AFS

- 14

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October 22, 2014

Exemption No. 11089 Reg ulatory 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 i nform you that we have granted your petition for e xemption 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 a s 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 F AA h a s i s sued a g r a nt of e x e mp t ion i n c i r c ums t a n ce s s i m i lar in all ma te r ial r e spe c ts t o those p re s e nted in y our pe t i t i on. I n g ra nt of e x e mp t ion No. 10621 t he 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) m ay 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.

H a ving re vie we d y our rea sons for re qu e st i ng a n e x e mp t ion, I f ind t h a t

—

 they a re si m i l a r in a ll mat e ri a l r e spe c ts t o r e l i e f p re viously re qu e sted in the e n c losed

G r a nt of E x e mp t ion No. 10621 ;

 the rea sons stat e d by the F AA f or g r a nt i ng E x e mp t ion N o . 10621 a lso a pply to t he

si t u a t i on y ou p re s e nt; a nd

 a g r a nt of e x e mp t ion i s in t he publ i c in t e r e st.

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 re vised conditions and limitations. These new conditions and limitations are based upon Pub lic 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 condi t ions 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/Limita tion 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

Condition s /Limitations 3(c) and 3(d) have been omitt ed . 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 spec ific make and model, as well as the requirements for recent experience found in Condition s /Limitation s 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 calenda r months. This condition3

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 esta blish 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 w ho 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 a mended 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 e xemptions. In addition, Condition/Limitation 10(a) is adjusted to clarify when an IFR flight plan may be cancelled.

Condition/ L imitation 10(e) has also been adjusted for conformance with the approach landing minimums described in Condition/Limitation 10(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 reta in 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

 Th e 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 exemptio n.

 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 onb oard 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 5 01(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 Wi ngs 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 Conditio n 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 aeronaut ical 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 bein g 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 fligh t. 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 substitute d 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. T he 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. T he 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 fligh t 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 fl ight 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 fo r 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. W ings 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 ope rated 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 i n instrument meteorological conditions (IMC), all pilot s may only use airports that have a functioning, published, precision approa c h procedure;

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

d. All p ilot s 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 pilot s must ensure that the weather meets approach landing minimums with the additional margi n noted in Condition/Limitation 10(c) (Example: If the Baltimore

- Washington8

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 p ilots will utilize and brief passengers that a sterile cockp it 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 exem ption. 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 score s 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. Nor mal and emergency communication procedures ;

d. Completion of the online AOPA Foundation Air Safety Institute Course: Public Benefit Flying: Balancing Safety and Compassion; and9

e. Completion of the online AOPA Foundation Air Safety Institute Course: Single Pil ot 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 A ve 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 Sta tes 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 su perseded or rescinded

.

Sincerely,

/s/

Michael J. Zenkovich Deputy Director, Flight Standards service