AFS-14-044-E March 28, 2014

Exemption No. 10360B Regulatory Docket No. FAA-2011-0840

Mr. Larry Camerlin

President Angel Flight/New England

492 Sutton Street North Andover, MA 01845

Dear Mr. Carmerlin:

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 your correspondence dated November 13, 2013, you petitioned the Federal Aviation Administration (FAA) on behalf of Angel Fli ght of New England, Inc. (AF/NE), for an exemption from § 61.113(c) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow for reimbursement of its volunteer pilots for fuel costs incurred in conducting charitable flights.

In your petition, you indicate that there has been no changes 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 because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to AF/NE.

In the previously granted extension, Exemption 10360A, t he FAA mentioned that we are in the process of updating the conditions and limitations for this exemption to reflect FAA’s policy for charitable medical flights. To ensure continuity of AF/NE operations, the FAA extended Exemption No. 10360 for a limited period of 6 months so that the FAA could complete its review2

and update of the applicable conditions and limitations. This exemption, 10360B, is issued by the FAA to AF/NE as an extension with the revised conditions and limitations to Exemption 10360.

Our Decision

The FAA has determined that since AF/NE is not an operator, an exemption from § 61.113(c) of Title 14, Code of Federal Regulations (14 CF R) may be granted to AF/NE on behalf of the pilot conducting charitable medical flights. The exemption allows AF/NE to reimburse its volunteer pilots for fuel costs incurred while conducting a charitable flight.

The FAA has made updates to the conditions and limitations of Exemption No. 10360 that clarify our original content to refine our requirements. 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 previous Condition/ Limitation No. 2 is moved to No. 17 and has been clarified to include the inspection of records in addition to the inspection of pilots and aircraft.

In this extension, Condition/Limitation No. 2 is added to ensure AF/NE 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 No. 3 establishes documentation requirements including evidence of pilot qualifications, training, and experience and a record of each flight and the reimbursement provided to the pilot. AF/NE must ensure that the listed items are available to any representative of the FAA upon request and must be maintained for 24 months.

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 fr om 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/Limita tions 3(c) and 3(d) have been removed. 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 Condition/Limitation 4(c) and 4(d).

Condition/Limitation 4(f) is updated to require an instrument proficiency check within the previous 12 calendar months. This condition and limitation gives the FAA assurance that the annual proficiency checking and testing will include a review of the basic requirements in § 61.57.3

The previous Condition/Limitation No.6, which required AF/NE 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. The Condition/Limitation No. 6, previously No. 5, was updated with a website link to an FAA sample briefing instruction document.

Condition/Limitation No.7 is added in order for AF/NE to comply with Public Law 112-95, Section 821 (a)(2).

Condition/Limitation No. 9, 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, is adjusted for clarif ication and standardization with similarly granted exemptions. In addition, Condition/Limitation 10(a) is adjusted to clarify when an IFR flight plan may be cancelled. The previ ous Condition/Limitations No. 10(d) has been removed to allow for a circling approach based on IPC requirements found in 4(f). Condition/limitation 10(e) has been adjusted for conformance with approach landing minimums described in 10(c).

Additional requirements are added into Condition/Limitation No. 11, 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. AF/NE 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. 7, is amended to require AF/NE’s recurrent training program to contain the elements of AF/NE’s initial pilot training program.

Condition/Limitation No. 14 was added to ensure AF/NE has an FAA accepted risk assessment tool and initial/recurrent ground training program.

Condition/Limitation No. 15 is added to require AF/NE keep a copy of the most recent aircraft annual inspection for each aircraft eligible to operate under this exemption.4

The FAA has determined that the justification for the issuance of Exemption No. 10360 remains valid with respect to this exemption 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 Angel Flight of New England, 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 AF/NE clients are not onboard for the purpose of obtaining medical care may not be conducted under the terms of this exemption.

2. AF/NE 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. AF/NE must ensure the following items are available to any representative of the FAA Administrator, upon request:

a. A detailed description of AF/NE’s process for verification of pilot qualification and training. This process must include a means to verify pilots’ qualifications to act as pilot-in-c ommand (PIC) prior to each flight

b. Documentation showing all AF/NE 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 AF/NE, 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.5

e. All the documentation required under Condition No. 3 must be maintained by

AF/NE for a minimum of 24 calendar months.

4. All pilots operating under the terms of this exemption must possess 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);

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. Meets 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;

i. For all operations under this exemption, the pilot must meet 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):6

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;

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. AF/NE 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.7

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), each pilot may only use airports that have a functioning, published, precision approa c h procedure;

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

d. Pilot 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, the pilot must ensure that the weather meets approach landing minimums with the additional margin noted in Condition/Limitation 10 (c) (Example: If the Baltimore-Washington 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, the PIC must ensure that patients, who may need the assistance of another person to exit the aircraft if an emergency occurs, has received a briefing as to the procedures to be followed if an evacuation occurs;

and

g. Pilots will utilize and brief passengers that a sterile cockpit procedures as defined under § 135.100.

11. AF/NE 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 AF/NE prior to takeoff for any flight operated under this exemption. The completed tool must be retained by AF/NE for a minimum of 30 days. AF/NE 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/airli ne_safety/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 AF/NE’s specific operation. As an example, the sample risk assessment scores icings when it is moderate to8

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. AF/NE must develop and implement an initial ground training program that includes the following:

a. AF/NE 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,

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

14. AF/NE may not exercise the privileges of this exemption unless AF/NE receives verification indicating acceptance of the AF/NE 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. AF/NE 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.9

The Effect of Our Decision

This exemption terminates on March 31, 2016, unless sooner superseded or rescinded. It supersedes Exemption No. 10360A.

Sincerely,

/s/

John S. Duncan Director, Flight Standards Service