ExemptionNo. 1026 6 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter ofthe petition of 

### FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION for an exemption from§ 91.205(h) and Part 43 ofTitle 14, Code of Federal Regulations Regulatory Docket No.**FAA-2010-054~**

## 411 udl.



### PARTIAL GRANT OF EXEMPTION By letters dated May 17, July 14 and September 22,2010, Captain Kevin M. Vislock:y, Florida Fish and Wildlife Conservation Commission (FWC), 620 South Meridian Street, Tallahassee, Florida 32399-1600, petitioned the Federal Aviation Administration (FAA) on behalfofFWC for an exemption frum § 91.205(h)(3) and part 43 ofTitle 14, Code ofFederal Regulations (14 CFR). The proposed exemption, ifgranted, would allow FWC to continue to use night vision goggles (NVGs) in the agency's aircraft. The petitioner requests relieffrom the following regulations: Section 91.205(h)(3) prescribes, inpertinentpart, that for night vision goggle operations an interior and exterior aircraft lighting system must be installed inthe 

### 1•';, aircraft that is functioning in a normal manner and approved for use bythe FAA. Part 43 prescribes, in pertinent part, rules governing the maintenance, preventive maintenance, rebuilding, and alteration ofan aircraft, airframe, aircraft engines, propellers, appliances, and component parts ofeach aircraft.

AFS-10-285-E

### 2 The petitioner supports its requestwith the following information: The FWC is a State government agency responsible for the protection ofFlorida'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 ofseven airplanes and eight helicopters. Each ofthese 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 onthese 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 ofthe FWC's aircraft are not currently coveredbyanexistingNVG 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§ 91.20S(h) places anWldue economic burden onthe agency. The petitioner asserts that the State ofFlorida is experiencing a significant budget shortfall this year due to the lagging economy and reduced tax revenues. FWC invited vendor bids for modification ofaircraft lighting systems to bringthe aircraft into compliance with § 91.20S(h)(3). The bids exceeded $400,000 to modify the subject aircraft. Currently, the FWC has contracted to modify the lighting system ontwo ofthe FWC'sBell206 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 canbe made, FWC has discontinued use ofthe NVGs, which FWC asserts has severely impacted its flight operational safety and effectiveness. FWC asserts that this has severely impacted its operational safety inthe Everglades and in areas offshore, where visibility is normally limited, ifnonexistent. The loss ofthe visual acuitythat is enhanced by using NVGs severely limits the effectiveness oflocating terrain, potential search and rescue victims, criminal suspects, as well as other law enforcement officers inthese environments. FWC seeks exemptionrelieffrom the lighting system requirements in§ 91.20S(h)(3) for a period of5 years until the remaining modifications can be made or an STC for the installed aircraft lighting system canbe attained. FWC asserts that the use ofNVGs inthe interim will not have an adverse impact on safety 

### in light ofits documented policies and procedures dictating the use ofNVGs, the initial and recurrent training itprovides to its pilots on using NVGs, and regularinspection and maintenance ofitsNVG equipment. A summary ofthepetition was published inthe Federal Register on October 20, 2010 ·(75 FR 64781). No comments were received.

### 3 

### TheFAA's analysis is as follows: The FAA has fully considered the petitioner's supporting information and finds that a grant ofexemption would provide a level ofsafety equivalent to thatprovided under the regulations. The FAA also finds that a grant ofexemption would be inthe 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 ornonexistent. In light ofthe ongoing modifications that are being made to FWC's aircraft as well as FWC'srobust NVGtraining program, the FAA finds that a grant ofthis exemption is in the public interesttoprevent anundue economic bmden onthis unit ofgovernment. The FAA finds that relieffrom the requirement to provide interior and exterior aircraft lighting systems required for NVG operations would allowthe FWC to performNVG operations withinthe State ofFlorida for pmposes including enforcement activities for the citizens ofthat state. Although FWC requested relieffrom 14 CFRpart 43, the FAA finds thatrelieffrom this part is not necessary for use ofNVGs. Part 43 governs maintenance, preventive maintenance, rebuilding, and alterations ofany aircraftholding a U.S. airworthiness certificate, and the petitionermust maintain its aircraft in accordance with part43. 

### The FAA's Decision: Inconsideration ofthe foregoing, I find that a partial grant ofexemption is in the public interest Therefore, pmsuant to the authority contained in 49 U.S.C. §§ 40113 and 4470l(f) delegated to me by the Administrator, Florida Fish and Wildlife Conservation Commission is granted an exemptionfrom 14 CFR § 91.205(h)(3) to the extent necessaryto 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 onthe aircraft listed below shall be performed in accordance withpart43 and§ 91.409. 3. NVGs used onthese aircraft mustmeetthe requirements oftechnical standard order C-164 Night Vision Goggles, dated September 30, 2004. 4. NVG maintenance and preventive maintenance shall be performed in accordance with the manufactmer'smaintenance requirements by an authorized maintenance facility. 5. FWC may operate its certificated aircraft listed belowwithout complying with the requirements of§ 91.205(h)(3):

• Partenavia P-68-082, N419FW, Serial #419-19/082, 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 • CessnaR182, 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 petitionerrequested 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 onMay 31, 2013, unless sooner superseded orrescinded. Issued inWashington, D.C., on May 19, 2011.

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