AFS-12-415-E 

October 10, 2012 

 Exemption No. 7687F 

 Regulatory Docket No. FAA-2001-9501 

Maj. Kendall D. Gillespie 

Department of the Air Force 

HQ AFFSA/A3OF 

6500 South MacArthur (AJW31AF) 

Oklahoma City, OK 73169 

Dear Maj. Gillespie: 

This letter is to inform you that we have extended and amended Exemption No. 7687, as 

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

conditions and limitations. 

The Basis for Our Decision 

By letter dated May 30, 2012, you petitioned the Federal Aviation Administration (FAA) on 

behalf of United States Department of the Air Force (USAF) for an extension of Exemption 

No. 7687, as amended. That exemption from § 91.209(a)(1) and (b) of Title 14, Code of 

Federal Regulations allows the USAF to conduct night-vision goggle (NVG) flight training 

operations at and above 18,000 feet mean sea level (MSL) in various aircraft without lighted 

position lights. 

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 and amendment to 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 revised Condition No. 5 and added Condition Nos. 7 and 8. The revised 

conditions and limitations address use of this exemption during formation flights, which were 

not considered during your original petition. These revisions were necessary to ensure that 

separation from non-participating aircraft is maintained during NVG training operations. 

Additionally, a limitation was added because you did not request relief to operate under this 

exemption outside of the United States. 

The FAA has determined that the justification for the issuance of Exemption No. 7687, 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. 40113 and 44701, which the FAA 

Administrator has delegated to me, I grant your petition, subject to the conditions and 

limitations below. 

Conditions and Limitations 

1. This exemption is limited to NVG flight training in USAF aircraft and to other 

military services aircraft participating in approved joint air operations. 

2. Aircrews performing lights-out training under this exemption must alter course, as 

appropriate, and remain well clear of nonparticipant traffic until such traffic is no 

longer a factor. 

3. Lights-out training operations must be conducted at or above 18,000 feet MSL (flight 

level 180), and remain in Class A airspace. 

4. Procedures for lights-out training operations conducted under this exemption must be 

contained within a Letter of Agreement (LOA) between the USAF units performing 

the training and the air traffic control (ATC) facility responsible for the airspace in 

which the lights-out training operations are to be conducted. 

5. The LOA developed for the high-altitude airborne operations at and above 18,000 feet 

MSL must include as a minimum: 

a. A simply defined description of the area in which lights-out training operations 

are to be conducted. For example, define operational radius from a point or a 

named area or location or defined geographical boundaries. 

b. Procedures for the immediate termination of lights-out operations in the event 

of: 

i. Conflicting traffic; 

ii. A participating lights-out aircraft spills out of the designated airspace; 

iii. Loss of communications (i.e., aircraft or ATC control facility radio 

equipment outage); and 

iv. Loss of positive control (lost radar contact because of aircraft or ATC 

facility equipment outage). 
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v. For formation flights: exceeding the limits of a standard formation, as 

defined in the FAA Pilot/Controller Glossary. 

c. The type of aircraft or USAF unit to be conducting lights-out training 

operations. 

6. Each pilot who participates in operations conducted under this exemption must be 

thoroughly familiar with its provisions. 

7. This exemption is not valid for formation flights when operating in a nonstandard 

formation. 

8. This exemption is not valid for operations outside of the United States. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 7687, as amended, to 

November 30, 2015, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

Raymond Towles 

Acting Director, Flight Standards 

 Service