### 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 09 (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-2002-14119U.S.Department ofTransportation Federal Aviation Adminis1ration

Colonel P.A. Fortunato Director, USMC Safety Division 2 Navy Annex Washington, DC 20380
- 1775 Dear Colonel Fortunato: Exemption No. 8028D 800 Independence Ave
.. SW Washington DC
. 2059 1

Regulatory Docket No. FAA-2002
- 14119

This letter is to inform you that we have granted your petitionto extend ExemptionNo. 8028, as amended. 

### It explains the basis for ourdecision, 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 behalfofDepru1ment ofthe Navy (DON) for anextension ofExemption No. 8028, as amended. That exemption from§ 91.209(a)(l) and (2) ofTitle 14, Code ofFederal 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 extensionperiod. 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 gran ting the original exemption. The FAA has determined that good cause exists for notpublishing a summary ofthe petition inthe Federal Register because the requested extension ofthe exemption would not set a precedent, and any delay in acting on this petition would be detrimental to DON. 

### OurDecision The FAA has determined 

### that thejustification for the issuance ofExemptionNo. 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 grantthe Department ofthe Navy an exemption from 14 CFR 

### § 91.209(a)(l) and (2)tothe extent necessary to allow the DON to conduct USMC aircraft night-vision device flight training operations without lighted positionJights, subject to the conditions and limitations below. Conditions and Limitations 1 . This exemption is limitedto night-vision device flight training in USMC aircraft. 2. The USMC must conduct its airborne training operations
a. 

### In a flight oftwo or more aircraft with a dedicated observer on duty aboard each aircraft, the flight mustbeconducted 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 thetraining flight with timely traffic notifications that relate the position and speed ofthe observed nonparticipating traffic. 4. When nonparticipating traffic is relevant, the pilot ofeach aircraft must light its position lights and keep them 

### lighted until thetraffic 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 areathata. Is simply defined (for example, the radius area ofa point or location); b. Is established in an area oflow traffic density;
c. Is not within 4 nautical miles ofany 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 environmentthat 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 onlyUSMC aircraft are involved and suitable alternative measures for collision avoidance are instituted. 8. Each pilot who participates 

### inoperations under this exemption must be thoroughly familiar with its provisions. 9. The USMC must disclose each approved training areato operators at all airports within 50 nautical miles ofthe areafor 60 days before the area's initial use. 10. This exemption is not valid for operations outside ofthe United States. 

### The Effect ofOurDecision Our decision extends the termination date ofExemption No. 8028, as amended, to April30, 2015, unless sooner superseded orrescinded. This letter must be attached to, and is a partof, Exemption No. 8028. Sincerely,



# /J~'-'M~ 

# .Z:

**~v.** McGra\'1 Acting Director, Flight Standards

Service 

### 3



### ENCLOSURE< 

### t>