(2) Recommending, through the Director, Goddard Space Flight Center, any changes in policies, procedures, and plans for the operation of the Data Center deemed appropriate to the effective attainment of project objectives.

(3) Preparing budget estimates for operation of the Data Center.

(4) Establishing fees for the computer and reproduction services performed by the Center.

(5) Compiling, based on information obtained from project management centers, schedules for transmission of reduced data records to the NSSDC by investigators on NASA flight projects and reporting on the progress of the collection of data from investigators.

(6) Preparing guidelines for investigators in preparing data records for the Data Center, and disseminating these guidelines to appropriate individuals and agencies.

(7) Reporting quarterly on the progress and financial status of the Data Center operations.

(8) Assessing adequacy of Data Center facilities and the effectiveness of their utilization; and recommending, through the Director, Goddard Space Flight Center, the necessary actions to meet future facility requirements.

(9) Maintaining, protecting, and retiring NASA records in the custody of the Data Center in accordance with the policies and practices of the NASA Records Management Program and other pertinent management instructions. § 1205.104 Support of research.

The NSSDC will support investigations in space sciences to the extent of making available its scientific data and facilities. However, the NSSDC will not provide financial support for such research. The Office of Space Science and Applications will entertain proposals for space science research based on data available in the NSSDC.

APPENDIX A-FUNCTIONS AND OPERATION OF NATIONAL SPACE SCIENCE DATA CENTER

The National Space Science Data Center (NSSDC) at the Goddard Space Flight Center provides scientific data and facilities in support of investigations in space science.

(a) Data to be acquired. The NSSDC will acquire or accept:

(1) Reduced data records from NASAsponsored space science flight experiments. When more appropriate, the Director of the NSSDC may make other arrangements for the acquisition of data from experiments and/or their archiving and distribution.

(2) Unclassified reduced data records made available from space science flight experiments by other agencies in accordance with interagency agreements.

(3) Correlative and other data requested by investigators as necessary for the utilization of data in the NSSDC.

(4) Data records from foreign space science flight experiments which may be made available by international exchange of data through the World Data Centers or by cooperative agreements.

(5) Those final analyzed data which the Principal Investigator designates as best containing scientific results of his experiment.

(b) Data not to be acquired. (1) Data obtained from operational observations made for specific applications such as weather forecasting, navigation, communications, tracking and telemetry, medical investigations, and technological investigations which contribute only to the development of space flight hardware will not be acquired by the Center.

(2) Because of the problems associated with the prevention of contamination of lunar samples and subsequently samples from other planets, returned samples and associated data will be stored at the Lunar Receiving Laboratory at the Manned Spacecraft Center. However, a description of samples will be furnished the Data Center for announcement.

(3) Original data records (including magnetic tapes, telemetry records, exposed film, and meteorite collection panels) will normally not be acquired by the Center.

(c) Availability of data. Data records in the NSSDC will be available to users on the following basis:

(1) To U.S. residents and organizations upon request.

(2) To foreign nationals in accordance with the procedures of World Data Center A. (3) To foreign nationals on the basis of cooperative agreements between NASA and the space agencies of foreign governments multilateral organizations devoted to space research.

or

(4) To foreign governments on the basis of bilateral intergovernment agreements made by the United States on behalf of NASA.

(d) Preservation of data. Data in the Center will be preserved for the longest practicable time consistent with the physical life of the record. An inspection system will be established for the reproduction or destruction of deteriorating records. In general, records will be reproduced to extend their storage life only if the record of their past utilization justifies such prolongation. Specific categories of data may be reproduced to extend their storage life regardless of past usage in accordance with international or interagency agreements or with the expressed approval of the Office of Space Science and Applications. Whenever a NASA center determines 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 available 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.

In

1206.403

1206.404

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

(g) 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 D1rector 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 if:

(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.

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

Information centers.

Location of information centers.
Documents available for inspection
at NASA information centers.
Duty hours.

Published documents.

Subpart 5-Responsibilities

1206.500 Assistant Administrator for Public Affairs.

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, as 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.

