ATO-13-266-E 

March 18, 2013 

 

 Exemption No. 10724 

 Regulatory Docket No. FAA-2004-17087 

Major John Himes 

Chief, Combat Airspace Management 

Joint Special Operations Command 

Aviation Tactics Evaluation Group 

Fort Bragg, NC 28307 

Dear Maj. Himes: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated March 4, 2013, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Joint Special Operations Command (JSOC) for an extension of Exemption 

No. 9294, as amended. That exemption from §§ 105.17 and 105.19(a) and (b) of Title 14, 

Code of Federal Regulations allows JSOC forces to conduct unlighted night parachute 

operations from sunset to sunrise, through clouds, outside special airspace, at and below 1,500 

feet AGL. The operations are to be conducted in Class C, D, and E airspace at airports closed 

to nonparticipating air traffic. That exemption, however, expired on February 28, 2013; 

therefore, we will treat your request as a new petition. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested amendment of the exemption would not set a 

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

The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 9294, the FAA found that the 

petition was unique and provided mitigating factors for consideration. The FAA found that 
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by operating over solely established dropzones with adequate surveillance, and by having 

command and control, a maximum level of safety is obtainable under the circumstances. 

Having reviewed your reasons for requesting an exemption, I find that— 

 they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 9294; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 9294 

also apply to the situation you present; and 

 a grant of exemption is in the public interest. 

Our Decision 

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator 

has delegated to me, I hereby grant Joint Special Operations Command forces an exemption 

from 14 CFR §§ 105.17 and 105.19(a) and (b) to the extent necessary to conduct unlighted 

night parachute operations from sunset to sunrise, through clouds, outside special airspace, at 

and below 1,500 feet AGL. The operations are to be conducted in Class C, D, and E airspace 

at airports closed to nonparticipating air traffic, subject to the conditions and limitations 

described below. 

Conditions and Limitations 

1. This exemption is limited to night parachute, combat readiness, training exercises 

of the JSOC conducted over or onto the airports listed in Condition No. 8b. 

2. Each airborne training operation: 

a. Must be: 

(i) Conducted in a flight of two or more aircraft with a dedicated observer 

on duty, who is not a pilot, aboard each aircraft (non-pilot airborne 

observers); or 

(ii) Escorted by an aircraft serving as an observation platform dedicated to 

surveillance for non-participating traffic (pilot airborne observer) in the 

event the training operation only consists of a single concept from which 

parachutists jump. 

b. Conducted with personnel on the ground at the drop zone to conduct 

surveillance for potential conflicts with non-participating aircraft (ground 

observers); and 

c. Conducted in such a manner as to enable the airborne and ground observers 

to survey fully about for non-participating traffic and relay the findings to 

all participants so operations may be terminated while non-participating 

traffic is in the area. 
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3. Traffic notifications from the observers shall provide the flightcrew with 

information about the position and speed of the observed non-participating traffic. 

4. When non-participating traffic is in the area, the training exercise and parachute 

operations shall be terminated until the air traffic is no longer in the area. 

5. Unlighted parachute operations may not be conducted above 1,500 feet AGL and 

must be contained within the boundaries of the airport designated as a potential and 

previously utilized zone as listed in Condition No. 8. This area must be established 

as an area of low air traffic that does not infringe upon FAA-designated airspace 

areas and has been coordinated with the appropriate FAA Service Center System 

Support Group and region Flight Standards Division offices. 

6. In addition, unlighted parachute operations, through clouds, may be conducted only 

at airports listed in Condition No. 8 and only as necessary to meet the requirements 

of combat readiness training by members of the JSOC. 

7. Each pilot who will conduct operations for the JSOC under this exemption must be 

thoroughly familiar with its provisions. 

8. The holder shall advertise the proposed training operations to operators at all 

airports within 50 miles of the area for 60 days preceding the initial use and 7 days 

preceding each subsequent use. 

a. Airports to be used for the drop zones shall be closed by Notice to Airmen 

(NOTAM) to non-participating traffic. The tower shall remain 

appropriately staffed during the unlighted parachute operations to ensure 

that non-participating traffic remain excluded and clear of the airspace to be 

used. 

b. The following airports are authorized for use with prior permission and 

agreement with the airport management, coordinated with FAA Service 

Center System Support Group and Flight Standards offices. 

1. Fairchild Air Force Base, Washington 

2. Gray Army Airfield, Washington 

3. Whidbey Island Naval Air Station, Washington 

4. Grant County/Moses Lake, Washington 

5. Great Falls, Montana 

6. Pendleton, Oregon 

7. Klamath Falls, Oregon 

8. Mountain Home Air Force Base, Idaho 

9. Boise, Idaho 

10. Indian Springs, Nevada 
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11. Roswell, New Mexico 

12. Biggs Army Air Field, Texas 

13. Ft. Campbell Army Air Field, Kentucky 

14. Lawson Army Air Field, Georgia 

15. Hunter Army Air Field, Georgia 

16. Warner Robbins Air Force Base, Georgia 

17. Moody Air Force Base, Georgia 

18. North Airfield, South Carolina 

19. McGhee Tyson, Tennessee 

20. McEntire Air National Guard Station, South Carolina 

21. North Airfield Auxiliary, South Carolina 

22. Duke Field, Florida 

23. Hurlburt Field, Florida 

24. Avon Park, Florida 

25. Cecil Field, Florida 

26. Maxwell Air Force Base, Alabama 

27. Powell Drop Zone, Washington 

28. Wendover, Utah 

9. The holder must provide notice through the use of NOTAMs/Special Notice 

disseminated at least 72 hours in advance of scheduled exercises. The training 

airspace will be identified by name (if applicable) or by latitude/longitude. The 

NOTAMs will advise that during the course of flight planning, potential users of the 

operational area will be provided with information on the time and place of 

the proposed unlighted parachute operations. The NOTAMs must be made 

available to the civil aviation community and must be capable of being 

disseminated among civil users of the National Airspace System. 

The Effect of Our Decision 

This exemption terminates on April 30, 2015, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

Dennis E. Roberts 

Director, Airspace Services 

 Air Traffic Organization