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

PLA TTE COUNTY AMBULANCE

d.b.a MIDWEST MEDAIR Regulatory Docket No. FAA

- 20 15

- 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 Admi nistration (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 ap proach 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, m ust 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 weat her 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.2

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

p etitioner 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 Me dAir 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 fo r 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 o perations 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. Howeve r, 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 wou ld 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 t errain (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. Midw est 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 equipp ed 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 § 135.611.3

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 foll owing 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

forecast s 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 moni toring 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 additiona l 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 app ropriate use of available cockpit weather displays (2.0 hours);

and

g. The applicability and use of this exemption (1.0 hours).4

The petitioner states that the actions listed above are currently described in the Midwest MedAir General Operations Manual and A pproved 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 detr imental 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 mea nt 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 s evere 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, thu nderstorm detection equipment in helicopters with a passenger seating configuration, excluding any pilot seat, of 10 seats or more in passenger

carrying operations, under IFR or night VFR when current weather reports indicate that thunderstorms or other po tentially 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 airbo rne 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 de termines 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 limitatio ns 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 previous ly 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 d etection. This5

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 s eeks relief to conduct IFR operations at locations without weather reporting and without this equipment, but with other pre

takeoff planning, risk analysis and flight monitoring measures.

Since issuance of previous exemptions, the FAA published the Helico pter 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 A pril 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, regardles s 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 works heet 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 r equirements 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 les s 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 c an 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 opera tors 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 establish ed 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 no6

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 informa tion 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 i s 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 o ther 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 as signed 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 equipm ent 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 I FR 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) b y 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 t he 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 departu res and IFR approach procedures at airports and heliports that do not have an approved weather reporting source, sub j ec t t o t he

c ond iti ons a nd limit a ti ons d e s cr i b e d b e l ow

.7

Co ndi t i o n s a n d Li m i t a t i o n s

1. The exemption is limited to IFR helicopter air ambula nce 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 t h i s e x e m p ti on i s a u t ho r i z e d on l y a t a i rpo r t s or h e li po r t s w it h a n i ns t r u m e nt

a pp r o ac h p r o ce du r e a nd a t wh i c h a w ea t h e r re po r t i s not a v a il a b l e fr om t he N W S

, a

sou rc e a pp r ov e d by t he N W S

, or a sou rc e a pp r ov e d by t he Ad mi n i s t ra t o r

.

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

and the P I C 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 plannin g 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 thundersto rms 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 u se cur rent 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 helipor t, or along the route to be flown for the period of time planned for the flight . Sources include all of the following: AIRMET, SIGMET, C onvective SIGMET, METAR, R egional NEXRAD, NOTAM, PIREP, and TAF or other aviation weather forecast, as appropriate and a vailable.

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 ex emption . 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. F li g ht p l a nn i ng f or I F R f li g h t s c ondu c t e d und e r t h i s e x e m p ti on must include s e l ec ti on of

a n a lt er n a t e a i r po r t t h a t m ee t s t he re qu i re m e n t s of §§ 135.221 a nd 135.223 a nd h a s a n

a pp r ov e d w ea t h e r re po r ti ng sou rc e i n acc o r d a n c e w it h § 135.213.

8. Midwest MedAir m ust amend its FAA

- approved training program as provided in § 135.325 to ensure all pilots conducting IFR operations under this ex emption 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.8

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 operati ng 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 appl icable 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 op era ti ng p r o ce du re s f or l o ca ti ons w it hout w ea t h e r re po r ti ng;

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

d. Use and i nterpretation of NWS c harts

, w ea t h e r r e po r t s, and f o reca s t product s that depict current or forecast thunderstorm activity a s w e l l a s w ea t h e r s er v i ce s, such as p il ot re po r t s, AIRMET s , SIGMET s , live radar feed s, a nd i n

- f li g ht 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. M e t hods f or d e t er mi n i ng w ea t h e r conditions including the presence of severe weather precursors during o bs er v a ti ons by t he p il o t . Th i s m ust i n c l ude m e t hods f or d e t er mi n i ng p re s e nt v i s i b ilit y ( m ea su re d or e s tim a t e d )

, m e t hods f or d e t er mi n i ng

e s tim a t e d ce ili n g s, a nd m e t hods f or w ea t h e r obs er v a ti on us e d by t he NWS

.

Th i s e x e m p ti on t er mi n a t e s on December 31, 2017 , unless sooner superseded or rescinded.

Issued in Washin gton, D

. C

. , on December 24, 2015

.

/s/ John Barbagallo Deputy Director, Flight Standards Service