AFS-14-322-E

August 1, 2014

 Exemption No.11037

 Regulatory Docket No. FAA-2001-9874

Mr. Rafael A. Robles

General Counsel

Civil Air Patrol

105 South Hansell Street. Bld. 714

Maxwell Air Force Base, AL 36112

Dear Mr. Robles:

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

exemption from § 61.113(a) and (e) of Title 14, Code of Federal 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.
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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 of the 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.
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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.

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-810), 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 performance of the 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. 
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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 of this 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,

/s/

John Barbagallo

Acting Deputy Director, Flight Standards Service

Enclosure