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(2) Recommending, through the Di- (2) Unclassified reduced data records made rector, Goddard Space Flight Center, any

available from space science flight experichanges in policies, procedures, and plans

ments by other agencies in accordance with for the operation of the Data Center

interagency agreements.

(3) Correlative and other data requested deemed appropriate to the effective

by Investigators as necessary for the utilizaattainment of project objectives.

tion of data in the NSSDC. (3) Preparing budget estimates for (4) Data records from foreign space scioperation of the Data Center.

ence flight experiments which may be made (4) Establishing fees for the computer

available by international exchange of data and reproduction services performed by

through the World Data Centers or by coopthe Center.

erative agreements.

(5) Those final analyzed data which the (5) Compiling, based on information

Principal Investigator designates as best obtained from project management cen

containing scientific results of his ters, schedules for transmission of re- experiment. duced data records to the NSSDC by (b) Data not to be acquired. (1) Data investigators on NASA fight projects and obtained from operational observations made reporting on the progress of the collection for specific applications such as weather foreof data from investigators.

casting, navigation, communications. track(6) Preparing guidelines for investiga

ing and telemetry, medical Investigations,

and technological investigations which contors in preparing data records for the

tribute only to the development of space Data Center, and disseminating these flight hardware will not be acquired by the guidelines to appropriate individuals Center. and agencies.

(2) Because of the problems associated (7) Reporting quarterly on the prog

with the prevention of contamination of ress and financial status of the Data

lunar samples and subsequently samples Center operations.

from other planets, returned samples and

associated data will be stored at the Lunar (8) Assessing adequacy of Data Cen

Receiving Laboratory at the Manned Spaceter facilities and the effectiveness of

craft Center. However, a description of their utilization; and recommending, samples will be furnished the Data Center for through the Director, Goddard Space announcement. Flight Center, the necessary actions to

(3) Original data records (including magmeet future facility requirements.

netic tapes, telemetry records, exposed film,

and meteorite collection panels) will nor(9) Maintaining, protecting, and re

mally not be acquired by the Center. tiring NASA records in the custody of

(c) Availability of data. Data records in the Data Center in accordance with the the NSSDC will be available to users on the policies and practices of the NASA Rec

following basis: ords Management Program and other (1) To U.S. residents and organizations pertinent management instructions. upon request.

(2) To foreign nationals in accordance § 1205. 104 Support of research.

with the procedures of World Data Center A. The NSSDC will support investigations

(3) To foreign nationals on the basis of

cooperative agreements between NASA and in space sciences to the extent of mak

the space agencies of foreign governments ing available its scientific data and facil

or multilateral organizations devoted to ities. However, the NSSDC will not pro

space research. vide financial support for such research. (4) To foreign governments on the basis The Office of Space Science and Applica- or bilateral intergovernment agreements tions will entertain proposals for space

made by the United States on behalf of science research based on data available

NASA. in the NSSDC.

(d) Preservation of data. Data in the

Center will be preserved for the longest pracAPPENDIX A-FUNCTIONS AND OPERATION OF ticable time consistent with the physical NATIONAL SPACE SCIENCE DATA CENTER life of the record. An inspection system

will be established for the reproduction or The National Space Science Data Center

destruction of deteriorating records. In (NSSDC) at the Goddard Space Flight Cen

general, records will be reproduced to extend ter provides scientific data and facilities in

their storage life only if the record of their support of investigations in space science. (a) Data to be acquired. The NSSDC will

past utilization justifies such prolongation, acquire or accept:

Specific categories of data may be reproduced (1) Reduced data records from NASA

to extend their storage life regardless of past sponsored space science flight experiments.

usage in accordance with international or When more appropriate, the Director of the interagency agreements or with the expressed NSSDC may make other arrangements for approval of the Office of Space Science and the acquisition of data from experiments Applications. Whenever a NASA center deand/or their archiving and distribution. termines that there is no longer a require

ment to store original data records, the Data Center will be given prior notice. The Data Center will also notify the responsible center prior to disposing of any reduced data records.

(e) NSSDC publications. The Center will issue such publications as are necessary to promote and facilitate the use of available data. Publications which are presently planned include:

(1) Data users notes. Provides the data user with experiment information and describes the reduced data available.

(2) Catalogs of data. Listings of all data from Space Science Flight Experiments avall. able from the Data Center will be issued as needed but at least every 6 months. The forms in which the data are available will also be indicated, 1.e., microfilm, tapes, printouts, etc.

(3) Data announcements. To be made as data become available.

