David Knies - Chairman 

Bruce Bromberg- Vice Chairman 

Bruce Bromberg- Treasurer 

Michael Coviello - Secretary 

Thomas Ellis - Director 

Cathy Feinberg- Director 

john Petrucco- Director 

Henrique Rodriguez - Director 

Robert Weinroth- Director 

Tom Powers - Chairman Emeritus 

MISSION HOTLINE 

(BOO) 276-0300 

WEBSITE 

www.VitalFlight.org 

Saturday, December 10, 2016 

Federal Aviation Administration 

800 Independence Ave., S.W. 

Room 821 

Washington, DC 20591 

DEPARTMENT OF 

TRANSPORTATION 

Zl" DEC 1 ~ A lO: 23 

DOCKET OPERATION$ 

Attn: Michael Zenkovich, Deputy Director, Flight Standards Service 

Re: Exemption No. 10648A (Docket No. FAA-2012-0811); Petition for Exemption,§ 

61.113(c) ofTitle 14, Code ofFederal Regulations (14 CFR) 

Mr. Zenkovich: 

Our organization is a state and federally registered 501(c)3 not-for-profit charity. We 

coordinate free air transportation for the needy. Many people refer to what we do as "flights 

of mercy," "angel flights," or "compassion flights." 

On May 28, 2014, we petitioned your office for an exemption from § 61.113( c) of Title 14, 

Code of Federal Regulations (14 CFR). The requested exemption was granted in your letter, 

dated September 24, 2014. I am writing today to request that the exemption we were granted 

be renewed and superseded with the identical language that was granted to Angel Flight New 

England [AFNE] on June 11, 2015 under exemption number 10360C (Docket FAA-2011-

0840.) Your letter to AFNE, dated June 11, 2015 specifies all of the adjustments made; of 

which we are now requesting the same be made to our exemption. 

As my previous request stated: "The exemption, if granted, would allow us to reimburse our 

volunteer pilots for the cost of fuel when flying charitable flights. Fuel costs have been on a 

steady rise for nearly a decade. The pilots who volunteer to fly for us have been voicing their 

concerns about this cost eventually reaching a prohibitive level. It is our hope that an 

exemption would allow us to use money donated, specifically for mission fuel, to relieve that 

burden for participant pilots. It is our belief that it would lead to more pilots flying more 

charitable flights. Since we coordinate missions for all those in need, as well as specific 

programs at the VA Medical Center in West Palm Beach, the exemption would certainly 

benefit the public, as well as the volunteer pilots." 

The flight standards that we currently require of volunteer pilots meet and/or exceed the 

standards set in the exemptions previously issued. When reviewing the exemptions previously 

issued, safety is actually improved through more recurrent training, higher approach 

minimums, and educational courses. Accordingly, there is no safety downside. 

If Federal Register publication is deemed necessary, we are requesting an exemption on behalf 

of our member pilots from§ 61.113(c) of Title 14, Code of Federal Regulations (14 CFR). 

The exemption, if granted, would allow us to reimburse volunteer pilots for the cost of fuel 

when flying charitable flights. 

I can be contacted by mail at: PO Box 1767, Pompano Beach, FL 33061; by facsimile at: 

(205) 278-1490; by telephone at: (256) 658-7475; or by email at: david@vitalflight.org. 

PJ). Box Beach, Fh.:nda 33061 

"Our Passion is Flying .... Our Mission- Helping People" 
David M Knies 

Chairman 

Vital Flight, Inc. 

Enclosures (2) 

Cc: Docket Management Facility, US Department of Transportation 

P.O. Box 1767, Pompano Beach, Florida 33061 

"Our Passion is Flying .... Our Mission- Helping People" 
us Deportment 

of Transportation 

Federal Aviation 

Administration 

September 24, 2014 

Mr. David M. Knies 

Chairman 

Vital Flight, Inc. 

P.O. Box 1767 

Pompana Beach, FL 33061 

Dear Mr. Knies: 

Exemption No. 1 0648A 

800 Independence Ave . S w 

Washington. 0 C 20591 

Regulatory Docket No. FAA-2012-0811 

This letter is to inform you that we have granted your petition to extend and amend Exemption 

No. 10648. It explains its basis for our decision, describes its effect, and lists the revised 

conditions and limitations. 

The Basis for Our Decision 

By your correspondence dated May 28, 2014, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Vital Flight, Inc. (Vital Flight), for an extension and 

amendment to Exemption No. 10648 as amended. That exemption from§ 61.113(c) of Title 

14 Code of Federal Regulations ( 14 CFR) allows Vital Flight to reimbursement its volunteer 

pilots for fuel costs incurred in conducting charitable flights. 

In your petition, you indicate that there have been no changes in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption. 

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 Vital Flight. 

Our Decision 

The FAA has determined that since Vital Flight is not an operator, an exemption from 

§61 .113(c) ofTitle 14 Code of Federal Regulations (14 CFR) may be granted to Vital Flight 

AFS-14-304-E 
2 

on behalf of the pilot conducting charitable medical flights. The exemption allows Vital Flight 

to reimburse its volunteer pilots for fuel costs incurred while conducting a charitable flight. 

The FAA has made updates to the conditions and limitations of Exemption No. 10648 that 

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

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

limitations. These new conditions and limitations are based upon Public Law 112-95, Section 

821 (a) (2), feedback from the charitable medicalilight industry, and the resulting FAA 

review of the conditions and limitations associated with relief of this type. The f()Jlowing is a 

summary description of the revised conditions and limitations: 

1. A new Condition/Limitation No.2, previously No. 12, is adjusted to ensure Vital 

Flight continues to hold its§ 50 I (c)(l) nonprofit, tax-exempt, charitable organization 

status described under§§ 509(a)(l) and l70(b)(l)(a)(vi) ofthe Intemal Revenue Code. 

2. Condition/Limitation No.4, previously No. 3, is updated for clarity. The fonner 

provisions that specified certain minimum total aeronautical experience have been 

combined into Condition/Limitation 4(b). Based on feedback from industry, the FAA 

no Jonger believes that there needs to be higher total times tor either multiengine 

operations or f()r turbine powered aircraft. Therefore, the previous 

Condition/Limitations 3(c) and 3(d) have been removed. The FAA be1ieves that time 

previously established in single-engine piston aircra11 is sufficient tor all aircraft types. 

The reduction in hours for the multiengine and turbine aircraft is found acceptable due 

to the requirement lor 50 hours in the specific make and model, as well as the 

requirements for recent experience found in Condition/Limitation 4(c) and 4( d). 

3. Condition/Limitation 4(f) is updated to require an instrument proficiency check within 

the previous 12 calendar months. This condition and limitation gives the FAA 

assurance that the annual proficiency checking and testing will include a review of the 

basic requirements in §61.57. 

4. The Condition/Limitation No. 6, previously No. 5, is updated with a website link to an 

FAA san1ple briefing instruction document. 

5. Condition/Limitation No.7 is added in order for Vital Flight to comply with Public 

Law 112-95, Section 82 I (a)(2). 

6. The previous Condition/Limitation No.7, which required Vital Flight to establish an 

initial pilot training program, has been moved to Condition/Limitation No. 12 and has 

been adjusted to rctlect appropriate training for charitable medical flight opera6ons. 

7. Condition/Limitation No.9, is amended to remove the requirement that all 

maintemmce must be performed by a certificated mechanic, repairman, or repair 
3 

station. This amendment is in response to feedback from the charitable medical flight 

industry. The FAA Hnds that it would be acceptable for a pilot who meets the criteria 

of§ 43.3(g) to perform preventative maintenance (described in Appendix A to part 43) 

on an aircraft covered under this exemption. 

8. Condition/Limitation No. 9 is also amended to remove the specitic requirement tor 

engine. propeller. and component overhaul requirements. The FAA recognizes the 

volunteer nature of these operations and it is not practical for the owner/operator to 

conduct an engine, propeller, or component overhaul at the manufacturer's 

recommended interval. The FAA has amended the Condition/Limitation to reflect 

more appropriate maintenance requirements for the operations conducted under this 

exemption. 

9. Condition/Limitation l 0, previously No.l3, is adjusted for clarification and 

standardization with similarly granted exemptions. In addition, Condition/Limitation 

10(a) is adjusted to clarify when an IFR t1ight plan may be cancelled. The previous 

Condition/Limitations No. 13(d) has been removed to allow for a circling approach 

based on instrument proiicicncy check (lPC) requirements found in 4(t). 

Condition/limitation l O(e) has been adjusted for conformance with approach landing 

minimums described in 1 0( c). 

IO. Additional requirements are added into Condition/Limitation No. 11, previously No. 

14, t()r clarification and to ensure that the risk assessment tool adequately provides a 

maximum risk value for the pilot to know whether to cancel or postpone a flight. Vital 

F1ight is now required to retain completed risk assessment tools for a minimum of 30 

days instead of three days. 

11. Condition/Limitation No. 13, previously No.8, is amended to require Vital Flighfs 

recurrent training program to contain the elements ofVital Flight's initial pilot training 

program. 

12. Condition/Limitation No. 14 is added to ensure Vital Flight has an FAA accepted risk 

assessment tool and initial/recurrent ground training program. 

13. Condition/Limitation No. 15 is added to require Vital Flight keep a copy of the most 

recent aircraft annual inspection for each aircraft eligible to operate under this 

exemption. 

14. Condition/Limitation No. 16, previously No. 11, is adjusted to require all flights 

operating under this exemption to remain within domestic United States airspace. 
15. Condition/Limitation No. 17 is added ensure that, at any time or place, the FAA can 

conduct inspection of the pilot(s) and aircraft being flown in accordance with this 

exemption. 

4 

The FAA has determined that the justification for the issuance of Exemption No. 10648 

remains valid with respect to this exemption and is in the public interest. Under the authority 

contained in 49 U.S.C. §§ 106(1) 40113 and 44701, which the FAA Administrator has 

delegated to me, I hereby grant of Vital Flight, Inc .. an exemption from 14 CFR § 61.113(c) to 

the extent necessary to aUO\v for reimbursement of its volunteer pilots for fuel costs incurred 

in conducting charitable t1ights, subject to the following revised conditions and limitations. 

Conditions and Limitations 

l. This exemption may be exercised only tor charitable medical flights. Operations where 

Vital Flight clients are not on board for the purpose of obtaining medical care may not be 

conducted under the terms of this exemption. 

2. Vital Flight must: 

a. meet the requirements described in section 501 ( c)(3) of the Internal Revenue 

Code of 1986 and be exempt fhnn taxation under section 501 (a) of such Code; 

and, 

b. be organized for the primary purpose of providing, arranging, or otherwise 

fostering charitable medical transportation. 

3. Vital Flight must ensure the following items are available to any representative of the 

FAA Administrator, upon request: 

a. A detailed description ofVital Flight's process f()r verif1cation of pilot 

qualification and training. This process must include a means to verit)r pilots' 

qualifications to act as pilot-in-command (PIC) prior to each flight 

b. Documentation showing all Vital Flight pilots' flight experience, airman 

certit1cate infonnation, 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 Vital Flight, 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 :md time of departure and arrival; and 

v. Amount of the fuel reimbursement. 

e. All the documentation required under Condition No. 3 must be maintained by 

Vital Flight for a minimum of24 calendar months. 

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

certificates, qualifications and aeronautical experience·-

a. An instrument rating or A TP certificate that is appropriate to the aircraft being 

flown; 

b. A minimum total time of 500 hours, with no less than 400 hours as PIC, and a 

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

t1own; 

c. A minimum of 50 hours as PIC must have been logged within the preceding 

12 calendar months immediately preceding the month of the flight; 

5 

d. A minhmm1 of 12 hours flown and logged within the preceding 3 calendar 

months prior to the month of t1ight. In lieu of this requirement, a pilot may 

have logged 2 hours of flight training with a certificated flight instructor within 

the preceding 3 calendar months prior to the month of the flight; 

e. A second-class medical certificate (per§§ 61.23(d)(2)(i) and 61.2); 

f Within the preceding 12 calendar months, an instrument proficiency check 

(IPC) meeting the requirements of§ 61.57(d). The IPC must be conducted in 

accordance with the Instrument Rating Practical Test Standards. This 

requirement can be substituted by a FAA practical test for an ATP certificate or 

instrument rating. 

g. A current flight revievv (per§ 61.56(a)) in the same aircraft category, class, and 

type (if a type rating is required) being 110\vn; 

h. Meets the recent f1ight experience requirements of§ 61.57( c) or (d), as 

appropriate, in the same aircraft category, class. <mel type (if a type rating is 

required) being t1own; 

1. For all operations under this exemption, the pilot must meet the recent flight 

experience requirements for night operations (per§ 61.57 (b)) in an aircraft of 

the same category, class, and type (if a type rating is required). 

