AFS

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- E April 30, 2015

Exemption No. 8028 E Regulatory Docket No. FAA

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- 14119

Colonel R. J. Gomez Director, USMC Safety Division 2 Navy Annex Washington, DC 20380

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Dear Colonel Gomez :

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 new and

amended conditions and limitations.

T he Basis for Our Decision

By letter dated September 15, 2014 , you petitioned the Federal Aviation Administration (FAA) on behalf of Department of the Navy (DON) for an extension of Exemption No. 8028, as amended. That exemption from § § 91.209(a)(1) and ( 2) of Title 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 goggle (NVG) 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 t hat 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.

The FAA also finds that DON use of NVGs can provide an added level of safety because of the user’s ability to detect conventional lighting at extended distances. The FAA believes, that despite this increased visibility during hours of darkness, NVGs effectively limit the

u ser’s peripheral vision and that using the NVG system during maneuvering may limit the user’s vision to only the target or object in view.2

The FAA believes that this reduced field of view during the use of NVGs may lead to a lack

of see

- and

- avoid capabi lity. Therefore, the FAA finds that it is imperative that flightcrews using NVGs operate in monitored airspace or, when not operating in monitored airspace, operate in airspace within a prescribed area that is identified in a Notice to Airmen (NOTAM)

that must be issued at least 48 hours before the lights

- out operations are to begin. The NOTAM must be made available to the civil aviation community and must be capable of being disseminated among civil users of the National Airspace System. The FAA also fi nds that persons monitoring flight operations activity must make pilots of participating aircraft aware of the presence of nonparticipating traffic. The monitoring of flight operations may be performed by military personnel not participating in NVG traini ng activities (i.e., air traffic controllers, military radar unit personnel, airborne radar unit personnel, or pilots of nonparticipating aircraft observing the NVG training).

Therefore, the FAA has added and amended multiple condition s and limitation s to ( 1) maintain an acceptable level of safety while operating under this exemption and (2) align the conditions and limitations with other petitioners similarly situated. When compared to exemption number 8028D, this exemption adds conditions and limitation s numbers 5 and 11; and amends the language of conditions and limitations numbered 4, 6.d, 6.e. and 7. It is important that all persons involved with the exercise of this exemption be familiar with the changes that have been incorporated in this revision.

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 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)(1) and (2) to the extent necessary to allow the DON to conduct USMC aircraft night

- vision goggle flight training operations utilizin g rotary

- wing and tilt rotor

aircraft w ithout lighted position lights, subject to the conditions and limitations below.

Conditions and Limitations

1. Operations conducted under this exemption are limited to NVG flight training in USMC

aircraft.

2. The USMC mu st conduct its airborne training operations

—

a. 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 enti re flight for nonparticipating aircraft; or

b. While escorted by a properly lighted aircraft serving as an observation platform dedicated to surveillance for nonparticipating traffic.3

3. The observers must provide the training flight with timely tr affic notifications that relate the position and speed of the observed nonparticipating traffic.

4. When nonparticipating traffic is determined to pose a threat of conflict or collision risk, all participating aircraft will immediately suspend their operatio ns, return to normal lighting conditions, and alter course as necessary to ensure the safety of the nonparticipating aircraft.

5. All NVG flight training operations conducted under this exemption must be contained within a prescribed area that is identified in a Notice to Airmen (NOTAM) that must be issued at least 48 hours before the lights

- out operations are to begin. In other words, no person may operate an aircraft under this exemption unless a NOTAM concerning the lights

- out operation was issued at lea st 48 hours before the lights

- out operation. The NOTAM must be made available to the civil aviation community and must be capable of being disseminated among civil users of the National Airspa ce System.

6. The USMC must conduct its airborne training operatio ns at or below 500 feet above the

surface and must contain the operations within a prescribed and publicized area that

—

a. Is simply defined (for example, the radi us area of a point or location);

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

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

d. Has been coordinated with the appropriate FAA Service Center Operations Support Group (OSG) and Flight Standards District O ffice.

e. Has been coordinated with the appropriate geographically responsible FAA air traffic control (ATC) facility

.

7. 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 Service Center OSG

, Flight Standards District O ff ice , and geographically responsible FAA air traffic control (ATC) facility.

8. 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.

9. Each pilot who participates in operations conducted under this exemption must be thoroughly familiar with its provisions.4

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

50 na utical miles of the area for 60 days before the area’s initial use.

11. Failure to comply with all of the provisions of this grant of exemption may result in a revocation or cancellation of this grant of exemption

.

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

The Effect of Our Decision

Our decision extends the termina tion date of Exemption No. 8028, as amend ed, to April 30, 201 8

, unless s ooner superseded or rescinded. This letter must be attached to, and is a part of, Exemption No. 8028

.

Sincerely,

//s// John Barbagallo Deputy Director, Flight Standards Service