AFS-11-124-E Feb 09 2011

Exemption No. 5305I Regulatory Docket No. FAA-2000-8419

Lt. Col. Timothy M. Kersey Department of the Air Force

HQ AFFSA/A3O

6500 South MacArthur Blvd. Bldg 4, Rm. 124 Oklahoma City, OK 73169

Dear Lt. Col. Kersey:

This letter is to inform you that we have granted your petition to extend Exemption No. 5305, as amended. It explains the basis for our decision and describes its effect.

The Basis for Our Decision

By letter dated January 7, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of the Department of the Air Force (USAF) for an extension of Exemption No. 5305, as amended. That exemption from § 91.209(a)(1) and (b) of Title 14, Code of Federal Regulations (14 CFR) allows the USAF to c onduct counternarcotics aircrew flight training operations in support of drug law enforcement and drug traffic interdiction, without lighted aircraft position or anticollision 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 the USAF.2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 5305, as amended, 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.

Conditions and Limitations

1. The pilot of an aircraft engaged in operations herein is not relieved from the requirements of § 91.113 to see and avoid other aircraft.

2. Operations under this exemption are authorized only to the extent necessary for the training of pilots in counternarcotics activity.

3. Only pilots in the Department of the Air Force counternarcotics training aircraft are authorized to operate their aircraft without lighted position lights. Any other aircraft used by the Department of the Air Force as spotter aircraft or primary radar surveillance aircraft in conjunction with the training exercise must be operated in compliance with § 91.209(a) and (b).

4. The petitioner shall ensure that all pilots and crewmembers who will conduct airborne counternarcotics training operations are thoroughly briefed and have a complete understanding of the conditions and limitations of this exemption.

5. The petitioner shall ensure that all aircraft used to conduct counternarcotics training 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 Air Traffic Control

(ATC).

6. Training operations authorized under this exemption shall be conducted within ATC assigned airspace (ATCAA) in accordance with letters of agreement drawn between the Department of the Air Force and respective ATCAA controlling facilities.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 5305, as amended, to April 30, 2013, unless sooner superseded or rescinded.3

All conditions and limitations of Exemption No. 5305, as amended, remain the same. This letter must be attached to, and is a part of, Exemption No. 5305.

Sincerely,

/s/

John M. Allen Director, Flight Standards Service