Imágenes de páginas
PDF
EPUB

Research Center shall also be considered (b) NASA installations will furnish Chief Counsel of Wallops Station, and copies of Standard Form 95 upon the Chief Counsel of the Western Sup request. port Office shall also be considered Chief

$ 1204.906 Evidence and information Counsel of the Flight Research Center.

required. (c) The term “General Counsel" means the NASA General Counsel, or,

(a) The circumstances alleged to have in his absence, the NASA Deputy Gen

given rise to the claim, and the amount eral Counsel.

claimed, should, so far as possible, be

substantiated by competent evidence. 8 1204.903 Claimant

Supporting statements, estimates, and (a) A claim for injury to or loss of the like should, if possible, be obtained property may be presented by the owner from disinterested parties. See 14 CFR of the property, his duly authorized Subpart 14.4 for guidance. agent or legal representative.

(b) In addition to the evidence and (b) A claim for personal injury may

information required under paragraph be presented by the injured person, his (a) of this section, a claimant whose duly authorized agent, or legal repre

claim is being acted upon pursuant to 42 sentative.

U.S.C. 2473(b) (13) shall be required to (c) A claim based on death may be submit information as to the amount of presented by the executor or adminis money or other property received, or trator of the decedent's estate, or by any which the claimant may be entitled to other person legally entitled to assert receive, by reason of the claimed injury, such a claim in accordance with appli loss, or death from persons other than cable State law.

NASA or NASA employees. (Such per(d) A claim for loss wholly compen sons include, but are not limited to, insated by an insurer with the rights of a surers, employers, and persons whose subrogee may be presented by the in conduct was a cause of the accident or surer. A claim for loss partially compen incident.) sated by an insurer with the rights of a (c) Any document in other than the subrogee may be presented by the parties English language should be accompanied individually as their respective interests by an English translation. appear, or jointly.

$ 1204.907 Time limitations. (e) A claim presented by an agent or legal representative shall be presented

(a) A claim may not be acted upon in the name of the claimant, be signed

pursuant to the Federal Tort Claims Act by the agent or legal representative,

unless it is presented to NASA within 2 show the title or legal capacity of the

years after it accrued. person signing, and be accompanied by

(b) A claim may not be acted upon evidence of his authority to present a

pursuant to 42 U.S.C. 2473(b) (13) (A) or claim on behalf of the claimant as

(B) unless it is presented to NASA withagent, executor, administrator, parent,

in 2 years after the occurrence of the guardian, or other representative.

accident or incident out of which the

claim arose. $ 1204.904 Place of filing claim.

(c) A claim shall be deemed to have A claim arising in the United States been presented to NASA when NASA reshould be submitted to the Chief Coun ceives from a claimant or his duly ausel of the NASA installation whose activ thorized agent or legal representative an ities are believed to have given rise to executed Standard Form 95 or other the claimed injury, loss, or death. If the written notification of an incident or acidentity of such installation is not known, cident, accompanied by a claim in a sum or if the claim arose in a foreign country,

certain. the claim should be submitted to the

$ 1204.908 NASA officials authorized to General insel, National Aeronautics

act upon claims. and Space Administration, Washington,

(a) All claims arising in the United D.C. 20546.

States from the activities of a field in$ 1204.905 Form of claim.

stallation shall be acted upon as follows (a) The official designated in § 1204. by the Chief Counsel of such installation: 808 shall, prior to acting on a claim, re (1) Claims not exceeding $1,000 shall quire the claimant to submit a completed be acted upon pursuant to 42 U.S.C. 2473 Standard Form 95.

(b) (13) (A) or the Federal Tort Claims

Act, as the Chief Counsel deems appropriate.

(2) Claims in excess of $1,000 shall be (1) acted upon pursuant to the Federal Tort Claims Act, provided that an award, compromise, or settlement in excess of $10.000 shall be effected only with the prior approval of the General Counsel, or (ii) forwarded to the General Counsel for action pursuant to 42 U.S.C. 2473(b) (13), if the Chief Counsel is of the opinion that the claim may be meritorious and otherwise suitable for settlement under such authority. A claim so forwarded should be accompanied by a report of the facts of the claim, based upon such investigation as may be appropriate, and & recommendation as to the action to be taken.

(b) Claims forwarded to the General Counsel pursuant to paragraph (a) of this section, or not within the scope of such paragraph, shall be acted upon by the General Counsel pursuant to the Federal Tort Claims Act or 42 U.S.C. 2473(b) (13) (A) or (B), as the General Counsel deems appropriate. 1204.909 Action under the Federal

Tort Claims Act. Where a claim is to be acted upon pursuant to the Federal Tort Claims Act, action shall be taken in accordance with 28 U.S.C. 2672, such other provisions of the Federal Tort Claims Act as may be applicable (see e.g., 28 U.S.C. 2680), and regulations prescribed by the Attorney General pursuant to 28 U.S.C. 2672. & 1204.910 Investigation of claims.

The official designated in § 1204.808 shall conduct such investigation of a claim as he deems appropriate. Such oficial may request any NASA office or other Federal agency to assist in the investigation. & 1204.911 Claims requiring Department

of Justice approval or consultation. (a) When in the opinion of the oficial designated in § 1204.808(a), Department of Justice approval or consultation may be required, pursuant to 28 CFR Subparts 14.1-14.11, in connection with a claim being acted upon, under the Federal Tort Claims Act, at a field installation, the following papers shall be forwarded to the General Counsel: (1) A short and concise statement of the facts of the claim; (2) copies of all relevant portions of the claim file; (3)

a statement of the recommendations or views of the forwarding official.

(b) A claim forwarded to the General Counsel in accordance with paragraph (a) of this section, or upon which the General Counsel is acting pursuant to $ 1204.808(b), shall be referred to the Department of Justice when, in the opinion of the General Counsel, Department of Justice approval or consultation is required or otherwise is appropriate. $ 1204.912 Action on approved claims.

(a) Upon settlement of a claim, the official designated in $ 1204.808 will prepare, and have executed by the claimant, a Voucher for Payment of Tort Claims (NASA Form 616), if the claim has been acted upon pursuant to 42 U.S.C. 2672 (b) (13), or a Voucher for Payment under Federal Tort Claims Act (Standard Form 1145), if the claim has been acted upon pursuant to the Federal Tort Claims Act. The form as so prepared will then be refered to the congizant NASA installation fiscal or financial management office for further action as appropriate.

(b) When a claimant is represented by an attorney, both the claimant and his attorney will be designated as "payees” on the appropriate voucher, and the check will be delivered to the attorney whose address shall appear

on the voucher.

(c) Acceptance by the claimant, his agent, or legal representative, of any award, compromise, or settlement made pursuant to this subpart shall be final and conclusive on the claimant, his agent or legal representative and any other person on whose behalf or for whose benefit the claim has been presented, and shall constitute a complete release of any claim against the United States and against any employee of the Government whose act or omission gave rise to the claim, by reason of the same subject matter. $ 1204.913 Required notification in the

event of denial. Final denial of a claim shall be in writing and shall be sent to the claimant, his attorney, or legal representative by certified or registered mail. The notification of final denial may include a statement of the reasons for the denial and shall include a statement that, if the claimant is dissatisfied with NASA's action, he may file suit in an appropriate U.S. District Court not later than 6 months after the date of mailing the notification,

& 1204.914 Annual reports.

the scope of his office or employment The Chief Counsel of each field instal

with NASA at the time of the incident, at lation shall, in February of each year,

the earliest possible date, or within such forward to the General Counsel, NASA

time as shall be fixed by the U.S. attorney Headquarters, a report providing the fol

upon request. lowing information for each claim acted

(c) A Chief Counsel acting pursuant upon during the preceding calendar

to paragraph (b) of this section shall year: (a) The name of the claimant; (b) submit the following documents to the the amount of the claim; (c) the nature

General Counsel, who is hereby desigand alleged cause of the claimed injury

nated to receive such documents on or loss; (d) disposition of the claim, in

behalf of the Administrator: cluding grounds therefor.

(1) Copies of all process and pleadings

submitted to a U.S. attorney in accord$ 1204.915 Procedures for the handling

ance with paragraph (b) of this section of lawsuits against NASA employees arising out of their operation of mo

(2) In addition, where the action or tor vehicles in the course of their

proceeding is for damages in excess of employment.

