AFS

- 16

- 13879

- E

September 9, 2016 Exemption No. 10009 E 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.

1000 9 , 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 amende d. 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 whil e conducting charitable flights.

In your petition, you indicate that there has been no chan ge 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

.2

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

c onducting 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 exempti ons. 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 i n 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 as sessment 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 a dded 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. Definiti ons:

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): A n 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;3

ii. is organized for the primary purpose of providing, arranging, o r 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 t hat are intended to reposition the aircraft to the client pick

- up location , as well as reposition the aircraft following t he client drop

- off. Repositioning flights must be from the aircraft home base to and from the point of client pick

up/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 verif ication 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 informat ion, 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 a ll 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 a irports;

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;4

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)( i i) 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 e xperience requirements of § 61.5 7 ( 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 (p er § 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 p ilot 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 ensur e that all occupants have been orally briefed on the following:5

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 s afety belts, shoulder harnesses, and child restraint systems: When, where, and under what conditions it is necessary to fasten passenger safety

belt s and, if installed, shoulder harness es ;

d. The placement of seat backs in an upright position before takeoff a nd 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#pa ge=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

pro cedures 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 unde r 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 approa c h procedure;

c. Pilot must add 100 feet and 1⁄2 mile to all instrument approach minimums;6

d. Pilot must add 50 percent to pilot operating handb ook (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/Limit ation 1 1 (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

a ssistance of another person to exit the aircraft if an emergency occ urs, 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 f ollowing 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 s afety 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 tr aining 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 ha ndling special equipment;7

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 pilo t 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 pro ficient on all of the elements in the AF/AH/MM initial pilot training program described in Condition/Limitation No. 1 3

.

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. 1 2 ) and the initial and recurrent pilot ground training program (Condition/Limitation Nos. 1 3 and 1 4 ) 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 co nduct 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 accor dance with this exemption.

The Effect of Our Decision

The expiration date of this exemption is October 3 1

, 2018 , unless sooner superseded or

rescinded.

Sincerely,

/s/ John Barbagallo Deputy Director, Flight Standards Service