AFS-10-381-E Oct 08 2010

Exemption No. 10019A Regulatory Docket No. FAA-2009-0709

Mr. Daniel Horne Vice President of Operations Wings of Mercy, Inc.
10720 Adams Street Holland, MI 49423

Dear Mr. Horne:

This letter is to inform you that we have amended Exemption No. 10019. It explains the basis for our decision, describes its effect, and lists the revised conditions and limitations.

The Basis for Our Decision

On March 10, 2010 the Federal Aviation Administration (FAA) issued Exemption No. 10019, as amended. That exemption from § 61.113(c) of Title 14, Code of Federal Regulations (14 CFR), allows Wings of Mercy, Inc. (Wings of Mercy), to reimburse its volunteer pilots for fuel costs incurred in conducting charitable flights.

Our Decision

On April 19, 2010, the petitioner met with representatives of the FAA regarding Exemption No. 10019. Based upon the comments provided by the petitioner during the discussion (a copy included in Regulatory Docket No. FAA-2009-0709), the FAA has reevaluated and revised the conditions and limitations of the exemption, where appropriate, to clarify original content, list existing operational practices, and, more appropriately, define the intent of safety-related aspects of these conditions and limitations.

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Wings of Mercy, Inc., an exemption from 14 CFR2

§ 61.113(c) to the extent necessary to allow for reimbursement of its volunteer pilots for fuel costs incurred in conducting charitable flights, subject to the revised conditions and
limitations described below.

Conditions and Limitations

1. The exemption holder must have in place the following:

a. A structured and documented pilot registration process that has an annual renewal requirement and ensures that only qualified pilots who are registered and trained are conducting charitable flights. This process must include a means to verify registration prior to flight;

b. On-file documentation authenticating registered pilots’ experience, ratings, FAA physical, and any other information pertinent to the pilots’ qualifications;

c. A system that registers the pilot’s assertion, at the time he/she accepts a flight to accomplish, that he/she meets all minimum standards and appropriate currency requirements established by the FAA and all conditions and limitations set forth in this exemption, and will conduct the flight in accordance with all applicable Federal regulations; and

d. A file of all flight and reimbursement records shall be made available to the FAA for viewing at a designated office site location. Records shall be kept a minimum of 2 years.

2. The exemption holder must develop and implement a written set of standard operating procedures (SOPs) for crew resource management and ensure that all pilots who operate under this exemption use those SOPs. All flight crewmembers must receive and log annual training to the exemption holder’s SOPs and understand fully the division of responsibilities between the pilot in command (PIC) and second in command (SIC) during all phases of flight. The SOPs must include, at a minimum:

a. Division of responsibilities for the PIC and the SIC;

b. Communications processes, decisions, a nd coordination, to include communication with air traffic control and passengers;

c. Workload and time management;

d. Situational awareness;

e. Effects of fatigue on performance, avoidance strategies, and countermeasures;

f. Effects of stress and stress reduction strategies; and

g. Aeronautical decisionmaking and judgment.

3. The FAA may at any time or place conduct inspections of the pilot(s) and aircraft being flown in accordance with this exemption.3

4. All flights will be operated with two flight crewmembers.

5. All flights operated over water and beyond power-off glide distance from shore must be conducted in a multiengine aircraft.

6. All flight crewmembers must possess the following qualifications and aeronautical experience, as appropriate:

a. Must hold an instrument rating or privilege that is appropriate to the aircraft being flown;

b. Must have a current flight review (per § 61.56(a)) in the same aircraft category, class, and type (if a type rating is required) being flown;

c. Must be instrument current (per § 61.57(c) or (d), as appropriate) in the same aircraft category, class, and type (if a type rating is required) being flown;

d. Within the preceding 3 calendar months prior to the flight, the pilots must have logged, in the pilot stations(s) they will occupy under this exemption, at least three takeoffs and three landings to a full stop in the same aircraft category, class, and type (if a type rating is required) being flown. This condition may also be satisfied by having accomplished and logged at least three takeoffs and three landings to a full stop at night within the preceding 3 calendar months in the same aircraft category, class, and type (if a type rating is required) being flown;

e. The PIC must have a minimum total time of 600 hours, with no less than 400 hours as PIC, 100 hours of actual or simulated instrument time, 50 hours in category and class, 25 hours in category and class at night, and:

