Florida Fish 

and Wildlife 

Conservation 

Commission 

U.S. Department of Transportation 

Docket Management System 

400 Ttt Street, SW., 

Room PL 401 

Washington, DC 20591-0001 

May 17, 2010 

Commissioners 

Rodney Barreto 

Chair 

Miami 

Kathy Barco 

Vice-Chair 

Jacl<sonville 

Ronald M. Bergeron 

Fort Lauderdale 

Richard A. Corbett 

Tampa 

Dwight Stephenson 

Delray Beach 

Kenneth W. Wright 

Winter Park 

Brian S. Yabionski 

Taliahassee 

Florida Fish and Wildlife Conservation Commission 

Division of Law Enforcement 

Aviation Section 

620 South Meridian Street 

TaUahassee, Florida 32399-1600 

Authority: Title 14, Code of Federal Regulations, FAR 11.25 

Purpose: Petition for Exemption - FAR 91-205(h) 

Dear Sirs: 

The Florida Fish and Wildlife Conservation Commission (FWC) petitions the 

Federal Aviation Administration (FAA) for an exemption from Federal Aviation 

Regulation (FAR) 91.205(h). 

Executive Staff 

Kenneth D. Haddad 

Executive Director 

Nicl< Wiley 

Assistant Executive Director 

Karen Ventimiglla 

Deputy Chief of Staff 

Division of 

Law Enforcement 

Colonel Jim Brown 

Director 

(850) 488-6251 

(850) 921-6453 FAX 

Managing fisti and wiidiife 

resources for tiieir iong-term 

weii-being and the benefit of 

peopie. 

620 South Meridian Street 

Taliahassee, Florida 

32399-1600 

Voice: (850) 488-4676 

Hearing/speech impaired: 

(800) 955-8771 (T) 

(800) 955-8770 (V) 

The FWC, a State of Florida government agency, is the largest resource conservation 

agency in the United States. The FWC Aviation Section is part of the Division of 

Law Enforcement and is responsible for the protection of Florida's natural resources 

and human life through airborne operations. The FWC's responsibiUties include 

search and rescue, assistance during natural and man-made disasters and homeland 

security. 

The FWC operates an aircraft fleet consisting of 7 airplanes and 8 helicopters. Until 

the enactment of FAR 91.205(h), the FWC has operated in excess of 15 years 

utiHzing Night Vision Goggles (NVG's) for night law enforcement operations. The 

FWC Aviation Section has experienced no accidents or incidents related to NVG use 

during its history of using NVG's. Each aircraft has instrument panel Ughting 

system modifications and instrumentation as necessary to operate the aircraft safely 

and effectively using NVG's. The NVG instrument panel lighting system 

modifications made are similar to the standards required by FAR 91.205(h), 

however, were not installed when Standard Tj^pe Certificate (STC) modifications 

were available or required. 

The enactment of FAR 91.205(h) has forced the agency to discontinue use of NVG's 

by our pilots and has severely impacted our flight operational safety and 

effectiveness. This ruling has necessitated night flights be conducted without the aid 

of night vision goggles which dramatically decreases visibility. This places the pilot 

and crew in increased danger due to the extreme darkness of the areas typically 

flown such as the Everglades and off-shore where a horizon is normally limited or 

non-existent. The loss of visual acuity severally limits effectiveness in locating 

MyFWC.com 
U.S. Department of Transportation 

Federal Aviation Administration 

Page 2 

May 17, 2010 

obstacles, terrain, potential search and rescue victims, criminal suspects and the law 

enforcement officers we work with. 

The enactment of FAR 91.205(h) has placed an undue economic burden on the 

agency. The FWC has solicited vendor bids for modification of aircraft Ughting 

systems to bring the aircraft into compliance with FAR 91.205(h). Bids exceeded 

$400,000 to modify all aircraft. Because several of our aircraft are of a model not 

currently covered by an existing NVG lighting system STC, the agency will bear the 

additional costs associated with research, development and acquisition of an STC or 

337 field approvals by the vendor. 

The State of Florida is experiencing significant budget shortfalls this year due to the 

lagging economy and reduced tax revenues. The agency does not have legislative 

budget allocations this year sufficient to pay for all aircraft modifications. To date, a 

purchase requisition in excess of $100,000 has been contracted with Aero Dynamix, 

Inc. to supply NVG lighting conversions for two of the agencies Bell 206 JetRanger 

helicopters. It is anticipated that two additional NVG lighting conversions will be 

contracted after the new fiscal year starting July 1, 2010. The FWC hopes to 

continue this process until all aircraft have been modified, however, this process my 

take several years. The FWC is also pursuing federal grant opportunities to secure 

funding for additional aircraft modifications. Again, this process may also take 

several years to complete. The FWC believes an exemption from FAR 91.205(h) for a 

period of 4 years should be a sufficient time period to allow the agency the necessary 

budgetary funding to bring all agency aircraft into compHance. 

The FWC Aviation Section has specific documented policies and procedures dictating 

the use of NVG's (See Attachment 1 - Excerpt Section XI, Pages 33-35), FWC 

Aviation Section Flight Operations Manual) to ensure safe NVG operations. PUot 

NVG initial training, recurrent training, and operational constraints and mandates 

are specified. The FWC Aviation Section has a Safety/Standardization Officer 

position specifically responsible for maintaining safe flight operations, recurrent 

pilot training and ensuring compliance with operating policies and procedures. 

The FWC Aviation Section operates with ITT 4949F NVG's. The 4949F NVG are 

approved by the FAA. All FWC Aviation Section NVG's receive regular inspection 

and maintenance as required by the manufacturer. NVG inspection and 

maintenance is contracted to an approved and recognized NVG inspection vendor. 

Aviation Specialties Unlimited (ASU). 

The FWC is confident NVG operations while operating under exemption from FAR 

91.205(h) will be conducted in a safe manner while giving the agency sufficient time 

to amortize the investment in bringing the aircraft into compliance without placing 

an undue economic burden upon the agency and the citizens of the state of Florida. 
U.S. Department of Transportation 

Federal Aviation Administration 

Page 3 

May 17, 2010 

A summary of the Petition for Exemption from FAR 91.205(h) is attached for 

publication in the Federal Register (See Attachment 2). 

If you have any questions, please do not hesitate to contact me. 

Sincerely, 

Captain Kevin M. Vislocky 

FWC Pubhc Safety Section 

(850) 922-4189 Ext. 114 Office 

(850) 251-7286 Cell 

Kevin.Vislockv@mvfwc.com 
U.S. Department of Transportation 

Docket Management System 

Attachment 1 

Page 1 

May 17, 2010 

SECTION XI 

NIGHT VISION GOGGLES 

A. Purpose 

Tlie following standard operating procedures are intended to provide guidance in the 

conduct of safe night operations while using NVGs. The primary purpose of night vision 

goggles is to increase the crew's ability to see outside the aircraft and provide an 

element of surprise against suspects while they are unprepared. The degree of success 

of a flight conducted with NVGs is directly related to the quality of flight planning and 

crew coordination. 

B. Qualification of Crew Members 

All crew members acting as pilot must have successfully completed an initial formal 

ANVIS (Aviator Night Vision Imaging System) training course or completed a military or 

government training course in the use of night vision goggles. All pilots using NVGs must 

hold an instrument rating. Crew members not rated in the aircraft acting in the capacity 

of co-pilot/FLIR observer or observer need to have completed a ground school on the 

ANVIS operator manual and be given an in-flight demonstration of operating techniques 

of the NVGs prior to conducting any operational missions. This instruction is to be taught 

by a pilot who has completed an authorized formal training course. 

C. Minimum Crew with NVG's 

1. For rotary wing aircraft, a pilot and observer/FLIR operator, both wearing NVGs, 

is required to safely perform ANVIS flight for Law Enforcement or Search and 

Rescue. Solo flight from airport to airport for the sole purpose of picking up a 

crew member is authorized. During certain mission profiles i.e. FLIR, it may be 

necessary for the non-flying crew member to operate the goggles in the "stowed 

up" position. Use of NVG's on landing to a helicopter dolly is prohibited. 

2. For fixed wing aircraft, a solo pilot may operate with NVGs above 1000' AGL. A 

pilot and observer may operate down to 500' AGL. Use of the goggles on takeoff 

or landing is not authorized. 

D. Recency of Experience 

In order to maintain currency as an NVG pilot, the individual must log at least 1 hour of 

NVG flight every 90 days. If a pilot exceeds 120 days, they will be required to complete a 

1 hour flight with a current NVG pilot prior to resuming NVG duties as pilot in command. 
U.S. Department of Transportation 

Docket Management System 

Attachment 1 

Page 2 

May 17, 2010 

NVG Operational Requirements 

1. ANVIS flight should be limited to a maximum of 5 flight hours in a helicopter or 7 

flight hours in an airplane with an operable autopilot per crew member duty 

period. Under certain demanding conditions i.e. very low ambient light, low 

visibility, low NVG experience, etc., a more restrictive flight hour limitation may be 

in order. The PIC should assess all risk factors and determine the appropriate 

flight time limits consistent with the particular situation and safe operation of the 

aircraft. 

2. ANVIS flight should not be conducted in weather conditions below basic VFR 

minimums (1000' - 3sm). NVGs can see through light obscurations such as light 

fog, haze, or smoke so it is easier to go inadvertent IMC (Instrument 

Meteorological Conditions) during ANVIS flight. As obscurations build, there will 

be increased video noise, lowering of ambient light level and decreased acuity. 

