(a) At a U.S. launch or reentry site, an operator must protect the public and property from adverse effects of hazardous operations and systems associated with—

(1) Preparing a launch vehicle for flight;

(2) Returning a launch or reentry vehicle to a safe condition after landing, or after an aborted launch attempt; and

(3) Returning a site to a safe condition.

(b) An operator is not required to comply with §§ 450.181 through 450.189 of this part 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 Administrator has determined that the Federal launch or reentry site's ground safety processes, requirements, and oversight are not inconsistent with the Secretary's statutory authority over commercial space activities.

(c) In making the determination required by paragraph (b)(3) of this section, the Administrator 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.