AFS-16-0002-E 

June 30, 2016 

 Exemption No. 17017 

 Regulatory Docket No. FAA-2016-5028 

Mr. Thomas Klassen 

Director of Operations 

HALO-Flight 

1843 FM 665 

Corpus Christi, TX 78415 

Dear Mr. Klassen: 

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 March 15, 2016, you petitioned the Federal Aviation Administration (FAA) 

on behalf of HALO-Flight (HALO) for an exemption from § 135.611(b) of Title 14, Code of 

Federal Regulations (14 CFR) to allow HALO 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 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 HALO. 

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. 14075 (copy enclosed), the FAA 
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found that smaller operators and operators that have not yet established an Operations Control 

Center (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. 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 to Operations Control Specialists (OCS) or personnel assigned to monitor 

operations in conveying thunderstorm reporting and forecasting to flight crews to ensure 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. 14075; 

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 14075 

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, HALO-Flight is granted an exemption from § 135.611(b) 

of Title 14, Code of Federal Regulations (14 CFR) to allow HALO 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 following 

conditions and limitations. 

Conditions and Limitations: 

1. The exemption is limited to IFR HAA operations conducted by HALO (operating 

certificate H7FA950Y) 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, HALO and the 

pilot in command (PIC) must comply with §§ 135.611(a), (c), and (d) as applicable. 
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4. The PIC and HALO 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 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 

sources, as appropriate and available. 

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

HALO 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. HALO must amend its FAA-approved training program as provided in § 135.325 to 

ensure all pilots conducting IFR operations under this exemption and all HALO 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. 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; 
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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 products that 

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 July 31, 2018 unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 

Enclosure