AFS-16-12412-E 

July 27, 2016 

 Exemption No. 11037A 

 Regulatory Docket No. FAA-2001-9874 

Mr. Rafael A. Robles 

General Counsel 

Civil Air Patrol 

105 South Mansell Street Bld. 714 

Maxwell Air Force Base, AL 36112 

Dear Mr. Robles: 

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

11037. 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 May 4, 2016, you petitioned the Federal Aviation Administration (FAA) on 

behalf of the Civil Air Patrol (CAP) for an extension of Exemption No. 11037. That 

exemption from § 61.113(a) and (e) of Title 14, Code of Federal Regulations (14 CFR) allows 

CAP to reimburse CAP members exercising the privileges of a private pilot certificate for 

certain expenses incurred while serving on official United States Air Force (USAF)-assigned 

CAP missions. Additionally, that exemption permits certain CAP operations, including 

CAP/Air Force Reserve Officers’ Training Corps (AFROTC) and Air Force Junior Reserve 

Officers’ Training Corps (AFJROTC) cadet orientations. 

In your petition, you indicate that there has been no change to 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 the CAP. 
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The FAA has amended the conditions and limitations of Exemption No.11037 to clarify our 

original intent. While the relief does not change substantially, all users of the exemption 

should thoroughly review the revised conditions and limitations. 

In the previous Grant of Exemption No. 11037, the FAA erroneously referred to AFJROTC 

without the inclusion of AFROTC. In Condition and Limitation Nos. 1 and 9 of this 

exemption, the FAA has added AFROTC when referring to cadet orientations along with 

AFJROTC in order to align with the FAA’s original intent. 

Our Decision 

The FAA has determined that the justification for the issuance of Exemption No. 11037 

remains valid with respect to this exemption and is in the public interest. Therefore, under the 

authority provided by 49 U.S.C. §§ 106(f), 40113 and 44701, which the FAA Administrator 

has delegated to me, I grant the Civil Air Patrol (CAP) an exemption from 14 CFR 

§ 61.113(a) and (e) to allow CAP to reimburse CAP members exercising the privileges of a 

private pilot certificate for certain expenses incurred while serving on official United States 

Air Force (USAF)-assigned CAP missions, subject to the following conditions and 

limitations. Additionally, this exemption permits certain CAP operations, including 

CAP/AFROTC and AFJROTC cadet orientation, subject to the following conditions and 

limitations. 

Conditions and Limitations 

1. This exemption only applies to flights directly related to USAF-assigned missions or 

missions assigned by the USAF in accordance with memoranda of understanding with 

United States Government agencies and are within the CAP’s purpose as defined 

within Title 36 of the United States Code, part B, chapter 403, section 40302. The 

relief provided by this exemption includes flights operated by CAP for the purpose of 

CAP/AFROTC and AFJROTC orientation. 

2. CAP members acting as pilot in command (PIC) while operating CAP-sanctioned 

flights under the privileges of this exemption must hold a valid U.S. private, 

commercial, or airline transport pilot certificate with ratings and endorsements 

appropriate to the aircraft used for the flight. Reimbursement may not be provided to 

pilots exercising the privileges of a recreational or sport pilot certificate. 

3. This exemption provides relief to the extent that CAP pilots acting as PIC while 

operating CAP-sanctioned flights as described in Condition and Limitation No. 1 may 

be compensated by logging the flight time for the duration of that flight. 

4. CAP members exercising private pilot privileges and providing an aircraft for use in 

CAP missions listed in Condition and Limitation No. 1 may be reimbursed for aircraft 

operating expenses directly related to the mission at a fixed rate in accordance with 

CAP Regulation (CAPR) 173-3, as amended. 
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5. CAP members exercising private pilot privileges and operating a CAP-owned aircraft 

for use in CAP missions listed in Condition and Limitation No. 1 may be reimbursed 

for aircraft operating expenses directly related to the CAP mission. These operating 

expenses are limited to fuel, oil, supplemental oxygen, fluids, lubricants, servicing, 

and maintenance of the aircraft. 

6. CAP members exercising private pilot privileges may be reimbursed for non-air 

operating expenses directly related to CAP missions listed in Condition and Limitation 

No. 1. These expenses are limited to preheating, deicing, and airport expenses. 

7. CAP members exercising private pilot privileges may, if operational considerations 

require an overnight stay away from the pilot’s home base and while on a CAP 

mission identified in Condition and Limitation No. 1, receive per diem expenses up to 

the rate listed in CAPR 173-3, as amended. 

8. The CAP will inform the FAA’s General Aviation and Commercial Division of any 

changes to CAP regulations that could have an effect on this exemption at least 30 

days before the change takes effect, at the following address: Federal Aviation 

Administration, Airman Training and Certification Branch (AFS-810), 800 

Independence Ave. SW., Washington, DC 20591. 

9. 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 and meet the 

requirements of CAPR 60-1; 

b. CAP members; 

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

d. Non-flight-crewmembers officially authorized by the CAP under CAPR 60-1 

to aid in the performance of the approved flight activity, including CAP, 

AFROTC or AFJROTC cadets during orientation flights. 

10. All flights will be conducted in accordance with CAPR 60-1 (CAP Flight 

Management), as amended, and any other applicable CAP regulations, manuals, 

forms, and policies appropriate to the flight operations being conducted. 

11. In addition to the requirements of Condition and Limitation No. 10, all orientation 

flights must be conducted in accordance with CAP Pamphlet 52-7 (Cadet Orientation 

Flight Syllabus), as amended and CAPR 52-16 (Cadet Program Management), as 

amended. 
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12. Each CAP member operating under this exemption must meet the experience, training, 

and testing requirements in CAPR 52-16, as amended; CAPR 60-1, as amended; and 

part 61 of Title 14, Code of Federal Regulations. 

13. The CAP must maintain a record of each flight operating under this exemption. The 

record must be maintained by CAP for at least 12 calendar months from the date of the 

flight and must be presented to any representative of the FAA Administrator upon 

request. The pilot logbook is not acceptable for this record. The record must include 

the following information, at a minimum: 

a. USAF/CAP mission number, as applicable; 

b. Name of the PIC; 

c. Facsimile of the PIC’s pilot and medical certificates; 

d. Make, model, and registration number of each aircraft; 

e. Date, 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. 

14. 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. 
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The Effect of Our Decision

Our decision extends the termination date of Exemption No. 11037, as amended, to July 31, 

2018, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John Barbagallo 

Deputy Director, Flight Standards Service