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 Adm inistration (FAA) on behalf of Angel Flight Mid-Atlantic, Airlift Hope Amer ica, 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 CF R) 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 lim itations 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 pr oficiency 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 gran t Angel Flight Mid-Atlantic, Airlift Hope of America, and Mercy Medical Airlift, an ex emption 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, re pairman, 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

E XCELLENT OK M ARGINAL P OOR
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

Y ES N O

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 supe rsede 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