AFS

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- 689

- E April 17, 2015

Exemption No. 10300B Regulatory Docket No. FAA

- 2011

- 0688

Mr. Richard Booth

Director Domain Operations and Integration

U.S. Customs and Border Protection

1300 P ennsylvania Avenue, NW Washington, DC 20229

Dear Mr. Booth :

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 limitat ions.

The Basis for Our Decision

By letter dated February 10, 2015 , 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 peti tion

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

.2

Our Decision

The FAA has determined that the justification for the issuance of E xemption 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. §§ 106(f), 40113 and 44701, which the FAA Administrator has delegat ed 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

- way

rules: Except water op erations, 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 f or 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 interdictio n aircraft must:

a. File and mai ntain 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 understand ing of the conditions and limitations of this exemption.3

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 appropr iate 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, 201 7 unless sooner superseded or rescinded.

Sincerely,

/s/ John Barbagallo Acting Deputy Director, Flight Standards Service4

Project No.: AFS

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- 689

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Project Officer: _______________

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MR. RICHARD BOOTH

DIRECTOR

DO MAIN OPERATIONS AND INTEGRATION

U.S. CUSTOMS AND BORDER PROTECTION 1300 PENNSYLVANIA AVENUE, NW WASHINGTON, DC 20229