March 18, 2013

Exemption No. 9835B Regulatory Docket No. FAA-2002-13066

Mr. L.S. Dibble Director of Plans, Policy and Program s Department of Army 9325 Gunston Road, Suite N319 Fort Belvoir, VA 22060-5582

Dear Mr. Dibble:

This letter is to inform you that we have granted your petition to extend Exemption No. 9835, as amended. It explains the basis for our decision, describes it s effect, and lists the

conditions and limitations.

The Basis for Our Decision

By letter dated January 23, 2013, you petitioned the Federal Aviation Adm inistration (FAA) on behalf of the Department of the Army (Arm y) for an extension of Exemption No. 9835, as amended. That exemption from § 91.209(a)(1) and (2) of Title 14, Code of Federal Regulations (14 CFR) allows the Army to operate at nigh t without the use of aircraft position lights.

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

The FAA has determined that good cause exists fo r 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 Army.

Our Decision

The FAA ha s determined that the justificati on for the issuance of Exemption No. 9835, as amended, remains valid with respect to this exemp tion and is in the public interest. 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, subjec t to the following conditions and limitations.

Conditions and Limitations

1. This exemption is limited to night vision fl ight training in Army tactical helicopters.

2. Safety Observers.

a. An airborne training operation --

(1) may be conducted in a flight of two or more helicopters with a dedicated observer on duty aboard each helicopter. The flight shall be conducted in

such a manner as to enable the observers collectively to survey fully about the entire flight for nonparticipating aircraft; or

(2) shall be escorted by a properly light ed aircraft serving as an observation platform dedicated to surveillance for nonparticipating aircraft.

b. Traffic notifications from the observer to the training flight shall be timely commensurate with the position and sp eed of the observed nonparticipating traffic.

c. When nonparticipating traffic is relevant, the pilot of each training flight aircraft shall light that aircraft's position lights and keep them lighted unt il the traffic is no longer relevant.

3. Airborne operations may not be conducted above 500 feet above the surface and must be contained within a prescribed and publicized area that --

a. is simply defined, e.g., the ra dius area of a point or location; b. is established in an area of low traffic density; c. is not within 4 nautical miles of any public use airport; d. does not infringe upon FAA- designated airspace areas; and e. has been coordinated with the appropr iate FAA region's Air Traffic Division and Flight Standards Division offices.

4. Notwithstanding paragraph 3 above, each operation must be conducted in accordance with 14 CFR § 91.119, Minimum safe altitudes: General.

5. Ground (airport/staging area ) operations under this exemption may be conducted at locations where only the holder's aircraft involved in night visi on flight training are operating, and suitable alternative m easures for collision avoidance are instituted.

6. The holder shall establish pr ocedures for collision avoidan ce for its aircraft operating pursuant to this exemp tion, including observer aircraft.

7. Each pilot who will conduct operations under this exemption must be thoroughly familiar with its provisions.8. The holder shall advertise all currently appr oved training areas, and any subsequently approved training areas, to operators at all airports within 50 miles of the area for 60 days preceding their initial use.

9. The holder shall provide notice through the use of Notice to Airmen (NOTAMs)/Special

Notices disseminated at least 72 hours in advance of scheduled exercises. The training airspace will be identified by name (if applicable) or by latitude/longitude. The NOTAMs will advise that, during the course of fli ght planning, potential users of the operational area will be provided with information on the time and place of the proposed lights-out 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.

The Effect of Our Decision

Our decision extends the term ination date of Exemption No. 9835, as amended, to March 31, 2016, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Deputy Director, Flight Standards

Service