[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Rules and Regulations]
[Pages 6949-6954]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2652]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1215

[Notice (12-009)]
RIN 2700-AD72


Tracking and Data Relay Satellite System (TDRSS) Rates for Non-
U.S. Government Customers

AGENCY: National Aeronautics and Space Administration.

ACTION: Direct final rule.

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SUMMARY: This direct final rule makes non-substantive changes to the 
policy governing the Tracking and Data Relay Satellite System (TDRSS) 
services provided to non-U.S. Government users and the reimbursement 
for rendering such services. TDRSS, also known as the Space Network, 
provides command, tracking, data, voice, and video services to the 
International Space Station, NASA's space and Earth science missions, 
and other Federal agencies, including the Department of Defense and the 
National Science Foundation. For a fee, commercial users can also have 
access to TDRSS for tracking and data acquisition purposes. Over the 
last 25 years, TDRSS has delivered pictures, television, scientific, 
and voice data to the scientific community and the general public, 
including data from more than 100 Space Shuttle and International Space 
Station missions and the Hubble Space Telescope. A principal advantage 
of TDRSS is providing communications services, which previously have 
been provided by multiple worldwide ground stations, with much higher 
data rates and lower latency to the user missions.

DATES: This direct final rule is effective April 10, 2012 unless the 
Agency receives significant adverse comments by midnight Eastern 
Standard Time on March 12, 2012.

ADDRESSES: Comments must be identified with ``RIN 2700-AD72'' and may 
be sent to NASA by the following method:
     Federal E-Rulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Please note 
that NASA will post all comments on the Internet without change, 
including any personal information provided.

FOR FURTHER INFORMATION CONTACT: For more information on the Tracking 
and Data Relay Satellite System visit: https://www.spacecomm.nasa.gov/spacecomm/programs/Space_network.cfm. Questions may be directed to Jon 
Walker at (202) 358-2145 or via email at Jon.Z.Walker@nasa.gov.

SUPPLEMENTARY INFORMATION: The regulations pertaining to TDRSS were 
originally published in 1983 and, apart from minor revisions in 1991 
and the revision to the rates in 1997, have not been updated and do not 
reflect current operating procedures for determining how fees are 
charged, billed, or received. In addition to updating the fee 
structure, this rule also removes and replaces obsolete references. 
Finally, this rule responds to recommendations from a NASA IG Audit of 
the TRDSS program. These rule changes will ensure non-U.S. Government 
users of TDRSS properly reimburse NASA for services provided to them 
and share in the costs of system upgrades. The revisions to this rule 
are part of NASA's retrospective plan under EO 13563 completed in 
August 2011. NASA's full plan can be accessed at: http://www.nasa.gov/pdf/581545main_Final%20Plan%20for%20Retrospective%20Analysis%20of%20Existing%20Regulations.pdf.

I. Direct Final Rule and Significant Adverse Comments

    NASA has determined this rulemaking meets the criteria for a direct 
final rule because it involves non-substantive changes dealing with 
NASA's management of TDRSS program. NASA expects no opposition to the 
changes and no significant adverse comments. However, if NASA receives 
a significant adverse comment, the Agency will withdraw this direct 
final rule by publishing a notice in the Federal Register. A 
significant adverse comment is one that explains: (1) Why the direct 
final rule is inappropriate, including challenges to the rule's 
underlying premise or approach; or (2) why the direct final rule will 
be ineffective or unacceptable without a change. In determining whether 
a comment necessitates withdrawal of this direct final rule, NASA will 
consider whether it warrants a

[[Page 6950]]

substantive response in a notice and comment process.

