BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

Petition of 

ZERO GRAVITY CORPORATION Docket FAAon behalf of 

TATONDUK OUTFITTERS LIMITED 

PETITION FOR EXEMPTION 

Commtu1ications with respect to this docmnent should be sent to: 

Gary B. Garofalo 

Victor H. Smith 

Garofalo Goerlich Hainbach PC 

1200 New Hampshire A venue NW 

Washington, D.C. 20036 

Phone 202-776-3970 

Fax 202-776-3975 

ggarotb.lo@ggh-airlaw.com 

vsn1ith@ggh-airlaw.com 

Counsel for Tatonduk Outfitters Limited 

January 23,2015 

Michael Henke 

Zero Gravity Corporation 

4601 N. Fairfax Drive 

Suite 1200 

Arlington, Virginia 22203 

Phone: (703) 407-0796 

Fax: (703) 524-7176 

mhenke@spaceadventures.com 

Counsel for Zero Gravity Corporation 
Petition of 

BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

ZERO GRAVITY CORPORATION Docket FAAon behalf of 

TATONDUK OUTFITTERS LIMITED 

PETITION FOR EXEMPTION 

Pursuant to 49 USC §§ 40113(a) and 44701(f) and 14 CFR Part 11, Zero Gravity Corporation 

("Zero G"), on behalf of Tatonduk Outfitters Limited ("Tatonduk") petitions the Federal Aviation 

Administration (FAA) for an exemption from the requirements of 14 CFR §§ 91.303(f) and 91.307(c) to 

the extent necessary to allow Tatonduk, a Part 121 air carrier, to replace Amerijet International, Inc. 

("Amerijet") and to operate a specially-modified Boeing 727 aircraft (the "Aircraft") under Part 121 on 

behalf of Zero G in parabolic flight operations ( 1) when flight visibility is less than 3 statute miles, and (2) 

without each occupant of the Aircraft wearing an approved parachute when the pilot executes an 

intentional maneuver that exceeds a nose-up or nose-down attitude of 30 degrees relative to the horizon. 

Since the cited sections apply with equal force to the Tatonduk pilots who operate the Aircraft, Zero G 

also requests that the exemption authority, if granted, apply to such pilots. 

The authority sought by Zero G on behalf of Tatonduk, and its pilots, if granted, would be 

identical to the authority granted to Amerijet under Exemption 8333 granted on May 18, 2004 (the 
"Original Exemption"), and renewed on May 26, 2006, May 27, 2008, March 12, 2010, April 30, 2012, 

and February 28, 2014 (collectively, "Exemption 8333"). Since the relief requested for Tatonduk, as the 

service provider to Zero G, is identical to the relief granted to Amerijet and is not otherwise precedentsetting, good cause exists under§ 11.87 for FAA to forego publication of a summary of this Petition and a 

request for comments in the Federal Register. Further, Zero G is submitting this Petition as soon as 

practicable after negotiating and reaching an agreement with Tatonduk to replace Amerijet in the 

operation of parabolic flights as Zero G's service provider and airline partner. In addition, Tatonduk, on 

December 15, 2014 submitted an application to the Denali Certificate Management Office (AL-07) to 

add the Aircraft to its Part 121 Operations Specifications and anticipates that this process will be approved 

on or about March of2015. As such, the parties, Zero G and Tatonduk, respectfully request a waiver of 

the 120-day advance filing requirement in § 11.63(d) to ensure that the benefits of parabolic flight 

operations remain commercially available to the public, NASA, and private parties receiving grants from 

NASA to perform experiments requiring parabolic flight conditions, with minimal interruption due to the 

replacement of Amerijet with Tatonduk. 

