Exemption No. 10523

UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
W ASHINGTON, 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-E2

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 technique s to avoid ground threats; flying in secure areas; involving clients’ security firms in fli ght 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 :3

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 Avia tion Regulation No. 77 is hereby denied.

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

.
/s/ John S. Duncan Deputy Director, Flight Standards
Service