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 Fo rce 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)

allow ed CAP to reimburse CAP members exercising the privileges of a private pilot

certificate for certain expenses incurred while serving on official U nited S tates Air Force (USAF)

- assigned CAP missions. Addi tionally , this exemption permitted certain CAP

o perations, 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

.2

The FAA has issued a gr ant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 10593 (copy enclosed), t he FAA

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

to be in the public inter e st.

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 gra nting 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. U nder 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 U nited S tates Air Forc e

- 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 exemp tion only applies to f lights directly related to U nited S tates Air Force (USAF)

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

memorand a of understanding with United States Government agen cies and are within

the Civil Air Patrol’s (C AP) purpose as defined within Title 36 of the United States Code, part B, chapter 403, section 40302. Th e relief provided by this exemption

includes flights operated by CAP for the purpose of CAP/ Air Force Reserve Officers’ Training Corps ( AFJROTC ) orien tation.

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. Reimburseme nt may not be provided to pilots exercising the privileges of a recreational or sport pilot certicate.3

3. This exemption provides relief to the extent that CAP pilots acting as pilot in command while operatin g 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 provid ing an aircraft for use in

CAP missions listed in C ondition N o. 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 operat ing a CAP

- owned aircraft

for use i n CAP missions listed in C ondition No. 1 may be reimbursed for aircraft operating expenses directly related to the CAP mission. These operating expenses are limited to fuel, oil, supplement al oxygen, fluids, lubricants, servicing, and

maintenance of the a ircraft.

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

- air operating expenses directly related to CAP m issions listed in Condition No. 1. These expenses are limited to preheating, deicing, and airport expenses.

7. CAP members ex ercising 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 C ondition No. 1, receive per diem expenses up to the rate listed

in CAPR 173

– 3, as amend ed.

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

Admi nistration, 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 author ized 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 co nducted.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 CAP R 52

– 16 , as amended ; CAP R 60

– 1, as amended; and part 6 1 of Title 14, Code of Federal Regulations

.

13. The CAP must maintain a record of each flight opera ting 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 re cord. 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, i tinerary

, 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, a nd 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 e x e mp t ion t e rmin a tes on July 31 , 201 6 , unless soon e r sup e rs e d e d or re s c inded.

Sincerely,

/s/

John Barbagallo Acting Deputy Director, Flight Standards Service

Enclosure