§ 70105. — License applications and requirements.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC70105]
TITLE 49--TRANSPORTATION
SUBTITLE IX--COMMERCIAL SPACE TRANSPORTATION
CHAPTER 701--COMMERCIAL SPACE LAUNCH ACTIVITIES
Sec. 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 receiving an application, 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 receiving an
application. 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 a license is not issued 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 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
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) an 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 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; and
(D) regulations establishing criteria for accepting or rejecting
an application for a license 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.
(c) Procedures and Timetables.--The Secretary shall establish
procedures and timetables that expedite review of a license application
and reduce the regulatory burden for an applicant.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1333; Pub. L. 105-
303, title I, Sec. 102(a)(6), Oct. 28, 1998, 112 Stat. 2848.)
Amendment of Subsection (a)
Pub. L. 105-303, title I, Sec. 102(a)(6)(B), (c), Oct. 28, 1998,
112 Stat. 2848, 2851, provided that, effective upon the effective
date of final regulations issued pursuant to subsection (b)(2)(D) of
this section, subsection (a) of this section is amended by striking
``receiving an application'' both places it appears and inserting
``accepting an application in accordance with criteria established
pursuant to subsection (b)(2)(D)''.
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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70105(a).............................. 49 App.:2606 (1st sentence). Oct. 30, 1984, Pub. L. 98-575, Secs. 7
(1st sentence), 8, 9(a), (b), 98 Stat.
3058.
49 App.:2608(a) (1st sentence),
(b) (1st, 3d, last sentences).
70105(b)(1)........................... 49 App.:2607(a)(1).
70105(b) (2)(A)....................... 49 App.:2608(b) (2d sentence).
70105(b) (2)(B)....................... 49 App.:2607(b).
70105(b) (2)(C)....................... 49 App.:2607(a)(2).
70105(b)(3)........................... 49 App.:2607(c).
70105(c).............................. 49 App.:2608(a) (last
sentence).
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In subsection (a), the words ``for launching one or more launch
vehicles or for operating one or more launch sites, or both'' in 49
App.:2606 are omitted as surplus.
In subsection (b)(2)(C), the words ``that would otherwise apply to
the launch of a launch vehicle or the operation of a launch site'' are
omitted as surplus. The words ``the head of'' are added for consistency
in the revised title and with other titles of the United States Code.
Amendments
1998--Subsec. (a). Pub. L. 105-303, Sec. 102(a)(6)(A), (C),
designated existing provisions as par. (1), inserted ``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 a license is not issued within the deadline
established by this subsection.'' at end of par. (1), and added par.
(2).
Subsec. (b)(1). Pub. L. 105-303, Sec. 102(a)(6)(D), inserted ``or a
reentry site, or the reentry of a reentry vehicle,'' after ``operation
of a launch site''.
Subsec. (b)(2)(A). Pub. L. 105-303, Sec. 102(a)(6)(E), substituted
``, operation, or reentry'' for ``or operation''.
Subsec. (b)(2)(D). Pub. L. 105-303, Sec. 102(a)(6)(F)-(H), added
subpar. (D).
Subsec. (b)(3). Pub. L. 105-303, Sec. 102(a)(6)(I), inserted ``,
including the requirement to obtain a license,'' after ``waive a
requirement''.
Effective Date of 1998 Amendment
Pub. L. 105-303, title I, Sec. 102(c), Oct. 28, 1998, 112 Stat.
2851, provided that: ``The amendments made by subsection (a)(6)(B)
[amending this section] shall take effect upon the effective date of
final regulations issued pursuant to section 70105(b)(2)(D) of title 49,
United States Code, as added by subsection (a)(6)(H).''
Section Referred to in Other Sections
This section is referred to in section 70110 of this title.
