49 USC 70105: License applications and requirements

49 USC 70105: License applications and requirements Text contains those laws in effect on January 4, 1995

From Title 49-TRANSPORTATIONSUBTITLE IX-COMMERCIAL SPACE TRANSPORTATIONCHAPTER 701-COMMERCIAL SPACE LAUNCH ACTIVITIES

§70105. License applications and requirements

(a) Applications.-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.

(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 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 or operation 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; and

(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.

(3) The Secretary may waive a requirement 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, §1(e), July 5, 1994, 108 Stat. 1333 .)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
70105(a)	49 App.:2606 (1st sentence).	Oct. 30, 1984, Pub. L. 98–575, §§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).

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.

Section Referred to in Other Sections

This section is referred to in section 70110 of this title.