80 FR 8242 - New York North Shore Helicopter Route

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 31 (February 17, 2015)

On June 23, 2014, the FAA published a final rule to extend the requirement for an additional two years for pilots operating civil helicopters under Visual Flight Rules to use the New York North Shore Helicopter Route when operating along the north shore of Long Island, New York. The final rule extended the expiration date to August 6, 2016. However, an error in the final rule resulted in the inadvertent removal of Subpart H of part 93 of Title 14 of the Code of Federal Regulations. This final rule corrects that error and reinstates the provisions of Subpart H.

[Federal Register Volume 80, Number 31 (Tuesday, February 17, 2015)]
[Rules and Regulations]
[Page 8242]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03066]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No.: FAA-2010-0302; Amdt. No. 93-98A]
RIN 2120-AK64


New York North Shore Helicopter Route

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: On June 23, 2014, the FAA published a final rule to extend the 
requirement for an additional two years for pilots operating civil 
helicopters under Visual Flight Rules to use the New York North Shore 
Helicopter Route when operating along the north shore of Long Island, 
New York. The final rule extended the expiration date to August 6, 
2016. However, an error in the final rule resulted in the inadvertent 
removal of Subpart H of part 93 of Title 14 of the Code of Federal 
Regulations. This final rule corrects that error and reinstates the 
provisions of Subpart H.

DATES: This final rule is effective February 17, 2015. Subpart H of 
part 93 of Title 14 of the Code of Federal Regulations expires August 
6, 2016.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact David Maddox, Airspace Regulation and ATC 
Procedures Group, AJV-113, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
8783; email [email protected].
    For legal questions concerning this action, contact Lorelei Peter, 
International Law, Legislation and Regulations Division, AGC-200, 
Office of the Chief Counsel, Federal Aviation Administration, 800 
Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
3073; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On July 6, 2012, the FAA published Subpart H of part 93, which 
contained the rules governing civil helicopter operations when flying 
under visual flight rules along the north shore of Long Island, New 
York. This was a two-year rule that expired on August 6, 2014 (77 FR 
39911). On June 23, 2014, the FAA published a final rule entitled ``The 
Extension of the Expiration Date of the New York North Shore Helicopter 
Route'' (79 FR 35488), which was to extend the regulations addressing 
helicopter operations along the North Shore for an additional two years 
from August 6, 2014 to August 6, 2016. In that rule, the FAA stated 
that:

    This action extends the requirement for pilots of civil 
helicopters to use the North Shore Helicopter Route when transiting 
along the north shore of Long Island for an additional two years, 
while the FAA considers whether to make the mandatory use of the 
route permanent. The current rule requiring use of the route expires 
on August 6, 2014. Public input to this consideration is critical 
and additional time is needed to conduct the rulemaking process. 
However, the FAA does not want to disrupt the operating environment 
and cause any confusion on using the route during this interim 
period. Therefore, the FAA finds that a two year extension of the 
current rule is warranted to maintain the current operating 
environment and permit the agency to engage in rulemaking to 
determine future action on this route. (See 79 FR 35489, June 23, 
2014)

    However, the Code of Federal Regulations was not amended correctly 
and Subpart H of part 93 of Title 14 of the Code of Federal Regulations 
was inadvertently removed.
    This rule adds Subpart H back in part 93 with an expiration date of 
August 6, 2016, as originally intended. Adding Subpart H back into part 
93 will ensure that all pilots are aware of the New York North Shore 
helicopter route and will make the regulations consistent with the New 
York Helicopter Chart. Because the amendment corrects an error and 
clarifies the regulations, the FAA finds that the notice and public 
procedures under 5 U.S.C. 553(b) are unnecessary, impracticable, and 
contrary to the public interest. As this final rule restores helicopter 
route information to the Code of Federal Regulations, thereby enhancing 
safety, good cause exists under 5 U.S.C. 553(d)(3) to make the rule 
effective in less than 30 days.

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 new heading for subpart H to part 93 to read as follows:

Subpart H--Mandatory Use of the New York North Shore Helicopter 
Route

0
3. Redesignate Sec.  93.101 to subpart H.

0
4. Add new Sec.  93.103 to subpart H to read as follows:


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 and altitude, as published.
    (b) Pilots may deviate from the route and altitude requirements of 
paragraph (a) of this section when necessary for safety, weather 
conditions or transitioning to or from a destination or point of 
landing.

    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), 
and 44703, in Washington, DC on February 6, 2015.
Michael P. Huerta,
Administrator.
[FR Doc. 2015-03066 Filed 2-13-15; 8:45 am]
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