(1) Other services. The NSSDC will provide technical assistance to data users. In some cases, this may involve the conversion of data records into compatible formats to facilitate correlation of data from various sources. When facilities are avallable the Center will provide lecture rooms, study rooms, and ofice space for use by visiting scientists in research involving the use of available data.

(8) User charges. (1) User charges will be in accordance with the policies set forth in the Bureau of the Budget Circular A-25 and NASA Financial Management Manual 9080. The methods to be used in computing the user charges will be reviewed by the Director of Financial Management, NASA Headquarters.

(2) Appropriate fees will be charged for reproduction, computer and dissemination services provided to individual users by the Data Center. The NSSDC may perform conversion of data records and general technical assistance without charge to individual users. Fees for reproduction and dissemination services may be waived by the Data Center Manager 11:

(1) The cost of collecting the fee would be an unduly large proportion of the amount of the fee.

(11) The data furnished are required to accomplish a research task approved by NASA Headquarters, field installations, or Jet Propulsion Laboratory.

(1) The data are to be used by a Federal, State, or local Government agency or by a nonprofit organization.

Subpart 2-Records Available Sec. 1206.200 Types of records to be made avall.

able. 1206.201 Information and records which

have been published. 1206.202 Creation of records. 1206.203 Records of other agencies. 1206.204 Incorporation by reference. 1206.205 Availability for copying.

Subpart 3-Exemptions 1206.300 Exemptions. 1206.301 Release of exempt records. 1206.302 Limitation of exemptions. Subpart 4—Locations for Inspection of Informa

tion and Other Records 1206.400 Information centers. 1206.401 Location of Information centers. 1206.402 Documents available for inspection

at NASA information centers. 1206.403 Duty hours. 1206.404 Published documents.

Subpart 5-Responsibilities 1206.500 Assistant Administrator for Public

Affairs. 1206.501 NASA Headquarters. 1206.502 Field and component installations,

Subpart 6—Procedures 1206.600 Requests for information or rec

ords. 1206.601 Mail requests. 1206.602 Identity of records. 1206.603 Reasonable time for search. 1206.604 Records in use. 1206.605 Payment of fee. 1206.606 Copies. 1206.607 Release of exempt records. 1206.608 Denial of record.

Subpart 7—Schedule of Fees 1206.700 Schedule of fees.

Subpart 8-Administrative Appeal 1206.800 Appeal from withholding of Infor.

mation or a record. 1206.801 Time for appeal. 1206.802 To whom appeal is made. 1206.803 Contents of appeal. 1206.804 consideration of appeal. 1206.805 Decisions on appeal. Subpart 9-Failure To Release Information or

Records to the Public 1206.900 Failure to release information or

records to the public. Subpart 10-Release of Information to News and

Information Media 1206.1000 Scope. 1206.1001 Policy. 1206.1002 Responsibility.

AUTHORITY: The provisions of this part 1206 issued pursuant to 5 U.S.C. 552, es amended by Public Law 90-23.

SOURCE: The provisions of this Part 1206 appear at 32 F.R. 9528, July 1, 1967, unless otherwise noted.



Subpart 1-Basic Policy Sec. 1206.100 Scope of part. 1206.101 Definitions. 1206.102 General policy.

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Subpart 1-Basic Policy

disclosure under Subpart 3 of this part.

Information and agency records which 8 1206.100 Scope of part.

may be exempt from disclosure under
This Part 1206 establishes the policies, Subpart 3 of this part may nevertheless
responsibilities, and procedures for the be made available upon request by a
release to members of the public of in- member of the public when no public
formation and other identifiable agency interest purpose would be served by
records which are under the jurisdiction withholding them.
of the National Aeronautics and Space

Subpart 2-Records Available
Administration. This part applies to in-
formation and agency records located at § 1206.200 Types of records to be made
NASA Headquarters, at NASA Field In-

stallations, and at NASA component in- (a) Information required to be pub-
stallations, as defined in Subparts 2, 3

lished in the FEDERAL REGISTER. The foland 5 of Part 1201 of this chapter. lowing information, to the extent it § 1206.101 Definitions.

