Re: Petition of Air Methods Corporation for Exemption from 14 CFR Part 120 and 49 CFR Part 40 

Air Methods Corporation (Air Methods) hereby petitions the FAA pursuant to14 CFR § 11.61(b) 

and § 11.81 for an exemption from certain provisions of 14 CFR Part 120 and 49 USC Part 40 in 

anticipation of the integration of Tristate Careflight, LLC (TSCF) to a single Air Methods 

Corporation Operating Certificate. As set forth in 14 CFR § 11.81, Air Methods provides the 

following information in support of this petition. 

(a) Contact Information: 

John P. Hargleroad 

Anti-Drug and Alcohol Program Manager Air Methods Corp 

3131 South Vaughn Way, Suite 650 

Englewood, CO 80112 

Off: 303-264-2907 

Fax: 303-749-1383 

Dennis R. McCall 

Director of Operations 

Air Methods Corp 

7301 S. Peoria St. 

Englewood, Co 80112 

Off: 303-792-7493 

Fax: 303-792-7568 

(b) The specific provision of 14 CFR from which Air Methods seeks exemption and a brief 

description of each requested exemption. 

Air Methods completed its acquisition ofTSCF on January 19, 2016. TSCF will continue to 

operate under its FAA Operating Certificate as a subsidiary of Air Methods pending the phased 

migration of all covered TSCF employees to the Air Methods Operating Certificate. Upon 

completion of that process, targeted for or soon after January 19, 2016, the TSCF Certificate will 

be surrendered to the FAA and the combined operations will continue under the Air Methods 

Operating Certificate. Air Methods seeks an exemption from the following federal regulations to 

address the needs of safely migrating TSCF employees to the Air Methods certificate: 

Request Regulation Regulation Subject Description 

Number Part Subpart/Section 

1 14 CFR Part 120.109(a) Pre- Permanently exempt TSCF 

120 Employment employees under the current 

Testing TSCF Operating Certificate 

from pre-employment drug 

testing requirements. This 

exemption would take effect 

immediately upon issuance 

and apply when, prior to 

7211 S. PEORIA I ENGLEWOOD, C080112 I 303.792.7400 I AIRMETHODS.COM 
120 Prohibited Drugs employees covered under 

the current TSCF Operating 

Certificate from preemployment drug testing 

requirements. This 

exemption would take effect 

immediately upon issuance 

and apply when, prior to 

completion of the entire 

phased transition process, an 

employee is migrated, as 

appropriate, from the TSCF 

Operating Certificate to the 

Air Methods Operating 

Certificate. 

3 14 CFR Part 120.109(d) Testing Based Temporarily modify the two 

120 on Reasonable supervisor/one trained 

Cause supervisor requirement for 

reasonable cause 

assessments. This exemption would permit 

supervisors, as appropriate, 

from either the Air Methods 

or TSCF Operating 

Certificate to concur on 

reasonable suspicion/cause 

testing, prior to completion 

of the migration ofTSCF 

employees to the Air 

Methods Operating 

Certificate. Temporary relief 

is requested effective 

immediately. 

4 14 CFR Part 120.1ll(c) Release of Drug Temporary relief is 

120 Testing requested from 

Information confidentiality restrictions 

allowing full sharing of 

personnel information 

between Air Methods and 

TSCF, effective immediately until 

completion of the migration 

of TSCF employees to the 

2 
testing infonnation. 

5 14 CFR Part 120.115(b) EAP Education Temporary relief is 

120 Program requested from the 

requirement for display and 

distribution of informational 

material and community 

service bot-line telephone 

numbers for employee 

assistance, including the 

requirement to redistribute 

the employer's policy 

regarding drug use in the 

workplace, effective 

immediately and for one 

calendar year after 

completion of the migration 

ofTSCF employees to the 

Air Methods Operating 

Certificate. 

6 14 CFR Part 120.115(c) EAP Training Permanently exempt TSCF 

120 Program employees from initial EAP 

training for employees and 

initial supervisory training 

requirements. This 

exemption would take effect 

immediately and apply, 

prior to the completion of 

the entire phased transition 

process, when an employee 

is migrated from TSCF 

Operating Certificate to the 

Air Methods Operating 

Certificate. 

7 14 CFR Part 120.217{d) Reasonable Temporarily modify the one 

120 Suspicion supervisor requirement for 

Testing reasonable suspicion 

assessments. This exemption would permit a 

supervisor, as appropriate, 

from either Operating 

Certificate to direct 

reasonable suspicion testing, 

prior to the completion of 

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requirement that records be 

stored in one location. This 

exemption would permit 

historical records to be 

temporarily stored at 

different locations prior to 

and for one year after 

completion of the migration 

of TSCF employees to the 

Air Methods Operating 

Certificate. 

9 14 CFR Part 120.219(c) Access to Temporary relief is 

120 Records requested from 

confidentiality restrictions 

allowing full sharing of 

personnel information 

between Air Methods and 

TSCF, effective 

immediately until the 

completion of the migration 

ofTSCF employees to the 

Air Methods Operating 

Certificate. This 

information would include, 

but is not limited to, full 

disclosure on preemployment, random, 

follow-up, post accident, 

reasonable cause/suspicion 

testing information. 

