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DEPARTMENT OF THE AIR FORCE 

HEADQUARTERS UNITED STATES AIR FORCE 

WASHINGTON DC 

MEMORANDUM FOR FAA AJV-1 

2 July 2014 

SUBJECT: Petition for Exemption from Certain Provisions of 14 CFR Part 91.225 for the 

United States Air Force 

This petition requests the exemption from certain provisions of 14 CFR Pa1i 91.225 for the 

United States Air Force (USAF) F-22. This petition follows the requirements for inclusion in 

such documents set forth in the order presented in 14 CFR Part 11.81. 

A. Your name and mailing 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 or sections of 14 CFRfrom which you seek an exemption 

14 CFR 91.225 (a), (b), (d), and (g) 

C. The extent ofreliefyou seek, and the reasonyou seek the relief 

1. The U.S. Air Force requests a delay in compliance with the 14 CFR 91.225 (a), (b), (d), 

and (g) until 2025 because: 

a) The F-22 ADS-BOut upgrade is dependent upon and leverages the infrastructure 

being provided via the platform's Mode 5/S upgrades. Due to Sequestration, 

approximately $625 million is planned to be removed from the F-22 program over 

FY 15-19. Given these reductions, the decision was made to prioritize funding 

towards Increment 3.2B for FY18 fielding with the 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 had to 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 even though the Department of Defense (DOD) Full Operational Capability 

mandate for Mode 5 is 2020. Fleet retrofits are now scheduled to be complete by 

· 2024-2025. It is not programmatically or fiscally feasible to accelerate the 

implementation of ADS-BOut due to available funding resources and the time 
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necessary to develop required hardware components to include processors, wiring, 

and antenna. 

D. The reasons why granting your request would be in the public interest; that is, how it 

would benefit the public as a whole 

1. The Air Defense Mission is to prevent air attacks against North America and safeguard 

the sovereign airspaces of the United States and Canada by responding to unknown, 

unwanted, and unauthorized air activity approaching and operating within these 

mrspaces. 

2. USAF F-22 routinely flies air patrols as part of the 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 both the pre-planned missions and any 

unexpected alert launches. The Air Defense mission will require freedom of maneuver in 

any portion of the NAS. 

3. Restricting access to higher altitudes (above 1 OK MSL) or specific classes of airspace (A, 

B, C) will also have a significant negative effect on fuel consumption, loiter time; and the 

ability to intercept high altitude or long range targets. Timely intercepts of hostile air 

targets may not 6e possil51P.e.-----------~---------____:.__ _____ _! 

4. F-22s serve as the primary Air Superiority platform. F-22 pilots require ongoing training 

in combat-like scenario~ to maintain Air Superiority mission skills and proficiency. 

Training is accomplished in Special Use Airspace (SUA), and aircraft must transit the 

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 and have significantly higher fuel consumption to get to the'Tequired 

airspace. Depending on base location and proximity to airspace, this would substantially 

limit training and combat effectiveness. 

6. The Mode 5/S/ADS-B Out upgrades to F-22 aircraft will cost approximately $1.2 billion; 

any changes to the cunent program would increase costs to the taxpayer. 

E. The reasons why granting the exemption would not adversely affect safety, or how the 

exemption would provide a level of safety at least equal to that provided by the rule from 

which you seek 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 of surveillance in 

the NAS. 

b) The current radar infrastructure consists of Long Range Radars (LRRs) and Airport 

Surveillance Radars (ASRs). These radars provide surveillance information to 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 information processed by 

ATC automation systems that display pertinent flight data to air traffic controllers for 

use in providing routing, separation, sequencing and traffic advisory services to 

aircrews piloting aircraft within the NAS. This provides a safe and secure surveillance 

system. 

2. Surveillance in the NAS (After 1 January 2020) 

a) On 1 January, 2020, the FAA will transition to a system utilizing ADS-B Out 

information and multilateration, where available, as the primary means of surveillance. 

The ADS-BOut information will be provided to ARTCCs and TRACONs, and 

potentially DOD RAPCONs, for ATC purposes. 

b) The FAA will maintain a backup system consisting of a combination of LRRs and 

ASRs. 

c) The ATCRBS/Mode Sand ADS-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 of ADS-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 of all 

the airspace above Flight Level 180 by the LRRs. 

e) Terminal Airspace: The back-up plan for ADS-B includes the retention of selected 

ASRs. 

3. Surveillance ofF-22: Mitigation Strategy (After 1 January 2020) 

a) Since ERAM will fuse ADS-Band Mode 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 5 NM, which is the same as ADS-B to Mode 

3/Mode S aircraft. Hence, there will be minimal impact to civil traffic by non-equipped 

F-22s. 

b) Terminal Airspace. ADS-B airspace will include all areas currently covered by ASRs. 

STARS automation systems will fuse ADS-Band Mode 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 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 within radar airspace where secondary radar is 

available, an equivalent level of safety can be maintained, as this is the current process 

that occurs today; hence, the current level of safety will be maintained. 

F. A summary we can publish in the Federal Register, stating: 

In accordance with 14 C.F.R. §11.87, the USAF requests an expedited approval and 

waiver from FAA's Federal Register publication requirement. We believe good cause 

exists to proceed without publications for the following reasons: 

a) Granting this petition would NOT 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 community m"ay misinterpret a published exception provided to 

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, given the unique 

budgetary, development of military 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 support your request; 

' 1. Approximately 80% of all F-22 flights are local; depart from home station, proceed to 

SUA, and return to their original point of departure. By the nature of these 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 of predictable destinations. 

H.lfyou want to exercise the privileges ofyour exemption outside the United States, the 

reason why you need to do so ' 

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

ANNIK. TUCK 

Briga ier General, USAF 

Director of Operations