BACKGROUND 

On June 5, 2003, Zero G submitted a petition to the FAA (the "2003 Petition"), on behalf of 

Amerijet, seeking an exemption from the requirements of 14 CFR §§ 91.303(f) and 91.307(c) to the 

extent necessary to allow Amerijet to conduct, on behalf of Zero G, initial proving flights and subsequent 

commercial parabolic flight operations under Part 121. 1 In the 2003 Petition, Zero G set-forth, in detail, 

By Letter dated August 23, 2002 from the FAA's Associate Administrator for Regulation and Certification, Nicholas 

Sabatini, to Zero G's counsel, E. TazeweH Ellet (Exhibit A), the FAA found that, among other requirements, the Part 121 

operator or operators conducting parabolic flight operations on behalf of Zero G had to petform such operations under Part 121 

and had to be covered by an exemption from 14 CFR §§ 91.303(f) and 91.307(c). Further, FAA stated that the Petition for 

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the history of the Zero G parabolic flight program, the extent and justification for the exemption relief 

sought, the equivalent level of safety provided under the Zero G program as compared to standard Part 

121 operations, and the public interest served by granting the requested authority. After reviewing the 

2003 Petition, as well as supplemental infonnation submitted on October 18, 2003, October 20, 2003, 

November 21, 2003 and November 24, 2003, the FAA determined that, subject to the conditions and 

limitations set-forth in the Original Exemption, the proposed operations served the public interest and 

provided an equivalent level of safety to other Part 121 operations. As such, on May 18, 2004, the FAA 

granted the Original Exemption to Amerijet, as well as to all Amerijet pilots who "operate" the Aircraft? 

Upon the grant of the Original Exemption, Zero G, utilizing the services of Amerijet as its service 

provider, commenced commercial parabolic operations. Since the Original Exemption was granted, 

Amerijet, as Zero G's service provider, has successfully completed, without incident, 358 commercial 

parabolic flights on behalf of Zero G customers carrying over 12,000 passengers. Additionally, during 

this time, under a contract with NASA entered into on January 2, 2008, Amerijet has flown 181 missions, 

carrying upwards of 5,000 NASA staff and NASA funded researchers to conduct training and 

experiments in the weightless/microgravity environment created during parabolic flight. Zero G plans to 

conduct future operations on behalf of its customers and NASA3 utilizing Tatonduk as a replacement 

Exemption could be submitted by Zero G on behalf of the Part 121 operator selected by Zero G. This letter served as the basis 

for the original petition of Zero G on behalf of Amerijet and also serves as the basis for the present Petition of Zero G on behalf of 

Tatonduk. 

Exemption 8333 has been successfully renewed at two-year intervals with the latest renewal being granted on February 

28, 2014. As justification for each renewal, Zero G confirmed to FAA that Amerijet, and Amerijet pilots, successfully operated 

the Amerijet aircraft under conditions and limitation provided in the exemption. As a result, FAA routinely renewed Zero G's 

exemption authority without modification. 

By way of background, Zero G terminated operations in May 2014 due to Amerijet's unexpected termination of 

services to Zero G. To prevent interruption of its then on-going experiments, NASA reinstituted C9 parabolic operations using its 

C9 aircraft configured for such services (the "C9 Program") which NASA had previously terminated in favor of the Zero G 

Program. While NASA still has the C9 aircraft, it has closed its Microgravity Office at Johnson Space Center and is now seeking 

proposals from commercial operators to conduct future parabolic flights in microgravity on NASA's behalf. Zero G is in the 

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service provider in a manner identical to the operations conducted by Amerijet. The only change in Zero 

G's operations will be the substitution ofTatonduk, as a Zero G service provider, and the substitution of 

qualified Tatonduk pilots to act as crevvmembers for such operations.4 As a result, grant of the requested 

exemption authority will allow Zero G to continue its parabolic flight activities utilizing Tatonduk. 

