AFS-10-380-E 

Sep 30 2010 

 Exemption No. 7687E 

 Regulatory Docket No. FAA-2001-9501 

Lt. Col. Timothy M. Kersey 

Department of the Air Force 

HQ AFFSA/A3OF 

6500 South MacArthur (AJW31AF) 

Oklahoma City, OK 73169 

Dear Colonel Kersey: 

This letter is to inform you that we have amended Exemption No. 7687, as amended. It 

explains the basis for our decision, describes its effect, and lists the revised conditions and 

limitations. 

The Basis for Our Decision 

By letter dated August 18, 2010, you petitioned the Federal Aviation Administration (FAA) 

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

Exemption No. 7687, as amended. That exemption from § 91.209(a)(1) and (b) of Title 14, 

Code of Federal Regulations allows the USAF to conduct night-vision goggle (NVG) flight 

training operations at and above 18,000 feet mean sea level (MSL) in various aircraft without 

lighted 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 USAF. 
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Additionally, the FAA has removed the Notice to Airmen (NOTAM) requirement of the 

original exemption based on the operational experience gained during its original application. 

The FAA finds that USAF would maintain a level of safety equivalent to the current 

regulation on the basis that: 

1. Aircraft operations in Class A airspace are required to operate under instrument flight 

rules; 

2. All operations in the air traffic control assigned airspace (ATCAA) are under positive 

control; 

3. All aircraft operations in the ATCAA are required to meet § 91.215, air traffic control 

(ATC) transponder and altitude reporting equipment and uses; 

4. All operations maintain two-way radio contact with ATC; 

5. The current NOTAM system does not allow the capability to disseminate NOTAMs 

for ATCAAs. As ATCAAs are not charted, nonparticipating aircraft would not be 

knowledgeable of the location of the ATCAAs; and 

6. USAF will notify the appropriate Air Route Traffic Control Center (ARTCC) of its 

intent to conduct lights-out operations in the ATCAA. Procedures will be included in 

a letter of procedure or as agreed upon by both the USAF and ARTCC. 

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 7687, 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 below. 

Conditions and Limitations 

1. This exemption is limited to NVG flight training in USAF aircraft and to other 

military services aircraft participating in approved joint air operations. 

2. Aircrews performing lights-out training under this exemption must alter course, as 

appropriate, and remain well clear of nonparticipant traffic until such traffic is no 

longer a factor. 

3. Lights-out training operations must be conducted at and above 18,000 feet MSL 

(flight level 180), and remain in Class A airspace. 

4. Procedures for lights-out training operations conducted under this exemption must be 

contained within a Letter of Agreement (LOA) between the USAF units performing 

the training and the ATC facility responsible for the airspace in which the lights-out 

training operations are to be conducted. 
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5. The LOA developed for the high-altitude airborne operations at and above 18,000 feet 

MSL must include as a minimum: 

a. A simply defined description of the area in which lights-out training operations 

are to be conducted. For example, define operational radius from a point or a 

named area or location or defined geographical boundaries. 

b. Procedures for the immediate termination of lights-out operations in the event 

of: 

i. Conflicting traffic; 

ii. A participating lights-out aircraft spills out of the designated airspace; 

iii. Loss of communications (i.e., aircraft or ATC control facility radio 

equipment outage); and 

iv. Loss of positive control (lost radar contact because of aircraft or ATC 

facility equipment outage). 

c. The type of aircraft and/or USAF unit to be conducting lights-out training 

operations. 

6. Each pilot who participates in operations conducted under this exemption must be 

thoroughly familiar with its provisions. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 7687, as amended, to 

November 30, 2012, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service