AFS-13-141-E 

January 30, 2013 

 Exemption No. 10513A 

 Regulatory Docket No. FAA-2011-1070 

Mr. Alan M. Hoffberg 

Board Secretary/Director 

Angel Flight Southeast, Inc., and 

Mercy Flight Southeast 

8864 Airport Boulevard 

Leesburg, FL 34788 

Dear Mr. Hoffberg: 

This letter is to inform you that we have amended Exemption No. 10513. It explains the basis 

for our decision, describes its effect, and lists revised conditions and limitations. 

The Basis for Our Decision 

On April 19, 2012, the Federal Aviation Administration (FAA) issued Exemption No. 10513 

to Angel Flight Southeast, Inc. and Mercy Flight Southeast, Inc. (AFSE/MFSE). That 

exemption from § 61.113(c) of Title 14, Code of Federal Regulations (14 CFR) allows 

AFSE/MFSE to reimburse its volunteer pilots for fuel costs incurred while conducting 

charitable flights. 

Our Decision 

The FAA has made some updates to the conditions and limitations of Exemption No. 10513 

that clarify our original content and 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 match those contained in 

grants of exemption issued to similarly situated organizations. 
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In this amendment, we updated Condition/Limitation 3(h) to require an instrument 

proficiency check or flight review within the previous 12 calendar months. This 

condition/limitation gives the FAA assurance that annual proficiency checking and testing 

(required in Condition/Limitation 8) will include a review of the basic requirements in 

§§61.56 or 61.57. 

Condition/Limitation 7 (topics for the required initial pilot training program) has been 

modified to remove some redundant topics that are already covered in private pilot practical 

test standards and in required § 61.57 flight reviews. 

Condition/Limitation 15 requires a transition to a preflight risk assessment tool, replacing the 

Pilot Go/No-Go Checklist. We made this change because we feel the preflight risk 

assessment tool offers a more effective evaluation of the pilots’ readiness for flight. We are 

providing 12 months to complete this transition. 

Condition/Limitation 16 requires a transition to an initial and recurrent ground training 

program based on the requirements of § 135.345. We made this change because we feel these 

ground training themes (for air-taxi operations) are more comparable to your operation. We 

are providing 12 months to complete this transition. 

Under the authority contained in 49 U.S.C. §§ 40113 and 44701, which the FAA 

Administrator has delegated to me, I hereby grant Angel Flight Southeast, Inc. and Mercy 

Flight Southeast, 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. The privileges of this exemption are limited to flights directly operated by 

AFSE/MFSE only. Operations where the AFSE/MFSE clients are not onboard for the 

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

exemption. 

2. AFSE/MFSE must ensure the following items are available to any representative of 

the FAA Administrator, upon request: 

a. A detailed description of AFSE/MFSE’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 AFSE/MFSE 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 
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currency requirements established by AFSE/MFSE , 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; 

v. Amount of fuel reimbursement. 

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

AFSE/MFSE 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; 

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 multiengine 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 

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

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

i. A current flight review (per § 61.56(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 flight 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; 

b. No pilot may perform a duty day in excess of 12 consecutive hours. (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); 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 that 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 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 normal 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 

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

flight in the same aircraft. 

7. AFSE/MFSE must establish an initial pilot training program that includes the 

following elements. All pilots must complete this training program prior to 

conducting flights under this grant of exemption. 

a. Risk and hazard identification with special emphasis on loss of control during 

critical phases of flight and controlled flight into terrain. 

b. Accident trends for general aviation aircraft. 

c. Flight planning and aeronautical decision-making: 

i. Improper pre-flight planning. 

ii. Insufficient fuel reserves. 

iii. Aircraft systems. 

iv. Improper operation of fuel system. 

v. Fuel contamination. 

vi. Improper fueling. 

vii. Weather and continued visual flight rules into instrument 

meteorological conditions. 

viii. Descending below minimum descent altitude on approach. 

ix. Mountainous terrain. 

x. Icing. 

d. Other factors -- 

i. Single pilot IFR. 

ii. Night operations at unfamiliar airports. 

iii. Mission mentality. 

iv. Pressure to complete flight operations. 

v. Distractions. 

vi. Missed approach/go around. 

vii. Incomplete/stale weather briefings. 

viii. Communications processes, decisions, and coordination, to include 

communication with air traffic control and passengers. 

ix. Workload and time management. 

x. Situational awareness. 
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xi. Effects of fatigue on performance, avoidance strategies and 

countermeasures. 

xii. Effects of stress and stress reduction strategies. 

