AFS-10-319-E Nov 9 2010 Exemption No. 6771G Regulatory Docket No. FAA-2001-9874

Colonel Rafael A. Robles

General Counsel

Civil Air Patrol

105 South Hansell Street Maxwell Air Force Base, AL 36112-6332

Dear Colonel Robles:

This letter is to inform you that we have granted your petition to amend Exemption No. 6771, as amended. It explains the basis for our decision and describes its effect.

The Basis for Our Decision

By letter dated June 4, 2010, you petitioned the Federal Aviation Administration (FAA) on behalf of Civil Air Patrol (CAP) for an amendment to Exemption No. 6771, as amended. The amendment you requested included clarification regarding United States Air Force (USAF)- assigned missions to the CAP and included a reference to the CAP/Air Force Junior Reserve Officer’s Training Corps (AFJROTC) cadet orientation program, revised CAP document

reference.

After our review of your request, the FAA has amended Exemption No. 6771, as amended, regarding references to AFJROTC and the CAP documents. However, concerning your request for clarification of USAF-assigned mi ssions, the exemption provides for CAP flight or flight series missions assigned to the CAP by USAF when the CAP is acting as an instrument of the United States (i.e., as an organization that serves a public purpose on behalf of the United States) and is within the scope of its defined purpose under Title 36 of the United States Code. This includes, but is not limited to, the permitted reimbursement of expenses to a pilot when conducting search and location operations, disaster relief operations, aerospace education for youth and the general public, cadet programs, homeland security and courier service missions. To that end, we have also revised condition No. 1.2

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested amendment to the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to CAP.

Our Decision

The FAA has determined that the justification for the amendment of Exemption No. 6771, as amended, remains valid with respect to this exemption and is in the public interest. This exemption includes relief from Title 14 Code of Federal Regulations (14 CFR) § 61.113 to the extent as allowed by the conditions and limitations section of this exemption. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I grant your petition for amendment to Exemption No. 6771, as amended, subject to the conditions and limitations below.

Conditions and Limitations

1. This exemption only applies to a flight or series of flights directly related to USAFassigned missions or missions assigned by the USAF in accordance with a memorandum of understanding with a United States Government agency and is within the CAP’s purpose as defined within Title 36 of the United States Code, part B, chapter 403,

section 40302. This includes CAP/AFJROTC orientation.

2. CAP members who hold private pilot certificates and provide an aircraft for use in CAP missions listed in condition No. 1 may be reimbursed for aircraft operating expenses directly related to the mission at a fixed rate in accordance with CAP Regulation 173–3, as amended.

3. CAP members who hold private pilot certificates and operate a CAP-owned aircraft for use in CAP missions listed in condition No. 1 may be reimbursed for aircraft operating expenses directly related to the mission. These operating expenses are limited to fuel, oil, supplemental oxygen, fluids, lubricants, servicing, and

maintenance of the aircraft.

4. CAP members who hold private pilot certificates may be reimbursed for non-aircraft operating expenses directly related to CAP missions listed in condition No. 1. These expenses are limited to preheating, deicing, and airport expenses.

5. CAP members who hold private pilot certificates may, if operational considerations require an overnight stay away from the pilot’s home base and while on a CAP mission listed in condition No. 1, receive per diem expenses up to the rate listed in CAP Regulation 173–3, as amended.

6. The CAP will inform the Administrator of any changes to CAP regulations that may have an effect on this exemption at least 30 days before the change.3

7. Only the following personnel are permitted to be aboard an aircraft operated under this exemption:

a. Pilot crewmembers who are officially authorized by the CAP;

b. CAP members;

c. Members of the U.S. armed services; and

d. Government employees or personnel who are officially authorized by the CAP to aid in the performance of the approved flight activity, including CAP or AFJROTC cadets during cadet orientation flights.

8. Cadet orientation flights will be conducted in accordance with CAP documents CAPF 5; CAPP 52-7 (Cadet Orientation Fli ght Syllabus); CAPR 52–16 (Cadet Program Management); CAP Regulation 60–1 (CAP Flight Management), as amended; and all other applicable CAP regulations, manuals, forms, and policies.

9. Each CAP member operating under this exemption must meet the experience, training, and testing requirements in CAP Manual CAPP 52–16; CAP Regulation 60–1, as amended; and 14 CFR part 61.

10. The CAP must maintain a current record of each pilot operating under this exemption. The record must include at least the following:

a. Name of the pilot;

b. Facsimile of the person’s pilot and medical certificates;

c. Make and model of each aircraft;

d. USAF mission number;

e. Itinerary and total time of each flight; and

f. A purchase receipt with an itemized listing of all reimbursable costs incurred while performing under the conditions and limitations of this exemption. The pilot logbook is not acceptable for this record.

11. The records required under condition No. 10 must be retained by the CAP for at least 1 year and must be presented to the Administrator upon request.4

12. The CAP must ensure its supervisory personnel, its member pilots, and any other personnel who participate or are aboard any aircraft operated under this exemption are familiar with the provisions contained in this exemption.

The Effect of Our Decision

Our decision maintains the termination date of Exemption No. 6771, as amended, to May 31, 2012 unless sooner superseded or rescinded. This letter must be attached to, and is a part of, Exemption No. 6771.

Sincerely,

/s/

John M. Allen Director, Flight Standards Service