83 FR 55133 - Request for Comments on Requirement for Helicopters To Use the New York North Shore Helicopter Route

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 83, Issue 213 (November 2, 2018)

Page Range		55133-55134
FR Document		2018-24051

The FAA Reauthorization Act of 2018 directs the FAA to provide notice of, and an opportunity for, at least 60 days of public comment with respect to the regulations mandating that pilots operating civil helicopters under Visual Flight Rules use the New York North Shore Helicopter Route when operating along that area of Long Island, New York. The Act further states the FAA shall hold a public hearing in order to solicit feedback on the regulations from impacted communities. Such an opportunity will be provided and additional meeting information will be announced.

Federal Register, Volume 83 Issue 213 (Friday, November 2, 2018)

[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)]
[Proposed Rules]
[Pages 55133-55134]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24051]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 93

[Docket No.: FAA-2018-0954]


Request for Comments on Requirement for Helicopters To Use the 
New York North Shore Helicopter Route

AGENCY: Federal Aviation Administration (FAA), U.S. Department of 
Transportation (DOT).

ACTION: Request for comments.

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

SUMMARY: The FAA Reauthorization Act of 2018 directs the FAA to provide 
notice of, and an opportunity for, at least 60 days of public comment 
with respect to the regulations mandating that pilots operating civil 
helicopters under Visual Flight Rules use the New York North Shore 
Helicopter Route when operating along that area of Long Island, New 
York. The Act further states the FAA shall hold a public hearing in 
order to solicit feedback on the regulations from impacted communities. 
Such an opportunity will be provided and additional meeting information 
will be announced.

DATES: Written comments must be received on or before January 2, 2019.

ADDRESSES: Send comments identified by docket number FAA-2018-0954 
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 (DOT), 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.
     Facsimile: Fax comments to Docket Operations at (202) 493-
2251.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
http://www.regulations.gov at any time. Follow the online instructions 
for accessing the docket or go to the 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 questions concerning this action, 
contact Sheri Edgett-Baron, Airspace Policy Group, Air Traffic 
Organization, AJV-11, Federal Aviation Administration, 800 Independence 
Avenue SW, Washington, DC 20591; telephone: (202) 267-8783; email: 
sheri.edgett-baron@faa.gov.

SUPPLEMENTARY INFORMATION: 

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, as set forth in subpart H of part 93 of 
Title 14 of the Code of Federal Regulations, requires civil helicopter 
pilots operating under 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

[[Page 55134]]

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.\1\ 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.
---------------------------------------------------------------------------

    \1\ 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 helicopter noise 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 (79 FR 35488), and on July 25, 2016 the FAA issued a 
four-year extension of the Rule's termination date (81 FR 48323). The 
Rule is scheduled to expire on August 6, 2020.
    As explained in the Rule, helicopters are generally limited in the 
distance they can prudently operate from shore without being equipped 
for overwater operations because they are not able to glide for any 
significant distance in the event of a total loss of power.
    At the time of the original rulemaking, the FAA estimated that two-
thirds of commercial helicopters operating along the north shore were 
equipped with multiple engines. This equipage allowed for a route to be 
established a little farther off shore than what would be prudent in an 
area where single-engine helicopters are predominantly operated; 
however, there are still significant safety implications with pushing 
all helicopter traffic farther over the water. Allowing helicopters to 
operate within sight of the coastline provides pilots with multiple 
visual waypoints by which to safely navigate along the north shore. The 
route was designed to avoid the potential safety implications 
associated with helicopters flying in VFR conditions off the coastline 
and the interaction with other traffic at or above the route's 
specified altitude.
    The FAA is inviting comments that may assist the agency in 
assessing and understanding the impacts of the Rule and any potential 
implications of modifying the Rule. In particular, we invite responses 
to the following questions:
    1. Did implementation of the Rule result in more or less helicopter 
noise in your community compared to levels you experienced prior to 
implementation of the Rule?
    2. How and when do helicopter operators deviate from the Rule?
    3. Are there alternative or supplemental routes that you believe 
will reduce the noise impacts without jeopardizing the safe operation 
of aircraft?
    4. Should the Rule be extended, modified, or allowed to expire in 
2020?

    Issued under authority provided by Public Law 115-254, 49 U.S.C. 
106(f), 44701(a), and 44703 in Washington, DC, on October 29, 2018.
Daniel K. Elwell,
Acting Administrator.
[FR Doc. 2018-24051 Filed 11-1-18; 8:45 am]
 BILLING CODE 4910-13-P

55134 Federal Register / Vol. 83, No. 213 / Friday, November 2, 2018 / Proposed Rules

Chart’’). The Rule was promulgated to helicopters are predominantly operated; Flight Rules (VFR), whose route of flight
maximize use of the route, as published however, there are still significant safety takes them over the north shore of Long
per the Chart, to secure and improve implications with pushing all helicopter Island between the Visual Point Lloyd
upon decreased levels of noise that had traffic farther over the water. Allowing Harbor (VPLYD) waypoint and Orient
been voluntarily achieved.1 Under the helicopters to operate within sight of the Point (VPOLT), to use the North Shore
Rule, pilots are permitted to deviate coastline provides pilots with multiple Helicopter Route.
from the route and altitude visual waypoints by which to safely DATES: The public meetings will be held
requirements when necessary for safety, navigate along the north shore. The on November 13, November 14, and
weather conditions, or transitioning to route was designed to avoid the November 15, 2018.
or from a destination or point of potential safety implications associated ADDRESSES: The public meetings will be
landing. with helicopters flying in VFR held at the following sites:
The Rule originally had a two-year conditions off the coastline and the November 13, 2018, 7–9 p.m.—Cradle
duration and was set to terminate on interaction with other traffic at or above of Aviation Museum, Charles Lindbergh
August 6, 2014. The FAA limited the the route’s specified altitude. Blvd., Garden City, NY 11530.
duration of the Rule because, at the time The FAA is inviting comments that November 14, 2018, 7–9 p.m.—
of promulgation, the FAA did not have may assist the agency in assessing and Riverhead Middle School, 600 Harrison
data on the current rate of compliance understanding the impacts of the Rule Avenue, Riverhead, NY 11901.
with the voluntary route nor the and any potential implications of November 15, 2018, 7–9 p.m.—
circumstances surrounding an modifying the Rule. In particular, we Vaughn College, 8601 23rd Ave,
operator’s decision not to use the route. invite responses to the following Flushing, NY 11369.
The FAA concluded there would be no questions:
reason to retain the Rule if the FAA FOR FURTHER INFORMATION CONTACT:
1. Did implementation of the Rule
determined helicopter noise along the Christopher Bailey, Office of
result in more or less helicopter noise in
North Shore of Long Island did not Rulemaking, Federal Aviation
your community compared to levels you
improve. Accordingly, the Agency Administration; telephone (202) 267–
experienced prior to implementation of
decided that the Rule would expire in 4158; email Christopher.bailey@faa.gov.
the Rule?
two years, if it was determined there is 2. How and when do helicopter SUPPLEMENTARY INFORMATION:
no meaningful improvement in the operators deviate from the Rule? Purpose of the Public Meetings
effects of helicopter noise on quality of 3. Are there alternative or
life or that the Rule was otherwise supplemental routes that you believe The purpose of the public meetings is
unjustified. Specifically, the FAA stated will reduce the noise impacts without for the FAA to obtain feedback relevant
that should there be such an jeopardizing the safe operation of to the Rule at subpart H of part 93,
improvement, the FAA may, after aircraft? which requires civil helicopter pilots
appropriate notice and opportunity for 4. Should the Rule be extended, operating under VFR, whose route of
comment, decide to make the Rule modified, or allowed to expire in 2020? flight takes them over the north shore of
permanent. Likewise, should the FAA Long Island between the VPLYD
Issued under authority provided by Public
determine that reasonable modification Law 115–254, 49 U.S.C. 106(f), 44701(a), and
waypoint and VPOLT, to use the North
could be made to the route to better 44703 in Washington, DC, on October 29, Shore Helicopter Route. The FAA will
address noise concerns (and any other 2018. consider comments made at the public
relevant concerns), the FAA may choose Daniel K. Elwell, meetings in its review of the Rule.
to modify the Rule after notice and Acting Administrator. Public Participation and Meeting
comment. [FR Doc. 2018–24051 Filed 11–1–18; 8:45 am] Procedures
On June 23, 2014, the FAA issued a
BILLING CODE 4910–13–P The meetings will use a workshop
two-year extension of the Rule’s
termination date (79 FR 35488), and on format. FAA will have several stations
July 25, 2016 the FAA issued a four-year covering a number of relevant aspects of
DEPARTMENT OF TRANSPORTATION the Rule. Each station will be staffed by
extension of the Rule’s termination date
(81 FR 48323). The Rule is scheduled to Federal Aviation Administration a representative of the FAA who is able
expire on August 6, 2020. to answer questions regarding that
As explained in the Rule, helicopters 14 CFR Part 93 subject. There will also be a station
are generally limited in the distance where the public can submit a written
they can prudently operate from shore RIN 2120–AK39 statement or have their oral comment
without being equipped for overwater transcribed. No formal presentations
operations because they are not able to Notification of Public Meetings on will be made.
glide for any significant distance in the Requirement for Helicopters To Use Section 182 of the FAA
event of a total loss of power. the New York North Shore Helicopter Reauthorization Act of 2018 also calls
At the time of the original rulemaking, Route for a written comment period on the
the FAA estimated that two-thirds of AGENCY: Federal Aviation North Shore Helicopter Rule. See the
commercial helicopters operating along Administration (FAA), DOT. document published elsewhere in this
the north shore were equipped with ACTION: Notification of public meetings. issue of the Federal Register, titled
multiple engines. This equipage allowed Request for Comments on Requirement
for a route to be established a little SUMMARY: The FAA announces three for Helicopters to Use the New York
farther off shore than what would be public meetings to solicit feedback North Shore Helicopter Route, under
prudent in an area where single-engine concerning the New York North Shore docket number FAA–2018–0954, for
Helicopter Rule (‘‘the Rule’’). These information regarding submitting
1 The rule is based on a voluntary VFR route that
meetings are being held pursuant to written comments on the Rule to the
was developed by the FAA working with the
Eastern Region Helicopter Council. The voluntary
Section 182 of the FAA Reauthorization Federal Register.
route originally was added to the Chart on May 8, Act of 2018. The Rule requires civil Sign and oral interpretation can be
2008. helicopter pilots operating under Visual made available at the meeting, as well

VerDate Sep<11>2014 16:35 Nov 01, 2018 Jkt 247001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\02NOP1.SGM 02NOP1

Document Created: 2018-11-02 01:09:50
Document Modified: 2018-11-02 01:09:50

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		Proposed Rules
Action		Request for comments.
Dates		Written comments must be received on or before January 2, 2019.
Contact		For questions concerning this action, contact Sheri Edgett-Baron, Airspace Policy Group, Air Traffic Organization, AJV-11, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-8783; email: [email protected]
FR Citation		83 FR 55133

83 FR 55133 - Request for Comments on Requirement for Helicopters To Use the New York North Shore Helicopter Route

DEPARTMENT OF TRANSPORTATIONFederal Aviation Administration

Federal Register Volume 83, Issue 213 (November 2, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration