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 105S 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}32----n Thisisa Petition to Renew, Exemption No. 6771G, Docket No. FAA-2001-9874, which is granted to Civil Air Patrol (CAP), the official Auxiliary ofthe United States Air Force (USAF). Exemption No. 6771G confers a partial grant of exemption from section 61.113(e) to allow

members ofCAP who hold private pilot certificates tobe 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 to14 CFR 61.113(a) tothe extent necessary to allow CAP pilots tolog flight time onlyin accordance with14 CFR 61.51. Itis worth noting that: a. CAP pilots fly numerous hours of voluntary time spent in furtherance of USAF and Corporate Missions thatare closely controlled and conducted to further US adult and youth aerospace education, search and rescue, and Homeland Security.

b. There isno compensation as members typically fly corporate aircraft funded by USAF and fuel/oil/maintenance expenses arefor USAF's usage ofCAP provided aircraft andnot individual members. CAP does allow, on limited approved basis,

usage of personal aircraft andinsuch instances, fuel/oil/maintenance reimbursement would be allowed tothe member atthe same CAP rate. c. Members spend much time within CAP organization on duties and requirements thatfar 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 isaplustoany pilot, but CAP does not allow any funded flight instruction toUS Department of Transportation Docket Operations, M30 16 April2012Page2 adult members. d. There isno safety impact within the petition for exemption. Without the exemption, the impact tothe CAP andthe nation is detrimental tothe country's

aerospace industry, pipeline of youth into the military, US emergency services tothe public, drug dependency reduction and homeland security. Allofthe situations covered byour exemptions are conducted inthe same spirit asCFR 61.113e. CAP hasno substantive changes tothe basis forour exemptions andhas maintained a safety record that surpasses thatoftherestof general aviation. The current exemption isdueto expire on May 31, 2012. CAP hereby petitions for renewal ofthat exemption as stated herein, subject tothe same conditions and limitations, foran additional term. The information, views and arguments submitted by CAP which served asthe basis forthe finding of public interest andthe equivalent level of safety upon which the original Partial Grant of Exemption was based remain unchanged ahdare supplemented with the following information: Inthe period 2000 through 2011, CAP's flying program continued to operate atan extremely high level of safety, generally exceeding thatof general aviation, experiencing an overall aviation accident ratesas follows: CivilAir 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 rateUS Department of Transportation Docket Operations, M30 16 April2012Page3 P petitions the FAAto renew its Exemption No. 6771G foran additional term. 1.Civil Air Patrol Aircraft Operations under FAR Exemptions______________________ .............Colonel Rafael A. Robles General Counsel Civil Air Patrol 105 South Hansell Street Nov9 2010 Maxwell Air Force Base, AL 36112-6332 Dear Colonel Robles: Exemption No. 6771G Regulatory Docket No. FAAThis letter isto 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 asan inst of the United States (i.e., asan organization that serves a public purpose on behal United States) and is within the scope of its defined purpose under Title 36of 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 nots 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 isin 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 by49 U.S.C. 40113 and 44701, which the FAA Administrat has delegated to me,I grant your petition for amendment to Exemption No. 6771, asa subject to the conditions and limitations below. Conditions and Limitations 1. This exemption only applies toa 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 36of 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 foru CAP missions listed in condition No.1may be reimbursed for aircraft operating expenses directly related to the mission ata fixed rate in accordance with CAP Regulation 173-3, as amended. 3. CAP members who hold private pilot certificates and operate a CAP-owned aircrfor use in CAP missions listed in condition No.1may 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 onaCAP mission listed in condition No. 1, receive per diem expenses upto 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 tobe 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. AllenDirector, Flight Standards Service AFS-10-319-E:3:-C:t:C:-Ot-S.B:VrJUS. Deportment of TransportationFederal AviationAdministrationMay 28,2010Colonel 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 letteristo inform you thatwe have granted your petition to extend Exemption No. 6771, as amended. It explains the basis forour decision and describes its effect. The Basis for Our Decision

By letter dated April9, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf ofthe Civil Air Patrol (CAP) foran extension of Exemption No. 6771, as amended.

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

(14 CFR) allows CAPto 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.Inyour petition, you indicate that there has been no change inthe conditions and reasons relative to public interest and safety that were the basis for granting the original exemption. Inyour 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-EThe FAA has determined that good cause exists fornot publishing a summary ofthe petition inthe Federal Register because the requested extension ofthe exemption would notseta precedent, and any delay in acting onthis petition would be detrimental to CAP. Our Decision The FAA has considered fully the petitioner's inquiry. In response toyour request for clarification of private pilots' logging of flight time, the FAAis granting an exemption to 14 CFR§ 61.113(a) tothe extent necessary to allow CAP pilots tolog flight time only, in accordance with 14 CFR§ 61.51. The FAA has determined that the justification forthe issuance of Exemption No. 6771, as amended, remains valid with respect tothis exemption andisinthe public interest. Therefore, under the authority provided by49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated tome,Igrant your petition, subject tothe conditions and limitations below.Conditions and Limitations 1. This exemption applies onlytoaflight or series of flights directly related to USAFassigned missions when the CAPis operating asan instrumentality ofthe United States. No corporate missions maybe operated under this exemption. 2. CAP members who hold private pilot certificates and provide an aircraft forusein CAP missions listed in condition No.1maybe reimbursed for aircraft operating expenses directly related tothe mission atafixed ratein accordance with CAP Regulation 173-3, as amended. 3. CAP members who hold private pilot certificates and operate a CAP-owned aircraft forusein CAP missions listed in condition No.1maybe reimbursed for aircraft operating expenses directly related tothe mission. These operating expenses are limited tofuel, oil, supplemental oxygen, fluids, lubricants, servicing, and maintenance ofthe aircraft. 4. CAP members who hold private pilot certificates maybe 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 onaCAP mission listed in condition No.1, receive per diem expenses uptotherate listed in CAP Regulation 173-3, as amended. 6. The CAP will inform the Administrator ofany changes to CAP regulations that may have an effect onthis exemption atleast 30 days before the change. 27. Only the following personnel are permitted tobe aboard an aircraft operated under this exemption:a. Pilot crewmembers who are officially authorized bythe CAP; b. CAP members; c. Members ofthe U.S. armed services; and d. Government employees or personnel who are officially authorized bythe CAP toaidinthe performance ofthe approved flight activity, including CAPor AFROTC cadets during cadet orientation flights. 8. Cadet orientation flights willbe conducted in accordance with CAPF 5; CAPF 77; CAP Manual 50-16, as amended; CAP Regulation 60-1, as amended; andall other applicable CAP regulations, manuals, forms, and policies. 9. Each CAP member operating under this exemption must meet the experience, training, and testing requirements inCAP Manual 50-16, as amended; CAP Regulation 60-1,

as amended; and part61. 10.The CAP must maintain a current record ofeach pilot operating under this exemption. The record must include atleast the following: a. Name ofthe pilot; b. Facsimile ofthe person's pilot and medical certificates; c. Make and model ofeach aircraft; d. USAF mission number; e. Itinerary and total timeofeach flight; and f.A purchase receipt withan itemized listing ofall reimbursable costs incurred while performing under the conditions and limitations ofthis exemption. The

pilot logbook isnot acceptable forthis record. 11.The records required under condition No.10must be retained bythe CAP foratleast 1year and must be presented tothe Administrator upon request. 312.The CAP must ensure its supervisory personnel, its member pilots, and any other personnel who participate orare aboard any aircraft operated under this exemption are

familiar with the provisions contained inthis exemption. The Effect ofOur Decision Our decision extends the termination dateof Exemption No. 6771, as amended, to May 31, 2012, unless sooner superseded or rescinded. Sincerely,Is/ Raymond Towles Acting Director, Flight Standards Service 4