83 FR 12856 - ``Doors-off'' and ``Open-door'' Flight Prohibition: Emergency Restriction/Prohibition Order
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration Federal Register Volume 83, Issue 58 (March 26, 2018)
Federal Aviation Administration
Federal Register Volume 83, Issue 58 (March 26, 2018)
| Page Range | 12856-12857 | |
| FR Document | 2018-06096 |
[Federal Register Volume 83, Number 58 (Monday, March 26, 2018)] [Rules and Regulations] [Pages 12856-12857] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06096] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![12856 Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Rules and Regulations
(3) Service information identified in this compensation or hire with the doors the piloting of an aircraft, with or
AD that is not incorporated by reference is open or removed in the United States or without right of legal control.
available at the addresses specified in using aircraft registered in the United Supplemental passenger restraint
paragraphs (o)(3) and (o)(4) of this AD. States for doors off flights. The systems, such as the harness system
(o) Material Incorporated by Reference Emergency Order prohibits the use of used by the operator of the helicopter
(1) The Director of the Federal Register supplemental passenger restraint involved in the March 11, 2018,
approved the incorporation by reference systems that cannot be released quickly accident, can significantly delay or
(IBR) of the service information listed in this in an emergency in doors off flight prevent passengers from exiting the
paragraph under 5 U.S.C. 552(a) and 1 CFR operations. It also prohibits passenger- aircraft in an emergency. Effective
part 51. carrying doors off flight operations immediately, the use of supplemental
(2) You must use this service information unless the passengers are at all times passenger restraint systems in doors off
as applicable to do the actions required by properly secured using FAA-approved flight operations for compensation or
this AD, unless this AD specifies otherwise. hire is prohibited. The term
(i) Airbus Service Bulletin A320–34–1656,
restraints.
‘‘supplemental passenger restraint
Revision 01, dated September 6, 2017. DATES: The Emergency Order of
(ii) Airbus Service Bulletin A320–34–1657,
system’’ means any passenger restraint
Prohibition is effective March 22, 2018.
Revision 01, dated September 6, 2017. that is not installed on the aircraft
FOR FURTHER INFORMATION CONTACT: Jodi pursuant to an FAA approval, including
(iii) Airbus Service Bulletin A330–34–
Baker, Acting Deputy Director, Office of (but not limited to) restraints approved
3342, Revision 01, dated November 13, 2017.
(iv) Airbus Service Bulletin A340–34– Safety Standards, Federal Aviation through a Type Certificate,
4304, dated April 19, 2017. Administration, 800 Independence Supplemental Type Certificate, or as an
(v) Airbus Service Bulletin A340–34–5118, Avenue SW, Washington, DC 20591; approved major alteration using FAA
Revision 01, dated September 12, 2017. telephone: 202–267–3747; email: Form 337.
(3) For service information identified in Jodi.L.Baker@faa.gov. Persons may operate doors off flights
this AD, contact Airbus SAS, Airworthiness SUPPLEMENTARY INFORMATION: The full for compensation or hire involving
Office—EAL, 1 Rond Point Maurice Bellonte, text of Emergency Order of Prohibition supplemental passenger restraint
31707 Blagnac Cedex, France; telephone +33
5 61 93 36 96; fax +33 5 61 93 45 80; email
No. FAA–2018–0243, issued March 22, systems if the Acting Administrator has
airworthiness.A330-A340@airbus.com; 2018 is as follows: determined that the restraints to be used
internet http://www.airbus.com. This Emergency Order of Prohibition can be quickly released by a passenger
(4) You may view this service information is issued by the Federal Aviation with minimal difficulty and without
at the FAA, Transport Standards Branch, Administration (FAA) pursuant to 49 impeding egress from the aircraft in an
2200 South 216th St., Des Moines, WA. For U.S.C. 40113(a) and 46105(c). This emergency. The ability of a passenger to
information on the availability of this Order is effective immediately. This quickly release the restraint with
material at the FAA, call 206–231–3195. order is issued to all operators and minimal difficulty must be inherent to
(5) You may view this service information pilots of flights for compensation or hire the supplemental passenger restraint
that is incorporated by reference at the with the doors open or removed system. A supplemental passenger
National Archives and Records
Administration (NARA). For information on
(hereinafter, ‘‘doors off flights’’ or restraint system must not require the
the availability of this material at NARA, call ‘‘doors off flight operations’’) in the use of a knife to cut the restraint, the use
202–741–6030, or go to: http:// United States or using aircraft registered of any other additional tool, or the
www.archives.gov/federal-register/cfr/ibr- in the United States for doors off flights. assistance of any other person. A
locations.html. This Order prohibits the use of supplemental passenger restraint also
Issued in Renton, Washington, on March 2, supplemental passenger restraint must not require passenger training
2018. systems (as defined below) that cannot beyond what would be provided in a
Michael Kaszycki, be released quickly in an emergency in pre-flight briefing.
