AFS-15-2877-E

Exemption No. 14075

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

PLATTE COUNTY AMBULANCE

d.b.a MIDWEST MEDAIR Regulatory Docket No. FAA-2015-2694

 

for an exemption from § 135.611(b) 

of Title 14, Code of 

Federal Regulations 

GRANT OF EXEMPTION

 By letter posted to the docket on July 2, 2015, Mr. Steve Gardiner, Director of Operations, 

Platte County Ambulance d.b.a. Midwest MedAir (Midwest MedAir), 5400 E. Lee Bird Road, 

Suite 14, North Platte, Nebraska, 69101, petitioned the Federal Aviation Administration (FAA) 

on behalf of Midwest MedAir for an exemption from § 135.611(b) of Title 14, Code of Federal 

Regulations (14 CFR). The proposed exemption, if granted, would allow Midwest MedAir to 

conduct instrument flight rules (IFR) departures and IFR approach procedures at airports and 

heliports that do not have an approved weather reporting source in helicopter air ambulance 

(HAA) aircraft and without functioning severe weather detection equipment (airborne radar or 

lightning strike detection equipment) when there is no reasonable expectation of severe weather 

at the destination, the alternate, or along the route of flight.

The petitioner requests relief from the following regulation:

Section 135.611(b) prescribes that certificate holders authorized to conduct IFR helicopter air 

ambulance operations at airports with an instrument approach procedure and at which a weather 

report is not available from the U.S. National Weather Service (NWS), a source approved by the 

NWS, or a source approved by the FAA, must be equipped with functioning severe weather 

detection equipment.

The petitioner supports its request with the following information:

Midwest MedAir petitions for exemption from § 135.611(b) in order to conduct IFR operations 

at locations without weather reporting in helicopters without functioning severe weather 

detection equipment. It seeks to exercise this relief in its HAA operations with helicopters that 

have a passenger seating configuration of nine seats or less. 
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Midwest MedAir states that it provides air medical transport and critical patient services using 

two bases of operations that serve the State of Nebraska. Midwest MedAir adds that it conducted 

325 IFR flights and transported 1,572 critical patients in the years 2010 through 2014. The 

petitioner attributes the success rate for these operations to two items: (1) the thorough and 

effective training of pilots on preflight planning and IFR procedures and (2) the complete 

avoidance of flying in reported or forecast severe weather.

Midwest MedAir emphasizes that the exemption would apply only when current weather reports 

or forecasts indicate that there is no reasonable expectation of thunderstorms or other severe 

weather at the destination, alternate airport, or along the route to be flown for the period of time 

planned for the flight. In addition, the petitioner highlights that the exemption would apply only 

when additional preflight planning, triggered by the Midwest MedAir Preflight Risk Assessment 

Program, is completed before the first leg of each HAA operation.

Midwest MedAir believes that a grant of exemption would enable an alternate means of 

compliance and maintain an equivalent level of safety to § 135.611(b). The petitioner asserts that 

the purpose of § 135.611 is to facilitate IFR operations and result in more aircraft operating in a 

positively controlled environment, thereby increasing safety for HAA operations. Midwest 

MedAir contends that a grant of exemption would be consistent with the safety goal of § 135.611 

because preflight planning, training for pilots, and operational control oversight by the certificate 

holder would mitigate the risk of operations in areas of severe weather.

Midwest MedAir argues that the recent interpretation of § 135.611(b) as requiring airborne 

weather radar or lightning detection equipment has the unintended consequence of encouraging 

HAA operators to fly in marginal visual flight rules conditions (MVFR). Midwest MedAir states 

that it does not conduct IFR operations in severe weather conditions. However, Midwest MedAir 

believes that it is safer to file an IFR flight plan and to operate under IFR than to conduct 

operations under visual flight rules (VFR) in marginal visual meteorological conditions (VMC). 

Midwest MedAir adds that the exemption sought would allow IFR operations more often, 

thereby minimizing MVFR operations.

Midwest MedAir maintains that it is in the public interest to utilize the IFR infrastructure to the 

fullest extent possible thereby avoiding the potential for controlled flight into terrain (CFIT) 

accidents caused by pilots trying to remain under VFR when the weather is marginal. Midwest 

MedAir asserts that the public interest will also be served by increasing the opportunity for 

additional access to critical care patient flights. Midwest MedAir states that if this exemption is 

not granted it would negatively affect the public interest by reducing the number of available 

HAA flights. Midwest MedAir contends that a fully trained crew, following proper IFR 

procedures, in a properly equipped aircraft, will enhance safety.

In its petition, Midwest MedAir identified the following limitations for inclusion in an exemption 

from § 135.611(b): 

1. Additional weather briefing requirements for flights under § 135.611.
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a. The pilot will use information obtained from the NWS to determine that 

thunderstorms or other severe weather conditions are not reasonably expected to 

exist at the destination, IFR alternate airport or along the route to be flown for the 

period of time planned for the flight;

b. The following aviation weather products must be reviewed in making that 

determination; AIRMET, SIGMET, CONVECTIVE SIGMET, METAR, 

REGIONAL NEXRAD, NOTAM, PIREP, and TAF; and

c. No IFR operation under § 135.611 will be authorized if current weather reports or 

forecasts indicate the potential for thunderstorms or other severe weather to exist at 

the destination, alternate or along the route to be flown for the period of time 

planned for the flight. If such potential exists, the pilot must refuse the flight.

2. Flight monitoring by the Operations Control Center (OCC).

Once the flight becomes active, the Midwest MedAir OCC uses specialized software, Troo 

Track, that automatically monitors the flight plan, current position and destination of all 

active flights. The additional use of ForeFlight and other Weather tools will allow the 

OCC to plan the route and inform the pilot of any thunderstorms within 30 miles of the 

intended route.

The Midwest MedAir OCC continuously monitors all flights for thunderstorms and severe 

weather and provides that information to the pilot by:

a. Relay through the Communications Center to the pilot;

b. Contacting the pilot directly via satellite phone; or

c. Contacting the pilot directly over a text-based system.

The OCC provides general advice such as, “there are thunderstorms to your west --

recommend you divert to the east.”

3. Training for Midwest MedAir’s pilots and OCSs. 

Annual training for Midwest MedAir pilots and Operations Control Specialists (OCSs) 

will be completed on an annual basis and will include the following subjects:

a. IFR flight planning (4.0 hours);

b. Use and interpretation of NWS weather charts (2.0 hours);

c. Interpretation of live radar feeds (2.0 hours);

d. SIGMETs and AIRMETs (2.0 hours);

e. METARs and TAFs (2.0 hours);

f. Interpretation and appropriate use of available cockpit weather displays (2.0 hours); 

and

g. The applicability and use of this exemption (1.0 hours).
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The petitioner states that the actions listed above are currently described in the Midwest MedAir 

General Operations Manual and Approved Training Programs.

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 Midwest MedAir. The FAA has previously 

granted exemption from § 135.611 to an HAA operator without an OCC that meets the 

requirements of § 135.619 (Exemption No. 13133) and requested public comment in association 

with that petition. 

The FAA’s analysis is as follows:

One of the FAA’s intentions in authorizing HAA IFR operations is to ensure that these 

operations are not conducted unless reliable weather information for the destination airport is 

available to the pilot. Generally, this has meant that current weather from a source approved by 

the FAA is available at the airport where an IFR approach is conducted. When the FAA 

authorized HAA IFR operations into airports without weather reporting, it required aircraft to be 

equipped with onboard severe weather detection equipment. In both cases, the pilot has a reliable 

severe weather information source available, either through the airport weather report or through 

onboard severe weather detection equipment.

Section 135.173 requires, in part, thunderstorm detection equipment in helicopters with a 

passenger seating configuration, excluding any pilot seat, of 10 seats or more in passengercarrying operations, under IFR or night VFR when current weather reports indicate that 

thunderstorms or other potentially hazardous weather conditions that can be detected with 

airborne thunderstorm detection equipment “may reasonably be expected along the route to be 

flown.” Section 135.175 states, in pertinent part, “no person may begin a flight under IFR or 

night VFR conditions when current weather reports indicate that thunderstorms, or other 

potentially hazardous weather conditions that can be detected with airborne weather radar 

equipment, may reasonably be expected along the route to be flown, unless the airborne weather 

radar equipment required by paragraph (a) of this section is in satisfactory operating condition.” 

Both §§ 135.173 and 135.175 allow flight under IFR to be conducted without functioning severe 

weather detection equipment as long as the pilot determines there is no reasonable expectation of 

thunderstorms or other potentially hazardous weather along the route. 

Although §§ 135.173 and 135.175 allow IFR operations without functioning severe weather 

detection equipment, the IFR operating limitations and weather requirements of §§ 135.213, 

135.219, and 135.225 require the certificate holder to obtain a weather report from a weather 

reporting facility operated by the NWS, a source approved by the NWS, or a source approved by 

the FAA. The FAA previously granted exemptions from applicable paragraphs of §§ 135.213, 

135.219, and 135.225 (i.e., Exemptions No. 9490 and No. 9665) to permit helicopter medical 

transport operations to conduct IFR approach procedures and departure procedures at airports 

without weather reporting. The conditions and limitations listed in Exemptions No. 9490 and No. 

9665 required that each helicopter operated under the exemption must be “equipped with severe 

weather detection equipment, such as airborne weather radar or lightning detection. This 
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equipment must be operating.” Unlike past exemptions which required functioning severe 

weather detection equipment for instrument approach procedures and instrument departure 

procedures at airports without weather reporting, Midwest MedAir seeks relief to conduct IFR 

operations at locations without weather reporting and without this equipment, but with other pretakeoff planning, risk analysis and flight monitoring measures.

Since issuance of previous exemptions, the FAA published the Helicopter Air Ambulance, 

Commercial Helicopter, and Part 91 Helicopter Operations final rule (79 FR 9932; February 21, 

2014). This rule requires certificate holders with 10 or more helicopter air ambulances to 

establish an OCC staffed with OCSs (§ 135.619) by April 22, 2016. The OCS communicates 

with pilots, provides weather information, monitors flights and assists with preflight risk 

assessments, providing an additional measure of safety for complex operations. Section 135.617 

requires HAA operators, regardless of size, to have an FAA approved and documented Risk 

Analysis Program that includes procedures for elevating the final post mitigation risk to a higher 

management level for approval when the total risk exceeds a predetermined threshold. A 

preflight risk analysis provides certificate holders with the means to assess and mitigate risk and 

make determinations regarding the flight’s safety before launch. For HAA operators with OCCs, 

the pilot in command (PIC) will be required to complete a risk analysis worksheet and the OCS 

will be required to review and concur with the pilot’s risk analysis worksheet. This overlap is 

intended to provide larger operations with an additional measure of review over the flight’s risk 

analysis. 

The FAA has previously granted an exemption from § 135.611(b) in circumstances where the 

petitioner has already established an OCC that meets the requirements of § 135.619 (Exemption 

No. 12556) and in circumstances where the petitioner will be required to establish an OCC that 

meets the requirements of § 135.619 but has not yet done so (Exemption No. 13133). Although 

Midwest MedAir’s petition for exemption indicates that it has an OCC, the FAA finds that its 

OCC does not fully meet the requirements of § 135.619. As an HAA operator with less than ten 

helicopter air ambulances, Midwest MedAir is not required to establish an OCC that meets the 

requirements of § 135.619. However, the FAA finds that Midwest MedAir’s circumstances are 

similar to those of Exemption No. 13133 because the operator can use trained personnel to 

establish the flight monitoring capabilities necessary for the purposes of this exemption without 

establishing an OCC that fully meets the requirements of § 135.619. 

The agency has considered that smaller operators and operators that are required to implement an 

OCC but that have not yet done so may use similar appropriately scaled methods and techniques 

to achieve the same functionality as an OCC. The FAA finds that smaller operators and operators 

that have not yet established an OCC can establish flight monitoring capabilities utilizing 

personnel trained on availablility of severe weather reporting and forecasting products and 

appropriate methods of communicating observed real-time location and rate of development of 

severe weather. 

The FAA finds that granting an exemption from the requirement for onboard severe weather 

detection equipment would not adversely affect safety if Midwest MedAir provides appropriate 

training in conveying thunderstorm reporting and forecasting to flight crew and personnel 

assigned to monitor operations to ensure that this exemption is utilized only when there is no 
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reasonable expectation of thunderstorms or other potentially hazardous weather that could 

otherwise be detected along the route with onboard weather radar or lightning detection 

equipment. The application of appropriate analysis of the risk of encountering severe weather and 

the availability and application of real-time ground based weather radar feeds and other approved 

weather information sources can provide the pilot timely forewarning of an IFR HAA flight 

operation that may be threatened by severe weather, further enhancing safety. Midwest MedAir 

states that the exemption would apply to operations when additional preflight planning is 

triggered by the Midwest MedAir Preflight Risk Assessment Program that must be completed 

before the first leg of each HAA operation conducted under § 135.611. In this regard, the FAA 

finds that trained personnel assigned to monitor the flight support the HAA pilot in monitoring 

factors that may affect the flight and serves as a ground-based continuing verification of the 

pilot’s risk analysis. 

The limitation of this exemption to circumstances when there is no reasonable expectation of 

thunderstorms or other potentially hazardous weather along the route, the provision of training in 

weather reporting and forecasting to HAA pilots and trained personnel assigned to monitor the 

flight, the completion of required risk assessments by the pilot and personnel assigned to monitor 

the flight, and the ability of the trained personnel to continuously monitor the flight and provide 

current weather information to the pilot factor into the FAA’s determination that a grant of 

exemption would provide a level of safety at least equal to that provided by the rule. The FAA 

emphasizes that if a reasonable expectation of severe weather exists during the flight and in the 

vicinity of the planned route, the helicopter must be equipped with operable severe weather 

detection equipment or the flight must be declined or aborted.

The FAA finds, when conducted in accordance with the conditions and limitations provided 

below, the safety of Midwest MedAir HAA operations would not be adversely affected when 

conducting IFR departures and IFR approach procedures in HAA aircraft without functioning 

severe weather detection equipment at airports and heliports that do not have an approved 

weather reporting source. The public interest would be served by granting an exemption from 

§ 135.611(b) by increasing the opportunity for additional access to critical care patient flights 

when weather conditions are below those required for VFR operations. In addition, the FAA 

finds that it is safer and in the public interest to encourage the utilization of the IFR infrastructure 

to the fullest extent possible, thereby avoiding the potential for CFIT accidents during flights 

conducted under MVFR conditions.

The FAA’s Decision

In consideration of the foregoing, the FAA finds that a grant of exemption is in the public 

interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, 

delegated to me by the Administrator, Midwest MedAir is granted an exemption from 14 CFR 

§ 135.611(b) to the extent necessary to conduct IFR departures and IFR approach procedures at 

airports and heliports that do not have an approved weather reporting source, subject to the

conditions and limitations described below.
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Conditions and Limitations

1. The exemption is limited to IFR helicopter air ambulance operations conducted by 

Midwest MedAir (operating certificate 9MDA507M) in accordance with § 135.601 in 

helicopters with a passenger seating configuration of nine seats or less (excluding any 

pilot seat).

2. Use of this exemption is authorized only at airports or heliports with an instrument

approach procedure and at which a weather report is not available from the NWS, a

source approved by the NWS, or a source approved by the Administrator.

3. When conducting operations under the provisions of this exemption, Midwest MedAir 

and the PIC must comply with §§ 135.611(a), (c), and (d) as applicable.

4. The PIC and Midwest MedAir personnel who satisfy the requirements of Condition and 

Limitation No. 8 of this exemption must participate in the IFR pre-flight planning and 

risk analysis required by § 135.617 for the purpose of assessing the probability of severe 

weather. If the PIC or personnel who satisfy the requirements of Condition and Limitation 

No. 8 determines that there is a reasonable expectation of thunderstorms at the 

destination airport or heliport, at the alternate airport or heliport, or along the route to be 

flown for the period of time planned for the flight, the flight must be declined.

5. Each PIC who conducts operations under this exemption must use current weather 

observations and forecast information obtained from the NWS or from a source approved 

by the FAA, to determine that there is no reasonable expectation of thunderstorms at the 

destination airport or heliport, at the alternate airport or heliport, or along the route to be 

flown for the period of time planned for the flight. Sources include all of the following: 

AIRMET, SIGMET, Convective SIGMET, METAR, Regional NEXRAD, NOTAM, 

PIREP, and TAF or other aviation weather forecast, as appropriate and available.

6. All flights conducted under this grant of exemption must be continuously monitored by

Midwest MedAir personnel who satisfy the requirements of Condition and Limitation 

No. 8 of this exemption. Any information concerning thunderstorms and severe weather 

must be provided directly to the PIC via two-way communication system or by relay 

through a communications center. 

7. Flight planning for IFR flights conducted under this exemption must include selection of

an alternate airport that meets the requirements of §§ 135.221 and 135.223 and has an

approved weather reporting source in accordance with § 135.213.

8. Midwest MedAir must amend its FAA-approved training program as provided in 

§ 135.325 to ensure all pilots conducting IFR operations under this exemption and all 

Midwest MedAir personnel monitoring flights satisfactorily complete additional initial and 

recurrent training, checking and testing on the subjects identified in paragraphs a. through f. 

of this Condition and Limitation prior to operating under the provisions of this exemption. 
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The pilot recurrent training, testing and checking on the subjects identified in paragraphs a. 

through f. of this Condition and Limitation must take place within 12 calendar months before 

service as a pilot operating in compliance with this exemption. The personnel monitoring the 

flight must complete this additional recurrent training and testing every 12 calendar months 

after completion of initial training and testing. The training, testing, and checking, as 

applicable to the pilot and the other personnel monitoring the flight, must include the 

following subjects:

a. The applicability and use of this exemption;

b. IFR operating procedures for locations without weather reporting;

c. IFR flight planning considerations for thunderstorms and convective activity;

d. Use and interpretation of NWS charts, weather reports, and forecast productsthat depict 

current or forecast thunderstorm activity as well as weather services, such as pilot reports,

AIRMETs, SIGMETs, live radar feeds, and in-flight severe weather advisories;

e. Interpretation and appropriate use of available cockpit weather displays including the 

significant limitations of NEXRAD or similar mosaic weather displays and that such 

in-flight graphic weather depictions may not be used for penetration of areas of 

thunderstorms or navigation around thunderstorms; and

f. Methods for determining weather conditions including the presence of severe weather 

precursors during observations by the pilot. This must include methods for

determining present visibility (measured or estimated), methods for determining 

estimated ceilings, and methods for weather observation used by the NWS.

This exemption terminates on December 31, 2017, unless sooner superseded or rescinded.

Issued in Washington, D.C., on December 24, 2015.

/s/

John Barbagallo

Deputy Director, Flight Standards Service