AFS-10-140-E 

April 22, 2010 

 Exemption No. 10055 

 Regulatory Docket No. FAA-2002-11723 

Captain M. D. Emerson 

U.S. Coast Guard 

Office of Aviation Forces 

2100 2nd Street, SW. 

Washington, DC 20593-0001 

Dear Captain Emerson: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter posted January 20, 2010, you petitioned the Federal Aviation Administration (FAA) 

on behalf of the United States Coast Guard (USCG) and the USCG Auxiliary (USCGA) for 

an exemption from §§ 91.117(b) and (c), 91.119(c), 91.155(a), 91.159(a), and 91.209(a) and 

(b) of Title 14, Code of Federal Regulations (14 CFR) to allow the USCG to conduct air 

operations in support of drug law enforcement and drug traffic interdiction without meeting 

part 91 provisions governing: (1) aircraft speed; (2) minimum safe altitudes; (3) cruising 

operations for flights conducted under visual flight rules (VFR); and (4) use of aircraft lights. 

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 your last similar 

petition—excluding additional sections of relief. You also acknowledge that the exemption 

that was granted from your last petition, Exemption No. 5231H, as amended, expired 

May 31, 2008, and request a permanent approval of this petition in support of air operations 

in support of homeland security. 
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The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the USCG and the USCGA. 

In the USCG and the USCGA’s previous grant of exemption the circumstances were similar 

in all material respects to those presented in your current petition. In Grant of Exemption 

No. 5231, as amended, the FAA found that effective and efficient law enforcement missions, 

including maritime law enforcement missions, are in the public interest and may necessitate 

relief from certain provisions of part 91. However, the FAA finds it in the best interest of 

safety to review this exemption every 3 years. This allows us to ensure that there has been no 

change in circumstances or regulations from which the exemption is granted. 

Having reviewed your reasons for requesting an exemption, I find that— 

 they do not differ materially from those presented in your previous exemption; 

 the reasons stated by the FAA for granting your previous exemption also apply to the 

situation you currently present; and 

 a grant of exemption is in the public interest. 

Our Decision 

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator 

has delegated to me, I hereby grant the United States Coast Guard and the United States Coast 

Guard Auxiliary an exemption from 14 CFR §§ 91.117(b) and (c), 91.119(c), 91.155(a), 

91.159(a), and 91.209(a) and (b) to the extent necessary to conduct air operations in support 

of drug law enforcement and drug traffic interdiction without meeting part 91 provisions 

governing: (1) aircraft speed; (2) minimum safe altitudes; (3) cruising operations for flights 

conducted under VFR; and (4) use of aircraft lights, subject to the following conditions and 

limitations. All conditions and limitations listed below apply equally to USCG or USCGA 

aircraft when performing a USCG mission. 

Conditions and Limitations 

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

the see-and-avoid requirements of § 91.113, “Right-of-way rules: except water 

operations,” or any other requirement of 14 CFR not specifically relieved under this 

exemption. 

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

interdiction aircraft to obtain positive identification of, and maintain visual contact 

with, a suspect aircraft, vessel, or vehicle, search and rescue aircraft to accomplish 

the assigned USCG mission, or operations in support of homeland security missions 

including the airborne use of force, vertical insertion, and rotary wing intercepts. 
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3. Relief from the provision of § 91.117(b) and (c) is granted only to the extent 

necessary to conduct aircraft operations in support of drug law enforcement, drug 

traffic interdiction missions, or assigned homeland security missions. Operations 

may be conducted without meeting the requirements of § 91.117(b) and (c), 

provided a dedicated observer having the sole responsibility to assist the pilot in 

detecting and avoiding other aircraft is onboard the aircraft. Operations may be 

conducted without meeting the requirements of § 91.117(b), provided the USCG 

pilot:

a. Establishes radio communication with the appropriate air traffic control (ATC) 

facility before entering the affected airspace;

b. Complies with any instructions or clearances from the ATC controller; and

c. Maintains radio communication with the appropriate ATC facility for the

duration of the operations within that airspace. The use of the ATC advisory 

(ATCA) service, when available, is highly recommended. This grant of 

exemption, however, should not be construed as obligating any ATC facility to 

provide traffic advisory service. The receipt of ATC traffic service does not 

relieve the USCG pilot from the responsibility to see and avoid other aircraft.

