Blasts FAA For Poor Oversight And Not Following NTSB Recommendations

The NTSB Tuesday determined the probable cause of a 2005 fatal air tour helicopter crash in Hawaii as "the pilot's decision to continue flight into adverse weather conditions, which resulted in a loss of control due to an encounter with a microburst."

The board also said inadequate FAA surveillance of compliance with Special Federal Aviation Regulation (SFAR) 71 operating restrictions contributed to the accident, and the lack of helicopter flotation equipment contributed to the loss of life.

On the afternoon of September 23, 2005, an Aerospatiale AS350BA helicopter (file photo of type below), registered to Jan Leasing, and operated by Heli-USA Airways, encountered adverse weather and crashed into the Pacific Ocean several hundred feet off the coast of Kailiu Point, near Haena, HI.

The flight departed from Lihue Airport for an intended 45-minute tour of Kauai island.  Three passengers died of drowning or drowning-related circumstances; the commercial pilot and two other passengers received minor injuries.

Investigators noted air tour pilots typically use their own judgment, based on the appearance of the weather conditions, to determine whether to proceed with a flight and the island's unique weather patterns involving daily, brief, localized rain showers, means air tour pilots sometimes encounter and briefly penetrate areas of precipitation during flights.

The helicopter was not equipped with flotation equipment and sank quickly after hitting the water.  Although each occupant wore a waist pouch containing a vest-type personal flotation device (PFD) and were briefed on its use, not all were able to put it on and properly inflate it after exiting the downed chopper. One surviving passenger said the helicopter touched down and rolled on its side submerging the cabin within about three seconds.

In a 1995 report on the US air tour industry, the board noted that combined use of PFDs and helicopter flotation equipment provided an optimum level of safety for passengers in the event of an emergency ditching, and urged the FAA to reconsider the SFAR 71 rule that allowed Hawaii air tour operators to provide only one or the other.

On October 22, 2003, the FAA issued for public comment a proposed rule that would have required most types of air tour helicopters operating over water to be equipped with fixed or inflatable floats.  However, says the NTSB, the final rule, while providing for enhanced oversight of commercial air tours, falls short on mandating helicopter flotation devices when PFDs are provided.

"This flight into dangerous weather conditions had tragic consequences," said NTSB Chairman Mark V. Rosenker, "but lives might have been spared if the helicopter had flotation equipment.  I am disappointed that the rulemaking process once again has moved so slowly and that the final result still leaves open a real safety gap."

The board recommended that FAA require that "all helicopters used in commercial air tour operations over water, regardless of the amount of time over water, be amphibious or equipped with fixed or inflatable floats."

The board also recommended that the FAA evaluate the design, maintenance, and in-service handling to determine why some chambers of a PFD fail to inflate.

Heli USA Responds

Late Tuesday, Heli USA issued a statement in response to the NTSB's findings.

"We would like to express our deepest appreciation to both the National Transportation and Safety Board and the Federal Aviation Authority for their extensive efforts in investigating this incident and their assistance in promoting safety in the airline industry," the company said in a release to ANN.

"From the investigation our helicopter had no mechanical problems, company policies were appropriate and the helicopter was equipped with government-required safety equipment, including personal flotation devices ... Since this event, Heli USA has installed additional safety equipment including external inflatable floats on its helicopters even though they are still not required under the new FAR 136 rule. The company has done so, so that its helicopters can fly beyond autorotative distance from shore and conduct inter-island commercial operations."

Heli USA notes it is one of only two helicopter companies operating on Kauai with external inflatable floats -- and that the pilot of the accident flight isn't flying, pending recertification by the FAA.

FMI: www.ntsb.gov, www.heliusa.com