AFS-12-005-E 

November 30, 2011 

 Exemption No. 8028D 

 Regulatory Docket No. FAA-2002-14119 

Colonel P.A. Fortunato 

Director, USMC Safety Division 

2 Navy Annex 

Washington, DC 20380-1775 

Dear Colonel Fortunato: 

This letter is to inform you that we have granted your petition to extend Exemption No. 8028, 

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 dated September 15, 2011, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Department of the Navy (DON) for an extension of Exemption No. 8028, 

as amended. That exemption from § 91.209(a)(1) and (2) of Title 14, Code of Federal 

Regulations allows the DON to conduct U.S. Marine Corps (USMC) rotorcraft, which include 

rotary-wing and tilt rotor aircraft, night-vision device flight training operations without 

lighted position lights. In addition, you requested a 3-year extension period. 

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 the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to DON. 

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 8028, as 

amended, remains valid with respect to this exemption and is in the public interest. Under the 

authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has 
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delegated to me, I hereby grant the Department of the Navy an exemption from 

14 CFR § 91.209(a)(1) and (2) to the extent necessary to allow the DON to conduct USMC 

aircraft night-vision device flight training operations without lighted position lights, subject to 

the conditions and limitations below. 

Conditions and Limitations 

1. This exemption is limited to night-vision device flight training in USMC aircraft. 

2. The USMC must conduct its airborne training operations— 

a. In a flight of two or more aircraft with a dedicated observer on duty aboard each 

aircraft, the flight must be conducted in a manner that enables the observers 

collectively to survey fully about the entire flight for nonparticipating aircraft; or 

b. While escorted by a properly lighted aircraft serving as an observation platform 

dedicated to surveillance for nonparticipating traffic. 

3. The observers must provide the training flight with timely traffic notifications that 

relate the position and speed of the observed nonparticipating traffic. 

4. When nonparticipating traffic is relevant, the pilot of each aircraft must light its 

position lights and keep them lighted until the traffic is no longer a factor. 

5. The USMC must conduct its airborne training operations at or below 500 feet above the 

surface and must contain the operations within a prescribed and publicized area that— 

a. Is simply defined (for example, the radius area of a point or location); 

b. Is established in an area of low traffic density; 

c. Is not within 4 nautical miles of any public use airport; 

d. Does not infringe upon FAA-designated airspace areas; and 

e. Has been coordinated with the appropriate FAA regional Air Traffic Division and 

 Flight Standards Division offices. 

6. During training in an urban environment that may require an altitude greater than 

500 feet above the surface, the USMC must coordinate further with the appropriate 

FAA regional Air Traffic Division and Flight Standards Division offices. 
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7. The USMC may conduct ground operations in noncompliance with § 91.209(a)(2) at an 

airport or staging area where only USMC aircraft are involved and suitable alternative 

measures for collision avoidance are instituted. 

8. Each pilot who participates in operations under this exemption must be thoroughly 

familiar with its provisions. 

9. The USMC must disclose each approved training area to operators at all airports within 

50 nautical miles of the area for 60 days before the area’s initial use. 

10. 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. 8028, as amended, to 

April 30, 2015, unless sooner superseded or rescinded. This letter must be attached to, and is 

a part of, Exemption No. 8028. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service