Exemption No. 10523 

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-2011-1084

for an exemption from SFAR No. 77 

of Title 14, Code of 

Federal Regulations, part 91 

 

DENIAL OF EXEMPTION 

By letter dated September 22, 2011, Mr. Robert D. Van de Vuurst, President, Era Helicopters 

LLC, (Era), 600 Airport Service Road P.O. Box 6550/70606, Lake Charles, LA 70605 

petitioned the Federal Aviation Administration (FAA) for an exemption from Special Federal 

Aviation Regulation No. 77 (SFAR 77) of Title 14, Code of Federal Regulations (14 CFR part 

91). The proposed exemption, if granted, would, among other things, permit Era to conduct 

on demand rotorcraft operations in Iraq carrying oil field workers to certain oil fields and 

providing medevac services in certain areas in Iraq. 

The petitioner requests relief from the following regulation: 

SFAR 77 prescribes, in pertinent part, that this SFAR does not prohibit certain persons 

described in paragraph 1 (Applicability) from conducting flight operations within the 

territory and airspace of Iraq when such operations are authorized either by another 

agency of the United States Government with the approval of the FAA or by an 

exemption issued by the Administrator. 

The petitioner supports its request with the following information: 

The petitioner seeks relief from all provisions of SFAR 77 which prohibit a U.S. air 

carrier from operating in Iraq. If this petition is granted, Era intends to operate helicopters 

as a contract carrier primarily for oil companies and other potential clients to transport 

passengers and provide medevac services. The petitioner offers personnel transport, 

medevac and firefighting services; serving international oil companies, hospitals and other 

clients. 

AFS-12-010-E 
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The petitioner believes the threat from Saddam Hussein’s regime no longer exists and 

security in Iraq has drastically increased. The petitioner claims the Iraqi government has 

requested the operations of American air carriers and the U.S. Embassy has requested 

amendment of SFAR 77 to facilitate this request. 

The petitioner states the lead operators of five oil fields have expressed interest in 

helicopter transportation. They have also requested helicopter medevac services, which 

are currently not available. Medevac by helicopter covers large distances at increased 

speed and enhances the chance of survival. The few paved roads currently used for 

medevac are susceptible to surveillance and attack. 

The petitioner believes a grant of exemption will contribute to Iraq’s development and 

speed up the development of its economy. Both U.S. and Iraq interests will benefit from 

increased employment of mostly Americans to support these operations and facilitate oil 

production, thereby accelerating Iraq’s stabilization. A grant would support the 

President’s goal of doubling U.S. exports by the end of 2014. 

The petitioner states it provides efficient and safe standards necessary to avoid adverse 

effect on safety for Americans, Iraqis and other workers. The U.S. citizens working for 

oil companies in Iraq, who might travel by air, would be provided with the high level of 

safety standards that apply to a U.S. operator. 

The petitioner would take several steps to mitigate risk, including: limiting operations to 

the Basra region; training pilots on techniques to avoid ground threats; flying in secure 

areas; involving clients’ security firms in flight planning; varying routes; flying at a safe 

altitude; avoiding flying over populated areas; assigning at least one pilot with military 

experience to each operation and avoiding flying during an unusual threat level. 

The petitioner states it has a long history of operating safely in hazardous areas. The Iraqi 

government has approved the petitioner’s parent company from a commercial, legal and 

regulatory standpoint to conduct aviation and other services. The petitioner has been 

approved by Iraqi Civil Aviation Authority to conduct operations. The petitioner states 

the only restriction is SFAR 77. 

The petitioner states it needs to exercise privileges of this exemption outside the U.S., 

since the provisions of SFAR 77 only apply to operations in Iraq. 

A summary of the petition was published in the Federal Register on October 26, 2011 (76 FR 

66351). No comments were received. 

The FAA’s analysis is as follows: 
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The FAA has considered the petitioners’ request and supporting materials and finds that a 

grant of exemption would not be in the public interest and would not provide a level of safety 

equivalent to that provided by the current regulations. 

On November 7, 2011, the FAA requested more detailed information regarding Era’s planned 

operations in Iraq in order for FAA to process Era’s petition for exemption. The information 

requested is as follows: 

 The exact locations of primary and alternate landing sites to be used 

 Plans to mitigate airborne risks 

 Approved survival training and techniques for crewmembers 

 A list of special emergency equipment provided to crewmembers and any special 

aircraft modifications 

 Approved brownout training provided to the flight crewmembers 

 Detailed information about the process to obtain threat information, its dissemination 

to flight crewmembers, and how this information will be used 

Era Helicopters also met with FAA personnel on November 22, 2011, and were given more 

detailed instruction on the information being requested and how to submit this information to 

the docket. 

Because the FAA never received the abovementioned information, we find that the petitioner 

failed to provide needed safety and security information regarding planned flight operations 

in Iraq. Therefore, the FAA denies your petition for exemption. 

The FAA’s Decision: 

In consideration of the foregoing, I find that a grant of exemption would not be in the public 

interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, 

delegated to me by the Administrator, the petition of Era Helicopters LLC for an exemption 

from 14 CFR part 91, Special Federal Aviation Regulation No. 77 is hereby denied. 

Issued in Washington, D.C., on April 30, 2012. . 

/s/ 

John S. Duncan 

Deputy Director, Flight Standards 

 Service