Department of Transportation: Vol. 79 Friday, No. 35 February 21, 2014

Vol.
79 Friday,
No. 35 February 21, 2014
Part II
Department of Transportation
Federal Aviation Administration
14 CFR Parts 91, 120, and 135
Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter
Operations; Final Rule
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9932 Federal Register / Vol. 79, No. 35 / Friday, February 21, 2014 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: For FDR—Flight Data Recorder
technical questions about this action FDMS—Flight Data Monitoring System
Federal Aviation Administration contact Andy Pierce, Aviation Safety FOQA—Flight Operational Quality
Assurance
Inspector, Flight Standards Service, 135 GPS—Global Positioning System
14 CFR Parts 91, 120, and 135 Air Carrier Operations Branch, AFS– HEMS—Helicopter Emergency Medical
250, Federal Aviation Administration, Services
[Docket No.: FAA–2010–0982; Amdt. Nos. 800 Independence Ave. SW., HTAWS—Helicopter Terrain Awareness and
91–330; 120–2; 135–129]
Washington, DC 20591; telephone: (202) Warning System
267–8238; email andy.pierce@faa.gov. ICAO—International Civil Aviation
RIN 2120–AJ53
For legal questions about this action Organization
contact Dean E. Griffith, Office of the IFR—Instrument Flight Rules
Helicopter Air Ambulance, Commercial IMC—Instrument Meteorological Conditions
Helicopter, and Part 91 Helicopter Chief Counsel, AGC–220, Federal LARS—Light-weight Aircraft Recording
Operations Aviation Administration, 800 System
Independence Ave. SW., Washington, MHz—Megahertz
AGENCY: Federal Aviation DC 20591; telephone: (202) 267–3073; MEL—Minimum Equipment List
Administration (FAA), DOT. email dean.griffith@faa.gov. MOU—Memorandum of Understanding
ACTION: Final rule. SUPPLEMENTARY INFORMATION: NM—Nautical Mile
NPRM—Notice of Proposed Rulemaking
SUMMARY: This final rule addresses Authority for This Rulemaking NTSB—National Transportation Safety Board
helicopter air ambulance, commercial NVG—Night Vision Goggles
The FAA’s authority to issue rules on NVIS—Night-Vision Imaging System
helicopter, and general aviation aviation safety is found in Title 49 of the OCC—Operations Control Center
helicopter operations. To address an United States Code (U.S.C.). This OCS—Operations Control Specialist
increase in fatal helicopter air rulemaking is promulgated under the OpSpec—Operations Specification
ambulance accidents, the FAA is general authority described in 49 U.S.C. PinS—Point-in-Space Approach
implementing new operational 106(f) and 44701(a), and the specific PV—Present Value
procedures and additional equipment authority set forth in section 306 of the SAFO—Safety Alert for Operators
requirements for helicopter air TAWS—Terrain Avoidance and Warning
FAA Modernization and Reform Act of
ambulance operations. This final rule System
2012 (Pub. L. 112–95), which is now TSO—Technical Standard Order
also increases safety for commercial codified at 49 U.S.C. 44730. VFR—Visual Flight Rules
helicopter operations by revising Specifically, 49 U.S.C. 44730 requires VMC—Visual Meteorological Conditions
requirements for equipment, pilot that part 135 certificate holders
testing, and alternate airports. It providing air ambulance services Table of Contents
increases weather minimums for all comply with part 135 regulations I. Executive Summary
general aviation helicopter operations. pertaining to weather minimums and II. Background
Many of these requirements address flight and duty time when medical A. Statement of the Problem
National Transportation Safety Board personnel are onboard the aircraft. The B. Related Actions
safety recommendations, and are C. NTSB Recommendations
statute also directs the FAA to conduct D. Congressional Action
already found in FAA guidance. Today’s rulemaking on helicopter air ambulance E. Summary of the NPRM
changes are intended to provide operations to address: (1) Flight request F. General Overview of Comments
certificate holders and pilots with and dispatch procedures; (2) pilot III. Discussion of Public Comments and Final
additional tools and procedures that training standards for preventing Rule
will aid in preventing accidents. controlled flight into terrain and A. Weather Minimums for Helicopters
DATES: This rule is effective April 22, recovery from IIMC; and (3) safety- Flying Under Visual Flight Rules in
enhancing technology and equipment, Class G Airspace (§ 91.155)
2014. Affected parties, however, do not B. Load Manifest Requirement for All
have to comply with the information including, HTAWS, radio altimeters, Aircraft Operating Under Part 135
collection requirements in §§ 120.105(i), and, to the extent feasible, devices that (§ 135.63)
120.215(a)(9), 135.615, 135.617, perform the function of flight data C. Rules Applicable to All Part 135
135.619, and 135.621 until the Office of recorders and cockpit voice recorders. Helicopter Operations
Management and Budget (OMB) Further, section 44730 requires the 1. Radio Altimeter (§ 135.160)
approves the collection and assigns a rulemaking to address: (1) Flight risk 2. Safety Equipment for Overwater
control number under the Paperwork evaluation programs; and (2) operational Operations (§§ 1.1, 135.117, 135.167, and
135.168)
Reduction Act of 1995. The FAA will control centers for helicopter air 3. Pilot Testing for Recovery From IIMC,
publish in the Federal Register a notice ambulance services with 10 or more Whiteout, Brownout, and Flat-Light
of the control number assigned by OMB helicopters. In addition, the statute Conditions (§ 135.293)
for these information collection directs the FAA to issue a final rule by 4. IFR Alternate Airport Weather
requirements. June 1, 2012 with respect to the NPRM Minimums (§ 135.221)
The incorporation by reference of published in the Federal Register on D. Rules Applicable to Helicopter Air
certain publications listed in §§ 135.168 October 12, 2010 (75 FR 62640). Ambulance Operations
and 135.605 is approved by the Director 1. Applicability of Part 135 Rules to
List of Abbreviations and Acronyms Helicopter Air Ambulance Operations
of the Federal Register as of April 22, Used in This Document (§§ 135.1, 135.267, 135.271, 135.601)
2014. 2. Weather Minimums (§ 135.609)
ADDRESSES: For information on where to AC—Advisory Circular 3. IFR Operations at Airports Without
obtain copies of rulemaking documents ARC—Aviation Rulemaking Committee Weather Reporting (§ 135.611)
AWOS—Automated Weather Observation 4. Approach/Departure IFR Transitions
and other information related to this (§ 135.613)
System
final rule, see ‘‘How to Obtain CFIT—Controlled Flight into Terrain 5. VFR Flight Planning (§ 135.615)
Additional Information’’ in the CVR—Cockpit Voice Recorder 6. Pre-Flight Risk Analysis (§ 135.617)
SUPPLEMENTARY INFORMATION section of ELT—Emergency Locator Transmitter 7. Operations Control Centers (§§ 135.619,
this document. EMS—Emergency Medical Service 120.105, and 120.215)
Federal Register / Vol. 79, No. 35 / Friday, February 21, 2014 / Rules and Regulations 9933
8. Briefing of Medical Personnel Table 5 SBA Size Standards (HTAWS) (the HTAWS will warn pilots
(§§ 135.117, 135.621) Table 6 Cost and Present Value (PV) Costs about obstacles in their flight path), and
9. Helicopter Terrain Awareness and for Small Air Ambulance Operators That flight data monitoring systems. Finally,
Warning Systems (HTAWS) (§ 135.605) Apply to the Paperwork Provision
10. Flight Data Monitoring System helicopter air ambulance pilots will be
(§ 135.607) I. Executive Summary required to hold instrument ratings.
11. Pilot Instrument Ratings (§ 135.603) For all helicopters operated under
E. General Comments
The provisions of this rule are
directed primarily toward helicopter air part 135, these rules require that
IV. Regulatory Notices and Analysis
A. Regulatory Evaluation ambulance operations and all operators carry more survival
B. Regulatory Flexibility Determination commercial helicopter operations equipment for operations over water.
C. Regulatory Flexibility Analysis conducted under part 135. This rule Alternate airports named in flight plans
D. International Trade Impact Assessment also establishes new weather minimums must have higher weather minimums
E. Unfunded Mandates Assessment for helicopters operating under part 91 than are currently required. These
F. Paperwork Reduction Act in Class G airspace. helicopters must be equipped with radio
G. International Compatibility
H. Environmental Analysis For helicopter air ambulances, this altimeters and pilots must be able to
I. Regulations Affecting Intrastate Aviation rule requires operations with medical demonstrate that they can maneuver the
in Alaska personnel on board to be conducted aircraft during an inadvertent encounter
V. Executive Order Determinations under part 135 operating rules and with instrument meteorological
A. Executive Order 13132, Federalism introduces new weather minimums and conditions (IMC) to get out of those
B. Executive Order 13211, Regulations visibility requirements for part 135
That Significantly Affect Energy Supply,
conditions safely.
Distribution, or Use
operations. It mandates flight planning, Additionally, this rule contains a
VI. How To Obtain Additional Information preflight risk analyses, safety briefings provision affecting part 91 helicopter
A. Rulemaking Documents for medical personnel, and the
operations. The rule assigns new
B. Comments Submitted to the Docket establishment of operations control
weather minimums to part 91 helicopter
C. Small Business Regulatory Enforcement centers (OCC) for certain operators to
Fairness Act operations in Class G airspace.
help with risk management and flight
Table 1 Affected Entities monitoring. The rule also includes Below, Table 1 shows those affected
Table 2 Comparison of Benefits and Costs by today’s new rules and how existing
provisions to encourage instrument
Over 10 Years by Population
Table 3 Costs Over 10 Years by Rule flight rules (IFR) operations. It requires rules are being changed; Table 2 shows
Provision helicopter air ambulances to be the costs and benefits of the rule by
Table 4 VFR Minimum Altitudes and equipped with both helicopter terrain affected population; and Table 3 shows
Visibility Requirements awareness and warning systems the cost of the rule by rule provision.
TABLE 1—AFFECTED ENTITIES

Affected entities Requirements established by this rule
Part 91—All Helicopter Operators ....................... Revises § 91.155 Class G airspace weather minimums for part 91 helicopter operations. This
rule provides a greater margin of safety for operators because pilots are required to main-
tain a fixed amount of visibility and would be less likely to suddenly encounter instrument
meteorological conditions (IMC).
Part 135—All Rotorcraft Operators ..................... • Requires each rotorcraft to be equipped with a radio altimeter (§ 135.160). Radio altimeters
can greatly improve a pilot’s awareness of height above the ground during hover, landing in
unimproved landing zones, and landings in confined areas where a more vertical approach
may be required. Additionally, radio altimeters help increase situational awareness during in-
advertent flight into instrument meteorological conditions (IIMC), night operations, and flat-
light, whiteout, and brownout conditions.
• Adds § 135.168 equipment requirements for rotorcraft operated over water. Helicopter oper-
ations conducted over water will be required to carry additional safety equipment to assist
passengers and crew in the event an accident occurs over water.
• Revises alternate airport weather minimums for rotorcraft in § 135.221. This rule improves
the likelihood of being able to land at the alternate airport if weather conditions in the area
deteriorate while the helicopter is en route.
• Revises § 135.293 to require pilot testing of rotorcraft handling in flat-light, whiteout, and
brownout conditions and demonstration of competency in recovery from an IIMC. This rule
improves safety by increasing a pilot’s likelihood of escaping and handling IIMC and other
hazards.
Part 135—Helicopter Air Ambulance Operators. • Requires helicopter air ambulance flights with medical personnel on board to be conducted
under part 135 (§§ 135.1, 135.601). The safety of helicopter air ambulance flights, including
the welfare of the medical personnel and patients on board, will be increased when com-
plying with the more stringent part 135 rules rather than part 91 rules.
• Requires certificate holders with 10 or more helicopter air ambulances to establish oper-
ations control centers (OCC) (§ 135.619) and requires drug and alcohol testing for oper-
ations control specialists (§§ 120.105 and 120.215). OCC personnel will communicate with
pilots, provide weather information, monitor flights and assist with preflight risk assessments
providing an additional measure of safety for complex operations. Operations control spe-
cialists perform safety-sensitive functions, similar to an aircraft dispatcher, and therefore
must be subject to the restrictions on drug and alcohol use.
• Requires helicopter air ambulances to be equipped with HTAWS (§ 135.605). HTAWS will
assist helicopter air ambulance pilots in maintaining situational awareness of surrounding
terrain and obstacles, and therefore help prevent accidents.
TABLE 1—AFFECTED ENTITIES—Continued

