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

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]

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