Safety Recommendation A-07-087

We are aware that the October 12, 2010, NPRM proposed revising 14 CFR Part 135 to define an extended overwater operation as any operation conducted more than 50 nautical miles (nm) from the nearest shoreline, regardless of its proximity to offshore heliport structures. The NPRM also proposed a requirement for helicopters operating beyond autorotational distance from the shoreline, but within 50 nm of the shoreline, to carry electronically deployable or externally mounted liferafts. In our comments, we stated that these provisions, if included in the final rule, would satisfy this recommendation.

Unfortunately, the February 21, 2014, final rule does not contain the relevant provisions that were included in the NPRM. Consequently, Safety Recommendation A-07-87 is classified CLOSED—UNACCEPTABLE ACTION.

Although the FAA’s notice of proposed rulemaking addresses Safety Recommendation A-07-87, we remain concerned that it does not propose a requirement for the flight crewmember waterproof 406 MHz PLB that we recommended in Safety Recommendation A-07-88. Such a rescue tool would provide operators a greater chance of preventing injury from unnecessary exposure to the harsh conditions of the Gulf.

Accordingly, pending the issuance of a final rule that includes all of the requirements specified in these recommendations, including a requirement for PLBs, Safety Recommendation A-07-87 remains classified OPEN—ACCEPTABLE RESPONSE and Safety Recommendation A-07-88 remains classified “Open—Unacceptable Response.”

From Michael P. Huerta, Acting Administrator: As the Board noted in its February 1,2011, letter, the Federal Aviation Administration (FAA) published the Air Ambulance and Commercial Helicopter Operations, Part 91 Helicopter Operations, and Part 135 Aircraft Operations; Safety Initiatives and Miscellaneous Amendments Notice of Proposed Rulemaking on October 12, 2010. The comment period closed on January 10, 2011. The FAA has received the comments submitted by the Board and is reviewing those comments as part of the rulemaking process. We plan to issue the related final rule in July 2012.

I will keep the Board informed of the FAA's progress on this safety recommendation and provide an update after the rule is published.

The NTSB notes that the FAA has published 14 Code of Federal Regulations (CFR) Parts 1, 91, 120, and 135 Air Ambulance and Commercial Helicopter Operations, Part 91 Helicopter Operations, and Part 135 Aircraft Operations; Safety Initiatives and Miscellaneous Amendments; Proposed Rule.

Although the proposed rule would require helicopters operating over water and beyond autorotational distance, but within 50 nautical miles from shoreline, to carry—among other equipment—life preservers, a pyrotechnic signaling device, and an electronically deployable or externally mounted liferaft equipped with a 406 megahertz (MHz) emergency locator transmitter (ELT) that meets the requirements of technical standards order C126a, it would not require the flight crew’s personal flotation devices to be equipped with waterproof, global positioning-system-enabled 406 MHz personal locator beacons (PLB).

Although the NPRM is responsive to Safety Recommendation A-07-87, it does not propose a requirement for the flight crewmember waterproof 406 MHz PLB. The NTSB believes that requiring a rescue tool such as this would provide operators a greater chance of preventing injury from unnecessary exposure to the harsh conditions of the Gulf. Based on the accidents that prompted this recommendation to the FAA, the NTSB believes that the need for flight crew 406 MHz PLBs continues. Although the NPRM would satisfy Safety Recommendation A-07-87, it would only partially satisfy A-07-88.

Accordingly, pending issuance of a final rule that includes all of the recommended requirements specified in these recommendations, Safety Recommendation A-07-87 remains classified OPEN – ACCEPTABLE RESPONSE; however, Safety Recommendation A-07-88 is classified “Open—Unacceptable Response.”

Notation 8272: The National Transportation Safety Board (NTSB) has reviewed the Federal Aviation Administration's (FAA) Notice of Proposed Rulemaking (NPRM) titled "14 CFR [Code of Federal Regulations] Parts 1, 91, 120, and 135 Air Ambulance and Commercial Helicopter Operations, Part 91 Helicopter Operations, and Part 135 Aircraft Operations; Safety Initiatives and Miscellaneous Amendments; Proposed Rule," which was published at 75 Federal Register 62640 on October 12, 2010. The FAA proposes removing the reference to offshore heliport structures in the definition of extended overwater operation for helicopters.

