May 14, 2008

Exemption No. 9695

Regulatory Docket No. FAA-2007-28302

Colonel Allen S. Baker

Aeronautical Services Agency

U.S. Department of the Army

9325 Gunston Road, Suite N319

Fort Belvoir, VA 22060

Dear Col. Baker:

This letter is to inform you that we have granted your request for
exemption. It transmits our decision, explains its basis, and gives you
the conditions and limitations of the exemption, including the date it
ends.

**The Basis for Our Decision**

On May 18, 2007, you petitioned the Federal Aviation Administration
(FAA) on behalf of the United States Army Special Operations Command
(USASOC) for an exemption from

§§ 105.17 and 105.19(a) and (b) of Title 14, Code of Federal Regulations
(14 CFR). That petition for exemption, if granted, would allow USASOC to
conduct day and night parachute operations using parachutes with no
illumination, through clouds, outside of restricted areas, at or below
1,500 feet above ground level (AGL). Those operations would be conducted
in Class B, C, D, or E airspace at Department of Defense (DOD)
controlled/contracted drop zones, or DOD controlled airports.

On August 10, 2007, the FAA received supplemental information from you,
as requested, identifying the specific locations USASOC needed to
accomplish its training/exercises and intended to be covered by this
exemption.

The FAA has determined that good cause exists for not publishing a
summary of the petition in the [Federal Register]{.underline} because
the requested exemption would not set a precedent, and any delay in
acting on this petition would be detrimental to USASOC.

The FAA has issued a grant of exemption in circumstances similar in all
material respects to those presented in your petition. In Grant of
Exemption No. 8256, later re-issued as Exemption No. 9294 in 2007, the
FAA found that the petition was unique and provided mitigating factors
for consideration. The FAA determined that by operating solely over
established drop zones with airspace surveillance being accomplished by
airborne, control tower, and drop zone observers, and by having command
and control procedures in place, a maximum level of safety is provided.

Having reviewed your reasons for requesting an exemption, I find that---

-   they don't differ materially from those presented by the petitioner
    in the enclosed grant of exemption;

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-   the reasons stated by the FAA for granting the enclosed exemption
    also apply to the situation you present; and

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-   a grant of exemption is in the public interest.

**Our Decision**

Under the authority contained in 49 U.S.C. 40109, which the FAA
Administrator has delegated to me, I hereby grant United States Army
Special Operations Command an exemption from 14 CFR §§ 105.17 and
105.19(a) and (b) to the extent necessary to allow USASOC to conduct day
and unlighted night (sunset to sunrise) parachute operations, through
clouds, outside of restricted areas, at or below 1,500 feet AGL. These
operations are to be conducted in Class C, D, or E airspace at the
airports listed in Condition No. 8b. that are closed to
non-participating air traffic by Notice to Airmen (NOTAM). Furthermore,
these operations are subject to the conditions and limitations described
below.

**Conditions and Limitations**

1.  This exemption is limited to USASOC combat readiness parachute
    training conducted at the airports/drop zones listed in Condition
    No. 8b.

2.  Each airborne training operation:

    a.  Must be:

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(i) Conducted with a dedicated observer, not performing aircrew duties,
    aboard each aircraft in a flight of two or more aircraft (non-pilot
    airborne observers); or

(ii) Escorted by an aircraft serving as an observation platform
     dedicated to surveillance for non-participating traffic (pilot
     airborne observer) in the event the training operation only
     consists of a single aircraft from which parachutists will jump.

     a.  In addition to the aerial observation, the operation must be
         conducted with personnel on the ground at the drop zone to
         conduct surveillance for potential conflicts with
         non-participating aircraft (ground observers).

     b.  The operations must be conducted in such a manner as to enable
         the airborne and ground observers to survey the surrounding
         airspace for non-participating air traffic and relay the
         findings to all participants so operations may be terminated
         while any non-participating air traffic is in the area.

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3.  Traffic notifications from the observers shall provide the
    flightcrew with information about the position and speed of the
    observed non-participating air traffic.

4.  When non-participating air traffic is in the area, the parachute
    training operations shall be terminated until the air traffic is no
    longer in the area.

5.  Unlighted parachute operations may not be conducted above 1,500 feet
    AGL and must be contained within the boundaries of the airport,
    listed in Condition No. 8., that is being utilized as a drop zone.
    This area must be established as an area of low density air traffic
    that does not infringe upon FAA-designated airspace areas and has
    been coordinated with the appropriate FAA Service Center System
    Support Group and region Flight Standards Division offices.

6.  Unlighted parachute operations, through clouds, may be conducted
    only at airports listed in Condition No. 8 and only as necessary to
    meet the requirements of combat readiness training by members of the
    USASOC.

7.  Each pilot who will conduct operations for the USASOC under this
    exemption must be thoroughly familiar with its provisions.

8.  USASOC, or its designated representative, shall advertise the
    proposed parachute training operations to operators at all airports
    within 50 miles of the airport/drop zone area for 60 days preceding
    the initial use and 7 days preceding each subsequent use.

    a.   Airports to be used for the drop zones shall be closed by NOTAM
        to non-participating air traffic. The control tower shall remain
        appropriately staffed during the day and/or unlighted night
        parachute operations to ensure non-participating air traffic
        remain clear of the airspace to be used.

    b.  The following airports are authorized for use after permission
        has been obtained from, and a letter of agreement has been
        signed with, the airport's management. Letters of agreement must
        be coordinated with the appropriate FAA Service Center System
        Support Group and Flight Standards offices prior to signing.

        1.  Allen Army Airfield, Alaska

        2.  Avon Park, Florida

        3.  Biggs Army Airfield, Texas

        4.  Blackstone Army Airfield, Virginia

        5.  Boise, Idaho

        6.  Butts Army Airfield, Colorado

        7.  Cairns Army Airfield, Alabama

        8.  Camp Blanding Army Airfield, Florida

        9.  Campbell Army Airfield, Kentucky

        10. Cecil Field, Florida

        11. Duke Field, Florida

        12. Felker Army Airfield, Virginia

        13. Fairchild Air Force Base, Washington

        14. Forney Army Airfield, Missouri

        15. Godman Army Airfield, Kentucky

        16. Gray Army Airfield, Washington

        17. Grant County/Moses Lake, Washington

        18. Grayling Army Airfield, Michigan

        19. Great Falls, Montana

        20. Hagler Army Airfield, Mississippi

        21. Henry Post Army Airfield, Oklahoma

        22. Hood Army Airfield, Texas

        23. Hunter Army Airfield, Georgia

        24. Hurlburt Field, Florida

        25. Indian Springs, Nevada

        26. Klamath Falls, Oregon

        27. Ladd Army Airfield, Alaska

        28. Lawson Army Airfield, Georgia

        29. Libby Army Airfield, Arizona

        30. Mackall Army Airfield, North Carolina

        31. Marshall Army Airfield, Kansas

        32. Maxwell Air Force Base, Alabama

        33. Mountain Home Air Force Base, Idaho

        34. Muir Army Airfield, Pennsylvania

        35. North Airfield Auxiliary

        36. Pendleton, Oregon

        37. Phillips Army Airfield, Maryland

        38. Polk Army Airfield, Louisiana

        39. Powell Drop Zone, Washington

        40. Ray S. Miller Army Airfield, Minnesota

        41. Redstone Army Airfield, Alabama

        42. Robert Gray Army Airfield, Texas

        43. Roswell, New Mexico

        44. Sabre Army Airfield, Tennessee

        45. Simmons Army Airfield, North Carolina

        46. Wheeler Army Airfield, Hawaii

        47. Wheeler-Sack Army Airfield, New York

        48. Whidbey Island Naval Air Station, Washington

        49. Wright Army Airfield, Georgia

9.  USASOC, or its designated representative, must provide notice of
    proposed parachute training operations through NOTAMs/Special
    Notices disseminated at least 72 hours in advance of the planned
    training. The training airspace will be identified by name (if
    applicable) or by latitude/longitude. The NOTAMs will advise that
    during the course of flight planning, potential users of the
    operational area will be provided with information on the time and
    place of the proposed parachute training operations. The NOTAMs must
    be made available to the civil aviation community and must be
    capable of being disseminated among civil users of the National
    Airspace System.

This exemption terminates on April 30, 2010, unless sooner superseded or
rescinded.

Sincerely,

/s/

Jeffrey T. Williams

Acting Director, System Operations Airspace

and Aeronautical Information Management

Air Traffic Organization