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  3. NTSB A-21-007
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NTSB · Safety Recommendation

Safety Recommendation A-21-007

Recommendation

TO ISLAND EXPRESS HELICOPTERS INC.: Participate in the Federal Aviation Administration’s Safety Management System Voluntary Program.

Safety Issue and Context

This report discusses the January 26, 2020, accident involving a Sikorsky S-76B helicopter, N72EX, being operated by Island Express Helicopters Inc. as a Title 14 Code of Federal Regulations (CFR) Part 135 on-demand flight, that crashed into terrain in Calabasas, California. The pilot and the eight passengers died.

Safety issues identified in this report include the pilot’s preflight weather and flight risk planning, the flight’s entry into instrument meteorological conditions and the pilot’s inadequate adverse weather avoidance, the pilot’s spatial disorientation, influences on the pilot’s decision to continue the flight into adverse weather, Island Express’ incomplete implementation of its safety management system (SMS), the benefits of a mandatory SMS, the benefits of flight simulation devices for pilot training in adverse weather avoidance, the benefits of a flight data monitoring program, and the value of crash-resistant flight recorder systems in preventing future accidents.

As a result of this investigation, the National Transportation Safety Board makes two new safety recommendations each to the Federal Aviation Administration and Island Express.

Response History

August 22, 2024 · NTSB Correspondence · Maverick Helicopters (formerly Island Express Helicopters, Inc.)

We note that the FAA’s final rule expands the applicability of Title 14 Code of Federal Regulations (CFR) Part 5, SMSs, beyond 14 CFR Part 121 operators to include Part 135 operators, such as Maverick Helicopters, without exceptions for the size of the operator.

We are aware that you have improved your SMS since this accident. We point out, however, that the intent of this recommendation is for Maverick Helicopters to participate in the FAA’s SMSVP, which would incorporate ongoing FAA oversight and compliance monitoring into your SMS to ensure it conforms with the safety policy, safety risk management, safety assurance, and safety promotion functions. Although we believe the intent of this recommendation will be met as result of the FAA’s final

rule, we are disappointed with your decision to not participate in the FAA’s SMSVP prior to the FAA’s mandate. Consequently, Safety Recommendation A-21-7 is classified CLOSED-- UNACCEPTABLE ACTION.

March 4, 2024 · NTSB Correspondence · Maverick Helicopters (formerly Island Express Helicopters, Inc.)

When we issued this recommendation, we were aware that IEX Helicopters had an SMS that was neither required by the FAA nor part of the company’s FAA-approved or -accepted programs. Although IEX Helicopters had informed us of improvements that it had made to its SMS since this accident, it had not indicated any plans to participate in the FAA’s SMS Voluntary Program, as recommended. The intent of this recommendation is for Maverick Helicopters to incorporate ongoing FAA oversight and compliance monitoring into its SMS to ensure it conforms with the safety policy, safety risk management, safety assurance, and safety promotion functions.

By participating in the FAA’s SMS Voluntary Program, Maverick’s SMS would be subject to FAA oversight that includes inspecting the SMS for alignment with FAA objectives and providing feedback to help you implement any needed improvements.

Read Recommendation

Recommendation Facts

Status
Closed - Unacceptable Action
Issued
February 25, 2021
Priority
CLASS II
Recipient
Maverick Helicopters (formerly Island Express Helicopters, Inc.)
Adopted
February 9, 2021
Closed
August 22, 2024
Related Investigation
DCA20MA059
Related Report
AAR-21-01

We urge Maverick Helicopters to participate in the FAA’s SMS Voluntary Program. In the meantime, pending our receipt and review of a plan for taking the recommended action, Safety Recommendation A-21-7 remains classified OPEN-- UNACCEPTABLE RESPONSE.

January 10, 2024 · Recipient Response · Maverick Helicopters (formerly Island Express Helicopters, Inc.)

-From Garrett Dalton, Maverick Helicopters: Island Express Inc, has been purchased by Maverick Helicopters. We have gone through a thorough review and upgrade of our company including but not limited to, Management, Fleet, facilities, training, policies and procedures etc.

One of the reviews was of our SMS program and it has been determined that in its current state it is well above our industry standards and is incorporated into every aspect of our day-to-day operations. We believe that we have 100% buy in from all employees in our SMS Program and they use it in a constructive way every day. At this time, we have taken the decision not to participate in the FAA’s SMS Voluntary Program.

Please feel free to contact me anytime with any questions or concerns.

September 28, 2022 · NTSB Correspondence · Maverick Helicopters (formerly Island Express Helicopters, Inc.)

We note that that you have made improvements to your SMS; however, you have decided not to participate in the FAA’s SMS Voluntary Program at this time. We understand that you will reassess this decision in the future.

