AJV-16-00013-E

August 8, 2016

 Exemption No. 4633P

 Regulatory Docket No. FAA-2002-12189

Major Matthew J. Niendorf

Department of the Air Force

HQ AFFSA/XOF

6500 South MacArthur, Building 4, Room 117

Oklahoma City, OK 73129

Dear Major Niendorf:

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

No. 4633, 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 June 14, 2016, you petitioned the Federal Aviation Administration (FAA) on 

behalf of the Department of the Air Force (USAF) for an extension of Exemption No. 4633, 

as amended. That exemption from § 91.215 (b) and (c) of Title 14, Code of Federal 

Regulations (14 CFR) allows USAF to conduct certain military training flight operations in 

designated airspace over 10,000 feet mean sea level without being required to operate the 

aircraft transponders, subject to certain conditions and limitations.

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 USAF.
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Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 4633, 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, the Department of the Air Force is granted an extension to 

its exemption from 14 CFR § 91.215 (b) and (c) that allows USAF to conduct certain military 

training flight operations in designated airspace over 10,000 feet mean sea level without being 

required to operate the aircraft transponders, subject to the following conditions and 

limitations.

Conditions and Limitations

1. Exempted operations may only be conducted under a letter of agreement between the 

petitioner, the petitioner’s representative, and affected FAA air traffic control (ATC) 

facilities.

2. The petitioner may only conduct exempted operations in that airspace defined as the 

transponder-off area and described as that airspace bound by a line beginning at:

lat 36 deg 43’00” N., long. 114 deg 44’00” W.;

hence northeast

to lat. 37 deg 50'17" N., long. 113 deg 49'05" W.;

 to lat. 37 deg 56'30" N., long. 114 deg 16'00" W.;

 to lat. 38 deg 09'00" N., long. 115 deg 01'30" W.;

 to lat. 38 deg 08'30" N., long. 116 deg 17'30" W.;

 to lat. 37 deg 47'30" N., long. 116 deg 46'30" W.;

 to lat. 37 deg 47'30" N., long. 116 deg 59'00" W.;

 to lat. 37 deg 33'00" N., long. 116 deg 59'00" W.;

 to lat. 37 deg 29'00" N., long. 116 deg 58'30" W.;

 to lat. 37 deg 16'00" N., long. 116 deg 48'00" W.;

 to lat. 37 deg 16'00" N., long. 116 deg 00'00" W.;

 to lat. 37 deg 28'00" N., long. 116 deg 00'00" W.;

 to lat. 37 deg 28'00" N., long. 115 deg 35'00" W.;

 to lat. 37 deg 06'00" N., long. 115 deg 35'00" W.;

 to lat. 37 deg 06'00" N., long. 115 deg 56'00" W.;

 to lat. 36 deg 36'00" N., long. 115 deg 56'00" W.;

 to lat. 36 deg 35'00" N., long. 115 deg 53'00" W.;

 to lat. 36 deg 35'00" N., long. 115 deg 37'00" W.;

 to lat. 36 deg 26'00" N., long. 115 deg 23'00" W.;

 to lat. 36 deg 26'00" N., long. 115 deg 18'00" W.;

 to lat. 36 deg 43'00" N., long. 115 deg 03'00" W.;

to the point of origin.
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3. This exemption may only be exercised when the petitioner’s following equipment is 

operational:

a. The Nellis Air Force Base (NAFB) approach control Micro-EARTS, and Radar 

Brite Display Equipment Replacement (RBDER) automated radar tracking 

equipment; and

b. Surveillance data on NAFB ground controlled intercept (GCI) equipment 

and/or other tracking/monitoring equipment.

4. The petitioner must manage and maintain control over the airspace of the transponderoff area and all aircraft operating within that area under FAA Order Nos. 7210.3, 

7610.4, and 7110.65, as revised, and any other pertinent FAA Orders dealing with the 

control of air traffic.

5. The petitioner’s ATC personnel must track and monitor the flight of nonparticipating 

aircraft operating adjacent to the transponder-off area when exempted operations are 

conducted. Such tracks may be initiated by the petitioner’s ATC personnel, monitored 

at the petitioner’s radar displays that duplicate the radar presentations of the Los 

Angeles Center, or received as radar point-outs from other FAA ATC facilities. 

Notwithstanding the requirement for exempted operations to be contained within the 

transponder-off area, this tracking requirement is to ensure that the petitioner’s 

personnel issue control instructions to participating aircraft with regard to 

nonparticipating aircraft.

6. Exempted operations may only be conducted by U.S. military aircraft.

7. The petitioner must ensure that each aircraft operating within the transponder-off area 

is contained within the petitioner’s radar surveillance and/or tracking/monitoring 

equipment coverage. In the event surveillance of an aircraft conducting exempted 

operations 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.

8. The petitioner must ensure that interfacility land lines exist between the facilities of 

the petitioner and the FAA that provide communications between the controller in 

direct two-way communications with aircraft conducting exempted operations and any 

FAA controllers responsible for the airspace adjacent to the transponder-off area.

9. The petitioner must affect interphone communications procedures between the military 

ATC/radar unit personnel and adjacent FAA ATC facilities concerning imminent or 

potential aircraft "spill-outs." These procedures are called "Whiskey Alert" procedures 

and are commonly used between FAA facilities and military ATC/radar unit facilities 

to indicate that a situation requires immediate attention.

10. The petitioner must provide radar traffic advisory service within the transponder-off 

area, on a mandatory basis, to any nonparticipating aircraft that request such service.
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11. The petitioner must employ procedures to accomplish radar handoffs and point-outs of 

nonparticipating aircraft transiting or operating adjacent to the transponder-off area.

12. The petitioner may not conduct exempted operations 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 of agreement are in compliance with this exemption, as 

determined by the FAA Headquarters Office of Air Traffic Operations Director 

(AJV-1) or that person's designee; and

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

advisory service that will be provided by the petitioner.

13. To maintain the integrity of transponder-off area boundaries, the petitioner must --

a. Ensure that overall responsibility for exempted operations is assigned as an 

ATC function of the Nellis ATC Facility (NATCF);

b. Maintain at least two operational positions that are –

i. Equipped with a radar and/or tracker display with access to all radar 

systems used by the NATCF, GCI, and/or other monitoring/tracking 

facilities;

ii. Equipped with all tactical frequencies and inter/intrafacility telephone 

lines used during exempted operations; and

iii. Each manned by at least one qualified air traffic controller;

c. Maintain a position description and performance standard for the qualified air 

traffic controller specified in Condition No. 13b above which, as a minimum, 

specifies that the air traffic controller assigned to the position shall ensure the 

integrity of traffic flows outside of but adjacent to the transponder-off area 

through the timely issuance of ATC clearances/instructions to aircraft 

conducting exempted operations to enable such aircraft to remain within 

assigned airspace; and

d. Ensure that internal letters of agreement between the NATCF, Blackjack 

Range Control, and the GCI room are currently maintained and clearly define 

responsibilities and functions.
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14. The petitioner must submit to periodic inspections of exempted operations and 

associated procedures by AJV-1.

This exemption terminates on September 30, 2019, unless sooner superseded or rescinded.

Sincerely,

/s/

Gary Norek

Director, Airspace Services