Near midair collision in sfar-71 airspace.

Attributes
ACN	287248
Time
Date	199410
Day	Sat
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : ito
State Reference	HI
Altitude	agl bound lower : 1000 agl bound upper : 1500
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90
Operator	common carrier : air taxi
Make Model Name	Helicopter
Operating Under FAR Part	Part 135
Flight Phase	cruise other descent other
Flight Plan	VFR
Aircraft 2
Operator	common carrier : air taxi
Make Model Name	Helicopter
Operating Under FAR Part	Part 135
Flight Phase	cruise other
Flight Plan	VFR
Person 1
Affiliation	company : air taxi
Function	other personnel
Qualification	pilot : instrument pilot : commercial
Experience	flight time last 90 days : 10 flight time total : 22000 flight time type : 17000
ASRS Report	287248
Person 2
Affiliation	company : air taxi
Function	flight crew : single pilot
Qualification	pilot : instrument pilot : commercial
Events
Anomaly	non adherence : far non adherence : published procedure
Independent Detector	other flight crewa
Resolutory Action	flight crew : took evasive action other
Consequence	Other
Miss Distance	horizontal : 300 vertical : 0
Supplementary
Primary Problem	Flight Crew Human Performance

Narrative:

I was notified by mr a on oct/xx/94 that he had to fly below 1500 ft AGL while on a tour due to winds, reduced visibility and aircraft avoidance. This descent, as described, was a completely safe maneuver, however, he did fly below the minimum altitude which the new sfar-71 requires. Mr a is an exceptional pilot who had the safety of his passenger in mind. I have reiterated to mr a to fly in accordance with sfar- 71 at all times unless a deviation is necessary for safety purposes. Callback conversation with reporter revealed the following information: reporter states both reports involve the same type of situation. There was a mist and volcano activity so visibility was poor. Pilot heard another pilot giving position report in same area but could not see him. The descent was precautionary to avoid an near midair collision. The pali winds blow over the top of the volcano and the helicopters are placed in a great deal of turbulence at sfr altitude required. When down low, they do not get into this turbulence and poor visibility. Reporter states the NTSB has come out with a letter stating the sfar-71 requirements create an unsafe situation.

Original NASA ASRS Text

Title: NMAC IN SFAR-71 AIRSPACE.

Narrative: I WAS NOTIFIED BY MR A ON OCT/XX/94 THAT HE HAD TO FLY BELOW 1500 FT AGL WHILE ON A TOUR DUE TO WINDS, REDUCED VISIBILITY AND ACFT AVOIDANCE. THIS DSCNT, AS DESCRIBED, WAS A COMPLETELY SAFE MANEUVER, HOWEVER, HE DID FLY BELOW THE MINIMUM ALT WHICH THE NEW SFAR-71 REQUIRES. MR A IS AN EXCEPTIONAL PLT WHO HAD THE SAFETY OF HIS PAX IN MIND. I HAVE REITERATED TO MR A TO FLY IN ACCORDANCE WITH SFAR- 71 AT ALL TIMES UNLESS A DEV IS NECESSARY FOR SAFETY PURPOSES. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATES BOTH REPORTS INVOLVE THE SAME TYPE OF SIT. THERE WAS A MIST AND VOLCANO ACTIVITY SO VISIBILITY WAS POOR. PLT HEARD ANOTHER PLT GIVING POS RPT IN SAME AREA BUT COULD NOT SEE HIM. THE DSCNT WAS PRECAUTIONARY TO AVOID AN NMAC. THE PALI WINDS BLOW OVER THE TOP OF THE VOLCANO AND THE HELIS ARE PLACED IN A GREAT DEAL OF TURB AT SFR ALT REQUIRED. WHEN DOWN LOW, THEY DO NOT GET INTO THIS TURB AND POOR VISIBILITY. RPTR STATES THE NTSB HAS COME OUT WITH A LETTER STATING THE SFAR-71 REQUIREMENTS CREATE AN UNSAFE SIT.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.