2014 Board of Directors 

David Knies - Chairman 

Bruce Bromberg- Vice Chairman 

Bruce Bromberg- Treasurer 

jonathan Steiner- Secretary 

Michael Coviello - Director 

john Petrucco- Director 

Henrique Rodriguez- Director 

Tom Powers- Chairman Emeritus 

MISSION HOTLINE 

(800) 276-0300 

WEB SITE 

www.VitalFlight.org 

www.VitalFlightKidsDay.org 

Wednesday, May 28, 2014 

Federal Aviation Administration 

800 Independence Ave., S.W. 

Room 821 

Washington, DC 20591 

Attn: John S. Duncan, Director, Flight Standards Service 

II : l 0 

Re: Exemption No. 10648 (Docket No. FAA-2012-081 1); Petition for Exemption, § 61.113(c) 

ofTitle 14, Code ofFederal Regulations (14 CFR) 

Mr. Duncan: 

Our organization is a state and federally registered 501(c)3 not-for-profit charity. We 

coordinate free air transportation for the needy. Many people refer to what we do as "flights 

of mercy," "angel flights," or "compassion flights." 

On July 24, 2012, we petitioned your office for an exemption from § 61.113( c) of Title 14, 

Code ofFederal Regulations (14 CFR). The requested exemption was granted in your Jetter, 

dated October 18, 2012. I am writing today to request that the exemption we were granted be 

updated and superseded with the more favorable language that was granted to Angel Flight 

New England [AFNE} on March 28, 2014 under exemption number 10360B (Docket FAA2011-0840.) Your letter to AFNE, dated March 28, 2014 specifies all of the adjustments 

made; of which we are now requesting the same be made to our exemption. 

As my previous request stated: "The exemption, if granted, would allow us to reimburse our 

volunteer pilots for the cost of fuel when flying charitable flights. Fuel costs have been on a 

steady rise for nearly a decade. The pilots who volunteer to fly for us have been voicing their 

concerns about this cost eventually reaching a prohibitive level. It is our hope that an 

exemption would allow us to use money donated, specifically for mission fuel, to relieve that 

burden for participant pilots. It is our belief that it would lead to more pilots flying more 

charitable flights. Since we coordinate missions for all those in need, as well as specific 

programs at the VA Medical Center in West Palm Beach, the exemption would certainly 

benefit the public, as well as the volunteer pilots. " 

The flight standards that we currently require of volunteer pilots meet and/or exceed the 

standards set in the exemptions previously issued. When reviewing the exemptions previously 

issued, safety is actually improved through more recurrent training, higher approach 

minimums, and educational courses. Accordingly, there is no safety downside. 

If Federal Register publication is deemed necessary, we are requesting an exemption on behalf 

of our member pilots from § 61 .113( c) of Title 14, Code of Federal Regulations ( 14 CFR). 

The exemption, if granted, would allow us to reimburse val unteer pilots for the cost of fuel 

when flying charitable flights. 

I can be contacted by mail at: PO Box I 767, Pompano Beach, FL 33061 ; by facsimile at: 

(205) 278-1490; by telephone at: (256) 658-7475; or by email at: david@vitalflight.org. 

P.O. Box 1767, Pompano Beach, Florida 33061 

"Our Passion is Flying .... Our Mission- Helping People" 
Chairman 

Vital Flight, Inc. 

Enclosures (2) 

Cc: Docket Management Facility, US Department of Transportation 

P.O. Box 1767, Pompano Beach, Florida 33061 

"Our Passion is Flying .... Our Mission- Helping People" 
US Deportment 

of Transportation 

Federal Aviation 

Administration 

October 18, 2012 

Mr. David M. Knies 

Chairman 

Vital Flight, Inc. 

P.O. Box 1767, 

Pompano Beach, FL 33061 

Dear Mr. Knies: 

Exemption No. 1 0648 

800 Independence Ave .. S W 

Washington. 0 C 2059 1 

Regulatory Docket No. FAA-2012-0811 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains the basis for that decision, and gives you the conditions and limitations of 

the exemption, including its end date. 

The Basis for Our Decision 

By letter dated July 24,2012, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Vital Flight, Inc. (Vital Flight), a§ 501(c)(3) charitable organization, for an 

exemption from§ 6l.ll3(c) Title 14, Code ofFederal Regulations (14 CFR). That exemption, 

if granted, would allow Vital Flight to reimburse its volunteer pilots for fuel costs incurred 

while conducting charitable flights. 

The FAA has detennined 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. 

