AFS

- 12

- 478

- E October 18, 2012

Exemption No. 10648 Regulatory Docket No. FAA

- 2012

- 0811

Mr. David M. Knies

Chairman Vital Flight , Inc.

P.O. Box 1767

, Pompano Beach, FL 33061

Dear Mr. Knies :

Th is letter is to inform you that we have granted your request for exemption. It transmits our decision, explains the basis for that decision , and gives you the conditions and limitations of the exemption, including its end date.

The Basis for Our Decision

By letter dated July 24 , 2012 , you petitioned the Federal Aviation Administration (FAA) on

behalf of Vital Flight , Inc. ( Vital Flight ) , a § 501(c)(3) charitable organization

, for an exemption from § 61.113(c) Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted

, would allow Vital Flight to reimburse its volunteer pilots for fuel costs incurred

while conducting charitable flights.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federa l Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Vital Flight

.

The FAA has issued grants of exemption in circumstances similar in all material respects to those presente d in your petition. In Grant of Exemption Nos. 1001 9A and 10621 ( see enclosed), the FAA found that when money is exchanged for transportation, the public expects, and the FAA has a duty to demand, a higher level of safety for the flying public. The

FAA bel ieves that by requiring the petitioners to comply with the conditions and limitations of

this exemption, the FAA can ensure a higher level of safety for the individuals participating in these charitable flights

. The FAA noted that the petitioners had propo sed limitations on the2

flights that in some cases were more stringent than those r equirements found in the FAA’s a ir

o perator regulations in part 135.

Having reviewed your reasons for requesting an exemption, we find that :

• they are similar in all mater ial respects to relief previously requested in the enclosed Grant of Exemption Nos. 1001 9A and 10621 ;

• the reasons stated by the FAA for granting the enclosed Grant of Exemption Nos.

1001 9A and 10621 also apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision

Under the authority contained by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Vital Flight Inc., an exemption from 14 CFR § 61.113(c) to the extent necessary t o allow Vital Flight to reimburse its volunteer pilots for fuel costs incurred in conducting charitable flights

, subj ect to the conditions and limitations described

below.

Conditions and Limitations

1. The privileges of this exemption are limited to flights directly operated by Vital Flight only. Operations where Vital Flight clients are not onboard for the purpose of obtaining medical care may not be operated under the terms of this exemption.

2. Vital Flight must ensure the following items are available to a ny representative of the FAA Administrator, upon request :

a. A detailed description of Vital Flight’s 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. D ocumentation showing all Vital Flight 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 Vital Flight

, part 61, and all conditions

and limitations of this exemption; and

d. Documentation of each flight and reimbursement containing the following

info rmation, 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 ;3

iv. Date and time of departure and arrival ;

v. Amount of fuel reimbursement

.

e. All th e documentation required under Condition No. 2 must be maintained by Vital Flight for a minimum of 24 calendar months.

3. All pilots operating under the terms of this exemption must possess the following certificates, qualifications

, and aeronautical experienc e:

a. A n instrument rating or privilege (instrument privilege relates to the airline transport pilot certificate) that is appropriate to the aircraft being flown ;

b. For operat ing any single

- engine piston aircraft, a minimum total time of 500 hours, with no less than 400 hours as PIC, and a minimum of 50 hours in the make and model of single

- engine aircraft being flown ;

c. For operati ng any multiengine aircraft, a minimum total time of 1,000 hours as

PIC in any aircraft , a minimum of 250 hours in multiengine aircra ft, and a

minimum of 50 hours in the make and model of multiengine aircraft being

flown ;

d. For operati ng any single

- or multiengine turbine

- powered aircraft, a minimum

total time of 1,000 hours as PIC, a minimum of 100 hours in turbine

- powered aircraft, and a minimum of 50 hours in the make and model of turbine

- powered aircraft being flown ;

e. A minimum of 50 hours as PIC shall have been logged within the preceding

12 calendar months immediately preceding the month of the flight ;

f. A m inimum of 12 hours logged, or 2 hours of flight training with a certificated flight instructor, within the preceding 3 calendar months prior to the month of the flight ;

g. A 2nd class medical certificate (per §§ 61.23 and 61.2) ;

h. Within the preceding 12 calendar months, an instrument proficiency check (IPC) meeting the requirements of § 61.57(d ) , or a flight review meeting the requirements found in § 61.56(a) . The IPC or flight review must consist of at
least 1 hour of flight training and 1 hour of ground training . This requirement

can be substituted by a n FAA practical test for any pilot certificate or rating.

i. A current flight review (per § 61.56 ( a ) ) in the same aircraft category, class, and type (if a type rating is required) being flown ;

j. I nstrument c urren cy (per § 61.57 ( c ) or ( d )

, as appropriate) in the same aircraft category, class, and type (if a type rating is required) being flown ;4

k. For all operations under this exemption the pilot must be current for night operations (per § 61.57 ( b ) ) in an aircraft of the same category, class, and type (if a type rating is required).

4. All operations under this exemption must be in compliance with the following f light duty, r est, and f light t ime l imitations:

a. No pilot may fly more than 8 hours of pilot time (per § 61.1) within any 24

- consecutive

- hour duty day period ;

b. No pilot may perform a duty day in exce ss of 12 consecutive hours ( 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 inspection of the airc raft) ; and

c. In the 24 hours preceding any flight under this exemption , the pilot must have

had a rest period of at least 12 hours.

5. Prior to each takeoff, the PIC must ensure that all passengers have been briefed on the following:

a. The flight is operated unde r this grant of exemption and the operator is not a n FAA

- certificated commercial operator ;

b. When, where, and under what conditions smoking is allowed ;

c. Use of safety belts, shoulder harnesses, and child restraint systems ; w hen,

where

, and under what conditio ns it is necessary for a passenger to have his or her safety belt and, if installed, his or her shoulder harness fastened ;

d. The placement of seat backs in an upright position before takeoff and landing ;

e. Location and means for normal and emergency egress ;

f. Lo cation of survival equipment ;

g. Use of normal and emergency oxygen , if installed ; and

h. Location and operation of fire extinguishers

.

6. Prior to each takeoff, the PIC must ensure that the patient, who may need the assistance of another person to exit the aircra ft in case of emergency , has received a briefing as to the procedures to be followed if an evacuation occurs. This paragraph does not apply to a person who has been given a briefing before a previous leg of a flight in the same aircraft.

7. Vital Flight must develop and implement an initial and recurrent ground training program that contains all the requirements of § 135.345 except those that are not specifically applicable to Vital Flight’s operations.5

8. Recurrent training is required for all pilots operati ng under the terms of this exemption. The annual recurrent training program must include :

a. Verification that each pilot is adequately trained, current

, and proficient on all

of the elements in Vital Flight ’ s initial pilot training program ; and

b. T esting to de termine each pilot ’s aeronautical knowledge , proficiency with the aircraft, and knowledge of the limitations of this exemption

.
9. Each aircraft operated under this exemption must have a standard airworthiness

certificate.

10. All maintenance conducted on aircraf t operated under this exemption must be performed by a n FAA

- certificated mechanic, repairman, or repair station. The a ircraft engine, propeller, and all components must be overhauled prior to reaching the airframe, engine, or propeller manufacturer’s recom mended t ime b etween o verhaul s

.
11. This exemption applies to flights conducted within U.S. airspace. Vital Flight may exercise th e relief in this exemption for overflights within the territory and airspace of a foreign country only with the specific permissio n of the foreign civil aviation authority

.
12. Vital Flight must continue to hold a determination from the U.S. Internal Revenue Service that it is a § 501(c)(3) nonprofit, tax

- exempt, charitable organization under §§ 509(a)(1) and 170(b)(1)(a)(vi) of the In ternal Revenue Code.

13. All pilots operating under this exemption must comply with the following requirements :

a. All flights operat ed under this exemption must activate an IFR flight plan. The

earliest the flight plan may be canceled is upon acceptance of a v isual approach

clearance from air traffic control ;

b. For flights i n i nstrument m eteorological c onditions ( IMC ) , each pilot may only

use airport s that have a functioning, published

, precision approach procedure ;

c. P ilot s must add 100 feet to all instrument appr oach minimu ms;

d. All circling approaches at night are prohibited ;

e. Pilots must a dd 50 percent to p ilot o perating h andbook runway length performance for obstacle clearance on takeoff and landing under ambient

conditions ;

f. For IMC takeoff minimums, the pilot mus t use 1 50 percent approach landing

minimums ( Example: Baltimore

- Washington International Airport minimums

are 200/1/2, then the takeoff minimums will be at least 300 feet and 3/4 statute
mile visibility );

g. P ilot s must ensure that all passengers are restra ined by FAA

- approved seat

belts or a FAA

- approved child safety seat at all times during the flight

. The6

only exception shall be change of seat positions, quick access to luggage, care and/or feeding of a child, or use of lavatory ;

h. Pilots will utilize and brief passengers on sterile cockpit procedures as defined under § 135.100 ;

i. Pilots will document their weight and balance calculation prior to each flight.

14. Vital Flight must develop and implement a preflight risk assessment tool for use by the

PIC for all f lights operated under this exemption

. The tool must be completed by the PIC before each flight and must be transmitted to Vital Flight prior to takeoff for any flight operated under this exemption. The comp l eted tool must be retained by Vital Flight for a minimum of three days. A sample risk assessment tool is available at FAA Information for Operators ( InFO ) 07015 : http://www.faa.gov/other_visit/aviation_industry/airline_operators/airline_safety/info/ all_infos/media/2007/inFO07015.pdf

.

This exemption term inates on October 31, 201 4 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Deputy Director, Flight Standards

Service

Enclosure