Affected entities Requirements established by this rule
• Requires helicopter air ambulances to be equipped with a flight data monitoring system
(§ 135.607). This will promote operational safety and can provide critical information to in-
vestigators in the event of an accident.
• Requires each helicopter air ambulance operator to establish and document, in its oper-
ations manual, an FAA-approved preflight risk analysis (§ 135.617). A preflight risk analysis
provides certificate holders with the means to assess and mitigate risk, and make deter-
minations regarding the flight’s safety before launch.
• Requires pilots to identify and document the highest obstacle along the planned route
(§ 135.615). This rule will prevent obstacle collisions by requiring pilots to be aware of the
terrain and obstacles along their route.
• Requires safety briefings or training for helicopter air ambulance medical personnel
(§ 135.621). Medical personnel will be less likely to inadvertently introduce risk to an oper-
ation because of increased familiarity with the aircraft and emergency procedures.
• Establishes visual flight rules (VFR) weather minimums for helicopter air ambulance oper-
ations (§ 135.609). More stringent VFR weather minimums for helicopter air ambulances op-
erations in uncontrolled airspace will have the effect of ensuring that these operations are
not conducted in marginal weather conditions.
• Permits instrument flight rules (IFR) operations at airports without weather reporting
(§ 135.611). This rule is intended to facilitate IFR operations by helicopter air ambulance op-
erators and result in more aircraft operating in a positively controlled environment, thereby
increasing safety.
• Establishes procedures for transitioning between IFR and VFR on approach to, and depar-
ture from, heliports or landing areas (§ 135.613). This rule benefits pilots by enabling them
to access more destinations by flying within the IFR structure and its associated safety ben-
efits.
• Requires pilots in command to hold an instrument rating (§ 135.603). Having the skills to
navigate by instruments will assist helicopter air ambulance pilots to extract themselves
from dangerous situations such as inadvertent flight into IMC.
ER21FE14.000</GPH>
II. Background In addition to addressing the causal The following is a list of those
factors of these accidents, this rule also recommendations, what they required,
A. Statement of the Problem
addresses National Transportation and how they relate to the rules being
Helicopter air ambulance accidents Safety Board (NTSB) safety codified today.
reached historic levels during the years recommendations and
from 2003 through 2008.1 The year 2008 Recommendations on Helicopter Air
recommendations made by the Part 125/
was the deadliest. In 2008, five air Ambulance Operations
135 Aviation Rulemaking Committee
ambulance accidents killed 21 people, (ARC). A–06–12—Recommends that the FAA
including pilots, patients, and medical require all emergency medical services
B. Related Actions (EMS) operators to comply with 14 CFR
personnel. This rule addresses the
causes of 62 helicopter air ambulance The FAA has taken actions to address part 135 operations specifications
accidents that occurred during the the problem of helicopter accidents, during the conduct of flights with
period from 1991 through 2010. One such as developing standards and medical personnel on board. The FAA
hundred twenty-five people died in issuing guidance, which were discussed has addressed this recommendation in
those accidents. The FAA identified in the Notice of Proposed Rulemaking § 135.1, which requires helicopter air
four common factors in those (NPRM) (published October 12, 2010). ambulance operations to be conducted
accidents—inadvertent flight into IMC, In addition to the actions noted there, under part 135 rules.
loss of control, controlled flight into the FAA has revised its guidance A–06–13—Recommends that the FAA
terrain (which includes mountains, materials to align with the provisions of require all EMS operators to develop
ground, water, and man-made this new rule. and implement flight-risk evaluation
obstacles), and night conditions. programs that include training for all
ARC Recommendations employees involved in the operation,
Helicopter air ambulances operate
under unique conditions. Their flights On April 8, 2003, the FAA formed the procedures that support the systematic
are often time sensitive, which puts Part 125/135 ARC. This group was evaluation of flight risks, and
pressure on the pilots. Helicopter air tasked to perform a comprehensive consultation with others in emergency
ambulances fly at low altitudes and review of parts 125 and 135 and provide medical service flight operations if the
under varied weather conditions. They recommendations on rule changes. The risks reach a predefined level. The FAA
must often land at unfamiliar, remote, or ARC had close to 200 participants, has partially addressed this
unimproved sites with hazards like representing a broad range of interests, recommendation in § 135.617, which
and included members of the operator requires a preflight risk analysis prior to
trees, buildings, towers, wires, and
community, unions, trade associations, helicopter air ambulance operations.
uneven terrain. In an emergency, many
government, and manufacturers. The A–06–14—Recommends that the FAA
patients will not have a choice of
ARC worked for 2 years—from 2003 to require EMS operators to use formalized
whether they want to be transported in
2005—and had eight working groups dispatch and flight-monitoring
a helicopter or not. They may be in a
studying a wide range of subjects. They procedures that include up-to-date
medical condition that prevents them
made the recommendations for weather information and assistance in
from making decisions about
helicopter air ambulance operations and flight risk assessment decisions. The
transportation or indicating what they
other commercial helicopter operations FAA has partially addressed this
want. They cannot choose between
that form the basis of several of the recommendation in § 135.619, which
competing carriers because the company provisions in this final rule. ARC
that responds to the scene may be either requires OCCs for certificate holders
proposals addressed in this rulemaking with 10 or more helicopter air
the first one called or the only one in include equipping helicopters with
the area. For these reasons, the FAA is ambulances.
radio altimeters, increasing weather A–06–15—Recommends that the FAA
establishing more stringent safety minimums for helicopter air ambulance require EMS operators to install terrain
regulations to protect patients, medical operations, requiring additional safety awareness and warning systems on their
personnel, flightcrew members, and equipment for overwater operations, aircraft and to provide adequate training
other passengers onboard helicopter air requiring pilot testing on recovery from to ensure that flightcrews are capable of
ambulances. IIMC, and revising alternate airport
The FAA also identified an increase using those systems to safely conduct
weather requirements for instrument EMS operations. The FAA addressed
in accidents in other commercial
flight rules. this recommendation in § 135.605,
helicopter operations. This rule
addresses the causes of 20 commercial C. NTSB Recommendations for which requires equipping helicopter air
helicopter accidents that occurred from Helicopter Operations ambulances with HTAWS.
A–09–87—Recommends that the FAA
1991 through 2010. Thirty-nine people Many of the requirements in this rule develop criteria for scenario-based
died in those accidents. Also from 1991 were developed, in part, in response to helicopter EMS pilot training that
to 2010, there were 49 accidents that safety recommendations from the NTSB. includes IIMC and hazards unique to
occurred while the helicopter was
helicopter emergency medical services
operating under basic VFR weather snow-covered, greatly impairing the pilot’s ability (HEMS), and determine how frequently
minimums and those accidents caused to perceive depth, distance, altitude, or
topographical features when operating under VFR. this training is required to ensure
63 fatalities. The FAA has determined
See NTSB Safety Recommendation A–02–33. proficiency. The FAA has addressed
that these accidents may have been Whiteout occurs when parallel rays of the sun are this recommendation by revising
prevented if pilots and helicopters were broken up and diffused when passing through the § 135.293, which would require that
better equipped for IIMC, flat-light, cloud layer so that they strike a snow-covered
surface from many angles. The diffused light then pilots be tested on recognizing and
whiteout, and brownout conditions, and
reflects back and forth countless times between the avoiding flat-light, whiteout, and
for flights over water.2 snow and the cloud, eliminating all shadows, brownout conditions, and that they
resulting in loss of depth perception. See FAA AC demonstrate recovery from IIMC.
1 GAO, Aviation Safety: Potential Strategies to
00–6A, Aviation Weather for Pilots and Flight
Address Air Ambulance Safety Concerns (2009). Operations Personnel. Brownout conditions occur
A–09–89—Recommends that the FAA
2 Flat light is the diffused lighting that occurs when sand or other particles restrict visibility and require helicopter air ambulance
under cloudy skies, especially when the ground is depth perception. operators to implement a safety
management system program that routinely occur. The FAA has addressed safety-enhancing technology and
includes sound risk management this recommendation in § 135.160, equipment including, HTAWS, radio
practices. The FAA partially addressed which requires installation of a radio altimeters, and, to the extent feasible,
this recommendation by requiring altimeter in every helicopter operated devices that perform the function of
elements of a safety management system under part 135. flight data recorders and cockpit voice
program for helicopter air ambulance A–06–17—Recommends that the FAA recorders. Additionally, the Act requires
operators. Section 135.607 requires require all rotorcraft operating under 14 the rulemaking to address: (1) Flight risk
equipping helicopter air ambulances CFR parts 91 and 135 with a transport- evaluation programs; and (2) operational
with flight data monitoring systems, category certification to be equipped control centers for helicopter air
which can be used to identify risk. with a cockpit voice recorder and a ambulance services with 10 or more
§ 135.617 requires a preflight risk flight data recorder. The FAA has helicopters.
analysis for helicopter air ambulance partially addressed this The FAA is also directed to conduct
operations, and § 135.619 requires OCCs recommendation in § 135.607, which a subsequent rulemaking addressing
for certificate holders with 10 or more requires equipping helicopter air pilot training standards, and the use of
helicopter air ambulances. ambulances with a flight data safety equipment that should be worn or
A–09–90—Recommends that the FAA monitoring system. used by flight crewmembers and
require helicopter air ambulance A–07–87—Recommends that the FAA medical personnel on helicopter air
operators to install flight data recording require all existing and new turbine- ambulance flights.
devices and establish a structured flight powered helicopters operating in the Section 318 of the Act requires the
data monitoring program that reviews Gulf of Mexico and certificated with five FAA to study the ‘‘feasibility of
all available data sources to identify or more seats to be equipped with requiring pilots of helicopters providing
deviations from established norms and externally-mounted life rafts large air ambulance services under part 135
procedures and other potential safety enough to accommodate all occupants. . . . to use NVGs during nighttime
issues. The FAA has partially addressed As discussed below this operations.’’
this recommendation in § 135.607, recommendation is not addressed by
which requires equipping helicopter air this final rule. E. Summary of the NPRM
ambulances with flight data monitoring A–07–88—Recommends that the FAA An NPRM was published in the
devices. require all off-shore helicopter operators Federal Register on October 12, 2010
in the Gulf of Mexico to provide their (75 FR 62640). That notice proposed—
Recommendations for Commercial
Helicopter Operations
flightcrews with personal flotation • Revised weather minimums for all
devices equipped with a waterproof helicopter operations under part 91.
A–02–33—Recommends that the FAA global-positioning-system-enabled 406 • New load manifest requirements for
require all helicopter pilots who megahertz (MHz) personal locater all aircraft operations under part 135.
conduct commercial passenger-carrying beacon, as well as one other signaling • New operations, training, and
flights in areas where flat-light or device, such as a signaling mirror or equipment requirements for all
whiteout conditions routinely occur to strobe light. The FAA partially helicopter operations under part 135.
possess a helicopter-specific instrument addresses this recommendation in • New operations, training,
rating and to demonstrate their § 135.168, which requires that equipment, and flightcrew requirements
competency during initial and recurrent helicopters used in operations beyond for helicopter air ambulance operations
14 CFR 135.293 evaluation check rides. autorotational distance from the under part 135.
The FAA has addressed this shoreline be equipped with a 406 MHz The comment period for that NPRM
recommendation by revising § 135.293, locator beacon with a 121.5 MHz closed on January 10, 2011.
which requires testing pilots for homing capability and that passengers
recognition and avoidance of flat-light, F. General Overview of Comments
wear life preservers when over water.
whiteout, and brownout conditions, and A–99–61—Recommends that the FAA The FAA received 179 comments
a demonstration of recovery from IIMC. amend record-keeping requirements in about the proposal for this rulemaking.
Also § 135.603, which requires an § 135.63(c) to apply to single-engine as Among those commenting were 32
instrument rating for helicopter air well as multiengine aircraft. As operators, 11 manufacturers, and 13
ambulance pilots, addresses this discussed below this recommendation is associations. Almost all of the
recommendation. not addressed by this final rule. commenters expressed support for the
A–02–34—Recommends that the FAA intent of the proposal but many
require all commercial helicopter D. Congressional Action
suggested changes to individual
operators conducting passenger-carrying On February 14, 2012, President requirements. Almost all of the
flights in areas where flat-light or Obama signed into law the FAA provisions of the rule received some
whiteout conditions routinely occur to Modernization and Reform Act of 2012 comment.
include safe practices for operating in (Pub. L. 112–95). Section 306 of the Act
those conditions in their approved requires that part 135 certificate holders III. Discussion of Public Comments and
training programs. The FAA has providing air ambulance services to Final Rule
partially addressed this comply with part 135 regulations This final rule affects three categories
recommendation in § 135.293, which pertaining to weather minimums and of operators—part 91 helicopter
requires pilot testing on recognizing and flight and duty time when medical operators, part 135 helicopter operators,
avoiding flat-light, whiteout, and personnel are onboard the aircraft. and helicopter air ambulance operators
brownout conditions, and a Section 306 also directs the FAA to in part 135. Although addressed in the
demonstration of recovery from IIMC. conduct rulemaking on helicopter air NPRM, the final rule does not contain
A–02–35—Recommends that the FAA ambulance operations which will a load manifest requirement for all
require installation of radio altimeters in address: (1) Flight request and dispatch aircraft operations under part 135.
all helicopters conducting commercial, procedures; (2) pilot training standards Following is a discussion of the current
passenger-carrying operations in areas for preventing controlled flight into standards, each new rule as it was
where flat-light or whiteout conditions terrain and recovery from IIMC; and (3) proposed, the public comments that
were received about that rule, and the accidents in the last 5 years of NTSB The Los Angeles County Sheriff’s
final rule as it is adopted today. data that could have been avoided department wrote that public safety
under this change. agencies must be able to make ‘‘go/no
A. Weather Minimums for Helicopters
The FAA acknowledges that the go’’ decisions based on the higher
Flying Under Visual Flight Rules in
NPRM did not contain accident data experience level of their pilots and
Class G Airspace (§ 91.155)
relating to this proposed change. knowledge of the local flying areas. The
Currently, helicopters operating in However, in response to these commenter stated that weather
Class G airspace, under VFR and less comments, the FAA conducted a review restrictions would limit its ability to
than 1,200 feet above the surface, are of accidents to determine whether NTSB perform numerous search and rescue
required by § 91.155(b)(1) to remain accident data supports the proposal. A missions. Air Shasta also stated that a
clear of clouds and to operate at a speed review of the accident history for the ‘‘detrimental consequence of these
that gives the pilot adequate period from 1991 to 2010, the same time proposed limitations would be
opportunity to see any air traffic or period used for the other provisions of cancelling or delaying of search and
obstruction in time to avoid a collision. this rule, showed that there were 49 rescue missions’’ it occasionally
The FAA proposed to revise § 91.155 to helicopter accidents resulting in 63 performs.
establish a minimum 1⁄2 statute mile deaths that may have been prevented Westlog stated that the current
visibility by day and one statute mile had this rule been in place. The FAA requirement is safe for helicopters
visibility at night. The FAA received determined that these accidents, which operating clear of clouds because they
comments expressing support for the occurred when visibility was less than can stop and land at zero airspeed and
proposal from the Air Medical 1⁄2 mile during the day or 1 mile at commented that this helicopter
Operators Association (AMOA), PHI Air operation is safer than an airplane
night, and for which controlled flight
Medical (PHI), NTSB, the National EMS operating clear of clouds at night with
into terrain, fog, rain, or other adverse
Pilots Association (NEMSPA), members one mile of visibility when within 1⁄2
weather were contributing factors, may
of the Association of Critical Care mile of the runway under § 91.155(b)(2).
have been prevented had the rule been
Transport (ACCT), LifeFlight of Maine, Additionally, Westlog noted that it
in effect. Accordingly, the FAA has
and REACH Air Medical Services, LLC operates in coastal Oregon and Northern
determined that the accident history
(REACH). Other commenters expressed California and frequents uncontrolled
supports this change.
opposition based on the FAA’s accident airports served by automated weather
analysis and concern over operational Operational Limitations observation systems (AWOS). Because
limitations that are discussed below. coastal advection fog is common in this
Several commenters expressed
Accident Analysis area, the commenter explained, an
concern that the proposed change
AWOS will often report 1⁄4 mile
The Experimental Aircraft would prevent operations that are
visibility when over half the airport is
Association (EAA) commented that the currently being conducted safely. EAA
clear, with 15 miles visibility or more.
FAA failed to provide documentation to stated that § 91.155 has been in effect
Westlog claimed that, even with a
support a change to § 91.155 for all since the early 1970s and has been
reported 1⁄4 mile visibility, a helicopter
general aviation and commercial safely used since that time. It noted that
can take off safely under visual flight
helicopter operators. Kestrel Air many helicopter operations such as
rules by simply departing into the non-
commented that the FAA did not firefighting, wildlife surveys, logging
foggy area. Air Shasta similarly
correlate the air ambulance accident rate operations, off-shore fish sighting commented that it has performed
with whether the helicopter was surveys, herding, crop spraying, and numerous searches when conditions at
operating under part 91 or part 135. It power line/high tension wire the departure airport were below what
noted that in the NPRM, the FAA cited maintenance/surveys occur from remote was proposed in the NPRM, but where
emotional pressure on pilots to fly if field bases, with the majority of it could find a point at the airport that
they believed their flight could save operations occurring close to those was clear enough to depart safely.
lives, and said that this was considered bases. Further, EAA stated that pilots, One commenter, Safety and Flight
a significant factor in the air ambulance based on their experience, are the best Evaluations, International stated that the
industry’s higher accident rate. Kestrel judge of what speed and visibility are proposed rule would have an
said that this factor is lacking in other acceptable for safe operation in those insufficient impact on safety because
part 91 operations, so there is no basis circumstances and that ‘‘to impose a the proposed weather minimums are
to presume the proposed change would visibility limit shows the FAA does not equivalent to § 135.205(b) and that the
have any positive impact on these other truly understand the entire scope of visibility requirements should be
operators. The FAA notes that many what commercial and private helicopter doubled to 1 statute mile during the day
operations under part 91, such as missions are and their combined effect and 2 statute miles at night.
firefighting, police work, crop spraying, on the national economy.’’ The FAA has determined that the
pipeline patrol, and power line repair Commenters from EGLI Air Haul also change proposed in the NPRM is
can put pressure on a pilot and may be believe that part 91 should remain warranted. As discussed above, the FAA
a contributing factor in their industry’s unchanged so that the pilot can decide has identified numerous accidents that
accident rate. whether visibility is adequate. In may have been prevented had the
Air Shasta Rotor and Wing, LLC (Air support of leaving the regulation changes been in place. In response to
Shasta) commented that in a review of unchanged, they cited an instance when Westlog’s comments about foggy
the last 5 years of NTSB non-EMS part an EGLI pilot made a decision to fly in conditions and readings by an AWOS,
91 helicopter accident data, it was conditions below those proposed in the the FAA is aware that visibility at some
‘‘unable to find a particular accident NPRM to aid survivors of an airplane parts of an airport may be sufficiently
that could have been avoided if the pilot crash who were trapped on a clear to conduct operations even though
did not have the proposed requirement’’ mountainside. They contend that the the AWOS is reporting minimum
of 1⁄2 mile visibility and clear of clouds. proposed change to § 91.155 would have visibility. Section 91.155 establishes
Likewise, Westlog, Inc. (Westlog) prevented this pilot from reaching the flight visibility requirements for part 91
claimed that it could not find any survivors. VFR operations. Therefore, if the pilot
determines that flight visibility 3 meets currently have no requirement to C. Rules Applicable to All Part 135
the requirements of § 91.155 at the prepare a load manifest. Helicopter Operations
takeoff location, despite the weather In the NPRM, the FAA proposed to 1. Radio Altimeters (§ 135.160)
reported by the AWOS, the pilot may apply the rule to all airplanes and
take off. helicopters, single engine and The FAA proposed a new requirement
The FAA recognizes that this change multiengine, operating under part 135, for all rotorcraft operated under part 135
will prohibit operations that are and to clarify the requirements for to be equipped with a radio altimeter.
currently conducted in very low preparation and transmission of the load Commenters, including AAMS and
visibility conditions in Class G airspace, manifest. The proposal required that the various ACCT members, supported this
including civil and public aircraft load manifest be sent to the certificate proposal. The NTSB supported it as
operations. However, the FAA has holder’s principal base of operations or well and emphasized that, if adopted,
determined that the increased safety to another location approved by the this proposal would respond to NTSB
justifies any prohibitions that would Administrator, where it must be Safety Recommendation A–02–35.
received before takeoff. The proposal Other commenters, however, objected
result. Under current regulations, an
allowed for the load manifest to be to this provision on grounds that radio
operator may apply for a certificate of
provided electronically. It required that altimeters are not effective in all
waiver from § 91.155. The
if the load manifest is not received by situations, that the rule would not be
Administrator may issue a certificate of
cost beneficial, and that not all
waiver if a proposed operation can be the certificate holder’s principal base of
helicopters can incorporate radio
safely conducted. See 14 CFR 91.903– operations before takeoff, the pilot must
altimeters. These comments are
91.905. The FAA has determined that prepare two copies and carry one copy
discussed in detail below.
this existing waiver authority will on the aircraft to its destination and
provide sufficient flexibility to operators arrange, at the takeoff location, for the Effectiveness
that can safely conduct operations when second copy to be sent to the certificate PHI claimed radio altimeters have
visibility is below the requirements holder or retained until the flight is minimal impact on pilots flying by
established in this rule. complete at a location approved by the visual reference in daytime and that the
In response to the comment by Safety Administrator. accident record shows that radio
and Flight Evaluations, International The FAA estimated this provision altimeters have not prevented
that the visibility requirements should would impose costs of $82 million controlled-flight-into-terrain accidents.
be doubled, implementing more (present value) over 10 years while the NorthStar Trekking, an Alaskan
restrictive visibility minimums than benefits were estimated at $20 million operator, commented that radio
those proposed would be outside of the (present value) over 10 years. The FAA altimeters are unreliable, give erroneous
scope of the proposed rule. requested comments on the cost of the information over snow-covered surfaces,
load manifest provision. and realistically create nothing more
Final Rule
The NTSB supported this revision than a distraction in a day VFR
Based on the comments received and and commented that it responds to environment. One commenter stated
an additional review of the NPRM, the NTSB Safety Recommendation A–99– that TAWS is a better investment
FAA is adopting the rule as proposed 61. The Association of Air Medical because radio altimeters ‘‘tell distance
with two changes. First, the agency has Services (AAMS), NEMSPA, Helicopter to where the aircraft has already been
changed proposed § 91.155(b)(1) to Association International (HAI), and not where it’s going to impact.’’
allow helicopters to operate clear of Angel One Transport supported the Finally, FreeFlight Systems, an
clouds in an airport or heliport traffic intent to maintain accurate load avionics manufacturer, commented that
pattern within 1⁄2 mile of the runway or manifest records, but they, and many the radio altimeter should have the
helipad of intended landing if the flight other commenters, expressed concerns ‘‘performance guarantees of [Technical
visibility is 1⁄2 statute mile or more. The about the cost, justification, and Standard Order] TSO–C87 and be
agency finds that this revision will operational impact of this requirement. designated in accordance with DO–178B
provide an additional measure of Commenters noted the high cost of this and DO–254 with at least a Level C
flexibility when operating at night in an requirement and questioned how this design assurance.’’ It further stated that
airport environment similar to that provision would prevent accidents. some radio altimeters with ‘‘only a
afforded to airplanes under the current Based on the comments received and PMA—lacking a TSO’’ are less accurate
rule. Second, for consistency with the additional review of the NPRM, the at low altitudes which could impact the
existing regulation, the final rule FAA is withdrawing the load manifest ability to gauge altitude in critical
incorporates the visibility minimums requirement proposed in the NRPM conditions.
into § 91.155(a), instead of § 91.155(b)(1) because of the excessive cost of this The FAA determined that radio
as proposed in the NPRM. provision. Therefore, the current rule altimeters are an important safety device
language in § 135.63 remains designed to inform the pilot of the
B. Load Manifest Requirement for All
unchanged. aircraft’s actual height above the
Aircraft Operating Under Part 135
(§ 135.63) The FAA notes that other regulations surface. Although it is true that a radio
currently in place require pilots to altimeter may have minimal impact on
Currently, § 135.63 requires operators comply with the operating limitations of daytime visual reference flight, this
of multiengine aircraft to complete a the aircraft and to be familiar with all device gives pilots an additional tool to
load manifest in duplicate and carry one information concerning a flight, which maintain situational awareness in an
copy aboard the aircraft. No specific would include the type of information inadvertent encounter with IMC, where
action is required for the second copy, included on a load manifest. See vision is suddenly limited due to
but certificate holders must retain a §§ 91.9(a) and 91.103. Additionally, the brownout or whiteout, or other
copy of the completed load manifest for FAA will consider issuing guidance situations where pilots lose their
at least 30 days. Single engine aircraft material in order to clarify the reference to the horizon and the ground.
requirements for preparation and Additionally, as stated in the NPRM, a
3 See 14 CFR 1.1. transmission of the load manifest. radio altimeter can aid a pilot’s
awareness of height above the ground Manufacturer Approval; under a TSO Both commenters said that if they are
during hover, when landing in authorization; in conjunction with type forced to install a radio altimeter, they
unimproved landing zones, or where a certification procedures for a product; or would have to remove vital equipment,
more vertical approach is required. All approved in any other manner by the such as the artificial horizon, because
of these scenarios can occur during the Administrator. See 14 CFR 21.303. The there is no room to fit anything more on
day. minimum performance of a TSO or a the instrument panel. Several
In response to the comments that a parts-manufacturer-approved radio commenters, including REACH,
radio altimeter may not prevent a altimeter must be demonstrated to meet supported the rule, provided they were
controlled-flight-into-terrain accident, the intended function. able to continue operation without a
as discussed in the NPRM, NTSB safety radio altimeter within a limited period
recommendation A–02–35 noted that Cost
and with acceptable alternative
radio altimeters might aid pilots in NorthStar Trekking commented that procedures as prescribed under
recognizing proximity to the ground in contrary to the FAA’s assertion that the minimum equipment lists (MELs).
flat-light and whiteout conditions. cost of radio altimeters is negligible, an The final rule states that an operator
Additionally, the FAA cites 29 altimeter costs roughly $6,000, with an must have an ‘‘FAA-approved radio
accidents in the final regulatory additional $500 in maintenance altimeter, or an FAA-approved device
evaluation that may have been annually—money that could be better that incorporates a radio alti-
prevented by a radio altimeter. Of the 29 spent on training, early retirement of meter. . . .’’ The FAA recognizes that
accidents, 19 were classified as parts, extra pilots, and appropriate limited numbers of older helicopters
controlled flight into terrain by the avionics that ‘‘truly have an effect on used in part 135 operations (e.g. Bell–
NTSB. A radio altimeter could have our overall safety. . . .’’ It further stated 47, Robinson R–22) may not have
provided the pilot with a low altitude that the accident cited in the NPRM adequate room on the flight deck to
warning, enabling the pilot to take would not have been prevented by a install a radio altimeter. In response to
corrective action. radio altimeter. It noted that the these comments, the FAA is including
In response to NorthStar Trekking, the accident may have been far worse had the ability for a certificate holder to
FAA acknowledges that, in limited a radio altimeter been installed on the obtain a deviation from the rule for
circumstances, such as when operating helicopter because of snow and fog, and circumstances when a radio altimeter
over dry snow or still water, a radio had the pilot tried to maintain a higher cannot physically be located on the
altimeter may provide inaccurate altitude by use of a radio altimeter he flight deck. However, we also note that
altitude readings. Improper installation may have flown into IMC conditions. an HTAWS or other device such as a
of a radio altimeter may exacerbate this Westlog claimed that requiring a non- multi-function display that incorporates
problem. The FAA has determined that air ambulance operator to have a radio a radio altimeter would be permitted
these infrequent inaccurate readings do altimeter installed is simply too onerous under this rule. Deviation authority may
not outweigh the safety benefits that with very little documented benefit. not be warranted for helicopters in
will be obtained by requiring Westlog based this comment on its which a radio altimeter can be
installation of radio altimeters in the review of NTSB accident data for the incorporated into the flight deck’s
commercial helicopter fleet. non-air ambulance part 135 helicopter existing configuration. Additionally, the
In response to the comment that this industry. It noted that the only non-air operator may not use information
device only tells where the aircraft has ambulance accident cited in the NPRM derived from a global positioning
been, meaning that it cannot detect occurred in Alaska and maintained that system (GPS) as a substitute for a radio
obstacles in the flight path, a a radio altimeter requirement is not altimeter.
descending altitude read-out on the justified for all geographic locations. In Finally, the FAA notes that the rule
radio altimeter could alert a pilot to response to Westlog’s comment, the language proposed in the NPRM
rising terrain or decreasing altitude over FAA notes that it identified 11 non-air exempting operators from the radio
level terrain. Accordingly, although the ambulance commercial helicopter altimeter requirement when ‘‘authorized
radio altimeter does not reveal obstacles accidents in the final Regulatory in the certificate holder’s approved’’
in the flight path, it does provide Evaluation that might have been MEL is adopted in the final rule. The
valuable information to maintain prevented if an operational radio particular requirements relating to
situational awareness. The FAA agrees altimeter had been installed in the operations with inoperable radio
with the commenter that TAWS or aircraft. These accidents were also cited altimeters would be developed by
HTAWS are valuable tools, but is not in the initial Regulatory Evaluation FAA’s Flight Standards Service in
going to extend the requirement to published in the docket with the NPRM. accordance with its existing master
equip with one of these devices to the With respect to the comment on the minimum equipment list (MMEL)
entire part 135 helicopter population at cost of a radio altimeter, in the initial process.
this time. Rather, as discussed later in regulatory evaluation, the FAA
this document and in the NPRM, the Compliance Date
estimated the cost of a radio altimeter to
FAA is requiring HTAWS for helicopter be $5,250 (including installation), plus The FAA asked for comments on the
air ambulance operations because they revenue losses for downtime during proposed 3-year compliance period for
are often conducted at night and into installation. For the final regulatory the radio altimeter provision. The NTSB
unimproved landing sites. evaluation, the FAA revised this cost responded that the compliance period
Finally, the FAA is not requiring a estimate to a $9,000 cost for the device, for this requirement should be reduced
radio altimeter that meets Technical which was the highest estimate given by to 1 year because radio altimeters are
Standard Order TSO–C87. The FAA commenters, plus $500 annually for readily available for helicopter
determined that an FAA-approved radio maintenance. installation. FreeFlight Systems
altimeter is sufficient because the encouraged adoption as soon as
intended function is demonstrated Need for Flexibility possible, but commented that a 3-year
regardless of the type of FAA approval. Westlog and Air Shasta expressed time frame ‘‘seems reasonable since
A radio altimeter may be approved in concern that their helicopters cannot affordable, light-weight equipment is
one of four ways: Under a Parts accommodate additional equipment. already available.’’ The FAA also notes
comments discussed above regarding operators must comply with overwater engaged in extended overwater
concerns about the time it takes to equipment requirements in operations.
obtain FAA approval for equipment § 91.205(b)(12) and performance Nevertheless, as discussed below, the
installations. requirements for aircraft in § 135.183 FAA is retaining the requirements that
The FAA is implementing the 3-year when conducting overwater operations. life preservers be worn when the aircraft
compliance period proposed in the In the NPRM, the requirements for is operated beyond autorotational
NPRM. We have determined, based on helicopter overwater operations were distance from the shoreline and for
the comments, that part 135 helicopter contained in a new section, § 135.168. helicopters to be equipped with a 406
operators will be able to comply with Additionally, the NPRM proposed MHz ELT. The FAA believes it is
the rule in that time period. The FAA removing the reference to off-shore important to provide passengers with
also does not anticipate undue delay in heliports from § 1.1 to define extended this base level of equipment to increase
approving radio altimeter installations overwater operations as operations more the odds of surviving a crash into the
because they are readily available on the than 50 NM from the nearest shoreline. water. As discussed above, when
market and installation procedures are The FAA proposed to amend § 135.167 conducting the accident analysis, the
well established. to exclude rotorcraft. The FAA received FAA reviewed each piece of equipment
comments on the framework of the proposed in this provision and found
Requirement for Helicopter Air
proposed rule and the equipment that, of the proposed equipment, life
Ambulances To Be Equipped With
requirements. Based on these comments preservers would generate the most
Radio Altimeters and HTAWS
and further review of the NPRM, the benefits.
The FAA proposed that helicopters FAA has made significant revisions to The FAA is not adopting the proposed
used in air ambulance operations be this rule. pyrotechnic signaling device
equipped with both a radio altimeter Primarily, the FAA has removed the requirement because § 91.205(b)(12)
and an HTAWS unit and asked for requirement for helicopters to equip currently requires aircraft operated
comments on the safety benefits of with life rafts when beyond overwater to be equipped with ‘‘at least
installing both devices. The FAA is autorotational distance from the one pyrotechnic signaling device.’’
requiring in the final rule that helicopter shoreline. The FAA is removing the life
air ambulances be equipped with both 406 MHz Emergency Locator
raft requirement proposed in the NPRM
a radio altimeter and HTAWS. Aviation Transmitters
because the cost of equipping with life
Solutions Group, LLC, a member of rafts would not be justified by an This final rule requires that each
ACCT, agreed with the proposal to increase in the survivability of helicopter have an approved emergency
require both technologies to ‘‘provide accidents. The FAA reviewed accidents locator transmitter (ELT)—ELT 406/
optimal situational awareness.’’ This to ascertain the cost and benefit of each 121.5MHz. The NPRM proposed a TSO–
comment was echoed by other ACCT piece of equipment proposed in the C126a approved 406 MHz ELT that only
members. LifeFlight of Maine NPRM and determined that benefits needed to be carried on the rafts. The
commented that use of a radio altimeter from the accidents cited in the NPRM final rule language has been changed to
and HTAWS provides multiple sources do not justify the costs of imposing the require that single and multiengine
of low-altitude warnings to pilots. life raft requirement. This is for two helicopters, not the raft, be equipped
We reiterate the statements in the reasons. First, there are relatively few with an ELT. This will ensure that all
NPRM that an HTAWS that incorporates accidents beyond autorotational helicopters that conduct operations
or works in conjunction with a radio distance from the shoreline. Second, beyond autorotational distance from the
altimeter function would meet the among the accidents identified, few shoreline will have the added safety
requirements of § 135.160 because those qualify as survivable and, of the benefit of a rescue locating and
units measure altitude by actively survivable accidents, the requirement to signaling device. This final rule requires
sending radio signals to the surface. wear life preservers would generate the an ELT that transmits on the 406 MHz
They do not rely on a preprogrammed greatest likelihood of surviving in the frequency but also includes a low-power
database to derive altitude information. water. Accordingly, the proposed life 121.5 MHz homing device. The 121.5
Therefore an HTAWS without a radio raft requirement is not being MHz frequency remains allocated to
altimeter function would not meet the implemented in the final rule. aviation emergencies and continues to
requirements of § 135.160. The FAA is also not implementing the be monitored by air traffic control, flight
The rule is adopted as proposed.4 proposed revision to the definition of service stations, other emergency
‘‘extended over-water operation’’ in organizations, and aircraft. We also note
2. Safety Equipment for Overwater
§ 1.1. That definition would have been that since publication of the NPRM the
Operations (§§ 1.1, 135.117, 135.167,
revised so that the equipment FAA published TSO–C126b, dated
and 135.168)
requirements for extended over-water November 26, 2012, which does not
Currently, aircraft operating in operations would take effect at the same allow using hook and loop fasteners to
extended overwater operations must distance from shore for helicopters and secure the ELT in the aircraft.
comply with the equipment airplanes. Currently, helicopters are Operators required to comply with
requirements in § 135.167. Current § 1.1 allowed more flexibility. However, we this rule can find ELT minimum
defines extended overwater operations are withdrawing this revision because it performance standards in FAA TSO–
for helicopters as an operation at a was tied to the life raft proposal. C126b ‘‘406 MHz Emergency Locator
horizontal distance of more than 50 Additionally, the final rule does not Transmitter,’’ dated November 26, 2012.
nautical miles (NM) from the nearest adopt the changes proposed to § 135.167 The FAA notes that the prior versions
shoreline and 50 NM from an off-shore which would have made that section of the TSO, TSO–C126a dated December
heliport structure. Additionally, applicable only to airplanes. The 17, 2008, and TSO–C126 December 23,
removal of the proposed life raft 1992, provide minimum performance
4 Section 306(c)(3) of the FAA Modernization and
requirement makes it necessary to leave specifications for 406 and 121.5 MHz
Reform Act of 2012 (Pub. L. 112–95) requires the
FAA to conduct a rulemaking that addresses use of
§ 135.167 as it is so that the existing ELTs that are similar to those found in
radio altimeters in helicopter air ambulance equipage rules, which include a life raft TSO–C126b. FAA TSO–C126 refers to
operations. requirement, apply to helicopters RTCA DO–204 ‘‘Minimum Operational
Performance Standards for 406 MHz Applicability recovery from an IIMC on an annual
Emergency Locator Transmitters,’’ dated As proposed in the NPRM and basis and to understand procedures for
December 23, 1992, and FAA TSO– adopted in this final rule, § 135.168 aircraft handling in flat-light, whiteout,
C126b and TSO–C126a refer to RTCA contains an operational solution that and brownout conditions. Twelve
DO–204a ‘‘Minimum Operational addresses commenters’ concerns about commenters, including AAMS, Air
Performance Standards for 406 MHz flights that only cross narrow bodies of Methods Corporation (Air Methods),
Emergency Locator Transmitters,’’ dated AMOA, REACH, and the NTSB
inland water or bays. A helicopter does
December 6, 2007. Accordingly, the supported the proposed change.
not need to be equipped with a 406
FAA has changed the rule language to Twenty-one commenters, including PHI,
MHz ELT and life preservers if it crosses
allow TSO–C126, TSO–C126a, and did not agree with the proposal as
the water at an altitude within
TSO–C126b approved ELTs. written.
autorotational glide distance of the Some commenters stated that the
RTCA DO–204 and DO–204a include shore. Autorotational distance refers to testing requirements should be tailored
minimum performance standards for the forward distance a helicopter can to the certificate holder’s operating
both 406 and 121.5 MHz ELTs. When glide without engine power. During environment. NorthStar Trekking, an
beneficial to the operator, the FAA will autorotation the rotors continue turning Alaskan operator, noted that it trains its
consider approving installations of a because of the air moving through the pilots for flat-light and whiteout
stand-alone 406 MHz ELT to augment rotor as the helicopter loses altitude. conditions, but not for brownout
an existing 121.5 MHz ELT installation. Thus, an operator can avoid the need for conditions. Jack Harter Helicopters
Life Preservers the additional safety equipment by stated that because it does not operate
flying close to the shoreline or at a in areas where whiteout or brownout are
In the NPRM, the FAA proposed to higher altitude. For example, for a likely, it should not be required to
include a requirement in § 135.168 that helicopter that has a glide ratio of 3 feet include those conditions in its training
occupants in overwater operations wear forward to 1 foot of descent, a pilot program. PHI stated that a majority of its
life preservers equipped with a survivor flying at an altitude of 1,000 feet would operations rarely encounter flat-light or
locator light from takeoff until the flight be able to operate at least 1⁄2 mile from whiteout conditions, and mandating
is no longer over water. a shoreline without needing overwater training for those conditions for all
PHI asked the FAA to strike the words equipment. This provides flexibility for operators would be an onerous
‘‘from takeoff until the flight is no operators that fly over narrow bodies of requirement.
longer over water’’ from the overwater water while still providing the PHI also stated that this regulation
life preserver requirement of § 135.168 additional level of safety for overwater would be redundant with
and replace them with ‘‘during the and extended overwater operations. § 135.329(e)(1), which requires training
overwater portion of the flight.’’ AMOA This standard is consistent with current specific to a certificate holder’s type of
asserted that the rule should not require requirements under § 135.183. operation. The NTSB commented that
passengers to wear life preservers, but Final Rule the FAA should require operators to
rather the life preservers should ‘‘be incorporate safe practices for operations
easily accessible’’ during overwater Based on the comments received and in flat-light and whiteout conditions in
operations. Med-Trans proposed a additional review of the NPRM, the their training programs.
change that would exempt the patients FAA has adopted § 135.168 with LifeFlight of Maine and other ACCT
on board medical helicopters from life revisions. The most significant changes members commented that the IIMC
preserver and briefing requirements. are to the requirements for helicopter recovery training should be
overwater operations in § 135.168. The demonstrated semi-annually. Several
Many commenters recommended that FAA has not adopted the proposed individual commenters recommended
the FAA exclude patients from life requirements for life-rafts and quarterly training for pilots to maintain
preserver requirements because wearing pyrotechnic signaling devices or the proficiency.
a life preserver could interfere with the proposed changes to the definition of AAMS, AMOA, and Air EVAC EMS
patient’s medical care. These comments extended overwater operations in § 1.1. commented that pilots should be able to
mirrored a part 125/135 ARC The proposed amendment to § 135.167 use simulators and flight training
recommendation. The FAA did not is not adopted. devices to complete this training. The
intend to require transported patients to The final rule requires helicopters to NTSB also supported increased use of
wear life preservers if doing so would be equipped with a 406 MHz ELT and simulators for helicopter pilot training.
impede the ability of medical personnel occupants to wear life preservers on The FAA finds that helicopter pilots
to treat that patient or if it would be helicopter flights operated beyond would benefit from annual testing on all
inadvisable for medical reasons, such as autorotational distance from shoreline. three conditions—whiteout, flat light,
a need to keep the patient still. The FAA also notes that passenger and brownout. Although some
Accordingly the FAA has revised briefing requirements proposed in the conditions may be more prevalent in
§ 135.168(b)(1) to reflect this intent. NPRM as § 135.168(d) have been moved certain areas, such as whiteout
The FAA agrees with commenters that to § 135.117, Briefing of passengers conditions in Alaska or brownout
passengers should be able to don life before flight. No substantive changes conditions in desert environments,
preservers only for the overwater were made to the briefing requirements. these conditions may occur year-round
portion of the flight. After reviewing the These changes will take effect 3 years in many places. This testing will help
proposal, the FAA recognizes that a after this rule’s publication. ensure that pilots have a base-level
flight may spend significant time over knowledge should they encounter these
land before it travels over water. The 3. Pilot Testing for Recovery From IIMC, conditions. To clarify, the rule requires
FAA has amended the final rule to Whiteout, Brownout, and Flat-Light that pilots, on the annual written or oral
require that occupants wear life Conditions (§ 135.293) test required by § 135.293(a),
preservers while the helicopter is The FAA proposed adding new demonstrate knowledge of procedures
beyond autorotational distance from the requirements to § 135.293 to require for aircraft handling in flat-light,
shoreline. helicopter pilots to demonstrate whiteout, and brownout conditions, and
methods for recognizing and avoiding weather requirement for rotorcraft, rules. Flights to pick up a patient, the
these conditions. They would be based on minimums established in patient transport leg, and the flight
required to demonstrate a realistic Operations Specification (OpSpec) returning to base after the patient is
course of action to escape IIMC during H105. Several commenters, including dropped off, or other flights with a
the § 135.293(b) competency check. As the NTSB, ACCT members, PHI, and patient or medical personnel on board
discussed in the NPRM, the FAA AAMS supported the proposed change. would be conducted under part 135.
intends for this demonstration to be Kestrel Air commented that the FAA The FAA received many comments from
appropriate to the aircraft, equipment, proposed this requirement without organizations and individuals
and facilities available to the pilot establishing a connection between supporting and opposing this proposal.
during the competency check. The FAA existing standards and accidents Comments addressed the FAA’s
finds that an annual check is sufficient involving part 135 helicopter operators accident analysis which formed the
because it can be incorporated into a and that there is no accident history to basis of the regulatory evaluation;
certificate holder’s existing competency support this proposal. whether part 135 is the appropriate part
check schedule. Safety and Flight Evaluations, of the regulations for this change and
This new requirement does not International agreed that increased whether repositioning flights should
duplicate the crewmember training weather minimums would increase the continue to be operated under part 91;
requirements of § 135.329(e)(1). That likelihood of being able to land at the potential limitations on operations;
section requires, in part, crewmember alternate if weather deteriorates. flight and duty questions; and how the
training, instruction, and practice to However, it also stated that because it is FAA defined flights to be conducted
ensure that each crewmember remains often more difficult for a helicopter to under part 135. These comments are
adequately trained and proficient for fly out of a weather system to an addressed in detail below.
each type of operation in which that alternate airport, as noted in the NPRM,
crewmember serves. While operators Definition of Medical Personnel
that ‘‘there is little likelihood that an
may include training on flat-light, alternate airfield exists that would have The NPRM defined ‘‘medical
whiteout, brownout, and IIMC recovery significantly different weather personnel’’ as ‘‘persons with medical
in training programs, this rule’s conditions than at the primary airfield.’’ training, including, but not limited to a
amendments ensure that these topics Accordingly, Safety and Flight flight physician, a flight nurse, or a
will be tested during a pilot’s annual Evaluations, International stated that the flight paramedic, who are carried aboard
competency check. The FAA anticipates rule would discourage pilots from flying a helicopter during helicopter air
that such training will be incorporated IFR. ambulance operations in order to
into training programs so that pilots will Kestrel Air is correct that the FAA did provide medical care.’’ With this rule,
be adequately prepared for their annual not cite any accidents to support this any flights for medical transportation
competency checks. proposal. However, as noted in the that carry a patient or medical personnel
We note that the IMC recovery portion NPRM, this proposal is based on must now be conducted under part 135
of the competency check could be OpSpec H105, which is issued to all rules.
performed in a simulator or flight part 135 helicopter operators that NEMSPA suggested a change in the
training device, provided that it is conduct IFR operations. Accordingly, definition of medical personnel to
consistent with that device’s specific this rule change will not require ‘‘medical personnel means persons
approval. operational changes for these certificate approved by State or Federal EMS
holders, so no additional costs will be regulations who are carried aboard a
Final Rule helicopter during helicopter air
incurred. OpSpec H105 has established
This rule is adopted as proposed and these minimums and the FAA does not ambulance operations in order to
will take effect 60 days after publication anticipate a change in IFR usage. provide onboard medical care.’’ AMOA
of the final rule.5 Section 135.293 This rule is adopted as proposed. requested a change in the proposed
requires individuals to complete testing definition of medical personnel to
in the 12 calendar months prior to D. Rules Applicable to Helicopter Air ‘‘persons who are carried aboard a
serving as a pilot in part 135 operation. Ambulance Operations helicopter during helicopter air
The FAA does not intend for pilots to This final rule establishes several new ambulance operations in order to
be retested before the new testing requirements for certificate holders provide onboard medical care’’ because
requirements take effect. Rather, pilots conducting helicopter air ambulance the rule would limit the types of
must comply with the new requirement operations. It changes the applicability medical professionals often transported
during their next § 135.293 test. section of part 135 (§ 135.1) to require and could confuse the rule.
some operations that have been The FAA clarifies that this definition
4. IFR Alternate Airport Weather
conducted under part 91 to be is intended to be applied broadly to
Minimums (§ 135.221)
conducted under part 135. Additionally, individuals who might be carried
Current rules, as provided for in this rule establishes new equipment, aboard to provide care. Requiring
§ 135.221, require that to designate an operations, and training rules for medical personnel to be approved under
alternate airport for an IFR operation, certificate holders conducting air State or Federal EMS regulations may
weather reports or forecasts for that ambulance operations which are result in preventing people currently
airport must be at or above the alternate codified in new subpart L, §§ 135.601– performing these functions from
airport landing minimums for that 135.621. performing them any longer, because
airport at the estimated time of arrival. they may be licensed medical
1. Applicability of Part 135 Rules to
In the NPRM, the FAA proposed to professionals but not certified under
require a more stringent alternate airport Helicopter Air Ambulance Operations state or federal EMS regulation. For
(§§ 135.1, 135.267, 135.271, 135.601) example, a nurse might be certified to
5 Section 306(c)(2) of the FAA Modernization and
The FAA proposed requiring that all practice by the State board of nursing,
Reform Act of 2012 (Pub. L. 112–95) requires the
FAA to conduct a rulemaking that addresses pilot
helicopter air ambulance operations but not under a State’s EMS regulations.
training standards in preventing controlled flight with medical personnel on board be Limiting the definition to this
into terrain and recovery from IIMC. conducted under part 135 operating certification could also have the
unintentional result of allowing received from the commenters, the FAA The commenters are correct that, as
operators to use medical caregivers who reviewed the accidents cited in the discussed in the NPRM, currently non-
are not specifically certified under State NPRM to determine whether the patient-carrying legs of helicopter air
or Federal EMS regulations. As a result, accidents categorized as part 91 ambulance operations may be
these individuals would not be included accidents were properly used to justify conducted under part 91. The FAA,
in the definition and thus the operator changes to the rule. The NPRM through this rule, is requiring legs with
could avoid the part 135 requirements. categorized 33 accidents (out of the 135 medical personnel onboard to be
Additionally, we note that the helicopter air ambulance accidents conducted under part 135. The primary
definition of medical personnel cited) as occurring during part 91 reason for this change is to protect
proposed in the NPRM referenced operations which were given as support medical personnel by ensuring that
‘‘persons with medical training, for including those operations in part those flights are conducted under the
including but not limited to a flight 135. more stringent operating rules of part
physician, a flight nurse, or a flight The FAA determined that 17 of those 135. As noted by the NTSB, medical
paramedic. . . .’’ (See 75 FR 62621) 33 accidents occurred while the personnel ‘‘cannot be expected to
(emphasis added). Accordingly, the helicopters were flying in weather meaningfully participate in the
definition does not apply to those minimums below those proposed and decision-making process to enhance
persons only. Any person with medical that will be required under § 135.609, flight safety or to significantly
training who is ‘‘carried aboard a accounting for 42 deaths. Although contribute to operational control of the
helicopter during helicopter air some operations were conducted under flight.’’ Accordingly, the FAA
ambulance operations in order to part 135, these flights were operated determined that medical personnel
provide medical care’’ would fall into below the weather minimums for deserve the same safety protections that
the definition of medical personnel. The helicopter air ambulance operations part 135 provides to patients on
FAA notes that it made a non- proposed in the NPRM. Therefore, the helicopter air ambulance flights.
substantive change to the definition of accidents may have been prevented had Additionally, the FAA is not changing
‘‘medical personnel’’ to clarify that the these helicopters been operating under the rule language to provide a more
definition could apply to a single person the stricter rules adopted here and are extensive list of flights that must be
as well as to a group. properly included in justifying this conducted under part 135. As discussed
rule.6 above, the rule is clear that if medical
Accident Analysis
personnel or a patient are on board the
AMOA and PHI contended that the Relationship Between Parts 91 and 135 aircraft and the flight is conducted for
FAA’s accident analysis used to justify AMOA, Air Evac EMS Inc. (Air Evac medical transportation, then it must be
placing more operations under part 135 EMS), AAMS, NEMSPA, and PHI were conducted under part 135. The non-
was flawed because it categorized flights among commenters that said that exclusive list is intended to emphasize
as occurring under part 91 when, in fact, applying part 135 regulations to that the traditional three-legged
many were conducted under part 135 operations traditionally considered to be helicopter air ambulance flight (base to
rules. Both organizations cited a 1992 under part 91 is inconsistent with the pick-up site, pick-up site to drop-off
memorandum of understanding (MOU) current regulatory framework and could site, drop-off site to base) must now be
between the NTSB and the FAA that introduce confusion. Instead, these conducted under part 135.
established how air ambulance commenters said changes to enhance Further, the FAA does not anticipate
accidents would be categorized. safety requirements for these operations that the placement of these rules in part
Pursuant to the MOU, the NTSB should be made by amending part 91, 135 rather than in part 91 will cause
categorized accidents involving air not part 135. This would ensure the confusion for certificate holders. It is
medical flights without a patient on continuity and applicability of the clear that these rules only apply to part
board as part 91 accidents. These current rules. 119 certificate holders authorized to
commenters maintained that many of The NTSB supported the proposal conduct helicopter air ambulance
the accidents categorized as occurring and stated that it would likely meet the operations under part 135. Part 135 is a
under part 91 actually happened when intent of Safety Recommendation A–06– logical place for the regulations affecting
the helicopter was operating under part 12. However, it also stated that the list this population.
135 rules even though no patient was on of flights conducted under part 135 The FAA received several comments
board. HAI commented that its members must be as complete as possible and about this rule’s impact on helicopter
that conduct air medical operations should include maintenance flights, air ambulance operations. First, AMOA,
‘‘currently operate to the requirements training flights, helicopter positioning Air Evac EMS, AAMS, NEMSPA, and
of OpSpec A021, which are higher than flights performed without medical PHI commented on the need for
current part 135 weather minimums, on crewmembers on board, and other flexibility from the part 135
any leg of a patient transport flight operations that would not be required to requirements during the repositioning
whenever medical personnel are on be conducted under part 135 under this leg for training purposes. They have
board. . . .’’ rule. traditionally used this leg for training
The NTSB noted in its comment that, newly hired second pilots on
as detailed in its Special Investigation 6 The remaining sixteen accidents originally instrument approach procedures and
Report on Emergency Medical Services identified as part 91 operations were flying above stated that they cannot do the same kind
Operations, 32 of the 41 helicopter air the weather minimums established in this rule and of training when operating under part
ambulance accidents investigated by the are therefore no longer being used to support 135 rules as they can when operating
§ 135.609. However, 10 of these accidents were
NTSB occurred while the aircraft was cited in the NPRM in support of other proposed
under part 91 rules because the pilot in
operating under the flight rules rule provisions. The FAA finds that these accidents training would not be able to
specified in part 91. are still applicable to those provisions. Six manipulate the controls. Commenters
The FAA acknowledges that the accidents were removed from the final rule’s were concerned this proposal could
accident analysis. See the Final Regulatory
commenters correctly described the way Evaluation for a full explanation of the accident
significantly inhibit IFR operations by
accidents are categorized under the analysis, and methodology used to review the helicopter air ambulance operators.
MOU. In light of the information accidents. Second, HAI commented that a
requirement to conduct helicopter air Flight and Duty Time Limitations 135.271 flight time and rest
ambulance operations under part 135 (Proposed §§ 135.267 and 135.271) requirements but instead added
would prevent operators from using As discussed in the NPRM, one language to those sections to clarify
GPS approaches certified for part 91 impact of requiring flights traditionally ‘‘flight time’’ as a term that includes any
operations. conducted under part 91 to be helicopter air ambulance operation as
The FAA has determined that conducted under part 135 is that these defined in § 135.601. As established by
applying part 135 rules will have only flights will now count toward a pilot’s this rule, all helicopter air ambulance
a limited effect on training. Operators flight time limitations. In the NPRM, the operations with medical personnel or
may continue training pilots on FAA proposed adding language to patients on board must be conducted
instrument approaches during flights §§ 135.267 and 135.271 to clarify that under part 135. The provisions of
with no passengers, medical personnel, helicopter air ambulance operations §§ 135.267 and 135.271 would therefore
or patients on board. The FAA has conducted under part 135 must be apply to the helicopter air ambulance
determined that the safety benefits of included in a pilot’s flight time. operations previously conducted under
this rule outweigh the fact that Members of ACCT support including part 91.
certificate holders may need to conduct pilot duty time limitations in the change In the final rule, the FAA did not add
additional training flights. to require more helicopter air the proposed references to helicopter air
The FAA finds HAI’s concern about ambulance flights to be conducted ambulance operations in §§ 135.267 and
limitations on GPS approaches to be under part 135. The Advanced Life 135.271 because they are redundant
unwarranted. All instrument Support and Emergency Response Team with the amendments to § 135.1. Any
approaches are designed and certified to agreed with requiring flight time for a operation that must be completed under
part 97 Terminal Instrument Procedures part 135 operation when medical part 135 must comply with the
(TERPS) requirements. Use of these personnel are on board to count toward applicable flight and duty time
approaches is not restricted to flights a pilot’s daily flight time limitations and limitations of part 135, and this action
conducted under certain operating stated it already operates under this does not eliminate this requirement. As
rules. They can be used by an operator policy. commenters noted, §§ 91.13 and 135.69
conducting flights under part 91, 121, or PHI, AMOA, and Air Evac EMS provide some safeguards, but the FAA
135. commented that the current flight time has determined that the flight time
The NTSB also stated that although and duty limitations in § 135.267 should limitations and rest requirements of part
part 91 may provide additional not be altered. PHI believes the proposal 135, subpart F, are the rules to follow
‘‘operational flexibilities due to is inconsistent with FAA regulatory to prevent pilot fatigue.
decreased visual flight rules (VFR) The FAA also notes that it received
structure and discriminates against the
weather minimums and no flight crew several comments about whether
helicopter air ambulance industry
rest requirements’’ it believes that these circumstances beyond the control of the
without justification. AMOA does not
benefits ‘‘are greatly overshadowed by certificate holder would permit
agree with adoption of § 135.267(g).
the increased risk that such operations PHI also commented that there exceeding the flight time limitations in
have historically posed.’’ currently are no part 135 regulations § 135.267. The FAA believes that these
Additionally, the FAA acknowledges that prevent a pilot from flying while comments mirror those submitted to the
that certificate holders may not be able fatigued. The commenter said that the FAA in response to a draft legal
to conduct certain operations because of pertinent regulation resides in part 91, interpretation published for comment
the more stringent part 135 part 135 operators must comply with that addresses this issue. See Docket No.
requirements. For example, the weather part 91, and that current rest and duty FAA–2010–1259 (Dec. 23, 2010). The
minimums may be below part 135 requirements do not guarantee that a FAA advises commenters that it issued
standards, but would have been pilot will not be fatigued, even if a withdrawal of the referenced
acceptable for a part 91 operation. complying with the regulations. Air interpretation in the same docket on
Similarly, additional part 135 flights Evac EMS commented that §§ 91.13 and November 7, 2013 (79 FR 66865) and is
may mean that a flightcrew member 135.69(a) afford sufficient protection not taking any action in this rule. To do
reaches flight time limitations more and claimed that the best measure so would be outside the scope of the
quickly. Nevertheless, the FAA has against pilot fatigue is the pilot knowing rule because the issue presented in the
determined that these restrictions are when to decline a flight request and draft legal interpretation is one that was
appropriate given the increased safety of appropriate oversight. not addressed in the NPRM.
operations that are expected as a result AMOA and Air Methods claimed that Final Rule
of this regulation. However, the FAA is no accidents as a result of crew rest Upon review of the NPRM, the FAA
not extending this regulation to flights issues were cited to support this made changes to the rule text in
conducted without medical personnel proposal and its change is a profound §§ 135.1 and 135.601. The FAA did not
onboard. The FAA has determined that shift in the agency’s regulatory structure adopt the proposed changes to
such an extension would go beyond the that would cause pilots to rush to stay §§ 135.267 and 135.271. The
stated rationale of providing additional within the prescribed duty period. PHI applicability statement in § 135.1 was
protections to the medical personnel and AMOA recommended retaining the revised for clarity. In § 135.601, the FAA
and passengers onboard the helicopter. current requirements until the FAA has removed the definition of helicopter air
Air Methods commented that reviewed all part 135 pilot rest ambulance because it was unnecessary
operators should follow the weather requirements. and revised the definitions of helicopter
minimums specified in A021, which are PHI and numerous other commenters
air ambulance operation and medical
more stringent than the baseline part requested flexibility for pilot rest
personnel for clarity. All of these
135 weather minimums. The FAA requirements under circumstances
changes are non-substantive.7
agrees and, as discussed later, is beyond the control of the pilot or
adopting those weather minimums into operator. 7 Section 306(a) of the FAA Modernization and
part 135 regulations applicable to The FAA did not propose any Reform Act of 2012 (Pub. L. 112–95) requires
helicopter air ambulance operations. substantive changes to §§ 135.267 and helicopter air ambulance operations to comply with
2. Weather Minimums (§ 135.609— the weather requirements of OpSpec a local flying area. Weather minimums
Proposed § 135.607) A021. See Table 4 below. The proposed are less stringent in local flying areas
weather minimums for uncontrolled because of pilots’ increased familiarity
Currently, part 135 regulations require airspace are determined by whether the with obstacles and the operating
visibility of at least 1⁄2 statute mile helicopter is flying in a mountainous or environment. Based on the NPRM, in all
during the day and 1 statute mile at non-mountainous area and whether, flying areas, helicopter pilots using an
night for VFR helicopter operations at within those classifications, the flight is FAA-approved night vision imaging
an altitude of 1,200 feet or less above taking place in a certificate holder’s system or FAA-approved HTAWS can
the surface in Class G airspace. In the local flying area or is a cross-country fly in lower weather minimums during
NPRM, the FAA proposed to add more flight. The NPRM defined a local flying night operations because those systems
stringent weather minimums for area as 50 NM in any direction from an provide benefits for avoidance of
helicopter air ambulance operations. As operator’s base of operation. A cross- obstacles and controlled flight into
stated in the NPRM, this rule codifies country flying area is an area other than terrain avoidance.
TABLE 4—VFR CEILING AND FLIGHT VISIBILITY REQUIREMENTS

