AFS-12-331-E

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) 

allowed CAP to reimburse CAP members exercising the privileges of a private pilot 

certificate for certain expenses incurred while serving on official United States Air Force 

(USAF)-assigned CAP missions. Additionally, this exemption permits certain CAP 

operations, 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 petition.

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

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. 6771 (copy enclosed), the FAA 

found that the services performed by CAP are valuable and considers its mission and purpose 

to be in the public interest.

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 limitations of your previous exemption. While the 

relief granted does not change substantially, you 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 

States USAF-assigned CAP missions. 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 flights directly related to USAF-assigned missions or 

missions assigned by the USAF in accordance with memoranda of understanding with 

United States Government agencies and are within the CAP’s purpose as defined 

within Title 36 of the United States Code, part B, chapter 403, section 40302. The 

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 (PIC) 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. Reimbursement 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 exercising private pilot privileges and providing 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 (CAPR) 173–3, as amended.

5. CAP members exercising private pilot privileges and operating 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 CAP mission. These operating expenses 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

mission identified in Condition 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 

Independence Ave. SW., Washington, DC 20591.

9. 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 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 following CAP 

documents: 

a. CAP Pamphlet (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 CAPR 52–16; CAPR 60–1, as amended; 

and part 61 of Title 14, Code of Federal Regulations.

12. The CAP must maintain a record of each flight operating 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 PIC;

c. Facsimile of the PIC’s pilot and medical certificates;

d. Make, model, and registration number of each aircraft;

e. Date, 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. 

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