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MARKSTILLIAMS

COMMISSIONER

U.S. Department of Transportation

Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE.

Washington, DC 20590

August 28,2012

Georgia Department of Natural Resources

Aircraft Support Unit-Law Enforcement

4005 Fulton Industrial Blvd.

Atlanta Georgia, 30336

Authority: Title 14, Code of Federal Regulations, Part 11-15

Purpose: Petition for Exemption to FAR 91-205(h)

The Georgia Department of Natural Resources (DNR), Aircraft

Federal Aviation Administration for an exemption from Federal

Support Unit-Law Enforcement, petitions the

Regulation (FAR) 91.205(h).

DAN FORSTER

DIRECTOR

The Georgia Department of Natural Resources is a State of Georgia government agency charged with

conserving and managing the state's natural resources, and providing public safety. The Aircraft Support Unit is

part of the Law Enforcement Section of the Wildlife Resources Division and operates a fleet of (3) FAA

certificated Bell Helicopters: (1) Bell 407, (1) Bell 206L-4, and (1) Bell 2068-3.

Georgia is one of the most naturally diverse states in the country, ranging from mountains and valleys of

northwest Georgia to thousands of acres of farmland in the south to marshlands along the coast. Coastal Georgia

alone consists of a half-million acres of estuaries containing: 368,000 acres of salt marsh, 3,400 miles of tidal

shoreline, 100 miles of sand beaches, 14 banier islands, and 300 square miles of state territorial waters.

Georgia's statewide network of deepwater ports and inland barge operations, to include two of the busiest ports

on the east coast of the U.S. add to the challenges of providing security and public safety in an environment of

minimal, or non-existent, ambient light for night air operations.

DNR has used and relied upon Night Vision Goggles (NVG) for more than 16 years to mitigate the inherent

risks of night flight operations over this environment in the prosecution of our duties to preserve resources,

enforce laws and regulations, conduct search and rescue, officer safety for DNR Rangers on the ground, port

security, assisting Coast Guard and Homeland Security assets, and public safety to more than 9 million people

living in the state. FAR 91.205(h) has significantly impacted our ability to conduct our missions at night and

still maintain a level of safety and effectiveness. FAR 91.205(h) has forced us to suspend NVG operations in

our aircraft resulting in a significant reduction in our ability to provide public safety services, and safety for our

aircrews.

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U.S. Department of Transportation

Attachment (2)

August 28,2012

Page2

The DNR Aircraft Supporl Unit has safely operated at night with NVG's with the factory cockpit lighting

dimmed without a single incident or accident since operations began many years ago. All of our pilots are exmilitary with numerous hours and experience flying on NVG's. We utilize ITT Industries AN/AVS-9 F4949

Generation III devices that are maintained to manufacturer specifications by Night Flight Concepts, Inc.

Specific policies and procedures are documented in our Operations Manual (See Attachment 1) to ensure safe

NVG operations relative to training, proficiency and flight planning. We are confident we will continue to

operate safely at night with NVG's while operating under exemption from FAR 91.205(h).

The State of Georgia continues to experience significant budget shorlfalls for the last several years due to

reduced revenues and higher operating costs, and projected to remain so for the next few years. DNR has

received estimates to upgrade the cockpit lighting of all three aircraft from an approved vendor that exceeds

$75,000 per aircraft. Budgetary constraints will not allow us to allocate the funds for the lighting upgrade to be

in compliance with FAR 91-205(h) fot the next few years. Efforts are ongoing to pursue available grant money,

and in the next legislative session, to bring all aircraft into compliance.

DNR is requesting exemption from FAR 91.205(h) for a period of (2) years, with a review at the end of that

period for extension if needed. The exemption is requested for the following aircraft'.

NSNR SA{53382 Bell407

N35NR SAI 52137 Bell206L-4

N38NR SA{ 3288 Bell2068-3

A summary of the Petition for Exemption to FAR 91.205(h) is attached for publication in the Federal Register

(Attachment 2).

Please feel free to contact me for further information, and thank you for your consideration.

k{M*-

Captain Ed Watkins

Georgia Department of Natural Resources

Aircraft Support Unit

(912)638-271

(912)634-8541 Fax

ed.watkins@dnr. state. ga.us
U.S. Department of Transportation

Attachment (2)

August 28,2012

Page 3

SUMMARY: The Georgia Department of Natural Resources (DNR), Aircraft Support Unit-Law Enforcement,

submits a Petition for Exemption from CFR 14 FAR 91.205(h) to allow agency aircraft to continue to operate at

night with Night Vision Goggles (NVG) utilizing current factory lighting in certificated Bell Helicopters. DNR

has used and relied upon Night Vision Goggles (NVG) for 17 years to mitigate the inherent risks of night flight

operations in the prosecution ofduties to preserve resources, enforce laws and regulations, conduct search and

rescue, officer safety to DNR Rangers on the ground, port security, assisting Coast Guard and Homeland

Security assets, and public safety to more than 9 million people living in the state. DNR is requesting exemption

from FAR 91.205(h) for a period of (2) years, with a review at the end of that period for extension if needed. .

Efforts are ongoing to pursue available grant money for the upgrade, and in the next legislative season to bring

all aircraft into compliance.