MEMORANDUM OF UNDERSTANDING 

Between the 

Federal Aviation Administration (FAA) 

and the 

National Aeronautics and Space Administration (NASA) 

For 

Resolving Requests For Relief From Common Launch Safety Requirements 

I. PURPOSE 

This Memorandum of Understanding (MOU) explains the roles, responsibilities and outlines the 

coordination process between, the National Aeronautics and Space Administration (NASA), 

Goddard Space Flight Center (GSFC), Wallops Flight Facility (WFF) and the Federal Aviation 

Administration (FAA) Office of the Associate Administrator for Commercial Space 

Transportation in resolving a request from a launch operator for relief from a launch safety 

requirement common to both NASA WFF and FAA This relief process will minimize the 

burden on a launch operator and reduce duplication of effort from a launch operator. 

II. SCOPE 

This MOU applies to the implementation of NASA WFF and FAA common launch safety 

requirements governing U.S. Government and FAA-licensed launches. This MOU contains 

provisions for timely and efficient coordination between the two agencies as they execute their 

responsibilities for overseeing the safety of space launch. 

III. AUTHORITY 

This MOU is entered into pursuant to section 3 of the Authority section of the Memorandum of 

Agreement (MOA) titled Safety for Space Transportation and Range Activities dated June 24, 

2010 between the FAA and NASA on safety for space transportation and range activities. 

NASA_enters into this MOA in accordance with the National Aeronautics and Space Act (51 

U.S.C. § 20113). This MOU is consistent with statutes and national policies that apply to the 

FAA or NASA WFF. 

IV. OBJECTIVES 

This MOU: 

A. Outlines the framework for NASA WFF and the FAA implementation of the 

Agreements made in the June 2010 MOA to ensure each agency meet its 

responsibilities associated with overseeing the safety of U. S. commercial space 

sector activities in a coordinated fashion. This MOU defines coordination on issues 

involving relief from NASA WFF and FAA common launch safety requirements for 

commercial launches. 

B. Minimizes the regulatory burden on the US commercial space sector by: 

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1. Clearly describing federal agency requirements and responsibilities with 

regard to interagency coordination on issues involving relief from the 

common launch safety requirements; and 

2. Precluding unnecessary overlap and duplication. 

C. Defines an interagency process for coordination on tailoring of common launch safety 

requirements during the development of a launch vehicle. 

D. Defines an interagency process for resolving requests for relief from common launch 

safety requirements. Specifically this MOU: 

1. Enhances current NASA WFF and FAA processes for resolving relief issues; 

2. Outlines procedures, which share data to avoid duplication of effort and allows 

for joint resolution of issues for common vehicles while enforcing NASA and 

FAA requirements; 

3. Outlines a process for sharing of information and joint coordination on relief 

issues related to common vehicles from federal and non-federal launch sites. 

4. Outlines the party's participation in the Common Standards Working Group 

(CSWG) Relief Review Panel. This panel conducts an annual review of the 

prior year relief requests to common launch safety requirements for commercial 

launches. It is the goal of this panel to institutionalize an efficient method to 

review common launch safety requirements and determine their relevance for 

future implementation. 

V. DEFINITIONS 

A. Equivalent Level of Safety (ELS) means an approximately equal level of safety as 

determined by qualitative or quantitative means (see Section VI for implementation). 

An ELS constitutes a form of relief. 

B. Common Launch Safety Requirements means requirements that are shared by the 

FAA and NASA that protect the public from hazards associated with space 

launch. These requirements are codified in FAA regulations, Code of Federal 

Regulations 14 C.F.R. Ch. III. At NASA WFF, the intent of the Common Launch 

Safety Requirements is incorporated in NPR 8715.SA NASA Range Flight Safety 

Program and the RSM 2002 Wallops Range Safety Manual. 

C. Launch operator means a person or entity who conducts or will conduct the launch of 

a launch vehicle and any payload. Note: NASA WFF refers to a launch operator as a 

Range User. These terms may be used interchangeably. 

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D. Tailoring means the process used at the NASA WFF range beginning at program 

introduction where NASA WFF, through its range safety organizations, and a launch 

operator review each range safety requirement and jointly document whether or not 

the requirement applies to the launch operator and if it does apply, whether or not the 

launch operator will meet the requirement as written or achieve an ELS through an 

acceptable alternative. The FAA will participate in the NASA tailoring process as 

part of the licensing process. The FAA's licensing process permits similar 

determinations. 

E. Waiver means a decision that allows a launch operator to continue with a launch, 

including launch processing, even though the launch operator does not satisfy a 

specific safety requirement and is not able to demonstrate an ELS. 

F. Common vehicles are those used for both government and FAA-licensed launch 

purposes. 

