keep PART 1266—CROSS-WAIVER OF LIABILITY
Implements cross-waiver of liability requirements from the International Space Station intergovernmental agreement and for NASA's other launch-related activities. Requires NASA agreements to include waivers where parties and their related entities (contractors, subcontractors, users, customers) waive claims for damage arising from 'Protected Space Operations,' with exceptions for claims between a party and its own related entities, personal injury/death, willful misconduct, intellectual property, and certain contract breaches.
Deletion would undermine U.S. treaty obligations, create legal uncertainty, and increase transaction costs for international space cooperation. The regulation achieves predictable risk allocation across complex, multinational partnerships that private actors could not efficiently negotiate independently, thereby encouraging participation in space exploration without significant regulatory burden.