REG 14 CFR PART 450-2006 FINANCIAL RESPONSIBILITY.pdf

1、596 14 CFR Ch. III (1106 Edition) Pt. 450 6. ASSURANCES UNDER 49 U.S.C. 70112(E) Notwithstanding any provision of this Agreement to the contrary, Licensee shall hold harmless and indemnify the United States and its agencies, servants, agents, employees and assignees, or any of them, from and against

2、 liability, loss or damage arising out of claims for Bodily Injury or Property Damage, resulting from Licensed Launch Activities, regardless of fault, except to the extent that: (i) as provided in section 7(b) of this Agreement, claims result from willful misconduct of the United States or its agent

3、s; (ii) claims for Property Damage sustained by the United States or its Con-tractors and Subcontractors exceed the amount of insurance or demonstration of fi-nancial responsibility required under section 440.9(e) of the Regulations (14 CFR 440.9(e); (iii) claims by a Third Party for Bodily In-jury

4、or Property Damage exceed the amount of insurance or demonstration of financial responsibility required under section 440.9(c) of the Regulations (14 CFR 440.9(c), and do not exceed $1,500,000,000 (as adjusted for in-flation after January 1, 1989) above such amount, and are payable pursuant to the p

5、rovisions of 49 U.S.C. 70113 and section 440.19 of the Regulations (14 CFR 440.19); or (iv) Licensee has no liability for claims ex-ceeding $1,500,000,000 (as adjusted for infla-tion after January 1, 1989) above the amount of insurance or demonstration of financial responsibility required under sect

6、ion 440.9(c) of the Regulations (14 CFR 440.9(c). 7. MISCELLANEOUS (a) Nothing contained herein shall be con-strued as a waiver or release by Licensee, Customer or the United States of any claim by an employee of the Licensee, Customer or the United States, respectively, including a member of the Ar

7、med Forces of the United States, for Bodily Injury or Property Dam-age, resulting from Licensed Launch Activi-ties. (b) Notwithstanding any provision of this Agreement to the contrary, any waiver, re-lease, assumption of responsibility or agree-ment to hold harmless and indemnify herein shall not ap

8、ply to claims for Bodily Injury or Property Damage resulting from willful mis-conduct of any of the Parties, the Contrac-tors and Subcontractors of any of the Par-ties, and in the case of Licensee and Cus-tomer and the Contractors and Subcontrac-tors of each of them, the directors, officers, agents

9、and employees of any of the fore-going, and in the case of the United States, its agents. (c) In the event that more than one cus-tomer is involved in Licensed Launch Activi-ties, references herein to Customer shall apply to, and be deemed to include, each such customer severally and not jointly. (d

10、) 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. LICENSEE By: llllllll It

11、s: llllllll CUSTOMER By: llllllll Its: llllllll DEPARTMENT OF TRANSPORTATION By: llllllll Its: llllllll Doc. No. 28635, 63 FR 45619, Aug. 26, 1998; 63 FR 55175, Oct. 14, 1998 PARTS 441449 RESERVED PART 450FINANCIAL RESPONSIBILITY Subpart AFinancial Responsibility for Licensed Reentry Activities Sec.

12、 450.1 Scope of part; basis. 450.3 Definitions. 450.5 General. 450.7 Determination of maximum probable loss. 450.9 Insurance requirements for licensed reentry activities. 450.11 Duration of coverage; modifications. 450.13 Standard conditions of insurance cov-erage. 450.15 Demonstration of compliance

13、. 450.17 Reciprocal waiver of claims require-ments. 450.19 United States payment of excess third-party liability claims. APPENDIX A TO PART 450INFORMATION RE-QUIREMENTS FOR OBTAINING A MAXIMUM PROBABLE LOSS DETERMINATION FOR LI-CENSED REENTRY ACTIVITIES. APPENDIX B TO PART 450AGREEMENT FOR WAIVER OF

14、 CLAIMS AND ASSUMPTION OF RESPONSIBILITY. AUTHORITY: 49 U.S.C. 7010170121; 49 CFR 1.47. SOURCE: Docket No. FAA19996265, 65 FR 56699, Sept. 19, 2000, unless otherwise noted. VerDate Aug2005 12:05 Jan 25, 2006 Jkt 208046 PO 00000 Frm 00606 Fmt 8010 Sfmt 8010 Y:SGML208046.XXX 208046Provided by IHSNot f

