November 19, 2015

 Exemption No. 13748

 Regulatory Docket No. FAA-2015-2696

Mr. Kevin P. McCord

Chief Pilot

PHI Air Medical, LLC

2800 North 44th Street, Suite 800

Phoenix, AZ 85008

Dear 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 Decision

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 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 operations 

using aircraft 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 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 PHI.

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. 13133 (copy enclosed), the FAA 

found that smaller operators and operators that have not yet established an operations control 
2

center 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. In addition, the FAA 

found that granting an exemption 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 (OCS) 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 weather 

radar or lightning detection equipment.

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 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. §§ 106(f), 40113 and 44701, which the FAA 

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

§ 135.611(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 approved 

weather reporting source in helicopter air ambulance operations using aircraft 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, subject to the conditions and limitations described 

below.

Conditions and Limitations:

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

PHI (operating certificate 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 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 national 

weather service (NWS), a source approved by the NWS, or a source approved by the

Administrator.

3. When conducting operations under the provisions of this exemption, PHI and the pilot 

in command (PIC) 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 

Condition and Limitation No. 8 of this exemption must participate in the IFR preflight 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 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 

a PHI OCS or other PHI 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 pilot 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. PHI must 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 OCS or 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;
4

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 November 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosure