AFS-14-304-E 

September 24, 2014 

 Exemption No. 10648A 

 Regulatory Docket No. FAA-2012-0811 

Mr. David M. Knies 

Chairman 

Vital Flight, Inc. 

P.O. Box 1767 

Pompana Beach, FL 

Dear Mr. Knies: 

This letter is to inform you that we have granted your petition to extend and amend 

Exemption No. 10648. It explains its basis for our decision, describes its effect, and lists the 

revised conditions and limitations. 

The Basis for Our Decision 

By your correspondence dated May 28, 2014, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Vital Flight, Inc. (Vital Flight), for an extension and 

amendment to Exemption No. 10648 as amended. That exemption from § 61.113(c) of Title 

14 Code of Federal Regulations (14 CFR) allows Vital Flight to reimbursement its volunteer 

pilots for fuel costs incurred in conducting charitable flights. 

In your petition, you indicate that there have been no changes in 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 exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to Vital Flight. 

Our Decision 

The FAA has determined that since Vital Flight is not an operator, an exemption from 

§61.113(c) of Title 14 Code of Federal Regulations (14 CFR) may be granted to Vital Flight 

on behalf of the pilot conducting charitable medical flights. The exemption allows Vital 
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Flight to reimburse its volunteer pilots for fuel costs incurred while conducting a charitable 

flight. 

The FAA has made updates to the conditions and limitations of Exemption No. 10648 that 

clarify our original content to refine our requirements. While the relief does not change 

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

limitations. These new conditions and limitations are based upon Public Law 112-95, Section 

821 (a) (2), feedback from the charitable medical flight industry, and the resulting FAA 

review of the conditions and limitations associated with relief of this type. The following is a 

summary description of the revised conditions and limitations: 

1. A new Condition/Limitation No. 2, previously No. 12, is adjusted to ensure Vital 

Flight continues to hold its § 501(c)(3) nonprofit, tax-exempt, charitable organization 

status described under §§ 509(a)(1) and 170(b)(1)(a)(vi) of the Internal Revenue 

Code. 

2. Condition/Limitation No. 4, previously No. 3, is updated for clarity. The former 

provisions that specified certain minimum total aeronautical experience have been 

combined into Condition/Limitation 4(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 single-engine 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 specific make and model, as well 

as the requirements for recent experience found in Condition/Limitation 4(c) and 4(d). 

3. Condition/Limitation 4(f) 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. 

4. The Condition/Limitation No. 6, previously No. 5, is updated with a website link to an 

FAA sample briefing instruction document. 

5. Condition/Limitation No.7 is added in order for Vital Flight to comply with Public 

Law 112-95, Section 821 (a)(2). 

6. The previous Condition/Limitation No.7, which required Vital Flight to establish an 

initial pilot training program, has been moved to Condition/Limitation No. 12 and has 

been adjusted to reflect appropriate training for charitable medical flight operations. 
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7. Condition/Limitation No. 9, is 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. 

8. Condition/Limitation No. 9 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 it is not practical for the owner/operator to 

conduct an engine, propeller, or component overhaul at the manufacturer’s 

recommended interval. The FAA has amended the Condition/Limitation to reflect 

more appropriate maintenance requirements for the operations conducted under this 

exemption. 

9. Condition/Limitation 10, previously No.13, is adjusted for clarification and 

standardization with similarly granted exemptions. In addition, Condition/Limitation 

10(a) is adjusted to clarify when an IFR flight plan may be cancelled. The previous 

Condition/Limitations No. 13(d) has been removed to allow for a circling approach 

based on instrument proficiency check (IPC) requirements found in 4(f). 

Condition/limitation 10(e) has been adjusted for conformance with approach landing 

minimums described in 10(c). 

10. Additional requirements are added into Condition/Limitation No. 11, previously No. 

14, for clarification and to ensure that the risk assessment tool adequately provides a 

maximum risk value for the pilot to know whether to cancel or postpone a flight. Vital 

Flight is now required to retain completed risk assessment tools for a minimum of 30 

days instead of three days. 