Day Night Night using an approved NVIS or
HTAWS
Location
Ceiling Flight visibility Ceiling Flight visibility Ceiling Flight visibility
Nonmountainous 800-feet ............... 2 statute miles ..... 1,000-feet ............ 3 statute miles ..... 800-feet ............... 3 statute miles.
local flying areas.
Nonmountainous 800-feet ............... 3 statute miles ..... 1,000-feet ............ 5 statute miles ..... 1,000-feet ............ 3 statute miles.
non-local flying
areas.
Mountainous local 800-feet ............... 3 statute miles ..... 1,500-feet ............ 3 statute miles ..... 1,000-feet ............ 3 statute miles.
flying areas.
Mountainous non- 1,000-feet ............ 3 statute miles ..... 1,500-feet ............ 5 statute miles ..... 1,000-feet ............ 5 statute miles.
local flying areas.
The FAA received support for this determined that it would be overly less restrictive local flying area weather
provision from several commenters. The restrictive to require operators to minimums pilots will demonstrate
NTSB supports codifying the more designate a local flying area that would knowledge of that area. The title of this
stringent weather minimums of OpSpec not be used. The certificate holder will section has been changed for
A021. PHI agrees with the proposal. not be required to designate a local clarification.
AAMS expressed support for this flying area but may do so in order to use
3. IFR Operations at Airports Without
provision but opposed the requirement the less stringent weather minimums. If
Weather Reporting (§ 135.611—
that operators must designate a local an operator does not designate a local
Proposed § 135.609)
flying area, commenting that there are flying area, operations must be
some areas where using cross country conducted in accordance with the more Current part 135 regulations only
weather minimums would be preferable. restrictive non-local-flying-area permit instrument flight into and out of
They recommended replacing the word minimums in the rule. Thus the change airports with an on-site weather
‘‘must’’ with ‘‘may.’’ Similarly, AMOA, in the rule will not negatively affect reporting source. The FAA proposed
Air Evac EMS, and individual members safety. allowing helicopter air ambulance
of ACCT commented that a local flying As discussed in the NPRM, a pilot operators to conduct IFR operations at
area should be optional and that the must demonstrate familiarity and airports and heliports without a weather
FAA should also allow for non- detailed knowledge of the hazards and reporting facility if they can obtain
contiguous local flying areas. Safety and high altitude terrain in local flying areas weather reports from an approved
Flight Evaluations, International agrees in order to use the lower minimums. weather reporting facility located within
with the proposal to increase the VFR Thus, the final rule includes a 15 NM of the destination landing area
weather minimums, but disagrees with requirement that a pilot may not use the and meet other pilot and equipment
the proposed implementation and local flying area weather minimums requirements.
commented that there should not be a unless that pilot has passed an The NTSB supported the proposal,
differentiation between the weather examination given by the certificate agreeing that it would ‘‘provide an
minimums for ‘‘local flying areas’’ and holder within the 12 months prior to environment suitable for increased use
‘‘cross country flying areas’’ and that the using the local flying area weather of IFR,’’ and noting that it would
proposed rule inappropriately decreases minimums. partially respond to Safety
the minimums when the aircraft is Additionally, the final rule will allow Recommendation A–06–93 ‘‘because of
equipped with an approved night vision non-contiguous local flying areas rather the potential increase in the availability
imaging system or HTAWS. than tying them to the certificate of IFR approaches for HEMS operators.’’
Final Rule holder’s base of operations. This rule AMOA commented that all part 135
does not restrict the number of local operators should be able to use these
The FAA is adopting this provision flying areas an operator may designate. procedures. The FAA did not propose
with several changes. Based on the The intended safety standard will be permitting all part 135 operators to use
comments received, the FAA maintained because before using the these procedures in the NPRM and to
part 135 weather minimums and flight and duty time rules whenever medical personnel are onboard
the aircraft.
expand the applicability at this time or under OpSpec A021, on which this controlled environment, thereby
would not be within the scope of this rule is based. The area forecast increasing safety.
rule. Accordingly, the FAA is not allowance of the exemption and OpSpec
4. Approach/Departure IFR Transitions
extending this requirement to all part A021 is the same as in this final rule
(§ 135.613—Proposed § 135.611)
135 operators. language.
This rule was proposed to establish
Use of an Area Forecast as an Alternate Pilot and Equipment Requirements weather minimums for helicopter air
Weather Source The FAA also revised the rule ambulances that have been using an
Currently, OpSpec A021 is issued to language to eliminate several sections instrument approach and are now
helicopter air ambulance operators and that were determined to be redundant transitioning to visual flight for landing.
allows the use of an area forecast as an with existing part 135 regulations. The This section is intended to encourage
alternate weather source. The Society of redundancies removed were the IFR operations because of their safety
Aviation and Flight Educators noted requirements for pilots to: (1) Have a benefits. Pilots on an instrument
that the changes to OpSpec A021 were current § 135.297 instrument approach would, upon reaching a point
made because the FAA had determined proficiency check; (2) hold an in space at a minimum descent altitude
that navigation by instruments is safer instrument rating; (3) complete a course or decision altitude, continue the flight
than navigation by visual reference. The including a review of IFR regulations, to the landing area under visual flight
revisions specifically included area interpreting weather, reviewing rules if conditions permit. The weather
forecasts to facilitate greater use of the instrument charts, and crew resource minimums that pilots will follow are
instrument flight rules system. Many management; (4) learn methods for based on the type of approach the pilot
operators developed an instrument determining present visibility and is flying and the distance between the
flight rules system that uses those ceilings; and (5) be tested on approaches missed approach point and the heliport
forecasts. authorized under this provision. In all or landing area. Pilots continuing on the
The Society of Aviation and Flight these cases the FAA finds that pilots ‘‘proceed visually’’ segment of an
Educators contended that this proposal who conduct part 135 operations must instrument approach into an airport or
would require an operator to either add already meet these standards, or that heliport for which the approach is
an approved automated weather station these standards are sufficiently designed would follow the weather
at a location within 15 NM or to operate incorporated into current pilot training minimums on the approach chart when
requirements. completing that approach.
with visual flight rules. This, according
The FAA also deleted the proposed The FAA notes that in most cases the
to the commenter, would significantly
requirements for aircraft to be equipped rule permits flight under less restrictive
undermine the ability of operators to weather minimums than are currently
add instrument operations as a safety with an autopilot if used in lieu of a
second in command as required by allowed for cruise flight in uncontrolled
improvement. PHI, AMOA, ACCT, airspace. As noted in the NPRM,
MaxViz, and the Health Care District of § 135.101, and for the aircraft to be
equipped with navigation equipment obstacles in the vicinity of an
Palm Beach County all echoed the call instrument approach are flight-checked
for adding the area forecast as an appropriate to the approach to be flown.
Again, this requirement is redundant and marked on instrument approach
acceptable alternative if a weather charts. It is less likely that pilots would
reporting station is not available. with existing §§ 135.101 (SIC) and
135.105 (autopilot), which must be encounter unexpected obstacles when
The NPRM proposed a higher following an instrument approach chart.
standard than that required by OpSpec followed during part 135 operations.
In response to a comment from However, if the distance of the VFR
A021. That operations specification portion of the flight is 3 NM or more,
permits an operator to use an approved AMOA that the references to ‘‘storm
scopes’’ were outdated, the FAA deleted then the VFR weather minimums for
weather reporting source if one is that class of airspace apply. We
located within 15 NM of the landing the references in proposed
§ 135.609(b)(2) to ‘‘airborne weather emphasize that if a 3-NM-or-more VFR
area but if there is not such a source segment is flown in Class G airspace,
within that distance from the landing radar’’ and ‘‘lightning detection’’ as
types of severe-weather detection the applicable VFR weather minimums
area, an area forecast may be used. would be those found in § 135.609.
In response to comments, and upon equipment. The final rule requires that
The rule also permits a pilot to depart
further review, the FAA has changed the helicopters conducting these operations
with a VFR-to-IFR transition under the
requirements of this rule from those be ‘‘equipped with functioning severe
less restrictive weather minimums
proposed in the NPRM. This final rule weather-detection equipment.’’
allowed for approaches if the pilot
allows IFR operations at an airport Requirements for Departures follows an FAA-approved obstacle
without weather reporting if the The rule requires that the weather at departure procedure, has filed an IFR
certificate holder has an area forecast for the departure point must be at or above flight plan and obtains an IFR clearance
the vicinity of the destination landing the minimums for visual flight rules for at a predetermined location, and the
from the National Weather Service, a a pilot to make an IFR departure. The transition to IFR occurs no farther than
source approved by the NWS, or a pilot in command is authorized to 3 NM from the departure point. Pilots
source approved by the FAA. As determine whether the weather meets who cannot meet these requirements
discussed in the NPRM, the FAA finds the takeoff requirements of part 97 or of must use the standard VFR weather
that an area forecast is sufficient for the the certificate holder’s operation minimums required for that class of
purposes of this rule because helicopter specification. airspace, which would be those found
air ambulance operators have a history The FAA concludes that this new in § 135.609 for Class G airspace. As
of safely operating under an exemption 8 provision will increase instrument flight noted in the NPRM, a pilot who simply
and result in more air ambulance flies the reverse course of the approach
8 Exemptions No. 9490 and 9490B (Regulatory
helicopters operating in a positively used when landing would not be
Docket No. FAA–2006–26407); Exemption No. 9665
(Regulatory Docket No. FAA–2008–0169);
following an FAA-approved obstacle
Exemption No. 6175 (Regulatory Docket No. FAA– Exemption No. 6175G (Regulatory Docket No. FAA– departure procedure. That is because
2001–9195) (granting authority for departures only); 2001–9195). this procedure has not been flight-
checked to specific departure criteria that the ICAO operational requirements The FAA received 79 comments on
and therefore obstacle clearance cannot are not significantly different from this the proposal for VFR flight planning,
be guaranteed. rule. In both cases, once the pilot including comments from several
A total of 21 individuals affiliated concludes the IFR portion of the flight, individuals affiliated with ACCT, Air
with PHI commented on the proposal the pilot is no longer under air traffic Evac EMS, PHI, and REACH. Sixty-nine
for this rule. These commenters control and is operating under VFR. commenters, including ACCT, AMOA,
supported the proposed rule and noted Further, the ICAO PANS–OPS PHI, Air Evac EMS, Angel One
that it is consistent with current OpSpec paragraph 4.1.2.2 contemplates that Transport, and REACH, agreed with the
A021 requirements. Commenters also member States may establish minimum proposed language.
noted that proposed § 135.611(a)(2) visibility for PinS Proceed VFR NEMSPA strongly opposed the
contained an incorrect cross reference to procedures. We note that this rule does ‘‘highest obstacle determination’’ of the
§ 135.611(a)(1)(i). not address instrument approach design proposed rule, commenting that this
Safety and Flight Evaluations, standards. These are what dictate the requirement would have dangerous
International stated concerns with the length of a segment between a missed unintended consequences since pilots
construction of some PinS approaches. approach point and a landing area. The with launch time requirements would
First, it noted the complexity in FAA expects that pilots who transition have up to 40 percent of their available
distinguishing between ‘‘proceed to VFR and then encounter weather preflight time taken up by a superfluous
visually’’ and ‘‘proceed VFR,’’ because below VFR minimums would execute a task, resulting in the likelihood that
the weather minimums on the approach missed approach procedure, a standard some critical items will not be
charts apply to ‘‘proceed visually’’ procedure followed when an instrument accomplished. This commenter further
segments, while the distance from the approach cannot be completed, if asserted that the highest obstacle
missed approach point to the landing available, or follow appropriate requirement should only apply when
area dictates the weather minimums. It emergency procedures. flying outside of the local flying area in
stated that having various minimums The title of § 135.613 has been a helicopter not equipped with a night
was complex and would not encourage changed so that it more accurately vision imaging system or HTAWS, when
IFR operations. Next, it noted the reflects its subject. Additionally, the the reported or forecasted weather
possibility that a pilot could reach the section has been reorganized for conditions are less than 5 statute miles
missed approach point, determine that clarification. visibility and/or the ceiling is less than
the weather meets the requirements to 3,000 feet above ground level or above
proceed VFR, and then lose sight of the 5. VFR Flight Planning (§ 135.615— the highest obstacle on the course.
landing area. This would leave the pilot Proposed § 135.613) Although agreeing with this proposal,
unable to continue IFR because the pilot In the NPRM, the FAA proposed to several commenters, including AMOA,
would no longer be in protected require helicopter air ambulance pilots Air Evac EMS, and individual members
airspace. Finally, Safety and Flight conducting operations under VFR to of ACCT, recommended applying it to
Evaluations, International commented perform preflight planning to determine all part 135 operators. The NTSB agreed
that ICAO has established clearer the minimum safe altitude along the with the intent of the requirement, but
requirements for similar operations and planned route.9 This proposal would believes a number of issues should be
asked whether the proposed codify a provision in OpSpec A021. clarified. It commented that the FAA
requirements comply with ICAO As proposed, the rule requires should provide guidance for minimum
Procedures for Air Navigation helicopter air ambulance pilots route width requirements for obstacle
Services—Aircraft Operations (PANS– conducting VFR operations to evaluate, and terrain clearance evaluation,
OPS) definitions which limits the document, and plan to clear terrain and because aircraft may deviate from the
proceed VFR PinS procedure to no more obstacles by no less than 300 feet for planned course centerline. Several
than 3 kilometers. day operations, and 500 feet at night. commenters also noted that requiring
As a result of this comment, the FAA With this minimum safe cruise altitude that obstacles be cleared vertically is not
revised the rule language for established, the pilot must then use it to practical when some obstacles can be
clarification. During preflight planning, determine the minimum required cleared by flying around them and
pilots will be able to identify the type ceiling and visibility for the flight. If the recommended adding a corresponding
of approach to be flown, the distance to weather minimum will not permit route width to the visibility minimum.
the destination from the missed visual flight at the minimum safe cruise The NTSB also requested that the FAA
approach point and determine the altitude, the pilot must conduct the clarify whether route evaluations must
applicable weather minimums for the flight under IFR or not fly at all. The be performed before each flight or if an
VFR segment of the flight. This section proposed rule allowed for deviations approval of a flight path can be
does not apply to ‘‘proceed visually’’ from the planned flight path if performed on a less frequent basis for
segments of instrument approaches, conditions or operational considerations frequently flown routes.
which are the final segments (minimum make it necessary. If deviating, however, The FAA has determined that
descent altitude or decision height) of the pilot must still observe the weather establishing a minimum route width
instrument approaches prior to landing. or terrain/obstruction clearance would have an overly burdensome effect
VFR flight rules do not apply to requirements. This rule is intended to on helicopter air ambulance operations
‘‘proceed visually’’ segments. Instead, prevent obstacle collisions by requiring and pose operational difficulties for
the weather minimums for ‘‘proceed pilots to be aware of the terrain and pilots who fly in mountainous or urban
visually’’ segments are found on the highest obstacles along a planned route. environments. A minimum route width
approach chart. This section applies to would require pilots to fly at an altitude
the ‘‘proceed VFR’’ segments of PinS 9 Section 306(a) of the FAA Modernization and sufficient to clear the obstacles within
approaches and VFR maneuvering after Reform Act of 2012 (Pub. L. 112–95) requires the the designated route width. As an
transitioning to VFR from an IFR FAA to conduct rulemaking on helicopter air example, a 3-mile route width
ambulance operations to address ‘‘flight request and
approach. dispatch procedures.’’ Though the benefits are less
requirement could force a pilot who
The FAA has reviewed the ICAO than costs for this provision, it satisfies the safely flies under visual flight rules in
PANS–OPS requirements and concludes Congressional mandate as required by the Act. a valley to operate at an altitude above
the highest peak because the mountains whether the flight has been rejected by analysis before the first leg of a
on each side would be included in the another operator. The purpose of this helicopter air ambulance operation. As
route width. This could easily place a exercise is to give certificate holders a discussed in the NPRM, it would be
visual flight operator into instrument way to assess risk and determine completed before departure on the first
flight conditions. The FAA recognizes whether any risks can be mitigated so leg, but take into account factors that
that helicopter air ambulance operations that the flight can be conducted safely. may be encountered during the entire
can be safely conducted under VFR, and A total of 83 commenters, including operation. The FAA acknowledges that
therefore has chosen not to impose this Air Methods, Advanced Life Support certain parts of a preflight risk analysis
limitation. Operators would need to and Emergency Response Team can be accomplished at the beginning of
evaluate the route prior to each VFR (A.L.E.R.T.), Med-Trans Corporation a shift. However, time-sensitive
operation. (Med-Trans), NEMSPA, the NTSB, components of a preflight risk analysis,
This requirement is intended to REACH, and Staff for Life commented such as crew fatigue, weather, required
prevent obstacle collisions by ensuring on this section. Several of those fuel, and route-specific information,
that pilots know the minimum safe commenters, including ACCT, should be conducted as close to the
altitude that would permit clearance for MedCenter, MedServ International, LLC flight launch as possible. A blanket
all obstacles along the route. Therefore, (MedServe), NEMSPA, and NTSB analysis at the beginning of each shift
the FAA considers that VFR flight agreed with the proposal. may not provide an accurate risk
planning is not a superfluous task for assessment.
pilots with launch time requirements, Operational Considerations The FAA acknowledges that the pre-
but rather an important safety The NTSB noted that this rule should flight risk analysis will be an additional
requirement. Additionally, the FAA not be a substitute for the safety benefits requirement that must be performed
concludes that all helicopter air that would be provided by an OCC. before beginning a helicopter air
ambulance operations flights conducted Other commenters, including HAI, Med- ambulance operation and certificate
under VFR will benefit from this safety Trans, and REACH, thought that the holders may not be able to launch a
requirement, and does not intend to proposed requirement might duplicate flight as quickly as before. The initial
restrict this requirement to flights the requirements for an OCC or safety regulatory evaluation estimated that the
outside of the local flying or flights management program. A.L.E.R.T. said preflight risk analysis would take 10
without a night vision imaging system that documenting risk assessments for minutes to complete. The FAA has
or HTAWS. every flight would be counterproductive determined that a 10-minute delay is
This rule requires a pilot to perform and would delay responses without acceptable because of the safety benefit
preflight planning from takeoff to improving safety and that it performs a of identifying risks before flight.
landing for each flight conducted under risk assessment for every shift—not The FAA also understands that there
VFR. This rule does not permit a pilot every flight. Staff for Life said that the will be overlap between this
to conduct preflight planning on a less risk assessment is not necessary because requirement and the OCC requirement
frequent basis for frequently flown it has never done anything to save lives for certificate holders with 10 or more
routes. The purpose of flight planning and pilots are constantly assessing the helicopter air ambulances. Under that
before each flight is to ensure that the risks during preflight, flight, and post- requirement, both the operations control
information used is current, as flight. specialist and the pilot in command will
conditions and obstacles may change The FAA disagrees that a pilot’s in- be required to complete and approve the
between each flight. However, the FAA flight assessment of risks is a sufficient risk analysis worksheet. This overlap is
notes that if a route is flown routinely, substitute for the preflight risk intended to provide larger operations
the amount of time required to do the assessment. Rather, they are with an additional measure of review
preflight planning may be reduced. As complementary. The purpose of over the flight’s risk analysis.
noted in the NPRM, a helicopter air assessing risk before an operation is to Content of the Pre-Flight Risk Analysis
ambulance mission may include more be able to mitigate those risks before the
than one leg. The flight plan may be operation, thereby preventing a pilot Thirty-five commenters, including Air
completed for the whole mission prior from encountering an unmanageable Methods and REACH, did not agree
to the first leg, but each subsequent leg situation while in the air. It is of course with the proposal to require certificate
of the mission must be reconsidered possible that a pilot will encounter risks holders to establish a procedure to
before takeoff and amended as while conducting the helicopter air determine whether another operator has
appropriate. ambulance operation despite having refused or rejected a flight, saying that
The FAA will not apply this performed a preflight risk assessment, such a procedure would be too
requirement to all commercial and it is then that the pilot’s skills will haphazard and unreliable to serve as a
helicopter operations because it is not be used to mitigate those risks. As regulatory requirement. AMOA said the
within the scope of the rulemaking. discussed in the NPRM, the FAA and provision is unfair and unrealistic
This requirement is adopted as the NTSB have identified several without a companion requirement for
proposed with minor edits for accidents which may have been operators to report a flight rejection.
clarification. prevented had a preflight risk analysis PHI, like AMOA, believes reporting of
been completed. The NTSB concluded flight rejections by other operators
6. Pre-Flight Risk Analysis (§ 135.617— cannot be done uniformly unless the
Proposed § 135.615) that ‘‘implementation of flight risk
evaluation before each mission would other operators are required to report
The FAA proposed establishing a that information.
enhance the safety of emergency
requirement for helicopter air The FAA has communicated with

