MEMORANDUM OF AGREEMENT 

BETWEEN 

THE DEPARTMENT OF THE AIR FORCE 

AND 

THE FEDERAL AVIATION ADMINISTRATION 

FOR 

LAUNCH AND REENTRY ACTIVITY 

ON 

DEPARTMENT OF THE AIR FORCE RANGES AND INSTALLATIONS 

AGREEMENT NUMBER: FAA-DAF-SLR-2021.01 

1. PURPOSE: 

This Memorandum ofAgreement {MOA) explains the roles and responsibilities ofthe 

Department of the Air Force {DAF) and the Federal Aviation Administration (FAA) for licensed 

launch1 and reentry2 activity on {OAF) ranges and installations, specifically the Eastern and 

Western Ranges - Cape Canaveral Space Force Station {CCSFS) and Vandenberg Space Force 

Base (VSFB), respectively. When referred to collectively, the DAF and the FAA are referred to 

as the "Parties." 

2. AUTHORITY: 

2.1. The Department ofTransportation (DOT) is authorized to enter this MOA in the exercise of 

its responsibility to license and regulate commercial space transportation activities established by 

Title 51 of United States Code (51 U.S.C.), Chapter 509. The Office ofCommercial Space 

Transportation (AST) within the FAA acts on behalfofthe Secretary ofTransportation in 

carrying out DOT's statutory responsibilities regarding commercial launch and reentry. 

2.2. The OAF enters this Agreement in the exercise ofits responsibility to conduct the affairs of 

the DAF in support of commercial launch and reentry activity as authorized by 51 U.S.C. 

§ 50913(b)(2) Acquiring United States Government property and services, 10 U.S.C. § 2276 

Commercial Space Launch Cooperation, and Department of Defense Instruction (DoDI) 

3100.12-Space Support. In addition, as the manager and operator ofthe space launch ranges at 

CCSFS, Florida, and VSFB, California (both United States Space Force (USSF)-managed 

installations), the DAF has authority over operations that occur on those launch ranges and 

military installations. 

2.3. The FAA is entering into this Agreement under the authority of49 U.S.C. § I 06(1)(6) and 

l06(m). Title 49 U.S.C. § 106(m) authorizes the FAA Administrator to use and accept services, 

equipment, personnel, and facilities ofanother Federal agency, with or without reimbursement. 

Pursuant to the same authority, the DAF, when authorized by the Secretary ofthe Air Force, may 

transfer to or receive the same from FAA with or without reimbursement. Currently, the Parties 

do not expect any reimbursement of funds. If funds are to be exchanged, the Parties will execute 

1 Title 14 of the Code ofFederal Regulations (14 CFR) § 401.7 provides: Launch means to place or try to place a 

launch vehicle or reentry vehicle and any payload or human being from Earth in a suborbital trajectory, in Earth 

orbit in outer space, or otheiwise in outer space, including activities involved in the preparation ofa launch vehicle 

or payloadfor launch, when those activities take place at a launch site in the United States. 2 14 CFR § 40 I. 7 provides: Reenter; reentry means to return or attempt to return, purposefully, a reentry vehicle 

and its payload or human being, ifany, from Earth orbit orfrom outer space to Earth. 
a separate agreement pursuant to 31 U .S.C. § 1535, the Economy Act. Neither party may 

augment Congressional appropriations ofthe other without statutory authority. 

2.4. Consistent with the consultation requirements of51 U.S.C. § 50918, Section 1606 ofthe 

FY 19 National Defense Authorization Act, Improvements to Commercial Space Launch 

Operations, prohibits the Secretary ofDefense from imposing "any requirement on a licensee or 

transferee that is duplicative of, or overlaps in intent with, any requirement imposed by the 

Secretary ofTransportation under [51 U.S.C. Chapter 509]." The Secretary ofthe Air Force may 

waive this limitation if"necessary to avoid negative consequences for the national security space 

program" and "the Secretary notifies the Secretary ofTransportation of such determination 

before making such a waiver." 

3. SCOPE: 

3.1. This agreement applies to launch and reentry activity licensed and regulated by the FAA 

Office ofCommercial Space Transportation in accordance with authorities provided by 5 I 

U.S.C. Subtitle V - Programs Targeting Commercial Opportunities. 

3.2. This MOA applies to activity that occurs on, originates from, or returns to the DAF CCSFS 

and VSFB. Upon modification ofthis MOA, either party may add other DAF ranges and 

installations on which space launch and reentry operations occur, pursuant to Section 13 ofthis 

MOA. 

3.3. This MOA replaces the MOA between the DAF and the FAA on Safety for Space 

Transportation and Range Activities, 5 September 2014, and any predecessor agreements on the 

same subject. This MOA embodies the entire agreement between the Parties regarding the 

MOA's subject matter. 

4. ROLES AND RESPONSIBILITIES: 

4.1. The DAF will support commercial launch and reentry activity on USSF ranges and 

installations. This will include executing ground safety supervisory activity to ensure risks from 

one operation do not unnecessarily impact the operations of others. Additionally, the DAF will 

actively participate in license consultation to ensure the preservation ofDAF national security 

interests. 

