integration of payloads. (1) The customer will bear the cost of the following typical Spacelab-payload mission management functions: (i) Performing analytical design of the mission. (ii) Generating mission requirements and their documentation in the Payload Integration Plan (PIP). (iii) Providing mission-unique training and payload specialists (if appropriate). (iv) Physically integrating experiments into racks and/or onto pallets. (v) Providing payload-unique software for use during ground processing, on orbit or in POCC operations. (vi) Providing operation support. (vii) Ensuring the mission is safe. (2) All physical integration (and de-integration) of payloads into racks and/or onto pallets will normally be performed at KSC by NASA. When the customer provides Spacelab elements, these physical integration activities may be done by the customer at a location chosen by the customer. (3) Except for the restrictions noted in paragraph (i)(2) of this section, and the implementation of paragraph (i)(1)(vii), customers contracting for dedicated-Shuttle and dedicated-pallet flights may perform the Spacelab-payload mission management functions defined in paragraph (i)(1) of this section. NASA will assist customers in the performance of these functions, if requested. Charges for this service will be based on estimated actual costs, or actual costs where appropriate, and will be in addition to the price for standard services. (4) For complete pallets or shared elements, NASA will normally perform the Spacelab-payload mission management functions listed in paragraph (i)(1) of this section. Charges for this service will be based on estimated actual costs, or actual costs where appropriate, and will be in addition to the price for standard services. (5) Integration of payload entities mentioned in paragraphs (i)(2) through (i)(4) of this section with NASA-furnished Spacelab support systems and with the Shuttle will be performed by NASA as a standard service for all payloads flown on customer-furnished Spacelab elements. Customers will be available to participate as required by NASA in these levels of integration. Customer equipment will be operated only to the extent necessary for interface verification. Customers requiring additional payload operation after delivery of the payload to NASA will negotiate such operation as an optional service. (j) Common standard services for Spacelab payloads. The following standard services are common to all Spacelab flights: (1) Use of Shuttle1 1 Typical standard Shuttle services repeated for clarity. (2) Spacelab interface analysis. (3) A five-person NASA flight crew consisting of commander, pilot and three mission specialists. (4) Accommodations for a five-person flight crew. (5) Prelaunch integration and interface verification of preassembled racks and pallets (Levels III, II and I for NASA-furnished Spacelab hardware; Level I only for customer-furnished Spacelab hardware). (6) Shuttle1 and Spacelab flight planning. (7) Payload electrical power. (8) Payload environmental control. (9) On-board data acquisition and processing services. (10) One day of transmission of payload data to compatible receiving stations via an Independent Payload Data Stream. (Subject to availability NASA may make excess orbiter instrumentation downlink capability available to payloads at no additional charge.)1 (11) Use of NASA-furnished standard payload monitoring and control facilities. (12) Voice communications between on-orbit flight personnel operating the customer's payload and a NASA-designated payload monitoring and control facility. (13) NASA payload safety review.1 (14) NASA support of payload design reviews.1 (k) Typical optional services for Spacelab payloads. The following are typical optional Spacelab services. (1) Use of special payload support equipment, e.g., instrument pointing system. (2) Nonstandard mission destination. (3) Additional time on orbit. (4) Mission-independent training, use of, and accommodations for all flight personnel in excess of five. (5) Mission-dependent training of all NASA-furnished personnel and backups. (6) Analytical and/or hands-on integration (and de-integration) of the customer's payload into racks and/or onto pallets. (7) Unique integration or testing requirements. (8) Additional resources beyond the customer's pro rata share. (9) Additional experiment time or crew time beyond the customer's pro rata share. (10) Special access to and/or operation of payloads. (11) Customer-unique requirements for: software development for the Command and Data Management Subsystem (CDMS) onboard computer, configuration of the Payload Operations Control Center (POCC) and/or CDMS used during KSC ground processing. (12) Extravehicular Activity (EVA) services. (13) Payload flight planning services. (14) Transmission of Spacelab data contained in the Shuttle OI telemetry link to a location other than a NASA-designated monitoring and control facility. (15) Transmission of payload data via an Independent Payload Data Stream during additional time on orbit. (16) Transmission of payload data via a Direct Data Stream. (17) Level III/II integration of customer-furnished Spacelab hardware. (l) Computation of sharing and pricing parameters—(1) General. (i) Computational procedures as contained in the following subparagraphs will be applied as indicated. The procedure for computing Shuttle load factor, charge factor and flight price for Spacelab payloads replaces the procedure contained in §1214.103. (ii) Shuttle charge factors as derived herein apply to payloads meeting the launch and orbit criteria established in §1214.117. Customers will