March 18, 2013 

 

 Exemption No. 9835B 

 Regulatory Docket No. FAA-2002-13066 

Mr. L.S. Dibble 

Director of Plans, Policy and Programs 

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 its effect, and lists the 

conditions and limitations. 

The Basis for Our Decision 

By letter dated January 23, 2013, you petitioned the Federal Aviation Administration (FAA) on 

behalf of the Department of the Army (Army) 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 night without the use of aircraft position lights. 

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 Army. 

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 9835, 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 Administrator has 

delegated to me, I grant your petition, subject to the following conditions and limitations. 

Conditions and Limitations 

1. This exemption is limited to night vision flight 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 lighted 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 speed 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 until 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 radius 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 appropriate 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 vision flight training are 

 operating, and suitable alternative measures for collision avoidance are instituted. 

6. The holder shall establish procedures for collision avoidance for its aircraft operating 

 pursuant to this exemption, 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 approved 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 flight 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 termination 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