AFS-16-13879-E

September 9, 2016

Exemption No. 10009E

Regulatory Docket No. FAA-2009-0702

Mr. Stephen Craven

Angel Flight Mid-Atlantic

Airlift Hope of America

Mercy Medical Airlift

4620 Haygood Road, Suite 1

Virginia Beach, VA 23455

Dear Mr. Craven:

This letter is to inform you that we have granted your petition to extend Exemption No. 

10009, as amended. It transmits our decision, explains our basis, and gives you the conditions 

and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter dated August 2, 2016, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Angel Flight Mid-Atlantic, Airlift Hope America, and Mercy Medical Airlift 

(AF/AH/MM) for an extension of Exemption No. 10009D, as amended. That exemption from 

§ 61.113(c) of Title 14, Code of Federal Regulations (14 CFR) allows AF/AH/MM to 

reimburse its volunteer pilots for fuel costs incurred while conducting charitable flights.

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 because the requested extension of the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to AF/AH/MM.
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Our Decision

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 Angel Flight Mid-Atlantic, Airlift Hope of 

America, and Mercy Medical Airlift, 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.

The FAA has amended the conditions and limitations of Exemption No.10009 to clarify our 

original intent and to standardize the relief with similarly granted exemptions. While the relief 

does not change substantially, all users of the exemption should thoroughly review the revised 

conditions and limitations.

Condition/Limitation 5 (g) has been amended to require an instrument proficiency check 

(IPC) to be conducted in accordance with the Instrument Rating Airplane Airman 

Certification Standards (ACS) which supersedes the Instrument Rating Practice Test 

Standards.

Condition/Limitation No. 12 has been amended to remove the AOPA Flight Risk Evaluator as 

a sample risk assessment tool because the FAA is not responsible for the quality control of 

such products and therefore cannot guarantee the relevancy of the content. 

Condition/Limitation No. 13 has been amended to remove the AOPA Foundation Air Safety 

Institute Course: Public Benefit Flying: Balancing Safety and Compassion course, as well as 

the Single Pilot IFR course. The FAA is not responsible for the quality control of such courses 

and therefore cannot guarantee the relevancy of the content. Therefore, the FAA had added 

specific areas to include in AF/AH/MM’s initial ground training program.

Condition/Limitation No.17 has been amended to clarify our original intent to prohibit the use 

of this exemption outside the United States.

Conditions and Limitations 

1. Definitions:

a. Charitable Medical Flight (CMF): A flight operation to provide transportation 

for an individual or organ for medical purposes (and for other associated 

individuals), if the aircraft owner or operator has volunteered to provide such 

transportation.

b. Volunteer Pilot Organization (VPO): An organization that:

i. is described in section 501(c)(3) of the Internal Revenue Code of 1986 

and is exempt from taxation under section 501(a) of such Code; 
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ii. is organized for the primary purpose of providing, arranging, or 

otherwise fostering charitable medical transportation.

2. Before exercising the privileges of this exemption, AF/AH/MM must ensure it meets 

the definition of a VPO and that the flight meets the definition of a CMF.

3. This exemption may be exercised only for CMFs conducted by AF/AH/MM. A CMF 

includes flights that are intended to reposition the aircraft to the client pick-up 

location, as well as reposition the aircraft following the client drop-off. Repositioning 

flights must be from the aircraft home base to and from the point of client pickup/drop-off location by the most practical route.

4. AF/AH/MM must ensure the following items are available to any representative of the 

FAA Administrator, upon request:

a. A detailed description of AF/AH/MM’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. Documentation showing all AF/AH/MM 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 CMF

under this exemption, he/she meets all minimum standards and appropriate 

currency requirements established by AF/AH/MM, 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 pilot 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/Limitation No. 3 must be 

maintained by AF/AH/MM for a minimum of 24 calendar months. 

5. 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;
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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(a)(2)(ii) and 61.2); 

f. A current flight review (per § 61.56(a)) in the same aircraft category, class, and 

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

g. 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 Airplane Airman Certification 

Standards (ACS). This requirement can be substituted by a FAA practical test 

for an ATP certificate or instrument rating. 

h. In addition to meeting the IPC requirement of § 61.57(d) as specified in 

Condition and Limitation No. 5(g), meets the recent flight experience 

requirements of § 61.57(c), 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). 

6. 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 inspection 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 any other CMF.

7. Prior to each takeoff, the PIC must ensure that all occupants have been orally briefed 

on the following:
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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 fasten passenger safety 

belts and, if installed, shoulder harnesses;

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 document can be found in the July/August 2014 edition of 

the FAA Safety Briefing Magazine, located online at: 

http://www.faa.gov/news/safety_briefing/2014/media/JulAug2014.pdf#page=26

8. AF/AH/MM 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 CMF.

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

certificate.

10. 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. 

11. 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 approach procedure;

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

received a briefing as to the procedures to be followed if an evacuation occurs; 

g. Pilots will utilize and brief passengers about sterile cockpit procedures as 

defined under § 135.100.

12. AF/AH/MM 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/AH/MM prior to takeoff for any flight operated under this exemption. The 

completed tool must be retained by AF/AH/MM for a minimum of 30 days. 

AF/AH/MM 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 tool is available from the following source:

i. FAA Information for Operators (InFO) 07015: 

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

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

The FAA recognizes that any sample tool used to assess any potential safety risk 

during preflight planning should be modified to adequately address the risk for general 

aviation aircraft and AF/AH/MM’s specific operation. As an example, the sample 

Flight Risk Assessment Tool as outlined in InFo 07015, scores icing as a risk value of 

5 when it is moderate to severe. However, for most general aviation aircraft, known 

icing conditions of any value should be considered grounds for cancellation or 

postponement of a flight. 

13. AF/AH/MM must develop and implement an initial ground training program that 

includes the following:

a. AF/AH/MM operational policies and procedures; 

b. Principles and methods for determining weight and balance, and runway 

limitations for takeoff and landings;

c. Principles and methods of managing passenger needs and handling special 

equipment;
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d. Principles and methods of aviation professionalism, decision-making, risk 

management and mitigation, and determining personal minimums; 

e. Informing the pilot of where a copy of this exemption can be located and 

requiring the pilot to become familiar with the conditions and limitations.

14. Recurrent training is required for all pilots operating under 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/AH/MM initial pilot 

training program described in Condition/Limitation No. 13.

15. AF/AH/MM may not exercise the privileges of this exemption unless AF/AH/MM

receives verification indicating acceptance of the AF/AH/MM risk assessment tool 

(Condition/Limitation No. 12) and the initial and recurrent pilot ground training 

program (Condition/Limitation Nos. 13 and 14) 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@faa.gov.

16. AF/AH/MM must maintain a copy of the aircraft logbook entry for the most recent 

annual inspection of any aircraft used to conduct flights under this exemption.

17. All flights operated under this exemption must remain within domestic United States 

airspace.

18. 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

The expiration date of this exemption is October 31, 2018, unless sooner superseded or 

rescinded.

Sincerely,

/s/

John Barbagallo

Deputy Director, Flight Standards Service