II. Statutory Authority

    TDRSS was established under the National Aeronautics and Space Act 
of 1958. The primary goal of TDRSS is to provide improved tracking and 
data acquisition services capability to spacecraft in low-Earth orbit 
or to mobile terrestrial users such as aircraft or balloons. The 
reimbursement policy to achieve efficient TDRSS usage complies with the 
Office of Management and Budget Circular A-25 on User Charges, which 
requires that a reasonable charge should be made to each identifiable 
recipient for a measurable unit or amount of Government service or 
property from which a special benefit is derived. Additional 
information on A-25 can be found at: http://www.whitehouse.gov/omb/circulars_a025.
    The cost base for TDRSS consists of two elements. The first element 
is the return on investment (ROI) portion which represents the cost of 
the assets necessary to provide communications services. The second 
element is the costs for the ongoing operations and maintenance (O&M) 
of the network which provides the communications services. The return 
on investment portion of the cost base amortizes these investment costs 
over a beneficial accounting period related to the lifetime of the 
assets. Due to the extraordinary longevity of the first generation 
spacecraft and utilization of satellite store onorbit approach for 
spare satellites, the spacecraft and their launch vehicles are 
amortized over a twenty-five year lifetime. For ground segment costs, a 
period of 20 years is utilized. Although the nominal lifetime of 
software systems is usually ten years, the network has a vigorous 
sustaining engineering program which repairs/replaces equipment, 
updates and tests software modifications, conducts major complex 
upgrades, and accomplishes other activities which extend the useful 
lifetime.
    The O&M portion of the cost base are averaged over a five-year 
window (current budget year (BY) plus four) to dampen fluctuations from 
year to year and add stability to the derived reimbursement rates. 
These costs reflect the total funding requirements for the network, not 
just those in NASA's direct budget which may reflect offsetting 
reimbursements anticipated. Due to changes in the Agency approach to 
management and budgeting for institutional portions of the full costs 
of Center operations in 1999, the field Center submissions to the 
program office no longer include these cost elements, which are 
separately managed and budgeted by other Agency organizations. These 
cost elements Center Operations and Maintenance (CO&M), are added to 
the submission data to capture the full costs of service provision. For 
more information visit: http://oig.nasa.gov/audits/reports/FY99/pdfs/ig-99-024.pdf.
    The total cost base is the sum of the ROI and the O&M elements. The 
cost base is inserted into the algorithm along with spacecraft cost 
factor (based on original plans), the link time available (total time 
available), the number of links (high data single access, low rate 
multiple-access forward, and low rate multiple-access return), and 
overall efficiency of the service (varies between services). In terms 
of user charges for the program going forward, the user rates will be 
recalculated on a periodic basis, removing TDRSS spacecraft that are no 
longer operational and updating the five-year average O&M cost 
component as budgets are updated.
    Many sections of Part 1215 (i.e., Sections 1215.100, 1215.101, 
1215.102, 1215.103, 1215.105, 1215.106, 1215.108, 1215.109, 1215.112, 
1215.113, 1215.114, and 1215.115) are being updated and rewritten, 
mainly due to the passage of time. Outdated terms and missions have 
been updated or removed, additional system capabilities have been added 
and are now described, and new Web site references are being added to 
keep information current (without requiring constant updates to the 
CFR). A section-by-section description of the changes is provided in 
paragraph III below. Appendices A and B are being deleted from the CFR. 
Appendix A was the Estimated Service Rates in 1997 Dollars for TDRSS 
Standard Services which are very much out of date. The current Fiscal 
Year rates will instead be placed on the Space Communications and 
Navigation Program (SCaN) Web site and updated periodically. This was 
done to enable easier public access to the information and to keep the 
information current. The need to frequently update the CFR as Service 
Rates change is thus obviated. Appendix B was an obsolete list of 
Factors Affecting Standard Charges. These factors were initially 
thought to reward customer flexibility, allowing more efficient use of 
the system. This notion was never implemented in the Service Accounting 
System and determined to be more expensive to include than the 
difference in revenue would cover. The Service Accounting System is the 
offline NASA system that keeps track of individual mission schedule 
requests and actual use provided. Thus, Appendix B, containing usage 
factors never implemented in the system, was deleted.

III. Regulatory Background

    TDRSS is a network of U.S. communication satellites and ground 
stations used by NASA for space communications near the Earth. The 
system was designed to replace an existing network of ground stations 
that had supported all of NASA's spaceflight missions. The primary 
design goal was to increase the time spacecraft were in communication 
with the ground and improve the amount of data that could be 
transferred. The system is capable of transmitting to and receiving 
data from spacecraft over at least 85 percent of the spacecraft's 
orbit. For a fee, this system is also accessible to university 
satellite programs, small commercial Earth-imaging programs, and other 
commercial customers, as well as Arctic and Antarctic science programs. 
In this direct final rule, NASA is documenting the present way of doing 
business and removing the actual rate from the rule and direct the 
users to a location on a public NASA Web site where the updated rates 
can be found.
    Since the rates could change annually, NASA desires the flexibility 
not to amend the CFR each time the rates change. Current rate 
information can be accessed at: https://www.spacecomm.nasa.gov/spacecomm/programs/Space_network.cfm. Scroll down to and click on the 
first item under Related Information for the Space Network Reimbursable 
Rates for the current fiscal year. This rule also amends the CFR by 
updating certain sections, conforming them to the program's current 
operation.