VI. GENERAL 

A. The Air Force (AF), NASA and FAA CSWG develop and ensure the consistency of 

the common launch safety requirements. The NASA WFF Range Safety documents 

incorporate the common launch safety requirements where appropriate and additional 

requirements that apply to a broader scope of safety concerns. The NASA WFF 

Range Safety Manual references and incorporates specific Range Commander 

Council (RCC) Standards. 

B. The FAA and NASA WFF may approve relief from a common launch safety 

requirement by finding an ELS or granting a waiver following the coordination 

process outlined in this MOU. NASA Wallops and FAA will review the 

implementation of this MOU and propose any future updates to enhance NASA WFF 

and FAA coordination on relief issues. 

C. When a launch operator (range user) requests not to satisfy an FAA or NASA 

requirement they must request an ELS or a waiver from the respective agencies with 

the submittal of the Launch Safety Requirements Relief Request Form (attached). 

For common requirements, NASA and the FAA will conduct a joint review and 

consideration. Subsequent paragraphs in this section outline the joint implementation 

of responses to requests for relief. 

D. An ELS may apply when the alternate approach satisfies both of the following 

conditions: 

1. There is a high degree of certainty that the alternate approach will not increase 

the probability that safety system critical component will fail, considering all 

required design environments, AND 

2. The alternate approach will not add any single failure point(s) in safety system 

critical component onboard the vehicle. 

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E. Each relief request only applies to the configuration or activity for which it is granted. 

The FAA and NASA must state how long the approval of relief lasts. The F AA's 

approvals are by grant of a waiver or a finding of an ELS in the course of the 

licensing process. For NASA, approval of a waiver is contingent on a program 

statement of the program plan for eventual compliance or ELS plan. NASA addresses 

duration and applicability through updates to the tailored requirements. 

VII. NASA/FAA LAUNCH SAFETY COORDINATION 

A. For the purposes of this MOU this interagency coordination is applicable to all 

launches of common vehicles from federal and non-federal launch sites. This 

includes components or systems relevant to these common vehicles. Common 

vehicles are those used for both government and FAA-licensed launch purposes. 

B. The FAA recognizes that it does not have jurisdiction over non-licensed government 

launches (i.e. launches that are conducted by and for a government agency, that is, 

where the government agency is so substantially involved that it effectively directs 

or controls the launch). Such launches may take place from federal or non-federal 

launch sites. NASA recognizes that an FAA-licensed launch operator may only 

operate within the scope of its license for all launches from NASA WFF. 

C. As noted in the NASA and FAA MOA on Safety for Space Transportation, NASA 

does not have the authority to grant relief from any of the FAA's requirements, and 

the FAA does not have the authority to grant relief from any NASA WFF 

requirements. 

D. Both agencies will notify each other of all requests for relief and the schedule of 

associated review activities. Both agencies will share copies of all formal and 

supporting documentation while protecting a launch operator's proprietary 

information, including from other launch operators. Where needed, the agencies will 

have government-only face-to-face meetings or telephone conferences to review the 

information and jointly develop a position on the relevant technical issues. 

E. The FAA and NASA WFF will jointly recommend to the launch operator that the 

launch operator's first course of action when seeking relief from any safety 

requirement is to develop an alternative that provides an equivalent level of safety. 

NASA WFF and FAA staff will workjointly with the launch operator's staff as early 

as possible to identify an acceptable technical approach. 

F. The FAA and NASA WFF have developed a form to document non-compliances. 

The "Launch Safety Requirements Relief Request Form" (see attached). When 

requesting relief for an FAA licensed launch from WFF, the launch operator will 

submit the completed form to the NASA WFF Safety Office and the FAA along with 

any other supporting material. 

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G. For government launches of common vehicles and launches involving components or 

systems of common vehicles at WFF, WFF will inform the FAA of any requests for 

relief. For licensed launches at WFF the FAA will sign as approve/disapprove in 

accordance with 14 CFR requirements. The FAA signature will occur as part of the 

regular staffing process and shall be complete prior to final NASA WFF approval. 

H. The FAA will identify any licensing activities that may be required with respect to a 

request for relief, such as changes to a license application that may be in process or 

request for a license modification for an existing license. 

I. Requests for reliefreceived during a launch countdown for FAA licensed launches at 

WFF will be jointly dispositioned by the WFF Director, Wallops Range Safety 

Officer (RSO) or designee and the FAA safety inspector or designee with 

coordination from the launch operator. For government launches of common vehicles 

and launches involving components or systems of common vehicles at WFF, NASA 

WFF Safety Office will ensure the FAA is informed of any approved relief requests 

after the associated launch. 

J. The FAA will upload all approved reliefrequests to the FAA/ AF /NASA Relief 

Database, which provides a centralized repository for relief requests to all safety 

requirements. The FAA maintains this database using information provided by the 

launch operator or its designee. 

