Correction of Authority Citations for Commercial Space Transportation, 20531-20536 [2012-8196]
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Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Rules and Regulations
provide greater clarity to the
stakeholders by answering those
questions.
DEPARTMENT OF TRANSPORTATION
Procedures for Submitting Clarifying
Questions
14 CFR Parts 400, 401, 404, 405, 406,
413, 414, 415, 417, 420, 431, 433, 435,
437, 440, 460
Federal Aviation Administration
If you wish to submit a request to the
FAA for clarification of the Flightcrew
Member Duty and Rest Requirements
final rule, you must send your request
using the below method by June 4, 2012.
1. Post your request on the Federal
eRulemaking Portal. To access this
electronic docket, go to https://
www.regulations.gov, enter Docket
Number FAA–2012–0358, and follow
the online instructions for sending your
request electronically.
2. In addition to sending your request
to the electronic docket, send a copy via
email to the subject matter expert as
noted below.
Technical Questions: Dale E. Roberts,
Air Transportation Division, Flight
Standards Service, Federal Aviation
Administration; email
dale.e.roberts@faa.gov.
Legal Questions: Alex Zektser, Office
of the Chief Counsel, Regulations
Division, Federal Aviation
Administration; email
alex.zektser@faa.gov.
The FAA will attempt to reply to the
clarifying questions that are submitted
by June 4, 2012.
Issued in Washington, DC, on March 26,
2012.
Rebecca B. MacPherson,
Assistant Chief Counsel for Regulations,
AGC–200.
[FR Doc. 2012–7739 Filed 4–4–12; 8:45 am]
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BILLING CODE 4910–13–P
49 CFR Part 1
[Docket No. FAA–2012–0232; Amendment
Nos. 400–3, 401–7, 404–5, 405–5, 406–7,
413–10, 414–2, 415–5, 417–3, 420–5, 431–
3, 433–2, 435–2, 437–1, 440–3, 460–1; 1–
114; related to Docket Nos. 28851, 43810,
FAA–1999–5535, FAA–1999–5833, FAA–
1999–5835, FAA–2000–7953, FAA–2001–
8607, FAA–2005–21332, FAA–2005–23449,
FAA–2006–24197, FAA–2007–27390; OST
Docket No. 1]
[RINs 2120–AF99, 2120–AG71, 2120–AG15,
2120–AG72, 2120–AG37, 2120–AH18, 2120–
AI50, 2120–AI57, 2120–AI56, 2120–AI88]
Correction of Authority Citations for
Commercial Space Transportation
Federal Aviation
Administration (FAA), DOT.
ACTION: Technical amendment.
AGENCY:
In 2010, Congress transferred
the statute authorizing the FAA’s
commercial space transportation
regulations. This action is necessary to
correct affected citations in the Code of
Federal Regulations to reflect this
transfer of authority. The intended effect
of this action is to make the affected
regulations comply with the statute.
DATES: These amendments become
effective April 5, 2012.
FOR FURTHER INFORMATION CONTACT:
Laura Montgomery, Senior Attorney for
Commercial Space Transportation,
Office of the Chief Counsel, Regulations
Division, AGC–200, Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone (202) 267–3150; facsimile
(202) 267–7971; email
laura.montgomery@faa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Since 1994, the FAA has operated in
the area of commercial space launch
activities under the authority delegated
by Congress in 49 U.S.C. chapter 701.
See Revision of Title 49, United States
Code Annotated, ‘‘Transportation,’’
Public Law 103–272, 108 Stat. 745, 1130
(1994). The FAA implements these
regulations through Title 14, Code of
Federal Regulations (14 CFR) chapter III,
Commercial Space Transportation.
In 2010, Congress consolidated
commercial space laws into a single,
unified title of the United States Code.
See Enactment of Title 51—National
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15:36 Apr 04, 2012
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20531
and Commercial Space Programs, Public
Law 111–314, 124 Stat. 3328 (2010).
Congress’ purpose was ‘‘to codify
certain existing laws related to national
and commercial space programs as a
positive law title of the United States
Code.’’ Id. During this process, 49 U.S.C.
chapter 701 was transferred and
redesignated as 51 U.S.C. chapter 509.
The recodification makes no substantive
changes.
The congressional transfer of
authority made a number of citations in
the Code of Federal Regulations
obsolete. See 14 CFR chapter III (2011);
49 CFR 1.47 (2010). This amendment
corrects the affected citations to
accurately reference the new citations.
This amendment does not make
substantive changes to the affected
regulations.
List of Subjects
14 CFR Part 400
Space transportation and exploration.
14 CFR Part 401
Organization and functions
(Government agencies), Space safety,
Space transportation and exploration.
14 CFR Part 404
Administrative practice and
procedure, Space safety, Space
transportation and exploration.
14 CFR Part 405
Investigations, Penalties, Space safety,
Space transportation and exploration.
14 CFR Part 406
Administrative practice and
procedure, Space safety, Space
transportation and exploration.
14 CFR Part 413
Confidential business information,
Human space flight, Reporting and
recordkeeping requirements, Space
safety, Space transportation and
exploration.
14 CFR Part 414
Airspace, Aviation safety, Space
transportation and exploration.
14 CFR Part 415
Aviation safety, Environmental
protection, Rockets, Space safety, Space
transportation and exploration.
14 CFR Part 417
Aviation safety, Reporting and
recordkeeping requirements, Rockets,
Space safety, Space transportation and
exploration.
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14 CFR Part 420
§ 400.2
Airspace, Human space flight, Space
safety, Space transportation and
exploration.
The regulations in this part set forth
the procedures and requirements
applicable to the authorization and
supervision under 51 U.S.C. Subtitle V,
chapter 509, of commercial space
transportation activities conducted in
the United States or by a U.S. citizen.
The regulations in this chapter do not
apply to amateur rockets activities, as
defined in 14 CFR 1.1, or to space
activities carried out by the United
States Government on behalf of the
United States Government.
14 CFR Part 431
Aviation safety, Environmental
protection, Human space flight,
Reporting and recordkeeping, Rockets,
Space safety, Space transportation and
exploration.
14 CFR Part 433
Aviation safety, Environmental
protection, Investigations, Reporting
and recordkeeping requirements, Space
transportation and exploration.
14 CFR Part 435
14 CFR Part 440
Armed forces, Claims, Federal
building and facilities, Government
property, Indemnity payments,
Insurance, Reporting and recordkeeping
requirements, Rockets, Space
transportation and exploration.
14 CFR Part 460
Human space flight, Reporting and
recordkeeping requirements, Rockets,
Space safety, Space transportation and
exploration.
49 CFR Part 1
Authority delegations (Government
agencies), Organizations and functions
(Government agencies).
The Amendments
In consideration of the foregoing, the
Federal Aviation Administration
amends chapter III of title 14, Code of
Federal Regulations, and subtitle A of
title 49, Code of Federal Regulations, as
follows:
Title 14—Aeronautics and Space
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CHAPTER III—COMMERCIAL SPACE
TRANSPORTATION, FEDERAL AVIATION
ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION
PART 400—BASIS AND SCOPE
1. The authority citation for part 400
is revised to read as follows:
■
Authority: 51 U.S.C. 50901–50923.
2. Revise § 400.2 to read as follows:
15:36 Apr 04, 2012
3. The authority citation for part 401
is revised to read as follows:
Authority: 51 U.S.C. 50101–50923.
4. Revise the definitions of ‘‘act’’ and
‘‘operator’’ in § 401.5 to read as follows:
■
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Definitions.
*
Aviation safety, Airspace, Human
space flight, Rockets, Space safety,
Space transportation and exploration.
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PART 401—ORGANIZATION AND
DEFINITIONS
§ 401.5
14 CFR Part 437
*
*
*
*
Act means 51 U.S.C Subtitle V,
Programs Targeting Commercial
Opportunities, chapter 509—
Commercial Space Launch Activities, 51
U.S.C. 50901–50923.
*
*
*
*
*
Operator means a holder of a license
or permit under 51 U.S.C. Subtitle V,
chapter 509.
*
*
*
*
*
PART 404—REGULATIONS AND
LICENSING REQUIREMENTS
5. The authority citation for part 404
is revised to read as follows:
■
Authority: 51 U.S.C. 50901–50923.
6. Revise § 404.1 to read as follows:
■
§ 404.1
Scope.
This part establishes procedures for
issuing regulations to implement 51
U.S.C. Subtitle V, chapter 509, and for
eliminating or waiving requirements for
licensing or permitting of commercial
space transportation activities under
that statute.
PART 405—INVESTIGATIONS AND
ENFORCEMENT
7. The authority citation for part 405
is revised to read as follows:
■
Authority: 51 U.S.C. 50901–50923.
PART 406—INVESTIGATIONS,
ENFORCEMENT, AND
ADMINISTRATIVE REVIEW
8. The authority citation for part 406
is revised to read as follows:
■
Authority: 51 U.S.C. 50901–50923.
