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John Dillman

Chief Pilot

PMI Global Services Inc.

180 Airport Road

Hangar D-2

Westchester County Airport

White Plains, NY 10604

May 21, 2014

U.S. Department of Transportation

Docket Management System

400 7th Street SW, Plaza 401

Washington, DC 20591-0001

Ladies and Gentlemen:

 In accordance with the Federal Aviation Regulation (FAR) 11.63 and 11.83, PMI Global 

Services Inc. hereby petitions the Administrator for an exemption, or other appropriate 

regulatory relief, from FAR 91.211(b)(1)(ii) (which requires that one pilot crewmember wear 

and use an oxygen mask while above flight level 410). This relief is being sought for domestic

and international operations for our company aircraft equipped with quick-donning oxygen 

masks and equipped with Automatic Emergency Descent Mode (EDM) while conducting 

operations under FAR Part 91.

Section of the FAR Affected

 Section 91.211(b)(1)(ii) states: At flight altitudes above flight level 350 unless one pilot at 

the controls of the airplane is wearing and using an oxygen mask that is secured and sealed and 

that either supplies oxygen at all times or automatically supplies oxygen whenever the cabin 

pressure altitude of the airplane exceeds 14,000 feet (MSL), except that the one pilot need not 

wear and use an oxygen mask while at or below flight level 410 if there are two pilots at the 

controls and each pilot has a quick-donning type of oxygen mask that can be placed on the face 

with one hand from the ready position within 5 seconds, supplying oxygen and properly 

secured and sealed.

Requested Exemption

 Proposed Change: (ii) “At flight altitudes above flight level 350 unless one pilot at the 

controls of the airplane is wearing and using an oxygen mask that is secured and sealed and 

that either supplies oxygen at all times or automatically supplies oxygen whenever the cabin 

pressure altitude of the airplane exceeds 14,000 feet (MSL), except that the one pilot need not 

wear and use an oxygen mask while at or below flight level 450 if there are two pilots at the 

controls and each pilot has a quick-donning type of oxygen mask that can be placed on the face 
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with one hand from the ready position within 5 seconds, supplying oxygen and properly 

secured and sealed”.

Background

 PMI Global Services Inc. is a corporate flight department based in White Plains NY. We 

currently own and operate 2 Gulfstream 550’s. Although our company headquarters is based in 

New York City, a majority of our flying is outside the United States. Approximately 95% of our 

schedlued trips are long international trips flying throughout the world. We employ a staff of 10 

full time, fully trained pilots. (There are never any unfamiliar contract pilots used as 

crewmembers on any of our company aircraft). Each company pilot is sent to Flight Safety 

International every 6-8 months for recurrent ground school and simulator training, to include 

demonstrating a Manual Emergency Descent:
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 In the current aviation industry, I am fairly confident that most aviation professionals would 

agree that FAR 91.211(b)(1)(ii) is probably one of the most abused and ignored regulations. It is 

very difficult for the FAA to monitor and enforce such a regulation. Unless the FAA is present in 

the cockpits of aircraft flying above flight level 410, I find it extremely difficult for the FAA to 

determine the extent to which this regulation is being disregarded. With the exception of PMI 

Global Services Inc., I see limited compliance to this regulation and I also see no real attempt by 

the industry to change the rule. Until such a time when the major airlines begin to operate their 

aircraft above flight level 410 on a regular basis, and at such a time when crewmembers are in 

fear of being violated by ignoring this regulation, I see very few operators requesting relief from

a regulation they disregard. PMI Global Services Inc., however, does follow this regulation and 

that is why we are seeking an exemption and not a rule making change.

 I have spent a considerable amount of time researching the specific reasons for the FAA to 

deny similar exemptions to this regulation in the past. In considerations of those denials, and 

after you have had the opportunity to review this request, I am confident that PMI Global 

Services Inc. is not only unique within the aviation community, but takes great strides to 

surpass the safety aspects that FAR 91.211(b)(1)(ii) was meant to establish.

 

What makes PMI Global Services Inc. unique in the industry is 2 reasons: 

 1) On each and every passenger carrying leg, we fly with 4 crewmembers (2 Pilots, 1 Flight 

Technician, and 1 Flight Attendant). The flight technician occupies the jump seat for every flight 

he/she is on. The jump seat on the Gulfstream 550 is located behind and directly between the 

pilot seats. The jump seat is equipped with its’ own quick donning oxygen mask that can be 

placed on the face with one hand from the ready position within 5 seconds, supplying oxygen 

and properly secured and sealed. In the very unlikely event that a pressurization emergency

were to occur, the flight technician is fully trained and capable of not only donning his/her own

oxygen mask, but he/she can assist either pilot in donning their mask if required to do so. 

