Representative Ed Case

We are all painfully aware that, with the return of mass tourism to Hawaiʻi, our skies are once again cluttered with unsafe and disruptive business-as-usual commercial tour helicopter and small aircraft operations. Judging from the again-increasing complaints to me and my office and from the many deferred and unresolved issues, we cannot depend on the operators to self-regulate nor on the Federal Aviation Administration (FAA) to devote any real time and effort to widespread community concerns. This is to re-engage with you on our mutual concern, update you on my actions, ask for any information or guidance you can provide, and request your continued partnership toward our goal of full and effective regulation of an industry which should not be allowed to continue as presently operated. First, to try to summarize current complaints and issues (focusing on O‘ahu, though the same complaints persist on other islands): Severe safety concerns with operations, for both passengers and crew and people and property on the ground, continue with ongoing crashes. The National Transportation Safety Board (NTSB), which is responsible for identifying the cause of crashes and for making recommendations to improve safety but has no direct regulatory authority, has increased its statements of concern and frustration with the failure of the FAA to fully focus on safety-related regulations and improvements.The operators continue to fly over communities and other populated areas even where an easy out-to-sea and less disruptive route is available. On O‘ahu, this is especially true (and obvious from any review of a live online app like Flightradar 24) of communities like Hawaiʻi Kai, Waimānalo, Kailua, Kāne‘ohe, the North Shore and around Pearl Harbor.The operators continue to violate the basic requirement of a minimum altitude above actual ground level (not sea level), especially in higher communities like Central O‘ahu.Some operators continue to refuse to turn on their ADS-B, meaning that they cannot be tracked in real time and there is no link from a complaint back to a specific aircraft and company.The operators continue to violate the agreed airspace limitations around Pearl Harbor and its historic sites like the Arizona Memorial, disrupting the security and sanctity of these sites.The operators continue to fly or hover over and circle other special and solemn sites like the National Memorial Cemetery of the Pacific at Punchbowl. In one recent occurrence, a veteran’s burial was completely disrupted by a tour helicopter hovering and circling overhead. When my office complained to the FAA on behalf of the family, we were told that next time a family should alert the FAA in advance to ask helicopters not to fly over during the ceremony. That burden should not be on visitors and families at Punchbowl; aircraft, especially commercial tour helicopters, should not fly over or around Punchbowl at all.The operators have increasingly violated what has been at least some understanding that they would cease operations before 8am and after 5 or 6pm to at least avoid disturbing communities in the earlier part of the morning and later part of the afternoon into the evening. To review these complaints, I checked out some recent days over the last few weeks on my own Flightradar 24 and found the following: August 5, 6:25pm, two still flying (N357MH and N506CD, N357MH was still flying at 7:28pm); August 15, 6:31pm (N506CD again); August 18, 6:52pm (unidentified because specific identifier switched off but Robinson R22 used by tour operators); August 19, 6:14pm (N740RH); August 21, 6:01pm (N746RH); August 22, 6:12pm (N746RH again); August 23, 6:03pm (N741RH and N328SS); August 24, 7:56am (N948WB), 6:05pm (N740RH and N328SS again, N745RH, N808A); August 26, 7:56am, (N217DK, N556MH); August 27, 7:52am (N357MH); and August 28, 7:15am (N217DK)and 6:58pm (unidentified Robinson R44).The operators have continued to operate along their flight routes by circling and hovering over specific locations as opposed to pursuing a straight line. As they know, this not only increases and focuses disruption in specific areas, but substantially increases the noise emanating from the aircraft during turns, changes in altitude or other maneuvering.The operators have continued to fail to self-impose any common volume of flights limitations or route diversity so that some communities suffer dozens and dozens of overflights daily. In terms of any real regulation, the FAA, through its Honolulu Flight Standards District Office, previously developed and administered the Hawaiʻi Air Tour Common Procedures Manual, which at least set some common expectations on flight operations. However, the FAA has been pursuing the abandonment of the Manual, and its status or of any effective replacement is uncertain. In terms of any common effort among governments and the air tour operators to understand and address increasing citizen complaints and concerns, the FAA, State and some of the operators (though not all as some opted out of any participation) previously operated the Hawaiʻi Air Tour Noise and Safety Task Force. However, participation in and commitment to this avenue of potential resolution lagged during the downturn in operations and complaints resulting from dramatically lower tourism during COVID-19, and there has been no real voluntary commitment to resume. However, as a result of widespread citizen concerns, as reflected in resolutions approved in neighborhood boards across O‘ahu, county councils across the state and the Hawaiʻi State Legislature, this year the Legislature passed and on July 12th the Governor signed into law Senate Bill 3272 (now Act 311). This new law, introduced by Senator Chris Lee and others, (1) requires operators to file reports of their flight paths and other details of their operations to allow for appropriate monitoring of their operations, compliance with regulations and tracking of citizen complaints to specific operators and flights, and (2) formally establishes the Hawaiʻi Air Tour Noise and Safety Task Force as a matter of state law (with funding assistance from the federal government). This seemingly straightforward proposal met with great resistance from the air tour operators, who urged Governor Ige to veto the measure. Many concerned citizens, though, weighed in urging its enactment. I also sent a letter of support here. The Governor agreed with the community and signed the measure. Within a week, some operators were questioning whether they are required to comply with the new law. I’m attaching a July 18th letter here from one operator and the State’s August 17th reply here. As you can see, the safety and community disruption concerns with commercial tour helicopter/small aircraft are again increasing rapidly, and neither the operators nor the FAA are pursuing any real solutions. Our goal of full and effective federal and/or state regulation therefore continues to require a community-wide and community-driven initiative. May I please ask for your continued partnership, especially as I re-engage the FAA and NTSB directly and pursue related authorizing and funding initiatives in Congress. This is what I need now: (1) a summary of your own observations and concerns with current operations across our state; (2) any additions, updates, corrections or questions as to ongoing activities to address these concerns; and (3) any issues or areas that you believe I should especially pursue with the FAA, NTSB, State, operators or anyone else that will address our concerns and advance our goals. Thank you very much for your continued consideration and assistance. Please contact Nestor Garcia in my office at nestor.garcia@mail.house.gov to respond. As always, please email me at ed.case@mail.house.gov or call me at (808) 650-6688 with any questions or needs

This is to re-engage with you on our mutual concern, update you on my actions, ask for any information or guidance you can provide, and request your continued partnership toward our goal of full and effective regulation of an industry which should not be allowed to continue as presently operated.

First, to try to summarize current complaints and issues (focusing on O‘ahu, though the same complaints persist on other islands):

Severe safety concerns with operations, for both passengers and crew and people and property on the ground, continue with ongoing crashes. The National Transportation Safety Board (NTSB), which is responsible for identifying the cause of crashes and for making recommendations to improve safety but has no direct regulatory authority, has increased its statements of concern and frustration with the failure of the FAA to fully focus on safety-related regulations and improvements.
The operators continue to fly over communities and other populated areas even where an easy out-to-sea and less disruptive route is available. On O‘ahu, this is especially true (and obvious from any review of a live online app like Flightradar 24) of communities like Hawaiʻi Kai, Waimānalo, Kailua, Kāne‘ohe, the North Shore and around Pearl Harbor.
The operators continue to violate the basic requirement of a minimum altitude above actual ground level (not sea level), especially in higher communities like Central O‘ahu.
Some operators continue to refuse to turn on their ADS-B, meaning that they cannot be tracked in real time and there is no link from a complaint back to a specific aircraft and company.
The operators continue to violate the agreed airspace limitations around Pearl Harbor and its historic sites like the Arizona Memorial, disrupting the security and sanctity of these sites.
The operators continue to fly or hover over and circle other special and solemn sites like the National Memorial Cemetery of the Pacific at Punchbowl. In one recent occurrence, a veteran’s burial was completely disrupted by a tour helicopter hovering and circling overhead. When my office complained to the FAA on behalf of the family, we were told that next time a family should alert the FAA in advance to ask helicopters not to fly over during the ceremony. That burden should not be on visitors and families at Punchbowl; aircraft, especially commercial tour helicopters, should not fly over or around Punchbowl at all.
The operators have increasingly violated what has been at least some understanding that they would cease operations before 8am and after 5 or 6pm to at least avoid disturbing communities in the earlier part of the morning and later part of the afternoon into the evening. To review these complaints, I checked out some recent days over the last few weeks on my own Flightradar 24 and found the following: August 5, 6:25pm, two still flying (N357MH and N506CD, N357MH was still flying at 7:28pm); August 15, 6:31pm (N506CD again); August 18, 6:52pm (unidentified because specific identifier switched off but Robinson R22 used by tour operators); August 19, 6:14pm (N740RH); August 21, 6:01pm (N746RH); August 22, 6:12pm (N746RH again); August 23, 6:03pm (N741RH and N328SS); August 24, 7:56am (N948WB), 6:05pm (N740RH and N328SS again, N745RH, N808A); August 26, 7:56am, (N217DK, N556MH); August 27, 7:52am (N357MH); and August 28, 7:15am (N217DK)and 6:58pm (unidentified Robinson R44).
The operators have continued to operate along their flight routes by circling and hovering over specific locations as opposed to pursuing a straight line. As they know, this not only increases and focuses disruption in specific areas, but substantially increases the noise emanating from the aircraft during turns, changes in altitude or other maneuvering.
The operators have continued to fail to self-impose any common volume of flights limitations or route diversity so that some communities suffer dozens and dozens of overflights daily.

In terms of any real regulation, the FAA, through its Honolulu Flight Standards District Office, previously developed and administered the Hawaiʻi Air Tour Common Procedures Manual, which at least set some common expectations on flight operations. However, the FAA has been pursuing the abandonment of the Manual, and its status or of any effective replacement is uncertain.

In terms of any common effort among governments and the air tour operators to understand and address increasing citizen complaints and concerns, the FAA, State and some of the operators (though not all as some opted out of any participation) previously operated the Hawaiʻi Air Tour Noise and Safety Task Force. However, participation in and commitment to this avenue of potential resolution lagged during the downturn in operations and complaints resulting from dramatically lower tourism during COVID-19, and there has been no real voluntary commitment to resume.

However, as a result of widespread citizen concerns, as reflected in resolutions approved in neighborhood boards across O‘ahu, county councils across the state and the Hawaiʻi State Legislature, this year the Legislature passed and on July 12^th the Governor signed into law Senate Bill 3272 (now Act 311). This new law, introduced by Senator Chris Lee and others, (1) requires operators to file reports of their flight paths and other details of their operations to allow for appropriate monitoring of their operations, compliance with regulations and tracking of citizen complaints to specific operators and flights, and (2) formally establishes the Hawaiʻi Air Tour Noise and Safety Task Force as a matter of state law (with funding assistance from the federal government).

This seemingly straightforward proposal met with great resistance from the air tour operators, who urged Governor Ige to veto the measure. Many concerned citizens, though, weighed in urging its enactment. I also sent a letter of support here. The Governor agreed with the community and signed the measure.

Within a week, some operators were questioning whether they are required to comply with the new law. I’m attaching a July 18^th letter here from one operator and the State’s August 17^th reply here.

As you can see, the safety and community disruption concerns with commercial tour helicopter/small aircraft are again increasing rapidly, and neither the operators nor the FAA are pursuing any real solutions. Our goal of full and effective federal and/or state regulation therefore continues to require a community-wide and community-driven initiative.

May I please ask for your continued partnership, especially as I re-engage the FAA and NTSB directly and pursue related authorizing and funding initiatives in Congress. This is what I need now: (1) a summary of your own observations and concerns with current operations across our state; (2) any additions, updates, corrections or questions as to ongoing activities to address these concerns; and (3) any issues or areas that you believe I should especially pursue with the FAA, NTSB, State, operators or anyone else that will address our concerns and advance our goals.

Thank you very much for your continued consideration and assistance. Please contact Nestor Garcia in my office at nestor.garcia@mail.house.gov to respond.

As always, please email me at ed.case@mail.house.gov or call me at (808) 650-6688 with any questions or needs

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