NATIONAL HEADQUARTER CIVIL AIR PATROL 

UNITED STATES AIR FORCE AUXILIARY 

MAXWELL AIR FORCE BASE, ALABAMA 361 I2-6332 

Rafael A. Robles, CAP 4 May 2016 

General Counsel, Civil Air Patrol 

lOSS Hansell St., Building 714 

Maxwell AFB, AL 36112-5937 

Telephone: 877-227-9142 (ext 234) 

Email: rrobles@capnhq.gov 

U.S. Department of Transportation 

Docket Operations, M-30 

West Building Ground Floor 

Room W12~140 

1200 New Jersey A venue, SE 

Washington DC 20590 

Re: Request for renewal of exemption No. 11037 from 14 CFR - Part 61.113(e) 

Docket No. FAA-2001-9874 

Dear Sirs, 

This is a Petition to Renew, Exemption No. I I037, 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. 11037 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 61.1 I 3(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 ofUSAF 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 

fueVoil/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 rime 

accumulation. Of course any furtherance of ratings is a plus to any pilot, but CAP does not allow any 

funded flight instruction to 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. 
US Department of Transportation 

Docket Operations, M30 

4 May 2016 

Page2 

The current exemption is due to expire on July 31, 20 16. 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 fmding of public interest 

and the equivalent level of safety upon which the original Partial Grant of Exemption was based remain unchanged 

and are supplemented with the following information: In the period 2004 through 2015, 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 U.S. General 

Year Patrol Aviation 

2004 5.23 6.49 

2005 2.77 7.20 

2006 1.84 6.35 

2007 3.70 6.94 

2008 2.84 6.87 

2009 3.57 7.08 

2010 0.89 6.63 

2011 0.98 6.84* 

2012 3.98 7.04 

20 13 1.05 5.85 

20 14 1.10 6.74** 

2015 2.02 n/a 

*20 II GA rate under review 

**2014 GA rate is "preliminary," subject to change 

Note: General Aviation Rates courtesy ofNTSB 

website 

Therefore, CAP petitions the FAA to renew its Exemption No. 11037 for an additional term. 

Please feel welcome to contact me if any additional information would be of assistance in your consideration of this 

Peti,.'v•~.o~r--

Attachment: 

I. Civil Air Patrol Aircraft Operations under FAR Exemptions 
US DeportmenT 

of TransportaTion 

Federal Aviation 

Administration 

August 1, 2014 

Mr. Rafael A. Robles 

General Counsel 

Civil Air Patrol 

105 SouthHanselJ Street. Bid. 714 

Maxwell Air Force Base, AL 36112 

Dear Mr. Robles: 

Exemption No.ll 037 

800 Independence Ave . S W 

Washington. DC 2059 1 

Regulatory Docket No. FAA-2001-9874 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated June 9, 2014, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Civil Ajr Patrol (CAP) for an extension of Exemption No. 10593, as amended. That 

exemption from§ 61.113(a) and (e) ofTitle 14, Code ofFederal Regulations (14 CFR) 

allowed CAP to reimburse CAP members exercising the privileges of a private pilot 

certificate for certain expenses incurred while serving on official United States Air Force 

(USAF)-assigned CAP missions. Additionally, this exemption permitted certain CAP 

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

orientation. 

Exemption No. 10593 expired on July 31,2014. Therefore, we will treat your request 

as a new petition. 

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

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to CAP. 

AFS-14-322-E 
2 

The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 10593 (copy enclosed), the FAA 

found that the services performed by CAP are valuable and considers its mission and purpose 

to be in the public interest. 

Having reviewed your reasons for requesting an exemption, I find that-

• they are similar in all material respects to relief previously requested in the enclosed Grant 

of Exemption No. 10593; 

• the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 10593 

also apply to the situation you present; and 

• a grant of exemption is in the public interest. 

Our Decision 

The FAA has amended the conditions and limitations of your previous exemption for 

consistency and to clarify our intent. While the relief granted does not change substantially, 

you should review the revised conditions and limitations. Under the authority contained in 

§§ 106(f), 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I 

hereby grant Civil Air Patrol (CAP) an exemption for 14 CFR § 61.113(a) and (e) to allow 

CAP to reimburse CAP members exercising the privileges of a private pilot certificate for 

certain expenses incurred while serving on official United States Air Force -assigned CAP 

missions. Additionally, this exemption permits certain CAP operations, including CAP/ Air 

Force Reserve Officers' Training Corps cadet orientation, subject to the following conditions 

and limitations. 

Conditions and Limitations 

1. This exemption only applies to flights directly related to United States Air Force 

(USAF)-assigned missions or missions assigned by the USAF in accordance with 

memoranda of understanding with United States Government agencies and are within 

the Civil Air Patrol's (CAP) purpose as defined within Title 36 ofthe United States 

Code, part B, chapter 403, section 40302. The relief provided by this exemption 

includes flights operated by CAP for the purpose of CAP/ Air Force Reserve Officers' 

Training Corps (AFJROTC) orientation. 

2. CAP members acting as pilot in command (PIC) while operating CAP-sanctioned 

flights under the privileges of this exemption must hold a valid U.S. private, 

commercial, or airline transport pilot certificate with ratings and endorsements 

appropriate to the aircraft used for the flight. Reimbursement may not be provided to 

pilots exercising the privileges of a recreational or sport pilot certicate. 
3. This exemption provides relief to the extent that CAP pilots acting as pilot in 

command while operating CAP-sanctioned flights as described in Condition No. 1 

may be compensated by logging the flight time for the duration of that flight. 

3 

4. CAP members exercising private pilot privileges and providing 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 (CAPR) 173-3, as amended. 

5. CAP members exercising private pilot privileges and operating 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 CAP mission. These operating expenses are 

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

maintenance of the aircraft. 

6. CAP members exercising private pilot privileges may be reimbursed for non-air 

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

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

7. CAP members exercising private pilot privileges may, if operational considerations 

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

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

in CAPR 173- 3, as amended. 

8. The CAP will inform the FAA General Aviation and Commercial Division of any 

changes to CAP regulations that could have an effect on this exemption at least 

30 days before the change takes effect, at the following address: Federal Aviation 

Administration, Airman Certification and Training Branch (AFS-81 0), 800 

Independence Ave. SW., Washington, DC 20591. 

9. 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 and meet the 

requirements of CAPR 60-1; 

b. CAP members; 

c. Members of the U.S. armed services; and 

d. Non-flight-crewmembers officially authorized by the CAP under CAPR 60-1 

to aid in the perfom1ance of the approved flight activity, including CAP or 

AF JROTC cadets during orientation flights. 

10. All flights will be conducted in accordance with CAPR 60-1 (CAP Flight 

Management), as amended, and any other applicable CAP regulations, manuals, forms, 

and polices appropriate to the flight operations being conducted. 
4 

11. In addition to the requirements of Condition No. 10, all orientation flights must be 

conducted in accordance with CAP Pamphlet 52-7 (Cadet Orientation Flight Syllabus), 

as amended and CAPR 52-16 (Cadet Program Management), as amended. 

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

and testing requirements in CAPR 52-16, as amended; CAPR 60-1 , as amended; and 

part 61 of Title 14, Code of Federal Regulations. 

13. The CAP must maintain a record of each flight operating under this exemption. The 

record must be maintained by CAP for at least 12 calendar months from the date of the 

flight and must be presented to any representative of the FAA Administrator upon 

request. The pilot logbook is not acceptable for this record. The record must include 

the following information, at a minimum: 

a. USAF/CAP mission number, as applicable; 

b. Name of the PIC; 

c. Facsimile of the PIC's pilot and medical certificates; 

d. Make, model, and registration number of each aircraft; 

e. Date, 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 ofthis exemption. 

14. 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 

This exemption terminates on July 31, 2016, unless sooner superseded or rescinded. 

Sincerely, 

John B r gallo 

~fiRB~ eeputy D:irector, Flight Standards Servi ce