The intent of this recommendation is for IEX Helicopters to incorporate ongoing FAA oversight and compliance monitoring into its SMS to ensure it conforms with the safety policy, safety risk management, safety assurance, and safety promotion functions. By participating in the FAA’s SMS Voluntary Program, IEX Helicopters’ SMS would be subject to FAA oversight that includes inspecting the SMS for alignment with FAA objectives and providing feedback to help you implement any needed improvements. Therefore, we continue to believe it is important that you participate in the FAA’s SMS Voluntary Program, and we urge you to reconsider your current position.

In the meantime, pending IEX Helicopters taking the recommended action, Safety Recommendation A-21-7 is classified OPEN--UNACCEPTABLE RESPONSE.

February 18, 2022 · Recipient Response · Maverick Helicopters (formerly Island Express Helicopters, Inc.)

-From Garret Dalton, Director of Operations, IEX Helicopters: As stated in our letter dated May 24th 2021, we have made many changes to our SMS Program. These new changes have had a really positive change to our SMS Program. At this time we have not participated in the FAA SMS Voluntary Program. Future participation will be assessed on an ongoing basis.

January 5, 2022 · NTSB Correspondence · Maverick Helicopters (formerly Island Express Helicopters, Inc.)

When we issued this recommendation, we were aware that IEX Helicopters had an SMS that was neither required by the FAA nor part of the company’s FAA approved or -accepted programs. We are encouraged to learn about the improvements you have made to your SMS since this accident. We are concerned, however, that you did not mention any plans to participate in the FAA’s SMS Voluntary Program. We believe your participation in this program is important because it would allow the FAA to inspect your SMS to ensure it is aligned with FAA objectives. Pending completion of the recommended action, Safety Recommendation A-21-7 is classified OPEN-- ACCEPTABLE RESPONSE.

May 24, 2021 · Recipient Response · Maverick Helicopters (formerly Island Express Helicopters, Inc.)

-From Garret Dalton, Director of Operations: Island Express Helicopters Inc. (“Island Express”) is in receipt of your letter dated February 25, 2021, which references two safety recommendations stemming from the NTSB report entitled Rapid Descent Into Terrain, Island Express Helicopters Inc., Sikorsky S-76B, N72EX, Calabasa, California, January 26, 2020 (“NTSB Report”). While we dispute a number of the findings and conclusions in the NTSB Report, safety is our core value at Island Express, and we have carefully considered the recommendations as a part of our constant commitment to safety.

Pursuant to your request, we are writing this letter to detail the steps that Island Express has taken and intends to take in order to address the NTSB’s recommendations.

The NTSB report contains an extensive recitation of its position on the usefulness of Safety Management Systems (“SMS”), and its recommendation that the Federal Aviation Administration (“FAA”) make SMS mandatory for Part 135 operators. As discussed within the Report, the FAA has consistently refused to make SMS mandatory by regulation. The NTSB Report states that the “NTSB believes that Island Express should not wait for the FAA to take action on requiring SMS for Part 135 operators before fully implementing its SMS,” and NTSB Safety Recommendation A-21-7 recommends that Island Express “[p]articipate in the Federal Aviation Administration’s Safety Management System Voluntary Program.”

Contrary to the implication of recommendation A-21-7, Island Express has not waited for the FAA to mandate the use of SMS by Part 135 operators. Island Express has utilized an industry approved, third-party SMS since 2013, and has constantly worked with PRISM, an industry leading SMS vendor that uses FAA and international standards and guidance, to develop, implement and refine its SMS. Island Express’ SMS is outlined within its “Safety Management System Manual.” The structure of the SMS is consistent with FAA standards, including safety policy, safety risk management, safety assurance, and safety promotion.

As part of its ongoing commitment to SMS refinement and improvement, Island Express has taken the following additional steps to further enhance its existing SMS:

• The company Safety Manager attended the PRISM SMS Safety Manager Training in September 2020;

• The company Safety Manager received PRISM Safety Assurance Program training;

• The company Safety Manager has started a new Internal Evaluation Program, which will include flight operations, dispatch, maintenance programs, and management oversight;

• The company Safety Manager has enacted a new company Safety Assurance Program;

• All company Hazard Reports are given a 5-Step Risk Management Process, they are given a Risk Matrix Score, corrective actions are administered, and the Hazard Reports are published and made available to all company personnel;

• All company Safety Meetings are now held on a monthly basis, which includes company ground crew, pilots, and mechanics;

• The company has updated all Risk Assessments for ground crews, pilots, and mechanics; and

• The company has updated SMS training for all employees.

Island Express will continue to work with PRISM on a routine basis to further refine its SMS program in accordance with industry and governmental standards and best practices.

February 25, 2021 · NTSB Correspondence · Maverick Helicopters (formerly Island Express Helicopters, Inc.)

The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. We determine the probable cause of the accidents and issue safety recommendations aimed at preventing future accidents. In addition, we carry out special studies concerning transportation safety and coordinate the resources of the federal government and other organizations to provide assistance to victims and their family members affected by major transportation disasters.

The attached letter from the NTSB Chairman provides information about the NTSB’s February 9, 2021, report Rapid Descent Into Terrain, Island Express Helicopters Inc., Sikorsky S 76B, N72EX, Calabasas, California, January 26, 2020, AAR-21-01. The details of this accident investigation and the resulting safety recommendations may be found in the attached report, which can also be accessed at http://www.ntsb.gov. For more information about NTSB and our recommendation process, please see the attached one-page summary.

The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives. We would appreciate a response within 90 days of the date of this letter, detailing the actions you have taken or intend to take to implement these recommendations. When replying, please refer to the safety recommendations by number (for example, A-21-7 and -8). We encourage you to submit your response to ExecutiveSecretariat@ntsb.gov. If your reply exceeds 20 megabytes, including attachments, please e mail us at the same address for instructions on how to send larger documents. Please do not submit both an electronic copy and a hard copy of the same response.

All communications regarding safety recommendations will be stored by the NTSB and viewable by the public. Please do not send privileged or confidential communications in response to this/these recommendation(s). Responses marked as confidential or privileged (or similar designations) will be considered nonresponsive. If you have concerns about this protocol, please contact us at ExecutiveSecretariat@ntsb.gov.

The National Transportation Safety Board (NTSB) is an independent federal agency charged by Congress with investigating every civil aviation accident in the United States and significant accidents in other modes of transportation—railroad, highway, marine, and pipeline. We determine the probable cause of the accidents and issue safety recommendations aimed at preventing future accidents. In addition, we carry out special studies concerning transportation safety and coordinate the resources of the federal government and other organizations to assist victims and their family members affected by major transportation disasters.

We are providing the following information to urge Island Express Helicopters Inc. to act on the safety recommendations in this letter because we believe your organization can help reduce the risk of future accidents. For more information about the NTSB and our recommendation process, please see the attached one-page summary.

This letter also includes information about our February 9, 2021, report Rapid Descent Into Terrain, Island Express Helicopters Inc., Sikorsky S 76B, N72EX, Calabasas, California, January 26, 2020, AAR-21-01. The details of this accident investigation and the resulting safety recommendations may be found in the attached report, which can also be accessed at http://www.ntsb.gov.

As a result of this investigation, we identified the following safety issues:

• The pilot’s preflight weather and flight risk planning. • The flight’s entry into instrument meteorological conditions and the pilot’s inadequate adverse weather avoidance. • The pilot’s spatial disorientation. • Influences on the pilot’s decision to continue the flight into adverse weather. • Island Express’ incomplete implementation of its safety management system (SMS). • The benefits of a mandatory SMS. • The benefits of flight simulation devices for pilot training in adverse weather avoidance. • The benefits of a flight data monitoring program. • The value of crash-resistant flight recorder systems in preventing future accidents.

Accordingly, the NTSB makes the following safety recommendations to Island Express Helicopters Inc. Additional information regarding these recommendations can be found in the noted sections of the report.

Participate in the Federal Aviation Administration’s Safety Management System Voluntary Program. (A-21-7) (See section 2.4.2.) Install flight data recording devices capable of supporting a flight data monitoring (FDM) program on each helicopter in your fleet and establish an FDM program that reviews all available data sources to identify deviations from established norms and procedures as well as other potential safety issues. (A 21-8) (See section 2.6.) The NTSB is vitally interested in these recommendations because they are designed to prevent accidents and save lives.

We would appreciate a response within 90 days of the date of this letter, detailing the actions you have taken or intend to take to implement these recommendations. When replying, please refer to the safety recommendations by number (Safety Recommendations A-21-7 and -8). We encourage you to submit your response to ExecutiveSecretariat@ntsb.gov. If your reply, including attachments, exceeds 20 megabytes, please e mail us at the same address for instructions on how to send larger documents. Please do not submit both an electronic copy and a hard copy of the same response.

All communications regarding safety recommendations are stored by the NTSB and viewable by the public. Please do not send privileged or confidential communications in response to this/these recommendation(s). Responses marked as confidential or privileged (or similar designations) will be considered nonresponsive. In the likely event that your company uses auto generated and/or preformatted confidentiality statements on letterhead or outgoing e-mails, please include a statement in your letter indicating that the information can be publicly released. If you have concerns about this protocol, please contact us at ExecutiveSecretariat@ntsb.gov.