Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Rules and Regulations 8629 

Issued in Washington, DC, on February 9, 

2011. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. 2011–3312 Filed 2–14–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 440 

[Docket No. FAA–2010–1150; Amendment 

No. 440–2] 

RIN 2120–AJ85 

Clarification of Reciprocal Waivers of 

Claims for Multiple-Customer 

Commercial Space Launch and 

Reentry 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Technical amendment. 

SUMMARY: This action clarifies a 

reciprocal waiver of claims requirement 

for an FAA authorized launch or reentry 

in which a licensee or permittee has 

multiple customers. There has been 

confusion about whether all customers 

must sign or whether one customer can 

sign such an agreement on behalf of all 

customers. This action eliminates any 

confusion by clarifying that a reciprocal 

waiver of claims requires each customer 

to enter into a waiver with the U.S. 

Government and the licensee or 

permittee. However, this action does not 

change the existing practice for 

government customers, which is that the 

FAA signs on their behalf. 

DATES: This amendment becomes 

effective March 17, 2011. 

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; e-mail 

laura.montgomery@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The statute under which the Secretary 

of Transportation regulates commercial 

space transportation, 51 U.S.C. subtitle 

V, chapter 509, sections 50901–50923 

(chapter 509), requires that, for each 

commercial space launch or reentry, the 

Department of Transportation (DOT) 

and, through delegation, the Federal 

Aviation Administration (FAA) enter 

into a reciprocal waiver of claims 

agreement with ‘‘the licensee or 

transferee, contractors, subcontractors, 

crew, space flight participants, and 

customers of the licensee or transferee, 

and contractors and subcontractors of 

the customers * * *’’ 51 U.S.C. 

50914(b)(2). This requirement also 

applies to permittees under 51 U.S.C. 

50906(i). This rule changes Title 14, 

Code of Federal Regulations (14 CFR) 

440.17(c) to more clearly track Congress’ 

requirement that the reciprocal waiver 

of claims include all ‘‘customers of the 

licensee or transferee * * *’’ Id. 

(emphasis added). 

Prior Rulemakings 

Enacted in 1998, § 440.17(c) requires 

that the U.S. Government, commercial 

space launch and reentry licensees, and 

the licensees’ customers enter into a 

reciprocal waiver of claims agreement 

with the government. See Financial 

Responsibility Requirements for 

Licensed Launch Activities, 63 FR 45592 

(Aug. 26, 1998) (final rule); and 

Financial Responsibility Requirements 

for Licensed Launch Activities, 61 FR 

38992 (Jul. 25, 1996) (notice of proposed 

rulemaking) (‘‘Financial Responsibility 

NPRM’’). The regulation was amended 

to require a waiver between the U.S. 

Government, permittees, and the 

permittees’ customers. See Human 

Space Flight Requirements for Crew and 

Space Flight Participants, 71 FR 75616 

(Dec. 5, 2006) (final rule); and 

Experimental Permits for Reusable 

Suborbital Rockets, 70 FR 77262 (Dec. 

29, 2005) (notice of proposed 

rulemaking). 

Background 

The FAA is required by 51 U.S.C. 

50914(b)(2) and 50906(i) to enter into a 

reciprocal waiver of claims agreement 

with the customers of a licensee or 

permittee for commercial space flight. 

The pertinent part of the regulation for 

implementing this congressional 

requirement, § 440.17(c), currently 

mandates that the licensee or permittee 

and its customer enter into a three-party 

reciprocal waiver of claims agreement 

when conducting a licensed or 

permitted activity in which the federal 

government, any agency, or its 

contractors and subcontractors is 

involved. This requirement also applies 

to activities where property insurance is 

required under § 440.9(d). 

Unfortunately, the FAA has found 

that this language has created confusion. 

The term ‘‘three-party reciprocal 

waiver,’’ in particular, has prompted 

some customers of commercial space 

launches to believe that only three 

parties were necessary to complete the 

waiver, even if there were multiple 

customers; and so, under this 

interpretation, only one customer was 

considered necessary to sign the waiver. 

Further, Appendix B and Appendix C of 

part 440 define, ‘‘Customer’’ as the 

above-named Customer on behalf of the 

Customer and any person described in 

§ 440.3 of the regulations. Again, 

customers sometimes read this language 

to suggest that one customer could sign 

on behalf of the other customers. 

However, a plain language reading of 

the statute makes it clear that Congress 

intended the government to enter into a 

reciprocal waiver of claims with all 

customers. See 51 U.S.C. 50914(b)(2). 

Further, the notice of proposed 

rulemaking (NPRM) for § 440.17 shows 

that the regulation actually captures all 

customers within the reciprocal waiver 

requirement. As noted in the Financial 

Responsibility NPRM: 

A question has been raised by a payload 

company as to the Office’s requirements 

when multiple customers contract with a 

launch operator for launch services or there 

is more than one customer’s payload on the 

launch manifest for a single launch. In those 

cases, executing a single waiver of claims 

agreement that includes each customer as a 

party to the agreement, or executing separate 

but appropriately modified agreements, 

would serve to ensure all parties have been 

included and protected as intended. 

See Financial Responsibility NPRM, 61 

FR at 39012. Also, in practice, the FAA 

has held the view that all customers 

must enter into the reciprocal waiver of 

claims and has ensured that each 

customer enter into the waiver of 

claims. 

The changes to Appendix B and 

Appendix C of part 440 provide 

examples of waiver agreements for 

multiple-customer launches and 

reentries. These examples are included 

for the convenience of parties involved 

in commercial space activities. The 

FAA’s intent with these examples is to 

clarify that each customer must waive 

claims against all other customers, the 

U.S. Government, and the licensee or 

permittee. Each customer is also 

required to indemnify these other 

parties against claims by the customer’s 

own contractors and subcontractors. 

Further, each customer must extend 

the reciprocal waiver of claims to its 

own contractors and subcontractors. 

However, in no case is any one 

customer required to indemnify against 

claims brought by another customer, or 

to extend the reciprocal waiver of 

claims to other customers or the 

contractors and subcontractors of any 

other customer. Thus, the definition of 

‘‘customer’’ in the appendices has been 

clarified to ensure that one customer 

cannot sign on behalf of other 


jdjones on DSK8KYBLC1PROD with RULES
8630 Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Rules and Regulations 

customers. Again, these changes are 

consistent with the Financial 

Responsibility NPRM and FAA policy. 

To maintain consistency, the FAA is 

also amending paragraph 5(b) of the 

reciprocal waiver of claims in the 

appendices. That paragraph addresses 

how a customer holds harmless and 

indemnifies the other parties to the 

waiver and their related entities against 

claims brought by the customer’s 

contractors and subcontractors. The 

FAA is removing from 5(b) the 

statement that the customer indemnifies 

the other parties against claims brought 

by any person ‘‘on whose behalf’’ the 

customer entered into the waiver, 

namely, under the current but not the 

new appendix definition, another 

customer. 

