AFS-16-4359-E March 24, 2016

Exemption No. 5891J Regulatory Docket No. FAA-2001-9618

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

Dear Major Krebs:

This letter is to inform you that we have granted your petition to extend Exemption No. 5891, as amended. It transmits our decision, explai ns its basis, and give s you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated November 4, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of the Department of the Air Fo rce (USAF) for an extension of Exemption No. 5891, as amended. That exemption from § 9 1.209(a) and (b) of Title 14, Code of Federal Regulations (14 CFR) allows the USAF to c onduct helicopter night vi sion flight training operations without lighted airc raft position lights at or below 500 feet above ground level (AGL).

In your petition, you requested that this exempti on be extended for 3 years. The FAA finds that since this is a long standing exemption it will grant that request.

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.2

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 detr imental to the USAF.

Our Decision

The FAA has determined that the justificati on for the issuance of Exemption No. 5891, 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. 106(f), 40113 and 44701, which the FAA Administrator has delegated to me, I grant the Department of the Air Foce (USAF) an exemption from 14 CFR § 91.209 (a) and (b) to conduc t helicopter night vi sion flight training operations without lighted airc raft position lights at or below 500 feet above ground level (AGL), subject to the conditions and limitations listed below.

Conditions and Limitations

1. This exemption is limited to night-visi on flight training in USAF helicopters.

2. Safety Observers.

a. An airborne training operation:

1) may be conducted in a flight of two or more helicopters with a dedicated observer on duty aboard ea ch helicopter. The flight shall be

conducted in such a manner as to en able the observers collectively to survey fully about the entire flight for nonparticipati ng aircraft; or

2) shall be escorted by a properly lighted aircraft serving as an observation platform dedicated to surveillance for nonparticipating

aircraft.

b. Traffic notifications from the observer to the training flight shall be timely commensurate with the position and sp eed of the observe d nonparticipating

traffic.

c. When nonparticipating traffic is releva nt, the pilot of each training flight aircraft shall alter course, as appropriate , to remain well clear of such traffic until it is no longer a factor.

3. Unlit airborne operations may not be conduc ted above 500 feet above the surface and must be contained within a pres cribed and publicized area that:

a. Is simply defined, e.g., the radius area of a point or location;

b. Is established in an area of low traffic density;3

c. Is not within 5 nau tical miles of any public use airport;

d. Does not affect any Clas s D airspace area; and

e. Has been coordinated with the approp riate FAA regional Service Centers and Flight Standards Division offices.

4. The petitioner shall advertise each approved tr aining area to operators at all airports

within 50 nautical miles of the area for 60 days preceding its initial use.

5. Ground (airport/staging area) ope rations in noncompliance within § 91.209(b) may be conducted at locations where only the petiti oner’s aircraft are involved and suitable

alternative measures for collis ion avoidance are instituted.

6. Each pilot who will conduct operations under this exemption must be thoroughly familiar with its provisions.

The Effect of Our Decision

Our decision extends the termina tion date of Exemption No. 5891, as amended, to April 30, 2019 unless sooner superseded or rescinded.

Sincerely,

//s//

John Barbagallo Deputy Director, Flight Standards Service