AFS-13-173-E

April 26, 2013

 Exemption No. 10266A

 Regulatory Docket No. FAA-2010-0544

Mr. David Calianno

FWC Statewide Operations

Florida Fish and Wildlife Conservation Commission

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 revised

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 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 and amendment to the exemption 

would not set a precedent, and any delay in acting on this petition would be detrimental to 

FWC.
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Our Decision

The FAA has added conditions and limitations numbers 5 and 6 to this 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 modified 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 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. Only FWC may operate the aircraft listed below.

2. Maintenance and preventive 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 maintenance 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 § 61.31(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 perform 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 - 2004
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• 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