The FAA has issued grants of exemption in circtm1stances similar in all material respects to 

those presented in your petition. In Grant ofExemption Nos. 10019A and 10621 (see 

enclosed), the FAA found that when money is exchanged for transportation, the public 

expects, and the FAA has a duty to demand, a higher level of safety for the flying public. The 

FAA believes that by requiring the petitioners to comply with the conditions and limitations of 

this exemption, the FAA can ensure a higher level of safety for the individuals participating in 

these charitable t1ights. The E'AA noted that the petitioners had proposed limitations on the 

AFS-12-478-E 
-----------·--·· I 

2 

flights that in some cases were more stringent than those requirements found in the FAA's air 

operator regulations in part 135. 

Having reviewed your reasons for requesting an exemption, we find that: 

• they are similar in all material respects to relief previously requested in the enclosed 

Grant of Exemption Nos. 10019A and 10621; 

• the reasons stated by the FAA for granting the enclosed Grant of Exemption Nos. 

1 0019 A and 10621 also apply to the situation you present; and 

• a grant of exemption is in the public interest. 

Our Decision 

Under the authority contained by 49 U.S.C. 40113 and 44701, which the FAA Administrator 

has delegated to me, I hereby grant Vital Flight Inc., an exemption from 14 CFR § 61 .113( c) 

to the extent necessary to allow Vital Flight to reimburse its volunteer pilots for fuel costs 

incurred in conducting charitable flights, subject to the conditions and limitations described 

below. 

Conditions and Limitations 

1. The privileges of this exemption are limited to flights directly operated by Vital Flight 

only. Operations where Vital Flight clients are not onboard for the purpose of 

obtaining medical care may not be operated under the terms of this exemption. 

2. 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 ofF AA 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, pa1t 61, and all conditions 

and limitations of this exemption; and 

d. Documentation of each flight and reimbursement containing the following 

information, at a minimum: 

1. Name and certificate number of the PIC; 

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

iii. Name of all occupants ofthe airplane excluding the PIC; 
iv. Date and time of departure and arrival; 

v. Amount of fuel reimbursement. 

e. All the documentation required under Condition No.2 must be maintained by 

Vital Flight for a minimum of 24 calendar months. 

3. All pilots operating under the terms of this exemption must possess the following 

certificates, qualifications, and aeronautical experience: 

a. An instrument rating or privilege (instrument privilege relates to the airline 

transport pilot certificate) that is appropriate to the aircraft being flown; 

b. For operating any single-engine piston aircraft, a minimum total time of 500 

hours, with no less than 400 hours as PIC, and a minimum of 50 hours in the 

make and model of single-engine aircraft being flown; 

3 

c. For operating any multiengine aircraft, a minimum total time of 1,000 hours as 

PIC in any aircraft, a minimum of 250 hours in multiengine aircraft, and a 

minimum of 50 hours in the make and model of multi engine aircraft being 

flown; 

d. For operating any single- or multiengine turbine-powered aircraft, a minimum 

total time of 1,000 hours as PIC, a minimum of 100 hours in turbine-powered 

aircraft, and a minimum of 50 hours in the make and model of turbine-powered 

aircraft being flown ; 

e. A minimum of 50 hours as PIC shall have been logged within the preceding 

12 calendar months immediately preceding the month of the flight; 

f. A minimum of 12 hours logged, or 2 hours of flight training with a certificated 

f1ight instructor, within the preceding 3 calendar months prior to the month of 

the flight; 

g. A 2nd class medical certificate (per §§ 61.23 and 61.2); 

h. Within the preceding 12 calendar months, an instrument proficiency check 

(IPC) meeting the requirements of§ 61.57(d), or a flight review meeting the 

requirements found in§ 61.56(a). The IPC or flight review must consist of at 

least 1 hour of flight training and 1 hour of ground training. This requirement 

can be substituted by an FAA practical test for any pilot certificate or rating. 

1. A current flight review (per§ 6l.56(a)) in the same aircraft category, class, and 

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

J. Instrument currency (per§ 61.57(c) or (d), as appropriate) in the same aircraft 

category, class, and type (if a type rating is required) being flown; 
--------------------

k. For all operations under this exemption the pilot must be current for night 

operations (per§ 61.57 (b)) in an aircraft of the same category, class, and type 

(if a type rating is required). 

4. All operations under this exemption must be in compliance with the following flight 

duty, rest, and ±1ight time limitations: 

a. No pilot may fly more than 8 hours of pilot time (per§ 61.1) within any 24-

consecutive-hour duty day period; 

4 

b. No pilot may perform a duty day in excess of'12 consecutive hours (A duty day 

stmts 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); 

and 

c. In the 24 hours preceding any flight under this exemption, the pilot must have 

had a rest period of at least 12 hours. 

