AFS-13-214-E

April 19, 2013

 Exemption No. 4371M

 Regulatory Docket No. FAA-2000-8093

Lt. Colonel William D. Hart

HQ AFFSA/A3OF

5901 Air Guard Dr.

Bldg. 1001, Box 34

Oklahoma City, OK 73179

Dear Lt. Col. Hart:

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, describes its effect, and lists the conditions 

and limitations.

The Basis for Our Decision

By letter dated February 6, 2013, you petitioned the Federal Aviation Administration (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.
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Our Decision

The FAA has determined 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. 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.
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5. The holder shall provide notice through the use of Notice to Airmen (NOTAMs) 

disseminated at least 6 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 airdrop 

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.

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 termination date of Exemption No. 4371, as amended, to 

July 31, 2016 unless sooner superseded or rescinded. 

Sincerely,

/s/

John M. Allen

Director, Flight Standards Service