AJV-12-210-E 

March 23, 2012 

 Exemption No. 10487 

 Regulatory Docket No. FAA-2001-10356 

Colonel Deborah A. Richardson 

US Army Aeronautical Services Agency 

9325 Gunston Road, Suite N319 

Fort Belvoir, VA 22060 

Dear Colonel Richardson: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption. 

The Basis for our Decision 

By letter dated January 23, 2012, you petitioned the Federal Aviation Administration (FAA) 

on behalf of the United States Army Special Operations Command (USASOC) for an 

extension of Exemption No. 10010, as amended. That exemption from §§ 91.177(a)(2) and 

91.179(b)(1) of Title 14, Code of Federal Regulations (14 CFR) allows properly equipped 

USASOC aircraft to conduct low-level operations without complying with en route minimum 

altitudes for flights under instrument flight rules (IFR) or direction of flight requirements for 

IFR en route segments in uncontrollable airspace. That exemption, however, expired on 

January 31, 2012; therefore, we will treat your request as a new petition. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to USASOC. 

The FAA issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 4371C (copy enclosed), which, 

in part, addresses USASOC operations, the FAA found that the Air Force has been 

conducting these types of operations since 1981 without safety problems. 
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The FAA also recognizes and appreciates the importance of the USASOC’s mission and the 

need for realistic training. 

Having reviewed your reasons for requesting an exemption, I find that— 

 they are similar in all material respects to relief previously requested in the enclosed 

Grant of Exemption No. 4371C; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 4371C 

also apply to the situation you present; and 

 a grant of exemption is in the public interest. 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, delegated to 

me by the Administrator, the United States Army Special Operations Command is granted an 

exemption from 14 CFR §§ 91.177(a)(2) and 91.179(b)(1) to the extent necessary to allow 

properly equipped USASOC aircraft to conduct low-level operations without complying with 

en route minimum altitudes for flights under IFR or direction of flight requirements for IFR 

en route segments in uncontrollable airspace, subject to the following conditions and 

limitations: 

Conditions and Limitations 

1. Operations under this exemption must be conducted at an altitude of at least 250 feet 

(with terrain following/terrain avoidance (TF/TA)) or 500 feet above the highest 

obstacle (without TF/TA) within 3 nautical miles (nm) of the course to be flown over 

mountainous and other areas. Rotary wing aircraft may operate at an altitude of at 

least 100 feet (with TF/TA) above all obstacles within 3 nm of the course to be flown. 

2. Operations in Class G airspace may only be conducted if procedures have been 

established in a letter of agreement (LOA) that includes the communications with 

control tower requirements of § 91.126(d). 

3. Operations under this exemption shall be conducted under the procedural 

requirements of an LOA between the unit originating the route and the air traffic 

control facility having jurisdiction over the airspace. 

4. Operations may not be conducted until a notice to airmen (NOTAM) concerning the 

exempted activity has been in effect at least 6 hours. Such NOTAM shall be issued 

regardless of the actual or forecast weather conditions along the route segment for 

which this exemption is exercised and shall include at a minimum: 

a. the name of the nearest city or town and the state; 

b. the date and time period of the planned activity; 

c. the number and type of aircraft expected on the route; 
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d. the ingress and egress points of the route segment expressed in 

fix/radial/distance from a very high frequency omnidirectional range (VOR); 

and 

e. the altitude to be flown. 

5. Letters of agreement must include, as a minimum, all of the following: 

a. Route definition in geographical coordinates and maximum route width; 

b. Route alignment which avoids Class B airspace; 

c. Route alignment which minimizes disturbances to persons and property on the 

ground; 

d. Provisions for military aircraft to flight check approved routes to ensure 

compliance with all provisions; 

e. Maximize altitudes for all route segments; 

f. Radar flight following or position reporting procedures, as appropriate; 

g. Provisions for lost communications procedures; and 

h. Procedures whereby aircraft unable to continue the mission under this 

exemption can comply with the route and altitude requirements of part 91. 

6. The maximum route length authorized under this exemption is 40 nm. 

7. Environmental assessments associated with operations conducted under this 

exemption will be the responsibility of USASOC. 

This exemption terminates on February 28, 2014, unless sooner superseded or rescinded 

Sincerely, 

/s/ 

Dennis E. Roberts 

Director, Airspace Services 

Air Traffic Organization 

Enclosure