The FAA is making this change 

because the language is unnecessary and 

incorrect. It is unnecessary because of 

the FAA’s policy and practice of 

requiring all customers to sign the 

required waivers; thus, a customer 

should not be signing on behalf of 

another customer. It is the licensee who 

is responsible for obtaining waivers 

from all customers. Additionally, the 

regulations do not require a customer to 

indemnify the other parties for claims 

made by other customers. See 14 CFR 

440.17(d). Accordingly, in keeping with 

this rulemaking’s clarification that all 

customers sign a reciprocal waiver, the 

FAA is removing the statement that a 

customer must provide indemnification 

on behalf of another customer. 

List of Subjects in 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. 

The Amendments 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter II of title 14, Code of 

Federal Regulations as follows: 

PART 440—FINANCIAL 

RESPONSIBILITY 

■ 1. The authority citation for part 440 

is revised to read as follows: 

Authority: 51 U.S.C. 50901–50923; 49 CFR 

1.47. 

■ 2. Amend § 440.17 by revising 

paragraph (c) to read as follows: 

§ 440.17 Reciprocal waiver of claims 

requirement. 

* * * * * 

(c) For each licensed or permitted 

activity in which the U.S. Government, 

any agency, or its contractors and 

subcontractors is involved or where 

property insurance is required under 

§ 440.9(d), the Federal Aviation 

Administration of the Department of 

Transportation, the licensee or 

permittee, and each customer shall enter 

into a reciprocal waiver of claims 

agreement. The reciprocal waiver of 

claims shall be in the form set forth in 

Appendix B of this part for licensed 

activity, in Appendix C of this part for 

permitted activity, or in a form that 

satisfies the requirements. 

* * * * * 

■ 3. Revise Appendix B to part 440 to 

read as follows: 

Appendix B to Part 440—Agreement for 

Waiver of Claims and Assumption of 

Responsibility for Licensed Activities 

Part 1—Waiver of Claims and Assumption of 

Responsibility for Licensed Launch, 

Including Suborbital Launch 

Subpart A—Waiver of Claims and 

Assumption of Responsibility for Licensed 

Launch, Including Suborbital Launch, With 

One Customer 

This agreement is entered into this ll 

day of llll, by and among [Licensee] 

(the ‘‘Licensee’’), [Customer] (the ‘‘Customer’’) 

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(c) of the 

Commercial Space Transportation Licensing 

Regulations, 14 CFR Ch. III (the 

‘‘Regulations’’). This agreement applies to the 

launch of [Payload] payload on a [Launch 

Vehicle] vehicle at [Location of Launch Site]. 

In consideration of the mutual releases and 

promises contained herein, the Parties hereby 

agree as follows: 

1. Definitions 

Contractors and Subcontractors means 

entities described in § 440.3 of the 

Regulations. 

Customer means the above-named 

Customer. 

License means License No. llllll 

issued on lllllllll, by the 

Associate Administrator for Commercial 

Space Transportation, Federal Aviation 

Administration, Department of 

Transportation, to the Licensee, including all 

license orders issued in connection with the 

License. 

Licensee means the Licensee and any 

transferee of the Licensee under 51 U.S.C. 

Subtitle V, ch. 509. 

United States means the United States and 

its agencies involved in Licensed Activities. 

Except as otherwise defined herein, terms 

used in this Agreement and defined in 51 

U.S.C. Subtitle V, ch. 509—Commercial 

Space Launch Activities, or in the 

Regulations, shall have the same meaning as 

contained in 51 U.S.C. Subtitle V, ch. 509, or 

the Regulations, respectively. 

2. Waiver and Release of Claims 

(a) Licensee hereby waives and releases 

claims it may have against Customer and the 

United States, and against their respective 

Contractors and Subcontractors, for Property 

Damage it sustains and for Bodily Injury or 

Property Damage sustained by its own 

employees, resulting from Licensed 

Activities, regardless of fault. 

(b) Customer hereby waives and releases 

claims it may have against Licensee and the 

United States, and against their respective 

Contractors and Subcontractors, for Property 

Damage it sustains and for Bodily Injury or 

Property Damage sustained by its own 

employees, resulting from Licensed 

Activities, regardless of fault. 

(c) The United States hereby waives and 

releases claims it may have against Licensee 

and Customer, and against their respective 

Contractors and Subcontractors, for Property 

Damage it sustains, and for Bodily Injury 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. 

3. Assumption of Responsibility 

(a) Licensee and Customer shall each be 

responsible for Property Damage it sustains 

and for Bodily Injury or Property Damage 

sustained by its own employees, resulting 

from Licensed Activities, regardless of fault. 

Licensee and Customer shall each hold 

harmless and indemnify each other, the 

United States, and the Contractors and 

Subcontractors of each Party, for Bodily 

Injury or Property Damage sustained by its 

own employees, resulting from Licensed 

Activities, regardless of fault. 

(b) The United States shall be responsible 

for Property Damage it sustains, and for 

Bodily Injury 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. 

4. Extension of Assumption of Responsibility 

and Waiver and Release of Claims 

(a) Licensee shall extend the requirements 

of the waiver and release of claims, and the 

assumption of responsibility, hold harmless, 

and indemnification, as set forth in 

paragraphs 2(a) and 3(a), respectively, to its 

Contractors and Subcontractors by requiring 

them to waive and release all claims they 

may have against Customer and the United 

States, and against the respective Contractors 

and Subcontractors of each, and to agree to 

be responsible, for Property Damage they 

sustain and to be responsible, hold harmless 

and indemnify Customer and the United 

States, and the respective Contractors and 

Subcontractors of each, for Bodily Injury or 

Property Damage sustained by their own 

employees, resulting from Licensed 

Activities, regardless of fault. 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Rules and Regulations 8631 

(b) Customer shall extend the requirements 

of the waiver and release of claims, and the 

assumption of responsibility, hold harmless, 

and indemnification, as set forth in 

paragraphs 2(b) and 3(a), respectively, to its 

Contractors and Subcontractors by requiring 

them to waive and release all claims they 

may have against Licensee and the United 

States, and against the respective Contractors 

and Subcontractors of each, and to agree to 

be responsible, for Property Damage they 

sustain and to be responsible, hold harmless 

and indemnify Licensee and the United 

States, and the respective Contractors and 

Subcontractors of each, for Bodily Injury or 

Property Damage sustained by their own 

employees, resulting from Licensed 

Activities, regardless of fault. 

(c) 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(c) and 3(b), 

respectively, to its Contractors and 

Subcontractors by requiring them to waive 

and release all claims they may have against 

Licensee and Customer, and against the 

respective Contractors and Subcontractors of 

each, and to agree to be responsible, for any 

Property Damage they sustain and for any 

Bodily Injury or Property Damage sustained 

by their own employees, resulting from 

Licensed Activities, regardless of fault, to the 

extent that claims they 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. 

5. Indemnification 

(a) Licensee shall hold harmless and 

indemnify Customer and its directors, 

officers, servants, agents, subsidiaries, 

employees and assignees, or any of them, and 

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 

that Licensee’s Contractors and 

Subcontractors may have for Property 

Damage sustained by them and for Bodily 

Injury or Property Damage sustained by their 

employees, resulting from Licensed 

Activities. 