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9. Revise § 406.1(a) introductory text
to read as follows:
■
■
Aviation safety, Environmental
protection, Investigations, Reporting
and recordkeeping requirements, Space
safety, Space transportation and
exploration.
■
Scope.
Sfmt 4700
§ 406.1 Hearings in license, permit, and
payload actions.
(a) Pursuant to 51 U.S.C. 50912, the
following are entitled to a determination
on the record after an opportunity for a
hearing in accordance with 5 U.S.C.
554.
*
*
*
*
*
■ 10. Revise § 406.9(a) to read as
follows:
§ 406.9
Civil penalties.
(a) Civil penalty liability. Under 51
U.S.C. 50917(c), a person found by the
FAA to have violated a requirement of
the Act, a regulation issued under the
Act, or any term or condition of a
license or permit issued or transferred
under the Act, is liable to the United
States for a civil penalty of not more
than $110,000 for each violation, as
adjusted for inflation. A separate
violation occurs for each day the
violation continues.
*
*
*
*
*
■ 11. Revise § 406.117(b), (c)(2), and
(c)(3) to read as follows:
§ 406.117
Confidential information.
*
*
*
*
*
(b) Marked information not made
public. If a party files a document in a
sealed envelope clearly marked
‘‘CONFIDENTIAL’’ the document may
not be made available to the public
unless and until the administrative law
judge or the FAA decisionmaker decides
it may be made available to the public
in accordance with 51 U.S.C. 50916.
(c) * * *
(2) If the party claims that the
information is protected under 51 U.S.C.
50916, and if both the complainant and
the respondent agree that the
information is protected under that
section, the administrative law judge
must grant the motion. If one party does
not agree that the information is
protected under 51 U.S.C. 50916 the
administrative law judge must decide.
Either party may file an interlocutory
appeal of right under § 406.173(c).
(3) If the party claims that the
information should be protected on
grounds other than those provided by 51
U.S.C. 50916 the administrative law
judge must grant the motion if, based on
the motion and any response to the
motion, the administrative law judge
determines that disclosure would be
detrimental to safety, disclosure would
not be in the public interest, or that the
information is not otherwise required to
be made available to the public.
*
*
*
*
*
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12. Revise § 406.159(c) to read as
follows:
■
§ 406.159
Subpoenas.
*
*
*
*
*
(c) Enforcement of subpoena. Upon a
showing that a person has failed or
refused to comply with a subpoena, the
Secretary may apply to the appropriate
district court of the United States to
seek enforcement of the subpoena in
accordance with 51 U.S.C. 50917(c). A
party may request the Secretary to seek
such enforcement.
■ 13. Revise § 406.173(c)(3) to read as
follows:
§ 406.173
Interlocutory appeals.
*
subject to the licensee’s compliance
with 51 U.S.C. Subtitle V, chapter 509
and this chapter.
*
*
*
*
*
■ 20. Revise § 420.51(b) to read as
follows:
§ 420.51
Responsibilities—general.
*
*
*
*
(b) A licensee is responsible for
compliance with 51 U.S.C. Subtitle V,
chapter 509 and for meeting the
requirements of this chapter.
*
*
*
*
(c) * * *
(3) Failure of the administrative law
judge to grant a motion for a
confidentiality order based on 51 U.S.C.
50916, under § 406.117(c)(2).
*
*
*
*
*
■
PART 413—LICENSE APPLICATION
PROCEDURES
The FAA may amend an RLV mission
license at any time by modifying or
adding license terms and conditions to
ensure compliance with 51 U.S.C.
Subtitle V, chapter 509, and applicable
regulations.
14. The authority citation for part 413
is revised to read as follows:
■
Authority: 51 U.S.C. 50901–50923.
21. The authority citation for part 431
is revised to read as follows:
Authority: 51 U.S.C. 50901–50923.
22. Revise § 431.11 to read as follows:
■
§ 431.11 Additional license terms and
conditions.
PART 414—SAFETY APPROVALS
PART 433—LICENSE TO OPERATE A
REENTRY SITE
15. The authority citation for part 414
is revised to read as follows:
■
■
Authority: 51 U.S.C. 50901–50923.
16. The authority citation for part 415
is revised to read as follows:
■
Authority: 51 U.S.C. 50901–50923.
24. The authority citation for part 435
is revised to read as follows:
17. The authority citation for part 417
is revised to read as follows:
■
PART 420—LICENSE TO OPERATE A
LAUNCH SITE
18. The authority citation for part 420
is revised to read as follows:
■
Authority: 51 U.S.C. 50901–50923.
The FAA may amend a reentry license
at any time by modifying or adding
license terms and conditions to ensure
compliance with 51 U.S.C. Subtitle V,
chapter 509, and applicable regulations.
26. The authority citation for part 437
is revised to read as follows:
■
§ 420.41 License to operate a launch site—
general.
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25. Revise § 435.11 to read as follows:
PART 437—EXPERIMENTAL PERMITS
19. Revise § 420.41(a) to read as
follows:
■
(a) A license to operate a launch site
authorizes a licensee to operate a launch
site in accordance with the
representations contained in the
licensee’s application, with terms and
conditions contained in any license
order accompanying the license, and
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Authority: 51 U.S.C. 50901–50923.
■
§ 435.11 Additional license terms and
conditions.
Authority: 51 U.S.C. 50901–50923.
15:36 Apr 04, 2012
PART 435—REENTRY OF A REENTRY
VEHICLE OTHER THAN A REUSABLE
LAUNCH VEHICLE
■
PART 417—LAUNCH SAFETY
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23. The authority citation for part 433
is revised to read as follows:
Authority: 51 U.S.C. 50901–50923.
PART 415—LAUNCH LICENSE
conditions to ensure compliance with
51 U.S.C. Subtitle V, chapter 509.
PART 440—FINANCIAL
RESPONSIBILITY
28. The authority citation for part 440
is revised to read as follows:
■
*
PART 431—LAUNCH AND REENTRY
OF A RESUSABLE LAUNCH VEHICLE
(RLV)
Authority: 51 U.S.C. 50901–50923.
■
27. Revise § 437.13 to read as follows:
§ 437.13 Additional experimental permit
terms and conditions.
The FAA may modify an
experimental permit at any time by
modifying or adding permit terms and
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20533
Authority: 51 U.S.C. 50901–50923.
29. Revise the introductory text and
definition of ‘‘financial responsibility’’
in § 440.3 to read as follows:
■
§ 440.3
Definitions.
Except as otherwise provided in this
section, any term used in this part and
defined in 51 U.S.C. 50901–50923, or in
§ 401.5 of this chapter shall have the
meaning contained therein. For
purposes of this part—
*
*
*
*
*
Financial responsibility means
capable of satisfying a liability
obligation as required by 51 U.S.C
Subtitle V, chapter 509.
*
*
*
*
*
■ 30. Revise § 440.5(c)(2) to read as
follows:
§ 440.5
General.
*
*
*
*
*
(c) * * *
(2) Any covered claim of a third party
for bodily injury or property damage
arising out of any particular licensed
activity exceeds the amount of financial
responsibility required under § 440.9(c)
of this part and does not exceed
$1,500,000,000 (as adjusted for inflation
occurring after January 1, 1989) above
such amount, and are payable pursuant
to 51 U.S.C. 50915 and § 440.19 of this
part. A claim of an employee of any
entity listed in paragraphs (1)(ii)
through (1)(iii) in the Third party
definition in § 440.3 of this part for
bodily injury or property damage is not
a covered claim;
*
*
*
*
*
■ 31. Revise § 440.15(b) and (c)(1)(iii) to
read as follows:
§ 440.15
Demonstration of compliance.
*
*
*
*
*
(b) Upon a complete demonstration of
compliance with financial responsibility
and allocation of risk requirements
under this part, the requirements of this
part shall preempt each and any
provision in any agreement between the
licensee or permittee and an agency of
the United States governing access to or
use of United States launch or reentry
property or launch or reentry services
for a licensed or permitted activity
which addresses financial
responsibility, allocation of risk and
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related matters covered by 51 U.S.C.
50914, 50915.
*
*
*
*
*
(c) * * *
(1) * * *
(iii) In the event of any policy
exclusions or limitations of coverage
that may be considered usual under
§ 440.19(c), or for purposes of
implementing the Government’s waiver
of claims for property damage under 51
U.S.C. 50914(b), certifying that
insurance covering the excluded risks is
not commercially available at
reasonable cost; and
*
*
*
*
*
■ 32. Revise § 440.19(a), (d), (e)
introductory text, and (f)(1) to read as
follows:
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§ 440.19 United States payment of excess
third-party liability claims.
(a) The United States pays successful
covered claims (including reasonable
expenses of litigation or settlement) of a
third party against a licensee, a
customer, and the contractors and
subcontractors of the licensee and the
customer, and the employees of each
involved in licensed activities, and the
contractors and subcontractors of the
United States and its agencies, and their
employees, involved in licensed
activities to the extent provided in an
appropriation law or other legislative
authority providing for payment of
claims in accordance with 51 U.S.C.
