In a surprising climax to the long controversy concerning helicopter flights and attendant noise impacts on the North Shore communities of New York’s Suffolk County, the FAA, on July 6, issued a “Final Rule,” making mandatory the current voluntary flight path for helicopters one mile offshore, but allowing the “Final Rule” to sunset on August 6, 2014, two years from the effective date, “unless the FAA determines a permanent rule is merited.”  The route commences 20 miles northeast of LaGuardia, near Huntington, New York, and remains approximately one mile offshore until reaching Orient Point, near the eastern end of Long Island, with deviations allowed for safety reasons, and to allow helicopters to transit over land to reach their ultimate destinations. 

The FAA discloses that its decision to promulgate the original voluntary rule arose from the numerous complaints of noise from helicopter overflights brought to its attention by Senator Charles Schumer of New York and Representative Tim Bishop of Long Island’s North Shore in October, 2007.  The subsequent mandatory rule apparently resulted from continued political pressure by residents who are “unbearably and negatively” impacted, particularly during the summer months when the number of helicopters, as well as deviations from the voluntary routing, seem to increase dramatically.  The real surprises in the “Final Rule,” however, are FAA’s rationale for: (1) making the route mandatory, a rationale which seems to apply equally to currently voluntarily procedures at other airports; and (2) the Rule’s sunset provision. 
 


Continue Reading FAA Issues Temporary “Final Rule” for the New York North Shore Helicopter Route

Residents of Eastern Long Island are awaiting the Federal Aviation Administration (FAA) Final Rule regarding the New York North Shore Helicopter Route. If the Final Rule tracks the FAA’s Notice of Proposed Rulemaking (NPRM), helicopters flying along Long Island’s northern shoreline will be required to use the North Shore Helicopter Route. Pilots may deviate from the route only if necessary for safety or when required by weather conditions. The North Shore Route was added to the New York Helicopter Chart in 2008. However the route was developed for visual flight rules (VFR), and use of the route has been voluntary. The new rule would direct pilots to fly at an altitude of 2,500 feet, one mile offshore, and require that when crossing overland they overfly the least populated areas.

 The FAA cites 49 U.S.C. sections 40103 and 44715 as authority for the rule. Under section 40103(b)(2), the FAA Administrator has authority to “prescribe traffic regulations on the flight of aircraft (including regulations on safe altitudes) for . . . (B) protecting individuals and property on the ground.” Section 44715(a) provides that to “relieve and protect the public health and welfare from aircraft noise” the Administrator, “as he deems necessary, shall prescribe . . . (ii) regulations to control and abate aircraft noise . . .” If implemented, the Rule would establish the first-ever mandatory regulations that will set minimum altitudes and establish flight patterns for helicopters on Long Island based on noise abatement, rather than on safety or efficient airspace management. The FAA acknowledges in the NPRM that the rule is in response to complaints from, among others, New York Senator Charles Schumer and former senator Hillary Clinton.


Continue Reading Eastern Long Island (NY) Awaits Federal Aviation Administration Final Rule on North Shore Helicopter Route