5. Prior to each takeoff, the PIC must ensure that all passengers have been briefed on the 

following: 

a. The flight is operated under this grant of exemption and the operator is not an 

FAA-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 for a passenger to have his or 

her safety belt and, if installed, his or her shoulder harness fastened; 

d. The placement of seat backs in an upright position before takeoff and landing; 

e. Location and means for n01mal and emergency egress; 

f. Location of survival equipment; 

g. Use of normal and emergency oxygen, if installed; and 

h. Location and operation of fire extinguishers. 

6. Prior to each takeoff, the PIC must ensure that the patient, who may need the 

assistm1ce of another person to exit the aircraft in case of emergency, has received a 

briefing as to the procedures to be followed if an evacuation occurs. This paragraph 

does not apply to a person who has been given a briefing before a previous leg of a 

flight in the same aircraft. 

7. Vital Flight must develop and implement an initial and recurrent ground training 

program that contains all the requirements of§ 135.345 except those that are not 

specifically applicable to Vital Flight's operations. 
8. Recunent training is required for all pilots operating under the terms of this 

exemption. The annual recurrent training program must include: 

a. Verification that each pilot is adequately trained, current, and proficient on all 

of the elements in Vital Flight's initial pilot training program; and 

5 

b. Testing to determine each pilot's aeronautical knowledge, proficiency -vvith the 

aircraft, and knowledge of the limitations of this exemption. 

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

certificate. 

10. All maintenance conducted on aircraft operated under this exemption must be 

perfonned by an FAA-certificated mechanic, repairman, or repair station. The aircraft 

engine, propeller, and all components must be overhauled prior to reaching the 

airframe, engine, or propeller manufacturer's recommended time between overhauls. 

11. This exemption applies to flights conducted within U.S. airspace. Vital Flight may 

exercise the relief in this exemption for overflights within the territory and airspace of 

a foreign country only with the specific permission of the foreign civil aviation 

authority. 

12. Vital Flight must continue to hold a determination from the U.S. Internal Revenue 

Service that it is a§ 50l(c)(3) nonprofit, tax-exempt, charitable organization under 

§§ 509(a)(l) and 170(b)(l)(a)(vi) of the Intemal Revenue Code. 

13 . 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 acceptance of a visual approach 

clearance from air traffic control; 

b. For flights in instrument meteorological conditions (IMC), each pilot may only 

use airports that have a functioning, published, precision approach procedure; 

c. Pilots must add 1 00 feet to all instrument approach minimums; 

d. All circling approaches at night are prohibited; 

e. Pilots must add 50 percent to pilot operating handbook runway length 

performance for obstacle clearance on takeoff and landing under ambient 

conditions; 

f. For IMC takeoff minimums, the pilot must use 150 percent approach landing 

minimums (Exan1ple: Baltimore-Washington International Airp01t minimums 

are 200/112, then the takeoff minimums will be at least 300 feet and 3/4 statute 

mile visibility); 

' 

g. Pilots must ensure that all passengers are restrained by FAA-approved seat 

belts or a FAA -approved child safety seat at all times during the flight. The 
------------------------------------- ·----

only exception shall be change of seat positions, quick access to luggage, care 

and/or feeding of a child, or use of lavatory; 

h. Pilots will utilize and brief passengers on sterile cockpit procedures as defined 

under§ 135.100; 

1. Pilots will document their weight and balance calculation prior to each flight. 

6 

14. Vital Flight must develop and implement a preflight risk assessment tool for use by th~ 

PIC for all flights operated under this exemption. 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 three days. A sample risk assessment tool is available at FAA 

Information for Operators (InFO) 07015: 

http://www.faa.gov/other_visit/aviation_industry/airline_operators/airline_safety/info/ 

all_infos/media/2007/inF007015.pdf. · 

This exemption terminates on October 31 , 2014, unless sooner superseded or rescinded. 

Sincerely, 

J. 

John S. Dunca n 

Flight Sta ndards Service 
US Department 

of Transportation 

Federal Aviation 

Administration 

March 28, 2014 

Mr. Larry Camerlin 

President 

Angel Flight/New England 

492 Sutton Street 

North Andover, MA 01845 

Dear Mr. Carmerlin: 

Exemption No. 10360B 

800 Independence Ave . SW 

Washington. D C 2059< 

Regulatory Docket No. FAA-2011-0840 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By your correspondence dated November 13, 2013, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Angel Flight of New England, Inc. (AF/NE), for an 

exemption from§ 61.113(c) of Title 14, Code ofFederal Regulations (14 CFR) to the extent 

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

conducting charitable flights. 

In your petition, you indicate that there has 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 AF /NE. 