50915, and to the extent the total
amount of such covered claims arising
out of any particular launch or reentry:
*
*
*
*
*
(d) Upon the expiration of the policy
period prescribed in accordance with
§ 440.11(a), the United States shall
provide for payment of claims that are
payable under 51 U.S.C. 50915 from the
first dollar of loss up to $1,500,000,000
(as adjusted for inflation occurring after
January 1, 1989).
(e) Payment by the United States of
excess third-party claims under 51
U.S.C. 50915 shall be subject to:
*
*
*
*
*
(f) * * *
(1) Prepare a compensation plan
outlining the total amount of claims and
meeting the requirements set forth in 51
U.S.C. 50915;
*
*
*
*
*
■ 33. Revise Appendix D to part 440 to
read as follows:
Appendix D to Part 440—Agreement for
Waiver of Claims and Assumption of
Responsibility for a Crew Member
THIS AGREEMENT is entered into this
ll day of llll, by and among [name
of Crew Member] (the ‘‘Crew Member’’) and
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the Federal Aviation Administration of the
Department of Transportation, on behalf of
the United States Government (collectively,
the ‘‘Parties’’), to implement the provisions of
section 440.17(f) of the Commercial Space
Transportation Licensing Regulations, 14
CFR chapter III (the ‘‘Regulations’’). This
agreement applies to the Crew Member’s
participation in activities that the FAA has
authorized by license or permit during the
Crew Member’s employment with [Name of
licensee or permittee].
In consideration of the mutual releases and
promises contained herein, the Parties hereby
agree as follows:
1. Definitions
Crew Member means:
(a) The above-named Crew Member,
(b) All the heirs, administrators, executors,
assignees, next of kin, and estate of the
above-named Crew Member, and
(c) Anyone who attempts to bring a claim
on behalf of the Crew Member or for damage
or harm arising out of the Bodily Injury,
including Death, of the Crew Member.
License/Permit means License/Permit No.
llll issued on llll, by the Associate
Administrator for Commercial Space
Transportation, Federal Aviation
Administration, Department of
Transportation, to the Licensee/Permittee,
including all license/permit orders issued in
connection with the License/Permit.
Licensee/Permittee means the Licensee/
Permittee and any transferee of the Licensee
under 51 U.S.C. Subtitle V, chapter 509.
United States means the United States and
its agencies involved in Licensed/Permitted
Activities.
Except as otherwise defined herein, terms
used in this Agreement and defined in 51
U.S.C. Subtitle V, chapter 509—Commercial
Space Launch Activities, or in the
Regulations, shall have the same meaning as
contained in 51 U.S.C. Subtitle V, chapter
509, or the Regulations, respectively.
2. Waiver and Release of Claims
(a) Crew Member hereby waives and
releases claims it may have against the
United States, and against its respective
Contractors and Subcontractors, for Bodily
Injury, including Death, or Property Damage
sustained by Crew Member, resulting from
Licensed/Permitted Activities, regardless of
fault.
(b) The United States hereby waives and
releases claims it may have against the Crew
Member for Property Damage it sustains, and
for Bodily Injury, including Death, or
Property Damage sustained by its own
employees, resulting from Licensed/
Permitted Activities, regardless of fault.
3. Assumption of Responsibility
(a) The Crew Member shall be responsible
for Bodily Injury, including Death, or
Property Damage sustained by Crew Member,
resulting from Licensed/Permitted Activities,
regardless of fault. The Crew Member shall
hold harmless the United States, and the
Contractors and Subcontractors of each Party,
for Bodily Injury, including Death, or
Property Damage sustained by Crew Member,
resulting from Licensed/Permitted Activities,
regardless of fault.
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(b) The United States shall be responsible
for Property Damage it sustains, and for
Bodily Injury, including Death, or Property
Damage sustained by its own employees,
resulting from Licensed Activities, regardless
of fault, to the extent that claims it would
otherwise have for such damage or injury
exceed the amount of insurance or
demonstration of financial responsibility
required under sections 440.9(c) and (e),
respectively, of the Regulations.
(c) The United States shall be responsible
for Property Damage it sustains, resulting
from Permitted Activities, regardless of fault,
to the extent that claims it would otherwise
have for such damage exceed the amount of
insurance or demonstration of financial
responsibility required under section 440.9(e)
of the Regulations.
4. Extension of Assumption of Responsibility
and Waiver and Release of Claims
(a) The United States shall extend the
requirements of the waiver and release of
claims, and the assumption of responsibility
as set forth in paragraphs 2(b) and 3(b),
respectively, to its Contractors and
Subcontractors by requiring them to waive
and release all claims they may have against
Crew Member and to agree to be responsible,
for any Property Damage the Contractors and
Subcontractors sustain and for any Bodily
Injury, including Death, or Property Damage
sustained by their own employees, resulting
from Licensed Activities, regardless of fault.
(b) The United States shall extend the
requirements of the waiver and release of
claims, and the assumption of responsibility
as set forth in paragraphs 2(b) and 3(c),
respectively, to its Contractors and
Subcontractors by requiring them to waive
and release all claims the Contractors and
Subcontractors may have against Crew
Member and to agree to be responsible, for
any Property Damage they sustain, resulting
from Permitted Activities, regardless of fault.
5. Indemnification
Crew Member shall hold harmless and
indemnify the United States and its agencies,
servants, agents, subsidiaries, employees and
assignees, or any of them, from and against
liability, loss, or damage arising out of claims
brought by anyone for Property Damage or
Bodily Injury, including Death, sustained by
Crew Member, resulting from Licensed/
Permitted Activities.
6. Assurances Under 51 U.S.C. 50914(e)
Notwithstanding any provision of this
Agreement to the contrary, Crew Member
shall hold harmless the United States and its
agencies, servants, agents, employees and
assignees, or any of them, from and against
liability, loss or damage arising out of claims
for Bodily Injury, including Death, or
Property Damage, sustained by Crew
Member, resulting from Licensed/Permitted
Activities, regardless of fault, except to the
extent that, as provided in section 6(b) of this
Agreement, claims result from willful
misconduct of the United States or its agents.
7. Miscellaneous
(a) Nothing contained herein shall be
construed as a waiver or release by the
United States of any claim by an employee
of the United States, respectively, including
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a member of the Armed Forces of the United
States, for Bodily Injury or Property Damage,
resulting from Licensed/Permitted Activities.
(b) Notwithstanding any provision of this
Agreement to the contrary, any waiver,
release, assumption of responsibility or
agreement to hold harmless herein shall not
apply to claims for Bodily Injury, including
Death, or Property Damage resulting from
willful misconduct of any of the Parties, the
Contractors and Subcontractors of any of the
Parties, and in the case of the United States,
its agents.
(c) This Agreement shall be governed by
and construed in accordance with United
States Federal law.
In witness whereof, the Parties to this
Agreement have caused the Agreement to be
duly executed by their respective duly
authorized representatives as of the date
written above.
I [name of Crew Member] have read and
understand this agreement and agree that I
am bound by it.
Crew Member
Signature: llllllllllllllll
Printed Name: llllllllllllll
Federal Aviation Administration of the
Department of Transportation on Behalf of
the United States Government
By: lllllllllllllllllll
Its: lllllllllllllllllll
Associate Administrator for Commercial
Space Transportation
34. Revise Appendix E to part 440 to
read as follows:
■
rmajette on DSK2TPTVN1PROD with RULES
Appendix E to Part 440—Agreement for
Waiver of Claims and Assumption of
Responsibility for a Space Flight
Participant
This agreement is entered into this ll
day of llll, by and among [name of
Space Flight Participant] (the ‘‘Space Flight
Participant’’) and the Federal Aviation
Administration of the Department of
Transportation, on behalf of the United States
Government (collectively, the ‘‘Parties’’), to
implement the provisions of section
440.17(e) of the Commercial Space
Transportation Licensing Regulations, 14
CFR chapter III (the ‘‘Regulations’’). This
agreement applies to Space Flight
Participant’s travel on [name of launch or
reentry vehicle] of [name of Licensee or
Permittee]. In consideration of the mutual
releases and promises contained herein, the
Parties hereby agree as follows:
1. Definitions
Space Flight Participant means
(a) The above-named Space Flight
Participant,
(b) All the heirs, administrators, executors,
assignees, next of kin, and estate of the
above-named Space Flight Participant, and
(c) Anyone who attempts to bring a claim
on behalf of the Space Flight Participant or
for damage or harm arising out of the Bodily
Injury, including Death, of the Space Flight
Participant.
License/Permit means License/Permit No.
llll issued on llll, by the Associate
Administrator for Commercial Space
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Transportation, Federal Aviation
Administration, Department of
Transportation, to the Licensee/Permittee,
including all license/permit orders issued in
connection with the License/Permit.
Licensee/Permittee means the Licensee/
Permittee and any transferee of the Licensee
under 51 U.S.C. Subtitle V, chapter 509.
United States means the United States and
its agencies involved in Licensed/Permitted
Activities.
