AFS-14-310-E 

August 18, 2014 

 Exemption No. 8775D 

 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 Aviation Administration (FAA) on 

behalf of G4S Government Solutions, Inc. DBA WSI-SRS, (WSI-SRS), 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-SRS to operate two DOE owned BK-117 

helicopters, at night, without exterior aircraft lighting, using 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 assets 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 considerations 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. 
 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 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 DOE'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 DOE'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 DOE's aircraft in seeing and 

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

communications with the DOE's aircraft to provide the pilot of the DOE'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 DOE's aircraft of potential collision 

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

4. Only the DOE's aircraft engaged in security response operations 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 with § 91.209(a) 

and (b). The DOE'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. 

5. The pilot of the DOE'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. 
 3 6. The DOE and WSI-SRS 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 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 exemption only apply in the airspace within which the DOE 

and WSI-SRS have the authority to exercise security response jurisdiction. 

9. For operations under contract where DOE and WSI-SRS 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-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 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, 2016, 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 Barbagallo 

Action Deputy Director, Flight Standards Service