(b) Customer shall hold harmless and 

indemnify Licensee and its directors, officers, 

servants, agents, subsidiaries, employees and 

assignees, or any of them, and 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 that Customer’s 

Contractors and Subcontractors may have for 

Property Damage sustained by them and for 

Bodily Injury or Property Damage sustained 

by their employees, resulting from Licensed 

Activities. 

(c) To the extent provided in advance in an 

appropriations law or to the extent there is 

enacted additional legislative authority 

providing for the payment of claims, the 

United States shall hold harmless and 

indemnify Licensee and Customer and their 

respective directors, officers, servants, agents, 

subsidiaries, employees and assignees, or any 

of them, from and against liability, loss or 

damage arising out of claims that Contractors 

and Subcontractors of the United States may 

have for Property Damage sustained by them, 

and for Bodily Injury or Property Damage 

sustained by their employees, resulting from 

Licensed Activities, to the extent that claims 

they 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. 

6. Assurances Under 51 U.S.C. 50914(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 liability, loss or damage 

arising out of claims for Bodily Injury or 

Property Damage, resulting from Licensed 

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 agents; 

(ii) claims for Property Damage sustained by 

the United States or its Contractors and 

Subcontractors exceed the amount of 

insurance or demonstration of financial 

responsibility required under section 440.9(e) 

of the Regulations; (iii) claims by a Third 

Party for Bodily Injury or Property Damage 

exceed the amount of insurance or 

demonstration of financial responsibility 

required under section 440.9(c) of the 

Regulations, and do not exceed 

$1,500,000,000 (as adjusted for inflation after 

January 1, 1989) above such amount, and are 

payable pursuant to the provisions of 51 

U.S.C. 50915 and section 440.19 of the 

Regulations; or (iv) Licensee has no liability 

for claims exceeding $1,500,000,000 (as 

adjusted for inflation after January 1, 1989) 

above the amount of insurance or 

demonstration of financial responsibility 

required under section 440.9(c) of the 

Regulations. 

7. Miscellaneous 

(a) Nothing contained herein shall be 

construed 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 Armed Forces of the United 

States, for Bodily Injury or Property Damage, 

resulting from Licensed Activities. 

(b) Notwithstanding any provision of this 

Agreement to the contrary, any waiver, 

release, assumption of responsibility or 

agreement to hold harmless and indemnify 

herein shall not apply to claims for Bodily 

Injury 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 Licensee and 

Customer and the Contractors and 

Subcontractors of each of them, the directors, 

officers, agents and employees of any of the 

foregoing, 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. 

Licensee 

By: lllllllllllllllllll

Its: lllllllllllllllllll

Customer 

By: lllllllllllllllllll

Its: lllllllllllllllllll

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 

Subpart B—Waiver of Claims and 

Assumption of Responsibility for Licensed 

Launch, Including Suborbital Launch, With 

More Than One Customer 

This agreement is entered into this ll 

day of llll, by and among [Licensee] 

(the ‘‘Licensee’’); [List of Customers]; (with 

[List of Customers] hereinafter referred to in 

their individual capacity as ‘‘Customer’’); 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(c) of the Commercial Space 

Transportation Licensing Regulations, 14 

CFR Ch. III (the ‘‘Regulations’’). This 

agreement applies to the launch of [Payload] 

payload on a [Launch Vehicle] vehicle at 

[Location of Launch Site]. 

In consideration of the mutual releases and 

promises contained herein, the Parties hereby 

agree as follows: 

1. Definitions 

Contractors and Subcontractors means 

entities described in § 440.3 of the 

Regulations. 

Customer means each above-named 

Customer. 

License means License No. llll issued 

on llllllll, by the Associate 

Administrator for Commercial Space 

Transportation, Federal Aviation 

Administration, Department of 

Transportation, to the Licensee, including all 

license orders issued in connection with the 

License. 

Licensee means the Licensee and any 

transferee of the Licensee under 51 U.S.C. 

Subtitle V, ch. 509. 

United States means the United States and 

its agencies involved in Licensed Activities. 

Except as otherwise defined herein, terms 

used in this Agreement and defined in 51 

U.S.C. Subtitle V, ch. 509—Commercial 

Space Launch Activities, or in the 

Regulations, shall have the same meaning as 

contained in 51 U.S.C. Subtitle V, ch. 509, or 

the Regulations, respectively. 

2. Waiver and Release of Claims 

(a) Licensee hereby waives and releases 

claims it may have against each Customer 

and the United States, and against their 

respective Contractors and Subcontractors, 

for Property Damage it sustains and for 

Bodily Injury or Property Damage sustained 

by its own employees, resulting from 

Licensed Activities, regardless of fault. 

(b) Each Customer hereby waives and 

releases claims it may have against each 

other Customer, the Licensee and the United 


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8632 Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Rules and Regulations 

States, and against their respective 

Contractors and Subcontractors, for Property 

Damage it sustains and for Bodily Injury or 

Property Damage sustained by its own 

employees, resulting from Licensed 

Activities, regardless of fault. 

(c) The United States hereby waives and 

releases claims it may have against Licensee 

and each Customer, and against their 

respective Contractors and Subcontractors, 

for Property Damage it sustains, and for 

Bodily Injury 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. 

3. Assumption of Responsibility 

(a) Licensee and each Customer shall each 

be responsible for Property Damage it 

sustains and for Bodily Injury or Property 

Damage sustained by its own employees, 

resulting from Licensed Activities, regardless 

of fault. Licensee and each Customer shall 

each hold harmless and indemnify each 

other, the United States, and the Contractors 

and Subcontractors of each Party, for Bodily 

Injury or Property Damage sustained by its 

own employees, resulting from Licensed 

Activities, regardless of fault. 

(b) The United States shall be responsible 

for Property Damage it sustains, and for 

Bodily Injury 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. 

4. Extension of Assumption of Responsibility 

and Waiver and Release of Claims 

(a) Licensee shall extend the requirements 

of the waiver and release of claims, and the 

assumption of responsibility, hold harmless, 

and indemnification, as set forth in 

paragraphs 2(a) and 3(a), respectively, to its 

Contractors and Subcontractors by requiring 

them to waive and release all claims they 

may have against each Customer and the 

United States, and against the respective 

Contractors and Subcontractors of each, and 

to agree to be responsible, for Property 

Damage they sustain and to be responsible, 

hold harmless and indemnify each Customer 

and the United States, and the respective 

Contractors and Subcontractors of each, for 

Bodily Injury or Property Damage sustained 

by their own employees, resulting from 

Licensed Activities, regardless of fault. 

(b) Each Customer shall extend the 

requirements of the waiver and release of 

claims, and the assumption of responsibility, 

hold harmless, and indemnification, as set 

forth in paragraphs 2(b) and 3(a), 

respectively, to its Contractors and 

Subcontractors by requiring them to waive 

and release all claims they may have against 

Licensee, each other Customer and the 

United States, and against the respective 

Contractors and Subcontractors of each, and 

to agree to be responsible, for Property 

Damage they sustain and to be responsible, 

hold harmless and indemnify Licensee, each 

other Customer and the United States, and 

the respective Contractors and 

Subcontractors of each, for Bodily Injury or 

Property Damage sustained by their own 

employees, resulting from Licensed 

Activities, regardless of fault. 

