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 Serv ices

P.O. Box 25082 Oklahoma City, OK 73125

Dear Mr. Hamilton :

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

, as amended. It explains the basis for our decision , describes its effect, and lists the conditi ons 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 f rom §§ 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

.2

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), 4011 3 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), 91.1 7 9, 91.515(a)(1 ) and (a)(2), to the extent necessary to conduct flight inspections of ai r navigation facilities and instrument approach procedures , subject to the following conditions and limitations.

Conditions and Limitations

1. This exem ption is limited to FIS aircraft while performing flight inspections of air navigation facilities and inst rument 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 con ducted 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 ap proaches 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

r easonable 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 th is 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 ex perience 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.3

9. This exemp tion 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 o utside 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