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 Adm inistration (FAA) on behalf of Wackenhut Services, Inc. (WSI), a c ontractor 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 subm itted 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 term ination 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