Except as otherwise defined herein, terms
used in this Agreement and defined in 51
U.S.C. Subtitle V, chapter 509—Commercial
Space Launch Activities, or in the
Regulations, shall have the same meaning as
contained in 51 U.S.C. Subtitle V, chapter
509, or the Regulations, respectively.
2. Waiver and Release of Claims
(a) Space Flight Participant hereby waives
and releases claims it may have against the
United States, and against its respective
Contractors and Subcontractors, for Bodily
Injury, including Death, or Property Damage
sustained by Space Flight Participant,
resulting from Licensed/Permitted Activities,
regardless of fault.
(b) The United States hereby waives and
releases claims it may have against Space
Flight Participant for Property Damage it
sustains, and for Bodily Injury, including
Death, or Property Damage sustained by its
own employees, resulting from Licensed/
Permitted Activities, regardless of fault.
3. Assumption of Responsibility
(a) Space Flight Participant shall be
responsible for Bodily Injury, including
Death, or Property Damage sustained by the
Space Flight Participant resulting from
Licensed/Permitted Activities, regardless of
fault. Space Flight Participant shall hold
harmless the United States, and its
Contractors and Subcontractors, for Bodily
Injury, including Death, or Property Damage
sustained by Space Flight Participant from
Licensed/Permitted Activities, regardless of
fault.
(b) The United States shall be responsible
for Property Damage it sustains, and for
Bodily Injury, including Death, or Property
Damage sustained by its own employees,
resulting from Licensed Activities, regardless
of fault, to the extent that claims it would
otherwise have for such damage or injury
exceed the amount of insurance or
demonstration of financial responsibility
required under sections 440.9(c) and (e),
respectively, of the Regulations.
(c) The United States shall be responsible
for Property Damage it sustains, resulting
from Permitted Activities, regardless of fault,
to the extent that claims it would otherwise
have for such damage exceed the amount of
insurance or demonstration of financial
responsibility required under section 440.9(e)
of the Regulations.
4. Extension of Assumption of Responsibility
and Waiver and Release of Claims
(a) The United States shall extend the
requirements of the waiver and release of
claims, and the assumption of responsibility
as set forth in paragraphs 2(b) and 3(b),
respectively, to its Contractors and
Subcontractors by requiring them to waive
PO 00000
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Sfmt 4700
20535
and release all claims they may have against
Space Flight Participant, and to agree to be
responsible, for any Property Damage they
sustain and for any Bodily Injury, including
Death, or Property Damage sustained by their
own employees, resulting from Licensed
Activities, regardless of fault.
(b) The United States shall extend the
requirements of the waiver and release of
claims, and the assumption of responsibility
as set forth in paragraphs 2(b) and 3(c),
respectively, to its Contractors and
Subcontractors by requiring them to waive
and release all claims they may have against
Space Flight Participant, and to agree to be
responsible, for any Property Damage the
Contractors and Subcontractors sustain,
resulting from Permitted Activities,
regardless of fault.
5. Indemnification
Space Flight Participant shall hold
harmless and indemnify the United States
and its agencies, servants, agents,
subsidiaries, employees and assignees, or any
of them, from and against liability, loss or
damage arising out of claims brought by
anyone for Property Damage or Bodily Injury,
including Death, sustained by Space Flight
Participant, resulting from Licensed/
Permitted Activities.
6. Assurances Under 51 U.S.C. 50914(e)
Notwithstanding any provision of this
Agreement to the contrary, Space Flight
Participant shall hold harmless the United
States and its agencies, servants, agents,
employees and assignees, or any of them,
from and against liability, loss or damage
arising out of claims for Bodily Injury,
including Death, or Property Damage,
sustained by Space Flight Participant,
resulting from Licensed/Permitted Activities,
regardless of fault, except to the extent that,
as provided in section 6(b) of this Agreement,
claims result from willful misconduct of the
United States or its agents.
7. Miscellaneous
(a) Nothing contained herein shall be
construed as a waiver or release by the
United States of any claim by an employee
of the United States, respectively, including
a member of the Armed Forces of the United
States, for Bodily Injury or Property Damage,
resulting from Licensed/Permitted Activities.
(b) Notwithstanding any provision of this
Agreement to the contrary, any waiver,
release, assumption of responsibility or
agreement to hold harmless herein shall not
apply to claims for Bodily Injury, including
Death, or Property Damage resulting from
willful misconduct of any of the Parties, the
Contractors, Subcontractors, and agents of
the United States, and Space Flight
Participant.
(c) This Agreement shall be governed by
and construed in accordance with United
States Federal law.
In witness whereof, the Parties to this
Agreement have caused the Agreement to be
duly executed by their respective duly
authorized representatives as of the date
written above.
I [name of Space Flight Participant] have
read and understand this agreement and
agree that I am bound by it.
E:\FR\FM\05APR1.SGM
05APR1
20536
Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Rules and Regulations
Space Flight Participant
Signature: llllllllllllllll
Printed Name: llllllllllllll
Federal Aviation Administration of the
Department of Transportation on Behalf
of the United States Government
By: lllllllllllllllllll
Its: lllllllllllllllllll
Associate Administrator for Commercial
Space Transportation
PART 460—HUMAN SPACE FLIGHT
REQUIREMENTS
35. The authority citation for part 460
is revised to read as follows:
■
Authority: 51 U.S.C. 50901–50923.
Title 49—Transportation
Subtitle A—Office of the Secretary of
Transportation
PART 1—ORGANIZATION AND
DELEGATION OF POWERS AND
DUTIES
36. The authority citation for part 1
continues to read as follows:
■
Authority: 49 U.S.C. 322; 46 U.S.C.
2104(a); 28 U.S.C. 2672; 31 U.S.C. 3711(a)(2);
Pub. L. 101–552, 104 Stat. 2736; Pub. L. 106–
159, 113 Stat. 1748; Pub. L. 107–71, 115 Stat.
597; Pub. L. 107–295, 116 Stat. 2064; Pub. L.
108–136, 117 Stat. 1392; Pub. L. 101–115,
103 Stat. 691; Pub. L. 108–293, 118 Stat.
1028; Pub. L. 109–364, 120 Stat. 2083; Pub.
L. 110–140, 121 Stat. 1492; Pub. L. 110–432,
122 Stat. 4848.
■
37. Revise § 1.47(v) to read as follows:
§ 1.47 Delegations to Federal Aviation
Administrator.
*
*
*
*
*
(v) Carry out the functions vested in
the Secretary by 51 U.S.C. Subtitle V.
*
*
*
*
*
Issued in Washington, DC, on March 25,
2012.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2012–8196 Filed 4–4–12; 8:45 am]
BILLING CODE 4910–13–P
[Release Nos. 33–9308; 34–66703; 39–2484;
File No. S7–22–11]
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RIN 3235–AL16
Exemptions for Security-Based Swaps
Issued by Certain Clearing Agencies
VerDate Mar<15>2010
15:36 Apr 04, 2012
Jkt 226001
U.S.C. 77a et seq.
U.S.C. 78a et seq.
3 15 U.S.C. 77aaa et seq.
4 The Dodd-Frank Wall Street Reform and
Consumer Protection Act, Public Law 111–203, 124
Stat. 1376 (2010).
5 Section 712(d) of the Dodd-Frank Act provides
that the Commission and the CFTC, in consultation
with the Board of Governors of the Federal Reserve
System, shall jointly further define the terms
‘‘swap,’’ ‘‘security-based swap,’’ ‘‘swap dealer,’’
‘‘security-based swap dealer,’’ ‘‘major swap
participant,’’ ‘‘major security-based swap
participant,’’ ‘‘eligible contract participant,’’ and
‘‘security-based swap agreement.’’ These terms are
defined in Sections 721 and 761 of the Dodd-Frank
Act and, with respect to the term ‘‘eligible contract
participant,’’ in Section 1a(18) of the Commodity
2 15
17 CFR Parts 230, 240 and 260
Securities and Exchange
Commission.
ACTION: Final rule.
I. Background and Summary
On July 21, 2010, the President signed
the Dodd-Frank Act into law.4 Title VII
of the Dodd-Frank Act (‘‘Title VII’’)
provides the Securities and Exchange
Commission (‘‘SEC’’ or the
‘‘Commission’’) and the Commodity
Futures Trading Commission (‘‘CFTC’’)
with the authority to regulate over-thecounter (‘‘OTC’’) derivatives in light of
the recent financial crisis.
Title VII provides that the CFTC will
regulate ‘‘swaps,’’ the SEC will regulate
‘‘security-based swaps,’’ and the CFTC
and SEC will jointly regulate ‘‘mixed
swaps.’’ 5 Title VII amends the Exchange
1 15
SECURITIES AND EXCHANGE
COMMISSION
AGENCY:
We are adopting exemptions
under the Securities Act of 1933, the
Securities Exchange Act of 1934, and
the Trust Indenture Act of 1939 for
security-based swaps issued by certain
clearing agencies satisfying certain
conditions. The final rules exempt
transactions by clearing agencies in
these security-based swaps from all
provisions of the Securities Act, other
than the Section 17(a) anti-fraud
provisions, as well as exempt these
security-based swaps from Exchange
Act registration requirements and from
the provisions of the Trust Indenture
Act, provided certain conditions are
met.
