AFS-14-361-E

October 31, 2014

 Exemption No. 10009C

 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 extended and amended Exemption No. 10009, as 

amended. It explains the basis for our decision, describes its effect, and lists the revised 

conditions and limitations.

The Basis for Our Decision

By correspondence entered into the Federal Docket on July 2, 2014, you petitioned the 

Federal Aviation Administration (FAA) on behalf of Angel Flight Mid-Atlantic, Airlift Hope 

America, and Mercy Medical Airlift (AF/AH/MM), all § 501(c)(3) charitable organizations, 

for an extension and amendment of Exemption No. 10009, as amended. 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 while conducting charitable flights. 

In your correspondence, you requested changes to Exemption No. 10009, as amended. 

Specifically, you requested that the FAA (1) apply the identical conditions and limitations in 

Exemption No. 10360B (Angel Flight/New England), except that Condition/Limitation Nos. 1 

and 15 be removed, and (2) extend the current relief which covers only flights on which 

AF/AH/MM clients are transported for medical treatment to include flights to pick up clients 

and flight to return to the pilot’s home base.. 

The FAA updates and modifies conditions and limitations of its exemptions as they are 

issued, and the conditions and limitations of Exemption No. 10009, as amended, have been 
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updated as requested. The conditions and limitations are now similar to those of Exemption 

No. 10360B, with the changes in reference to Exemption No. 10009 explained below. 

In your petition, you requested the FAA modify the conditions and limitations to allow up to 

two additional flight legs associated with the transport of the client. The FAA recognizes that 

a client may refer to an individual or organ(s). The additional legs would be to allow to the 

pilot to depart the home base in order to pick up the client, as well as to return to the home 

base after transporting the client. The FAA finds that these legs are a necessary and integral 

part of the charitable medical flight operation, and has amended this exemption in order to 

allow for AF/AH/MM to reimburse the pilot for fuel costs during these flights.

The FAA expects that the fuel reimbursement will only be provided for those flights that are 

in fact associated with the pick and drop-off of the client. Therefore, the FAA finds it 

necessary to add Condition/Limitation Nos. 1 and 2 in order to define flights permitted under 

this exemption. Condition/Limitation No. 1 adds the definition of a Charitable Medical Flight 

(CMF) and a Volunteer Pilot Organization (VPO) as adopted from Section 821 of Public Law 

112-95. Condition and Limitation No. 2 requires operations conducted under this exemption 

to be consistent with these definitions. 

Previous Condition/Limitation No. 1 has been modified and is now Condition/Limitation No. 

3. The purpose for modifying this condition and limitation was for consistency with 

Condition/Limitation Nos. 1 and 2, and to include repositioning flights. The FAA expects that 

these repositioning flights will occur to and from the aircraft’s home base (i.e., where the 

aircraft is normally secured), and will be the most direct routing that is practical given 

airspace, weather, etc. The FAA also expects that for every flight that transports a client, there 

would be the potential for two additional repositioning flights, consisting of a flight from the 

home base to the client and a flight back to the home base following client drop-off. However, 

the FAA has not defined a maximum number of flights in Conditions/Limitations No. 3 in 

order to not preclude the pilot from landing at an intermediate location if necessary for 

weather or other unanticipated conditions.

Previous Condition/Limitation No. 2 is now Condition/Limitation No. 4 which requires 

AF/AH/MM to ensure the proper documentation is maintained and made available upon 

request to any representative of the FAA.

Previous Condition/Limitation No. 3 is now Condition/Limitation No. 5 and has been 

modified. The former provisions that specified certain minimum total aeronautical experience 

have been combined into Condition/Limitation 5(b). Based on feedback from industry, the 

FAA no longer believes that there needs to be higher total times for either multiengine 

operations or for turbine powered aircraft. Therefore, the previous Condition/Limitations 3(c) 

and 3(d) have been removed. The FAA believes that time previously established in singleengine piston aircraft is sufficient for all aircraft types. The reduction in hours for the 

multiengine and turbine aircraft is found acceptable due to the requirement for 50 hours in the 
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specific make and model (found in Condition/Limitation 5(b)), as well as the requirements for 

recent experience (found in Condition/Limitations 5(c) and 5(d)).

