AFS-12-359-E September 5, 2012

Exemption No. 10621 Regulatory Docket No. FAA-2012-0516

Mr. Joseph DeMarco Wings Flights of Hope, Inc. 25 West Royal Hill Drive Orchard Park, NY 14127

Dear Mr. DeMarco:

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 letter dated April 30, 2012, you petitioned the Federal Aviation Administration (FAA) on behalf of Wings Flights of Hope, Inc. (Wings), 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 Wings 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 Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Wings.

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption Nos. 10009 and 10019 (copies 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 believes 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 proposed limitations on the flights that in some cases were more stringent than those requirements found in the FAA’s air operator regulations in part 135.2

Having reviewed your reasons for requesting an exemption, I find that—

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption Nos. 10009A and 10019A;

 the reasons stated by the FAA for granting the enclosed Grant of Exemption Nos. 10009A and 10019A also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Wings Flights of Hope, Inc., an exemption from 14 CFR § 61.113(c) to the extent necessary to allow Wings to reimburse its volunteer pilots for fuel costs incurred in conducting charitable flights, subject to the conditions and
limitations described below.

FAA has revised the conditions and limitations of these exemptions to clarify our original content and to further refine our requirements. Please note the following changes:

Condition/Limitation 3(h) requires an instrument pr oficiency check or flight review within the previous 12 calendar months. This condition/limitation gives the FAA assurance that annual proficiency checking and testing (required in Condition/Limitation 8) will include a review of the basic requirements in §§ 61.56 or 61.57.

Condition/Limitation 7 requires that Wings develop and implement an initial and recurrent ground training program based on the requirements of § 135.345. We made this change from previous exemptions because we feel these ground training themes (for air-taxi operations) are most comparable to the operations proposed in your petition.

Condition/Limitation 11 clarifies that the exemption applies only to flights in the United States airspace.

Condition/Limitation 14 requires that Wings a preflight risk assessment tool, replacing the Pilot Go/No-Go Checklist. We made this change because we feel the preflight risk assessment tool offers a more effective evaluation of the pilots’ readiness for flight.

Conditions and Limitations

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

2. Wings must ensure the following items are available to any representative of the FAA Administrator, upon request:3

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 Wings 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;

v. Amount of fuel reimbursement.

e. All the documentation required under Condition No. 2 must be maintained by Wings 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 experience:

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

b. For operating 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 operating any multiengine aircraft, a minimum total time of 1,000 hours as PIC in any aircraft, a minimum of 250 hours in multiengine aircraft, and a minimum of 50 hours in the make and model of multiengine aircraft being flown;

d. For operating 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;4

f. A minimum 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 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. Instrument currency (per § 61.57(c) or (d), as appropriate) in the same aircraft category, class, and type (if a type rating is required) being flown;

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 flight duty, rest, and flight time limitations:

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 excess 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 aircraft); 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 under this grant of exemption and that the operator is not an 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: 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;5

e. Location and means for normal and emergency egress;

f. Location 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 aircraft if an emergency occurs, 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. Wings must develop and implement an initial and recurrent ground training program that contains all the requirements of § 135.345 except those are not specifically applicable to Wings’ operations.

8. Recurrent training is required for all pilots operating 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 Wings’ initial pilot training program, and;

b. Testing to determine each pilot’s aeronautical knowledge, proficiency with the aircraft, and the limitations of this exemption.

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

10. All maintenance conducted on aircraft operated under this exemption must be performed by an FAA-certificated mechanic, re pairman, or repair station. The aircraft engine, propeller, and all components must be overhauled prior to reaching the airframe, engine, or propeller manufacturer’s recommended time between overhaul.

11. This exemption applies to flights conducted within domestic U.S. airspace. Wings may exercise the relief in this exemption for overflights within the territory and airspace of a foreign country only with the specific permission of the foreign civil aviation authority.

12. Wings 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 Internal Revenue Code.

13. 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 acceptance of a visual approach clearance from air traffic control;6

b. For flights in instrument meteorological conditions (IMC), each pilot may only use airports that have a functioning, published, precision approach procedure;

c. Pilots must add 100 feet to all instrument approach minimums;

d. All circling approaches at night are prohibited;

e. Pilots must add 50 percent to pilot operating handbook runway length performance for obstacle clearance on takeoff and landing under ambient conditions;

f. For IMC takeoff minimums, the pilot must use 150 percent approach landing minimums. (Example: Baltimore-Washington International Airport minimums 200/1/2, then the takeoff minimums will be at least 300 feet and 3/4 statute mile visibility);

g. The pilot must ensure that all passengers are restrained by FAA-approved seat belts or FAA-approved child safety seat at all times during the flight. The only exception shall be change of seat positions, quick access to luggage, care and/or feeding of 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. Wings must develop and implement a preflight risk assessment tool for use by the PIC for all flights operated under this exemption. 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 exemption. The completed tool must be retained by Wings 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 terminates on September 30, 2014, unless sooner superseded or rescinded.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards
Service

Enclosure