EXTENT AND JUSTIFICATION OF RELIEF SOUGHT 

In the 2003 Petition, Zero G set forth, in detail, its justification for exemption relief from 14 CFR 

§§ 91.303(t) and 91.307(c) (see Pages 3-5 of the 2003 Petition). In granting that petition on May 18, 

2004, FAA reiterated the justifications and representations presented in support of the agency's decision 

to grant the requested exemption authority. Each justification for relief presented in the 2003 Petition and 

accepted by the FAA continues to apply to the authority requested by Zero G on behalf of Tatonduk and 

is incorporated by reference herein as the basis for granting similar relief to Tatonduk. Zero G certifies 

that each of these justifications applies equally to the relief requested on behalf ofTatonduk. 

With regard to those items specifically applicable to the Part 121 carrier conducting the parabolic 

operations as Zero G' s service provider, Zero G submits that, prior to conducting any operations under 

the requested exemption, Tatonduk will have in place the appropriate Part 121 operations specifications 

process of answering a NASA Request for Infonnation (RFI) and would expect to start flying for NASA in late 2015 or early 

2016. On infonnation and belief, Zero G is the only owner of a civil transport aircraft suitable for operations under 14 CFR Part 

121 with parabolic flight capability, and, as such, is the only company that meets all the criteria set out in the Proposed Statement 

of Work (SOW) in the RFI. As such, Zero G is well positioned to receive the NASA parabolic flight contract. Additionally, 

NASA has awarded grants to third party contractors (FO Grantees) conducting experiments in microgravity under NASA's 

Flight Opportunities Program (FO Program). Zero G anticipates that the FO Grantees, which will be awarded grant money as 

early as March 2015, will utilize the services of Zero G for their parabolic flight operations. 

4 While Tatonduk reserves the right to hire and train additional qualified pilots in its parabolic flight operations, it is the 

present intention ofTatonduk to use flight personnel previously used by Amerijet in parabolic flight operations for Zero G. 

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and training programs for its flight crews required by Exemption 8333 and will operate and maintain the 

Aircraft in accordance with Exemption 8333. 

The conditions and limitations (Conditions 1 - 10 ) pursuant to which Tatonduk will maintain 

and operate the Aircraft are stated on pages 11-13 of the Original Exemption, and include, without 

limitation, the following: (a) (Conditions 1 & 10) Tatonduk will obtain Operations Specifications A362 

(or equivalent) for Parabolic Flight Operations and conduct all operations under such authority; (b) 

(Condition 2) Tatonduk will provide any required pilot training for parabolic flight consistent with the 

training provided by Amerijet; (c) (Conditions 3 & 4)) Tatonduk will submit documentation describing 

the maximum "g" forces, pitch attitudes, airspeed, and vertical velocity which will be encountered during 

each parabolic maneuver in compliance with the STC No. ST01051LA covering the operation of the 

Aircraft in parabolic flight; (e) (Condition 5) Tatonduk and Zero G have entered into a long-term 

agreement covering the parabolic operations; and (f) (Conditions 6-8) Tatonduk will obtain all necessary 

approvals with the FAA Air Traffic Control (A TC) facility exercising control over the airspace in which 

each parabolic flight will be conducted. 

In anticipation of complying with the conditions and limitations of the Original Exemption, 

Tatonduk has submitted to its FSDO on December 15,2014 documentation outlining the steps it will take 

to meet each requirement in Exemption 83335 and has begun preparing for the necessary proving and 

pilot training. Tatonduk will continue to work with its FSDO and ATC to ensure that it has the necessary 

approvals in place prior to conducting parabolic operations as Zero G's service provider. 

This package was submitted as required and dictated by FAA Safety Assurance System (SAS) protocoL 

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As Zero G, for itself and on behalf of Tatonduk, \Vill adhere to the same crew training, 

maintenance and operational requirements imposed on Amerijet, the justification for the relief sought for 

Tatonduk, as Amerijet's replacement, is identical to the relief granted to Amerijet in the Original 

Exemption. 

EQUIVALENT LEVEL OF SAFETY 

The 2003 Petition describes in detail how parabolic operations, exempted from 14 CFR §§ 

91.303(f) and 91.307(c) and conducted in accordance \Vith the terms and conditions presented by Zero G, 

achieve an equivalent level of safety to comparable operations complying \Vith these regulatory sections. 

