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Safety Recommendation Details

Safety Recommendation A-07-023
Details
Synopsis: On September 24, 2004, about 1642 Hawaiian standard time, a Bell 206B helicopter, N16849, registered to and operated by Bali Hai Helicopter Tours, Inc., of Hanapepe, Hawaii, impacted mountainous terrain in Kalaheo, Hawaii, on the island of Kauai, 8.4 miles northeast of Port Allen Airport in Hanapepe. The commercial pilot and the four passengers were killed, and the helicopter was destroyed by impact forces and postimpact fire. The nonstop sightseeing air tour flight was operated under the provisions of 14 Code of Federal Regulations (CFR) Part 91 and visual flight rules (VFR) with no flight plan filed. Instrument meteorological conditions (IMC) prevailed near the accident site.
Recommendation: TO THE FEDERAL AVIATION ADMINISTRATION: Reevaluate the altitude restrictions in the State of Hawaii to determine if they may have resulted in any unintended degradation of safety with regard to weather-related accidents and fatalities.
Original recommendation transmittal letter: PDF
Overall Status: Closed - Acceptable Action
Mode: Aviation
Location: Kalaheo, HI, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: LAX04FA329
Accident Reports: Weather Encounter and Subsequent Collision into Terrain, Bali Hai Helicopter Tours, Inc., Bell 206B, N16849
Report #: AAR-07-03
Accident Date: 9/24/2004
Issue Date: 2/27/2007
Date Closed: 10/27/2009
Addressee(s) and Addressee Status: FAA (Closed - Acceptable Action)
Keyword(s): Procedures, Weather

Safety Recommendation History
From: NTSB
To: FAA
Date: 10/27/2009
Response: The FAA conducted the recommended evaluation and included a copy of its report Has SFAR 71 Inadvertently Degraded Safety in the Hawaiian Air Tour Industry? The NTSB reviewed the report, including its finding that the altitude restrictions on air tour operators has not degraded safety in regards to weather-related accidents and fatalities. The FAA has completed the action recommended; consequently Safety Recommendation A-07-23 is classified CLOSED—ACCEPTABLE ACTION.

From: FAA
To: NTSB
Date: 12/2/2008
Response: Letter Mail Controlled 12/29/2008 11:35:13 AM MC# 2080751: Robert A. Sturgell, Acting Administrator, FAA, 12/2/08 As requested by the Board, we reevaluated the altitude restrictions imposed on air tour operators conducting sight seeing and commercial air tour flights in the state of Hawaii under the deviation authority granted through 14 CFR part 136, appendix A, section 6. We determined that safety has not been degraded in regards to weather related accidents and fatalities. A copy of this report, Has SFAR 71 Inadvertently Degraded Safety in the Hawaiian Air Tour Industry? (enclosure 4) is provided for the Board’s review. I believe that the FAA has effectively addressed this safety recommendation, and I consider our actions complete.

From: NTSB
To: FAA
Date: 12/4/2007
Response: The FAA replied that the Honolulu FSDO will, in conjunction with the Hawaiian commercial air tour operators, reevaluate the altitude restrictions currently allowed by deviation in Part 136, Appendix A, section 6. The reevaluation will determine whether the current altitude restrictions have resulted in any unintended degradation of safety. The Safety Board would appreciate the opportunity to review any reports or other documentation describing the evaluation and its results. Pending completion of the evaluation, and the Board’s review of the results, Safety Recommendation A-07-23 is classified OPEN—ACCEPTABLE RESPONSE.

From: FAA
To: NTSB
Date: 5/17/2007
Response: Letter Mail Controlled 5/31/2007 8:30:30 AM MC# 2070237:Marion C. Blakey, Administrator, FAA, 5/17/07 The FAA’s Flight Standards Service in headquarters will ask the Honolulu Flight Standards District Office to work with the Hawaiian commercial air tour operators and reevaluate the altitude restrictions currently allowed by deviation in 14 CFR part 136, Appendix A, section 6. The reevaluation will determine if the current altitude restrictions have resulted in unintended degradation of safety.