Notice2025-08097
Federal Site Providing Ground Safety Services and Oversight for Launch or Reentry Activities Conducted From a Commercial Site Located on Land Owned by a Federal Site
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 9, 2025
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This document clarifies that, in instances where launch or reentry activities are conducted from an FAA-licensed commercial site located on land that is owned by a Federal site that the commercial site uses pursuant to an agreement with the Federal site, and the Federal site provides ground safety services and oversight, the vehicle operator may be able to demonstrate an equivalent level of safety to the FAA's ground safety requirements.
Full Text
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<title>Federal Register, Volume 90 Issue 89 (Friday, May 9, 2025)</title>
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[Federal Register Volume 90, Number 89 (Friday, May 9, 2025)]
[Notices]
[Pages 19776-19778]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08097]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Federal Site Providing Ground Safety Services and Oversight for
Launch or Reentry Activities Conducted From a Commercial Site Located
on Land Owned by a Federal Site
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation.
ACTION: General notice.
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SUMMARY: This document clarifies that, in instances where launch or
reentry activities are conducted from an FAA-licensed commercial site
located on land that is owned by a Federal site that the commercial
site uses pursuant to an agreement with the Federal site, and the
Federal site provides ground safety services and oversight, the vehicle
operator may be able to demonstrate an equivalent level of safety to
the FAA's ground safety requirements.
FOR FURTHER INFORMATION CONTACT: For additional information concerning
this action, contact Katie Cranor, Acting Executive Director, Office of
Operational Safety, 800 Independence Ave. SW, Washington, DC 20591;
(202) 267-9525; <a href="/cdn-cgi/l/email-protection#675e4a2634334a2e0916120e150e02142701060649000811"><span class="__cf_email__" data-cfemail="ead3c7abb9bec7a3849b9f8398838f99aa8c8b8bc48d859c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Authority
The Commercial Space Launch Act of 1984, as amended and codified at
51 U.S.C. 50901 through 50923, authorizes the DOT, and the FAA through
delegation,\1\ to oversee, license, and regulate commercial launch and
reentry activities, and the operation of launch and reentry sites \2\
as carried out by U.S. citizens or within the United States. The FAA
exercises these responsibilities consistent with public health and
safety, safety of property, and the national security and foreign
policy interests of the United States. See 51 U.S.C. 50905.
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\1\ See 49 CFR 1.83(b).
\2\ For definitions of the terms ``launch,'' ``reentry,''
``launch site,'' or ``reentry site,'' see 14 CFR 401.7.
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II. Background
As defined in Sec. 401.7 of title 14 of the Code of Federal
Regulations (CFR), a ``Federal site'' is ``a launch or reentry site,
from which launches routinely take place, that is owned and operated by
the government of the United States.''
This document also references a ``commercial site.'' For the
purposes of this document, a commercial site is a launch or reentry
site operated \3\ under an FAA license in accordance with 14 CFR part
420 or part 433. Unlike a Federal site, a commercial site is not owned
and operated by the government of the United States. In operating a
commercial site, the site license holder is required to, among other
things, prevent unauthorized public access to the site; schedule and
coordinate hazardous activities conducted by customers; issue all
necessary notifications prior to a launch from the launch site,
including notifications to all adjacent property owners and local
jurisdictions of the pending flight of a launch vehicle; and follow the
requirements and procedures of the site's explosive site plan. See 14
CFR part 420, subpart D. A site operator license authorizes the
operation of a site but does not include an authorization for an
operator to conduct a launch or reentry. Any vehicle operators seeking
to conduct launch or reentry from a launch or reentry site must obtain
a separate vehicle operator license in accordance with the applicable
regulations in 14 CFR chapter III.
