(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. 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 50905(b)(2)(C).
(d) The Secretary may issue a permit only for reusable suborbital rockets or reusable launch vehicles that will be launched into a suborbital trajectory or reentered under that permit solely for—
(1) research and development to test design concepts, equipment, or operating techniques;
(2) showing compliance with requirements as part of the process for obtaining a license under this chapter; or
(3) crew training for a launch or reentry using the design of the rocket or vehicle 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 or suborbital rocket design, or for a particular reusable launch vehicle or reusable launch vehicle design, for the uses described in subsection (d); and
(2) specify the type of modifications that may be made to the suborbital rocket or launch vehicle without changing the design to an extent that would invalidate the permit.
(f) Permits shall not be transferable.
(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.
(h) No person may operate a reusable suborbital rocket or reusable launch vehicle under a permit for carrying any property or human being for compensation or hire.
(i) For the purposes of sections 50907, 50908, 50909, 50910, 50912, 50914, 50917, 50918, 50919, and 50923 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.
Amendments
2015—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.
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;".
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".
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".
Subsec. (e)(2). Pub. L. 114–90, §104(2)(B), inserted "or launch vehicle" after "the suborbital rocket".
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."
Subsec. (h). Pub. L. 114–90, §104(4), inserted "or reusable launch vehicle" after "suborbital rocket".
2010—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.
Subsec. (c). Pub. L. 111–314, §4(d)(5)(G), substituted "section 50905(b)(2)(C)" for "section 70105(b)(2)(C)".
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.
Change of Name
Committee on Science of House of Representatives changed to Committee on Science and Technology of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Science and Technology of House of Representatives changed to Committee on Science, Space, and Technology of House of Representatives by House Resolution No. 5, One Hundred Twelfth Congress, Jan. 5, 2011.
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