reimburse NASA an optional services fee for flights to nonstandard destinations. (iii) The customer's total Shuttle charge factor will be the sum of the Shuttle charge factors for the customer's individual (dedicated, complete or shared) elements, with the limitation that the customer's Shuttle charge factor will not exceed 1.0. (iv) Customers contracting for pallet-only payloads are entitled to locate minimal controls as agreed to by NASA in a pressurized area to be designated by NASA. There is no additional charge for this service. (v) NASA will, at its discretion, adjust, up or down, the load factors and load fractions calculated according to the procedures defined in this section. Adjustments will be made for special space or weight requirements, which include, but not limited to: (A) Sight clearances, orientation or placement limits. (B) Clearances for movable payloads. (C) Unusual access clearance requirements. (D) Clearances extending beyond the bounds of the normal element envelope. (E) Extraordinary shapes. The adjusted values will be used as the basis for computing charge factors and prorating services. (2) Definitions used in computations. (i) Lc=Chargeable payload length, m. The total length in the cargo bay occupied by the customer's experiment and the Spacelab element(s) used to carry it. (ii) Wc=The weight, kg, of the customer's payload and the customer's pro rata share of the weight of NASA mission-peculiar equipment carried to meet the customer's needs. (3) Dedicated-Shuttle Spacelab flight (1-day mission). The total reimbursement is as defined in §1214.119(d)(3)(iii). (4) Dedicated-pallet flight (1-day mission). (i) The Shuttle load factors, charge factors and nominal payload capacities for dedicated-pallet flights are shown in the table below. Subject to other Shuttle Spacelab structural limits, customers are entitled to use the payload weight capability of the pallets as indicated in the table. Payload weights in excess of those shown are subject to NASA approval and may entail optional services charges. (ii) Total reimbursement. The customer's total reimbursement is as defined in §1214.119(d)(4)(iii). (5) Dedicated FMDM/MPESS flight (1-day mission)—(i) Shuttle charge factor. The Shuttle charge factor for dedicated FMDM/MPESS flights is defined as: (ii) Shuttle load factor. (A) The Shuttle load factor is defined as the maximum of: or (B) The minimum value of Lc is based on the element length, plus clearances, and is 1.18 m. (iii) Total reimbursement. The customer's total reimbursement is as defined in §1214.119(d)(4)(iii). (6) Complete pallets (7-day mission). (i) The Shuttle load factor and charge factor for a complete pallet are 0.198 and 0.228, respectively, and its payload weight capability is 2,583 kg. Subject to other Shuttle or Spacelab structural limits, customers are entitled to use this payload weight capability. Payload weight in excess of 2,583 kg is subject to NASA approval and may entail optional service charges. (ii) Total reimbursement. The customer's total reimbursement is as defined in §1214.119(d)(5)(iii). (7) Shared elements (7-day mission)—(i) Spacelab load fractions and Shuttle load factors—(A) Pallet. Spacelab load fraction is the greater of: or Shuttle load factor is the greater of: or (B) Pressurized module. Spacelab load fraction and Shuttle load factor are identical and are the greater of: or (ii) Shuttle charge factors and element charge factors for pressurized modules. Shuttle charge factors and element charge factors are identical and are defined as follows: (iii) Element charge factors for shared pallets. (iv) Shuttle charge factors for shared pallets. (v) Total reimbursement. (A) The customer's total reimbursement is as defined in §1214.119(d)(6)(iii). (B) If a customer contracts for portions of more than one element, the charges for the use of the elements will apply individually to each element used. (vi) Pressurized module experiment volume. Experiment volume in the pressurized module is defined to be the sum of the customer's payload volume in racks and in the center aisle. (A) Rack volume is defined relative to basic Air Transportation Rack (ATR) configurations. The customer's rack volume will be defined as the volume of one or more rectangular parallelepipeds (rectangular-sided boxes) which totally enclose the cuss payload. Width dimensions will be either 45.1 or 94.0 centimeters. Height dimensions will be integral multiples of 4.45 centimeters. Depth dimensions will be 61.2 or 40.2 centimeters. (B) Center aisle space volume is defined as the volume of a rectangular parallelepiped which totally encloses the customer's payload. No edge of the parallelepiped will be less than 30 centimeters in length. (vii) Pressurized module storage volume. Storage volume in the pressurized module is defined as the volume of one or more rectangular parallelepipeds enclosing the customer's stowed payload. No edge of the parallelepiped(s) will be less than 30 centimeters in length. (viii) Pallet payload volume. Volume of the customer's pallet-mounted payload is defined as the volume of a rectangular parallelepiped enclosing the pallet payload and customer-dictated mounting hardware. No edge of the parallelepiped will be less than 30 centimeters in length.
Title 14: Aeronautics and Space
PART 1214—SPACE FLIGHT
Subpart 1214.1—General Provisions Regarding Space Shuttle Flights of Payloads for Non-U.S. Government, Reimbursable Customers
§ 1214.100 Scope.
§ 1214.101 Eligibility for flight of a non-U.S. government reimbursable payload on the Space Shuttle.
§ 1214.102 Definitions.
§ 1214.103 Reimbursement for standard services.
