[Federal Register Volume 74, Number 178 (Wednesday, September 16, 2009)]
[Proposed Rules]
[Pages 47495-47500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22344]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 71 and 93
[Docket No. FAA-2009-0837; Airspace Docket No. 09-AWA-2; Notice No. 09-
11]
RIN 2120-AJ59
Proposed Modification of the New York, NY, Class B Airspace Area;
and Proposed Establishment of the New York Class B Airspace Hudson
River and East River Exclusion Special Flight Rules Area
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: This action proposes to make a minor modification to the New
York,
[[Page 47496]]
NY, Class B airspace area by adjusting the floor of Class B airspace
above a portion of the Hudson River to 1,300 feet above mean sea level
(MSL). Additionally, this action proposes to establish a Special Flight
Rules Area (SFRA) over the Hudson River and East River to mandate
certain pilot operating practices for flight within the Hudson River
and East River Class B airspace Exclusions. The FAA is proposing this
action to enhance the safety of flight operations in the New York Class
B airspace Exclusion areas.
DATES: Comments must be received on or before October 16, 2009.
ADDRESSES: You may send comments identified by Docket Number FAA-2009-
0837 using any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 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.
For more information on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of this document.
Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the electronic form of all comments received into any of
our dockets, including the name of the individual sending the comment
(or signing the comment for an association, business, labor union,
etc.). You may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477-78) or you
may visit http://DocketsInfo.dot.gov.
Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time and follow the online
instructions for accessing the docket, or, the Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this proposed rule, contact Paul Gallant, Airspace and Rules Group,
Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone: (202) 267-8783.
For legal questions concerning this proposed rule, contact Lorelei
Peter, Office of the Chief Counsel, AGC-220, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-3134.
SUPPLEMENTARY INFORMATION:
Later in this preamble under the Additional Information section, we
discuss how you can comment on this proposal and how we will handle
your comments. Included in this discussion is related information about
the docket, privacy, and the handling of proprietary or confidential
business information. We also discuss how you can get a copy of related
rulemaking documents.
Authority for This Rulemaking
The FAA's authority to issue rules regarding 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.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace.
Background
On August 8, 2009, a midair collision occurred between a helicopter
and a single-engine, fixed-wing aircraft operating in accordance with
visual flight rules (VFR) over the Hudson River near Hoboken, New
Jersey. This accident prompted the FAA and the National Transportation
Safety Board (NTSB) to examine the airspace configuration and pilot
procedures that apply in the vicinity of the incident.
There are three major airports in the New York City area: John F.
Kennedy International Airport (JFK); Newark Liberty International
Airport (EWR): and LaGuardia Airport (LGA). The FAA has designated the
airspace surrounding the three airports as Class B airspace. Class B
airspace is designated to enhance safety around airports with high
density air traffic operations. An air traffic control (ATC) clearance
is required to enter Class B airspace and, with limited exceptions, all
aircraft operating in the area must be equipped with a two-way radio
and an operational transponder. ATC provides separation to aircraft
operating within the Class B airspace area.
The New York Class B airspace area originated in 1971 when the FAA
issued a final rule establishing a terminal control area (TCA) around
the above mentioned airports (36 FR 13376 July 21, 1971). In 1991, the
term ``TCA'' was replaced with ``Class B airspace'' as part of the
Airspace Reclassification rule (56 FR 65638, December 17, 1991) which
harmonized United States airspace classifications with the terminology
used by the International Civil Aviation Organization (ICAO). The
original TCA airspace configuration for these airports was developed
with considerable public input. Concerns were expressed to the FAA
regarding the impact of the new airspace on operations by general
aviation users, police, fire and Coast Guard rescue activities,
helicopter operators and seaplane operators. A workgroup was formed to
address these concerns and as a result, the FAA decided to raise the
floor of certain subareas near EWR and LGA to 1,100 feet MSL over the
Hudson River and the East River to provide more accessible airspace for
the above-described operations. These areas are commonly referred to as
the Hudson River Exclusion and the East River Exclusion. The
configuration of the New York Class B airspace area has essentially
remained the same since designated as a TCA in 1971. The volume of air
traffic in the area, however, has grown significantly since that time.
