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 Ai r 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 c onduct 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.2

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 c onducted 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 ai rborne operations at and above 18,000 feet
MSL must include as a minimum:

a. A simply defined description of the ar ea 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).3

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 un it 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