[Federal Register Volume 85, Number 153 (Friday, August 7, 2020)]
[Rules and Regulations]
[Pages 47895-47899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17334]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 93
[Docket Nos.: FAA-2020-0772 and FAA-2018-0954; Amdt. No. 93-103]
RIN 2120-AL65
Extension of the Requirement for Helicopters To Use the New York
North Shore Helicopter Route
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule amends the expiration date of the final rule
requiring pilots operating civil helicopters under Visual Flight Rules
to use the New York North Shore Helicopter Route when operating along
that area of Long Island, New York. The current rule expires on August
6, 2020. The FAA finds it necessary to extend the rule for an
additional two years.
DATES: Effective August 5, 2020 through August 5, 2022.
ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this final rule, see ``How
to Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Sheri Edgett-Baron, Airspace Rules and
Regulations, Air Traffic Organization, AJV-P2; Federal Aviation
Administration, 800 Independence Avenue SW, Washington, DC 20591;
telephone (202) 267-8783; email [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 47896]]
Good Cause for Immediate Effectiveness
Section 553(d) of the Administrative Procedure Act (APA) (5 U.S.C.)
generally requires that the publication or service of a substantive
rule shall be made not less than 30 days before its effective date.
Section 553(d)(3) provides an exception to this general requirement
when the agency finds good cause to waive the delay in the effective
date. The current rule expires on August 6, 2020, and this extension of
the rule maintains the status quo. To prevent confusion among pilots
using the route and avoid disruption of the current operating
environment from a temporary lapse of the requirement for helicopters
to use the New York North Shore Helicopter Route, the FAA finds that
good cause exists to make this rule immediately effective.
Authority
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
The FAA's authority for this rule is contained in 49 U.S.C. 40103
and 44715. Under section 40103(b)(2), the FAA Administrator has
authority to prescribe air traffic regulations on the flight of
aircraft (including regulations on safe altitudes) for, among other
purposes, navigating aircraft and protecting individuals and property
on the ground. In addition, section 44715(a) provides that, to relieve
and protect the public health and welfare from aircraft noise, the FAA
Administrator has authority to prescribe regulations to control and
abate aircraft noise.
I. Background
In 2012, in response to concerns from 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 required civil helicopter pilots operating 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 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. The Rule permits pilots 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. The Rule is based on a voluntary VFR route that the FAA
developed, working with the Eastern Region Helicopter Council. The
voluntary route originally was added to the Chart on May 8, 2008.
The Rule has been extended twice without substantive change. It is
currently in effect through August 6, 2020.\1\
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\1\ The Extension of the Expiration Date of the New York North
Shore Helicopter Route, 79 FR 35488 (June 23, 2014); Extension of
the Requirement for Helicopters to Use the New York North Shore
Helicopter Route, 81 FR 48323 (June 25, 2016).
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II. FAA Reauthorization Act of 2018
Section 182 of the FAA Reauthorization Act of 2018 (Pub. L. 115-
254, October 5, 2018) directed the FAA to hold a public hearing to
solicit feedback on the Rule from impacted communities and to provide
notice of, and an opportunity for, at least 60 days of public comment
regarding the Rule.
On November 2, 2018, the FAA opened the 60-day comment period and
announced three public meetings in the Federal Register.\2\ The FAA
subsequently announced a fourth public meeting on December 12, 2018.\3\
The meetings were held on Long Island in locations along the North
Shore Route and in Queens where helicopters turn east to pick up the
route. The meetings and comment period were also announced on social
media and through a press release, and local elected officials were
informed. The meetings were held using a workshop format where subject
matter experts from the FAA are available to speak with members of the
public to answer their questions. The public also had the ability to
provide comments at the meetings. Comments provided at these meetings
were added to the public comment docket.\4\
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\2\ Request for Comments on Requirement for Helicopters To Use
the New York North Shore Helicopter Route, 83 FR 55133 (Nov. 2,
2018), and Notification of Public Meetings on Requirement for
Helicopters To Use the New York North Shore Helicopter Route, 83 FR
55134 (Nov. 2, 2018).
\3\ Notification of Replacement Public Meeting on Requirement
for Helicopters To Use the New York North Shore Helicopter Route, 83
FR 63817 (Dec. 12, 2018).
\4\ FAA Docket No. FAA-2018-0954.
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The purpose of the meetings and the comment period was to assist
the FAA in assessing and understanding the impacts of the Rule and any
potential implications of modifying it. To help the public focus on the
issues, FAA invited responses to the following four questions, which
were stated in the FAA's November 2, 2018 Federal Register notice:
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?
At the close of the comment period on January 2, 2019, the FAA had
received a total of 417 comments, of which 396 were unique. Most of the
comments the FAA received were from private citizens. The FAA also
received comments from representatives of local governments and civic
associations. The largest portion of the comments came from people and
communities on the East End of Long Island.
III. Overview and Disposition of Comments
The vast majority of commenters who addressed the first question
complained about increased noise since the Rule's inception. A little
more than half of the comments related the increased noise to the Rule.
Without additional data and analysis, however, it is difficult to
determine whether an increase in the level of activity or the Rule is
the greatest contributing factor to the increase in noise complaints.
Approximately half of the commenters responded to the question
regarding helicopters deviating from the Rule. The comments demonstrate
that people believe pilots regularly deviate from the North Shore
Route, including altitude requirements. The comments indicate that
people perceive that deviations are commonplace.
Part of this belief may be a general misunderstanding of what the
Rule requires. The Rule permits deviations from the route for safety,
weather conditions, or transitioning to or from a destination or point
of landing. Additionally, commenters appear to believe mistakenly that
the altitude requirements of the route apply even after helicopters
depart the route to transition to their destination.
The FAA received over 200 comments with respect to alternate or
supplemental routes that may reduce noise. About half of these comments
recommended a southern route over the Atlantic Ocean. These commenters
believed that a southern route would minimize flight over land. Other
[[Page 47897]]
commenters believed that the route should require helicopters to
navigate around Orient Point or Plum Island; that is, that the route
should eliminate deviations to transition to or from a destination or
point of landing. Still other commenters suggested that helicopters
should be required to use both an all-water north shore route and a
south shore route. Some of these commenters suggested that the north
shore route be used in one direction and the south shore route be used
in the other direction.
While most commenters expressed a desire for FAA to modify the
route, there is no consensus as to how the route should be modified.
The FAA finds that more engagement with stakeholders is necessary
before a new or modified route acceptable to all stakeholders could be
created and incorporated into the regulations, should the FAA determine
that any further regulation is necessary. FAA also notes that East
Hampton Airport will no longer be subject to grant obligations in
September 2021,\5\ and the Town of East Hampton, which is the operator
of East Hampton Airport, has indicated that when its grant obligations
expire, it may close the airport or convert it to a private use
airport.\6\ As a private use airport, East Hampton may be able to
impose limits on operations (e.g., limits on the number of operations
per day or limits on the time of day that aircraft may operate) that
public use airports \7\ cannot impose without complying with the
Aircraft Noise and Capacity Act of 1990 (49 U.S.C. 47521 et seq.).\8\
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\5\ Grant obligations are assurances that an airport provides in
exchange for receiving federal grants to improve the airport. Among
the grant assurances are prohibitions on restricting access to the
airport based on noise and the obligation to keep the airport open
until the grant obligations expire.
\6\ A private use airport is a publicly owned or privately owned
airport not open to the public. Airport Compliance Manual, FAA Order
5190.6B, Appendix A, at 324 (2009).
\7\ A public use airport is an airport used or intended to be
used for public purposes. 49 U.S.C. 47102(20)-(21).
\8\ See also implementing regulations at 14 CFR part 161.
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Additionally, the Eastern Region Helicopter Council, which
represents the majority of commercial helicopter operators providing
service to the East End of Long Island, agreed to fly an all-water
route around Orient Point for the 2020 summer season.\9\
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\9\ See https://www.27east.com/southampton-press/helicopter-firms-agree-to-fly-new-noise-abatement-routes-into-east-hampton-airport-1686302/.
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Before considering any modification to the route, FAA would want to
consider how flying an all-water route impacts residents and operators,
particularly with respect to safety. Furthermore, before considering
modifying the route or creating a southern route, FAA would need a
better understanding of the likelihood that East Hampton Airport will
close or be converted to a private use airport. It would not be
efficient or effective to design a new route based on current
conditions when those conditions may no longer exist by the time a new
route and rulemaking are complete.
Finally, FAA asked commenters whether the Rule should be extended,
modified, or allowed to expire in August 2020. Virtually all of the
comments FAA received in response to this question suggested that the
Rule should either expire or be modified. Many of the comments mirrored
the comments regarding alternate or supplemental routes. Some of the
comments suggested modifications unrelated to the route and thus are
outside of the scope of this rulemaking. With respect to the comments
that suggested modifying the Rule, as discussed above, the lack of
consensus and the changing circumstances argue against a modification
of the Rule at this time.
Other commenters suggested that FAA should impose higher minimum
altitudes. While higher minimum altitudes could result in less noise in
certain areas, it could also spread noise over larger areas. Requiring
helicopters to maintain higher altitudes until in close proximity to an
airport would require pilots to make specialized steep approaches at
much lower airspeeds than most operations require. These landings could
take three to four times longer than a standard approach and landing,
causing a corresponding increase in noise levels and duration.
Still others comments suggested that Instrument Flight Rules (IFR)
routes should be required. IFR routes would not necessarily change the
location of aircraft and could have the impact of concentrating
aircraft on the IFR route. Finally, some commenters suggested that the
ability to deviate from the Rule be eliminated, even for weather and
safety. FAA finds that modifying the Rule to eliminate deviations for
weather and safety would create unsafe and potentially hazardous
conditions.
IV. Discussion of Final Rule
This final rule extends for an additional two years the requirement
for pilots of civil helicopters to use the North Shore Helicopter Route
when transiting along the north shore of Long Island. The FAA
considered the comments received, and expects that two years will
provide a sufficient time to assess route modifications identified by
commenters and whether a new or modified route should be created and
incorporated into regulation. Additionally, this period of time will
allow the FAA to evaluate the effects of the all-water route around
Orient Point resulting from the voluntary agreement by the Eastern
Region Helicopter Council, and the effects of any changes implemented
by East Hampton Airport once it ceases to be a grant obligated airport
in 2021. Extending the requirement to use the North Shore Helicopter
Route during this period will continue to foster maximum use of the
North Shore Helicopter Route and avoid disruption of the current
operating environment. Therefore, the FAA finds that a two-year
extension of the current rule is warranted.
IV. Regulatory Notices and Analyses
A. Regulatory Evaluation
Changes to Federal regulations must undergo several analyses.
First, Executive Orders 12866 and 13563 direct that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. In
addition, DOT rulemaking procedures in 49 CFR part 5 instruct DOT
agencies to issue a regulation upon a reasoned determination that
benefits exceed costs. Second, the Regulatory Flexibility Act of 1980
(Pub. L. 96-354), as codified at 5 U.S.C. 603 et seq., requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
codified in 19 U.S.C. Chapter 13, prohibits agencies from setting
standards that create unnecessary obstacles to the foreign commerce of
the United States. In developing U.S. standards, the Trade Agreements
Act requires agencies to consider international standards and, where
appropriate, that they be the basis of U.S. standards. Fourth, the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), as codified in 2
U.S.C. Chapter 25, requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
base year of 1995). The FAA also analyzes this regulation under the
Paperwork Reduction Act. This portion of the preamble
[[Page 47898]]
summarizes the FAA's analysis of the economic impacts of this final
rule.
In conducting these analyses, the FAA has determined this rule is
not a significant regulatory action, as defined in section 3(f) of
Executive Order 12866 and under DOT rulemaking procedures. As notice
and comment under 5 U.S.C. 553 are not required for this final rule,
the regulatory flexibility analyses described in 5 U.S.C. 603 and 604
regarding impacts on small entities are not required. This rule will
not create unnecessary obstacles to the foreign commerce of the United
States. This rule will not impose an unfunded mandate on State, local,
or tribal governments, or on the private sector, by exceeding the
threshold identified previously.
This final rule amends the expiration date of the final rule
requiring pilots operating civil helicopters under Visual Flight Rules
to use the New York North Shore Helicopter Route when operating along
that area of Long Island, New York. As previously discussed, the FAA
finds it necessary to extend the Rule for an additional two years to
preserve the current operating environment while allowing sufficient
time for the FAA to assess route modifications identified by commenters
and whether a new or modified route could be created and would be
appropriate for incorporation into regulation.
The FAA determined the 2012 final rule would impose minimal costs
because many of the existing operators were already complying with the
final rule requirements. In addition, the FAA based the 2012 final rule
on a voluntary route developed by the FAA working with the Eastern
Region Helicopter Council--the FAA added the voluntary route to the New
York Helicopter Chart on May 8, 2008. The 2012 final rule also permits
deviations from the route for safety, weather conditions, or
transitioning to or from a destination or point of landing. The FAA
extended the 2012 final rule in 2014 and 2016 without any substantive
change. As this final rule further extends the 2012 final rule
requirements without change, the FAA expects it will not impose
additional costs.
Therefore, the FAA has determined that this final rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act, in 5 U.S.C. 605(b), provides that a
regulatory flexibility analysis is not required if the head of an
agency certifies that a rule will not have a significant economic
impact on a substantial number of small entities. The agency head must
also include a statement providing the factual basis for this
certification.
The FAA Administrator certifies that this final rule will not have
a significant economic impact on a substantial number of small
entities, for the following reasons. With this final rule, the
regulatory provisions already in place will be extended two years to
provide the FAA with time to assess route modifications identified by
commenters and whether a new or modified route could be created and
incorporated into regulation. The final regulatory flexibility analysis
for the 2012 final rule determined that it had a minimal cost impact on
a substantial number of small entities. This final rule extends those
requirements. Thus, the FAA expects a minimal economic impact on a
substantial number of small entities.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to this Act, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this final rule and determined that
the Rule will preserve the current operating environment and is not
considered an unnecessary obstacle to foreign commerce.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $155 million in lieu of $100
million.
This final rule does not contain such a mandate. Therefore, the
requirements of Title II of the Act do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new requirement for information collection associated with
this final rule.
F. International Compatibility and Cooperation
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to this regulation.
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation.
G. Environmental Analysis
FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' identifies FAA actions that, in the absence of
extraordinary circumstances, are categorically excluded from requiring
an environmental assessment (EA) or environmental impact statement
(EIS) under the National Environmental Policy Act. This rule qualifies
for the categorical exclusion in paragraph 5-6.6.f of that Order, which
includes ``[r]egulations . . . excluding those that if implemented may
cause a significant impact on the human environment.'' There are no
extraordinary circumstances that warrant preparation of an EA or EIS.
IV. Executive Order Determinations
A. Executive Order 12114, Environmental Effects Abroad of Major Federal
Actions
The FAA has analyzed this action under Executive Order 12114,
Environmental Effects Abroad of Major Federal Actions (44 FR 1957,
January 4,
[[Page 47899]]
1979), and DOT Order 5610.1C, Paragraph 16. Executive Order 12114
requires the FAA to be informed of environmental considerations and
take those considerations into account when making decisions on major
Federal actions that could have environmental impacts anywhere beyond
the borders of the United States. The FAA has determined that this
action is exempt pursuant to Section 2-5(a)(i) of Executive Order 12114
because it does not have the potential for a significant effect on the
environment outside the United States.
In accordance with FAA Order 1050.1F, Environmental Impacts:
Policies and Procedures, paragraph 8-6(c), the FAA has prepared a
memorandum for the record stating the reason(s) for this determination
and has placed it in the docket for this rulemaking.
B. Executive Order 13132, Federalism
The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The agency determined
that this action will not have a substantial direct effect on the
States, or the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and, therefore, does not have federalism
implications.
C. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
is not a ``significant energy action'' under the Executive order and it
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
D. Executive Order 13609, Promoting International Regulatory
Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation.
E. Executive Order 13771, Reducing Regulation and Controlling
Regulatory Costs
This rule is not an Executive Order 13771 regulatory action because
this rule is not significant under Executive Order 12866.
VI. How To Obtain Additional Information
A. Availability of Rulemaking Documents
An electronic copy of a rulemaking document may be obtained by
using the internet --
1. Search the Federal eRulemaking Portal (https://www.regulations.gov/);
2. Visit the FAA's Regulations and Policies web page at https://www.faa.gov/regulations_policies/ or
3. Access the Government Printing Office's web page at https://www.govinfo.gov/.
Copies may also be obtained by sending a request (identified by
notice, amendment, or docket number of this rulemaking) to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
B. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document may
contact its local FAA official, or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA, visit https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
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(f), 106(g), 40103, 40106, 40109, 40113,
44502, 44514, 44701, 44715, 44719, 46301.
0
2. Revise Subpart H to read as follows:
Subpart H--Mandatory Use of the New York North Shore Helicopter Route
Sec.
93.101 Applicability.
93.103 Helicopter operations.
Sec. 93.101 Applicability.
This subpart prescribes a special air traffic rule for civil
helicopters operating VFR along the North Shore, Long Island, New York,
between August 5, 2020, and August 5, 2022.
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 August 4, 2020.
Steve Dickson,
Administrator.
[FR Doc. 2020-17334 Filed 8-5-20; 4:15 pm]
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