AFS-14-358-E

October 22, 2014

Exemption No. 11089

 Regulatory Docket No. FAA-2012-0516

Mr. Joseph DeMarco

Wings Flights of Hope, Inc.

P.O. Box 872

Orchard Park, NY 14127

Dear Mr. DeMarco:

This letter is to inform you that we have granted your petition for exemption from 

§ 61.113(c). It explains the basis for our decision, describes its effect, and lists the revised

conditions and limitations.

The Basis for Our Decision

By letter dated June 24, 2014, you petitioned the Federal Aviation Administration 

(FAA) on behalf of Wings Flights of Hope, Inc. (Wings), a § 501(c)(3) charitable 

organization, for an extension of exemption No. 10621 from § 61.113(c) Title 14, Code 

of Federal Regulations (14 CFR). That exemption extension, if granted, would allow 

Wings to continue reimbursing its volunteer pilots for fuel costs incurred while 

conducting charitable flights. Because Exemption No. 10621 expired on September 30, 

2014, we will treat your request as a new petition.

In your petition, you indicate that there has been no change 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. The requested extension of the exemption would not set a precedent, 

and any delay in acting on this petition would be detrimental to Wings.
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. 10621 the FAA had determined 

that since Wings is not an operator, an exemption from § 61.113(c) of Title 14, Code of 

Federal Regulations (14 CFR) may be granted to Wings on behalf of the pilot conducting 

charitable medical flights. The exemption allows Wings to reimburse its volunteer pilots for 

fuel costs incurred while conducting a charitable flight.

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. 10621;

 the reasons stated by the FAA for granting Exemption No. 10621 also apply to the

situation you present; and

 a grant of exemption is in the public interest.

Our Decision

The conditions and limitations of this exemption differ from those of Exemption No. 10621. 

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 medical flight 

industry, and the resulting FAA review of the conditions and limitations associated with relief 

of this type. The new conditions and limitations are as follows:

 Condition/Limitation No. 2 (previously No. 12) is adjusted to ensure Wings

continues to hold its § 501(c)(3) nonprofit, tax-exempt, charitable organization status 

described under §§ 509(a)(1) and 170(b)(1)(a)(vi) of the Internal Revenue Code.

 Condition/Limitation No. 4 (previously No. 3) is updated for clarity. The former 

provisions that specified certain minimum total aeronautical experience have been 

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

no longer believes that there needs to be higher total times for either multiengine 

operations or for turbine powered aircraft. Therefore, the previous 

Conditions/Limitations 3(c) and 3(d) have been omitted. The FAA believes that time 

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

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

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

requirements for recent experience found in Conditions/Limitations 4(c) and 4(d). 

 Condition/Limitation 4(f) (formally condition 3(h)) is updated to require an 

instrument proficiency check within the previous 12 calendar months. This condition 
3

and limitation gives the FAA assurance that the annual proficiency checking and 

testing will include a review of the basic requirements in § 61.57. 

 The Condition/Limitation No. 6 (previously No. 5) is updated with a website link to 

an FAA sample briefing instruction document. 

 Condition/Limitation No.7 has been added to comply with Public Law 112-95, 

Section 821(a)(2), which requires notification of passengers.

 The previous Condition/Limitation No.7, which required Wings to establish an initial 

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

adjusted to reflect appropriate training for charitable medical flight operations. 

 Condition/Limitation No. 9 (formally condition 10) is amended to remove the 

requirement that all maintenance must be performed by a certificated mechanic, 

repairman, or repair station. This amendment is in response to feedback from the 

charitable medical flight industry. The FAA finds 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. 

 Condition/Limitation No. 9 is also amended to remove the specific requirement for 

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. 

 Condition/Limitation 10 (previously No.13) is adjusted for clarification and 

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

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

Condition/Limitation 10(e) has also been adjusted for conformance with the approach 

landing minimums described in Condition/Limitation10(c).

 Condition/Limitation No. 11 (previously No. 14) is adjusted for 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. Wings is now required to retain 

completed risk assessment tools for a minimum of 30 days instead of three days.

 Condition/Limitation No. 13 (previously No. 8) is amended to require Wings’

recurrent training program to contain the elements of Wings initial pilot training 

program.
4

 The previous Condition/Limitation No. 13(d) has been removed to allow for a 

circling approach based on instrument proficiency check (IPC) requirements found in 

Condition/Limitation 4(f).