10 14 CFR Part 120.223(a) Employer Temporary relief is 

120 Obligation to requested for employees 

Promulgate a covered under either the Air 

Policy on the Methods or TSCF Operating 

Misuse of Certificate from the 

Alcohol requirement to re-distribute 

the employer's misuse of 

alcohol policy. Temporary 

relief is requested effective 

immediately and for one 

calendar year after completion of the migration 

ofTSCF employees to the 

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immediately upon issuance 

and apply when, prior to 

completion of the entire 

phased transition process, an 

employee is migrated, as 

appropriate, from the TSCF 

Operating Certificate to the 

Air Methods Operating 

Certificate. 

12 49 CFRPart 40.25 Drug and Permanently exempt TSCF 

40 Alcohol Testing employees covered under 

Records the current TSCF Operating 

Certificate from drug and alcohol testing record check 

requirements. This 

exemption would take effect 

immediately upon issuance 

and apply when, prior to 

completion of the entire 

phased transition process, an 

employee is migrated, as 

appropriate, from the TSCF Operating Certificate to the 

Air Methods operating 

certificate. 

13 49 CFRPart 40.209 Corrective Temporary relief from 

40 Action enforcement action due to 

lack of documentation of inadvertent administrative 

and quality assurance flaws 

during our migration, 

transition, and crossutilization of administrative 

resources. Temporary relief 

is requested effective 

immediately and for one 

calendar year after 

completion of the migration 

ofTSCF employees to the 

Air Methods Operating 

Certificate, 

14 49 CFRPart 40.275 Corrective Tem

p

orary relief is 

5 
resources. Temporary relief 

is requested effective 

immediately and for one 

calendar year after completion of the migration 

ofTSCF employees to the 

Air Methods Operating 

Certificate, 

15 49 CFRPart 40.321 General Temporary relief is 

40 Confidentiality requested from 

confidentiality restrictions allowing full sharing of 

personnel information 

between Air Methods and 

TSCF, effective 

immediately and until the 

completion of the migration 

ofTSCF employees to the 

Air Methods Operating 

Certificate. This information 

would include, but is not 

limited to, full disclosure on 

pre-employment, random, 

follow-up, post accident, 

reasonable cause/suspicion 

testing information. 

16 49 CFRPart 40.333(d) Records Temporary relief from 

40 Retention producing records at a 

'principle place of business 

in the time required by the 

DOT agency'. Temporary 

relief is requested effective 

immediately and for one 

calendar year after completion of the migration 

ofTSCF employees to the 

Air Methods Operating 

Certificate. 

17 49 CFRPart Subpart Q Service Agents Temporary, general relief 

40 from restrictions of 'service 

agents' is requested so that each air carrier can be 

mutually used as a service 

6 
Air Methods Operating 

Certificate, 

18 49 CFRPart AppendixF Service Agents Temporary, general relief 

40 from restrictions of 'service 

agents' is requested so that 

each air carrier can be 

mutually used as a service 

agent without restriction, 

penalty, or public interest 

exclusion. Temporary relief 

is requested effective immediately and for one 

calendar year after 

completion of the migration 

ofTSCF employees to the 

Air Methods Operating 

Certificate, 

-

19 49 CFRPart Subpart R Public Interest Temporary, general relief 

40 Exclusions from relief from PIE if 

services are not consistent 

with agency regulations. 

Temporary relief is 

requested effective 

immediately and for one 

calendar year after 

completion of the migration 

ofTSCF employees to the 

Air Methods Operating 

Certificate. 

(c) The extent of relief Air Methods seeks and the reasons Air Methods seeks the relief: 

On January 191h 2016, Air Methods completed its acquisition ofTSCF, creating the nation's 

largest air carrier dedicated to air medical services, with close to 4,000 employees and more than 

400 aircraft at nearly 300 bases across 44 states. With the completion of the acquisition, TSCF is 

now a wholly owned subsidiary of Air Methods. The process of integrating TSCF with Air 

Methods operations began immediately upon acquisition, but TSCF will maintain a separate 

operating certificate during a carefully planned transition to the Air Methods Certificate. This 

integration or migration process will take place in planned phases and Air Methods anticipates all 

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This exemption petition is not precedent setting and is in accordance with the FAA

s previous 

grants of exemptions similar in most respects to this request. 

Both Air Methods and TSCF have long-established FAA-approved workplace drug testing 

programs, as required by 14 CFR Part 120, where both air carriers meet or exceed FAA 

regulations. Upon completion of the merger ofTSCF, the Air Methods certificate will include 

approximately 2,100 individuals performing safety related functions operations under the Air 

Methods certificate, with former TSCF-covered employees performing the same functions as 

prior to the acquisition and integration. As established precedent in previous 

acquisitions/mergers, conducting pre-employment drug testing and testing history checks on 

former TSCF employees would not further contribute to aviation safety and would merely serve 

as an unnecessary administrative and financial burden to Air Methods. Ample precedent exists 

for approving this request. 

