AFS-10-138-E 

March 8, 2010 

 Exemption No. 5118J 

 Regulatory Docket No. FAA-2001-9128 

Mr. Peter W. Gretsch 

Director of Operations 

Aviation System Standards 

P.O. Box 25082 

Oklahoma City, OK 73125 

Dear Mr. Gretsch: 

This letter is to inform you that we have granted your petition to amend Exemption No. 5118, 

as amended. It explains the basis for our decision and describes its effect. 

The Basis for Our Decision 

By letter dated January 15, 2010, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Aviation System Standards (AVN), Flight Inspection Program (FIP), for an 

amendment to Exemption No. 5118, as amended. That exemption from §§ 91.119(b) and (c), 

91.159, 91.175(a) and (b), 91.179, and 91.515(a)(1) and (2) of Title 14, Code of Federal 

Regulations allows AVN FIP to deviate from certain flight rules required by subpart B of 

part 91 while conducting flight inspections of air navigation facilities and instrument 

approach procedures. The amendment you request would also permit AVN FIP to deviate 

from the § 91.177 minimum altitudes for instrument flight rule operations when performing 

flight inspections of air navigation facilities and instrument approach procedures at night. 

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 amendment to the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to AVN FIP. 
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Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 5118, 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, subject to the following conditions 

and limitations. 

Conditions and Limitations 

1. During operations conducted contrary to §§ 91.159 and 91.179(b), an observer/copilot 

shall be used to assist the pilot in maintaining adequate vigilance for conflicting 

traffic. 

2. Operations contrary to § 91.179(b) shall be conducted in accordance with the distance 

from cloud and visibility requirements of § 91.155. However, when operating in 

uncontrolled airspace, the flight visibility must be at least 3 miles. 

3. Section 91.175(a) is waived only to the extent that instrument approaches to military 

airports shall comply with the requirements of § 91.175(d). 

4. Deviation from the altitude and the horizontal distance requirements of § 91.119(b) 

and (c) shall be limited to the time required for performance of the mission for which a 

reasonable alternative method is not available. Operations contrary to § 91.119(b) 

and (c) may be conducted only in visual flight rules weather conditions. 

5. All instrument flight rules (IFR) operations conducted under the terms of this 

exemption shall comply with § 91.167, fuel requirements for flight in IFR conditions. 

6. All pilots in command shall hold appropriate aircraft type ratings and shall meet the 

minimum pilot in command experience requirements prescribed for the operation of 

FAA aircraft. 

7. All approaches conducted below published landing minimums shall be made only 

when the approach light system serving the runway to which the approach is made is 

fully operable. 
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8. This exemption also permits AVN FIP to deviate from the § 91.177 minimum 

altitudes for instrument flight rule operations when performing flight inspections of air 

navigation facilities and instrument approach procedures at night. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 5118, as amended, to 

March 31, 2012, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service