Having this third flight deck crewmember in the cockpit is an added safety benefit on every 

flight (third pair of eyes, situational awareness, trained maintenance technician who can offer 

assistance in decision making, etc.). Should an emergency occur, and if required, the flight 

technician also has a fully functional Audio Control Panel and headset available to him/her at 

the jump seat to assist with communications. (Each flight technician is annually trained by our 

company Standardization Pilot on how to operate all of the equipment available to him/her at 

the jump seat location). 

 2) We do not flight plan our Gulfstream 550’s above flight level 410. We will only fly above 

flight level 410 when circumstances dictate, i.e. weather, turbulence, and fuel range 

considerations. Once we are clear of any weather related situations, we will again descend back 

down to flight level 410 or below. The main reason for not flying above flight level 410 is FAR 

91.211(b)(1)(ii). Since most of our trips are a very long duration, we would rather fly at or below 

flight level 410 than wear an oxygen mask for an extended period of time as required by the 

current regulation. It is for this reason that, instead of requesting a change to the rule for the 

industry, we request an exemption to the rule for our operation. 
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 We have found that wearing and using an oxygen mask for long periods of time actually 

reduces some of the safety factors associated with long international trips. For each leg of our 

trip we reference our Safety Management System (SMS) Flight Risk Assessment Table to 

determine risk factors directly related to the aircraft operation. Once we determine factors 

affecting the levels of risk we discuss ways to mitigate and lower those risks. We have identified 

numerous areas where wearing an oxygen mask for prolonged duty time has a negitive effect 

on the pilots ability to perform his/her functions. Being constantly “tethered” to the oxygen 

hose presents difficulties. Difficulties such as: communication, fatigue, eating, drinking water to 

stay hydrated, inability to properly scan and difficulty reaching certain cockpit items. One way 

to mitigate these risks would be to request an exemption to FAR 91.211(b)(1)(ii) and have the 

ability to fly up to and including flight level 450 without having to wear and use the oxygen 

mask while under certain conditions. These conditions will be addressed in this document.

Equivalent Level of Safety

 Public Interest

 FAR 91.211(b)(1)(ii) was written and established many years ago and prior to the newer 

more modern business jets operated today. This regulation directly impacts the altitudes at 

which aircraft will fly since many operators limit their maximum ceiling to FL410 in an effort to 

avoid having to wear and use oxygen masks for prolonged use. It is fairly evident that jets 

operate much more efficiently at higher altitudes. There are many advantages to the operator, 

as well as the general public, to operate these aircraft at higher altitudes. The aircraft engines 

are more fuel efficient and therefore will burn less fuel, the range of the aircraft is extended 

due to consuming less fuel, passengers have more opportunity for direct flights (better fuel 

economy), and less congested airspace by encouraging aircraft to fly higher. Finding ways to 

operate more efficiently by consuming less fuel and eliminating the amount of harmful gases 

expelled into the atmosphere is certainly in the public interest. Not only would this exemption 

benefit the general public in these areas, it would do so without compromising their safety in 

any way. 

 Aircraft Considerations

 The Gulfstream 550 is capable of cruising up to an altitude of flight level 510. The FAA type 

certification of the airframe and systems results in a very “highly improbable” decompression 

failure rate up to and including its’ service ceiling. The Gulfstream 550 is equipped with four 

mitigators to reduce the likelihood and risk of decompression. They are:

A. Automatic Emergency Descent Mode (EDM) – The autopilot has an automatic EDM 

mode that is armed any time the airplane altitude is greater than 40,000 feet with the 

autopilot selected ON. When the “Cabin Pressure Low” warning message illuminates on 

the Crew Alerting System (CAS) (usually 8000 feet cabin pressure), with the airplane 

above 40,000 feet and autopilot ON, the following occurs:

1) Speed target changes to 340 KCAS in manual mode.
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2) The altitude is preselected to 15,000 feet.

3) The autopilot commands a left turn with a 90 degree heading change.

4) The autothrottle retards power to idle. (If autothrottles are not engaged, they will 

automatically be engaged).

5) The airplane descends at Mmo / Vmo to 15,000 feet.

6) At 15,000 feet, the speed target changes to 250 KCAS.

With EDM installed, the pilots are not preoccupied by having to perform this

“automatic” manuever necessary to initiate and sustain an emergency descent. The 

pilots’ immediate and initial focus can be to quickly don his/her oxygen mask.

