### BEFORE THE U.S. 

### DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.

Petition of 

### ZERO GRAVITY CORPORATION DocketFAAonbehalfof 

### TATONDUKOUTFITTERS LIMITED

PETITION FOREXEMPTION Commtu1ications with

### respectto this docmnent shouldbe sentto: Gary B. Garofalo VictorH. Smith Garofalo GoerlichHainbachPC 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 OutfittersLimited
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 CorporationPetition of 

### BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION

FEDERALAVIATIONADMINISTRATION WASHINGTON, D.C.

ZERO GRAVITY CORPORATION DocketFAAonbehalfof 

### TATONDUK OUTFITTERS LIMITED

PETITION FOREXEMPTION
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 behalfofZero G inparabolic flight operations (1) whenflight 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 maneuverthat exceeds a nose-up or nose-down attitude of30 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 thatthe exemptionauthority, ifgranted, apply to suchpilots.

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 reliefrequested for Tatonduk, as the service provider to Zero G, is identical to the reliefgranted to Amerijet and is not otherwise precedentsetting, good cause exists under§11.87 for FAA to forego publicationofa summary ofthis 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 ofparabolic 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 addthe Aircraftto its Part 121 Operations Specifications and anticipates thatthisprocess 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 replacementofAmerijetwith Tatonduk.


### BACKGROUND

On June 5, 2003, Zero G submitted a petition to the FAA (the "2003 Petition"), on behalfof Amerijet, seeking an exemption from the requirements of 14 CFR §§ 91.303(f) and 91.307(c) to the extent necessary to allow Amerijetto conduct, on behalfofZero G, initial proving flights and subsequent commercial parabolic flight operations underPart 121. 1 

### Inthe 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 operatoror operators conducting parabolic flight operations on behalfofZero 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 2the history ofthe Zero G parabolic flight program, the extent andjustification for the exemption relief sought, the equivalent level ofsafety 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 ofsafety to other Part 121 operations. As such, onMay 18, 2004, the FAA grantedthe Original Exemptionto Amerijet, as well as to all Amerijetpilots who "operate"theAircraft?
Uponthe grant ofthe Original Exemption, Zero G, utilizingthe services ofAmerijet 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 behalfofZero G customers carrying over 12,000 passengers. Additionally, during this time, under a contractwithNASAentered into onJanuary 2, 2008, Amerijethas 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 ofits customers and NASA3 utilizing Tatonduk as a replacement Exemption could be submitted by Zero G on behalfofthe Part 121 operator selected by Zero G. This letter served as the basis forthe originalpetition ofZero GonbehalfofAmerijetand also serves as the basis for the presentPetition ofZero Gonbehalfof Tatonduk.Exemption 8333 has been successfully renewed attwo-year intervals with the latestrenewal being granted on February 28, 2014. Asjustification for each renewal, Zero Gconfirmed to FAA that Amerijet, and Amerijetpilots, successfully operated the Amerijet aircraft under conditions and limitation provided in the exemption. As a result, FAA routinely renewed Zero G's exemption authority withoutmodification. By way ofbackground, Zero G terminated operations in May 2014 due to Amerijet's unexpected termination of services to Zero G. Toprevent interruption ofits 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 ofthe Zero G Program. While NASA stillhas the C9 aircraft, ithas closed its Microgravity Office atJohnson Space Centerand is now seeking proposals from commercial operators to conduct future parabolic flights in microgravity on NASA's behalf. Zero G is in the 3

### service provider in amanner 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 Tatondukpilots to act as crevvmembers for such operations.4 

### As aresult, grant ofthe requested exemption authority will allowZero Gto continue its parabolic flight activities utilizing Tatonduk.

EXTENT AND JUSTIFICATION OF RELIEF SOUGHT

In the 2003 Petition, Zero G set forth, in detail, itsjustificationfor exemption relieffrom 14 CFR §§ 91.303(t) and 91.307(c) (see 

### Pages 3-5 ofthe 2003 Petition). In 

### granting that petition on May 18, 2004, FAA reiterated thejustifications and representations presented in support ofthe agency's decision to grantthe requested exemption authority. Eachjustification for reliefpresented in the 2003 Petition and accepted by the FAA continues to apply to the authority requested by Zero G on behalfofTatonduk and is incorporated by reference herein as the basis for granting similar reliefto Tatonduk. Zero G certifies that eachofthesejustifications applies equallyto the reliefrequested onbehalfofTatonduk.