 Condition/Limitation No. 14 is added to ensure that Wings has an FAA accepted risk 

assessment tool and initial/recurrent ground training program.

 Condition/Limitation No. 15 is added to require that Wings keep a copy of the most 

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

exemption. 

 Condition/Limitation No. 16 (previously No. 11) is adjusted to require all flights 

operating under this exemption remain within domestic United States airspace. 

 Condition/Limitation No. 17 is added to 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.

The FAA has determined that the justification for the issuance of Exemption No. 11089 is

valid and is in the public interest. Under the authority contained in 49 U.S.C. §§ 106(f) 40113 

and 44701, which the FAA Administrator has delegated to me, I hereby grant of Wings

Flights of Hope, Inc., an exemption from 14 CFR § 61.113(c) to the extent necessary to 

allow for reimbursement of its volunteer pilots for fuel costs incurred in conducting charitable 

flights, subject to the following revised conditions and limitations.

Conditions and Limitations 

1. This exemption may be exercised only for charitable medical flights. Operations where 

Wings clients are not onboard for the purpose of obtaining medical care may not be 

conducted under the terms of this exemption. 

2. Wings must:

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

Code of 1986 and be exempt from 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. Wings must ensure the following items are available to any representative of the FAA 

Administrator, upon request:
5

a. A detailed description of Wings’ process for verification of pilot qualification 

and training. This process must include a means to verify pilots’ qualifications 

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

b. Documentation showing all Wings pilots’ flight experience, airman certificate 

information, 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 Wings, 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 and 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 

Wings for a minimum of 24 calendar months from the month of the flight. 

4. All pilots operating under the terms of this exemption must possess or meet, as the 

case may be, the following certificates, qualifications and aeronautical experience:

a. An instrument rating or ATP 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 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 flight; 

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

months prior to the month of flight. 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); 
6

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 review (per § 61.56(a)) in the same aircraft category, class, and 

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

h. The recent flight experience requirements of § 61.57(c) or (d), as appropriate, 

in the same aircraft category, class, and type (if a type rating is required) being 

flown; and

i. 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 must be in compliance with the following flight 

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 flight 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

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 flight is being permitted under this grant 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 have his or her safety belt 

and, if installed, his or her shoulder harness 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;
7

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/library/documents/2007/Jan/14082/6.5%20Passe

nger%20Safety%20Briefing%20JanFeb07.pdf.

7. Wings 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

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 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 must comply with the following 

requirements: 

a. All flights operated under this exemption must activate an IFR 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), all pilots may only 

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

c. All pilots must add 100 feet and 1⁄2 mile to all instrument approach minimums;

d. All pilots 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, all pilots must ensure that the weather meets 

approach landing minimums with the additional margin noted in 

Condition/Limitation 10(c) (Example: If the Baltimore-Washington 
8

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

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

f. Prior to each takeoff, all pilots 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 an evacuation occurs; 

and

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

defined under § 135.100.

11. Wings 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 Wings prior to 

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

retained by Wings for a minimum of 30 days from the date of the flight. Wings must 

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

permissible for a flight to be initiated under this exemption. Sample risk assessment 

tools are available from the following sources:

a. FAA Information for Operators (InFO) 07015: 

http://www.faa.gov/other_visit/aviation_industry/airline_operators/airline_safe

ty/info/all_infos/media/2007/info07015.pdf.

b. The AOPA Flight Risk Evaluator: (http://flash.aopa.org/asf/flightrisk/)

The FAA recognizes that any sample tool should be modified to adequately address 

the risk for general aviation aircraft and Wings’ specific operation. As an example, the 

sample risk assessment scores icings when it is moderate to severe. However, for 

general aviation aircraft, known icing conditions of any value should be grounds for 

cancellation of a flight or postponement. The FAA recommends that the probability of 

icing should receive a risk value score. 

12. Wings must develop and implement an initial ground training program that includes 

the following:

a. Wings’ 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 Benefit Flying: Balancing Safety and Compassion; and
9

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

Single Pilot IFR.

13. Recurrent training is required for all 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 Wings’

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

14. Wings may not exercise the privileges of this exemption unless Wings receives 

verification indicating acceptance of the Wings’ 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 Aviation & Commercial 

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

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

9-AFS-800-Correspondence/AWA/FAA.

15. Wings 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.

The Effect of Our Decision

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

Sincerely,

/s/

Michael J. Zenkovich

Deputy Director, Flight Standards service