AFS

- 14

- 022

- E January 1 5 , 2014

Exemption No. 10487 A Regulatory Docket No. FAA

- 2001

- 10356

Mr. Laurence S. Dibble Director of Plans, Policy and Programs

U

. S

. Army Aeronautical Services Agency 9325 Gunston Road, Suite N319

Fort Belv oir, VA 22060

Dear Mr. Dibble :

This letter is to inform you that we have granted your petition to extend Exemption

No. 10487. It explains the basis for our decision, describes its effect, and lists the conditions

and limitations.

The Basis for our Dec ision

By letter s dated October 31, 2013 and December 12, 2013

, you petitioned the Federal Aviation Administration (FAA) on behalf of the United States Army Special Operations Command (USASOC) for an extension of Exemption No. 10010

. That exemption from §§ 91.177(a)(2) and 91.179(b)(1) of Title 14, Code of Federal Regulations (14 CFR) allows properly equipped USASOC aircraft to conduct low

- level operations without complying with

en route minimum altitudes for flight s under instrument flight rules (IFR) or d irection of flight requirements for IFR en route segment s in uncontrollable 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 exemption would not set a precedent, and any delay in acting on this petition would be detrimental to USASOC

.2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 10487 remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. §§ 106(f), 401 13 and 44701, which the FAA Administrator has delegated to me, the United States Army Special Operations Command is granted an extension to its exemption from §§ 91.177(a)(2) and 91.179(b)(1) to the extent
necessary to allow properly equipped USASOC aircra ft to conduct low

- level operations without complying with en route minimum altitudes for flight s under IFR or direction of flight requirements for IFR en route segment s in uncontrollable airspace, subject to the following conditions and limitations:

Condi tions 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) ) or 500 feet above the highest obstacle (without TF/TA) within 3 nautical miles (nm) of the course to be flown over

mount ainous and other areas. Rotary wing aircraft may operate at an altitude of at least 100 feet (with TF/TA) above all obstacles with in 3 nm of the course to be flown.

2. Operations in Class G airspace may only be conducted if proced ures have been

established in a letter of agreement ( LOA ) that include s the communications with

c ontrol tower r equirements of § 91.126(d).

3. Operations under this exemption shall be conducted under the procedural requirements of an LOA between the unit originatin g the route and the air traffic

control facility having jurisdiction over the airspace.

4. Operations may not be conducted until a notice to airmen ( NOTAM ) concerning the exempted activity has been in effect at least 6 hours. Such NOTAM shall be issued

regar dless of the actual or forecast weather conditions along the route segment for which this exemption is exercised and shall include at a minimum:

a. the name of the nearest city or town and the state;

b. the date and time period of the planned activity;

c. the numbe r and type of aircraft expected on the route;

d. the ingress and egress points of the route segment expressed in fix/radial/distance from a very high frequency omnidirectional range (VOR);

and

e. the altitude to be flown.

5. Letters of agreement must include, as a minimum, all of the following:

a. Route definition in geographical coor dinates and maximum route width;

b. Route alignment which avoids Class B airspace ;3

c. Route alignment which minimizes disturbances to persons and property on th e ground;

d. Provisions for military aircraft to flight check approved routes to ensure compliance with all provisions;

e. Maximize altitudes for all route segments ;

f. Radar flight following or position reporting procedures, as appropriate ;

g. Provisions for lost communications procedures ; and

h. Proce dures whereby aircraft unable to continue the mission under this exemption can comply with the route and altitude requirements of part 91.

6. The maximum route length authorized under this exemption is 40 nm.

7. Environmental assessments associated with operatio ns conducted under this exemption will be the responsibility of USASOC.

This exemption terminates on February 28 , 201 6

, unless sooner superseded or rescinded

.

Sincerely,

/s/

Dennis E. Roberts Director, Airs pace Services