15、or ResaleNo reproduction or networking permitted without license from IHS-,-,-597 Commercial Space Transportation, FAA, DOT 450.3 Subpart AFinancial Responsi-bility for Licensed Reentry Ac-tivities 450.1 Scope of part; basis. This part sets forth financial respon-sibility and allocation of risk requ

16、ire-ments applicable to commercial space reentry activities that are authorized to be conducted under a license issued pursuant to this subchapter. 450.3 Definitions. (a) For purposes of this part Bodily injury means physical injury, sickness, disease, disability, shock, mental anguish, or mental in

17、jury sus-tained by any person, including death. Contractors and subcontractors means those entities that are involved at any tier, directly or indirectly, in licensed reentry activities, and includes sup-pliers of property and services, and the component manufacturers of a reentry vehicle or payload

18、. Contractors and subcontractors include those entities as defined in 440.3(a)(2) of this chapter involved in licensed launch activities associated with a particular reentry. Customer means (1) A person who procures reentry services from a licensee or launch serv-ices associated with a particular re

19、-entry; (2) Any person to whom the customer has sold, leased, assigned or otherwise transferred its rights in the payload (or any part thereof), to be reentered by the licensee, including a conditional sale, lease, assignment, or transfer of rights. (3) Any person who has placed prop-erty on board t

20、he payload for reentry or payload services; and (4) Any person to whom the customer has transferred its rights to reentry services. Federal range facility means a Govern-ment-owned installation at which launches or reentries take place. Financial responsibility means statu-torily required financial

21、ability to sat-isfy liability as required under 49 U.S.C. 7010170121. Government personnel means employ-ees of the United States, its agencies, and its contractors and subcontractors, involved in reentry services for li-censed reentry activities or launch services for licensed launch activities asso

22、ciated with a particular reentry. Employees of the United States include members of the Armed Forces of the United States. Hazardous operations means activi-ties, processes, and procedures that, be-cause of the nature of the equipment, facilities, personnel, or environment involved or function being

23、 performed, may result in bodily injury or property damage. Liability means a legal obligation to pay claims for bodily injury or prop-erty damage resulting from licensed re-entry activities. License means an authorization to conduct licensed reentry activities, issued by the Office under this sub-c

24、hapter. Licensed launch activities means the launch of a launch vehicle as defined in a regulation or license issued by the Office and carried out pursuant to a launch license. Licensed reentry activities means the reentry of a reentry vehicle, including a reusable launch vehicle (RLV), as de-fined

25、in a regulation or license issued by the Office and carried out pursuant to a license. Maximum probable loss (MPL) means the greatest dollar amount of loss for bodily injury or property damage that is reasonably expected to result from licensed reentry activities; (1) Losses to third parties, exclud

26、ing Government personnel and other launch or reentry partcipants employ-ees involved in licensed reentry activi-ties, that are reasonably expected to result from licensed reentry activities are those having a probability of occur-rence on the order of no less than one in ten million. (2) Losses to G

27、overnment property and Government personnel, as defined in this section, that are reasonably ex-pected to result from licensed reentry activities are those having a prob-ability of occurrence on the order of no less than in one hundred thousand. Office means the Associate Adminis-trator for Commerci

28、al Space Transpor-tation of the Federal Aviation Admin-istration, U.S. Department of Trans-portation. VerDate Aug2005 12:05 Jan 25, 2006 Jkt 208046 PO 00000 Frm 00607 Fmt 8010 Sfmt 8010 Y:SGML208046.XXX 208046Provided by IHSNot for ResaleNo reproduction or networking permitted without license from I

29、HS-,-,-598 14 CFR Ch. III (1106 Edition) 450.5 Property damage means partial or total destruction, impairment, or loss of tangible property, real or personal. Regulations means the Commercial Space Transportation Licensing Regu-lations, codified at 14 CFR Ch. III. Third party means: (1) Any person o

30、ther than: (i) The United States, its agencies, and its contractors and subcontractors involved in reentry services for li-censed reentry activities or launch services for licensed launch activities associated with a particular reentry; (ii) The licensee and its contractors and subcontractors involv

31、ed in reentry services for licensed reentry activities or launch services for licensed launch activities associated with a particular reentry; and (iii) The customer and its contractors and subcontractors involved in reentry services for licensed reentry activities or launch services for licensed la

32、unch activities associated with a particular reentry. (2) Government personnel, as defined in this section, are third parties. United States means the United States Government, including its agen-cies. (b) Except as otherwise provided in this section, any term used in this part and defined in 49 U.S

