51 U.S.C. § 50912

Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]

Section 50912 - Administrative hearings and judicial review

(a) ADMINISTRATIVE HEARINGS.-The Secretary of Transportation shall provide an opportunity for a hearing on the record to-

(1) an applicant under this chapter, for a decision of the Secretary under section 50905(a) or 50906 of this title to issue or transfer a license with terms or deny the issuance or transfer of a license;

(2) an owner or operator of a payload under this chapter, for a decision of the Secretary under section 50904(c) of this title to prevent the launch or reentry of the payload; and

(3) a licensee under this chapter, for a decision of the Secretary under-

(A) section 50908(b) or (c) of this title to modify, suspend, or revoke a license; or

(B) section 50909(a) of this title to prohibit, suspend, or end a launch or operation of a launch site or reentry site, or reentry of a reentry vehicle, licensed by the Secretary.

(b) JUDICIAL REVIEW.-A final action of the Secretary under this chapter is subject to judicial review as provided in chapter 7 of title 5.

51 U.S.C. § 50912

Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1335, §70110 of title 49; Pub. L. 105-303, title I, §102(a)(10), Oct. 28, 1998, 112 Stat. 2849; Pub. L. 108-492, §2(c)(20), Dec. 23, 2004, 118 Stat. 3981; renumbered §70110 then §50912 of title 51 and amended Pub. L. 111-314, §4(d)(2), (3) (L), (5)(M)-(P), Dec. 18, 2010, 124 Stat. 3440-3442.

HISTORICAL AND REVISION NOTES
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
70110(a)(1)	49 App.:2611(a)(1) (1st sentence).	Oct. 30, 1984, Pub. L. 98-575, §12, 98 Stat. 3060.
70110(a)(2)	49 App.:2611(a)(1) (last sentence).
70110(a)(3)	49 App.:2611(a)(2).
70110(b)	49 App.:2611(b).

In subsection (a), before clause (1), the words "The Secretary of Transportation shall provide an opportunity for a hearing on the record to" are substituted for "shall be entitled to a determination on the record after an opportunity for a hearing" for consistency in the revised title. The words "in accordance with section 554 of title 5" are omitted for consistency and because 5:554 applies to a hearing on the record unless otherwise stated. In clause (1), the words "and a proposed transferee of a license" are omitted as being included in "applicant".In subsection (b), the words "to issue, transfer, deny the issuance or transfer of, suspend, revoke, or modify a license or to terminate, prohibit, or suspend any launch or operation of a launch site licensed by the Secretary or to prevent the launch of a payload" are omitted as surplus.

EDITORIAL NOTES

AMENDMENTS2010- Pub. L. 111-314, §4(d)(2), (3) (L), successively renumbered section 70110 of title 49 and section 70110 of this title as this section.Subsec. (a)(1). Pub. L. 111-314, §4(d)(5)(M), substituted "section 50905(a) or 50906" for "section 70105(a) or 70105a".Subsec. (a)(2). Pub. L. 111-314, §4(d)(5)(N), substituted "section 50904(c)" for "section 70104(c)".Subsec. (a)(3)(A). Pub. L. 111-314, §4(d)(5)(O), substituted "section 50908(b) or (c)" for "section 70107(b) or (c)".Subsec. (a)(3)(B). Pub. L. 111-314, §4(d)(5)(P), substituted "section 50909(a)" for "section 70108(a)".2004-Subsec. (a)(1). Pub. L. 108-492 inserted "or 70105a" after "70105(a)". 1998-Subsec. (a)(2). Pub. L. 105-303, §102(a)(10)(A), inserted "or reentry" after "prevent the launch".Subsec. (a)(3)(B). Pub. L. 105-303, §102(a)(10)(B), inserted "or reentry site, or reentry of a reentry vehicle," after "operation of a launch site"

launch site: "launch site" means the location on Earth from which a launch takes place (as defined in a license the Secretary issues or transfers under this chapter) and necessary facilities at that location.
launch: "launch" means to place or try to place a launch vehicle or reentry vehicle and any payload or human being from Earth-(A) in a suborbital trajectory;(B) in Earth orbit in outer space; or(C) otherwise in outer space,including activities involved in the preparation of a launch vehicle or payload for launch, when those activities take place at a launch site in the United States.
payload: "payload" means an object that a person undertakes to place in outer space by means of a launch vehicle or reentry vehicle, including components of the vehicle specifically designed or adapted for that object.
reentry: "reenter" and "reentry" mean to return or attempt to return, purposefully, a reentry vehicle and its payload or human beings, if any, from Earth orbit or from outer space to Earth.
reentry site: "reentry site" means the location on Earth to which a reentry vehicle is intended to return (as defined in a license the Secretary issues or transfers under this chapter).
reentry vehicle: "reentry vehicle" means a vehicle designed to return from Earth orbit or outer space to Earth, or a reusable launch vehicle designed to return from Earth orbit or outer space to Earth, substantially intact.