AFS-12-113-E

May 2, 2013

 Exemption No. 7687G

 Regulatory Docket No. FAA-2001-9501

Maj. Kendall D. Gillespie

Department of the Air Force

HQ AFFSA/A3OF

6500 South MacArthur (AJW31AF)

Oklahoma City, OK 73169

Dear Maj. Gillespie:

This letter is to inform you that we have granted your petition to amend Exemption No. 7687. 

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 November 27, 2012, you petitioned the Federal Aviation Administration 

(FAA) on behalf of United States Department of the Air Force (USAF) for an amendment to

Exemption No. 7687. 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 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. 7687F) by letter dated October 12, 2012.

Major Alex Krause, USAF, Chief, Flight Standards Division, stated that the limitation 

prohibiting lights-out operations when formation flights exceed “the limits of a standard 

formation” makes Exemption No. 7687F unusable for USAF operations. The FAA agrees and 

has amended the conditions and limitations, as requested. 
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The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested amendment of the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to USAF.

Our Decision

The FAA has revised Condition No. 5 and added Condition Nos. 7 and 8. The revised 

conditions and limitations address use of this exemption during formation flights, which was

not considered during your original petition. These revisions are necessary to ensure that 

separation from non-participating aircraft is maintained during NVG training operations. 

Additionally, a limitation was added because there was no request of relief to operate under 

this exemption outside of the United States. 

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 (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 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, 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;
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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.

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 amends the condititions and limitations of Exemption No. 7687. The 

termination date of November 30, 2015, remains unless sooner superseded or rescinded. 

Sincerely,

/s/

John S. Duncan

Deputy Director, Flight Standards

 Service