DATES: Effective Date: The final rules are
effective April 16, 2012.
FOR FURTHER INFORMATION CONTACT:
Andrew Schoeffler, Special Counsel,
Office of Capital Markets Trends,
Division of Corporation Finance, at
(202) 551–3860, U.S. Securities and
Exchange Commission, 100 F Street,
NE., Washington, DC 20549–3628.
SUPPLEMENTARY INFORMATION: We are
adopting Rule 239 under the Securities
Act of 1933 (‘‘Securities Act’’).1 We are
also adopting Rule 12a–10 and an
amendment to Rule 12h–1 under the
Securities Exchange Act of 1934
(‘‘Exchange Act’’) 2 and Rule 4d–11
under the Trust Indenture Act of 1939
(‘‘Trust Indenture Act’’).3
SUMMARY:
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Act to require, among other things, the
following: (1) Transactions in securitybased swaps must be submitted for
clearing to a clearing agency if such
security-based swap is one that the
Commission has determined is required
to be cleared, unless an exception from
mandatory clearing applies; 6 (2)
transactions in security-based swaps
must be reported to a registered
security-based swap data repository
(‘‘SDR’’) or the Commission; 7 and (3) if
a security-based swap is subject to
mandatory clearing, transactions in
security-based swaps must be executed
on an exchange or a registered or
exempt security-based swap execution
facility (‘‘security-based SEF’’), unless
no exchange or security-based SEF
makes such security-based swap
available for trading or the securitybased swap transaction is subject to the
clearing exception in Exchange Act
Section 3C(g).8
Title VII seeks to ensure that,
wherever possible and appropriate,
security-based swaps are cleared.9
Exchange Act (‘‘CEA’’) [7 U.S.C. 1a(18)], as redesignated and amended by Section 721 of the
Dodd-Frank Act. In April 2011, the SEC and the
CFTC jointly proposed rules and interpretations to
further define the terms ‘‘swap,’’ ‘‘security-based
swap,’’ and ‘‘security-based swap agreement.’’ See
Further Definition of ‘‘Swap,’’ ‘‘Security-Based
Swap,’’ and ‘‘Security-Based Swap Agreement’’;
Mixed Swaps; Security-Based Swap Agreement
Recordkeeping, Release No. 33–9204 (Apr. 29,
2011), 76 FR 29818 (May 23, 2011), corrected in
Release No. 33–9204A (June 1, 2011), 76 FR 32880
(June 7, 2011). In December 2010, the SEC and the
CFTC jointly proposed rules and interpretations to
further define the terms ‘‘Swap Dealer,’’ ‘‘SecurityBased Swap Dealer,’’ ‘‘Major Swap Participant,’’
‘‘Major Security-Based Swap Participant’’ and
‘‘Eligible Contract Participant.’’ See Further
Definition of ‘‘Swap Dealer,’’ ‘‘Security-Based Swap
Dealer,’’ ‘‘Major Swap Participant,’’ ‘‘Major
Security-Based Swap Participant’’ and ‘‘Eligible
Contract Participant’’, Release No. 34–63452 (Dec.
7, 2010), 75 FR 80174 (Dec. 21, 2010)
(‘‘Intermediaries Definitions Release’’).
6 See Public Law 111–203, § 763(a) (adding
Exchange Act Section 3C [15 U.S.C. 78c–3]).
7 See Public Law 111–203, §§ 763(i) and 766(a)
(adding Exchange Act Sections 13(m)(1)(G) and
13A(a)(1) [15 U.S.C. 78m(m)(1)(G) and 78m–1(a)(1)],
respectively).
8 See Public Law 111–203, § 763(a) (adding
Exchange Act Section 3C [15 U.S.C. 78c–3]). See
also Public Law 111–203, § 761 (adding Exchange
Act Section 3(a)(77) [15 U.S.C. 78c(a)(77)] (defining
the term ‘‘security-based swap execution facility’’)),
and Registration and Regulation of Security-Based
Swap Execution Facilities, Release No. 34–63825
(Feb. 2, 2011) 76 FR 10948 (Feb. 28, 2011)
(‘‘Security-Based SEF Proposing Release’’). See
footnote 12 below for a discussion of the clearing
exception in Exchange Act Section 3C(g) [15 U.S.C.
78c–3(g)].
9 See, e.g., Report of the Senate Committee on
Banking, Housing, and Urban Affairs regarding The
Restoring American Financial Stability Act of 2010,
S. Rep. No. 111–176 at 34 (stating that ‘‘[s]ome parts
of the OTC market may not be suitable for clearing
and exchange trading due to individual business
needs of certain users. Those users should retain
the ability to engage in customized, uncleared
E:\FR\FM\05APR1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Rules and Regulations]
[Pages 20531-20536]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8196]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 400, 401, 404, 405, 406, 413, 414, 415, 417, 420, 431,
433, 435, 437, 440, 460
49 CFR Part 1
[Docket No. FAA-2012-0232; Amendment Nos. 400-3, 401-7, 404-5, 405-5,
406-7, 413-10, 414-2, 415-5, 417-3, 420-5, 431-3, 433-2, 435-2, 437-1,
440-3, 460-1; 1-114; related to Docket Nos. 28851, 43810, FAA-1999-
5535, FAA-1999-5833, FAA-1999-5835, FAA-2000-7953, FAA-2001-8607, FAA-
2005-21332, FAA-2005-23449, FAA-2006-24197, FAA-2007-27390; OST Docket
No. 1]
[RINs 2120-AF99, 2120-AG71, 2120-AG15, 2120-AG72, 2120-AG37, 2120-AH18,
2120-AI50, 2120-AI57, 2120-AI56, 2120-AI88]
Correction of Authority Citations for Commercial Space
Transportation
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Technical amendment.
-----------------------------------------------------------------------
SUMMARY: In 2010, Congress transferred the statute authorizing the
FAA's commercial space transportation regulations. This action is
necessary to correct affected citations in the Code of Federal
Regulations to reflect this transfer of authority. The intended effect
of this action is to make the affected regulations comply with the
statute.
DATES: These amendments become effective April 5, 2012.
FOR FURTHER INFORMATION CONTACT: Laura Montgomery, Senior Attorney for
Commercial Space Transportation, Office of the Chief Counsel,
Regulations Division, AGC-200, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3150; facsimile (202) 267-7971; email laura.montgomery@faa.gov.
SUPPLEMENTARY INFORMATION:
Background
Since 1994, the FAA has operated in the area of commercial space
launch activities under the authority delegated by Congress in 49
U.S.C. chapter 701. See Revision of Title 49, United States Code
Annotated, ``Transportation,'' Public Law 103-272, 108 Stat. 745, 1130
(1994). The FAA implements these regulations through Title 14, Code of
Federal Regulations (14 CFR) chapter III, Commercial Space
Transportation.
In 2010, Congress consolidated commercial space laws into a single,
unified title of the United States Code. See Enactment of Title 51--
National and Commercial Space Programs, Public Law 111-314, 124 Stat.
3328 (2010). Congress' purpose was ``to codify certain existing laws
related to national and commercial space programs as a positive law
title of the United States Code.'' Id. During this process, 49 U.S.C.
chapter 701 was transferred and redesignated as 51 U.S.C. chapter 509.
The recodification makes no substantive changes.
The congressional transfer of authority made a number of citations
in the Code of Federal Regulations obsolete. See 14 CFR chapter III
(2011); 49 CFR 1.47 (2010). This amendment corrects the affected
citations to accurately reference the new citations. This amendment
does not make substantive changes to the affected regulations.
List of Subjects
14 CFR Part 400
Space transportation and exploration.
14 CFR Part 401
Organization and functions (Government agencies), Space safety,
Space transportation and exploration.
14 CFR Part 404
Administrative practice and procedure, Space safety, Space
transportation and exploration.
14 CFR Part 405
Investigations, Penalties, Space safety, Space transportation and
exploration.
14 CFR Part 406
Administrative practice and procedure, Space safety, Space
transportation and exploration.
14 CFR Part 413
Confidential business information, Human space flight, Reporting
and recordkeeping requirements, Space safety, Space transportation and
exploration.
14 CFR Part 414
Airspace, Aviation safety, Space transportation and exploration.
14 CFR Part 415
Aviation safety, Environmental protection, Rockets, Space safety,
Space transportation and exploration.
14 CFR Part 417
Aviation safety, Reporting and recordkeeping requirements, Rockets,
Space safety, Space transportation and exploration.
[[Page 20532]]
14 CFR Part 420
Airspace, Human space flight, Space safety, Space transportation
and exploration.
14 CFR Part 431
Aviation safety, Environmental protection, Human space flight,
Reporting and recordkeeping, Rockets, Space safety, Space
transportation and exploration.