(Passenger masks will deploy automatically).

B. The Gulfstream 550 is equipped with Quick-don Oxygen Masks. Each crewmember is 

trained and evaluated every 6-8 months to don their mask within 5 seconds. (Flight 

Safety International).

C. The Gulfstream is equipped with an Aft Bulkhead Door (internal baggage door) – this 

door creates a dual hull, protecting the cabin from two most likely causes of 

decompression: 1) a castastrophic engine failure resulting in a puncture of the aft 

baggage area, or 2) the external baggage door opens (or seal deflates). In either case, 

the cabin remains fully pressurized.

D. The Gulfstream 550 has a “Cabin Pressure Low” warning system. A red message light 

will illuminate and three chimes sound when the cabin pressure exceeds a 

predetermined value (usually 8000 feet cabin altitude). 

The Gulfstream 550’s pressurization system is critical to passenger and crew safety. Therefore, 

the system components are highly redundant making a failure of the system very unlikely. The 

Thrust Recovery Outflow Valve (TROV) may be operated by any of three (3) electrical actuators 

(motors), two powered by 115V AC current and the other by 28V DC current. The Cabin 

Pressure Controller (CPC) electrically controls the TROV and has three separate modes of 

operation (auto, semi-automatic and manual). The CPC also has two control channels available 

in the unlikely event one were to fail (redundancy).

Justification

 Oxygen Masks and Systems

 Oxygen masks and systems were designed primarily to be used in the event of an 

emergency – not for prolonged use. Back when FAR 91.211(b)(1)(ii) was first established, there 

were fewer aircraft capable of prolonged flight above flight level 410. The requirements for one 

pilot to wear and use oxygen above flight level 410 results in a 17 % system depletion during an 

8 hour cruise leg. (Many of our trips exceed 8 hour legs). This decreases the oxygen available 

during an actual emergency, such as smoke or fumes in the cockpit, or a pressurization 

malfunction. In addition, PMI Global Services Inc. travels to locations considered to be very 
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remote, where servicing of the oxygen system is sometimes unavailable or the equipment 

deemed unreliable or questionable. We also fly many long legs over open water where having 

oxygen available for an actual emergency is crucial since landing the aircraft is not always an 

option.

 All PMI Global Services Inc. crewmembers (including flight technicians and flight attendants), 

have all been trained in an approved altitude chamber training course and are able to identify 

and recognize the sysmptoms associated with hypoxia. 

 Human Factors

 Flying at flight level 450 without one pilot on oxygen is not accepting a higher level of risk 

than operations currently at flight level 410. Considering the Gulfstream 550, the Automatic 

Emergency Descent Mode and the Cabin Pressure Low warning system, the pilot’s reaction time 

is quicker and his/her actions are fewer than in other aircraft. The time of useful consciousness 

(TUC) is documented to be 9 to 12 seconds from FL410 up to FL 450 (Civil Aerospace Medical 

Institute (CAMI)). One of the pilots need only don his/her mask within the TUC while the 

aircraft begins the emergency descent. We train for this very scenario and don the mask well 

within the TUC at FL450. Even if both pilots, along with the flight technician, were to experience 

a brief loss of useful consciousness (unlikely for all 3 crewmembers), the Gulfstream 550 will 

still initiate an emergency descent to a safe altitude. 

The TUC is 12 to 15 seconds at FL450, as shown on the following chart:

Time of Useful Consciousness (P. Sheffield and R. Heimbach)

Hypoxia (OGHFA BN) Human Factors – Flight Safety Foundation – EUROCONTROL

Operator’s Guide to Human Factors in Aviation

 Unlike airline cockpits, the crew of the Gulfstream 550 is in full view of the passengers 

during flight. When we have had to don our masks while flying above FL410, it has been a cause 

of great concern and anxiety to our passengers. The passengers almost always think that the 

aircraft is experiencing some sort of emergency and often ask why oxygen is not available to 
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them in this situation. The aircraft is not in an emergency situation above FL410 and it has been 

shown that the TUC between FL410 and FL450 is virtually the same. In addition, the time it 

takes the pilots to don a mask (between FL410 & FL450) is well within the TUC of both altitudes. 

 Fatigue has become a major factor in recent aircraft accidents/incidents and has been cited 

as a contributing factor (11%) in 12 of the 109 events stated in a report by ARG/US during 

unstabilized approaches at the end of a flight. Wearing and using oxygen for extended periods 

of time tends to fatigue the pilot tremendously. Lack of mobility and communication also factor 

in to the situation. Wearing these masks has also contributed to the spread of germs and viral 

infections among users. The very wipes that are specifically designed for the cleaning of cockpit 

oxygen masks have been shown to be an extremely ineffective means of disinfecting the masks.

Considerations of Exemption

 With acceptance of this requested exemption, PMI Global Services Inc. will mandate the 

following additional restrictions be enacted when flying above FL410 up to and including FL450:

1) Autopilot must be engaged and functional

2) Auto-Throttles must be engaged and functional

3) The internal baggage door must remain closed. (If access into the baggage area is 

necessary, then one pilot will wear and use his/her oxygen mask).

4) One pilot must wear and use his/her oxygen mask in areas where the flight will be 

over terrain greater than 14,000 feet.

5) Flight Technician must be seated in the jump seat. If the Flight technician is not in 

the jump seat, then one pilot will wear and use his/her oxygen mask.

Summary

 PMI Global Services Inc. is requesting an exemption to FAR 91.211(b)(1)(ii). We have a

tremendous regard for safety and at no time would we ever endeavor to jeopardize our 

crewmembers, passengers or the general public in any way. As shown by the attached IS-BAO 

certification letter, PMI Global Services Inc. has achieved a level of safety and service that is 

considered one of the best in the industry. I have analyzed all of the data, consulted with 

aviation safety experts, considered all of the scenarios, and believe that granting this exemption 

will in way no increase the risk by being able to raise the altitude of FAR 91.211(b)(1)(ii) from 

FL410 to FL 450. 

 I understand that, in the past, the FAA has: “determined that granting further exemptions 

from the current rule is not appropriate. Should the FAA determine that it is appropriate to 

allow the relief requested, it will take appropriate action to change the rules rather than issue 

as exemption so that all persons may benefit from such a change”. I ask that the FAA take into 

consideration that not “all” aircraft and operators have the same level of safety, technology and 

training throughout the industry. All aircraft that are capable of flying above FL410 are vastly 
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different, as is their level of technology. Clearly an aircraft that has a technological advantage, 

such as Automatic Emergency Descent Mode (EDM), should be major consideration as to 

whether or not to grant an exemption to this rule. PMI Global Services Inc. has taken steps

(outlined in this document) to minimize any risks associated with requesting an exemption to 

this rule. Changing the rule “so that all persons may benefit from such a change” seems 

unlikely, unless the FAA were to mandate exactly what is required in order to benefit from this 

change. This request from PMI Global Services Inc. lists specific aircraft equipment, standards, 

mitigators to reduce risk and additional self- imposed restrictions - all with the specific objective 

to reduce any and all concerns associated with granting this requested exemption. The main 

purpose of our organization is to transport our customers (the general public) in the safest, 

most efficient means possible. Granting this exemption will greatly benefit our portion of the 

general public by cutting cost, saving time, saving fuel and by being able to more efficiently 

operate our aircraft without sacrificing safety in any way. 

Thank you very much for your consideration. Please feel free to contact me if any additional 

information is required.

Regards,

John Dillman

Chief Pilot

PMI Global Services Inc.

180 Airport Road

Hangar D-2

Westchester County Airport

White Plains, NY 10604

(914)288-3122 (w)

(917) 834-7244 (c)

John.dillman@pmi.com
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April 17, 2014

Mr. James West

Director Aviation Services 

PMI Global Services, Inc. 

Philip Morris International

180 Airport Road, Hangar D-2

White Plains, NY 10604

Dear Jim,

Mr. Ted Mendenhall and I recently completed the International Business Aviation 

Council International Standard for Business Aircraft Operations (IS-BAO) Stage III 

Renewal Audit of the PMI Global Services Inc. Aviation Services department. This 

letter is written to commend you and your organization on this significant 

achievement.

It is our opinion that the PMIGS Aviation Services department's approach to safety is 

among the best we have observed during many years of IS- BAO Audits.

Noteworthy, is the level of involvement of all of your employees in the PMI safety 

management process, and the conservative approach to safety taken at all levels of 

your organization. Also the demonstrated effective use of flight data monitoring to 

assure continued safe flight operations is worthy ofspecial mention.

The IS-BAO Stage III renewal certification signifies that your organization operates 

to, and complies with, the highest international standard in corporate flight 

operations. PMI, in our opinion, belongs among those at the top of a very select 

group that achieve this certification.

Very Truly Yours,

Reinhard E. Bauer

Aviation Systems Auditor

CompAv Technical Services, LLC 

P.O. 2734

Conway, New Hampshire 03818

Cell: (860) 614-0138 

compav07@aol.com

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