118 STAT. 3980 PUBLIC LAW 108–492—DEC. 23, 2004 ‘‘(2) showing compliance with requirements as part of the process for obtaining a license under this chapter; or ‘‘(3) crew training prior to obtaining a license for a launch or reentry using the design of the rocket 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 design for the uses described in subsection (d); and ‘‘(2) specify the type of modifications that may be made to the suborbital rocket without changing the design to an extent that would invalidate the permit. ‘‘(f) Permits shall not be transferable. ‘‘(g) 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. ‘‘(h) No person may operate a reusable suborbital rocket under a permit for carrying any property or human being for compensation or hire. ‘‘(i) For the purposes of sections 70106, 70107, 70108, 70109, 70110, 70112, 70115, 70116, 70117, and 70121 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.’’. (17) Section 70106(a) of title 49, United States Code, is amended— (A) by inserting ‘‘at a site used for crew or space flight participant training,’’ after ‘‘assemble a launch vehicle or reentry vehicle,’’; and (B) by striking ‘‘section 70104(c)’’ and inserting ‘‘sections 70104(c), 70105, and 70105a’’. (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 trans- ferred 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.’’. (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 oper- ations 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. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00514 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4
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