(c) 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(c) and 3(b), 

respectively, to its Contractors and 

Subcontractors by requiring them to waive 

and release all claims they may have against 

Licensee and each Customer, and against the 

respective Contractors and Subcontractors of 

each, and to agree to be responsible, for any 

Property Damage they sustain and for any 

Bodily Injury or Property Damage sustained 

by their own employees, resulting from 

Licensed Activities, regardless of fault, to the 

extent that claims they 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. 

5. Indemnification 

(a) Licensee shall hold harmless and 

indemnify each Customer and its directors, 

officers, servants, agents, subsidiaries, 

employees and assignees, or any of them, and 

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 

that Licensee’s Contractors and 

Subcontractors may have for Property 

Damage sustained by them and for Bodily 

Injury or Property Damage sustained by their 

employees, resulting from Licensed 

Activities. 

(b) Each Customer shall hold harmless and 

indemnify each other Customer and its 

directors, officers, servants, agents, 

subsidiaries, employees and assignees, or any 

of them, and the Licensee and its directors, 

officers, servants, agents, subsidiaries, 

employees and assignees, or any of them, and 

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 

that the first-named Customer’s Contractors 

and Subcontractors may have for Property 

Damage sustained by them and for Bodily 

Injury or Property Damage sustained by their 

employees, resulting from Licensed 

Activities. 

(c) To the extent provided in advance in an 

appropriations law or to the extent there is 

enacted additional legislative authority 

providing for the payment of claims, the 

United States shall hold harmless and 

indemnify Licensee and each Customer and 

their respective directors, officers, servants, 

agents, subsidiaries, employees and 

assignees, or any of them, from and against 

liability, loss or damage arising out of claims 

that Contractors and Subcontractors of the 

United States may have for Property Damage 

sustained by them, and for Bodily Injury or 

Property Damage sustained by their 

employees, resulting from Licensed 

Activities, to the extent that claims they 

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. 

6. Assurances Under 51 U.S.C. 50914(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 liability, loss or damage 

arising out of claims for Bodily Injury or 

Property Damage, resulting from Licensed 

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 agents; 

(ii) claims for Property Damage sustained by 

the United States or its Contractors and 

Subcontractors exceed the amount of 

insurance or demonstration of financial 

responsibility required under section 440.9(e) 

of the Regulations; (iii) claims by a Third 

Party for Bodily Injury or Property Damage 

exceed the amount of insurance or 

demonstration of financial responsibility 

required under section 440.9(c) of the 

Regulations, and do not exceed 

$1,500,000,000 (as adjusted for inflation after 

January 1, 1989) above such amount, and are 

payable pursuant to the provisions of 51 

U.S.C. 50915 and section 440.19 of the 

Regulations; or (iv) Licensee has no liability 

for claims exceeding $1,500,000,000 (as 

adjusted for inflation after January 1, 1989) 

above the amount of insurance or 

demonstration of financial responsibility 

required under section 440.9(c) of the 

Regulations. 

7. Miscellaneous 

(a) Nothing contained herein shall be 

construed as a waiver or release by Licensee, 

any Customer or the United States of any 

claim by an employee of the Licensee, any 

Customer or the United States, respectively, 

including a member of the Armed Forces of 

the United States, for Bodily Injury or 

Property Damage, resulting from Licensed 

Activities. 

(b) Notwithstanding any provision of this 

Agreement to the contrary, any waiver, 

release, assumption of responsibility or 

agreement to hold harmless and indemnify 

herein shall not apply to claims for Bodily 

Injury 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 Licensee and each 

Customer and the Contractors and 

Subcontractors of each of them, the directors, 

officers, agents and employees of any of the 

foregoing, and in the case of the United 

States, its agents. 

(c) References herein to Customer shall 

apply to, and be deemed to include, each 

such customer severally and not jointly. 

(d) 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. 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Rules and Regulations 8633 

Licensee 

By: lllllllllllllllllll

Its: lllllllllllllllllll

Customer 1 

By: lllllllllllllllllll

Its: lllllllllllllllllll

[Signature lines for each additional customer] 

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 2—Waiver of Claims and Assumption of 

Responsibility for Licensed Reentry 

Subpart A—Waiver of Claims and 

Assumption of Responsibility for Licensed 

Reentry With One Customer 

This Agreement is entered into this ll 

day of llll, by and among [Licensee] 

(the ‘‘Licensee’’), [Customer] (the ‘‘Customer’’), 

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 § 440.17(c) of the Commercial 

Space Transportation Licensing Regulations, 

14 CFR Ch. III (the ‘‘Regulations’’). This 

agreement applies to the reentry of the 

[Payload] payload on a [Reentry Vehicle] 

vehicle. 

In consideration of the mutual releases and 

promises contained herein, the Parties hereby 

agree as follows: 

1. Definitions 

Contractors and Subcontractors means 

entities described in § 440.3 of the 

Regulations. 

Customer means the above-named 

Customer. 

License means License No. ll issued on 

llll, by the Associate Administrator for 

Commercial Space Transportation, Federal 

Aviation Administration, Department of 

Transportation, to the Licensee, including all 

license orders issued in connection with the 

License. 

Licensee means the Licensee and any 

transferee of the Licensee under 51 U.S.C. 

Subtitle V, ch. 509. 

United States means the United States and 

its agencies involved in Licensed Activities. 

Except as otherwise defined herein, terms 

used in this Agreement and defined in 51 

U.S.C. Subtitle V, ch. 509—Commercial 

Space Launch Activities, or in the 

Regulations, shall have the same meaning as 

contained in 51 U.S.C. Subtitle V, ch. 509, or 

the Regulations, respectively. 

2. Waiver and Release of Claims 

(a) Licensee hereby waives and releases 

claims it may have against Customer and the 

United States, and against their respective 

Contractors and Subcontractors, for Property 

Damage it sustains and for Bodily Injury or 

Property Damage sustained by its own 

employees, resulting from Licensed 

Activities, regardless of fault. 

(b) Customer hereby waives and releases 

claims it may have against Licensee and the 

United States, and against their respective 

Contractors and Subcontractors, for Property 

Damage it sustains and for Bodily Injury or 

Property Damage sustained by its own 

employees, resulting from Licensed 

Activities, regardless of fault. 

(c) The United States hereby waives and 

releases claims it may have against Licensee 

and Customer, and against their respective 

Contractors and Subcontractors, for Property 

Damage it sustains, and for Bodily Injury 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) of the Regulations. 

3. Assumption of Responsibility 

(a) Licensee and Customer shall each be 

responsible for Property Damage it sustains 

and for Bodily Injury or Property Damage 

sustained by its own employees, resulting 

from Licensed Activities, regardless of fault. 

Licensee and Customer shall each hold 

harmless and indemnify each other, the 

United States, and the Contractors and 

Subcontractors of each Party, for Bodily 

Injury or Property Damage sustained by its 

own employees, resulting from Licensed 

Activities, regardless of fault. 

(b) The United States shall be responsible 

for Property Damage it sustains, and for 

Bodily Injury 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 §§ 440.9(c) and 

(e) of the Regulations. 

