81 FR 62811 - Extension of the Requirement for Helicopters To Use the New York North Shore Helicopter Route; Technical Amendment

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 177 (September 13, 2016)

Page Range		62811-62812
FR Document		2016-21963

The FAA is correcting an error, whereby the applicability of a regulation was extended instead of its effectivity. Consequently, a section of the pertinent regulation was relocated in Title 14, Code of Federal Regulations and all remaining provisions of the regulation inadvertently expired. However, the entire regulation was intended to be extended for four years in the final rule published on July 25, 2016 (Doc. No. 2016-17427, 81 FR 48323), which became effective on August 7, 2016.

Federal Register, Volume 81 Issue 177 (Tuesday, September 13, 2016)

[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Rules and Regulations]
[Pages 62811-62812]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21963]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No. FAA-2010-0302; Amdt. No. 93-101]
RIN 2120-AK84


Extension of the Requirement for Helicopters To Use the New York 
North Shore Helicopter Route; Technical Amendment

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: The FAA is correcting an error, whereby the applicability of a 
regulation was extended instead of its effectivity. Consequently, a 
section of the pertinent regulation was relocated in Title 14, Code of 
Federal Regulations and all remaining provisions of the regulation 
inadvertently expired. However, the entire regulation was intended to 
be extended for four years in the final rule published on July 25, 2016 
(Doc. No. 2016-17427, 81 FR 48323), which became effective on August 7, 
2016.

DATES: This action becomes effective on September 13, 2016.

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: 

Good Cause for Immediate Adoption Without Prior Notice

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency for ``good cause'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without seeking comment prior to the 
rulemaking.
    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 final rule.
    This document is correcting an error that is in 14 CFR part 93. 
This correction will not impose any additional restrictions on the 
persons affected by these regulations. Furthermore, any additional 
delay in making the regulations correct would be contrary to the public 
interest. Accordingly, the FAA finds that (i) public comment on these 
standards prior to promulgation is unnecessary, and (ii) good cause 
exists to make this rule effective in less than 30 days and upon its 
publication in the Federal Register.

Background

    On July 25, 2016, the FAA published a final rule extending the 
requirement an additional four years for pilots operating civil 
helicopters under Visual Flight Rules (VFR) 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 of the 
applicability, rather than the effectivity, to August 6, 2020. 
Consequently, that error in the final rule resulted in the inadvertent 
removal of Subpart H of part 93 of Title 14, Code of Federal 
Regulations (14 CFR). This final rule corrects that error and 
reinstates the provisions of Subpart H, extending those provisions to 
August 6, 2020.

Technical Amendment

    This technical amendment will correct the current error of Sec.  
93.101 being moved to Subpart G, Sec.  93.103 expiring, and Subpart H 
being reserved. Because this action results in no further substantive 
change to 14 CFR part 93, we find good cause exists under 5 U.S.C. 
553(d)(3) to make this technical amendment effective in less than 30 
days and upon its publication in the Federal Register.

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 subpart H consisting of Sec.  93.103 to read as follows:

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


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.


Sec.  93.101  [Transferred to Subpart H]

0
3. Transfer Sec.  93.101 from subpart G to subpart H.


[[Page 62812]]


    Issued under authority provided by 49 U.S.C. 106(f), 44701(a), 
and 44703, in Washington, DC, on September 7, 2016.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2016-21963 Filed 9-12-16; 8:45 am]
BILLING CODE 4910-13-P

Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Rules and Regulations 62811

Adoption of the Amendment effectivity. Consequently, a section of operating along the north shore of Long
In consideration of the foregoing, the the pertinent regulation was relocated in Island, New York. The final rule
Federal Aviation Administration Title 14, Code of Federal Regulations extended the expiration date of the
amends 14 CFR part 71 as follows: and all remaining provisions of the applicability, rather than the effectivity,
regulation inadvertently expired. to August 6, 2020. Consequently, that
PART 71—DESIGNATION OF CLASS A, However, the entire regulation was error in the final rule resulted in the
B, C, D, AND E AIRSPACE AREAS; AIR intended to be extended for four years inadvertent removal of Subpart H of part
TRAFFIC SERVICE ROUTES; AND in the final rule published on July 25, 93 of Title 14, Code of Federal
REPORTING POINTS 2016 (Doc. No. 2016–17427, 81 FR Regulations (14 CFR). This final rule
48323), which became effective on corrects that error and reinstates the
■ 1. The authority citation for 14 CFR August 7, 2016. provisions of Subpart H, extending
Part 71 continues to read as follows: DATES: This action becomes effective on those provisions to August 6, 2020.
Authority: 49 U.S.C. 106(f), 106(g); 40103, September 13, 2016. Technical Amendment
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, FOR FURTHER INFORMATION CONTACT: For
1959–1963 Comp., p. 389. technical questions concerning this This technical amendment will
action, contact Kenneth Ready, Airspace correct the current error of § 93.101
§ 71.1 [Amended] being moved to Subpart G, § 93.103
and Rules Team, AJV–113, Federal
■ 2. The incorporation by reference in Aviation Administration, 800 expiring, and Subpart H being reserved.
14 CFR 71.1 of FAA Order 7400.9Z, Independence Avenue SW., Because this action results in no further
Airspace Designations and Reporting Washington, DC 20591; telephone (202) substantive change to 14 CFR part 93,
Points, dated August 6, 2016, and 267–3396; email kenneth.ready@ we find good cause exists under 5
effective September 15, 2015, is faa.gov. U.S.C. 553(d)(3) to make this technical
amended as follows: amendment effective in less than 30
SUPPLEMENTARY INFORMATION: days and upon its publication in the
Paragraph 5000 Class D Airspace. Good Cause for Immediate Adoption Federal Register.
* * * * * Without Prior Notice List of Subjects in 14 CFR Part 93
AGL IN D Grissom ARB, IN [Amended] Section 553(b)(3)(B) of the Air traffic control, Airspace,
Peru, Grissom Air Reserve Base, IN Administrative Procedure Act (APA) (5 Navigation (air).
(Lat. 40°38′53″ N., long. 086°09′08″ W.) U.S.C. 551 et seq.) authorizes agencies
That airspace extending upward from the to dispense with notice and comment The Amendment
surface to and including 3,300 feet MSL procedures for rules when the agency In consideration of the foregoing, the
within a 5.8 mile radius of Grissom ARB. for ‘‘good cause’’ finds that those Federal Aviation Administration
This Class D airspace is effective during the procedures are ‘‘impracticable, amends chapter I of Title 14 of the Code
specific dates and times established in unnecessary, or contrary to the public
advance by a Notice to Airmen. The effective of Federal Regulations as follows:
interest.’’ Under this section, an agency,
date and time will thereafter be continuously upon finding good cause, may issue a
published in the Chart Supplement. PART 93—SPECIAL AIR TRAFFIC
final rule without seeking comment RULES
Issued in Fort Worth, TX, on August 30, prior to the rulemaking.
2016. Section 553(d)(3) of the ■ 1. The authority citation for part 93
Walter Tweedy, Administrative Procedure Act requires continues to read as follows:
Acting Manager, Operations Support Group, that agencies publish a rule not less
ATO Central Service Center. than 30 days before its effective date, Authority: 49 U.S.C. 106(g), 40103, 40106,
[FR Doc. 2016–21709 Filed 9–12–16; 8:45 am] except as otherwise provided by the 40109, 40113, 44502, 44514, 44701, 44715,
44719, 46301.
BILLING CODE 4910–13–P agency for good cause found and
published with the final rule. ■ 2. Add subpart H consisting of
This document is correcting an error § 93.103 to read as follows:
DEPARTMENT OF TRANSPORTATION that is in 14 CFR part 93. This
correction will not impose any Subpart H—Mandatory Use of the New
Federal Aviation Administration additional restrictions on the persons York North Shore Helicopter Route
affected by these regulations.
14 CFR Part 93 § 93.103 Helicopter operations.
Furthermore, any additional delay in
[Docket No. FAA–2010–0302; Amdt. No. 93– making the regulations correct would be (a) Unless otherwise authorized, each
101] contrary to the public interest. person piloting a helicopter along Long
Accordingly, the FAA finds that (i) Island, New York’s northern shoreline
RIN 2120–AK84 between the VPLYD waypoint and
public comment on these standards
prior to promulgation is unnecessary, Orient Point, shall utilize the North
Extension of the Requirement for
and (ii) good cause exists to make this Shore Helicopter route and altitude, as
Helicopters To Use the New York North
rule effective in less than 30 days and published.
Shore Helicopter Route; Technical
upon its publication in the Federal (b) Pilots may deviate from the route
Amendment
Register. and altitude requirements of paragraph
AGENCY: Federal Aviation (a) of this section when necessary for
Administration, DOT. Background safety, weather conditions or
Lhorne on DSK30JT082PROD with RULES

ACTION: Final rule; technical On July 25, 2016, the FAA published transitioning to or from a destination or
amendment. a final rule extending the requirement point of landing.
an additional four years for pilots
§ 93.101 [Transferred to Subpart H]
SUMMARY: The FAA is correcting an operating civil helicopters under Visual
error, whereby the applicability of a Flight Rules (VFR) to use the New York ■ 3. Transfer § 93.101 from subpart G to
regulation was extended instead of its North Shore Helicopter Route when subpart H.

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62812 Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Rules and Regulations

Issued under authority provided by 49 retransmission of over-the-air television and (F), that apply to cable systems with less
U.S.C. 106(f), 44701(a), and 44703, in and radio broadcast stations by cable than $527,600 in semi-annual gross receipts
Washington, DC, on September 7, 2016. television systems to their subscribers (commonly known as ‘‘Form 1⁄2 systems’’). In
Lirio Liu, addition, use of the phrase, ‘‘tiered rates,’’
for the period 2015–2019. See 81 FR could cause some confusion because monthly
Director, Office of Rulemaking. 24523. The proposal was the result of a subscriber fees for cable service are almost
[FR Doc. 2016–21963 Filed 9–12–16; 8:45 am] settlement between the National Cable & universally based on ‘‘tiered’’ bundles of
BILLING CODE 4910–13–P Telecommunications Association, the programming services and rates.
American Cable Association, and a Accordingly, the Phase I Parties suggest that
group referring to itself as the ‘‘Phase I the title of proposed § 387.2(b) be changed to
Parties.’’ 1 The settlement proposed that ‘‘Rates for Certain Classes of Cable Systems,’’
LIBRARY OF CONGRESS and the words ‘‘alternate tiered’’ be deleted
the extant rates, terms, and gross
from the text of the regulation.
Copyright Royalty Board receipts limitations remain unchanged Proposed § 387.2(e). The language,
through 2019. See 17 U.S.C. 111(d)(1)(B) ‘‘Computation of royalty fess shall be
37 CFR Part 387 and 37 CFR 256.2(c)–(d). The notice governed by 17 U.S.C. 111(d)(1)(C),’’ is
[Docket No. 15–CRB–0010–CA]
included a request for comments from potentially confusing because it might be
interested parties as required by 17 read to suggest that any and all aspects of the
U.S.C. 801(b)(7)(A). royalty fee computation can be determined
Adjustment of Cable Statutory License by reference to Section 111(d)(1)(C). While
Royalty Rates The Judges received the following
that paragraph identifies the computation to
comments on the substance of the
be used in some specific situations that might
AGENCY: Copyright Royalty Board, proposal from the Phase I Parties: apply to some Form 3 systems, it does not
Library of Congress. Proposed § 387.1, second sentence. The address how some other key components
ACTION: Final rule. proposed language ‘‘. . . a cable system (e.g., gross receipts and distant signal
entity may engage in the activities set forth equivalent values) of the royalty fee
SUMMARY: On April 26, 2016, the in 17 U.S.C. 111’’ appears to be vague and calculation are determined, or how the 3.75
Copyright Royalty Judges (Judges) overly broad as compared to the scope of the percent rate and syndicated exclusivity
published for comment proposed Section 111 statutory license that is limited surcharge are computer. Accordingly the
regulations governing royalty rates and to ‘‘secondary transmissions to the public by Phase I Parties suggest that either § 387.2(e)
terms for the distant retransmission of a cable system of a performance or display be deleted in its entirety or it be rewritten to
of a work embodied in a primary state: ‘‘Computation of royalty fees shall be
over-the-air television and radio
transmission made by a broadcast station’’ governed by 17 U.S.C. 111(d) and 111(f), and
broadcast stations by cable television under certain conditions that are set forth in 37 CFR 201.17.’’
systems to their subscribers. The 17 U.S.C. 111(c). Accordingly, the Phase I
participants in the proceeding Comments of the Phase I Parties on
Parties suggest the above-quoted language of
concluded their negotiations and asked proposed § 387.1 be changed to ‘‘. . . a cable
Proposed Rule at 1–3 (May 17, 2016).
for readoption of the cable rate system shall be subject to a statutory license In addition to seeking comments on
regulations without change. The Judges authorizing secondary transmissions of the proposed settlement, the Judges also
