AFS

- 16

- 0850

- E

February 19, 2016

Exemption No. 10490 B Regulatory Docket No. FAA

- 20 01

- 9369

Mr. Richard T. Booth Director, Domain Operations and Integration

U.S. Customs and Border Protection

Office of Air and Marine 1300 Pennsylvania Avenue, N.W., Suite 6.4A Washington, DC 20229

Dear Mr. Booth :

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

No. 10490 , as amended

. I t t ra ns mit s our d ec i s i on, e x p l a i ns it s b a s i s, a nd g i v e s y ou t he

c ond iti ons a nd limit a ti ons of t he e x e m p ti on, i n c l ud i ng t he d a t e i t e nds.

The Basis for Our Decision

By letter dated October 15 , 201 5 , you petitioned the Federal Aviation Administration (FAA)

on behalf of U.S. Customs and Border Pr otection, Office of Air and Marine (CBPAM) for an extension of Exemption No. 10490 , as amended . The exemption provides relief from §§ 91.111(b), 91.117(a), (b), and (c), 91.119(c), 91.159(a), and 91.209(a)(1) and (b) of

Title 14, Code of Federal Regulatio ns (14 CFR) to allow CBPAM to conduct air operations in support of drug law enforcement and drug traffic interdiction.

In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safety that w ere 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 . The requested extension of the exemption would not set a precedent, and any delay in ac ting on this petition would be detrimental to CBPAM.2

Our Decision

Under the authority containe d in 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA

Administrator has delegated to me, I hereby grant U.S. Customs and Border Protection , Office

of Air and M arine (CBPAM) an exemption from 14 CFR §§ 91.111(b), 91.117(a), (b), and (c), 91.119(c), 91.159(a), and 91.209(a)(1) and (b) to the extent necessary for CBPAM to conduct air operations in support of drug law enforcement and drug traffic interdiction, subj e ct to the conditions and limitations described below.

Conditions and Limitations

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

from the see and av oid requirements of § 91.113 ( Right

- way

- rules: Except water operations ) o r any other regulatory requirement not specifically relieved under this exemption.

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, vessel, or vehicle.

3. When operating under this exemption, the pilot must ensure that a dedicated observer, in addition to the pilot, is onboard the interdiction aircraft. The observer’s responsibility must be to assist the pilot in seeing and avoiding other

aircraft. 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 t he interdiction aircraft, or a dedicated spotter aircraft with a qualified observer on board, m ust be used to assist the pilot of the interdiction aircraft in detecting and avoiding another aircraft. Spotter aircraft or aircraft having onboard primary rada r equipment for the purpose of detecting other aircraft must maintain two

- way radio communications with the interdiction aircraft with advisories regarding the relative positions of other aircraft in the area. Spotter aircraft and primary radar surveillan ce aircraft must 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 must not be engaged in the interdiction operation.

4. Relief from the provisi ons of § 91.117(a) and (c) is granted provided a dedicated observer having the sole responsibility to assist the pilot in detecting and avoiding other aircraft is onboard the aircraft. Further, the FAA has determined that relief from the provisions of § 9 1.117(b) is granted provided the CBPAM pilot

establishes two

- way radio communication with the appropriate air traffic control tower (ATCT) controller, maintains two

- way radio communication with the appropriate ATCT before entering the affected ATCT’s airsp ace, complies with any instructions or clearances from the ATCT controller, and maintains two

- way3

radio communication with the appropriate ATCT for the duration of operations within ATCT’s airspace. Additionally, as in the case of relief from the provisio ns of § 91.117(a) and (c), a dedicated observer must be on board the aircraft to watch for, and alert the pilot to, other aircraft. The use of ATC traffic advisory service, when available, is highly recommended. This grant of exemption, however,

should n ot be construed as obligating any ATC facility to provide traffic advisory service, and the receipt of ATC traffic advisory does not relieve the CBPAM pilot from the responsibility to see and avoid other aircraft.

5. The FAA is authorizing CBPAM to operate its aircraft at altitudes in noncompliance with § 91.119(c):

a. Only for law enforcement or drug interdiction operations in a mission

compromised situation; and

b. Provided the CBPAM aircraft may be operated as close as 200 feet from the suspect but no closer th an 500 feet from other persons, vehicles, vessels, or

structures.

6. The FAA is authorizing CBPAM to operate its aircraft at altitudes in noncompliance with § 91.159(a):

a. Only to the extent necessary to obtain positive identification of a suspect

aircraft and to maintain visual contact with that aircraft; and

b. Provided a dedicated onboard observer will assist the pilot in seeing and avoiding other aircraft. A pilot of the CBPAM aircraft may not operate at an altitude in noncompliance with § 91.159(a) within AT CT controlled airspace unless specifically authorized by the ATC facility having jurisdiction over that airspace. Additionally, the CBPAM aircraft must be equipped with an operable transponder with automatic altitude reporting capability (Mode C)

that is replying on the appropriate code assigned by ATC.

7. Operations in noncompliance with § 91.209(a)(1) and (b) are authorized only for those aircraft engaged in air interdiction operations and only when one of the following alternative means of deriving air tr affic information is used:

a. Primary radar equipment capable of detecting all aircraft operating within the vicinity of the interdiction aircraft; or

b. Spotter aircraft operating in a position to visually detect other aircraft in the vicinity of the interdicti on aircraft. Interdiction aircraft must maintain two

- way radio communications with the spotter aircraft for the purpose of receiving air traffic information regarding other aircraft operating in the vicinity and for advising the pilot of the interdiction aircraft of potential collision hazards. Only CBPAM interdiction aircraft are authorized to operate without lighted4

position/anti

- collision lights. Any other aircraft used by the petitioner as spotter aircraft or primary radar surveillance aircraft must be operated in compliance with § 91.209(a)(1) and (b). Interdiction aircraft must operate the aircraft’s position lights to the maximum extent practicable and may only operate without lights when necessary to avoid detection by elements engaged in illegal drug activities.

8. The pilot of the interdiction aircraft must:

a. Establish two

- way radio communication with the appropriate ATCT before entering the ATCT’s airspace area;

b. Maintain two

- way radio communication while within the affected ATCT’s airspace area;

c. C omply with all instructions and clearances from the ATCT; and

d. If available, should receive ATC advisory service from the ATCT.

9. CBPAM must ensure that all pilots and crewmembers who will conduct airborne drug interdiction are thoroughly briefed and have a complete understanding of the conditions and limitations of this exemption.

10. CBPAM must 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.

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

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 10490 , as amended, to March 31

, 201 8 , unless sooner superseded or res cinded. Sincerely,

/s/

John B arbagallo Deputy Director, Flight Standards Service