[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1210.4]



[Page 74-75]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1210_DEVELOPMENT WORK FOR INDUSTRY IN NASA WIND TUNNELS--Table 

of Contents

 

Sec. 1210.4  Company projects.



    (a) Initiation of company projects. Company projects will be 

initiated by a letter to the Center Director followed by a conference 

between company and NASA representatives at the center having 

responsibility for the facility proposed for the project. The company 

representatives will be required to explain the technical need for the 

project and why the NASA facility is required, as well as to define the 

extent of the test program, model and equipment requirements, and 

schedule. The center shall maintain a file of all company requests and 

their disposition. The company will be required to provide a Safety 

Analysis Report (SAR) describing potential hazards that the company test 

program, model, and equipment may present to NASA facilities and 

personnel, and other documentation required by the facility management 

to assure that safety requirements are met.

    (b) Scheduling of tests. In scheduling time for company projects, 

the responsible NASA center will consider the merits of all projects, 

including government, company, and NASA research work relative to the 

national interest and priorities specified in Sec. 1210.3. Every 

reasonable attempt will be made to accommodate technically justifiable 

projects on as timely a basis as possible.

    (c) Fees for company projects. The policy on charges for the use of 

NASA facilities is explained in NASA Management Instruction 9080.1, 

``Review, Approval, and Imposition of User Charges.'' The fee imposed 

for a company project will cover all direct and indirect costs to NASA 

for the wind tunnel test.

    (1) Occupancy time charge. (i) The occupancy time will be computed 

from the start of installation of the test article in the wind tunnel 

test section through the time that the test article is removed from the 

test section and the test section is restored to its original condition.

    (ii) The occupancy time rate will be determined in accordance with 

NASA Management Instruction 9080.1.

    (2) Energy/Fuel. The charge for energy/fuel will be determined from 

the energy/fuel consumed during the tests and the actual cost to NASA.

    (3) Data reduction. The cost of data reduction and the data report 

will include labor, materials, computational costs, and appropriate 

indirect charges in accordance with NASA Management Instruction 9080.1.

    (4) Cancellation of scheduled wind tunnel time. Upon determination 

of a test schedule by the representatives of the company and of NASA, it 

becomes the responsibility of the company to meet this schedule. A 

project may be cancelled by the company without charge on 60 days' 

notice if succeeding projects are ready for testing and can be moved 

into the company's previously scheduled time. In the event subsequently 

scheduled work cannot be scheduled in lieu of the company's work, when 

cancelled with less than 60 days' notice, the company shall be required 

to pay the occupancy time charge for the scheduled test period or for 

the period the facility test section is idle due to the cancellation, 

whichever results in the smaller charge. Curtailment of a project 

underway before the end of the scheduled test period may be made by the 

company. In this event, the company shall be required to pay the 

occupancy charge for the time used plus the unused scheduled time or for 

the idle time of the test section, whichever is the smaller.

    (5) High-power requirements. Unavailability of adequate power or 

economic considerations may, on occasion, cause delay or cancellation of 

high-powered test runs. The company shall cooperate with the facility 

staff in the scheduling of low-powered runs during periods when large 

blocks of power are unavailable. However, should rescheduling of test 

runs to accommodate power shortages be impractical, occupancy time 

charge credits will be made for time lost arising from such shortages. 

The basis for these credits, which will also be made for delays due to 

breakdown or malfunction of Government-furnished equipment or 

instrumentation, or due to other reasons beyond the control of



[[Page 75]]



the company, will be determined by each center. For example, the test 

period allotted for the program may be extended to offset delays in lieu 

of a refund.

    (d) Test data transmittal. The basic data for company projects will 

be transmitted to the requesting company without detailed analysis but 

with the necessary description of methods and techniques employed to 

permit proper interpretation of the data.

    (e) Proprietary rights. In order to protect the trade secrets of 

companies, NASA will generate one set of final results, which will 

become the property of the company and be promptly transmitted to the 

company. If, subsequently, there is need to review the results, it will 

be the responsibility of the company to provide the NASA center with 

copies of the resulting data. Upon completion of the review, the data 

will be returned to the company. Should the company desire to maintain 

its trade secret rights in the data during the loan period, it should 

mark the data with a notice stating that the data shall not be used or 

disclosed other than for review purposes without prior written 

permission of the company. NASA, in turn, will protect that data covered 

by the notice which is protected under the law as a trade secret.

    (f) Test preparation and conduct. See Sec. 1210.6.