AFS-12-413-E 

September 21, 2012 

 Exemption No. 10009B 

 Regulatory Docket No. FAA-2009-0702 

Mr. Stephen Craven 

Angel Flight Mid-Atlantic 

Airlift Hope of America 

Mercy Medical Airlift 

4620 Haygood Road, Suite 1 

Virginia Beach, VA 23455 

Dear Mr. Craven: 

This letter is to inform you that we have extended and amended Exemption No. 10009, as 

amended. It explains the basis for our decision, describes its effect, and lists the revised 

conditions and limitations. 

The Basis for Our Decision 

On May 30, 2012, you petitioned the Federal Aviation Administration (FAA) on behalf of 

Angel Flight Mid-Atlantic, Airlift Hope America, and Mercy Medical Airlift (Angel Flight, 

Airlift Hope, and Mercy Medical), all § 501(c)(3) charitable organizations, for an extension 

and amendment of Exemption No. 10009, as amended. That exemption from § 61.113(c) of 

Title 14, Code of Federal Regulations (14 CFR) allows Angel Flight, Airlift Hope, and 

Mercy Medical (Angel Flight, Airlift Hope, and Mercy Medical), to reimburse its volunteer 

pilots for fuel costs incurred in conducting charitable flights. 

In your petition, you asked for specific changes to the conditions and limitations of 

Exemption No. 10009, as amended. 
 2

Our Decision 

In your letter, you requested certain changes to the conditions and limitations section. 

Specifically, you requested changes to Condition No. 3(j). The FAA has deleted this 

condition in its entirety. That condition listed the basic pilot currency requirements found in 

§ 61.57, which was redundant to the rule. Pilots flying for Angel Flight, Airlift Hope, and 

Mercy Medical must comply with the requirements of § 61.57 under all circumstances, 

whether conducting charitable flights under the exemption or not. 

You also requested that we remove airworthiness requirements related to time-betweenoverhaul and aircraft maintenance in Limitation No. 9. We reviewed this requirement, and 

we have decided to keep this requirement in place. We feel this requirement adds an 

incremental and necessary increase in the airworthiness standards for aircraft operated under 

the exemption. 

You asked that we add relief for certain instrument flight rules (IFR) flights that briefly 

extend into Canadian territory. This exemption is granted only for relief from provisions of 

Title 14 of the Code of Federal Regulations. That relief is not applicable to the regulations of 

other countries. Angel Flight, Airlift Hope, and Mercy Medical may exercise this relief for 

overflights within the territory and airspace of a foreign country only with the specific 

permission of the foreign civil aviation authority. 

Lastly, you asked that we amend Condition No. 11(g). We deleted Condition No. 11(g) 

because it is redundant to preflight actions required under part 91. 

The FAA has revised the following conditions and limitations of the exemption to clarify our 

original content and to further refine our requirements. While the relief does not change 

substantially, all users of the exemption should thoroughly review the revised conditions and 

limitations. 

Condition/Limitation 3(h) requires an instrument proficiency check or flight review within the 

previous 12 calendar months. This condition/limitation gives the FAA assurance that annual 

proficiency checking and testing (required in Condition/Limitation 8) will include a review of 

the basic requirements in §§61.56 or 61.57. 

Condition/Limitation 7 (topics for the required initial pilot training program) has been 

modified to remove some redundant topics that are already covered in private pilot practical 

test standards and on required § 61.57 flight reviews. 

Condition/Limitation 15 requires a transition to a preflight risk assessment tool, replacing the 

Pilot Go/No-Go Checklist. We made this change because we feel the preflight risk 

assessment tool offers a more effective evaluation of the pilots’ readiness for flight. We are 

providing 12 months to complete this transition. 
 3

Condition/Limitation 16 requires a transition to an initial and recurrent ground training 

program based on the requirements of § 135.345. We made this change because we feel these 

ground training themes (for air-taxi operations) are more comparable to your operation. We 

are providing 12 months to complete this transition. 

Under the authority contained in 49 U.S.C. §§ 40113 and 44701, which the FAA 

Administrator has delegated to me, I hereby grant Angel Flight Mid-Atlantic, Airlift Hope of 

America, and Mercy Medical Airlift, 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 revised conditions and limitations. 

 

Conditions and Limitations 

1. The privileges of this exemption are limited to flights directly operated by Angel 

Flight, Airlift Hope, and Mercy Medical only. Operations where the Angel Flight, 

Airlift Hope, and Mercy Medical clients are not onboard for the purpose of obtaining 

medical care may not be operated under the terms of this exemption. 

