AFS-13-210-E

March 22, 2013

 Exemption No. 10055A

 Regulatory Docket No. FAA-2002-11723

Captain Matthew Sisson

U.S. Coast Guard

Office of Aviation Forces

2100 2nd Street, SW.

Washington, DC 20593-7359

Dear Captain Sisson:

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), 91.155(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) aircraft speed; (2) minimum safe altitudes; (3) cruising 

operations for flights conducted under visual flight rules (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 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 USCG and the 

USCGA.
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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 

necessary 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 observer 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 communication with the appropriate air traffic control (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 advisory 

(ATCA) service, 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 receipt 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, maritime 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 USCG
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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 missions 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 service, 

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 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 traffic 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 aircraft.

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 following 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 other 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 information 

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

Interdiction aircraft must operate the aircraft’s position lights to the maximum 

extent practicable and may only operate without 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 two-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 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.

11. Operation authorized herein must be performed:

a. In airspace 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 in 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 or property on the 

surface.
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The Effect of Our Decision

Our decision extends the termination date of Exemption No. 10055 to March 31, 2016 unless 

sooner superseded or rescinded. 

Sincerely,

/s/

John M. Allen

Director, Flight Standards Service