Condition/Limitation 5(f) (previously Condition 3(h)) is updated to require an instrument 

proficiency check within the previous 12 calendar months. This condition and limitation gives 

the FAA assurance that the annual proficiency checking and testing will include a review of 

the basic requirements in § 61.57.

Previous Condition/Limitation No. 4 is now Condition/Limitation No. 6 which describes the 

flight duty, rest, and flight time limitations while operating under this exemption.

Previous Condition/Limitation No. 5 is now Condition/Limitation No. 7 and has been 

adjusted to reflect appropriate training for charitable medical flight operations. Also, 

Condition/Limitation No. 7 was updated with a website link to an FAA sample briefing 

instruction document.

Previous Condition/Limitation No. 6, which describes briefing requirements for certain 

patients, has been clarified and placed into Condition/Limitation No. 11(f).

Condition/Limitation No. 8 has been added for consistency with Public Law 112-95, Section 

821(a)(2).

Condition/Limitation No. 10 has been amended to remove the requirement that all 

maintenance must be performed by a certificated mechanic, repairman, or repair station. This 

amendment is in response to feedback from the charitable medical flight industry. The FAA 

finds that it would be acceptable for a pilot who meets the criteria of § 43.3(g) to perform 

preventative maintenance (described in Appendix A to part 43) on an aircraft covered under 

this exemption.

Condition/Limitation No. 10 is also amended to remove the specific requirement for engine, 

propeller, and component overhaul requirements. The FAA recognizes the volunteer nature of 

these operations and that it may not be practical for the owner/operator to conduct an engine, 

propeller, or component overhaul at the manufacturer’s recommended interval. The FAA has 

amended this condition and limitation to reflect more appropriate maintenance requirements 

for the operations conducted under this exemption.

Previous Condition/Limitation No.13 is now Condition/Limitation No. 11 and has been

adjusted for clarification and standardization with similarly granted exemptions. In addition, 

Condition/Limitation 11(a) is adjusted to clarify when an IFR flight plan may be cancelled. 

The previous Condition/Limitations No. 11(d) has been removed to allow for a circling 

approach based on IPC requirements found in 5(f). Condition/Limitation 11(e) has been 

adjusted for conformance with approach landing minimums described in 11(c).
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Previous Condition/Limitation No. 12 has been absorbed into Condition/Limitation No. 1 for 

consistency with Public Law 112-95 Section 821(c).

Previous Condition/Limitation No. 14 is now Condition/Limitation No. 12 and has been 

modified to require a risk assessment tool that is more appropriate for a CMF operation. 

AF/AH/MM is now required to identify a risk value that, if exceeded, would require a pilot to 

cancel or postpone a flight. Further, AF/AH/MM is now required to retain completed risk 

assessment tools for a minimum of 30 days instead of three days.

The previous Condition/Limitation No.7, which required AF/AH/MM to establish an initial 

pilot training program, has been moved to Condition/Limitation No. 13 and has been adjusted 

to reflect appropriate training for CMF operations.

Previous Condition/Limitation No. 8 is now Condition/Limitation No. 14 has been amended 

to require AF/AH/MM’s recurrent training program to contain the elements of AF/AH/MM’s 

initial pilot training program.

Previous Condition/Limitation Nos. 15 and 16 have been amended and combined into 

Condition/Limitation No. 15. Condition/Limitation No. 15 requires that AF/AH/MM receives 

FAA acceptance for its risk assessment tool (required by Condition/Limitation No. 12) and its 

initial and recurrent ground training programs (required by Condition/Limitation Nos. 13 and 

14).

Previous Condition/Limitation No. 11 is now Condition/Limitation No. 17 and is modified for 

consistency with similarly granted exemptions.

Condition/Limitation No. 18 was added for consistency with similarity granted exemptions 

and allows the FAA to conduct inspections of the pilots, aircraft, or records associated with 

this exemption. 

You requested that Condition/Limitation No.15 as found in Exemption No. 10360B not be 

included in this exemption. That condition and limitation is listed as Condition/Limitation No. 

