AFS

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- E June 19, 2013

Exemption No. 10294 A Regulatory Docket No. FAA

- 20 11

- 0 324

Mr. Joseph Howley

Chairman of the Board of Directors Patient AirLift Services, Inc.

120 Adams Boulevard Farmingdale, NY 11735

Dear Mr. Howley :

This letter is to inform you that we have extended and amended Exemption No. 10294 . It explains the basis fo r our decision, describes its effect, and lists the revised conditions and

limitations.

The Basis for Our Decision

By letter dated February 28, 2013

, you petitioned the Federal Aviation Administration (FAA)

on behalf of Patient AirLift Services , Inc. ( PALS )

, for an exemption from § 61.113(c) of

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

reimbursement of its volunteer pilots for fuel costs incurred in conducting charitable flights

.

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.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the F ederal Register because the requested exemption would not set a precedent, and any delay in acting on this p etition would be detrimental to PALS

.2

Our Decision

The FAA has modified and/or added to the conditions and limitations of Exemption No.

1 0294 to address several issues raised by another exemption holder. These changes were in order to clarify original content, and further define the intent and provide consistency of safety

- related aspects of the conditions and limitations

.

Please note that the conditions and limitations included with an exemption are not based on specific regulations but are the FAA’s means of ensuring an equivalent level of safety. This may necessitate limitations that go beyond the established regulations due to the fact tha t the proposed operation is by its need for an exemption, outside the normal regulatory structure

.

Previous Condition/Limitation Nos. 1

- 4 and 6

- 14 have been edited for clarity or for standardization with other similar grants of exemption.

Condition/Li mitation 1 was added to re

- enforce that this exemption is solely for charitable medical (Patient AirLift) flights.

Condition/Limitation 2 was added to clarify PALS tax exemption requirements as noted in

Public Law 112

- 95 Section 821.

Condition/Limitation 3 was updated to ensure that PALS pilot s meet qualification, training, and recurrency requirements along with ensuring that the operator is maintaining

documentation.

Condition/Limitation 4(h) was updated to require an instrument proficiency check or flight review within the previous 12 calendar months. This condition/limitation gives the FAA assurance that annual proficiency checking and testing (req uired in Condition/Limitation 9 ) will include a review of the basic requirements in §§61.56 or 61.57.

Condition/Limitation 8 (topics for the required initial pilot training program) has been modified to remove some redundant topics that are already covered in private pilot practical test standards and on required § 61.57 flight review s.

Condition/Limitation 15 requires a transition to a preflight risk assessment tool, replacing the

Pilot Go/No

- Go Checklist. We made this change because we feel the preflight risk assessment tool offers a more effective evaluation of the pilots’ readine ss for flight. We are providing 12 months to complete this transition.

Condition/Limitation 16 requires a transition to an initial and recurrent ground training program based on the requirements of § 135.345. We made this change because we feel these

grou nd training themes (for air

- taxi operations) are more comparable to your operation. We are providing 12 months to complete this transition.3

Condition/Limitation 17 was added to ensure that the FAA General Aviation & Commercia l

Division has the latest vers ion of the preflight risk assessment tool and initial /recurrent ground training program.

Under the authority contained in 49 U.S.C. §§ 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Patient Airlift Services Inc., an exemption

from 14 CFR § 61.113(c) to the extent necessary to allow for reimbursement of its volunteer pilots for fuel costs incurred in conducting charitable flights, subject to the following revised

conditions and limitations.

Conditions and Limitations

1. This exemption may be exercised only for charitable medical flights. Operations where PALS clients are not onboard for the purpose of obtaining medical care may not be conducted under the terms of this exemption.

2. PALS must:

a. meet the requirements described in section 501(c)(3) of the Inte rnal Revenue

Code of 1986 and be exempt from taxation under section 501(a) of such Code; and,

b. be organized for the primary purpose of providing, arranging, or otherwise fostering charitable medical transportation.

3. PALS must ensure the following items are available to any representative of the FAA Administrator, upon request:

a. A detailed description of PALS ’s process for verification of pilot qualification and training. This process must include a means to verify pi lots’ qualifications to act as pilot

- in

- command (PIC) prior to each flight;

b. Documentation showing all PALS 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 flight under this exemption, he/she meets all minimum standards and appropriate currency requirements established by PALS , 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 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 arr ival; and

v. Amount of fuel reimbursement

.4

e. All the documentation required under Condition No. 3 must be maintained by

PALS for a minimum of 24 calendar months

.

4. All operating under the terms of this exemption must possess the following certificates, qualifications, and aeronautical experience

—

a. An instrument rating or privilege (instrument privilege relates to the airline transport pilot certificate) that is appropriate to the aircraft being flown;

b. For the operation of any single

- engine piston aircraf t, a minimum total time of

500 hours, with no less than 400 hours as pilot in command (PIC), and a

minimum of 50 hours in the specific make and model of single

- engine aircraft being flown;

c. For the operating any multiengine aircraft, a minimum total time of
1,000 hours as PIC in any aircraft , a minimum of 250 hours in multiengine aircraft, and a minimum of 50 hours in the make and model of multiengine aircraft being flown;

d. For the operation of any single

- or m ultiengine turbine

- powered aircraft, a

minimum total time of 1,000 hours as PIC, a minimum of 100 hours in

turbine

- powered aircraft, and a minimum of 50 hours in the make and model of

turbine

- powered aircraft being flown;

e. A minimum of 50 hours as PIC shall have been logged within the preceding

12 calendar months immediately preceding the month of the flight;

f. A m inimum of 12 hours flown and logged, or 2 hours of dual flight training with a certificated flight instructor, within the preceding 3 calendar mon ths prior to the month of the flight;

g. A 2nd class medical certificate (per §§ 61.23(d)(2)(i) and 61.2);

h. Within the preceding 12 calendar months, an instrument proficiency check (IPC) meeting the requirements of § 61.57(d), or a flight review meeting the requirements found in § 61.56(a). The IPC or flight review must consist of at least 1 hour of flight training and 1 hour of ground training . This requirement can substituted by a FAA practical test for any pilot certificate or r ating ; i. A current flight review (per § 61.56(a)) in the same aircraft category, class, and type (if a type rating is required) being flown; j. Instrument current (per § 61.57(c) or (d), as appropriate) in the same aircraft category, class, and type (if a ty pe rating is required) being flown; and

k. For all operations under this exemption

, the pilot must be current for night operations (per § 61.57 (b)) in an aircraft of the same category, class, and type (if a type rating is required).

5. All operations under th is exemption must be in compliance with the following flight duty, rest, and flight time limitations:

a. No pilot may fly more than 8 hours of flight time (per § 61.1) within any

24

- consecutive

- hour duty day period;5

b. No pilot may perform a duty day in excess of 12 co nsecutive hours

. ( 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 of the aircraft); 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 another flight.

6. Passenger and medical crew briefing requirements

. Prior to each takeoff, the PIC must ensure that all passengers 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 have his or her safety belt and, if installed, his or her shoulder harness fastened about him or her;

d. The placement of seat backs in an upright position before takeoff and landing;

e. Location and means for normal and emergency egress ;

f. Location of survival equipment;

g. Use of normal and emergency oxygen , if installed; and

h. Location and opera tion of fire extinguishers.

7. Prior to each takeoff, the PIC must ensure that the patient, who may need the assistance of another perso n to exit the aircraft if an emergency occurs, has received a briefing as to the procedures to be followed if an evacuation occurs. This paragraph does not apply to a person who has been given a briefing before a previous leg of a flight in the same aircra ft

.

8. PALS must establish an initial pilot training program that includes the following elements. All pilots must complete this training program prior to conducting flight s under this grant of exemption

—

a. Risk, hazard identification;

b. Accident trends for g eneral aviation aircraft.

c. Flight planning and aeronautical decision

- making:

i. Improper pre

- flight planning.

ii. Insufficient fuel reserves.

iii. Aircraft systems.

iv. Improper operation of fuel system.

v. Fuel contamination.6

vi. Improper fueling.

vii. Weather and continued visual flight rules into instrument meteorological conditions.

viii. Descending below minimum descent altitude on approach.

ix. Mountainous terrain.

x. Icing.

d. Other factors :

i. Single pilot IFR ;

ii. Night operations at unfamiliar airports ;

iii. Mission mentality ;

iv. Pressure to complete flight operations ;

v. Distractions ;

vi. Missed approach/go around ;

vii. Incomplete/stale weather briefings ;

viii. Communications processes, decisions, and coordination, to include communication with air traffic control and passengers ;

ix. Workload and time management ;

x. Situatio nal awareness ;

xi. Effects of fatigue on performance, avoidance strategies and

countermeasures ;

xii. Effects of stress and stress reduction strategies ; and

xiii. Aeronautical decision

- making and judgment.

9. Recurrent training is required for all pilots operating under the terms of this exemption. The annual recurrent training program must include:

a. Verification that each pilot is adequately trained, current, and proficient on all

of the elements in the PALS initial pilot training program; and

b. Testing to determine each p ilot’s aeronautical knowledge, proficiency with the aircraft, and the limitations of this exemption.

10. Each aircraft operated under this exemption must have a standard airworthiness

certificate.

