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 ex emption 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 FAA2

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 advers ely 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 ope rations using aircraft without functioning severe weather detection equipment (airborne ra dar 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 approve d 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.3

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 TA F 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 conduc ted 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;4

b. IFR operating procedures for loca tions 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 depic tions 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 th e pilot. This must include methods for determining present visi bility (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