The Original Exemption confirms that, when operated in conformance \Vith these safety measures, the 

proposed parabolic flight operations "provide an equivalent level of safety with other Part 121 

operations." (Original Exemption at 10) 

As referenced above, since obtaining authority in 2003, Zero G and Amerijet have operated over 

539 parabolic flights under the terms of Exemption 8333 \Vithout any accident, incident or injury. This 

unblemished safety record clearly demonstrates that the operations permitted under Exemption 8333 

have, in fact, provided an equivalent level of safety to other Part 121 operations. As Tatonduk is utilizing 

the same B-727 aircraft as Amerijet used, \Vith pilots trained under the same training program as 

Amerijet, and all parabolic flight operations \Vill be conducted under the same conditions and limitations 

as Amerijet, the equivalent level of safety determination made in the Original Exemption applies with 

equal force to the exemption authority requested on behalf ofTatonduk. 

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PUBLIC INTEREST 

In the 2003 Petition, Zero G argued that it was in the public interest to allow parabolic flights both 

commercially and on behalf of NASA. Zero G noted that the U.S. House of Representatives had 

indicated its desire that NASA privatize its parabolic flight operations when a commercial provider 

became available. NASA has heeded Congressional intent As noted above, while NASA kept the C9 

Program through 2014, it is procuring commercial operations for the future of its micro gravity research 

and educational flights. Also noted above, Zero G is well positioned to become the successful bidder for 

the new commercial program. Further, Zero G pointed out that a number of industries, including the 

motion picture industry, aerospace companies, laboratories, educational institutions, corporations and 

adventure travel companies, had an interest in maintaining parabolic flight operations. Finally, Zero G 

cited parabolic flight as a stepping stone to development of commercial space travel. In granting 

Exemption 8333 the FAA agreed that private parabolic flight was in the public interest. 

The public interest finding in the Original Exemption remains equally applicable today. Since 

receiving exemption authority, approximately 17,000 passengers have had the opportunity to experience 

weightlessness without the flight liinitations of 14 CFR §§ 91.303(f) (regarding low visibility operations) 

and 91.307(c) (parachute requirements for passengers during intentional maneuvers that exceed nose-up 

or nose down attitude of30 degrees relative to the horizon). This has helped to make the Zero G program 

a commercially viable venture. It has also allowed NASA to shift most of its parabolic flight operations 

from the internal C9 Program (of concern to Congress) to the more cost-efficient Zero G Program. As 

such, from 2009 to 2014, NASA has been able to continue conducting experiments and testing in 

weightlessness, while, at the same time, limiting its use of the costly C9 Program. 

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It is clear that the public interest will continue to be served by allowing commercial parabolic 

flight. Zero G currently has a number of customers awaiting parabolic flight operations. Additionally, as 

noted above, NASA is in the process of procuring commercial microgravity services. Upon information 

and belief, Zero G is the only bidder that meets all of the criteria in the proposed SOW. In addition, 

NASA has awarded a number of grants under the FO Program which will require commercial parabolic 

flights as early as March 2015. It is Zero G's understanding that it is the only program capable of 

accommodating the operational needs of NASA and the FO Grantees. The award of the requested 

exemption authority will allow Tatonduk, as replacement service provider, to assume operational 

responsibilities previously provided by Amerijet and required for the continuation of the Zero G Program 

on behalf of Zero G's commercial customers, NASA personnel, and the FO Grantees. 

REQUEST FOR EXPEDITED PROCESSING 

Zero G seeks expedited processing of this petition to the greatest extent possible. In particular, 

Zero G, in accordance with 14 CFR § 11.87, requests waiver of the publication and comment requirement 

in the Federal Register. Additionally, Zero G requests a waiver of the 120-day pre-filing requirement 

contained in 14 CFR § 11.63( d). 

