Advisory U.S. Department of Transportation Circular Federal Aviation Administration Subject: Compliance when Contracting with a Date: 03/1/2025 AC No: 450.45-2 Federal Entity Initiated By: AST-1 This Advisory Circular (AC) provides guidance for demonstrating compliance with Title 14 Code of Federal Regulation (CFR) Part 450 requirements by using services or property of a Federal launch or reentry site or other Federal Entity by contract. These services and property may be used to comply with regulations provided that the FAA has determined that they satisfy part 450 requirements.
The Federal Aviation Administration (FAA) considers this AC an accepted means of compliance (MOC) for complying with the regulatory requirements of 14 CFR § 450.45(b). This guidance is not legally binding in its own right and will not be relied upon by the FAA as a separate basis for affirmative enforcement action or other administrative penalty. Conformity with the guidance is voluntary only and nonconformity will not affect rights and obligations under existing statutes and regulations.
If you have suggestions for improving this AC, you may use the Advisory Circular Feedback Form at the end of this AC.
P MURRAY -04'00' Digitally signed by DANIEL
DANIEL P Date: 2025.03.11 12:30:28 MURRAY Dan Murray Executive Director, Office of Operational Safety Commercial Space Transportation
03/1/2025 AC 450.45-2 Contents Paragraph Page
1 Purpose4
2 Applicability5
3 Applicable Regulations and Related Documents6
4 Definition of Terms8
5 Acronyms9
6 Determination fo r Federal Entities10
6.1 Explanation of § 450.45(b)10
6.2 Means of Compliance11
6.3 Overview of Information Flow11
6.4 Identifying Requirements12
6.5 Limitations12
7 Determinati on Criteria13
7.1 Factor 1: Demonstrated Experience of Federal Entity Based on Nature and Frequency
of Service and Property Being Provided13
7.1.1 Safety Ma nagement13
7.1.2 Past Similar Experience13
7.1.3 Expansion of Provided Services and Property14
7.2 Factor 2. FAA’s Familiarity With Federal Entity’s Tools and Processes14
7.2.1 History of Relationship14
7.2.2 Description of Methods and Processes14
7.2.3 Process Improvement Plan15
7.3 Factor 3: Continual Coordination Between the Federal Entity and the FAA15
7.3.1 Common Standards Working Group (CSWG)15
7.3.2 Coordination Plan16
7.3.3 FAA and FESP Transparency16
8 Request for Determination17
9 Application Submission18
9.1 Section 450.45(e)(7), Additional Material18
9.2 Section 450.147(d)(1), App lication Requirements19
9.3 Specific Regulations19
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03/1/2025 AC 450.45-2 Contents (continued) Paragraph Page
9.3.1 Example: FESP Services Fully Satisfy a Requirement19
9.3.2 Example: FESP Services Partially Satisfy a Requirement19
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03/1/2025 AC 450.45-2 1 PURPOSE.
This Advisory Circular (AC) offers guidance for demonstrating compliance with title 14 Code of Federal Regulations (CFR) part 450 requirements by using services or property of a Federal launch or reentry site or other Federal Entity by contract. As stated in 14 CFR § 450.45(b), the Federal Aviation Administration (FAA) “will accept any safety-related launch or reentry service or property provided by a Federal launch or reentry site or other Federal Entity if the FAA determines that the launch or reentry services or property that are provided satisfy [part 450].”
1.1 Use by Non-Federal Entities of Federal Property and Services.
Section 50913 of Title 51 of the United States Code (51 U.S.C.), entitled “Acquiring United States Government property and services,” paragraph (a)(1) states:
(1) The Secretary of Transportation shall facilitate and encourage the acquisition by the private sector and State governments of— (A) Launch or reentry property of the United States Government that is excess or otherwise is not needed for public use; and (B) Launch services and reentry services, including utilities, of the Government otherwise not needed for public use.
This AC aids in fulfilling this objective.
In accordance with § 10 USC 2276a, agreements (memorandums of understanding /memorandums of agreement (MOU/As), lease/licenses, Commercial Space Operations Support Agreements (CSOSA)/Space Operations Support Agreements (SOSA), etc.)
and contracts between Federal Entities and FAA-regulated operators allow for trusted partnerships. Federal Entity services provided in support of FAA-regulated activity will be performed in accordance with the Federal Entities’ processes and standards to include associated tailoring activities.
1.2 Summary.
This AC describes the process by which an operator can use services or property of a Federal Entity in accordance with § 450.45(b) to meet FAA launch or reentry licensing requirements. It describes an approach that the FAA will use to determine which safety-related services or property provided by a Federal Entity satisfy requirements of part 450.
A Federal Entity should initiate this process by requesting that the FAA’s Office of Commercial Space Transportation (AST) make such a determination. An applicant intending to use such services, or property should reference the FAA’s determination in their application.
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1.3 Level of Imperatives.
