118 STAT. 3979 PUBLIC LAW 108–492—DEC. 23, 2004 human space flight that posed a high risk of causing 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 ‘‘(D) be issued with a description of the instance or instances when the design feature or operating practice being restricted or prohibited contributed to a result or event described in subparagraph (C). ‘‘(3) Beginning 8 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004, the Sec- retary may propose regulations under this subsection without regard to paragraph (2)(C) and (D). Any such regulations shall take into consideration the evolving standards of safety in the commercial space flight industry. ‘‘(4) Nothing in this subsection shall be construed to limit the authority of the Secretary to issue requirements or regula- tions to protect the public health and safety, safety of property, national security interests, and foreign policy interests of the United States.’’. (15) Section 70105(d) of title 49, United States Code, as so redesignated by paragraph (15) of this subsection, is amended by inserting ‘‘or permit’’ after ‘‘of a license’’. (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 Sec- retary, not later than 120 days after receiving an application pursu- ant 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 applica- tion. 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 pursu- ant 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 sub- orbital rockets that will be launched or reentered solely for— ‘‘(1) research and development to test new design concepts, new equipment, or new operating techniques; Notice. Deadlines. Effective date. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00513 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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