NATIONAL HEADQUARTER CIVIL AIR PATROL 

UNITED STATES AIR FORCE AUXILIARY 

MAXWELL AIR FORCE BASE, ALABAMA 36112-6332 

Col Rafael A. Robles, CAP 

General Counsel, Civil Air Patrol 

105 S Hansell St., Building 714 

Maxwell AFB, AL 36112-5927 

Telephone: 877-227-9142 (ext 234) 

Email: rrobles@capnhq.gov 

16 April2012 

U.S. Department of Transportation 

Docket Operations, M-30 

West Building Ground Floor 

Room W12-140 

1200 New Jersey Avenue, SE 

Washington DC 20590 

Re: Request for renewal of exemption No. 6771G 

Docket No. FAA-2001-9874 

Dear Sirs, 

,_~ 

C" ... ;.:;: 

,.._, 

::r·-

'r.) 

::::0 

,.D 

)> 

0 

c --

'· ' 

f.:')---~ 

~;_-,::,~-.. :, 

fn"'€:.:Cf-~ ---1(/32:~"" 

CJ<:;~-.U 

·oC);::i 

r-n::r:::..;.:; 

::o---l' 1 1 

>-::..> :.:z; -~-.. ~--~· 

o~.)o 

f}3 2----n 

This is a Petition to Renew, Exemption No. 6771G, Docket No. FAA-2001-9874, which is 

granted to Civil Air Patrol (CAP), the official Auxiliary of the United States Air Force (USAF). 

Exemption No. 6771G confers a partial grant of exemption from section 61.113(e) to allow 

members of CAP who hold private pilot certificates to be reimbursed for fuel, oil, supplemental 

oxygen, fluids, lubricants, preheating, deicing, airport expenses, servicing, and maintenance and 

per diem expenses for flights directly related to USAF -assigned missions. Additionally, the 

exemption permits certain CAP operations, including CAP/Air Force Reserve Officers' Training 

Corps cadet orientation. Finally, the FAA grants an exception to 14 CFR 61.113(a) to the extent 

necessary to allow CAP pilots to log flight time only in accordance with 14 CFR 61.51. 

It is worth noting that: 

a. CAP pilots fly numerous hours of voluntary time spent in furtherance of USAF 

and Corporate Missions that are closely controlled and conducted to further US adult 

and youth aerospace education, search and rescue, and Homeland Security. 

b. There is no compensation as members typically fly corporate aircraft funded by 

USAF and fuel/oil/maintenance expenses are for USAF's usage of CAP provided 

aircraft and not individual members. CAP does allow, on limited approved basis, 

usage of personal aircraft and in such instances, fuel/oil/maintenance reimbursement 

would be allowed to the member at the same CAP rate. 

c. Members spend much time within CAP organization on duties and requirements 

that far outweigh any flight time benefit. Anyone seeking flight time would come out 

ahead just renting aircraft for time accumulation. Of course any furtherance of 

ratings is a plus to any pilot, but CAP does not allow any funded flight instruction to 
US Department of Transportation 

Docket Operations, M30 

16 April2012 

Page 2 

adult members. 

d. There is no safety impact within the petition for exemption. Without the 

exemption, the impact to the CAP and the nation is detrimental to the country's 

aerospace industry, pipeline of youth into the military, US emergency services to the 

public, drug dependency reduction and homeland security. 

All of the situations covered by our exemptions are conducted in the same spirit as CFR 61.113e. 

CAP has no substantive changes to the basis for our exemptions and has maintained a safety 

record that surpasses that of the rest of general aviation. 

The current exemption is due to expire on May 31, 2012. 

CAP hereby petitions for renewal of that exemption as stated herein, subject to the same 

conditions and limitations, for an additional term. 

The information, views and arguments submitted by CAP which served as the basis for the 

finding of public interest and the equivalent level of safety upon which the original Partial Grant 

of Exemption was based remain unchanged ahd are supplemented with the following 

information: In the period 2000 through 2011, CAP's flying program continued to operate at an 

extremely high level of safety, generally exceeding that of general aviation, experiencing an 

overall aviation accident rates as follows: 

Civil 

Air General 

Year Patrol Aviation 

2000 0.94 5.78 

2001 3.57 5.81 

2002 7.37 6.21 

2003 4.43 6.64 

2004 5.23 6.04 

2005 2.77 6.64 

2006 1.84 6.00 

2007 3.70 6.55 

2008 2.84 6.28 

2009 3.57 6.60 

2010 1.78 6.86 

2011 0.98 not avail 

* Per 100,000 hours 

**Pr~lifi!in_!ITY accident rate 
US Department of Transportation 

Docket Operations, M30 

16 April2012 

Page 3 

P petitions the FAA to renew its Exemption No. 6771G for an additional term. 

1. Civil Air Patrol Aircraft Operations under FAR Exemptions 

______________________ ............ . 
Colonel Rafael A. Robles 

General Counsel 

Civil Air Patrol 

105 South Hansell Street 

Nov 9 2010 

Maxwell Air Force Base, AL 36112-6332 

Dear Colonel Robles: 

Exemption No. 6771G 

Regulatory Docket No. FAAThis letter is to inform you that we have granted your petition to amend Exemption N 

as amended. It explains the basis for our decision and describes its effect. 

The Basis for Our Decision 

By letter dated June 4, 2010, you petitioned the Federal Aviation Administration (FA 

behalf of Civil Air Patrol (CAP) for an amendment to Exemption No. 6771, as amended. 

amendment you requested included clarification regarding United States Air Force (US 

assigned missions to the CAP and included a reference to the CAP/Air Force Junior Re 

Officer's Training Corps (AFJROTC) cadet orientation program, revised CAP document 

reference. 

After our review of your request, the FAA has amended Exemption No. 6771, as amended 

regarding references to AFJROTC and the CAP documents. However, concerning your 

request for clarification of USAF-assigned missions, the exemption provides for CAP 

flight series missions assigned to the CAP by USAF when the CAP is acting as an inst 

of the United States (i.e., as an organization that serves a public purpose on behal 

United States) and is within the scope of its defined purpose under Title 36 of the 

States Code. This includes, but is not limited to, the permitted reimbursement of ex 

pilot when conducting search and location operations, disaster relief operations, ae 

education for youth and the general public, cadet programs, homeland security and co 

service missions. To that end, we have also revised condition No. 1. 

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

in the Federal Register because the requested amendment to the exemption would not s 

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

Our Decision 

The FAA has determined that the justification for the amendment of Exemption No. 677 

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

exemption includes relief from Title 14 Code of Federal Regulations (14 CFR) § 61.11 

extent as allowed by the conditions and limitations section of this exemption. Ther 

under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrat 

has delegated to me, I grant your petition for amendment to Exemption No. 6771, as a 

subject to the conditions and limitations below. 

Conditions and Limitations 

1. This exemption only applies to a flight or series of flights directly rela 

assigned missions or missions assigned by the USAF in accordance with a memorandum 

of understanding with a United States Government agency and is within the CAP's 

purpose as defined within Title 36 of the United States Code, part B, chapter 403, 

section 40302. This includes CAP/AFJROTC orientation. 

2. CAP members who hold private pilot certificates and provide an aircraft for u 

CAP missions listed in condition No. 1 may be reimbursed for aircraft operating 

expenses directly related to the mission at a fixed rate in accordance with CAP 

Regulation 173-3, as amended. 

3. CAP members who hold private pilot certificates and operate a CAP-owned aircr 
for use in CAP missions listed in condition No. 1 may be reimbursed for aircraft 

operating expenses directly related to the mission. These operating expenses are 

limited to fuel, oil, supplemental oxygen, fluids, lubricants, servicing, and 

maintenance of the aircraft. 

4. CAP members who hold private pilot certificates may be reimbursed for non-air 

operating expenses directly related to CAP missions listed in condition No. 1. Thes 

expenses are limited to preheating, deicing, and airport expenses. 

