AFS-15-1062-E 

June 30, 2015 

 Exemption No. 10294B 

 Regulatory Docket No. FAA-2011-0324 

Mr. Alan Sheiness 

Chairman of the Board of Directors 

Patient AirLift Services, Inc. 

120 Adams Boulevard 

Farmingdale, NY 11735 

Dear Mr. Sheiness: 

This letter is to inform you that we have granted your petition to extend and amend 

Exemption No. 10294, as amended. It explains the basis for our decision, describes its effect, 

and lists the conditions and limitations. 

The Basis for Our Decision 

By letter dated March 30, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Patient AirLift Services, Inc. (PALS) for an extension of Exemption No. 10294, as 

amended. That exemption from § 61.113(c) of Title 14, Code of Federal Regulations (14 

CFR) allows PALS to reimburse its volunteer pilots for fuel costs incurred in conducting 

charitable flights. 

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 the original exemption. 

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested extension of the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to PALS. 

The FAA updates and modifies conditions and limitations of its exemptions as they are 

issued, and the conditions and limitations of Exemption No. 10294, as amended, have been 

updated for consistency with recently issued exemptions for this relief. 
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Previous Condition/Limitation No. 2 has been absorbed into Condition/Limitation No. 1 to 

conform to Public Law 112-95 Section 821(c), which provides a definition of a Volunteer 

Pilot Organization (VPO). 

Condition/Limitation No. 2 has been added to conform to Public Law 112-95, Section 

821(a)(2), ensuring PALS meets the definitions outlined in Condition/Limitation No. 1. 

Previous Condition/Limitation No. 1 has been modified and is now Condition/Limitation 

No. 3. The purpose for modifying this condition and limitation was for consistency with 

Condition/Limitation Nos. 1 and 2, and to include repositioning flights. The FAA expects that 

these repositioning flights will occur to and from the aircraft’s home base (i.e., where the 

aircraft is normally secured), and will be the most direct routing that is practical given 

airspace, weather, etc. The FAA also expects that for every flight that transports a client, there 

would be the potential for two additional repositioning flights, consisting of a flight from the 

home base to the client and a flight back to the home base following client drop-off. However, 

the FAA has not defined a maximum number of flights in Conditions/Limitations No. 3 in 

order to not preclude the pilot from landing at an intermediate location if necessary for 

weather or other unanticipated conditions. 

Previous Condition/Limitation No. 3 is now Condition/Limitation No. 4, which requires 

PALS to ensure the proper documentation is maintained and made available upon request to 

any representative of the FAA. 

Previous Condition/Limitation No. 4 is now Condition/Limitation No. 5 and has been 

modified. The former provisions that specified certain minimum total aeronautical experience 

have been combined into Condition/Limitation No. 5(b). Based on feedback from industry, 

the FAA no longer believes that there needs to be higher total times for either multiengine 

operations or for turbine powered aircraft. Therefore, the previous Condition/Limitations 

Nos. 3(c) and 3(d) have been removed. The FAA believes that time previously established in 

single-engine piston aircraft is sufficient for all aircraft types. The reduction in hours for the 

multiengine and turbine aircraft is found acceptable due to the requirement for 50 hours in the 

specific make and model (found in Condition/Limitation No. 5(b)), as well as the 

requirements for recent experience (found in Condition/Limitations Nos. 5(c) and 5(d)). 

In addition to meeting the instrument currency requirements of § 61.57(c) specified in 

Condition/Limitation No. 5(h), Condition/Limitation No. 5(g) has been modified to clarify the 

requirements for an instrument proficiency check (IPC) within the previous 12 calendar 

months. This Condition/Limitation gives the FAA assurance that the annual proficiency 

checking and testing will include a review of the basic requirements in § 61.57. For the 

purpose of complying with this Condition/Limitation, pilots operating under this exemption 

may not substitute the IPC for meeting the currency requirements of § 61.57(c). 

Previous Condition/Limitation No. 5 is now Condition/Limitation No. 6, which describes the 

flight duty, rest, and flight time limitations while operating under this exemption. 
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Previous Condition/Limitation No. 6 is now Condition/Limitation No. 7 and has been 

adjusted to reflect appropriate training for charitable medical flight operations. Also, 

Condition/Limitation No. 7 was updated with a website link to an FAA sample briefing 

instruction document. 

Previous Condition/Limitation No. 7, which describes briefing requirements for certain 

patients, has been clarified and placed into Condition/Limitation No. 11(f). 

Condition/Limitation No. 8 has been added for consistency with Public Law 112-95, Section 

821(a)(2). 

Previous Condition/Limitation No. 10 is now Condition/Limitation No. 9, which requires 

each aircraft operated under this exemption to have a standard airworthiness certificate. 

Previous Condition/Limitation No. 11 is now Condition/Limitation No. 10 and has been 

amended to remove the requirement that all maintenance must be performed by a certificated 

mechanic, repairman, or repair station. This amendment is in response to feedback from the 

charitable medical flight industry. The FAA finds that it would be acceptable for a pilot who 

meets the criteria of § 43.3(g) to perform preventative maintenance (described in Appendix A 

to part 43) on an aircraft covered under this exemption. 

Condition/Limitation No. 10 is also amended to remove the specific requirement for engine, 

propeller, and component overhaul requirements. The FAA recognizes the volunteer nature of 

these operations and that it may not be practical for the owner/operator to conduct an engine, 

propeller, or component overhaul at the manufacturer’s recommended interval. The FAA has 

amended this Condition/Limitation to reflect more appropriate maintenance requirements for 

the operations conducted under this exemption. 

Previous Condition/Limitation No.13 is now Condition/Limitation No. 11 and has been 

adjusted for clarification and standardization with similarly granted exemptions. In addition, 

Condition/Limitation 11(a) is adjusted to clarify when an IFR flight plan may be cancelled. 

The previous Condition/Limitations No. 13(d) has been removed to allow for a circling 

approach based on IPC requirements found in 5(g). Condition/Limitation 11(e) has been 

adjusted for conformance with approach landing minimums described in 11(c). 

Previous Condition/Limitation No. 14 is now Condition/Limitation No. 12 and has been 

modified to require a risk assessment tool that is more appropriate for a Charitable Medical 

Flight (CMF) operation. PALS is now required to identify a risk value that, if exceeded, 

would require a pilot to cancel or postpone a flight. Further, PALS is now required to retain 

completed risk assessment tools for a minimum of 30 days instead of three days. 
 4

The previous Condition/Limitation No.8, which required PALS to establish an initial pilot 

training program, has been moved to Condition/Limitation No. 13 and has been adjusted to 

reflect appropriate training for CMF operations. 

Previous Condition/Limitation No. 9 is now Condition/Limitation No. 14 and has been 

amended to require PALS’s recurrent training program to contain the elements of PALS’s 

initial pilot training program. 

Previous Condition/Limitation Nos. 15, 16 and 17 have been amended and combined into 

Condition/Limitation No. 15. Condition/Limitation No. 15 requires that PALS receives FAA 

acceptance for its risk assessment tool (required by Condition/Limitation No. 12) and its 

initial and recurrent ground training programs (required by Condition/Limitation Nos. 13 and 

14). 

Condition/Limitation No. 16 has been added to require PALS to keep a copy of the most 

recent aircraft annual inspection for each aircraft eligible to operate under this exemption. 

Previous Condition/Limitation No. 12 is now Condition/Limitation No. 17 and is modified for 

consistency with similarly granted exemptions. 

Condition/Limitation No. 18 was added for consistency with similarity granted exemptions 

and allows the FAA to conduct inspections of the pilots, aircraft, or records associated with 

this exemption. 

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 10294, as 

amended, remains valid with respect to this exemption and is in the public interest. 

Therefore, under the authority provided by 49 U.S.C. 106(f), 40113 and 44701, which the 

FAA Administrator has delegated to me, I hereby grant Patient AirLift Services, Inc., an 

exemption from 14 CFR § 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 

following conditions and limitations. 

Conditions and Limitations 

1. Definitions: 

a. Charitable Medical Flight (CMF): A flight operation to provide transportation 

for an individual or organ for medical purposes (and for other associated 

individuals), if the aircraft owner or operator has volunteered to provide such 

transportation. 

b. Volunteer Pilot Organization (VPO): An organization that: 

i. is described in section 501(c)(3) of the Internal Revenue Code of 1986 

and is exempt from taxation under section 501(a) of such Code; and 
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ii. is organized for the primary purpose of providing, arranging, or 

otherwise fostering charitable medical transportation. 

2. Before exercising the privileges of this exemption, PALS must ensure it meets the 

definition of a VPO and that the flight meets the definition of a CMF. 