8. Recurrent 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 the AFSE/MFSE initial pilot training program, and; 

b. Testing to determine each pilot’s aeronautical knowledge, proficiency with the 

aircraft, and 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 

performed 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 overhaul. 

11. This exemption applies to flights conducted within domestic United States airspace. 

AFSE/MFSE may exercise this relief for overflights within the territory and airspace 

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

authority. 

12. AFSE/MFSE must continue to hold a determination from the U.S. Internal Revenue 

Service that it is a § 501(c)(3) nonprofit, tax-exempt, charitable organization under 

§§ 509(a)(1) and 170(b)(1)(a)(vi) of the Internal 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 100 feet to all instrument approach minimums; 

d. All circling approaches at night are prohibited; 

e. Pilots must add 50 percent to pilot operating handbook (POH) 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. (Example: Baltimore-Washington International Airport minimums 

200/1/2, then the takeoff minimums will be at least 300 feet and 3/4 statute 

mile visibility); 
 7

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

belts or 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 child, or use of lavatory; 

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

under § 135.100; 

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

14. Pilots must use the AFSE/MFSE Go/No-Go checklist, patient, passenger, pilot release 

forms, and post-flight report. The completed checklist must be transmitted to 

AFSE/MFSE prior to conducting a flight under this exemption. The completed 

checklist must be retained by AFSE/MFSE for a minimum of three days. The Go/NoGo checklist will consist of at least the following information: 

Pilot Go/No-Go Checklist 

 EXCELLENT OK MARGINAL POOR

Pilot

Physical health □ □ □ □

Mental health □ □ □ □

Prepared/Confident □ □ □ □

Well rested □ □ □ □

Aircraft

Maintenance □ □ □ □

Fuel reserve □ □ □ □

Pre-flight □ □ □ □

 

Equipment sufficient for the □ □ □ □

 flight conditions 

Weight and balance Takeoff weight/CG_____________________ 

 Landing weight/CG_____________________ 

Weather

Current & WX Forecast □ □ □ □

 Conditions 
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Departure □ □ □ □

Destination □ □ □ □

Return □ □ □ □

Explain if Marginal or Poor: 

_____________________________________________________________________ 

_____________________________________________________________________ 

_____________________________________________________________________ 

_____________________________________________________________________ 

Other 

 YES NO

Child safety seat ___ ___ 

 

Passengers briefed ___ ___ 

 

Pre-departure weather briefing ___ ___ 

 

Release forms signed ___ ___ 

 

Flight # ____________________________________ 

Pilot Signature ____________________________________ 

Date ____________________________________ 

15. AFSE/MFSE must develop and implement a preflight risk assessment tool to 

supplement or replace the Go/No-Go checklist within 12 calendar months of the date 

of issue of this exemption. Once implemented, use of the preflight risk assessment 

tool will supersede the requirements of Condition No. 14. The tool must be completed 

by the PIC before each flight and must be transmitted to AFSE/MFSE prior to takeoff 

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

AFSE/MFSE 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/inFO07015.pdf. 
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16. Within 12 calendar months of the date of issue of this exemption. AFSE/MFSE must 

develop and implement an initial and recurrent ground training program that contains 

the requirements of § 135.345 that are applicable to the AFSE/MFSE operations. This 

program will supplement or replace the requirements of Condition No. 7. Once 

implemented, use of the new initial and recurrent training program will supersede the 

requirements of Condition No. 7. 

17. AFSE/MFSE must ensure that the latest version of its preflight risk assessment tool 

(Condition No. 15) and the initial/recurrent ground training program (Condition No. 7 

and 16) are 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. These two documents must be clearly labeled to 

identify the most current version.

The Effect of Our Decision 

The termination date remains April 30, 2014, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John M. Allen 

Director, Flight Standards Service