Precedent also exists for Air Methods' exemption requests concerning education and training of 

employees and supervisors. Due to the strong similarities between the TSCF and Air Methods 

programs, including testing methods, consequences, general awareness, and supervisor training, 

Air Methods requests that all employee education/training be waived entirely, with respect to the 

acquisition and integration, and that all previous TSCF employee qualifications be permanently 

honored once the employees are integrated under the Air Methods certificate. As with the 

exemption for pre-employment testing, the granting of this request would allow for a smooth and 

orderly transition of employees from one operating certificate to the other without the excessive 

burden of treating TSCF employees as "new." Further, honoring the training and education of 

former TSCF supervisory personnel, trained in signs and symptom detection, would create an 

immediate, credible, and effective deterrent throughout the combined operating system. 

Precedent also exists for an exemption to permit the temporary use of supervisors across 

operating certificates. This will permit trained supervisors from either certificate to conduct 

reasonable suspicion/cause assessments on covered employees, regardless of normal operating 

certificate barriers. 

Precedent also exists for the exemption from general confidentiality and administrative rules to 

allow better management of merged, single-source laboratory and MRO resources, as well as the 

sharing of confidential information across the certificates prior to complete integration. This 

information would include, but would not be limited to, full disclosure on pre-employment, 

random, follow-up, post accident, reasonable cause/suspicion testing information. In addition, the 

granting of an exemption allowing the correction of minor administrative errors will greatly 

enhance safety by allowing separate program managers to make corrections and re-route test 

results to appropriate certificate files. The intention of all of the requests in the preceding table is 

to allow a reasonable, common sense cross-utilization of resources prior to and immediately after 

complete integration of the two certificates unencumbered by normal certificate barriers. 

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(d) The reasons why granting Air Methods

 request would be in the public interest: 

Air Methods believes granting this request for relief would be in the public interest. Current 

TSCF employees who perform safety sensitive functions have been screened for substance use 

and are subject to a robust, ongoing, and comprehensive FAA- approved testing program. The 

public interest thereby is already served by ensuring active substance abusers are detected and 

prevented from performing safety-sensitive functions. Further, TSCF employees who perform 

safety-sensitive functions have been screened for any prior drug and alcohol testing violations at 

actual and potential employers. TSCF processed these history checks, consistent with 49 CFR 

§40.25. Therefore, all appropriate steps have been taken by TSCF to screen employees based on 

their previous testing records. 

Air Methods, TSCF and the FAA are investing significant resources to ensure a seamless 

transition during the certificate integration process for the safety of passengers, crews, and the 

general public. Air Methods and TSCF are sharing information, procedures, and processes as the 

transition advances toward complete integration. This safety collaboration will permit currently 

separate program administrators to experience best practices and make adjustments upon full 

integration of operations. The public interest will be best served to permit common sense, 

practical exemptions from the regulations. 

(e) The reasons why granting the exemption would not adversely affect safety, or how 

the exemption would provide a level of safety at least equal to that provided by the rule 

from which Air Methods seeks the exemption: 

In addition to the safety issues discussed above, the exemption would provide a level of safety at 

least equal to or greater than provided by the rule because TSCF employees who perform safety 

sensitive functions already have been, and continue to be, screened for substance use through 

testing and checks for prior employment-related drug and alcohol testing violations. TSCF 

completed the drug testing and required checks consistent with federal procedures. 

(f) A summary the FAA can publish in the Federal Register, stating: (1) The rule from 

which from which Air Methods seeks the exemption; and (2) A brief description of the 

nature of the exemption Air Methods seeks: 

The FAA has previously issued several grants of exemption in the case of air carrier 

acquisitions/mergers in which individuals were permitted to migrate from one operating 

certificate to the other without performing pre-employment testing. Air Methods' requests for 

relief from pre-employment testing do not differ materially from those grants. 

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detrimental to Air Methods efforts to smoothly and efficiently integrate the two certificates. Air 

Methods further contends that good cause exists for waiving the requirement for a 120-day 

advance notice of request and associated Federal Register publication, in accordance with 14 CFR 

§ 11.87. Air Methods also contends that there would be no risk to safety and the public interest 

would be served by expediting this request. 

Air Methods has filed in a timely manner, as soon as possible after completion of the acquisition 

ofTSCF. As no precedent would be set by granting this request for exemption, Air Methods 

specifically requests the FAA to make a final decision on this petition no later than February 

19th, 2016, so that transition and integration may proceed as smoothly as possible. 

(g) If Air Methods wants to exercise the privileges of the exemption outside the United 

States, the reasons why we need to do so. 

Air Methods is not seeking to exercise the privilege of the exemption outside of the United States. 

If you require any further information, please contact John P. Hargleroad, Anti-Drug and Alcohol 

Program Manager at john.hargleroad@airmethods.com or (303) 264-2907. Thank you in 

advance for your positive consideration of our request. 

ohn P. Hargleroad 

Anti-Drug and Alcohol Program Manager 

Air Methods Corporation 

~!r

tb 

Director of Operations 

Air Methods Corporation 

Cc: Vicky Dunne, Program Policy Branch Manager, FAA 

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