AFS-13-361-E

Exemption No. 16783

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

 

In the matter of the petition of 

 

ERA HELICOPTERS, LLC Regulatory Docket No. FAA-2013-0411

 

for an exemption from § 91.9(a) 

of Title 14, Code of 

Federal Regulations 

 

GRANT OF EXEMPTION

 By letters dated May 3, 2013 and January 26, 2016, Mr. Larry Lippert, Director of 

Operations, Era Helicopters, LLC (Era Helicopters), 600 Airport Service Road, Lake Charles, 

Louisiana, 70605, petitioned the Federal Aviation Administration (FAA) on behalf of Era for 

an exemption from § 91.9(a) of Title 14, Code of Federal Regulations (14 CFR). The 

proposed exemption, if granted, would allow Era Helicopters to operate Eurocopter EC-225 

(EC-225) helicopters while carrying up to 19 passengers with limited exposure to engine 

failure during takeoff and landing between land-based and offshore facilities, or when 

operating between two offshore facilities during day, night, visual flight rules (VFR), and 

instrument flight rules (IFR).

The petitioner requests relief from the following regulation:

Section 91.9(a) prescribes, in pertinent part, that no person may operate a civil aircraft without 

complying with the operating limitations specified in the approved Rotorcraft Flight Manual.

The petitioner supports its request with the following information:

Era Helicopters states that the EC‐225 was certified under part 29, Amendment 47 relating to 

safety and ditching equipment, which provides the highest level of safety. The petitioner 

states that its EC‐225 aircraft are equipped with aircraft floatation gear and are certified for 

ditching in up to sea state six. Additionally, the petitioner specifies that the EC‐225 is 

equipped with life rafts that can be deployed from inside or outside the aircraft. Era 
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Helicopters clarifies that, when operating over water, each occupant is provided and wears 

personal floatation equipment. 

The petitioner states that European operators, using the same aircraft, operate in accordance 

with Joint Aviation Requirement OP‐3 which already permits similar operations with limited 

exposure to engine failure. Era Helicopters states that it has operated under Operations 

Specification (OpSpec) H100 in the United States since 2004, which authorized operations 

similar to International Civil Aviation Organization (ICAO) Performance Class 2 with limited 

exposure. The petitioner asserts that, during this period, no EC‐225 accidents have been 

caused by power loss due to engine failure during takeoff or landing. Era Helicopters finds

the same level of safety will be provided to that currently in place for off shore operations. 

The petitioner contends that this finding is supported by the data collected, which reflects less 

than five engine inflight shut downs per 1,000,000 flight hours. Era Helicopters requests this 

exemption be authorized for operations conducted outside the United States.

Era Helicopters states that it has instituted operational controls through its general operations 

manual, training program, and management surveillance. The petitioner maintains that it will 

conduct operations in such a manner as to minimize the time spent exposed to engine failure. 

Era Helicopters proposed that this will be accomplished by following the manufacturer’s 

recommended takeoff and landing procedures whenever feasible. The petitioner emphasizes 

that operations will not be conducted unless the current aircraft weight, altitude, and 

temperature ensure 150 feet per minute climb at 1,000 feet above the takeoff surface with one 

engine inoperative and the remaining engine at maximum continuous one engine inoperative 

(OEI) power.

The petitioner asserts that operating the EC-225 within “Category A” flight manual 

limitations, would result in decreased passenger loads, which will require more flights, and 

effectively increase the risk to passengers due to statistical hazards associated with take-off 

and landings that are unrelated to engine failure. Additionally, Era Helicopters contends that 

full compliance with the “Category A” flight manual limitations could make operating the 

EC-225 economically unfeasible and would likely result in its removal from service. The 

petitioner concludes that the outcome would be a reversion to smaller, older, and less 

sophisticated aircraft that do not offer the level of safety equipment and certification standards 

provided by the EC-225 certified in accordance with the latest 14 CFR part 29 standards. The 

petitioner believes that this option would result in unintended, increased risk to the flying 

public.

Era Helicopters contends that operation of the EC-225 in accordance with this exemption will 

provide continued operations in the Category A profile (clear area), and Performance Class 2, 

Defined Limited Exposure (PC2 DLE) profile (elevated helideck), with limited exposure to 

single engine failure as required by the Era EC-225 Standards Manual. The petitioner states 

that this manual requires all operations to be conducted within weight, altitude, and 

temperature parameters in accordance with appropriate EC-225 Rotocraft Flight Manual 

(RFM) chart, (Section 10.5.A1, Additional Climbing Performance Makila 2A1 Engines
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Equipped (POST-MOD 07 26592)). This performance standard ensures 150 feet per minute 

rate of climb at 1,000 feet above the takeoff surface with OEI, and the remaining engine at 

maximum continuous OEI power.

In its January 26, 2016 correspondence, Era Helicopters identifies the following additional 

risk mitigations:

1. Level D, full flight simulator (FFS) pilot training;

2. Annual pilot competency and proficiency checking;

3. Flight Data Monitoring;

4. Sea State 6, emergency flotation equipment;

5. Automatically deployable life rafts;

6. Helicopter Emergency Egress Lighting System (HEELS);

7. Personal flotation equipment; and

8. Automatically deployable emergency locator transmitters (ADELTs).

The petitioner states that, between 2007 and 2011, the global EC-225 fleet accumulated over 

400,000 flight hours of operational experience with an engine failure rate of less than 0.6 per 

100,000 flight hours. The petitioner asserts that, based on this reliability data, the Category A 

Performance Standard equivalent level of safety is achieved when operating within 

Performance Class 2 Defined Limited Exposure (PC2) DLE and Category A profiles as

outlined in Era Helicopter’s Standards Manual.

 The FAA has determined that good cause exists for waiving the requirement for Federal 

Register publication because the exemption, if granted, would not set a precedent, and any 

delay in acting on this petition would be detrimental to Era Helicopter.

The FAA’s analysis is as follows:

The FAA has considered the petitioner’s request and supporting materials and finds that, 

subject to the conditions and limitations below, a grant of exemption would be in the public 

interest and would provide a level of safety equivalent to that provided by the current 

regulations.

The FAA finds that Era Helicopters provides transportation with the Sikorsky S-92A and 

Airbus EC-225 helicopters, under contract to various oil companies from land based facilities 

to offshore facilities within the Gulf of Mexico, and under other contracts throughout the 

world including Antarctica. Era Helicopters operations within the United States are 

conducted under the provisions of part 135.

Operations to offshore facilities present a unique operating environment which requires 

special consideration in operations, training, and standardization. The FAA recognizes that 

there may be instances in which a safe forced landing may not be possible due to 

environmental or other factors. 
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The FAA notes that regulatory agencies worldwide have already applied risk management 

techniques and permitted variations to specific operations, such as operations to helidecks 

with exposure to an engine failure, without a safe forced landing area. Risk assessment is used 

to determine whether to permit these variations. When operations without suitable areas for 

safe forced landings are being considered, all relevant factors should be evaluated. These 

factors include the likelihood of the event, the possible consequences, and any mitigating 

measures weighed against the potential benefits of the operation. Accident history and other 

relevant safety data and analysis are crucial to making the operational determination.

Era Helicopters states that it has operated under OpSpec H100 in the United States since 2004

and that, during this period, no EC‐225 accidents have been caused by power loss due to 

engine failure during takeoff or landing. This OpSpec prohibits operations unless the current 

aircraft weight, altitude and temperature would ensure the ability to climb 150 feet per minute 

at 1,000 feet above the takeoff surface with OEI and the remaining engine at maximum 

continuous OEI power. These specifications are also similar to those characteristics of 

operations under ICAO Performance Class 2. The ICAO standard for Performance Class 2 

with limited exposure to engine failure limits that exposure period to less than 9 seconds. The 

petitioner’s operations meet or exceed this standard, and ensure a positive 150 feet per minute 

climb rate at 1,000 feet above the takeoff surface with one engine inoperative and the 

remaining engine at maximum continuous OEI power.

The petitioner has proposed operational controls consistent with those in OpSpec H100. The 

FAA has decided to rescind that OpSpec. A grant of exemption would provide for continuity 

of operations demonstrated since Era Helicopters began operations under OpSpec H100 in 

2004. The FAA believes the limitations contained in OpSpec H100 have been effective and 

therefore would continue them in limitations associated with a grant of exemption.

The FAA notes that the petitioner has been granted a similar exemption to allow Era 

Helicopters to operate Sikorsky S-92A (S-92A) helicopters with limited exposure to engine 

failure during takeoff and landing while carrying up to 19 passengers between land-based and 

offshore facilities or when operating between two offshore facilities, day, night, visual flight 

rules, and instrument flight rules (Exemption No. 13184). The FAA has updated the 

conditions and limitations of the current exemption related to the EC225 to clarify 

requirements concerning training and checking, the wearing of personal floatation equipment, 

and requirements for emergency equipment. 

Granting this petition is in the public interest because these EC-225 helicopters replaced older 

designs which do not offer the safety advancements, and that were not required to meet the 

more stringent performance requirements imposed on the EC-225 and other similar aircraft 

certificated against the updated certification regulations. The FAA concurs with the petitioner 

that permitting the use of the EC-225 provides those passengers with safe transportation, 

while maintaining an efficient transportation system for the oil and gas industry.
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The FAA’s Decision

 In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. §§ 106(f), 40113 and 44701, 

delegated to me by the Administrator, Era Helicopters, LLC is granted an exemption from 

14 CFR § 91.9(a) to the extent necessary to allow Era Helicopters to operate Eurocopter EC225 (EC-225) helicopters, while carrying up to 19 passengers, with limited exposure to engine 

failure during takeoff and landing, between land-based and offshore facilities, or when 

operating between two offshore facilities, during day, night, visual flight rules, and instrument 

flight rules, subject to the conditions and limitations listed below.

Conditions and Limitations

1. This exemption is limited to operations conducted in Era Helicopters’ EC-225 

helicopters.

2. This exemption is limited to operations conducted between land-based heliports, 

between land-based airports and offshore heliports, or between two offshore heliports. 

All helidecks and heliports must be of sufficient size and weight bearing capacity to 

safely accommodate the EC-225 helicopter during operations described below.

3. This exemption is not valid for operations in foreign airspace without the prior 

authorization of the Civil Aviation Authority with jurisdiction over that airspace.

4. Occupants of flights conducted under this exemption must wear personal floatation 

equipment meeting the requirements of § 135.168(b)(1) whenever the aircraft is over 

water, and the aircraft must be equipped with floats, accessible rafts, and a 

406 megahertz (MHz) emergency locator beacon in accordance with § 135.168(d).

5. Era Helicopters must make available and provide access, upon request by the FAA, to 

its historical engine reliability data for its fleet of EC-225s, in order to provide ongoing 

surveillance of engine reliability.

6. In addition to other routine preflight computations, approach and departure profiles 

must be determined based upon the procedures and computations cited in the EC-225 

Rotorcraft Flight Manual (RPM) Appendix APP.9.0.1.A1.P1, “Procedure Guide for 

Offshore or similar Elevated helideck – PC2-DLE.” All operations must be conducted 

within weight, altitude, and temperature parameters in accordance with appropriate 

EC-225 RFM charts, (Section 10.5.A1, Additional Climbing Performance Makila 2A1 

Engines Equipped (POST-MOD 07 26592)). This performance standard ensures

150 feet per minute rate of climb at 1,000 feet above the takeoff surface with OEI, and 

the remaining engine at maximum continuous one engine inoperative (OEI) power.

The result of the planning process must yield profiles which do not exceed the 
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European Aviation Safety Agency (EASA) accepted standard of 9 seconds exposure to 

an unscheduled landing or ditching following an engine failure.

7. Operations will not be conducted unless, as provided in the EC-225 RFM and its 

appendices, the rotorcraft performance based upon current aircraft weight, altitude and 

temperature, ensures each of the following outcomes following the loss of power from 

one engine —

a. below the Takeoff Decision Point, a rejected takeoff, resulting in a safe OEI

return and landing on the takeoff surface,

b. on final approach to a landing, a rejected landing resulting in a safe OEI goaround, 

c. during the final approach or initial departure phase of flight, an exposure of 

9 seconds or less to an unscheduled landing or ditching and 

d. the ability to climb at least 150 feet per minute at 1,000 feet above the takeoff 

or landing surface with one engine inoperative and the remaining engine at 

maximum continuous OEI power. 

8. Operations under the provisions of this exemption must be flown by crews consisting 

of two pilots who are qualified and current in PC2-DLE operation in addition to 

normal operation of the EC-225.

9. Era Helicopters’ approved training program must include provisions for training of 

appropriate crews on performance planning and profiles associated with PC2 DLE to 

unscheduled ditching or touchdown during takeoffs and landings with total theoretical 

exposure time of 9 seconds or less. Flight training for PC2-DLE maneuvers must be 

conducted in Class D flight simulation training devices. Era Helicopters must 

document the conduct and satisfactory completion of that training.

10. Pilots must satisfactorily demonstrate the use of takeoff and landing profiles described 

in Condition No. 6 during initial and recurrent pilot competency and proficiency 

evaluations in accordance with § 135.293 or § 135.297. For pilots that will only 

operate during day VFR, checking may be limited to competency checks in accordance 

with § 135.293. However, this limitation must be recorded and these pilots must 

acknowledge the limitation in writing and refrain from conducting PC2-DLE 

operations in IFR or night conditions until night competency and IFR proficiency is 

checked. 

11. Era Helicopters must establish parameters for takeoff and landing at elevated helidecks 

for its flight data monitoring program and provide ongoing periodic surveillance of 

those operations to ensure flight profiles are in accordance with Performance Class 2 

procedures.
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12. Era Helicopters Check Airmen will conduct periodic route observations to ensure 

Performance Class 2 procedures are properly followed and appropriate Crew Resource 

Management techniques are employed during all flight operations. 

13. Era Helicopters must advise all EC-225 flight crewmembers including those who have 

not received the above training and checking, of the provisions of this exemption and 

document that notification. 

14. A copy of this exemption must be carried onboard each EC-225 utilizing these 

provisions.

This exemption terminates on June 30, 2018, unless sooner superseded or rescinded.

Issued in Washington, D.C., on June 13, 2016.

/s/

John S. Duncan

Director, Flight Standards Service