NY operator now shut down and under FAA investigation.   

Not good when your whole tranny deck is found attached to your rotors still 1/2 mile away.  

FEDEX STANDARD OVERNIGHT,

USPS FIRST-CLASS MAIL WITH CERTIFIED MAIL AND RETURN RECEIPT,

USPS FIRST-CLASS MAIL, and

ELECTRONIC MAIL

April 14, 2025

Mr. Michael Roth

Chief Executive Officer

New York Helicopter Charter Inc.

14504 Rockaway Beach Blvd

Neponsit, NY 11694-1032

mroth@newyorkhelicopter.com

RE: New York Helicopter Charter Inc., Case No. 2025EA110016

EMERGENCY ORDER OF SUSPENSION

Under 49 U.S.C. § 46105(c), the Acting Administrator of the Federal Aviation Administration

(FAA) has determined that an emergency exists related to safety in air commerce and that

immediate action to suspend the air-carrier certificate of New York Helicopter Charter Inc. is

required. The reasons for this determination are set forth in the paragraph below entitled

“Determination of Emergency.”

Based on an investigation and all evidence presently before the Acting Administrator, the Acting

Administrator finds the following:

1. New York Helicopter Charter Inc. (NY Helicopter) holds and at all relevant times held

Air Carrier Certificate No. NY9A9001 and operational specifications authorizing

operations in accordance with 14 C.F.R. part 135.

2. As a part 135 operator, NY Helicopter is required by 14 C.F.R. § 119.69(a) to have

sufficient qualified management and technical personnel to ensure the safety of its

operations, including a Director of Operations.

3. At all relevant times, civil aircraft N216MH (N216MH) was a Bell 206L-4 LongRanger.

4. On April 10, 2025, NY Helicopter operated N216MH on a sightseeing flight with five

passengers.

5. During the above-referenced operation, N216MH crashed into the Hudson River.2

6. As a result of the above-referenced crash, the pilot in command and all five passengers on

the above-referenced flight died.

7. On April 13, 2025, the FAA requested via telephone to Mr. Jason Costello, the Director

of Operations of NY Helicopter, that NY Helicopter cease operations due to safety

concerns until the FAA and NTSB investigations in the above-referenced crash were

complete.

8. During the above-referenced telephone call, Mr. Costello agreed that NY Helicopter

would cease operations as requested.

9. Approximately thirty minutes after the above-referenced telephone call, Mr. Costello

confirmed via email to the FAA that NY Helicopter would cease operations until the

above-referenced investigations were complete.

10. Sixteen minutes after the above-referenced email, Mr. Michael Roth, the Chief Executive

Officer of NY Helicopter, communicated via email to the FAA the following:

a. b. Mr. Roth did not authorize a cessation of operations by NY Helicopter, and

Mr. Costello, who sent the above-referenced communication, was no longer an

employee of NY Helicopter.

11. The immediate firing of the Director of Operations raises serious safety concerns because

it appears Mr. Roth retaliated against Mr. Costello for making the safety decision to cease

operations during the investigations.

12. NY Helicopter does not have a qualified person serving in the position of Director of

Operations.

As a result, NY Helicopter violated 14 C.F.R. § 119.69(a)(1), which states the following: “Each

certificate holder must have sufficient qualified management and technical personnel to ensure

the safety of its operations. Except for a certificate holder using only one pilot in its operations,

the certificate holder must have qualified personnel serving in the following or equivalent

positions: . . . Director of Operations.”

In addition, 49 U.S.C. § 44709(b)(1)(A) states that the Acting Administrator may issue an order

amending, modifying, suspending, or revoking any part of a certificate issued under 49 U.S.C.

chapter 447 if the Acting Administrator decides after conducting a reinspection, reexamination,

or other examination that safety in air commerce or air transportation and the public interest

require that action.

As a result of the foregoing, the Acting Administrator has determined that there is a reasonable

basis to question whether NY Helicopter possesses the qualifications necessary to hold its air-

carrier certificate and that safety in air commerce or air transportation and the public interest

require the suspension of the above-referenced air-carrier certificate until the qualifications of

NY Helicopter can be established. The Acting Administrator further finds that an emergency

requiring immediate action exists with respect to safety in air commerce or air transportation.

Accordingly, this Order is effective immediately.3

IT IS THEREFORE ORDERED, pursuant to the authority vested in the Administrator by 49

U.S.C. §§ 44709 and 46105(c), that,

1) Effective immediately, Air Carrier Certificate No. NY9A9001 is suspended;

2) The period of suspension imposed by this Order shall continue in effect until the

qualifications of NY Helicopter are established; and

3) NY Helicopter must immediately surrender Air Carrier Certificate No. NY9A9001 by

mail or delivery to Robert J. Miller at the address below.

If NY Helicopter fails to surrender its air-carrier certificate immediately, NY Helicopter will be

subject to further legal enforcement action, including a civil penalty of up to $17,062 a day for

each day it fails to surrender the certificate.

DETERMINATION OF EMERGENCY

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 allegations in this order that

raise a reasonable basis for the Acting Administrator to question the qualifications of NY

Helicopter to hold its air-carrier certificate.

NY Helicopter operated N216MH on April 10, 2025, when it crashed into the Hudson River,

causing the death of all six people aboard. Following the crash, the Director of Operations

notified the FAA that NY Helicopters would cease operations until the investigations were

complete, but the Director of Operations was intentionally fired 16 minutes after making this

safety decision. NY Helicopter currently does not have a qualified person serving in the position

of Director of Operations. Due to proximity of the above crash and the intentional firing of the

Director of Operations resulting in the lack of sufficient qualified management and technical

personnel to ensure the safety of its operations, the continued operations of NY Helicopter pose

an unacceptable risk to safety in air commerce.

The Acting Administrator, therefore, finds that until the qualifications of NY Helicopter can be

established, as described above, the continued operations of NY Helicopter pose an ongoing and

unacceptable risk to aviation safety. Based on that risk, the Acting Administrator finds, in

accordance with 49 U.S.C. § 46105(c) and the guidance found in FAA Order 2150.3C (paras.

7.4.a, 8.13.a, and 9.8.a), that the continued use by NY Helicopter of its air-carrier certificate

while any proceedings related to the issuance of this order are pending is contrary to the interest

of safety in air commerce. FAA Order 2150.3C is available at www.faa.gov and can be accessed

using the search term “2150.3C.”4

You may appeal from this Order in accordance with the Appeal paragraph below. Please

direct all communications to Robert J. Miller, whose contact information is below.

__________________________________

Liam McKenna

Chief Counsel

Federal Aviation Administration

__________________________________

Robert J. Miller

Southern Team

Aviation Litigation Division

Office of the Chief Counsel

Federal Aviation Administration

1701 Columbia Ave

College Park, GA 30337-2714

telephone: (404) 305-5200 (main)

(404) 305-5214 (direct)

fax: (404) 305-5223

email: robert.j.miller@faa.gov