AFS-10-232-E May 28, 2010 Exemption No. 6771F Regulatory Docket No. FAA-2001-9874

Colonel Rafael A. Robles
General Counsel
Civil Air Patrol
105 South Hansell Street Maxwell Air Force Base, AL 36112-6332

Dear Colonel Robles:

This letter is to inform you that we have granted your petition to extend Exemption No. 6771, as amended. It explains the basis for our decision and describes its effect.

The Basis for Our Decision

By letter dated April 9, 2010, you petitioned the Federal Aviation Adm inistration (FAA) on behalf of the Civil Air Patrol (CAP) for an extension of Exemption No. 6771, as amended. That exemption from §§ 61.113(e) and 119.1(a) of Title 14, Code of Federal Regulations (14 CFR) allows CAP to reimburse CAP members who are private pilots for fuel, oil, supplemental oxygen, fluids, lubricants, prehea ting, deicing, airport expenses, servicing, maintenance expenses, and certain per diem expenses incurred while serving on official U.S. Air Force (USAF)-assigned CAP missions. Additionally, this exemption permits certain CAP operations, including CAP/Air Force Reserve Officers’ Training Corps (AFROTC) cadet
orientation.

In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safety that were the basis for granting the original exemption. In your petition, you also request a review of Exemption No. 6771, as amended, to clarify the logging of flight time for CAP private pilots ope rating in accordance with said exemption.2

The FAA has determined that good cause exists for not publishing a summary of the petition
in the Federal Register because the requested extension of the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to CAP.

Our Decision

The FAA has considered fully the petitioner’s inquiry. In response to your request for clarification of private pilots’ logging of fli ght tim e, the FAA is granting an exemption to 14 CFR § 61.113(a) to the extent necessary to allow CAP pilots to log flight time only, in accordance with 14 CFR § 61.51.

The FAA has determined that the justification for the issuance of Exemption No. 6771, as amended, remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I grant your petition, subject to the conditions and
limitations below.

Conditions and Limitations

1. This exemption applies only to a flight or series of flights directly related to USAFassigned missions when the CAP is operating as an instrumentality of the United States. No corporate missions may be operated under this exemption.

2. CAP members who hold private pilot certificates and provide an aircraft for use in CAP missions listed in condition No. 1 may be reimbursed for aircraft operating expenses directly related to the mission at a fixed rate in accordance with CAP Regulation 173–3, as amended.

3. CAP members who hold private pilot certificates and operate a CAP-owned aircraft for use in CAP missions listed in condition No. 1 may be reimbursed for aircraft operating expenses directly related to the mission. These operating expenses are limited to fuel, oil, supplemental oxygen, fluids, lubricants, servicing, and
maintenance of the aircraft.

4. CAP members who hold private pilot certificates may be reimbursed for non-aircraft operating expenses directly related to CAP missions listed in condition No. 1. These expenses are limited to preheating, deicing, and airport expenses.

5. CAP members who hold private pilot certificates may, if operational considerations require an overnight stay away from the pilot’s home base and while on a CAP mission listed in condition No. 1, receive per diem expenses up to the rate listed in CAP Regulation 173–3, as amended.

6. The CAP will inform the Administrator of any changes to CAP regulations that may have an effect on this exemption at least 30 days before the change.3

7. Only the following personnel are permitted to be aboard an aircraft operated under this exemption:

a. Pilot crewmembers who are officially authorized by the CAP;

b. CAP members;

c. Members of the U.S. armed services; and

d. Government employees or personnel who are officially authorized by the CAP to aid in the performance of the approved flight activity, including CAP or AFROTC cadets during cadet orientation flights.

8. Cadet orientation flights will be conducted in accordance with CAPF 5; CAPF 77; CAP Manual 50–16, as amended; CAP Regulation 60–1, as amended; and all other applicable CAP regulations, manuals, forms, and policies.

9. Each CAP member operating under this exemption must meet the experience, training, and testing requirements in CAP Manual 50–16, as amended; CAP Regulation 60–1, as amended; and part 61.

10. The CAP must maintain a current record of each pilot operating under this exemption. The record must include at least the following:

a. Name of the pilot;

b. Facsimile of the person’s pilot and medical certificates;

c. Make and model of each aircraft;

d. USAF mission number;

e. Itinerary and total time of each flight; and

f. A purchase receipt with an itemized listing of all reimbursable costs incurred while performing under the conditions and limitations of this exemption. The pilot logbook is not acceptable for this record.

11. The records required under condition No. 10 must be retained by the CAP for at least 1 year and must be presented to the Administrator upon request.4

12. The CAP must ensure its supervisory personnel, its member pilots, and any other personnel who participate or are aboard any aircraft operated under this exemption are familiar with the provisions contained in this exemption.

The Effect of Our Decision

Our decision extends the term ination date of Exemption No. 6771, as amended, to May 31, 2012, unless sooner superseded or rescinded.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards
Service