doors off flight operations. This Order Applications for a determination as to
Acting Director, System Oversight Division,
also prohibits passenger-carrying doors whether a supplemental passenger
Aircraft Certification Service.
off flight operations unless the restraint system can be quickly released
[FR Doc. 2018–05013 Filed 3–23–18; 8:45 am]
passengers are at all times properly by a passenger with minimal difficulty
BILLING CODE 4910–13–P
secured using FAA-approved restraints. may be submitted to the FAA Aircraft
Upon information derived from Certification Service, Policy and
investigation into a March 11, 2018, Innovation Division, Rotorcraft
DEPARTMENT OF TRANSPORTATION
helicopter accident on the East River Standards Branch, 10101 Hillwood
Federal Aviation Administration near New York City, New York, the Parkway, Ft. Worth, Texas 76177,
Acting Administrator has found that an Attention: Jorge Castillo, Manager
14 CFR Part 91 emergency exists related to aviation (email: Jorge.R.Castillo@faa.gov; tel:
safety and safety in air commerce and 817–222–5110). The applicant bears the
[Docket No. FAA–2018–0243] requires immediate action. For more burden of clearly and convincingly
detailed information, see ‘‘Background/ demonstrating that the supplemental
‘‘Doors-off’’ and ‘‘Open-door’’ Flight passenger restraint system can be
Basis for Order,’’ below.
Prohibition: Emergency Restriction/ quickly released by a passenger with
Prohibition Order Scope and Effect of This Order minimal difficulty and without
AGENCY: Federal Aviation This order applies to all persons impeding egress from the aircraft in an
Administration (FAA), DOT. (including, but not limited to, pilots) emergency. In reviewing any such
nshattuck on DSK9F9SC42PROD with RULES
ACTION: Notification of Emergency Order conducting doors off flights for application, the FAA shall consider the
of Prohibition. compensation or hire in the United design, manufacture, installation, and
States or using aircraft registered in the operation of the supplemental passenger
SUMMARY: This notification provides United States to conduct such restraint system.
Emergency Order of Prohibition No. operations. ‘‘Operate,’’ as defined in 14 Further, effective immediately,
FAA–2018–0243, issued March 22, 2018 CFR 1.1, means to ‘‘use, cause to use or passenger-carrying doors off flight
to all operators and pilots of flights for authorize to use’’ an aircraft, including operations for compensation or hire are
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![Federal Register / Vol. 83, No. 58 / Monday, March 26, 2018 / Rules and Regulations 12857
prohibited unless the passengers are at During the flight, the aircraft 44709(b)(1)(A); 14 CFR 13.301. An air
all times properly using FAA-approved experienced a loss of power, resulting in carrier or commercial operator violating
restraints, such as at all times occupying the aircraft impacting the East River. this Order is subject to certificate action,
an approved seat or berth and properly The aircraft subsequently rolled over, up to and including revocation. See id.
secured with a safety belt and, if and all of the passengers perished. The Air tour operators and other persons are
installed, a harness; or at all times supplemental passenger restraint subject to the rescission of any FAA-
secured by an FAA-approved systems worn by the passengers, while issued waiver or letter of authorization.
supplemental passenger restraint intended as a safety measure when the Any person failing to comply with this
system. aircraft was in flight, may have Order may be subject to a cease and
The prohibitions in this Order shall prevented the passengers’ quick egress desist order or a civil action in a United
not be construed as authorizing doors from the aircraft. States district court to ensure
off flight operations without While the fatalities on March 11, compliance. See 49 U.S.C. 44103(a),
supplemental passenger restraint 2018, involved an aircraft impacting the 46106.
systems. The operator of a doors off water, passengers could face a similar
flight remains responsible for ensuring hazard in other emergency situations, Right To Review
the safety of the aircraft and the such as an aircraft fire on the ground. Pursuant to 49 U.S.C. 46110(a), a
passengers on board, and otherwise Under 49 U.S.C. 46105(c) the Acting person with a substantial interest in this
complying with all statutes, regulations, Administrator has determined that an order ‘‘may apply for review of the order
and safety standards concerning the emergency exists related to safety in air by filing a petition for review in the
flight. commerce. This determination is based United States Court of Appeals for the
on the threat to passenger safety District of Columbia Circuit or in the
Authority and Jurisdiction
presented by the use of supplemental court of appeals of the United States in
The FAA Administrator is required to passenger restraint systems not the circuit in which the person resides
promote the safe flight of civil aircraft approved by the FAA, which may or has its principal place of business.’’
by, among other things, prescribing prevent a passenger from exiting the The petition must be filed within 60
minimum standards for practices, aircraft quickly in an emergency. days after the date of this order. 49
methods, and procedures the Accordingly, this Order is effective U.S.C. 46110(a).
Administrator finds necessary for safety immediately.
in air commerce. 49 U.S.C. 44701(a)(5). Emergency Contact Official
The FAA Administrator has authority to Duration
Direct any questions concerning this
take necessary and appropriate actions This Order remains in effect until the Emergency Order of Prohibition, to Jodi
to carry out his aviation safety duties issuance of an applicable FAA order Baker, Acting Deputy Director, Office of
and powers under part A (‘‘Air rescinding or modifying this Order. The Safety Standards, Federal Aviation
Commerce and Safety’’) of subtitle VII of Administrator will issue a rescission Administration, 800 Independence
Title 49 of the United States Code, order when there is a change in an Avenue SW, Washington, DC 20591
including conducting investigations, applicable statute or federal regulation (email: Jodi.L.Baker@faa.gov; Tel: 202–
issuing orders, and prescribing that supersedes the requirements of this 267–3747).
regulations, standards, and procedures. Order, or the Administrator otherwise
Issued in Washington, DC on March 22,
49 U.S.C. 40113(a). When the determines that the prohibitions 2018.
Administrator determines that an prescribed above are no longer
Daniel K. Elwell,
emergency exists related to safety in air necessary to address an emergency in
commerce and requires immediate air safety or air commerce. Acting Administrator.
action, the Administrator may issue While this Order remains in effect, the [FR Doc. 2018–06096 Filed 3–22–18; 4:15 pm]
immediately effective orders to meet the FAA intends to initiate a rulemaking BILLING CODE 4910–13–P
emergency. 49 U.S.C. 46105(c). that addresses operations using
supplemental passenger restraint
Background/Basis for Order systems that have not been approved by DEPARTMENT OF COMMERCE
Based on an initial investigation and the FAA.
the reliable and credible evidence National Oceanic and Atmospheric
presently available, the Acting Consequences of Failure To Comply Administration
Administrator finds that: With This Order
On March 11, 2018, civil aircraft Any person failing to comply with 50 CFR Part 648
N350LH, an Airbus Helicopters this Order is subject to a civil penalty [Docket No.: 180110025–8285–02]
AS350B2 helicopter, was operated for each flight on which they are found
‘‘doors off’’ on a flight in the vicinity of to be in violation. See 49 U.S.C. RIN 0648–BH51
New York City, New York. All 46302(a). Small business concerns and
passengers on the flight wore harness individuals (other than persons serving Fisheries of the Northeastern United
systems that allowed the passengers to as an airman) are subject to a civil States; Northern Gulf of Maine
move securely within the helicopter and penalty of up to $13,066 per flight. See Measures in Framework Adjustment 29
sit in the door sill while airborne. The 49 U.S.C. 46301(a)(5)(A)(ii); 14 CFR to the Atlantic Sea Scallop Fishery
harness systems were provided by the 13.301. Other entities are subject to a Management Plan
operator to ensure passengers did not civil penalty of up to $32,666 per flight. AGENCY: National Marine Fisheries
nshattuck on DSK9F9SC42PROD with RULES
fall out of the helicopter while moving See 49 U.S.C. 46301(a)(1)(B); 14 CFR Service (NMFS), National Oceanic and
around. Along with the supplemental 13.301. A person serving as an airman Atmospheric Administration (NOAA),
passenger restraint systems, the operator on a flight operated in violation of this Commerce.
provided knives to be used to cut Order is subject to a civil penalty of up ACTION: Final rule.
through the restraints if necessary, and to $1,437 per flight or a certificate
informed the passengers of the purpose action, up to and including revocation. SUMMARY:NMFS approves and
of the knives. See 49 U.S.C. 46301(a)(1)(B), implements those measures included in
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Document Created: 2018-03-24 01:00:01
Document Modified: 2018-03-24 01:00:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Notification of Emergency Order of Prohibition. | |
| Dates | The Emergency Order of Prohibition is effective March 22, 2018. | |
| 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] | |
| FR Citation | 83 FR 12856 |
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