AFS-13-527-E

Exemption No. 10918

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

ORBITAL SCIENCE Regulatory Docket No. FAA-2013-0779

CORPORATION 

 

for an exemption from § part 60 

of Title 14, Code of 

Federal Regulations 

GRANT OF EXEMPTION

 By letter dated August 28, 2013, Mr. Edward Dunlap, Manager, L1011 Operations, Orbital 

Sciences Corporation, (Orbital), P.O. Box 1087, Mojave, CA 93502, petitioned the Federal 

Aviation Administration (FAA) on behalf of Orbital for an exemption from part 60 of 

Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would 

extend the expiration date of its current qualification for an additional 18 months for its 

Lockheed L1011 Flight Simulation Training Device (FSTD), Federal Aviation Administration 

Identification Number (FAA ID) 0049. 

The petitioner requires relief from the following regulation:

Section 60.17(c)(ii) prescribes, in pertinent part, if a FSTD qualification is lost and has 

not been restored within two years from the date of last operation, that it must be 

requalified under the standards of part 60, Appendix A. 

The petitioner supports its request with the following information:

Orbital states its exemption expired October 3, 2013 and requests additional time to 

activate and restore the FSTD. If this exemption is granted, Orbital requests 8 months 

from the date of the grant to relocate and restore the simulator.

Orbital owns and operates a modified Lockheed L-1011 Tristar to carry and air launch the 

Pegasus XL launch vehicle. The National Aeronautics and Space Administration (NASA)
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and other government agencies have used the Pegasus XL launch vehicle to launch 

scientific, observation, and communication satellites. Since the inception of the 

program, 42 missions have been conducted and future missions are planned for 2016 

and beyond. These missions provide invaluable data to the scientific world in many 

areas that affect the environment, climate and atmospheric changes, solar and tidal 

effects, as well as other significant data. The proven reliability of Pegasus allows

NASA to certify it as a class three launch vehicle, the highest class of certification 

attainable. The Orbital L-1011 Pegasus carrier aircraft is the cornerstone to this 

success and continued support of the program is not only in NASA’s interest, but in the 

public interest as well.

Orbital utilizes the aircraft to carry the Pegasus XL to any location worldwide that has 

the appropriate range and tracking facilities to support satellite launches. This is a 

unique aircraft that is operated and maintained in accordance with part 125 certification 

and operations requirements. It is the only remaining Lockheed L-1011 in operation in 

the United States. There are no other FAA approved L-1011 simulators anywhere in 

the world.

Orbital believes that it is in the public interest both in terms of the service provided to 

NASA and other U.S. government agencies and, more importantly, the enhanced 

training and risk reduction the simulator provides, to approve the requested exemption 

that will enable installation and requalification of L-1011 FSTD FAA ID 0049.

 A summary of the petition was published in the Federal Register on September 27, 2013

(78 FR 59753). One comment was received.

NASA filed a comment in support of Orbital petition. NASA stated, “Given the lack of 

a commercially based small-class satellite launch market, NASA would most likely 

become the recipient of any increased costs caused by a FAA decision to not allow an 

extension to the certification of the L-1011 simulator.” NASA also stated that it 

supports Orbital’s request from the perspective of maintaining a capability that 

promotes flight safety and launch mission success.

The FAA's analysis is as follows:

The FAA has fully considered the petitioner’s request and supporting information. The 

FAA finds that a grant of exemption would be in the public interest and would provide a level 

of safety equivalent to that provided by the current regulations. 

The FAA agrees that a grant of Orbital’s request would allow Orbital to relocate and restore 

its simulator in preparation for requalification. In addition, it would allow Orbital to continue

to support NASA’s space program and assist flight crews to maintain currency in order to 

facilitate the airborne launches of rockets. The FAA recommends that the petition for 

exemption is granted for a maximum of 18 months instead of eight months due to the 

complexity of the qualification request.
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The FAA’s Decision

 In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701,

delegated to me by the Administrator, Orbital Science Corporation is granted an exemption 

from 14 CFR part 60 to the extent necessary to allow Orbital to extend the expiration date of 

its current qualification for an additional 18 months for its Lockheed L1011 FSTD FAA ID 

0049.

This exemption terminates on June 30, 2015, unless sooner superseded or rescinded.

Issued in Washington, DC, on January 15, 2014 .

/s/

John Barbagallo

Acting Deputy Director, Flight Standards Service