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 ofanswering 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 Gis the only owner ofacivil 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 outin the Proposed Statement ofWork (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 ofZero Gfortheirparabolic flight operations. 4 While Tatondukreserves the right to hire and train additional qualified pilots in its parabolic flight operations, it is the presentintention ofTatondukto use flightpersonnel previously used by Amerijet in parabolic flight operations forZero G. 4

### and training programs for its flight crews required by Exemption 8333 and will operate and maintain the Aircraftin 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 ofthe 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, andvertical velocity which will be encountered during each parabolic maneuver in compliance with the STC No. ST01051LA covering the operation ofthe 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 (ATC) facility exercising control over the airspace in which eachparabolic flight will be 

### conducted.

In anticipation of complying with the conditions and limitations ofthe Original Exemption, Tatondukhas submittedto its FSDO on December 15,2014 documentation outlining the steps itwill take to meet each requirement in Exemption 83335 

### and has begun preparing for the necessary proving and pilottraining. Tatondukwill continue to work with its FSDO and ATC to ensure that ithas the necessary approvals inplace priorto conductingparabolic operations as Zero G's serviceprovider.

This package was submitted as required and dictated by FAA Safety Assurance System (SAS) protocoL 5As Zero G, for itself and on behalf of Tatonduk, \Vill adhere to the same crew training, maintenance and operational requirements imposed on Amerijet, thejustification for the reliefsought 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 presentedby Zero G, achieve an equivalent level ofsafety 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 Amerijethave operated over 539 parabolic flights under the terms ofExemption 8333 \Vithout any accident, incident or injury. This unblemished safety record clearly demonstrates that the operations permitted under Exemption 8333 have, infact, provided an equivalent level ofsafety to otherPart 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 authorityrequested on behalfofTatonduk.

6

### PUBLIC INTEREST


### Inthe 2003 Petition, Zero G arguedthatit was inthe public interestto allowparabolic 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 ofits microgravity research and educational flights. Also noted above, Zero G is well positioned to become the successful bidderfor the new commercial program. Further, Zero G pointed out that a number ofindustries, 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 thatprivate parabolic flight was inthe 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 withoutthe 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 ornose down attitude of30degrees relative to the horizon). This has helped to make the Zero Gprogram a commercially viable venture. Ithas also allowed NASA to shift most ofits parabolic flight operations from the internal C9 Program (ofconcern 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, atthe sametime, limiting its use ofthe costly C9 Program.

7

### It is clear that the public interest will continue to be served by allowing commercial parabolic flight. Zero G currently has a number ofcustomers awaiting parabolic flight operations. Additionally, as noted above, NASA is in the process ofprocuring commercial microgravity services. Upon information and belief, Zero G is the only bidder that meets all ofthe criteria in the proposed SOW. In addition, NASA has awarded a number ofgrants 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 ofNASA and the FO Grantees. The award ofthe requested exemption authority will allow Tatonduk, as replacement service provider, to assume operational responsibilities previously provided byAmerijet and required for the continuation ofthe Zero G Program
on behalfofZero G'scommercial customers, NASApersonnel, and the FO Grantees.


### REQUEST FOREXPEDITED PROCESSING

Zero G seeks expedited processing ofthis petition to the greatest extent possible. In particular, Zero G, in accordance with 14 CFR §11.87, requests waiverofthe publication and commentrequirement in the Federal Register. Additionally, Zero G requests a waiver ofthe 120-day pre-filing requirement containedin 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 ofthe requested exemption will not set a precedent, the reliefrequested is identical to previous grants ofexemption, and delaying action on the

8

### petitionthrough Federal Registerpublication and an opportunity forpublic commentwill adversely affect the petitioner.