i. if the flight is to be conducted in a single-engine airplane, a minimum of 10 hours in the specific make and model of aircraft being flown; and

ii. if the flight is to be conducted in a multiengine airplane, a minimum of 15 hours in the specific make and model of the aircraft being flown; and

f. The SIC must have a minimum total time of 300 hours, with no less than 100 hours as PIC, 50 hours of actual or simulated instrument time, 50 hours in category and class, 25 hours in category and class at night, and:

i. if the flight is to be conducted in a single-engine airplane, a minimum of 5 hours in the specific make and model of the aircraft being flown; and

ii. if the flight is to be conducted in a multiengine powered airplane, a minimum of 5 hours in the specific make and model of the aircraft being flown.4

7. Flight duty, rest, and flight time limitations:

a. No pilot may fly more than 8 hours of pilot time (per § 61.1) within any 24- consecutive-hour duty day period;

b. No pilot may perform a duty day in excess of 12 consecutive hours (a duty day starts when the pilot arrives at the airport and begins preparation for the flight and terminates upon completion of the post-flight of the aircraft);

c. Once 12 consecutive hours of duty has been performed, the pilot must rest a period of at least 12 consecutive hours before conducting another flight.

8. Passenger and medical crew briefing requirement s: Prior to each takeoff, the PIC must ensure that all passengers have been orally briefed on the following:

a. The flight is being permitted under this grant of exemption and that the operator is not a certificated commercial operator;

b. When, where, and under what conditions smoking is allowed;

c. When, where, and under what conditions it is necessary to have his or her safety belt and, if installed, his or her shoulder harness fastened about him or her;

d. The placement of seat backs in an upright position before takeoff and landing;

e. Location and means for opening the passenger entry door and emergency exits;

f. Location of survival equipment;

g. Use of normal and emergency oxygen if installed;

h. Location and operation of fire extinguishers; and

i. The patient, who may need the assistance of another person to exit the aircraft if an emergency occurs, has received a briefing as to the procedures to be followed if an
evacuation occurs.

9. The exemption holder must ensure that all pilots operating under this exemption report all National Transportation Safety Board reportable events to the Board, exemption holder,
and to the FAA Certification and Genera l Aviation Branch, AFS-810, 800 Independence Avenue, SW., Washington, D.C. 20591-0001; telephone (202) 267-8212.

10. Aircraft requirements: Each aircraft must have a standard airworthiness certificate.

11. Aircraft maintenance: All maintenance must be performed by a certificated mechanic, repairman, or repair station. Aircraft com ponents must be overhauled prior to reaching
manufacturer’s recommended time between overhaul.

12. Areas of operations: All flights must remain within domestic United States airspace.5

13. The exemption holder will develop a preflight checklist to be used by every pilot who operates under this exemption to include, at a minimum, items related to:

a. Pilot health, rest, and physical condition;

b. Aircraft logbook and inspection and maintenance requirements;

c. Fuel requirements to include reserves;

d. Preflight inspection;

e. Equipment requirements specific to the flight;

f. Weight and balance data specific to each flight;

g. Weather conditions for departure, en route, and arrival phases of the specific flight to include all appropriate weather products, including windsocks and the like, to verify departure will be from the correct runway relative to wind conditions;

h. Passenger briefings specific to the flight to include at a minimum:

i. sterile cockpit conditions during taxi and takeoff until reaching cruise altitude and during descent from cruise altitude, descent, approach, landing, and taxi to ramp; and

ii. all passengers must be restrained by FAA-approved seatbelts or FAA-approved child safety seat. The only exceptions shall be for change of seat positions, quick access to luggage, care and/or feeding of child, or use of lavatory.

i. The checklist items 13a, c, e, f, and g must be provided to the exemption holder or left with a responsible person, such as a fixed base operator, prior to conducting a flight under this exemption. The competed checklist must be retained for 3 days.

14. The pilot must file and activate an instrument flight rules flight plan for each flight. The flight plan may be canceled upon acceptance of a visual approach clearance from air
traffic control.6

The Effect of Our Decision

The termination date of Exemption No. 10019 remains October 31, 2012, unless sooner superseded or rescinded. This letter must be attached to, and is a part of, Exemption
No. 10019.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards
Service