AdvisoryU.S. Department of Transportation Federal Aviation Circular Administration Subject: Control of Hazard Areas Date: 12-21-2022 AC No: 450.161-1 Initiated By: AST-1 This Advisory Circular (AC) provides guidance for an operator to meet the requirements of Title 14 of the Code of Federal Regulations (CFR) § 450.161 to publicize, survey, control, or evacuate each flight hazard area identified under § 450.133 prior to initiating flight of a launch vehicle or the reentry of a reentry vehicle to the extent necessary to ensure compliance with the risk criteria in § 450.101.
This AC describes acceptable means, but not the only means, for demonstrating compliance with the applicable regulations. It is intended to assist prospective applicants in obtaining commercial space authorizations and operating in compliance with commercial space regulations. 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. The document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies.
If you have suggestions for improving this AC, you may use the Advisory Circular Feedback form at the end of this AC.
COLEMAN Digitally signed by KELVIN BKELVIN B COLEMAN Date: 2022.12.22 11:32:49 -05'00' Kelvin B. Coleman Associate Administrator FAA, Office of Commercial Space Transportation
Contents Paragraph Page
1 Purpose1
2 Applicability1
3 Applicable Regulations and Related Documents2
4 Definition of Terms3
5 Acronyms4
6 Control of Hazard Areas – General6
6.1 Guidance on Launch from a Federal Range6
6.2 Guidance on Flight Safety Analysis6
7 Publishing Warnings for Each Hazard Area7
7.1 Clarity of Warnings7
7.2 Methods of Publicizing Warnings for Land Hazard Areas7
7.3 Methods of Publicizing Warnings for Waterborne Vessel Hazard Areas7
7.4 Methods of Publicizing Warnings for Airspace Hazard Volumes8
7.4.1 Notices to Air Missions8
7.4.2 Altitude Reservation8
7.4.3 Department of Defense8
7.4.4 Notification to Foreign Entities8
7.5 Determining Warnings Have Been Issued in the U.S9
7.6 Determining Whether Warnings Have Been Issued to Foreign Entities9
8 Performing Surveillance of Hazard Areas10
8.1 External Entities10
8.2 Sufficiency10
8.3 Methods for Day-of-Flight Surveillance11
8.3.1 Land Hazard Areas11
8.3.2 Waterborne Vessel Hazard Areas11
8.3.3 Airspace Hazard Volumes11
8.4 Surveillance Plans to Submit with an Application12
8.4.1 Description for providing Day-of-Flight Surveillance12
8.4.2 Surveillance of Land, Sea, and Air12
9 Controlling Flight Hazard Areas13
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12/21/2022 D R A F T AC 450.161-1 Contents (continued) Paragraph Page
9.1 Methods for Day-of-Launch Control of Land Hazard Areas13
9.2 Methods for Day-of-Launch Control of Airspace Hazard Volumes14
10 Controlling Waterborne Vessel Hazard Areas15
10.1 Commercial Space Operator Requirements for Waterborne Vessel Hazard Areas15
11 Evacuation Areas15
11.1 Evacuation Area Procedures15
11.2 Evacuating the Public from Flight Hazard Areas Having Toxic Risk15
Appendix A. Statement of Policy on Use of Letter of Intent16
Appendix B. Letter of Intent19
Appendix C. Section 3.4 of RCC 321-16 Common Risk Criteria Standards for National Test
Ranges29
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1 PURPOSE.
1.1 This AC provides guidance on meeting the requirements of § 450.161 to publicize, survey, control, or evacuate each flight hazard area identified under § 450.133 prior to initiating flight of a launch vehicle or the reentry of a reentry vehicle to the extent necessary to ensure compliance with the risk criteria in § 450.101. Section 450.161(b) requires an operator to perform surveillance sufficient to verify or update the results of the flight safety analysis. An operator must, in accordance with § 450.161(c), publicize warnings for each flight hazard area except for regions of land, sea, or air under the control of the vehicle operator, site operator, or other controlling authority with which the operator has an agreement.
