[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Rules and Regulations]
[Pages 12233-12234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04052]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 61
Policy Clarification on Charitable Medical Flights
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of Policy.
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SUMMARY: The FAA is issuing this notice of policy to describe its
policy for volunteer pilots operating charitable medical flights.
Charitable medical flights are flights where a pilot, aircraft owner,
and/or operator provides transportation for an individual or organ for
medical purposes. This notice of policy is in response to Section 821
of Public Law 112-95, Clarification of Requirements for Volunteer
Pilots Operating Charitable Medical Flights.
DATES: This action becomes effective on February 22, 2013.
FOR FURTHER INFORMATION CONTACT: John Linsenmeyer, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591; fax
(202) 385-9612; email [email protected].
SUPPLEMENTARY INFORMATION:
Background
Section 61.113(a) of Title 14 Code of Federal Regulations (14 CFR)
states that no person who holds a private pilot certificate may act as
pilot in command of an aircraft that is carrying passengers or property
for compensation or hire; nor may that person, for compensation or
hire, act as pilot in command of an aircraft.
Section 61.113(c) states that, for any flight carrying passengers,
a private pilot may not pay less than the pro rata share of the
operating expenses (fuel oil, airport expenditures, or rental fees).
This prohibition means that a private pilot can pay more, but not less,
of these expenses when split equally among all the people aboard the
aircraft. Private pilot certificates are considered to be an entry-
level pilot's license, and the purpose of this regulation is to limit
the operations of private pilots commensurate to their certification
level. Pilots wishing to pay less than their pro rata share (or fly for
hire) must obtain a commercial pilot certificate, which has higher
certification requirements and may be required to comply with
additional operating requirements.
Some pilots and other individuals have recognized a need to provide
transportation services for conveyance of people needing non-emergency
medical treatment. Section 821 of Public Law 112-95, requires, with
certain limitations, that the FAA allow an aircraft owner or operator
to accept reimbursement from a volunteer pilot organization for the
fuel costs associated with a flight operation to provide transportation
for an individual or organ for medical purposes (and for other
associated individuals).
Volunteer pilot organizations have petitioned the FAA for exemption
from the requirements of Sec. 61.113(c) so that their pilots can be
reimbursed for some or all of the expenses they incur while flying
these flights. To allow compensation for expenses for the
transportation of individuals, these private pilots are participating
in an activity that would otherwise be prohibited by Sec. 61.113(c).
The FAA has determined this activity can be conducted safely with
limits applied to the organizations, pilots, and aircraft. Beginning in
2010, the FAA issued several exemptions to charitable medical flight
organizations granting relief from the requirements of Sec. 61.113(c).
The exemptions contain conditions and limitations that are intended to
raise the level of safety for these flights. These conditions and
limitations include:
1. Developing of a pilot qualification and training program;
2. Authenticating pilots' FAA certification;
3. Requiring flight release documentation;
4. Imposing minimum pilot qualifications (flight hours, recency of
experience, etc.);
5. Requiring a 2nd class FAA medical certificate;
6. Requiring the filing of an instrument flight plan for each
flight;
7. Restricting pilots to flight and duty time limitations;
8. Requiring mandatory briefings for passengers;
9. Imposing higher aircraft airworthiness requirements; and
10. Requiring higher instrument flight rules (IFR) minimums.
The FAA recognizes the practical implications and benefits from this
type of charity flying and will continue to issue exemptions for
flights described
[[Page 12234]]
by Section 821 of Public Law 112-95. The FAA will continuously update
these conditions and limitations as necessary to best ensure these
operations meet this equivalent level of safety.
Issued in Washington, DC, on February 14, 2013.
John M. Allen,
Director, Flight Standards Service.
[FR Doc. 2013-04052 Filed 2-21-13; 8:45 am]
BILLING CODE 4910-13-P