AFS-09-347-E March 10, 2010 Exemption No. 10019 Regulatory Docket No. FAA-2009-0709

Mr. Daniel Horne Vice President of Operations Wings of Mercy, Inc. 10720 Adams Street Holland, MI 49423

Dear Mr. Horne:

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 June 24, 2009, you petitioned the Federal Aviation Administration (FAA) on behalf of Wings of Mercy, Inc. (Wings of Mercy), 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.

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 Wings of Mercy.

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. 10009 (copy enclosed), the FAA found that that the humanitarian efforts of these volunteer pilots who volunteer their time and piloting services are commendable, and the FAA wants to encourage this kind of volunteerism and public service for the common good of our citizens. The FAA recognizes the fact of rising costs for fuel and aircraft operating expenses; however, when money is exchanged for transportation, the public expects, and the FAA has a duty to demand, a higher2

level of safety for the flying public. The FAA believes by requiring the petitioners and their pilots to comply with the conditions and limitations set forth in this grant of exemption, the FAA can ensure that a higher level of aviation safety for the flying public will be maintained.

Having reviewed your reasons for requesting an exemption, I find that—

• they do not differ materially from those presented by the petitioner in the enclosed grant of exemption;

• the reasons stated by the FAA for granting the enclosed exemption also apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Wings of Mercy, 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 conditions and limitation described below.

Conditions and Limitations

1. The exemption holder must maintain operational control of the flight and ensure the flight can be conducted in accordance with the provisions and limitations, as set forth in this grant of exemption.

2. The FAA may at any time or place conduct inspections of the pilot(s) and aircraft being flown in accordance with this exemption.

3. All flights will be operated with a flightcrew of two.

4. All flights operated over water and beyond power-off glide distance from shore must be conducted in a multiengine aircraft.

5. All flight crewmembers must possess the following qualifications and aeronautical experience, as appropriate:

a. Must hold an instrument rating or privilege that is appropriate to the aircraft being flown; b. Must hold a current and valid second class medical certificate (per § 61.23(d)(2)(i)); c. Must have a current flight review (per § 61.56(a)) in the same aircraft category, class, and type (if a type rating is required) being flown;3

d. Must be 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; e. Within the preceding 3 calendar months prior to the flight, the pilots must have logged at least three takeoffs and three landings to a full stop in the same aircraft category, class, and type (if a type rating is required) being flown. This condition may also be satisfied by having accomplished and logged at least three takeoffs and three landings to a full stop at night within the preceding 3 calendar months in the same aircraft category, class, and type (if a type rating is required) being flown; f. All flight crewmembers are required to meet the drug and alcohol testing requirements in accordance with § 91.147; g. For the operation of any single-engine piston aircraft, the pilot in command (PIC) must have a minimum total time of 600 hours, with no less than 400 hours as PIC, 100 hours of actual or simulated instrument time, a minimum of 50 hours in the specific make and model of single-engine aircraft being flown, and 25 hours at night;

h. For the operation of any multiengine aircraft, the PIC must have a minimum total time of 1,000 hours as PIC, a minimum of 250 hours in multiengine aircraft, and a minimum of 50 hours in the specific make and model of multiengine aircraft being flown; i. For the operation of any turbine-powered aircraft, the PIC must have 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 specific make and model of turbine-powered aircraft being flown;

j. The PIC must have flown and logged a minimum of 50 hours as PIC within the preceding 12 calendar months immediately preceding the month of the flight; k. The PIC must have flown and logged a minimum of 12 hours as PIC within the preceding 3 calendar months prior to the month of the flight (this requirement may be waived if the pilot has completed at least 2 hours of dual flight training with a certificated flight instructor within the preceding 3 calendar months prior to the month of the flight); and

l. To act as the second in command, the pilot must be qualified in the aircraft, have a minimum total time of 3 00 hours and a minimum of 50 hours of actual or simulated instrument time.4

6. Flight duty, rest, and flight time limitations: a. No pilot may fly more than 8 hours of flight time within any 24-consecutive- hour duty day period; 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); c. Once 12 consecutive hours of duty has been performed, the pilot must rest a period of at least 12 consecutive hours before conducting another flight; and d. No pilot may accept a flight if that p ilot’s flight time will exceed 8 hours, nor may the exemption holder assign a pilot whose flight time will exceed 8 hours in that duty day.

