§ 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, § 1(e), July 5, 1994, 108 Stat. 1333; Pub. L. 105–303, title I, § 102(a)(6), Oct. 28, 1998, 112 Stat. 2848.)

Amendment of Subsection (a)

Pub. L. 105–303, title I, § 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)".

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.

     1998—Subsec. (a). Pub. L. 105–303, § 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, § 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, § 102(a)(6)(E), substituted ", operation, or reentry" for "or operation".

     Subsec. (b)(2)(D). Pub. L. 105–303, § 102(a)(6)(F)–(H), added subpar. (D).

     Subsec. (b)(3). Pub. L. 105–303, § 102(a)(6)(I), inserted ", including the requirement to obtain a license," after "waive a requirement".

     Pub. L. 105–303, title I, § 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)."

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