§ 50906. Experimental permits

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2004

   Commercial Space Launch Amendments Act of 2004

   Pub. L. 108–492 § 2(c)(16) · 118 Stat. 3974

   Enacted · 51 U.S.C. § 50906

   Added Pub. L. 108–492, § 2(c)(16), Dec. 23, 2004, 118 Stat. 3979, § 70105a of title 49

   Source evidence

   Code source credit
   Added Pub. L. 108–492, § 2(c)(16), Dec. 23, 2004, 118 Stat. 3979, § 70105a of title 49

   Enacted provision · exact public law section
   (16) Chapter 701 of title 49, United States Code, is amended by inserting after section 70105 the following new section: “§ 70105a. Experimental permits “(a) A person may apply to the Secretary of Transportation for an experimental permit under this section in the form and manner the Secretary prescribes. Consistent with the protection of the public health and safety, safety of property, and national security and foreign policy interests of the United States, the Secretary, not later than 120 days after receiving an application pursuant to this section, shall issue a permit 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 90 days after receiving an application. Notice. The Secretary shall transmit to the Committee on Science of the House of Representatives and Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 15 days after any occurrence when the Secretary has failed to act on a permit within the deadline established by this section. “(b) In carrying out subsection (a), 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 commercial space launch or reentry activities pursuant to a permit. “(c) In order to encourage the development of a commercial space flight industry, the Secretary may when issuing permits use the authority granted under section 70105(b)(2)(C). “(d) The Secretary may issue a permit only for reusable suborbital rockets that will be launched or reentered solely for— “(1) research and development to test new design concepts, new equipment, or new operating techniques; “(2) showing compliance with requirements as part of the process for obtaining a license under this chapter; or “(3) crew training prior to obtaining a license for a launch or reentry using the design of the rocket for which the permit would be issued. “(e) Permits issued under this section shall— “(1) authorize an unlimited number of launches and reentries for a particular suborbital rocket design for the uses described in subsection (d); and “(2) specify the type of modifications that may be made to the suborbital rocket without changing the design to an extent that would invalidate the permit. “(f) Permits shall not be transferable. “(g) A permit may not be issued for, and a permit that has already been issued shall cease to be valid for, a particular design for a reusable suborbital rocket after a license has been issued for the launch or reentry of a rocket of that design. “(h) No person may operate a reusable suborbital rocket under a permit for carrying any property or human being for compensation or hire. “(i) For the purposes of sections 70106, 70107, 70108, 70109, 70110, 70112, 70115, 70116, 70117, and 70121 of this chapter— “(1) a permit shall be considered a license; “(2) the holder of a permit shall be considered a licensee; “(3) a vehicle operating under a permit shall be considered to be licensed; and “(4) the issuance of a permit shall be considered licensing. This subsection shall not be construed to allow the transfer of a permit.” .

2. 2010

   Pub. L. 111–314 § 4(d)(2) · 124 Stat. 3328

   Changed · 51 U.S.C. § 50906

   Pub. L. 111–314, § 4(d)(2), (3)(F), successively renumbered section 70105a of title 49 and section 70105a of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 111–314, § 4(d)(2), (3)(F), successively renumbered section 70105a of title 49 and section 70105a of this title as this section.

   Enacted provision · exact public law section
   (2) Renumbering and transfer of chapters.— Chapters 701 and 703 of title 49, United States Code, are renumbered as chapters 509 and 511, respectively, of title 51, United States Code, and 51 USC 70101–70121, 70301–70305. transferred so as to appear after chapter 507 of title 51, United States Code, as enacted by section 3 of this Act.

3. 2010

   Pub. L. 111–314 § 4(d)(5)(G) · 124 Stat. 3328

   Substituted · 51 U.S.C. § 50906(c)

   Pub. L. 111–314, § 4(d)(5)(G), substituted “section 50905(b)(2)(C)” for “section 70105(b)(2)(C)”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 111–314, § 4(d)(5)(G), substituted “section 50905(b)(2)(C)” for “section 70105(b)(2)(C)”.

   Enacted provision · exact public law section
   (G) Section 50906(c) of title 51, United States Code, as renumbered by paragraph (3), is amended by striking “section 70105(b)(2)(C)” and substituting “section 50905(b)(2)(C)”.

4. 2010

   Pub. L. 111–314 § 4(d)(5)(H) · 124 Stat. 3328

   Substituted · 51 U.S.C. § 50906(i)

   Pub. L. 111–314, § 4(d)(5)(H), substituted “sections 50907, 50908, 50909, 50910, 50912, 50914, 50917, 50918, 50919, and 50923” for “sections 70106, 70107, 70108, 70109, 70110, 70112, 70115, 70116, 70117, and 70121” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (i). Pub. L. 111–314, § 4(d)(5)(H), substituted “sections 50907, 50908, 50909, 50910, 50912, 50914, 50917, 50918, 50919, and 50923” for “sections 70106, 70107, 70108, 70109, 70110, 70112, 70115, 70116, 70117, and 70121” in introductory provisions.

