NATIONAL HEADQUARTER CIVIL AIR PATROL UNITED STATES AIR FORCE AUXILIARY MAXWELL AIR FORCE BASE, ALABAMA 361 I2-6 332

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 ofTransportation Docket Operations, M-30 West Building Ground Floor Room

**W12~140** 1200 New Jersey Avenue, SE Washington DC 20590 Re: Request for renewal ofexemption 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 I03 7, Docket No
. FAA-2001-9874 , which is granted to Civil Air Patrol (CAP), the official Auxiliary ofthe United States Air Force (USAF). Exemption No. 11037 confers a partial grant ofexemption from section 61.113(e) to allow members of CAP who hold privat e pilot certificates to be reimbursed for fuel, oil, supplemental oxygen, fluids, lubricants, preheating, deicing, airport expenses , servicing, and maintenance and per diem expenses for fli ghts directly related to USAF-assigned missions. Additionally, the exemption permits certain CAP operations, including CAP/Air Force Reserve Officers' Training Corps cadet orientation. Finally , th e 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 ofpers onal 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 fli ght time benefit. Anyone seeki ng flight time would come out ahead just renting aircraft for rime accumulation. Ofcourse any furtherance ofratings is a plus to any pilot, but CAP does not allow any funded flight in struction to adult members. d. There is no safety impact within the petition for exemp tion. Without the exemption, the impact to the CAP and the nation is detrimental to the country's aerospace industry, pipeline ofyouth into the military , US emergency services to the public, drug dependency reduction and homeland security
. All ofthe 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 exemption s and has maintained a safety record that surpasses that ofthe rest of general aviation.US Department ofTransportation Docket Operations , M30 4 May 2016 Page2 The current exemption is due to expire on July 31, 20 16
. CAP hereby petition s for renewal ofthat 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 ofExemption was based remain unchanged and are supplemented wit h 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 PatrolAircraft Operations under FAR ExemptionsUS 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 8 00 In depe n dence Ave

. S W Was h ington
. 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 ofthe 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 ofExemption 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-E2
The FAA has issued a grant of exemption in circumstances similar in all material respects to tho se presented in your petition
. In Grant ofExemption No. 10593 (copy enclosed), the FAA found that the services performed by CAP are valuable and considers its mi ssion and purpose to be in the public interest. Having reviewed your reasons for requesting an exemption, I find that

- • they are si milar in all materi al res pects to relief previously requested in the enclosed Grant of Exemption No. 10593; • the reasons s tated by the FAA for granting the enclosed Grant of Exemption No. 10593 a lso ap pl y to the situation yo u present ; and • a grant of exemption is in the public interes t. 

### O ur Decision The FAA has amended the conditions and limitation s of your previous exemption for consi stency and to clarify our intent. While the reli ef granted does n ot change substanti ally, yo u should review the revi sed 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 f or 14 CFR 

### § 61.113(a) and (e) to allow CAP to reimburse CAP mem bers exercising the privilege s of a private pilot certific ate for certain expenses incurred while serving on official United States Air Force -assigned CAP mis sions. Additionally, this exemption permits certain CAP opera tio ns, incl uding CAP/ Air Force Reserve Officers ' Trainin g Corps cadet orientation , subject to the followi ng 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 U SAF 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 reliefprovided 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 privilege s 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 ofthat 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 privilege s 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 ofthe 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 privilege s may, if operational considerations require an overnight s tay away from the pilot's home base and while on a CAP mission identified in Condition No. 1, receive per diem expense s up to the rate listed in CAPR 

### 173

- 3, as amended. 8. Th e CAP will inform the FAA General Aviation and Commercial Divi sion of any changes to CAP regulations that could have an effect on thi s 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 ofthe approved flight activity, including CAP or AFJROTC 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 te sting 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 pre sented to any representative ofthe FAA Admini strator upon requ es t. The pilot logbook is not acceptable for this record
. The record must includ e 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 li sti ng of all reimbursable costs incurred while performing under the conditions and limitation s ofthis exemption
. 14. The CAP mu st en s ure its supervisory personnel , its member pilots , and any other personnel who participate or are aboard any aircra ft operated under thi s exemption are familiar with the provisions contained in this exemption
. 

### Th e Effect of Our Decision T hi s exemption terminates on July 31, 2016 , unless sooner superseded or rescinded
. Sincerely ,

Jo hn B r gallo

**~fiRB~ eeputy**  D :irect or, Flight Standards Servi ce