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NTSB · Safety Recommendation

Safety Recommendation A-22-013

Recommendation

TO THE FEDERAL AVIATION ADMINISTRATION: As an interim measure until completion of the action to satisfy Safety Recommendation A-21-15, require Hawaii air tour operators to install Automatic Dependent Surveillance-Broadcast Out (ADS-B) equipment in their aircraft to enable real-time flight position tracking.

Safety Issue and Context

This report discusses the December 26, 2019, accident involving a seven-seat helicopter operated by Safari Aviation Inc. as a commercial air tour flight that encountered instrument meteorological conditions and collided into terrain in a remote, wooded area near Kekaha, Hawaii, on the island of Kauai. The pilot and the six passengers were fatally injured, and the helicopter was destroyed.

Safety issues identified in this report include limited ability of existing infrastructure to fully support some aviation safety-related functions needed for the safe operation of low-flying air tour flights, resulting in air tour pilots having to rely on their own in-flight visual weather assessments; absence of safety assurance processes to guide pilot decision-making; and ineffective monitoring and oversight of Hawaii air tour operators by the Federal Aviation Administration (FAA).

As a result of this investigation, the National Transportation Safety Board (NTSB) makes eight new safety recommendations to the FAA, one new safety recommendation to the Vertical Aviation Safety Team, and one new safety recommendation to tour flight operators. NTSB also reiterates nine previously issued recommendations and two previously issued classified recommendations to the FAA.

Response History

June 24, 2025 · Recipient Response · FAA

-From Christopher J. Rocheleau, Acting Administrator: The FAA plans to publish an advisory circular (AC) for Enhanced Flight Following Center (EFFC) for Commercial Air Tour Operators. This AC will provide information and recommendations that may assist commercial air tour operators of all sizes and scope to develop, implement, and integrate enhanced flight-following procedures for improved operational control and create an EFFC. The publication will include processes to train personnel in preflight risk analysis, providing pilots with weather briefings, monitoring the progress of the flights, and participating in two-way communications with pilots to alert them of any weather hazards.

The anticipated publication date of this AC is September 30, 2026.

The FAA continues to review Hawaii air tour operators’ proprietary training materials to ensure they include cue-based, island-specific weather training. The improved quality of available training materials reviewed so far has satisfied the need for training examples, which the FAA would have provided otherwise.

Advisory Circular 136-B048 (now AC 136-4), Supplemental Information for the Creation of Operating Procedures and Pilot Training Subjects Related to Operations Specifications (OpSpec)/Letter of Authorization (LOA) B048, was published on 11/12/2024. The AC will provide guidance to air tour operators on training flight support personnel in the process of preflight risk analysis, providing pilots with weather briefings, monitoring the progress of active tour flights, and participating in two-way communications with pilots to alert them of any unanticipated weather hazards.

Additionally, the AC also has a specific inclusion for cue-based, island-specific weather training to enable pilots to evaluate weather patterns based on visual cues, and to determine from those cues if it is appropriate to continue the flight as planned or if an alternate route of flight is necessary. The AC is available at the following website: https://drs.faa.gov/browse/excelExternalWindow/DRSDOCID18726233262024111420241.0001

FAA Notice 8900.718, Revised and Reinstated OpSpec/LOA B048, Commercial Air Tour Operations Below 1,500 Feet Above the Surface in the State of Hawaii: Decommissioning of LOA B548 (HQ Revision: 000); and the Cancellation of the Hawaii Air Tour Common Procedures Manual (HATCPM), was published on 11/12/2024. This notice announces the change to B048 and includes draft copies of the Opspec/LOAs. B548 is rescinded, and only B048 will be issued for all applicable FAR parts. Operators will be required to archive previous versions of OpSpec B048 and LOA B548, and request approval of the new versions. The notice is found at the following website:

Read Recommendation

Recommendation Facts

Status
Open - Acceptable Response
Issued
May 26, 2022
Priority
CLASS II
Recipient
FAA
Adopted
May 10, 2022
Related Investigation
ANC20MA010
Related Report
AIR-22-05

https://drs.faa.gov/browse/excelExternalWindow/DRSDOCID19235245282024111420285.0001

I will keep the Board informed of the FAA’s progress on Safety Recommendations A-17-40, A-22-13, and A-22-14, and I anticipate providing an update by September 30, 2026.

October 9, 2024 · NTSB Correspondence · FAA

We note that you continue to evaluate whether ADS-B Out equipment should be installed in aircraft used for air tour operations as a requirement for obtaining OpSpec B048, “Operations in the Vicinity of the Hawaiian Islands,” and LOA B548, which you are in the process of revising. Pending our review of the revised OpSpec and LOA and completion of the recommended action, Safety Recommendation A-22-13 remains classified OPEN-- ACCEPTABLE RESPONSE.