5. All operations under this exemption rnust be in compliance with the following f1ight 

duty, rest and flight time limitations (a duty day starts when the pilot arrives at the 
airport and begins preparation for the flight and terminates upon completion of the 

post Hight of the aircraft): 

a. No pilot may fly more than 8 hours of flight 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; and 

6 

c. Once the pilot has performed 12 consecutive hours of duty, the pilot must rest a 

period of at least 12 hours before conducting another flight. 

6. Prior to each takeoff, the PIC must ensure that all occupants have been orally briefed 

on the following: 

a. The night is being permitted under this grant of exemption and that the 

operator is not a certificated comrnercial operator; 

b. When, where, and under what conditions smoking is allowed; 

c. Use of safety belts, shoulder hamesses, and child restraint systems: When, 

where, and under what conditions it is necessary to have his or her safety bett 

and, if installed, his or her shoulder hamess fastened about him or her; 

d. The placement of seat backs in an upright position before takeoff and landing; 

e. Location and means for opening the passenger entry door and emergency exits: 

f. Location of survival equipment; 

g. Use of normal and emergency oxygen installed; and 

h. Location and operation of fire extinguishers. 

An FAA sample briefing instruction document can my found at 

https:/ /www. faasafety.gov /files/ gslac/librarv/documents/2007/ Jan/ 14082/6 .5%20Passe 

nger%20Safety%20Brieting%20JanFeb07.pdf. 

7. Vital Flight must implement procedures to notify the passengers (or their legal 

guardians) that will be on the flight that the flight operation is for charitable purposes 

and is not subject to the same FAA requirements as a commercial flight. These 

procedures must aUo\V tor the notification to be given as early as possible to the 

passengers (or their legal guardians). Such notifkation must also be provided to any 

individual that inquires about receiving or scheduling a charitable medical flight. 

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

certificate. 

9. The aircraft must be maintained and inspected in accordance with 14 CFR part 91 

Subpart E, 14 CFR part 43, or other inspection programs approved by the FAA. 
10. All pilots operating under this exemption rnust comply with the following 

requirements: 

7 

a. All flights operated under this exemption must activate an lFR flight plan. The 

earliest the flight plan may be canceled is upon visual contact with the 

destination airport; 

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

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

c. Pilot must add l 00 feet and Y:z mile to all instrument approach minimums; 

d. Pilot must add 50 percent to pilot operating handbook (POH) runway length 

performance for obstacle clearance on takeoff and landing under ambient 

conditions; 

e. For IMC takeoff minimums, the pilot must ensure that the weather meets 

approach hmding minimums with the additional margin noted in 

Condition/Limitation 10 (c) (Example: If the Baltimore-Washington 

International Airport minimun1s are 200/1/2, then the takeoff minimums will 

be at least 300 feet and 1 statute-mile visibility); 

f. Prior to each takeoff, the PIC must ensure that patients, 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; 

and 

g. Pilots will utilize and brief passengers that a sterile cockpit procedures as 

defined under§ 135.100. 

11. Vital Flight must develop and implement a preflight risk assessment tool. The tool 

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

Flight prior to takeoff tor any Hight operated under this exemption. The completed tool 

must be retained by Vital Flight for a minimum of 30 days. Vital Flight must identifY a 

maximum score flight value, or other appropriate measure, that is pennissible for a 

flight to be initiated under this exemption. Sarnple risk assessment tools are available 

from the following sources: 

a. FAA [nfonnation for Operators (InFO) 07015: 

h!!Qi/www.fa::tgov/othex visit/aviation indu~trv/airline oper{.ltors/airli 

ne safetv/info/all infos/m~dia/2007/int()070 15.pdf. 

b. The AOPA Flight Risk Evaluator: (.http://t1ash.~topa.org/asf/f1ightrisk/) 
The FAA recognizes that any sample tool should be modified to adequately address 

the risk for general aviation aircraft and Vital Flight's specific operation. As an 

example~ the sample risk assessment scores icings when it is moderate to severe. 

