ATO-10-371-E Aug 30 2010 Exemption No. 9294B Regulatory Docket No. FAA-2004-17087

Master Sergeant Chad W. McBee Joint Special Operations Command Fort Bragg, NC 28307
Dear MSgt McBee:
This letter is to inform you that we have granted your petition to extend and amend Exemption No. 9294, as amended. It explains th e basis for our decision, describes its effect, and lists the revised conditions and limitations.

The Basis for Our Decision By letter dated August 4, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of Joint Special Operations Command (JSOC) for an extension and amendment 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. The amendment you request would add Warner Robbins Air Force Base and Moody Air Force Base to the list of the airfields covered by this exemption.
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 JSOC.2

Our Decision The FAA has determined that the justification for the issuance of Exemption No. 9294, 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. 40113 and 44701, which the FAA Administrator has delegated to me, I grant your petition, subject to the following conditions and limitations.

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. In addition to the aerial observation, the operation must be conducted with personnel on the ground at the drop zone to conduct surveillance for potential conflicts with non-participating aircraft (ground observers).

c. The operations must be 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. 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 doe s not infringe upon FAA-designated airspace areas and has been coordinated with the appropriate FAA Service Center System Support Group and region Flight St andards Division offices.3

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
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 Carolina4

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
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 Our decision extends the termination date of Exemption No. 9294 to February 28, 2013 unless sooner superseded or rescinded.
Sincerely,

/s/ Elizabeth Ray Director, Aerospace and Aeronautical Information Management