2. Angel Flight, Airlift Hope, and Mercy Medical must ensure the following items are 

available to any representative of the FAA Administrator, upon request: 

a. A detailed description of Angel Flight, Airlift Hope, and Mercy Medical’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 Angel Flight, Airlift Hope, and Mercy Medical 

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 flight 

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

currency requirements established by Angel Flight, Airlift Hope, and Mercy 

Medical, 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 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 fuel reimbursement. 
 4

e. All the documentation required under Condition No. 2 must be maintained by 

Angel Flight, Airlift Hope, and Mercy Medical for a minimum of 24 calendar 

months. 

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

certificates, qualifications, and aeronautical experience: 

a. An instrument rating or privilege (instrument privilege relates to the airline 

transport pilot certificate) that is appropriate to the aircraft being flown; 

b. For operating any single-engine piston aircraft, a minimum total time of 500 

hours, with no less than 400 hours as PIC, and a minimum of 50 hours in the 

make and model of single-engine aircraft being flown; 

c. For operating any multiengine aircraft, a minimum total time of 1,000 hours as 

PIC in any aircraft, a minimum of 250 hours in multiengine aircraft, and a 

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

flown; 

d. For operating any single- or multiengine turbine-powered aircraft, a minimum 

total time of 1,000 hours as PIC, a minimum of 100 hours in turbine-powered 

aircraft, and a minimum of 50 hours in the make and model of turbine-powered 

aircraft being flown; 

e. A minimum of 50 hours as PIC shall have been logged within the preceding 

12 calendar months immediately preceding the month of the flight; 

f. A minimum of 12 hours logged, or 2 hours of flight training with a certificated 

flight instructor, within the preceding 3 calendar months prior to the month of 

the flight; 

g. A 2nd class medical certificate (per §§ 61.23 and 61.2); 

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

(IPC) meeting the requirements of § 61.57(d), or a flight review meeting the 

requirements found in § 61.56(a). The IPC or flight review must consist of at 

least 1 hour of flight training and 1 hour of ground training. This requirement 

can substituted by a FAA practical test for any pilot certificate or rating. 

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

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

j. Instrument currency (per § 61.57(c) or (d), as appropriate) in the same aircraft 

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

k. For all operations under this exemption the pilot must be current for night 

operations (per § 61.57 (b)) in an aircraft of the same category, class, and type 

(if a type rating is required). 
 5

4. All operations under this exemption must be in compliance with the following 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 inspection of the 

aircraft); and 

c. In the 24 hours preceding any flight under this exemption, the pilot must have 

had a rest period of at least 12 hours. 

5. Prior to each takeoff, the PIC must ensure that all passengers have been briefed on the 

following: 

a. The flight is operated under this grant of exemption and that the operator is not 

an FAA-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 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 normal and emergency egress; 

f. Location of survival equipment; 

g. Use of normal and emergency oxygen, if installed; and 

h. Location and operation of fire extinguishers. 

6. Prior to each takeoff, the PIC must ensure that 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. This paragraph 

does not apply to a person who has been given a briefing before a previous leg of a 

flight in the same aircraft. 

7. Angel Flight, Airlift Hope, and Mercy Medical must establish an initial pilot training 

program that includes the following elements. All pilots must complete this training 

program prior to conducting flights under this grant of exemption. 

a. Risk and hazard identification with special emphasis on loss of control during 

critical phases of flight and controlled flight into terrain. 

b. Accident trends for general aviation aircraft. 

c. Flight planning and aeronautical decision-making: 

i. Improper pre-flight planning. 
 6

ii. Insufficient fuel reserves. 

iii. Aircraft systems. 

iv. Improper operation of fuel system. 

v. Fuel contamination. 

vi. Improper fueling. 

vii. Weather and continued visual flight rules into instrument 

meteorological conditions. 

viii. Descending below minimum descent altitude on approach. 

ix. Mountainous terrain. 

x. Icing. 

d. Other factors -- 

i. Single pilot IFR. 

ii. Night operations at unfamiliar airports. 

iii. Mission mentality. 

iv. Pressure to complete flight operations. 

v. Distractions. 

vi. Missed approach/go around. 

vii. Incomplete/stale weather briefings. 

viii. Communications processes, decisions, and coordination, to include 

communication with air traffic control and passengers. 

ix. Workload and time management. 

x. Situational awareness. 

xi. Effects of fatigue on performance, avoidance strategies and 

countermeasures. 

xii. Effects of stress and stress reduction strategies. 

8. Recurrent training is required for all pilots operating under the terms of this 

exemption. The annual recurrent training program must include: 

a. Verification that each pilot is adequately trained, current, and proficient on all 

of the elements in the Angel Flight, Airlift Hope, and Mercy Medical initial 

pilot training program; and 

b. Testing to determine each pilot’s aeronautical knowledge, proficiency with the 

aircraft, and the limitations of this exemption. 
 7

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

certificate. 

10. All maintenance conducted on aircraft operated under this exemption must be 

performed by an FAA-certificated mechanic, repairman, or repair station. The aircraft 

engine, propeller, and all components must be overhauled prior to reaching the 

airframe, engine, or propeller manufacturer’s recommended time between overhaul. 

11. This exemption applies to flights conducted within domestic United States airspace. 

Angel Flight, Airlift Hope, and Mercy Medical may exercise this relief for overflights 

within the territory and airspace of a foreign country only with the specific permission 

of the foreign civil aviation authority. 

12. Angel Flight, Airlift Hope, and Mercy Medical must continue to hold a determination 

from the U.S. Internal Revenue Service that it is a § 501(c)(3) nonprofit, tax-exempt, 

charitable organization under §§ 509(a)(1) and 170(b)(1)(a)(vi) of the Internal 

Revenue Code. 

13. 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 acceptance of a visual 

approach clearance from air traffic control; 

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

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

c. Pilots must add 100 feet to all instrument approach minimums; 

d. All circling approaches at night are prohibited; 

e. Pilots must add 50 percent to pilot operating handbook (POH) runway length 

performance for obstacle clearance on takeoff and landing under ambient 

conditions; 

f. For IMC takeoff minimums, the pilot must use 150 percent approach landing 

minimums. (Example: Baltimore-Washington International Airport minimums 

200/1/2, then the takeoff minimums will be at least 300 feet and 3/4 statute 

mile visibility); 

g. The pilot must ensure that all passengers are restrained by FAA-approved seat 

belts or FAA-approved child safety seat at all times during the flight. The only 

exception shall be change of seat positions, quick access to luggage, care 

and/or feeding of child, or use of lavatory; 

h. Pilots will utilize and brief passengers on sterile cockpit procedures as defined 

under § 135.100; and 

i. Pilots will document their weight and balance calculation prior to each flight. 
 8

14. Pilots must use the Angel Flight, Airlift Hope, and Mercy Medical Go/No-Go 

checklist, patient, passenger, pilot release forms, and post-flight report. The 

completed checklist must be transmitted to Angel Flight, Airlift Hope, and Mercy 

Medical prior to conducting a flight under this exemption. The completed checklist 

must be retained by Angel Flight, Airlift Hope, and Mercy Medical for a minimum of 

three days. The Go/No-Go checklist will consist of at least the following information: 

Pilot Go/No-Go Checklist 

 EXCELLENT OK MARGINAL POOR

Pilot

Physical health □ □ □ □

Mental health □ □ □ □

Prepared/Confident □ □ □ □

Well rested □ □ □ □

Aircraft

Maintenance □ □ □ □

Fuel reserve □ □ □ □

Pre-flight □ □ □ □

 

Equipment sufficient for the □ □ □ □

 flight conditions 

Weight and balance Takeoff weight/CG_____________________ 

 Landing weight/CG_____________________ 

Weather

Current & WX Forecast □ □ □ □

 Conditions 

Departure □ □ □ □

Destination □ □ □ □

Return □ □ □ □

Explain if Marginal or Poor: 

_____________________________________________________________________ 
 9

_____________________________________________________________________ 

_____________________________________________________________________ 

_____________________________________________________________________ 

Other 

 YES NO

Child safety seat ___ ___ 

 

Passengers briefed ___ ___ 

 

Pre-departure weather briefing ___ ___ 

 

Release forms signed ___ ___ 

 

Flight # ____________________________________ 

Pilot Signature ____________________________________ 

Date ____________________________________ 

15. Angel Flight, Airlift Hope, and Mercy Medical must develop and implement a 

preflight risk assessment tool to supplement or replace the Go/No-Go checklist within 

12 calendar months of the date of issue of this exemption. Once implemented, use of 

the preflight risk assessment tool will supersede the requirements of Condition No. 13. 

The tool must be completed by the PIC before each flight and must be transmitted to 

Angel Flight, Airlift Hope, and Mercy Medical prior to takeoff for any flight operated 

under this exemption. The completed tool must be retained by Angel Flight, Airlift 

Hope, and Mercy Medical for a minimum of three days. A sample risk assessment 

tool is available at FAA Information for Operators (InFO) 07015: 

http://www.faa.gov/other_visit/aviation_industry/airline_operators/airline_safety/info/

all_infos/media/2007/inFO07015.pdf. 

16. Within 12 calendar months of the date of issue of this exemption. Angel Flight, Airlift 

Hope, and Mercy Medical must develop and implement an initial and recurrent ground 

training program that contains the requirements of § 135.345 that are applicable to the 

Angel Flight, Airlift Hope, and Mercy Medical operations. This program will 

supplement or replace the requirements of Condition No. 7. Once implemented, use 

of the new initial and recurrent training program will supersede the requirements of 

Condition No. 7. 
 10

The Effect of Our Decision 

This exemption terminates on October 31, 2014, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John M. Allen 

Director, Flight Standards Service