14 CFR Part 433
Aviation safety, Environmental protection, Investigations,
Reporting and recordkeeping requirements, Space transportation and
exploration.
14 CFR Part 435
Aviation safety, Environmental protection, Investigations,
Reporting and recordkeeping requirements, Space safety, Space
transportation and exploration.
14 CFR Part 437
Aviation safety, Airspace, Human space flight, Rockets, Space
safety, Space transportation and exploration.
14 CFR Part 440
Armed forces, Claims, Federal building and facilities, Government
property, Indemnity payments, Insurance, Reporting and recordkeeping
requirements, Rockets, Space transportation and exploration.
14 CFR Part 460
Human space flight, Reporting and recordkeeping requirements,
Rockets, Space safety, Space transportation and exploration.
49 CFR Part 1
Authority delegations (Government agencies), Organizations and
functions (Government agencies).
The Amendments
In consideration of the foregoing, the Federal Aviation
Administration amends chapter III of title 14, Code of Federal
Regulations, and subtitle A of title 49, Code of Federal Regulations,
as follows:
Title 14--Aeronautics and Space
CHAPTER III--COMMERCIAL SPACE TRANSPORTATION, FEDERAL AVIATION
ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
PART 400--BASIS AND SCOPE
0
1. The authority citation for part 400 is revised to read as follows:
Authority: 51 U.S.C. 50901-50923.
0
2. Revise Sec. 400.2 to read as follows:
Sec. 400.2 Scope.
The regulations in this part set forth the procedures and
requirements applicable to the authorization and supervision under 51
U.S.C. Subtitle V, chapter 509, of commercial space transportation
activities conducted in the United States or by a U.S. citizen. The
regulations in this chapter do not apply to amateur rockets activities,
as defined in 14 CFR 1.1, or to space activities carried out by the
United States Government on behalf of the United States Government.
PART 401--ORGANIZATION AND DEFINITIONS
0
3. The authority citation for part 401 is revised to read as follows:
Authority: 51 U.S.C. 50101-50923.
0
4. Revise the definitions of ``act'' and ``operator'' in Sec. 401.5 to
read as follows:
Sec. 401.5 Definitions.
* * * * *
Act means 51 U.S.C Subtitle V, Programs Targeting Commercial
Opportunities, chapter 509--Commercial Space Launch Activities, 51
U.S.C. 50901-50923.
* * * * *
Operator means a holder of a license or permit under 51 U.S.C.
Subtitle V, chapter 509.
* * * * *
PART 404--REGULATIONS AND LICENSING REQUIREMENTS
0
5. The authority citation for part 404 is revised to read as follows:
Authority: 51 U.S.C. 50901-50923.
0
6. Revise Sec. 404.1 to read as follows:
Sec. 404.1 Scope.
This part establishes procedures for issuing regulations to
implement 51 U.S.C. Subtitle V, chapter 509, and for eliminating or
waiving requirements for licensing or permitting of commercial space
transportation activities under that statute.
PART 405--INVESTIGATIONS AND ENFORCEMENT
0
7. The authority citation for part 405 is revised to read as follows:
Authority: 51 U.S.C. 50901-50923.
PART 406--INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW
0
8. The authority citation for part 406 is revised to read as follows:
Authority: 51 U.S.C. 50901-50923.
0
9. Revise Sec. 406.1(a) introductory text to read as follows:
Sec. 406.1 Hearings in license, permit, and payload actions.
(a) Pursuant to 51 U.S.C. 50912, the following are entitled to a
determination on the record after an opportunity for a hearing in
accordance with 5 U.S.C. 554.
* * * * *
0
10. Revise Sec. 406.9(a) to read as follows:
Sec. 406.9 Civil penalties.
(a) Civil penalty liability. Under 51 U.S.C. 50917(c), a person
found by the FAA to have violated a requirement of the Act, a
regulation issued under the Act, or any term or condition of a license
or permit issued or transferred under the Act, is liable to the United
States for a civil penalty of not more than $110,000 for each
violation, as adjusted for inflation. A separate violation occurs for
each day the violation continues.
* * * * *
0
11. Revise Sec. 406.117(b), (c)(2), and (c)(3) to read as follows:
Sec. 406.117 Confidential information.
* * * * *
(b) Marked information not made public. If a party files a document
in a sealed envelope clearly marked ``CONFIDENTIAL'' the document may
not be made available to the public unless and until the administrative
law judge or the FAA decisionmaker decides it may be made available to
the public in accordance with 51 U.S.C. 50916.
(c) * * *
(2) If the party claims that the information is protected under 51
U.S.C. 50916, and if both the complainant and the respondent agree that
the information is protected under that section, the administrative law
judge must grant the motion. If one party does not agree that the
information is protected under 51 U.S.C. 50916 the administrative law
judge must decide. Either party may file an interlocutory appeal of
right under Sec. 406.173(c).
(3) If the party claims that the information should be protected on
grounds other than those provided by 51 U.S.C. 50916 the administrative
law judge must grant the motion if, based on the motion and any
response to the motion, the administrative law judge determines that
disclosure would be detrimental to safety, disclosure would not be in
the public interest, or that the information is not otherwise required
to be made available to the public.
* * * * *
[[Page 20533]]
0
12. Revise Sec. 406.159(c) to read as follows:
Sec. 406.159 Subpoenas.
* * * * *
(c) Enforcement of subpoena. Upon a showing that a person has
failed or refused to comply with a subpoena, the Secretary may apply to
the appropriate district court of the United States to seek enforcement
of the subpoena in accordance with 51 U.S.C. 50917(c). A party may
request the Secretary to seek such enforcement.
0
13. Revise Sec. 406.173(c)(3) to read as follows:
Sec. 406.173 Interlocutory appeals.
* * * * *
(c) * * *
(3) Failure of the administrative law judge to grant a motion for a
confidentiality order based on 51 U.S.C. 50916, under Sec.
406.117(c)(2).
* * * * *
PART 413--LICENSE APPLICATION PROCEDURES
0
14. The authority citation for part 413 is revised to read as follows:
Authority: 51 U.S.C. 50901-50923.
PART 414--SAFETY APPROVALS
0
15. The authority citation for part 414 is revised to read as follows:
Authority: 51 U.S.C. 50901-50923.
PART 415--LAUNCH LICENSE
0
16. The authority citation for part 415 is revised to read as follows:
Authority: 51 U.S.C. 50901-50923.
PART 417--LAUNCH SAFETY
0
17. The authority citation for part 417 is revised to read as follows:
Authority: 51 U.S.C. 50901-50923.
PART 420--LICENSE TO OPERATE A LAUNCH SITE
0
18. The authority citation for part 420 is revised to read as follows:
Authority: 51 U.S.C. 50901-50923.
0
19. Revise Sec. 420.41(a) to read as follows:
Sec. 420.41 License to operate a launch site--general.
(a) A license to operate a launch site authorizes a licensee to
operate a launch site in accordance with the representations contained
in the licensee's application, with terms and conditions contained in
any license order accompanying the license, and subject to the
licensee's compliance with 51 U.S.C. Subtitle V, chapter 509 and this
chapter.
* * * * *
0
20. Revise Sec. 420.51(b) to read as follows:
Sec. 420.51 Responsibilities--general.
* * * * *
(b) A licensee is responsible for compliance with 51 U.S.C.
Subtitle V, chapter 509 and for meeting the requirements of this
chapter.
PART 431--LAUNCH AND REENTRY OF A RESUSABLE LAUNCH VEHICLE (RLV)
0
21. The authority citation for part 431 is revised to read as follows:
Authority: 51 U.S.C. 50901-50923.
0
22. Revise Sec. 431.11 to read as follows:
Sec. 431.11 Additional license terms and conditions.
The FAA may amend an RLV mission license at any time by modifying
or adding license terms and conditions to ensure compliance with 51
U.S.C. Subtitle V, chapter 509, and applicable regulations.
PART 433--LICENSE TO OPERATE A REENTRY SITE
0
23. The authority citation for part 433 is revised to read as follows:
Authority: 51 U.S.C. 50901-50923.
PART 435--REENTRY OF A REENTRY VEHICLE OTHER THAN A REUSABLE LAUNCH
VEHICLE
0
24. The authority citation for part 435 is revised to read as follows:
Authority: 51 U.S.C. 50901-50923.
0
25. Revise Sec. 435.11 to read as follows:
Sec. 435.11 Additional license terms and conditions.
The FAA may amend a reentry license at any time by modifying or
adding license terms and conditions to ensure compliance with 51 U.S.C.
Subtitle V, chapter 509, and applicable regulations.
PART 437--EXPERIMENTAL PERMITS
0
26. The authority citation for part 437 is revised to read as follows:
Authority: 51 U.S.C. 50901-50923.
0
27. Revise Sec. 437.13 to read as follows:
Sec. 437.13 Additional experimental permit terms and conditions.
The FAA may modify an experimental permit at any time by modifying
or adding permit terms and conditions to ensure compliance with 51
U.S.C. Subtitle V, chapter 509.
