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 3 4

Oklaho ma City, OK 7317 9

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) a nd 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 e n 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 t hat 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 detr imental to the USAF.2

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 provide d by 49 U.S.C. 40113 and 44701, which the F AA Administrator has delegat ed 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 aircr aft 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 ori ginating 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 ai rspace;

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 fli ght 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 rout e and altitude requirements of part 91.3

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 la titude/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 th e 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 u nder this exemption are the responsibility of the USAF.

The Effect of Our Decision

Our decision extends the termina tion 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