Exemption No. 10266 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

FLORIDA FISH AND WILDLIFE 

CONSERVATION COMMISSION Regulatory Docket No. FAA-2010-0544 

 

for an exemption from § 91.205(h) 

and Part 43 of Title 14, Code of 

Federal Regulations 

 

PARTIAL GRANT OF EXEMPTION 

 By letters dated May 17, July 14 and September 22, 2010, Captain Kevin M. 

Vislocky, Florida Fish and Wildlife Conservation Commission (FWC), 620 South Meridian 

Street, Tallahassee, Florida 32399-1600, petitioned the Federal Aviation Administration 

(FAA) on behalf of FWC for an exemption from § 91.205(h)(3) and part 43 of Title 14, Code 

of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow FWC to 

continue to use night vision goggles (NVGs) in the agency’s aircraft. 

The petitioner requests relief from the following regulations:

Section 91.205(h)(3) prescribes, in pertinent part, that for night vision goggle 

operations an interior and exterior aircraft lighting system must be installed in the 

aircraft that is functioning in a normal manner and approved for use by the FAA. 

Part 43 prescribes, in pertinent part, rules governing the maintenance, preventive 

maintenance, rebuilding, and alteration of an aircraft, airframe, aircraft engines, 

propellers, appliances, and component parts of each aircraft. 

AFS-10-285-E 
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The petitioner supports its request with the following information: 

The FWC is a State government agency responsible for the protection of Florida’s 

natural resources and human life through airborne operations, such as search and rescue 

missions, and assistance during natural and man-made disasters. FWC operates an aircraft 

fleet consisting of seven airplanes and eight helicopters. Each of these aircraft has a modified 

instrument panel lighting system, avionic NVG display filtering, and instrumentation 

necessary to operate the aircraft safely and effectively using NVGs. The FWC operates with 

ITT 4949F NVGs, which are approved by the FAA and receive regular inspection and 

maintenance as required by the manufacturer. At issue is the NVG instrument panel lighting 

system modifications. The lighting systems installed on these aircraft were modified similar 

to the standards required by § 91.205(h)(3); however, they were not installed when 

supplemental type certificate (STC) modifications were available or required. Because 

several of the FWC’s aircraft are not currently covered by an existing NVG lighting system 

STC, the agency must either modify the aircraft lighting systems by installing a lighting 

system with an existing STC or seek to have an STC developed for the lighting systems 

already installed. 

The petitioner states § 91.205(h) places an undue economic burden on the agency. 

The petitioner asserts that the State of Florida is experiencing a significant budget shortfall 

this year due to the lagging economy and reduced tax revenues. FWC invited vendor bids for 

modification of aircraft lighting systems to bring the aircraft into compliance with 

§ 91.205(h)(3). The bids exceeded $400,000 to modify the subject aircraft. Currently, the 

FWC has contracted to modify the lighting system on two of the FWC’s Bell 206 JetRanger 

helicopters and anticipates that two additional NVG lighting conversions will be contracted 

for after the next fiscal year. In addition, the FWC is pursuing Federal grant opportunities to 

secure funding for the remaining aircraft modifications. Until such modifications can be 

made, FWC has discontinued use of the NVGs, which FWC asserts has severely impacted its 

flight operational safety and effectiveness. FWC asserts that this has severely impacted its 

operational safety in the Everglades and in areas offshore, where visibility is normally 

limited, if nonexistent. The loss of the visual acuity that is enhanced by using NVGs severely 

limits the effectiveness of locating terrain, potential search and rescue victims, criminal 

suspects, as well as other law enforcement officers in these environments. 

 FWC seeks exemption relief from the lighting system requirements in § 91.205(h)(3) 

for a period of 5 years until the remaining modifications can be made or an STC for the 

installed aircraft lighting system can be attained. FWC asserts that the use of NVGs in the 

interim will not have an adverse impact on safety in light of its documented policies and 

procedures dictating the use of NVGs, the initial and recurrent training it provides to its pilots 

on using NVGs, and regular inspection and maintenance of its NVG equipment. 

A summary of the petition was published in the Federal Register on October 20, 2010 

(75 FR 64781). No comments were received. 
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The FAA’s analysis is as follows: 

The FAA has fully considered the petitioner’s supporting information and finds that a 

grant of exemption would provide a level of safety equivalent to that provided under the 

regulations. The FAA also finds that a grant of exemption would be in the public interest 

because it would allow the FWC to use NVGs for operations into extreme darkness such as 

the Everglades and offshore where a horizon is normally limited or nonexistent. 

In light of the ongoing modifications that are being made to FWC’s aircraft as well as 

FWC’s robust NVG training program, the FAA finds that a grant of this exemption is in the 

public interest to prevent an undue economic burden on this unit of government. 

The FAA finds that relief from the requirement to provide interior and exterior aircraft 

lighting systems required for NVG operations would allow the FWC to perform NVG 

operations within the State of Florida for purposes including enforcement activities for the 

citizens of that state. 

Although FWC requested relief from 14 CFR part 43, the FAA finds that relief from 

this part is not necessary for use of NVGs. Part 43 governs maintenance, preventive 

maintenance, rebuilding, and alterations of any aircraft holding a U.S. airworthiness 

certificate, and the petitioner must maintain its aircraft in accordance with part 43. 

The FAA’s Decision: 

In consideration of the foregoing, I find that a partial grant of exemption is in the 

public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 

44701(f) delegated to me by the Administrator, Florida Fish and Wildlife Conservation 

Commission is granted an exemption from 14 CFR § 91.205(h)(3) to the extent necessary to 

allow FWC to continue to operate with NVGs in its agency aircraft, subject to the conditions 

and limitations listed below. 

Conditions and Limitations: 

1. Only FWC may operate the aircraft listed below. 

2. Maintenance and preventive maintenance on the aircraft listed below shall be 

performed in accordance with part 43 and § 91.409. 

3. NVGs used on these aircraft must meet the requirements of technical standard order 

C-164 Night Vision Goggles, dated September 30, 2004. 

4. NVG maintenance and preventive maintenance shall be performed in accordance with 

the manufacturer’s maintenance requirements by an authorized maintenance facility. 

5. FWC may operate its certificated aircraft listed below without complying with the 

requirements of § 91.205(h)(3): 

 Partenavia P-68-OB2, N419FW, Serial #419-19/OB2, Mfg. Date - 2002 
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 Partenavia P-68C, N483FW, Serial #271, Mfg. Date - 1983 

 Partenavia P-68C, N800AT, Serial #300/22/TC, Mfg. Date - 1984 

 Cessna 182T, N421FW, Serial #18281495, Mfg. Date - 2004 

 Cessna 182T, N420FW, Serial #18281494, Mfg. Date - 2004 

 Cessna 182R, N932FW, Serial #18268492, Mfg. Date - 1985 

 Cessna R182, N945FW, Serial #R18201484, Mfg. Date - 1980 

 Bell Helicopter 206L4, N402FW, Serial #52328, Mfg. Date - 2006 

 Bell Helicopter 206L4, N401FW, Serial #52327, Mfg. Date - 2006 

The petitioner requested an exemption for 5 years. The FAA will grant this exemption for 

2 years giving the FAA opportunity to review the safety provisions every 2 years. Therefore, 

this exemption terminates on May 31, 2013, unless sooner superseded or rescinded. 

Issued in Washington, D.C., on May 19, 2011. 

/s/ 

Raymond Towles 

Acting Director, Flight Standards 

 Service