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\3\ The FAA issues licenses to the operators of commercial
launch or reentry sites. Any natural or legal person that meets any
of the conditions set forth in paragraphs (b)(2), (c)(2), or (d) of
14 CFR 413.3 and intends to offer its launch site to others is
required to obtain a commercial launch site license in accordance
with the procedures set forth in 14 CFR part 420. See 14 CFR
413.1(b), .3(b)(2), .3(c)(2), and .3(d). Natural or legal persons
meeting any of the conditions set forth in paragraphs (b)(4),
(c)(4), or (e) of 14 CFR 413.3 and intending to offer a reentry site
to others are required to obtain a commercial reentry site license
in accordance with the procedures set forth in 14 CFR part 433. See
14 CFR 413.1(b), .3(b)(4), .3(c)(4), and .3(e). Licenses to operate
a launch or reentry site authorize the license holder to host
vehicle activities in accordance with the terms of the license. See
14 CFR 420.41(b) and 433.3(b).
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A. Ground Safety Requirements Exemption for Launch and Reentry
Activities From Federal Sites
Under certain circumstances, vehicle operators conducting launch or
reentry activities from a Federal site need not demonstrate compliance
with the ground safety requirements in 14 CFR 450.181 through 450.189.
Examples of Federal sites include the Cape Canaveral Space Force
Station (CCSFS), Vandenberg Space Force Base (VSFB), Wallops Flight
Facility (WFF), and Kennedy Space Center (KSC).
Specifically, for activities licensed under 14 CFR part 450, Sec.
450.179(b) exempts a vehicle operator from demonstrating compliance
with the ground safety requirements in Sec. Sec. 450.181 through
450.189 if: (1) the launch or reentry is being conducted from a Federal
launch or reentry site; (2) the operator has a written agreement with
the Federal launch or reentry site for the provision of ground safety
services and oversight; and (3) the FAA has determined that the Federal
launch or reentry site's ground safety processes, requirements, and
oversight are not inconsistent with the FAA's statutory authority
(through delegation) over commercial space activities. See 14 CFR
450.179(b).
For the purpose of establishing that the ground safety requirements
exemption in Sec. 450.179(b) applies, the Federal site may seek a
determination from the FAA that the condition in of Sec. 450.179(b)(3)
has been met--that is, the determination that the Federal site's ground
safety processes, requirements, and oversight are not inconsistent with
[[Page 19777]]
the FAA's statutory authority over commercial space activities. In
making the Sec. 450.179(b)(3) determination, the FAA will consider the
nature and frequency of launch and reentry activities conducted from
the Federal launch or reentry site, coordination between the FAA and
the Federal launch or reentry site safety personnel, and the
Administrator's knowledge of the Federal launch or reentry site's
requirements. See 14 CFR 450.179(c). Upon the issuance of the Sec.
450.179(b)(3) determination for a particular Federal site, the FAA will
develop a Memorandum of Agreement (MOA), or similar agreement, with
that Federal site and publish it on the FAA's website. These agreements
and related documents memorialize the FAA's findings related to the
oversight and services provided at the corresponding Federal site.
Together with documentation demonstrating that the conditions in
Sec. Sec. 450.179(b)(1) through (b)(2) are met, a vehicle operator may
then use the MOA or similar agreement to demonstrate compliance with
Sec. 450.179(b) rather than the ground safety requirements in
Sec. Sec. 450.181 through 450.189. See 14 CFR 450.179(b).
B. Availability of Equivalent Level of Safety Determination To Ground
Safety Requirements for Some Launch or Reentry Activities From
Commercial Sites
In some instances, commercial sites, which hold launch and/or
reentry site operator licenses that are issued by the FAA under 14 CFR
part 420 or part 433, are located on land owned by a Federal site.\4\
The Mid-Atlantic Regional Spaceport (MARS) at WFF, Space Florida (SPFL)
LC-46 at CCSFS, and the Shuttle Landing Facility (SLF) at KSC are
examples of commercial sites located on land owned by a Federal site
but not operated by the U.S. Government because the site license
holders have a lease or agreement with a Federal site to operate their
commercial site within the boundaries of the Federal site.
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\4\ For the purposes of this document, references to the fact
that a commercial site is located on land that is owned by a Federal
site are used as a shorthand to indicate that the land on which the
commercial site is located is owned by the Federal site but used
and/or occupied by the commercial site pursuant to a lease or
similar agreement with the Federal site.
