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DEPARTMENT OFTHE AIRFORCE HEADQUARTERS UNITED STATES AIRFORCE WASHINGTON DC

MEMORANDUM FORFAAAJV-1 2 July 2014

SUBJECT: Petition for Exemption from Certain Provisions of 14 CFRPart 91.225 for the United States Air Force This petition requests the exemption from certain provisions of 14 CFRPa1i 91.225 for the United States Air Force (USAF) F-22. This petition follows the requirements for inclusion in such documents set forth inthe order presented in 14 CFR Part 11.81. 

### A. Your name andmailing address and, ifyou wish, other contact information such as a fax number, telephone number, or e-mail address Brigadier General Giovanni K. Tuck HQUSAF/A30 1480 Air Force Pentagon

_____ W:ashingtonD_C_2_0_330'------________________________ _t POC: Col Philip Basso 202-404-7129 philip.a.basso.mil@mail.mil 

### B. The specific section orsections of 14 CFRfromwhichyouseekan exemption 14 CFR 91.225 (a), (b), (d), and (g) 

### C. 

### The extentofreliefyouseek, andthe reasonyou seek the relief 1. The U.S. Air Force requests a delay in compliance withthe 14 CFR 91.225 (a), (b), (d), and (g) until 2025 because:

a) The F-22 ADS-BOutupgrade is dependent upon and leverages the infrastructure being provided via the platform's Mode 5/S upgrades. Dueto Sequestration, approximately $625 million is plannedto be removed from the F-22 program over FY 15-19. Giventhese reductions, the decision was made to prioritize funding towards Increment 3.2B for FY18 fielding withthe integration ofthe AIM-120D Air-to-Air Medium Range Missiles (AAMRAM) and the AIM-9X Sidewinder. This was a strategic priority over the military Mode 5 system, as well as the civil Mode S/ADS-B. b) The Mode 5 and ModeS/ADS-BOut capabilities hadto be broken out separately with Mode 5 fielding delayed until 2021 and Mode S/ ADS-B Out initial fielding in 2022, both

**earli~st** possible fielding dates due to fiscal constraints. This delay is required eventhoughthe Department ofDefense (DOD) Full Operational Capability mandate for Mode 5 is 2020. Fleetretrofits are now scheduled to be complete by

· 2024-2025. Itis notprogrammatically or fiscally feasible to accelerate the

implementation ofADS-BOut due to available funding resources and the time

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. I necessary to develop required hardware components to include processors, wiring, and antenna. 

### D. 

### The reasons whygrantingyour request wouldbe in thepublic interest; that is, how it wouldbenefitthepublic as a whole

1. The Air Defense Mission is to prevent air attacks againstNorth America and safeguard the sovereign airspaces ofthe United States and Canadabyresponding to unknown, unwanted, and unauthorized air activity approaching and operating withinthese mrspaces. 2. USAF F-22 routinely flies air patrols as part ofthe Air Defense mission, particularly for high-profile events such as presidential visits or the Super Bowl. Access to the National Airspace System (NAS) is necessary to execute boththe pre-planned missions and any unexpected alert launches. The Air Defense mission will require freedom ofmaneuver in any portion ofthe NAS. 

### 3. Restricting access to higher altitudes (above 1

### OK MSL) or specific classes ofairspace (A, B, C) will also have a significantnegative effect onfuel consumption, loiter time; and the ability to intercept high altitude or long range targets. Timely intercepts ofhostile air targets may not 6e **possil51P.e.-----------~---------____:.__**_____ _!
4. F-22s serve as the primary Air Superiority platform. F-22 pilots require ongoing training incombat-like

**scenario~** to maintain Air Superioritymission skills and proficiency. Training is accomplished in Special Use Airspace (SUA), and aircraft musttransitthe NAS in order to reach the designated airspace. In addition, squadrons perform crosscountry missions and deploy periodically, requiring access to the NAS. 5. Without access to the NAS for training or deployment missions, F-22s will be unable to train appropriately andhave significantly higher fuel consumptionto get to the'Tequired airspace. Depending onbase location and proximityto airspace, this would substantially limit training and combat effectiveness. 6. The Mode 5/S/ADS-B Outupgrades to F-22 aircraft

### will cost approximately $1.2 billion; any changes to the cunentprogram would increase costs to the taxpayer. 

### E. The reasons whygranting the exemption wouldnotadversely affectsafety, orhow the exemption wouldprovide a level of safety at least equalto thatprovidedby the rule from whichyouseek the exemption

1. Surveillance in the NAS (Today)

a) All transponder-equipped aircraft respond to Air Traffic Control Beacon System (ATCRBS)/Mode S interrogations. This is the predominate method ofsurveillance in the NAS. b) The current radar infrastructure consists ofLong Range Radars (LRRs) and Airport Surveillance Radars (ASRs). These radars provide surveillance informationto FAA's Air Route Traffic Control Centers (ARTCC), Terminal Radar Approach Controls

### (TRACON) and DOD Radar Approach Control (RAPCON) facilities for air traffic control purposes. c) ARTCC's, TRACONs and RAPCONS utilize radar track informationprocessed by ATC automation systems that display pertinent flight datato air traffic controllers for use in providing routing, separation, sequencing and traffic advisory services to aircrews piloting aircraft withintheNAS. This provides a safe and secure surveillance system. 

### 2. Surveillance in the NAS (After 1 January 2020) a) On 1January, 2020, the FAAwill transition to a systemutilizing ADS-B Out information and multilateration, where available, as the primary means ofsurveillance. The ADS-BOut information will be providedto ARTCCs and TRACONs, and potentially DOD RAPCONs, for ATC purposes. b) The FAA will maintain abackup system consisting ofa combination ofLRRs and ASRs. c) The ATCRBS/Mode SandADS-B tracks will be fused and U,tilized to control air traffic in enroute and terminal airspaces. These automation systems (ERAM ancfS-TARz-rr--:-ar--:ce-------+ unaffected by the loss ofADS-B targets where primary and secondary radar is available and aircraft are transponder equipped. d) Enroute Airspace: The back-up plan for ADS-B includes the complete coverage ofall the airspace above Flight Level 180 by the LRRs. e) Terminal Airspace: The back-up plan for ADS-B includes the retention ofselected ASRs. 

### 3. Surveillance ofF-22: Mitigation Strategy (After 1 January 2020) a) Since ERAM will fuse ADS-BandMode 3/Mode S tracks, F-22 aircraft will be

· displayed on the controller's scope (as secondary track only) for air traffic control

purposes. This will provide a method for air traffic controllers to con!rol F-22 aircraft for routine operations, with little to no additional workload for the controllers over ADS-B equipped aircraft, the same as today's airspace operations. The separation standard for ADS-B to ADS-B aircraft is 5NM, which is the same as ADS-B to Mode 3/Mode S aircraft. Hence, there will be minimal impact to civiltraffic by non-equipped F-22s. b) Terminal Airspace. ADS-B airspace will include all areas currently covered byASRs. STARS automation systems will fuse ADS-BandMode 3/Mode S tracks, F-22 aircraft will be displayed onthe controller's scope (as secondarytrack only) for air traffic control purposes. This will provide a method for air traffic controllers to control F-22 aircraft for routine operations, and there will be minimal additional workload for the controllers over ADS-B equipped aircraft within radar coverage.**---~~~ ~--**  "--- --------------·-·--

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c) Given the F-22 will fly predominantly withinradar airspace where secondary radar is available, an equivalent level ofsafety canbe maintained, as this is the currentprocess that occurs today; hence, the current level ofsafety will be maintained. 

### F. A summary we canpublish in the FederalRegister, stating: In accordance with 14 C.F.R. §11.87, the USAF requests an expedited approval and waiver from FAA's Federal Register publicationrequirement. We believe good cause exists to proceed without publications for the following reasons: a) Granting this petition wouldNOT set a precedent applicable to others. The DOD has unique funding and national defense requirements that are not applicable to other civil operators. The civilian communitym"ay misinterpret a published exceptionprovidedto the Air Force for national security reasons as setting relevant precedence for unrelated reasons to avoid ADS-B requirements. b) Delayed action on this petition would adversely affect the USAF, giventhe unique budgetary, development ofmilitary specific equipment and unique integration processes. --r----------'c)_Ih_e_U_S_AE_has filed its 12etition in a timely--=m=ann==-=ec::_r.,___ _________________ -J. 

### G. Any additional information, views or arguments available to supportyour request; ' 1. Approximately 80% ofall F-22 flights are local; depart from home station, proceed to SUA, and returnto their original point ofdeparture. Bythe nature ofthese flights, interaction with civil traffic is minimal. 2. Approximately 20% ofF-22 flights are not local (depart from one location and land in another). These flights have a limited number ofpredictable destinations. 

### H.lfyou want to exercise theprivileges ofyourexemption outside the UnitedStates, the reason whyyou needto do so '

1. The F-22 has requirements to fly outside the United States.

ANNIK. TUCK Briga ier General, USAF Director ofOperations