1 Exemption No. 12556

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

In the matter of the petition of

AIR METHODS CORPORATION Regulatory Docket No. FA A

- 201 5

- 1867

for an exemption from § 135.611(b)

of Title 14, Code of

Federal Regulations

GRANT OF EXEMPTION

By letter received May 22, 2015 , Mr. Denn is McCall, Director of Operations, Air Methods

Corporation (Air Methods), 7211 South Peoria Street

, E nglewood, Colorado, 80112, petitioned

the Federal Aviation Administration (FAA) on behalf of Air Methods Corporation for an

exemption from § 135.611(b) of Title 14, Code of Federal Regulations (14 CFR). The proposed

exemption, if granted, would allow Air Methods to conduct instrument flight rules (IFR)

departures and IFR approach procedures at airports and heliports that do not have an approved

weather repor ting source in Helicopter Air Ambulance 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

.

The petitioner requests relief from the following regulation:

Section 135.611(b) prescribes that certificate holders authorized to conduct IFR helicopter air

ambulance operations at airports with an instrument approach procedu re and at which a weather

report is 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 it s request with the following information:

Air Methods petitions for exemption in order to conduct IFR operations at locations without

weather reporting without having the functioning severe weather detection equipment required

by § 135.611(b). It seeks to exercise this relief in its helicopter operations with a passenger

seating configuration of nine seats or less.2 Air Methods emphasizes that the exemption would apply only when c urrent weather reports or

forecasts indicate that there is no reasonable exp ectation of thunderstorms or other severe

weather at the destination, alternate

, or along the route to be flown for the period of time

planned for the flight . In addition, the petitioner highlights that the exemption would apply only

when additional prefli ght planning, triggered by the Air Methods Preflight Risk Assessment

Program

, must be completed before the first leg of each Helicopter Air Ambulance (HAA)

operation.

Air Methods believes that a grant of exemption would enable an alternate means of compl iance

and maintain an equivalent level of safety to § 135.611(b). The petitioner asserts that the

purpose of § 135.611 is to facilitate IFR operations and result in more aircraft operating in a

positively controlled environment, thereby increasing safety f or HAA operations. Air Methods

contends that a grant of exemption would be consistent with the safety goal of § 135.611

because preflight planning, training for pilots, and operational control oversight by the

certificate holder would mitigate the risk of operations in areas of severe weather.

Air Methods argues that the recent interpretati on of § 135.611(b) as requiring airborne weather

radar or lightning detection e quipment has the unintended consequence of encouraging HAA

operators to fly in marginal w eather conditions under visual flight rules ( VFR )

. Air Methods

states that it do e s not conduct IFR operations in severe weather conditions. However, Air

Methods believes that it is safer to file an IFR flight plan and to operate under IFR than to

conduct o perations under VFR in marginal visual meteorological conditions (VMC). Air

Methods adds that the exemption sought would allow IFR operations more often

, thereby

minimizing marginal VFR operations.

A ir M e t h o d s m ai n tai n s t h at it is in t h e pub lic i n t e r e st t o u tili z e t h e I F R i n fr a str u c tu re to t h e

f u llest e x t e n t p o ssi b le t h e r e b y a v o i d i n g t h e p o t e n tial f o r c o n tr o l l e d fli gh t i n t o t e rrain ( C FI T)

acci d e n ts c a u s e d b y p i l o ts tr y i n g t o r e m ain under VFR w h e n t h e w e at h e r is m ar g i n al. Air

Methods asserts that t h e pub lic i n t e r e st w ill also b e s e r v e d b y i n c r e as i n g t h e o p p o rt un ity f o r

a dd iti o n al a c c e ss to cr i tical care p a ti e n t fli g h ts. Air Methods states that if t h is e x emp t io n is no t

g ra nte d it wou ld neg ati vel y af fe ct t h e pub lic i n tere s t b y r edu ci n g t h e numbe r o f a v aila b le HAA

fli gh ts. Air Methods contends that a f u l l y trai ne d cr ew

, fo ll ow i n g prope r I F R procedu r e s, in a

p r ope rly equ i ppe d aircraft, will enh a n ce sa fe t y

.

In its petition, Air Methods identified the following limitations for inclusion in an exemption

from § 135. 611(b) :

1

. Add iti o n al w e at h e r b ri e fi n g r e qu ir e m e n ts f o r f li g h ts under § 1 35

. 6 1 1

.

a. T h e p il o t w ill u s e i n f o r m a t i o n o b tai n e d f r o m t h e NWS t o d e t e r m i n e t h at

t h und e rst o r m s o r o t h e r s e v e re w eat h er c o nd it i o n s are not reasonably ex p e cted t o

exist at t h e d e s ti n a t i o n , IFR alt e r n ate airport o r al o n g t h e r o u t e t o b e f l ow n f o r

t h e p e ri o d o f t i m e p la nn e d f o r t h e f l i gh t ;3 b. T h e f o ll o wi n g a v iat i o n we a t h er p r o du c ts m u st b e r e v i ewed in m a ki n g t h at

d ete r m i n at i o n ; A I R M E T

, S IG M E T , CO N VECTIVE S I G M E T

, M E T A R,

REGIO N A L N E X R A D

, N OT A M

, P I R E P

, a n d T A F; a nd

c. N o I F R o p e ra t i o n und e r § 1 3 5

. 6 1 1 w ill b e authoriz e d if c u rr e n t w e at h e r r e p o r ts

o r f o r e ca s ts i nd ica t e t h e p o te n tial f o r t hund ers t o r m s o r o t h er s e ve r e weat h er t o

e xist a t t h e d esti n a ti o n

, a lter n ate o r al o n g t h e r o u te to b e fl o w n f o r t h e p e ri o d o f

t i m e p la nn e d f o r t h e fli gh t. If s u ch p o t e n tial e xists, t h e p il o t m u st r ef u se t h e

fli gh t.

2

. F li gh t mo n i t o ri n g b y t h e O p erat i o n s C o n t r o l Ce n ter (OCC)

.

O n ce t h e fli gh t b e c o m es a c ti ve

, t h e A ir M et h o d s OCC u s es s p eciali z ed s o ft w are, F li gh t

M a n a g e m e n t S y s t em ( F M S ), t h at a u t o m at i cally m o n i t o rs t h e fli gh t p la n

, c u rr e n t

p o sit i o n a n d d e sti n at i o n o f all acti v e fli gh ts. T h e F M S a u t o m atical l y a l e r t s t h e

O p e r ati o n s C o n t r o l Sp ecial i st (OCS)

, b y t e xt a n d w ith v is u al al e r t s o n t h e F M S d is p la y

,

w h e n t h e re a re t h u nd erst o r m s o r s e v ere w e a th er w it h in 3 0 nautical mi l es ( N M ) o f an

ai r c raft o r a p o i n t o n t h e r o u t e o f fli gh t.

T h e A ir M et h o d s OCC c o n ti nu o u sly mo n i t o rs all fli gh ts f o r thund e rst o r m s a n d s e v e re

we at h e r a n d p r ov i d e s t h at i n f o r m at i o n t o t h e p il o t by :

a. R elay t h r o ug h t h e C o m m u n icati o n s C e n ter t o t h e p il o t;

b. C o n ta c ti n g t h e p i l o t d ir e ct l y v ia sa t e llite p h o n e ; o r

c. C o n ta c ti n g t h e p i l o t d ir e ct l y o ve r Air Methods’ i n t e r n e t b as e d v o ice

c om m un icat i o n s s y s te m

.

T h e OCC p r o v i d e s g e n e ral a d v i c e s u ch as, “ t h e re are t hun d e rs t o r m s t o y o u r we s t

--

r e c o m m e n d yo u d i v ert t o t h e ea s t

. ”

3

. Trai n i n g f o r Air Methods’ p il o ts a n d OCS s

.

Annual training for Air Methods pilots and OCSs w ill b e c om p l e t e d o n an a nnu al b asis

a n d will i n cl ud e the following subjects :

a. I F R f li gh t p la nn i n g ( 4

. 0 h o u rs) ;

b. Use a n d i n t e r p r e tat i o n o f N WS we a t h e r c h a r ts ( 2

. 0 h o u rs) ;

c. I n t e r p r e tat i o n o f l i v e ra d ar f ee d s ( 2

. 0 h o u rs) ;

d. S IG M ETS a n d A I R M E TS ( 2

. 0 h o u rs) ;

e. M ET A RS a n d T AF s ( 2

. 0 hou rs) ;

f. I n t e rp r e tat i o n a n d a pp r o p riate u se o f a v aila b l e c o ckp i t w e at h e r d is p l a y s ( 2

. 0

h o u rs) ; and

g. T h e a pp lica b ility a n d u se o f t h is e xe m p ti o n ( 1

. 0 h o u r s )

.4 The petitioner states that the limitations it outlined and included above are described in the Air

Methods General Operations Manual (GOM) and Approved Training Programs.