K. If a request for relief is approved, and for those which derive from an identically 

shared requirement, the FAA and NASA will jointly review the requirement post 

approval and determine its validity. Where the underlying requirement is not 

identically shared, each organization may review its requirements for future 

modification at its sole discretion. 

VIII. TAILORING 

A. NASA WFF and the FAA will jointly participate in all tailoring of the Common 

Launch Safety Requirements for common launch vehicles used for licensed launches 

from WFF. 

B. The rationale for ELS determinations will be captured and approved as part of the 

initial tailoring process and does not require completion of Launch Requirements 

Relief Request Form. The documentation will include technical justification for 

approval and will become part of NASA WFF's record for the associated launch 

vehicle program and part of the FAA licensing record. Once tailoring is complete or 

a license is issued, new requests for relief may be submitted jointly to the FAA and 

NASA WFF using the Launch Safety Requirements Relief Request form. 

C. NASA WFF will ensure the FAA is notified of any changes or updates to the tailored 

documents 

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D. NASA WFF and the FAA will coordinate on the review of any ELS request for a 

common launch safety requirement that is part of tailoring or otherwise according to 

section VII of this MOU. 

IX. POINTS OF CONTACT 

NASA Wallops Flight Facility U.S. Department of Transportation 

Range Safety Office Federal Aviation Administration 

Michael S. Patterson G Jenn H Rizner 

Michael.S.Patterson@nasa.gov G lenn.H.Rizner@faa.gov 

Code 803 FAA-AST-500 

Wallops Island, VA Wallops Island, VA 

Phone: (757) 824-1174 Phone: (757) 854-4654 

X. FINANCIAL OBLIGATIONS 

There will be no transfer of funds or other obligations between NASA WFF and FAA in 

connections with this Agreement. Each Party will fund its own participation under this 

Agreement. All activities under or pursuant to this Agreement are subject to the availability of 

appropriated funds and the Parties' respective funding procedures. 

XI. REVIEW AND ADMINISTRATION 

This Agreement will remain, in effect, for a period not to exceed 5 years, or until either party 

requests revocation in writing, with 30 days' notice. Either party may request modification at 

any time as deemed necessary, subject to the agreement of the signatories. Amendment shall be 

in writing, jointly signed, dated, and attached to the basic MOA. This Agreement is effective 

when the last signature is affixed. 

XII. DISPUTE RESOLUTION 

All disputes concerning questions of fact or law arising under this MOA shall be referred by the 

claimant in writing to the appropriate person identified in this MOA as the "Points of Contact." 

The persons identified as the "Points of Contact" for NASA and the FAA will consult and 

attempt to resolve all issues arising from the implementation of this MOA. If they are unable to 

come to agreement on any issue, the dispute will be referred to the signatories to this MOA, or 

their designees, for joint resolution after the Patties have separately documented in writing clear 

reasons for the dispute. As applicable, disputes will be resolved pursuant to the provision of the 

"Intragovemmental Business Rules" delineated in the Treasury' s Financial Manual, Vol. 1., 

Bulletin 2011-04, Section VII (Resolving Intragovernmental Disputes and Major Differences 

(November 8, 2010). 

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I'{ ,-,lo ✓ 2-0I ,3 

William A. Wrobel Date 

WFF Site Director 

National Aeronautics and Space Administration Commercial Space Transportation 

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LAUNCH SAFETY REQUIREMENTS RELIEF REQUEST 

PROGRAM: ADDRESS: 

RANGE USER: CITY: 

POC NAME: PHONE NO: 

Date: FAX NO: 

TYPE: EFFECTIVITY REQUESTED: 

D EQUIVALENT LEVEL OF SAFETY D LIFE OF PROGRAM 

D WAIVER D LIMITED TO 

CLASS: NONCOMPLIANCE REQUIREMENT 

D PUBLIC SAFETY SOURCE: 

D LAUNCH AREA SAFETY D 14 CFR Part 417 

D LAUNCH COMPLEX SAFETY D AFSPCMAN 91-710 or RSM-20028 

D PROCESS FACILITY SAFETY D Other __ 319-07/324-01 

REQUIREMENT SOURCE PARAGRAPH NUMBER, TEXT, & RATIONALE: 

RATIONALE FOR RELIEF REQUEST: 

HAZARD MITIGATION: 

GET WELL PLAN: 

RANGE USER/ LICENSEE SIGNATURE 

GOVERNMENT USE ONLY BELOW THIS LINE 

AF, WFF, OR FAA COMMENTS: 

AF RANGE SAFETY NASA/WFF RANGE SAFETY FAA/AST SIGNATURE 

SIGNATURE SIGNATURE 

DISPOSITION: DATE: 

D APPROVED TRACKING NO: 

D APPROVED W/COMMENTS 

D DISAPPROVED 

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