3. The maximum angle of bank for ANVIS flight should not exceed 30 degrees. 

4. Because of the difficulty in seeing obstructions, i.e. power lines, towers, antennas 

during ANVIS flight, the pilot shall fly at an airspeed that will allow him 

maneuvering space in time to avoid colliding with such obstacles. Airspeeds 

must be decreased if environmental factors restrict visibility. 

5. NVGs will not be utilized in Class B airspace or other areas of high density civil 

air traffic, except when the NVGs are essential to the safe conduct of the mission 

such as search and rescue. External navigation lights will always be operated 

lAW FAR 91.209. 

6. Cockpit lighting should be ANVIS compatible. It may be necessary to completely 

tape over non-essential lighting. There must be at least one (1) operable 

flashlight in the cockpit during NVG operations. It is also recommended that an 

ANVIS lip light be utilized during flight. 

7. ANVIS goggles must be inspected in accordance with the operator's manual prior 

to flight and found to be operating normally in order to conduct ANVIS flight. A 

zero time primary and spare battery shall always be available during ANVIS 

flight. The lanyard must be installed per the operator's manual prior to flight. 
U.S. Department of Transportation 

Docket Management System 

Attachment 1 

Page 3 

May 17, 2010 

NVG Flight Planning 

1. The Pilot-ln-Command will conduct a comprehensive flight/mission planning 

session prior to any NVG flight. Effective crew coordination and communication 

are critical for flight safety. Crew members should identify flight requirements 

that will necessitate effective crew communication and timing of crew actions i.e. 

radio communications, navigation, FLIR operations, use of external lights, etc. 

The crew should decide what the coordination will be to accomplish these 

requirements and discuss it during the planning phase. 

2. In addition to the passenger brief in Chapter V-E, the pre-flight planning and 

briefing with crew members for ANVIS operations should cover: 

a. Weather conditions - VFR required, inadvertent IMC procedure. 

b. Ambient light conditions - moon illumination and time, city lights, cloud 

cover. 

c. Aircraft preparation - lights, clean windscreen, fueling, squawks. 

d. Flight route - obstacles, safety map with marked hazards, altitudes, 

airspeeds, fuel. 

e. Communications - frequencies for ATC, surface patrol units, radio 

guard. 

f. Contingency plans - duties of crew members in case of certain aircraft 

emergencies. 

g. Mission - tasks necessary to accomplish the mission. 

h. Crew coordination - positive change of controls for pilots, observer's. 

in-flight role, 

i. Insure crew members understand their respective duties and 

responsibilities. 

NVG Preventative Maintenance 

1. A Night Vision Goggle preventative maintenance program based on the 

manufacturer's recommendations will be instituted to care for the goggles. A 

qualified contractor will be obtained to perform the necessary preventative 

maintenance and unscheduled repairs. 

2. After the conclusion of the night's activities, each set of goggles and associated 

equipment shall be wiped clean of all dirt and moisture, lenses cleaned with lens 

paper only, lens caps installed and returned to its storage case. Batteries should 

be removed from the battery pack to prevent corrosion from developing. 

3. Night Vision Goggles are a precise electro-optical instrument and must be 

handled carefully. Caution should be taken not to drop the goggles as severe 
U.S. Department of Transportation 

Docket Management System 

Attachment 1 

Page 4 

May 17, 2010 

damage may occur. If the tube breaks, do not allow the phosphor to come in 

contact with the skin. If contact is made, wash as soon as possible with soap and 

water. The phosphor is identified as a white chalky substance. 

Two forms will be maintained for the purposes of tracking ANVIS maintenance 

and inspections. A maintenance tracking sheet will be maintained separately 

from the goggles. All scheduled and unscheduled maintenance and initial 

distortion evaluations will be recorded on this form. A squawk sheet will be 

maintained within the ANVIS carrying case. The squawk sheet is used to record 

deficiencies found by the operator during flight or pre-flight. The most recent 

scheduled services completion date will be entered on the squawk sheet for 

operator verification. These forms will accompany the ANVIS during scheduled 

services. Goggles will receive preventative maintenance service every twelve 

(12) months. 
U.S. Department of Transportation 

Docket Management System 

Attachment 2 

Page 1 

May 17, 2010 

Summary: The Florida Fish and Wildlife Conservation Commission, Division of Law 

Enforcement, Aviation Section, submits a Petition for Exemption from FAR 91.205(h), 

allowing the agency to continue to operate its fleet of helicopters and airplanes utilizing 

Night Vision Goggles (NVG's) with existing modifications of aircraft instrument lighting 

systems untU within a period of 4 years the agency can bring all aircraft into comphance 

with FAR 91.205(h).