concerns the general public, is required

to be published in the FEDERAL REGISTER, For the purposes of this part, the fol

for codification in Title 14, Chapter V, lowing definition shall apply:

of the Code of Federal Regulations: (a) The term "agency records" or

(1) Description of NASA Headquar“records" includes all books, papers, mi

ters and field organization and the escrofilm, punched cards, tapes, sound re

tablished places at which, the employees cordings, maps, photographs, slides,

from whom, and the methods whereby, movies or other documentary materials,

the public may secure information, make regardless of physical form or character

submittals requests, or obtain istics, made or received by NASA in

decisions; pursuance of Federal law or in connec

(2) Statements of the general course tion with the transaction of public busi

and method by which NASA's functions ness and preserved by NASA as evidence

are channeled and determined, includof the organization, functions, policies,

ing the nature and requirements of all decisions, procedures, operations, or

formal and informal procedures availother activities or because of the infor

able; mational value of data contained

(3) Rules of procedure, descriptions therein. It does not include objects or

of forms available or the places at which articles such as structures, furniture,

forms may be obtained, and instructions paintings, sculptures, tangible exhibits

as to the scope and contents of all or models, vehicles or equipment, or li

papers, reports, or examinations; brary or museum material made or ac

(4) Substantive rules of general apquired and preserved solely for reference

plicability adopted as authorized by or exhibition purposes.

law, and statements of general policy or 1206.102 General policy.

interpretations of general applicability

formulated and adopted by NASA; (a) In accordance with section 203

(5) Each amendment, revision, or re(a) (3) of the National Aeronautics and

peal of the foregoing. Space Act of 1958 (42 U.S.C. 2473(a)

(b) Agency opinions, orders, state(3)), it has been and continues to be

ments, and manuals. (1) Unless they are NASA policy to provide for the "widest

exempt from disclosure under Subpart practicable and appropriate dissemina

3 of this part, or unless they are tion of information concerning its ac

promtly published and copies offered for tivities and the results thereof."

sale, NASA will make available the fol(b) In compliance with the "Freedom

lowing records for public inspection and of Information" amendment to the Ad

copying or purchase: ministrative Procedure Act (5 U.S.C. 552,

(i) All final opinions (including conas amended by Public Law 90-23), a

curring and dissenting opinions) and all positive and continuing obligation exists

orders made in the adjudication of cases, for NASA to make available upon re

where such opinions and orders have a quest by members of the public to the

precedential significance, such as opinfullest extent practicable all information

ions of the NASA Board of Contract and other identifiable agency records

Appeals. under its jurisdiction, as described in

(ii) Those statements of NASA policy Subpart 2 of this part, except to the and interpretations which have been extent that they may be exempt from adopted by NASA and are not published


in the FEDERAL REGISTER, but which may tion and other records available to the be relied upon by NASA as precedents. public. Various other publications are on

(iii) Administrative staff manuals sale by the U.S. Superintendent of Docu(or similar issuances) and instructions ments, the Clearinghouse for Federal to staff that affect a member of the pub- Scientific and Technical Information lic. This does not apply to materials (Department of Commerce), and, in cerwhich do not concern the public, such as tain cases, by NASA, or by commercial manuals or other issuances on property publishers. Information and records or fiscal accounting, budget administra- which have been made available by pubtion, vehicle maintenance, personnel ad- lication will not be reproduced at NASA ministration, and other proprietary Information Centers, as set forth in functions of NASA.

$ 1206.401, unless they cannot be pur(2) In connection with all records re- chased from readily available sources. quired to be made available or published under this paragraph (b), identifying

$ 1206.202 Creation of records. details may be deleted to the extent re- Records will not be created by comquired to prevent a clearly unwarranted

piling selected items from the files at invasion of personal privacy. However, the request of a member of the public, in each case the justification for the de

nor will records be created to provide the letion shall be explained fully in writing. requestor with such data as ratios, A copy of such justification will be at

proportions, percentages, frequency distached to the front of the record and

tributions, trends, correlations, submitted to the member of the public

comparisons. seeking the record from which the deletion was made.

& 1206.203 Records of other agencies. (3) In connection with all records re

Where a record is requested which is quired to be made available or published

of concern to an agency other than under this paragraph (b) which are is- NASA, and such other agency has a parasued, adopted, or promulgated after

mount interest in the record requested, July 4, 1967, except to the extent they

the request will be referred to that agency are exempt from disclosure under Sub

for a decision whether to disclose it, after part 3 of this part, a current index pro

consultation with any other interested viding identifying information will be

agencies. Where a record requested from maintained and made available for pub- NASA is the exclusive concern of anlic inspection and copying or purchase.

other agency, the request will be referred (4) A final order, opinion, statement

to that other agency and the party who of policy, interpretation, or staff man

requested it will be notified thereof. ual or instruction that affects a member of the public may be relied upon, used $ 1206.204 Incorporation by reference. or cited as precedent by NASA against

