Page:United States Statutes at Large Volume 113 Part 2.djvu/78

 113 STAT. 1098 PUBLIC LAW 106-74—OCT. 20, 1999 42 USC 2458c. Federal Register, publication. Notice. Deadline. Public information. Records. " EX P E RIM ENTAL AEROSPACE VEHICLE "(a) IN GENERAL.— The Administrator may provide liability insurance for, or indemnification to, the developer of an experimental aerospace vehicle developed or used in execution of an agreement between the Administration and the developer. "(b) TERMS AND CONDITIONS.— "(1) IN GENERAL. — Except as otherwise provided in this section, the insurance and indemnification provided by the Administration under subsection (a) to a developer shall be provided on the same terms and conditions as insurance and indemnification is provided by the Administration under section 308 of this Act to the user of a space vehicle. "(2) INSURANCE. — "(A) IN GENERAL. — A developer shall obtain liability insurance or demonstrate financial responsibility in amounts to compensate for the maximum probable loss from claims by— "(i) a third party for death, bodily injury, or property damage, or loss resulting from an activity carried out in connection with the development or use of an experimental aerospace vehicle; and "(ii) the United States Government for damage or loss to Government property resulting from such an activity. "(B) MAXIMUM REQUIRED.— The Administrator shall determine the amount of insurance required, but, except as provided in subparagraph (C), that amotmt shall not be greater than the amount required under section 70112(a)(3) of title 49, United States Code, for a launch. The Administrator shall publish notice of the Administrator's determination and the applicable amount or amounts in the Federal Register within 10 days after making the determination. "(C) INCREASE IN DOLLAR AMOUNTS.—The Administrator may increase the dollar amounts set forth in section 70112(a)(3)(A) of title 49, United States Code, for the purpose of applying that section under this section to a developer after consultation with the Comptroller General and such experts and consultants as may be appropriate, and after publishing notice of the increase in the Federal Register not less than 180 days before the increase goes into effect. The Administrator shall make available for public inspection, not later than the date of publication of such notice, a complete record of any correspondence received by the Administration, and a transcript of any meetings in which the Administration participated, regarding the proposed increase. "(D) SAFETY REVIEW REQUIRED BEFORE ADMINISTRATOR PROVIDES INSURANCE. —The Administrator may not provide liability insurance or indemnification under subsection (a) unless the developer establishes to the satisfaction of the Administrator that appropriate safety procedures and practices are being followed in the development of the experimental aerospace vehicle. " (3) No INDEMNIFICATION WITHOUT CROSS-WAIVER.— Notwithstanding subsection (a), the Administrator may not