However. for general aviation aircraft, kmmm icing conditions of any value should be 

grounds f()r cancellation of a Hight or postponement. 'I'he FAA recommends that the 

probability of icing should receive a risk value score. 

12. Vital Flight must develop and implement an initial ground training program that 

includes the f()llowing: 

a. Vital Flight flight locating procedures 

b. Principles and methods for determining weight and balance, and runway 

limitations for takeoff and landings 

c. Normal and emergency communication procedures 

d. Completion of the online AOPA Foundation Air Safety Institute Course: 

Public Bene.fir Flyinr;: Balancing Sqlety and Compa:.;sion: and, 

e. Completion of the online AOPA Foundation Air Safety Institute Course: 

Single Pilot !FR. 

13. Recurrent training is required for a !I pilots operating under the terms of this 

exemption. The annual recurrent training program must include verification that each 

pilot is adequately trained, current, and proficient on all of the elements in the Vital 

Flight initial pilot training program described in Condition/Limitation No. 12. 

8 

14. Vital Flight may not exercise the privileges of this exemption unless Vital Flight 

receives verification indicating acceptance of the Vital Flight risk assessment tool 

(Condition/Limitation No. 11) and the initial and recurrent ground training program 

(Condition/Limitation Nos. 12 and 13) from the FAA General i\viation & Commercial 

Division (AFS-800). This document may be sent to the FAA Ainnan Certification and 

Training Branch, 800 Independence Ave SW. Washington DC 20591 or via e-mail to 

9-AFS-800-Correspondence/A W A/FAA. 

15. Vital Flight must maintain a copy of the most recent annual inspection of any aircraft 

used to conduct flights under this exemption. 

16. All flights must remain within domestic United States airspace. 

17. The FAA may, at any time or place, conduct inspections of the pilots. aircraft, and any 

records required to be kept in accordance with this exemption. 
Tbe Effect of Our Decision 

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

supersedes Exemption No. 10648. 

Yli.chael J. Zenkovich 

Deputy Director, Flight Standards Service 

9 
US Department 

of Transportation 

Federal Aviation 

Administration 

June ll, 2015 

Mr. Larry Camerlin 

President 

Angel Flight/Nevv England 

492 Sutton Street 

North Andover. MA 01845 

Dear Mr. Camerlin: 

Exemption No. l0360C 

800 lndepBndence /\ve S V1 

Washinglon. DC 20591 

Regulatory Docket No. FAA-20 11-0840 

This Jetter is to inform you that we have granted your request to amend Exemption No. l 0360, 

as amended. It transmits our decision, explains its basis, and gives you the revised conditions 

and limitations of the exemption, including the date it ends. 

The Basis for Our Decision 

By con·espondence dated February 13, 2015, you petitioned the r:ederal Aviation 

Administration (FAA) on behalf of Angel I·'light/New England (Al·'/NE), a 

26 U.S. C. § 501 (c)(3) charitable organization. for an amendment to Exemption No. J 0360, as 

amended, for an exemption from§ 6l.l J 3(c) of Title 14, Code of Federal Regulations 

( 14 CFR) to the extent necessary to allow its volunteer pilots to he reimbursed for fuel costs 

incurred while conducting charitable f1ights. 

In your petition, you asked the FAA to amend the conditions and limitations in AF/NE 

Exemption No. 1 0360B, to match those granted to Angel Flight Mid Atlantic (AF/MA) in 

Exemption No. l 0009C. 

The FAA has detem1ined that good cause exists f{)r 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 AF/NE. 

The conditions and limitations of Exemption No. 10360. as amended, have been updated and 

are now similar to those of Exemption No. 10009C. While the relief does not change 

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

limitations. 

AFS-!5-597-r; 
Condition and Limitation Nos. 1 and 2 have been an1ended to define the flights permitted 

under this exemption. Condition and Limitation No. I adds the definition of a Charitable 

Medical Flight (CMF) and a Volunteer Pilot Organization (VPO) to conform to Public Law 

112-95, Section 821. Condition and Limitation No.2 requires operations conducted under 

this exemption to be consistent with these definitions. 

2 

The previous Condition and Limitation No. 1 has been modified and is now Condition and 

Limitation No.3. The purpose for modifying this condition and limitation was for consistency 

with the amended Condition and Limitation Nos. 1 and 2, and to include repositioning t1ights. 

The FAA expects that these repositioning flights will occur to and from the aircraft's home 

base (i.e., where the aircraft is normally secured), and will be the most direct routing that is 

practical given airspace, weather, etc. The FAA also expects that for every f1ight that 

transports a client, there would be the potential for two additional repositioning t1ights, 

consisting of a flight from the home base to the client and a ±1ight back to the home base 

following client drop-off. However, the FAA has not defined a maximum number of flights 

in Conditions and Limitations No. 3 in order to not prec.lude the pilot from landing at an 

intermediate location if necessary for weather or other unanticipated conditions. 

With the addition of new Condition and Limitation Nos. 1, 2 and 3, previous Condition and 

Limitations Nos. 3 through 17 are now Condition and Limitations Nos. 4 through 18, 

respectively. 

Condition and Limitation No. 5 has been modified for clarity. In addition to meeting the 

instrument currency requirements of§ 61.57(c) specifi.ed in Condition and Limitation 

No. 5(h), Condition and Limitation No. 5(g) has been modified to clarifY the requirements for 

an instrument proficiency check (IPC) within the previous 1 2 calendar months. Condition and 

Limitation No. 5(g) gives the FAA assurance that the annual proficiency checking and testing 

will include a review of the basic requirements in§ 61.57. For the purpose of complying with 

this condition and limitation, pilots operating under this exemption may not substitute the IPC 

for meeting the currency requirements of§ 61.57( c). 

Our Decision 

Under the authority contained in 49 U.S.C. 106(f), 401 I3 and 44701, which the FAA 

Administrator has delegated to me, I hereby grant Angel Flight New England (AF /NE) an 

exemption from 14 CFR § 61.113 to allow its volunteer pilots to be reimbursed for fuel costs 

incurred while conducting charitable flights subject to the Conditions and Limitations below. 

Conditions and Limitations 

1. Definitions: 

a. Charitable Medical Flight (CMF): A f1ight operation to provide transportation 

for an individual or organ for medical purposes (and for other associated 

individuals), if the aircraft owner or operator has volunteered to provide such 

transportation. 
b. Volunteer Pilot Organization (VPO): An organization that: 

1. is described in section 501 ( c)(3) of the Internal Revenue Code of 1986 

and is exempt from taxation under section 501 (a) of such Code: 

ii. is organized for the primary puqx)se of providing, arranging, or 

otherwise f()stering charitable medical transportation. 

2. Before exercising the privileges of this exemption, AF/NE must ensure it meets the 

definition of a VPO and that the f1ight meets the definition of a CMF. 

3 

3. This exemption may be exercised only for C!\1Fs conducted by AF;NE. A CMF 

includes flights that are intended to reposition the aircraft to the client pick-up 

location, as well as reposition the aircraft following the client drop-off. Repositioning 

Jlights must be from the aircraft home base to and from the point of client pickup/drop-off location by the most practical route. 

4. AF/NE must ensure the following items arc available to ::my representative of the FAA 

Administrator. upon request: 

a. A detailed description of AF/NE' s process for verification of pilot qualification 

and training. 'T'his process must include a means to verify pilots' qualifications 

to act as pilot-in-command (PIC) prior to each night: 

b. Documentation shmving all AF/NE pilots' flight experience, airman certilicate 

information, and currency of FAA medical certificate: 

c. Docurnentation from each pilot showing that at the time he/she accepts a CMF 

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

currency requirements established by AF!NE, part 61. and all conditions <md 

limitations of this exemption; and 

d. Documentation of each flight and reimbursement containing the following 

information, at a minimum: 

1. Name and pilot certificate number of the PIC; 

11. Name and identifier of the departure and arrival airports; 

iii. Name of all occupants of the airplane excluding the PIC; 

tv. Date and time of departure <md arrival; and 

v. Amount of the fuel reimbursement. 

e. All the documentation required under Condition/Limitation No. 4 must be 

maintained by AF/NE for a minimum of24 calendar months. 