October 2, 2023 · Recipient Response · FAA

-From Kathryn B. Thomson, Deputy Administrator: The Federal Aviation Administration (FAA) continues to expand weather camera services in Hawaii to enhance aviation safety and pilot decision-making with the installation of 15 of the 26 planned sites to date. The following 10 new sites, in addition to the 5 sites listed in our previous letter, include (available at https://weathercams.faa.gov/):

1. Holei Pali (POAA) 2. Kalaupapa (PHLU) 3. Kapalua (JHM) 4. Laie (HI58) 5. Laupahoehoe (QHC) 6. Lihue (PHLI) 7. Makaha Ridge (PHBK) 8. Upolo (PHUP) 9. Wahiawa (PHHI) 10. Waimanalo (CKH) The FAA also continues to develop an advisory circular (AC) providing guidance for all commercial air tour operators to implement an operator-specific flight monitoring system. This AC will include processes to train flight support personnel in the process of preflight risk analysis, provide pilots with weather briefings, monitor the progress of the flights, and participate in two-way communications with pilots to alert them of any weather hazards.

The FAA has initiated this draft AC with its anticipated publication by September 30, 2024.

Additionally, the FAA released draft AC 136-B048, Supplemental Information for the Creation of Operating Procedures and Pilot Training Subjects Related to OpSpec/LOA B048, for public comment, which can be found at the following website: https://www.faa.gov/aircraft/draft_docs/afs_ac/AC_136-B048_Coord_Copy.pdf

Finally, revisions to Operations Specifications (OPSPEC) Paragraph B048, Operations in the Vicinity of the Hawaiian Islands, and Letter of Authorization (LOA) B548 continue to be delayed due to the need for additional internal coordination. We are continuing to evaluate requirements for the use of ADS-B Out equipment in air tour operator aircraft as a requirement to obtain the revised OPSPEC B048/LOA B548. While the OPSPEC and LOA are being revised, the FAA continues to review Hawaii air tour operators’ proprietary training materials for the required cue-based, island-specific weather training.

The improved quality of available proprietary training materials has satisfied the need for training examples, which would have otherwise been provided by the FAA.

I will keep the Board informed of the FAA’s progress on Safety Recommendations A-07-18, A-07-19, A-17-40, A-22-13, and A-22-14 and anticipate providing an update by August 31, 2024.

September 6, 2023 · NTSB Correspondence · FAA

On August 4, 2023, the Federal Aviation Administration (FAA) announced the publication of draft Advisory Circular (AC) 136-B048, Supplemental Information for the Creation of Operating Procedures and Pilot Training Subjects Related to OpSpec [operations specification]/LOA [letter of authorization] B048, and invited public comment on the document. The NTSB has a longstanding interest in air tour safety in the state of Hawaii, having investigated numerous Hawaii air tour accidents and issued many related safety recommendations and we offer our comments below.

We note that, based on the contents of the draft AC, it appears that the FAA’s intent is that it will replace FAA document AWP13-136, the Hawaii Air Tour Common Procedures Manual (HATCPM), which the FAA issued in 2008 for use by operators that obtained authorization (through OpSpec B048 or LOA B548) to deviate from the minimum altitude specified in 14 Code of Federal Regulations (CFR) Part 136, Appendix A. For those operators that obtained authorization through OpSpec B048/LOA B548, compliance with the provisions of the HATCPM was mandatory.

In our 2022 report on our investigation of the December 26, 2019, fatal air tour helicopter accident in Kekaha, Hawaii, we noted that the HATCPM had not been revised since it was issued and that the FAA informed us that it had been working on a replacement for about 7 years.

During our investigation, an air tour subject matter expert from the FAA’s Air Transportation Division, [14 CFR] Part 135 Air Carrier Operations Branch, informed us that the FAA’s vision for the new document was for it to be up to date; incorporate NTSB safety recommendations, congressional input, and National Park Service input; and be simpler, safer, and easier to manage. They also said that the document would likely address the use of Hawaii weather camera systems and operator implementation of safety management systems (SMSs).

We have examined the draft AC and are providing comments related to these issues and open NTSB recommendations related to air tour safety in Hawaii. We note that, although ACs, generally, are not regulatory documents, we presume that operators that obtain authorization through OpSpec/LOA B048 will be required to comply with the AC’s provisions (similar to the mandatory compliance with the HATCPM for those operators that held deviation authority).

