AFS-15-1828-E 

August 25, 2015 

 Exemption No. 12627 

 Regulatory Docket No. FAA-2015-1709 

Mr. Jesus Pereira 

Vet Air, Inc. 

82 Nonotuck Street 

Holyoke, MA 01040 

Dear Mr. Pereira: 

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 petition posted to the Federal docket on May 19, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Vet Air, Inc. (Vet Air) for an exemption from § 61.113(c) 

of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow Vet Air to 

reimburse its volunteer pilots for fuel costs incurred while conducting charitable flights. 

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 Vet Air. 

The FAA has issued a grant of exemption in circumstances similar in all material respects to 

those presented in your petition. In Grant of Exemption No. 10009, as amended, and 10019, 

as amended, (copies enclosed), the FAA found that the humanitarian efforts of these pilots 

who volunteer their time and piloting services are commendable, and the FAA wants to 

encourage this kind of volunteerism and public service for the common good of our citizens. 

The FAA has also 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 petitioner to comply with the conditions and limitations of this 
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exemption, the FAA can ensure a higher level of safety for the individuals participating in 

these charitable flights. 

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

 They are similar in all material respects to relief previously requested in the enclosed 

Grants of Exemption No. 10009, as amended, and 10019, as amended; 

 The reasons stated by the FAA for granting the enclosed Grants of Exemption No. 10009, 

as amended, and 10019, as amended, also apply to the situation you present; and 

 For the reasons stated in Grants of Exemption No. 10009, as amended, and 10019, as 

amended, a grant of exemption to Vet Air is in the public interest. 

Our Decision 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701 

delegated to me by the Administrator, I grant Vet Air, Inc. (Vet Air) an exemption from 

14 CFR § 61.113(c) to the extent necessary to allow Vet Air to reimburse its volunteer pilots 

for fuel costs incurred while conducting charitable flights, subject to the conditions and 

limitations described below. 

Conditions and Limitations 

1. The following definitions apply for the purposes of this exemption: 

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. 

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; and 

ii. is organized for the primary purpose of providing, arranging, or 

otherwise fostering charitable medical transportation. 

2. Before exercising the privileges of this exemption, Vet Air must ensure it meets the 

definition of a VPO and that the flight meets the definition of a CMF, as specified in 

Condition/Limitation No. 1. Vet Air must receive a determination by the Internal 

Revenue Service (IRS) that the organization meets the requirements for 501(c)(3) taxexempt status before exercising the privileges of this exemption. 

3. This exemption may be exercised only for CMFs conducted by Vet Air. 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. 
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4. Vet Air must ensure the following items are available to any representative of the 

FAA Administrator, upon request: 

a. A detailed description of Vet Air’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 Vet Air 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 Vet Air, 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 Vet Air 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 Airline Transport Pilot (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 
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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/Limitation No. (5)(g), the pilot must meet 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; 

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; 
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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. Vet Air 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. Each pilot must add 100 feet and 1⁄2 mile to all instrument approach minimums; 

d. Each 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, each 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 

International Airport minimums are 200/1/2, then the takeoff minimums will 

be at least 300 feet and 1 statute-mile visibility); 
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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. Each pilot will utilize and brief passengers about sterile cockpit procedures as 

defined under § 135.100. 

12. Vet Air 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 Vet Air prior to 

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

retained by Vet Air for a minimum of 30 days. Vet Air 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 Vet Air’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. Vet Air 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. 
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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 Vet Air initial pilot 

training program described in Condition/Limitation No. 13. 

15. Vet Air may not exercise the privileges of this exemption unless Vet Air receives 

verification indicating acceptance of the Vet Air 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. Vet Air 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. The privileges of this exemption may be exercised only for flights within the District 

of Columbia, the 48 contiguous United States, its territories, and the states of Alaska 

and Hawaii. This exemption is not valid for operations in airspace outside of the 

United States, or in an intrastate operation that involves flight through international 

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. 

The Effect of Our Decision 

This exemption terminates on August 31, 2017, unless sooner superseded or rescinded. 

Sincerely, 

//s// 

John Barbagallo 

Deputy Director, Flight Standards Service 

Enclosure 

Exemption Nos. 10009 and 10019