April 30, 2015

Exemption No. 7960 G Regulatory Docket No. FAA

- 2001

- 10191

Eric D. Meyn, Lt Col, USAF Chief, Flight Directives Division Department of the Air Force (HQ AFFSA/A30) 6500 South MacArthur (AJW31AF) Oklahoma City, OK 73169

Dear Lieutenant Colonel Meyn :

This letter is to inform you that we have granted your petition to amend Exemption No. 7960. It explains the basis for our decision, describes its effect, and lists the conditions and limitations.

The Basis for Our Decision

By letter dated October 3, 2014 , you petitioned the Federal Aviation Administration (FAA) on

behalf of the Unite d States Air Force (USAF) for an amendment to Exemption No. 7960, as

amended , to add two Military Operations Areas (MOAs) to the list of areas in which the USAF is allwed to operate under the terms of the exemption. That exemption from § § 91.209(a)(1) and (b) of Title 14, Code of Federal Regulations (14 CFR) allows the USAF and the aircrew from other participating services, when conducting approved joint air operations, to conduct night vision goggle (NVG) lights

- out training in certain military operations areas (MOA). The two

new areas r equest ed are Cougar (Hi and Lo) and Beak

.

In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safety that were the basis for granting the original exe mption.

The FAA has determined that good cause exists for not publishing a summary of the petition in

the Federal Register because the requested amendment to the exemption would not set a precedent, and any delay in acting on this petition would be detr imental to the USAF

.

The FAA also finds that the USAF’s use of NVGs can provide an added le vel of safety because of the user’s ability to detect conventional lighting at extended distances. The FAA believes, however, that despite this increased visibili ty during hours of darkness, NVG s effectively limit the user’s peripheral vision and that using the NVG system during maneuvering may limit the user’s vision to only the target or object in view.The FAA believes that this reduced field of view during u se of NVG s may lead to a lack of see

and

- avoid capability. Therefore, the FAA finds that it is imperative that flightcrews using NVG s operate in monitored airspace or, when not operating in monitored airspace, operate in airspace within a prescribed area that is identified in a Notice to Airmen (NOTAM) that must be issued at least 48 hours before the lights

- out operations are to begin. The NOTAM must be made available to the civil aviation community and must be capable of being disseminated among civil

us ers of the National Airspace System (NAS) . The FAA also finds that persons monitoring flight operations activity must make pilots of participating aircraft aware of the presence of nonparticipating traffic. The monitoring of flight operations may be perf ormed by military personnel not participating in NVG training activities (i.e., air traffic controllers, military radar unit personnel, airborne radar unit personnel, or pilots of nonparticipating aircraft observing the NVG training).

Therefore, the FAA h as added and amended multiple conditions and limitations to (1) maintain an acceptable level of safety while operation under this exemptions and (2) align the conditions and limitations with other petitioners similarly situated.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 7960 as amended remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrat or has delegated to me, I hereby grant the Department of the Air Force petition, subject to the following

conditions and limitation.

Conditions and Limitations

1. Operations conducted under this exemption are limited to NVG flight training in the

MOAs l isted in ATTACHMENT 1 to this exemption . Operations must be conducted in

accordance with the published operational times of the MOA

.

2. Operations conducted in selected MOAs must be continuously monitored by military personnel to detect all nonparticipating aircraft. The monitoring must be accomplished by radar capable of detecting nonparticipating aircraft, including those that may not be transponder

- equipped and/or have a small radar cross

- section, in the active volume of operational airspace.

3. Military pe rsonnel will immediately advise all participants when a nonparticipating aircraft has entered the active volume of operational airspace. Participating aircraft will maintain a continuous listening watch on a designated frequency during lights

- out operatio ns. If a nonparticipating aircraft is determined to pose a threat of conflict or collision risk, all participating aircraft will immediately restrict their operations, return to normal lighting conditions, and alter course as necessary to ensure the safet y of the nonparticipating aircraft.

4. All NVG flight training operations conducted under this exemption must be contained within a prescribed and publicized area that

––a. Is identified by name in a Notice to Airmen (NOTAM) that must be issued at least

48 hours before the lights

- out operations are to begin. In other words, no person may operate an aircraft under this exemption unless a NOTAM concerning the lights

- out operation was issued at least 48 hours before the lights

- out operation.

The NOTAM will advise that, during the course of flight planning, potential users of the MOA will be provided with information on the time and place of the proposed lights

- out operations. The NOTAM must be made available to the civil aviation community and must be capable of b eing disseminated among civil users

of the national airspace ;

b. Has been coordinated with the appropriate geographically responsible FAA air traffic control (ATC) facility; and

c. Has the capability of being monitored for nonparticipating traffic.

5. The USAF mus t

––

a. Establish a procedure to provide informational briefings to local flying organizations, businesses, and other civilian users within 100 nautical miles of the MOA airspace. These briefings must be provided on an annual basis and must

be coordinated wi th the manager of the geographically responsible Flight Standards District Office. The intent of the informational briefings shall be to increase their awareness of lights

- out operations and facilitate effective

communications between the USAF and the civ ilian users of the MOA airspace;

b. Develop procedures to provide advisories to transient operators of the MOAs to notify them that selected MOAs are in use for lights

- out operations. The use of the Automatic Terminal Information Service may be sufficient on ly if such transmissions can reach all air traffic operating within the selected MOA. Some notifications may be made through the use of NOTAM/special notices

disseminated at least 48 hours in advance of scheduled exercises. Other procedures may be applic able based on the location of the MOA and proximity to airports, FAA facilities, and potential aircraft and operators; and

c. Develop a letter of agreement (LOA) for lights

- out operations in MOAs. The LOA must be coordinated with and agreed to by the FAA ATC facility that has geographic responsibility for the airspace to be used and must include

––

i. Procedures for the immediate termination of lights

- out operations in the event of conflicting, nonparticipating traffic;

ii. Procedures for the immediate termination of lights

- out operations if a lights

- out aircraft spills out of the MOA;

iii. Procedures for the loss of communications;

iv. The type of aircraft and/or USAF unit(s) to be conducting lights

- out training operations;

v. A way of notifying the geographically responsible FA A ATC facility upon activation and termination of lights

- out operations to ensure that FAA ATC is aware of the activities in the MOA;vi. The geographical boundaries, altitude restrictions, and the name of the MOA in which operations under this exemption are a uthorized; and

vii. Procedures for loss of radar contact.

6. Each pilot who participates in operations conducted under this exemption must be thoroughly familiar with its provisions.

7. Failure to comply with all of the provisions of this grant of exemption may resul t in a revocation or cancellation of this grant of exemption

8. This exemption is not valid for operations outside of the United States.

The Effect of Our Decision

This extension terminates on April 30

, 201 7, unless sooner superseded or rescinded

.

Since rely,

//s// John Barbagallo Deputy Direct or, Flight Standards ServiceATTACHMENT 1 to Conditions and Limitations Number 1, FAA Exemption 7960

201 5 MOA List for USAF Operations MOA designations include a ll subdivisions unless otherwise noted

, e.g. Eagle Hi & Lo, 1 & 2.

Adir ondack Galena Pike

Airburst Gamecock Pine Hill

Avon Gandy Pinon Canyon

Bagdad Gladden Powder River

Basinger

Beak * Goose Red Hills

Beaver Hart Reserve

Birch Hays Reveille

Bison Hill Top Rose Hill

Bronco Hog (Hi N&S, Lo N&S) Saddle

Brownwood Howard Salem

Brush Creek Jackal Sells

Buckeye Jarbidge Sevier

Buffalo Juniper Seymour Johnson

Bulldog Kingsville Smokey

Camden Ridge La Veta (Low) Snoopy

Carthage Lake Andes Steelhead

Cato Lake Placid Stony

Cheyenne Lindbergh Susitna

Condor Lowville Taib an
Cougar (Hi and Lo)* Lucin Talon

Cranberry Marian Tiger

Crypt Moody Tombstone

Delta Morenci Truman

Desert Mt. Dora Tupper

DeSoto Naknek Turtle

Devils Lake O’Neill Twelve Mile

Dolphin Olympic Viper

Duke Outlaw Volk

Eielson Owyhee Warrior

Eureka Palatka White Elk

Falls Paradise Yankee

Farmville Pecos Yukon

Fox Pickett

*Added in 2015 as Exemmption 7960G