4. Extension of Assumption of Responsibility 

and Waiver and Release of Claims 

(a) Licensee shall extend the requirements 

of the waiver and release of claims, and the 

assumption of responsibility, hold harmless, 

and indemnification, as set forth in 

paragraphs 2(a) and 3(a), respectively, to its 

Contractors and Subcontractors by requiring 

them to waive and release all claims they 

may have against Customer and the United 

States, and against the respective Contractors 

and Subcontractors of each, and to agree to 

be responsible, for Property Damage they 

sustain and to be responsible, hold harmless 

and indemnify Customer and the United 

States, and the respective Contractors and 

Subcontractors of each, for Bodily Injury or 

Property Damage sustained by their own 

employees, resulting from Licensed 

Activities, regardless of fault. 

(b) Customer shall extend the requirements 

of the waiver and release of claims, and the 

assumption of responsibility, hold harmless, 

and indemnification, as set forth in 

paragraphs 2(b) and 3(a), respectively, to its 

Contractors and Subcontractors by requiring 

them to waive and release all claims they 

may have against Licensee and the United 

States, and against the respective Contractors 

and Subcontractors of each, and to agree to 

be responsible, for Property Damage they 

sustain and to be responsible, hold harmless 

and indemnify Licensee and the United 

States, and the respective Contractors and 

Subcontractors of each, for Bodily Injury or 

Property Damage sustained by their own 

employees, resulting from Licensed 

Activities, regardless of fault. 

(c) 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(c) and 3(b), 

respectively, to its Contractors and 

Subcontractors by requiring them to waive 

and release all claims they may have against 

Licensee and Customer, and against the 

respective Contractors and Subcontractors of 

each, and to agree to be responsible, for any 

Property Damage they sustain and for any 

Bodily Injury or Property Damage sustained 

by their own employees, resulting from 

Licensed Activities, regardless of fault, to the 

extent that claims they would otherwise have 

for such damage or injury exceed the amount 

of insurance or demonstration of financial 

responsibility required under §§ 440.9(c) and 

(e) of the Regulations. 

5. Indemnification 

(a) Licensee shall hold harmless and 

indemnify Customer and its directors, 

officers, servants, agents, subsidiaries, 

employees and assignees, or any of them, and 

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 

that Licensee’s Contractors and 

Subcontractors may have for Property 

Damage sustained by them and for Bodily 

Injury or Property Damage sustained by their 

employees, resulting from Licensed 

Activities. 

(b) Customer shall hold harmless and 

indemnify Licensee and its directors, officers, 

servants, agents, subsidiaries, employees and 

assignees, or any of them, and the United 

States and its agencies, servants, agents, 

subsidiaries, employees or assignees, or any 

of them, from and against liability, loss or 

damage arising out of claims that Customer’s 

Contractors and Subcontractors may have for 

Property Damage sustained by them and for 

Bodily Injury or Property Damage sustained 

by their employees, resulting from Licensed 

Activities. 

(c) To the extent provided in advance in an 

appropriations law or to the extent there is 

enacted additional legislative authority 

providing for the payment of claims, the 

United States shall hold harmless and 

indemnify Licensee and Customer and their 

respective directors, officers, servants, agents, 

subsidiaries, employees and assignees, or any 

of them, from and against liability, loss or 

damage arising out of claims that Contractors 

and Subcontractors of the United States may 

have for Property Damage sustained by them, 

and for Bodily Injury or Property Damage 

sustained by their employees, resulting from 

Licensed Activities, to the extent that claims 

they would otherwise have for such damage 

or injury exceed the amount of insurance or 

demonstration of financial responsibility 

required under §§ 440.9(c) and (e) of the 

Regulations. 

6. Assurances Under 51 U.S.C. 50914(e) 

Notwithstanding any provision of this 

Agreement to the contrary, Licensee shall 

hold harmless and indemnify the United 

States and its agencies, servants, agents, 


jdjones on DSK8KYBLC1PROD with RULES
8634 Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Rules and Regulations 

employees and assignees, or any of them, 

from and against liability, loss or damage 

arising out of claims for Bodily Injury or 

Property Damage, resulting from Licensed 

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 agents; 

(ii) claims for Property Damage sustained by 

the United States or its Contractors and 

Subcontractors exceed the amount of 

insurance or demonstration of financial 

responsibility required under § 440.9(e) of 

the Regulations; (iii) claims by a Third Party 

for Bodily Injury or Property Damage exceed 

the amount of insurance or demonstration of 

financial responsibility required under 

§ 440.9(c) of the Regulations, and do not 

exceed $1,500,000,000 (as adjusted for 

inflation after January 1, 1989) above such 

amount, and are payable pursuant to the 

provisions of 51 U.S.C. 50915 and § 440.19 of 

the Regulations; or (iv) Licensee has no 

liability for claims exceeding $1,500,000,000 

(as adjusted for inflation after January 1, 

1989) above the amount of insurance or 

demonstration of financial responsibility 

required under § 440.9(c) of the Regulations. 

7. Miscellaneous 

(a) Nothing contained herein shall be 

construed 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 Armed Forces of the United 

States, for Bodily Injury or Property Damage, 

resulting from Licensed Activities. 

(b) Notwithstanding any provision of this 

Agreement to the contrary, any waiver, 

release, assumption of responsibility or 

agreement to hold harmless and indemnify 

herein shall not apply to claims for Bodily 

Injury 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 Licensee and 

Customer and the Contractors and 

Subcontractors of each of them, the directors, 

officers, agents and employees of any of the 

foregoing, 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. 

Licensee 

By: lllllllllllllllllll

Its: lllllllllllllllllll

Customer 

By: lllllllllllllllllll

Its: lllllllllllllllllll

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 

Subpart B—Waiver of Claims and 

Assumption of Responsibility for Licensed 

Reentry With More Than One Customer 

This agreement is entered into this ll 

day of llll, by and among [Licensee] 

(the ‘‘Licensee’’); [List of Customers] (with 

[List of Customers] hereinafter referred to in 

their individual capacity as ‘‘Customer’’); 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(c) of the Commercial Space 

Transportation Licensing Regulations, 14 

CFR Ch. III (the ‘‘Regulations’’). This 

agreement applies to the reentry of [Payload] 

payload on a [Reentry Vehicle] vehicle. 

In consideration of the mutual releases and 

promises contained herein, the Parties hereby 

agree as follows: 

1. Definitions 

Contractors and Subcontractors means 

entities described in § 440.3 of the 

Regulations. 

Customer means each above-named 

Customer. 

License means License No. ll issued on 

llll, by the Associate Administrator for 

Commercial Space Transportation, Federal 

Aviation Administration, Department of 

Transportation, to the Licensee, including all 

license orders issued in connection with the 

License. 

Licensee means the Licensee and any 

transferee of the Licensee under 51 U.S.C. 

Subtitle V, ch. 509. 

United States means the United States and 

its agencies involved in Licensed Activities. 

Except as otherwise defined herein, terms 

used in this Agreement and defined in 51 

U.S.C. Subtitle V, ch. 509—Commercial 

Space Launch Activities, or in the 

Regulations, shall have the same meaning as 

contained in 51 U.S.C. Subtitle V, ch. 509, or 

the Regulations, respectively. 

