AFS-16-0008-E

January 6, 2016

Exemption No. 10487B

 Regulatory Docket No. FAA-2001-10356

Mr. Laurence S. Dibble

Director of Plans, Policy and Programs

U.S. Army Aeronautical Services Agency

9325 Gunston Road, Suite N319

Fort Belvoir, VA 22060

Dear Mr. Dibble:

This letter is to inform you that we have granted your petition to extend Exemption 

No. 10487, 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 posted to the docket on November 13, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of the United States Army Special Operations Command 

(USASOC) for an extension of Exemption No. 10487, 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. 

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 exemption would not set a precedent, and any 

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

The FAA has determined that the justification for the issuance of Exemption No. 10487, 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 delegated to me, the United States Army Special Operations 

Command is granted an extension to its exemption from §§ 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;

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;
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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, 2019, unless sooner superseded or rescinded.

Sincerely,

/s/

Jodi S. McCarthy

Director, Airspace Services

Air Traffic Organization