Kenny-STATMedEvac 2012

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U.S. Deportment of Transportation Federal Aviation Administration MA.Y 14 2012 Mr. John C. Kenny Director of Operations STAT MedEvac 10 Allegheny County Airport West Mifflin, PA 15 I 22

Dear Mr. Kenny:

This letter is in response to your February 24, 2012 request for legal interpretation on whether a part I 35 air carrier is permitted to enter into an agreement with other air carriers to use an online service "weatherturndown.com."

As described in your letter, weatherturndown.com is a service that allows member programs to "create a record of any flight requests that the particular member program has turned down for weather, as well as to provide an unofficial source of NOTAM type flight safety information." It also allows for other member programs to "log on to see if a flight request they receive has been turned down by another participating program." You state that a local helicopter air ambulance program "seeks to have all local [helicopter air ambulance] providers enter into a formal written agreement to utilize and participate in the weatherturndown.com service." Such an arrangement does not conflict with any FAA regulations and the FAA would therefore not prohibit an arrangement between parties, including certificated air carriers, to participate in the weatherturndown.com service. Regarding your concern that weatherturndown.com is a weather resource not approved by the FAA, we note that if this website is not approved by the Administrator or the U.S. National Weather Service then it cannot be used as a source of weather reports or forecasts as defined in 14 C.F.R. § 135.213(a).

This response was prepared by Dean E. Griffith, Attorney in the Regulations Division of the Office of the Chief Counsel, and was coordinated with the Air Transportation Division of Flight Standards Service. Please contact us at (202) 267-3073 if we can be of additional assistance.

Sincerely,

R~t=.OY~Assistant Chief Counsel for Regulations