AJV-1700001-E

November 16, 2016

 Exemption No. 16614A

 Regulatory Docket No. FAA-2015-7520

 

Mr. Edward Chupein

Department of the Airforce

Deputy Chief, Operational Training Division

1480 AF Pentagon (5D756)

Washington, DC 20330-1480 

Dear Mr. Chupein:

This letter is to inform you that we have granted your petition to extend Exemption 

No. 16614, as amended. It explains the basis for our decision, describes its effect, and lists 

the conditions and limitations.

The Basis for Our Decision

In regards to the submission posted to the docket on September 23, 2016, you petitioned the 

Federal Aviation Administration (FAA) on behalf of Department of the Air Force, for an 

extension of Exemption No. 16614, as amended. That exemption from § 73.19(a) and (b) of 

Title 14, Code of Federal Regulations (14 CFR) allows the Department of the Air Force relief 

from the requirement to submit an annual report to the FAA on the use of each restricted area 

during the preceding 12-month period, for an additional year, fiscal year 2017. 

In your petition, you have indicated 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 
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precedent, and any delay in acting on this petition would be detrimental to Department of the 

Air Force.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 16614, 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, Department of the Air Force is granted an extension to 

Exemption No. 16614 that allows Department of the Air Force to have relief from the 

requirement to submit an annual report to the FAA on the use of each restricted area during 

the preceding 12-month period, for fiscal year 2017. 

Conditions and Limitations

1. The petitioner shall prepare a report, for each fiscal year, on the planned use of each 

restricted area for the preceding 12-month period ending 30 September, and transmit it 

to the office of the service area director having jurisdiction over the airspace being 

reported. Information required in the report: 

a. A statement that all restricted areas are planned to be utilized in accordance 

with the purpose for which they were established, as defined in the 

corresponding final rule that established each restricted area, and in accordance 

with the legal description defined in FAA JO 7400.8, Special Use Airspace; 

b. As an attachment, a comprehensive list of all restricted areas (by number) to 

which this exemption applies; and 

c. The applicable reporting period (e.g., FY 2015, FY 2016). 

2. An informational copy of the report will be sent to the Director of Mission Support, 

Airspace Services, Federal Aviation Administration, 800 Independence Avenue, SW., 

Washington, DC 20591.

3. The USAF must furnish restricted area utilization reports for specific locations, on a 

case-by-case basis, when requested by the FAA. When requested, the reports will 

conform to the requirements set forth in 14 CFR § 73.19 and FAA JO 7400.2, Chapter 

21, Section 7. 
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The Effect of Our Decision

Our decision extends the termination date of Exemption No. 16614, as amended, to 

March 31, 2018, unless sooner superseded or rescinded. 

Sincerely,

/s/

Gary A. Norek 

Director, Airspace Services