The FAA found the petition, if granted, would set a precedent. Therefore, to allow for the

public to comment on the petition, a summary of the petition was published in the Federal

Register on June 15, 2015 ( 80 FR 34195 ). No comments were received.

The FAA’s analysis is as follows:

One of t he FAA’s intent ions in authorizing HAA IFR operations is to ensure that these

operations are not conduc t ed unless reliable weather information for the destination airport is

available to the pilot. Generally, this has meant that current weather from a source approved by

the FAA is available at the airport where an IFR approach is conducted. When the FAA

authorized HAA IFR operations into airports without weather reporting, it required aircraft to be

equipped with onboard sev ere weather detection equipment. In both cases , the pilot has a

reliable severe weather information source available

, either through the airport weather report or

through onboard severe weather detection equipment.

Section 135.173 requires, in part, thund erstorm detection equipment in helicopters with a

passenger seating configuration, excluding any pilot seat, of 10 seats or more in passenger

carrying operations, under IFR or night VFR when current weather reports indicate that

thunderstorms or other pote ntially hazardous weather conditions that can be detected with

airborne thunderstorm detection equipment “may reasonably be expected along the route to be

flown

. ” Section 135.175 states, in pertinent part, “No person may begin a flight under IFR or

night V FR conditions when current weather reports indicate that thunderstorms, or other

potentially hazardous weather conditions that can be detected with airborne weather radar

equipment, may reasonably be expected along the route to be flown, unless the airborn e weather

radar equipment required by paragraph (a) of this section is in satisfactory operating condition.”

Both §§ 135.173 and 135.175 allow flight under IFR to be conducted without functioning severe

weather detection equipment as long as the pilot dete rmines there is no reasonable expectation

of thunderstorms or other potentially hazardous weather along the route.

Although § § 135.173 and 135.175 allow IFR 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 grant ed exemption s from applicable paragraphs of §§ 135.213,

135.219, and 135.225 ( i.e

., E xemption s No. 9490 and No. 9665) to permit helicopter medical

transport operations to conduct IFR approach procedures and departure procedures at airports

without we ather reporting. The conditions and limitations listed i n E xemption s No. 9490 and

No. 9665 required that each helicopter operated under th e exemption must be “equipped with

severe weather detection equipment, such as airborne weather radar or lightning det ection. This

equipment must be operating.” Unlike past exemptions which required functioning severe

weather detection equipment for instrument approach procedures and instrument departure

procedures at airports without weather reporting , Air Methods seeks relief to conduct IFR5 operations at locations without weather reporting and without this equipment , but with other

pre

- takeoff planning, risk analysis and flight monitoring measures

.

Since issuance of previous 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 r equires certificate holders with 10 or more helicopt er air ambulances to

establish an OCC staffed with OCS s (§ 135.619 ). The OCS communicate s with pilots, provide s

weather information, and monitor s flights and assist s with preflight risk assessments

, providing

an additional measure of safety for complex operations. In addition, § 135.617 of the rule

r equires each HAA operator to est ablish and document, in its operations manual, an FAA

approved preflight risk analysis. Section 135.617 requires HAA operators, regardless of size, to

have an FAA approved and documented Risk Analysis Program that includes procedures for

elevating the fina l post mitigation risk to a higher management level for approval when the total

risk exceeds a predetermined threshold. A preflight risk analysis provides certificate holders

with the me ans to assess and mitigate risk and make determinations regarding the flight’s safety

before launch. For HAA operators with OCCs

, the pilot in command (PIC) will be required to

complete a risk analysis worksheet and the OCS will be required to review and concur with the

pilot’s risk analysis worksheet. This overlap is intend ed to provide larger operations with an

additional measure of review over the flight’s risk analysis.

