4933 Bailey loop McClellan. CA 95652 916.921.4000 To ll-Free Membership line: 888.207.LIFE CALSTAR 1 CAL STAR 3 CALSTAR 5 CALSTAR CALS R 177 John Glenn Dr. 13750 Lincoln Way 

# r: 37 Mortensen Ave. 3996 Mitchell Rd. 5835 Price Ave

. Concord, CA 94520 Auburn, CA 95603 Salinas. CA 93905 Santa Maria, CA McClellan. CA 95652 925

. 798.7670 530.887.0569



### ~ 408

. 848.2075 93455 916.925.0359 805.938.9038 c.At.S.-4R CAL.-., 4 C.ALS R 540 Cohansey Ave. 1351 S. State St. 

# CALSTA 1901 Airport Blvd. STA Gilroy, CA 95020 Ukiah

. CA 95482 S. lake Tahoe, CA 408.848.2075 707.462.5972 96150 530.544.2338


### March 1, 201 U. S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12-140 1200 New Jersey Avenue, SE Washington, DC 20590

Dear Sirs 301 County Airport Rd. Vacaville, CA 95688 925.798.7670



### On October 8, 2015, the AFS 200 office ofthe FAA issued the attached exemption to Calstar for relief from 135.611(b). This exemption is valid until October 31 , 2017. Since the Executive Branch has issued an executive order freezing all regulatory actions by government agencies, our expectation that the issue which generated the need for the exemption will not be resolved prior to our expiration date. Therefore, Calstar Air Medical Services LLC (STRA2901) respectfully requests that we be granted a two year extension to our existing exemption (13133). Thank you for your consideration. Should you have any questions, I may be reached at my office 916-921-4029 or cell608-220-1760. Sincerely

ScottTish Director of Operations Enclosure

CALSTAR.ORC I Critical Care in MotionExemption No. 13133 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of CALIFORNIA SHOCK TRAUMA AIR RESCUE for an exemption from§ 135.611(b) of Title 14, Code of Federal Regulations Regulatory Docket No. FAA -2015-1868

GRANT OF EXEMPTION By letter dated May 18 , 2015, Mr. Scott Tish , Director of Operations, California Shock Trauma Air Rescue (CALSTAR), 4933 Bailey Loop, McClellan, California, 95652, petitioned the Federal Aviation Administration (FAA) on behalf of CALSTAR for an exemption from § 135.611(b) ofTitle 14, Code ofFederal Regulations (14 CFR). The proposed exemption, if granted , would allow CALST AR 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 al ternate , or along the route of flight. The petitioner requests relief from the following regulation: Section 135.6ll(b) prescribes that certificate holders authorized to conduct IFR helicopter air ambulance operations at airports with an instrument approach procedure and at which a weather report i s not available from the U

. S. National Weather Service (NWS), a source approved by the NWS, or a source approved by the FAA, must be equipped with functioning severe weather detection equipment. The petitioner supports its request with the following information: CALST AR petitions for an exemption from 

### § 135.611 (b) in order to conduct IFR operations at locations without weather reporting in helicopters without functioning severe weather detection equipment. It seeks to exercise this relief in its HAA operations with helicopters that have a passenger seating configuration of nine seats or less.
AFS

- 15-1934-E



### -------CALST AR emphasizes that the exemption would apply only when current weather reports indicate that thunderstorms or other potentially hazardous weather conditions are not reasonably expected to exist at the de stination or at the alternate airport at the estimated time of arrival (ETA). The petitioner s tates that its pil ots w ill use all available weather pr oducts during preflight planning (i.e. , RotorWatch, Dir ect User Access Terminal, Aviatio n Digital Data Service, and any other NWS data) to determine that severe weather does not exist and is not forecast to exist at the de stination or at the alternate at the ETA. In addition, CALST AR hi ghli ghts th at its Flight Risk Assessment Tool (FRAT) will be structured to identify any IFR op eration to a de stination and alternate where the pot ential for severe weather exists

. T he petitioner adds that constant monitoring and continued ri sk mitigation with the certificate holder
or the CALST AR Operational Control Center (OCC) will be req uir ed prior to and during flig ht ifthat risk i s identified and, if the ri sk cannot be mitigated, the flight will be declined or aborted. CALSTAR b e lieves that a grant of exemption will maintain an equivalent level of safety to 

### § 135.6ll(b). The petitioner state s that, i f allowed, the exemption w ill help avoid the potential for controlled flight into terrain (CFIT) accidents caused by pilots trying to remain in v isual meteorological conditions (VMC) when the weather is clearly instrument meteorological conditions (IMC ). CALSTAR asserts that the purpose of§ 135.611 is to facilitate IFR operations and re sult in more aircraft operati ng in a positively controlled environment, thereby in cre as ing safety for HAA operations. CALSTAR contends that a grant of exemption would b e consistent with the safety goal of§ 135. 61 1 because preflight planning and risk assessment , weat her interpretation trai ning for its pil ots and Operations Contro l Specialists (OCS) , and constant op era tional control over si ght and fl ight monitor ing would mitigate the ri sk of operations in areas of sever e wea ther. CALST AR maintains it is in the public's best interest to utilize the IFR infrastructure to the fullest extent possible by allowing access to all Intrument Approach Procedures (lAP) in acc ordance with§ 135.61l(a), (c), and (d) , re ga rdl ess of the weat her reporting capabilities at the landing sit e . T he petitioner contends that 

### it is safer to fil e an IFR fli ght plan and to operate under IFR than to conduct operations und er marginal v isu al flight rule (MVFR) conditions. CALST AR believes that the exemption sou ght would allow IFR opera tion s m ore often, thereby minimi z in g MVFR operations and incre flsirl g safety.
In addition , CALST AR maintains that a grant of exemption woul d serve the public interest by
all owin g greater access to HAA assets that can expedite the air transportation of patients directly to a specialty care facility. CAL S TAR states that it operates in an environment cha ll enged by the visibi lit y and ceiling limitations of stratus and marine layer cloud cover

**o~** a cons i stent bas is . Fur ther , the petitioner ex plains that denial of a patient's access to specialty

**~are** in the necessary timeframe by restricting IFR operation s in weather that generally does not include any severe or convective activit y, such as t h ese strat u s or marine layer s, is cont rary to the public's best intere st. The petitioner concludes that a grant of exemption will avoid the delay of transporting patients through ground transportation by allowing flight in wea ther conditio n s that would benefit from an IFR flight plan , whil e st ill avoiding flight in severe weather conditions

. 2In its petition, CALST AR states that it will mitigate the risk of flight into severe weather by training and evaluating its pilots and OC Ss

**m** the following subjects on an annual basis: 1. IFR flight planning 2. Use and interpretation ofNWS w eather chruts 3. Interpretation of live radar feed s 4. Significant Me t eorological Information (SIGMETs ) and Airmen ' s Meteorological Information (AIRMETs) 5. METARS and Terminal Aerodrome Forecasts (TAFs) 6. Interpretation and appropriate use of available cockpit weather d isplays 7. The applicability and use ofthis exemption The petitioner emphasizes that its General Operations Manual (GOM) clearly restricts fl ight into thunderstorms or other hazardous weather conditions with aircraft that do not have thunderstorm detection equipment or airborne weather radar installed

. The FAA found the petition , if granted , w o uld set a precedent. Therefore, to allow for the public to comment on the petition, a summary ofthe petition was published in the Federal Regi ster on June 8, 2015 (80 FR 32432). No comments were received. 

### The FAA's analysis is as follows: One of the FAA's intentions in authori zing HAA IFR operations is to ensure that these operations are not conducted unless reliab le weather information for the destination airport i s available to the pilot. Generally , this h as me ant that current weather from a source approved by the FAA is availab l e a t, the airport where an IFR approach i s conducted. When the FAA authorized HAA IFR operations into airports without weather reporting, it required aircraft to be equipped with onboard severe weather detection equipment. In both cases, the pilot has a reliab le severe weather information

**sourc~** avai lable , either through the airport weather report or through onboard severe weathe r detection equipment. Section 13 5

. 173 requires, in part, thunderstorm detection equipment in he li copters with a passenger se ating configuration , excluding any pilot seat, of 10 seats or more in passengercarrying operations, under IFR or night vi sual flight rules (VFR) when current weather reports indicate that thunderstorms or other potentially hazardous weather conditions that can be detected with airborne thunderstorm detect ion equipment " may reas onabl y be expected along the route to be flown. " Section 135.175 state s, in pertinent part, " No pers on may begin a flight under IFR or night VFR conditions when current weather reports indicate that thunderstorms , or other potentially hazardous weather cond iti ons that can be detected with airborne weather radar equipment , may reasonably be expected al o ng the route to be flown, unless the airborne weather radar equipment required by paragraph (a) D fthis section is in satisfactory operati ng condition. " Both§§ 135.173 and 135.175 allow fli ght under IFR to be c onducted without functioning sev ere weather detection equipment as long as the p ilot detennine s there is no reasonable expectati o n ofthunders torm s or other potentially h azardous weather alo ng the route.

3Although § § 13 5.173 and 13 5.17 5 allow lFR operations without functioning severe weather detection equipment, the IFR operating limitations and weather requirements of§§ 135.213, 135.219, and 135.225 require the certificate holder to obtain a weather report from a weather reporting facility operated by the NWS, a source approved by the NWS, or a source approved by the FAA. The FAA previously granted exe mptions from applicable paragraphs of§§ 135.213, 135.219, and 135.225 (i.e

. , Exemptions N o . 9490 and No. 9665) to permit helicopter medical transport operations to conduct IFR approach procedures and departure procedures at airports without weather reporting. The conditions and limitations listed in Exemptions No. 9490 and No. 9665 required that each helicopter op erated under the exemption must be " equipped with severe weather detection equipment, such a s airborne weather radar or lightning detection. This equipment must be operating." Unlike pas t exemptions which required functioning severe weather detection equipment for instrumenl approach procedures and instrument departure procedures at airports without weather reporting, CALST AR seeks relief to conduct IFR operations at locations without weather reporting and without this equipment, but with other pre-takeoff planning, risk analysis and flight monitoring measures. Since issuance ofprevious exemptions , the FAA published the Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations final rule (79 FR 9932 ; February 21 , 2014). This rule requires certificate holders with 10 or more helicopter air ambulances to establish an OCC staffed with OCSs (§ 13 5 .619) by April22, 2016. The OCS communicates with pilots, provides weather information. monitors flights and assists with preflight risk assessments, providing an additional measure of safety for complex operations

. Section 135.617 requires HAA operators, regardless of size , to have an FAA approved and documented Risk Analysis Program that includes procedure s for elevating the final post mitigation risk to a higher management level for approval when the to tal risk exceeds a predetermined threshold. A preflight risk analysis provides certificat e ho lders with the means to assess and mitigate risk and make determinations regarding the flighfs s afety before launch. For HAA operators with OCCs, the pilot in command (PIC) will be requi red to complete a risk analysis worksheet and the OCS will be required to review and concur wi th the pilot ' s risk analysis worksheet. This overlap is intended to provide larger operations with an additional measure of rev iew over the flight ' s risk analysis. The compliance date f or the requirement for larger HAA operators, such as CALST AR , to establish an OCC is A 11 ril 22, 2016. The . FA A has previously granted exemption from § 135.6ll(b) in circumstances where the petitioner has already established an OCC that meets the requirements of§ 135.619 (Exemption No. 12556). The FAA finds that CALSTAR ' s circumstances are different because it i s st ill in the process of establishing an OCC that fully meets the requirements of§ 135.619. The agency has , however , considered that s maller operators and operators that are required to implement an OCC but that have not yet done so may use similar appropriately scaled methods and techniques to achieve the same functionality as an OCC. The FAA finds that smaller operators and operators that have not yet e stablished an OCC can establish flight monitoring capabilities utilizing personnel trained on availablility of severe weather reporting and forecasting products and appropriate metho ds of communicating observed real-time location and rate of development of severe weather. 4The FAA finds that granting an exempt ion from the requirement for onboard severe weather detection equipment wp uld not adversel y aff ect safety if C ALSTAR provides appropriate training in conveying thunderstorm rep orting and forecasting to flight crew and OCS or personnel assigned to monitor operatio ns to ensure that this 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. The application of appropria te analysis of the risk of encountering severe weather and the availability and application of real -time ground based weather radar feeds and other approved weather information sources can provide the pilot timely forewarning of an IFR HAA flight operation that may be threatened by severe weather , further enhancing safety. CALSTAR states that its FRAT wiJI be structured to identify any IFR operation to a destination and alternate where the potential for severe weather exists. The petitioner adds that constant monitoring and continued risk mitigation w ill be required prior to and during flight ifthat risk is identified and that the flight will be declined or aborted if the risk cannot be mitigated. In this regard, the FAA finds that the OCS or tra i ned personnel assigned to monitor the flight support the HAA pilot in monitoring factors that may affect the flight and serves as a ground-based continuing verification ofthe pilot ' s risk analysis. The limitation ofthis exemption to circum stances when there is no reasonable expectation of thunderstorms or other potentially haza rdous weather along the route , the provision of training in weather reporting a11 d forecasting to HAA pilots and OCSs or trained personnel assigned to monitor the flight , the c ompletion of requ i red risk assessments by the pilot and the OCS or personnel assigned to monitor the flight , and the ability of the OCS or other trained personnel to continuously monitor the flight and prov ide current weather information to the pilot factor into the FAA 's determination that a grant of exemption would provide an equivalent level of safety. The FAA emphasizes that if a reasonabl e expectation of severe weather exists during the flight and in the vicinity of the planned route, the helicopter must be equipped with operable severe weather detection equipment or the flight must be declined or aborted. The FAA finds, when conducted in accordance with the conditions and limitations provided below, the safety ofCALSTAR HAA operations would not be adversely affected when conducting IFR departures and IFR appro ac h procedures in HAA aircraft without functioning severe weather detection equipment at air ports and heliports that do not have an approved weather reporting source. The public intere s t would be served by granting an exemption from § 135.611(b) by increasing the opportunity f or additional access to critical care patient flights when weather conditions are below those required for VFR operations. 

