AFS

- 13

- 210

- E March 22, 2013

Exemption No. 10055 A Regulatory Docket No. FAA

- 200 2

- 11723

Captain Matthew Sisson

U.S. Coast Guard

Office of Aviation Forces

2100 2 nd Street, SW. Washington, DC 20593

- 7359

Dear Captain Sis son :

This letter is to inform you that we have granted your petition to extend Exemption No.

10055 . It explains the basis of our decision , describes its effect , and lists the conditions and limitations of the exemption.

The Basis for Our Decision

By letter posted February 6, 2013 , you petitioned the Federal Aviation Administration (FAA)

on behalf of the United States Coast Guard (USCG) and the USCG Auxiliary (USCGA) for an exemption from §§ 91.117(b) and (c), 91.119(c), 91.1 55(a), 91.159(a), and 91.209(a) and (b)

of Title 14, Code of Federal Regulations (14 CFR) to allow the USCG to conduct air operations in support of drug law enforcement and drug traffic interdiction without meeting part 91 provisions governing: (1) aircra ft speed ; (2) minimum safe altitudes ; (3) cruising operations for flights cond ucted under visual flight ru les (VFR) ; and (4) use of aircraft lights.

In your petition, you indicate that there has been no change in the conditions and reasons relative to pub lic 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 USCG and the

USCGA.2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 10055 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, subject to the following conditions and limitations.

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 requirement of 14 CFR not specifically relieved under this exemption.

2. Operations under this exemption are authorized only to the extent necessary for interdiction aircraft to obtain positive identification of, and maintain visual contact

with

, a suspect aircraft, vessel, or vehicle, search and rescue aircraft to accomplish the assigned USCG mission, or operations in support of homeland security missions including the airborne use of force, vertical insertion, and rotary wing intercepts.

3. Relief from the provision of § § 91.117(b) and (c) is granted only to the extent

necessar y to conduct aircraft operations in support of drug law enforcement, drug

traffic interdiction missions

, or assigned homeland security missions. Operations may be conducted without meeting the requirements of § § 91.117(b) and (c), provided a dedicated obs erver having the sole responsibility to assist the pilot in detecting and avoiding other aircraft is onboard the aircraft. Operations may be conducted without meeting the requirements of § § 91.117(b), provided the USCG pilot:

a. Establishes radio communicat ion with the appropriate a ir t raffic c ontrol (ATC) facility before entering the affected airspace ;

b. Complies with any instructions or clearances from the ATC controller ; and

c. Maintains radio communication with the appropriate ATC facility for the

duration of the operations within that airspace. The use of the ATC a dvisory (ATCA) s ervice, when available, is highly recommended. This grant of exemption, however, should not be construed as obligating any ATC facility to provide traffic advisory service. The re ceipt of ATC traffic service does not relieve the USCG pilot from the responsibility to see and avoid other aircraft.

4. Relief from the provisions of § 91.119(c) is granted only for operations involving drug law enforcement, drug traffic interdiction, mariti me law enforcement missions, homeland security missions

, or search and rescue missions. Operations may be conducted without meeting the requirements of § 91.119(c), provided that the USCG3

aircraft are operated no closer than 200 feet from the suspect and no closer than

500 feet from any other person, vessel, vehicle, or structure.

5. Relief from the provision of § 91.155(a) is granted only to the extent necessary to conduct aircraft operations in support of drug law enforcement, drug traffic

interdiction miss ions or assigned homeland security missions. 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. Establishes radio communication with the appropriate ATC facility before entering the affected airspace ;

c. Complies with any instructions or clearances from the ATC controller ; and

d. Maintains radio communication with the appropriate ATC facility for the duration of the operations within that airspace. The use of the ATCA s ervice, when available, is highly recommended. This grant of exemption, however, should not be construed as obligating any ATC facility to provide traffic advisory service. T he receipt of ATC traffic advisory service does not relieve the USCG pilot from the responsibility to see and avoid other aircraft.

6. Relief from the provisions of § 91.159(a) is granted only to the extent necessary to conduct drug law enforcement, drug traf fic interdiction missions, homeland security missions, or search and rescue missions. Operations may be conducted without meeting the requirements of § 91.159(a) provided that a dedicated onboard observer assists the pilot in seeing and avoiding other air craft.

7. Relief from the provisions of § 91.209 is granted only for those aircraft engaged in drug law enforcement, drug traffic interdiction, maritime law enforcement operations, or homeland security missions. This relief is granted only when one of

the fo llowing alternative means of deriving air traffic information is used:

a. Primary radar equipment capable of detecting all aircraft operating within the vicinity of the interdiction aircraft; or

b. Spotter aircraft operating in a position to visually detect othe r aircraft in the vicinity of the interdiction aircraft. Interdiction aircraft must maintain two

- way radio communication with the spotter aircraft or the primary radar surveillance aircraft. The purpose of communication is to receive air traffic informat ion regarding other aircraft operating in the vicinity and for advising the interdiction aircraft pilot of potential collision hazards. Only the USCG interdiction aircraft are authorized to operate without lighted position lights. Any other aircraft used by the petitioner as spotter aircraft or primary radar4

surveillance aircraft must be operated in compliance with all of § 91.209.

Interdiction aircraft must operat e the aircraft’ s position lights to the maximum extent practicable and may only operate wit hout lights when necessary to avoid detection by those engaged in criminal activities.

8. The pilot in the interdiction aircraft:

a. Must establish two

- way radio communication with the appropriate ATC facility before entering the airspace areas ;

b. Must maintain tw o

- way radio communication while within the affected ATC facility airspace area ;

c. Must comply with all instructions and clearances from ATC ; and

d. If available, should be receiving ATCA service from that ATC tower

.

9. 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.

10. The petitioner must ensure that all pilots a nd 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.

11. Operation authorized herein must be performed:

a. In airspa ce that overlies the coastline of the United States and territorial waters;

and

b. While operating in flight conditions of not less than one statute mile visibility and maintaining clear of clouds.

12. Notwithstanding the provisions of this exemption, the pilot i n command may deviate from the conditions and limitations of this exemption, provided the reason for that deviation is the rescue and aid of persons or the protection and saving of property, and it can be performed without causing undue hazard to persons o r property on the

surface.5

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 10055 to March 31, 201 6 unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen Director, Flight Standards Service