medical services operations.’’ 10
ambulance operators to conduct a State EMS medical directors, advising
This rule requires the pilot in
preflight risk analysis. The risk analysis them of the problem of helicopter
command to conduct a preflight risk
would focus on such variables as the shopping. We will continue this
characteristics of the planned flight 10 NTSB, Special Investigation Report on outreach to emphasize the importance
path, flight crewmember ability to safely Emergency Medical Services Operations (NTSB/ of obtaining the reasons for flight refusal
conduct the operation, weather, and SIR–06/01) 4 (Jan. 25, 2006). by helicopter air ambulance operators.
We will also work with emergency dispatchers why a flight is refused or risk analysis procedures be deleted. An
dispatchers and certificate holders in rejected to provide valuable safety individual commented that the
sharing this information. information to other operators. It may requirement to retain the records of the
Two commenters, including the also encourage emergency dispatchers risk analysis for 90 days is inconsistent
Society of Aviation and Flight to develop procedures for obtaining this with the load manifest and flight log
Educators, agreed with the requirement information. data retention requirements.
to obtain concurrence on the preflight In the final rule, the FAA did not This requirement is based on FAA
risk analysis from someone other than change the requirement for management Notice 8000.301, Operational Risk
the flightcrew during marginal weather. approval of flights in situations where a Assessment Programs for Helicopter
Air Methods said the requirement for predetermined risk level is exceeded. Emergency Medical Services, which, in
managerial approval of the preflight risk The FAA has determined that part, provides practical examples of
analysis when flight risk exceeds a management input provides an preflight risk assessments. The FAA has
predetermined level is unfeasible. PHI important second opinion on whether to determined that these examples, along
said it has its own risk assessment, conduct a flight if the risk is not clear with this rule, provide adequate
which requires operational control cut. The FAA reiterates that direction to certificate holders for
management approval for flight requests management involvement must not be implementation of this rule. The FAA
above a preset risk matrix level. used to pressure pilots into conducting will provide guidance to inspectors on
PHI requested eliminating the a flight that the pilot has determined to how to enforce this rule. Nevertheless,
requirement for the pilot’s signature on be unsafe. Likewise, the FAA the rule has been designed to allow
the risk assessment before takeoff. emphasizes that the rule permits flexibility so that certificate holders can
Another commenter asked whether an certificate holders leeway to develop develop procedures appropriate for their
electronic signature would be sufficient. preflight risk assessment procedures operations.
The rule requires operators to that work for them within the Finally, the FAA is not modifying the
establish and document, and include in parameters set by the rule. Operators 90-day data retention requirement. The
their FAA-approved preflight risk like PHI, which have established 90-day retention will allow the operator
analysis, a procedure for determining procedures, may comply with this to conduct a quarterly review to identify
‘‘whether another helicopter air requirement by incorporating their trends in its operations to further
ambulance operator has refused or existing procedures into the mandated mitigate risks in future flights. This
rejected a flight request.’’ The FAA risk assessment. requirement is adopted as proposed.11
understands the commenters’ concerns Regarding whether an electronic
regarding the ability to obtain signature on the preflight risk 7. Operations Control Centers (OCCs)
information about flight refusals and assessment would be accepted, the final (§§ 135.619, 120.105, and 120.215)
rejections from other operators. To rule does not specify the method by The proposal included a new
clarify, it is not the intent of this rule which a pilot must sign a preflight risk requirement that certificate holders with
to require a definitive declaration on the assessment. The purpose of the risk 10 or more helicopter air ambulances
preflight risk assessment as to whether analysis requirement is to ensure that establish OCCs staffed with operations
the flight has been refused or rejected by pilots examine the risks associated with control specialists. These specialists
another operator. Rather, it would be an operation and get information to would take part in preflight risk analysis
acceptable for a certificate holder that is mitigate those risks. The signature is required by § 135.617, maintain two-
called for a flight to ask the dispatcher important because it is the pilot’s way communications with pilots, give
offering the flight if another operator has verification that the information in the pilots weather information, and monitor
turned it down. If the person offering risk analysis is accurate and complete. the progress of the flight. They would
the flight (emergency dispatcher, 911 Therefore, an electronic signature would ensure that the pilot has completed the
operator, etc.) does not know or cannot be acceptable. FAA guidance on preflight risk analysis worksheet,
give the reason why the flight was electronic signatures is found in confirm and verify the entries on the
turned down, the certificate holder need Advisory Circular (AC) 120–78 (October worksheet, and work with the pilot to
only make note of that in the preflight 29, 2002). mitigate any identified risk. The
risk analysis and factor in that specialist would also sign the risk
information as deemed appropriate. Other Comments
assessment worksheet along with the
Compliance with this rule does not A few commenters, including Metro pilot. Certificate holders would be
require certificate holders to call other Aviation and REACH, stated that the required to train and provide enough
operators to ask if the flight was refused proposal for the risk assessment was staff for their OCCs to make sure these
or rejected or to inform other operators unclear and left significant room for services could be provided.
that they have refused or rejected a interpretation and inconsistent or
flight. A flight would not be presumed uneven enforcement. Many commenters Applicability of the Rule
high risk just because there was no asked that the FAA revise its previous A number of commenters (including
definitive response from an emergency guidance on risk assessment to more AMOA, NTSB, LifeFlight of Maine,
dispatcher about whether the flight was adequately reflect current industry best AAMS, Air Evac EMS, NEMSPA, PHI,
refused or rejected by another operator. practices and provide more consistency and ACCT) addressed the proposed
An operator following this procedure to the risk assessment and mitigation requirement for certificate holders with
will have fulfilled its duty with respect process. 10 or more helicopter air ambulances to
to the rule. Some commenters asked the FAA to have an OCC.
The FAA has determined that develop and improve the preflight risk
although the flight refusal or rejection analysis worksheets so they can be more 11 Section 306(d)(1) of the FAA Modernization
information need not be definitive, it meaningful and useful to pilots, crews, and Reform Act of 2012 (Pub. L. 112–95) requires
can yield useful information about the and operations center personnel. Four the FAA to conduct a rulemaking that provides for
a flight risk evaluation program in helicopter air
potential risk of a flight. Additionally, commenters, including Air Methods, ambulance operations. Additionally, section
the FAA believes that this requirement Metro Aviation, and AMOA, asked that 306(c)(1) requires the rule to address flight request
will encourage certificate holders to tell the requirement for FAA approval of the and dispatch procedures.
These commenters objected to operators to combine OCC functions for FAA is requiring an OCC only for
applying this requirement only to multiple certificate holders that are certificate holders with 10 or more
operators with 10 or more helicopter air under the same management. They said helicopter air ambulances, as proposed.
ambulances. One commenter said that that this will achieve the benefits of an As discussed in the NPRM, these larger
fleet size has no bearing on the stated OCC without the additional cost. They certificate holders will gain the most
risks a pilot faces. AMOA, Air Evac also noted that this change would benefit from an OCC because their
EMS, ACCT, and PHI called the prevent companies from establishing operations are more complex. This
distinction ‘‘arbitrary and subjective’’ multiple certificates with 9 or fewer requirement will cover approximately
and said this distinction does not helicopters on each to avoid the OCC 83 percent of the U.S. helicopter air
recognize the complexity of operating requirement. ambulance fleet.
less than 10 helicopter air ambulances Angel One Transport, a hospital-based The FAA specifically asked for
that are geographically separated. All of pediatric critical care transport in Little comments on whether the applicability
these commenters suggested that if there Rock, Arkansas, commented that the of this requirement should be based on
are clear benefits to the use of an OCC, proposed exclusion of fixed-wing air the number of operations or hours flown
then the requirements should be ambulances and air ambulance by each aircraft, rather than fleet size.
applicable to all. operators with less than 9 helicopters After evaluating the comments, the FAA
The NTSB commented that if creates an ‘‘at risk’’ group in the air has concluded that fleet size is the best
operators with less than 10 helicopters medical industry. Angel One Transport method for determining whether the
are not included in this requirement, said that ‘‘as a small operator, our OCC requirement would apply. The
then they ‘‘will transport approximately program has many of the same fleet size requirement is easily observed
100,000 patients or more per year characteristics of an OCC established in and evaluated by industry and the FAA.
without the added safety benefit of an our program’s operations though we do Additionally, the FAA does not have
OCC.’’ Commenters explained that not meet the stated letter of the law in data that would allow us to determine
while the requirement should apply to the NPRM.’’ Angel One Transport asked how many hours or number of
all operators, it should be scalable for the FAA to consider adding language operations would constitute a complex
those with less than 10 helicopters. that allows smaller operators to have the operation, nor has the FAA received
Comments referenced AC 120–96, ‘‘functional capabilities’’ of an such information during the comment
which provides guidance for setting up operations control center, noting that period.
OCCs for four levels of operators based ‘‘the functions of an OCC are invaluable The FAA acknowledges that one
on size. but the financial obligations for a small company may hold several certificates
LifeFlight of Maine commented that operator to comply with such for helicopter air ambulance operations.
all air ambulances (both rotor and fixed requirements are cost prohibitive.’’ In these circumstances, each certificate
wing) should have an OCC and that Another small operator, A.L.E.R.T. in would be evaluated independently
while 24 large certificate holders Kalispell, Montana, operates with only rather than in the aggregate. Provided
operate 70 percent of the aircraft in the one helicopter. The commenter stated that each certificate holder has fewer
industry (as stated in the NPRM), that the requirement for OCCs is a good than 10 helicopters used for air
operators with less than 10 aircraft, who idea, but that it should be based on the ambulances in its fleet, then no OCC
make up 68 percent of the certificate number of aircraft and not the number would be required.
holders, are not immune to accidents of dispatches or flights. It further
Other OCC Comments
and need the extra layer of protection asserted that ‘‘an operational control
given by an OCC. center would be very costly, which PHI noted that OCCs were originally
AAMS recommended allowing could easily be absorbed by a larger an invention of air medical operators to
smaller operators to subcontract OCC operation but prohibitive to a small one more effectively manage operations
services from larger providers or private and not necessary.’’ control. PHI said its Enhanced
vendors for certain flight tracking and NEMSPA said that ‘‘for smaller Operations Control Center has become a
communication services, while operations with a dispatch or critical component in the company’s
maintaining ultimate operational communications center, placing safety and risk management process as
control of the flight. Med-Trans and personnel in that facility who meet the well as the OCC within the company.
REACH asked for the ability to contract requirements for an operational control PHI, however, along with AMOA, Air
for certain functions of an OCC with specialist should satisfy the Evac EMS, and ACCT, does not believe
another OCC. REACH commented that requirements for the facility to be an the requirement as proposed is
contracting would allow more operators operational control center.’’ consistent with the highest industry
to take advantage of the many safety LifeFlight of Maine supported standards. These commenters also
benefits of an OCC but also share the extending the OCC requirements to all believe that the OCC requirements are
cost. It noted that each operator would operators of an air ambulance, including too much like those for part 121 air
retain management authority and rotor or fixed wing, to have an OCC traffic control and dispatch functions
operational control responsibility. regardless of size. Only one commenter, and are not compatible with part 135
Med-Trans and REACH also suggested AAMS, suggested that this compliance on-demand operations. They suggested
an alternate way of applying the OCC requirement should be based on number delaying implementation of the rule
requirements. They said that ‘‘[s]everal of hours flown and geographical area until a minimum operating standard
companies currently operate aircraft on covered rather than number of based on industry best practices could
several different certificates but only helicopters. be developed. They recommend the
utilize one [OCC]. Several air medical It is possible that a small operator FAA conduct an additional study of
operators operate air ambulances on with only one or two helicopters could existing OCCs.
multiple certificates. Operations control reach a set hourly limit, but would not LifeFlight of Maine commented that
center functions can be conducted have the same level of operational AC 120–96 is inadequate for principal
without imposing a requirement for an complexity as a certificate holder flying operations inspectors and recommended
[OCC] for each certificate.’’ They stated the same number of hours but with 10 additional guidance in line with
that the rule must allow air medical or more helicopters. Nevertheless, the industry best practices. The National
Association of Air Medical should be required to obtain Association (NATA) and REACH,
Communications Specialists (NAACS) certification in order to do their work. objected to the proposed 10-hour duty
sought clarification on the meaning of However, one individual questioned time limitation for operations control
‘‘formalized dispatch’’ and ‘‘enhanced why a certified dispatcher is not specialists. They commented that this
operational procedures.’’ qualified to act in an operations control operations control specialist work shift
As noted in the NPRM, the duties and position but a graduate of a company- limit reflects regulations applied to part
training requirements of operations sponsored program is. 121 dispatchers and does not reflect any
control specialists are based on AC 120– The FAA received comments stating best practice or proven standard in the
96, Integration of Operations Control that the operations control specialist air medical community. Air ambulance
Centers into Helicopter Emergency training proposed in the NPRM too pilots, although only permitted to fly 8
Medical Services Operations (May closely follows the training program for hours, work a 12-hour shift. These
2008), which provides part 121 dispatchers. The FAA commenters, including AMOA, PHI, Air
recommendations to assist helicopter air acknowledges that the requirements of Evac EMS, and ACCT, described
ambulance operators with the this rule were based on part 121 situations where the differences in shift
development and implementation of an dispatcher training rules. The topics hours could interfere with completion
OCC. Also as noted, AAMS, HAI, and selected for training, however, were of a mission. PHI believes that requiring
AMOA commented to the NTSB that the derived from FAA AC 120–96, which a duty day for these specialists that is
AC is a ‘‘product of a survey of best provides a recommended training less than that required of pilots is both
practices in the air medical industry and curriculum for communications arbitrary and unnecessary. PHI said that
gives guidance to other air medical specialists. The certificate holder may the operations control specialist
services as to the benefits of this type of contract for operations control specialist requirement for a 10-hour workday
operation.’’ 12 These requirements found training or testing in accordance with effectively adds an additional full-time
in the AC and in the rule are § 135.324. The certificate holder may employee to the OCC and significant
intentionally similar to part 121, but as use a part 142 training center or another costs to the operator without a
noted in the AC, helicopter air certificate holder for operations control demonstrated benefit. REACH remarked
ambulance operations are unique and specialist training and testing. that it is unclear why OCC personnel
therefore the FAA did not adopt the full Commenters also asked for a clearer should be more limited in their duty
part 121 aircraft dispatch requirements. distinction between the operations time than flight or medical crews.
We also note that the standard adopted control specialists required by this rule After reviewing these comments, the
in this rule is a baseline that can be and ‘‘CommSpecs,’’ the communication FAA has determined that the proposed
augmented by an operator. specialists currently employed in the air operations control specialist duty time
ambulance industry. NAACS asked is appropriate. The FAA acknowledges
Operations Control Specialists whether the aviation base curriculum that these standards may be different
One commenter said that the FAA for operations control specialists would than what some communications
should require a dispatch center staffed enhance safety benefits beyond the specialists may currently be practicing.
with part 121 certificated dispatchers. current ‘‘Certified Flight However, as discussed in the NPRM, the
This commenter said that the FAA Communicator’’ program offered by operations control specialist duty time
should certify dispatchers, and those NAACS. In response to this question, limitation is based on the duty time
dispatchers should plan and evaluate the FAA notes that the areas of required requirements for part 121 aircraft
the entire flight before contacting the training for an operations control dispatchers. The FAA has determined
pilot and then monitor the flight’s specialist, derived from AC 120–96, are that, based on the similarities of these
progress to destination. specified in the rule. Compliance with positions, it is appropriate to use the
The NTSB also supported FAA this rule will enhance safety because the same duty time limitation. Finally,
certification of operations control training will be required and although pilots may have a longer duty
specialists and commented that such a standardized for all operations control period than operations control
requirement will ensure that the FAA specialists. The FAA does not believe specialists under this rule, the flight
has oversight over training, testing, and that a distinction between operations time limitations placed on pilots within
certification, and will provide quality control specialists and CommSpecs is their duty periods (or subsequent rest
control. By requiring operations control necessary. This rule requires that an requirements) limits the pilot’s exposure
specialists with standard certification, OCC be staffed by an operations control to risk.
NTSB asserts that this may facilitate specialist at all times while helicopter In conjunction with the proposal for
development of OCCs that will be able air ambulance flights are being OCCs, the FAA proposed revising
to subcontract their services to smaller conducted. The number of persons §§ 120.105 and 120.215 to add
HEMS entities. functioning in this capacity is not operations control specialists to the list
NEMSPA recommended a standard mandated, but there must be a sufficient of persons who must be tested for drugs
for operations control specialist training number of them to ensure operational and alcohol. Eleven commenters,
set by the industry and approved by the control of each flight. An operator may including Air Methods, Metro Aviation,
FAA before any requirement is put in also staff an OCC with CommSpecs, but and several individuals affiliated with
place. Med-Trans, REACH, Air Evac these persons are not mandated and REACH, argued that operations control
EMS, AMOA, California Shock Trauma they may not perform the functions of specialists should be exempt from part
Air Rescue (CALSTAR), Omniflight an operations control specialist as listed 120 drug and alcohol testing.
Helicopters, Inc. (Omniflight), and in § 135.619(a)(1)–(4) unless they satisfy Operations control specialists will be
Intermountain Life Flight do not believe the qualification and training performing safety-sensitive functions
that operations control specialists requirements of an operation controls such as providing preflight weather
specialist. assessment, assisting with fuel planning
12 Statement from the Association of Air Medical
Thirty-four commenters, including and alternate airport weather
Services, Helicopter Association International, and
Air Medical Operators Association to the NTSB 14
Air Evac EMS, Intermountain, Med- minimums, and communicating with
(Jan. 13, 2009), available at http://www.ntsb.gov/ Trans, Metro Aviation, Inc. (Metro pilots about operational concerns during
Dockets/Aviation/DCA09SH001/default.htm. Aviation), National Air Transportation flight. These duties are similar to those
of an aircraft dispatcher, and thus situational awareness and promote and teambuilding skills among its
operations control specialists would be operational safety. employees during air medical
subject to the same restrictions on drug AAMS, while supporting this operations. While the FAA supports the
and alcohol use, and to a certificate proposal, suggested that the FAA work use of the AMRM program, it is a
holder’s drug and alcohol testing with industry to develop standardized distinct program and unrelated to the
program, as described in 14 CFR part briefing criteria and procedures in order medical personnel preflight safety
120. to avoid confusion and inconsistent briefing/training proposed in the NPRM
An operations control specialist who enforcement of this provision. Several and adopted in the rule.
failed a drug test, functioned as an commenters also suggested that As proposed in the NPRM and
operations control specialist without accommodations should be made to contained in the final rule, this
completing training or passing permit briefings that are not as extensive provision requires a briefing for medical
examinations, or verified false entries as those proposed for the rare instances personnel on the physiological aspects
on a preflight analysis worksheet, could when medical personnel not associated of flight, patient loading and unloading,
be subject to enforcement action or civil with air medical operations are safety in and around the helicopter, in-
penalties.13 transported. flight emergency procedures, emergency
The FAA’s reference to ‘‘formalized Several commenters, including the landing procedures, emergency
dispatch’’ in the NPRM refers to an NTSB, NEMSPA, and the Society of evacuation procedures, efficient and
established consistent process that Aviation and Flight Educators, safe communications with the pilot, and
certificate holders will use when suggested that medical personnel safety operational differences between day and
dispatching a flight. The term training be conducted on an annual night operation. The FAA concludes
‘‘enhanced operational control’’ basis because much of their knowledge that these requirements will provide
involves more people than only the will degrade over time. A.L.E.R.T. made certificate holders with sufficient
pilot in the flight release process. For a similar suggestion, noting that it guidance on how to conduct briefings,
conducts training when it hires new which will lead to consistent
example, it may include the pilot and an
personnel and annually after. AMOA, application and enforcement of this
operational control specialist, the chief
PHI, NEMSPA, the Health Care District provision. Additionally, as proposed in
pilot, or the director of flight operations.
of Palm Beach County and Air Evac the NPRM and contained in the final
Section 135.619 is adopted as
EMS recommended that the FAA rule, this provision mandates that any
proposed. The wording has been
develop a standard and an approval certificate holder that chooses to
modified to ensure clarity.14 process for a medical crew training conduct a medical personnel training
8. Briefing of Medical Personnel program. Several commenters suggested program in lieu of preflight briefings
(§§ 135.117 and 135.621—Proposed that the medical personnel training must have an FAA-approved training
§ 135.619) program should be consistent with the program in place. This will also ensure
Air Medical Resource Management consistency in application and
In the NPRM, the FAA proposed to
(AMRM) program supported by FAA enforcement of this provision.
require that medical personnel on board and industry. AMOA, PHI and Air Evac The FAA will not provide exceptions
a helicopter air ambulance flight receive EMS also commented that it is or accommodations to permit briefings
a supplemental preflight safety briefing unnecessary to require medical that are not as extensive as those
with information specific to helicopter personnel training record retention for proposed for the rare instances when
air ambulance flights.15 This an additional 60 days beyond the 24 medical personnel not associated with
information would be in addition to the months. air medical operations are transported.
passenger briefing currently required by AMOA, PHI, and Air Evac EMS All medical personnel onboard a
§ 135.117. As an alternative to the expressed several concerns with this helicopter air ambulance flight who
proposed preflight safety briefing, provision. They commented that a lack have not received the optional training
certificate holders would be permitted of formal guidance would lead to provided for by this rule must receive
to provide training every 2 years to misunderstanding of the requirements the preflight safety briefing. Medical
medical personnel through an FAA- along with inconsistent application and personnel not associated with that
approved training program. enforcement. particular operation may still
The NTSB, A.L.E.R.T., LifeFlight of The FAA finds that medical personnel inadvertently introduce risk to the
Maine, AAMS, and Angel One on helicopter air ambulance flights will operation when on board the flight. The
Transport supported the requirement. benefit from an increased familiarity preflight safety briefing will provide
LifeFlight of Maine noted that continual with the helicopter and emergency these medical personnel with familiarity
educational opportunities for medical procedures due to their unique role of with the helicopter and emergency
personnel will further enhance providing patient care while procedures, thus reducing the risk that
simultaneously working around an those personnel will affect the overall
13 See §§ 13.14 (Civil Penalties: General); 13.16
operating helicopter. The preflight safety of the operation. If medical
(Civil Penalties); 120.33 (Use of Prohibited Drugs); briefing and training is intended to personnel are not being transported
120.37 (Misuse of Alcohol).
14 Section 306(d)(2) of the FAA Modernization
prevent medical personnel from during a ‘‘helicopter air ambulance
and Reform Act of 2012 (Pub. L. 112–95) requires inadvertently introducing risk to the operation’’ as defined in § 135.601, the
the FAA to conduct a rulemaking that requires operation when outfitting the passenger operator would only need to provide the
operations control centers for helicopter air compartment for the purpose of standard part 135 passenger briefing as
ambulance services with 10 or more helicopters.
Additionally, section 306(c)(1) requires the rule to
providing medical treatment and when found in § 135.117.
address flight request and dispatch procedures. providing medical care to a patient. The FAA has determined that medical
15 Section 306(a) of the FAA Modernization and The FAA notes that medical personnel safety training will be
Reform Act of 2012 (Pub. L. 112–95) requires the personnel preflight briefing and training conducted every 24 months. The NPRM
FAA to conduct rulemaking on helicopter air is distinct from AMRM training. The proposed training every 24 months, and
ambulance operations to address ‘‘flight request and
dispatch procedures.’’ Though the benefits are less
AMRM program is not a preflight safety although commenters suggested that
than costs for this provision, it satisfies the briefing, but rather a tool used by training occur on an annual basis, the
Congressional mandate as required by the Act. operators to improve communication FAA has determined that the required 4
hours of ground training and 4 hours of acquiring more effective technology as it Airborne Equipment TSO–C194 set the
training in and around the air becomes available in the future. standards for HTAWS. The FAA and
ambulance helicopter every 24 months EADS Cassidian Electronics stated manufacturers have installed, evaluated
will provide a sufficient amount of that air ambulance operators are the and certified HTAWS in helicopters and
familiarity with the aircraft and most prominent part of the flying the systems have been shown to perform
emergency procedures. community for which HTAWS can their intended function as designed in
assist in preventing controlled flight low altitude environments.
Final Rule into terrain and obstacle strike The FAA concludes that the use of
Based on the comments received, the accidents, but the FAA should be clear HTAWS would create a safer
FAA is adopting the rule as proposed about the limitations of current HTAWS environment for emergency medical
with changes. The FAA concludes that systems caused by the reliance on services flight operations by preventing
requiring medical personnel training databases. It stated that the vertical controlled flight into terrain at night or
record retention for an additional 60 accuracy of the ground altitude of a during bad weather. As noted in the
days beyond the 24 months is database is approximately 60 feet, NPRM, the NTSB cites 17 accidents in
unnecessary and has amended the final which does not include objects like its Special Investigation Report on
rule to require that records be trees, ‘‘which seems to be insufficient Emergency Medical Services Operations
maintained for only 24 months for take-off and landing.’’ Databases, (Jan. 25, 2006) 16 that may have been
following the individual’s completion of according to the commenter, only prevented if the helicopters had been
training. If an incident occurs near the include a fraction of man-made equipped with TAWS. The FAA
end of the retention period, the FAA obstacles, such as power lines, antenna maintains that HTAWS will make
expects that these relevant documents masts, and wind turbines which are not helicopter air ambulance pilots more
will be retained per NTSB regulation 49 included in the database in real time. To aware of surrounding terrain and
CFR § 380.10(d). Additionally, we resolve these problems, the commenter obstacles and keep them from collisions.
removed redundant briefing topics in stated that the best solution would be to It may prevent the accidents that
§ 135.621 based on existing briefing require equipment with a real-time happen when a pilot must take sudden
requirements of § 135.117. forward-looking sensor system that and quick action to avoid a collision
would issue warnings for every obstacle and then loses control of the helicopter.
9. Helicopter Terrain Awareness and in the flight. The FAA acknowledges that there
Warning Systems (HTAWS) (§ 135.605) AAMS commented that HTAWS and may be lags between the time when new
night vision goggles (NVGs) should be obstacles are erected and the time when
The FAA proposed a requirement for
required together as each provides they are put into an HTAWS database.
equipping helicopter air ambulances
benefits that complement the other. However, the FAA has determined that
with HTAWS. There is no existing
LifeFlight of Maine commented that the VFR flight planning and the VFR
requirement for this equipment. One
HTAWS and NVGs should be a altitude requirements adopted here will
commenter stated that installation of minimum standard for night operations.
HTAWS has been ‘‘the single most help to offset such a lag by providing
Max-Viz Inc. (Max-Viz) and several increased situational awareness to
effective technology for reducing individuals commented that NVGs
helicopter mishaps’’ among U.S. pilots. Likewise, the radio altimeter
provide better protection from required under these rules will provide
military helicopters. The NTSB controlled flight into terrain than
concurred with the proposal and noted increased situational awareness by
HTAWS. Additionally, one individual providing pilots with additional
that it would meet Safety recommended requiring an autopilot
Recommendation A–06–15. However, information about their altitude above
rather than HTAWS because it is less the ground.
commenters also raised concerns over expensive and more effective. Several
the effectiveness of HTAWS, the need The FAA received several comments
members of ACCT also stated that addressing the flexibility in the rule and
for flexibility, and the cost of the rule. autopilots are more effective than whether the implementation timeline is
A number of commenters, including HTAWS. They claimed that HTAWS appropriate. Commenters including
NEMSPA, questioned why the FAA only provides a warning to a pilot of an AMOA and PHI expressed the need for
would propose mandating HTAWS, impending collision or altitude loss, but minimum equipment list (MEL) relief
saying that its technology has not been the pilot’s corrective actions with the for HTAWS in the event that the unit is
proven in helicopters. Commenters flight controls prevent controlled flight inoperable. Air Methods stated that the
assert that terrain awareness and into terrain. They stated that an rule’s reliance on the technical standard
warning systems (TAWS), the autopilot would decrease the risk of order (TSO) process would ‘‘inhibit
predecessor to HTAWS technology, has controlled flight into terrain and future technological benefits without a
only been truly tested with airplanes accidents from IIMC by holding the lengthy rule changing process.’’ The
operating in the high altitude aircraft flight path steady and reducing Health Care District of Palm Beach
instrument flight rules environment and a pilot’s susceptibility to spatial County stated that, in the future,
that there is no evidence to show that disorientation during IIMC recovery HTAWS may not be the most effective
HTAWS is effective in low-level visual maneuvers. The reasons that the FAA way to achieve terrain and obstacle
flight operations. Other commenters did not adopt NVG or autopilot
avoidance. AMOA commented that the
said that this equipment is more requirements in this rule are addressed
rule should be performance based to
effective in mountainous areas than in in the discussion of pilot instrument
allow flexibility for incorporation of
less challenging terrain, is a ‘‘distraction ratings, § 135.603, below.
later technology.
in the cockpit,’’ ‘‘doesn’t give the pilot The FAA disagrees with comments
LifeFlight of Maine and other
the ability to see and avoid weather,’’ that HTAWS is not proven technology
members of the ACCT stated that they
and ‘‘doesn’t keep you from spatial as it relates to helicopters and that it
believed that the 3-year timeline for
disorientation.’’ A number of would not be effective in preventing
commenters said that requiring controlled-flight-into-terrain accidents. 16 The report can be accessed at: http://
operators to invest in this technology RTCA/DO–309 Minimum Operational www.ntsb.gov/safety/safetystudies/sir0601.html
today might preclude them from Performance Standards for HTAWS and (December, 10, 2013).
implementation provides ample time to 10. Flight Data Monitoring System critical information to investigators in
comply with the rule and to finance the (§ 135.607) 18 the event of an accident.
costs. They did not agree with extending The FAA received numerous
In the NPRM, the FAA stated it was comments on this proposal regarding
the time to comply or limiting the
considering requiring helicopter air flight data monitoring system use in
applicability of this requirement.
FreeFlight Systems also commented that ambulance operators to install a flight accident investigation and Flight
the 3-year implementation period data monitoring system, referred to in Operational Quality Assurance (FOQA)
seemed reasonable. the NPRM as a light weight aircraft programs, the standards for the flight
Bristow Group noted its support for recording system (LARS).19 Currently, data monitoring system, the rule’s
requiring all helicopters engaged in § 135.151 requires a cockpit voice implementation date, and the FAA’s
commercial service to be equipped with recorder (CVR) system in rotorcraft with cost estimate.
HTAWS if not already equipped with a a passenger seating configuration of six
or more seats and for which two pilots Accident Investigation/Use in a FOQA
radio-altimeter-based warning system.
The FAA acknowledges that are required. Section 135.152 requires Program
technology could be improved over flight data recorders (FDRs) in rotorcraft Many commenters supported a
time, but does not agree that mandating with a passenger seating configuration requirement for FOQA. LifeFlight of
this particular type of equipment will of 10 or more seats. Most helicopters Maine and members of ACCT support
constrain the ability to embrace new used in air ambulance operations are both a requirement to install a flight
technologies. Incorporation by reference configured with fewer than six data monitoring system and a
of new TSO requirements allows the passenger seats, and thus are not requirement to participate in the FOQA
agency to adopt revised technological required to be equipped with either program, and commented that flight
standards. The need to incorporate new CVRs or FDRs. data monitors can assist with accident
TSOs into the regulation, due to In the NPRM, the FAA invited investigation. They recommended that
technological innovation, will not comments on the flight data monitoring the FAA conduct a joint technical study
hinder adoption of that technology in system proposal under consideration. with the NTSB and air ambulance
helicopter air ambulances. The FAA proposed that the flight data operators who are using a FOQA
In response to comments on the need monitoring system ‘‘would be required program to determine the data capture
for flexibility should an HTAWS unit to capture data according to a broadly rate needed to meet NTSB accident
become inoperable, the FAA agrees that defined set of parameters including investigation needs and what data
an HTAWS may meet the requirements information pertaining to the aircraft’s feedback requirements would best
for MEL relief with certain conditions state (such as heading, altitude, and support FOQA programs. Eurocopter
on the types of operations that could be attitude), condition (such as rotors, commented that FOQA use is preferable
conducted while the HTAWS was transmission, engine parameters, and to use in accident investigation, and the
inoperable. The exact scope of such flight controls), and system performance Global Helicopter Flight Data
relief will be addressed through the (such as full authority digital engine Monitoring Steering Group commented
FAA’s standard MEL process. control, and electronic flight that accident investigation use is only
Based on the comments received, the instrumentation system).’’ Further, as reactive, but FOQA use can be
FAA has determined that the proposed, the flight data monitoring proactive.
compliance date for the HTAWS system would have to be operated from PHI supports installation and use of a
requirement does not need to be the application of electrical power flight data monitoring system in air
extended. Extending the HTAWS before takeoff until the removal of ambulance aircraft. It suggested
requirement to the entire commercial electrical power after termination of requiring operators to develop an
helicopter population would be outside flight. It would be required to receive internal process for using data collected
the scope of this rulemaking. electrical power from the bus that by the system for analysis, identification
Finally, West Michigan Air Care provides the maximum reliability for and mitigation of at-risk behaviors
estimated that its cost of compliance operation without jeopardizing service across the organization, as well as
with the HTAWS requirement would be to essential or emergency loads. Under development of supplemental
$75,000 for its two-helicopter air the proposal, certificate holders would educational opportunities for air
ambulance operation. The FAA notes have had 3 years to comply with the ambulance pilots. PHI said that the
that this estimate is consistent with the rule. The FAA noted a flight data focus of the flight data monitoring
FAA’s estimate of $35,000 per monitoring system can be used to system should be to prevent accidents.
helicopter for equipment and It said the emphasis should be placed
promote operational safety, and that,
installation, plus $7,000 for revenue loss on FOQA and flight data management
because so few certificate holders are
for equipment downtime. Additionally, implementation and benefits. HAI
using such systems, it may be necessary
while the FAA recognizes the financial supports and encourages flight data
to require them. Likewise, the FAA
burden new equipment requirements monitoring technology because it has
stated that these systems can provide
impose on operators, providing 3 years obvious safety benefits for accident
from the effective date of the final rule 18 Section 306(a) of the FAA Modernization and
investigation and the potential for
for installation will allow certificate Reform Act of 2012 (Pub. L. 112–95) directs the development of FOQA and other safety
holders to spread the cost of compliance FAA to conduct rulemaking on helicopter air programs. Alakai Technologies
over that period of time and take ambulance operations to address ‘‘safety enhancing Corporation commented that the
advantage of scheduled downtime for technology and equipment,’’ including ‘‘devices
requirement should be extended across
that perform the function of flight data recorders
maintenance. all helicopter operations.

and cockpit voice recorders.’’ Though the benefits
This rule is adopted as proposed with are less than costs for this provision, it satisfies the An individual commented that
minor edits for clarification.17 Congressional mandate as required by the Act. satellite tracking, currently in use by his
19 Although the NPRM did not contain proposed
company, records flight information that
17 Section 306(c)(3) of the FAA Modernization rule text, the FAA provided a detailed discussion
and Reform Act of 2012 (Pub. L. 112–95) requires of the proposals under consideration and asked for
can be used to help rescue the aircraft
the FAA to conduct a rulemaking that addresses use comments in anticipation of including an FDMS and provides the necessary information
of HTAWS in helicopter air ambulance operations. requirement in the final rule. on aircraft operations making a flight
data monitoring system unnecessary. this requirement to all helicopter regulation. Eurocopter recommended
Kestrel Air stated that the cause of most operations because that option was not defining the required parameters in
air ambulance accidents is already presented in the NPRM. Although the conjunction with aircraft manufacturers
known and that flight data monitoring FAA encourages operators to take before regulating. Honeywell
systems do not record flight visibility advantage of the many uses of this data, International also suggested the
data, thus adding little value to this final rule does not require data development of minimum performance
analyzing IIMC encounters. collection because mandating it would specifications. The General Aviation
A FOQA program is meant to improve open up that data to FAA surveillance, Safety Network commented that what
flight safety by providing more amounting to a required submission. was proposed, with respect to required
information about, and greater insight The FAA is concerned that such an parameters, is too close to an FDR.
into, the total flight operations action would discourage operators from The FAA also received several
environment. This is accomplished with participating in a FOQA program. comments on whether the flight data
selective automated recording and Although operators will not be monitoring system under the rule would
analysis of data generated during flight required to collect data from the flight need to comply with European
operations. Analysis of FOQA data can data monitoring system, the FAA Organization for Civil Aviation
reveal situations that require encourages them to gather this Equipment (EUROCAE) Document ED–
improvement—in operations, in information and analyze it for use in 155 or TSO–C197.
training, and in maintenance improving safety in their day-to-day NTSB said that a recorder that
procedures, practices, equipment, or operations. Based on current practice, complies with ED–155 would be a
infrastructure. some will choose to use the system this valuable aid to accident investigations
In response to comments about way. The rule will not preclude and would be fully capable of
mandatory FOQA participation, the operators from participation in an FAA- supporting a structured flight data
FAA notes that 14 CFR part 13, approved FOQA program, and data monitoring program. The NTSB notes
Investigative and Enforcement submitted voluntarily as part of a FOQA that a considerable amount of work has
Procedures, states conditions under program will be protected under part been done by EUROCAE (with full
which information obtained from an 193. participation by both the FAA and the
approved voluntary FOQA program will The FAA anticipates that the NTSB) to develop standards for light-
not be used in enforcement actions information that this equipment can weight flight recording devices that
against an operator or its employees. gather may be used as a supplement to would fulfill the requirements outlined
Part 193, Protection of Voluntarily a certificate holder’s training program. in the NPRM. The ED–155 standard
Submitted Information, contains covers FDR-like data recording, CVR-
Flight Data Monitoring System
provisions for certain protections from like audio recording, cockpit video, and
Capabilities
public disclosure of voluntarily data-link message recording. Several
submitted safety-related information The FAA received many comments on manufacturers are producing recorders
when such information has been the flight data monitoring system to this standard at a cost of less than
designated by an FAA order as standards discussed in the NPRM, $10,000.
protected under that part. As stated in including several stating that a FreeFlight Systems, an avionics
the NPRM, these protections are regulation is not appropriate at this manufacturer, said that TSO–C197 will
available only if the data is collected by time. However, the FAA also received drive up costs because it does not allow
the operator as part of a voluntary FAA- comments in support of flight data commercial-grade operating systems.
approved program. In support of this monitoring system, including from the This commenter said that, rather than
public safety objective, the FAA has NTSB. using a TSO, a parts manufacturer
endorsed the development and AAMS supports installation of a flight approval (PMA) should suffice, since a
implementation of voluntary FOQA data monitoring system on air flight data monitor failure does not
programs as a tool for continuously ambulance helicopters but says the endanger the airframe or other systems
monitoring and evaluating operational proposal was not specific enough to in the aircraft. For accident
practices and procedures, but justify a regulation at this time. NORTH investigation purposes, FreeFlight
maintaining the voluntary nature of the Flight Data Systems stated a regulation indicated that it produces a hardened
program is paramount and does not would slow technological development memory unit which provides protection
allow the FAA to mandate FOQA for of these systems. PHI recommended that of vital information in the event of a
any operator. the FAA conduct a comprehensive crash. It has significant ballistics
As discussed in the NPRM, this outreach process in partnership with protection and can withstand a
equipment may be used to provide certificate holders who currently have a temperature of 1,100 degrees Celsius for
significant information for investigators flight data monitoring system installed up to an hour.
to determine accident causation, which and are participating in flight data The General Aviation Safety Network
may help to prevent future accidents. In monitoring FOQA programs. The commented that no certification should
addition, the data can be used commenter suggested this as a way to be required, except for RTCA DO–160E
proactively by an operator to modify determine what data is needed for flight environmental categorization. NORTH
operational and maintenance data management and what are realistic Flight Data Systems commented that the
procedures for increased efficiency and cost estimates for installing those ‘‘crashworthy focus’’ of the NPRM will
lower costs, to provide immediate systems and operating a fully functional make many products undergo redesign
feedback to pilots in training, and to flight data monitoring FOQA program. to meet the TSO or ED–155 standards.
highlight areas where additional AMOA suggested waiting to establish The FAA agrees with the NTSB that
training may be needed. a regulation until there is a more several manufacturers have recording
The final rule requires certificate thorough understanding of current systems able to record flight
holders operating helicopter air products, but also noted the need for performance data, audio, images, and
ambulances to install and operate a MEL relief if a rule were adopted. HAI data-link messages. This final rule is
flight data monitoring system in their stated the technology is not sufficiently performance based and compliance with
helicopters. The FAA is not extending mature at this time to justify a this rule does not necessarily require
installation of a TSO-approved system. monitoring systems until there is a They also said that the FAA’s estimates
However, TSO–C197-approved articles better understanding of current had not included the cost of installation,
are an acceptable means of compliance products. PHI said that a 3-year the cost of time out of service, or the
with new § 135.607. This equipment implementation time is too ambitious. cost of reviewing data collected by the
must be capable of recording flight HAI strongly supports flight data device. AMOA contended that there is
performance data. Considering the monitoring technology, but does not no current device that can perform all
availability of such technology, the FAA believe it is sufficiently mature at this the functions listed in the proposal.
has determined that a final rule time to serve as the basis for a regulatory AMOA estimated that flight data
requiring all air ambulance helicopters equipment mandate. HAI and LifeFlight monitoring system costs are more than
to equip with a flight data monitoring of Maine recommend establishment of a $30,000, plus costs associated with the
system is justified. This final rule joint FAA/industry work group to development of supplemental type
requires installation and operation of a collect relevant data and conduct a certificates, installation, and time out of
flight data monitoring system, but it study on which to base long term service. PHI estimated the actual cost of
does not require collection of data from guidance. The NTSB, in discussing the a complete flight data monitoring
that equipment or development of data work that EUROCAE has done to software platform can range from
collection processes. develop standards for light-weight flight $50,000 to in excess of $120,000—a cost
In response to these comments, the recording systems, said an ED–155- that does not include hardware,
FAA offers clarification. The parameters compliant recorder would be an aid to manpower, or recurring service/support
described in the NPRM were meant to accident investigation and encouraged and training. LifeFlight of Maine stated
illustrate the type of data that could be the FAA to include a requirement for a that one member, who is a part 135
collected by this equipment. In the final flight data monitoring system in the certificate holder with an FAA approved
rule, the FAA does not specify final rule. AMOA commented that FOQA and a flight data monitoring
parameters of data or specifically operators have reported significant system, found the costs for purchase,
identify a set of performance standards delays in the approval process for all installation and data collection/analysis
that must be met. The final rule also types of equipment installations. It to be $27,250 per aircraft. AAMS stated
does not require data collection or data asked for expedited approval for any that reports from its providers already
analysis. It requires only that a flight required new equipment using flight data monitoring systems
data monitoring system capable of The FAA has carefully reviewed the suggested that the FAA estimates for
recording flight performance data be comments that industry needs sufficient equipment purchase and installation are
installed. This final rule simply requires time to manufacture, obtain and install 4 to 5 times too low and did not account
equipment—not data collection. The equipment that meets the required for program maintenance, data storage,
rule does not establish standards for performance standards. After and report development. Air Evac EMS
crashworthiness or environmental considering comments, the FAA has estimated the total cost to be more than
testing. This final rule uses a cost model determined that it is appropriate to $40,000, plus costs associated with the
for an approved flight data monitoring allow 4, rather than 3 years from the development of supplemental type
system designed and produced under a effective date of the rule for compliance. certificates, installation, time out of
TSO–C197 authorization. This extra year is warranted to provide service, and very expensive service
It would be outside the scope of the additional time for operators to obtain contracts.
rule to require satellite tracking of and install equipment. PHI agreed with AMOA on the cost
helicopter air ambulances because it analysis, saying that the FAA had
was not proposed in the NPRM. In Cost Estimate for Flight Data Monitoring
‘‘grossly underestimated’’ the cost of
developing the 2010 NPRM, the FAA Systems
flight data monitoring equipment,
intended that compliance with In the NPRM, the FAA estimated that accompanying analysis software, and
§ 135.607 would be met by an FDR-like the cost of a flight data monitoring flight data monitoring FOQA program
system installed and recording on the system would be $6,450 for equipment development and maintenance costs.
helicopter. An operator may and installation, and accompanying These commenters argued that no
demonstrate that a satellite tracking software would cost $750 per year. system on the market could accomplish
system, combined with onboard There was also a $1,913 average 10-year all the tasks specified in the NPRM at
reporting, has the capability to meet the cost estimate for evaluation, analysis, the price of $6,450. PHI also commented
standards in § 135.607. and use of the recorded data. The FAA that ‘‘another cost driver for LARS will
The FAA anticipates that relief could asked the public to evaluate the be the level of crash survivability
be granted for operations with an accuracy of this cost information and specified.’’ PHI strongly urged the FAA
inoperable flight data monitoring those comments are summarized below. to develop unique specific minimum
system. While a flight data monitoring Bristow Group stated that this operational performance specifications
system is a valuable tool that can be equipment is affordable and effective (MOPS) or a TSO for helicopter flight
used for accident investigation, it is a and that the FAA should mandate it for data monitoring systems. PHI contended
passive device that collects information all commercial helicopters that are not that if this equipment is held to the
and is not essential for safe operation in already required to have FDR. It asserts crashworthiness called for in ED–155,
the way an oil pressure gauge would be. that this equipment is proven to bring some operators will not be able to afford
The particular requirements relating to safety and financial benefits to all types it.
operations with an inoperable flight of commercial helicopter operations. In response to these comments, we
data monitoring system would be Some commenters, including AMOA, note that the FDM capability described
developed by FAA’s Flight Standards PHI, LifeFlight of Maine, AAMS, and in the NPRM was meant to illustrate the
Service for its MEL program. Air Evac EMS, said that cost estimates type of data that could be collected by
for the flight data monitoring system this equipment. We did not intend to
Implementation Date for the Flight Data presented in the NPRM were unrealistic. propose an FDM system that must
Monitoring System They said that equipment bought at that record all information pertaining to the
AMOA recommended that the FAA price would not be able to perform all aircraft’s state (such as heading,
not issue a rule requiring flight data the functions mentioned in the NPRM. altitude, and attitude), condition (such
as rotors, transmission, engine requirements of § 135.607(a)–(b) will be these situations. A pilot who receives
parameters, and flight controls), and in compliance with this rule. this rating is better equipped to
system performance (such as full This rule addresses parts of NTSB maintain situational awareness and
authority digital engine control, and Safety Recommendations A–06–17 and maneuver the helicopter into a safe
electronic flight instrumentation A–09–90. environment. Requiring an instrument
system) that was discussed in the 11. Pilot Instrument Ratings (§ 135.603) rating, without a requirement to
NPRM. Under this rule, the operator maintain instrument currency, will
would be able to determine the The FAA proposed to add § 135.603 allow a VFR operator to expend fewer
parameters that the FDM would record. to require a helicopter air ambulance resources than required to meet full
Our estimate of $6,450 ($5,950 plus pilot to hold a helicopter instrument currency requirements while ensuring
$500 for installation) was based on a rating. Currently, § 135.243(b) requires that pilots have the skills necessary to
device that could meet the intent of the the pilot in command of a helicopter air extract themselves from IIMC.
proposal, not one that could capture ambulance to hold, at a minimum, a Additionally, mandating instrument
every parameter listed as examples in commercial pilot certificate. Helicopter currency for all commercial pilots is
the NPRM. air ambulance pilots are not currently beyond the scope of the current
required to hold instrument ratings rulemaking.
However, based on the comments
unless they will be flying under To prevent IIMC accidents, § 135.293
received, the FAA reviewed and revised
instrument flight rules (IFR) or, when requires that pilots demonstrate the
the FDMS cost estimates. In the final
flying under visual flight rules (VFR), ability to recover from IIMC during their
rule, the FAA specifically identifies a
they will be flying above a cloud layer annual competency checks. The FAA
set of performance standards that must
(commonly called ‘‘VFR over-the-top’’). notes that the IIMC-recovery portion of
be met. While these performance The FAA received comments
standards are based on certain the competency check could be
expressing support for the proposal
requirements in TSO–C197 and ED–155, performed in a simulator or flight
from commenters including the NTSB,
the final rule does not require training device, provided that it is
AMOA, AAMS, Air Evac EMS,
equipment that is compliant with TSO– consistent with that device’s specific
NEMSPA, and Safety and Flight
C197 or ED–155. The FAA is aware of approval. Pilots who obtain the
Evaluations, International.
equipment that meets TSO–C197 The NTSB agreed with the instrument rating supplemented by the
requirements that is currently available requirement for a helicopter air preparation for the annual competency
for $7,000 and uses this estimate in the ambulance pilot to hold an instrument check will be adequately prepared to
final rule. The FAA also now estimates rating, but stated that helicopter air recover from IIMC.
that installation would cost $8,000 (80 ambulance pilots should maintain This rule is adopted as proposed.
hours x $100 per hour) which would instrument currency. It commented that E. General Comments
include time to run operational instrument currency is generally
performance tests on the FDMS. We acknowledged to be a skill that FAA Oversight Resources/Delay in
estimate a one-time revenue loss of deteriorates rapidly without continued Approval/Expedited Approval Process
$7,000 per day for installation. practice and use. AMOA, NEMSPA, AMOA commented that numerous
Therefore, the FAA estimates the total Safety and Flight Evaluations, operators report significant delays in the
cost per helicopter to be $22,000 ($7,000 International and numerous individual approval process for all types of
equipment, $8,000 installation, $7,000 commenters also suggested that the FAA equipment installations. It expressed
revenue loss). Additionally we estimate require helicopter air ambulance pilots concern about the FAA’s ability to
that operators will incur two, one-time, to maintain currency or routinely inform and educate field personnel,
hardware and software license fee costs demonstrate the ability to recover from such as Flight Standards District Offices
of $2,500 and $750, respectively. For IIMC. Several commenters noted that (FSDOs) and headquarters inspectors,
detailed cost information see the this requirement should be applied to about new rule requirements. It
accompanying regulatory evaluation. all commercial pilots. maintained that there are a wide range
Final Rule Identical comments from two of interpretations and implementations
individuals suggested requiring frequent of rules, resulting in a lack of
This final rule will require short training sessions involving standardization throughout the FAA.
installation of a flight data monitoring unplanned entry into IMC followed by The FAA understands the
system capable of recording helicopter an instrument approach to landing at commenter’s concern and has issued
flight performance and operational least quarterly in an approved aircraft or guidance for inspectors to ensure
data.20 It will not require data collection simulator. They suggested a requirement uniform application of the rule’s
or prescribe standards or parameters for that a table-top PC-based navigation requirements. This rule also contains
data collection. The flight data system trainer or similar device be used delayed compliance dates for several of
monitoring system must be activated at least monthly. They commented that its provisions, which will give
and operative from the time electrical the FAA should not require using a non- certificate holders time to purchase and
power is turned on before takeoff until motion visual flight simulator with install the required equipment and to
it is turned off after the end of the flight. wrap-around visual display. They develop and implement required
Helicopter air ambulance operators will requested that the FAA prohibit flight procedures.
have 4 years to comply with the rule. assignment within 24 hours of training
Helicopters equipped with an Night Vision Goggles and Autopilots
in a non-motion visual flight simulator
operational FDR that meets the with wrap-around visual display. The NPRM did not propose requiring
The FAA notes that IIMC is a common night vision goggles (NVGs) or night
20 Section 306(d)(2) of the FAA Modernization factor in helicopter air ambulance vision imaging systems (NVIS). The
and Reform Act of 2012 (Pub. L. 112–95) requires accidents and the intent of the NPRM included a statement explaining
the FAA to conduct a rulemaking that addresses use
of devices that perform the function of flight data
instrument rating requirement is to that the FAA considered allowing NVGs
recorders and cockpit voice recorders, to the extent ensure that helicopter air ambulance as an alternate method of compliance
feasible, in helicopter air ambulance operations. pilots are better equipped to handle for the HTAWS requirement, but
decided that this technology might not before a regulatory requirement is Public aircraft operation is limited by
be appropriate for all operations and considered. statute to certain government operations
that the FAA required further study on The FAA did not include an autopilot within U.S. airspace. See 49 U.S.C.
this equipment before allowing its use requirement in the NPRM. Therefore, 40102(a)(41), 40125. Although these
instead of HTAWS. mandating an autopilot unit is outside operations must comply with certain
Numerous commenters, including the scope of this current rulemaking. general operating rules (including those
AMOA, PHI, Air Evac EMS, NEMSPA, Furthermore, the FAA concluded that applicable to all aircraft in the National
LifeFlight of Maine, FreeFlight Systems, requiring autopilots on helicopter air Airspace System), other civil
and AAMS expressed support for an ambulances in this current rulemaking certification and safety oversight
NVG or night vision imaging system would be premature. Autopilot units regulations do not apply. Whether an
requirement in this rule. Many may be cost prohibitive and not widely operation may be considered a public
commented that night vision technology available, and may pose space and aircraft operation is determined on a
should be mandated in lieu of HTAWS. weight issues for helicopters not flight-by-flight basis, under the terms of
AAMS commented that HTAWS and equipped to handle the units. the statute. The FAA considers the
NVGs should be required together as following factors in making these
each provides benefits that complement Public Aircraft Operations determinations: aircraft ownership, the
the other. LifeFlight of Maine The FAA received several comments purpose of the flight, and the persons on
commented that HTAWS and NVG from public safety organizations, board the aircraft.
should be a minimum standard for night including the International Association Specifically, 49 U.S.C. 40102(a)(41)(C)
operations. The FAA did not receive of Fire Chiefs and the Department of includes as a public aircraft ‘‘an aircraft
any comments stating that the FAA California Highway Patrol, asking about owned or operated by the government of
should not require NVGs or night vision the applicability of this rule to ‘‘public a State . . . or a political subdivision of
imaging systems. safety operations’’ or stating their [one of these] governments, except as
As stated in the NPRM, the FAA understanding that the part 135 provided in section 40125(b).’’ See Legal
considered allowing certificate holders provisions would not be applicable to Interpretation to Ray Borrato, from
to use NVGs or night vision imaging such operations. The San Bernardino Rebecca B. MacPherson, Assistant Chief
systems as an alternative to HTAWS but Counsel for Regulations (July 14, 2011).
County Sheriff’s Department
did not include such a proposal in the Section 40125(b) states that an aircraft
commented that applying the proposed
NPRM for numerous reasons. Night included in § 40102(a)(41)(C) ‘‘does not
rules to its public safety operations
vision goggles may not be appropriate qualify as a public aircraft . . . when
would limit its ability to conduct its
for all operations, such as inadvertent the aircraft is used for commercial
operations and ‘‘render unusable 50% of
flight into IMC. Additionally, the FAA purposes or to carry an individual other
the helicopter EMS aircraft’’ in the
stated that it must conduct further than a crewmember or a qualified non-
county.
research to determine the most crewmember.’’ ‘‘Commercial purposes’’
appropriate use of NVGs before allowing In contrast, several commenters,
under the statute means ‘‘the
operators to use them as an alternate including AMOA, PHI, and West transportation of persons or property for
means of compliance. See 75 FR 62654. Michigan Air Care, expressed support compensation or hire. . . .’’ If an
The FAA is, however, currently for extending the provisions of this rule operator receives compensation for
investigating the benefits, uses and to include public aircraft operations. conducting operations it would not be
limitations of NVGs.21 PHI expressed support for requiring providing the service as a public aircraft
Similarly the FAA received comments public aircraft operations to comply operation, but as a commercial vendor.
questioning why this rule did not with the rules proposed in the NPRM, Those flights would not qualify as
mandate an autopilot requirement. The stating that the thousands of passengers public aircraft operations and the
NTSB commented that the NPRM did transported every year by government operator would be required to comply
not address Safety Recommendation A– operators should benefit from the safety with the certification and operating
09–96, which recommended that the enhancements in the proposed rule. It rules of 14 CFR part 135.
FAA require all EMS helicopters to be stated that the FAA has been To that end, we note that the part 135
equipped with an autopilot for single- inconsistent in providing civil aircraft provisions of this rule would apply only
pilot operations. NTSB believes that an regulatory oversight of government to civil aircraft operations and would
autopilot is a significant aid for operators engaged in air ambulance not apply to public aircraft operations.
unexpected high workload situations, operations. PHI also highlighted NTSB Accordingly, an aircraft operator that
such as IIMC. LifeFlight of Maine, Safety Recommendation, A–09–130, only performs public aircraft operations
Boston MedFlight, Life Flight Network, which calls for the FAA to seek specific would not need to hold a part 119
Angel One Transport, NEMSPA, Safety legislative authority to achieve safety operating certificate permitting part 135
and Flight Evaluations, International, oversight of helicopter air ambulance operations. An operator that conducts
members of ACCT, and several operations conducted using both public aircraft operations and civil
individual commenters also expressed government-owned aircraft. The operations would need to hold a part
support for an autopilot requirement. Airborne Law Enforcement Association 119 operating certificate and conduct its
Association of Air Medical Services suggested that the FAA establish a civil operations pursuant to part 135
supported the added safety benefits of definition of ‘‘public safety HEMS rules. We also note that public aircraft
autopilot technology but commented aircraft.’’ operations must adhere to part 91
that further research, development, and In response, the FAA clarifies that the airspace rules; therefore, the provisions
industry collaboration is necessary part 135 provisions of this rule do not of § 91.155 would apply to both public
apply to public aircraft operations. The and civil operations.
21 Section 318 of the FAA Modernization and FAA has statutory authority to promote The FAA encourages government
Reform Act of 2012 (Pub. L. 112–95) requires the safe flight of civil aircraft in air entities that conduct public aircraft
FAA to study the ‘‘feasibility of requiring pilots of
helicopters providing air ambulance services under
commerce. See 49 U.S.C. 44701(a). This operations to inform the local FSDO that
part 135 . . . to use NVGs during nighttime authority does not extend to public they conduct public aircraft operations
operations.’’ aircraft operations. in the FSDO’s area to avoid confusion
about the oversight of those operations. an unfunded mandate on state, local, requirements to the scale of the
The FAA conducts surveillance and tribal governments, or on the private business, organizations, and
oversight of part 119 certificates sector by exceeding the threshold governmental jurisdictions subject to
holders, including government entities identified above. These analyses are regulation.’’ To achieve that principle,
that hold such certificates, to verify that summarized below. the RFA requires agencies to solicit and
they are complying with appropriate Total Benefits and Costs of This Rule consider flexible regulatory proposals
rules during civil operations. and to explain the rationale for their
The estimated mean benefit value for actions. The RFA covers a wide range of
IV. Regulatory Notices and Analysis the rule will be about $821 million, or small entities, including small
A. Regulatory Evaluation $577 million present value, over ten businesses, not-for-profit organizations
years. The FAA estimates the cost of and small governmental jurisdictions.
Changes to Federal regulations must this rule will be approximately $311
undergo several economic analyses. Agencies must perform a review to
million, or $243 million present value,
First, Executive Order 12866 and determine whether a proposed or final
over ten years.
Executive Order 13563 directs that each rule will have a significant economic
Federal agency shall propose or adopt a Who is potentially affected by this rule? impact on a substantial number of small
regulation only upon a reasoned Helicopter air ambulance operators, entities. If the agency determines that it
determination that the benefits of the commercial helicopter operators, will, the agency must prepare a
intended regulation justify its costs. helicopter aerial application operators, regulatory flexibility analysis as
Second, the Regulatory Flexibility Act and helicopter external load operators. described in the Act.
of 1980 (Pub. L. 96–354) requires Assumptions: Based on the criteria used in the
agencies to analyze the economic • The rule is expected to take effect initial regulatory flexibility analysis and
impact of regulatory changes on small in 2013. The time horizon for these used again here, this rule will have a
entities. Third, the Trade Agreements potential benefits is 10 years, 2013 significant economic impact on a
Act (Pub. L. 96–39) prohibits agencies through 2022. substantial number of small entities.
from setting standards that create • All monetary values are expressed The FAA’s usual threshold for economic
unnecessary obstacles to the foreign in constant 2013 dollars. We calculated significance is a 2 percent annual
commerce of the United States. In the present value of the potential benefit compliance cost to operating revenue.
developing U.S. standards, this Trade stream by discounting the monetary However, we elected to use a more
Act requires agencies to consider values using a 7 percent interest rate conservative threshold of 1 percent
international standards and, where from 2013 to 2022. annual compliance cost to operating
appropriate, that they be the basis of • The FAA estimated that the revenue in this rulemaking. In the initial
U.S. standards. Fourth, the Unfunded helicopter fleet would grow at 2.8 regulatory flexibility analysis, we stated
Mandates Reform Act of 1995 (Pub. L. percent per year. that the proposed rule would cause
104–4) requires agencies to prepare a Benefits of This Rule small air ambulance operators to incur
written assessment of the costs, benefits, compliance costs such that the ratio of
Benefits will accrue from the annual compliance cost to annual
and other effects of proposed or final
implementation of new operational revenue ranged between 1.76 and 1.88
rules that include a Federal mandate
procedures and additional equipment percent, which we considered
likely to result in the expenditure by
requirements for helicopter air significant. We did not receive any
State, local, or tribal governments, in the
ambulances. This final rule also comments on this determination. In the
aggregate, or by the private sector, of
increases safety for commercial final regulatory flexibility analysis, we
$100 million or more annually (adjusted
helicopter operations by revising have updated the ratio of annual
for inflation with base year of 1995).
requirements for equipment, pilot compliance costs to annual revenue to
This portion of the preamble
training, and alternate airports and it a range between 1.80 to 1.87 percent,
summarizes the FAA’s analysis of the
increases weather minimums for but our determination has not
economic impacts of this rule. We
helicopters operating under part 91. The changed—this rule will have a
suggest readers seeking greater detail
estimated mean benefit value for these significant economic impact on a
read the full regulatory evaluation, a
provisions will be $821 million, or $577 substantial number of small air
copy of which we have placed in the
million present value, over ten years. ambulance operators.
docket for this rulemaking.
In conducting these analyses, FAA Costs of This Rule This final rule will impact air
has determined that this final rule: (1) The FAA estimates the cost of this ambulance, air tour, on demand, aerial
Has benefits that justify its costs; (2) is rule will be approximately $311 million, application, and external load operators.
not an economically ‘‘significant or $243 million present value, over ten The U.S. Small Business Administration
regulatory action’’ as defined in section years. (SBA) classifies businesses as small
3(f) of Executive Order 12866; (3) is based on size standards, typically
‘‘significant’’ as defined in DOT’s Regulatory Flexibility Determination expressed as annual revenue or number
Regulatory Policies and Procedures; (4) The Regulatory Flexibility Act of 1980 of employees. SBA publishes a table of
will have a significant economic impact (RFA) establishes ‘‘as a principle of small business size standards matched
on a substantial number of small regulatory issuance that agencies shall to North American Industry
entities; (5) will not create unnecessary endeavor, consistent with the objective Classification System (NAICS) codes.
obstacles to the foreign commerce of the of the rule and of applicable statutes, to Table 5 shows the size standards for the
United States; and (6) will not impose fit regulatory and informational entities that will be affected by this rule.
Air Ambulance Operators affected by this regulation, which we percent, which is not significant. While
Because we did not have actual consider a substantial number of small this rule will affect a substantial number
annual revenues for air ambulance entities. Although their annualized of small external load operators, they
operators, we estimated them using compliance costs range from $980 to will not incur a significant economic
helicopter counts as a revenue driver. $72,784, we were unable to estimate impact.
We assumed an average of 367 their annual revenues because average
Regulatory Flexibility Analysis
operations per year for each helicopter revenue per flight for these entities is
not meaningful. There are a number of Under section 603(b) of the RFA (as
and a charge of $7,000 per operation. amended), each regulatory flexibility
The FAA estimated 35 small air factors (e.g., length of flight, type of
helicopter) that determine the revenue analysis is required to address the
ambulance operators (with estimated following points: (1) Reasons the agency
for an individual flight. These factors
revenues lower than $7 million) out of considered the rule, (2) the objectives
are not likely to result in a distribution
the 73 air ambulance operators that will and legal basis for the rule, (3) the kind
around a meaningful average revenue.
be affected by this regulation, which we and number of small entities to which
At the higher end of the compliance cost
consider a substantial number of small the rule will apply, (4) the reporting,
range, the economic impact may well be
entities. Their ratio of annualized cost to recordkeeping, and other compliance
significant, but again, we cannot
annual revenue ranges from 1.80 to 1.87 requirements of the rule, and (5) all
validate such an estimate. In the NPRM,
percent. Based on the criteria used in Federal rules that may duplicate,
we asked on-demand operators to
the initial regulatory flexibility analysis overlap, or conflict with the rule.
provide financial data pertaining to the
and used again here, this rule will have
rule’s impact on their operations, but we
a significant economic impact on a Reasons the FAA Considered the Rule
did not receive any comments in
substantial number of small air response to this request. Therefore we Helicopter air ambulance accidents
ambulance operators. Accordingly, the still have no annual revenue data for reached the highest levels in history
FAA prepared a regulatory flexibility these operators. during the years from 2003 through
analysis for small air ambulance 2008.23 The year 2008 was the deadliest.
operators, as described in the next Aerial Application Operators (Part 137) In 2008, five air ambulance accidents
section. We assumed an average of 81 aerial killed 21 people, including pilots,
Air Tour Operators application operations per year for each patients, and medical personnel. A total
helicopter and a charge of $500 per of 62 helicopter air ambulance accidents
We assumed an average of 747 air tour aerial application operation. The FAA occurred during the period from 1991
operations per year for each helicopter identified 224 small aerial application through 2010, and this number included
and a charge of $1,689 22 per air tour operators (with estimated revenues 125 fatalities and a midair collision
operation. As such, the FAA identified lower than $7 million) out of the 224 between two helicopter air ambulances.
31 small air tour operators (with aerial application operators that will be Commercial helicopters other than air
estimated revenues lower than $7 affected by this regulation, which we ambulances had accidents as well. From
million) out of the 46 air tour operators consider a substantial number of small 1991 through 2010, these helicopters
that will be affected by this regulation, entities. Their ratio of annualized cost to had 20 accidents and 39 fatalities.
which we consider a substantial number annual revenue is 0.01 percent, which is There were four common factors in
of small entities. Their ratio of not significant. While this rule will these accidents—night conditions,
annualized cost to annual revenue for affect a substantial number of small inadvertent flight into instrument
air tour operators ranges from 0.08 to aerial application operators, they will meteorological conditions, loss of
0.26 percent, which is not significant. not incur a significant economic impact. control, and controlled flight into
While this rule will affect a substantial terrain.
number of small air tour operators, they External Load Operators (Part 133)
The impetus for this rulemaking is the
will not incur a significant economic We assumed an average of 1,159 number of helicopter accidents, noted
impact. external load operations per year for above. Helicopter air ambulances
each helicopter and a charge of $625 per operate under unique conditions. Their
On Demand Operators
external load operation. The FAA flights are often time-sensitive, putting
The FAA identified 370 small on- identified 197 small external load pressure on the pilots. Helicopter air
demand operators (with 1,500 or fewer operators (with estimated revenues ambulances operate at low altitudes and
employees) out of the 379 that will be lower than $7 million) out of the 219 under varied weather conditions. These
external load operators that will be pilots fly year-round in rural and urban
22 We multiplied the average revenue per person
affected by this regulation, which we settings, over mountainous and non-
for 5 different operators ($380.56/person) by the
average hours per operation (0.7396 hours/
consider a substantial number of small
operation) and by the average revenue passengers entities. Their ratio of annualized cost to 23 GAO, Aviation Safety: Potential Strategies to
ER21FE14.001</GPH>
per helicopters (6 passengers/helicopter). annual revenue is less than 0.01 Address Air Ambulance Safety Concerns (2009).
mountainous terrain, during the day and regulations to protect patients, medical The Kind and Number of Small Entities
during the night, and in conditions personnel and flight crewmembers to Which the Rule Will Apply
where visibility is good and in onboard helicopter air ambulances.
conditions where it is not. They must The FAA identified 35 small air
The Objectives and Legal Basis for the ambulance operators on which the rule
often land at unfamiliar, remote, or Rule
unimproved sites with hazards like will have a significant economic impact.
trees, buildings, towers, wires, and The FAA’s authority to issue rules on We estimate that the small air
uneven terrain. aviation safety is found in Title 49 of the ambulance operators have annual
United States Code. This rulemaking is revenues between $2.6 million and $5.1
In an emergency, many patients will promulgated under the authority million.
not have a choice of whether they want described in 49 U.S.C. 44701(a)(4),
to be transported in a helicopter. They which requires the Administrator to The Reporting, Recordkeeping, and
may be in a medical condition that promulgate regulations in the interest of Other Compliance Requirements of the
prevents them from making decisions safety for the maximum hours or Rule
about transportation or indicating what periods of service of airmen and other
they want. They cannot choose between employees of air carriers, and 49 U.S.C. As required by the Paperwork
competing carriers because the company 44701(a)(5), which requires the Reduction Act of 1995 (44 U.S.C.
that responds to the scene may be either Administrator to promulgate regulations 3507(d)), the FAA will submit a copy of
the only one in the area or the first one and minimum standards for other these sections to the Office of
called. For these reasons, and those practices, methods, and procedures Management and Budget (OMB) for its
discussed previously, the FAA is necessary for safety in air commerce and review. The following provisions apply
establishing more stringent safety national security. to the Paperwork Reduction Act.
All Federal Rules That May Duplicate, the FAA was unable to find this type of these overlapping results, there will be
Overlap, or Conflict With the Rule financial information for the affected no change in the competitiveness of
entities, and so used an alternative way these 33 small air ambulance operators
The FAA is unaware of any Federal
of analyzing affordability. The approach with large air ambulance operators.
rules that duplicate, overlap, or conflict
used by the FAA was to compare However, for the remaining 5 large
with this rule.
estimated revenues with the annualized operators, the average ratio of
Other Considerations compliance costs. annualized compliance cost to
Affordability Analysis The average ratio of annualized costs estimated annual revenue ranges from
to estimated annual revenues for small 0.90 percent to 0.93 percent, and this
For the purpose of this analysis, the air ambulance operators ranges from gives them a competitive advantage over
degree to which small entities can afford 1.80% percent to 1.87 percent. Thus, the small air ambulance operators.
the cost of the rule is predicated on the FAA expects that small air ambulance
availability of financial resources. Costs operators will not have trouble affording Alternatives
can be paid from existing assets such as this rule.
cash, by borrowing, through the Alternative One—This alternative
provision of additional equity capital, Competitiveness Analysis considers excluding the Helicopter
by accepting reduced profits, by raising For small air ambulance operators, the Terrain Awareness and Warning
prices, or by finding other ways of average ratio of annualized cost to Systems (HTAWS) unit from the
offsetting costs. estimated annual revenue ranges from rulemaking. Although this alternative
One means of assessing the 1.80 percent to 1.87 percent. For large would reduce the ratio of annualized
affordability is by determining the air ambulance operators, it ranges from compliance cost to annual revenue from
ability of each of the small entities to 0.90 percent to 1.94 percent. For 33 out a range of 1.80 percent to 1.87 percent
meet its short-term obligations by of the 38 large air ambulance operators, to a range of 1.61 percent to 1.68
looking at net income, working capital it ranges from 1.74 percent to 1.94 percent, there would also be a
significant reduction in safety.
ER21FE14.002</GPH>
and financial strength ratios. However, percent. The FAA expects that, based on
Conclusion—The HTAWS is a tool for significant alternatives to minimize the E. Unfunded Mandates Assessment
situational awareness and for helping rule’s burden on small entities. The
helicopter air ambulance pilots during FAA analyzed two alternatives to Title II of the Unfunded Mandates
night operations. This equipment minimize the burden on small entities. Reform Act of 1995 (Pub. L. 104–4)
enhances situational awareness in all We considered excluding the HTAWS requires each Federal agency to prepare
aspects of flying including day or night unit requirement from the final rule. a written statement assessing the effects
flight, and flight in instrument Next, we considered increasing the of any Federal mandate in a proposed or
meteorological conditions. The FAA number of helicopters required to trigger final agency rule that may result in an
believes that this equipment is a the OCC requirement to 15. The FAA, expenditure of $100 million or more (in
significant safety enhancement for all however, did not consider these to be 1995 dollars) in any one year by State,
aspects of helicopter operations. The acceptable alternatives due to the local, and tribal governments, in the
accident data shows that the HTAWS significant enhancement for safety that aggregate, or by the private sector; such
provision could have prevented many HTAWS provides to helicopter a mandate is deemed to be a ‘‘significant
air ambulance accidents if this operations. Therefore, the FAA did not regulatory action.’’ The FAA currently
equipment had been installed in the adopt this alternative. uses an inflation-adjusted value of
helicopter. Also, HTAWS is a $143.1 million in lieu of $100 million.
Congressional mandate under Public Conclusion
This final rule does not contain such a
Law 112–95. The Act requires the FAA This rule will have a significant mandate; therefore, the requirements of
to conduct rulemaking on helicopter air economic impact on a substantial Title II of the Act do not apply.
ambulance operations to address number of small air ambulance
‘‘safety-enhancing technology and F. Paperwork Reduction Act
operators. The FAA identified 35 small
equipment, including HTAWS. . . .’’ air ambulance operators on which the The Paperwork Reduction Act of 1995
Thus the FAA does not consider rule will have a significant economic (44 U.S.C. 3507(d)) requires that the
excluding this requirement to be an impact.
acceptable alternative in accordance FAA consider the impact of paperwork
with 5 U.S.C. § 603(d). D. International Trade Impact and other information collection
Alternative Two—This alternative Assessment burdens imposed on the public.
would affect the requirement for According to the 1995 amendments to
The Trade Agreements Act of 1979 the Paperwork Reduction Act (5 CFR
certificate holders engaged in helicopter
air ambulance operations to have an (Pub. L. 96–39), as amended by the 1320.8(b)(2)(vi)), an agency may not
OCC. The population affected would Uruguay Round Agreements Act (Pub. collect or sponsor the collection of
change from operators with 10 or more L. 103–465), prohibits Federal agencies information, nor may it impose an
helicopters to those with 15 or more. from establishing standards or engaging information collection requirement
Conclusion—The FAA believes that in related activities that create unless it displays a currently valid
operators with 10 or more helicopters unnecessary obstacles to the foreign Office of Management and Budget
engaged in air ambulance operations commerce of the United States. (OMB) control number.
comprise 83 percent of the total air Pursuant to these Acts, the
establishment of standards is not The final rule will impose the
ambulance fleet in the U.S. The FAA following new information collection
believes that changing the requirement considered an unnecessary obstacle to
the foreign commerce of the United requirements.
to apply to operators with 15 or more
helicopters would decrease the coverage States, so long as the standard has a Private Sector Costs
of the population to 78 percent. legitimate domestic objective, such the
Furthermore, the complexity of protection of safety, and does not (1) Require all rotorcraft used in part
operations considerably increases for operate in a manner that excludes 135 operations to be equipped with
operators of 10 or more helicopters. imports that meet this objective. The radio altimeters (§ 135.160). Certificate
Thus the FAA does not consider this to statute also requires consideration of holders may apply for a deviation from
be an acceptable alternative in international standards and, where the requirement for helicopters in which
accordance with 5 U.S.C. 603(d). appropriate, that they be the basis for a radio altimeter cannot physically be
U.S. standards. The FAA has assessed installed in the flight deck. Estimated
Minimizing the Burden on Small the potential effect of this final rule and number of applications for deviations
Entities determined the regulations will improve from on-demand helicopters = 94.
The Regulatory Flexibility Act safety, which is a legitimate domestic Estimated number of applications for air
requires agencies to consider the impact objective and therefore not an tour helicopters = 13. Time needed per
of their regulatory proposals on small unnecessary obstacle to foreign deviation application = 1 hour. Salary of
entities and to analyze one or more commerce. chief pilot = $79 per hour.
(2) Establish VFR ceiling and so would document the local flying area Air ambulance operators affected =
visibility requirements for helicopter air in a manner acceptable to the 50%.
ambulance operations conducted in administrator. We estimate that 50 Time needed to develop local flying
class G airspace (§ 135.609). These percent of the air ambulance operators area = 2 hours.
operators may designate local flying will designate local flying areas.
areas. Certificate holders electing to do Air ambulance operators = 73. Salary of chief pilot = $79 per hour.
(3) Require air ambulance operators to document the procedures for performing Air Ambulance operations per
document the highest obstacle along the this task in their operations manuals. helicopter = 367 per year.
planned route prior to a VFR flight Flight planning time = 5 minutes per
Air Ambulance Helicopters = 1,073–

(§ 135.615). Affected operators must 1,371. operation.
ER21FE14.003</GPH> ER21FE14.004</GPH>
Salary of pilot = $75 per hour.
(4) Require each certificate holder program documented in its operations Time for clerk to develop risk analysis
performing helicopter air ambulance manual (§ 135.617). worksheet and insert program into
operations to implement an FAA- Air ambulance operators = 73. operations manual = 30 hours.
approved pre-flight risk-analysis Time for chief pilot to develop risk Salary of chief pilot = $79 per hour.
analysis program = 30 hours. Salary of clerk = $25 per hour.
(5) Require pilots in command to Air Ambulance Helicopters = 1,073– Flight planning time = 10 minutes per
conduct a pre-flight risk analysis, 1,371. operation.
including completion of a risk analysis Air Ambulance operations per Salary of pilot = $75 per hour.
worksheet before a helicopter air helicopter = 367 per year.
ambulance operation (§ 135.617).
ER21FE14.005</GPH> ER21FE14.006</GPH>
(6) Require operations control completed and that the flight can be Air Ambulance operations per
specialists to participate in the pre-flight conducted safely (§ 135.619). helicopter = 367 per year.
risk analysis required by § 135.617, Air Ambulance Helicopters operated Time spent by OCS per pilot’s
including acknowledging in writing the by certificate holders with an OCC = worksheet = 5 minutes.
date and time the risk analysis was 895–1,144. Salary of operations control specialist
(OCS) = $42 per hour.
(7) Require certificate holders with 10 Operators that need to develop the Time for chief pilot to change manual
or more helicopter air ambulances to OCS training = 13. = 1 hour.
establish operational control centers and Operators that need to change their Time for clerk to change manual = 0.5
document operations control specialist manuals = 2.
Time for chief pilot to develop OCS hour.
duties and training in their operations
training = 60 hours. Salary of chief pilot = $79 per hour.
manuals. (§ 135.619).
Time for clerk to develop OCS Salary of clerk = $25 per hour.
training = 30 hours.
ER21FE14.007</GPH> ER21FE14.008</GPH>
(8) Require certificate holders that do given to operations control specialists Time per OCS training record = 5
not currently have operations control (§ 135.619). minutes.
centers but will be required to have Operations control specialists = 119– Salary of clerk = $25 per hour.
them to retain records of the training 152.
(9) Require certificate holders with operations control specialist training Time per OCS training record = 5
operations control centers to retain records (§ 135.619). minutes.
Operations control specialists = 369– Salary of clerk = $25 per hour.
472.
ER21FE14.009</GPH> ER21FE14.010</GPH>
(10) Require that medical personnel Affected air ambulance operators = Time for clerk to incorporate training
on board helicopter air ambulance 37. into operations manual = 10 hours.
flights receive either a supplemental Time for chief pilot to develop Salary of chief pilot = $79 per hour.
safety briefing or safety training in lieu training = 10 hours.
of a pre-flight briefing (§ 135.621). Salary of clerk = $25 per hour.
(11) Certificate holders choosing the persons receiving the training Time per medical personnel training
option to provide safety training would (§ 135.621). record = 5 minutes.
be required to retain training records for Medical personnel = 5,858. Training: every 24 calendar months.
Salary of clerk = $25 per hour.
ER21FE14.011</GPH> ER21FE14.012</GPH>
Note: certificate holders currently administer person to maintain the records would be
Operations control specialists would and maintain records for drug and negligible.
be subject to certificate holders’ drug alcohol testing for other employees
and alcohol testing programs (§§ 120.5, (approved under OMB Control Number Summary of All Burden Hours and
120.15). The FAA believes that, because 2120–0535), the cost for a clerical Costs
Cost to the Federal Government Applications for deviations from radio Salary of inspector at headquarters =
altimeter requirement = 107. $76 per hour.
(1) Radio altimeters for rotorcraft Time needed for review and
operations (§ 135.160). operations specification = 1.5 hour.
ER21FE14.013</GPH> ER21FE14.014</GPH>
(2) Local Flying Area (§ 135.609). Time needed to review request = 1 Salary of inspector at field office =
Air ambulance operators = 73. hour. $48 per hour.
Air ambulance operators affected =
50%.
(3) Review pre-flight risk analysis Air ambulance operators = 73. Salary of inspector at field office =
procedure and worksheet (§ 135.617). Time to review = 1 hour. $48 per hour.
ER21FE14.015</GPH> ER21FE14.016</GPH>
(4) OCS training/amendment to Operators = 15. Salary of inspector at field office =

existing manual (§ 135.619). Time to review OCS training = 1 hour. $48 per hour.
(5) Review Medical Personnel Air ambulance operators = 73. Salary of inspector at field office =
Training (§ 135.621). Time to review = 1 hour. $48 per hour.
ER21FE14.017</GPH> ER21FE14.018</GPH>
Summary of All Burden Hours and

Costs Over 10 Year Period
As required by the Paperwork overwater equipment requirements H. Environmental Analysis

Reduction Act of 1995 (44 U.S.C. based on performance class and FAA Order 1050.1E identifies FAA
3507(d)), the FAA has submitted these distance from land based on time at actions that are categorically excluded
information collection amendments to normal cruise speed. The FAA did not from preparation of an environmental
OMB for its review. Notice of OMB adopt this requirement but instead bases assessment or environmental impact
approval for this information collection the rule on existing FAA helicopter statement under the National
will be published in a future Federal performance criteria and distances from Environmental Policy Act in the
Register document. shore. absence of extraordinary circumstances.
G. International Compatibility and Executive Order 13609, Promoting The FAA has determined this
Cooperation International Regulatory Cooperation, rulemaking action qualifies for the
promotes international regulatory categorical exclusion identified in
In keeping with U.S. obligations paragraph 312f. Additionally, the FAA
under the Convention on International cooperation to meet shared challenges
involving health, safety, labor, security, reviewed paragraph 304 of Order
Civil Aviation, it is FAA policy to 1050.1E and determined that this
conform to ICAO Standards and environmental, and other issues and to
rulemaking involves no extraordinary
Recommended Practices to the reduce, eliminate, or prevent
circumstances.
unnecessary differences in regulatory
maximum extent practicable. The FAA

has reviewed the corresponding ICAO requirements. The FAA has analyzed I. Regulations Affecting Intrastate
ER21FE14.019</GPH> ER21FE14.020</GPH>
Standards and Recommended Practices this action under the policies and Aviation in Alaska
and has identified the following agency responsibilities of Executive Section 1205 of the FAA
differences. Order 13609, and has determined that Reauthorization Act of 1996 (110 Stat.
ICAO Annex 6 Part III, Section II, this action would have no effect on 3213) requires the FAA, when
Chapter 4 sets standards for helicopter international regulatory cooperation. modifying its regulations in a manner
affecting intrastate aviation in Alaska, to Significantly Affect Energy Supply, preamble. To find out more about
consider the extent to which Alaska is Distribution, or Use (May 18, 2001). The SBREFA on the Internet, visit http://
not served by transportation modes agency has determined that it is not a www.faa.gov/regulations_policies/
other than aviation, and to establish ‘‘significant energy action’’ under the rulemaking/sbre_act/.
appropriate regulatory distinctions. In executive order and it is not likely to
List of Subjects
the NPRM, the FAA requested have a significant adverse effect on the
comments on whether the proposed rule supply, distribution, or use of energy. 14 CFR Part 91
should apply differently to intrastate
VI. How To Obtain Additional Aircraft, Airmen, Aviation safety,
operations in Alaska.
The agency received comments Information Reporting and recordkeeping
pertaining to this rule’s application in A. Rulemaking Documents requirements.
Alaska which are discussed in sections An electronic copy of a rulemaking 14 CFR Part 120
III.C.1 (the radio altimeter requirement) document may be obtained by using the
and III.C.3 (pilot testing on recovery Airmen, Alcohol abuse, Alcoholism,
Internet— Alcohol testing, Aviation safety, Drug
from inadvertent flight into IMC, flat- 1. Search the Federal eRulemaking
light, whiteout, and brownout abuse, Drug testing, Operators,
Portal (http://www.regulations.gov); Reporting and recordkeeping
conditions) of this final rule document. 2. Visit the FAA’s Regulations and
To the requirement for a radio altimeter, requirements, Safety, Safety-sensitive,
Policies Web page at http:// Transportation.
NorthStar Trekking commented that this www.faa.gov/regulations_policies/ or
equipment can give erroneous readings 3. Access the Government Printing 14 CFR Part 135
on snow-covered surfaces. In response, Office’s Web page at http://
as discussed in III.C.1, the FAA has Air taxis, Aircraft, Airmen, Aviation
www.gpo.gov/fdsys.
determined that the safety benefits of Copies may also be obtained by safety, Incorporation by reference,
this equipment outweigh the possibility sending a request (identified by notice, Reporting and recordkeeping
of infrequent inaccurate readings. In amendment, or docket number of this requirements.
response to the comment about pilot rulemaking) to the Federal Aviation The Amendment
testing, the FAA reiterates that pilots Administration, Office of Rulemaking,
will benefit from demonstrating ARM–1, 800 Independence Avenue In consideration of the foregoing, the
knowledge of procedures for aircraft SW., Washington, DC 20591, or by Federal Aviation Administration
handling in all three conditions, calling (202) 267–9680. amends chapter I of title 14, Code of
because these conditions may occur Federal Regulations, as follows:
year-round in many places. As a result, B. Comments Submitted to the Docket
the agency has determined that there is Comments received may be viewed by PART 91—GENERAL OPERATING AND
no need to make any regulatory going to http://www.regulations.gov and FLIGHT RULES
distinctions applicable to intrastate following the online instructions to
aviation in Alaska. ■ 1. Revise the authority citation for part
search the docket number for this
91 to read as follows:
V. Executive Order Determinations action. Anyone is able to search the
electronic form of all comments Authority: 49 U.S.C. 106(f), 106(g), 1155,
A. Executive Order 13132, Federalism received into any of the FAA’s dockets 40103, 40113, 40120, 44101, 44111, 44701,
by the name of the individual 44704, 44709, 44711, 44712, 44715, 44716,
The FAA has analyzed this final rule 44717, 44722, 46306, 46315, 46316, 46504,
under the principles and criteria of submitting the comment (or signing the 46506–46507, 47122, 47508, 47528–47531,
Executive Order 13132, Federalism. The comment, if submitted on behalf of an articles 12 and 29 of the Convention on
agency determined that this action will association, business, labor union, etc.). International Civil Aviation (61 Stat. 1180).
not have a substantial direct effect on C. Small Business Regulatory
the States, or the relationship between ■ 2. Amend § 91.155 by revising
Enforcement Fairness Act paragraphs (a) and (b)(1) to read as
the Federal Government and the States,
or on the distribution of power and The Small Business Regulatory follows:
responsibilities among the various Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with § 91.155 Basic VFR weather minimums.
levels of government, and, therefore,
does not have Federalism implications. small entity requests for information or (a) Except as provided in paragraph
advice about compliance with statutes (b) of this section and § 91.157, no
B. Executive Order 13211, Regulations and regulations within its jurisdiction. person may operate an aircraft under
That Significantly Affect Energy Supply, A small entity with questions regarding VFR when the flight visibility is less, or
Distribution, or Use this document, may contact its local at a distance from clouds that is less,
The FAA analyzed this final rule FAA official, or the person listed under than that prescribed for the
under Executive Order 13211, Actions the FOR FURTHER INFORMATION CONTACT corresponding altitude and class of
Concerning Regulations that heading at the beginning of the airspace in the following table:
Airspace Flight visibility Distance from clouds
Class A .................................................................................................... Not Applicable ............................... Not Applicable.

Class B .................................................................................................... 3 statute miles ............................... Clear of Clouds.
Class C .................................................................................................... 3 statute miles ............................... 500 feet below.

........................................................ 1,000 feet above.
........................................................ 2,000 feet horizontal.
Class D .................................................................................................... 3 statute miles ............................... 500 feet below.
........................................................ 1,000 feet above.
........................................................ 2,000 feet horizontal.
Class E:
Less than 10,000 feet MSL .............................................................. 3 statute miles ............................... 500 feet below.
Airspace Flight visibility Distance from clouds
........................................................ 1,000 feet above.

........................................................ 2,000 feet horizontal.
At or above 10,000 feet MSL ........................................................... 5 statute miles ............................... 1,000 feet below.
........................................................ 1,000 feet above.
........................................................ 1 statute mile horizontal.
Class G:
1,200 feet or less above the surface (regardless of MSL altitude)
For aircraft other than helicopters:
Day, except as provided in § 91.155(b) ........................................... 1 statute mile ................................. Clear of clouds.
Night, except as provided in § 91.155(b) ......................................... 3 statute miles ............................... 500 feet below.
........................................................ 1,000 feet above.
........................................................ 2,000 feet horizontal.
For helicopters:
Day, except as provided in § 91.155(b) ........................................... 1⁄2 statute mile ............................... Clear of clouds.
Night, except as provided in § 91.155(b) ......................................... 1 statute mile ................................. Clear of clouds.
More than 1,200 feet above the surface but less than 10,000 feet
MSL
Day ............................................................................................ 1 statute mile ................................. 500 feet below.
........................................................ 1,000 feet above.
........................................................ 2,000 feet horizontal.
Night .......................................................................................... 3 statute miles ............................... 500 feet below.
........................................................ 1,000 feet above.
........................................................ 2,000 feet horizontal.
More than 1,200 feet above the surface and at or above 10,000 5 statute miles ............................... 1,000 feet below.
feet MSL.
........................................................ 1,000 feet above.
........................................................ 1 statute mile horizontal.
(b) * * * PART 135—OPERATING § 135.160 Radio altimeters for rotorcraft

