Homeland U.S. Department Security o~· :·· ~ 

United States 

Coast Guard 

MEMORANDUM 

From: ~ COMDT (CG-711) 

To: FAA Office ofRulemaking 

Commandant 

United States Coast Guard 

2703 Martin Luther King Jr Ave SE 

Washington. DC 20593-7331 

Staff Symbol: CG-711 

Phone: (202) 372-2201 

Fax: (202) 372-2902 

3124 

SEP 17 2015 

Reply to FAA Liaison 

Attn of: CAPT J. O'Keefe 

202-731-1081 

Subj: EXEMPTION REQUEST FOR U.S. COAST GUARD AIR OPERATIONS 

Ref: (a) Coast Guard Air Operations Manual, COMDTINST ~710.1 (series) 

(b) DOD FLIP General Planning 

1. The U. S. Coast Guard (USCG) requests an exemption from th~ requirements ofF AR 

91.155(a), Basic VFR Weather Minimums, for urgent operational needs as discussed below. 

2. The USCG has a requirement to deviate from FAR 91.155(a) in order to carry out our unique 

homeland security, law enforcement and search and rescue responsibilities. The USCG is the 

Nation's leading maritime law enforcement agency and has broad, multifaceted, jurisdictional 

authority. The Coast Guard's authority for personnel and missions are provided as follows in 

U.S. Code: 

a. Title 14 USC § 1: The Coast Guard as established January 28, 1915, shall be a military 

service and a branch ofthe armed forces of the United States at all times. 

b. Title 10 USC§ 101: The term "armed forces" means the Army, Navy, Air Force, Marine 

Corps, and Coast Guard 

c. Title 14 USC § 2: The Coast Guard shall enforce or assist in the enforcement of all 

applicable Federal laws on, under, and over the high seas and waters subject to the jurisdiction 

of the United States; and shall engage in maritime surveillance or interdiction to enforce or 

assist in the enforcement of laws of the United States ... shall develop, establish, maintain, and 

operate, with due regard to the requirements of national defense, aids to maritime navigation, 

ice breaking facilities, and rescue facilities for the promotion of safety on, under, and over the 

high seas and waters subject to the jurisdiction of the United States ... and shall maintain a state 

of readiness of function as a specialized service in the Navy in time of war, including the 

fulfillment of Maritime Defense Zone command responsibilities. 

d. Title 6 USC § 468: 

(1) Non-homeland security missions. The term "non-homeland security missions" means 

thefollowing missions of the Coast Guard: 

(a) Marine safety. 

(b) Search and rescue. 

(c) Aids to navigation. 

(d) Living marine resources (fisheries law enforcement). 

(e) Marine environmental protection. 
Subj: FAR 91.155 EXEMPTION REQUEST rOR U.S. 

COAST GUARD AIR OPERATIONS 

(/) Ice operations. 

3124 

SEP 17 201S 

(2) Homeland security missions. The term ''homeland security missions" means the 

following missions of the Coast Guard: 

(a) Ports, waterways and coastal security. 

(b) Drug interdiction. 

(c) Migrant interdiction. 

(d) Defens e readiness. 

{e) Other law enforcement. 

e. Title 14 USC§ 828: While assigned to authorized Coast Guard duzv, any aircraji shall 

be deemed to be a Coast Guard aircraft, a public vessel of the United States, and a vessel of the 

Coast Guard within the meaning of sections 646 and 647 of the title and other applicable 

provisions o.lsections 823a and 831 ofthis title. 

3. The Coast Guard currently holds USCG Exemption No. 10055 which exempts the USCG 

from FAR Part 91.119( c) and 91.159(a) for law enforcement. The USCG hereby petitions for an 

exemption to Federal Aviation Regulation (FAR) 91.155( a) for the additional statutory missions 

of search and rescue, urgent law enforcement and certain Homeland Security operations deemed 

critical for National Security. 

4. In accordance with ref (a), USCG flights are conducted under Instrument Flight Rules (IFR) 

whenever practical. However, there are certain situations in which Federal Aviation 

Administration (FAA) flight procedures and Due Regard conditions, as described in ref (b), that 

do not allow the operational flexibility required to successfully complete the Coast Guard 's 

unique statutory missions included in this exemption request. 