   Enacted provision · exact public law section
   (H) Section 50906(i) of title 51, United States Code, as renumbered by paragraph (3), is amended by striking “sections 70106, 70107, 70108, 70109, 70110, 70112, 70115, 70116, 70117, and 70121” and substituting “sections 50907, 50908, 50909, 50910, 50912, 50914, 50917, 50918, 50919, and 50923”.

5. 2015

   Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015

   Pub. L. 114–90 § 104(1)(A) · 129 Stat. 704

   Substituted · 51 U.S.C. § 50906(d)

   Pub. L. 114–90, § 104(1)(A), substituted “or reusable launch vehicles that will be launched into a suborbital trajectory or reentered under that permit” for “that will be launched or reentered” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 114–90, § 104(1)(A), substituted “or reusable launch vehicles that will be launched into a suborbital trajectory or reentered under that permit” for “that will be launched or reentered” in introductory provisions.

   Enacted provision · exact public law section
   (A) in the matter preceding paragraph (1), by striking “that will be launched or reentered” and inserting “or reusable launch vehicles that will be launched into a suborbital trajectory or reentered under that permit”;

6. 2015

   Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015

   Pub. L. 114–90 § 104(1)(B) · 129 Stat. 704

   Amended · 51 U.S.C. § 50906(d)(1)

   Pub. L. 114–90, § 104(1)(B), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “research and development to test new design concepts, new equipment, or new operating techniques;”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 114–90, § 104(1)(B), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “research and development to test new design concepts, new equipment, or new operating techniques;”.

   Enacted provision · exact public law section
   (B) by amending paragraph (1) to read as follows: “(1) research and development to test design concepts, equipment, or operating techniques;” ; and

7. 2015

   Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015

   Pub. L. 114–90 § 104(1)(C) · 129 Stat. 704

   Struck and inserted · 51 U.S.C. § 50906(d)(3)

   Pub. L. 114–90, § 104(1)(C), struck out “prior to obtaining a license” after “crew training” and inserted “or vehicle” after “design of the rocket”

   Source evidence

   Code amendment note
   Subsec. (d)(3). Pub. L. 114–90, § 104(1)(C), struck out “prior to obtaining a license” after “crew training” and inserted “or vehicle” after “design of the rocket”.

   Enacted provision · exact public law section
   (C) in paragraph (3)— (i) by striking “prior to obtaining a license”; and (ii) by inserting “or vehicle” after “design of the rocket”;

8. 2015

   Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015

   Pub. L. 114–90 § 104(2)(A) · 129 Stat. 704

   Substituted · 51 U.S.C. § 50906(e)(1)

   Pub. L. 114–90, § 104(2)(A), substituted “suborbital rocket or suborbital rocket design, or for a particular reusable launch vehicle or reusable launch vehicle design,” for “suborbital rocket design”

   Source evidence

   Code amendment note
   Subsec. (e)(1). Pub. L. 114–90, § 104(2)(A), substituted “suborbital rocket or suborbital rocket design, or for a particular reusable launch vehicle or reusable launch vehicle design,” for “suborbital rocket design”.

   Enacted provision · exact public law section
   (A) in paragraph (1), by striking “suborbital rocket design” and inserting “suborbital rocket or suborbital rocket design, or for a particular reusable launch vehicle or reusable launch vehicle design,”; and

9. 2015

   Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015

   Pub. L. 114–90 § 104(2)(B) · 129 Stat. 704

   Inserted · 51 U.S.C. § 50906(e)(2)

   Pub. L. 114–90, § 104(2)(B), inserted “or launch vehicle” after “the suborbital rocket”

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 114–90, § 104(2)(B), inserted “or launch vehicle” after “the suborbital rocket”.

   Enacted provision · exact public law section
   (B) in paragraph (2), by inserting “or launch vehicle” after “the suborbital rocket”;

10. 2015

    Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015

    Pub. L. 114–90 § 104(3) · 129 Stat. 704

    Amended · 51 U.S.C. § 50906(g)

    Pub. L. 114–90, § 104(3), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “A permit may not be issued for, and a permit that has already been issued shall cease to be valid for, a particular design for a reusable suborbital rocket after a license has been issued for the launch or reentry of a rocket of that design.”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 114–90, § 104(3), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: “A permit may not be issued for, and a permit that has already been issued shall cease to be valid for, a particular design for a reusable suborbital rocket after a license has been issued for the launch or reentry of a rocket of that design.”

    Enacted provision · exact public law section
    (3) by amending subsection (g) to read as follows: “(g) The Secretary may issue a permit under this section notwithstanding any license issued under this chapter. The issuance of a license under this chapter may not invalidate a permit issued under this section.” ; and

11. 2015

    Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015

    Pub. L. 114–90 § 104(4) · 129 Stat. 704

    Inserted · 51 U.S.C. § 50906(h)

    Pub. L. 114–90, § 104(4), inserted “or reusable launch vehicle” after “suborbital rocket”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 114–90, § 104(4), inserted “or reusable launch vehicle” after “suborbital rocket”.

    Enacted provision · exact public law section
    (4) in subsection (h), by inserting “or reusable launch vehicle” after “suborbital rocket”.

11 of 11 references resolved to an enrolled provision