ATA

- 13

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- E January 2, 2013

Exemption No. 6741G

Regulatory Docket No. FAA

- 2001

- 8863

Commander James Kuehl

Operations Officer

Department of the Navy

Naval Strike and Air Warfare Center

N AS Fallon, NV 89496

- 5000

Dear Commander Kuehl :

This letter is to inform you that we have granted yo ur petition to extend Exemption No. 6741,

as amended . It expl ains the basis for our decision, describes its effect, and lists the conditions

and limitatio ns.

The Basis for Our Decision

By letter dated November 15, 2012

, you petitioned the Federal Aviation Administration

(FAA) on behalf of the Department of the Navy (Navy), for an extension of Exemption

No. 6741 , as amended . That exemption from § 91.215(c) of Title 14, Code of Federal

Regulations allows the Navy to provide realistic air combat training in airspace defined in the

exemptio n as the “Transponder

- Off Area.”

In your petition, you indicate that there has been no change in the conditions and reas ons 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 beca use the requested extension of the e xemption would not set a

precedent, and any delay in acting on this petition would be detrimental to the Navy.2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 6741 , as
amended, remains valid with respect to th is exemption and is in the public interest. Therefore,

under the authority provided by 49 U.S.C. § 40109 , which the FAA Administrator has

delegat ed to me, I grant your petition, subject to the conditions and limitations listed below.

Conditions and Limit ations

1. Operations conducted un der the authority of this exemption may be conducted only

in the airspace defined as the Transponder

- Off Area. The Transponder

- Off Area is

described as that airspace bounded by a line beginning at

—

lat. 39 deg 45'00" N., lo ng

. 118 deg 22'00"W.; thenc e eastward

to lat. 40 deg 07'00" N., long. 117 deg 00'00"W.;

to lat. 39 deg 25'00" N., long. 117 deg 00'00"W.;

to lat. 39 deg 10'00" N., long. 117 deg 23'00"W.;

to lat. 38 deg 57'00" N., lon g. 118 deg 20'00"W.;

to lat. 39 deg 07'00" N., long. 118 deg 20'00"W.;

to lat. 39 deg 06'00" N., long. 118 deg 33'00"W.;

to lat. 39 deg 17'00" N., long. 118 deg 21'00"W.;

to lat. 39 deg 45'00" N., long. 11 8 d eg 22'00"W.;

excluding that airspace defined as the “VFR Corridor” as depicted on the Fallon

Range Chart (FRC

- 1), prepared and published by the Def ense Mapping Agency.

2. The petitioner may as sign overall responsibility for airspace containment

of operations conducted under the authority of this exe mption to the Naval Air

Station Fallon Air Traffic Control (ATC) Facility.

3. The petitioner must manage the airspace of the Tr ansponder

- Off Area and provide

ATC service to all aircraft operating within that area, in a ccordance with FAA

Orders 7210.3, 7610.4, and 7110.65, as revised, and any other pertinent FAA

orders dealing with the control of air traffic.

4. The petitioner must enter into a letter of agreement with the Air Traffic Managers

of the Oakland and Salt Lake C ity Air Route Traffic Control Centers

.

5. Only U.S. military aircraft under the direct control of the petitioner are authorized

to conduct operations under the authority of this exemption

. The petitioner must

also ensure that such aircraft are equipped with a nontransponder electronic device

that enables aircraft identification and position correlation

.

6. Operations under the authority of this exemption may be conducted only in the

airspace described as the Transponder

- Off Area where two

- way radio and primary

ra dar coverage exists, and only when two

- way radio and radar identification

continuously are maintained between the aircraft and ground personnel responsible

for tracking the aircraft and ensuring the aircraft are contained in the Transponder

Off Area.3

7. Opera tion s under the authority of this exemption may be conducted only when the

following petitioner’s equipment is operational:

a. Automated radar tracking systems for ATC and tactical training;

b. Transmitters and receivers used for two

- way radio communications bet ween pilots and personnel responsible for tracking the aircraft and ensuring the

aircraft are contained within the Transponder

- Off Area; and

c. Interfacility communications equipment between the petitioner’s and FAA

facilities.

8. T he petitioner may not allow an y pilot to conduct operations under the authority of

this exemption unless that pilot is thoroughly familiar with the airspace

containment procedures specified herein and those procedures pertinent to the

operation contained in the letters of agreement.

9. Th e Fallon ATC facility must track and monitor the flight of nonparticipating

aircraft operating adjacent to the Transponder

- Off Area when such aircraft are

observed independently on the petitioner’s radar display s or received as radar

point

- outs from adjace nt ATC facilities.

10. The Fallon ATC facility must provide radar traffic advisory service within any

Military Operations Area contained within the Transponder

- Off Area to any

nonparticipating air craft that request such service.

11. The petitioner must ensure that each aircraft operating within the Transponder

- Off

Area is contained within the petitioner’s radar surveillance coverage. In the event

that radar surveillance of an aircraft conducting operations under the authority of

this exemption cannot be maintained , the military ATC/radar unit controller must

advise the pilot of that aircraft to turn on the aircraft’s transponder and proceed to a

point, predetermined in the required letter of agreement, within the Transponder

Off Area.

12. The petitioner must ensure tha t any pilot conducting operations under the authority

of this exemption is instructed to turn on the aircraft’s transponder whenever a loss

of pilot/controller communications is anticipated or an aircraft conducting

operations under the authority of this e xemption poses a potential for a spill

- out or

conflict with any nonparticipating aircraft.

13. T he petitioner may not conduct operations under the authority of this exemption

unless

—

a. The petitioner’s orders and directives issued pursuant to this exemption, the

results of primary radar and two

- way radio coverage flight checks, and the

required letter agreement are in compliance with this exemption, as determined

by the FAA Headquarters Office of Mission Services, Airspace Services (AJV)

Director or that person’s designee; and4

b. Appropriate information is publicized to airspace users concerning radar traffic

advisory service that will be provided by the petitioner

.

14. The petitioner m ust allow periodic inspections by the FAA Headquarters AJV

Director of Operations

, con ducted under the authority of this exemption and

associated procedures.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 6741 , as amended, to

March 31, 201 5

, unless sooner superseded or rescinded.

Sincerely,

/s/

Den nis S. Roberts

Director, Air space Services

Air Traffic Organization