The Hudson River Exclusion extends along the Hudson River between
the vicinity of the George Washington Bridge, on the north, and the
Verrazano-Narrows Bridge on the south. The exclusion extends from the
surface of the Hudson River up to the base of the overlying New York
Class B airspace area. Currently, the floor of Class B airspace along
the Hudson River varies between an altitude above 1,100 feet MSL and
1,500 feet MSL. The exclusion effectively is a ``cutout'' from the New
York Class B airspace area and permits pilots to fly through the area
without an ATC clearance.
The East River Class B Exclusion extends between the east and west
banks of the East River from Governors Island to the north tip of
Roosevelt Island. The exclusion extends from the surface of the river
up to the base of the overlying Class B airspace. This proposal would
not alter or amend the
[[Page 47497]]
configuration of the East River Exclusion.
Aeronautical charts that depict the New York Class B airspace area
carry a note advising pilots that a high density of uncontrolled
helicopter and fixed wing traffic operate in the Hudson River and East
River Class B Exclusions. The note also requests that all aircraft
self-announce their positions on the appropriate radio frequency as
noted on the charts. The charts alert pilots to the heavy concentration
of air tour operations in the vicinity of the Statue of Liberty and
Ellis Island. Additionally, the charts provide voluntary procedures
that are in effect for aircraft operating in the Hudson and East River
exclusions. These procedures request that aircraft operating in the
area:
Not exceed 140 knots indicated airspeed;
Turn on anticollision, position, navigation and/or landing
lights; and
Self announce on frequency 123.075 for the East River and
123.05 for the Hudson River.
These recommended procedures do not relieve pilots of compliance
with applicable Federal regulations, including regulations covering
minimum safe altitudes.
As a result of the August 8, 2009 accident, the FAA issued Notice
to Airmen (NOTAM) number 9/3952 encouraging pilots to follow the
recommended procedures described above. The FAA also formed a task
force to review current procedures for VFR flight operations in the New
York City area. A goal of the review was to identify safety
enhancements to flight operations in the Hudson River area. The
proposals in this notice respond to recommendations of the FAA's task
force, including recommendations to amend 14 CFR part 93 to establish
an SFRA covering the Hudson River and East River Exclusions and to
define operational procedures for use within the SFRA. Additionally, an
NTSB investigation of the accident is currently ongoing. Based on
preliminary findings, the NTSB issued a number of recommendations that
are similar to those developed by the FAA task force. This notice also
responds to those recommendations. A copy of the ``Review of New York
Visual Flight Rules Airspace: Task Force Report,'' dated August 28,
2009, has been placed in this rulemaking docket.
Discussion of the Proposals
14 CFR Part 71
The FAA is proposing an amendment to title 14 Code of Federal
Regulations (14 CFR) part 71 to modify portions of the New York, NY,
Class B airspace area in order to establish a uniform Class B airspace
floor of 1,300 feet MSL above the Hudson River Class B Exclusion. The
Hudson River Exclusion consists of that airspace overlying the Hudson
River beginning near the Alpine Tower (a visual reference point north
of the George Washington Bridge), south to the Verrazano-Narrows
Bridge, from the surface up to the overlying floor of the New York
Class B airspace area. Currently, the floor of Class B airspace above
the Hudson River Exclusion varies between the altitudes of ``above''
1,100 feet MSL and 1,500 feet MSL, at different points along the river.
In order to change the Class B airspace floor to 1,300 feet MSL in that
area, the FAA proposes to modify the legal description of Area D to
remove two segments where the floor of Class B airspace extends from
above 1,100 feet MSL over the Hudson River. The two segments to be
removed from Area D are that airspace within a 6-mile radius circle of
the LGA VOR/DME west of the east bank of the Hudson River; and that
airspace within the 6.5-mile radius circle centered at lat.
40[deg]41'30'' N., long. 74[deg]09'59'' W. The modified Area D would
only describe that airspace above 1,100 feet above that lies above the
East River. A new Area K would be added to describe that Class B
airspace extending upward from 1,300 feet MSL above the Hudson River.
The Area E description would be modified to exclude that airspace
contained in Area K. The purpose of this proposed change is to provide
separate altitudes for aircraft conducting local operations within the
Hudson River Exclusion and those overflight aircraft that are
transiting through the area predominantly in level flight.
