July 11, 2013

Exemption No. 7960F Regulatory Docket No. FAA

- 2001

- 10191

Major Alex E. Krause , USAF Chief, Flight Directive s Division Department of the Air Force ( HQ AFFSA/A30 )

650 0 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, t he FAA is extending the petition as indicated on page 2 “Our Decision.” It explains the basis for our decision, describes its ef fect, 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 Un ited States Air Force ( USAF ) for an amendment to Exemption No. 7960 , as amende d . 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

ap proved joint air operations

, to conduct night vision goggle ( NVG ) lights

- out training in certain military operations areas (MOA). The amendments you request would a mend the requested list

of MOAs to include Viper and White Elk

.

In your petition, you indi cate 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 i n 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 det rimental to the USAF

.The FAA also finds that the USAF’s use of NVGs can provide an added le vel of saf ety 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, NVG s 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 NVG s may lead to a lack of

see

- and

- avoid capability. Therefore, the FAA finds that it is imperat ive that flightcrews using

NVG s 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 op erations may be performed by military personnel not participating in NVG training activities (i.e.

, air traffic controllers, military radar unit personnel, airborne radar u nit personnel, or pilots of non participating 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 joi nt 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 ye ar extension of Exemption No. 7960, as

amended.

Conditions and Limitations

1. Operations conducted under t his 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 u se 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 tho se 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 ope rational 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 ai rcraft 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 containe d within a prescribed and publicized area that

––

a. Is identified by name in a Notice to A irmen ( 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 exemptio n 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 a nd 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 A irspace S ystem;

b. Has been coordinated with the appropriate geograp hically 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 oth er 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 informatio nal 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 n otices

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 p otential aircraft and oper ators; 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 responsibil ity for the airspace to be used and must include

––

i. Procedures for the i mmediate termination of lights

- out operations in the

even t 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 a ctivities in the MOA ;

vi. The geographical boundaries, altitude re strictions, 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 t his 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 outs ide of the Unite d States.

Our decision extends and amends the termination date of Ex e mption No. 7660, January 31, 2016 unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen Director, Flight Standards Service

Enclosure2013 MOA List for FAA Exemption No. 7960 * = new or change for 2013 MOA (All subd ivisions 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 Ha yes Reserve

Birch H ill Top Reveille

Bison H og (Hi N&S, Lo N&S) Rose Hill

Bronco Ho ward Saddle

Brownwood Jackal Salem

Brush Creek Ja rbidge Sells Buckeye J uniper Sevier

Buffalo Kingsville Seymour Johnson Bulldog La ke 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 T ruman DeSoto Nak nek T upper Devils Lake Dolphin O’Neill Olympic Turtle

T welve Mile

Duke Outlaw Viper*

Eielson Owyhee Volk

Eureka Palatka Warrior

Falls Paradise White Elk*

Farmville Pecos Yankee

Fox

Galena Pickett Yukon