AFS-15-597-E

June 11, 2015

 Exemption No. 10360C

 Regulatory Docket No. FAA-2011-0840

Mr. Larry Camerlin

President

Angel Flight/New England

492 Sutton Street

North Andover, MA 01845

Dear Mr. Camerlin:

This letter is to inform you that we have granted your request to amend Exemption No. 10360,

as amended. It transmits our decision, explains its basis, and gives you the revised conditions 

and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By correspondence dated February 13, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Angel Flight/New England (AF/NE), a 

26 U.S.C. § 501(c)(3) charitable organization, for an amendment to Exemption No. 10360, as 

amended, for an exemption from § 61.113(c) of Title 14, Code of Federal Regulations 

(14 CFR) to the extent necessary to allow its volunteer pilots to be reimbursed for fuel costs 

incurred while conducting charitable flights.

In your petition, you asked the FAA to amend the conditions and limitations in AF/NE

Exemption No. 10360B, to match those granted to Angel Flight Mid Atlantic (AF/MA) in 

Exemption No. 10009C. 

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 AF/NE.

The conditions and limitations of Exemption No. 10360, as amended, have been updated and 

are now similar to those of Exemption No. 10009C. While the relief does not change 

substantially, all users of the exemption should thoroughly review the revised conditions and 

limitations.
2

Condition and Limitation Nos. 1 and 2 have been amended to define the flights permitted 

under this exemption. Condition and Limitation No. 1 adds the definition of a Charitable 

Medical Flight (CMF) and a Volunteer Pilot Organization (VPO) to conform to Public Law 

112-95, Section 821. Condition and Limitation No. 2 requires operations conducted under 

this exemption to be consistent with these definitions.

The previous Condition and Limitation No. 1 has been modified and is now Condition and 

Limitation No. 3. The purpose for modifying this condition and limitation was for consistency 

with the amended Condition and 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 and Limitations No. 3 in order to not preclude the pilot from landing at an 

intermediate location if necessary for weather or other unanticipated conditions.

With the addition of new Condition and Limitation Nos. 1, 2 and 3, previous Condition and 

Limitations Nos. 3 through 17 are now Condition and Limitations Nos. 4 through 18, 

respectively.

Condition and Limitation No. 5 has been modified for clarity. In addition to meeting the 

instrument currency requirements of § 61.57(c) specified in Condition and Limitation

No. 5(h), Condition and Limitation No. 5(g) has been modified to clarify the requirements for 

an instrument proficiency check (IPC) within the previous 12 calendar months. Condition and 

Limitation No. 5(g) gives the FAA assurance that the annual proficiency checking and testing 

will include a review of the basic requirements in § 61.57. For the purpose of complying with 

this condition and limitation, pilots operating under this exemption may not substitute the IPC 

for meeting the currency requirements of § 61.57(c).

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 New England (AF/NE) an 

exemption from 14 CFR § 61.113 to allow its volunteer pilots to be reimbursed for fuel costs 

incurred while conducting charitable flights subject to the Conditions and Limitations below.

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.
3

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/NE 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/NE. A CMF

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/NE must ensure the following items are available to any representative of the FAA 

Administrator, upon request:

a. A detailed description of AF/NE’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/NE 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/NE, 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;

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. 4 must be 

maintained by AF/NE 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;
4

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(a)(2)(ii) and 61.2); 

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

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

g. 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. 

h. In addition to meeting the IPC requirement of § 61.57(d) as specified in 

Condition and Limitation No. (5)(g), meets the recent flight experience 

requirements of § 61.57(c), 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 

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;
5

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 document can be found in the July/August 2014 edition of 

the FAA Safety Briefing Magazine, located online at: 

http://www.faa.gov/news/safety_briefing/2014/media/JulAug2014.pdf#page=26

8. AF/NE 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. 

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 No. 11 (c) (Example: If the Baltimore-Washington 
6

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, have

received a briefing as to the procedures to be followed if an evacuation occurs; 

g. Pilots will utilize and brief passengers about sterile cockpit procedures as 

defined under § 135.100.

12. AF/NE 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/NE prior to 

takeoff for any flight operated under this exemption. The completed tool must be 

retained by AF/NE for a minimum of 30 days. AF/NE 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 used to assess any potential safety risk 

during preflight planning should be modified to adequately address the risk for general 

aviation aircraft and AF/NE’s specific operation. As an example, the sample Flight 

Risk Assessment Tool as outlined in InFo 07015, scores icing as a risk value of 5,

when it is moderate to severe. However, for most general aviation aircraft, known 

icing conditions of any value should be considered grounds for cancellation or

postponement of a flight.

13. AF/NE must develop and implement an initial pilot ground training program that 

includes the following:

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

limitations for takeoff and landings:

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

Public Benefit Flying: Balancing Safety and Compassion;

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

Single Pilot IFR; and

d. 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/NE initial 

pilot training program described in Condition/Limitation No. 13.
7

15. AF/NE may not exercise the privileges of this exemption unless AF/NE receives 

verification indicating acceptance of the AF/NE risk assessment tool 

(Condition/Limitation No. 12) and the initial and recurrent pilot 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/NE 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.

This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

//s//

Michael J. Zenkovich

Deputy Director, Flight Standards Service