11. All maintenance except when complying with the provisions of 14 CFR § 43.7 (f) and Appendix A, preventive maintenance items conducted on aircraft operated under this exemption must be performed by an FAA

- certificated mechanic, repairman, or repair7

station. The aircraft en gine, propeller, and all components must be overhauled prior to reaching the airframe, engine, or propeller manufacturer’s recommended time between

overhaul.

12. This exemption applies to flights conducted within domestic United States airspace. PALS may ex ercise this relief for overflights within the territory and airspace of a foreign country only with the specific permission of the foreign civil aviation authority

.

13. 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 acceptance of a visual approach clearance from air traffic control;

b. For flights in instrument meteorological conditions (IMC), each pilot may only use airports that have a functioning, published, precision approach procedure;

c. P ilot must add 100 feet to all instrument approach minimums;

d. All circling approaches at night are prohibited ;

e. Pilots must add 50 percent to pilot operating handbook (POH) runway length performance for obstacle clearance on takeoff and landing under ambient conditions;

f. For IMC takeoff minimums, the pilot must apply 50 percent above the approach landing minimums (e xample: Baltimore

- Washington International

Airport minimums 200/1/2, then the takeoff minimums will be at least 300 feet

and 3/4

- statute

- mile visibility);

g. The pilot must ensure that all passengers are restrained by FAA

- approved seat

belts or FAA

- approved child safety seat at all times during the fli ght. The only exception shall be change of seat positions, quick access to luggage, care and/or feeding of child, or use of lavatory; and

h. Pilots will utilize and brief passengers on sterile cockpit procedures as defined under § 135.100

.

14. Pilots must use the PALS Go/No

- Go checklist, patient, passenger, pilot release forms, and post

- flight report. The completed checklist must be transmitted to PALS prior to conducting a flight under this exemption. The completed checklist must be retained by PALS for a minimum of three days. The Go/No

- Go checklist will consist of at least the following information:8

Pilot Go/No

- Go Checklist

E XCELLENT OK M ARGINAL P OOR
Pilot

Physical health □ □ □ □

Mental health □ □ □ □

Prepared/Confident □ □ □ □

Well rested □ □ □ □

Aircraft

Maintenance □ □ □ □

Fuel reserve □ □ □ □

Pre

- flight □ □ □ □

Eq uipment sufficient for the □ □ □ □ flight conditions

Weight and balance Takeoff weight/CG_____________________ Landing weight/CG_____________________

E XCELLENT OK M ARGINAL P OOR
Weather

Current & WX Forecast □ □ □ □ Conditions

Departure □ □ □ □

Destination □ □ □ □

Return □ □ □ □9

Explain if Marginal or Poor:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Other

Y ES N O

Child safety seat

___ ___

Passengers briefed

___ ___

Pre

- departure weather briefing

___ ___

Verify departing on correct runway

___ ___

Release forms signed

___ ___

Flight #

____________________________________

Pilot Signature

____________________________________

Date

____________________________________

The checklist must be provided to the exemption holder or left with a resp onsible person, such

as a fixed

- base oper ator, prior to conducting a flight under this exemption. The completed

checklist must be retained for 3 days.10

15. PALS must develop and implement a preflight risk assessment tool to supplement or replace the Go/No

- Go checklist within 12 calendar months of th e date of issue of this exemption. Once implemented, use of the preflight risk assessment tool will supersede the requirements of Condition No. 14

. The tool must be completed by the PIC before each flight and must be transmitted to PALS prior to takeoff for any flight operated under this exemption. The completed tool must be retained by PALS for a minimum of three days. A sample risk assessment tool is available at FAA Information for Operators (InFO) 07015: http://www.faa.gov/other_visit/aviation_indus try/airline_operators/airline_safety/info/ all_infos/media/2007/inFO07015.pdf.

16. Within 12 calendar months of the date of issue of this exemption. PALS must develop and implement an initial and recurrent ground training program that contains the requirem ents of § 135.345 that are applicable to the PALS operations. This program will supplement or replace the requirements of Condition No. 8. Once implemented, use of the new initial and recurrent training program will supersede the requirements

of Conditio n No. 8.

17. PALS must ensure that the latest version of its preflight risk assessment tool (Condition No. 15) and the initial/recurrent ground training program (Condition No. 8 and 16 are sent to the FAA Airman Certification and Training Branch, 800 Independence Ave SW, Washington DC 20591 or via e

- mail to 9

- AF S

- 800

- Correspondence/AWA/FAA. These two documents must be clearly labeled to identify

the most current version.

This exemption terminates on June 30 , 201 5 , unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen Director, Flight Standards Service