Tuesday, March 23, 2021

New York City Helicopter Crash Exposes Deadly Loophole for Aerial Sightseeing

  


The five people who signed up for a helicopter sightseeing flight above New York City three years ago might have expected that aviation regulators were looking after their safety.

But the reality of that fatal flight on March 11, 2018, was very different. The operator had declared that it was an “aerial photography” flight that made it exempt from stricter commercial rules.

After the aircraft lost power and splashed down in the East River, all five drowned because they were tethered into the seats with restraints that hadn’t been approved for safety, investigators concluded.

They were among more than 40 people killed since 2016 in air tours and other flights-for-hire that are exempt from commercial aviation safety rules, the U.S. National Transportation Safety Board said at a meeting Tuesday. The NTSB issued six recommendations for tighter rules over such flights that operate commercially and reiterated three earlier recommendations.

Typically, carrying passengers for hire triggers more government oversight, said NTSB Chairman Robert Sumwalt, “that is, unless you get an exception, an exemption, an omission or an exploitation of a loophole in the regulations.”

The flights include World War II aircraft, hot-air balloons, planes carrying parachutists and some air tours, according to the NTSB.

“I think the public in general would be really surprised by what is required of these operations and not required,” NTSB board member Jennifer Homendy said.

Unlike typical commercial operations, these flights that fall through the regulatory cracks don’t have to have approved maintenance or pilot training programs. There also aren’t rules for drug and alcohol testing or limits on how long a pilot can work each day.

Paid sightseeing trips aboard gliders are treated as if they are lightly regulated private flights because there are no federal regulations governing them, the NTSB said.

In addition to the 2018 helicopter crash, multiple cases illustrate the loopholes, according to NTSB records:

On Oct. 2, 2019, a 75-year-old B-17 bomber crashed in Windsor Locks, Connecticut, killing seven people. Because it was a historic aircraft, the operator had an exemption from the normal Federal Aviation Administration commercial rules and had had little or no contact with agency inspectors in the two years before the crash.

A hot-air balloon crashed near Lockhart, Texas, on July 30, 2016, killing all 16 people aboard in the deadliest U.S. aviation accident since 2009. The pilot had multiple health problems that should have prevented him from flying and had taken prohibited drugs, but balloon pilots are exempt from receiving medical checks most others must get.

A turboprop carrying parachute jumpers slammed into the ground shortly after takeoff from an airport in Mokuleia, Hawaii, on June 21, 2019, killing all 11 people aboard. Even though the parachutists had paid for the flight, it was regulated as if it were being operated by a private pilot.

A pilot and his passenger died on Oct. 21, 2017, in Four Corners, California, after losing control during a “Top Gun” acrobatic demonstration. Normally, such flights would be considered commercial and subject to higher FAA scrutiny, but this one was being operated under an exception for “flight training.”

The FAA, which is charged with regulating the aviation industry and ensuring safety, is crafting new regulations to tighten oversight of balloon pilots and to require more rigorous internal safety organizations for all operators carrying passengers for hire, it said in an emailed statement. After the New York helicopter accident, it also imposed new restrictions on photography flights.

“The FAA has a number of initiatives under way to improve safety” and has worked closely with NTSB on the issue, it said.

The agency has at times faced challenges. A 2018 law setting policy for the FAA required the agency to “streamline” how it approves flights operated by private owners, which includes many of the cases being reviewed by NTSB.

The NTSB is calling on the FAA to take multiple steps to tighten its oversight of companies operating in the less regulated sphere while carrying passengers for hire.

The recommendations call on FAA to identify and close loopholes, develop standards for all operators carrying passengers for hire, give more training and guidance to its safety inspectors and create a database tracking such operations.

Investigators said they don’t want to force small tour operators to shut down or to become regulated as if they were a large commercial airline or charter group. Instead, the FAA should consider creating a new level of regulation appropriate for operations that currently fall through the cracks, said Elliott Simpson, an investigator who led the NTSB review.

The safety board also doesn’t want to add new oversight to flight schools or the thousands of private pilots, Simpson said.

The FAA and other entities receiving recommendations have no legal obligation to follow them, but they must respond and the suggestions often lead to changes.




Eurocopter AS 350B2 Ecureuil, N350LH:   Fatal accident occurred March 11, 2018  in  New York, New York  

Aviation Accident Final Report - National Transportation Safety Board

Investigation Docket - National Transportation Safety Board:


The National Transportation Safety Board traveled to the scene of this accident.