In all cases, the intent of this exemption request is not to engender disregard for established 

aviation regulations. Instead, it is to enable unit Commanding Officers and Aircraft 

Commanders (ACs) to exercise judgment in determining strategies applicable to their Area of 

Responsibility (AOR) which maximize operational effectiveness while attaining levels of safety 

equivalent to those typically provided by FAA Air Traffic Control (ATC) agencies. In 

accordance with ref (a), USCG Commanding Officers shall be required to develop and 

promulgate local operating procedures to further mitigate risk. These operating procedures shall 

include specific de-confliction measures, tactical communication plans, low-visibility routes and 

training programs to prepare aircrews for potential Due Regard operations and Instrument 

Meteorological Conditions (IMC) operations in controlled and uncontrolled airspace by non-IFR 

aircraft. Additionally, Commanding Officers are required, where applicable to establish 

agreements and procedures with A TC and airspace user groups throughout their AOR in order to 

further mitigate aircraft conflicts in less-than-VMC conditions. 

5. USCG ACs shall be required to incorporate risk mitigation strategies during their preflight 

planning to specifically address operations under these conditions. Prior to leaving ATC 

surveillance to conduct operations, the AC shall ensure that the A TC controller understands the 

operational intent and expected routing of the flight, including the pilot's plan for regaining 

communications and IFR clearance or attaining VMC conditions. USCG ACs shall broadcast 

their intentions on applicable common or guard frequencies before initiating operations in IMC 

without an IFR clearance and utilize all available resources (e.g., HF, SATCOM, AIRINC, 
Subj: FAR 91.155 EXEMPTION REQUEST FOR U.S. 

COAST GUARD AIR OPERATIONS 

3124 

SEP 17 2015 

aircraft relay) to acquire an IFR clearance as soon as possible. Additionally ACs shall utilize all 

onboard applicable sensors, radar and Traffic Alert and Collision A voidance System to enhance 

situational awareness, avoid other traffic and terrain and to further reduce risk. 

6. When necessary for mission or emergency requirements, IMC operations in controlled and 

uncontrolled airspace, not on an IFR clearance, shall be minimized. Under these circumstances, 

ACs must exercise sound judgment before entering IMC without an IFR clearance, keeping in 

mind the goal is to return to Due Regard conditions or obtain an IFR clearance as soon as 

possible. 

7. The USCG recognizes that safety of flight is paramount. We will continue to require 

specialized training tor our flight crews, including initial and semiannual recurrent training. 

Additionally, this exemption will be incorporated into ref (a). 

8. The USCG anticipates operations of this nature to be required in International Civil Aviation 

Organization (ICAO) as well. Due to the fact that the Coast Guard, when operating in IMC 

conditions, while not on an IFR flight, will not be in compliance with ICAO standards, the 

USCG requests that the FAA file a request for an exemption to Annex 2, Chapter 3, section 3. 9 

ofthe Convention on International Civil Aviation with ICAO on the Coast Guard's behalf to 

allow for operations of this nature outside of the United States. 

When IMC operations in controlled and uncontrolled airspace by non-IFR Coast Guard aircraft 

are conducted, responsibility for separation between Coast Guard aircraft and all other aircraft, 

both public and civil, resides with the Coast Guard. 

9. The Coast Guard requests this exemption for all USCG airframes for a period of two years, 

at which point the requirement for exemption can be reexamined. 

10. The Coast Guard has a unique operational requirement to operate in the most extreme 

weather conditions in order to accomplish both its law enforcement, non-homeland and 

homeland security missions, as directed in both Title 1 0 and 14 USC. The disapproval of this 

exemption request will severely impact the Coast Guard's ability to perform these missions with 

a significant and unacceptable reduction in national security, while simultaneously putting the 

lives of countless mariners at great risk. 

11. We ask that the requirement to publish this petition in the Federal Register be waived for 

operational security reasons. Withholding policies and protocols from general knowledge is 

necessary due to the tactical use of this exemption for homeland security and law enforcement 

missions. The Coast Guard was previously granted this waiver for USCG Exemption number 

10055 based on the exact same criteria. 

12. My point of contact tor this matter is Captain Jim O'Keefe. He can be contacted at (202) 

731-1081 or by email at James.S.O'Keefe@USCG.mil. 

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