July 11, 2013

 Exemption No. 7960F

 Regulatory Docket No. FAA-2001-10191

Major Alex E. Krause, USAF

Chief, Flight Directives Division

Department of the Air Force (HQ AFFSA/A30)

6500 South MacArthur (AJW31AF)

Oklahoma City, OK 73169

Dear Major Krause:

This letter is to inform you that we have granted your petition to amend Exemption No. 7960. 

In addition, the FAA is extending the petition as indicated on page 2 “Our Decision.” It explains

the basis for our decision, describes its effect, and lists the conditions and limitations.

The Basis for Our Decision

By letter dated June 10, 2013, you petitioned the Federal Aviation Administration (FAA) on 

behalf of the United States Air Force (USAF) for an amendment to Exemption No. 7960, as 

amended. That exemption from § 91.209(a)(1) and (b) of Title 14, Code of Federal Regulations

(14 CFR) allows USAF and the aircrew from other participating services, when conducting

approved joint air operations, to conduct night vision goggle (NVG) lights-out training in certain 

military operations areas (MOA). The amendments you request would amend the requested list 

of MOAs to include Viper and White Elk.

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 amendment to the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to the USAF.
The FAA also finds that the USAF’s 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, 

however, that despite this increased visibility during hours of darkness, NVGs effectively limit 

the user’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. 

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

see-and-avoid capability. Therefore, the FAA finds that it is imperative that flightcrews using 

NVGs operate in monitored airspace. The FAA also finds 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 training activities (i.e., air traffic controllers, military radar 

unit personnel, airborne radar unit personnel, or pilots of nonparticipating aircraft observing the 

NVG training).

Our Decision

Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA 

Administrator has delegated to me, I hereby grant the United States Air Force and the aircrew 

from other participating services, when conducting approved joint air operations, an

exemption from 14 CFR § 91.209(a)(1) and (b) to the extent necessary to conduct NVG

lights-out training in certain MOAs subject to the conditions and limitations described below. 

Additionally, the FAA has granted an additional one year extension of Exemption No. 7960, as 

amended.

Conditions and Limitations

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

specific MOAs listed in the enclosure to this exemption and in accordance with their 

times of use descriptions.

2. Operations conducted in selected MOAs must be continuously monitored by military 

personnel to detect all nonparticipating aircraft. The monitoring must be accomplished 

by radar capable of detecting nonparticipating aircraft, including those that may not be 

transponder-equipped and/or have a small radar cross-section, in the active volume of 

operational airspace.

3. Military personnel will immediately advise all participants when a nonparticipating 

aircraft has entered the active volume of operational airspace. Participating aircraft will 

maintain a continuous listening watch on a designated frequency during lights-out 

operations. If a nonparticipating aircraft is determined to pose a threat of conflict or 

collision risk, all participating aircraft will immediately restrict their operations, return to 

normal lighting conditions, and alter course as necessary to ensure the safety of the 

nonparticipating aircraft.
4. All NVG flight training operations conducted under this exemption must be contained 

within a prescribed and publicized area that––

a. Is identified by name 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 least 48 hours before the lights-out operation. 

The NOTAM will advise that, during the course of flight planning, potential users 

of the MOA will be provided with information on the time and place of the 

proposed lights-out operations. 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;

b. Has been coordinated with the appropriate geographically responsible FAA air 

traffic control (ATC) facility; and

c. Has the capability of being monitored for nonparticipating traffic.

5. The USAF must––

a. Establish a procedure to provide informational briefings to local flying 

organizations, businesses, and other civilian users within 100 nautical miles of 

the MOA airspace. These briefings must be provided on an annual basis 

and must be coordinated with the manager of the geographically responsible 

Flight Standards District Office. The intent of the informational briefings shall be 

to increase their awareness of lights-out operations and facilitate effective 

communications between the USAF and the civilian users of the MOA 

airspace;

b. Develop procedures to provide advisories to transient operators of the MOAs to 

notify them that selected MOAs are in use for lights-out operations. The use of 

the Automatic Terminal Information Service may be sufficient only if such 

transmissions can reach all air traffic operating within the selected MOA. Some 

notifications may be made through the use of NOTAM/special notices 

disseminated at least 48 hours in advance of scheduled exercises. Other 

procedures may be applicable based on the location of the MOA and proximity to 

airports, FAA facilities, and potential aircraft and operators; and

c. Develop a letter of agreement (LOA) for lights-out operations in MOAs. The 

LOA must be coordinated with and agreed to by the FAA ATC facility that has 

geographic responsibility for the airspace to be used and must include––

i. Procedures for the immediate termination of lights-out operations in the 

event of conflicting, nonparticipating traffic;

ii. Procedures for the immediate termination of lights-out operations if a

lights-out aircraft spills out of the MOA;

iii. Procedures for the loss of communications;
iv. The type of aircraft and/or USAF unit(s) to be conducting lights-out

training operations;

v. A way of notifying the geographically responsible FAA ATC facility

upon activation and termination of lights-out operations to ensure that

FAA ATC is aware of the activities in the MOA;

vi. The geographical boundaries, altitude restrictions, and the name of the 

MOA in which operations under this exemption are authorized; and

vii. Procedures for loss of radar contact.

6. Each pilot who participates in operations conducted under this exemption must be 

thoroughly familiar with its provisions.

7. 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

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

Our decision extends and amends the termination date of Exemption No. 7660, 

January 31, 2016 unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen

Director, Flight Standards Service

Enclosure
2013 MOA List for FAA Exemption No. 7960 * = new or change for 2013 MOA

(All subdivisions unless otherwise noted; e.g., Eagle Hi & Lo, 1 & 2, etc.)

Adirondack Gamecock Pike

Airburst Gandy Pine Hill

Avon Gladden Pinon Canyon

Bagdad Goose Powder River

Basinger Hart Red Hills

Beaver Hayes Reserve

Birch Hill Top Reveille

Bison Hog (Hi N&S, Lo N&S) Rose Hill

Bronco Howard Saddle

Brownwood Jackal Salem

Brush Creek Jarbidge Sells

Buckeye Juniper Sevier

Buffalo Kingsville Seymour Johnson

Bulldog Lake Andes Smokey

Camden Ridge Lake Placid Snoopy

Carthage La Veta (Low) Steelhead

Cato Lindbergh Stony

Cheyenne Lowville Susitna

Condor Lucin Taiban

Cranberry Marian Talon 

Crypt

Delta

Moody

Morenci

Tiger

Tombstone

Desert Mt. Dora Truman

DeSoto Naknek Tupper

Devils Lake

Dolphin

O’Neill

Olympic

Turtle

Twelve Mile

Duke Outlaw Viper*

Eielson Owyhee Volk

Eureka Palatka Warrior

Falls Paradise White Elk* 

Farmville Pecos Yankee

Fox

Galena

Pickett Yukon