``Doors-off'' and ``Open-door'' Flight Prohibition: Emergency Restriction/Prohibition Order, 12856-12857 [2018-06096]

Agencies

• Federal Aviation Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 83, Number 58 (Monday, March 26, 2018)]
[Rules and Regulations]
[Pages 12856-12857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06096]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No. FAA-2018-0243]


``Doors-off'' and ``Open-door'' Flight Prohibition: Emergency 
Restriction/Prohibition Order

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notification of Emergency Order of Prohibition.

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SUMMARY: This notification provides Emergency Order of Prohibition No. 
FAA-2018-0243, issued March 22, 2018 to all operators and pilots of 
flights for compensation or hire with the doors open or removed in the 
United States or using aircraft registered in the United States for 
doors off flights. The Emergency Order prohibits the use of 
supplemental passenger restraint systems that cannot be released 
quickly in an emergency in doors off flight operations. It also 
prohibits passenger-carrying doors off flight operations unless the 
passengers are at all times properly secured using FAA-approved 
restraints.

DATES: The Emergency Order of Prohibition is effective March 22, 2018.

FOR FURTHER INFORMATION CONTACT: Jodi Baker, Acting Deputy Director, 
Office of Safety Standards, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591; telephone: 202-267-3747; 
email: [email protected].

SUPPLEMENTARY INFORMATION: The full text of Emergency Order of 
Prohibition No. FAA-2018-0243, issued March 22, 2018 is as follows:
    This Emergency Order of Prohibition is issued by the Federal 
Aviation Administration (FAA) pursuant to 49 U.S.C. 40113(a) and 
46105(c). This Order is effective immediately. This order is issued to 
all operators and pilots of flights for compensation or hire with the 
doors open or removed (hereinafter, ``doors off flights'' or ``doors 
off flight operations'') in the United States or using aircraft 
registered in the United States for doors off flights. This Order 
prohibits the use of supplemental passenger restraint systems (as 
defined below) that cannot be released quickly in an emergency in doors 
off flight operations. This Order also prohibits passenger-carrying 
doors off flight operations unless the passengers are at all times 
properly secured using FAA-approved restraints.
    Upon information derived from investigation into a March 11, 2018, 
helicopter accident on the East River near New York City, New York, the 
Acting Administrator has found that an emergency exists related to 
aviation safety and safety in air commerce and requires immediate 
action. For more detailed information, see ``Background/Basis for 
Order,'' below.

Scope and Effect of This Order

    This order applies to all persons (including, but not limited to, 
pilots) conducting doors off flights for compensation or hire in the 
United States or using aircraft registered in the United States to 
conduct such operations. ``Operate,'' as defined in 14 CFR 1.1, means 
to ``use, cause to use or authorize to use'' an aircraft, including the 
piloting of an aircraft, with or without right of legal control.
    Supplemental passenger restraint systems, such as the harness 
system used by the operator of the helicopter involved in the March 11, 
2018, accident, can significantly delay or prevent passengers from 
exiting the aircraft in an emergency. Effective immediately, the use of 
supplemental passenger restraint systems in doors off flight operations 
for compensation or hire is prohibited. The term ``supplemental 
passenger restraint system'' means any passenger restraint that is not 
installed on the aircraft pursuant to an FAA approval, including (but 
not limited to) restraints approved through a Type Certificate, 
Supplemental Type Certificate, or as an approved major alteration using 
FAA Form 337.
    Persons may operate doors off flights for compensation or hire 
involving supplemental passenger restraint systems if the Acting 
Administrator has determined that the restraints to be used can be 
quickly released by a passenger with minimal difficulty and without 
impeding egress from the aircraft in an emergency. The ability of a 
passenger to quickly release the restraint with minimal difficulty must 
be inherent to the supplemental passenger restraint system. A 
supplemental passenger restraint system must not require the use of a 
knife to cut the restraint, the use of any other additional tool, or 
the assistance of any other person. A supplemental passenger restraint 
also must not require passenger training beyond what would be provided 
in a pre-flight briefing.
    Applications for a determination as to whether a supplemental 
passenger restraint system can be quickly released by a passenger with 
minimal difficulty may be submitted to the FAA Aircraft Certification 
Service, Policy and Innovation Division, Rotorcraft Standards Branch, 
10101 Hillwood Parkway, Ft. Worth, Texas 76177, Attention: Jorge 
Castillo, Manager (email: [email protected]; tel: 817-222-5110). 
The applicant bears the burden of clearly and convincingly 
demonstrating that the supplemental passenger restraint system can be 
quickly released by a passenger with minimal difficulty and without 
impeding egress from the aircraft in an emergency. In reviewing any 
such application, the FAA shall consider the design, manufacture, 
installation, and operation of the supplemental passenger restraint 
system.
    Further, effective immediately, passenger-carrying doors off flight 
operations for compensation or hire are

[[Page 12857]]

prohibited unless the passengers are at all times properly using FAA-
approved restraints, such as at all times occupying an approved seat or 
berth and properly secured with a safety belt and, if installed, a 
harness; or at all times secured by an FAA-approved supplemental 
passenger restraint system.
    The prohibitions in this Order shall not be construed as 
authorizing doors off flight operations without supplemental passenger 
restraint systems. The operator of a doors off flight remains 
responsible for ensuring the safety of the aircraft and the passengers 
on board, and otherwise complying with all statutes, regulations, and 
safety standards concerning the flight.

Authority and Jurisdiction

    The FAA Administrator is required to promote the safe flight of 
civil aircraft by, among other things, prescribing minimum standards 
for practices, methods, and procedures the Administrator finds 
necessary for safety in air commerce. 49 U.S.C. 44701(a)(5). The FAA 
Administrator has authority to take necessary and appropriate actions 
to carry out his aviation safety duties and powers under part A (``Air 
Commerce and Safety'') of subtitle VII of Title 49 of the United States 
Code, including conducting investigations, issuing orders, and 
prescribing regulations, standards, and procedures. 49 U.S.C. 40113(a). 
When the Administrator determines that an emergency exists related to 
safety in air commerce and requires immediate action, the Administrator 
may issue immediately effective orders to meet the emergency. 49 U.S.C. 
46105(c).

Background/Basis for Order

    Based on an initial investigation and the reliable and credible 
evidence presently available, the Acting Administrator finds that:
    On March 11, 2018, civil aircraft N350LH, an Airbus Helicopters 
AS350B2 helicopter, was operated ``doors off'' on a flight in the 
vicinity of New York City, New York. All passengers on the flight wore 
harness systems that allowed the passengers to move securely within the 
helicopter and sit in the door sill while airborne. The harness systems 
were provided by the operator to ensure passengers did not fall out of 
the helicopter while moving around. Along with the supplemental 
passenger restraint systems, the operator provided knives to be used to 
cut through the restraints if necessary, and informed the passengers of 
the purpose of the knives.
    During the flight, the aircraft experienced a loss of power, 
resulting in the aircraft impacting the East River. The aircraft 
subsequently rolled over, and all of the passengers perished. The 
supplemental passenger restraint systems worn by the passengers, while 
intended as a safety measure when the aircraft was in flight, may have 
prevented the passengers' quick egress from the aircraft.
    While the fatalities on March 11, 2018, involved an aircraft 
impacting the water, passengers could face a similar hazard in other 
emergency situations, such as an aircraft fire on the ground.
    Under 49 U.S.C. 46105(c) the Acting Administrator has determined 
that an emergency exists related to safety in air commerce. This 
determination is based on the threat to passenger safety presented by 
the use of supplemental passenger restraint systems not approved by the 
FAA, which may prevent a passenger from exiting the aircraft quickly in 
an emergency. Accordingly, this Order is effective immediately.

Duration

    This Order remains in effect until the issuance of an applicable 
FAA order rescinding or modifying this Order. The Administrator will 
issue a rescission order when there is a change in an applicable 
statute or federal regulation that supersedes the requirements of this 
Order, or the Administrator otherwise determines that the prohibitions 
prescribed above are no longer necessary to address an emergency in air 
safety or air commerce.
    While this Order remains in effect, the FAA intends to initiate a 
rulemaking that addresses operations using supplemental passenger 
restraint systems that have not been approved by the FAA.

Consequences of Failure To Comply With This Order

    Any person failing to comply with this Order is subject to a civil 
penalty for each flight on which they are found to be in violation. See 
49 U.S.C. 46302(a). Small business concerns and individuals (other than 
persons serving as an airman) are subject to a civil penalty of up to 
$13,066 per flight. See 49 U.S.C. 46301(a)(5)(A)(ii); 14 CFR 13.301. 
Other entities are subject to a civil penalty of up to $32,666 per 
flight. See 49 U.S.C. 46301(a)(1)(B); 14 CFR 13.301. A person serving 
as an airman on a flight operated in violation of this Order is subject 
to a civil penalty of up to $1,437 per flight or a certificate action, 
up to and including revocation. See 49 U.S.C. 46301(a)(1)(B), 
44709(b)(1)(A); 14 CFR 13.301. An air carrier or commercial operator 
violating this Order is subject to certificate action, up to and 
including revocation. See id. Air tour operators and other persons are 
subject to the rescission of any FAA-issued waiver or letter of 
authorization. Any person failing to comply with this Order may be 
subject to a cease and desist order or a civil action in a United 
States district court to ensure compliance. See 49 U.S.C. 44103(a), 
46106.

Right To Review

    Pursuant to 49 U.S.C. 46110(a), a person with a substantial 
interest in this order ``may apply for review of the order by filing a 
petition for review in the United States Court of Appeals for the 
District of Columbia Circuit or in the court of appeals of the United 
States in the circuit in which the person resides or has its principal 
place of business.'' The petition must be filed within 60 days after 
the date of this order. 49 U.S.C. 46110(a).

Emergency Contact Official

    Direct any questions concerning this Emergency Order of 
Prohibition, to Jodi Baker, Acting Deputy Director, Office of Safety 
Standards, Federal Aviation Administration, 800 Independence Avenue SW, 
Washington, DC 20591 (email: [email protected]; Tel: 202-267-3747).

    Issued in Washington, DC on March 22, 2018.
Daniel K. Elwell,
Acting Administrator.
[FR Doc. 2018-06096 Filed 3-22-18; 4:15 pm]
BILLING CODE 4910-13-P