2. Waiver and Release of Claims 

(a) Licensee hereby waives and releases 

claims it may have against each Customer 

and the United States, and against their 

respective Contractors and Subcontractors, 

for Property Damage it sustains and for 

Bodily Injury or Property Damage sustained 

by its own employees, resulting from 

Licensed Activities, regardless of fault. 

(b) Each Customer hereby waives and 

releases claims it may have against each 

other Customer, the Licensee and the United 

States, and against their respective 

Contractors and Subcontractors, for Property 

Damage it sustains and for Bodily Injury or 

Property Damage sustained by its own 

employees, resulting from Licensed 

Activities, regardless of fault. 

(c) The United States hereby waives and 

releases claims it may have against Licensee 

and each Customer, and against their 

respective Contractors and Subcontractors, 

for Property Damage it sustains, and for 

Bodily Injury 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. 

3. Assumption of Responsibility 

(a) Licensee and each Customer shall each 

be responsible for Property Damage it 

sustains and for Bodily Injury or Property 

Damage sustained by its own employees, 

resulting from Licensed Activities, regardless 

of fault. Licensee and each Customer shall 

each hold harmless and indemnify each 

other, the United States, and the Contractors 

and Subcontractors of each Party, for Bodily 

Injury or Property Damage sustained by its 

own employees, resulting from Licensed 

Activities, regardless of fault. 

(b) The United States shall be responsible 

for Property Damage it sustains, and for 

Bodily Injury 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. 

4. Extension of Assumption of Responsibility 

and Waiver and Release of Claims 

(a) Licensee shall extend the requirements 

of the waiver and release of claims, and the 

assumption of responsibility, hold harmless, 

and indemnification, as set forth in 

paragraphs 2(a) and 3(a), respectively, to its 

Contractors and Subcontractors by requiring 

them to waive and release all claims they 

may have against each Customer and the 

United States, and against the respective 

Contractors and Subcontractors of each, and 

to agree to be responsible, for Property 

Damage they sustain and to be responsible, 

hold harmless and indemnify each Customer 

and the United States, and the respective 

Contractors and Subcontractors of each, for 

Bodily Injury or Property Damage sustained 

by their own employees, resulting from 

Licensed Activities, regardless of fault. 

(b) Each Customer shall extend the 

requirements of the waiver and release of 

claims, and the assumption of responsibility, 

hold harmless, and indemnification, as set 

forth in paragraphs 2(b) and 3(a), 

respectively, to its Contractors and 

Subcontractors by requiring them to waive 

and release all claims they may have against 

Licensee, each other Customer and the 

United States, and against the respective 

Contractors and Subcontractors of each, and 

to agree to be responsible, for Property 

Damage they sustain and to be responsible, 

hold harmless and indemnify Licensee, each 

other Customer and the United States, and 

the respective Contractors and 

Subcontractors of each, for Bodily Injury or 

Property Damage sustained by their own 

employees, resulting from Licensed 

Activities, regardless of fault. 

(c) 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(c) and 3(b), 

respectively, to its Contractors and 

Subcontractors by requiring them to waive 

and release all claims they may have against 

Licensee and each Customer, and against the 

respective Contractors and Subcontractors of 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Rules and Regulations 8635 

each, and to agree to be responsible, for any 

Property Damage they sustain and for any 

Bodily Injury or Property Damage sustained 

by their own employees, resulting from 

Licensed Activities, regardless of fault, to the 

extent that claims they 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. 

5. Indemnification 

(a) Licensee shall hold harmless and 

indemnify each Customer and its directors, 

officers, servants, agents, subsidiaries, 

employees and assignees, or any of them, and 

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 

that Licensee’s Contractors and 

Subcontractors may have for Property 

Damage sustained by them and for Bodily 

Injury or Property Damage sustained by their 

employees, resulting from Licensed 

Activities. 

(b) Each Customer shall hold harmless and 

indemnify each other Customer and its 

directors, officers, servants, agents, 

subsidiaries, employees and assignees, or any 

of them, and the Licensee and its directors, 

officers, servants, agents, subsidiaries, 

employees and assignees, or any of them, and 

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 

that the first-named Customer’s Contractors 

and Subcontractors may have for Property 

Damage sustained by them and for Bodily 

Injury or Property Damage sustained by their 

employees, resulting from Licensed 

Activities. 

(c) To the extent provided in advance in an 

appropriations law or to the extent there is 

enacted additional legislative authority 

providing for the payment of claims, the 

United States shall hold harmless and 

indemnify Licensee and each Customer and 

their respective directors, officers, servants, 

agents, subsidiaries, employees and 

assignees, or any of them, from and against 

liability, loss or damage arising out of claims 

that Contractors and Subcontractors of the 

United States may have for Property Damage 

sustained by them, and for Bodily Injury or 

Property Damage sustained by their 

employees, resulting from Licensed 

Activities, to the extent that claims they 

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. 

6. Assurances Under 51 U.S.C. 50914(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 liability, loss or damage 

arising out of claims for Bodily Injury or 

Property Damage, resulting from Licensed 

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 agents; 

(ii) claims for Property Damage sustained by 

the United States or its Contractors and 

Subcontractors exceed the amount of 

insurance or demonstration of financial 

responsibility required under section 440.9(e) 

of the Regulations; (iii) claims by a Third 

Party for Bodily Injury or Property Damage 

exceed the amount of insurance or 

demonstration of financial responsibility 

required under section 440.9(c) of the 

Regulations, and do not exceed 

$1,500,000,000 (as adjusted for inflation after 

January 1, 1989) above such amount, and are 

payable pursuant to the provisions of 51 

U.S.C. 50915 and section 440.19 of the 

Regulations; or (iv) Licensee has no liability 

for claims exceeding $1,500,000,000 (as 

adjusted for inflation after January 1, 1989) 

above the amount of insurance or 

demonstration of financial responsibility 

required under section 440.9(c) of the 

Regulations. 

7. Miscellaneous 

(a) Nothing contained herein shall be 

construed as a waiver or release by Licensee, 

any Customer or the United States of any 

claim by an employee of the Licensee, any 

Customer or the United States, respectively, 

including a member of the Armed Forces of 

the United States, for Bodily Injury or 

Property Damage, resulting from Licensed 

Activities. 

(b) Notwithstanding any provision of this 

Agreement to the contrary, any waiver, 

release, assumption of responsibility or 

agreement to hold harmless and indemnify 

herein shall not apply to claims for Bodily 

Injury 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 Licensee and each 

Customer and the Contractors and 

Subcontractors of each of them, the directors, 

officers, agents and employees of any of the 

foregoing, and in the case of the United 

States, its agents. 

(c) References herein to Customer shall 

apply to, and be deemed to include, each 

such customer severally and not jointly. 

(d) 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: lllllllllllllllllll

Its: lllllllllllllllllll

Customer 1 

By: lllllllllllllllllll

Its: lllllllllllllllllll

[Signature lines for each additional customer] 

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 

■ 4. Revise Appendix C to part 440 to 

read as follows: 

Appendix C to Part 440—Agreement for 

Waiver of Claims and Assumption of 

Responsibility for Permitted Activities 

Part 1—Waiver of Claims and Assumption of 

Responsibility for Permitted Activities With 

One Customer 

This agreement is entered into this ll 

day of llll, by and among [Permittee] 

(the ‘‘Permittee’’), [Customer] (the 

‘‘Customer’’) 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(c) of the Commercial Space 

Transportation Licensing Regulations, 14 

CFR Ch. III (the ‘‘Regulations’’). This 

agreement applies to [describe permitted 

activity]. In consideration of the mutual 

releases and promises contained herein, the 

Parties hereby agree as follows: 

1. Definitions 

Customer means the above-named 

Customer. 

