The FAA today released a Notice of Proposed Rule Making (NPRM), the first step in establishing new rules and regulations, regarding commercial and EMS helicopter operations. The NPRM is the first step in addressing the concerns and recommendations made by the National Transportation Safety Board over the past few years after multiple, highly publicized helicopter accidents involving EMS services, most of them fatal.
According to the FAA press release, helicopters would be required to be outfitted with a Helicopter Terrain Awareness and Warning System as well as a light-weight aircraft recording system (LARS). The LARS would be similar to the flight recorders on commercial airliners but made specifically for small aircraft.
Other rules, as noted in the FAA Press Release below, would make helicopter pilots apply by the pilot flight time limits and rest requirements of Part 135 as it applies to commercial aviation. Operators would also need to modify their weather minimums for flights when looking if weather conditions such as fog or rain should ground operations. Pilots would need to receive additional training on inadvertent flight into instrument conditions and recovering from it.
According to the FAA, 'from 1992 through 2009, 135 helicopter air ambulance accidents claimed 126 lives. From 1994 through 2008, there were also 75 commercial helicopter accidents (excluding air ambulances) that resulted in 88 fatalities.'
The NPRM starts the public comment process that allows anyone to comment on the proposed rules and to allow the FAA to consider modifications, additions or subtractions from the proposed rule. The comment period will be open until January 10, 2011.
Full Text of FAA press release:
For Immediate Release
October 7, 2010
Contact: Alison Duquette
Phone: 202-267-3883WASHINGTON–The U.S. Department of Transportation’s Federal Aviation Administration (FAA) today proposed broad new rules for helicopter operators, including air ambulances, which, if finalized, would require stricter flight rules and procedures, improved communications and training, and additional on-board safety equipment.
“This is a significant proposal that will improve the safety of many helicopter flights in the United States,” said Transportation Secretary Ray LaHood. “The FAA’s initiatives have helped the helicopter industry make progress on many safety issues, but it’s time to take steps towards mandating these major safety improvements.”
Under the proposed rules, operators would use the latest on-board technology and equipment to avoid terrain and obstacles. The proposal also contains provisions which, if finalized, would require operators to use enhanced procedures for flying in challenging weather, at night, and when landing in remote locations.
“We can prevent accidents by preparing pilots and equipping helicopters for all of the unique flying conditions they encounter,” said FAA Administrator Randy Babbitt. “These new rules are designed to protect passengers, patients, medical personnel, and pilots.”
The FAA document includes new proposals covering a variety of helicopter operators.
The proposed rules would require air ambulance operators to:
- Equip with Helicopter Terrain Awareness and Warning Systems (HTAWS).
- The proposal seeks comments on requirements for light-weight aircraft recording systems (LARS).
- Conduct operations under Part 135, including flight crew time limitation and rest requirements, when medical personnel are on board.
- Establish operations control centers if they are certificate holders with 10 or more helicopter air ambulances.
- Institute pre-flight risk-analysis programs.
- Conduct safety briefings for medical personnel.
- Amend their operational requirements to include Visual Flight Rules (VFR) weather minimums, Instrument Flight Rules (IFR) operations at airports/heliports without weather reporting, procedures for VFR approaches, and VFR flight planning.
- Ensure their pilots in command hold an instrument rating.
Under the proposal, all commercial helicopter operators would be required to:
- Revise IFR alternate airport weather minimums.
- Demonstrate competency in recovery from inadvertent instrument meteorological conditions.
- Equip their helicopters with radio altimeters.
- Change the definition of “extended over-water operation” and require additional equipment for these operations.
The proposed rules would require all Part 135 aircraft, i.e. helicopter and fixed wing on-demand operators, to:
- Prepare a load manifest.
- Transmit a copy of load manifest documentation to their base of operations, in lieu of preparing a duplicate copy.
- Specify requirements for retaining a copy of the load manifest in the event that the documentation is destroyed in an aircraft accident.
In addition, the proposal would require Part 91 general aviation helicopter operators to revise the VFR weather minimums.
Since August 2004, the FAA has promoted initiatives to reduce risk for helicopter air ambulance operations. While accidents did decline in 2005 and 2006, 2008 proved to be the deadliest year on record with six accidents that claimed 24 lives. Overall, from 1992 through 2009, 135 helicopter air ambulance accidents claimed 126 lives. From 1994 through 2008, there were also 75 commercial helicopter accidents (excluding air ambulances) that resulted in 88 fatalities.
The estimated cost of the proposal in present value for the air ambulance industry is $136 million with a total benefit of $160 million over 10 years. The cost for other commercial operators is $89 million with a total benefit of $115 million over 10 years.
The Notice of Proposed Rulemaking is on display at the Federal Registerat www.archives.gov?federal-register. It’s also available athttp://www.faa.gov/regulations_policies/rulemaking/recently_published/ and will be published in the Federal Register on October 12. A fact sheet on the FAA’s past initiatives is available atwww.faa.gov/news/fact_sheets
The 90-day public comment period closes on January 10, 2011.
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