7. Passenger and medical crew briefing requireme nts: 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. 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 opening the passenger entry door and emergency exits; f. Location of survival equipment; g. Use of normal and emergency oxygen installed; h. Location and operation of fire extinguishers; and i. 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.

8. Pilot training: The exemption holder must establish a pilot training program that is acceptable to the FAA Certification and General Aviation Branch, AFS-810, 800 Independence Avenue, SW., Washington, D.C. 20591-0001; telephone (202) 267-8212. All pilots must have completed this Wings of Mercy/FAA-accepted training program. The training program must include the following elements:

a. Risk, hazard identification;

b. Accident trends and factors for general aviation fixed wing under 12,500 pounds;5

c. Current edition of the Aircraft Owners and Pilots Association’s Air Safety Foundation Nall Report;

d. High risk phases of flight: i. Takeoff and climb; ii. Takeoff stall/settling; iii. Loss of airspeed resulting in non-recoverable stall or sink rate; iv. Loss of control; and v. Crosswinds/other conditions leading to loss of directional control; e. Maneuvering: i. Stall or loss of control; and ii. Loss of airspeed resulting in stall/spin; f. Descent/approach: Beginning of descent from cruise altitude to missed approach point or runway threshold; g. Stalls/spins; h. Loss of airspeed; i. Collisions with objects, terrain; j. Loss of engine power; k. Carburetor icing (if appropriate, for the aircraft the pilot is assigned to fly); l. Incorrect fuel mixture; m. Wind gusts or wake turbulence; n. Landing: i. Loss of directional control; ii. Crosswinds; iii. Inadequate airspeed control; iv. Stalls, hard landing, short-long touchdown; v. Runway conditions; and vi. Runway contamination; o. Flight planning and decisionmaking: i. Flight planning; ii. Proper pre-flight planning; iii. Fuel reserve requirements;6

iv. In-flight monitoring of ground speed; v. Systems operation; vi. Proper operation of fuel system; vii. Fuel contamination; viii. Proper fueling procedures; ix. Weather; x. Continued visual flight rules into instrument meteorological conditions (IMC); xi. Instrument flight rules (IFR) techniques; xii. Following appropriate IFR procedures; xiii. Descending to and maintaining minimum descent altitude on approach; xiv. Thunderstorm; xv. Flying too close or penetrating turbulence; xvi. High winds; xvii. Mountainous terrain; xviii. Icing; xix. Loss of lift and performance;

xx. Instrument malfunction; and xxi. Missed approach/go around; p. Other factors: i. Crew resource management; ii. Night operations at unfamiliar airports; iii. Mission mentality; iv. “Get-there-it is;” v. Distractions; and vi. Incomplete/stale weather briefings. 9. Recurrent training. A recurrent training program must ensure: a. The pilot remains adequately trained, current, and proficient regarding all of the elements contained in the FAA-accepted training program; b. The crewmember’s knowledge of the aircraft and crewmember position, including low altitude wind shear and operations in icing conditions; and7

c. Recurrent flight training sufficient to complete satisfactorily the recurrent proficiency flight check.

10. Pilot checking: The exemption holder must appoint a sufficient number of check pilots to administer initial and recurrent testing to the pilots that operate under this grant of exemption. The check pilot(s) must be acceptable to the FAA Certification and General Aviation Branch, AFS-810, 800 Independence Avenue, SW., Washington, D.C. 20591-0001; telephone (202) 267-8212.

a. Every 12 calendar months, all pilots must complete a proficiency flight check appropriate to the commercial pilot certification level for the category and class of aircraft being flown. Every pilot operating an aircraft that requires the pilot to hold the appropriate type rating must complete a proficiency check equivalent to the airline transport pilot certification level; and b. Every 6 calendar months, every pilot operating under IFR must complete an instrument proficiency check in the specific make and model of aircraft being operated under this grant of exemption.

11. The exemption holder must establish a flight locating program for operations under thisexemption that is accepted by the FAA Certification and General Aviation Branch, AFS810, 800 Independence Avenue, SW., Washington, D.C. 20591-0001; telephone (202) 267-8212.

