[Federal Register Volume 75, Number 101 (Wednesday, May 26, 2010)]
[Proposed Rules]
[Pages 29471-29474]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-12606]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 93
[Docket No. FAA-2010-0302; Notice No. 10-08]
RIN 2120-AJ75
The New York North Shore Helicopter Route
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This proposed action would require helicopter operators to use
the New York North Shore Route when operating in that area of Long
Island, New York. The North Shore Route was added to the New York
Helicopter Route
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Chart in 2008 and the use of that route is currently voluntary. New
York public officials have continued to receive complaints regarding
the adverse impact of helicopter noise on their communities. The
intended effect of this proposal is to maximize utilization of the
existing route flown by helicopter traffic along the north shore of
Long Island and reduce the noise impact on nearby communities.
DATES: Send your comments on or before June 25, 2010.
ADDRESSES: You may send comments identified by Docket Number FAA-2010-
0302 using any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue, SE., Room W12-
140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
For more information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of the docket Web site, anyone can
find and read the electronic form of all comments received into any of
our dockets, including the name of the individual sending the comment
(or signing the comment for an association, business, labor union,
etc.). You may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78) or you
may visit http://DocketsInfo.dot.gov.
Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time and follow the online
instructions for accessing the docket or Docket Operations in Room W12-
140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this proposed rule contact Ellen Crum, Airspace and Rules Group, AJR-
33, Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone (202) 267-8783. For legal questions
concerning this proposed rule contact Lorelei Peter, AGC-220, Office of
Chief Counsel, Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591; telephone 202-267-3073.
SUPPLEMENTARY INFORMATION:
Later in this preamble under the Additional Information section, we
discuss how you can comment on this proposal and how we will handle
your comments. Included in this discussion is related information about
the docket, privacy, and the handling of proprietary or confidential
business information. We also discuss how you can get a copy of related
rulemaking documents.
Authority for This Rulemaking
The FAA has broad authority and responsibility to regulate the
operation of aircraft and the use of the navigable airspace and to
establish safety standards for and regulate the certification of
airmen, aircraft, and air carriers. (49 U.S.C. 40104 et seq., Sec.
40103(b). The FAA's authority for this proposed rule is contained in 49
U.S.C. 40103 and 44715. Under Sec. 40103, the Administrator of the FAA
has authority to ``prescribe air traffic regulations on the flight of
aircraft (including regulations on safe altitudes) for * * * (B)
protecting individuals and property on the ground. (49 U.S.C.
40103(b)(2)). In addition, Sec. 44715(a), provides that to ``relieve
and protect the public health and welfare from aircraft noise,'' the
Administrator of the FAA, ``as he deems necessary, shall prescribe * *
* (ii) regulations to control and abate aircraft noise * * *''
Background
In response to numerous complaints regarding helicopter noise
received by New York public officials, including Senator Schumer and
former Senator Clinton, the FAA began working with stakeholders and
industry groups to address the issue. Senator Charles Schumer and
Representative Tim Bishop conducted a meeting in October 2007 with the
FAA, local helicopter operators and the airport proprietors to
specifically address the noise complaints stemming from the north shore
of Long Island. As a result of this meeting, a visual flight rules
(VFR) helicopter route, the North Shore route, was designed for
helicopters to use when transiting the area in order to lessen the
noise impact on populated areas by remaining offshore and over the
water. As this route was developed for VFR flight, use of it is
voluntary. The route was published on the Helicopter Route Chart for
New York, effective May 8, 2008.
The Helicopter Route Chart program was established by the FAA to
enhance helicopter access into, egress from, and operation within high
density traffic areas by depicting discrete and/or common use
helicopter routes. Guidance and procedures for this program are
contained in FAA Order 7210.3, Facility Operation and Administration,
Chapter 11. The use of these routes is voluntary, unless air traffic
control assigns the charted routes to pilots for purposes of addressing
traffic density or safety.
New York elected officials have advised the FAA the noise
complaints continue in this area notwithstanding the North Shore route.
The local FAA Flight Standards Division has also received the same
complaints.
The New York Long Island airspace, like many other areas in the
U.S., presents competing interests. The geographic area is not vast but
supports a highly congested populated area that is surrounded by
traffic operating into and out of LaGuardia Airport, John F. Kennedy
International Airport, Republic Airport and a multitude of both public
and private heliports.
This proposed action would require civil helicopters along Long
Island, New York's northern shoreline to follow the published New York
North Shore Route between the fixed waypoint VPLYD and Orient Point.
The FAA is aware that several conditions may exist for which helicopter
operators would need to deviate from the route. Therefore, provisions
are included that take into consideration the wide variety of
helicopters, their associated performance and mission profiles, the
dynamic weather environment along the route, and the pilot's
responsibility to maintain safe operations at all times.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined that there
is no new information collection requirement associated with this
proposed rule.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the
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maximum extent practicable. The FAA has determined that there are no
ICAO Standards and Recommended Practices that correspond to these
proposed regulations.
Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, the Trade Act requires agencies to consider international
standards and, where appropriate, that they be the basis of U.S.
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4) requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this proposed rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this proposed rule. The
reasoning for this determination follows:
This proposed action is not expected to result in additional costs
on the affected helicopters because those operators that cannot comply
with the route as published due to operational limitations, performance
factors, weather conditions or safety considerations are allowed to
deviate from the provisions of Subpart H.
