UNITED STATES DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

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In the Matter of the Petition of :

 :

ANGEL FLIGHT SOUTHEAST, INC., and :

MERCY FLIGHT SOUTHEAST, INC. :

 :

For an Exemption from § 61.113(c) :

Of Title 14 Code of Federal Regulations :

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PETITION FOR EXEMPTION FOR REIMBURSEMENT OF FUEL COSTS

FOR VOLUNTEER PILOTS CONDUCTING CHARITABLE FLIGHTS

Summary of Petition

Angel Flight Southeast, Inc. and Mercy Flight Southeast, Inc.

(hereinafter "AFSE/MFSE") are not-for-profit volunteer pilot

organizations ("VPO") with approval from the Internal Revenue Service

as a charitable organization pursuant to Internal Revenue Code ("IRC")

Section 501(c)(3). The primary purpose of AFSE/MFSE is to serve

children, adults and humanitarian organizations by arranging free air 

transportation to be provided by others for access to health care and 

for other humanitarian purposes.

AFSE/MFSE hereby petitions for an exemption from the provision of 

the regulations in Title 14 of the Code of Federal Regulations

§61.113(c) which currently does not allow the reimbursement of 

volunteer pilots for fuel costs incurred by them in conducting 

charitable flights transporting patients to or from distant 

specialized medical evaluation, diagnostic services, or treatment.

AFSE/MFSE believes it is in the public's interest to allow AFSE/MFSE

to reimburse volunteer pilots for part or all of the fuel costs 

incurred on such charitable flights.

REASONS FOR REQUESTING THE EXEMPTION

Section 61.113(c) provides that:

"A private pilot may not pay less than the pro rata share 

of the operating expenses of a flight with passengers, 

provided the expenses involve only fuel, oil, airport 

expenditures or rental fees."

Rising fuel costs and a weakened economy over the past four years 

have made it increasingly difficult for some volunteer pilots to 

afford the expense necessary in conducting charitable missions. The 

clear effect of regulations in the current economy, with higher fuel 

costs and aircraft expenses, has been a decline in pilot 

participation. These circumstances have also made it difficult for 

volunteer pilot organizations when recruiting new pilots, to make up 

for the fewer missions each of their existing pilots is flying. 
We believe the requested exemption is in the public's interest,

since without the requested exemption, many patients in financial need 

will not be able to get essential medical care, sometimes of a 

lifesaving nature.

AFSE/MFSE believes that a targeted exemption, such as the ones

granted to Angel Flight Mid-Atlantic (Exemption No. 10009-A, 

Regulatory Docket No. FAA-2009-0702), and Patient Airlift Services, 

Inc. (Exemption No. 10294, Regulatory Docket No. FAA-2011-0324), will 

help stop the decline in volunteer pilot hours resulting from the high 

cost of aviation fuel, and at the same time enhance aviation safety in

charitable medical flights.

AFSE/MFSE CHARITABLE FLIGHTS

Flights arranged by AFSE/MFSE are dedicated to charitable 

purposes with a demonstrable public benefit. Examples of charitable 

flights by AFSE/MFSE include, but are not limited to the transport of 

patients and escorts to distant specialized medical facilities or 

places of care and rehabilitation. A AFSE/MFSE pilot must note in his 

or her flight log the charitable purpose of the flight.

No payments of any kind are ever made to any AFSE/MFSE volunteer 

pilots, to AFSE/MFSE, or to any other party or entity for the conduct 

of the flights facilitated by AFSE/MFSE.

AFSE/MFSE PROCEDURES

1. AFSE/MFSE has put in place a highly structured and documented 

pilot registration process which includes an annual renewal 

requirement and ensures that only qualified pilots are registered 

and oriented prior to undertaking any charitable flights.

2. AFSE/MFSE maintains on file documentation authenticating 

registered pilots' experience, ratings, insurance, FAA physical 

certifications, etc.

3. For each flight, AFSE/MFSE registers the pilot's assertion that 

he or she meets all minimum standards with appropriate currency 

requirements, and will conduct the flight in accordance with 

applicable Federal Aviation Regulations.

4. A file of all flight records can be made available to the FAA for 

viewing at AFSE/MFSE' headquarters. AFSE/MFSE intends to maintain 

records for a minimum of seven (7) years. If this petition is 

granted, reimbursement records for each flight will likewise be 

maintained for seven (7) years.

5. AFSE/MFSE is prepared to provide periodic validation to the FAA 

of its compliance with the terms of any exemption with proper 

documentation in summary form in compliance with the above 

procedures. The periodic validation information would include the 

number of charitable flights accomplished in the previous period,
the number of volunteer pilots receiving any reimbursement during 

the validation period, and the total amount of reimbursements

provided.

THE PUBLIC INTEREST IN GRANTING THE REOUESTED EXEMPTION

Up until recently, the full cost of charitable flights has rested 

with the volunteer pilots. A significant portion of the cost borne by 

the pilots is for fuel. Those costs can be calculated and quantified 

very carefully on the basis of recorded flight times, nominal burn

rates and average retail fuel costs. If AFSE/MFSE were able to

reimburse its pilots for the fuel component of the charitable flights,

such would help dramatically increase the level of volunteer pilot 

participation and thereby increase patient access to flights. This

would directly benefit unmet need by the public.

IMPROVED SAFETY

The exemption granted by the FAA to Angel Flight Mid-Atlantic in 

Exemption No. 10009-A and Patient Airlift Services in Exemption No. 

10294 both increase the experience level of volunteer pilots, augment 

a culture of safety, and increase documentation of pilot compliance as 

well as VPO compliance with safety mandates. By granting the requested 

exemption to AFSE/MFSE, the FAA will promote its safety and regulatory 

objectives through another volunteer pilot organization.

Respectfully submitted,

ANGEL FLIGHT SOUTHEAST, INC., and

MERCY FLIGHT SOUTHEAST, INC.

By: _______________________________________

Alan M. Hoffberg, Board Secretary/Director

8864 Airport Boulevard 

Leesburg, FL 34788

Contact information - Alan M. Hoffberg:

(888) 666-7750 – voice/fax

alan@irmusa.com