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 E xemption 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, 201 5 , you petitioned the Federal Aviation Administration (FA A ) on behalf of Angel Flight/New England ( AF/ NE )

, a 26 U.S.C. § 501(c)(3) charitable organization

, for an amendment to E xemption No. 10360, as

amended , for an exempt ion from § 61.113(c) of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow its volunteer pilots to be reimburse d for fuel costs

incurred while conducting charitable flights

.

In your petition, you asked the FAA to amend the c onditions 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 Regi ster 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 Ex emption 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 un der this exemption to be consistent with these definitions.

The p revious 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 amend ed 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 ro uting 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 L imitation No s . 1 , 2 and 3, previous C ondition and

Limitations Nos. 3 th r ough 1 7 are now Condition and Limitations Nos. 4 through 1 8, respectively

.

Condition and Limitation No. 5 h as 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 prof iciency check (IPC) within the previous 12 calendar months. C ondition and

L imitation 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 complyin g with

this condition and l imitation, pilots operating under this exemption may not substitute the IPC for meeting th e 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

Admi nistrator 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 C onditions and L imita tions 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 h as 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 f or 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

fli ghts must be from the aircraft home base to and from the point of client pick

up/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 d escription 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 ex perience, 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 es tablished 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 identif ier 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 Cond ition/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 withi n 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 f light 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)(i i ) and 61.2);

f. A current flight review (per § 61.56(a)) in the same aircra ft 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 Ra ting 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), m eets th e 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 ni ght 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, th e 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 a llowed;

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 briefin g 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 f light. 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 airc raft 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 op erating 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 fl ights in instrument meteorological conditions (IMC), each pilot may only use airports that have a functioning, published, precision approa c h procedure;

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

d. Pilot must add 50 percent to pi lot 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

- Washington6

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 patie nts who may need the assistance of another person to exit the aircraft if an emergency occurs, ha ve 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 co mpleted 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 availa ble 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/a sf/flightrisk/)

The FAA recognizes that any sample tool used to as sess 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 s ample F light

R isk A ssessment T ool 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 th e 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 indicati ng 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 ma y 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 aircr aft 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 3 0 , 201 7 , unless sooner superseded or rescinded.

Sincerely,

//s//

Michael J. Zenkovich Deputy Director, Flight Standards Service