IV. Section-by-Section Analysis

1215.100 General

    A redundant sentence was taken out of the explanation of why TDRSS 
was formed.

1215.101 Scope

    Outdated references to missions that are no longer operational were 
taken out. References to the Spacelab and Space Shuttle were removed. 
NASA organizational changes are also reflected. The TDRSS program now 
resides with the SCaN.

1215.102 Definitions

    TDRSS has an additional ground terminal called the Guam Remote 
Ground Terminal (GRGT). Flexible support and constrained support are 
outdated terms and have been removed. As stated earlier, these factors 
were initially thought to reward customer

[[Page 6951]]

flexibility, allowing more efficient use of the system. This notion was 
never implemented in the Service Accounting System and was determined 
to be more expensive to include than the difference in revenue would 
cover. Thus, these terms were deleted.

1215.103 Services

    Outdated terms and location references were taken out. Emergency 
line outage recording in the event of a communications failure between 
the White Sands Complex (WSC), Goddard Space Flight Center (GSFC), and 
Johnson Space Center (JSC); a weekly user spacecraft orbit 
determination in NASA standard orbital elements as determined by NASA 
for TDRSS target acquisition purposes; delivery of user data at the 
NASA Ground Terminal (NGT) located at WSC; and access to tracking data 
to enable users to perform orbit determination at their option were all 
removed. They are either services applicable to all customers as a part 
of TDRSS (line outage recording, access to tracking data), services not 
performed by TDRSS (user spacecraft orbit determination), or services 
to facilities no longer in existence (NGT) due to TDRSS upgrades. A 
detailed description of the services of TDRSS can be found in the Space 
Network User Guide (SNUG). The SNUG is available at: http://esc.gsfc.nasa.gov/assets/files/SN_UserGuide.pdf, and is useful to new 
customers who would like more detail about TDRSS. NASA customer 
commitment personnel work with new customers to understand what 
services TDRSS can provide and help them to select the necessary and 
appropriate services they may require.

1215.104 Apportionment and Assignment of Services

    No change.

1215.105 Delivery of User Data

    Outdated terms and location references were taken out. The NGT, as 
stated earlier, is a facility no longer in existence due to TDRSS 
upgrades. The NASA Communications Network (NASCOM) has been renamed the 
NASA Integrated Services Network (NISN). The NISN links data between 
NASA facilities and customers via commercial fiber optic cables and/or 
commercial communications satellites. In the event one of these 
circuits were to fail, TDRSS provides line outage recording to capture 
user data and forward it to customers once the circuits are repaired.

1215.106 User Command and Tracking Data

    References to the GRGT were added. This NASA ground asset is a 
system upgrade and was added (since the last CFR update) to provide 
additional capacity and coverage of TDRSS. The Flight Dynamics Facility 
(FDF), now part of SCaN, provides orbit determination services. 
References to the Space Shuttle and Johnson Space Center were removed, 
both because the Shuttle program has ended and because the Space 
Shuttle was not a commercial, non-governmental TDRSS user. Again, the 
reference to the obsolete NGT was also removed.

1215.107 User Data Security and Frequency Authorizations

    No change.

1215.108 Defining User Service Requirements

    Requirements were updated to reflect the current process. The 
Networks Integration Management Office (NIMO) is the office for 
defining user requirements. Addresses were updated to reflect new 
locations and current organizations.

1215.109 Scheduling User Service

    Outdated mission and location references were removed. The Network 
Control Center in Maryland was moved to New Mexico and renamed. The 
Space Shuttle program has ended. The CFR update reflects both these 
changes. Services that are no longer available from TDRSS were removed. 
Additional information can be found in Appendix A of this section of 
the CFR which shows a Typical New User Activity Timeline and the SNUG, 
which was described in Section 1215.103.

1215.110 User Cancellation of All Services

    No change.

1215.111 User Postponement of Service

    Organizational codes and locations were updated to reflect the 
current NASA organization.

1215.112 User/NASA Contractual Arrangement

    NASA Policy Directive 1050.1I, Authority to Enter into Space Act 
Agreements (SAA), indicates that a SAA must be signed in order for 
reimbursable services to be rendered. This document is available at: 
http://nodis3.gsfc.nasa.gov/displayDir.cfm?t=NPD&c=1050&s=1I.

1215.113 User Charges

    Number of hours before start of service changed (increased from 12 
to 72 hours) to provide more lead time for the TDRSS schedulers to 
rearrange or add other missions' services times. This is to provide as 
much usable service to other customers as possible, since last-minute 
services cancellations are usually not useful to other customers due to 
their long mission planning times.

1215.114 Service Rates

    Service rates were removed and placed on the SCaN Web site: https://www.spacecomm.nasa.gov/spacecomm/programs/Space_network.cfm for 
easier public access to the information. Scroll down and click on the 
first item under Related Information for the Space Network Reimbursable 
Rates for the current fiscal year.

1215.115 Payment and Billing

    SCaN has updated and simplified user method of payment to reflect 
current practice. The notion of two service periods was not used, and 
thus removed. Mission-unique services did not have to be called out 
separately and was removed. All service payments are billed and payable 
as described in this section.

Appendix A

    Appendix A contained the 1997 service rates which are obsolete and 
were removed. The current rates were placed on the SCaN Web site: 
https://www.spacecomm.nasa.gov/spacecomm/programs/Space_network.cfm 
for easier public access to the information. Scroll down and click on 
the first item under Related Information for the Space Network 
Reimbursable Rates for the current fiscal year.

Appendix B

    Appendix B contained an obsolete list of Factors Affecting Standard 
Charges. These factors were initially thought to reward customer 
flexibility, allowing more efficient use of the system. This notion was 
never implemented in the Service Accounting System and determined to be 
more expensive to include than the difference in revenue would cover. 
Thus, Appendix B, containing usage factors never implemented in the 
system, was deleted.

Appendix C

    This Appendix was updated and renamed Appendix A, to reflect the 
changes in Sec.  1215.115, 1215.107, 1215.109, and 1215.113.

[[Page 6952]]

IV. Regulatory Analysis

A. Executive Order 12866--Regulatory Planning and Review

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
This final rule has been designated a ``significant regulatory 
action,'' although not economically significant, under section 3(f) of 
Executive Order 12866. Accordingly, the rule has been reviewed by the 
Office of Management and Budget.

B. Regulatory Flexibility Act

    It has been certified that this final rule is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. The rule implements the internal procedures for the 
effective administration of TDRSS.

C. Paperwork Reduction Act Statement

    This final rule does contain an information collection requirement 
subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

List of Subjects in 14 CFR Part 1215

    TDRSS, Space communications, Satellites.

    Therefore, NASA amends 14 CFR part 1215 as follows:

PART 1215--TRACKING AND DATA RELAY SATELLITE SYSTEM (TDRSS)

0
1. The authority citation for part 1215 is revised to read as follows:


    Authority:  Sec. 203, Pub. L. 85-568, 72 Stat. 429, as amended; 
42 U.S.C. 2473.


0
2. Section 1215.100 is revised to read as follows:


Sec.  1215.100  General.

    TDRSS represents a major investment by the U.S. Government with the 
primary goal of providing improved tracking and data acquisition 
services to spacecraft in low-Earth orbit or to mobile terrestrial 
users such as aircraft or balloons. It is the objective of NASA to 
operate as efficiently as possible with TDRSS, is to the mutual benefit 
of all users. Such user consideration will permit NASA and non-NASA 
service to be delivered without compromising the mission objectives of 
any individual user. The reimbursement policy is designed to comply 
with the Office of Management and Budget Circular A-25 on User Charges, 
dated September 23, 1959, as updated, which requires that a reasonable 
charge should be made to each identifiable recipient for a measurable 
unit or amount of Government service or property from which a special 
benefit is derived.

0
3. Section 1215.101 is revised to read as follows:


Sec.  1215.101  Scope.

    This subpart sets forth the policy governing TDRSS services 
provided to non-U.S. Government users and the reimbursement for 
rendering such services. Cooperative missions are not under the purview 
of this subpart. The arrangements for TDRSS services for cooperative 
missions will be covered in an agreement, as a consequence of 
negotiations between NASA and the other concerned party. Any agreement 
which includes provision for any TDRSS service will require signatory 
concurrence by the Deputy Associate Administrator for SCaN prior to 
dedicating SCaN resources for support of a cooperative mission.

