DDEl 

POLICY BOARD 

ON FEDERAL AVIATION 

Mr. Brandon Roberts 

OFFl·CE OF THE SECRETARY OF DEFENSE 

1480 DEFENSE PENTAGON 

WASHINGTON DC 20301~1.480. 

Manager, Airman and Airspace Rules Division 

Federal Avation Administration (ARM-I 00) 

800 Independence Avenue, S.W. 

21June2015 

Washington ~I · · 

De~erts, · . . . 

. · FAR Exemption 5100 was granted to the Department of Defense (DoD) on 18 September 

1989 and last amended on 30 July 2012, permitting air operations in support of drug law enforcement 

and traffic interdiction missions and exempting the DoD from the provisions of the Code of Federal 

Regulations 91.1l7(a) and (b), 91.159(a), and 91.209(a)(l) and (b): 

This exemptio~is critical to the operational support of federal agencies. Aircraft operating in 

support of Counter Drug operations need to remain undetected while maintaining visual contact with 

suspect air,land, and sea targets, USAF aircraft utilize this exemption to operate under reduced 

aircraft lighting during the hours of official sunset to sunrise as necessary and within commandspec ific Operational Risk Management guidelines to ensure mission accomplishment. · . ;~ 

The requirement for the DoD to conduct lights-out drug interdiction missions remains 

.unchanged. Based on the continuing success of the operations, the measures designed to provide an 

equivalent level of safety are proven and remain justified. Examples of the types of measures used 

by the aircraft operators under this exemption include: restricting operations to aircraft with operable 

airborne radar, ensuring two-way radio contact with ATC agencices prior to entering Class B, C, or 

D airspace, and formation flying in which wingmen alert the pilots of the lead aircraft to potential 

traffic conflicts. 

The current FAA exen;iption 5100 expires on 3 0 September 2015 and the DoD requests that 

the valid period of this exemption be extended to 3 0 September 2018. HQ AFFSA POC is Maj 

Andrew Krebs, (405) 582-6087, hqa:ffsa.xofc@us.af.mil. We appreciate your assistance. 

Sincerely, 

~ STEVEN PENNINGTON 

Executive Director 

Attachments: 

1. 2012 DoD PBF A Request for Exemption 5100 Extension 

2. 2012 FAA Exemption 5100 Extension Approval 

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·DOD 

POLICY BOARD 

OFFICE·OF THE SECRETARY OF DEFE.NSE 

- ·-- ·-- - -·- -··-· ·- -· 1480DEFENSEPENTAGON 

· WASHINGTON DC 20301-1480 

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ON FEDERAL AVIATION . 

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Ms. Ida Klepper 

Manager, Airman and Airspace Rul~s Division 

Federru Avation Administration {ARM-JOO) · 

800 Independence Avenue, S.W. · · 

Washlngron D~ 20591 

"Deai:. Ms. Klepper,. 

14May2fH2 

FAR Exemption 5100 was granted to the Department ofDefense (DoD) on 18 September 

1989 and last amended on 26 September 2008, permitting air operations m suppo:rt of drug law 

ellfu;rcemeht and traffic interdiction missions and exemptmg the DoD from the pr~visions of Section.· 

91.209 (a)'(l) and (2). · " . . · 

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i-, _____ ...:_ __ ...:_ ________ ._.,L.:.__ __ :.: _______ ~~-·-----------·---·-·-~---~---..:__. _____ : _____ , __ ._· ----

. . •This exemption is critical to.the'operational support of federal agenci~s. Aircraft. Qperating in . 

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. support of Count~r Drug operations. need to remain undete<;ted while mainttj~g visua:l contactwith 

· · .· ~pect air, land, and sea :targets. USAF aircraft utilize this exemption to operate under :re~:luced · 

. · ·. aircraft Hghting duringthe homs of official sui:iset to sunrise as necessary and within command-' · 

specific Operational Risk Management guidelines to enstire mis.sion accomplishm.ent~ 

The req\lirement for the Department to condu~t lights-out drug interdiction missions ~emains 

unchanged. Based on the continuing succes~ of the operations, the measures designed to provide an 

equivalent level of safety are proven and remain jristifie.d. Exarp.ples of the types of measures μsed 

by.the aircraft operators under tpis ex¢niption inelude: restrictmg operations to aircraft with operable 

airborne radar,, enstiring :two-way radio ·contact with ATC .a:gencices prior to entering Cfass B,' C, or 

D airspace, and foi::mation flying in which wingmen alert the pilots of the lead aircraft to potential ·. 

traffic conflicts. · · · 

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Since the· current.exemption is scheduled to expire on 30 September 2012 aiid is a ~ong 

standing antj. recurring exemptl.on, the Department requests renew~ ofF:M exemption 5100 and that 

the valid period of this e~emption b~ extended to 3.0.September 2015. HQ AFFSA POG is Maj Alex 

. :Krause, (405) 739-9640, hqaffsa:a3of@tinker:~.mil. We appreciate your ~sistance. · 

Sincerely,· · 

Q~·.·· 

~h~ PENNINGTON 

Exe<?utive Director 

DoD Policy Board on Federal A viati.on 

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