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Comm Space Launch act

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    1 photo by: www.universetoday.com

    http://www.universetoday.com/http://www.universetoday.com/http://www.universetoday.com/
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    FINDINGS AND PURPOSE

    Congress found and declared that:

    the peaceful use of outer space continues to be important.

    growth of the private space technology and more potential growth in the

    future.

    the private sector in the United States is capable to develop and provide

    private satellite launching and associated services.

    the development of commercial launch activities would enable the United

    States to retain its competitive position internationally.

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    provision of commercial launch services is consistent with United States

    interests and would be facilitated by stable minimal, and appropriateregulatory guidelines.

    the united states should encourage private sector launches and associated

    services yet needs to regulate such services in order to ensure compliance

    with international obligations of the United States and to protect the public

    health and safety, safety of property, national security and foreign policyinterests. ( US interests )

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    Purpose of the act:

    promote economic growth.

    encourage the United States private sector to provide space launching by

    facilitating the issuance and transfer of commercial launch licenses.

    to designate an executive department to oversee and coordinate the conductof commercial launch operations and to issue and transfer licenses.

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    Requirement of license for private space launch operations:

    Within the United States: No one shall launch or operate a launch site

    unless authorized by a license issued or transferred under this act.

    Anywhere else in the world: No United States citizen (person or

    corporation) shall launch a launch vehicle or operate a launch site unless

    authorized by license issued or transferred under this Act !

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    The holder of a launch license under this act shall not launch a payload

    unless that payload complies with the requirements of the relevant federal

    law.

    The Secretary according to this act has the upper hand in the licenses

    requirement with the authority to issue and transfer licenses.

    Requirements for the licenses :

    All federal law requirements which apply to the launch of a launch vehicle

    or the operation of a launch site are also requirements for a license under

    this act.

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    However, if the Secretary determines (after consulting the appropriate

    agency) that any requirement is not necessary, the Secretary may by

    regulation provide that such requirement shall not be required for a licenseunder this act.

    The Secretary may prescribe additional requirements necessary to protect

    the US interests.

    The Secretary may (in individual cases) waive the application of anyrequirement for a license, if the Secretary determines that such waiver is in

    the public interest and will not jeopardize the US interests.

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    The License:

    anyone may apply to the secretary for issuance or transfer.

    the secretary prescribes the manner for the application and any relatedprocedures.

    The secretary issues or transfer the license after the secretary determines in

    writing that the applicant complies and will continue to comply with the

    requirements.

    Secretary should inform the applicant of any pending issues after 120 days

    of receipt of application and shall make a determination not later than 180

    days after receipt of the application.

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    The Secretary may suspendor revoke any license issued or transferred

    under this act if the secretary finds:

    1-that the licensee has: substantially failed to comply with any

    requirement of this act, or any regulation issued under this act, Or,

    2- that the suspension or revocation is necessary to protect the US interests.

    Unless otherwise specified by the secretary, any revocation or suspension

    under this act shall take effect immediately and continue in effect during

    any review of such action.

    Secretary shall notify the licensee in writing in the events of suspension or

    revocation of license.

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    More power to the Secretary! Emergency orders:

    The secretary may terminate, prohibit, or suspend immediately the launch

    of a launch vehicle or the operation of a launch site that is licensed if thesecretary determines that such activity is detrimental to the US interests.

    any order by the secretary shall take effect immediately and continue in

    effect during any review of such order.

    Judicial review: applicants under this act shall be entitled to a determinationon the record after an opportunist for a hearing of any decision of the

    secretary. Any final action of the secretary under this act shall be subject to

    judicial review.

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    Monitoring of licensees:

    Each license issued or transferred under this act shall require the licensee to:

    Allow the secretary to place federal officers or employees or other

    individuals at any launch site, production facility or assembly site used by

    the licensee or any of his contractors or at any site where a payload is

    integrated with a launch vehicle, In order to monitor the activities of the

    licensee or the contractor to such extent that the secretary finds reasonable

    and necessary.

    licensee shall cooperate with such observers in the performance of their

    job.

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    Liability insurance:

    Each licensee under this act shallhave in effect liability insurance at least in

    such amount considered by the secretary to be necessary for such operation,considering the international obligations of the United States.

    Secretary shall prescribe such amount after consultation with the attorney

    general and other appropriate agencies.

    Enforcement authority of this act: the secretary who may also delegate theauthority to any officer or employee of the dep. of transportation or to any

    officer or employee of any other agency with the approval of the head of

    that agency.

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    In carrying out the authority section the secretary may:

    make investigations, take information from any person under oath

    concerning any matter relating to the enforcement of this act.

    enter at any reasonable time any launch site, production facility or assembly

    site of a launch vehicle or any site where a payload is integrated with a

    launch vehicle, for the purpose of inspecting any object which is a subject to

    this act or any relevant records.

    seize any such object, record, or report where there is a probable cause to

    believe that it was used, is being used or is likely to be used in violation of

    this act.

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    It is unlawful to violate the requirements of this act or any regulation issued

    under it. The violators may be subject to civil penalties.(set out in sec 19.)

    This act is a federal law (sec 21).

    a launch vehicle or payload shall not be considered an export.

    This act shall not apply to activities carried by the United States on behalf of

    the United States ( so only commercial activities ).

    The Secretary shall carry out this act consistent with any obligation

    assumed by the United States in any treaty in forcebetween the United

    States and any foreign nation.

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    OVERVIEW

    The act talks about the desire to encourage commercial space activities by

    facilitating and enabling the commercial launchers,but then places so muchregulations and requirements for them to comply with.

    Balancing effect between regulations/control and encouraging the business.

    Captain Ken Ham Rules are written in blood!

    Questions?!

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    LIABILITY UNDER COMMERCIAL SPACE LAUNCH ACT

    The Commercial Space Launch Act Amendments of 1988 established a tiered risk-sharing regime for third-party liabilities associated with commercial space launch.

    The purpose of the regime is to limit the liability of the launch companies (and thegovernment) for claims made by the uninvolved public.

    How is this different than the liability convention?

    In the liability convention the launching Stateis strictly liable with no cap limit onthe compensation.

    now back to the 3 tiers system for compensation for commercial launches:

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    ...

    1- Required Insurance

    2- Indemnification by the US government.

    3- Licensee must compensate by his own (or private insurance).

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    The first tier is the responsibility of the launch provider. As part of the FAAlicensure process for the launch, the provider must purchase insurance that coversthird parties, including the government, for injury, loss or damage up to a limit of$500 million. That limit on the statutory ceiling is determined by FAA as the

    maximum probable loss (MPL).

    The second tier is the indemnification portion. If a successful claim were to be inexcess of the maximum probable loss, the government is authorized to pay, subjectto appropriation, an amount up to a total of $1.5 billion in claims over the first tier.This ceiling is adjusted for inflation and represents approximately $2.7 billion as of2012.

    The final tier is the responsibility of the launch provider. The company or legallyresponsible party is liable for claims in excess of the maximum probable loss andthe authorized $2.7 billion indemnification.


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