AFS

- 13

- 017

- E December 10, 2012

Exemption No. 5305J

Regulatory Docket No. FAA

- 2000

- 8419

Lt. Col. William D. Hart

Department of the Air Force

HQ AFFSA/A3O

5901 Air Guard Drive

Oklahoma City, OK 73169

Dear Lt. Col. Hart :

This letter is to inform you that we have granted you r petition to extend Exemption N o. 5305,

as amended . It expl ains the basis for our decision, describes its effect, and lists the conditions

and limitations.

The Basis fo r Our Decision

By letter dated October 23, 2012 , you petitioned the Federal Aviation Administration (FAA)

on behalf of the Department of the Air Force ( USAF ) for an extension of Exemption

No. 5305, as amended. That exemption from § 91.209(a)(1) and (b) of Title 14, Code of

Federal Regulations (14 CFR) allows the USAF to conduct counternarcotics aircrew flight

training operations in support of drug law enforcement and drug traffic interdiction, without

lighted aircraft position or anticollision lights.

In your petition, you requested this exemption be extended for 3 years. The FAA finds that

since this a long standing exemption it will grant the request.

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.2

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the reque sted extension of the exemption would not set a

precedent, and any delay in acting on this petition would be det rimental to the USAF

.

Our Decision

The FAA has determined that the justification for th e issuance of Exemption No. 5305, as

amended, remains valid with respect to this exemption and is in the public interest. Therefore,

under the authority provide d by 49 U.S.C. 40113 and 44701, which the FAA Administrator

has delegat ed to me, I grant your petition , subject to the following conditions and limitations.

Conditions and Limitations

1. The pilot of an aircraft engaged in operations herein is not relieved from the

requirements of § 91.113 to see and avoid other aircraft.

2. Operations under this exemption are authorized only to the extent necessary for the

training of pilots in counternarcotics activity.

3. Only pilots in the Department of the Air Force counternarcotics training aircraft are

authorized to operate their aircraft without lighted position lights. Any other aircraft

used by the Department of the Air Force as spotter aircraft or primar y radar

surveillance aircraft in conjunction with the training exercise must be operated in

compliance with § 91.209(a) and (b).

4. The petitioner shall ensure that all pilots and crewmembers who will conduct airborne

counternarcotics training operations are thoroughly briefed and have a complete

understanding of the conditions and limitations of this exemption.

5. The petitioner shall ensure that all aircraft used to conduct counternarcotics training

operations under this exemption are equipped with a Mode C t ransponder and that the

transponder is operated on the appropriate code or as assigned by Air Traffic Control

(ATC).

6. Training operations authorized under this exemption shall be conducted within ATC

assigned airspace (ATCAA) in accordance with letters of agreement drawn between

the Department of the Air Force and respective ATCAA controlling facilities.3

The Effect of Our Decision

Our decision extends the termin ation date of Exemption No. 5305, as amended, to

April 30, 201 6

, unless sooner superseded or rescinded

.

Sincerely,

/s/

Michael Zenkovich

Acting Deputy Director, Flight Standards Service