Rule2022-16372
Extension of the Requirement for Helicopters To Use the New York North Shore Helicopter Route
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 29, 2022
Effective
July 29, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This interim final rule with request for comment amends the expiration date of the rule requiring pilots operating civil helicopters under Visual Flight Rules to use the New York North Shore Helicopter Route when operating along the northern shoreline of Long Island, New York. The current rule expires on August 5, 2022. The FAA finds it necessary to extend the rule for four years.
Full Text
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<title>Federal Register, Volume 87 Issue 145 (Friday, July 29, 2022)</title>
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[Federal Register Volume 87, Number 145 (Friday, July 29, 2022)]
[Rules and Regulations]
[Pages 45638-45642]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16372]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 93
[Docket No. FAA-2022-1029; Amdt. No. 93-103]
RIN 2120-AL77
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: Interim final rule with request for comment.
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SUMMARY: This interim final rule with request for comment amends the
expiration date of the rule requiring pilots operating civil
helicopters under Visual Flight Rules to use the New York North Shore
Helicopter Route when operating along the northern shoreline of Long
Island, New York. The current rule expires on August 5, 2022. The FAA
finds it necessary to extend the rule for four years.
DATES: Effective July 29 2022 through July 29, 2026.
Send comments on or before August 29, 2022.
ADDRESSES: Send comments identified by docket number FAA-2022-1029
using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> and follow the online instructions for sending
your comments electronically.
<bullet> 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.
<bullet> 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.
<bullet> Fax: 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,
[[Page 45639]]
without edit, including any personal information the commenter
provides, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, as described in the system of
records notice (DOT/ALL-14 FDMS), which can be reviewed at <a href="https://www.dot.gov/privacy">https://www.dot.gov/privacy</a>.
Docket: Background documents or comments received may be read at
<a href="https://www.regulations.gov/">https://www.regulations.gov/</a> 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: Brian Konie, Airspace Rules and
Regulations Team AJV-P21, Mission Support Services, Air Traffic
Organization, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591; telephone (202) 267-0745; email <a href="/cdn-cgi/l/email-protection#cff6e2818e9b83e28196e281a0bdbba79ca7a0bdaa8fa9aeaee1a8a0b9"><span class="__cf_email__" data-cfemail="4c7561020d18006102156102233e38241f24233e290c2a2d2d622b233a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Good Cause for Immediate Adoption
Title 5 U.S.C. 553(b)(B) 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.'' Additionally, 5 U.S.C. 553(d)
generally requires that the publication or service of a substantive
rule shall be made not less than 30 days before its effective date, but
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 East Hampton Town Airport (previously the East Hampton Airport)
is the airport of choice for those traveling to the Hamptons because of
its location and available services at the airport, particularly
fueling. Other airports in the vicinity of the Hamptons include Francis
S. Gabreski Airport (KFOK), a county-owned, joint civil-military
airport; Montauk Airport (KMTP), a privately owned, public use airport;
and Southampton Heliport (87N). Although Gabreski Airport is 26 miles
from central East Hampton, limited road capacity (one lane in each
direction) and congestion during the summer months make it a less
attractive destination airport. Montauk Airport has a shorter runway
and does not provide aircraft services, including fueling. The
Southampton Heliport consists of a single helipad with no room for
parking aircraft and provides neither fueling nor other aircraft
services.
On September 26, 2021, East Hampton Airport's contractual grant
obligations expired.\1\ The FAA received written notice on January 20,
2022, from the Town of East Hampton, New York, followed by an amended
request on February 17, 2022, advising that effective May 17, 2022, the
Town would close the public-use East Hampton Airport and activate a new
private-use, prior permission required, airport at the same location on
May 19, 2022.\2\ The FAA published the notice of closure of the public-
use of East Hampton Airport in the Federal Register on April 15, 2022
(87 FR 22617). Subsequently, the FAA began deactivating the East
Hampton Airport and taking the necessary steps to activate the East
Hampton Town Airport.\3\ On May 19, 2022, the new private-use, prior
permission required, East Hampton Town Airport was activated.\4\
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\1\ 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.
\2\ 87 FR 22617 (April 15, 2022). Private-use airports 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 cannot impose without complying
with the Aircraft Noise and Capacity Act of 1990 (49 U.S.C. 47521 et
seq.) See also implementing regulations at 14 CFR part 161.