PART 440--FINANCIAL RESPONSIBILITY
0
28. The authority citation for part 440 is revised to read as follows:
Authority: 51 U.S.C. 50901-50923.
0
29. Revise the introductory text and definition of ``financial
responsibility'' in Sec. 440.3 to read as follows:
Sec. 440.3 Definitions.
Except as otherwise provided in this section, any term used in this
part and defined in 51 U.S.C. 50901-50923, or in Sec. 401.5 of this
chapter shall have the meaning contained therein. For purposes of this
part--
* * * * *
Financial responsibility means capable of satisfying a liability
obligation as required by 51 U.S.C Subtitle V, chapter 509.
* * * * *
0
30. Revise Sec. 440.5(c)(2) to read as follows:
Sec. 440.5 General.
* * * * *
(c) * * *
(2) Any covered claim of a third party for bodily injury or
property damage arising out of any particular licensed activity exceeds
the amount of financial responsibility required under Sec. 440.9(c) of
this part and does not exceed $1,500,000,000 (as adjusted for inflation
occurring after January 1, 1989) above such amount, and are payable
pursuant to 51 U.S.C. 50915 and Sec. 440.19 of this part. A claim of
an employee of any entity listed in paragraphs (1)(ii) through (1)(iii)
in the Third party definition in Sec. 440.3 of this part for bodily
injury or property damage is not a covered claim;
* * * * *
0
31. Revise Sec. 440.15(b) and (c)(1)(iii) to read as follows:
Sec. 440.15 Demonstration of compliance.
* * * * *
(b) Upon a complete demonstration of compliance with financial
responsibility and allocation of risk requirements under this part, the
requirements of this part shall preempt each and any provision in any
agreement between the licensee or permittee and an agency of the United
States governing access to or use of United States launch or reentry
property or launch or reentry services for a licensed or permitted
activity which addresses financial responsibility, allocation of risk
and
[[Page 20534]]
related matters covered by 51 U.S.C. 50914, 50915.
* * * * *
(c) * * *
(1) * * *
(iii) In the event of any policy exclusions or limitations of
coverage that may be considered usual under Sec. 440.19(c), or for
purposes of implementing the Government's waiver of claims for property
damage under 51 U.S.C. 50914(b), certifying that insurance covering the
excluded risks is not commercially available at reasonable cost; and
* * * * *
0
32. Revise Sec. 440.19(a), (d), (e) introductory text, and (f)(1) to
read as follows:
Sec. 440.19 United States payment of excess third-party liability
claims.
(a) The United States pays successful covered claims (including
reasonable expenses of litigation or settlement) of a third party
against a licensee, a customer, and the contractors and subcontractors
of the licensee and the customer, and the employees of each involved in
licensed activities, and the contractors and subcontractors of the
United States and its agencies, and their employees, involved in
licensed activities to the extent provided in an appropriation law or
other legislative authority providing for payment of claims in
accordance with 51 U.S.C. 50915, and to the extent the total amount of
such covered claims arising out of any particular launch or reentry:
* * * * *
(d) Upon the expiration of the policy period prescribed in
accordance with Sec. 440.11(a), the United States shall provide for
payment of claims that are payable under 51 U.S.C. 50915 from the first
dollar of loss up to $1,500,000,000 (as adjusted for inflation
occurring after January 1, 1989).
(e) Payment by the United States of excess third-party claims under
51 U.S.C. 50915 shall be subject to:
* * * * *
(f) * * *
(1) Prepare a compensation plan outlining the total amount of
claims and meeting the requirements set forth in 51 U.S.C. 50915;
* * * * *
0
33. Revise Appendix D to part 440 to read as follows:
Appendix D to Part 440--Agreement for Waiver of Claims and Assumption
of Responsibility for a Crew Member
THIS AGREEMENT is entered into this ---- day of --------, by and
among [name of Crew Member] (the ``Crew Member'') and the Federal
Aviation Administration of the Department of Transportation, on
behalf of the United States Government (collectively, the
``Parties''), to implement the provisions of section 440.17(f) of
the Commercial Space Transportation Licensing Regulations, 14 CFR
chapter III (the ``Regulations''). This agreement applies to the
Crew Member's participation in activities that the FAA has
authorized by license or permit during the Crew Member's employment
with [Name of licensee or permittee].
In consideration of the mutual releases and promises contained
herein, the Parties hereby agree as follows:
1. Definitions
Crew Member means:
(a) The above-named Crew Member,
(b) All the heirs, administrators, executors, assignees, next of
kin, and estate of the above-named Crew Member, and
(c) Anyone who attempts to bring a claim on behalf of the Crew
Member or for damage or harm arising out of the Bodily Injury,
including Death, of the Crew Member.
License/Permit means License/Permit No. -------- issued on ----
----, by the Associate Administrator for Commercial Space
Transportation, Federal Aviation Administration, Department of
Transportation, to the Licensee/Permittee, including all license/
permit orders issued in connection with the License/Permit.
Licensee/Permittee means the Licensee/Permittee and any
transferee of the Licensee under 51 U.S.C. Subtitle V, chapter 509.
United States means the United States and its agencies involved
in Licensed/Permitted Activities.
Except as otherwise defined herein, terms used in this Agreement
and defined in 51 U.S.C. Subtitle V, chapter 509--Commercial Space
Launch Activities, or in the Regulations, shall have the same
meaning as contained in 51 U.S.C. Subtitle V, chapter 509, or the
Regulations, respectively.
2. Waiver and Release of Claims
(a) Crew Member hereby waives and releases claims it may have
against the United States, and against its respective Contractors
and Subcontractors, for Bodily Injury, including Death, or Property
Damage sustained by Crew Member, resulting from Licensed/Permitted
Activities, regardless of fault.
(b) The United States hereby waives and releases claims it may
have against the Crew Member for Property Damage it sustains, and
for Bodily Injury, including Death, or Property Damage sustained by
its own employees, resulting from Licensed/Permitted Activities,
regardless of fault.
3. Assumption of Responsibility
(a) The Crew Member shall be responsible for Bodily Injury,
including Death, or Property Damage sustained by Crew Member,
resulting from Licensed/Permitted Activities, regardless of fault.
The Crew Member shall hold harmless the United States, and the
Contractors and Subcontractors of each Party, for Bodily Injury,
including Death, or Property Damage sustained by Crew Member,
resulting from Licensed/Permitted Activities, regardless of fault.
(b) The United States shall be responsible for Property Damage
it sustains, and for Bodily Injury, including Death, or Property
Damage sustained by its own employees, resulting from Licensed
Activities, regardless of fault, to the extent that claims it would
otherwise have for such damage or injury exceed the amount of
insurance or demonstration of financial responsibility required
under sections 440.9(c) and (e), respectively, of the Regulations.
(c) The United States shall be responsible for Property Damage
it sustains, resulting from Permitted Activities, regardless of
fault, to the extent that claims it would otherwise have for such
damage exceed the amount of insurance or demonstration of financial
responsibility required under section 440.9(e) of the Regulations.
4. Extension of Assumption of Responsibility and Waiver and Release of
Claims
(a) The United States shall extend the requirements of the
waiver and release of claims, and the assumption of responsibility
as set forth in paragraphs 2(b) and 3(b), respectively, to its
Contractors and Subcontractors by requiring them to waive and
release all claims they may have against Crew Member and to agree to
be responsible, for any Property Damage the Contractors and
Subcontractors sustain and for any Bodily Injury, including Death,
or Property Damage sustained by their own employees, resulting from
Licensed Activities, regardless of fault.
(b) The United States shall extend the requirements of the
waiver and release of claims, and the assumption of responsibility
as set forth in paragraphs 2(b) and 3(c), respectively, to its
Contractors and Subcontractors by requiring them to waive and
release all claims the Contractors and Subcontractors may have
against Crew Member and to agree to be responsible, for any Property
Damage they sustain, resulting from Permitted Activities, regardless
of fault.
5. Indemnification
Crew Member shall hold harmless and indemnify the United States
and its agencies, servants, agents, subsidiaries, employees and
assignees, or any of them, from and against liability, loss, or
damage arising out of claims brought by anyone for Property Damage
or Bodily Injury, including Death, sustained by Crew Member,
resulting from Licensed/Permitted Activities.
6. Assurances Under 51 U.S.C. 50914(e)
Notwithstanding any provision of this Agreement to the contrary,
Crew Member shall hold harmless the United States and its agencies,
servants, agents, employees and assignees, or any of them, from and
against liability, loss or damage arising out of claims for Bodily
Injury, including Death, or Property Damage, sustained by Crew
Member, resulting from Licensed/Permitted Activities, regardless of
fault, except to the extent that, as provided in section 6(b) of
this Agreement, claims result from willful misconduct of the United
States or its agents.
7. Miscellaneous
(a) Nothing contained herein shall be construed as a waiver or
release by the United States of any claim by an employee of the
United States, respectively, including
[[Page 20535]]
a member of the Armed Forces of the United States, for Bodily Injury
or Property Damage, resulting from Licensed/Permitted Activities.
