AJV-16-0007-E

Exemption No. 17093

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

UNITED STATES Regulatory Docket No. FAA-2015-6462

COAST GUARD

 

for an exemption from § 91.155(a) 

of Title 14, Code of 

Federal Regulations 

 

GRANT OF EXEMPTION

 By letter dated September 17, 2015, Captain J. B. Kimball, United States Coast Guard 

(USCG), COMDT CG-711 Aviation Forces, 2703 Martin Luther King Jr Avenue Southeast, 

Washington, DC, 20593-7331 petitioned the Federal Aviation Administration (FAA) on behalf 

of USCG for an exemption from § 91.155(a) of Title 14, Code of Federal Regulations 

(14 CFR). The proposed exemption, if granted, would provide relief to USCG Air Operations 

to operate aircraft under Visual Flight Rules (VFR) when the flight visibility is less, or at a 

distance from clouds that is less, than that prescribed for the corresponding altitude and class of 

airspace, for the purpose of carrying out the USCG’s search and rescue mission. 

The petitioner requests relief from the following regulation:

Section 91.155(a) prescribes, in pertinent part, that:

(a) Except as provided in paragraph (b) of this section and § 91.157, no person may 

operate an aircraft under VFR when the flight visibility is less, or at a distance from 

clouds that is less, than that prescribed for the corresponding altitude and class of 

airspace in the following table:
2

The petitioner supports its request with the following information:

The petitioner states that the USCG has a need to deviate from 14 CFR § 91.155(a) in 

order to carry out their unique homeland security, law enforcement, and search and rescue 

responsibilities. The petitioner cites Title 6 U.S.C. § 468, as the USCG’s authority to conduct 

non-homeland security and homeland security missions. The petitioner also provides that 

search and rescue is defined as a non-homeland security mission of the USCG1.

 

1

6 USC § 468(a)(1)(B)
3

Additionally, the petitioner states that the USCG currently holds Exemption No. 100552

which exempts the USCG from §§ 91.117(b) and (c), 91.119 (c), 91.155(a), 91.159(a), and 

91.209(a) and (b) of 14 CFR for law enforcement, and the USCG requests an exemption to 

§ 91.155(a) for the additional statutory missions of search and rescue, urgent law enforcement 

and certain Homeland Security operations deemed critical for national security. The petitioner 

states that the USCG has a unique operational requirement to operate in the most extreme 

weather conditions in order to accomplish its non-homeland security and homeland security 

missions. The petitioner provides that in accordance with USCG guidance, USCG flights are 

conducted under instrument flight rules (IFR) whenever practical3. However, there are certain 

situations in which FAA regulations and Department of Defense guidance do not allow the 

operational flexibility required to successfully complete the USCG’s statutory missions of nonhomeland security and homeland security missions. It is for this reason that an exemption from 

§ 91.155(a) is required. 

Further, the petitioner provided mitigations to provide a level of safety at least equal to 

that provided by § 91.155(a):

1. The USCG shall promulgate local operating procedures that include specific deconfliction measures, tactical communications plans, low-visibility routes, and training 

programs to prepare aircrews for potential operations under this exemption.

2. The USCG shall establish agreements and procedures with affected air traffic facilities 

and airspace user groups for operations under this exemption. 

3. The USCG shall incorporate risk mitigation strategies during their preflight planning to 

specifically address operations under this exemption. 

4. USCG Aircraft Commanders (ACs) shall ensure that air traffic understands the 

operational intent, expected route of flight, and pilot’s plan for regaining 

communications and IFR clearance or attaining Visual Meteorological Conditions 

(VMC). 

5. USCG ACs shall broadcast their intentions on applicable common or guard frequencies 

before initiating operations under this exemption, and shall utilize all available 

resources (e.g., High Frequency (HF), Satellite Communications (SATCOM), 

Aeronautical Radio Incorporated (AIRINC), aircraft relay) to acquire an IFR clearance 

as soon as possible. 

6. USCG ACs shall utilize all onboard applicable sensors, radar, and Traffic Alert and 

Collision Avoidance System (TCAS) to enhance situational awareness, and avoid other 

traffic and terrain.

 

2 Regulatory Docket No. FAA-2002-11723-0013

3 Coast Guard Air Operations Manual, COMDTINST 3710.1 (series)
4

7. The USCG shall incorporate specialized training for operations under this exemption 

into required initial and semiannual recurrent training.

Finally, the petitioner states that the USCG anticipates operations of this nature to be 

required outside of the United States, and will not be in compliance with International Civil 

Aviation Organization (ICAO) standards. The USCG requests that the FAA file a request for 

exemption to operate under this exemption outside of the United States.4The petitioner has 

requested an exemption to ICAO Annex 2, Chapter 3, Section 3.9.5 

 Although the petitioner requested that the FAA waive publication in the Federal 

Register due to operational security reasons, the FAA found that the petition, if granted, would 

set a precedent. Therefore, to allow an opportunity for the public to comment on the petition, a 

summary of this petition was published in the Federal Register on January 12, 2016 

(81 FR 1468). No comments were received.