0
4. Section 1215.102 is revised to read as follows:


Sec.  1215.102  Definitions.

    (a) User. Any non-U.S. Government representative or entity that 
enters into an agreement with NASA to use TDRSS services.
    (b) TDRSS. TDRSS, including Tracking and Data Relay Satellites 
(TDRS), WSC, GRGT, and the necessary TDRSS operational areas, interface 
devices, and NASA communication circuits that unify the above into a 
functioning system. It specifically excludes the user ground system/
TDRSS interface.
    (c) Bit stream. The electronic signals acquired by TDRSS from the 
user craft or the user-generated input commands for transmission to the 
user craft.
    (d) Scheduling service period. One scheduled contact utilizing a 
single TDRS, whereby the user, by requesting service, is allotted a 
block of time for operations between the user satellite and TDRSS.

0
5. Section 1215.103 is revised to read as follows:


Sec.  1215.103  Services.

    (a) Standard services. These are services which TDRSS is capable of 
providing to low-Earth orbital user spacecraft or other terrestrial 
users. Data are delivered to WSC or GRGT. A detailed description of 
services is provided in the GSFC Space Network Users' Guide, 450-SNUG. 
Contact the Chief, Networks Integration Management Office, at the 
address in Section 1215.108(d) to obtain a copy of the SNUG.
    (1) Tracking service.
    (2) Data acquisition service.
    (3) Command transmission service.
    (b) Required Support Services. These are support activities that 
are required to obtain TDRSS services.
    (1) Prelaunch support planning, analysis, and documentation.
    (2) Compatibility testing.
    (3) Prelaunch support for data-flow testing and related activities.
    (4) User services scheduling.
    (c) Mission-unique services. Other tracking and data services 
desired by the user that are beyond the standard and required support 
services defined above. The associated charges for these services will 
be identified and assessed on a case-by-case basis.

0
6. Section 1215.105 is revised to read as follows:


Sec.  1215.105  Delivery of user data.

    (a) As a standard service, NASA will provide to the user its data 
from TDRSS in the form of one or more digital or analog bit streams 
synchronized to associated clock streams at WSC or GRGT.
    (b) User data-handling requirements beyond WSC or GRGT interface 
will be provided as a standard service to the user, to the extent that 
the requirements do not exceed NASA's planned standard communications 
system. Any additional data transport or handling requirements 
exceeding NASA's capability will be dealt with as a mission-unique 
service.
    (c) No storage of the user data is provided in the standard 
service. NASA will provide short-term temporary recording of data at 
WSC in the event of a NASA Integrated Services Network (NISN) link 
outage.
    (d) NASA will provide TDRSS services on a ``reasonable efforts'' 
basis, and, accordingly, will not be liable for damages of any kind to 
the user or third parties for any reason, including, but not limited 
to, failure to provide agreed-to services. The price for TDRSS services 
does not include a contingency or premium for any potential damages. 
The user will assume any risk of damages or obtain insurance to protect 
against any risk.

0
7. Section 1215.106 is revised to read as follows:

[[Page 6953]]

Sec.  1215.106  User command and tracking data.

    (a) User command data shall enter TDRSS via the NISN interface at 
WSC or GRGT.
    (b) NASA is required to have knowledge of the user satellite 
orbital elements to sufficient accuracy to permit TDRSS to establish 
and maintain acquisition. This can be accomplished in two ways:
    (1) The user can provide the orbital elements in a NASA format to 
meet TDRSS operational requirements.
    (2) The user shall ensure that a sufficient quantity of tracking 
data is received to permit the determination of the user satellite 
orbital elements. The Flight Dynamics Facility (FDF) at GSFC will 
provide the orbit determination service to these users. The charges for 
this service will be negotiated between the FDF and the user and will 
be dependent on user requirements.

0
8. Section 1215.108 is revised to read as follows:


Sec.  1215.108  Defining user service requirements.

