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 fli ghts 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 vi sual 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 aircra ft. 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 ai rspace. 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 gran ted 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; or4

b. Spotter aircraft operating in a position to visually detect other aircraft in thevicinity 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 ex emption, 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 pe rsons 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