U.S. Department**o~·** Homeland Security : · • United States Coast Guard 

## MEMORANDUM**(l~/}** From:

### 'Ji{3':1{_,{i!yi~**APT** COMDT (CG
-711) Commandant United States Coast Guard 2703 Martin Luther Ki ng Jr Ave SE Washington, DC 20593-7331 Staff Symbol: CG-711 Phone: (202) 372-2201 Fax: (202) 372-2902 3124 

### OCT 2 62015 Reply to FAA Liaison Attn of: CAPT J. O'Keefe 202-731-1 081 To: FAA Director ofFlight Standards Service (AFS-1) Subj: RENEWAL REQUEST FOR U.S . COAST GUARD EXEMPTION 10055A Ref: (a) Your letter of 13 March 13 (b) DOD FLIP General Planning 1 . The U.S . Coast Guard (USCG) requests a renewal ofExemption 10055A, Re!:,rulatory Docket No. I FAA- 2002-11723 dated Apri122, 2013 . 2. The USCG has a requirement to deviate from certain Federal Aviation Regulations (FARs) in order to carry out our unique homeland security, law enforcement and search and rescue responsibilities. The USCG is the Nation's leading maritime law enforcement agency and has broad, multifaceted, jurisdictional authority. The Coast Guard's authority for personnel and missions are provided as follows in U.S. Code: a. Title 14 USC§ 1: The Coast Guard as establishedJanuary 28 , 1915, shall be a military service and a branch of the armed forces of the United States at all times. b. Title 10 USC§ 101: The term "armedforces II means the Army, Navy, Air Force, Marine Corps, and Coast Guard c. Title 14 USC§ 2 : The Coast Guard shall enforce or assist in the enforcement ofall applicable Federal laws on, under, and over the high seas and waters subject to thejurisdiction of the United States; andshall engage in maritime surv eillance or interdiction to enforce or assist in the enforcement of laws of the United States ...shall develop, establish, maintain, and operate, with due regard to the requirements of national defense, aids to maritime navigation, icebreakingfacilities, and rescue facilitiesfor thepromotion of sqfety on, under, and over the high seas and waters subject to the jurisdiction of the United States...and shall maintain a state a,(readiness offunction as a specializedservice in the Navy in time ofwar, including the fuljillment o_{Maritime Defense Zone command responsibilities. 

### d. Title 6 USC 

### § 468 : (1) Non-homeland security missions. The term "non-homeland security missions II means the following missions of the Coast Guard: (a) Marine safety. (b) Search and rescue. (c) Aids to navigation. (d) Living marine resources (fisheries law enforcement). (e) Marine environmentalprotection.Subj: RENEWAL REQUEST FOR U.S. COAST GUARD EXEMPTION 1 0055A 3124 

# ocr 26201s

a. 91.117(b) and (c)
- Aircraft Speed. Aircraft operations at speeds in excess ofthose prescribed may be essential to the success ofSAR response and all Homeland Security missions. b. 91.119(c)
- Minimum Safe Altitudes . Operations below 500 feet AGL/AWL may be necessary to identify ofsignal during SAR and all Homeland Security missions, or pursue and track targets for all Homeland Security missions. All USCG fixed
-winged aircraft engaged in operations below 500 feet are multi-engine, radio, TCAS and radar altimeter equipped. We are confident that an acceptable margin ofsafety can be maintained over open water at altitudes below 500 feet and less than 500 feet oflateral separation without hazard to persons or property. c. 91.155(a)- Visibility and Cloud Clearance. The USCG recently submitted an exemption request for this section that will allow USCG to conduct Search and Rescue operations under relieffrom basic VFR weather minimums. Pending the results ofthat request, the USCG still request the exemption as previously granted for drug law enforcement, drug traffic interdiction missions or ac;;signed homeland security missions. d. 91.159(a)
- VFR Cruising Altitude. I Operation at other than the appropriate VFR cruising altitudes is necessary to identify, track, and remain undetected by targeted aircraft. e. 91.209(a)
- Aircraft Lights. Operations without position lights are required in order t o maintain covert surveillance oftargets for Homeland Security missions at night. f. 91.209(b)
- Aircraft-Ant i
-collision Lights. Operations without anti-collision lights are required in order to maintain covert surveillance oftargets for Homeland Security missions at night. 5. The USCG recognizes that safety offlight is paramount. We will continue to require specialized training for our flight crews, including init ial and semiannual recurrent training. Additionally, this exemption will be incorporated into ref(a). 6. We ask that the requirement to publish this petition in the Federal Register be waived for operational security reasons. Withholding policies and protocols from general knowledge is necessary due to the tactical use ofthis exemption for homeland security and law enforcement missions. 7. My point ofcon tact for this matter is Captain Jim O'Keefe. He can be contacted at (202) 731
- l 081 or by email at James.S.O'Keefe@USCG.mil. 

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