14 CFR Part 93
The FAA is also proposing to establish an SFRA in part 93 covering
the New York Class B airspace Hudson River and East River Exclusions.
The SFRA would mandate that pilots follow certain operating practices
that at present are voluntary. In addition, pilots would need to comply
with mandatory charted reporting points that would be established for
position reporting in the Hudson River Exclusion. Lastly, the SFRA
would incorporate restrictions for fixed wing aircraft operations in
the East River Exclusion that are currently published in Flight Data
Center NOTAM number 6/3495 and were imposed following an October 11,
2006 accident. This accident occurred when a fixed wing aircraft,
attempting a 180[deg] turn in the East River Exclusion, crashed into an
apartment building in Manhattan, New York City.
The following voluntary practices, applicable in both the Hudson
River and East River Exclusions, would become mandatory for all pilots:
Maintain an indicated airspeed not to exceed 140 knots.
Turn on anti-collision, position/navigation, and/or
landing lights.
Self announce position on the appropriate radio frequency
for the East River or Hudson as depicted on the New York VFR Terminal
Area Chart (TAC) and/or New York Helicopter Route Chart.
In addition, the following new procedures would be adopted:
For Operations in Both the East River and Hudson River Exclusions
Pilots must have a current New York TAC chart and/or New
York Helicopter Route Chart in the aircraft and familiarize themselves
with the information contained therein.
For Hudson River Exclusion Operations
Pilots must self announce at the charted mandatory
reporting points, the following information: aircraft type and color,
current position, direction of flight and altitude.
Pilots must fly along the West shoreline of the Hudson
River when southbound, and along the East shoreline of the Hudson River
when northbound.
Aircraft overflying the area within the Hudson River
Exclusion, but not landing or departing any of the Manhattan heliports,
or landing facilities, or conducting any local area operations, must
transit the Hudson River Exclusion at or above an altitude of 1,000
feet MSL up to, but not including the floor of the overlying Class B
airspace.
For East River Exclusion Operations
VFR flight operations by fixed wing aircraft (excluding
amphibious fixed wing aircraft landing or departing the New York
Skyports, Inc., Seaplane Base) in the East River Class B Exclusion
(from the southwestern tip of Governors Island to the northern tip of
Roosevelt Island) are prohibited unless authorized and being controlled
by ATC. To obtain authorization, pilots must contact LaGuardia Airport
Traffic Control Tower prior to Governors Island.
Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses.
[[Page 47498]]
First, Executive Order 12866 directs 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) requires agencies
to analyze the economic impact of regulatory changes on small entities.
Third, the Trade Agreements Act (Pub. L. 96-39) prohibits agencies from
setting standards that create unnecessary obstacles to the foreign
commerce of the United States. In developing U.S. standards, the Trade
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) 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). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this proposed rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this proposed rule. The
reasoning for this determination follows.
This rule merely sets a uniform ceiling in the Hudson River
Exclusion to facilitate segregation of overflights from local traffic.
Pilots would self-announce at the reporting points while in the
Exclusion area. Pilot training regarding this change is voluntary. We
are incorporating the existing NOTAM restricting certain fixed-wing
operations in the East River Exclusion Area. Therefore, this rule does
not change the quantity of flights, nor training requirements, and
continues the existing safety restriction in the East River Exclusion
Area. Pilots will be required to carry current charts, at a cost of
$5.25 each. As a result, the expected cost is minimal. In addition,
these changes are expected to improve airspace safety. We request
comments with supporting justification regarding the FAA determination
of minimal impact.
FAA has, therefore, determined that this proposed 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.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear. We agree the rule may well affect a substantial number of small
entities. However, the FAA expects this rule to impose only minimal
cost; therefore there is not a significant economic impact.
Therefore, the FAA certifies that this proposed rule would not have
a significant economic impact on a substantial number of small
entities. The FAA solicits comments regarding this determination.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Legitimate domestic objectives, such as safety, are
not considered unnecessary obstacles. 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 proposed rule and has determined that it would
have only a domestic impact and therefore no effect on international
trade.
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 $136.1 million in lieu of $100
million. This proposed rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.
Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined that this proposed rulemaking action qualifies for the
categorical exclusion identified in paragraph 312f and involves no
extraordinary circumstances. The FAA has further determined that the
modification of the New York, NY Class B airspace area qualifies for
the categorical exclusion identified in paragraph 311a and involves no
extraordinary circumstances. Finally, the FAA determined the proposed
SFAR and corresponding operational and pilot procedures qualify for the
categorical exclusion identified in paragraph 311j and involve no
extraordinary circumstances.
Additional Information
Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. We also
invite comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket
[[Page 47499]]
does not contain duplicate comments, please send only one copy of
written comments, or if you are filing comments electronically, please
submit your comments only one time.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.
Availability of Rulemaking Documents
You can get an electronic copy of rulemaking documents using the
Internet by--
1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies or
3. Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
You can also get a copy 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) 267-9680. Make
sure to identify the docket number, notice number, or amendment number
of this rulemaking.
You may access all documents the FAA considered in developing this
proposed rule, including economic analyses and technical reports, from
the Internet through the Federal eRulemaking Portal referenced in
paragraph (1).
List of Subjects
14 CFR Part 71
Airspace, Incorporation by reference, Navigation (air).
14 CFR Part 93
Aircraft flight, Airspace, Aviation safety, Air traffic control,
Aircraft, Airmen, Airports.
The Proposed Amendments
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 and 14 CFR part 93 as
follows:
PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS
1. The authority citation for part 71 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
Sec. 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of the FAA Order
7400.9T, Airspace Designations and Reporting Points, dated and
effective September 15, 2009, is amended as follows:
Paragraph 3000 Class B Airspace
* * * * *
AEA NY B New York, NY [Amended]
* * * * *
Boundaries
By removing the description of Area D and Area E and
substituting the following; and by adding a new Area K as follows:
Area D. That airspace extending upward from above 1,100 feet MSL
to and including 7,000 feet MSL within the area between the east and
west banks of the East River southwest of the north end of Roosevelt
Island.
Area E. That airspace extending upward from 1,500 feet MSL to
and including 7,000 feet MSL within the area bounded by a line
beginning at the intersection of the 20-mile radius circle of JFK
VORTAC and the JFK VORTAC 208[deg] radial, thence counterclockwise
along the 20-mile arc to its intersection with the Long Island
shoreline, thence southwest along the Long Island shoreline to and
counterclockwise along the 13-mile radius circle of JFK VORTAC to
and counterclockwise along the 11-mile radius circle of LGA VOR/DME
to the LGA VOR/DME 351[deg] radial, thence direct to the LGA VOR/DME
283[deg] radial at the LGA VOR/DME 17-mile DME fix, thence
counterclockwise along a 10-mile radius circle centered at lat.
40[deg]41'30'' N., long. 74[deg]09'59'' W., to its intersection with
the Colts Neck VORTAC 005[deg] radial, thence direct to the
intersection of the Colts Neck VORTAC 034[deg] radial and the New
Jersey shoreline at Sandy Hook, thence south along the New Jersey
shoreline to the point of beginning; and that airspace within 2
miles each side of the Newark ILS Runway 4L localizer course,
extending from the CHESA outer marker to 6 miles southwest of the
outer marker, excluding that airspace within and below Areas A, B,
C, and D previously described; and excluding the airspace within and
below Areas F, J and K hereinafter described.
Area K. That airspace extending upward from 1,300 feet MSL, to
and including 7,000 feet MSL north of LaGuardia Airport within the
area beginning at the intersection of the LGA VOR/DME 11-mile DME
arc and the west bank of the Hudson River (near Alpine Tower) thence
south along the west bank of the Hudson River to intersect the Colts
Neck VOR/DME 012[deg] (T)/023[deg] (M) radial, thence southwest
along the Colts Neck 012[deg] (T)/023[deg] (M) radial to the Hudson
River shoreline, thence south along the shoreline to the Verrazano-
Narrows Bridge, thence east along the Bridge to the east bank of the
Hudson River, thence north along the east bank of the Hudson River
to lat. 40[deg]38'39'' N., long. 74[deg]02'03'' W., thence north
along a line drawn direct to the southwesternmost point of Governors
Island, thence north along a line drawn direct to the southwest tip
of Manhattan Island, thence north along the east bank of the Hudson
River to the LGA VOR/DME 11-DME arc, north of LaGuardia Airport,
thence counterclockwise along the 11-mile arc to the point of
beginning.
