Mr. John M. Allen 

DEPARTMENT OFTHE NAVY 

HEADQUARTERS UNITED STATES MARINE CORPS 

701 SOUTH COURTHOUSE ROAD, SUITE 20050 

ARLINGTON, VA 22204 

Director, Flight Standards Service 

Federal Aviation Administration 

800 Independence Ave, SW 

Washington, D.C. 20591 

Dear Mr . Allen: 

3500 

SD 

September 15, 2014 

Subj: REQUEST FOR EXTENSION TO FAA EXEMPTION NO. 8028D 

Per the Code of Federal Regulations, a three year extension 

is requested with regard to FAA Exemption No. 8028D, which is set 

to terminate on April 30, 2015. The decision, conditions and 

limitations identified in the enclosure are germane with the 

assurance an equivalent level of safety is maintained. 

Conditions remain the same with respect to United States Marine 

Corps aviation's night vision device flight training operations 

as establ ished in the original petition for exemption from 14 CFR 

§ 91 . 2 0 9 ( a) ( 1 ) and ( 2 ) . 

Point of contact is Commander Leslie Kindling, Comm: 703-604-

4168, email: leslie.a.kindling@usmc.mil or Major Graham Sloan, 

Cornm : 703-604-4149, email: graharn.sloan@usmc.mil. 

Sincerely, 

~~ Colonel USMC 

Director, Safety Division 

Enclosure: 1. Federal Aviation Administration (FAA) Exemption 

No. 8028D, Regulatory Docket No. FAA-2002-14119 
U.S. Department 

of Transportation 

Federal Aviation 

Adminis1ration 

Colonel P.A. Fortunato 

Director, USMC Safety Division 

2 Navy Annex 

Washington, DC 203 80-177 5 

Dear Colonel Fortunato: 

Exemption No. 8028D 

800 Independence Ave .. S W 

Washington DC. 20591 

Regulatory Docket No. FAA-2002-14119 

This letter is to inform you that we have granted your petition to extend Exemption No. 8028, 

as amended. It explains the basis for our decision, describes its effect, and lists the conditions 

and limitations. 

The Basis for Our Decision 

By letter dated September 15, 2011, you petitioned the Federal Aviation Administration 

(FAA) on behalf ofDepru1ment of the Navy (DON) for an extension of Exemption No. 8028, 

as amended. That exemption from§ 91.209(a)(l) and (2) ofTitle 14, Code of Federal 

Regulations allows the DON to conduct U.S. Marine Corps (USMC) rotorcraft, which include 

rotary-wing and tilt rotor aircraft, night-vision device flight training operations without lighted 

position lights. In addition, you requested a 3-year extension period. 

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 DON. 

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 8028, as 

amended, remains valid with respect to this exemption and is in the public interest. Under the 

AFS-12-005-E 

ENCLOSURE< l > 
authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has 

delegated to me, I hereby grant the Department of the Navy an exemption from 

14 CFR § 91.209(a)(l) and (2) to the extent necessary to allow the DON to conduct USMC 

aircraft night-vision device flight training operations without lighted position Jights, subject to 

the conditions and limitations below. 

Conditions and Limitations 

1. This exemption is limited to night-vision device flight training in USMC aircraft. 

2. The USMC must conduct its airborne training operationsa. In a flight of two or more aircraft with a dedicated observer on duty aboard each 

aircraft, the flight must be conducted in a manner that enables the observers 

collectively to survey fully about the entire flight for nonparticipating aircraft; or 

b. While escorted by a properly lighted aircraft serving as an observation platfonn 

dedicated to surveillance for nonparticipating traffic. 

3. The observers must provide the training flight with timely traffic notifications that relate 

the position and speed of the observed nonparticipating traffic. 

4. When nonparticipating traffic is relevant, the pilot of each aircraft must light its position 

lights and keep them lighted until the traffic is no longer a factor. 

5. The USMC must conduct its airborne training operations at or below 500 feet above the 

surface and must contain the operations within a prescribed and publicized area thata. Is simply defined (for example, the radius area of a point or location); 

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

c. Is not within 4 nautical miles of any public use airport; 

d. Does not infringe upon FAA-designated airspace areas; and 

e. Has been coordinated with the appropriate FAA regional Air Traffic Division and 

Flight Standards Division offices. 

6. During training in an urban environment that may require an altitude greater than 

500 feet above the surface, the USMC must coordinate further with the appropriate 

FAA regional Air Traffic Division and Flight Standards Division offices. 

2 

ENCLOSURE<l > 
7. The USMC may conduct ground operations in noncompliance with § 91.209(a)(2) at an 

airport or staging area where only USMC aircraft are involved and suitable alternative 

measures for collision avoidance are instituted. 

8. Each pilot who participates in operations under this exemption must be thoroughly 

familiar with its provisions. 

9. The USMC must disclose each approved training area to operators at all airports within 

50 nautical miles of the area for 60 days before the area's initial use. 

10. 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. 8028, as amended, to 

April30, 2015, unless sooner superseded or rescinded. This letter must be attached to, and is 

a part of, Exemption No. 8028. 

Sincerely, 

/J~'-'M~ .Z: ~v. McGra\'1 

Acting Director, Flight Standards 

Service 

3 

ENCLOSURE< t>