For the purposes of this part, the following definition shall apply:

(a) The term "agency records" or "records" includes all books, papers, microfilm, punched cards, tapes, sound recordings, maps, photographs, slides, movies or other documentary materials, regardless of physical form or characteristics, made or received by NASA in pursuance of Federal law or in connection with the transaction of public business and preserved by NASA as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities or because of the informational value of data contained therein. It does not include objects or articles such as structures, furniture, paintings, sculptures, tangible exhibits or models, vehicles or equipment, or library or museum material made or acquired and preserved solely for reference or exhibition purposes.

(a) In accordance with section 203 (a)(3) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2473(a) (3)), it has been and continues to be NASA policy to provide for the "widest practicable and appropriate dissemination of information concerning its activities and the results thereof."

(b) In compliance with the "Freedom of Information" amendment to the Administrative Procedure Act (5 U.S.C. 552, as amended by Public Law 90-23), a positive and continuing obligation exists for NASA to make available upon request by members of the public to the fullest extent practicable all information and other identifiable agency records under its jurisdiction, as described in Subpart 2 of this part, except to the extent that they may be exempt from

(2) Statements of the general course and method by which NASA's functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;

(3) Rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;

(4) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by NASA;

(5) Each amendment, revision, or repeal of the foregoing.

(b) Agency opinions, orders, statements, and manuals. (1) Unless they are exempt from disclosure under Subpart 3 of this part, or unless they are promtly published and copies offered for sale, NASA will make available the following records for public inspection and copying or purchase:

(i) All final opinions (including concurring and dissenting opinions) and all orders made in the adjudication of cases, where such opinions and orders have a precedential significance, such as opinions of the NASA Board of Contract Appeals.

(ii) Those statements of NASA policy and interpretations which have been adopted by NASA and are not published

in the FEDERAL Register, but which may be relied upon by NASA as precedents.

(iii) Administrative staff manuals (or similar issuances) and instructions to staff that affect a member of the public. This does not apply to materials which do not concern the public, such as manuals or other issuances on property or fiscal accounting, budget administration, vehicle maintenance, personnel administration, and other proprietary functions of NASA.

(2) In connection with all records required to be made available or published under this paragraph (b), identifying details may be deleted to the extent required to prevent a clearly unwarranted invasion of personal privacy. However, in each case the justification for the deletion shall be explained fully in writing. A copy of such justification will be attached to the front of the record and submitted to the member of the public seeking the record from which the deletion was made.

(3) In connection with all records required to be made available or published under this paragraph (b) which are issued, adopted, or promulgated after July 4, 1967, except to the extent they are exempt from disclosure under Subpart 3 of this part, a current index providing identifying information will be maintained and made available for public inspection and copying or purchase.

(4) A final order, opinion, statement of policy, interpretation, or staff manual or instruction that affects a member of the public may be relied upon, used or cited as precedent by NASA against any member of the public only if it has been indexed and either made available or published as provided by this paragraph (b) or if the member of the public has actual and timely notice of the terms thereof.

(c) Other agency records. In addition to the records made available or published under paragraphs (a) and (b) of this § 1206.200, NASA shall, upon request for other identifiable records made in accordance with this part, make such records promptly available to any person, unless they are exempt from disclosure under Subpart 3 of this part, or unless they may be purchased from other readily available sources, as provided in § 1206.201.

§ 1206.201 Information and records which have been published. Publication in the FEDERAL REGISTER is a means of making certain informa

tion and other records available to the public. Various other publications are on sale by the U.S. Superintendent of Documents, the Clearinghouse for Federal Scientific and Technical Information (Department of Commerce), and, in certain cases, by NASA, or by commercial publishers. Information and records which have been made available by publication will not be reproduced at NASA Information Centers, as set forth in § 1206.401, unless they cannot be purchased from readily available sources. § 1206.202 Creation of records.

Records will not be created by compiling selected items from the files at the request of a member of the public, nor will records be created to provide the requestor with such data as ratios, proportions, percentages, frequency distributions, trends, correlations, or comparisons.

