AFS-12-376-E 

July 9, 2012 

 Exemption No. 8775C 

 Regulatory Docket No. FAA-2006-25092 

Mr. Glen F. Wattman 

Director, Office of Aviation Management 

U.S. Department of Energy 

1000 Independence Ave., SW. 

Washington, DC 20585 

Dear Mr. Wattman: 

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

No. 8775, 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 May 9, 2012, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Wackenhut Services, Inc. (WSI), a contractor for the Department of Energy (DOE), 

for an exemption from § 91.209(a)(1) and (b) of Title 14, Code of Federal Regulations 

(14 CFR) to allow the WSI to provide transportation of special response teams who will 

conduct night-vision-goggle lights-out training or actual security response for the DOE’s site 

security plan. 

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 DOE. 
Our Decision 2

In the extension request you submitted to the Federal Docket, you mentioned that the 

operations you conduct under this exemption are “public aircraft operation (PAO) missions.” 

Therefore, the FAA has revised the conditions and limitations of the exemption to reference 

current FAA policy as it relates to public aircraft operations (79 FR 16349). Additionally, a 

limitation was added because you did not request relief to operate under this exemption 

outside of the United States. 

The FAA has determined that the justification for the issuance of Exemption No. 8775, 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. Operations under this exemption must be conducted in accordance with a letter of 

agreement between the petitioner or the petitioner's representative and affected 

FAA air traffic control (ATC) facilities. 

2. Operations under this exemption are only authorized to the extent necessary for 

the petitioner's aircraft to obtain positive identification of and maintain visual 

contact with a suspect aircraft or vehicle. 

3. When operating under this exemption, the pilot must ensure that a dedicated 

observer, in addition to the pilot, is on board the WSI's aircraft. That observer's 

sole responsibility must be to assist the pilot in seeing and avoiding other traffic. 

When use of a dedicated observer in the WSI's aircraft is not possible because of 

aircraft configuration, a dedicated spotter aircraft with a qualified observer 

on board may be used to assist the pilot of the WSI's aircraft in seeing and 

avoiding other aircraft. Spotter aircraft must maintain two-way radio 

communications with the WSI's aircraft to provide the pilot of the WSI's aircraft 

with advisories regarding the relative positions of other aircraft in the area. 

Spotter aircraft must be operated for the sole purpose of detecting other aircraft in 

 the vicinity and advising the pilot of the WSI's aircraft of potential collision 

hazards and must not be engaged in the security response operation. 

4. Only the WSI's aircraft engaged in security response operations are authorized to 

operate without lighted position and anticollision lights. Any other aircraft used 

by the WSI as spotter aircraft must be operated in accordance with § 91.209(a) 

and (b). The WSI's aircraft engaged in security response operations must operate 

the aircraft's position and anticollision lights to the maximum extent practicable 

and may only operate without lights when necessary to avoid detection by 

elements engaged in illegal activities. 
 3

5. The pilot of the WSI's aircraft must establish and maintain two-way radio 

communication with the appropriate ATC facility having jurisdiction over the 

affected airspace and must be receiving ATC advisory service from that facility. 

6. The WSI must ensure all pilots and crewmembers who will conduct airborne law 

enforcement operations are thoroughly briefed and have a complete 

understanding of the conditions and limitations of this exemption. 

7. The WSI must ensure all aircraft used to conduct operations under this exemption 

are equipped with a Mode C transponder and that the transponder is operated on 

the appropriate code or as assigned by ATC. 

8. The provisions of this exemption only apply in the airspace within which the WSI 

has the authority to exercise security response jurisdiction. 

9. For operations under contract where DOE and WSI determine that the operation 

qualifies for public aircraft status and will be conducted as a public aircraft 

operation under the terms of the United States Code §§ 40102(a)(41) and 40125, 

DOE should provide WSI with a declaration of public aircraft status pursuant to 

current FAA policy. WSI should submit a copy of any declaration received to its 

Flights Standards District Office to ensure that the FAA has notice of the public 

aircraft operations being conducted under the contract and this exemption. 

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

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 8775, as amended, to 

August 31, 2014, unless sooner superseded or rescinded. 

All conditions and limitations of Exemption No. 8775, as amended, remain the same. This 

letter must be attached to, and is a part of, Exemption No. 8775. 

Sincerely, 

/S/ 

John M Allen 

Director, Flight Standards Service