FAA has, therefore, determined that this proposed rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions. Agencies must perform a review to determine
whether a rule will have a significant economic impact on a substantial
number of small entities. If the agency determines that it will, the
agency must prepare a regulatory flexibility analysis as described in
the RFA. However, if an agency determines that a rule is not expected
to have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
This proposed rule would impact several small entities. For
aircraft operators these include all firms with less than 1,500
employees. There are 5 small entities in the New York market for part
135 sightseeing helicopter tours. However, the rule does not require
the purchase of additional equipment and allows pilots to deviate from
the proposed provisions if necessary, due to operational limitations of
the helicopter, performance factors, weather conditions or safety
considerations. Therefore the rule imposes only minimal operating cost.
Therefore, the FAA certifies that this proposed rule would not have
a significant economic impact on a substantial number of small
entities. The FAA solicits comments regarding this determination.
International Trade Impact Analysis
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Pursuant to these Acts, the establishment of
standards is not considered an unnecessary obstacle to the foreign
commerce of the United States, so long as the standards have a
legitimate domestic objective, such as the protection of safety and do
not operate in a manner that excludes imports that meet this objective.
The statute also requires consideration of international standards and,
where appropriate, that they be the basis for U.S. standards. As the
proposed rule would have only a domestic impact, the Trade Agreement
Act does not apply.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $143.1 million in lieu of $100
million. This proposed rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action would not have a substantial direct effect on the States, on the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government, and, therefore, would not have federalism implications.
Environmental Analysis
Under regulations issued by the Council on Environmental Quality,
federal agencies are required to establish procedures that, among other
things, identify agency actions that are categorically excluded from
the requirement for an environmental assessment or environmental impact
statement under the National Environmental Policy Act of 1969 because
they do not have a significant effect on the human environment. See 40
CFR 1507.3(b)(2)(ii), 1508.4. The required agency procedures must also
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``provide for extraordinary circumstances in which a normally excluded
action may have a significant environmental effect.'' 40 CFR 1508.4.
For FAA actions, these ``categorical exclusions'' and ``extraordinary
circumstances'' are listed in Chapter 3 of FAA Order 1050.1E,
``Environmental Impacts: Policies and Procedures.''
The FAA has determined that this proposed rulemaking action
qualifies for the categorical exclusion identified in paragraph 312f of
FAA Order 1050.1E. That categorical exclusion applies to
``[r]egulations, standards, and exemptions (excluding those which if
implemented may cause a significant impact on the human environment).''
The existing New York North Shore Route is a visual flight rules (VFR)
route, use of which is voluntary. Additionally, the route is located
entirely over water and away from noise-sensitive locations. Therefore,
implementation of this proposed rule is not expected to result in
significant adverse impacts to the human environment. Moreover,
implementation of the proposed rule would not involve any of the
extraordinary circumstances listed in Section 304 of FAA Order 1050.1E.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA has analyzed this NPRM under Executive Order 13211, Actions
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). We have determined that it is not
a ``significant energy action'' under the executive order because it is
not a ``significant regulatory action'' under Executive Order 12866,
and it is not likely to have a significant adverse effect on the
supply, distribution, or use of energy.
Additional Information
Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. We also
invite comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, please send only one copy of written comments, or
if you are filing comments electronically, please submit your comments
only one time.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.
Proprietary or Confidential Business Information
Do not file in the docket information that you consider to be
proprietary or confidential business information. Send or deliver this
information directly to the person identified in the FOR FURTHER
INFORMATION CONTACT section of this document. You must mark the
information that you consider proprietary or confidential. If you send
the information on a disk or CD-ROM, mark the outside of the disk or
CD-ROM and also identify electronically within the disk or CD-ROM the
specific information that is proprietary or confidential.
Under 14 CFR 11.35(b), when we are aware of proprietary information
filed with a comment, we do not place it in the docket. We hold it in a
separate file to which the public does not have access, and we place a
note in the docket that we have received it. If we receive a request to
examine or copy this information, we treat it as any other request
under the Freedom of Information Act (5 U.S.C. 552). We process such a
request under the DOT procedures found in 49 CFR part 7.
Availability of Rulemaking Documents
You can get an electronic copy of rulemaking documents using the
Internet by--
1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies; or
3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the docket or notice number of this rulemaking.
You may access all documents the FAA considered in developing this
proposed rule, including economic analyses and technical reports, from
the Internet through the Federal eRulemaking Portal referenced in
paragraph (1).
List of Subjects in 14 CFR Part 93
Air traffic control, Airspace, Navigation (air).
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend Chapter I of Title 14, Code of Federal
Regulations, as follows:
PART 93--SPECIAL AIR TRAFFIC RULES
1. The authority citation for part 93 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40106, 40109, 40113, 44502,
44514, 44701, 44719, 46301.
2. Amend part 93 by adding subpart H to read as follows:
Subpart H--Mandatory Use of the New York North Shore Helicopter
Route
Sec. 93.101 Applicability.
Sec. 93.103 Helicopter operations.
Subpart H--Mandatory Use of the New York North Shore Helicopter
Route
Sec. 93.101 Applicability.
This subpart prescribes a special air traffic rule for civil
helicopters operating VFR along the North Shore, Long Island, New York.
Sec. 93.103 Helicopter operations.
(a) Unless otherwise authorized, each person piloting a helicopter
along Long Island, New York's northern shoreline between the VPLYD
waypoint and Orient Point, shall utilize the North Shore Helicopter
route, as published.
(b) Pilots may deviate from the requirements of paragraph (a) when
required for safety, weather conditions or transitioning to or from a
destination or point of landing.
Issued in Washington, DC, on May 17, 2010.
Edie Parish,
Acting Director, Systems Operations, Airspace and Aeronautical
Information Management.
[FR Doc. 2010-12606 Filed 5-25-10; 8:45 am]
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