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Even in instances when the Federal site leasing the land to the
commercial site has obtained a Sec. 450.179(b)(3) determination, and
per agreement with either the commercial site or vehicle operator, is
providing ground safety services equivalent to those for which the
Federal site obtained a Sec. 450.179(b)(3) determination, commercial
vehicle operators conducting launch or reentry activities from the
commercial site are unable to qualify for the ground safety
requirements exemption in 14 CFR 450.179(b). This is due to the fact
that the ground safety requirements exemption in 14 CFR 450.179(b) is
only available when the proposed launch or reentry activity will be
conducted from a Federal launch or reentry site (rather than a
commercial site operating its site within the boundaries of a Federal
site through a lease or similar agreement).
However, subject to the requirements discussed below, vehicle
operators operating from a commercial site can obtain an Equivalent
Level of Safety Determination (ELOS Determination) to the ground safety
requirements of Sec. Sec. 450.181 through 450.189 when (1) the
proposed launch or reentry activity will be conducted from a commercial
site that is located on land owned by a Federal site, (2) the Federal
site has obtained a Sec. 450.179(b)(3) determination for the ground
safety services provided at the Federal site, and (3) the vehicle
operator or site operator \5\ and the Federal site have agreed in
writing that the Federal site will provide ground safety services and
oversight for the proposed launch or reentry activity equivalent to
those at the Federal site.
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\5\ A vehicle operator may only have an agreement with a
commercial site operator to conduct launch or reentry operations at
that commercial site. If this is the case, the commercial site and
the Federal site may have a contractual arrangement in place
according to which the Federal site provides ground safety services
and oversight to vehicle operators conducting launch or reentry
activities from the commercial site.
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III. Rationale for Availability of ELOS Determination
For the majority of requirements in 14 CFR part 450, an applicant
can propose an alternative approach that does not satisfy the
requirement if the applicant clearly and convincingly demonstrates that
the alternative approach provides an equivalent level of safety to the
requirement. See 14 CFR 450.37. Under Sec. 401.7, the phrase
``equivalent level of safety'' is defined as ``an approximately equal
level of safety as determined by qualitative or quantitative means.''
A vehicle operator may demonstrate an ELOS with part 450's ground
safety requirements when the following conditions are met: (1) the
licensed activity occurs at a commercial site located on land owned by
a Federal site; (2) the Federal site has obtained a Sec. 450.179(b)(3)
determination; and (3) there is a written agreement for the Federal
site to provide ground safety services and oversight for the vehicle
operator. This is because the FAA has found that a Federal site that
has obtained a Sec. 450.179(b)(3) determination has ground safety
processes, requirements, and oversight that are not inconsistent with
the FAA's statutory authority over commercial space activities. As a
result, vehicle operators conducting launch or reentry from such
Federal sites may not be required to comply with the part 450 ground
safety requirements. Because the ground safety services offered to a
vehicle operator conducting launch or reentry activities from a
commercial site located on land owned by a Federal site are equivalent
to the services offered on the Federal site itself; and because the
Federal entity providing ground safety services and oversight to the
commercial site is familiar with the site and its facilities, safety
personnel, and operations, the FAA finds that the vehicle operator may
demonstrate an ELOS to the part 450 ground safety requirements.
Further, when the commercial site is located on land owned by a Federal
site pursuant to a lease or similar agreement, the Federal site
generally has more familiarity with or oversight of the commercial site
because of the physical proximity of the two sites. This proximity
facilitates coordination among the two sites, such as when the Federal
site's personnel are able to physically access the commercial site or
the commercial site uses the Federal site's infrastructure and
resources. Thus, at this time, the FAA finds a vehicle operator using a
Federal site for ground safety services and oversight may demonstrate
an equivalent level of safety to the FAA's ground safety requirements
only when the commercial site is also located on land that is owned by
the Federal site.
