UNITED STATES DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

---------------------------------------- + In the Matter of the Petition of : : ANGEL FLIGHT SOUTHEAST, INC. , and : MERCY FLIGHT SOUTHEAST, INC
. : : For an Exemption f rom § 61.113(c) : Of Title 14 Code of Federal Regulations :

---------------------------------------- +

**PETITION FOR EXEMPTION FOR REIMBURSEMENT OF FUEL COSTS FOR**  **VOLUNTEER PILOTS CONDUCTING CHARITABLE FLIGHTS**

**Summary of Petition** Angel Flight Southeast, Inc. and Mercy Flight Southeast, Inc. ( hereinafter " AFSE/MFSE " ) are not
- for

- pr o fit volunteer pilot organization s ("VPO") with approval from the Internal Revenue Service as a charitable organization pursuant to Internal Revenue Code ("IRC") Section 50 1(c)(3). The primary purpose of AFSE/MFSE is to serve children, adults and humanitarian organ i za tions by arranging free air transportation to be provided by others for access to health care and for othe r humanitarian purposes. AFSE/MFSE hereby petitions for an exemption from the provision of the regulations in Title 14 of the Code of Federal Regulations §61. 11 3(c) which currently does not allow the reimburseme nt of vo lunteer pilots for fuel costs incurred by them in conducting charitable flights transportin g patients to or from distant specialized medical evaluation, diagnostic services , or treatment. AFSE/MFSE believes it is in the public's interest to allow AFSE/MFSE to reimburse volunteer pilots for part or all of the fuel costs incurred on such charitable flights.
**REASONS FOR RE Q** **UESTING THE EXEMPTION** Section 61.113(c) provides that: "A private pilot may not pay less than the pro rata share of the operating expense s of a flight with passengers, provided the expenses involve only fuel, oil, airport expenditures or rental fees." Rising fuel costs and a weakened economy over the past four years have made it increasingly difficult for some volunteer pilots to afford t he expense necessary in conducting charitable missions. The clear effect of regulations in the current economy , with higher fuel costs and aircraft expenses, has been a decline in pilot p articipation . These circumstances have also made it difficult for vol unteer pilot organizations when recruiting new pilots, to make up for the fewer missions each of their existing pilots is flying.We believe the requested exemption is in the public's interest ,

since without the requested exemption, many patients in fin ancial need will not be able to get essential medical care , sometimes of a lifesaving nature. AFSE/MFSE believes that a targeted exemption, such as the one s granted to Angel Flight Mid

-Atlantic (Exemption No. 10009

-A, Regulatory Docket No. FAA

- 2009

- 0702) , and Patient Airlift Services, Inc. (Exemption No. 10294, Regulatory Docket No. FAA

- 2011

- 0324 ), will help stop the decline in volunteer pilot hours resulting from the high cost of aviation fuel, and at the same time enhance aviation safety in charitable medical flights. **AFSE/MFSE CHARITABLE FLIGHTS**  Flights arranged by AFSE/MFSE a r e dedicated to charitable purposes with a demonstrable public benefit. Examples of charitable flights by AFSE/MFSE include, but are not limited to the transport of patients and escorts to distant specialized medical facilities or places of care and rehabilitation. A AFSE/MFSE pilot must note in his or her flight log the charitable purpose of the flight. No payments of any kind are ever made to any AFSE/MFSE volunteer pilots, to AFSE/MFSE , or to any other party or entity for the conduct of the flights facilitated by AFSE/MFSE

. **AFSE/MFSE PROCEDURES**  1. AFSE/MFSE has put in place a highly structured and documented pilot registration process which includes an annual renewal requirement and ensures that only qualified pilots are registered and oriented prior to undertaking any charitable flights.
2. AFSE/MFSE maintains on file documentation authenticating registered pilots' experience, ratings , insurance, FAA physical certifications, etc.
3. For each flight , AFSE/MFSE registers the pilot's assertion that he or she meets all minimum standards with appropriate currency requirements, and will conduct the f light in accordance with applicable Federal Aviation Regulations.
4. A file of all flight rec ords can be made available to the FAA for viewing at AFSE/MFSE ' headquarters. AFSE/MFSE intends to maintain records for a minimum of seven (7) years. If this petition is granted , reimbursement records for each flight will likewise be maintained for seven ( 7) years.
5. AFSE/MFSE is prepared to provide periodic validation to the FAA of its compliance with the terms of any exemption with proper documentation in summary form in compliance with the above procedures. The periodic validation information would include the number of charitable flights accomplished in the previous period,the number of volunteer pilots receiving any reimbursement during

the validation period, and the total amount of reimbursements provided.
**THE PUBLIC INTEREST IN GRANTING THE REOUESTED EXEMPTION**  Up until recently, the full cost of charitable flights has rested with the volunteer pilots. A significant portion of the cost borne by the pilots is for fuel. Those costs can be calculated and quantified very carefully on the basis of recorded flight times, nominal burn rates and average retail fuel costs. If AFSE/MFSE were able to reimburse its pilots for the fuel component of the charitable f lights , such would help dramatically increase the level of volunteer pilot participation and thereby i ncrease patient access to flights. Th is would directly benefit unmet need by the public.
**IMPROVED SAFETY** The exemption granted by the FAA to Angel Flight Mid

-Atlantic in Exemption No. 10009

-A and Patient Airlift Services in Exemption No. 10294 both increa se the experience level of volunteer pilots , augment a culture of safety , and increase documentation of pilot compliance as well as VPO compliance with safety mandates. By granting the requested exemption to AFSE/MFSE , the FAA will promote its safety and r egulatory objectives through another volunteer pilot organization. Respectfully submitted, ANGEL FLIGHT SOUTHEAST, INC. , and MERCY FLIGHT SOUTHEAST, INC.
By: _______________________________________ Alan M. Hoffberg, Board Secretary/Director 8864 Airp ort Boulevard Leesburg, FL 34788 Contact information

- Alan M. Hoffberg: (888) 666

- 7750

– voice/fax alan@irmusa.com