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

certificates, qualifications and aeronautical experiencea. An instrument rating or ATP ce1tificate that is appropriate to the aircraft being 

t1own: 
b. A minimum total time of 500 hours, with no less than 400 hours as PIC, and a 

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

flown; 

c. A minimum of 50 hours as PIC must have been logged within the preceding 

12 calendar months immediately preceding the month of the night; 

4 

d. A minimum of 12 hours flown and logged within the preceding 3 calendar 

months prior to the month of Hight. In lieu of this requirement, a pilot may 

have logged 2 hours of Hight training with a certificated flight instructor within 

the preceding 3 calendar months prior to the month of the t1ight; 

e. A second-dass medical certificate (per§§ 61.23(a)(2)(ii) and 61.2); 

f. A CU1Tent Hight review (per§ 61.56(a)) in the same aircraft category, class, and 

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

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

(IPC) meeting the requirements of§ 61.57(d). The IPC must be conducted in 

accordance with the Instrument Rating Practical Test Standards. This 

requirement can be substituted by a FAA practical test Jor an ATP certificate or 

instrument rating. 

h. In addition to meeting the IPC requirement of§ 6l.57(d) as specified in 

Condition and Limitation No. (S)(g), meets the recent flight experience 

requirements of§ 61.57(c), in the same aircraft category. class, and type (if a 

type rating is required) being flo\vn; 

1. For all operations under this exemption, the pilot must meet the recent Hight 

experience requirements for night operations (per§ 61.57 (b)) in an aircraft of 

the same category, class. and type (if a type rating is required). 

6. All operations under this exemption must be in compliance with the following 11ight 

duty. rest, and flight time limitations (a duty day starts when the pilot arrives at the 

airport and begins preparation for the Hight and terminates upon completion of the 

post flight inspection of the aircraft): 

a. No pilot may f1y more than 8 hours of flight time (per § 6!.1) within any 

24-consccutive-hour duty day period; 

b. No pilot may perform a duty day in excess of 12 consecutive hours; and 

c. Once the pilot has performed 12 consecutivt~ hours of duty, the pilot must rest a 

period of at least 12 hours bef~xe conducting any other CMF. 

7. Prior to each takeoff, the PIC nmst ensure that all occupants have been orally briefed 

on the following: 

a. The night is being pem1itted under this gram of exemption and that the 

operator is not a 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 fasten passenger safety 

belts and, if installed, shoulder harnesses; 

d. The placement of seat backs in an upright position before takeoff and landing; 

5 

e. Location and means for opening the passenger entry door and emergency exits; 

t: Location of survival equipment; 

g. Use of normal and emergency oxygen installed; and 

h. Location and operation of fire extinguishers. 

An FAA sample briefing document can be found in the July/ August 2014 edition of 

the FAA Safetv Briefing Magazine, located online at: 

bttn:,iL.~·vv}Y.f~~,gQYl!lem/safetv brieflngi2014/media!JulAug:fQ.M.pdf#page=26 

8. AF/NE must implement procedures to notify the passengers (or their legal guardians) 

that will be on the flight, that the flight operation is for charitable purposes and is not 

subject to the same FAA requirements as a commercial Hight. These procedures must 

allow for the notification to be given as early as possible to the passengers (or their 

legal guardians). Such notification must also be provided to any individual that 

inquires about receiving or scheduling a CMF. 

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

certificate. 

10. The aircraft must be maintained and inspected in accordance with 14 CFR part 91 

Subpart E, 14 CFR part 43, or other inspection programs approved by the FAA. 