---------------------------------------------------------------------------------------------------------------- Percent of price due -------------------------------------------------------------------- Number of months before launch flight is Months prior to scheduled launch date scheduled At time of ------------------------------------------------------- scheduling 33 24 18 12 6 3 Total----------------------------------------------------------------------------------------------------------------33 or more................................. ........... 10 10 15 25 25 15 10024-32...................................... 11 ...... 10 15 25 25 15 10118-23...................................... 23 ...... ...... 15 25 25 15 10312-17...................................... 42 ...... ...... ...... 25 25 15 1076-11*...................................... 73 ...... ...... ...... ...... 25 15 1133-5*....................................... 107 ...... ...... ...... ...... ...... 15 122Less than 3*............................... 122 ...... ...... ...... ...... ...... ...... 122----------------------------------------------------------------------------------------------------------------*Additional charges pursuant to § 1214.103(h)(2)(ii) also may apply.
§ 1214.104 Reimbursement for optional services.
§ 1214.105 Apportionment and/or assignment of services.
§ 1214.106 Minor delays.
§ 1214.107 Postponement.
------------------------------------------------------------------------ Postponement fee, percent of standard Months before scheduled launch date when flight price postponement occurs ----------------------- Dedicated Shared flights flights------------------------------------------------------------------------More than 33.................................... 0 018 or more but less than or equal to 33 _1st postponement........................... 0 0 _2nd and subsequent......................... 5 517 or more but less than 18..................... 6 916 or more but less than 17..................... 7 1315 or more but less than 16..................... 8 1714 or more but less than 15..................... 10 2013 or more but less than 14..................... 11 2412 or more but less than 13..................... 12 2811 or more but less than 12..................... 13 3210 or more but less than 11..................... 14 369 or more but less than 10...................... 15 408 or more but less than 9....................... 17 437 or more but less than 8....................... 18 476 or more but less than 7....................... 19 51Less than 6..................................... 20 55------------------------------------------------------------------------
§ 1214.108 Termination.
------------------------------------------------------------------------ Termination fee,Months before scheduled launch date when termination percent of Shuttle occurs standard flight price------------------------------------------------------------------------18 or more.......................................... 1017 or more but less than 18......................... 1116 or more but less than 17......................... 1215 or more but less than 16......................... 1314 or more but less than 15......................... 1513 or more but less than 14......................... 1612 or more but less than 13......................... 1711 or more but less than 12......................... 1810 or more but less than 11......................... 199 or more but less than 10.......................... 208 or more but less than 9........................... 227 or more but less than 8........................... 236 or more but less than 7........................... 24Less than 6......................................... 25------------------------------------------------------------------------
§ 1214.109 Scheduling.
§ 1214.110 Reflight.
§ 1214.111 Rendezvous services.
§ 1214.112 Patent, data and information matters.
§ 1214.113 Allocation of risk.
§ 1214.114 Provision of services.
§ 1214.115 Standard services.
§ 1214.116 Typical optional services.
§ 1214.117 Launch and orbit parameters for a standard launch.
§ 1214.118 Special criteria for deployable payloads.
§ 1214.119 Spacelab payloads.
------------------------------------------------------------------------ Fee for use of Spacelab element(s), percent of Months before scheduled launch date when price for use of postponement or termination occurs element(s) -------------------------- Postponement Termination------------------------------------------------------------------------ Dedicated Flights, Dedicated Elements, and Dedicated FMDM/MPESS------------------------------------------------------------------------ 18 or more................................... 5 1012........................................... 14 203............................................ 60 850............................................ 75 100------------------------------------------------------------------------Complete Pallets and Shared Elements------------------------------------------------------------------------18 or more................................... 5 1012........................................... 18 809............................................ 32 958 or less.................................... 95 100------------------------------------------------------------------------
---------------------------------------------------------------------------------------------------------------- Load Factor Charge Factor Nominal Payload Capacity, -------------------------------------------------------- kg No. of Pallets --------------------------- With Igloo FMDM With Igloo FMDM FMDM Configuration Configuration With Igloo Configuration----------------------------------------------------------------------------------------------------------------1........................... 0.228 0.189 0.305 0.252 2,325 2,9502........................... 0.392 NA 0.523 NA 4,470 NA3-pallet train*............. 0.556 NA 0.742 NA 4,435 NA2+1 config.................. 0.594 NA 0.792 NA 7,750 NA----------------------------------------------------------------------------------------------------------------*Three pallets requiring the ``1+1+1'' configuration will be flown on a dedicated-flight basis [See § 1214.119(c)(1)].
------------------------------------------------------------------------ The element chargeIf the Spacelab load fraction (and Shuttle load factor and Shuttle factor) is: charge factor will be:------------------------------------------------------------------------Less than 0.00435.............................. 0.0050.00435 to 0.87................................ Spacelab load fraction divided by 0.87Greater than 0.87.............................. 1.0------------------------------------------------------------------------
------------------------------------------------------------------------ The element charge If the Spacelab load fraction is: factor will be:------------------------------------------------------------------------Less than 0.0189............................... 0.02180.0189 to 0.87................................. Spacelab load fraction divided by 0.87Greater than 0.87.............................. 1.0------------------------------------------------------------------------
------------------------------------------------------------------------ The Shuttle charge If the Shuttle load factor is: factor will be:------------------------------------------------------------------------Less than 0.00375.............................. 0.0050.00375 to 0.75................................ Shuttle load factor divided by 0.75Greater than 0.75.............................. 1.0------------------------------------------------------------------------