3. This exemption may be exercised only for CMFs conducted by PALS. A CMF 

includes flights that are intended to reposition the aircraft to the client pick-up 

location, as well as reposition the aircraft following the client drop-off. Repositioning 

flights must be from the aircraft home base to and from the point of client pickup/drop-off location by the most practical route. 

4. PALS must ensure the following items are available to any representative of the FAA 

Administrator, upon request: 

a. A detailed description of PALS’s process for verification of pilot qualification 

and training. This process must include a means to verify pilots’ qualifications 

to act as pilot-in-command (PIC) prior to each flight; 

b. Documentation showing all PALS pilots’ flight experience, airman certificate 

information, and currency of FAA medical certificate; 

c. Documentation from each pilot showing that at the time he/she accepts a CMF 

under this exemption, he/she meets all minimum standards and appropriate 

currency requirements established by PALS, part 61, and all conditions and 

limitations of this exemption; and 

d. Documentation of each flight and reimbursement containing the following 

information, at a minimum: 

i. Name and pilot certificate number of the PIC; 

ii. Name and identifier of the departure and arrival airports; 

iii. Name of all occupants of the airplane excluding the PIC; 

iv. Date and time of departure and arrival; and 

v. Amount of the fuel reimbursement. 

e. All the documentation required under Condition/Limitation No. 4 must be 

maintained by PALS for a minimum of 24 calendar months. 

5. All pilots operating under the terms of this exemption must possess the following 

certificates, qualifications and aeronautical experience — 

a. An instrument rating or Airline Transport Pilot (ATP) certificate that is 

appropriate to the aircraft being flown; 
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b. A minimum total time of 500 hours, with no less than 400 hours as PIC, and a 

minimum of 50 hours in the specific make and model of the aircraft being 

flown; 

c. A minimum of 50 hours as PIC must have been logged within the preceding 

12 calendar months immediately preceding the month of the flight; 

d. A minimum of 12 hours flown and logged within the preceding 3 calendar 

months prior to the month of flight. In lieu of this requirement, a pilot may 

have logged 2 hours of flight training with a certificated flight instructor within 

the preceding 3 calendar months prior to the month of the flight; 

e. A second-class medical certificate (per §§ 61.23(a)(2)(ii) and 61.2); 

f. A current flight review (per § 61.56(a)) in the same aircraft category, class, 

and type (if a type rating is required) being flown; 

g. Within the preceding 12 calendar months, an instrument proficiency check 

(IPC) meeting the requirements of § 61.57(d). The IPC must be conducted in 

accordance with the Instrument Rating Practical Test Standards. This 

requirement can be substituted by a FAA practical test for an ATP certificate 

or instrument rating. 

h. In addition to meeting the IPC requirement of § 61.57(d) as specified in 

Condition/Limitation No. (5)(g), the pilot must meet the recent flight 

experience requirements of § 61.57(c), in the same aircraft category, class, and 

type (if a type rating is required) being flown; 

i. For all operations under this exemption, the pilot must meet the recent flight 

experience requirements for night operations (per § 61.57 (b)) in an aircraft of 

the same category, class, and type (if a type rating is required). 

6. All operations under this exemption must be in compliance with the following flight 

duty, rest, and flight time limitations (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 inspection of the aircraft): 

a. No pilot may fly more than 8 hours of flight 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; and 

c. Once the pilot has performed 12 consecutive hours of duty, the pilot must rest 

a period of at least 12 hours before conducting any other CMF. 

7. Prior to each takeoff, the PIC must ensure that all occupants have been orally briefed 

on the following: 
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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. Use of safety belts, shoulder harnesses, and child restraint systems: When, 

where, and under what conditions it is necessary to fasten passenger safety 

belts and, if installed, shoulder harnesses; 

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 installed; and 

h. Location and operation of fire extinguishers. 

An FAA sample briefing document can be found in the July/August 2014 edition of 

the FAA Safety Briefing Magazine, located online at: 

http://www.faa.gov/news/safety_briefing/2014/media/JulAug2014.pdf#page=26

8. PALS must implement procedures to notify the passengers (or their legal guardians) 

that will be on the flight that the flight operation is for charitable purposes and is not 

subject to the same FAA requirements as a commercial flight. These procedures must 

allow for the notification to be given as early as possible to the passengers (or their 

legal guardians). Such notification must also be provided to any individual that 

inquires about receiving or scheduling a CMF. 

