AFS-12-432-E 

July 30, 2012 

 Exemption No. 5100K 

 Regulatory Docket No. FAA-2001-10857 

Mr. Steven Pennington 

Executive Director 

Department of Defense Policy Board on Federal Aviation 

1480 Defense Pentagon 

Washington, DC 20301-1480 

Dear Mr. Pennington: 

This letter is to inform you that we have granted your petition to extend Exemption No. 5100, 

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 14, 2012, you petitioned the Federal Aviation Administration (FAA) on 

behalf of the Department of Defense (DOD) for an extension of Exemption No. 5100, as 

amended. That exemption from §§ 91.117(a) and (b), 91.159(a), and 91.209(a)(1) and (b) of 

Title 14, Code of Federal Regulations allows the DOD to conduct air operations in support of 

drug law enforcement and traffic interdiction without meeting certain requirements pertaining 

to (1) aircraft speed, (2) cruising altitudes for flights conducted under visual flight rules, and 

(3) the use of aircraft position lights and anticollision light systems. 

In your petition, you requested that this exemption be extended for 3 years. The FAA finds 

that since this is a long standing exemption it will grant that request. 

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. 
 2

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 DOD. 

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 5100, 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 conditions and 

limitations listed below. 

Conditions and Limitations 

1. The pilot of an aircraft engaged in operations authorized herein is not relieved from

the requirements of § 91.113. 

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

interdiction aircraft to obtain positive identification of, and maintain visual contact 

with, a suspect aircraft. 

3. The pilot shall ensure that a dedicated observer, in addition to the pilot, is on board 

the petitioner’s aircraft. 

a. That observer’s sole responsibility shall be to assist the pilot in seeing and 

avoiding other traffic; or 

b. When use of a dedicated observer in the interdiction aircraft is not possible due 

to aircraft configuration, the use of primary radar equipment that is capable of 

detecting all aircraft operating in the vicinity of the DOD aircraft, or a 

dedicated spotter aircraft with a qualified observer on board, may be used to 

assist the pilot of the interdiction aircraft in seeing and avoiding other aircraft. 

i. Spotter aircraft or aircraft having onboard primary radar equipment for 

the purpose of detecting other aircraft must maintain two-way radio 

communications with the interdiction aircraft to provide the pilot of the 

interdiction aircraft with advisories regarding the relative positions of 

other aircraft in the area. 

ii. Spotter aircraft and primary radar surveillance aircraft shall be operated 

for the sole purpose of detecting other aircraft in the vicinity and 

advising the pilot of the interdiction aircraft of potential collision 

hazards and shall not be engaged in the interdiction operation. 

4. Operations in noncompliance with § 91.209(a)(1) are authorized only for those 

aircraft engaged in air interdiction operations and only when one of the following 

alternative means of deriving traffic information is used: 

a. Primary radar equipment capable of detecting all aircraft operating within the 

vicinity of the DOD interdiction aircraft; or 
 3

b. Spotter aircraft operating in a position to visually detect other aircraft in the 

vicinity of the interdiction aircraft. 

i. Interdiction aircraft must maintain two-way radio communications with 

the spotter aircraft or the primary radar surveillance aircraft for the 

purpose of receiving traffic information regarding other aircraft 

operating in the vicinity. 

ii. Only DOD interdiction aircraft are authorized to operate without 

lighted position/anti-collision lights. Any other aircraft used by the 

DOD as spotter aircraft or primary radar surveillance aircraft must be 

operated in compliance with § 91.209(a). 

iii. Interdiction aircraft shall operate the aircraft’s position lights to the 

maximum extent practical and may only operate without lights when 

necessary to avoid detection by elements engaged in illegal drug 

activities. 

5. The pilot of an interdiction aircraft shall: 

a. Establish two-way radio communication with the appropriate air traffic control 

(ATC) tower before entering a Class B, Class C, or Class D airspace area; 

b. Comply with all instructions and clearance from the tower; and 

c. Maintain two-way radio communication with the tower while in those airspace 

areas. 

6. The DOD shall ensure that all pilots and crewmembers who will conduct airborne 

drug interdiction operations are thoroughly briefed and have a complete 

understanding of the conditions and limitations of this exemption. 

7. The DOD shall ensure that 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 pilot of an interdiction aircraft may not operate at an altitude in noncompliance 

with § 91.159(a) within a Class B or Class C airspace area unless specifically 

authorized by the ATC facility having jurisdiction over that airspace. 

9. This exemption is not valid for operations outside the United States. 
 4

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 5100, as amended, to 

September 30, 2015, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John Duncan 

Acting Director, Flight Standards 

 Service