AFS-13-297-E

June 19, 2013

 Exemption No. 10294A

 Regulatory Docket No. FAA-2011-0324

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 for 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 Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to PALS.
2

Our Decision

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

10294 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 that 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/Limitation 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 pilots 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 (required 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 reviews. 

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’ readiness 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 

ground 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 & Commercial 

Division has the latest version 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 Internal 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 pilots’ 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 arrival; 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 aircraft, 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 multiengine 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 minimum of 12 hours flown and logged, or 2 hours of dual flight training 

with a certificated flight instructor, within the preceding 3 calendar months 

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 rating;

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 type 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 this 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 consecutive 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 operation of fire extinguishers.

7. Prior to each takeoff, the PIC must ensure that the patient, who may need the 

assistance of another person 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 aircraft.

8. PALS must establish an initial pilot training program that includes the following 

elements. All pilots must complete this training program prior to conducting flights 

under this grant of exemption— 

a. Risk, hazard identification;

b. Accident trends for general 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. Situational 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 pilot’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 repair 
7

station. The aircraft engine, 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 exercise 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. Pilot 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 (example: 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 flight. 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

EXCELLENT OK MARGINAL POOR

Pilot

Physical health □ □ □ □

Mental health □ □ □ □

Prepared/Confident □ □ □ □

Well rested □ □ □ □

Aircraft

Maintenance □ □ □ □

Fuel reserve □ □ □ □

Pre-flight □ □ □ □

Equipment sufficient for the □ □ □ □

flight conditions

Weight and balance Takeoff weight/CG_____________________

Landing weight/CG_____________________

EXCELLENT OK MARGINAL POOR

Weather

Current & WX Forecast □ □ □ □

 Conditions

Departure □ □ □ □

Destination □ □ □ □

Return □ □ □ □
9

Explain if Marginal or Poor:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Other

YES NO

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 responsible person, such 

as a fixed-base operator, 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 the 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_industry/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 

requirements 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 Condition 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-AFS-800-

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

the most current version.

This exemption terminates on June 30, 2015, unless sooner superseded or rescinded.

Sincerely,

/s/

John M. Allen 

Director, Flight Standards Service