This AC presents one, but not the only, acceptable means of compliance with the associated regulatory requirements. The 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. Throughout this document, the word “must” characterizes statements that directly follow from regulatory text and therefore reflect regulatory mandates. The word “should” describes a requirement if electing to use this means of compliance; variation from the provisions of this AC is possible, but must satisfy the regulation to constitute an alternative 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 Advisory Circular is for those seeking a launch or reentry vehicle operator license under 14 CFR part 450, a licensed operator seeking to renew or modify an existing vehicle operator license, and Federal Entities supporting such operators.
2.2 The approach in this AC applies to safety-related services and properties provided by Federal Entities who have experience with FAA-regulated launches or reentries. A Federal Entity that is not experienced in FAA-regulated launch or reentry would need to provide significant additional evidence that their services or property satisfy the regulation. This AC also does not apply to scenarios where a Federal site provides ground safety services and oversight for operations from its site because a different regulation, ௗ E , Ground safety, applies.
2.3 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.
2.4 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.
03//2025 AC 450.45-2 3 APPLICABLE REGULATIONS AND RELATED DOCUMENTS.
3.1 Applicable United States Code Statutes.
x Title 51 United States Code (U.S.C.) Subtitle V, Chapter 509, Commercial Space Competitiveness. https://uscode.house.gov/.
3.2 Related Code of Federal Regulations.
The following 14 CFR regulations must be accounted for when showing compliance with 14 CFR 450.45-1(b), Services or property provided by a Federal launch or reentry site. 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.
x Part 450, Launch and Reentry License Requirements.
x Section 450.45, Safety review and approval.
x Subpart C: Safety requirements x Section 450.213: Pre-flight reporting x Section 450.215: Post-flight reporting
3.3 Related FAA Advisory Circulars.
FAA Advisory Circulars are available through the FAA website (http://www.faa.gov).
x AC 413.13-1, Guidance on Submitting a Complete Enough and Complete Application for a Vehicle Operator License.
3.4 Related U.S. Government Documents.
1. Department of the Air Force, Federal Aviation Administration, and National Aeronautics and Space Administration, Charter for the Common Standards Working Group between the Department of the Air Force, Federal Aviation Administration, and the National Aeronautics and Space Administration, dated May 21, 2021.
2. Department of the Air Force and Federal Aviation Administration, Memorandum of Agreement between the Department of the Air Force and Federal Aviation Administration for Launch and Reentry Activity on Department of the Air Force Ranges and Installations, Agreement number: FAA-DAF-SLR-2021.01, dated June 15, 2021.
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3. National Aeronautics and Space Administration and Federal Aviation Administration, Non-reimbursable Umbrella Interagency Agreement between the National Aeronautics and Space Administration and Federal Aviation Administration for Commercial Launch and Reentry Activity on NASA Ranges and Installations, dated January 10, 2025.
Note: Operators and license applicants should reference the most current regulatory authorities’ accepted revisions of the government documents mentioned in this chapter when seeking services by a Federal Entity.
03/1/2025 AC 450.45-2 4 DEFINITION OF TERMS.
For this AC, the terms from § 401.7 and the following apply:
4.1 Federal Entity A component of a department or agency of the U.S. Government.
4.2 Federal Entity Safety Partner A Federal Entity whose services or property have been determined by the FAA to satisfy elements of part 450.
4.3 Federal site A facility owned and operated by the U.S. Government where a launch vehicle lifts off or a launch or reentry vehicle lands on the surface of the Earth.
4.4 Safety-related Related to requirements of subpart C of part 450, pre-flight requirements of § 450.213, or post-flight requirements of § 450.215. See also paragraph 6.1 of this AC.
4.5 Safety-related property Equipment and items that are operated to accomplish safety-related functions. See also paragraph 6.1.
4.6 Safety-related service The action of doing work to accomplish a safety-related function. See also paragraph 6.1.
5 03/1/2025 AC 450.45-2 ACRONYMS.
AC – Advisory Circular AST – Office of Commercial Space Transportation CFR – Code of Federal Regulations CSWG – Common Standards Working Group DAF – Department of the Air Force DOD – Department of Defense.
FAA – Federal Aviation Administration FESP – Federal Entity Safety Partner FSS – Flight Safety System MOA – Memorandums of Agreement MOU – Memorandums of Understanding MOC – Means of Compliance NASA – National Aeronautics and Space Administration U.S.C. – United States Code 9
03/1/2025 AC 450.45-2 6 DETERMINATION FOR FEDERAL ENTITIES.
This chapter of this AC provides an explanation of § 450.45(b), how this AC should be used as a means of compliance, and an overview of the documents and the information flow, operator responsibilities, and limitations.
6.1 Explanation of § 450.45(b).
6.1.1 The phrase “safety-related launch or reentry service or property,” located in § 450.45(b), has multiple elements. First, safety-related means related to requirements of subpart C of part 450, pre-flight requirements of § 450.213, or post-flight requirements of § 450.215. A safety-related service is the action of doing work to accomplish a safety function. An example is an engineer performing an analysis.
Safety-related property includes equipment and items that are operated to accomplish safety functions. An example is a radar used to perform surveillance for a vessel hazard area.
6.1.2 The phrase “provided by a Federal launch or reentry site or other Federal Entity,” located in § 450.45(b), means services that are performed by the employees or contractors of the U.S. Government and property that is owned, leased, or licensed by the U.S. Government. Commercial entities may utilize services or property of a Federal Entity for operations from a site associated with the Federal Entity, a site of another Federal Entity, a single-user site, or a site operated under 14 CFR part 420 or part 433.
6.1.3 In accordance with § 450.45(b), the phrase “by contract” means that a description of the specified services or property is included in a written agreement between the operator of launch or reentry vehicle and an entity of the U.S. Government. The agreement1 should specify the requirements that the Federal Entity satisfies on behalf of the operator. This may also be a chain of agreements, such as through a third party, although this arrangement is more prone to misunderstanding. All agreements relevant to satisfying regulatory requirements must be described in the application in accordance with § 450.147(d), Application requirements.
6.1.4 In § 450.45(b), the sentence “FAA determines that the launch or reentry services or property provided satisfy this part” implements the FAA’s responsibility for public safety for licensed launch and reentry. The FAA must evaluate whether the services or property provided by a Federal Entity satisfy the regulation. This responsibility cannot be delegated. Once the FAA makes this determination, the Federal Entity is considered a Federal Entity Safety Partner (FESP).
1An agreement may be a contract or a less formal document.
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6.2 Means of Compliance.
6.2.1 The means of compliance described in this AC are intended to streamline the process for Federal Entities who have demonstrated experience. This experience provides evidence that the entity has at least an equivalent level of safety to the specific requirements. Separately from the means of compliance provided in this AC, an alternative path for the FAA to determine that the services or property of a Federal Entity satisfy a regulation is for a Federal Entity to submit comprehensive documentation that demonstrates the regulations are satisfied.
6.2.2 The FAA worked closely with the Department of Defense (DOD) and the National Aeronautics and Space Administration (NASA) in developing part 450 to minimize any need for a DOD or a NASA facility to impose additional requirements. The FAA will continue to work with DOD and NASA in reviewing means of compliance that involve these Federal Entities’ practices to ensure those practices continue to satisfy the FAA’s part 450 requirements.
6.3 Overview of Information Flow.
The information flow when using Federal Entity services and property for compliance is described below. This section is intended to provide an overview of how the elements relate to each other, with additional details of the elements described in subsequent chapters.
6.3.1 To initiate the process of acceptance, a Federal Entity submits a letter requesting that the FAA determine that their services and property satisfy specified sections of part 450. This letter specifies the services and/or property for which a determination is requested and describes the processes the Federal Entity will use to follow this AC.
A letter may also be used to request additional services to be covered.
6.3.2 The FAA’s determination will be posted to the AST website for applicants to reference in their application (https://www.faa.gov/space/legislation_regulation_guidance). The Federal Entity is then considered a Federal Entity Safety Partner (FESP) by the FAA.
6.3.3 The agreement between the Federal Entity and the operator defines the part 450 services that the Federal Entity will provide to the operator. An agreement may be accomplished via intermediate agreements through a third party, such as a spaceport operator, but the FAA recommends against chains of agreements, as discrepancies and gaps are more likely.
03/1/2025 AC 450.45-2
6.3.4 Relevant operator vehicle data is included in a license application and provided to the Federal Entity. The FAA/AST and the FESP may have a process whereby the FAA reviews some applicant data prior to use by the Federal Entity. This is not intended to duplicate review of the data by the FAA/AST and the Federal Entity but to provide assurance to the Federal Entity that the necessary data meets FAA regulations prior to use.
6.3.5 The operator’s license application should reference the agreement between the Federal Entity and the operator for each element of the regulation for which the Federal Entity’s services and property are being used.
6.3.6 The Federal Entity uses the data to produce products, such as analysis results. The details of these products will be determined by the Federal Entity and FAA through coordination described below.
6.3.7 The FAA/AST license evaluation documentation references the operator’s license application, and the products produced by the Federal Entity.
6.4 Identifying Requirements.
The operator is responsible for identifying the services and property of a Federal Entity that it expects to use to satisfy a limited set of part 450 requirements. The requirements (or aspects of requirements) that the services and property satisfy should be listed in the letter of request from the Federal Entity to the FAA by CFR part and section number(s).
An agreement between the Federal Entity and operator should also list the specific services and property of the Federal Entity that the operator intends to use for compliance with these regulations. The operator must, of course, demonstrate compliance with any requirements not satisfied by the Federal Entity.
6.5 Limitations.
A Federal Entity’s services and property may not be appropriate for every licensed operation. Additionally, a Federal Entity may not have the capability or experience to provide a service that satisfies part 450 requirements. The FAA retains the right to further review, independently assess, and evaluate assumptions, input parameters, and analysis conducted by a Federal Entity on behalf of an operator. Such reviews may be prompted by unique aspects of the contractual relationship between the operator and the Federal Entity, including situations where a Federal Entity performs analysis for licensed operations on non-Federal property.