AFS-15-3189-E November 13, 2015

Exemption No. 7687H Regulatory Docket No. FAA-2001-9501

Maj. Andrew B. Krebs Department of the Air Force HQ AFFSA/XOF 6500 South MacArthur Blvd, Building 4 Oklahoma City, OK 73169-6918

Dear Maj. Krebs:

This letter is to inform you that we have granted your petition to extend Exemption No. 7687, as amended. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated July 16, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of United States Department of the Ai r Force (USAF) for an extension to 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 c onduct 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 indicated 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 granted the petition for extension (Exemption No. 7687G) by letter dated May 2, 2013.

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

Our Decision

Under the authority contained in 49 U.S.C. 106(f), 40113, and 44701, which the FAA Administrator has delegated to me, I hereby grant the United States Department of the Air Force (USAF) the requested extension of exemption from § 91.209(a)(1) and (b) to the extent necessary to allow 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, 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 Air Traffic Control (ATC) facility responsible for the airspace in which the lights-out training operations are to be conducted.

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, defined 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);

iv. Loss of positive control (lost radar contact because of aircraft or ATC facility equipment outage); and

v. For formation flights: exceeding the limits of a standard formation (as defined in the FAA Pilot/Controller Glossary), except operations conducted in accordance with an approved LOA with the ATC facility responsible for the airspace in which the operations will be conducted.3

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.

7. This exemption is not valid for formation flights when operating in a nonstandard formation, unless conducted in accordance with an approved LOA.

8. This exemption is not valid for operations outside of the United States.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 7687, as amended, to November 30, 2018, unless sooner superseded or rescinded.

Sincerely,

//s//

John Barbagallo Deputy Director, Flight Standards Service