Additional Participating Entities: 

Federal Aviation Administration Accident Investigation & Prevention FAA / AVP-100; Washington, District of Columbia
Airbus Helicopters; Grand Prairie, Texas
SAFRAN Helicopter Engines; Grand Prairie, Texas
BEA; Le Bourget, FN
Liberty Helicopters Inc.; Kearny, New Jersey
NYONair; Kearny, New Jersey 
Dart Aerospace; San Diego, California 
Transportation Safety Board of Canada; Ottawa 
Transport Canada; Ottawa 
EuroTec Canada Ltd; Millgrove, Ontario 
European Aviation Safety Agency; Cologne, Germany 

Location: New York, NY
Accident Number: ERA18MA099
Date & Time: 03/11/2018, 1908 EDT
Registration: N350LH
Aircraft: AMERICAN EUROCOPTER CORP AS350B2
Aircraft Damage: Substantial
Defining Event: Miscellaneous/other
Injuries: 5 Fatal, 1 Minor
Flight Conducted Under: Part 91: General Aviation - Other Work Use - Sightseeing

Analysis 

The Safety Board's full report is available at http://www.ntsb.gov/investigations/AccidentReports/Pages/aviation.aspx. The Aircraft Accident Report number is NTSB/AAR-19/04.

On March 11, 2018, about 1908 eastern daylight time, an Airbus Helicopters AS350 B2, N350LH, lost engine power during cruise flight, and the pilot performed an autorotative descent and ditching on the East River in New York, New York. The pilot sustained minor injuries, the five passengers drowned, and the helicopter was substantially damaged. The FlyNYON-branded flight was operated by Liberty Helicopters Inc. (Liberty), per a contractual agreement with NYONair; both companies considered the flight to be an aerial photography flight operated under the provisions of Title 14 Code of Federal Regulations (CFR) Part 91. (During this accident investigation, the Federal Aviation Administration determined that Liberty operated the flight as a nonstop commercial air tour under 14 CFR Part 91.) Visual flight rules weather conditions prevailed, and no flight plan was filed for the intended 30-minute local flight, which departed from Helo Kearny Heliport, Kearny, New Jersey, about 1850. 

Probable Cause and Findings

The National Transportation Safety Board determines the probable cause(s) of this accident to be:
Liberty Helicopters Inc.'s use of a NYONair-provided passenger harness/tether system, which caught on and activated the floor-mounted engine fuel shutoff lever and resulted in the in-flight loss of engine power and the subsequent ditching. Contributing to this accident were (1) Liberty's and NYONair's deficient safety management, which did not adequately mitigate foreseeable risks associated with the harness/tether system interfering with the floor-mounted controls and hindering passenger egress; (2) Liberty allowing NYONair to influence the operational control of Liberty's FlyNYON flights; and (3) the Federal Aviation Administration's inadequate oversight of Title 14 Code of Federal Regulations Part 91 revenue passenger-carrying operations. Contributing to the severity of the accident were (1) the rapid capsizing of the helicopter due to partial inflation of the emergency flotation system and (2) Liberty and NYONair's use of the harness/tether system that hindered passenger egress.

Findings

Aircraft
Flight compartment equipment - Design (Cause)
Fuel selector/shutoff valve - Unintentional use/operation (Cause)
Emergency floatation section - Design (Factor)
Passenger compartment equip - Unnecessary use/operation (Factor)

Organizational issues
Safety - Operator (Factor)
Adherence to safety program - Operator (Factor)
Oversight of operation - Operator (Factor)
Safety - Other institution/organization (Factor)
Availability of safety program - Other institution/organization (Factor)
Oversight of operation - FAA/Regulator (Factor)
Regulatory requirements - FAA/Regulator (Factor)
Adequacy of policy/proc - FAA/Regulator (Factor)

Factual Information 

The Safety Board's full report is available at http://www.ntsb.gov/investigations/AccidentReports/Pages/aviation.aspx. The Aircraft Accident Report number is NTSB/AAR-19/04.

On March 11, 2018, about 1908 eastern daylight time, an Airbus Helicopters AS350 B2, N350LH, lost engine power during cruise flight, and the pilot performed an autorotative descent and ditching on the East River in New York, New York. The pilot sustained minor injuries, the five passengers drowned, and the helicopter was substantially damaged. The FlyNYON-branded flight was operated by Liberty Helicopters Inc. (Liberty), per a contractual agreement with NYONair; both companies considered the flight to be an aerial photography flight operated under the provisions of Title 14 Code of Federal Regulations (CFR) Part 91. (During this accident investigation, the Federal Aviation Administration determined that Liberty operated the flight as a nonstop commercial air tour under 14 CFR Part 91.) Visual flight rules weather conditions prevailed, and no flight plan was filed for the intended 30-minute local flight, which departed from Helo Kearny Heliport, Kearny, New Jersey, about 1850. 

History of Flight

Prior to flight
Miscellaneous/other (Defining event)

Maneuvering
Fuel starvation
Loss of engine power (total)

Emergency descent
Attempted remediation/recovery
Off-field or emergency landing

Landing
Roll over

After landing
Evacuation
Miscellaneous/other 

Pilot Information

Certificate: Flight Instructor; Commercial
Age: 33, Male
Airplane Rating(s): None
Seat Occupied: Right
Other Aircraft Rating(s): Helicopter
Restraint Used:
Instrument Rating(s): Helicopter
Second Pilot Present: No
Instructor Rating(s): Helicopter; Instrument Helicopter
Toxicology Performed: Yes
Medical Certification: Class 2 Without Waivers/Limitations
Last FAA Medical Exam: 07/27/2017
Occupational Pilot: Yes
Last Flight Review or Equivalent: 02/21/2018
Flight Time:  (Estimated) 3100 hours (Total, all aircraft), 1430 hours (Total, this make and model), 3020 hours (Pilot In Command, all aircraft), 57 hours (Last 90 days, all aircraft), 33 hours (Last 30 days, all aircraft), 2 hours (Last 24 hours, all aircraft)

Aircraft and Owner/Operator Information

Aircraft Make: AMERICAN EUROCOPTER CORP
Registration: N350LH
Model/Series: AS350B2
Aircraft Category: Helicopter
Year of Manufacture: 2013
Amateur Built: No
Airworthiness Certificate: Normal
Serial Number: 7654
Landing Gear Type: Emergency Float; High Skid
Seats: 7
Date/Type of Last Inspection: 03/06/2018, 100 Hour
Certified Max Gross Wt.: 4961 lbs
Time Since Last Inspection: 14 Hours
Engines: 1 Turbo Shaft
Airframe Total Time: 5510.2 Hours at time of accident
Engine Manufacturer: Turbomeca
ELT: C126 installed, not activated
Engine Model/Series: Arriel 1D1
Registered Owner: MERIDIAN CONSULTING CORP INC
Rated Power: 712 hp
Operator: LIBERTY HELICOPTERS INC
Operating Certificate(s) Held: Certificate of Authorization or Waiver (COA); On-demand Air Taxi (135)
Operator Does Business As:
Operator Designator Code: OEMJ

Meteorological Information and Flight Plan

Conditions at Accident Site: Visual Conditions
Condition of Light: Dusk
Observation Facility, Elevation: LGA, 21 ft msl
Distance from Accident Site: 3 Nautical Miles
Observation Time: 1914 EDT
Direction from Accident Site: 88°
Lowest Cloud Condition: Scattered / 250 ft agl
Visibility:  10 Miles
Lowest Ceiling: None
Visibility (RVR):
Wind Speed/Gusts: 7 knots /
Turbulence Type Forecast/Actual: / None
Wind Direction: 330°
Turbulence Severity Forecast/Actual: / N/A
Altimeter Setting: 30.06 inches Hg
Temperature/Dew Point: 7°C / -6°C
Precipitation and Obscuration: No Obscuration; No Precipitation
Departure Point: KEARNY, NJ (65NJ)
Type of Flight Plan Filed: Company VFR
Destination: KEARNY, NJ (65NJ)
Type of Clearance: Traffic Advisory; VFR Flight Following
Departure Time: 1850 EDT
Type of Airspace: Air Traffic Control; Class B 

Wreckage and Impact Information

Crew Injuries: 1 Minor
Aircraft Damage: Substantial
Passenger Injuries: 5 Fatal
Aircraft Fire: None
Ground Injuries: N/A
Aircraft Explosion: None
Total Injuries: 5 Fatal, 1 Minor
Latitude, Longitude: 40.775556, -73.940000

2 comments:

  1. I usually advise anyone close to me to pass on these types of operations for the very reasons outlined in this article. Getting a view from above, however amazing, is not worth their life.

    ReplyDelete