4. Relief from the provisions of § 91.119(c) is granted only for operations involving

drug law enforcement, drug traffic interdiction, maritime law enforcement missions,

homeland security missions, or search and rescue missions. Operations may be

conducted without meeting the requirements of § 91.119(c), provided that the USCG

aircraft are operated no closer than 200 feet from the suspect and no closer than 

500 feet from any other person, vessel, vehicle, or structure.

5. Relief from the provision of § 91.155(a) is granted only to the extent necessary to

conduct aircraft operations in support of drug law enforcement, drug traffic

interdiction missions or assigned homeland security missions. Operations may be

conducted without meeting the requirements of § 91.155(a) provided:

a. A dedicated observer having the sole responsibility to assist the pilot in 

detecting and avoiding other aircraft is onboard the aircraft;

b. Establishes radio communication with the appropriate ATC facility before 

entering the affected airspace;

c. Complies with any instructions or clearances from the ATC controller; and

d. Maintains radio communication with the appropriate ATC facility for the 

duration of the operations within that airspace. The use of the ATCA service, 

when available, is highly recommended. This grant of exemption, however, 

should not be construed as obligating any ATC facility to provide traffic 

advisory service. The receipt of ATC traffic advisory service does not relieve 

the USCG pilot from the responsibility to see and avoid other aircraft.
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6. Relief from the provisions of § 91.159(a) is granted only to the extent necessary to 

conduct drug law enforcement, drug traffic interdiction missions, homeland security 

missions, or search and rescue missions. Operations may be conducted without 

meeting the requirements of § 91.159(a) provided that a dedicated onboard observer 

assists the pilot in seeing and avoiding other aircraft.

7. Relief from the provisions of § 91.209 is granted only for those aircraft engaged in 

drug law enforcement, drug traffic interdiction, maritime law enforcement 

operations, or homeland security missions. This relief is granted only when one of 

the following alternative means of deriving air traffic information is used:

a. Primary radar equipment capable of detecting all aircraft operating within the 

vicinity of the interdiction aircraft; or

b. Spotter aircraft operating in a position to visually detect other aircraft in the 

vicinity of the interdiction aircraft. Interdiction aircraft must maintain twoway radio communication with the spotter aircraft or the primary radar 

surveillance aircraft. The purpose of communication is to receive air traffic 

information regarding other aircraft operating in the vicinity and for advising 

the interdiction aircraft pilot of potential collision hazards. Only the USCG 

interdiction aircraft are authorized to operate without lighted position lights. 

Any other aircraft used by the petitioner as spotter aircraft or primary radar 

surveillance aircraft must be operated in compliance with all of § 91.209. 

Interdiction aircraft must operate the aircraft’s position lights to the maximum 

extent practicable and may only operate without lights when necessary to 

avoid detection by those engaged in criminal activities.

8. The pilot in the interdiction aircraft:

a. Must establish two-way radio communication with the appropriate ATC 

facility before entering the airspace areas;

b. Must maintain two-way radio communication while within the affected ATC 

facility airspace area;

c. Must comply with all instructions and clearances from ATC; and

d. If available, should be receiving ATCA service from that ATC tower.

9. The petitioner must ensure that all aircraft used to conduct operations under this 

exemption are equipped with an operable transponder with automatic altitude

reporting capability (Mode C) that is transmitting on the appropriate code or as

assigned by ATC.
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10. The petitioner must ensure that all pilots and crewmembers who will conduct 

aircraft operations under the authority of this exemption are thoroughly briefed and 

have a complete understanding of the conditions and limitations of this exemption.

11. Operation authorized herein must be performed:

a. In airspace that overlies the coastline of the United States and territorial 

waters; and

b. While operating in flight conditions of not less than one statute mile visibility 

and maintaining clear of clouds.

12. Notwithstanding the provisions of this exemption, the pilot in command may deviate 

from the conditions and limitations of this exemption, provided the reason for that 

deviation is the rescue and aid of persons or the protection and saving of property, 

and it can be performed without causing undue hazard to persons or property on the 

surface. 

This exemption terminates on March 31, 2013, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service