Automatic Dependent Surveillance-Broadcast Equipment Applications

During our investigation of a 2019 fatal midair collision involving two air tour airplanes in Ketchikan, Alaska, we observed that high-traffic air tour areas have a higher midair collision risk than the general National Airspace System.3 As a result, in 2021, we issued Safety Recommendation A-21-15, which urged the FAA to do the following:

Identify high-traffic air tour areas and require, through a special federal aviation regulation (SFAR) or other means, that 14 CFR Parts 91 and 135 air tour operators that operate within those areas be equipped with an automatic dependent surveillance-broadcast (ADS-B) Out- and In-supported traffic advisory system that 1) includes both visual and aural alerts, 2) is driven by an algorithm designed to minimize nuisance alerts, and 3) is operational during all flight operations.

Due to the presence of similar risks in high-traffic air tour areas in Hawaii, as well as the usefulness of ADS-B broadcast data for monitoring air tour flights and potentially detecting deviations from safe operating practices (discussed further below), we reiterated Safety Recommendation A-21-15 in our 2022 report on the Kekaha accident. However, the FAA recently informed us that it determined that current ADS-B requirements adequately address the needs of aviation safety and that it did not plan to pursue any additional ADS-B requirements at this time.

In 2022, we issued Safety Recommendation A-22-13 (also from our report on the Kekaha accident), which urged the FAA to require, as an interim measure until the completion of action to satisfy Safety Recommendation A-21-15, that Hawaii air tour operators install ADS-B Out equipment in their aircraft to enable real-time flight position tracking. In August 2022, the FAA informed us that it was revising OpSpec B048/LOA B548 and that it was continuing to evaluate requirements for the use of ADS-B Out equipment in air tour operators’ aircraft as a requirement to obtain the revised OpSpec B048/LOA B548.

Pending review of the revised OpSpec and LOA and completion of the recommended action, Safety Recommendation A-22-13 is classified Open—Acceptable Response.

We note that, although the draft AC recommends that Hawaii air tour operators install ADS-B equipment with In and Out capability and inform the FAA about its use, the AC does not state that such equipment will be required. Therefore, after the AC is issued, the FAA will still need to complete the revisions to OpSpec B048/LOA B548 to satisfy Safety Recommendation A-22-13.

March 30, 2023 · NTSB Correspondence · FAA

We note that you are evaluating whether ADS-B Out equipment should be installed in aircraft used for air tour operations as a requirement for obtaining Operations Specifications (OPSPEC) Paragraph B048, “Operations in the Vicinity of the Hawaiian Islands,” and Letter of Authorization (LOA) B548. We also note that you are in the process of revising both documents. Pending our review of the revised OPSPEC and LOA and completion of the recommended action, Safety Recommendation A-22-13 is classified OPEN-- ACCEPTABLE RESPONSE.

August 3, 2022 · Recipient Response · FAA

-From Billy Nolen, Acting Administrator: The FAA is currently in the process of revising Operations Specifications (OPSPEC) Paragraph B048, “Operations in the Vicinity of the Hawaiian Islands,” and Letter of Authorization (LOA) B548, which will be available to Hawaii air tour operators who apply for and meet the applicable requirements within the next year. The FAA is continuing to evaluate requirements for the use of ADS-B Out equipment in air tour operator aircraft as a requirement to obtain the revised OPSPEC B048/LOA B548. The FAA encourages all air tour operators to install ADS-B In/Out equipment in their aircraft.

May 26, 2022 · NTSB Correspondence · FAA

The attached letter from the NTSB Chair provides information about the NTSB’s May 10, 2022, report, Collision into Terrain, Safari Aviation Inc., Airbus AS350 B2, N985SA, Kekaha, Hawaii, December 26, 2019, NTSB AIR-22-05. 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.

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, new Safety Recommendations A-22-11 through -18, Reiterated Recommendations A 13 13, A-13-25, A-13-27, A-16-34 through -36, A 21 5, A-21-6, and A-21-15)

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.

This letter provides information about the National Transportation Safety Board’s (NTSB) May 10, 2022, report, Collision into Terrain, Safari Aviation Inc., Airbus AS350 B2, N985SA, Kekaha, Hawaii, December 26, 2019, NTSB AIR-22-05. 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:

• Aviation safety infrastructure limitations in Hawaii, including the need for aviation weather cameras, improved air-to-ground radio communications, and improved automatic dependent surveillance-broadcast (ADS-B) capabilities to enable flight tracking and other safety services for low-flying air tour flights.

• Lack of effective cue-based weather training for air tour pilots in Hawaii.

• Need for trained company flight support personnel with operational control authority to support pilots’ en route, weather-related decision making.

• Need for safety management systems and flight data monitoring programs for Part 135 operators and the incorporation of recorded onboard videos and ADS B flight tracking data into safety assurance reviews.

• Need for improved Federal Aviation Administration (FAA) surveillance of air tour operations in Hawaii.

• Value of crash-resistant flight recorder systems in providing information critical for enabling the identification of the most effective measures to prevent similar accidents. • Emerging technologies to help prevent accidents resulting from inadvertent encounters with instrument meteorological conditions, including helicopter safety technologies and simulation devices used in pilot training. Accordingly, the NTSB makes the following safety recommendations to the FAA. Additional information regarding these recommendations can be found in the noted sections of the report.

• Install the necessary infrastructure in Hawaii to enable continuous radio communication between the pilots of low-flying tour flights and ground support personnel, such as flight service station specialists and company flight support personnel, along the most heavily trafficked air tour routes. (A-22-11) (See section 2.4.2.1)

• Implement automatic dependent surveillance-broadcast (ADS-B) infrastructure improvements in Hawaii, such as additional ADS B ground stations, that provide adequate coverage to enable real-time flight tracking and traffic advisory services for ADS-B Out- and In-equipped, low-flying air tour aircraft throughout their entire tour routes. (A-22-12) (See section 2.4.2.2)

• As an interim measure until completion of the action to satisfy Safety Recommendation A 21-15 [previously issued on May 13, 2021], require Hawaii air tour operators to install Automatic Dependent Surveillance-Broadcast Out equipment in their aircraft to enable real time flight position tracking. (A-22-13) (See section 2.4.2.2)

• Require air tour operators to have flight support personnel who are trained to exercise operational control authority, participate in preflight risk analysis, provide pilots with weather briefings, monitor the progress of the flights, and participate in two-way communications with pilots to alert them of any weather hazards. (A-22-14) (See section 2.5.1)

• Develop guidance for small operators for scaling a safety management system that includes methods and techniques for implementation and specific examples applicable to several operational sectors, including air tours. (A 22 15) (See section 2.5.2)

• Issue a safety alert for operators to encourage air tour operators to establish safety assurance processes to routinely review recorded onboard videos and automatic dependent surveillance-broadcast flight tracking data, ideally as part of a safety management system with an integrated flight data monitoring program, for the purpose of identifying and addressing risky trends in weather related operating practices, such as encounters or near encounters with instrument-meteorological-conditions-related hazards. (A-22-16) (See section 2.5.4)

• Improve the surveillance of air tour operations in Hawaii through the use of technologies and innovative approaches, including but not limited to comparing automatic dependent surveillance broadcast flight position data from air tour flights with weather camera imagery for the route and periodically reviewing onboard video recordings, to detect and correct operating practices that may lead to unacceptable weather-related risky behavior. (A 22 17) (See section 2.6)

• Issue and periodically update a special airworthiness information bulletin that lists newly manufactured helicopters that are equipped with features likely to reduce accidents resulting from inadvertent encounters with instrument meteorological conditions, describes retrofit options for helicopters that do not have such equipment, and encourages the voluntary integration of these safety features. (A-22-18) (See section 2.8.1)

In addition, the NTSB reiterates the following recommendations to the FAA:

• Require all existing turbine-powered, nonexperimental, nonrestricted-category aircraft that are not equipped with a flight data recorder or cockpit voice recorder and are operating under 14 Code of Federal Regulations Parts 91, 121, or 135 to be retrofitted with a crash-resistant flight recorder system. The crash resistant flight recorder system should record cockpit audio and images with a view of the cockpit environment to include as much of the outside view as possible, and parametric data per aircraft and system installation, all as specified in Technical Standard Order C197, “Information Collection and Monitoring Systems.” (A-13-13) (See section 2.7)

• Initiate an aviation weather camera program in Hawaii that includes the installation and maintenance of aviation weather cameras at critical locations in Hawaii. Establish public access to these aviation weather cameras’ real-time imagery. (A-13-25) (See section 2.4.1) • Equip flight service station specialists responsible for Hawaii and the continental United States with the technical capabilities and training to provide verbal preflight and en route briefings using aviation weather camera imagery. (A-13-27) (See section 2.4.1) • Require all 14 Code of Federal Regulations Part 135 operators to install flight data recording devices capable of supporting a flight data monitoring program.

(A-16-34) (See section 2.5.3) • After the action in Safety Recommendation A-16-34 is completed, require all 14 Code of Federal Regulations Part 135 operators to establish a structured flight data monitoring program that re