[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1210.4]

[Page 74-75]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                   CHAPTER V--NATIONAL AERONAUTICS AND
                          SPACE ADMINISTRATION
 
PART 1210_DEVELOPMENT WORK FOR INDUSTRY IN NASA WIND TUNNELS--Table of 
 
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

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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.