T he compliance date for the requirement for larger HAA operator s , such as Air Methods, to

establish an OCC is April 22, 2016

. However, t he FAA notes tha t Air Methods has been issued

Operations Specification A021 indicating that it has established an OCC staffed with trained and

tested OCS s to support the risk analysis review and flight monitoring detailed in the above

paragraph.

The FAA finds that granti ng an exemption from the requirement for onboard severe weather

detection equipment would not adversely affect safet y if Air Method s provid es appropriate

training in interpretation of thunderstorm reporting and forecasting to flight crew and OCS s 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 with

onboard weather radar or lightning detection equipment along the route . The applicat ion of

appropriate 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. Air Methods state s that it

currently utilizes a risk analysis program which provides for a review of the HAA pilot’s

weather analysis by a person trained and qualified to serve as an OCS

, including a review of the

determination of the likelihood of severe weather along the route. The Air Methods OCC

constant ly monitor s a flight’s progress and weather conditions along the route and maintains the

ability to advise a pilot, vi a multiple methods, when a deviation to flight route, such as a

diversion to an alternate airport, may be necessary. In this regard, the FAA finds that the OCS

support s the HAA pilot in monitoring factors that may affect the flight and serves as a ground

b ased continuing verification of the pilot’s risk analysis

.6 The limitation of this exemption to circumstances when there is no reasonable expectation of

thunderstorms or other potentially hazardous weather along the route

, the provision of training

i n wea ther reporting and forecasting to HAA pilots and OCS s

, the completion of required risk

assessments by the pilot and the OCS, and the ability of the OCS to continuously monitor the

flight and provide 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 reasonable expectation of severe weather exists during the flight and in the vicinity of the

planned route, the helicopter must be equip ped with operable severe weather detection

equipment or the flight must be declined or aborted.

Additionally, the FAA has determined that rad io altimeters are an important safety enhancement

for helicopter operations and has mandated that all helicopters in part 135 on demand and

commuter air carrier service be equipped with rad io altimeters after April 24, 2017 (§ 135.160)

. This safety enhancement is especially valuable when operating IFR and when executing an

instrument approach to airports that do not o ffer weather reporting because r adio altimeters can

greatly improve a pilot’s awareness of height above the ground during hover, night operations,

and when landing in confined areas where a more vertical approach may be required.

Additionally, radio altime ters help increase situational awareness in potential flatlight, whiteout,

and brownout conditions. Therefore, the FA A has included th e requirement that each aircraft

operating under this exemption must be equipped with an operable rad io altimeter in the

c onditions and limitations below.

The FAA finds, when conducted in accordance with the conditions and limitations provided

below

, the safety of Air Methods HAA operations would not be adversely affected when IFR

departures and IFR approach procedures are conduct ed in HAA aircraft without functioning

severe weather detection equipment at airports and heliports that do not have an approved

weather reporting source. The public interest would be served by granting an exemption from

§ 135.611(b) by increasing t he opportunity for additional access to critical care patient flights

when weather conditions are below those required for VFR operations . In addition, t he FAA

finds that it is safer and in the public interest to encourage the utilization of the IFR

infras tructure to the fullest extent possible

, thereby avoiding the potential for CFIT accidents

during flights conducted under Marginal VFR (MVFR) conditions.

The FAA’s Decision

In consideration of the foregoing, the FAA finds that a grant of exemption is in the public

interest. Therefore, pursuant to t he a u t ho r it y c on t a i n e d i n 49 U. S

. C

. §§ 106(f), 40113 a nd

44701, delegated to me by the Ad mi n i s t ra t or, A i r M e t hods C o r po ra ti on is granted a n

e x e m p ti on fr om 14 C F R § 135.611 (b ) t o t he e x t e nt n ece ss ar y t o c ondu c t I F R d e p ar t u re s a nd

I F R a pp r o ac h p r o ce du re s a t a i r po r t s a nd h e li po r t s t h a t do not h a ve a n a pp r ov e d w ea t h e r

re po r ti ng sou rce

, sub j ec t t o t he c ond iti ons a nd limit a ti ons d e s cr i b e d b e l ow.7 Co ndi t i o n s a n d Li m i t a t i o n s

1. The exemption is limited to IFR helicopter air ambulance operations conducted by Air

Methods (operating certificate QMLA253U) in accordance with § 135.601 in helicopters

with a passenger seating configuration of nine seats or less (excluding any pilot seat).

