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 Adm inistration (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 ex emption, 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 fact ors for consideration. The FAA found that2 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 Adm inistrator 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 sunr ise, 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.3

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, Nevada4

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 exem ption terminates on April 30, 2015, unless sooner superseded or rescinded. Sincerely,

/s/ Dennis E. Roberts Director, Airspace Services Air Traffic Organization