§ 1206.203 Records of other agencies.

Where a record is requested which is of concern to an agency other than NASA, and such other agency has a paramount interest in the record requested, the request will be referred to that agency for a decision whether to disclose it, after consultation with any other interested agencies. Where a record requested from NASA is the exclusive concern of another agency, the request will be referred to that other agency and the party who requested it will be notified thereof.

§ 1206.204 Incorporation by reference.

Matter which is reasonably available to the members of the public affected thereby shall be deemed published in the FEDERAL REGISTER (pursuant to the Federal Register Regulation on Incorporation by Reference, 1 CFR Part 20).

§ 1206.205 Availability for copying.

Except as provided in § 1206.201, the availability of information or other records for inspection shall include the opportunity to make or to purchase copies. Subpart 3-Exemptions

Included, but not by way of limitation, are the following:

(1) Matters classified under Executive Order 10501.

(2) Matters classified or exempted under other Executive orders now or hereafter issued.

(b) Related solely to the internal personnel rules and practices of NASA. Included, but not limited to, are the following:

(1) Matters of personnel administration, including personnel policies, interpretations respecting personnel questions, and all other internal matters of personnel administration.

(2) Information related exclusively to internal administration and management of NASA and which are for guidance of agency personnel only, including, but not limited to, guidelines and procedures for NASA investigators or examiners; instructions to NASA negotiators, including information relating to the cost or sales price at which NASA is offering to purchase, sell or lease materials, equipment, facilities, services, land or other property; and information relating to the circumstances under which NASA will conduct unannounced inspections or audits of regulated transactions to determine compliance with regulatory requirements.

(c) Specifically exempted from disclosure by statute. Records exempted from disclosure under this provision include records coming within any statutory provision which specifically exempts a matter from disclosure, prohibits disclosure except as authorized by law, provides for disclosure only as authorized by law, or otherwise protects from disclosure.

(d) Trade secrets and commercial or financial information obtained from a person and privileged or confidential. Included, but not by way of limitation, are the following:

(1) Information obtained by the Government through questionnaires, or other inquiries, contract proposals, and other information the disclosure of which would either divulge trade secrets, commercial or financial information of the person submitting such information and considered by him to be confidential and proprietary, or would offend a pledge of confidentiality given by the Government (such as an agreement not to disclose experimenter's data), or the understanding upon which the information was submitted. The protection afforded to in

formation which is customarily privileged or is appropriately given to an agency in confidence is applicable regardless of the presence of the element of commerce or finance, e.g., 18 U.S.C. 1905.

(2) Examples of information protected under this exemption are research designs, salary schedules, business sales statistics, inventories, customer lists, scientific or manufacturing processes or developments, negotiation positions or requirements in the case of labor-management mediations, draft audit reports, technical or scientific data or other information submitted in or with an application for a research grant or in or with a report while research is in progress, as well as information customarily subject to the doctor-patient, lawyer-client, lender-borrower, and other such privi

leges.

(3) The exemption set forth in this paragraph (d) also covers formulae, designs, drawings, research data and comparable information, which are significant not as records but as items of valuable property.

(e) Interagency or intraagency memorandums or letters which would not be available by law to a party other than an agency in litigation with NASA. For purposes of this exemption, the term "memorandums or letters" includes documents, records, reports, and all other items of an informational nature. Included, but not by way of limitation, are the following:

(1) All internal memoranda which would not routinely be disclosed to a party other than a Government agency through the discovery process in litigation with NASA or the U.S. Government, such as internal drafts or memoranda between officials or agencies; opinions, interpretations, and evaluations prepared by staff personnel or consultants for the use of NASA; records of the deliberations of NASA staff groups or advisory committees; staff criteria or guidelines used for auditing or inspection purposes; and documents or information which the agency has received or generated before it completes the process of awarding a contract or issuing an order, decision, or regulation; agency plans or materials that are in process of preparation or development and are likely to be revised before being finalized, such as budget proposals, long range plans or studies, drafts of speeches or statements, or legislative proposals; agency plans (such as