(b) Notwithstanding any provision of this Agreement to the
contrary, any waiver, release, assumption of responsibility or
agreement to hold harmless herein shall not apply to claims for
Bodily Injury, including Death, or Property Damage resulting from
willful misconduct of any of the Parties, the Contractors and
Subcontractors of any of the Parties, and in the case of the United
States, its agents.
(c) This Agreement shall be governed by and construed in
accordance with United States Federal law.
In witness whereof, the Parties to this Agreement have caused
the Agreement to be duly executed by their respective duly
authorized representatives as of the date written above.
I [name of Crew Member] have read and understand this agreement
and agree that I am bound by it.
Crew Member
Signature:-------------------------------------------------------------
Printed Name:----------------------------------------------------------
Federal Aviation Administration of the Department of Transportation
on Behalf of the United States Government
By:--------------------------------------------------------------------
Its:-------------------------------------------------------------------
Associate Administrator for Commercial Space Transportation
0
34. Revise Appendix E to part 440 to read as follows:
Appendix E to Part 440--Agreement for Waiver of Claims and Assumption
of Responsibility for a Space Flight Participant
This agreement is entered into this ---- day of --------, by and
among [name of Space Flight Participant] (the ``Space Flight
Participant'') and the Federal Aviation Administration of the
Department of Transportation, on behalf of the United States
Government (collectively, the ``Parties''), to implement the
provisions of section 440.17(e) of the Commercial Space
Transportation Licensing Regulations, 14 CFR chapter III (the
``Regulations''). This agreement applies to Space Flight
Participant's travel on [name of launch or reentry vehicle] of [name
of Licensee or Permittee]. In consideration of the mutual releases
and promises contained herein, the Parties hereby agree as follows:
1. Definitions
Space Flight Participant means
(a) The above-named Space Flight Participant,
(b) All the heirs, administrators, executors, assignees, next of
kin, and estate of the above-named Space Flight Participant, and
(c) Anyone who attempts to bring a claim on behalf of the Space
Flight Participant or for damage or harm arising out of the Bodily
Injury, including Death, of the Space Flight Participant.
License/Permit means License/Permit No. -------- issued on ----
----, by the Associate Administrator for Commercial Space
Transportation, Federal Aviation Administration, Department of
Transportation, to the Licensee/Permittee, including all license/
permit orders issued in connection with the License/Permit.
Licensee/Permittee means the Licensee/Permittee and any
transferee of the Licensee under 51 U.S.C. Subtitle V, chapter 509.
United States means the United States and its agencies involved
in Licensed/Permitted Activities.
Except as otherwise defined herein, terms used in this Agreement
and defined in 51 U.S.C. Subtitle V, chapter 509--Commercial Space
Launch Activities, or in the Regulations, shall have the same
meaning as contained in 51 U.S.C. Subtitle V, chapter 509, or the
Regulations, respectively.
2. Waiver and Release of Claims
(a) Space Flight Participant hereby waives and releases claims
it may have against the United States, and against its respective
Contractors and Subcontractors, for Bodily Injury, including Death,
or Property Damage sustained by Space Flight Participant, resulting
from Licensed/Permitted Activities, regardless of fault.
(b) The United States hereby waives and releases claims it may
have against Space Flight Participant for Property Damage it
sustains, and for Bodily Injury, including Death, or Property Damage
sustained by its own employees, resulting from Licensed/Permitted
Activities, regardless of fault.
3. Assumption of Responsibility
(a) Space Flight Participant shall be responsible for Bodily
Injury, including Death, or Property Damage sustained by the Space
Flight Participant resulting from Licensed/Permitted Activities,
regardless of fault. Space Flight Participant shall hold harmless
the United States, and its Contractors and Subcontractors, for
Bodily Injury, including Death, or Property Damage sustained by
Space Flight Participant from Licensed/Permitted Activities,
regardless of fault.
(b) The United States shall be responsible for Property Damage
it sustains, and for Bodily Injury, including Death, or Property
Damage sustained by its own employees, resulting from Licensed
Activities, regardless of fault, to the extent that claims it would
otherwise have for such damage or injury exceed the amount of
insurance or demonstration of financial responsibility required
under sections 440.9(c) and (e), respectively, of the Regulations.
(c) The United States shall be responsible for Property Damage
it sustains, resulting from Permitted Activities, regardless of
fault, to the extent that claims it would otherwise have for such
damage exceed the amount of insurance or demonstration of financial
responsibility required under section 440.9(e) of the Regulations.
4. Extension of Assumption of Responsibility and Waiver and Release of
Claims
(a) The United States shall extend the requirements of the
waiver and release of claims, and the assumption of responsibility
as set forth in paragraphs 2(b) and 3(b), respectively, to its
Contractors and Subcontractors by requiring them to waive and
release all claims they may have against Space Flight Participant,
and to agree to be responsible, for any Property Damage they sustain
and for any Bodily Injury, including Death, or Property Damage
sustained by their own employees, resulting from Licensed
Activities, regardless of fault.
(b) The United States shall extend the requirements of the
waiver and release of claims, and the assumption of responsibility
as set forth in paragraphs 2(b) and 3(c), respectively, to its
Contractors and Subcontractors by requiring them to waive and
release all claims they may have against Space Flight Participant,
and to agree to be responsible, for any Property Damage the
Contractors and Subcontractors sustain, resulting from Permitted
Activities, regardless of fault.
5. Indemnification
Space Flight Participant shall hold harmless and indemnify the
United States and its agencies, servants, agents, subsidiaries,
employees and assignees, or any of them, from and against liability,
loss or damage arising out of claims brought by anyone for Property
Damage or Bodily Injury, including Death, sustained by Space Flight
Participant, resulting from Licensed/Permitted Activities.
6. Assurances Under 51 U.S.C. 50914(e)
Notwithstanding any provision of this Agreement to the contrary,
Space Flight Participant shall hold harmless the United States and
its agencies, servants, agents, employees and assignees, or any of
them, from and against liability, loss or damage arising out of
claims for Bodily Injury, including Death, or Property Damage,
sustained by Space Flight Participant, resulting from Licensed/
Permitted Activities, regardless of fault, except to the extent
that, as provided in section 6(b) of this Agreement, claims result
from willful misconduct of the United States or its agents.
7. Miscellaneous
(a) Nothing contained herein shall be construed as a waiver or
release by the United States of any claim by an employee of the
United States, respectively, including a member of the Armed Forces
of the United States, for Bodily Injury or Property Damage,
resulting from Licensed/Permitted Activities.
(b) Notwithstanding any provision of this Agreement to the
contrary, any waiver, release, assumption of responsibility or
agreement to hold harmless herein shall not apply to claims for
Bodily Injury, including Death, or Property Damage resulting from
willful misconduct of any of the Parties, the Contractors,
Subcontractors, and agents of the United States, and Space Flight
Participant.
(c) This Agreement shall be governed by and construed in
accordance with United States Federal law.
In witness whereof, the Parties to this Agreement have caused
the Agreement to be duly executed by their respective duly
authorized representatives as of the date written above.
I [name of Space Flight Participant] have read and understand
this agreement and agree that I am bound by it.
[[Page 20536]]
Space Flight Participant
Signature:-------------------------------------------------------------
Printed Name:----------------------------------------------------------
Federal Aviation Administration of the Department of Transportation
on Behalf of the United States Government
By:--------------------------------------------------------------------
Its:-------------------------------------------------------------------
Associate Administrator for Commercial Space Transportation
PART 460--HUMAN SPACE FLIGHT REQUIREMENTS
0
35. The authority citation for part 460 is revised to read as follows:
Authority: 51 U.S.C. 50901-50923.
Title 49--Transportation
Subtitle A--Office of the Secretary of Transportation
PART 1--ORGANIZATION AND DELEGATION OF POWERS AND DUTIES
0
36. The authority citation for part 1 continues to read as follows:
Authority: 49 U.S.C. 322; 46 U.S.C. 2104(a); 28 U.S.C. 2672; 31
U.S.C. 3711(a)(2); Pub. L. 101-552, 104 Stat. 2736; Pub. L. 106-159,
113 Stat. 1748; Pub. L. 107-71, 115 Stat. 597; Pub. L. 107-295, 116
Stat. 2064; Pub. L. 108-136, 117 Stat. 1392; Pub. L. 101-115, 103
Stat. 691; Pub. L. 108-293, 118 Stat. 1028; Pub. L. 109-364, 120
Stat. 2083; Pub. L. 110-140, 121 Stat. 1492; Pub. L. 110-432, 122
Stat. 4848.
0
37. Revise Sec. 1.47(v) to read as follows:
Sec. 1.47 Delegations to Federal Aviation Administrator.
* * * * *
(v) Carry out the functions vested in the Secretary by 51 U.S.C.
Subtitle V.
* * * * *
Issued in Washington, DC, on March 25, 2012.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2012-8196 Filed 4-4-12; 8:45 am]
BILLING CODE 4910-13-P