REQUIREMENTS: COMMUTER AND operations.
(1) Helicopter. A helicopter may be
operated clear of clouds in an airport ON DEMAND OPERATIONS AND (a) After April 24, 2017, no person
traffic pattern within 1⁄2 mile of the RULES GOVERNING PERSONS ON may operate a rotorcraft unless that
runway or helipad of intended landing BOARD SUCH AIRCRAFT rotorcraft is equipped with an operable
if the flight visibility is not less than 1⁄2 FAA-approved radio altimeter, or an
■ 6. The authority citation for part 135 FAA-approved device that incorporates
statute mile.
is revised to read as follows: a radio altimeter, unless otherwise
* * * * * authorized in the certificate holder’s
Authority: 49 U.S.C. 106(f), 106(g), 41706,
40113, 44701–44702, 44705, 44709, 44711– approved minimum equipment list.
PART 120—DRUG AND ALCOHOL
44713, 44715–44717, 44722, 44730, 45101– (b) Deviation authority. The
TESTING PROGRAM 45105; Pub. L. 112–95, 126 Stat. 58 (49 U.S.C. Administrator may authorize deviations
44730). from paragraph (a) of this section for
■ 3. The authority citation for part 120 rotorcraft that are unable to incorporate
continues to read as follows: ■ 7. Amend § 135.1 by adding paragraph
(a)(9) to read as follows: a radio altimeter. This deviation will be
Authority: 49 U.S.C. 106(f), 106(g), 40101– issued as a Letter of Deviation
40103, 40113, 40120, 41706, 41721, 44106, § 135.1 Applicability. Authority. The deviation may be
44701, 44702, 44703, 44709, 44710, 44711, (a) * * * terminated or amended at any time by
45101–45105, 46105, 46306. (9) Helicopter air ambulance the Administrator. The request for
operations as defined in § 135.601(b)(1). deviation authority is applicable to
■ 4. Amend § 120.105 by adding rotorcraft with a maximum gross takeoff
paragraph (i) to read as follows: * * * * *
weight no greater than 2,950 pounds.
■ 8. Amend § 135.117 by adding The request for deviation authority must
§ 120.105 Employees who must be tested.
paragraph (a)(9) to read as follows: contain a complete statement of the
* * * * * circumstances and justification, and
§ 135.117 Briefing of passengers before
(i) Operations control specialist flight. must be submitted to the nearest Flight
duties. Standards District Office, not less than
(a) * * * 60 days prior to the date of intended
■ 5. Amend § 120.215 by adding (9) If a rotorcraft operation involves operations.
paragraph (a)(9) to read as follows: flight beyond autorotational distance
■ 10. Add § 135.168 to read as follows:
from the shoreline, as defined in
§ 120.215 Covered employees.
§ 135.168(a), use of life preservers, § 135.168 Emergency equipment:
(a) * * * ditching procedures and emergency exit Overwater rotorcraft operations.
(9) Operations control specialist from the rotorcraft in the event of a (a) Definitions. For the purposes of
duties. ditching; and the location and use of life this section, the following definitions
rafts and other life preserver devices if apply—
* * * * * applicable.
Autorotational distance refers to the
* * * * * distance a rotorcraft can travel in
■ 9. Add § 135.160 to read as follows: autorotation as described by the
manufacturer in the approved Rotorcraft maintained in accordance with (MOPS) 406 MHz Emergency Locator
Flight Manual. § 135.419. Transmitters (ELTs), Sept. 29, 1989, and
Shoreline means that area of the land (d) ELT standards. The ELT required (ii) RTCA DO–204A, Minimum
adjacent to the water of an ocean, sea, by paragraph (b)(2) of this section must Operational Performance Standards
lake, pond, river, or tidal basin that is meet the requirements in: (MOPS) 406 MHz Emergency Locator
above the high-water mark at which a (1) TSO–C126, TSO–C126a, or TSO– Transmitters (ELT), Dec. 6, 2007.
rotorcraft could be landed safely. This C126b; and ■ 11. Revise § 135.221 to read as
does not include land areas which are (2) Section 2 of either RTCA DO–204 follows:
unsuitable for landing such as vertical or RTCA DO–204A, as specified by the
cliffs or land intermittently under water. TSO complied with in paragraph (d)(1) § 135.221 IFR: Alternate airport weather
(b) Required equipment. After April minimums.
of this section.
24, 2017, except as provided for in (e) ELT alternative compliance. (a) Aircraft other than rotorcraft. No
paragraph (c), when authorized by the Operators with an ELT required by person may designate an alternate
certificate holder’s operations paragraph (b)(2) of this section, or an airport unless the weather reports or
specifications, or when necessary only ELT with an approved deviation under forecasts, or any combination of them,
for takeoff or landing, no person may § 21.618 of this chapter, are in indicate that the weather conditions
operate a rotorcraft beyond compliance with this section. will be at or above authorized alternate
autorotational distance from the (f) Incorporation by reference. The airport landing minimums for that
shoreline unless it carries: standards required in this section are airport at the estimated time of arrival.
(1) An approved life preserver (b) Rotorcraft. Unless otherwise
incorporated by reference into this
equipped with an approved survivor authorized by the Administrator, no
section with the approval of the Director
locator light for each occupant of the person may include an alternate airport
of the Federal Register under 5 U.S.C.
rotorcraft. The life preserver must be in an IFR flight plan unless appropriate
552(a) and 1 CFR part 51. To enforce
worn by each occupant while the weather reports or weather forecasts, or
any edition other than that specified in
rotorcraft is beyond autorotational a combination of them, indicate that, at
distance from the shoreline, except for this section, the FAA must publish
notice of change in the Federal Register the estimated time of arrival at the
a patient transported during a helicopter alternate airport, the ceiling and
air ambulance operation, as defined in and the material must be available to the
public. All approved material is visibility at that airport will be at or
§ 135.601(b)(1), when wearing a life above the following weather
preserver would be inadvisable for available for inspection at the FAA’s
Office of Rulemaking (ARM–1), 800 minimums—
medical reasons; and (1) If, for the alternate airport, an
(2) An approved and installed 406 Independence Avenue SW.,
Washington, DC 20591 (telephone (202) instrument approach procedure has
MHz emergency locator transmitter been published in part 97 of this chapter
(ELT) with 121.5 MHz homing 267–9677) and from the sources
indicated below. It is also available for or a special instrument approach
capability. Batteries used in ELTs must procedure has been issued by the FAA
be maintained in accordance with the inspection at the National Archives and
Records Administration (NARA). For to the certificate holder, the ceiling is
following— 200 feet above the minimum for the
(i) Non-rechargeable batteries must be information on the availability of this
material at NARA, call (202) 741–6030 approach to be flown, and visibility is
replaced when the transmitter has been at least 1 statute mile but never less than
in use for more than 1 cumulative hour or go to http://www.archives.gov/
federal_register/code_of_federal_ the minimum visibility for the approach
or when 50% of their useful lives have to be flown.
expired, as established by the regulations/ibr_locations.html.
(2) If, for the alternate airport, no
transmitter manufacturer under its (1) U.S. Department of Transportation,
instrument approach procedure has
approval. The new expiration date for Subsequent Distribution Office, DOT
been published in part 97 of this chapter
replacing the batteries must be legibly Warehouse M30, Ardmore East Business
and no special instrument approach
marked on the outside of the Center, 3341 Q 75th Avenue, Landover,
procedure has been issued by the FAA
transmitter. The battery useful life MD 20785; telephone (301) 322–5377.
to the certificate holder, the ceiling and
requirements of this paragraph (b)(2) do Copies are also available on the FAA’s
visibility minimums are those allowing
not apply to batteries (such as water- Web site. Use the following link and
descent from the minimum enroute
activated batteries) that are essentially type the TSO number in the search box:
altitude (MEA), approach, and landing
unaffected during probable storage http://www.airweb.faa.gov/Regulatory_
under basic VFR.
intervals; or and_Guidance_Library/rgTSO.nsf/
Frameset?OpenPage. ■ 12. Amend § 135.293 by—
(ii) Rechargeable batteries used in the
(i) TSO–C126, 406 MHz Emergency ■ a. Removing the word ‘‘and’’ from the
transmitter must be recharged when the
Locator Transmitter (ELT), Dec. 23, end of paragraph (a)(7)(iii);
transmitter has been in use for more
■ b. Removing the period and adding ‘‘;
than 1 cumulative hour or when 50% of 1992,
(ii) TSO–C126a, 406 MHz Emergency and’’ in its place at the end of paragraph
their useful-life-of-charge has expired,
Locator Transmitter (ELT), Dec. 17, (a)(8);
as established by the transmitter ■ c. Adding paragraph (a)(9);
manufacturer under its approval. The 2008, and
■ d. Redesignating paragraphs (c)
new expiration date for recharging the (iii) TSO–C126b, 406 MHz Emergency
through (f) as paragraphs (d) through (g)
batteries must be legibly marked on the Locator Transmitter (ELT), Nov. 26,
respectively; and
outside of the transmitter. The battery 2012.
■ e. Adding new paragraph (c).
useful-life-of-charge requirements of (2) RTCA, Inc., 1150 18th Street NW., The additions read as follows:
this paragraph (b)(2) do not apply to Suite 910, Washington, DC 20036,
batteries (such as water-activated telephone (202) 833–9339, and are also § 135.293 Initial and recurrent pilot testing
batteries) that are essentially unaffected available on RTCA’s Web site at http:// requirements.
during probable storage intervals. www.rtca.org/onlinecart/index.cfm. (a) * * *
(c) Maintenance. The equipment (i) RTCA DO–204, Minimum (9) After the next scheduled
required by this section must be Operational Performance Standards competency check after April 22, 2014
for rotorcraft pilots, procedures for certificate holder authorized by the To enforce any edition other than that
aircraft handling in flat-light, whiteout, Administrator to conduct helicopter air specified in this section, the FAA must
and brownout conditions, including ambulance operations. A helicopter air publish notice of change in the Federal
methods for recognizing and avoiding ambulance operation includes, but is Register and the material must be
those conditions. not limited to— available to the public. All approved
* * * * * (i) Flights conducted to position the material is available for inspection at
(c) Each competency check given in a helicopter at the site at which a patient the FAA’s Office of Rulemaking (ARM–
rotorcraft must include a demonstration or donor organ will be picked up. 1), 800 Independence Avenue SW.,
of the pilot’s ability to maneuver the (ii) Flights conducted to reposition Washington, DC 20591 (telephone (202)
rotorcraft solely by reference to the helicopter after completing the 267–9677) and from the sources
instruments. The check must determine patient, or donor organ transport. indicated below. It is also available for
the pilot’s ability to safely maneuver the (iii) Flights initiated for the transport inspection at the National Archives and
rotorcraft into visual meteorological of a patient or donor organ that are Records Administration (NARA). For
conditions following an inadvertent terminated due to weather or other information on the availability of this
encounter with instrument reasons. material at NARA, call (202) 741–6030
meteorological conditions. For (2) Medical personnel means a person or go to http://www.archives.gov/
competency checks in non-IFR-certified or persons with medical training, federal_register/
rotorcraft, the pilot must perform such including but not limited to flight code_of_federal_regulations/
maneuvers as are appropriate to the physicians, flight nurses, or flight ibr_locations.html.
rotorcraft’s installed equipment, the paramedics, who are carried aboard a (1) U.S. Department of Transportation,
certificate holder’s operations helicopter during helicopter air Subsequent Distribution Office, DOT
specifications, and the operating ambulance operations in order to Warehouse M30, Ardmore East Business
environment. provide medical care. Center, 3341 Q 75th Avenue, Landover,
* * * * * (3) Mountainous means designated MD 20785; telephone (301) 322–5377.
mountainous areas as listed in part 95 Copies are also available on the FAA’s
§ 135.297 [Amended] of this chapter. Web site. Use the following link and
■ 13. Amend § 135.297 by removing the (4) Nonmountainous means areas type the TSO number in the search box:
reference to ‘‘§ 135.293(d)’’ and adding other than mountainous areas as listed http://rgl.faa.gov/
‘‘§ 135.293(e)’’ in its place in the last in part 95 of this chapter. Regulatory_and_Guidance_Library/
sentence of paragraph (c) introductory rgTSO.nsf/Frameset?OpenPage.
§ 135.603 Pilot-in-command instrument
text. qualifications.
(i) TSO C–194, Helicopter Terrain
■ 14. Add subpart L to part 135 to read
Awareness and Warning System
After April 24, 2017, no certificate (HTAWS), Dec. 17, 2008.
as follows: holder may use, nor may any person (ii) [Reserved]
Subpart L—Helicopter Air Ambulance serve as, a pilot in command of a (2) RTCA, Inc., 1150 18th Street NW.,
Equipment, Operations, and Training helicopter air ambulance operation Suite 910, Washington, DC 20036,
Requirements unless that person meets the telephone (202) 833–9339, and are also
Sec. requirements of § 135.243 and holds a available on RTCA’s Web site at http://
135.601 Applicability and definitions. helicopter instrument rating or an www.rtca.org/onlinecart/index.cfm.
135.603 Pilot-in-command instrument airline transport pilot certificate with a (i) RTCA DO–309, Minimum
qualifications. category and class rating for that
135.605 Helicopter terrain awareness and Operational Performance Standards
aircraft, that is not limited to VFR. (MOPS) for Helicopter Terrain
warning system (HTAWS).
135.607 Flight Data Monitoring System. § 135.605 Helicopter terrain awareness Awareness and Warning System
135.609 VFR ceiling and visibility and warning system (HTAWS). (HTAWS) Airborne Equipment, Mar. 13,
requirements for Class G airspace. 2008.
135.611 IFR operations at locations without (a) After April 24, 2017, no person
may operate a helicopter in helicopter (ii) [Reserved]
weather reporting.
135.613 Approach/departure IFR air ambulance operations unless that § 135.607 Flight Data Monitoring System.
transitions. helicopter is equipped with a helicopter After April 23, 2018, no person may
135.615 VFR flight planning. terrain awareness and warning system operate a helicopter in air ambulance
135.617 Pre-flight risk analysis. (HTAWS) that meets the requirements
135.619 Operations control centers. operations unless it is equipped with an
in TSO–C194 and Section 2 of RTCA approved flight data monitoring system
135.621 Briefing of medical personnel. DO–309. capable of recording flight performance
Subpart L—Helicopter Air Ambulance (b) The certificate holder’s Rotorcraft data. This system must:
Equipment, Operations, and Training Flight Manual must contain appropriate (a) Receive electrical power from the
Requirements procedures for— bus that provides the maximum
(1) The use of the HTAWS; and reliability for operation without
§ 135.601 Applicability and definitions. (2) Proper flight crew response to jeopardizing service to essential or
(a) Applicability. This subpart HTAWS audio and visual warnings. emergency loads, and
prescribes the requirements applicable (c) Certificate holders with HTAWS (b) Be operated from the application
to each certificate holder conducting required by this section with an of electrical power before takeoff until
helicopter air ambulance operations. approved deviation under § 21.618 of the removal of electrical power after
(b) Definitions. For purposes of this this chapter are in compliance with this termination of flight.
subpart, the following definitions apply: section.
(1) Helicopter air ambulance (d) The standards required in this § 135.609 VFR ceiling and visibility
operation means a flight, or sequence of section are incorporated by reference requirements for Class G airspace.
flights, with a patient or medical into this section with the approval of (a) Unless otherwise specified in the
personnel on board, for the purpose of the Director of the Federal Register certificate holder’s operations
medical transportation, by a part 135 under 5 U.S.C. 552(a) and 1 CFR part 51. specifications, when conducting
helicopter air ambulance operations in Class G airspace, the weather minimums

in the following table apply:
(b) A certificate holder may designate available, the certificate holder may § 135.613 Approach/departure IFR
local flying areas in a manner acceptable obtain the area forecast from the NWS, transitions.
to the Administrator, that must— a source approved by the NWS, or a (a) Approaches. When conducting an
(1) Not exceed 50 nautical miles in source approved by the FAA, for authorized instrument approach and
any direction from each designated information regarding the weather transitioning from IFR to VFR flight,
location; observed in the vicinity of the airport; upon transitioning to VFR flight the
(2) Take into account obstacles and following weather minimums apply—
(2) Flight planning for IFR flights
terrain features that are easily (1) For Point-in-Space (PinS) Copter
conducted under this paragraph must
identifiable by the pilot in command Instrument approaches annotated with a
include selection of an alternate airport
and from which the pilot in command ‘‘Proceed VFR’’ segment, if the distance
may visually determine a position; and that meets the requirements of from the missed approach point to the
(3) Take into account the operating §§ 135.221 and 135.223; landing area is 1 NM or less, flight
environment and capabilities of the (3) In Class G airspace, IFR departures visibility must be at least 1 statute mile
certificate holder’s helicopters. are authorized only after the pilot in and the ceiling on the approach chart
(c) A pilot must demonstrate a level command determines that the weather applies;
of familiarity with the local flying area conditions at the departure point are at (2) For all instrument approaches,
by passing an examination given by the or above VFR minimums in accordance including PinS when paragraph (a)(1) of
certificate holder within the 12 calendar with § 135.609; and this section does not apply, if the
months prior to using the local flying (4) All approaches must be conducted distance from the missed approach
area. at Category A approach speeds as point to the landing area is 3 NM or less,
established in part 97 or those required the applicable VFR weather minimums
§ 135.611 IFR operations at locations
without weather reporting. for the type of approach being used. are—
(i) For Day Operations: No less than
(a) If a certificate holder is authorized (b) Each helicopter air ambulance a 600-foot ceiling and 2 statute miles
to conduct helicopter IFR operations, operated under this section must be flight visibility;
the Administrator may authorize the equipped with functioning severe (ii) For Night Operations: No less than
certificate holder to conduct IFR weather detection equipment. a 600-foot ceiling and 3 statute miles
helicopter air ambulance operations at flight visibility; or
(c) Pilots conducting operations
airports with an instrument approach (3) For all instrument approaches,
pursuant to this section may use the
procedure and at which a weather including PinS, if the distance from the
weather information obtained in
report is not available from the U.S. missed approach point to the landing
paragraph (a) to satisfy the weather
National Weather Service (NWS), a area is greater than 3 NM, the VFR
source approved by the NWS, or a report and forecast requirements of
§ 135.213 and § 135.225(a). weather minimums required by the
source approved by the FAA, subject to class of airspace.
the following limitations: (d) After completing a landing at the (b) Departures. For transitions from
(1) The certificate holder must obtain airport at which a weather report is not VFR to IFR upon departure—
a weather report from a weather available, the pilot in command is (1) The VFR weather minimums of
reporting facility operated by the NWS, authorized to determine if the weather paragraph (a) of this section apply if—
a source approved by the NWS, or a meets the takeoff requirements of part (i) An FAA-approved obstacle
source approved by the FAA, that is 97 of this chapter or the certificate departure procedure is followed; and
located within 15 nautical miles of the holder’s operations specification, as (ii) An IFR clearance is obtained on or
ER21FE14.021</GPH>
airport. If a weather report is not applicable. before reaching a predetermined
location that is not more than 3 NM (4) A procedure for determining (b) Operations control center staffing.
from the departure location. whether another helicopter air Each certificate holder conducting
(2) If the departure does not meet the ambulance operator has refused or helicopter air ambulance operations
requirements of paragraph (b)(1) of this rejected a flight request; and must provide enough operations control
section, the VFR weather minimums (5) Strategies and procedures for specialists at each operations control
required by the class of airspace apply. mitigating identified risks, including center to ensure the certificate holder
procedures for obtaining and maintains operational control of each
§ 135.615 VFR flight planning. documenting approval of the certificate flight.
(a) Pre-flight. Prior to conducting VFR holder’s management personnel to (c) Documentation of duties and
operations, the pilot in command release a flight when a risk exceeds a responsibilities. Each certificate holder
must— level predetermined by the certificate must describe in its operations manual
(1) Determine the minimum safe holder. the duties and responsibilities of
cruise altitude by evaluating the terrain (b) Each certificate holder must operations control specialists, including
and obstacles along the planned route of develop a preflight risk analysis preflight risk mitigation strategies and
flight; worksheet to include, at a minimum, the control measures, shift change checklist,
(2) Identify and document the highest items in paragraph (a) of this section. and training and testing procedures to
obstacle along the planned route of (c) Prior to the first leg of each hold the position, including procedures
flight; and helicopter air ambulance operation, the for retesting.
(3) Using the minimum safe cruise pilot in command must conduct a (d) Training requirements. No
altitudes in paragraphs (b)(1)–(2) of this preflight risk analysis and complete the certificate holder may use, nor may any
section, determine the minimum preflight risk analysis worksheet in person perform the duties of, an
required ceiling and visibility to accordance with the certificate holder’s operations control specialist unless the
conduct the planned flight by applying FAA-approved procedures. The pilot in operations control specialist has
the weather minimums appropriate to command must sign the preflight risk satisfactorily completed the training
the class of airspace for the planned analysis worksheet and specify the date requirements of this paragraph.
flight. and time it was completed. (1) Initial training. Before performing
(b) Enroute. While conducting VFR (d) The certificate holder must retain the duties of an operations control
operations, the pilot in command must the original or a copy of each completed specialist, each person must
ensure that all terrain and obstacles preflight risk analysis worksheet at a satisfactorily complete the certificate
along the route of flight are cleared location specified in its operations holder’s FAA-approved operations
vertically by no less than the following: manual for at least 90 days from the date control specialist initial training
(1) 300 feet for day operations. of the operation. program and pass an FAA-approved
(2) 500 feet for night operations. knowledge and practical test given by
(c) Rerouting the planned flight path. § 135.619 Operations control centers. the certificate holder. Initial training
A pilot in command may deviate from (a) Operations control center. After must include a minimum of 80 hours of
the planned flight path for reasons such April 22, 2016, certificate holders training on the topics listed in
as weather conditions or operational authorized to conduct helicopter air paragraph (f) of this section. A
considerations. Such deviations do not ambulance operations, with 10 or more certificate holder may reduce the
relieve the pilot in command of the helicopter air ambulances assigned to number of hours of initial training to a
weather requirements or the the certificate holder’s operations minimum of 40 hours for persons who
requirements for terrain and obstacle specifications, must have an operations have obtained, at the time of beginning
clearance contained in this part and in control center. The operations control initial training, a total of at least 2 years
part 91 of this chapter. Rerouting, center must be staffed by operations of experience during the last 5 years in
change in destination, or other changes control specialists who, at a minimum— any one or in any combination of the
to the planned flight that occur while (1) Provide two-way communications following areas—
the helicopter is on the ground at an with pilots; (i) In military aircraft operations as a
intermediate stop require evaluation of (2) Provide pilots with weather pilot, flight navigator, or meteorologist;
the new route in accordance with briefings, to include current and (ii) In air carrier operations as a pilot,
paragraph (a) of this section. forecasted weather along the planned flight engineer, certified aircraft
(d) Operations manual. Each route of flight; dispatcher, or meteorologist; or
certificate holder must document its (3) Monitor the progress of the flight; (iii) In aircraft operations as an air
VFR flight planning procedures in its and traffic controller or a flight service
operations manual. (4) Participate in the preflight risk specialist.
analysis required under § 135.617 to (2) Recurrent training. Every 12
§ 135.617 Pre-flight risk analysis. include the following: months after satisfactory completion of
(a) Each certificate holder conducting (i) Ensure the pilot has completed all the initial training, each operations
helicopter air ambulance operations required items on the preflight risk control specialist must complete a
must establish, and document in its analysis worksheet; minimum of 40 hours of recurrent
operations manual, an FAA-approved (ii) Confirm and verify all entries on training on the topics listed in
preflight risk analysis that includes at the preflight risk analysis worksheet; paragraph (f) of this section and pass an
least the following— (iii) Assist the pilot in mitigating any FAA-approved knowledge and practical
(1) Flight considerations, to include identified risk prior to takeoff; and test given by the certificate holder on
obstacles and terrain along the planned (iv) Acknowledge in writing, those topics.
route of flight, landing zone conditions, specifying the date and time, that the (e) Training records. The certificate
and fuel requirements; preflight risk analysis worksheet has holder must maintain a training record
(2) Human factors, such as crew been accurately completed and that, for each operations control specialist
fatigue, life events, and other stressors; according to their professional employed by the certificate holder for
(3) Weather, including departure, en judgment, the flight can be conducted the duration of that individual’s
route, destination, and forecasted; safely. employment and for 90 days thereafter.
The training record must include a (iv) Company general operations duty in 24 consecutive hours, the
chronological log for each training policies; certificate holder must provide that
course, including the number of training (v) Enhanced operational control person a rest period of at least 8 hours
hours and the examination dates and policies; at or before the end of 10 hours of duty;
results. (vi) Aeronautical decision making and (iii) If an operations control specialist
(f) Training topics. Each certificate risk management; is on duty for more than 10 consecutive
holder must have an FAA-approved (vii) Lost aircraft procedures; and hours, the certificate holder must
operations control specialist training (viii) Emergency and search and provide that person a rest period of at
program that covers at least the rescue procedures, including plotting least 8 hours before that person’s next
following topics— coordinates in degrees, minutes, duty period;
(1) Aviation weather, including: seconds format, and degrees, decimal (iv) Each operations control specialist
(i) General meteorology; minutes format; must be relieved of all duty with the
(ii) Prevailing weather; (9) Crew resource management, certificate holder for at least 24
(iii) Adverse and deteriorating including: consecutive hours during any 7
weather; (i) Concepts and practical application; consecutive days.
(iv) Windshear; (ii) Risk management and risk (h) Drug and alcohol testing.
(v) Icing conditions; mitigation; and Operations control specialists must be
(vi) Use of aviation weather products; (iii) Pre-flight risk analysis procedures tested for drugs and alcohol according
(vii) Available sources of information; required under § 135.617; to the certificate holder’s Drug and
and (10) Local flying area orientation, Alcohol Testing Program administered
(viii) Weather minimums; including: under part 120 of this chapter.
(2) Navigation, including: (i) Terrain features;
(i) Navigation aids; (ii) Obstructions; § 135.621 Briefing of medical personnel.
(ii) Instrument approach procedures; (iii) Weather phenomena for local (a) Except as provided in paragraph
(iii) Navigational publications; and area; (b) of this section, prior to each
(iv) Navigation techniques; (iv) Airspace and air traffic control
(3) Flight monitoring, including: helicopter air ambulance operation,
facilities; each pilot in command, or other flight
(i) Available flight-monitoring (v) Heliports, airports, landing zones,
procedures; and crewmember designated by the
and fuel facilities; certificate holder, must ensure that all
(ii) Alternate flight-monitoring (vi) Instrument approaches;
procedures; medical personnel have been briefed on
(vii) Predominant air traffic flow;
(4) Air traffic control, including: the following—
(viii) Landmarks and cultural features,
(i) Airspace; including areas prone to flat-light, (1) Passenger briefing requirements in
(ii) Air traffic control procedures; whiteout, and brownout conditions; and § 135.117(a) and (b); and
(iii) Aeronautical charts; and (ix) Local aviation and safety (2) Physiological aspects of flight;
(iv) Aeronautical data sources; resources and contact information; and (3) Patient loading and unloading;
(5) Aviation communication, (11) Any other requirements as (4) Safety in and around the
including: determined by the Administrator to helicopter;
(i) Available aircraft communications ensure safe operations. (5) In-flight emergency procedures;
systems; (g) Operations control specialist duty (6) Emergency landing procedures;
(ii) Normal communication time limitations. (1) Each certificate (7) Emergency evacuation procedures;
procedures; holder must establish the daily duty (8) Efficient and safe communications
(iii) Abnormal communication period for an operations control with the pilot; and
procedures; and specialist so that it begins at a time that (9) Operational differences between
(iv) Emergency communication allows that person to become day and night operations, if appropriate.
procedures; thoroughly familiar with operational (b) The briefing required in
(6) Aircraft systems, including: paragraphs (a)(2) through (9) of this
considerations, including existing and
(i) Communications systems; section may be omitted if all medical
anticipated weather conditions in the
(ii) Navigation systems; personnel on board have satisfactorily
(iii) Surveillance systems; area of operations, helicopter operations
in progress, and helicopter maintenance completed the certificate holder’s FAA-
(iv) Fueling systems; approved medical personnel training
(v) Specialized systems; status, before performing duties
associated with any helicopter air program within the preceding 24
(vi) General maintenance
ambulance operation. The operations calendar months. Each training program
requirements; and
(vii) Minimum equipment lists; control specialist must remain on duty must include a minimum of 4 hours of
(7) Aircraft limitations and until relieved by another qualified ground training, and 4 hours of training
performance, including: operations control specialist or until in and around an air ambulance
(i) Aircraft operational limitations; each helicopter air ambulance helicopter, on the topics set forth in
(ii) Aircraft performance; monitored by that person has completed paragraph (a)(2) of this section.
(iii) Weight and balance procedures its flight or gone beyond that person’s (c) Each certificate holder must
and limitations; and jurisdiction. maintain a record for each person
(iv) Landing zone and landing facility (2) Except in cases where trained under this section that—
requirements; circumstances or emergency conditions (1) Contains the individual’s name,
(8) Aviation policy and regulations, beyond the control of the certificate the most recent training completion
including: holder require otherwise— date, and a description, copy, or
(i) 14 CFR Parts 1, 27, 29, 61, 71, 91, (i) No certificate holder may schedule reference to training materials used to
and 135; an operations control specialist for more meet the training requirement.
(ii) 49 CFR Part 830; than 10 consecutive hours of duty; (2) Is maintained for 24 calendar
(iii) Company operations (ii) If an operations control specialist months following the individual’s
specifications; is scheduled for more than 10 hours of completion of training.
Issued under authority provided by 49

U.S.C. 106(f), 44701(a), 49 U.S.C. 44730, in
Washington, DC, on February 18, 2014.
Michael P. Huerta,
Administrator, Federal Aviation
Administration.
[FR Doc. 2014–03689 Filed 2–20–14; 8:45 am]
BILLING CODE 4910–13–P

Department of Transportation: Vol. 79 Friday, No. 35 February 21, 2014

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TABLE 1—AFFECTED ENTITIES

TABLE 1—AFFECTED ENTITIES—Continued

TABLE 4—VFR CEILING AND FLIGHT VISIBILITY REQUIREMENTS

requirement for helicopter air The FAA has communicated with

maintenance. all helicopter operations.

Air Ambulance Helicopters = 1,073–

Salary of pilot = $75 per hour.

(4) OCS training/amendment to Operators = 15. Salary of inspector at field office =

Summary of All Burden Hours and

As required by the Paperwork overwater equipment requirements H. Environmental Analysis

maximum extent practicable. The FAA

Airspace Flight visibility Distance from clouds

Class A .................................................................................................... Not Applicable ............................... Not Applicable.

Class C .................................................................................................... 3 statute miles ............................... 500 feet below.

Airspace Flight visibility Distance from clouds

........................................................ 1,000 feet above.

(b) * * * PART 135—OPERATING § 135.160 Radio altimeters for rotorcraft

helicopter air ambulance operations in Class G airspace, the weather minimums

airport. If a weather report is not applicable. before reaching a predetermined

Issued under authority provided by 49

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