11. All pilots operating under this exemption must comply with the following 

requirements: 

a. All t1ights operated under this exemption must activate an LFR Hight plan. The 

earliest the flight plan may be canceled is upon visual contact with the 

destination airport; 

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

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

c. Pilot must add 100 feet and Y2 mile to all instrument approach minimums; 

d. Pilot must add 50 percent to pilot operating handbook (POH) runway length 

performance for obstacle clearance on takeoff and landing under ambient 

conditions; 

e. F'or IMC takeoff minimums, the pilot must ensure that the weather meets 

approach landing minimums with the additional margin noted in 

Condition/Limitation No. 11 (c) (Exan1ple: Ifthe Baltimore-Washington 
International Airport minimums are 200/J/2, then the takeoffminimums will 

be at least 300 feet and l statute-mile visibility); 

f. Prior to each takeon: the PIC must ensure that patients who may need the 

assistance of another person to exit the aircraft if an emergency occurs, have 

received a briefing as to the procedures to be followed if <m evacuation occurs; 

g. Pilots will utilize and brief passengers about sterile cockpit procedures as 

defined under§ 135.100. 

6 

12. AF/NE must develop and implement a preflight risk assessment tool. The tool must be 

completed by the PIC bef~n·e each t1ight and must be transmitted to AF/NE prior to 

takeoff for any flight operated under this exemption. The completed tool must be 

retained by AF/NE for a minimum of30 days. AF/NE must identify a maximum score 

flight value, or other appropriate measure, that is permissible for a Hight to be initiated 

under this exemption. Sample risk assessment tools are available from the fo11owing 

sources: 

1. FAA Information for Operators (InFO) 070 15: 

http://www. faa.gov/ othervisit/ aviation_ industry/ air! inc_ operators/ airl i 

ne _ safety/info/al1 ___ infos/media/2007/info070 15.pdf. 

11. Th~ AOPA Flight Risk Evaluator: (http://l1ash.aopa.org/asf/tlightrisk/) 

'fhe FAA recognizes that any sample tool used to assess any potential safety risk 

during preflight planning should be modified to adequately address the risk for general 

aviation aircraft and AF!NE's specific operation. As an example, the san1ple Flight 

Risk Assessment Tool as outlined in Info 07015, scores icing as a risk value of5, 

when it is moderate to severe. However, for most general aviation aircraft known 

icing conditions of any value should be considered grounds for cancellation or 

postponement of a flight. 

13. AF;NE must develop and implement an initial pilot ground training program that 

includes the fOllowing: 

a. Principles and methods f()r determining weight and balance, and runway 

limitations for takeoff and landings: 

b. Completion of the online AOPA Foundation Air Safety Institute Course: 

Public Benefit Flying. Balancing Safezv and C'ompassion; 

c. Completion of the online AOPA Foundation Air Safety institute Course: 

Single PilotlFR; and 

d. Informing the pilot of where a copy of this exemption can be located and 

requiring the pilot to become f<m1iliar with the conditions and limitations. 

14. Recurrent training is required for all pilots operating under this exemption. 'I'he 

annual recurrent training program must include verification that each pilot is 

adequately trained, current, and proticient on all of the clements in the /\FINE initial 

pilot training program described in Condition/Limitation No. 13. 
7 

15. AF/NE may not exercise the privileges ol'this exemption unless AF/NE receives 

verification indicating acceptance of the AF/NE risk assessment tool 

(Condition/Limitation No. 12) and the initial and recunent pilot ground training 

program (Condition/Limitation Nos. 13 and l4) from the FAA General AviaUon & 

Commercial Division (AFS-800). This document may be sent to the FAA Airman 

Certification and Training Branch, 800 Independence Ave S\V, Washington DC 20591 

or via e-mail to ~'~~~~~~~,~~=~~~~~~~ .. ~~;~:~· 

I 6. AF/NE must maintain a copy of the aircraft logbook entry for the most recent annual 

inspection of any aircraft used to conduct flights under this exemption. 

17. All t1ights operated under this exemption must remain within domestic United States 

airspace. 

18. The FAA may. at any time or place, conduct inspections of the pilots, aircraft, and any 

records required to be kept in accordance with this exemption. 

This exemption terminates on June 30. 20 !7, unless sooner superseded or rescinded. 

Sincerely, 

J. Zenkovich 

Deputy Director, Flight Standards Service