118 STAT. 3978 PUBLIC LAW 108–492—DEC. 23, 2004 informed the space flight participant in writing about the risks of the launch and reentry, including the safety record of the launch or reentry vehicle type, and the Secretary has informed the space flight participant in writing of any relevant information related to risk or probable loss during each phase of flight gathered by the Secretary in making the determination required by section 70112(a)(2) and (c); ‘‘(B) the holder of the license or permit has informed any space flight participant in writing, prior to receiving any compensation from that space flight participant or (in the case of a space flight participant not providing compensation) otherwise concluding any agreement to fly that space flight participant, that the United States Government has not certified the launch vehicle as safe for carrying crew or space flight participants; ‘‘(C) in accordance with regulations promulgated by the Secretary, the space flight participant has provided written informed consent to participate in the launch and reentry and written certification of compliance with any regulations promulgated under paragraph (6)(A); and ‘‘(D) the holder of the license or permit has complied with any regulations promulgated by the Secretary pursu- ant to paragraph (6). ‘‘(6)(A) The Secretary may issue regulations requiring space flight participants to undergo an appropriate physical examina- tion prior to a launch or reentry under this chapter. This subparagraph shall cease to be in effect three years after the date of enactment of the Commercial Space Launch Amend- ments Act of 2004. ‘‘(B) The Secretary may issue additional regulations setting reasonable requirements for space flight participants, including medical and training requirements. Such regulations shall not be effective before the expiration of 3 years after the date of enactment of the Commercial Space Launch Amendments Act of 2004.’’. (14) Section 70105 of title 49, United States Code, is amended by redesignating subsection (c) as subsection (d), and by adding after subsection (b) the following new subsection: ‘‘(c) SAFETY REGULATIONS.—(1) The Secretary may issue regula- tions governing the design or operation of a launch vehicle to protect the health and safety of crew and space flight participants. ‘‘(2) Regulations issued under this subsection shall— ‘‘(A) describe how such regulations would be applied when the Secretary is determining whether to issue a license under this chapter; ‘‘(B) apply only to launches in which a vehicle will be carrying a human being for compensation or hire; ‘‘(C) be limited to restricting or prohibiting design fea- tures or operating practices that— ‘‘(i) have 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 during a licensed or permitted commercial human space flight; or ‘‘(ii) contributed to an unplanned event or series of events during a licensed or permitted commercial Termination date. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00512 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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