Each ofthese 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 ofAmerijet in 

### Exemption 8333, and is notprecedent-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 Gwas unexpectedly forced to terminate its relationship withAmerijet in May of2014 and will not have areplacement service provider until Tatonduk is granted the necessary authority. Finally, this petitionhas been filed in atimely manner. As soon as Zero Gidentified Tatonduk to replace Amerijet (which, based upon the specialized nature ofthe 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 ofcomplying with the requirements ofExemption 8333, assuming all the same reliefwould be granted to Tatonduk as was grantedto 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 hinderZero G's parabolic flight program to the detriment ofthe 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 ofoperations by
Withoutprejudice to this conclusion, and in accordance with 14 CFR §11.81(f), Zero Gisproviding in ExhibitB a summary ofthe reliefsought. 9Amerijet. Further, Zero G took all necessary steps to expedite the substitution ofTatonduk for Amerijet
as the service providerand, in so doing, promptlyreinstitute service onbehalfofits 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 preventthe timely commencement of operations by FO Grantees under the FO Program.7 Finally, further delays will jeopardize the commercial viability ofthe program. As such Zero G seeks a waiver ofthe 120-day advance filing requirementto the greatestextentpossible.


### 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 reliefis requested are identical to that reliefpreviously granted to Amerijet, Zero G respectfully submits that the reliefrequested would provide an equivalent level ofsafety to that provided by 14 CFR §§ 91.303(t) and 91.307(c). Further, as shown by the safe and commercially successful nature ofthe 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 ofsafety. As such, the grantofthe requested authority is clearly warranted inthis 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 ofZero G, the FO Grantee's projectswill bedelayed. 10

### Furthermore, in light ofthe identical nature ofthis petition to the 2003 Petition and the need for Tatondukto commence operations as soon as possible, Zero Grespectfully requests that the FAA waive the requirementfor publication and request for comments inthe Federal Register and waive the 120-day advance filing requirement. Such expeditedprocessing will prevent any harmful and unnecessary further intenuptionordelay offlight 

### services in anticipation ofTatondukreceiving exemption authority 

### Respectfully submitted,



# ~aa/!~

Michael Henke 

### Counsel forZero Gravity Corporation

Counsel for Tatonduk OutfittersLimited January 23,2015

11US.Depcrll'l"'ltf ct'lo'iiJX)aiCil FectlualAvtabOII**~** 

# u zs m Mr. E. TazeweU Eitel! Hogan & Hartson Coiumbfa Square 

## EXHIBIT A

555 ThirteenthStreet, NW. Washingtm, 

### oc 200CM-1109 Dear Mr. Elett Thank you far your letter concerning 1he regulatory approachyou believe should apply to eornmerc;ia1 parabolic flight operadona conducted byone ormore Tilia 1<4 Code of Federa\ Regulations (,4 CFR) part 121 operators underan aircraft OtJerating arrangement withZero-GnrvttyCorporation (Zero-G). We have revlevled your proposed regUlatory approach, andwe have conduded that 1t'te Federal Aviation Admi,iaUation vJill permit commercial parabolic flight operations offered tothe genetS' ptJbltc to be conducted by one or more 14 CFR part 121 operator& (incfuding those Who conduCt either an-cargo orpastengercanying operations). subjectto certain condmons, indudif"91hefoUow\ng: 1. The openations mustbe 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 uniquetypeofoperation. 3. T1'le 14 CFR part 121**C~Perator** or operators m\J61 bea:rvered byan 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 byZero-G on behalfofthe 14 CFR part 121 operator or optr.alors tobecovered bythe exemption. Any exemption grsmed wlll be issued**~c** the**1~** CFR part 12.1 operatorsthat are identified in the pf:tffion as intended operator'$ of commercial parabolicflight operations.Upon receipt urth& 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 oirtae nationat policy pertilining to \hese flight operations. Slncar•ty.

# Nl~~ AssOciate Admlnlstra10r far Regulation aod Certifkielioo

2EXHIBITB 

### SUMMARY FORFEDERAL REGISTER As stated in the foregoing petition, Zero G respectfully requests a waiver ofthe publication and commentrequirements pursuantto 14 CFR §11.87. Nevertheless, in accordance with 14 CFR §11.81(f), asummary ofthis 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 requirementthatoccupants wearparachutes.