The FAA’s analysis is as follows:

In their exemption request, the USCG states their requirement to deviate from 

§ 91.155(a) in order to carry out their unique homeland security, law enforcement and search 

and rescue responsibilities.6The FAA finds that the USCG is already granted an exemption 

from 14 CFR § 91.155(a) in order to carry out their drug law enforcement, drug traffic 

interdiction missions or assigned homeland security missions.7Therefore, the FAA’s analysis 

and decision will focus solely on relief from § 91.155(a) for the purpose of search and rescue 

missions. 

On December 24, 2009 the USCG petitioned the FAA for an exemption to § 91.155(a) 

(among others) for the USCG to operate in weather less than prescribed in the part in order to 

execute search and rescue missions and to interdict, identify, and signal aircraft during National 

Defense air intercept operations.8In response to the request the FAA granted the USCG a 3-

year exemption from § 91.155(a) (among others) to conduct air operations in support of drug 

law enforcement, drug traffic interdiction missions or assigned homeland security missions.9

The FAA has granted two extensions since the initial grant. 

The search and rescue mission of the USCG is defined as a non-homeland security 

mission, while drug interdiction and law enforcement are defined as homeland security 

missions.10 Although the USCG requested relief from § 91.155(a) (among others) for the 

purpose of search and rescue and homeland security missions, relief from § 91.155(a) was only 

granted for homeland security missions. The exemption states, “Relief from the provision of 

§ 91.155(a) is granted only to the extent necessary to conduct aircraft operations in support of 

 

4

14 CFR § 11.83

5

ICAO Annex 2 to the Convention on International Civil Aviation, Rules of the Air, page 3-9

6 Regulatory Docket No. FAA-2015-6462-0001

7 Regulatory Docket No. FAA-2002-11723-0017

8 Regulatory Docket No. FAA-2002-11723-0010

9 Regulatory Docket No. FAA-2002-11723-0011

10 6 USC § 468
5

drug law enforcement, drug traffic interdiction or assigned homeland security missions.”11 The 

original grant of exemption does not address the rationale behind limiting the relief in the 

exemption to homeland security missions but not for search and rescue missions. The USCG 

has been safely and successfully conducting drug law enforcement, drug traffic interdiction, 

and other homeland security missions, under exemption from § 91.155(a), with certain 

conditions and limitations, since April 2010. Additionally, the USCG has been safely and 

successfully conducting search and rescue missions under certain part 91 exemptions, not 

including § 91.155(a), since April 2010. 

The FAA recognizes that the USCG has the statutory requirement to conduct missions 

defined as homeland and non-homeland security missions, including search and rescue 

missions.12 Additionally, the FAA acknowledges that effective and efficient search and rescue 

missions may necessitate aircraft operations in weather conditions below basic VFR weather 

minimums. The FAA further recognizes that search and rescue operations are in the public 

interest. However, air safety regulations are similarly in the public interest, as they promote 

flight safety and the protection of life and property. Therefore, the granting of relief from 

provisions of the CFR will be limited to conduct search and rescue operations to the extent that 

alternate measures can be employed to provide a level of safety equivalent to the rule from 

which relief is granted. 

Air Traffic Control (ATC) radar systems which can detect the presence of other aircraft 

operating in the vicinity of a USCG aircraft along with the means to communicate that 

information to the USCG pilot in a timely manner, can provide supplementary traffic 

information to assist the pilot in seeing and avoiding other aircraft. Air traffic control radar 

traffic advisory service or USCG resources may provide this supplemental information, and the 

utilization of ATC services is encouraged. However, in the case of ATC traffic advisories, 

adequate radar coverage may not be available in all areas nor will an ATC facility always have 

the resources available to provide those advisories. Aircraft-based onboard sensors, radars, and 

Traffic Alert and Collision Avoidance System (TCAS) can enhance the pilot’s situational 

awareness and be used to avoid other traffic and terrain. Pilots may broadcast their intentions 

on applicable common or guard frequencies before initiating operations in order to alert other 

aircraft in the area to their intended operation. Additionally, a dedicated observer onboard the 

aircraft, with the sole responsibility to assist the pilot in detecting and avoiding other aircraft, 

serves to further supplement the pilot’s situational awareness. Further, understanding and 

awareness by ATC of the USCG aircraft’s operational intent, route of flight, and plan for 

regaining communications and/or attaining visual meteorological conditions (VMC), if the 

situation dictates, serves to increase the situational awareness of the ATC facility. These types 

of search and rescue missions, conducted in cloud clearance and visibility conditions below the 

requirement for VFR aircraft operations, are often done so in weather conditions that precludes 

other aircraft from operating simultaneously at the same locations. Under this exclusionary 

operating environment, and by using technology onboard the aircraft, aircraft-to-aircraft and 

aircraft-to-ATC communications plans, and a dedicated visual observer, operations under 

exemption from the rule may be conducted safely. 