Under 14 CFR §11.87, relief from the publication and comment requirement in the Federal 

Register may be granted upon a showing that, inter alia, grant of the requested exemption will not set a 

precedent, the relief requested is identical to previous grants of exemption, and delaying action on the 

8 
petition through Federal Register publication and an opportunity for public comment will adversely affect 

the petitioner. 

Each of these criteria has been satisfied by Zero G and Tatonduk in this Petition.6 The relief 

sought for Tatonduk is identical to the exemption relief granted to Zero G on behalf of Amerijet in 

Exemption 8333, and is not precedent-setting. Moreover, delaying action on this Petition through Federal 

Register publication and a request for comments may detract from the commercial viability of the 

parabolic flight program since Zero G was unexpectedly forced to terminate its relationship with Amerijet 

in May of2014 and will not have a replacement service provider until Tatonduk is granted the necessary 

authority. Finally, this petition has been filed in a timely manner. As soon as Zero G identified Tatonduk 

to replace Amerijet (which, based upon the specialized nature of the parabolic flight operations, was a 

lengthy process), the parties negotiated an agreement which was fmalized on November 20, 2014 and 

Tatonduk, on December 15, 2014, submitted documentation to FAA in anticipation of complying with 

the requirements of Exemption 8333, assuming all the same relief would be granted to Tatonduk as was 

granted to Amerijet. 

As to 14 CFR § 11.63( d), under the circumstances presented in this Petition, a 120-day advance 

filing requirement would serve no public interest and could significantly hinder Zero G's parabolic flight 

program to the detriment of the general public, which has demonstrated a strong demand for Zero G' s 

parabolic flight services, NASA, and the FO Grantees. In order to remain commercially viable, Zero G 

must be in the position to replace operators with flexibility and as soon as possible. In this case, Zero G 

has already suffered significant financial set-backs due to the unexpected termination of operations by 

Without prejudice to this conclusion, and in accordance with 14 CFR § 11.81 (f), Zero G is providing in Exhibit B a 

summary of the relief sought. 

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Amerijet. Further, Zero G took all necessary steps to expedite the substitution ofTatonduk for Amerijet 

as the service provider and, in so doing, promptly reinstitute service on behalf of its valued customers and 

minimize the need for NASA to use the less efficient C9 Program. If the 120-day advance filing 

requirement is not waived, Zero G' s program will be significantly further delayed, thereby requiring 

NASA to either utilize the C9 Program, contrary to Congressional wishes, or interrupt its ongoing 

experiments in microgravity. Further, delay in awarding the requested exen1ption will prevent the timely 

commencement of operations by FO Grantees under the FO Program.7 Finally, further delays will 

jeopardize the commercial viability of the program. As such Zero G seeks a waiver of the 120-day 

advance filing requirement to the greatest extent possible. 

CONCLUSION 

As Tatonduk, and the pilots utilized by Tatonduk, will meet each and every requirement 

previously applicable to Amerijet and Amerijet pilots under Exemption 8333, and the terms and 

conditions for which relief is requested are identical to that relief previously granted to Amerijet, Zero G 

respectfully submits that the relief requested would provide an equivalent level of safety to that provided 

by 14 CFR §§ 91.303(t) and 91.307(c). Further, as shown by the safe and commercially successful 

nature of the Zero G operations over the last 12 years, there is a clear public interest in continuing the 

Zero G parabolic flight program utilizing Tatonduk as the service provider operating under Part 121, the 

highest standard of safety. As such, the grant of the requested authority is clearly warranted in this case. 

As noted in Fn. 3 above, FO Grantees should be in a position to begin implementing their grant projects as early as 

March 2015 and, without the authority granted to Tatonduk to provide parabolic operations on behalf of Zero G, the FO 

Grantee's projects will be delayed. 