As a result, any operation conducted more than 50 nm from the nearest shoreline would be an extended overwater operation, regardless of its proximity to offshore heliport structures. The NPRM would require that a helicopter operating over water beyond autorotational distance from the shoreline but within 50 nm of the shoreline would be required to carry, among other equipment: life preservers, a 406 megahertz emergency locator transmitter that meets the requirements of TSO C126a, a pyrotechnic signaling device, and electronically deployable or externally mounted liferafts.

For extended overwater operations, a helicopter would need to have the equipment required for overwater operations plus additional survival equipment. The NTSB supports all of these proposed revisions for overwater flight; if adopted, they would be responsive to Safety Recommendations A-07-87 and -88.

Safety Recommendation A-07-87 asks the FAA to “require that all existing and new turbine-powered helicopters operating in the Gulf of Mexico and certificated with five or more seats be equipped with externally mounted liferafts large enough to accommodate all occupants.” Safety Recommendation A-07-88 asks the FAA to “require that all offshore helicopter operators in the Gulf of Mexico provide their flight crews with personal flotation devices equipped with a waterproof, global-positioning-system-enabled 406 megahertz personal locator beacon, as well as one other signaling device, such as a signaling mirror or a strobe light.”

Letter Mail Controlled 8/9/2010 11:44:29 AM MC# 2100272 - From J. Randolph Babbitt, Administrator: The Federal Aviation Administration completed its work on a notice of proposed rulemaking (NPRM) for air ambulance and commercial helicopter operations in March 2010 that will address this recommendation. The draft NPRM is in final executive coordination and we expect to publish the NPRM later this year.

The FAA replied that it will meet with helicopter manufacturers, operators, and industry advocacy groups to determine how to respond to these recommendations, and, after these meetings, the FAA will determine whether rulemaking is required. In the interim, the FAA plans to issue an Information for Operators (InFO) message that describes some of the accident history for the occupants of helicopters operating in the Gulf of Mexico, as well as recommendations to reduce risks and hazards for helicopters that are ditched in the Gulf. Although the FAA expected that the InFO would be issued no later than March 1, 2008, as of the date of this letter, the FAA has not issued the InFO.

The Safety Board understands the FAA’s need to meet with manufacturers, operators, and advocacy groups prior to initiating rulemaking. However, the Board believes that there is little question that the FAA will need to mandate the recommended actions for operators, as the accident history clearly demonstrates the risk to safety and the need for these required actions. Because an InFO is advisory only, even though it provides a means for the FAA to quickly disseminate this information to operators, it does not constitute a fully acceptable response to these recommendations.

Pending the FAA’s taking the actions recommended, Safety Recommendations A-07-87 and -88 are classified OPEN -- ACCEPTABLE RESPONSE.

Letter Mail Controlled 1/22/2008 3:40:10 PM MC# 2080019: - From Robert A. Sturgell, Acting Administrator: The FAA believes these events warrant serious review and analysis as how to best increase the chances for survival for crew members and passengers in the event a helicopter crashes or ditches in the Gulf of Mexico. The FAA will meet with helicopter manufacturers, operators, and industry advocacy groups to determine the best course of action to achieve these goals. At the conclusion of these consultations, the FAA will determine if rulemaking is required to achieve these goals or if other avenues are more appropriate.

In the interim, the FAA will issue an Information for Operators (InFO) that describes pertinent accident history for helicopters operating in the Gulf of Mexico along with recommendations to mitigate those risks and hazards for helicopters that may have to ditch in the Gulf. We will provide a copy of the Info to the Board when it is issued, which we expect to be no later than March 1,2008. We will provide a further update on our efforts with the helicopter industry by August 1, 2008.