* * * * *
PART 93--SPECIAL AIR TRAFFIC RULES
3. The authority citation for part 93 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40106, 40109, 40113, 44502,
44514, 44701, 44719, 46301.
4. Add subpart W, consisting of Sec. Sec. 93.350 through 93.353,
to read as follows:
Subpart W--New York Class B Airspace Hudson River and East River
Exclusion Special Flight Rules Area
Sec.
93.350 Definitions.
93.351 General requirements for operating in the East River and/or
Hudson River Exclusions.
93.352 Hudson River Exclusion specific procedures.
93.353 East River Exclusion specific procedures.
Subpart W--New York Class B Airspace Hudson River and East River
Exclusion Special Flight Rules Area
Sec. 93.350 Definitions.
For the purposes of this subpart:
New York Class B airspace East River Exclusion is an area between
the east and west banks of, and overlying, the East River from the
southwestern tip of Governors Island to the north tip of Roosevelt
Island, from the surface up to 1,100 feet MSL.
New York Class B airspace Hudson River Exclusion is an area from
the surface up to but not including the overlying floor of the New York
Class B airspace area, between the east and west banks of, and
overlying, the Hudson River within the area beginning north of
LaGuardia Airport at the intersection of the LGA VOR/DME 11-mile DME
arc and the west bank of the Hudson River (near Alpine Tower) thence
south along the west bank of the Hudson River to intersect the Colts
Neck VOR/DME 012[deg] (T)/023[deg] (M) radial, thence southwest along
the Colts Neck 012[deg] (T)/023[deg] (M) radial to the Hudson River
shoreline,
[[Page 47500]]
thence south along the shoreline to the Verrazano-Narrows Bridge,
thence east along the Bridge to the east bank of the Hudson River,
thence north along the east bank of the Hudson River to lat.
40[deg]38'39'' N., long. 74[deg]02'03'' W., thence north along a line
drawn direct to the southwesternmost point of Governors Island, thence
north along a line drawn direct to the southwest tip of Manhattan
Island, thence north along the east bank of the Hudson River to the LGA
VOR/DME 11-DME arc, north of LaGuardia Airport, thence counterclockwise
along the 11-mile arc to the point of beginning.
Sec. 93.351 General requirements for operating in the East River and/
or Hudson River Exclusions.
Pilots must adhere to the following requirements:
(a) Maintain an indicated airspeed not to exceed 140 knots.
(b) Turn on anticollision, position/navigation, and/or landing
lights.
(c) Self announce position on the appropriate radio frequency for
the East River or Hudson River as depicted on the New York VFR Terminal
Area Chart (TAC) and/or New York Helicopter Route Chart.
(d) Have a current New York TAC chart and/or New York Helicopter
Route Chart in the aircraft and be familiar with the information
contained therein.
Sec. 93.352 Hudson River Exclusion specific procedures.
In addition to the requirements in Sec. 93.351, the following
procedures apply:
(a) Pilots must self announce at the charted mandatory reporting
points, the following information: Aircraft type and color, current
position, direction of flight and altitude.
(b) Pilots must fly along the West shoreline of the Hudson River
when southbound, and along the East shoreline of the Hudson River when
northbound.
(c) Aircraft overflying the area within the Hudson River Exclusion,
but not landing or departing any of the Manhattan heliports, or
conducting any local area operations, must transit the Hudson River
Exclusion at or above an altitude of 1,000 feet MSL up to, but not
including the floor of the overlying Class B airspace.
Sec. 93.353 East River Exclusion specific procedures.
In addition to the requirements in Sec. 93.351, VFR flight
operations by fixed wing aircraft (excluding seaplane fixed wing
aircraft landing or departing the New York Skyports, Inc. seaplane
base) in the East River Class B Exclusion extending from the
southwestern tip of Governors Island to the north tip of Roosevelt
Island are prohibited unless authorized and being controlled by ATC. To
obtain authorization, pilots must contact LaGuardia Airport Traffic
Control Tower prior to Governors Island.
Issued in Washington, DC, on September 11, 2009.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. E9-22344 Filed 9-15-09; 8:45 am]
BILLING CODE 4910-13-P