\3\ Letter from Marie Kennington-Gardiner, Regional
Administrator, Office of the Regional Administrator Eastern Region,
Federal Aviation Administration dated May 17, 2022, to Andrew Barr,
Cooley LLP, available at <a href="http://ehamptonny.gov/786/2022-Airport-News-and-Decision-Making">http://ehamptonny.gov/786/2022-Airport-News-and-Decision-Making</a>.
\4\ In order to deactivate (i.e., close) an airport for a period
of one year or more, the airport operator must file a notice with
the FAA of closing 90 days prior to the intended closing date. The
FAA then posts a notice in the Federal Register announcing the
closure in some cases. In order to activate (i.e., open) an airport,
the potential operator must file a notice 90 days in advance of
construction, allowing the FAA to conduct an airport airspace
analysis to determine if the proposed airport would impact traffic
patterns of neighboring airports; would impact the existing airspace
structure and projected programs of the FAA; along with impacts of
known obstructions within the affected area, and on file with the
FAA, on the proposed airport. Public-use airports and some private-
use airports are then charted on FAA-issued aeronautical charts for
the area in which the airport is located. The FAA determined that
the East Hampton Town Airport should be charted. The Airport was
charted on the New York Area charts, the New York Area Sectional
Chart, the New York Terminal Area Chart, and the New York Helicopter
Chart, on May 19, 2022.
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Notwithstanding the FAA's actions to deactivate the public-use East
Hampton Airport and activate the private-use East Hampton Town Airport,
the East Hampton Town Airport has not begun operating as a private-use
airport. On May 16, 2022, the New York State Supreme Court issued
temporary restraining orders (TRO) prohibiting the Town from
``continuing to take any steps to effectuate the closure of the
airport, the conversion of the airport to a `private use' facility, or
the operation of the airport on a `prior permission required' basis''
in response to several lawsuits.\5\ To effectuate the court's orders
and in light of the FAA's inability to safely forestall several aspects
of the deactivation of a public-use airport process,\6\ the private-
use, prior permission required, East Hampton Town Airport is currently
operating as if it was a public-use airport. Additionally, on June 8,
2022, the Town indicated that it may close the airport permanently.\7\
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\5\ See East End Hangars, Inc. v. Town of East Hampton, No.
602799/2022 (N.Y. Sup. Ct. Suffolk Cty.); The Coalition to Keep East
Hampton Airport Open, Ltd. v. Town of East Hampton, New York, No.
602801/2022 (N.Y. Sup. Ct. Suffolk Cty.); and, Blade Air Mobility,
Inc. v. Town of East Hampton, No. 602802/2022 (N.Y. Sup. Ct. Suffolk
Cty.) available at <a href="http://ehamptonny.gov/786/2022-Airport-News-and-Decision-Making">http://ehamptonny.gov/786/2022-Airport-News-and-Decision-Making</a>. Separately, on May 14, 2022, the National Business
Aviation Association joined with several other stakeholders in
filing legal challenges to planned closure of the East Hampton
Airport in the U.S. District Court for the Eastern District of New
York. Friends of the East Hampton Airport, Inc. Analar Corporation,
Associated Aircraft Group, Inc. Eleventh Street Aviation LLC,
Helicopter Association International, Inc. Heliflite Shares LLC,.
Liberty Helicopters, Inc. Sound Aircraft Services, Inc., and
National Business Aviation Association, Inc. v. Town of East
Hampton, No. 15-cv-2246-JS-ARL (E.D.N.Y.).
\6\ By the time the FAA received notice of the TRO on May 16,
2022, it was too late to change or cancel the new charts. As a
result, the airport identifier for the public-use East Hampton
Airport no longer existed on May 19, 2022, and was replaced by the
identifier for the private-use East Hampton Town Airport. Pilots are
not able to file flight plans to the public-use airport. The public
instrument procedures for the public-use airport were decommissioned
and replaced by special instrument procedures. Air Traffic
Controllers had been trained on new procedures for dealing with the
private-use airport; retraining the controllers in the formerly-used
procedures would cause confusion, which would compromise safety.
