§50922 — Title 51 National and Commercial Space Programs | U.S. Code

Summary

The Secretary of Transportation must write rules soon after this law was passed. Within 9 months the Secretary must set rules for launch activities, including rules on insurance for possible third-party damage, how to apply for launch licenses, operator licenses, launch-site operator licenses, and how government indemnification will work. Within 6 months the Secretary must publish a proposed rule for reentry licensing, reentry operator licenses, and reentry-site operator licenses. For the Commercial Space Launch Amendments Act of 2004, the Secretary must publish proposed rules within 12 months and final rules within 18 months. Three years after that Act, the Secretary may change the definition of “suborbital rocket,” but any change cannot take effect until 180 days after it is sent to Congress and only if the Secretary finds the current definition no longer fits appropriate vehicles. Licenses or permits for launches or reentries that carry people can be issued before those final rules are finished. The Secretary must also issue guidance right away to help apply the 2004 Act until the rules are ready. However, no such licenses or permits with people on board may be issued starting three years after the 2004 Act unless the final rules required above have been issued.

Title 51, §50922

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

(a)The Secretary of Transportation, within 9 months after the date of the enactment of this section, shall issue regulations to carry out this chapter that include—

(1)guidelines for industry and State governments to obtain sufficient insurance coverage for potential damages to third parties;

(2)procedures for requesting and obtaining licenses to launch a commercial launch vehicle;

(3)procedures for requesting and obtaining operator licenses for launch;

(4)procedures for requesting and obtaining launch site operator licenses; and

(5)procedures for the application of government indemnification.

(b)The Secretary of Transportation, within 6 months after the date of the enactment of this section, shall issue a notice of proposed rulemaking to carry out this chapter that includes—

(1)procedures for requesting and obtaining licenses to reenter a reentry vehicle;

(2)procedures for requesting and obtaining operator licenses for reentry; and

(3)procedures for requesting and obtaining reentry site operator licenses.

(c)(1)Not later than 12 months after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary shall publish proposed regulations to carry out that Act, including regulations relating to crew, space flight participants, and permits for launch or reentry of reusable suborbital rockets. Not later than 18 months after such date of enactment, the Secretary shall issue final regulations.

(2)(A)Starting 3 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary may issue final regulations changing the definition of suborbital rocket under this chapter. No such regulation may take effect until 180 days after the Secretary has submitted the regulation to the Congress.

(B)The Secretary may issue regulations under this paragraph only if the Secretary has determined that the definition in section 50902 does not describe, or will not continue to describe, all appropriate vehicles and only those vehicles. In making that determination, the Secretary shall take into account the evolving nature of the commercial space launch industry.

(d)(1)Licenses for the launch or reentry of launch vehicles or reentry vehicles with human beings on board and permits may be issued by the Secretary prior to the issuance of the regulations described in subsection (c).

(2)As soon as practicable after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Secretary shall issue guidelines or advisory circulars to guide the implementation of that Act until regulations are issued.

(3)Notwithstanding paragraphs (1) and (2), no licenses for the launch or reentry of launch vehicles or reentry vehicles with human beings on board or permits may be issued starting three years after the date of enactment of the Commercial Space Launch Amendments Act of 2004 unless the final regulations described in subsection (c) have been issued.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of the enactment of this section, referred to in subsecs. (a) and (b), is the date of enactment of Pub. L. 105–303, which was approved Oct. 28, 1998. The Commercial Space Launch

Amendments

Act of 2004, referred to in subsecs. (c) and (d), is Pub. L. 108–492, Dec. 23, 2004, 118 Stat. 3974, which was approved Dec. 23, 2004. For complete classification of this Act to the Code, see

Short Title

of 2004 Act note set out under section 10101 of this title and Tables.

Amendments

2010—Pub. L. 111–314, § 4(d)(2), (3)(V), successively renumbered section 70120 of title 49 and section 70120 of this title as this section. Subsec. (c)(2)(B). Pub. L. 111–314, § 4(d)(5)(U), substituted “section 50902” for “section 70102”. 2004—Subsecs. (c), (d). Pub. L. 108–492 added subsecs. (c) and (d).

§50922 Regulations

Summary

Title 51, §50922

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Short Title

Amendments

Citations & Metadata