$10,000, or where, in the opinion of the

Chief Counsel, such action or proceeding The following procedures shall be fol

involves a new precedent, a new point of lowed in the event that a civil action or

law, or a question of policy, copies of reproceeding is brought, in any court,

ports and all other papers submitted to against any employee of NASA (or

such U.S. attorney. against his estate), for injury or loss of property or personal Injury or death, re

PART 1205_SPACE SCIENCE FLIGHT sulting from the employee's operation of

EXPERIMENTS a motor vehicle while acting within the scope of his office or employment:

Subpart 1-Policy Concerning Data Obtained (a) After being served with process or

From Space Science Flight Experiments pleadings in such an action or proceed

Sec. ing, the employee (or the executor or

1205.100 Scope.

1205.101 Policy. administrator of his estate) shall imme

1205.102 Definitions. diately deliver all such process and plead

1205.103 Responsibility. ings or an attested true copy thereof,

1205.104 Support of research. together with a fully detailed report of Appendix A-Functions and operation of Na. the circumstances of the accident giving tional Space Science Data Center. rise to the court action or proceeding, AUTHORITY: The provisions of this part to the following officials:

1205 issued under 42 U.S.C. 2454. (1) The General Counsel insofar as

SOURCE: The provisions of this Part 1205 actions or proceedings against employees

appear at 32 FR. 132, Jan. 7, 1967, unless of NASA Headquarters are concerned; or otherwise noted.

(2) The Chief Counsel of the NASA installation at which the employee is

Subpart 1-Policy Concerning Data employed, insofar as actions against

Obtained from Space Science Flight other than NASA Headquarters em Experiments ployees are concerned.

8 1205.100 Scope. (b) Upon receipt of such process and pleadings, the General Counsel or the

(a) This subpart establishes the policy Chief Counsel of the NASA installation

and responsibilities for reduction, analreceiving the same shall furnish to the

ysis, preservation, and dissemination of U.S. attorney for the district embracing

data obtained from space science flight the place where the action or proceeding

experiments. is brought and the Chief of the Torts

(b) The provisions of this subpart apSection, Civil Division, Department of

ply to all data obtained from space sciJustice, the following:

ence flight experiments recommended by (1) Copies of all such process and

the Space Science Steering Committee of pleadings in the action or proceeding,

National Aeronautics and Space Adminpromptly upon receipt thereof; and

istration (NASA) and approved by the (2) A report containing a statement of

Associate Administrator for Space Scithe circumstances of the incident giving

ence and Applications, NASA Headquarrise to the action or proceeding, and all

ters. The policy and procedures for the data bearing upon the question of conduct of the Space Science Program whether the employee was acting within and the responsibilities for the selection

and support of scientific investigations living organisms other than man are and investigators are set forth in NASA included. Management Issuance 7100.1.

(b) Original data records. Those rec$ 1205.101 Policy.

ords made by the various telemetering

and/or tracking stations as part of the (a) In conducting space science flight basic field operations and exposed film experiments, NASA shall seek to:

and data records returned by recovered (1) Preserve the integrity of each in

spacecraft. These records will generally vestigation.

require specialized processing techniques (2) Encourage the participation of the

to prepare them for further use or, as in best qualified scientists.

the case of tracking data, to convert (3) Make the results of investigations them into more meaningful terms. generally available to the scientific com (c) Returned samples. Recovered munity at the earliest practicable time.

specimens of extraterrestrial material or (b) NASA shall rely heavily on indi terrestrial material exposed to space vidual scientists in the United States (in

environment. and out of Government) to carry out a (d) Master data records. Those reccomplete investigation by:

ords obtained through specialized proc(1) Conceiving specific investigations. essing techniques from the original data

(2) Developing, when appropriate, the records. They contain the original exinstrumentation for the investigation. periment information and supporting

(3) Participating actively, wherever information such as orbital position, possible, in the actual conduct of the in

spacecraft attitude, and command and vestigation.

housekeeping data. Ground time, and (4) Reducing and analyzing the data obtained.

where applicable, spacecraft time will (5) Publishing their findings as soon

have been correlated with these data. as practicable and making their reduced

Extraneous and duplicate segments have data records available on a timely basis

been removed and the remainder is an for use by others.

organized, identified set of records, usu(c) A provision for the release of data ally in a digital form, capable of direct obtained by the individual investigator entry into a computer. from the investigation shall be included (e) Experiment data records. Those in an agreement with the individual in records extracted from the master data vestigator at the time the investigation records to provide the principal investiis selected. NASA shall take such action

gator with data associated only with his as necessary to insure that data are released as required to meet scientific and

experiment.

(f) Reduced data records. Those technological needs. (d) Foreign scientists participating in

records prepared from the experiment cooperative space science flight experi

data records by the introduction of callment projects shall be governed by the

bration factors, and the elimination of respective international agreements.

meaningless and duplicate portions of

information. Records prepared from $ 1205.102 Definitions.

analysis of returned samples and photoFor the purpose of this subpart, the graphs are also included. Visual data, following definitions apply:

such as photographs derived from data (a) Space science flight experiments. processing techniques, may also be conInvestigations of natural phenomena of sidered as reduced data records. These the earth and its environment, the moon, records will contain the values of the other planets, the sun, interplanetary quantities measured as functions of time, space, and other celestial objects and position and other appropriate paramregions made from, or in conjunction eters. It is from these records, or the with aircraft, balloons, sounding rock tabulations and graphs prepared directly ets, earth satellites, space probes, and from them, that the investigator will manned spacecraft for the purpose of develop his analysis and conclusions. increasing basic knowledge of these (g) Correlative data. Those records, natural phenomena. The biological in such as magnetograms and ionograms vestigations involving both the search from ground-based observatories, necesfor extraterrestrial life and observation sary for the analysis and evaluation of of the effects of space environment on space science experiments.

$ 1205.103 Responsibility.

(3) Delivery of experimenter data (a) The Office of Space Science and

records to investigators on a timely basis. Applications, NASA Headquarters. The

(4) Insuring that the recovered speciAssociate Administrator for Space Sci

mens of terrestrial material exposed to ence and Applications is responsible for:

space environment and the original data (1) Overall administration and opera

records or master data records are pretion of the Space Science Flight Experi

served until all meaningful information ments Program.

has been extracted from them and (2) Overall direction of the National

placed in the NSSDC. Space Science Data Center (NSSDC)

(5) Providing the Associate Administhrough the Director, Goddard Space

trator for Space Science and ApplicaFlight Center, Greenbelt, Md.

tions with the name of the individual

who will be the field installation's focal (3) Management of data reduction, analysis, preservation, and release func

point for matters pertaining to the

NSSDC. tions concerning space science flight experiments.

(e) Responsibilities of the Principal (4) Issuance of implementing man

Investigator (NASA, non-NASA and agement instructions and guidelines con

foreign). At the time an investigation sistent with the provisions of this sub

is approved for fiight, the Principal Inpart. The Director, Physics and As

vestigator will be notified in writing by tronomy Programs, Office of Space

the Office of Space Science and AppliScience and Applications, is responsible

cations, National Aeronautics and Space for program management of the NSSDC. Administration, Washington, D.C. 20546, (b) NASA Headquarters Program

of his responsibilities for reduction, Offices. Each program director within

prime analysis, and delivery to NSSDC Headquarters Program Offices is respon

of reduced data records. These respon

sibilities (subject in the case of foreign sible for managing the data reduction, prime analysis and delivery of reduced

scientists to the specifications of the data records to the NSSDC from space

governing international agreement) will

include: science flight experiments for which he has program management responsibility.

(1) Completion of data reduction and (c) Tracking and data systems man

prime analysis of the data from his exagement. The Goddard Space Flight

periment within the period of time Center and the Jet Propulsion Labora

agreed upon between the Principal tory are responsible for development of

Investigator and the Associate Admaster data records and experimenter

ministrator for Space Science and data records and delivery of experi

Applications. menter data records to the cognizant

(2) Publication of the results of his project management center.

analysis as soon as practicable. (d) NASA field installation responsi

(3) Preparation of reduced data recbility. NASA field installations assigned

ords together with the necessary backproject management responsibility for

ground information to make them usable unmanned flight projects or science sys

by other scientists and delivery of a copy tems/experiments development respon

of the records and background informasibility for manned flight projects are

tion to the NSSDC on a schedule to be also responsible for:

negotiated between the Principal Inves(1) Insuring that the contracts or tigator's institution and the project manwritten agreements negotiated between agement center. the Principal Investigator's institution

(f) National Space Science Data Cenand the project management center ter. The Director, Goddard Space Flight specify the responsibility of the Principal Center, is responsible for management Investigator for data reduction, prime of the National Space Science Data Cenanalysis and delivery of reduced data ter, Goddard Space Flight Center, Greenrecords and necessary documentation to belt, Md. 20771. For functions and the NSSDC.

operation of the Center, see Appendix A (2) Insuring that investigators on to this subpart. The Data Center Directhese projects fulfill the stipulations of tor, appointed by the Director, Goddard the contracts or written agreements per Space Flight Center, is responsible for: taining to the responsibilities described (1) Implementing the NASA project in subparagraph (1) of this para development plan for the operation of graph (d).

the National Space Science Data Center.

« AnteriorContinuar »