IV. Implementation
An applicant proposing to conduct launch or reentry from a
commercial site located on land that is owned by a Federal site may be
able to demonstrate an equivalent level of safety with the ground
safety requirements of Sec. Sec. 450.181 through 450.189. Such an
applicant should request an equivalent level of safety determination
during pre-application consultation. In particular, if an applicant
proposes to conduct launch or reentry activities from a commercial site
that is located on land that is owned by a Federal site and the Federal
site has obtained a Sec. 450.179(b)(3) determination for ground safety
services provided at the Federal site, the applicant may be able to
demonstrate an equivalent level of
[[Page 19778]]
safety with the ground safety requirements of Sec. Sec. 450.181
through 450.189. The applicant would need to demonstrate that the
Federal site has agreed, in writing, to provide ground safety services
and oversight for launch or reentry activities conducted at the
commercial site equivalent to those for which the Federal site obtained
a Sec. 450.179(b)(3) determination. In order to assess whether the
Federal site has obtained a Sec. 450.179(b)(3) determination for
ground safety services provided at the Federal site, the FAA will look
to whether a MOA, or similar agreement, with that site has been
developed and published on the FAA's website. The existence of such
documentation assures the FAA that the Federal site's ground safety
services are not inconsistent with the FAA's statutory authority over
commercial space activities.
In order to demonstrate that the Federal site will provide to the
commercial site ground safety services and oversight equivalent to
those for which it obtained a Sec. 450.179(b)(3) determination, a
vehicle operator would also need to demonstrate in its license
application that the Federal site has contractually agreed to provide
ground safety services and oversight for the purpose of the proposed
launch or reentry activity. If the vehicle operator has directly
contracted with the Federal site for the provision of the ground safety
services and oversight, that agreement is likely sufficient to
demonstrate that the Federal site has contractually agreed to provide
ground safety services and oversight for the purpose of the proposed
launch or reentry activity. However, if there is not a direct
contractual relationship between the vehicle operator and the Federal
site, the vehicle operator could demonstrate that the Federal site has
contractually agreed to provide ground safety services and oversight
for the purpose of the proposed launch or reentry activity by including
both its agreement with the commercial site and the agreement between
the commercial site and the Federal site for the provision of ground
safety services and oversight. A comparison of the obligations and
responsibilities outlined in the agreements with the services for which
the Federal site obtained a Sec. 450.179(b)(3) determination will also
allow the FAA to assess whether the ground safety services, and
oversight provided at the commercial site will be equivalent to the
ground safety services and oversight available at the corresponding
Federal site.
V. Existing Sec. 450.179(b)(3) Determinations
At the time of this Notice, Sec. 450.179(b)(3) determinations have
been obtained for ground safety services at the following Federal
sites:
Memorandum of Agreement (MOA) Between the Department of the Air
Force (DAF) and the FAA for Launch and Reentry Activity on Department
of the Air Force Ranges and Installations (specifically CCSFS and
VSFB), Agreement Number: FAA-DAF-SLR-2021.01.
<bullet> This MOA states that the DAF will provide ground safety
services and oversight for activity on a USSF installation consistent
with the FAA Ground Safety Policy, 3 November, 2020, and 14 CFR
450.179(b). The DAF will ensure its ground safety requirements and
process protect the public health and safety, safety of property, and
national security and foreign policy interests of the U.S.
Notice of Determination on KSC Ground Safety Services and
Oversight, dated December 12, 2024.
<bullet> This document establishes that, in accordance with 14 CFR
450.179(b)(3) and (c), the FAA has determined that the NASA KSC ground
safety processes, requirements, and oversight are not inconsistent with
the FAA's statutory authority over commercial space activities
conducted at NASA KSC.
Non-reimbursable Umbrella Interagency Agreement (IAA) Between the
NASA and FAA for Commercial Launch and Reentry Activities on NASA
Ranges and Installations, signed January 10, 2025.
<bullet> This IAA states that for licensed launch and reentry
operations from a Federal launch site, the FAA will accept NASA ground
safety processes and procedures performed in accordance with the
appropriate Annex of this Umbrella IAA. The FAA and NASA will execute
Annexes focused on the most utilized NASA installations at NASA KSC and
WFF.
The contents of this document do not have the force and effect of
law and are not meant to bind the public in any way. It is intended
only to provide clarity to the public regarding existing requirements
under the law and agency policies.
Issued in Washington, DC.
Katie Cranor,
Director, Office of Operational Safety (Acting), Commercial Space
Transportation, Federal Aviation Administration.
[FR Doc. 2025-08097 Filed 5-8-25; 8:45 am]
BILLING CODE 4910-13-P
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