    Potential users should become familiar with TDRSS capabilities and 
constraints, which are detailed in the SNUG, as early as possible. This 
action allows the user to evaluate the trade-offs available among 
various TDRSS services, spacecraft design, operations planning, and 
other significant mission parameters. It is recommended that potential 
users contact the NIMO as early as possible for assistance in 
performing the trade studies. When these evaluations have been 
completed, and the user desires to use TDRSS, the user should initiate 
a request for TDRSS service.
    (a) Initial requests for TDRSS service from non-U.S. Government 
users shall be addressed to SCaN at NASA Headquarters, as follows: 
Deputy Associate Administrator: Space Communications and Navigation 
Division, National Aeronautics and Space Administration, Washington, DC 
20546.
    (b) Upon review and acceptance of the service request, preliminary 
analyses shall be performed to determine the feasibility of meeting the 
proposed requirements.
    (c) If the request is determined to be feasible, the user and SCaN 
shall negotiate an agreement for provision of the requested services. 
Acceptance of user requests for TDRSS service is the sole prerogative 
of NASA.
    (d) Upon approval of the agreement by both parties, GSFC will be 
assigned to produce the detailed requirements, plans, and documentation 
necessary for support of the mission. Changes to user requirements 
shall be made as far in advance as possible and shall be submitted, in 
writing, to both SCaN at NASA Headquarters (see Section 108, paragraph 
(a) for mailing address) and GSFC, as follows: Chief: Networks 
Integration Management Office, Code 450.1, NASA Goddard Space Flight 
Center, M/S 450.1, 8800 Greenbelt Road Greenbelt, MD 20771.

0
9. Section 1215.109 is revised to read as follows:


Sec.  1215.109  Scheduling user service.

    (a) User service shall be scheduled only by NASA. TDRSS services 
will be provided in accordance with operational priorities established 
by the NASA Administrator or his/her designee. See Appendix A for a 
description of a typical user activity timeline.
    (b) Schedule conflict will be resolved in general by application of 
principles of priority to user service requirements. Services shall be 
provided either as normally scheduled service or as emergency service. 
Priorities will be different for emergency service than for normal 
services.
    (1) Normally scheduled service is service which is planned and 
ordered under normal operational conditions and is subject to schedule 
conflict resolution under normal service priorities. Requests for 
normally scheduled service must be received by the schedulers at the 
GSFC WSC Data Services Management Center (DSMC) no later than 21 days 
prior to the requested support time.
    (2) At times, emergency service requirements will override normal 
schedule priority. Under emergency service conditions, disruptions to 
scheduled service will occur.
    (3) The DSMC reserves the sole right to schedule, reschedule, or 
cancel TDRSS service.
    (4) NASA schedulers will exercise judgment and endeavor to see that 
lower-priority users are not excluded from a substantial portion of 
their contracted-for service due to the requirements of higher-priority 
users.
    (c) General user service requirements, which will be used for 
preliminary planning and mission modeling, should include all pertinent 
information necessary for NASA to determine if the proposed service is 
achievable. Contact NIMO to discuss usage and requirements.
    (d) Such user service requirements information typically includes:
    (1) Date of service initiation.
    (2) The type of TDRSS services desired (e.g., multiple access, 
tracking, etc.), and the frequency and duration of each service.
    (3) Orbit or trajectory parameters and tracking data requirements.
    (4) Spacecraft events significant to tracking, telemetry or command 
requirements.
    (5) Communications systems specifics, including location of 
antennas and other related information dealing with user tracking, 
command, and data systems.
    (6) Special test requirements, data flows, and simulations, etc.
    (7) Identification of terrestrial data transport requirements, 
interface points, and delivery locations, including latency and line 
loss recovery.
    (e) To provide for effective planning, reference Appendix A, 
Typical New User Activity Timeline.

0
10. Section 1215.112 is revised to read as follows:


Sec.  1215.112  User/NASA contractual arrangement.

    No service shall be provided without an approved agreement.

0
11. Section 1215.113 is revised to read as follows:


Sec.  1215.113  User charges.

    (a) The user shall reimburse NASA the sum of the charges for 
standard and mission-unique services. Charges will be based on the 
service rates applicable at the time of service.
    (b) For standard services, the user shall be charged only for 
services rendered, except that if a total cancellation of service 
occurs, the user shall be charged in accordance with the provisions of 
Sec.  1215.110.
    (1) Standard services which are scheduled, and then cancelled by 
the user less than 72 hours prior to the start of that scheduled 
service period, will be charged as if the scheduled service actually 
occurred.
    (2) The time scheduled by the user project shall include the slew 
time, set up and/or configuration time, TDRSS contact time, and all 
other conditions for which TDRSS services were allocated to the user.
    (3) Charges will be accumulated by the minute, based on the 
computerized schedule/configuration messages which physically set up 
TDRSS equipment at the start of a support period and free the equipment 
for other users at the end of a support period.
    (c) The user shall reimburse NASA for the costs of any mission-
unique services provided by NASA.

0
12. Section 1215.114 is revised to read as follows:

[[Page 6954]]

Sec.  1215.114  Service rates.

    (a) Rates for TDRSS services will be established by the DAA for 
SCaN.
    (b) Per-minute rates will reflect TDRSS total return on investment 
and operational and maintenance costs.
    (c) The rate per minute by service and type of user is available on 
the following Web site: https://www.spacecomm.nasa.gov/spacecomm/programs/Space_network.cfm.
    (d) The per-minute charge for TDRSS service is computed by 
multiplying the charge per minute for the appropriate service by the 
number of minutes utilized.
0
13. Section 1215.115 is revised to read as follows:


Sec.  1215.115  Payment and billing.

    (a) The procedure for billing and payment of standard TDRSS 
services is as follows:
    (1) NASA shall be reimbursed by customers in connection with the 
use of Government property and services provided under an approved 
reimbursable agreement. Advance payment for services is required. 
Advance payments shall be scheduled to keep pace with the rate at which 
NASA anticipates incurring costs. NASA will provide a Customer Budget/
Estimate (CBE) for services rendered nominally 60-90 days in advance, 
or as otherwise agreed, of the first anticipated property use or 
required service date for each mission. The full cost of the mission 
shall be paid by the customer not later than 30 days prior to the first 
anticipated property use or required service date.
    (2) In some cases, an advance partial payment will be required 
six--nine months prior to the first anticipated property use or 
required service date in order for advance planning work and/or travel 
to take place. The amount of this partial payment and its receipt shall 
be negotiated on an as-needed basis. Adjustments to the amounts prepaid 
will be made to the succeeding billings as the actual services are 
rendered.
    (3) If the customer fails to make payment by the payment due date, 
NASA may terminate the agreement and any subagreements for breach of 
agreement after notice to the customer is given of this breach and 
failure to cure such breach within a time period established by NASA.
    (b) Late payments by the user will require the user to pay a late 
payment charge.

0
14. Appendix A is revised to read as follows:

Appendix A to Part 1215--Estimated Service Rates in 1997 Dollars for 
TDRSS Standard Services (Based on NASA Escalation Estimate)

    Time: Project conceptualization (at least two years before 
launch; Ref. Sec.  1215.108(a)).
    Activity: Submit request for access to TDRSS. Upon preliminary 
acceptance of the service requirements by NASA Headquarters, 
communications for the reimbursable development of a Space Act 
Agreement (SAA) will begin. Prior to finalization of the Memorandum 
of Agreement (MOA), an estimate for the services will be issued. 
After SAA signature, full funding of the effort must be received 
prior to NASA initiating any activities associated with the effort. 
(Ref. Sec.  1215.115(a)(1)).
    Time: 18 months before launch (Ref. Sec.  1215.109(c).
    Activity: After full funding has been received and distributed 
to the executing NASA entities, submit general user requirements to 
permit preliminary planning. Contact will occur to facilitate the 
integration process for access to TDRSS. If appropriate, initiate 
action with the Federal Communications Commission for license to 
communicate with TDRSS (Ref. Sec.  1215.107(b)).
    Time: 12 months before launch (earlier if possible).
    Activity: Provide detailed requirements for technical definition 
and development of operational and interface control documents. 
(Ref. Sec.  1215.109(d)).
    Time: 3 weeks prior to a Scheduled Support Period (SSP).
    Activity: Submit scheduling request to NASA covering a weekly 
period. Receive schedule from NASA based on principles of priority 
(Ref. Sec.  1215.109(b)). User confirmation of the schedule is 
required.
    Time: Up to 72 hours prior to an SSP.
    Activity: Can cancel an SSP without charge (Ref. Sec.  
1215.113(b)(1)).
    Time: Up to 45 minutes prior to an SPP.
    Activity: Can schedule an SSP if a time slot is available 
without impacting another user.
    Time: Up to 10 minutes prior to an SSP.
    Activity: Can schedule an SSP utilizing TDRSS unused time (TUT).

Charles F. Bolden, Jr.,
Administrator.
[FR Doc. 2012-2652 Filed 2-9-12; 8:45 am]
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