AFS-13-016-E

December 10, 2012

 Exemption No. 5891I

 Regulatory Docket No. FAA-2001-9618

Lt. Col. Alex E. Krause

Department of the Air Force

HQ AFFSA/A3O

5901 Air Guard Drive

Oklahoma City, OK 73179

Dear Lt. Col. Kersey:

This letter is to inform you that we have granted your petition to extend Exemption No. 5891, 

as amended. It explains the basis for our decision and describes its effect.

The Basis for Our Decision

By letter dated October 16, 2012, you petitioned the Federal Aviation Administration (FAA) 

on behalf of the Department of the Air Force (USAF) for an extension of Exemption 

No. 5891, as amended. That exemption from § 91.209(a) and (b) of Title 14, Code of Federal 

Regulations (14 CFR) allows the USAF to conduct helicopter night vision flight training 

operations without lighted aircraft position lights at or below 500 feet above ground level 

(AGL).

In your petition, you requested that this exemption be extended for 3 years. The FAA finds 

that since this is a long standing exemption it will grant that request.

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.
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Our Decision

The FAA has determined the justification for the issuance of Exemption No. 5891, 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 conditions and limitations listed 

below.

Conditions and Limitations

1. This exemption is limited to night-vision flight training in USAF 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 alter course, as appropriate, to remain well clear of such traffic 

until it is no longer a factor.

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 5 nautical miles of any public use airport; 

d. Does not affect any Class D airspace area; and 
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e. Has been coordinated with the appropriate FAA regional Air Traffic Division 

and Flight Standards Division offices.

4. The petitioner shall advertise each approved training area to operators at all airports 

within 50 nautical miles of the area for 60 days preceding its initial use.

5. Ground (airport/staging area) operations in noncompliance within § 91.209(b) may be 

conducted at locations where only the petitioner’s aircraft are involved and suitable 

alternative measures for collision avoidance are instituted.

6. Each pilot who will conduct operations under this exemption must be thoroughly

familiar with its provisions.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 5891, as amended, to 

April 30, 2016 unless sooner superseded or rescinded. 

Sincerely,

/s/

Michael Zenkovich

Acting Deputy Director, Flight Standards Service