AFS-14-310-E August 18, 2014 Exemption No. 877 5D 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 19, 2014, you petitioned the Federal Aviati on Administration (FAA) on

behalf of G4S Government Soluti ons, Inc. DBA WSI-SRS, (WSI-SRS) , a contractor for the Department of Energy (DOE), f or an exemption from § 91.209(a)(1 ) and (b) of Title 14, Code of Federal Regulations (14 CFR) to allow the WSI-SRS to operate two DOE owned BK-117 helicopters, at night, without exterior aircraft lighting, usin g Night Vision Goggle (NVG) at altitudes between 300 and 500 feet above ground level (AGL) on exercises and actual security response missions to protect the critical national security ass ets at the DOE’s Savannah River Site (SRS).

In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest, safety and national security consi derations that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishin g 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 de trimental to DOE.2

Our Decision

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. §§ 106(f), 40113 and 44701, which the FAA Administrator has delegated to me, I grant WSI-SRS petition to operate two DOE owned BK-117 helicopters, at night, utilizing NVG, between 200 and 500 feet above ground level, without exterior aircraft lighting, subject to the follo wing conditions and limitations.

Conditions and Limitations

1. Operations under this exemption must be conducted in accorda nce with a letter of agreement between the petitioner or the petitioner's representa tive and affected FAA air traffic control (ATC) facilities.

2. Operations under this exemption are only authorized to the e xtent 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 t hat a dedicated observer, in addition to the pilot, is on board the DOE's aircr aft. That observer's sole responsibility must be to assist the pilot in seeing and a voiding other traffic. When use of a dedicated observer in the DOE's aircraft is not p ossible because of aircraft configuration, a dedicated spotter aircraft with a qua lified observer on board may be used to assist the pilot of the DOE's aircraft in seeing and avoiding other aircraft. Spotter aircraft must maintain two-wa y radio

communications with the DOE's air craft to provide the pilot of the DOE's aircraft with advisories regarding the relative positions of other aircr aft in the area. Spotter aircraft must be operated for the sole purpose of detec ting other aircraft in the vicinity and advising the pilo t of the DOE's aircraft of po tential collision hazards and must not be engaged in the security response operat ion.

4. Only the DOE's aircraft engaged in security response operati ons are authorized to operate without lighted position and anticollision lights. Any other aircraft used by the DOE as spotter aircraft must be operated in accordance w ith § 91.209(a) and (b). The DOE's aircraft engaged in security response opera tions must operate the aircraft's position and anticollision lights to the maximum extent practicable and may only operate without lights when necessary to avoid det ection by elements engaged in illegal activities.

5. The pilot of the DOE's aircraft must establish and maintain two-way radio communication with the appropriate ATC facility having jurisdic tion over the affected airspace and must be r eceiving ATC advisory service fr om that facility.3 6. The DOE and WSI-SRS must ensure all pilots and crewmembers w ho will conduct airborne law enforcement operations are thoroughly brie fed and have a complete understanding of the conditions and limitations of thi s exemption.

7. The DOE and WSI-SRS 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 exemp tion only apply in the airspace wit hin which the DOE and WSI-SRS have the authority to exercise security response ju risdiction.

9. For operations under contract where DOE and WSI-SRS determine t hat the operation qualifies for public aircraft status and will be cond ucted as a public aircraft operation under the terms of the United States Code §§ 40102(a)(41) and 40125, DOE should provide WSI-SRS with a declaration of public aircraft status pursuant to current FAA policy (see FAA Advisory Circular 00-1. 1A, Public Aircraft Operations ). WSI-SRS should submit a copy of any declaration received to its Flights Standards Distri ct Office to ensure that the FAA has notice of the public aircraft operations being conducted under the contract a nd this exemption.

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

The Effect of Our Decision

Our decision extends the ter mination date of Exemption No. 8775 , as amended, to August 31, 2016, unless sooner superseded or rescinded. All co nditions and limitations of Exemption No. 8775, as amended, remain the same. This letter m ust be attached to, and is a part of, Exemption No. 8775.

Sincerely,

//s//

John Barbagallo Action Deputy Director, Flight Standards Service