16 in this exemption. The FAA finds that the requirement in Condition/Limitation No. 16 is 

justified, and compliance is not unreasonably complicated or expensive. We find it is 

appropriate for AF/AH/MM to obtain objective evidence that the aircraft engaged in 

operations under its exemption comply with the basic airworthiness requirement of § 91.409. 

The FAA notes that this record, and other records required to be kept under this exemption, 

may be transmitted and maintained electronically.

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 
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necessary to allow for reimbursement of its volunteer pilots for fuel costs incurred in 

conducting charitable flights, subject to the following revised conditions and limitations.

Conditions and Limitations 

1. Definitions:

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): An 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; 

ii. is organized for the primary purpose of providing, arranging, or 

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 CFM 

includes flights that are intended to reposition the aircraft to the client pick-up 

location, as well as reposition the aircraft following the client drop-off. Repositioning 

flights must be from the aircraft home base to and from the point of client pickup/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 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 AF/AH/MM 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 CMF

under this exemption, he/she meets all minimum standards and appropriate 

currency requirements established by AF/AH/MM, 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 pilot certificate number of the PIC;

ii. Name and identifier of the departure and arrival airports;
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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;

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(d)(2)(i) and 61.2); 

f. 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 Practical Test Standards. This 

requirement can be substituted by a FAA practical test for an ATP certificate or 

instrument rating. 

g. A current flight review (per § 61.56(a)) in the same aircraft category, class, and 

type (if a type rating is required) being flown; 

h. Meets the recent flight experience requirements of § 61.57(c) or (d), as 

appropriate, 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 (per § 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 pilot arrives at the 
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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 ensure that all occupants have been orally briefed 

on the following:

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 safety belts, shoulder harnesses, and child restraint systems: When, 

where, and under what conditions it is necessary to fasten passenger safety 

belts and, if installed, shoulder harnesses;

d. The placement of seat backs in an upright position before takeoff and 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 instruction document can be found at 

https://www.faasafety.gov/files/gslac/library/documents/2007/Jan/14082/6.5%20Passe

nger%20Safety%20Briefing%20JanFeb07.pdf.

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 

procedures 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 under 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. 
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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 approach procedure;

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

d. Pilot must add 50 percent to pilot operating handbook (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/Limitation 11 (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 

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; 

g. Pilots will utilize and brief passengers that a 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 tools are available from the following sources:

i. FAA Information for Operators (InFO) 07015: 

http://www.faa.gov/other_visit/aviation_industry/airline_operators/airli

ne_safety/info/all_infos/media/2007/info07015.pdf.

ii. The AOPA Flight Risk Evaluator: (http://flash.aopa.org/asf/flightrisk/)

The FAA recognizes that any sample tool should be modified to adequately address 

the risk for general aviation aircraft and AF/AH/MM’s specific operation. As an 

example, the sample risk assessment scores icings when it is moderate to severe. 

However, for general aviation aircraft, known icing conditions of any value should be 

grounds for cancellation of a flight or postponement. The FAA recommends that the 

probability of icing should receive a risk value score. 
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13. AF/AH/MM must develop and implement an initial ground training program that 

includes the following:

a. AF/AH/MM flight locating procedures;

b. Principles and methods for determining weight and balance, and runway 

limitations for takeoff and landings:

c. Normal and emergency communication procedures:

d. Completion of the online AOPA Foundation Air Safety Institute Course: 

Public Benefit Flying: Balancing Safety and Compassion; and,

e. Completion of the online AOPA Foundation Air Safety Institute Course: 

Single Pilot IFR.

f. Informing the pilot of where a copy of this exemption can be located and 

requiring the pilot 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 proficient on all of the elements in the AF/AH/MM initial pilot 

training program described in Condition/Limitation No. 13.

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. 12) and the initial and recurrent ground training program 

(Condition/Limitation Nos. 13 and 14) 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 conduct 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 accordance with this exemption.
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The Effect of Our Decision

This exemption terminates on October 31, 2016, unless sooner superseded or rescinded.

Sincerely,

/s/

John Barbagallo

Acting Deputy Director, Flight Standards Service