12. The exemption holder must report all accidents, incidents, and National Transportation Safety Board reportable events to the FAA Certification and General Aviation Branch, AFS-810, 800 Independence Avenue, SW., Washington, D.C. 20591-0001; telephone (202) 267-8212.

13. Aircraft requirements: Each aircraft mu st meet all of the requirements of part 91 subpart C.

14. Aircraft maintenance: Maintenance may not be performed by the owner or pilot unless that owner or pilot is a certificated mechanic, repairman, or repair station. All maintenance must be performed by a certificated mechanic, repairman, or repair station. a. Each aircraft owner who participates in this program must keep the records specified in § 91.417(a) for the periods specified in § 91.417(b); or b. Maintain the aircraft in accordance with all the provisions set forth in part 91, subpart E, and that includes annual inspections and 100-hour inspections as specified in § 91.409(b), or the equivalent maintenance/inspections, and approved by the FAA.8

15. Inoperable instruments and equipment: All instruments and equipment must be in an operational and functioning condition, unless the aircraft has an approved minimum equipment list (i.e., § 91.213).

16. Areas of operations: All flights must remain within the contiguous United States.

17. Each pilot must adhere to the following best practices/policies of the exemption holder which are:

a. In IMC conditions, each pilot must plan to land at an airport with a precision approach; b. Each pilot must add 100 feet to all instrument approach minimums; c. For night landings, the pilot should only use runways with functional vertical guidance, such as visual approach slope indicator or instrument landing system; d. The pilot may not attempt circling approaches at night; e. The pilot must add 50 percent to pilot operating handbook runway length performance to clear the obstacle for takeoff and landing under ambient conditions; f. For IMC take-off: minimums, the pilot must apply 50 percent above the approach landing minimums to include decision altitude/decision height/minimum descent altitude, as applicable, and visibility; g. If destination is unfamiliar, the pilot must obtain briefing from a pilot or fixed base operator at that airport with experience with that airport prior to flight; h. The pilot is required to report to the exemption holder any and all situations when safety of flight was compromised; i. The pilot is required to provide feedback to the exemption holder on all matters that could compromise safety for future flights to the exemption holder including weather, airports, and air traffic control; j. The pilot must ensure that all passengers are restrained by FAA-approved seatbelts or FAA-approved child safety seat. The only exception shall be change of seat positions, quick access to luggage, care and/or feeding of child, or use of lavatory; k. The pilot will consult all available weather products, including wind socks and the like, to verify departure will be from the correct runway relative to wind conditions; l. The pilot will utilize computer devices and reading material only as these are pertinent to safe operation of the flight and will refrain from any and all distractions that could compromise safety of flight; and9

m. The pilot will utilize and brief passengers that a sterile cockpit condition exists during taxi and takeoff until reaching cruise altitude and also during descent from cruise altitude, descent, approach, landing, and taxi to ramp.

18. Each pilot must complete and adhere to a go/no-go checklist; patient, passenger, co-pilotrelease forms, and post-flight report. The checklist must be kept for 30 days. The go/nogo checklist will consist of at least the following information:

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 □ □ □ □ Equipment sufficient for the flight □ □ □ □ conditions Weight and balance □ □ □ □

Weather

Current & WX forecast conditions □ □ □ □ Departure □ □ □ □ Destination □ □ □ □

Return □ □ □ □ Explain if marginal or poor:

_____________________________________________________________________

_____________________________________________________________________10

Other Y ES N O NA

Child safety seat appropriately secured ___ ___ ___

Passengers briefed ___ ___ ___

Pre-departure weather briefing completed ___ ___ ___

Departing on correct runway verified ___ ___ ___

Release forms signed ___ ___ ___

Flight # ____________________________________

Pilot Signature ____________________________________

Date ____________________________________

19. Flight locating procedures required: The p ilot must file and activate an IFR flight plan for each flight. The flight plan may be canceled upon acceptance of a visual approach clearance from air traffic control.

20. The exemption holder must ensure that each aircraft used in this grant of exemption is properly registered, licensed, and airwort hy. The aircraft components must be overhauled upon reaching the specified time between overhaul.

This exemption terminates on March 31, 2012, unless sooner superseded or rescinded.

Sincerely,

/s/ Raymond Towles Acting Director, Flight Standards Service

Enclosure