AFS-11-255-E May 6, 2011

Exemption No. 4371L Regulatory Docket No. FAA-2000-8093

Lt. Colonel Timothy M. Kersey Chief, Flight Standards Division HQ AFFSA/A3OF

6500 S. MacArthur Blvd. Bldg. 4, Rm. 124 Oklahoma City, OK 73169

Dear Lt. Col. Kersey:

This letter is to inform you that we have granted your petition to extend Exemption No. 4371, as amended. It explains the basis for our decision and describes its effect.

The Basis for Our Decision

By letter dated April 4, 2011, you petitioned the Federal Aviation Adm inistration (FAA) on behalf of the Department of the Air Force (USAF) for an extension of Exemption No. 4371, as amended. That exemption from §§ 91.177(a)(2) and 91.179(b)(1) of Title 14, Code of Federal Regulations (14 CFR) allows the USAF to conduct low-level operations without complying with en route minimum altitudes for flight under instrument flight rules (IFR) or direction of flight requirements for IFR en route segments in uncontrolled airspace.

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 exemption.

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

in the Federal Register because the requested extension of the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the USAF.

Our Decision

The FAA has determ ined that the justification for the issuance of Exemption No. 4371, as amended, remains valid with respect to this exemption and is in the public interest.2

Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I grant your petition, subject to the conditions and

limitations listed below.

Conditions and Limitations

1. Operations under this exemption must be conducted at an altitude of at least 250 feet (with Terrain Following/Terrain Avoidance (TF/TA) Radar Systems) above the highest obstacle along the route of flight or 500 feet (without TF/TA) above the highest obstacle within 3 nautical miles (nm) of the course to be flown over mountainous and other areas. Rotary wing aircraft may operate at an altitude of at least 100 feet (with TF/TA) above the highest obstacle along the route of flight.

2. Operations under this exemption must be conducted under the procedural requirements of a letter of agreement (LOA) between the wing originating the route and the air traffic control facility with jurisdiction over the airspace of the route segment for which this exemption is exercised.

3. Operations in Class G airspace may be conducted only if procedures have been established in an LOA that include the § 91.126(d), “Communications with Control Towers,” requirements.

4. The LOA must include at least the following information:

a. The route definition in geographical coordinates and the maximum route width;

b. The route alignment that avoids Class B airspace;

c. The route alignment that minimizes disturbance to persons and property on the ground;

d. Provisions for military aircraft to flight check approved routes to ensure compliance with all provisions;

e. The maximum altitudes for all route segments;

f. Radar flight following or position reporting procedures, as applicable;

g. Provisions for lost communications procedures; and

h. The procedures whereby aircraft that are unable to continue the mission under the authority of this exemption are able to comply with the route and altitude requirements of part 91.

5. Operations may not be conducted under the authority of this exemption until a Notice to Airmen (NOTAM) concerning the exempted activity has been in effect at least 6 hours. The NOTAM must be issued regardless of the actual or forecast weather3

conditions along the route segment for which this exemption is exercised. The NOTAM must include at least the following information:

a. The name of the city or town nearest the route segment and the State;

b. The date and time period of the planned activity;

c. The number and type of aircraft expected on the route;

d. The ingress and egress points of the route segment expressed in fix/radial/distance from a very high frequency omnidirectional range; and

e. The altitude at which the aircraft will be flown.

6. The maximum route length authorized under this exemption is 40 nm.

7. Any environmental assessments associated with operations conducted under this exemption are the responsibility of the USAF.

The Effect of Our Decision

Our decision extends the term ination date of Exemption No. 4371, as amended, to July 31, 2013 unless sooner superseded or rescinded.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards

Service