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Title 51 — National and Commercial Space Programs

Chapter 509 — Commercial Space Launch Activities

§ 50908. Effective periods, and modifications, suspensions, and revocations, of licenses

Statutory text

(a)

Effective Periods of Licenses.—

The Secretary of Transportation shall specify the period for which a license issued or transferred under this chapter is in effect.

(b)

Modifications.—

(1)

On the initiative of the Secretary or on application of the licensee, the Secretary may modify a license issued or transferred under this chapter if the Secretary decides the modification will comply with this chapter.

(2)

The Secretary shall modify a license issued or transferred under this chapter whenever a modification is needed for the license to be in conformity with a regulation that was issued pursuant to section 50905(c) after the issuance of the license. This paragraph shall not apply to permits.

(c)

Suspensions and Revocations.—

The Secretary may suspend or revoke a license if the Secretary decides that—

(1)

the licensee has not complied substantially with a requirement of this chapter or a regulation prescribed under this chapter; or

(2)

the suspension or revocation is necessary to protect the public health and safety, the safety of property, or a national security or foreign policy interest of the United States.

(d)

Additional Suspensions.—

(1)

The Secretary may suspend a license when a previous launch or reentry under the license has resulted in a serious or fatal injury (as defined in 49 CFR 830, as in effect on ) to any human being and the Secretary has determined that continued operations under the license are likely to cause additional serious or fatal injury (as defined in 49 CFR 830, as in effect on ) to any human being.

(2)

Any suspension imposed under this subsection shall be for as brief a period as possible and, in any event, shall cease when the Secretary—

(A)

has determined that the licensee has taken sufficient steps to reduce the likelihood of a recurrence of the serious or fatal injury; or

(B)

has modified the license pursuant to subsection (b) to sufficiently reduce the likelihood of a recurrence of the serious or fatal injury.

(3)

This subsection shall not apply to permits.

(e)

Effective Periods of Modifications, Suspensions, and Revocations.—

Unless the Secretary specifies otherwise, a modification, suspension, or revocation under this section takes effect immediately and remains in effect during a review under section 50912 of this title.

(f)

Notification.—

The Secretary shall notify the licensee in writing of the decision of the Secretary under this section and any action the Secretary takes or proposes to take based on the decision.

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. Pub. L. 103–272 § 1(e) · 108 Stat. 745

    Enacted · 51 U.S.C. § 50908

    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1334, § 70107 of title 49

    Source evidence

    Code source credit
    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1334, § 70107 of title 49

    Enacted provision · exact public law section
    Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

  2. Commercial Space Launch Amendments Act of 2004

    Pub. L. 108–492 § 2(c)(18) · 118 Stat. 3974

    1. Amended · 51 U.S.C. § 50908(b)

      Pub. L. 108–492, § 2(c)(18), designated existing text as par. (1)

    2. Added · 51 U.S.C. § 50908(b)

      Pub. L. 108–492, § 2(c)(18), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–492, § 2(c)(18), designated existing text as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (18) Section 70107(b) of title 49, United States Code, is amended— (A) by inserting “(1)” before “On the initiative”; and (B) by adding the following new paragraph at the end: “(2) The Secretary shall modify a license issued or transferred under this chapter whenever a modification is needed for the license to be in conformity with a regulation that was issued pursuant to section 70105(c) after the issuance of the license. This paragraph shall not apply to permits.” .

  3. Commercial Space Launch Amendments Act of 2004

    Pub. L. 108–492 § 2(c)(19) · 118 Stat. 3974

    1. Added · 51 U.S.C. § 50908(d)(f)

      Pub. L. 108–492, § 2(c)(19), added subsec. (d)

    2. Redesignated · 51 U.S.C. § 50908(d)(f)

      Pub. L. 108–492, § 2(c)(19), redesignated former subsecs. (d) and (e) as (e) and (f), respectively

    Source evidence

    Code amendment note
    Subsecs. (d) to (f). Pub. L. 108–492, § 2(c)(19), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.

    Enacted provision · exact public law section
    (19) Section 70107 of title 49, United States Code, is amended by redesignating subsections (d) and (e) as subsections (e) and (f), respectively, and by inserting after subsection (c) the following new subsection: “(d) Additional Suspensions.— (1) The Secretary may suspend a license when a previous launch or reentry under the license has resulted in a serious or fatal injury (as defined in 49 CFR 830, as in effect on November 10, 2004) to crew or space flight participants and the Secretary has determined that continued operations under the license are likely to cause additional serious or fatal injury (as defined in 49 CFR 830, as in effect on November 10, 2004) to crew or space flight participants. “(2) Any suspension imposed under this subsection shall be for as brief a period as possible and, in any event, shall cease when the Secretary— “(A) has determined that the licensee has taken sufficient steps to reduce the likelihood of a recurrence of the serious or fatal injury; or “(B) has modified the license pursuant to subsection (b) to sufficiently reduce the likelihood of a recurrence of the serious or fatal injury. “(3) This subsection shall not apply to permits.” .

