§50912 — Title 51 National and Commercial Space Programs | U.S. Code

Summary

The Secretary of Transportation must give a formal, recorded hearing before taking certain actions. People covered are applicants for a license or license transfer (50905(a), 50906); owners or operators of a payload if a launch or reentry would be stopped (50904(c)); and license holders when a license is changed, suspended, revoked, or when launches or site operations are banned or stopped (50908(b),(c); 50909(a)). Any final decision can be reviewed by a court under chapter 7 of title 5.

Title 51, §50912

National and Commercial Space Programs — Source: USLM XML via OLRC

(a)The Secretary of Transportation shall provide an opportunity for a hearing on the record to—

(1)an applicant under this chapter, for a decision of the Secretary under section 50905(a) or 50906 of this title to issue or transfer a license with terms or deny the issuance or transfer of a license;

(2)an owner or operator of a payload under this chapter, for a decision of the Secretary under section 50904(c) of this title to prevent the launch or reentry of the payload; and

(3)a licensee under this chapter, for a decision of the Secretary under—

(A)section 50908(b) or (c) of this title to modify, suspend, or revoke a license; or

(B)section 50909(a) of this title to prohibit, suspend, or end a launch or operation of a launch site or reentry site, or reentry of a reentry vehicle, licensed by the Secretary.

(b)A final action of the Secretary under this chapter is subject to judicial review as provided in chapter 7 of title 5.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 70110(a)(1)49 App.:2611(a)(1) (1st sentence).Oct. 30, 1984, Pub. L. 98–575, § 12, 98 Stat. 3060. 70110(a)(2)49 App.:2611(a)(1) (last sentence). 70110(a)(3)49 App.:2611(a)(2). 70110(b)49 App.:2611(b). In subsection (a), before clause (1), the words “The Secretary of Transportation shall provide an opportunity for a hearing on the record to” are substituted for “shall be entitled to a determination on the record after an opportunity for a hearing” for consistency in the revised title. The words “in accordance with section 554 of title 5” are omitted for consistency and because 5:554 applies to a hearing on the record unless otherwise stated. In clause (1), the words “and a proposed transferee of a license” are omitted as being included in “applicant”. In subsection (b), the words “to issue, transfer, deny the issuance or transfer of, suspend, revoke, or modify a license or to terminate, prohibit, or suspend any launch or operation of a launch site licensed by the Secretary or to prevent the launch of a payload” are omitted as surplus.

Editorial Notes

Amendments

2010—Pub. L. 111–314, § 4(d)(2), (3)(L), successively renumbered section 70110 of title 49 and section 70110 of this title as this section. Subsec. (a)(1). Pub. L. 111–314, § 4(d)(5)(M), substituted “section 50905(a) or 50906” for “section 70105(a) or 70105a”. Subsec. (a)(2). Pub. L. 111–314, § 4(d)(5)(N), substituted “section 50904(c)” for “section 70104(c)”. Subsec. (a)(3)(A). Pub. L. 111–314, § 4(d)(5)(O), substituted “section 50908(b) or (c)” for “section 70107(b) or (c)”. Subsec. (a)(3)(B). Pub. L. 111–314, § 4(d)(5)(P), substituted “section 50909(a)” for “section 70108(a)”. 2004—Subsec. (a)(1). Pub. L. 108–492 inserted “or 70105a” after “70105(a)”. 1998—Subsec. (a)(2). Pub. L. 105–303, § 102(a)(10)(A), inserted “or reentry” after “prevent the launch”. Subsec. (a)(3)(B). Pub. L. 105–303, § 102(a)(10)(B), inserted “or reentry site, or reentry of a reentry vehicle,” after “operation of a launch site”

§50912 Administrative hearings and judicial review