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Furthermore, in light of the identical nature of this petition to the 2003 Petition and the need for 

Tatonduk to commence operations as soon as possible, Zero G respectfully requests that the FAA waive 

the requirement for publication and request for comments in the Federal Register and waive the 120-day 

advance filing requirement. Such expedited processing will prevent any harmful and unnecessary further 

intenuption or delay of flight services in anticipation ofTatonduk receiving exemption authority 

Respectfully submitted, 

~aa/!~ Michael Henke 

Counsel for Zero Gravity Corporation 

Counsel for Tatonduk Outfitters Limited 

January 23,2015 

11 
US.Depcrll'l"'ltf 

ct'lo'iiJX) aiCil 

Fectlual 

~ 

AvtabOII 

u zs m 

Mr. E. TazeweU Eitel! 

Hogan & Hartson 

Coiumbfa Square 

EXHIBIT A 

555 Thirteenth Street, NW. 

Washingtm, oc 200CM-1 109 

Dear Mr. Elett 

Thank you far your letter concerning 1he regulatory approach you believe should 

apply to eornmerc;ia1 parabolic flight operadona conducted by one or more 

Tilia 1<4 Code of Federa\ Regulations (,4 CFR) part 121 operators under an 

aircraft OtJerating arrangement with Zero-Gnrvtty Corporation (Zero-G). 

We have revlevled your proposed regUlatory approach, and we have conduded 

that 1t'te Federal Aviation Admi,iaUation vJill permit commercial parabolic flight 

operations offered to the genetS' ptJbltc to be conducted by one or more 14 CFR 

part 121 operator& (incfuding those Who conduCt either an-cargo or pastengercanying operations). subject to certain condmons, indudif"91he foUow\ng: 

1. The openations must be conducted in an approprJate}y modified 

airplane. 

2. The operator(s) must meet certain additional requirements necessary 

to maintain the proper leveJ oi safety for 1:hls unique type of operation. 

3. T1'le 14 CFR part 121 C~Perator or operators m\J61 be a:rvered by an 

exemption from 14 CFR secboos 91.303. Aeroaauc flight. and 91.307, 

Parechutes and Parac:huUng. 

The petition for exemptlon !rom 14 CFR sections 91.303 and 91.307 may be filctj 

by Zero-G on behalf of the 14 CFR part 121 operator or optr.alors to be covered 

by the exemption. Any exemption grsmed wlll be issued ~c the 1~ CFR part 12.1 

operators that are identified in the pf:tffion as intended operator'$ of commercial 

parabolic flight operations. 
Upon receipt ur th& pvUtion 1cr exem1Jtkm. the Flight Standards ScNice tn 

WsshlnQten w1'•1 coor¢n;ne wlth the c&nlflcala holding dlstric\ omce(s) oi the 

14 CFR part 121 operatcf paM81'(5) and advise Ulem oi rtae nationat policy 

pertilining to \hese flight operations. 

Slncar•ty. 

AssOciate 

Nl~~ Admlnlstra10r far 

Regulation aod Certifkielioo 

2 
EXHIBITB 

SUMMARY FOR FEDERAL REGISTER 

As stated in the foregoing petition, Zero G respectfully requests a waiver of the publication 

and comment requirements pursuant to 14 CFR § 11.87. Nevertheless, in accordance with 14 

CFR § 11.81(f), a summary of this petition is as follows: 

PETITIONER: 

RULES FROM WHICH RELIEF IS SOUGHT: 

DESCRIPTION OF RELIEF SOUGHT: 

Zero Gravity Corporation 

14 CFR § 91.303(f) 

14 CFR §91.307(c) 

Zero Gravity Corporation seeks relieffrotn 14 C.P.R.§§ 91.303(f) and 91.307(c) so 

that its selected service provider, Tatonduk Outfitters Limited, and selected pilots of 

Tatonduk Outfitters Limited, may operate, on Zero Gravity's behalf, specially-modified B727 aircraft in parabolic flight during an initial proving flight period and in subsequent 

commercial parabolic flight operations under 14 C.F .R. Part 121 without complying with the 

restriction against aerobatic flight when flight visibility is less than three statue miles and the 

requirement that occupants wear parachutes.