AFS-14-174-E

March 31, 2014

 Exemption No. #5118M

 Regulatory Docket No. FAA-2001-9128

Mr. Larry G. Hamilton

Director of Operation

Flight Inspection Services

P.O. Box 25082

Oklahoma City, OK 73125

Dear Mr. Hamilton:

This letter is to inform you that we have granted your petition to extend Exemption No. 5118, 

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 February 11, 2014, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Flight Inspection Services (FIS) for an extension of Exemption No. 5118, as 

amended. That exemption from §§ 91.119(b) and (c), 91.159, 91.175(a) and (b), 91.179, and 

91.515(a)(1) and (2) of Title 14, Code of Federal Regulations (14 CFR) allows FIS to deviate 

from certain flight rules required by subpart B of part 91 while conducting flight inspections 

of air navigation facilities and instrument approach procedures. 

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 FIS.
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Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 5118, 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. 106(f), 40113 and 44701, which the FAA 

Administrator has delegated to me, I grant Flight Inspection Services an exemption from §§ 

91.119(b) and (c), 91.159, 91.175(a) and (b), 91.179, 91.515(a)(1) and (a)(2), to the extent 

necessary to conduct flight inspections of air navigation facilities and instrument approach 

procedures, subject to the following conditions and limitations.

Conditions and Limitations

1. This exemption is limited to FIS aircraft while performing flight inspections of air 

navigation facilities and instrument approach procedures.

2. During operations conducted contrary to §§ 91.159 and 91.179(b), an observer/copilot 

shall be used to assist the pilot in maintaining adequate vigilance for conflicting 

traffic. 

3. Operations contrary to § 91.179(b) shall be conducted in accordance with the distance 

from cloud and visibility requirements of § 91.155. However, when operating in 

uncontrolled airspace, the flight visibility must be at least 3 miles.

4. Section 91.175(a) is waived only to the extent that instrument approaches to military 

airports shall comply with the requirements of § 91.175(d).

5. Deviation from the altitude and the horizontal distance requirements of § 91.119(b) 

and (c) shall be limited to the time required for performance of the mission for which a 

reasonable alternative method is not available. Operations contrary to § 91.119(b) 

and (c) may be conducted only in visual flight rules (VFR) weather conditions.

6. All instrument flight rule (IFR) operations conducted in IFR conditions under the 

terms of this exemption shall comply with § 91.167, Fuel requirements for flight in 

IFR conditions and § 91.169, IFR flight plan: Information required.

7. All pilots in command shall hold appropriate aircraft type ratings and shall meet the 

minimum pilot in command experience requirements prescribed for the operation of 

FAA aircraft.

8. All approaches conducted below published landing minimums shall be made only 

when the approach light system serving the runway to which the approach is made is 

fully operable.
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9. This exemption permits FIS to deviate from the § 91.177 minimum altitudes for 

instrument flight rule operations when performing flight inspections of air navigation 

facilities and instrument approach procedures at night.

10. This exemption is not valid for operations outside of the United States.

The Effect of Our Decision

This exemption terminates on March 31, 2017, unless sooner superseded or rescinded. 

Sincerely,

//s//

John S. Duncan

Director, 

Flight Standards Service