Permit means Permit No. ll issued on 

llll, by the Associate Administrator for 

Commercial Space Transportation, Federal 

Aviation Administration, Department of 

Transportation, to the Permittee, including 

all permit orders issued in connection with 

the Permit. 

Permittee means the holder of the Permit 

issued under 51 U.S.C. Subtitle V, ch. 509. 

United States means the United States and 

its agencies involved in Permitted Activities. 

Except as otherwise defined herein, terms 

used in this Agreement and defined in 51 

U.S.C. Subtitle V, ch. 509—Commercial 

Space Launch Activities, or in the 

Regulations, shall have the same meaning as 

contained in 51 U.S.C. Subtitle V, ch. 509, or 

the Regulations, respectively. 

2. Waiver and Release of Claims 

(a) Permittee hereby waives and releases 

claims it may have against Customer and the 

United States, and against their respective 

Contractors and Subcontractors, for Property 

Damage it sustains and for Bodily Injury or 

Property Damage sustained by its own 

employees, resulting from Permitted 

Activities, regardless of fault. 

(b) Customer hereby waives and releases 

claims it may have against Permittee and the 

United States, and against their respective 

Contractors and Subcontractors, for Property 

Damage it sustains and for Bodily Injury or 

Property Damage sustained by its own 

employees, resulting from Permitted 

Activities, regardless of fault. 

(c) The United States hereby waives and 

releases claims it may have against Permittee 

and Customer, and against their respective 

Contractors and Subcontractors, 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. 

3. Assumption of Responsibility 

(a) Permittee and Customer shall each be 

responsible for Property Damage it sustains 


jdjones on DSK8KYBLC1PROD with RULES
8636 Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Rules and Regulations 

and for Bodily Injury or Property Damage 

sustained by its own employees, resulting 

from Permitted Activities, regardless of fault. 

Permittee and Customer shall each hold 

harmless and indemnify each other, the 

United States, and the Contractors and 

Subcontractors of each Party, for Bodily 

Injury or Property Damage sustained by its 

own employees, resulting from Permitted 

Activities, regardless of fault. 

(b) 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) Permittee shall extend the requirements 

of the waiver and release of claims, and the 

assumption of responsibility, hold harmless, 

and indemnification, as set forth in 

paragraphs 2(a) and 3(a), respectively, to its 

Contractors and Subcontractors by requiring 

them to waive and release all claims they 

may have against Customer and the United 

States, and against the respective Contractors 

and Subcontractors of each, and to agree to 

be responsible, for Property Damage they 

sustain and to be responsible, hold harmless 

and indemnify Customer and the United 

States, and the respective Contractors and 

Subcontractors of each, for Bodily Injury or 

Property Damage sustained by their own 

employees, resulting from Permitted 

Activities, regardless of fault. 

(b) Customer shall extend the requirements 

of the waiver and release of claims, and the 

assumption of responsibility, hold harmless, 

and indemnification, as set forth in 

paragraphs 2(b) and 3(a), respectively, to its 

Contractors and Subcontractors by requiring 

them to waive and release all claims they 

may have against Permittee and the United 

States, and against the respective Contractors 

and Subcontractors of each, and to agree to 

be responsible, for Property Damage they 

sustain and to be responsible, hold harmless 

and indemnify Permittee and the United 

States, and the respective Contractors and 

Subcontractors of each, for Bodily Injury or 

Property Damage sustained by their own 

employees, resulting from Permitted 

Activities, regardless of fault. 

(c) 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(c) and 3(b), 

respectively, to its Contractors and 

Subcontractors by requiring them to waive 

and release all claims they may have against 

Permittee and Customer, and against the 

respective Contractors and Subcontractors of 

each, and to agree to be responsible, for any 

Property Damage they sustain, resulting from 

Permitted Activities, regardless of fault, to 

the extent that claims they 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. 

5. Indemnification 

(a) Permittee shall hold harmless and 

indemnify Customer and its directors, 

officers, servants, agents, subsidiaries, 

employees and assignees, or any of them, and 

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 

that Permittee’s Contractors and 

Subcontractors may have for Property 

Damage sustained by them and for Bodily 

Injury or Property Damage sustained by their 

employees, resulting from Permitted 

Activities. 

(b) Customer shall hold harmless and 

indemnify Permittee and its directors, 

officers, servants, agents, subsidiaries, 

employees and assignees, or any of them, and 

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 

that Customer’s Contractors and 

Subcontractors, may have for Property 

Damage sustained by them and for Bodily 

Injury or Property Damage sustained by their 

employees, resulting from Permitted 

Activities. 

6. Assurances Under 51 U.S.C. 50914(e) 

Notwithstanding any provision of this 

Agreement to the contrary, Permittee shall 

hold harmless and indemnify 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 or 

Property Damage, resulting from Permitted 

Activities, regardless of fault, except to the 

extent that it is provided in section 7(b) of 

this Agreement, except to the extent that 

claims (i) result from willful misconduct of 

the United States or its agents and (ii) for 

Property Damage sustained by the United 

States or its Contractors and Subcontractors 

exceed the amount of insurance or 

demonstration of financial responsibility 

required under section 440.9(e) of the 

Regulations. 

7. Miscellaneous 

(a) Nothing contained herein shall be 

construed as a waiver or release by Permittee, 

Customer or the United States of any claim 

by an employee of the Permittee, Customer 

or the United States, respectively, including 

a member of the Armed Forces of the United 

States, for Bodily Injury or Property Damage, 

resulting from Permitted Activities. 

(b) Notwithstanding any provision of this 

Agreement to the contrary, any waiver, 

release, assumption of responsibility or 

agreement to hold harmless and indemnify 

herein shall not apply to claims for Bodily 

Injury 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 Permittee and 

Customer and the Contractors and 

Subcontractors of each of them, the directors, 

officers, agents and employees of any of the 

foregoing, 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. 

Permittee 

By: lllllllllllllllllll

Its: lllllllllllllllllll

Customer 

By: lllllllllllllllllll

Its: lllllllllllllllllll

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 2—Waiver of Claims and Assumption of 

Responsibility for Permitted Activities With 

More Than One Customer 

This agreement is entered into this ____ 

day of llllllll, by and among 

[Permittee] (the ‘‘Permittee’’); [List of 

Customers]; (with [List of Customers] 

hereinafter referred to in their individual 

capacity as ‘‘Customer’’); 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(c) of the Commercial Space 

Transportation Licensing Regulations, 14 

CFR Ch. III (the ‘‘Regulations’’). This 

agreement applies to [describe permitted 

activity]. 

In consideration of the mutual releases and 

promises contained herein, the Parties hereby 

agree as follows: 

1. Definitions 

Customer means each above-named 

Customer. 

