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 a nd 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.2

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 horiz ontal 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.3

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