[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Rules and Regulations]
[Pages 62811-62812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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]
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