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 US AF 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.2

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.3

5. The LOA developed for the high-altitude ai rborne operations at and above 18,000 feet
MSL must include as a minimum:

a. A simply defined description of the ar ea 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