AFS-16-4254-E 

March 15, 2016 

 Exemption No. 10055B 

 Regulatory Docket No. FAA-2002-11723 

Capt. Joseph B. Kimball 

CG-711 

United States Coast Guard 

2703 Martin Luther King Jr Avenue SE 

Washington, DC 20593-7331 

Dear Captain Kimball: 

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

10055, as amended. It transmits our decision, explains its basis, and gives you the conditions 

and limitations of the exemption, including the date it ends. 

The Basis for Our Decision 

By letter dated October 26, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of the United States Coast Guard (USCG) for an extension to Exemption 

No. 10055, as amended. That 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) allows 

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 conducting 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 USGC. 
 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. §§ 106(f), 40113 and 44701, which the FAA Administrator 

has delegated to me, I grant the United States Coast Guard (USCG) an exemption from 14 

CFR §§ 91.117(b) and (c), 91.119(c), 91.155(a), 91.159(a), and 91.209(a) and (b) 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 conducting under visual flight rules (VFR); and (4) use of 

aircraft lights, subject to the conditions and limitations listed below. 

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 provisions 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 USGC 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 obligated any ATC facility to 

provide traffic advisory service. The receipt of ATC traffic service does not 

relieve the ASCG pilot from the responsibility to see and avoid other aircraft. 
 3

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 

aircraft are operated no closer than 200 feet from the suspect and no closure than 500 

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

5. Relief from the provisions 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 

advisor 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 
 4

b. Spotter aircraft operating in a position to visually detect other aircraft in the 

vicinity of the interdiction aircraft. Interdiction aircraft must maintain twoway 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 USCG as spotter aircraft or primary radar 

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 USCG 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 USCG 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. Any 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. 
 5

12. Notwithstanding the provisions of this exemption, the Pilot-In-Command (PIC) 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 person or property on the 

surface. 

The Effect of Our Decision 

This exemption terminates on March 31, 2019, unless sooner superseded or rescinded. 

Sincerely, 

//s// 

John Barbagallo 

Deputy Director, Flight Standards Service