\7\ <a href="https://www.easthamptonstar.com/government/202268/if-town-cant-change-airport-it-may-close-it">https://www.easthamptonstar.com/government/202268/if-town-cant-change-airport-it-may-close-it</a>.
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Since the time that East Hampton Airport's contractual obligations
expired in 2021, the airport's operating status has remained in flux.
Because the East Hampton Airport is the airport of choice for those
traveling to the Hamptons, a change in the airport's operating status
could conceivably have significant effects on helicopter air travel in
the New York North Shore area to the east end of Long Island. For
example, if the East Hampton Airport is changed to a private-use
airport or closed permanently, much of the traveling public currently
using the New York North Shore Helicopter Route may need to find an
alternative means of traveling to their destinations in Long Island.
[[Page 45640]]
Those alternative means could involve the use of a different air travel
route or surface transportation, which would decrease the amount of air
traffic using the New York North Shore Helicopter Route. The ongoing
uncertainty regarding the airport's operating status prevents the FAA
and the public in assessing the effects of any changes that the East
Hampton Town Airport may implement that might influence potential
modifications to the New York North Shore Helicopter Route, prior to
the Rule's August 5, 2022, expiration date.
Further, given that there is no available timeline for resolution
of the East Hampton Town Airport's operating status and subsequent
adjustments operators may make, the FAA expects a 4-year extension to
provide FAA with sufficient time for such issues to resolve to evaluate
any new traffic redirection and consider that evaluation in assessing
the current rule.
Therefore, in light of the pending expiration date, to prevent
confusion among pilots using the Route and avoid disruption of the
current operating environment, the FAA finds notice and comment
impractical and that good cause exists to make this interim final rule
extending the expiration date of the Rule, effective in less than 30
days.
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 Administrator of the FAA 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
Administrator of the FAA, has the 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 FAA codified the final rule in subpart H of part 93 of title
14 of the Code of Federal Regulations (14 CFR). The rule requires
pilots operating civil helicopters under Visual Flight Rules (VFR) 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 (Chart).
Subpart H 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. Under subpart H, 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. Subpart H 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 has been extended three times without
substantive change.\8\ It is currently in effect through August 5,
2022.
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\8\ 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); and Extension of the
Requirement for Helicopters To Use the New York North Shore
Helicopter Route, 85 FR at 47897 (August 7, 2020).
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II. Discussion of Interim Final Rule
This interim final rule extends, for an additional four years, the
requirement for pilots of civil helicopters operating under VFR to use
the North Shore Helicopter Route when transiting along the north shore
of Long Island.
In the 2020 final rule extending subpart H for two years, the FAA
explained that it needed to assess route modifications identified by
commenters in response to the FAA's request for comments and public
meetings regarding subpart H in accordance with section 182 of the FAA
Reauthorization Act of 2018 \9\ and whether a new or modified route
should be created and incorporated into regulation. Additionally, the
FAA stated that it required time 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 ceased to be a grant
obligated airport.\10\ However, prior to completing these assessments,
the operating status of the East Hampton Town Airport must be resolved.
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\9\ 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 subpart H of 14 CFR part 93, from impacted
communities and to provide notice of, and an opportunity for, at
least 60 days of public comment with respect to subpart H. The FAA
invited responses to four questions; including, should subpart H be
extended, modified, or allowed to expire in 2020. Virtually all of
the comments the FAA received in response to this question suggested
that subpart H should either expire or be modified. See Request for
Comments on Requirement for Helicopters To Use the New York North
Shore Helicopter Route, 83 FR 55133 (Nov. 2, 2018), Notification of
Public Meetings on Requirement for Helicopters To Use the New York
North Shore Helicopter Route, 83 FR 55134 (Nov. 2, 2018), and
Notification of Replacement Public Meeting on Requirement for
Helicopters To Use the New York North Shore Helicopter Route, 83 FR
63817 (Dec. 12, 2018).
\10\ The FAA notes that operators voluntarily agreed to fly the
all-water route around Orient Point, and it appears that many
operators, while continuing to comply with the regulation, have
ceased flying the all-water route.
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Extending the requirement for helicopters to use the North Shore
Helicopter Route for a four-year period will continue to foster maximum
use of the Route and avoid disruption of the current operating
environment while the East Hampton Town Airport's operating status is
resolved and then allow the FAA a sufficient period of time to collect
and assess relevant data.
