ATA-13-120-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

NAS Fallon, NV 89496-5000

Dear Commander Kuehl:

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

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

and limitations.

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 

exemption as the “Transponder-Off Area.”

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 extension of the exemption would not set a 

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

The FAA has determined that the justification for the issuance of Exemption No. 6741, 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. § 40109, which the FAA Administrator has 

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

Conditions and Limitations

1. Operations conducted under 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., long. 118 deg 22'00"W.; thence 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., long. 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. 118 deg 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 Defense Mapping Agency.

2. The petitioner may assign overall responsibility for airspace containment

of operations conducted under the authority of this exemption to the Naval Air 

Station Fallon Air Traffic Control (ATC) Facility.

3. The petitioner must manage the airspace of the Transponder-Off Area and provide 

ATC service to all aircraft operating within that area, in accordance 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 City 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 

radar 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 TransponderOff Area.
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7. Operations 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 between 

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. The petitioner may not allow any 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. The 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 displays or received as radar 

point-outs from adjacent 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 aircraft 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 TransponderOff Area.

12. The petitioner must ensure that 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 exemption poses a potential for a spill-out or 

conflict with any nonparticipating aircraft.

13. The 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; and
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b. Appropriate information is publicized to airspace users concerning radar traffic

advisory service that will be provided by the petitioner.

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

Director of Operations, conducted 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, 2015, unless sooner superseded or rescinded. 

Sincerely,

/s/

Dennis S. Roberts

Director, Airspace Services

Air Traffic Organization