AFS-13-180-E 

March 12, 2013 

 Exemption No. 10300A 

 Regulatory Docket No. FAA-2011-0688 

Mr. Lothar Eckardt 

Executive Director 

U.S. Customs and Border Protection 

1300 Pennsylvania Avenue, NW 

Washington, DC 20229 

Dear Mr. Eckardt: 

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

No. 10300. It explains the basis for our decision, describes its effect, and lists the conditions 

and limitations. 

The Basis for Our Decision 

By letter dated January 14, 2013, you petitioned the Federal Aviation Administration (FAA) 

on behalf of U.S. Customs and Border Protection (CBP) for an extension of Exemption 

No. 10300. That exemption from § 91.209(a)(1) and (b) of Title 14, Code of Federal 

Regulations (14 CFR) allows CBP to conduct air operations in support of drug law 

enforcement and drug traffic interdiction using unmanned aircraft systems (UAS), without the 

use of aircraft lights. 

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 CBP. 
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Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 10300 

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. The pilot-in-command (PIC) of an aircraft engaged in operations authorized herein 

is not relieved from the see and avoid requirements of § 91.113, Right-of-wayrules: Except water operations, or any other regulatory requirement not 

specifically relieved under this exemption. 

2. Operations under this exemption are authorized only in Certificate of Waiver or 

Authorization (COA) approved areas of responsibility (AORs) in Class A airspace 

and only to the extent necessary for the interdiction aircraft to obtain positive 

identification of and maintain contact with a suspect person(s), aircraft, vessel, or 

vehicle. 

3. Operations in noncompliance with §§ 91.209(a)(1) and (b) are authorized only for 

those aircraft actively engaged in air interdiction operations and only when 

continuous primary and secondary radar coverage capable of detecting all aircraft 

operating within the vicinity of the interdiction aircraft exists. 

4. The PIC of the interdiction aircraft must: 

a. File and maintain an active IFR flight plan. 

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

(ATC) facility before entering the Class A controlled airspace; 

c. Maintain two-way radio communication while within the Class A controlled 

airspace; 

d. Comply with all instructions and clearances from ATC, including instructions 

to terminate lights out activity if necessary; and 

e. Ensure continuous primary and secondary radar coverage when operating with 

lights out under the authority of this exemption. 

5. CBP must ensure that all pilots-in-command, supplemental pilots, observers and 

any crewmembers who conduct airborne UAS drug interdiction operations using 

this authority are thoroughly briefed and have a complete understanding of the 

conditions and limitations of this exemption. 
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6. The petitioner must ensure that all UAS used to conduct operations under this 

exemption are equipped with an operable Mode C or Mode S transponder and that 

the transponder is operated on the appropriate code or as assigned by ATC. 

7. In the event of an in-flight emergency or loss of command and control link, CBP 

must comply with §§ 91.209(a)(1) and (b). 

8. When ATC issues a traffic advisory involving the UAS, if operationally feasible, 

CBP must activate UAS lights (position and anti-collision) until advised by ATC 

that the previously issued traffic advisory is no longer a factor. 

9. CBP must comply with all Letters of Procedure between the Department of 

Defense and the Department of Homeland Security. 

10. All other conditions and limitations of the petitioner’s COAs remain in effect 

except for aircraft lighting and only when exercising the authority granted under 

this exemption. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 10300 to June 30, 2015 unless 

sooner superseded or rescinded. 

Sincerely, 

/s/ 

Michael J. Zenkovich 

Deputy Director, Flight 

 Standards Service