Permit means Permit No. lll issued on 

lllllllll, by the Associate 

Administrator for Commercial Space 

Transportation, Federal Aviation 

Administration, Department of 

Transportation, to the Permittee, including 

all permit orders issued in connection with 

the Permit. 

Permittee means the holder of the Permit 

issued under 51 U.S.C. Subtitle V, ch. 509. 

United States means the United States and 

its agencies involved in Permitted Activities. 

Except as otherwise defined herein, terms 

used in this Agreement and defined in 51 

U.S.C. Subtitle V, ch. 509—Commercial 

Space Launch Activities, or in the 

Regulations, shall have the same meaning as 

contained in 51 U.S.C. Subtitle V, ch. 509, or 

the Regulations, respectively. 

2. Waiver and Release of Claims 

(a) Permittee hereby waives and releases 

claims it may have against each Customer 

and the United States, and against their 

respective Contractors and Subcontractors, 

for Property Damage it sustains and for 

Bodily Injury or Property Damage sustained 

by its own employees, resulting from 

Permitted Activities, regardless of fault. 

(b) Each Customer hereby waives and 

releases claims it may have against each 

other Customer, the Permittee and the United 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Rules and Regulations 8637 

States, and against their respective 

Contractors and Subcontractors, for Property 

Damage it sustains and for Bodily Injury or 

Property Damage sustained by its own 

employees, resulting from Permitted 

Activities, regardless of fault. 

(c) The United States hereby waives and 

releases claims it may have against Permittee 

and each Customer, and against their 

respective Contractors and Subcontractors, 

for Property Damage it sustains resulting 

from Permitted 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 

section 440.9(e) of the Regulations. 

3. Assumption of Responsibility 

(a) Permittee and each Customer shall each 

be responsible for Property Damage it 

sustains and for Bodily Injury or Property 

Damage sustained by its own employees, 

resulting from Permitted Activities, 

regardless of fault. Permittee and each 

Customer shall each hold harmless and 

indemnify each other, the United States, and 

the Contractors and Subcontractors of each 

Party, for Bodily Injury or Property Damage 

sustained by its own employees, resulting 

from Permitted Activities, regardless of fault. 

(b) 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 or injury 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) Permittee shall extend the requirements 

of the waiver and release of claims, and the 

assumption of responsibility, hold harmless, 

and indemnification, as set forth in 

paragraphs 2(a) and 3(a), respectively, to its 

Contractors and Subcontractors by requiring 

them to waive and release all claims they 

may have against each Customer and the 

United States, and against the respective 

Contractors and Subcontractors of each, and 

to agree to be responsible, for Property 

Damage they sustain and to be responsible, 

hold harmless and indemnify each Customer 

and the United States, and the respective 

Contractors and Subcontractors of each, for 

Bodily Injury or Property Damage sustained 

by their own employees, resulting from 

Permitted Activities, regardless of fault. 

(b) Each Customer shall extend the 

requirements of the waiver and release of 

claims, and the assumption of responsibility, 

hold harmless, and indemnification, as set 

forth in paragraphs 2(b) and 3(a), 

respectively, to its Contractors and 

Subcontractors by requiring them to waive 

and release all claims they may have against 

Permittee, each other Customer and the 

United States, and against the respective 

Contractors and Subcontractors of each, and 

to agree to be responsible, for Property 

Damage they sustain and to be responsible, 

hold harmless and indemnify Permittee, each 

other Customer and the United States, and 

the respective Contractors and 

Subcontractors of each, for Bodily Injury or 

Property Damage sustained by their own 

employees, resulting from Permitted 

Activities, regardless of fault. 

(c) 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(c) and 3(b), 

respectively, to its Contractors and 

Subcontractors by requiring them to waive 

and release all claims they may have against 

Permittee and each Customer, and against the 

respective Contractors and Subcontractors of 

each, and to agree to be responsible, for any 

Property Damage they sustain and for any 

Bodily Injury or Property Damage sustained 

by their own employees, resulting from 

Permitted Activities, regardless of fault, to 

the extent that claims they would otherwise 

have for such damage or injury exceed the 

amount of insurance or demonstration of 

financial responsibility required under 

section 440.9(e) of the Regulations. 

5. Indemnification 

(a) Permittee shall hold harmless and 

indemnify each Customer and its directors, 

officers, servants, agents, subsidiaries, 

employees and assignees, or any of them, and 

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 

that Permittee’s Contractors and 

Subcontractors may have for Property 

Damage sustained by them and for Bodily 

Injury or Property Damage sustained by their 

employees, resulting from Permitted 

Activities. 

(b) Each Customer shall hold harmless and 

indemnify each other Customer and its 

directors, officers, servants, agents, 

subsidiaries, employees and assignees, or any 

of them, and the Permittee and its directors, 

officers, servants, agents, subsidiaries, 

employees and assignees, or any of them, and 

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 

that the first-named Customer’s Contractors 

and Subcontractors may have for Property 

Damage sustained by them and for Bodily 

Injury or Property Damage sustained by their 

employees, resulting from Permitted 

Activities. 

6. Assurances Under 51 U.S.C. 50914(e) 

Notwithstanding any provision of this 

Agreement to the contrary, Permittee shall 

hold harmless and indemnify 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 or 

Property Damage, resulting from Permitted 

Activities, regardless of fault, except to the 

extent that it is provided in section 7(b) of 

this Agreement, except to the extent that 

claims: (i) Result from willful misconduct of 

the United States or its agents and (ii) for 

Property Damage sustained by the United 

States or its Contractors and Subcontractors 

exceed the amount of insurance or 

demonstration of financial responsibility 

required under section 440.9(e) of the 

Regulations. 

7. Miscellaneous 

(a) Nothing contained herein shall be 

construed as a waiver or release by Permittee, 

any Customer or the United States of any 

claim by an employee of the Permittee, any 

Customer or the United States, respectively, 

including a member of the Armed Forces of 

the United States, for Bodily Injury or 

Property Damage, resulting from Permitted 

Activities. 

(b) Notwithstanding any provision of this 

Agreement to the contrary, any waiver, 

release, assumption of responsibility or 

agreement to hold harmless and indemnify 

herein shall not apply to claims for Bodily 

Injury 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 Permittee and each 

Customer and the Contractors and 

Subcontractors of each of them, the directors, 

officers, agents and employees of any of the 

foregoing, and in the case of the United 

States, its agents. 

(c) References herein to Customer shall 

apply to, and be deemed to include, each 

such customer severally and not jointly. 

(d) 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. 

Permittee 

By: lllllllllllllllllll

Its: lllllllllllllllllll

Customer 1 

By: lllllllllllllllllll

Its: lllllllllllllllllll

[Signature lines for each additional customer] 

Federal Aviation Administration of the 

Department of Transportation on Behalf of 

the United States Government 

By: lllllllllllllllllll

Its: lllllllllllllllllll

Issued in Washington, DC, on February 9, 

2011. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. 2011–3313 Filed 2–14–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 880 

[Docket No. FDA–2008–N–0106] (formerly 

Docket No. 2007N–0484) 

Medical Devices; Medical Device Data 

Systems 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA), on its own 


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