1.2 Level of Imperatives.
This AC presents one, but not the only, acceptable means of compliance with the associated regulatory requirements. The Federal Aviation Administration (FAA) will consider other means of compliance that an applicant may elect to present. In addition, an operator may tailor the provisions of this AC to meet its unique needs, provided the changes are accepted as a means of compliance by the FAA during review of the application for a license. Throughout this document, the word “must” characterizes statements that directly follow from regulatory text and therefore reflect regulatory mandates. The word “should” describes an option that, if used would constitute a means to comply with the regulation; variation from the provisions of this AC is possible but must satisfy the regulation to constitute a means of compliance. The word “may” describes variations or alternatives allowed within the accepted means of compliance set forth in this AC.
2 APPLICABILITY.
2.1 The guidance in this AC is for launch and reentry vehicle applicants and operators required to comply with 14 CFR part 450. The guidance in this AC is for those seeking a launch or reentry vehicle operator license and licensed operators seeking to renew or modify an existing vehicle operator license.
2.2 The material in this AC is advisory in nature and does not constitute a regulation. This guidance is not legally binding in its own right, and the FAA will not rely upon this guidance as a separate basis for affirmative enforcement action or other administrative penalty. Conformity with this guidance document (as distinct from existing statutes and regulations) is voluntary only, and nonconformity will not affect rights and obligations under existing statutes and regulations.
2.3 The material in this AC does not change or create any additional regulatory requirements, nor does it authorize changes to, or deviations from, existing regulatory requirements.
3.1
3.2 APPLICABLE REGULATIONS AND RELATED DOCUMENTS.
Related United States Code (U.S.C.) Statute.
• 51 U.S.C. Subtitle V, Chapter 509.
Related FAA Commercial Space Transportation Regulations.
The following regulations from Title 14 of the CFR must be accounted for when showing compliance with 14 CFR § 450.161, Control of Hazard Areas. The full text of these regulations can be downloaded from the U.S. Government Printing Office e-CFR.
A paper copy can be ordered from the Government Printing Office, Superintendent of Documents, Attn: New Orders, P.O. Box 371954, Pittsburgh, PA, 15250-7954.
• Section 401.7, Definitions.
• Section 450.101, Safety criteria.
• Section 450.133, Flight hazard area analysis.
• Section 450.137, Far-field overpressure blast effects analysis.
• Section 450.139, Toxic hazards for flight.
• Section 450.147, Agreements.
• Section 450.165, Flight commit criteria.
• Section 450.187, Toxic hazards mitigation for ground operations.
3.3 FA A Documents.
Note: FAA Advisory Circulars (are available through the FAA website, http://www.faa.gov).
• AC 450.109-1, Flight Hazard Analysis, dated August 5, 2021.
• AC 450.115-1A, High Fidelity Flight Safety Analysis, dated June 24, 2021.
• AC 450.139-1, Toxic Release Hazard Analysis, when published.
• FAA Statement of Policy on Use of Letter of Intent (LOI) Between the United States Coast Guard (U SCG) and a Commercial Space Operator to Establish Procedures for Issuance of Notice to Mariners (NOTMAR) and Other Measures Necessary to Protect Public Health and Safety for a Launch or Reentry.
3.4 Related Technical Reports.
• National Research Council. Streamlining Space Launch Range Safety. The National
Academies Press, Washington D.C. 2000. http://www.nap.edu/catalog/9790.html.
4 DEFINITION OF TERMS.
For this AC, the following terms and definitions from § 401.7 apply.
4.1 Captain of the Port (COTP) United States Coast Guard (USCG) official responsible for enforcing, within their respective areas, port safety and security and marine environmental protection regulations. These regulations include, without limitation, the following: the protection and security of vessels, harbors, and waterfront facilities; anchorages; security zones;
safety zones; regulated navigation areas; deep water ports; water pollution; and ports and waterways safety.
4.2 Navigable Waters of the United States (navigable waterway) Navigable Waters refers to the territorial seas of the United States (U.S.); internal waters of the U.S. that are subject to tidal influence; and internal waters of the U.S. not subject to tidal influence that are or have been used as highways for substantial interstate or foreign commerce, or have been determined by a governmental or non-governmental body having expertise in waterway improvement to be capable of improvement to provide highways for substantial interstate or foreign commerce. See 33 C.F.R. § 2.36(a).
4.3 Navigational Telex (NAVTEX) NAVTEX is the primary means designated by the International Maritime Organization for transmitting coastal urgent marine safety information to ships worldwide. In the U.S., NAVTEX is broadcasted from USCG facilities. NAVTEX is part of the Global Maritime Distress and Safety System, which has been incorporated into the International Convention for the Safety of Life at Sea, 1974, to which the U.S. is a party. All NAVTEX broadcasts are made on 518 kHz, using narrow-band direct printing 7-unit forward error correcting transmission.
4.4 Notice to Mariners (NOTMAR) Notice published weekly by the National Geospatial Intelligence Agency (NGA) and prepared jointly with the USCG and National Ocean Service. It is intended to advise mariners of new hydrographic discoveries, changes in channels and navigational aids, and information concerning the safety of navigation. It may also contain information to update charts and publications, information from Local Notices to Mariners (LNMs) published by USCG districts, and information compiled from foreign notices to mariners, ship reports, and similar cooperating observer reports.
4.5 Broadcast Notice to Mariners (BNM) The most expedient method of disseminating important navigation safety information.
Two agencies within the U.S., the USCG and the NGA, are responsible for broadcasting navigation information. Each agency has a particular geographic area of responsibility.
4.6 Local Notice to Mariners (LNM) The USCG’s primary means for disseminating navigation safety information concerning aids to navigation, hazards to navigation, and other items of interest to mariners navigating the waters of the U.S., its territories, and possessions. Each District Commander is responsible for issuing an LNM each week containing information that contributes to navigation safety and maritime security within the boundaries of the District.
5 ACRONYMS.
AC – Advisory Circular ADS-B – Automatic Dependent Surveillance – Broadcast AIS – Automatic Identification System ALTRV – Altitude Reservation ANSP – Air Navigation Service Provider AST – Office of Commercial Space Transportation ATC – Air Traffic Control ATCSCC – Air Traffic Control System Command Center ATO – Air Traffic Organization BMN – Broadcast Notice to Mariners CARF – Central Altitude Reservation Function CFR – Code of Federal Regulations COTP – USCG Captain of the Port DOD – Department of Defense FAA – Federal Aviation Administration FSA – Flight Safety Analysis GMT – Greenwich Mean Time HF – High Frequency LOI – Letter of Intent LNM – Local Notice to Mariners MF – Medium Frequency MLAT – Multilateration NAVTEX – Navigational Telex NGA – National Geospatial Intelligence Agency NOTAM – Notices to Air Missions 4
NOTMAR – Notice to Mariners NTM – Notice to Mariners OMB – Office of Management and Budget PC – Probability of Casualty RADAR – Radio Detection and Ranging RCC – Range Commanders Council U.S. – United States USCG – United States Coast Guard U.S.C. – United States Code VHF – Very High Frequency 5
6 CONTROL OF HAZARD AREAS – GENERAL.
The publicizing, surveying, controlling, and evacuating of hazard areas allow for the mitigation of risk to the public and potential damage to property. For this reason, the FAA requires in § 450.133 that operators include in their flight safety analysis (FSA) a flight hazard area analysis that identifies each region of land, sea, or air that must be surveyed, publicized, controlled, or evacuated in order to control the risk to the public in accordance with § 450.101. Under § 450.161, an operator must implement hazard area controls for each identified flight hazard area prior to initiating flight of a launch vehicle or the reentry of a reentry vehicle to the extent necessary to ensure compliance with the risk criteria found in § 450.101.
6.1 Guidance on Launch from a Federal Range.
Note that in some cases, applicants may meet the requirements of § 450.45(b), in which the FAA accepts any safety-related launch or reentry service or property provided by a Federal launch or reentry site or other Federal entity by contract, as long as the FAA determines that the launch or reentry services or property provided satisfy part 450. In the cases where § 450.45(b) applies and the FAA has determined that a Federal site’s publicizing, surveillance, control, and evacuation of hazard areas satisfy § 450.161, the applicant could benefit from reduced uncertainty, a faster review time by the FAA, and a reduced need for detailed descriptions under § 450.161(d)(1) and (d)(2).
6.2 Guidance on Flight Safety Analysis.
As noted above, the requirements of § 450.161 are based on the results of a flight hazard area analysis conducted in accordance with § 450.133 as part of an FSA.
Guidance on how to identify hazard areas of concern is available in AC 450.115-1A, High Fidelity Flight Safety Analysis. Section 450.133 specifies the factors that must be taken into account in preparing a flight hazard area analysis, including requirements for identifying any waterborne vessel hazard area(s), land hazard area(s), and airspace hazard volume(s) that must be surveyed, publicized, controlled, or evacuated in order to control the risk to the public.
7 PUBLISHING WARNINGS FOR EACH HAZARD AREA.
In accordance with § 450.161(c), an operator must publicize warnings for each flight hazard area. The warnings should include land hazard areas, waterborne vessel hazard areas, and airspace hazard volumes. An operator is not required, per § 450.161(c), to publicize warnings for regions of land, sea, or air that are under the control of the vehicle operator, site operator, or other controlling authority with which the operator has an agreement. An operator may enter into an agreement with another entity who will publish warnings on its behalf. In accordance with § 450.161(c)(1) and (2), if an operator relies on another entity to publicize these warnings, the operator must determine whether the warnings have been issued, and notify the FAA if the warnings have not been issued so that the FAA can determine if the launch or reentry can be conducted in a manner that sufficiently protects the public.
7.1 Clarity of Warnings.
Before publishing warnings, an operator should ensure that the warnings contain the necessary information to accurately describe the location, time, and nature of the hazard. Warnings should be provided in a format that is clear to the receiving entity and to the public. Operators should follow the procedures established in their agreements with all entities providing warning services, as required by § 450.147.
7.2 Methods of Publicizing Warnings for Land Hazard Areas.
An operator should coordinate with appropriate local entities, such as launch site operators, local government officials, and law enforcement to publicize warnings for land hazard areas. Warnings may be published via local newspapers, city event calendars, alert messaging services, news releases, signs/placards, or by other means.
Social media is best used as a supplementary notification, rather than a primary means of publicizing hazard areas. If an operator utilizes an entity to provide land hazard area warnings required by § 450.161, then it must have a written agreement specifying roles and responsibilities, as required by § 450.147(b). Physical methods for publicizing land hazard areas may include the use of signs, notices, placards, flags, or other visual warnings, that can be publicly displayed. On day of launch, a public address system, if available, may be used to restate warnings aurally at or near the launch or reentry site
(e.g. loudspeakers or telephone paging).
7.3 Methods of Publicizing Warnings for Waterborne Vessel Hazard Areas.
Operators should coordinate with appropriate entities, including the USCG, other launch site operators, other applicable maritime authorities, or service providers to publicize warnings for waterborne vessel hazard areas in accordance with § 450.147(a)(2). The primary method is to coordinate with the USCG to publicize these warnings in the form of NOTMARs. Flags, buoys, and other visual warnings can be publicly displayed on and around docks and harbors to warn mariners. Written notices for the hazard area may be handed out around affected docks and harbors. On day of launch, marine very high frequency (VHF) radio transmissions may be used to restate warnings aurally. VHF-FM voice broadcasts generally contain all information that applies to inland waters and seaward to 20 nautical miles. Medium frequency (MF) 7
broadcasts (out to 100 nautical miles) and high frequency (HF) broadcasts (out to 200 nautical miles), delivered via NAVTEX, duplicate the VHF-FM broadcasts.
7.4 Methods of Publicizing Warnings for Airspace Hazard Volumes.
Operators must establish agreements for Notices to Air Missions (NOTAM) as required by § 450.147(a)(3) that define procedures for the issuance of NOTAMs. The following sub-paragraphs identify organizations responsible for the issuance of warnings for airspace hazard volumes. If the applicant has difficulty contacting those organizations, it may contact the FAA’s Office of Commercial Space Transportation (AST) for additional guidance.
7.4.1 Notices to Air Missions.
Operators should coordinate directly with the FAA’s Air Traffic Organization (ATO), applicable air navigation service provider (ANSP), or site operator to issue a NOTAM.
An operator may use another entity to issue a NOTAM on its behalf if it has an agreement with that entity, pursuant to § 450.147(a). NOTAM information may be communicated via web portal, email, telephone, or by other appropriate communications method. A NOTAM should be issued prior to a launch or reentry, for closing of air routes during the respective launch and reentry windows, and for other measures necessary to protect public health and safety and safety of property. For example, notification measures necessary to protect the public, including any minimum times for notification, should be determined as part of the agreement development process with the FAA ATO, foreign ANSP, site operator, or service provider.
7.4.2 Altitude Reservation.
Some airspace hazard volumes that affect oceanic airspace may be implemented by the FAA as an Altitude Reservation (ALTRV). Operators should coordinate with the Central Altitude Reservation Function (CARF) at the FAA Air Traffic Control System Command Center (ATCSCC), or the local FAA Air Traffic Control facility, as appropriate, for ALTRV requests.
7.4.3 Department of Defense.
An operator should coordinate airspace hazard volumes affecting Department of Defense (DoD) airspace (e.g. Restricted Areas, Warning Areas, etc.) with the responsible DoD entity. An entity, such as a Federal launch range or site operator, may coordinate warnings for airspace hazard volumes on the operator’s behalf in accordance with an agreement that meets the requirements of § 450.147.
7.4.4 Notification to Foreign Entities.
To publicize warnings for aircraft hazard areas outside the U.S. National Airspace System and oceanic airspace not under the control of FAA ATO, an operator should enter into a Letter of Intent (LOI) with the FAA ATO for the coordination of issuance of NOTAMs with foreign ANSPs. Regardless of how the operator chooses to coordinate issuance of NOTAMs, the operator is ultimately responsible for meeting the requirements of §§ 450.147 and 450.161.
7.5 Determining Warnings Have Been Issued in the U.S.
To comply with § 450.161(c)(1), an operator should either (1) coordinate directly with the issuing government authority, such as the FAA for NOTAMs or the USCG for Notice to Mariners (NTMs or NOTMARs), to confirm that the warning has been issued, or (2) confirm that the warning has been issued using publically available information.
If an operator relies on another entity to publish warnings, their agreement with the entity should specify the procedures for coordinating and confirming government acceptance of the warnings.
7.6 Determining Whether Warnings Have Been Issued to Foreign Entities.
To comply with § 450.161(c), when it is necessary to publish warnings for regions of land, sea, or air that are controlled by a foreign entity, operators should obtain confirmation that the warning has been issued from either (1) the responsible foreign government entity, or (2) publically available information. If an operator relies on another entity to publish warnings for foreign jurisdictions, their agreement with the entity should specify the procedures for coordinating and determining whether warnings have been issued. The FAA recognizes an operator may be unable to ensure publication of warnings by foreign Air Navigation Service Providers (ANSPs). In accordance with § 450.161(c)(2), if the warnings have not been issued, the operator must notify the FAA so that the FAA can determine if the launch or reentry can be conducted in a manner that sufficiently protects the public. This notification must provide sufficient information to enable the FAA to issue warnings to U.S. aircraft.