U.S. Department

### o~· Homeland Security**:·· ~**  United Stat es 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 thejurisdiction 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, icebreaking facilities, and rescue facilitiesfor the promotion of safety on, under, and over the high seas and waters subject to thejurisdiction 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 environmentalprotection.Subj : FAR 91.155 EXEMPTION REQUEST rOR U.S. COAST GUARD AIR OPERATIONS
(/) I ce operations. 3124 

## SEP 17 201S

(2) Hom eland s ecurity missions. The t erm ' 'homeland security missions" means the following missions of th e Coas t Guard : (a) Port s, waterwa ys and coas tal security. (b) Drug int erdiction. (c) M igrant int erdic tion. (d) De fens e readiness. {e) Othe r law enfor cement.

e. Title 14 USC§ 828: While assigned to authorized Coast Guard duzv, an y aircraji shall be deem ed to be a Coast Guard aircraft , a public vess el of the United States, and a vessel of the C

oast Guard within th e meaning of s ections 646 and 647 of th e title and other applic abl e 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 Nat ional 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 ofthis exemption request is not to engender disregard for established aviation regulations. Instead, it is to enable unit Commanding Officers and Aircraft Commanders (ACs) to exerci sejudgment 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-confl iction 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 int ent 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 a n 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 Avoidance 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 soundjudgment 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 offlight 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 ofthe 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 oftwo 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 ofthis 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 ofthis 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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