5. CAP members who hold private pilot certificates may, if operational considera 

require an overnight stay away from the pilot's home base and while on a CAP 

mission listed in condition No. 1, receive per diem expenses up to the rate listed i 

CAP Regulation 173-3, as amended. 

6. The CAP will inform the Administrator of any changes to CAP regulations that 

have an effect on this exemption at least 30 days before the change. 

7. Only the following personnel are permitted to be aboard an aircraft operated 

exemption: 

a. Pilot crewmembers who are officially authorized by the CAP; 

b. CAP members; 

c. Members of the u.s. armed services; and 

d. Government employees or personnel who are officially authorized by the CAP 

to aid in the performance of the approved flight activity, including CAP or 

AFJROTC cadets during cadet orientation flights. 

B. Cadet orientation flights will be conducted in accordance with CAP documents 

CAPF 5; CAPP 52-7 (Cadet Orientation Flight Syllabus}; CAPR 52-16 (Cadet Program 

Management}; CAP Regulation 60-1 (CAP Flight Management}, as 

amended; and all other applicable CAP regulations, manuals, forms, and policies. 

9. Each CAP member operating under this exemption must meet the experience, trai 

and testing requirements in CAP Manual CAPP 52-16; CAP Regulation 60-1, 

as amended; and 14 CFR part 61. 

10. The CAP must maintain a current record of each pilot operating under this ex 

The record must include at least the following: 

a. Name of the pilot; 

b. Facsimile of the person's pilot and medical certificates; 

c. Make and model of each aircraft; 

d. USAF mission number; 

e. Itinerary and total time of each flight; and 

f. A purchase receipt with an itemized listing of all reimbursable costs incurre 

while performing under the conditions and limitations of this exemption. The 

pilot logbook is not acceptable for this record. 

11. The records required under condition No. 10 must be retained by the CAP for 

1 year and must be presented to the Administrator upon request. 

12. The CAP must ensure its supervisory personnel, its member pilots, and any ot 

personnel who participate or are aboard any aircraft operated under this exemption a 

familiar with the provisions contained in this exemption. 

The Effect of Our Decision 

our decision maintains the termination date of Exemption No. 6771, as amended, to 

May 31, 2012 unless sooner superseded or rescinded. This letter must be attached to 

part of, Exemption No. 6771. 

Sincerely, 

/s/ 

John M. Allen 

Director, Flight Standards Service 

AFS-10-319-E 
:3:-C:t:C:-Ot-S.B:V 
rJ 

US. Deportment 

of Transportation 

Federal Aviation 

Administration 

May 28,2010 

Colonel Rafael A. Robles 

General Counsel 

Civil Air Patrol 

105 South Hansell Street 

Maxwell Air Force Base, AL 36112-6332 

Dear Colonel Robles: 

Exemption No. 6771F 

800 Independence Ave . SW 

Washington, D.C. 20591 

Regulatory Docket No. FAA-2001-9874 

This letter is to inform you that we have granted your petition to extend Exemption No. 6771, 

as amended. It explains the basis for our decision and describes its effect. 

The Basis for Our Decision 

By letter dated April9, 2010, you petitioned the Federal Aviation Administration (FAA) on 

behalf of the Civil Air Patrol (CAP) for an extension of Exemption No. 6771, as amended. 

That exemption from§§ 61.113(e) and 119.1(a) of Title 14, Code of Federal Regulations 

(14 CFR) allows CAP to reimburse CAP members who are private pilots for fuel, oil, 

supplemental oxygen, fluids, lubricants, preheating, deicing, airport expenses, servicing, 

maintenance expenses, and certain per diem expenses incurred while serving on official U.S. 

Air Force (USAF)-assigned CAP missions. Additionally, this exemption permits certain CAP 

operations, including CAP/Air Force Reserve Officers' Training Corps (AFROTC) cadet 

orientation. 

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. 

In your petition, you also request a review of Exemption No. 6771, as amended, to clarify the 

logging of flight time for CAP private pilots operating in accordance with said exemption. 

AFS-10-232-E 
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 CAP. 

Our Decision 

The FAA has considered fully the petitioner's inquiry. In response to your request for 

clarification of private pilots' logging of flight time, the FAA is granting an exemption to 

14 CFR § 61.113(a) to the extent necessary to allow CAP pilots to log flight time only, in 

accordance with 14 CFR § 61.51. 

The FAA has determined that the justification for the issuance of Exemption No. 6771, 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. 40113 and 44701, which the FAA 

Administrator has delegated to me, I grant your petition, subject to the conditions and 

limitations below. 

Conditions and Limitations 

1. This exemption applies only to a flight or series of flights directly related to USAFassigned missions when the CAP is operating as an instrumentality of the United 

States. No corporate missions may be operated under this exemption. 

2. CAP members who hold private pilot certificates and provide an aircraft for use in 

CAP missions listed in condition No. 1 may be reimbursed for aircraft operating 

expenses directly related to the mission at a fixed rate in accordance with CAP 

Regulation 173-3, as amended. 

3. CAP members who hold private pilot certificates and operate a CAP-owned aircraft 

for use in CAP missions listed in condition No. 1 may be reimbursed for aircraft 

operating expenses directly related to the mission. These operating expenses are 

limited to fuel, oil, supplemental oxygen, fluids, lubricants, servicing, and 

maintenance of the aircraft. 

4. CAP members who hold private pilot certificates may be reimbursed for non-aircraft 

operating expenses directly related to CAP missions listed in condition No. 1. These 

expenses are limited to preheating, deicing, and airport expenses. 

5. CAP members who hold private pilot certificates may, if operational considerations 

require an overnight stay away from the pilot's home base and while on a CAP 

mission listed in condition No. 1, receive per diem expenses up to the rate listed in 

CAP Regulation 173-3, as amended. 

6. The CAP will inform the Administrator of any changes to CAP regulations that may 

have an effect on this exemption at least 30 days before the change. 

2 
7. Only the following personnel are permitted to be aboard an aircraft operated under this 

exemption: 

a. Pilot crewmembers who are officially authorized by the CAP; 

b. CAP members; 

c. Members ofthe U.S. armed services; and 

d. Government employees or personnel who are officially authorized by the CAP 

to aid in the performance of the approved flight activity, including CAP or 

AFROTC cadets during cadet orientation flights. 

8. Cadet orientation flights will be conducted in accordance with CAPF 5; CAPF 77; 

CAP Manual 50-16, as amended; CAP Regulation 60-1, as amended; and all other 

applicable CAP regulations, manuals, forms, and policies. 

9. Each CAP member operating under this exemption must meet the experience, training, 

and testing requirements in CAP Manual 50-16, as amended; CAP Regulation 60-1, 

as amended; and part 61. 

10. The CAP must maintain a current record of each pilot operating under this exemption. 

The record must include at least the following: 

a. Name ofthe pilot; 

b. Facsimile of the person's pilot and medical certificates; 

c. Make and model of each aircraft; 

d. USAF mission number; 

e. Itinerary and total time of each flight; and 

f. A purchase receipt with an itemized listing of all reimbursable costs incurred 

while performing under the conditions and limitations of this exemption. The 

pilot logbook is not acceptable for this record. 

11. The records required under condition No. 10 must be retained by the CAP for at least 

1 year and must be presented to the Administrator upon request. 

3 
12. The CAP must ensure its supervisory personnel, its member pilots, and any other 

personnel who participate or are aboard any aircraft operated under this exemption are 

familiar with the provisions contained in this exemption. 

The Effect of Our Decision 

Our decision extends the termination date of Exemption No. 6771, as amended, to 

May 31, 2012, unless sooner superseded or rescinded. 

Sincerely, 

Is/ 

Raymond Towles 

Acting Director, Flight Standards 

Service 

4