In the previously granted extension, Exemption 1 0360A, the FAA mentioned that we are in the 

process of updating the conditions and limitations for this exemption to reflect FAA's policy for 

charitable medical flights. To ensure continuity of AF/NE operations, the FAA extended 

Exemption No. I 0360 for a limited period of 6 months so that the FAA could complete its review 

AFS-14-044-E 
2 

and update of the applicable conditions and limitations. This exemption, I 03608, is issued by the 

FAA to AF/NE as an extension with the revised conditions and limitations to Exemption 10360. 

Our Decision 

The FAA has determined that since AF/NE is not an operator, an exemption from§ 61.113(c) 

ofTitle 14, Code ofFederal Regulations (14 CFR) may be granted to AF/NE on behalfofthe 

pilot conducting charitable medical flights. The exemption allows AF/NE to reimburse its 

volunteer pilots for fuel costs incurred while conducting a charitable flight. 

The FAA has made updates to the conditions and limitations ofExemption No. 10360 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 previous Condition/ Limitation No.2 is moved to No. 17 and has been clarified to 

include the inspection of records in addition to the inspection of pilots and aircraft. 

In this extension, Condition/Limitation No. 2 is added to ensure AF/NE continues to hold its 

§ 501(c)(3) nonprofit, tax-exempt, charitable organization status described under 

§§ 509(a)(l) and 170(b)(l)(a)(vi) ofthe Internal Revenue Code. 

Condition No.3 establishes documentation requirements including evidence of pilot 

qualifications, training, and experience and a record of each flight and the reimbursement 

provided to the pilot. AF /NE must ensure that the listed items are available to any 

representative of the FAA upon request and must be maintained for 24 months. 

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). 

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. 
The previous Condition/Limitation No.6, which required AF/NE 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. 

3 

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

sample briefing instruction document. 

Condition/Limitation No.7 is added in order for AF/NE to comply with Public Law 112-95, 

Section 821 ( a)(2). 

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. 

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. 

Condition/Limitation 10, is adjusted for clarification and standardization with similarly 

granted exemptions. In addition, Condition/Limitation 1 O(a) is adjusted to clarify when an 

IFR flight plan may be cancelled. The previous Condition/Limitations No. 1 0( d) has been 

removed to allow for a circling approach based on IPC requirements found in 4(f). 

Condition/limitation 1 0( e) has been adjusted for conformance with approach landing 

minimums described in 1 0( c). 

Additional requirements are added into Condition/Limitation No. 11, 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. AF/NE is now required to retain completed risk 

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

Condition/Limitation No. 13, previously No. 7, is amended to require AF/NE's recurrent 

training program to contain the elements of AF/NE's initial pilot training program. 

Condition/Limitation No. 14 was added to ensure AF/NE has an FAA accepted risk 

assessment tool and initial/recurrent ground training program. 

Condition/Limitation No. 15 is added to require AF/NE keep a copy of the most recent 

aircraft annual inspection for each aircraft eligible to operate under this exemption. 
4 

The FAA has determined that the justification for the issuance of Exemption No. 10360 

remains valid with respect to this exemption and is in the public interest. Under the authority 

contained in 49 U.S.C. §§ 106(£) 40113 and 44701 , which the FAA Administrator has 

delegated to me, I hereby grant of Angel Flight ofNew England, 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 

I. This exemption may be exercised only for charitable medical flights. Operations where 

AF/NE clients are not onboard for the purpose of obtaining medical care may not be 

conducted under the terms of this exemption. 

2. AF /NE 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. 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 ofpi1ot 

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 ofF AA 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 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 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 No. 3 must be maintained by 

AF /NE 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 -

5 

a. An instrument rating or A TP 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 A TP 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; 

1. 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): 
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; 

6 

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. 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 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 4 3, or other inspection programs approved by the FAA. 
10. All pilots operating under this exemption must comply with the following 

requirements: 

7 

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 1 00 feet and Yz 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 200/112, 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 § 13 5.1 00. 

11. 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: 

a. FAA Information for Operators (InFO) 07015: 

http://www. faa. gov I other_ visit/ aviation_ industry I airline_ operators/ airli 

ne _safety /info/ all_ infos/media/2007 /info07 0 15. pdf. 

b. 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 /NE' 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. AF/NE must develop and implement an initial ground training program that includes 

the following: 

a. AF /NE 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 !FR. 

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 ofthe elements in the AF/NE 

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

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14. 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. 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/ A W A/FAA. 

15. AF /NE 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. 

1 7. 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. 
The Effect of Our Decision 

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

supersedes Exemption No. 10360A. 

Sincerely, 

Is/ 

John S. Duncan 

Director, Flight Standards Service 

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