AFS

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- E April 26, 2013

Exemption No. 10266 A Regulatory Docket No. FAA

- 20 10

- 0544

Mr. David Calianno FWC Statewide Operations

Florida Fish and Wildlife Conservation Com mission

620 South Meridian Street Tallahassee, FL 32399

- 1600

Dear Mr. Calianno :

This letter is to inform you that we have granted your petition to extend Exemption

No. 10266 . It explains the basis for our decision , describes its effect, and lists the r evised

conditions and limitations.

The Basis for Our Decision

By letter dated January 18, 2013 , you petitioned the Federal Aviation Administration (FAA)

on behalf of Florida Fish and Wildlife Conservation Commission ( FWC ) for an extension of

and amendment to Exemption No. 10266 , as amended. That exemption from § 91. 205 (h)(3) and part 43 of Title 14, Code of Federal Regulations (14 CFR) allows FWC to continue to use night vision goggles (NVGs) in the agency’s aircraft

.

In your petition, you indicate tha t 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 Fede ral Register because the requested extension of and amendment to the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to

FWC

.2

Our Decision

The FAA has added condition s and limitation s numbers 5 and 6 to th is exemption to clarify the pilot NVG training and currency requirements associated with operations under the exemption. Conditition and limitation number 7 (previously number 5) has been revised to remove the Bell Helicopter aircraft that have been modif ied to meet the requirements of § 91.205(h).

The FAA has determined the justification for the issuance of Exemption No. 10266 , as amended, remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provide d by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegat ed to me, I grant your petition, subject to the following conditions and limitations.

Conditions and Limitations

1. Only FWC may operate the aircraft listed below.

2. Maintenance and preven tive maintenance on the aircraft listed below shall be performed in accordance with part 43 and § 91.409.

3. NVGs used on these aircraft must meet the requirements of technical standard order

C

- 164 Night Vision Goggles, dated September 30, 2004.

4. NVG mainte nance and preventive maintenance shall be performed in accordance with the manufacturer’s maintenance requirements by an authorized maintenance facility.

5. All pilots conducting NVG operations under this exemption must comply with the requirements of § 61.3 1(k).

6. FWC may not use any person, nor may any person serve as a pilot

- in

- command unless that person meets the operating experience and proficiency requirements outlined in § 61.57. To meet the requirements as set forth in § 61.57, that person shall perfo rm and document the tasks therein for all flights using NVGs wherein they were the sole manipulator of the flight controls during the period beginning one (1) hour after sunset and ending one (1) hour before sunrise (as published in the Air Almanac) in one of the

aircraft listed in Condition and Limitation #7.

7. FWC may operate its certificated aircraft listed below without complying with the requirements of § 91.205(h)(3):

• Partenavia P

- 68

- OB2, N419FW, Serial #419

- 19/OB2, Mfg. Date

- 2002

• Partenavia P

- 68C, N483FW, Serial #271, Mfg. Date

- 1983

• Partenavia P

- 68C, N800AT, Serial #300/22/TC, Mfg. Date

- 1984

• Cessna 182T, N421FW, Serial #18281495, Mfg. Date

- 2004

• Cessna 182T, N420FW, Serial #18281494, Mfg. Date

- 20043

• Cessna 182R, N932FW, Serial #18268492, Mfg. Date

- 1985

• Cessna R182, N945FW, Serial #R18201484, Mfg. Date

- 1980

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 10266 , as amended, to May 31, 2015 unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Deputy Director, Flight Standards Service