33、.C. 7010170121 or in 401.5 of this chapter shall have the meaning contained therein. Doc. No. FAA19996265, 65 FR 56699, Sept. 19, 2000; 65 FR 80991, Dec. 22, 2000 450.5 General. (a) No person shall commence or con-duct reentry activities that require a license unless that person has obtained a licen

34、se and fully demonstrated com-pliance with the financial responsi-bility and allocation of risk require-ments set forth in this part. (b) The Office shall prescribe the amount of financial responsibility a li-censee is required to obtain and any additions to or modifications of the amount in a licen

35、se order issued con-current with or subsequent to the issuance of a license. (c) Demonstration of financial re-sponsibility under this part shall not relieve the licensee of ultimate respon-sibility for liability, loss, or damage sustained by the United States result-ing from licensed reentry activi

36、ties, except to the extent that: (1) Liability, loss, or damage sus-tained by the United States results from willful misconduct of the United States or its agents; (2) Covered claims of third parties for bodily injury or property damage aris-ing out of any particular reentry ex-ceed the amount of fi

37、nancial responsi-bility required under 450.9(c) of this part and do not exceed $1,500,000,000 (as adjusted for inflation occurring after January 1, 1989), above such amount, and are payable pursuant to 49 U.S.C. 70113 and 450.19 of this part. Claims of employees of entities listed in para-graphs (1)

38、(ii) and (iii) of the definition of third party in 450.3(a) of this part for bodily injury or property damage are not covered claims; (3) Covered claims for property loss or damage exceed the amount of finan-cial responsibility required under 450.9(e) of this part and do not result from willful misc

39、onduct of the li-censee; or (4) The licensee has no liability for covered claims by third parties for bod-ily injury or property damage arising out of any particular reentry that ex-ceed $1,500,000,000 (as adjusted for infla-tion occurring after January 1, 1989) above the amount of financial respons

40、i-bility required under 450.9(c) of this part. (d) A licensees failure to comply with the requirements in this part may result in suspension or revocation of a license, and subjects the licensee to civil penalties as provided in part 405 of this chapter. 450.7 Determination of maximum probable loss.

41、 (a) The Office shall determine the maximum probable loss (MPL) from covered claims by a third party for bodily injury or property damage, and the United States, its agencies, and its contractors and subcontractors for cov-ered property damage or loss, resulting from licensed reentry activities. The

42、 maximum probable loss determination forms the basis for financial responsi-bility requirements issued in a license order. (b) The Office issues its determina-tion of maximum probable loss no later VerDate Aug2005 12:05 Jan 25, 2006 Jkt 208046 PO 00000 Frm 00608 Fmt 8010 Sfmt 8010 Y:SGML208046.XXX 2

43、08046Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-599 Commercial Space Transportation, FAA, DOT 450.9 than ninety days after a licensee or transferee has requested a determina-tion and submitted all information re-quired by the Office to make the

44、deter-mination. The Office shall consult with Federal agencies that are involved in, or whose personnel or property are ex-posed to risk of damage or loss as a re-sult of, licensed reentry activities be-fore issuing a license order prescribing financial responsibility requirements and shall notify t

45、he licensee or trans-feree if interagency consultation may delay issuance of the MPL determina-tion. (c) Information requirements for ob-taining a maximum probable loss de-termination are set forth in appendix A to this part. Any person requesting a determination of maximum probable loss must submit

46、 information in ac-cordance with Appendix A require-ments, unless the Office has waived re-quirements. In lieu of submitting re-quired information, a person request-ing a maximum probable loss deter-mination may designate and certify certain information previously sub-mitted for a prior determinatio

47、n as complete, valid, and equally applicable to its current request. The requester is responsible for the continuing accuracy and completeness of information sub-mitted under this part and shall promptly report any changes in writ-ing. (d) The Office shall amend a deter-mination of maximum probable

48、loss re-quired under this section at any time prior to completion of licensed reentry activities as warranted by supple-mentary information provided to or ob-tained by the Office after the MPL de-termination is issued. Any change in fi-nancial responsibility requirements as a result of an amended MP

49、L deter-mination shall be set forth in a license order. (e) The Office may make a deter-mination of maximum probable loss at any time other than as set forth in paragraph (b) of this section, upon re-quest by any person. 450.9 Insurance requirements for li-censed reentry activities. (a) As a condition of each reentry li-cense, the licensee must comply with insurance requirements set forth in this section and in a license order issued by the Office,