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July 31, 2012 Exemption No. 10593 Regulatory

Docket No. FAA
- 2001
- 9874
Colonel Rafael A. Robles General Counsel Civil Air Patrol 105 South Hansell Street. Bld. 714 Maxwell Air Force Base, AL 36112 Dear Mr. Robles : 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 letter dated April 16, 2012, you petitioned the Federal Aviation Administration (FAA) on behalf of Civil Air Patrol (CAP) for an extension of Exemption No. 6771, as amended. That exemption from § 61.113 (a) and (e) of Title 14, Code of Federal Regulations (14 CFR) allow ed CAP to reimburse CAP members exercising the privileges of a private pilot certificate for certain expenses incurred while serving on official United S tates Air Force (USAF)
- assigned CAP mis sions. Additionally , this exemption permits certain CAP o perations, including CAP/Air Force Reserve Officers’ Training Corps (AFROTC) cadet orientation. That exemption, however, expired on May 31, 2012 ; therefore, we will treat your request as a new peti tion. 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 CAP
.2

Th e 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. 6771 (copy enclosed), the FAA found that the services performed by CAP are valuable and considers its mi ssion and purpose to be in the public intere st. 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 Grant of Exemption No. 6771 ;  the reasons stated by

the FAA for granting the enclosed Grant of Exemption No. 6771 also apply to the situation you present; and  a grant of exemption is in the public interest. **Our Decision** The FAA has amended the conditions and limit ation s of your previous exemption
. Wh ile the relief granted does not change substantially, yo u should review the revised conditions and limitations
. Under the authority

contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I

hereby grant Civil Air Patrol an exemption for 14 CFR § 61.113 (a) and (e) to the extent necessary to allow CAP to reimburse CAP members exercising the privileges of a private pilot certificate for certain expenses incurred while serving on official United S tates USAF
- assigned CAP mission s. Additionally , this exemption permits certain CAP operations, including CAP/AFROTC cadet orientation , subject to the following conditions and limitations. **Conditions and Limitations** 1. This exemption only

applies to f

lights directly

related to USAF
- assign ed missions or missions assigned by

the USAF in accordance with memorand a of understanding with United States Government agen cies and are within the CAP’s purpose as defined within Title 36 of the United States Code, part B, chapter 403, section 40302. Th e relief provided by

this exemption includes flights operated by CAP for the purpose of CAP/AFJROTC orientation. 2. CAP members acting as pilot in command (PI C) while operating CAP
- sanctioned flights under the privileges of this exemption must hold a valid U .S. private, commercial, or airline transport pilot certificate with ratings and endorsements appropriate to the aircraft used for the flight. Reimburseme nt may not be provided to pilots exercising the privileges of a recreational or sport pilot certicate
.3

3. This exemption provides relief to the extent that CAP pilots acting as pilot in command while operating CAP
- sanctioned flights as described in Condition No. 1 may be compensated by

logging the flight time for the duration of that flight. 4. CAP members ex ercising private pilot privileges and providing an aircraft for use in CAP missions listed in C ondition No. 1 may be reimbursed for aircraft operating expenses directly

related to the mission at a fixed rate in accordance with CAP Regulation (CAPR) 173

– 3, as amended. 5. CAP members exercising private pilot privileges and operat ing a CAP
- owned aircraft for use in CAP missions listed in C ondition No. 1 may be reimbursed for aircraft operating expenses directly related to the CAP mission. These operating expens es are limited to fuel, oil, supplemental oxygen, fluids, lubricants, servicing, and maintenance of the aircraft. 6. CAP members exercising private pilot privileges may be reimbursed for non
- air operating expenses directly related to CAP missions listed in Condition No. 1. These expenses are limited to preheating, deicing, and airport expenses. 7. CAP members exercising private pilot privileges may , if operational considerations require an overnight stay

away from the pilot’s home base and while on a CAP miss ion identified in C ondition No. 1, receive per diem expenses up to the rate listed in CAP Regulation (CAPR) 173

– 3, as amended. 8. The CAP will inform the FAA General Aviation and Commercial Division of any changes to CAP regulations that could have an effect on this exemption at least 30 days before the change takes effect, at the following address: Federal Aviation Administration, Airman Certification and Training Branch (AFS
- 810), 800 In dependence Ave
. SW. , Washington , DC 20591
. 9. Only the following personne l are permitted to be aboard an aircraft operated under this exemption: a. Pilot crewmembers who are officially authorized by the CAP and meet the requirements of CAP Regulation (CAPR) 60
- 1; b. CAP members; c. Members of the U.S. armed services; and d. Non
- flight
- crewmembers officially authorized by the CAP under CAPR 60
- 1 to aid in the performance of the approved flight activity, including CAP or AFJROTC cadets during cadet orientation flights.4

10. Cadet orientation flights will be conducted in accordance with the foll owing CAP documents: a. CAP P amphlet (CAPP) 52
- 7 (Cadet Orientation Flight Syllabus); b. CAP R 52

– 16 (Cadet Program Management); c. CAPR 60

– 1 (CAP Flight Management), as amended; and d. all other applicable CAP regulations , manuals, forms, and policies. 11. Each CAP member operating under this exemption must meet the experience, training, and testing requirements in CAP Regulations CAP R 52

– 16; CAP R 60

– 1, as amended; and part 6 1 of Title 14, Code of Federal Regulations
. 12. The CAP must maintain a record of each flight op erating under this exemption. The record must be maintained by CAP for at least 12 calendar months from the date of the flight and must be presented to any representative of the FAA Administrator upon request. The pilot logbook is not acceptable for this record. The record must include the following information, at a minimum: a. USAF /CAP mission number , as applicable ; b. Name of the PI C ; c. Facsimile of the PI C ’s pilot and medical certificates; d. Make , model , and registration number of each aircraft; e. Date, i tinerar

y , 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. 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. This exemption terminates on July 31, 2014 , unless sooner superseded or rescinded. Sincerely , /s/ John M. Allen Director, Flight Standards Service

Enclosure