4.2. The Parties will implement a non-duplicative, single approval process for each licensed 

activity on a range and/or from/to an installation as identified in paragraph 3.2 ofthis MOA. 

4.2.1 The FAA will accept DAF safety processes, analysis, and products performed at the 

request ofthe launch and reentry provider, as long as the FAA determines that the launch 

or reentry services or property provided satisfy FAA regulations. 

4.2.2. Consistent with the FAA Ground Safety Policy, 3 November 2020, the FAA 

generally will, upon receiving an application from a prospective licensee, waive its 

ground safety regulations at DAF facilities that meet FAA criteria unless issuing such a 

waiver would jeopardize public health and safety, the safety of property, or the national 

security or foreign policy interests ofthe U.S., or when issuing the waiver would not be 

in the public interest. 

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4.2.3. The OAF will accept FAA decisions/approvals for licensed missions. 

4.2.4. The OAF 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. l 79(b). The OAF will ensure its ground safety requirements and process 

protect the public health and safety, safety ofproperty, and national security and foreign 

policy interests of the U.S. The OAF will not impose requirements on operators for the 

flight portion of launches/reentries that are duplicative with those required for FAA 

licensing unless they are deemed necessary to avoid negative consequences for the 

national security space program and unless the Secretary ofthe Air Force through the 

relevant installation commander notifies the Secretary ofTransportation through the FAA 

Office ofCommercial Space Transportation in accordance with Section 1606 

Improvements to Commercial Space Launch Operations, FY19 National Defense 

Authorization Act, Pub. L. No. 115-232. 

4.3. Installation Responsibilities: The OAF will synchronize activity on USSF ranges and 

installations to de-conflict overlapping activities, make decisions for the allocation ofOAF 

resources, and ensure protection ofpeople and resources on the installation. The OAF, through 

the relevant USSF installation, will ensure the safe siting ofexplosives, coordinate frequency 

management, control public access to the installation to include area protection for the 

installation's land area, coordinate launch and reentry operations to prevent unsafe interference, 

and coordinate installation activities as necessary with other Federal, State, and local government 

agencies. The OAF and the FAA will collaborate on environmental reviews for USSF 

installation activity to ensure the government's response to requests is prompt and consistent. 

The OAF will limit actions to establish hazard areas on USSF ranges and installations in support 

ofany FAA regulated activity to the minimum area essential to protect the installation. The 

OAF will develop hazard areas on USSF ranges and installations in coordination with the FAA. 

5. OBJECTIVES: 

5.1. Minimize the burden on the U.S. commercial space sector by eliminating duplicative 

processes and approvals for commercial space activity. 

5.2. Maintain common safety standards, to the extent practicable, and recommended practices to 

ensure a coherent and consistent government approach exists for launch and reentry activity. 

5.3. Consult with each other before responding to requests from a launch or reentry operator for 

relief from any launch or reentry safety requirements. 

6. COMMON REQUIREMENTS FOR LAUNCH AND REENTRY 

6.1. The Parties will ensure commonality oflaunch and reentry requirements and processes for 

licensed and non-licensed operations, to the extent practicable through a Common Standards 

Working Group, Range Commander's Council, or other appropriate engagement for launch and 

reentry activity. 

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6.2. The Parties will create a process to facilitate mutual access to relevant safety-related data for 

licensed and non-licensed operations, including information required to protect people and assets 

on the USSF installation potentially impacted by FAA licensed activities. 

6.3. The Parties will coordinate prior to publication of FAA advisory circulars on ground safety, 

launch, or reentry or DAF launch safety publications. The Parties will coordinate on 

implementation of new or modified acceptable means ofcompliance for a proposed licensed 

activity ofa common launch vehicle on a USSF installation. 

6.4. Services performed by OAF at the request of a commercial launch and reentry provider will 

be performed to OAF standards. OAF, through the mutual collaboration efforts discussed above, 

will ensure FAA has the necessary amount ofaccess to the processes and methods used to 

perform the requested services. 

6.5. For licensed launches, DAF accepts the FAA definition of"public" in 14 CFR § 401.7 and 

will perform analysis and prepare products in accordance with the FAA 's definition for FAAapproved activity. 3 

7. LICENSED LAUNCH AND REENTRY DECISION 

7.1. The FAA process is the single process used by the government to regulate licensed launch 

and reentry operations. Except as identified in use agreements, there is no requirement for 

commercial launch and reentry providers to use DAF flight safety requirements or services for 

FAA-licensed launch and reentries on USSF ranges and/or from/to USSF installations. The 

commercial launch and reentry provider may request services in appropriate support agreements 

or in accordance with procedures prescribed by the relevant installation Commander. 

7.2. Department ofDefense consultation during the FAA's licensing process in accordance with 

51 U .S.C. § 50918 will be used to assert national security interests, to include interests resulting 

from unique situations resulting from operations on military installations. Consultation is a 

continuous process. Should the DAF become aware ofan issue concerning the licensed 

operations at any time, the OAF will bring it to the attention ofthe commercial launch and 

reentry provider and the FAA Office ofCommercial Space Transportation. 

