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August 8, 2016

Exemption No. 4633P Regulatory Docket No. FAA

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- 12189

Major Matthew J. Niendorf Department of the Air Force HQ AFFSA/XOF

65 00 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 , 201 6 , 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 a mended . 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 exemp tion.

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 pe tition would be detrimen tal 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 delegat ed 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 i n 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 airspac e 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. 11 3 deg 4 9 '0 5 " W.; to lat. 37 deg 56 ' 30 " N., long

. 11 4 deg 1 6'00" W.;

to lat. 3 8 deg 0 9'0 0" N., long. 11 5 deg 01 ' 3 0" W.;

to lat. 3 8 deg 0 8' 3 0" N., long. 11 6 deg 17 '30" W.; to lat. 37 deg 47 '30" N., long. 11 6 deg 4 6 ' 3 0" W.;

to lat. 3 7 deg 4 7 ' 30 " N., long. 11 6 deg 59 '00" W.;

to lat. 3 7 deg 3 3'00" N., long. 11 6 deg 59 '00" W.;

to lat. 3 7 deg 2 9 '00" N., long. 11 6 deg 5 8' 3 0" W.;

to lat. 3 7 deg 1 6'00" N., long. 11 6 deg 48 '00" W.;

to lat. 3 7 deg 16 '00" N., long. 11 6 deg 00 ' 00" W.;

to lat. 3 7 deg 28 '00" N., long. 11 6 deg 00 '00" W.;

to lat. 3 7 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 06'0 0" N., long. 115 deg 56 '00" W.;

to lat. 3 6 deg 36 '00" N., long. 115 deg 56 '00" W.;

to lat. 3 6 deg 35 '00" N., long. 11 5 deg 53 '00" W.;

to lat. 3 6 deg 35 '00" N., long. 11 5 deg 37 '00" W.;

to lat. 3 6 deg 2 6'00" N., long. 11 5 deg 23 '00" W.;

to lat. 36 deg 26'00 " N., long. 11 5 deg 18 '00" W.;

to lat. 3 6 deg 43 ' 00 " N., long. 11 5 deg 0 3 '00" W.; to the point of origin.3

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 control led intercept (GCI) equipment and/or other tracking/monitoring equipment.

4. The petitioner must manage and maintain control over the airspace of the transponder

off area and all aircraft operating within that area under FAA Order Nos. 7210.3, 7610.4, and 711 0.65, 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 operati ons 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 nonpartic ipating 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/monitorin g 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

d irect 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 a ffect interphone communications procedures between the military

ATC/ra dar 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 indica te 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.4

11. The petitioner must employ proce dures 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

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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

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

ad visory service that will be provided by the petitioner.

13. To maintain the integrity of transponder

- off area boundaries, the petitioner must

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a. En sure 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

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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 flo ws 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 agr eement between the NATCF, Blackjack Range Control, and the GCI room are currently maintained and clearly define responsibilities and functions.5

14. The petitioner must submit to periodic inspections of exempted operations and associated procedures by AJV

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

Sincerely,

/s/ Gary Norek Director, Airspace Servic es