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

O RBITAL SCIENCE Regulatory Docket No. FAA

- 2013

- 0779

CO R PORATION

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 Admi nistration

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 an d 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 own s and operates a modified Lockhee d L

- 1011 Tristar t o carry and air launch the Pegasus XL launch vehic le. The National Aeronautics and Space Administration (NASA )2

and other government agencies have used t he 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 allow s 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

u nique aircraft that is operated and maintained in accordance with p art 125 certification and operations requirements. It is the only remaining Lockheed L

- 1011 in operation in

the U nited S tates . There are no other FAA approved L

- 1011 simulators anywhere i n 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 request ed 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 suppor t of Orbital petition . NASA stated, “G iven 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 petiti oner’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 reque st 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 airbor ne launches of rockets

. T he 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.3

The FAA’s Decision

In consideration of the foregoing, I fi nd 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 t o 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.

Iss ued in Washington, DC, on January 15, 2014

.

/s/ John Barbagallo

Acting Deputy Director, Flight Standards Service