9. Each aircraft operated under this exemption must have a standard airworthiness 

certificate. 

10. The aircraft must be maintained and inspected in accordance with 14 CFR part 91 

Subpart E, 14 CFR part 43, or other inspection programs approved by the FAA. 

11. All pilots operating under this exemption must comply with the following 

requirements: 

a. All flights operated under this exemption must activate an IFR flight plan. The 

earliest the flight plan may be canceled is upon visual contact with the 

destination airport; 

b. For flights in instrument meteorological conditions (IMC), each pilot may only 

use airports that have a functioning, published, precision approach procedure; 

c. Each pilot must add 100 feet and 1⁄2 mile to all instrument approach minimums; 

d. Each pilot must add 50 percent to pilot operating handbook (POH) runway 

length performance for obstacle clearance on takeoff and landing under 

ambient conditions; 
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e. For IMC takeoff minimums, each pilot must ensure that the weather meets 

approach landing minimums with the additional margin noted in 

Condition/Limitation No. 11 (c) (Example: If the Baltimore-Washington 

International Airport minimums are 200/1/2, then the takeoff minimums will 

be at least 300 feet and 1 statute-mile visibility); 

f. Prior to each takeoff, the PIC must ensure that patients, who may need the 

assistance of another person to exit the aircraft if an emergency occurs, have 

received a briefing as to the procedures to be followed if an evacuation occurs; 

g. Each pilot will utilize and brief passengers about sterile cockpit procedures as 

defined under § 135.100. 

12. PALS must develop and implement a preflight risk assessment tool. The tool must be 

completed by the PIC before each flight and must be transmitted to PALS prior to 

takeoff for any flight operated under this exemption. The completed tool must be 

retained by PALS for a minimum of 30 days. PALS must identify a maximum score 

flight value, or other appropriate measure, that is permissible for a flight to be initiated 

under this exemption. Sample risk assessment tools are available from the following 

sources: 

i. FAA Information for Operators (InFO) 07015: 

http://www.faa.gov/other_visit/aviation_industry/airline_operators/airli

ne_safety/info/all_infos/media/2007/info07015.pdf. 

ii. The AOPA Flight Risk Evaluator: (http://flash.aopa.org/asf/flightrisk/) 

The FAA recognizes that any sample tool used to assess any potential safety risk 

during preflight planning should be modified to adequately address the risk for general 

aviation aircraft and PALS’s specific operation. As an example, the sample Flight 

Risk Assessment Tool as outlined in InFo 07015 scores icing as a risk value of 5 when 

it is moderate to severe. However, for most general aviation aircraft, known icing 

conditions of any value should be considered grounds for cancellation or 

postponement of a flight. 

13. PALS must develop and implement an initial pilot ground training program that 

includes the following: 

a. Principles and methods for determining weight and balance, and runway 

limitations for takeoff and landings; 

b. Completion of the online AOPA Foundation Air Safety Institute Course: 

Public Benefit Flying: Balancing Safety and Compassion;

c. Completion of the online AOPA Foundation Air Safety Institute Course: 

Single Pilot IFR; and 

d. Informing the pilot of where a copy of this exemption can be located and 

requiring the pilot to become familiar with the conditions and limitations. 
 9

14. Recurrent training is required for all pilots operating under this exemption. The annual 

recurrent training program must include verification that each pilot is adequately 

trained, current, and proficient on all of the elements in the PALS initial pilot training 

program described in Condition/Limitation No. 13. 

15. PALS may not exercise the privileges of this exemption unless PALS receives 

verification indicating acceptance of the PALS risk assessment tool 

(Condition/Limitation No. 12) and the initial and recurrent pilot ground training 

program (Condition/Limitation Nos. 13 and 14) from the FAA General Aviation & 

Commercial Division (AFS-800). This document may be sent to the FAA Airman 

Certification and Training Branch, 800 Independence Ave SW, Washington DC 20591 

or via e-mail to 9-AFS-800-Correspondence@faa.gov. 

16. PALS must maintain a copy of the aircraft logbook entry for the most recent annual 

inspection of any aircraft used to conduct flights under this exemption. 

17. All flights operated under this exemption must remain within domestic United States 

airspace. 

18. The FAA may, at any time or place, conduct inspections of the pilots, aircraft, and any 

records required to be kept in accordance with this exemption. 

The Effect of Our Decision 

This exemption terminates on June 30, 2017, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John Barbagallo 

Deputy Director, Flight Standards Service