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

    Changed · 51 U.S.C. § 50908

    Pub. L. 111–314, § 4(d)(2), (3)(H), successively renumbered section 70107 of title 49 and section 70107 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 111–314, § 4(d)(2), (3)(H), successively renumbered section 70107 of title 49 and section 70107 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.

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

    Substituted · 51 U.S.C. § 50908(b)(2)

    Pub. L. 111–314, § 4(d)(5)(J), substituted “section 50905(c)” for “section 70105(c)”

    Source evidence

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

    Enacted provision · exact public law section
    (J) Section 50908(b)(2) of title 51, United States Code, as renumbered by paragraph (3), is amended by striking “section 70105(c)” and substituting “section 50905(c)”.

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

    Substituted · 51 U.S.C. § 50908(e)

    Pub. L. 111–314, § 4(d)(5)(K), substituted “section 50912” for “section 70110”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 111–314, § 4(d)(5)(K), substituted “section 50912” for “section 70110”.

    Enacted provision · exact public law section
    (K) Section 50908(e) of title 51, United States Code, as renumbered by paragraph (3), is amended by striking “section 70110” and substituting “section 50912”.

  7. Spurring Private Aerospace Competitiveness and Entrepreneurship Act of 2015

    Pub. L. 114–90 title I § 112(n) · 129 Stat. 704

    Substituted · 51 U.S.C. § 50908(d)(1)

    Pub. L. 114–90 substituted “to any human being” for “to crew or space flight participants” in two places

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 114–90 substituted “to any human being” for “to crew or space flight participants” in two places.

    Enacted provision · exact public law section
    (n) Additional Suspensions.— Section 50908(d)(1) is amended by striking “to crew or space flight participants” each place it appears and inserting “to any human being”.

9 of 9 references resolved to an enrolled provision

Notes

historicalAndRevision
Historical and Revision Notes
RevisedSectionSource (U.S. Code)Source (Statutes at Large)
70107(a)49 App.:2606 (last sentence).Oct. 30, 1984, Pub. L. 98–575, §§ 7 (last sentence), 10, 98 Stat. 3058, 3059.
70107(b)49 App.:2609(b).
70107(c)49 App.:2609(a).
70107(d)49 App.:2609(c).
70107(e)49 App.:2609(d).

In subsection (a), the words “of time” and “in accordance with regulations issued under this chapter” are omitted as surplus.

In subsection (b), the words “the requirements of” are omitted as surplus.

In subsection (e), the words “Whenever the Secretary takes any action” are omitted as surplus.

Editorial Notes

Amendments2004–2015 · 3 rounds

2015

Subsec. (d)(1). Pub. L. 114–90 substituted “to any human being” for “to crew or space flight participants” in two places.

2010

Pub. L. 111–314, § 4(d)(2), (3)(H), successively renumbered section 70107 of title 49 and section 70107 of this title as this section.

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

Subsec. (e). Pub. L. 111–314, § 4(d)(5)(K), substituted “section 50912” for “section 70110”.

2004

Subsec. (b). Pub. L. 108–492, § 2(c)(18), designated existing text as par. (1) and added par. (2).

Subsecs. (d) to (f). Pub. L. 108–492, § 2(c)(19), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.

Credits

1994–2015 · 4 acts
  1. 1994Pub. L. 103–272, § 1(e), , 108 Stat. 1334, § 70107 of title 49
  2. 2004Pub. L. 108–492, § 2(c)(18), (19), , 118 Stat. 3980
  3. 2010renumbered § 70107 then § 50908 of title 51 and amended Pub. L. 111–314, § 4(d)(2), (3)(H), (5)(J), (K), , 124 Stat. 3440–3442
  4. 2015Pub. L. 114–90, title I, § 112(n), , 129 Stat. 713.
Show as published

(Pub. L. 103–272, § 1(e), , 108 Stat. 1334, § 70107 of title 49; Pub. L. 108–492, § 2(c)(18), (19), , 118 Stat. 3980; renumbered § 70107 then § 50908 of title 51 and amended Pub. L. 111–314, § 4(d)(2), (3)(H), (5)(J), (K), , 124 Stat. 3440–3442; Pub. L. 114–90, title I, § 112(n), , 129 Stat. 713.)

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