III. 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. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354), as codified in
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
[[Page 45641]]
for inflation with base year of 1995). The FAA also analyzes this
regulation under the Paperwork Reduction Act. This portion of the
preamble 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. As notice and comment under 5 U.S.C. 553 are not
required for this interim 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 interim 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 subpart H for an additional four years
to preserve the current operating environment while allowing sufficient
time for the FAA to conduct research to assess route modifications
identified by commenters and whether a new or modified route could be
created and would be appropriate for incorporation into the
regulations.
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, 2016, and 2020 without any
substantive change. As this interim final rule further extends the 2012
final rule requirements without change, the FAA expects it will not
impose additional costs.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act (RFA), in 5 U.S.C. 603, requires an
agency to prepare an initial regulatory flexibility analysis describing
impacts on small entities whenever an agency is required by 5 U.S.C.
553, or any other law, to publish a general notice of proposed
rulemaking for any proposed rule. Similarly, 5 U.S.C. 604 requires an
agency to prepare a final regulatory flexibility analysis when an
agency issues a final rule under 5 U.S.C. 553 after being required by
that section or any other law to publish a general notice of proposed
rulemaking. The FAA found good cause to forgo prior notice and comment
for this rule. As notice and comment under 5 U.S.C. 553 are not
required in this situation, the regulatory flexibility analyses
described in 5 U.S.C. 603 and 604 are not required.
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 interim final rule and determined
that subpart H 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 $165 million in lieu of $100
million.
This interim 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 interim 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 interim final rule.
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 13132, Federalism
The FAA has analyzed this interim 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.
B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this interim final rule under Executive Order
13211, Actions Concerning Regulations that Significantly Affect Energy
Supply, Distribution, or Use. 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.
[[Page 45642]]
C. 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.
V. How To Obtain Additional Information
A. Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The Agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting this interim
final rule. The most helpful comments reference a specific portion of
the rule, explain the reason for any recommended change, and include
supporting data. To ensure the docket does not contain duplicate
comments, commenters should submit only one time if comments are filed
electronically or commenters should send only one copy of written
comments if comments are filed in writing.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this rulemaking. Before acting on this interim
final rule, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The Agency may change this interim final
rule in light of the comments it receives.
B. Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this interim final rule contain commercial or financial information
that is customarily treated as private, that you actually treat as
private, and that is relevant or responsive to this interim final rule,
it is important that you clearly designate the submitted comments as
CBI. Please mark each page of your submission containing CBI as
``PROPIN.'' The FAA will treat such marked submissions as confidential
under the FOIA, and they will not be placed in the public docket of
this rule. Submissions containing CBI should be sent to the person in
the FOR FURTHER INFORMATION CONTACT section of this document. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
C. Electronic Access and Filing
A copy of this interim final rule, all comments received, any final
rule, and all background material may be viewed online at <a href="https://www.regulations.gov">https://www.regulations.gov</a> using the docket number listed above. A copy of
this rule will be placed in the docket. Electronic retrieval help and
guidelines are available on the website. It is available 24 hours each
day, 365 days each year. An electronic copy of this document may also
be downloaded from the Office of the Federal Register's website at
<a href="https://www.federalregister.gov">https://www.federalregister.gov</a> and the Government Publishing Office's
website at <a href="https://www.govinfo.gov">https://www.govinfo.gov</a>. A copy may also be found at the
FAA's Regulations and Policies website at <a href="https://www.faa.gov/regulations_policies">https://www.faa.gov/regulations_policies</a>.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
Interested persons must identify the docket or amendment number of this
rulemaking.
All documents the FAA considered in developing this rule, including
economic analyses and technical reports, may be accessed in the
electronic docket for this rulemaking.
D. 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 <a href="https://www.faa.gov/regulations_policies/rulemaking/sbre_act/">https://www.faa.gov/regulations_policies/rulemaking/sbre_act/</a>.
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
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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.
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2. Revise Sec. 93.101 to read as follows:
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 July 29, 2022, and July 29, 2026.
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC, on
Billy Nolen,
Acting Administrator.
[FR Doc. 2022-16372 Filed 7-27-22; 4:15 pm]
BILLING CODE 4910-13-P
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</html>Indexed from Federal Register on July 29, 2022.
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