---
kind: "section"
citation: "14 C.F.R. § 440.5"
title: "14"
number: "440.5"
heading: "General."
url: "https://uscodex.org/cfr/14/440.5"
---

# §440.5. General.

- (a) No person may commence or conduct any launch or reentry activity that requires a license or permit unless that person has demonstrated compliance with the requirements of this part.
- (b) The FAA will prescribe the amount of financial responsibility a licensee or permittee must obtain and any adjustments of the amount in a license or permit order issued concurrent with or subsequent to the issuance of a license or a permit.
- (c) Demonstration of financial responsibility under this part shall not relieve a licensee of ultimate responsibility for liability, loss, or damage sustained by the United States resulting from a licensed activity, except to the extent that:
  - (1) Liability, loss, or damage sustained by the United States results from willful misconduct of the United States or its agents;
  - (2) Any covered claim of a third party for bodily injury or property damage arising out of any particular licensed activity exceeds the amount of financial responsibility required under [§ 440.9(c)](/cfr/14/440.9.md?p=c) of this part and does not exceed $1,500,000,000 (as adjusted for inflation occurring after January 1, 1989) above such amount, and are payable pursuant to [51 U.S.C. 50915](/usc/51/50915.md) and [§ 440.19](/cfr/14/440.19.md) of this part. A claim of an employee of any entity listed in [paragraphs (1)(ii) through (1)(iii)](#c-1-ii..c-1-iii) in the Third party definition in [§ 440.3](/cfr/14/440.3.md) of this part for bodily injury or property damage is not a covered claim;
  - (3) A covered claim for property loss or damage exceeds the amount of financial responsibility required under [§ 440.9(e)](/cfr/14/440.9.md?p=e) of this part and does not result from willful misconduct of the licensee; or
  - (4) The licensee has no liability for covered claims by third parties for bodily injury or property damage arising out of any particular launch or reentry that exceeds $1,500,000,000 (as adjusted for inflation) above the amount of financial responsibility required under [§ 440.9(c)](/cfr/14/440.9.md?p=c).
- (d) Demonstration of financial responsibility under this part does not relieve a permittee of ultimate responsibility for liability, loss, or damage sustained by the United States resulting from a permitted activity, except to the extent that:
  - (1) Liability, loss, or damage sustained by the United States results from willful misconduct of the United States or its agents; or
  - (2) A covered claim for property loss or damage to the United States exceeds the amount of financial responsibility required under [§ 440.9(e)](/cfr/14/440.9.md?p=e) and does not result from willful misconduct of the permittee.
- (e) A licensee's or permittee's failure to comply with any requirement of this part may result in suspension or revocation of a license or permit, and subject the licensee or permittee to civil penalties as provided in [part 405](/cfr/14/part405.md) of this chapter.

## Notes

### Amendments

[Doc. No. FAA-2005-23449, 71 FR 75632, Dec. 15, 2006, as amended by Amdt. 440-3, 77 FR 20533, Apr. 5, 2012]

### Authority

Authority: 51 U.S.C. 50901-50923.

### Source

Source: Docket No. FAA-2005-23449, 71 FR 75632, Dec. 15, 2006, unless otherwise noted.

### Amendments

[Doc. No. FAA-2005-23449, 71 FR 75632, Dec. 15, 2006, as amended by Amdt. 440-3, 77 FR 20533, Apr. 5, 2012]