[Federal Register Volume 59, Number 12 (Wednesday, January 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1208]


[[Page Unknown]]

[Federal Register: January 19, 1994]


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DEPARTMENT OF TRANSPORTATION
 

Proposal for a New Special Purpose Operation in the Restricted 
Category Under FAR 21.25(b)(7)--Space Vehicle Launching

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice.

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SUMMARY: This notice proposes to specify a new restricted category 
special purpose operation under FAR 21.25(b)(7), ``Any other operation 
specified by the Administrator.'' The purpose of this notice is to 
improve the public's awareness of, and participation in, this aspect of 
FAA's regulatory activities.

DATES: Comments on this notice must be received on or before February 
18, 1994.

ADDRESSES: Send comments on this notice in triplicate to: Federal 
Aviation Administration, Aircraft Certification Service, Aircraft 
Engineering Division, Attn.: Victor Powell, Aerospace Engineering 
Specialist, AIR-110, 800 Independence Avenue SW., room 804, Washington, 
DC 20591.

FOR FURTHER INFORMATION CONTACT:
This proposal to specify a new special purpose restricted category 
operation, any comments received, and a copy of any final disposition 
will be filed in room 804, FAA Headquarters Building (FOB 10A), 800 
Independence Avenue SW., Washington, DC 20591. Telephone (202) 267-
9588.

SUPPLEMENTARY INFORMATION:

Comments

    Interested persons are invited to submit such written data, views, 
or arguments as they may desire. The FAA will consider any 
communication received on or before the closing date for comments from 
the public regarding this proposal to specify a new special purpose 
operation before approving the new special purpose or any related 
operation.

Background

Regulations Affected: FAR Sec. 21.25(b)(7)

