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 Regu latory 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-E2

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 F AA 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.3

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 pa rt 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 FW C 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 - 20024

 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

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