accepted the negotiated settlement and broadcast signals to the extent provided in 17 solicited comments on the Judges’
did not propose any substantive changes U.S.C. 111.’’ proposed relocation of the regulations to
to the participants’ proposed rates and Proposed § 387.2(a). The proposed 37 CFR part 387, which includes other
language, ‘‘the royalty fee rates for secondary applicable rules of the Copyright
terms. However, the Judges’ proposed transmission by cable systems are those
regulations updated terms, moved the Royalty Board. The Judges likewise
established by 17 U.S.C. 111(d)(1)(B)(i)–(iv), solicited comments on certain non-
rules to the chapter of the CFR that as amended,’’ is potentially ambiguous in
includes other applicable rules of the light of the express limitation at the substantive changes to the regulations to
Copyright Royalty Board, and proposed beginning of Section 111(d)(1)(B) that: make them easier to read. The Judges
certain other non-substantive changes to ‘‘Except in the case of a cable system whose received no comments on the editorial
make the rules easier to read. The royalty fee is specified by subparagraph (E) proposals.
or (F).’’ This limitation means that the royalty The Judges’ authority to adopt
Judges received comments from the
rates in subsections (i)–(iv) of Section proposed settlements as statutory rates
Phase I parties on the proposed changes 111(d)(1)(B) apply to only one class of cable and terms is codified in Section
and finding the suggested revisions systems—those with semi-annual gross 801(b)(7)(A) of the Copyright Act. That
therein clarified the rule, accepted all of receipts of $527,600 or more (commonly
provision of the Act authorizes the
the proposed changes. known as ‘‘Form 3 systems’’)—not to all
‘‘cable systems’’ as the general reference in Judges to adopt as a basis for statutory
DATES: Effective: September 13, 2016. terms and rates an agreement
Applicability date: January 1, 2015, proposed § 387.2(a) now suggests.
Accordingly, the Phase I Parties suggest that concerning such matters reached among
through December 31, 2019. the above-quoted language of proposed ‘‘some or all of the participants’’ in a
ADDRESSES: The final rule is also posted § 387.2(a) be modified to incorporate the proceeding ‘‘at any time during the
on the agency’s Web site (www.loc.gov/ statutory limitation, perhaps by revising the proceeding’’ except that the Judges must
crb). language to state ‘‘. . . by cable systems provide an opportunity to comment on
FOR FURTHER INFORMATION CONTACT: not subject to § 387.2(b) of these regulations
the agreement to those that would be
. . . ’’
Kimberly Whittle, Attorney Advisor, by Proposed § 387.2(b). The use of ‘‘alternate bound by the agreement. 17 U.S.C.
telephone at (202) 707–7658, or by tiered rates’’ in the title and body of this 801(b)(7)(A)(i). In light of the statutory
email at crb@loc.gov. section is potentially confusing because these requirements regarding adoption of
SUPPLEMENTARY INFORMATION: rates are not ‘‘alternate’’ rates that might settlements and the absence of any
apply to any cable system, but a separate set opposition to the proposed settlement,
Lhorne on DSK30JT082PROD with RULES

Background of rates, established by 17 U.S.C. 111(d)(1)(E) the Judges find that the proposed
On April 26, 2016, the Copyright settlement (along with the revisions
1 The ‘‘Phase I Parties’’ are the Program Suppliers,
Royalty Judges (Judges) published for proposed by the settling parties in their
Joint Sports Claimants, Public Television
comment in the Federal Register Claimants, Commercial Television Claimants,
comments), which leaves the current
proposed regulations governing royalty Music Claimants, Canadian Claimants Group, rates and terms unchanged and adjusts
rates and terms for the distant National Public Radio, and Devotional Claimants. the regulatory language to improve

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Document Created: 2018-02-09 13:16:37
Document Modified: 2018-02-09 13:16:37

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; technical amendment.
Dates		This action becomes effective on September 13, 2016.
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]
FR Citation		81 FR 62811
RIN Number		2120-AK84
CFR Associated		Air Traffic Control; Airspace and Navigation (air)

81 FR 62811 - Extension of the Requirement for Helicopters To Use the New York North Shore Helicopter Route; Technical Amendment

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 81, Issue 177 (September 13, 2016)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration