[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Rules and Regulations]
[Pages 48323-48327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17427]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 93
[Docket No.: FAA-2010-0302; Amdt. No. 93-99]
RIN 2120-AK84
Extension of the Requirement for Helicopters to Use the New York
North Shore Helicopter Route
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This rulemaking amends the expiration date of the final rule
requiring pilots operating civil helicopters under Visual Flight Rules
to use the New York North Shore Helicopter Route when operating along
that area of Long Island, New York. The current rule expires on August
6, 2016. The FAA finds it necessary to extend the rule for an
additional four years to preserve the current operating environment
while the FAA conducts ongoing helicopter research that will be
considered to determine appropriate future actions.
DATES: This final rule is effective August 7, 2016, through August 6,
2020.
ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this final rule, see ``How
To Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Kenneth Ready, Airspace and Rules Team, AJV-113,
Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone (202) 267-3396; email
[email protected].
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the
[[Page 48324]]
United States Code. Subtitle I, Section 106 describes the authority of
the FAA Administrator. Subtitle VII, Aviation Programs, describes in
more detail the scope of the agency's authority.
The FAA has broad authority and responsibility to regulate the
operation of aircraft, 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.,
40103(b)). The FAA's authority for this rule is contained in 49 U.S.C.
40103 and 44715. Under section 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)(B)). In addition, section 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 .
. .''
Good Cause for Immediate Adoption Without Prior Notice
Section 553(d)(3) of the Administrative Procedure Act requires that
agencies publish a rule not less than 30 days before its effective
date, except as otherwise provided by the agency for good cause found
and published with the rule. The current rule expires on August 6,
2016. To prevent confusion among pilots using the route and avoid
disruption of the current operating environment, the FAA finds that
good cause exists to make this rule effective in less than 30 days.
I. Background
In response to concerns from a large number of local residents
regarding noise from helicopters operating over Long Island, the FAA
issued the New York North Shore Helicopter Route final rule (77 FR
39911, July 6, 2012). The rule requires civil helicopter pilots
operating Visual Flight Rules (VFR), whose route of flight takes them
over the north shore of Long Island between the Visual Point Lloyd
Harbor (VPLYD) waypoint and Orient Point (VPOLT), to use the North
Shore Helicopter Route, as published in the New York Helicopter Chart
(``the Chart''). The rule was promulgated to maximize use of the route,
as published per the Chart, to secure and improve upon decreased levels
of noise that had been voluntarily achieved. Under the rule, pilots are
permitted to deviate from the route and altitude requirements when
necessary for safety, weather conditions, or transitioning to or from a
destination or point of landing. In addition, the rule is based on a
voluntary VFR route that was developed by the FAA, working with the
Eastern Region Helicopter Council. The voluntary route originally was
added to the Chart on May 8, 2008.
The rule originally had a two-year duration and was set to
terminate on August 6, 2014. The FAA limited the duration of the rule
because, at the time of promulgation, the FAA did not have data on the
current rate of compliance with the voluntary route nor the
circumstances surrounding an operator's decision not to use the route.
The FAA concluded there would be no reason to retain the rule if the
FAA determined the noise situation along the North Shore of Long Island
did not improve. Accordingly, the Agency decided that the rule would
expire in two years, if it was determined there is no meaningful
improvement in the effects of helicopter noise on quality of life or
that the rule was otherwise unjustified. Specifically, the FAA stated
that should there be such an improvement, the FAA may, after
appropriate notice and opportunity for comment, decide to make the rule
permanent. Likewise, should the FAA determine that reasonable
modification could be made to the route to better address noise
concerns (and any other relevant concerns), the FAA may choose to
modify the rule after notice and comment.
On June 23, 2014, the FAA issued a two-year extension of the rule's
termination date to provide additional time for the Agency to assess
the rule's impact and consider whether to make the mandatory use of the
route permanent (79 FR 35488). Since then, the FAA has been engaged in
a variety of helicopter research initiatives that could inform the
Agency's future actions on this rule. Topics addressed by these
research efforts, described in more detail below, include modeling of
helicopter performance and noise, helicopter noise-abatement
procedures, and community response to helicopter noise.
The FAA has initiated efforts to improve helicopter performance-
modeling capabilities for more accurate operational impact analysis.
This research is scheduled to be completed in 2016, with an
implementation plan for incorporation into the FAA's Aviation
Environmental Design Tool (AEDT).\1\ Also, through the National
Academies of Science, Engineering, and Medicine Transportation Review
Board (TRB), a research project was initiated through the Airport
Cooperative Research Program (ACRP) to provide helicopter noise-
modeling guidance. The project reviewed, evaluated, and documented
current helicopter noise prediction models and identified potential
improvements to AEDT to better capture the unique complexity of
helicopter operations. The research was published in January 2016. The
FAA is currently reviewing the findings and will consider making
modeling improvements in AEDT based on those findings. Improved
modeling will allow better quantification of the noise impacts of
helicopter operations and better inform decisions on measures to abate
helicopter-noise impacts.
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\1\ AEDT is the FAA's tool for computing noise, emissions and
fuel burn.
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The FAA's Center of Excellence, called the Aviation Sustainability
Center (ASCENT), has funded Pennsylvania State University to conduct
modeling of helicopters to identify potential noise-abatement
procedures that may result in quieter operations. The first phase of
this project focuses on integrating the tools needed to predict
helicopter-source noise and providing the necessary integration within
AEDT to be able to illustrate potential noise impacts of such noise
abatement procedures. The second phase of the project is focused on
developing noise-abatement procedures for either individual helicopters
or classes of helicopters. These phases of the research are scheduled
to be completed by August 2017. At that time, the FAA will need to
determine whether to initiate and support flight tests during 2018,
which would be necessary prior to advancing the use of the procedures
with helicopter operators.
The FAA is also engaged in research and collaboration with
helicopter operators, seeking to educate pilots on the benefits of
noise-abatement procedures, when to institute them, and the piloting
procedures for achieving quieter operations. This project addresses
noted issues by developing a strategy for pilot awareness of noise-
abatement techniques, looking at ways to illustrate the benefits
through modeling, and examining the potential for video training on how
to incorporate noise-abatement procedures. This research will utilize
the findings of the ASCENT project described above.
Finally, the FAA has two projects to review methodologies to
determine community response to helicopter operations. One project is
administered through the ACRP. The objectives of the ACRP research
project are to: (1) Determine the significance of acoustical and non-
acoustical factors that
[[Page 48325]]
influence community annoyance to helicopter noise, (2) describe how
these factors compare to those contributing to fixed-wing aircraft
community annoyance, and (3) develop and validate a research method to
relate helicopter-noise exposure to surveyed community annoyance. This
project is two-thirds complete, and ACRP expects the project to be
completed in late 2016. Further, the FAA has initiated a second project
in an effort to test a different methodology for gathering information
on community annoyance for residents in the vicinity of helicopter
operations. The FAA has gathered data for this project, and the
analysis is underway. The goal is to report on the methodology in late
2016, and when completed, it will provide an alternative method for
developing an annoyance survey for helicopters.
Both of these projects provide an opportunity for the FAA to
compare methodologies and determine the most effective approach for
conducting a helicopter noise-annoyance survey. At the completion of
the projects, the FAA intends to select the most effective, survey
methodology and determine if a larger scale, community survey would
better inform the FAA on appropriate methods to address concerns over
helicopter noise. The FAA will then consider the need for a
comprehensive helicopter community annoyance survey. While the research
reaches maturity by the end of 2017, applying the research will take
longer.
II. The Final Rule
This final rule extends for an additional four years (i.e., to
August 6, 2020) the requirement for pilots of civil helicopters to use
the North Shore Helicopter Route when transiting along the north shore
of Long Island. The FAA expects that four years will be sufficient time
to consider results of the described research efforts in determining
appropriate future actions on the rule. Extending the requirement to
use the North Shore Helicopter Route during this period will continue
to foster maximum use of the North Shore Helicopter Route and avoid
disruption of the current operating environment. Therefore, the FAA
finds that a four-year extension of the current rule is warranted.
III. Regulatory Notices and Analyses
A. Regulatory Evaluation
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
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 final 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 to 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 final rule. The reasoning
for this determination follows:
This final rule extends for an additional four years (i.e., to
August 6, 2020) the requirement for pilots of civil helicopters to use
the North Shore Helicopter Route when transiting along the north shore
of Long Island. Extending the current rule for four years is expected
to provide the FAA with sufficient time to consider results of the
described research efforts in determining appropriate future actions on
the rule. The FAA determined the 2012 final rule would impose minimal
costs because many of the existing operators were already complying
with the final rule requirements. As this final rule extends those
requirements, the FAA expects this final rule imposes only minimal
costs.
The FAA has, therefore, determined that this final 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.
B. 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.
The FAA believes that this final rule does not have a significant
economic impact on a substantial number of small entities for the
following reasons. With this final rule, the regulatory provisions
already in place will be extended four years to provide the FAA with
sufficient time to consider results of the described research efforts
in determining appropriate future actions on the rule. The final
regulatory flexibility analysis for the 2012 final rule determined that
it had a minimal cost impact on a substantial number of small entities.
This final rule extends those requirements. Thus, the FAA expects a
minimal economic impact on a substantial number of small entities.
Therefore, as provided in section 605(b), the head of the FAA
certifies that this rulemaking will not result in a significant
economic impact on a substantial number of small entities.
C. International Trade Impact Assessment
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
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from establishing 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 standard has a legitimate domestic
objective, such as the protection of safety, and does 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. The FAA has
assessed the potential effect of this final rule and determined that
the rule will preserve the current operating environment and is not
considered an unnecessary obstacle to foreign commerce.
D. 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 $155 million in lieu of $100
million. This final rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.
E. 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. The FAA has determined that
there is no new requirement for information collection associated with
this final rule.
F. International Compatibility and Cooperation
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 maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these proposed regulations.
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation.
G. Environmental Analysis
FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' identifies FAA actions that, in the absence of
extraordinary circumstances, are categorically excluded from requiring
an environmental assessment (EA) or environmental impact statement
(EIS) under the National Environmental Policy Act. This rule qualifies
for the categorical exclusion in paragraph 5-6.6.f of that Order, which
includes ``[r]egulations. . . excluding those that if implemented may
cause a significant impact on the human environment. There are no
extraordinary circumstances that warrant preparation of an EA or EIS.
IV. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The agency determined
that this action will not have a substantial direct effect on the
States, or the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and, therefore, does not have Federalism
implications.
B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
is not a ``significant energy action'' under the executive order and it
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
V. How To Obtain Additional Information
A. Availability of Rulemaking Documents
An electronic copy of rulemaking documents may be obtained from 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.gpo.gov/fdsys/.
Copies may also be obtained 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.
Commenters must identify the docket or amendment number of this
rulemaking.
All documents the FAA considered in developing this rulemaking
action, including economic analyses and technical reports, may be
accessed from the Internet through the Federal eRulemaking Portal
referenced in item (1) above.
B. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document,
may contact its local FAA official, or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects in 14 CFR Part 93
Air traffic control, Airspace, Navigation (air).
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of Title 14 of the Code of Federal
Regulations as follows:
PART 93-SPECIAL AIR TRAFFIC RULES
0
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, 44715, 44719, 46301.
0
2. Add Sec. 93.101 to read as follows:
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,
between August 6, 2012, and August 6, 2020.
[[Page 48327]]
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC, on July 15, 2016.
Michael P. Huerta,
Administrator.
[FR Doc. 2016-17427 Filed 7-22-16; 8:45 am]
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