§ 70102. — Definitions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC70102]
TITLE 49--TRANSPORTATION
SUBTITLE IX--COMMERCIAL SPACE TRANSPORTATION
CHAPTER 701--COMMERCIAL SPACE LAUNCH ACTIVITIES
Sec. 70102. Definitions
In this chapter--
(1) ``citizen of the United States'' means--
(A) an individual who is a citizen of the United States;
(B) an entity organized or existing under the laws of the
United States or a State; or
(C) an entity organized or existing under the laws of a
foreign country if the controlling interest (as defined by the
Secretary of Transportation) is held by an individual or entity
described in subclause (A) or (B) of this clause.
(2) ``executive agency'' has the same meaning given that term in
section 105 of title 5.
(3) ``launch'' means to place or try to place a launch vehicle
or reentry vehicle and any payload from Earth--
(A) in a suborbital trajectory;
(B) in Earth orbit in outer space; or
(C) otherwise in outer space,
including activities involved in the preparation of a launch vehicle
or payload for launch, when those activities take place at a launch
site in the United States.
(4) ``launch property'' means an item built for, or used in, the
launch preparation or launch of a launch vehicle.
(5) ``launch services'' means--
(A) activities involved in the preparation of a launch
vehicle and payload for launch; and
(B) the conduct of a launch.
(6) ``launch site'' means the location on Earth from which a
launch takes place (as defined in a license the Secretary issues or
transfers under this chapter) and necessary facilities at that
location.
(7) ``launch vehicle'' means--
(A) a vehicle built to operate in, or place a payload in,
outer space; and
(B) a suborbital rocket.
(8) ``obtrusive space advertising'' means advertising in outer
space that is capable of being recognized by a human being on the
surface of the Earth without the aid of a telescope or other
technological device.
(9) ``payload'' means an object that a person undertakes to
place in outer space by means of a launch vehicle or reentry
vehicle, including components of the vehicle specifically designed
or adapted for that object.
(10) ``person'' means an individual and an entity organized or
existing under the laws of a State or country.
(11) ``reenter'' and ``reentry'' mean to return or attempt to
return, purposefully, a reentry vehicle and its payload, if any,
from Earth orbit or from outer space to Earth.
(12) ``reentry services'' means--
(A) activities involved in the preparation of a reentry
vehicle and its payload, if any, for reentry; and
(B) the conduct of a reentry.
(13) ``reentry site'' means the location on Earth to which a
reentry vehicle is intended to return (as defined in a license the
Secretary issues or transfers under this chapter).
(14) ``reentry vehicle'' means a vehicle designed to return from
Earth orbit or outer space to Earth, or a reusable launch vehicle
designed to return from Earth orbit or outer space to Earth,
substantially intact.
(15) ``State'' means a State of the United States, the District
of Columbia, and a territory or possession of the United States.
(16) ``third party'' means a person except--
(A) the United States Government or the Government's
contractors or subcontractors involved in launch services or
reentry services;
(B) a licensee or transferee under this chapter;
(C) a licensee's or transferee's contractors,
subcontractors, or customers involved in launch services or
reentry services; or
(D) the customer's contractors or subcontractors involved in
launch services or reentry services.
(17) ``United States'' means the States of the United States,
the District of Columbia, and the territories and possessions of the
United States.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1331; Pub. L. 104-
287, Sec. 5(92), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 105-303, title
I, Sec. 102(a)(3), Oct. 28, 1998, 112 Stat. 2846; Pub. L. 106-391, title
III, Sec. 322(a), Oct. 30, 2000, 114 Stat. 1598.)
Historical and Revision Notes
Pub. L. 103-272
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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70102(1).............................. 49 App.:2603(9). Oct. 30, 1984, Pub. L. 98-575, Sec.
4(1)-(9), 98 Stat. 3056.
49 App.:2603(12). Oct. 30, 1984, Pub. L. 98-575, Sec.
4(12), 98 Stat. 3056; Nov. 15, 1988,
Pub. L. 100-657, Sec. 3(2), 102 Stat.
3900.
70102(2)-(9).......................... 49 App.:2603(1)-(8).
70102(10)............................. 49 App.:2603(10). Oct. 30, 1984, Pub. L. 98-575, Sec.
4(10), 98 Stat. 3056; Nov. 15, 1988,
Pub. L. 100-657, Sec. 3(1), 102 Stat.
3900.
70102(11)............................. 49 App.:2603(11). Oct. 30, 1984, Pub. L. 98-575, 98 Stat.
3055, Sec. 4(11); added Nov. 15,
1988, Pub. L. 100-657, Sec. 3(3), 102
Stat. 3900.
70102(12)............................. 49 App.:2603(10).
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In this chapter, the word ``country'' is substituted for ``nation''
for consistency in the revised title and with other titles of the United
States Code.
In clause (1), before subclause (A), the text of 49 App.:2603(9) is
omitted as surplus because the complete name of the Secretary of
Transportation is used the first time the term appears in a section. In
subclauses (B) and (C), the words ``corporation, partnership, joint
venture, association, or other'' are omitted as surplus. In subclause
(C), the words ``in regulations'' and ``in such entity'' are omitted as
surplus.
In clause (4), the words ``propellants, launch vehicles and
components thereof, and other physical'' are omitted as surplus.
In clause (6), the words ``includes all . . . located on a launch
site which are . . . to conduct a launch'' are omitted as surplus.
In clause (9), the words ``corporation, partnership, joint venture,
association, or other'' are omitted as surplus.
Clauses (10) and (12) are substituted for 49 App.:2603(10) to
eliminate unnecessary words.
In clause (11), before subclause (A), the words ``or entity'' are
omitted as surplus. In subclause (A), the words ``its agencies'' are
omitted as surplus.
Pub. L. 104-287
This amends 49:70102(6) to correct an error in the codification
enacted by section 1 of the Act of July 5, 1994 (Public Law 103-272, 108
Stat. 1331).
Amendments
2000--Pars. (8) to (17). Pub. L. 106-391 added par. (8) and
redesignated former pars. (8) to (16) as (9) to (17), respectively.
1998--Par. (3). Pub. L. 105-303, Sec. 102(a)(3)(A), substituted ``or
reentry vehicle and any payload from Earth'' for ``and any payload'' in
introductory provisions and a comma for the period at end of subpar. (C)
and inserted concluding provisions.
Par. (8). Pub. L. 105-303, Sec. 102(a)(3)(B), inserted ``or reentry
vehicle'' after ``means of a launch vehicle''.
Pars. (10) to (13). Pub. L. 105-303, Sec. 102(a)(3)(D), added pars.
(10) to (13). Former pars. (10) to (12) redesignated (14) to (16),
respectively.
Par. (14). Pub. L. 105-303, Sec. 102(a)(3)(C), redesignated par.
(10) as (14).
Par. (15). Pub. L. 105-303, Sec. 102(a)(3)(C), (E), redesignated
par. (11) as (15) and inserted ``or reentry services'' after ``launch
services'' wherever appearing.
Par. (16). Pub. L. 105-303, Sec. 102(a)(3)(C), redesignated par.
(12) as (16).
1996--Par. (6). Pub. L. 104-287 substituted ``facilities at that
location'' for ``facilities''.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-287 effective July 5, 1994, see section
8(1) of Pub. L. 104-287, set out as a note under section 5303 of this
title.
Section Referred to in Other Sections
This section is referred to in section 70104 of this title.
