118 STAT. 3976 PUBLIC LAW 108–492—DEC. 23, 2004 (10) by inserting after paragraph (18), as so redesignated by paragraph (1) of this subsection, the following new para- graphs: ‘‘(19) unless and until regulations take effect under section 70120(c)(2), ‘suborbital rocket’ means a vehicle, rocket-propelled in whole or in part, intended for flight on a suborbital trajectory, and the thrust of which is greater than its lift for the majority of the rocket-powered portion of its ascent. ‘‘(20) ‘suborbital trajectory’ means the intentional flight path of a launch vehicle, reentry vehicle, or any portion thereof, whose vacuum instantaneous impact point does not leave the surface of the Earth.’’; and (11) in paragraph (21), as so redesignated by paragraph (1) of this subsection— (A) by striking ‘‘or’’ at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ‘‘; or’’; and (C) by adding at the end the following new subpara- graph: ‘‘(E) crew or space flight participants.’’. (c) COMMERCIAL HUMAN SPACE FLIGHT.—(1) Section 70103(b)(1) of title 49, United States Code, is amended by inserting ‘‘, including those involving space flight participants’’ after ‘‘private sector’’. (2) Section 70103 of title 49, United States Code, is amended by redesignating subsection (c) as subsection (d), and by inserting after subsection (b) the following new subsection: ‘‘(c) SAFETY.—In carrying out the responsibilities under sub- section (b), the Secretary shall encourage, facilitate, and promote the continuous improvement of the safety of launch vehicles designed to carry humans, and the Secretary may, consistent with this chapter, promulgate regulations to carry out this subsection.’’. (3) Section 70104(a) of title 49, United States Code, is amended— (A) by striking ‘‘License Requirement.—A license issued or transferred under this chapter’’ and inserting ‘‘Require- ment.—A license issued or transferred under this chapter, or a permit,’’; and (B) by inserting after paragraph (4) the following: ‘‘Notwith- standing this subsection, a permit shall not authorize a person to operate a launch site or reentry site.’’. (4) Section 70104(b) of title 49, United States Code, is amended by inserting ‘‘or permit’’ after ‘‘holder of a license’’. (5) Section 70104 of title 49, United States Code, is amended by adding at the end the following new subsection: ‘‘(d) SINGLE LICENSE OR PERMIT.—The Secretary of Transpor- tation shall ensure that only 1 license or permit is required from the Department of Transportation to conduct activities involving crew or space flight participants, including launch and reentry, for which a license or permit is required under this chapter. The Secretary shall ensure that all Department of Transportation regu- lations relevant to the licensed or permitted activity are satisfied.’’. (6) Section 70105(a) of title 49, United States Code, is amended— (A) in paragraph (1), by striking ‘‘a license is not issued’’ and inserting ‘‘the Secretary has not taken action on a license application’’; and VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00510 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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