11. Condition/Limitation No. 13, previously No. 8, is amended to require Vital Flight’s 

recurrent training program to contain the elements of Vital Flight’s initial pilot 

training program. 

12. Condition/Limitation No. 14 is added to ensure Vital Flight has an FAA accepted risk 

assessment tool and initial/recurrent ground training program. 

13. Condition/Limitation No. 15 is added to require Vital Flight keep a copy of the most 

recent aircraft annual inspection for each aircraft eligible to operate under this 

exemption. 

14. Condition/Limitation No. 16, previously No. 11, is adjusted to require all flights 

operating under this exemption to remain within domestic United States airspace. 
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15. Condition/Limitation No. 17 is added ensure that, at any time or place, the FAA can 

conduct inspection of the pilot(s) and aircraft being flown in accordance with this 

exemption. 

The FAA has determined that the justification for the issuance of Exemption No. 10648 

remains valid with respect to this exemption and is in the public interest. 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 of Vital Flight, Inc., an exemption from 14 CFR § 61.113(c) 

to the extent 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. This exemption may be exercised only for charitable medical flights. Operations where 

Vital Flight clients are not onboard for the purpose of obtaining medical care may not be 

conducted under the terms of this exemption. 

2. Vital Flight must: 

a. meet the requirements described in section 501(c)(3) of the Internal Revenue 

Code of 1986 and be exempt from taxation under section 501(a) of such Code; 

and, 

b. be organized for the primary purpose of providing, arranging, or otherwise 

fostering charitable medical transportation. 

3. Vital Flight must ensure the following items are available to any representative of the 

FAA Administrator, upon request: 

a. A detailed description of Vital Flight’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 Vital Flight 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 flight 

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

currency requirements established by Vital Flight, 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 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; 
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iv. Date and time of departure and arrival; and 

v. Amount of the fuel reimbursement. 

e. All the documentation required under Condition No. 3 must be maintained by 

Vital Flight for a minimum of 24 calendar months. 

4. 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). 

5. 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 of the aircraft): 
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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 another flight. 

6. 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 have his or her safety belt 

and, if installed, his or her shoulder harness fastened about him or her; 

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 my found at 

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

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

7. Vital Flight 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 charitable medical flight. 

8. Each aircraft operated under this exemption must have a standard airworthiness 

certificate. 

9. 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. 

10. All pilots operating under this exemption must comply with the following 

requirements: 
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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 10 (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; 

and 

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

defined under § 135.100. 

11. Vital Flight 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 Vital 

Flight prior to takeoff for any flight operated under this exemption. The completed 

tool must be retained by Vital Flight for a minimum of 30 days. Vital Flight 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: 

a. 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. 

b. The AOPA Flight Risk Evaluator: (http://flash.aopa.org/asf/flightrisk/) 
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The FAA recognizes that any sample tool should be modified to adequately address 

the risk for general aviation aircraft and Vital Flight’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. 

12. Vital Flight must develop and implement an initial ground training program that 

includes the following: 

a. Vital Flight 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. 

13. Recurrent training is required for all pilots operating under the terms of 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 Vital 

Flight initial pilot training program described in Condition/Limitation No. 12. 

14. Vital Flight may not exercise the privileges of this exemption unless Vital Flight 

receives verification indicating acceptance of the Vital Flight risk assessment tool 

(Condition/Limitation No. 11) and the initial and recurrent ground training program 

(Condition/Limitation Nos. 12 and 13) 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/AWA/FAA. 

15. Vital Flight must maintain a copy of the most recent annual inspection of any aircraft 

used to conduct flights under this exemption. 

16. All flights must remain within domestic United States airspace. 

17. 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. It 

supersedes Exemption No. 10648. 

Sincerely, 

/s/ 

Michael J. Zenkovich 

Deputy Director, Flight Standards Service