51 U.S.C. § 50908: Effective periods, and…

Summary

Sets how long a license lasts and when the Secretary of Transportation can change, suspend, or cancel it. The Secretary must set the license period. The Secretary can change a license on their own or if the license holder asks, as long as the change follows the law. If a new regulation under section 50905(c) comes after a license is issued, the Secretary must change the license to match that rule (this does not apply to permits). The Secretary can suspend or cancel a license for serious rule-breaking or to protect public health, safety, property, or U.S. national security or foreign policy. The Secretary may also suspend a license after a launch or reentry caused a serious or fatal injury (as defined in 49 CFR 830, as of Nov 10, 2004) if more harm is likely. Such suspensions must be as short as possible and stop when the Secretary finds the operator fixed the problem or the license is changed to reduce risk. Changes, suspensions, or cancellations take effect right away unless the Secretary says otherwise and remain in effect during any review under section 50912. The Secretary must notify the licensee in writing of any decision or action.

Title 51, §50908

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(a)Effective Periods of Licenses.—

The Secretary of Transportation shall specify the period for which a license issued or transferred under this chapter is in effect.

(b)Modifications.—

(1)On the initiative of the Secretary or on application of the licensee, the Secretary may modify a license issued or transferred under this chapter if the Secretary decides the modification will comply with this chapter.

(2)The Secretary shall modify a license issued or transferred under this chapter whenever a modification is needed for the license to be in conformity with a regulation that was issued pursuant to section 50905(c) after the issuance of the license. This paragraph shall not apply to permits.

(c)Suspensions and Revocations.—

The Secretary may suspend or revoke a license if the Secretary decides that—

(1)the licensee has not complied substantially with a requirement of this chapter or a regulation prescribed under this chapter; or

(2)the suspension or revocation is necessary to protect the public health and safety, the safety of property, or a national security or foreign policy interest of the United States.

(d)Additional Suspensions.—

(1)The Secretary may suspend a license when a previous launch or reentry under the license has resulted in a serious or fatal injury (as defined in 49 CFR 830, as in effect on November 10, 2004) to any human being and the Secretary has determined that continued operations under the license are likely to cause additional serious or fatal injury (as defined in 49 CFR 830, as in effect on November 10, 2004) to any human being.

(2)Any suspension imposed under this subsection shall be for as brief a period as possible and, in any event, shall cease when the Secretary—

(A)has determined that the licensee has taken sufficient steps to reduce the likelihood of a recurrence of the serious or fatal injury; or

(B)has modified the license pursuant to subsection (b) to sufficiently reduce the likelihood of a recurrence of the serious or fatal injury.

(3)This subsection shall not apply to permits.

(e)Effective Periods of Modifications, Suspensions, and Revocations.—

Unless the Secretary specifies otherwise, a modification, suspension, or revocation under this section takes effect immediately and remains in effect during a review under section 50912 of this title.

(f)Notification.—

The Secretary shall notify the licensee in writing of the decision of the Secretary under this section and any action the Secretary takes or proposes to take based on the decision.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 70107(a)49 App.:2606 (last sentence).Oct. 30, 1984, Pub. L. 98–575, §§ 7 (last sentence), 10, 98 Stat. 3058, 3059. 70107(b)49 App.:2609(b). 70107(c)49 App.:2609(a). 70107(d)49 App.:2609(c). 70107(e)49 App.:2609(d). In subsection (a), the words “of time” and “in accordance with

Regulations

issued under this chapter” are omitted as surplus. In subsection (b), the words “the requirements of” are omitted as surplus. In subsection (e), the words “Whenever the Secretary takes any action” are omitted as surplus.

Editorial Notes

Amendments

2015—Subsec. (d)(1). Pub. L. 114–90 substituted “to any human being” for “to crew or space flight participants” in two places. 2010—Pub. L. 111–314, § 4(d)(2), (3)(H), successively renumbered section 70107 of title 49 and section 70107 of this title as this section. Subsec. (b)(2). Pub. L. 111–314, § 4(d)(5)(J), substituted “section 50905(c)” for “section 70105(c)”. Subsec. (e). Pub. L. 111–314, § 4(d)(5)(K), substituted “section 50912” for “section 70110”. 2004—Subsec. (b). Pub. L. 108–492, § 2(c)(18), designated existing text as par. (1) and added par. (2). Subsecs. (d) to (f). Pub. L. 108–492, § 2(c)(19), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.

§50908 Effective Periods, and Modifications, Suspensions, and Revocations, of Licenses