 

11 Regulatory Docket No. FAA-2002-11723-0017

12 6 USC § 468
6

The petitioner states that they anticipate a need to conduct search and rescue operations 

under exemption from ICAO standards outside the United States. The FAA finds that the 

USCG can conduct search and rescue missions outside the United States, without complying 

with VMC visibility and distance from cloud minima requirements, under “due regard” in 

accordance with current FAA and DoD guidance. Therefore, exemption from ICAO 

requirements to conduct search and rescue operations outside the United States is not 

necessary. 

The FAA’s Decision

 In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40103, 40113 and 44701, 

delegated to me by the Administrator, United States Coast Guard is granted an exemption from 

14 CFR § 91.155(a) to the extent necessary to allow USCG to operate an aircraft under VFR 

when the flight visibility is less, or at a distance from clouds that is less, than that prescribed for 

the corresponding altitude and class of airspace, for the purpose of carrying out the USCG’s 

search and rescue mission, subject to the conditions and limitations listed below.

Conditions and Limitations

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

see-and-avoid requirements of § 91.113, “Right of way rules: Except water operations”, 

or any other requirements of 14 CFR not specifically relieved under this exemption.

2. Operations under this exemption are authorized only to the extent necessary for search 

and rescue aircraft to accomplish the assigned USCG mission. Operations may be 

conducted without meeting the requirements of § 91.155(a) provided:

a. A dedicated observer having the sole responsibility to assist the pilot in 

detecting and avoiding other aircraft is onboard the aircraft;

b. Radio communication is established with the appropriate ATC facility before 

entering the affected airspace and be maintained for the duration of the operation 

within that airspace. If radio communication cannot be maintained for the 

duration of the operation, pilots must ensure that air traffic understands the 

pilot’s plan for regaining communications. The use of air traffic advisory 

service, when available, is highly recommended. However, this grant of 

exemption should not be construed as obligating any ATC facility to provide air 

traffic advisory service. The receipt of air traffic advisory service does not 

relieve the USCG pilots from the responsibility to see-and-avoid other aircraft;

c. Pilots comply with any instructions or clearances from the ATC facility; 

d. Pilots shall ensure that air traffic understands the operational intent, expected 

route of flight, and pilot’s plan for regaining communications (if necessary) and 

IFR clearance or attaining Visual Meteorological Conditions (VMC). 
7

e. Pilots shall broadcast their intentions on applicable common or guard 

frequencies before initiating operations under this exemption, and shall utilize 

all available resources (e.g., High Frequency (HF), Satellite Communications 

(SATCOM), Aeronautical Radio Incorporated (AIRINC), aircraft relay) to 

acquire an IFR clearance as soon as possible. 

f. Pilots shall utilize all onboard applicable sensors, radar, and Traffic Alert and 

Collision Avoidance System (TCAS) to enhance situational awareness, and 

avoid other traffic and terrain.

3. The petitioner must ensure that all aircraft used to conduct operations under this 

exemption are equipped with an operable transponder with automatic altitude reporting 

capability (Mode C) that is transmitting on the appropriate code or as assigned by ATC. 

4. This exemption, and the conditions and limitations contained within, is only authorized 

to be performed in airspace that overlies the coastline of the United States and territorial 

waters, not to exceed 12 nautical miles (NM) from the coastline of the United States. 

Operations beyond 12 NM may be conducted under “due regard” in accordance with 

applicable ICAO, FAA, and Department of Defense guidance. Operations beyond 12 

NM from the coastline of the United States but within the airspace and territorial waters 

of another sovereign nation must be conducted under the appropriate ICAO procedure 

guidance.

5. This exemption applies to USCG and USCG Auxiliary manned aircraft only. 

Unmanned aircraft are prohibited from operating under this exemption. 

6. The petitioner shall promulgate local operating procedures that include specific deconfliction measures, tactical communications plans, low-visibility routes, and training 

programs to prepare aircrews for potential operations under this exemption.

7. The petitioner shall establish agreements and procedures with affected air traffic 

facilities and airspace user groups for operations under this exemption. 

8. The petitioner shall incorporate risk mitigation strategies during their preflight planning 

to specifically address operations under this exemption. 

9. The petitioner shall incorporate specialized training for operations under this exemption 

into required initial and semiannual recurrent training.
8

10. The petitioner must ensure that all pilots and crewmembers who will conduct aircraft 

operations under the authority of this exemption are thoroughly briefed and have a 

complete understanding of the conditions and limitations of this exemption. 

This exemption terminates on September 30, 2018, unless sooner superseded or rescinded.

Issued in Washington, D.C., on 8 September 2016. .

/s/

Gary Norek

Director, Airspace Services

 Air Traffic Organization 
9

Project No.: AJV-16-0007-E

Project Officer: _______________

ARM-102:DWilliams:

ARM-1/100/102:Program Office AJV-11

Captain James O’Keefe

COMDT CG-711 Aviation Forces

2703 Martin Luther King Jr Avenue SE

Washington, DC 20593-7331