[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 [www.gpo.gov]
[FR Doc No: 2022-16372]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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:
     Federal eRulemaking Portal: Go to https://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.
     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 https://www.regulations.gov, as described in the system of 
records notice (DOT/ALL-14 FDMS), which can be reviewed at https://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
https://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: 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 [email protected].

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\
---------------------------------------------------------------------------

    \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 http://ehamptonny.gov/786/2022-Airport-News-and-Decision-Making.
    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \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 http://ehamptonny.gov/786/2022-Airport-News-and-Decision-Making. 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\ https://www.easthamptonstar.com/government/202268/if-town-cant-change-airport-it-may-close-it.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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 https://www.regulations.gov 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 
https://www.federalregister.gov and the Government Publishing Office's 
website at https://www.govinfo.gov. A copy may also be found at the 
FAA's Regulations and Policies website at https://www.faa.gov/regulations_policies.
    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 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 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


