November 19, 2015

Exemption No. 13748

Regulatory Docket No. FAA

- 201 5

- 2696

Mr. Kevin P. McCord

Chief Pilot

PHI Air Medical, LLC

2800 North 44 th Street , Suite 800

Phoenix, AZ 85008

De ar Mr. McCord :

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 Deci sion

By letter posted to the docket on July 2 , 2015

, you petitioned the Federal Aviation

Administration (FAA) on behalf of PHI Air Medical , LLC ( PHI ), for an exemption from

§ 135. 611 (b) of Title 14, Code of Federal Regulations (14 CFR) to allow PHI to cond uct

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

that do not have an approv ed weather reporting source in helicopter air a mbulance operations

using aircraft without functioning severe weather detection equi pment (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 FAA has determined that good cause exists for not publishing a su mmary 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 PHI

.

The FAA has issued a grant of exemption in circumstances similar in all material respects to

those presented in your petiti on. In Grant of Exemption No

. 13133 (copy enclosed), the FAA

found that smaller operators and operators that have not yet established an operations control2

center can establish flight monitoring capabilities util izing 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. In addition, the FAA

found that granting an exempt ion from the requirement for onboard severe weather detection

equipment would not adversely affect safety if the operator provides appropriate training in

conveying thunderstorm reporting and forecasting to flight crew and operational control

specialist ( O CS ) or personnel assigned to monitor operations to ensure that the exemption is

utilized only when there is no reasonable expectation of thunderstorms or other potentially

hazardous weather that could otherwise be detected along the route with onboard weat her

radar or lightning detection equipment.

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

—

• they do no t differ materially from those presented by the petitioner in the enclosed G rant

of e xemption No. 13133 ;

• the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 13133

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. §§ 1 0 6 (f), 40113 and 44701, which the FAA

Admi nistrator has delegated to me, PHI Air Medical , LLC is granted an exemption from

§ 135.6 11(b) of Title 14, Code of Federal Regulations (14 CFR) to allow PHI to conduct IFR

departures and IFR approach procedures at airports and heliports that do not have an approv ed

weather reporting source in h elicopter a ir a mbulance operations using aircraft without

functioning severe weather detection equipment (airborne radar or lightning strike detection

equipment) when there is no reasonable expectation of severe weath er at the destination, the

alternat e, or along the route of flight

, subject to the conditions and limit ation s described

below.

Conditions and Limitations :

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

PHI (operating ce rtificate VE7A070N ) 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 r po 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 national

weather service ( 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 exemption, PHI and the pilot

in comm and ( P I C ) must comply with §§ 135.611(a), (c), and (d) as applicable.3

4. The PIC and either a PHI OCS or other PHI personnel who satisfy the requirements of

C ondition and L imitation No. 8 of this exemption must participate in the IFR pre

flight planning and risk analysis requied by § 135.617 for the purpose of assessing the

probability of severe weather. If the PIC or either the OCS or personnel who satisfies

the requirements of condition and limitation eight, 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 exemptio n 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 airp ort 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, C onvective SIGMET, METAR,

R egional NEXRAD, NOTAM, PIREP, and TAF or other aviation weather forecast, as

app ropriate and available.

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

a PHI OCS or other PHI personnel w ho satisfy the requirements of Condition and

L imitation No. 8 of this exemption. Any information concerning thu nderstorms and

severe weather must be provided directly to the pilot 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 p o 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. PHI m ust amend its FAA

- approved training program as provided in § 135.325 to ensure

all pilots conducting IFR operations under this exemption and all PHI OCSs or other PHI

personnel reviewing risk analyses and monitoring flights satisfactorily complete additional

initial and recurrent training, checking and testing prior to operating under the provisions

of this exemption. 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 OCS or other 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 OC S or 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;4

c. IFR flight planning considerations for thunderstorms and conve ctive activity;

d. Use and interpretation of NWS charts, w ea t h e r r e po r ts, 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, AIRMETS, SIGMETS, live radar feeds, 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 penetrat ion 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 obs er v a ti ons by t he pil 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 i lit 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

.

This exemption terminates on November 30 , 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosure