49 U.S.C. § 70105 : US Code - Section 70105: License applications and requirements

Search 49 U.S.C. § 70105 : US Code - Section 70105: License applications and requirements

(a) Applications. - (1) A person may apply to the Secretary of
Transportation for a license or transfer of a license under this
chapter in the form and way the Secretary prescribes. Consistent
with the public health and safety, safety of property, and national
security and foreign policy interests of the United States, the
Secretary, not later than 180 days after accepting an application
in accordance with criteria established pursuant to subsection
(b)(2)(D),(!1) shall issue or transfer a license if the Secretary
decides in writing that the applicant complies, and will continue
to comply, with this chapter and regulations prescribed under this
chapter. The Secretary shall inform the applicant of any pending
issue and action required to resolve the issue if the Secretary has
not made a decision not later than 120 days after accepting an
application in accordance with criteria established pursuant to
subsection (b)(2)(D).(!1) The Secretary shall transmit to the
Committee on Science of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a
written notice not later than 30 days after any occurrence when the
Secretary has not taken action on a license application within the
deadline established by this subsection.
(2) In carrying out paragraph (1), the Secretary may establish
procedures for safety approvals of launch vehicles, reentry
vehicles, safety systems, processes, services, or personnel
(including approval procedures for the purpose of protecting the
health and safety of crews and space flight participants, to the
extent permitted by subsections (b) and (c)) that may be used in
conducting licensed commercial space launch or reentry activities.
(b) Requirements. - (1) Except as provided in this subsection,
all requirements of the laws of the United States applicable to the
launch of a launch vehicle or the operation of a launch site or a
reentry site, or the reentry of a reentry vehicle, are requirements
for a license or permit under this chapter.
(2) The Secretary may prescribe -
(A) any term necessary to ensure compliance with this chapter,
including on-site verification that a launch, operation, or
reentry complies with representations stated in the application;
(B) any additional requirement necessary to protect the public
health and safety, safety of property, national security
interests, and foreign policy interests of the United States;
(C) by regulation that a requirement of a law of the United
States not be a requirement for a license or permit if the
Secretary, after consulting with the head of the appropriate
executive agency, decides that the requirement is not necessary
to protect the public health and safety, safety of property, and
national security and foreign policy interests of the United
States;
(D) additional license requirements, for a launch vehicle
carrying a human being for compensation or hire, necessary to
protect the health and safety of crew or space flight
participants, only if such requirements are imposed pursuant to
final regulations issued in accordance with subsection (c); and
(E) regulations establishing criteria for accepting or
rejecting an application for a license or permit under this
chapter within 60 days after receipt of such application.
(3) The Secretary may waive a requirement, including the
requirement to obtain a license, for an individual applicant if the
Secretary decides that the waiver is in the public interest and
will not jeopardize the public health and safety, safety of
property, and national security and foreign policy interests of the
United States. The Secretary may not grant a waiver under this
paragraph that would permit the launch or reentry of a launch
vehicle or a reentry vehicle without a license or permit if a human
being will be on board.
(4) The holder of a license or a permit under this chapter may
launch or reenter crew only if -
(A) the crew has received training and has satisfied medical or
other standards specified in the license or permit in accordance
with regulations promulgated by the Secretary;
(B) the holder of the license or permit has informed any
individual serving as crew in writing, prior to executing any
contract or other arrangement to employ that individual (or, in
the case of an individual already employed as of the date of
enactment of the Commercial Space Launch Amendments Act of 2004,
as early as possible, but in any event prior to any launch in
which the individual will participate as crew), that the United
States Government has not certified the launch vehicle as safe
for carrying crew or space flight participants; and
(C) the holder of the license or permit and crew have complied
with all requirements of the laws of the United States that apply
to crew.
(5) The holder of a license or a permit under this chapter may
launch or reenter a space flight participant only if -
(A) in accordance with regulations promulgated by the
Secretary, the holder of the license or permit has informed the
space flight participant in writing about the risks of the launch
and reentry, including the safety record of the launch or reentry
vehicle type, and the Secretary has informed the space flight
participant in writing of any relevant information related to
risk or probable loss during each phase of flight gathered by the
Secretary in making the determination required by section
70112(a)(2) and (c);
(B) the holder of the license or permit has informed any space
flight participant in writing, prior to receiving any
compensation from that space flight participant or (in the case
of a space flight participant not providing compensation)
otherwise concluding any agreement to fly that space flight
participant, that the United States Government has not certified
the launch vehicle as safe for carrying crew or space flight
participants;
(C) in accordance with regulations promulgated by the
Secretary, the space flight participant has provided written
informed consent to participate in the launch and reentry and
written certification of compliance with any regulations
promulgated under paragraph (6)(A); and
(D) the holder of the license or permit has complied with any
regulations promulgated by the Secretary pursuant to paragraph
(6).
(6)(A) The Secretary may issue regulations requiring space flight
participants to undergo an appropriate physical examination prior
to a launch or reentry under this chapter. This subparagraph shall
cease to be in effect three years after the date of enactment of
the Commercial Space Launch Amendments Act of 2004.
(B) The Secretary may issue additional regulations setting
reasonable requirements for space flight participants, including
medical and training requirements. Such regulations shall not be
effective before the expiration of 3 years after the date of
enactment of the Commercial Space Launch Amendments Act of 2004.
(c) Safety Regulations. - (1) The Secretary may issue regulations
governing the design or operation of a launch vehicle to protect
the health and safety of crew and space flight participants.
(2) Regulations issued under this subsection shall -
(A) describe how such regulations would be applied when the
Secretary is determining whether to issue a license under this
chapter;
(B) apply only to launches in which a vehicle will be carrying
a human being for compensation or hire;
(C) be limited to restricting or prohibiting design features or
operating practices that -
(i) have resulted in a serious or fatal injury (as defined in
49 CFR 830, as in effect on November 10, 2004) to crew or space
flight participants during a licensed or permitted commercial
human space flight; or
(ii) contributed to an unplanned event or series of events
during a licensed or permitted commercial human space flight
that posed a high risk of causing a serious or fatal injury (as
defined in 49 CFR 830, as in effect on November 10, 2004) to
crew or space flight participants; and
(D) be issued with a description of the instance or instances
when the design feature or operating practice being restricted or
prohibited contributed to a result or event described in
subparagraph (C).
(3) Beginning 8 years after the date of enactment of the
Commercial Space Launch Amendments Act of 2004, the Secretary may
propose regulations under this subsection without regard to
paragraph (2)(C) and (D). Any such regulations shall take into
consideration the evolving standards of safety in the commercial
space flight industry.
(4) Nothing in this subsection shall be construed to limit the
authority of the Secretary to issue requirements or regulations to
protect the public health and safety, safety of property, national
security interests, and foreign policy interests of the United
States.
(d) Procedures and Timetables. - The Secretary shall establish
procedures and timetables that expedite review of a license or
permit application and reduce the regulatory burden for an
applicant.