U.S. Homeland Department Security o~· : · • 

United States 

Coast Guard 

MEMORANDUM (l~/} 

From: 'Ji{3':1{_,{i!yi~APT COMDT (CG-711) 

Commandant 

United States Coast Guard 

2703 Martin Luther King Jr Ave SE 

Washington, DC 20593-7331 

Staff Symbol: CG-711 

Phone: (202) 372-2201 

Fax: (202) 372-2902 

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OCT 2 6 2015 

Reply to FAA Liaison 

Attn of: CAPT J. O'Keefe 

202-731-1 081 

To: FAA Director of Flight 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. IFAA- 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 established January 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 the jurisdiction 

of the United States; and shall engage in maritime surveillance 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 facilities for the promotion 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 specialized service 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 environmental protection. 
Subj: RENEWAL REQUEST FOR U.S. COAST GUARD 

EXEMPTION 1 0055A 

3124 

ocr 2 6 201s 

a. 91.117(b) and (c) - Aircraft Speed. Aircraft operations at speeds in excess of those 

prescribed may be essential to the success of SAR response and all Homeland Security missions. 

b. 91.119( c) - Minimum Safe Altitudes. Operations below 500 feet AGL/ AWL may be 

necessary to identify of signal 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 of safety can be maintained over open water at altitudes 

below 500 feet and less than 500 feet of lateral 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 

relief from basic VFR weather minimums. Pending the results of that 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.IOperation 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 to 

maintain covert surveillance of targets for Homeland Security missions at night. 

f. 91.209(b) - Aircraft -Anti-collision Lights. Operations without anti -collision lights are 

required in order to maintain covert surveillance of targets for Homeland Security missions at 

night. 

5. The USCG recognizes that safety of flight is paramount. We will continue to require 

specialized training for our flight crews, including initial 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 of this exemption for homeland security and law enforcement 

missions. 

7. My point of contact 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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