[Federal Register Volume 83, Number 213 (Friday, November 2, 2018)]
[Proposed Rules]
[Pages 55133-55134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24051]


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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.

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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: 
[email protected].

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.
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    \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.
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    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]
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