2. Use of t h i s e x e m p ti on i s a u t ho r i z e d on l y a t a i rpo r t s or h e li po r t s w it h a n i ns t r u m e nt

a pp r o ac h p r o ce du r e a nd a t wh i c h a w ea t h e r re po r t i s not a v a il a b l e fr om t he N W S

, a

sou rc e a pp r ov e d by t he N W S

, or a sou rc e a pp r ov e d by t he Ad mi n i s t ra t o r

.

3. When conducting operations under the provisions of this e xemption, Air Methods and

the P I C must comply with § § 135.611(a), (c), and (d) as applicable.

4. When performing IFR pre

- flight planning and risk analysis, the PIC and OCS must

assess the probability of severe weather. If the PIC or OCS determine s that there is a

reasonable expectation of thunderstorms exist s 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 cond ucts operations under this exemption must u se 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

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 othe r aviation weather forecast, as appropriate and

available.

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

an Air Methods OCS

. Any information concerning thunderstorms and severe weather

must be provided directly to t he pilot via two

- way communication system or by relay

through a communications center.

7. F li g ht p l a nn i ng f or I F R f li g h t s c ondu c t e d und e r t h i s e x e m p ti on must include s e l ec ti on of

a n a lt er n a t e a i r po r t t h a t m ee t s t he re qu i re m e n t s of §§ 135.221 a nd 135.223 a n d h a s a n

a pp r ov e d w ea t h e r re po r ti ng sou rc e i n acc o r d a n c e w it h § 135.213.

8. E ac h h e li c op t e r op era t e d und e r t h i s e x e m p ti on m ust b e equ i pp e d w it h a n a pp r ov e d a nd

op era b l e ra d io a ltim e t er

.

9. A i r M e t hods m ust amend its FAA

- approved t raining p rogram as provided in § 135.325 to

ensure all pilots conducting IFR operations under this exemption and all OCS s reviewing risk

analyses and monitoring flights conducted under this exemption satisfactorily complete

additional initial and recurrent training, checking and testin g prior to operating under the

provisions of this exemption . The pilot recurrent training, testing and checking, must take8 place within 12 cal e ndar months before service as a pilot. The OCS recurrent training and

testing must take place every 12 calendar m onths after completion of initial training and

testing. The pilot and OCS training, testing and checking , as applicable, must include the

following subjects :

a. The applicability and use of this exemption ;

b. IFR op era ti ng p r o ce du re s f or l o ca ti ons w it hout w ea t h e r re po r ti ng ;

c. IFR f light p lanning considerations for thunderstorms and convective activity ;

d. Use and i nterpretation of NWS c harts

, w ea t h e r r e po r t s , and f o reca s t product s. Th i s

re v i e w m ust emphasize weather products that depict current or forecast thunder storm

activity a s w e l l a s w ea t h e r s er v i ce s, such as p il ot re po r t s, AIRMETS, SIGMETS, live

radar feeds, a nd i n

- f li g ht 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. M e t hods f or d e t er mi n i ng w ea t h e r during o bs er v a ti ons by t he p i l o t . Th i s m ust i n c l ude

m e t hods f or d e t er mi n i ng p re s e nt v i s i b ilit y ( m ea su re d or e s tim a t e d )

, m e t hods f or

d e t er mi n i ng e s tim a t e d ce ili n g s, a nd m e t hods f or w ea t h e r obs er v a ti on us e d by t he

NWS

.

Th i s e x e m p ti on t er mi n a t e s on August 31, 2017

, un l e ss soon e r sup er s e d e d or re s c i nd e d.

Issued in Washington, DC on August 21, 2015AFS

- 15

- 532

- E P r o j ec t No.: AFS

- 15

- 1926

- E

P r o j ec t O ff i cer :

___________________ A RM

- 10 1 : KJones: 8/7/2015: Doc# 46731

A RM

- 1 / 100 / 10 1 : Program Office A F S

- 200

M R DENNIS MCCALL

DIRECTOR OF OPERATIONS

AIR M ETHO DS C O R P O RA T I O N

7 211 SO U T H P EO RIA

E N G LE W OO D C OLO RADO 80112