Matter which is reasonably available any member of the public only if it has

to the members of the public affected been indexed and either made available

thereby shall be deemed published in the or published as provided by this para

FEDERAL REGISTER (pursuant to the Fedgraph (b) or if the member of the pub

eral Register Regulation on Incorporalic has actual and timely notice of the

tion by Reference, 1 CFR Part 20). terms thereof. (c) Other agency records. In addi

§ 1206.205 Availability for copying. tion to the records made available or published under paragraphs (a) and

Except as provided in § 1206.201, the (b) of this $ 1206.200, NASA shall, upon

availability of information or other recrequest for other identifiable records

ords for inspection shall include the opmade in accordance with this part, make

portunity to make or to purchase copies. such records promptly available to any

Subpart 3—Exemptions person, unless they are exempt from disclosure under Subpart 3 of this part, or $ 1206.300 Exemptions. unless they may be purchased from other readily available sources, as pro

Title 5, United States Code, section

552 authorizes exemptions from disclovided in § 1206.201.

sure of information and agency records $ 1206.201 Information and records concerning matters that are: which have been published.

(a) Specifically required by Executive Publication in the FEDERAL REGISTER order to be kept secret in the interest of is a means of making certain informa- the national defense of foreign policy. Included, but not by way of limitation, formation which is customarily privileged are the following:

or is appropriately given to an agency in (1) Matters classified under Executive confidence is applicable regardless of the Order 10501.

presence of the element of commerce or (2) Matters classified or exempted un- finance, e.g., 18 U.S.C. 1905. der other Executive orders now or here- (2) Examples of information protected after issued.

under this exemption are research de(b) Related solely to the internal signs, salary schedules, business sales personnel rules and practices of NASA. statistics, inventories, customer lists, Included, but not limited to, are the fol- scientific or manufacturing processes or lowing:

developments, negotiation positions or (1) Matters of personnel administra- requirements in the case of labor-mantion, including personnel policies, inter- agement mediations, draft audit reports, pretations respecting personnel ques- technical or scientific data or other intions, and all other internal matters of formation submitted in or with an applipersonnel administration.

cation for a research grant or in or with (2) Information related exclusively to a report while research is in progress, as internal administration and manage- well as information customarily subject ment of NASA and which for guid- to the doctor-patient, lawyer-client, ance of agency personnel only, including, lender-borrower, and other such privibut not limited to, guidelines and pro- leges. cedures for NASA investigators or ex- (3) The exemption set forth in this aminers; instructions to NASA negotia- paragraph (d) also covers formulae, detors, including information relating to

signs, drawings, research data and comthe cost or sales price at which NASA is parable information, which are signifioffering to purchase, sell or lease ma- cant not as records but as items of terials, equipment, facilities, services, valuable property. land or other property; and information

(e) Interagency or intraagency memorelating to the circumstances under randums or letters which would not be which NASA will conduct unannounced

available by law to a party other than inspections or audits of regulated trans

an agency in litigation with NASA. For actions to determine compliance with

purposes of this exemption, the term regulatory requirements.

“memorandums or letters” includes doc(c) Specifically exempted from dis

uments, records, reports, and all other closure by statute. Records exempted items of an informational nature. Infrom disclosure under this provision in- cluded, but not by way of limitation, are clude records coming within any statu- the following: tory provision which specifically exempts (1) All internal memoranda which a matter from disclosure, prohibits dis

would not routinely be disclosed to a closure except as authorized by law, pro

party other than a Government agency vides for disclosure only as authorized

through the discovery process in litigaby law, or otherwise protects from dis

tion with NASA or the U.S. Government, closure.

such as internal drafts or memoranda (d) Trade secrets and commercial or

between officials or agencies; opinions, financial information obtained from a interpretations, and evaluations preperson and privileged or confidential. In

pared by staff personnel or consultants cluded, but not by way of limitation, are for the use of NASA; records of the the following:

deliberations of NASA staff groups or (1) Information obtained by the Gov- advisory Committees; staff criteria or ernment through questionnaires, or other guidelines used for auditing or ininquiries, contract proposals, and other spection purposes; and documents or information the disclosure of which information which the agency has rewould either divulge trade secrets, com- ceived or generated before it commercial or financial information of the pletes the process of awarding a conperson submitting such information and tract or issuing an order, decision, or considered by him to be confidential and regulation; agency plans or materials proprietary, or would offend a pledge of that are in process of preparation or deconfidentiality given by the Government velopment and are likely to be revised (such as an agreement not to disclose before being finalized, such as budget experimenter's data), or the unde-stand- proposals, long range plans or studies, Ing upon which the information was sub- drafts of speeches or statements, or legismitted. The protection afforded to in- lative proposals; agency plans (such as

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