Discussion of Proposed New Special Purpose Operation
    Federal Aviation Regulations (FAR) part 21, Sec. 21.25 provides for 
issuance of type certificates approving specific special purpose 
operations for aircraft in the restricted category. Examples of special 
purpose operations for which restricted category type and airworthiness 
certificates may be issued are listed in FAR Secs. 21.25(b)(1) Through 
(b)(6). Authority to specify any other special purpose operation is 
reserved by the FAA Administrator in FAR Sec. 21.25(b)(7). Advisory 
Circular (AC) 21-17 states that the only operations falling within the 
restricted special purpose category are those items specifically listed 
in FAR Sec. 21.25(b) (1) through (6), ``plus further categories 
established under (b)(7) after public notice and comment procedures.'' 
The FAA defines restricted category Operations in FAR Sec. 21.25(b) as 
agricultural (spraying, dusting, seeding, and livestock and predatory 
animal control); forest and wildlife conservation; aerial surveying 
(photography, mapping, and oil and mineral exploration); patrolling 
(pipelines, power lines, and canals); weather control (cloud seeding); 
aerial advertising (skywriting, banner towing, airborne signs and 
public address systems); and any other operation specified by the 
Administrator.
    The FAA has approximately 50 years of experience in approving 
restricted category type certificates and flight operations for 
aircraft and uses that are in the public interest, but that cannot be 
accomplished in standard category aircraft (normal, utility, acrobatic, 
commuter, or transport). Restricted category certificates are issued 
when an aircraft is not eligible for standard category certification as 
configured for a particular special purpose operation. Historically 
special purpose operations conducted with restricted category aircraft 
have provided an acceptable overall level of safety because the FAA 
requires restricted category aircraft to meet all the airworthiness 
requirements of the appropriate standard category except for those 
requirements that are not pertinent to the special purpose operation. 
In addition, to compensate for the airworthiness requirements that 
cannot be met by the aircraft configuration, the FAA places performance 
or flight limitations upon the aircraft's restricted category operation 
(for example, requiring operators to avoid populated areas and to carry 
only essential personnel) to compensate for airworthiness standards 
that cannot be met.
    Newport Aeronautical Development Corporation (NADC), seeks to 
establish a new special purpose operation called ``space vehicle 
launching'' under the restricted category provisions of 
Sec. 21.25(b)(7), ``Any other operation specified by the 
Administrator.'' The special purpose will allow restricted category 
aircraft to transport and release air-launched vehicles (ALV) designed 
to launch payloads (e.g., satellites or other research packages) into 
either earth orbit or sub-orbital trajectories.
    This notice describes one method of using the proposed special 
purpose operation. However, if the FAA establishes this proposed 
special purpose operation, other individuals and companies may use 
other methods for operating aircraft for ``space vehicle launching'' as 
a special purpose operation in restricted category.
    An ALV/aircraft combination represents a blend of two 
technologies--aviation and space. Civil aircraft established their 
record of safety and reliability during a long history of thorough and 
careful Federal oversight. The U.S. public bases its confidence in 
civil aviation on the knowledge that the FAA will not compromise its 
safety standards. The FAA is responsible for the certification of the 
aircraft, and its operation, to protect the aircraft, the crew, and the 
public and property on the ground.
    In a typical projected use of this category, an operator, such as 
Orbital Sciences Corporation (OSC), may use one of several ALV models 
that are within the weight carrying capacity of the restricted category 
aircraft used in this special purpose operation. Orbital Sciences 
Corporation's current ALV models range up to 85,000 pounds in weight, 
contain several solid or liquid propellant rocket motors, and are 
designed to launch a payload into outer space. In this example, an L-
1011 aircraft (or ``carrier aircraft'') may be modified to carry any of 
the operator's ALV models aloft. In addition, when not using the 
carrier aircraft for ALV launch operations, the operator will use the 
carrier aircraft for other purposes and will be able to convert the 
aircraft back to a passenger and/or cargo carrying configuration after 
extensive modifications.
    Launches will either be licensed by DOT's Office of Commercial 
Space Transportation (OCST) or carried out by the U.S. Government on 
its own behalf. OCST licenses commercial space launches in accordance 
with the Commercial Space Launch Act of 1984, as amended (49 U.S.C. 
App. 2601 et seq.) (the Act). OCST exercises regulatory authority over 
launches of launch vehicles to ensure the protection of public health 
and safety, the safety of property, and the national security and 
foreign policy interests of the United States. To obtain a license from 
OCST, an applicant, such as OSC, must demonstrate that it is capable of 
conducting launch related operations safely and responsibly.
    Launches carried out by the U.S. Government on its own behalf are 
not subject to the Act and, accordingly, are not licensed by OCST. In 
those instances, the FAA would continue to exercise regulatory 
authority over the civil aircraft and the U.S. Government would be 
responsible for launch operations.
    While the carrier aircraft/ALV combination will be capable of 
operating out of many locations worldwide and then launching an ALV, 
the takeoff and landing operations may be limited to certain military, 
government, or selected civil airports. FAR 91.313(e) places the 
following constraints upon operation of restricted category aircraft: 
``Except when operating in accordance with the terms and conditions of 
a certificate of waiver or special operating limitations issued by the 
Administrator, no person may operate a restricted category civil 
aircraft within the U.S.--(1) Over a densely populated area; (2) In a 
congested airway; or (3) Near a busy airport where passenger transport 
operations are conducted.''
    Orbital Sciences Corporation's current proposal is to release the 
ALV over the ocean but, in some circumstances, OSC may apply to release 
the ALV over land. During a typical operation, the pilot would release 
the ALV after the carrier aircraft climbs past 38,000 feet above sea 
level. After falling away from the carrier aircraft, the ALV rocket 
motor would ignite and carry the payload into the desired orbital or 
sub-orbital trajectory. After each rocket stage exhausts its fuel, the 
spent stage drops from the ALV. Depending on the ALV's altitude, the 
spent rocket stage would either drop back to the earth's surface, burn 
up in atmospheric reentry, or enter orbit.
    During ferry flights and launch operations, OSC proposes to use 
safety inhibits to keep the ALV in a safe condition and protect the 
carrier aircraft and persons or property on the ground from inadvertent 
rocket ignition or other hazardous events. In addition, OSC proposes to 
use mechanical safety inhibits to inhibit inadvertent rocket ignition 
while the ALV remains attached to the carrier aircraft. OCS will 
protect the ALV release mechanism on the carrier aircraft to ensure 
that the pilot cannot inadvertently release the ALV. OSC has proposed 
placing a launch control operator on the carrier aircraft to 
continuously monitor the ALV's status and to ensure that the safety 
inhibits remain in place using carrier aircraft and ALV 
instrumentation. Safety inhibits are not removed from the motor and 
other critical circuits until after the pilot releases the ALV and it 
has dropped clear of the aircraft. OSC must plan the carrier aircraft 
flight routes for both ferry and launch operations to minimize the risk 
to public safety and the flight routes must be approved by the FAA.
    Orbital Science Corporation also proposes to incorporate an onboard 
command destruct system on the ALV to allow ground launch range safety 
personnel to terminate the ALV's flight if, after release, the ALV 
threatens public safety. The command destruct system will be 
inoperative while the ALV remains attached to the carrier aircraft. 
Should ground personnel activate the command destruct system after the 
pilot releases the ALV, the system will disable the rocket motors and 
the ALV will fall towards the earth, where they could decide to 
initiate command destruct action.
    Depending on whether the launch is government or commercial, either 
USAF/NASA/FAA or OCST/FAA, respectively, evaluate potential risks posed 
to public safety by possible use of the command destruct system. Either 
the carrier aircraft's or the ALV's flight path may be restricted if 
necessary to protect public safety.
    In an emergency, the carrier aircraft pilot could jettison the ALV 
from the aircraft. If the pilot jettisons the ALV during ferry flight 
operations or before release during launch operations, the ALV will 
fall, intact, to the earth's surface. However, if the pilot jettisons 
the ALV only a few moments prior to a normal launch, it is possible 
that the ground launch range's safety personnel may be able to activate 
the command destruct system. In that case, the safety personnel will 
either allow the ALV to fall to the earth's surface or initiate the 
command destruct action, whichever best protects the public safety.
    Orbital Science Corporation has conducted four ALV launches from a 
NASA-owned model NB-52 at both the Western and Eastern Ranges. NASA and 
DOD conducted extensive safety and design reviews for the ALV launches 
from the NB-52. OSC expects that launch operations using the carrier 
aircraft will be similar to those conducted using NASA's NB-52.
    In issuing restricted category certificates, the FAA is required to 
prescribe appropriate conditions and limitations upon the aircraft type 
design and the operations of those aircraft to ensure the safety of 
persons and property in the air and on the ground. The FAA specifically 
solicits comments on whether the proposed special purpose operation, 
``space vehicle launching,'' would be in the public interest. The 
requester states that this special purpose would allow an operator to 
put payloads in orbit for approximately half the cost of using either 
conventional rockets or the space shuttle. Supplying this ``space 
vehicle launching'' service would provide jobs for both the operator 
and companies developing and building the payloads (satellites or 
research packages). Companies (and individuals) could use the payloads 
for business and research activities: Improving communication systems, 
researching atmospheric phenomena, improving navigation systems, 
developing new manufacturing techniques, and more. The FAA also 
solicits comment on operational restrictions the public believes are 
appropriate for these carrier aircraft while transporting ALV's, and 
the reasons for those restrictions. Comments should cover both launch 
and ferry flights.


    Issued in Washington, DC, on January 11, 1994.
David W. Ostrowski,
Acting Manager, Aircraft Engineering Division, Aircraft Certification 
Service.
[FR Doc. 94-1208 Filed 1-18-94; 8:45 am]
BILLING CODE 4910-13-M