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 2 nd 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 sp eed; (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.2

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. Howeve r, 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 inte rdiction 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.3

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 ai rspace. 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.4

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 gran ted 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 thevicinity 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.5

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