November 10, 2015

Exemption No. 13749

Regulatory Docket No. FAA

- 201 5

- 3740

Mr. James Arthur

Director of Operations

Metro Aviation, Inc.

1214 Hawn Avenue

Shreveport, LA 71107

Dear Mr. Arthur :

This letter is to inform you that we have granted your request for exemption. It transmits our

decision, explains its basis, and gives you the conditions and limitations of the exemption,

including the date it ends.

The Basis for Our Decision

B y letter dated July 2 1 , 2015

, you petitioned the Federal Aviation Administration (FAA) on

behalf of Metro Aviation, Inc. ( Metro Aviation ), for an exemption from § 135. 611 (b) of

Title 14, Code of Federal Regulations (14 CFR) to allow Metro Aviation to condu ct
instrument flight rules (IFR) departures and IFR approach procedures at airports and heliports

that do not have an approv ed weather reporting source in h elicopter air a mbulance operations

using aircraft without functioning severe weather detection equip ment (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 FAA has determined that good cause exists for not publishing a sum mary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any

delay in acting on this petition would be detrimental to Metro Aviation

.

The FAA has issued a grant of exemption in circumstances similar in al l material respects to

those presented in your petiti on. In Grant of Exemption No

. 13133 (copy enclosed), the FAA

found that smaller operators and operators that have not yet established an operational control2

center can establish flight monitoring capabi lities utilizing personnel trained on availablility of

severe weather reporting and forecasting products and appropriate methods of communicating

observed real

- time location and rate of development of severe weather. In addition, the FAA

found that grantin g an exemption from the requirement for onboard severe weather detection

equipment would not adversely affect safety if the operator provides appropriate training in

conveying thunderstorm reporting and forecasting to flight crew and operational control

sp ecialist ( OCS ) or other personnel assigned to monitor operations to ensure that the

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.

Having reviewed your reasons for requesting an exemption, I find that

—

• they do no t differ materially from those presented by the petitioner in the enclosed G rant

of e xemption No. 13133 ;

• the reaso ns stated by the FAA for granting the enclosed Grant of Exemption No. 13133

also apply to the situation you present; and

• a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. §§ 10 6 (f), 40113 and 44701, w hich the FAA

Administrator has delegated to me, Metro Aviation, Inc. is granted an exemption from

§ 135. 6 11(b) of Title 14, Code of Federal Regulations (14 CFR) to allow Metro Aviation to
conduct IFR departures and IFR approach procedures at airports and h eliports that do not have

an approv ed weather reporting source in helicopter air a mbulance operations using 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 alternat e, or along the route of flight

, subject to the conditions and limit ation s

described below.

Conditions and Limitations :

1. The exemption is limited to IFR helicopter air ambulance operations co nducted by

Metro Aviation (operating certificate HDNA610E ) 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 r po 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 national

weather service ( 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

3. When conducting operations under the provisions of th is exemption, Metro Aviation

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

4. The PIC and either a Metro Aviation OCS or other Metro Aviation personnel who

satisfy the requirements of condition and limitation eigh t of this exemption must

participate in the IFR pre

- flight planning and risk analysis requied by § 135.617 for

the purpose of assessing the probability of severe weather. If the PIC or either the

OCS or personnel who satisfies the requirements of C ondition and L imitation No. 8

, determines that there is a 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, the flight must be declined.

5. Each PIC who conducts operations 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

thu nderstorms 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, C onvective SIGMET, METAR,

R egional NEXRAD, NOTAM, PIREP, and TAF or other aviation weather forecast, as

appropriate and available.

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

a Metro Aviation OCS or other Metro Aviation personnel w ho satisfy the re quirements

of Condition and L imitation No. 8 of this exemption. Any information concerning

thunderstorms and severe weather must be provided directly to the 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 nd 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. Metro Aviation m ust amend it s FAA

- approved training program as provided in § 135.325

to ensure all pilots conducting IFR operations under this exemption and all Metro Aviation

OCSs or other Metro Aviation personnel reviewing risk analyses and monitoring flights

satisfactorily comple te additional initial and recurrent training, checking and testing prior

to operating under the provisions of this exemption. The pilot recurrent training, testing and

checking on the subjects identified in paragraphs a. through f. of this condition and

l imitation 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 month s after

completion of initial training and testing. The training, testing, and checking, as applicable4

to the pilot and the OCS or other personnel monitoring the flight 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 flight planning considerations for thunderstorms and convective activity;

d. Use and interpretation of NWS charts, w ea t h e r r e po r ts, and f o reca s t product s that

depict current or forecast thund erstorm 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 limitation s 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 conditions including the pr esence of severe

weather precursors during obs er v a ti ons by t he pil 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 is exemption terminates on November 30 , 2017 , unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosure