AFS
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December 10, 2012 Exemption No. 5891 I Regulatory

Docket No. FAA
- 2001
- 9618

Lt . Col. Alex E. Krause Department of the Air Force HQ AFFSA/A3O 5901 Air Guard Driv e Oklahoma City , OK 731 7 9 Dear Lt . Col. Kersey : This letter is to inform y ou that we have granted y our petition to extend Exemption No. 5891, as amended . I t explains the basis for our decision and describes its effect. **The Basis for Our Decision** By let ter dated October 16, 2012 , y ou 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 Feder al 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). Iny our petition, y ou requested that this exemption be extended f or 3 y ears. The FAA finds that since this is a long standing exemption it will grant that request. Iny our petition, y ou indicate that there has been no change in the conditions and reasons relative to public interest and safety that were the basis for g ranting 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 reques ted extension of the exemption would not set a precedent, and any

delay in acting on this petition would be detrimental to the USAF
.2

**Our Decision** The FAA has determined the justification for th e issuance of Exemption No. 5891, as amended, remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provide d by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegat ed to me, Igrant y our petition, subject to the conditions and limitations listed below. **Conditions and Limitations** 1. This exemption is limited to night
- vision flight training i n USAF helicopters. 2. Safety Observers.
a. An airborne training operation: 1) m ay 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 obser vers collectively

to survey fully about the entire flight for nonparticipating aircraft; or 2) s hall 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 appro priate, 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; and3

e. Has been coordinated with the appropriate FAA regional Air Traf fic 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 day s preceding its initial use. 5. Ground (airport/staging area) operatio ns 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 mu st be thoroughly familiar with its provisions. **The Effect of Our Decision** Our decision extends the termin ation date of Exemption No. 5891, as amended, to April 30, 201 6 unless sooner superseded or rescinded. Sincerely , /s/ Michael Zenkovich Acting Deputy

Director, Flight Standards Service