### In addition , the FAA finds that it is safer and in the public interest to encourage the utilization ofthe IFR infrastructure to the fullest extent possible , thereby avoiding the potential for CFIT accidents during flights conducted under MVFR conditions. The FAA's Decision In consideration ofthe foregoing , the F AA fi nds that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 1 06(f) , 40113 and 4470 1, delegated to me by the Adminis trator , California Shock Trauma Air Rescue is 

### granted
an exemption 

### from 14 CFR 

### § 

### 135.611(b) to the extent necessary to conduct IFR departures 5and IFR approach procedures at airports an d heliports that do not have an approved weather reporting source, subject to the conditions and limitations described below. Conditions and Limitations 1. This exempt ion is limited to IFR HAA operations conducted by CALSTAR (operating certificate STRA2901) 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 avai lable from the NWS, a source approved by the NWS, or a source approved by the Administrator. 3. When conducting operations undffthe provisi ons ofthis exemption , CALSTAR and the PIC must comply with§§ 135.611(a), (c), and (d) as applicable. 4. The PIC and either a CALSTAR OCS or other CALSTAR 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. Ifthe PIC or either the OCS or personnel who satisfies the requirements of Condition and Limitation No.8, determines that there is a reasonable expectation ofthunderstorms 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 de clined. 5

. Each PIC who conducts operatio ns 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 dest ination 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 ofthe following: AIRMET , SIGMET , Convective SIGMET , METAR, Regional NEXRAD, NOTAM, PIREP, and TAF or other aviation w eather forecast , as appropriate and available.
6. All flights conducted under this grant of exemption must be continuously monitored by a CALSTAR OCS or other CALSTAR 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. CALSTAR must amend its FAA-approved training program as provided in§ 135.325 to ensure all pilots conducting IFR ope rat ions under this e xemption and all CALST AR OCSs or other CALST Atl{ persmmel monit oring flights satisfac torily complete additional initial and 6recurrent training, checking and testmg on the subjects identified in paragraphs a through f

. ofthis Condition and Limitation prier to operating under the provisions ofthis exemption. The pilot recurrent training, testing and checking on the subjects identified in paragraphs a. through f. ofthis 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 a nd the OCS or other personnel monitoring the flight must include the following subjects:

a. The app licability and use of this exemption ; b. IFR operating procedure s for locations without weather reporting; c. IFR flight planning consi dera tions for thunderstorms and convec tive activity ; d. Use and int erpretation of N WS charts , weather reports , and forec ast products that depict current or forecast thunderstonn activ ity as well as weather services, such as pilot reports, AIRMETs,. S £GMETs , 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 n ot be used for penetration of areas of thunder storms or navigation around thunder storms; and f. M ethods for determining weather conditions including the presence of severe weather precursors during o bservations by the pilot. This must include method s for determining present vi s ibi lity (measured or estimated), methods for determining estimated ceil ings , and methods for weather observation used by the NWS. Thi s exemption terminates on October 3 1, 20 17 , unles s sooner superseded or rescinded

. Issued in Washington, DC on 

# OCT 0 8 

# 2015



# ~:£4M
John Barbagallo Deputy Direc tor, Flight Standard s Servic e

7