7.2.1. The OAF will consult with the commercial launch entry provider and the FAA 

Office ofSpace Transportation in a timely manner and will provide sufficient information 

for the Department of Defense to provide a vetted input. Recognizing the licensing 

process occurs well in advance ofa launch or reentry activity, the Department ofDefense 

will provide input at the time of request. Ifconditions change during the duration ofthe 

licensed activity that could affect the respective roles ofeither Party, the relevant party 

will notify the impacted Party. 

7.3. FAA safety inspectors will assess launch provider compliance during critical public safety 

related procedures and activities as appropriate to ensure proper protection ofthe public health 

3 14 CFR § 401 .7 provides: "Public means.for a particufor lk-ensed or pel'milled launch or reenllJ'. people that are 

not involved in supporting the launch 01· reen11y and includes those people who may be loatted within the launch or 

reenlly site. such as visitors. individuals providing goods or services not related lo launch or reent,y pro,·essing or 

flight. and an)' other operator and its personnel. ·· 

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and safety, safety ofproperty, national security and foreign policy interests of the U.S. and 

satisfaction of licensing conditions. 

7.4. For special activities the FAA regulates that occur from, or impacting, USSF launch 

ranges, such as Experimental Permits and Human Space Flight, the Parties will cooperate 

closely with each other. 

8. CRITICAL ASSET PROTECTION 

To protect critical assets on USSF ranges and installations, the OAF will perform probability of 

impact calculations for property at risk from commercial space activity. The OAF will conduct 

this activity in coordination with commercial launch and reentry providers. 

9. PERSONNEL 

Each Party is responsible for all costs of its own personnel, including pay and benefits, 

support, and travel. Each Party is responsible for supervision and management of its 

personnel. 

10. REIMBURSEMENT 

Nothing in this Agreement obligates funds ofeither party. 

11. MISHAP INVESTIGATION 

The Parties agree to cooperate and exchange information on mishaps of mutual interest in 

accordance with the "Memorandum ofUnderstanding between the National 

Transportation Safety Board, and Department ofthe Air Force and Federal Aviation 

Administration Regarding Space Launch Accidents," 7 September 2004, or its successor. 

12. IMPLEMENTATION 

12.1. The Parties may use this MOA as a basis for establishing implementing procedures 

to carry out their respective responsibilities for commercial space transportation and range 

activities. The primary point of contact (POC) for the OAF shall be the Space Operations 

Command Director of Space and Cyber Operations (phone number: 719-554-32 l 6) and 

the alternate POC for the OAF shall be the Chief, Space Enterprise Operations Division 

(phone number: 719-554-3500). The Parties anticipate that this responsibility will 

transition following the stand-up of Space Systems Command. Ifthe transition in 

responsibility occurs, the OAF will identify the appropriate OAF POC and inform the 

FAA. The primary POC for the FAA shall be the Associate Administrator for 

Commercial Space Transportation (phone number: 202-267-7793) and the alternate POC 

for the FAA shall be the Director ofthe Safety Authorization Division (phone number: 

202-267-7793). Together, the POCs shall be mutually responsible for administering this 

MOA so as to ensure its successful execution. All correspondence to be sent and notices 

to be given pursuant to this MOA will be addressed, if to the OAF, to Brigadier General 

Douglas Schiess, Director of Space and Cyber Operations, and, if to the FAA to Mr. 

Wayne Monteith, Associate Administrator for Commercial Space Transportation, or as 

may from time to time otherwise be directed by the Parties. 

12.2. Nothing herein is intended to conflict with current directives, instructions or policies 

of either Party. Ifany terms of this Agreement are found to be inconsistent with existing 

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regulations of either of the Parties, and the regulation has not been waived by the proper 

authority, then the inconsistent term will be invalid, bul all remaining terms and conditions 

will be unaffected by such inconsistency. 

12.3 Any disputes relating to this MOA will, subject to any applicable law, Executive Order, 

Directive, or Instruction, be resolved by consultation between the Parties. 

13. MODIFICATION AND TERMINATION

I 3. I. This MOA lakes effect beginning on the day after the last Party signs and expires ten years 

from the date of the last signature. The assigned points of contact wi II review this MOA every 

three years in its entirety. 

13.2. This MOA may only be modified by the written agreement of the Parties, duly signed by 

their authorized representatives. Either Party may request modifications at any time. 

13.3. This MCA may be terminated by either Party by giving at least 60 days written notice to 

the other Party. The MOA may also be tcnninated at any time upon the mutual written consent 

of the Parties. 

13.4. This Agreement is not transferable except with the written consent of the Parties. 

For the DAF For the FAA 

John P. Steve Dickson 

Secretary of the Air Force (Acting) Administrator of the 

DATE: 6/15/2021e Federal Aviation Administration 

DA TE: 5114/2021 

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