Would Impose A Mandatory Nighttime Curfew, A Ban On Helicopters On Summer Weekends, And Other Restrictions

A group of industry associations has publicly expressed concern about the potential restrictions on helicopter and other flights proposed at the East Hampton (NY) airport. In comments submitted as part of a March 12 public hearing held by East Hampton officials, the associations asked those officials to consider that the proposed plans – if implemented – would significantly impact flights and commerce at KHTO.

The town’s proposed restrictions, considered at the March 12 hearing, include a mandatory nighttime curfew from 11 p.m. to 7 a.m.; an extended curfew on what town officials refer to as “noisy” aircraft from 8 p.m. to 9 a.m.; a ban on all helicopters on weekends during the summer; and a limit on operations by noisy aircraft of one trip (one arrival and one departure) per week during the summer

The National Business Aviation Association (NBAA) said the Association would oppose new restrictions on operations at East Hampton Airport (HTO), if the flight limitations proposed by town officials are adopted there.

Jeff Gilley, NBAA director, airports and ground infrastructure, testified at the hearing. His testimony represented the consensus view on the plans, as held by the NBAA, the Aircraft Owners and Pilots Association (AOPA) and the National Air Transportation Association (NATA).
 
In a March 12 letter sent in conjunction with the hearing, NBAA Chief Operating Officer Steven Brown joined representatives from AOPA and NATA in raising concerns about the proposals.
 
“We understand the concerns that have led to the development of these proposals, and the general aviation community shares the town’s desire to maintain a clean and quiet community of beaches and surrounding protected lands,” the joint letter notes.
 
However, the letter adds: “The imposition and structure of the proposed restrictions and investment plan will have a detrimental impact on HTO-based aviation businesses, resulting in reduced revenues, investment and job loss…From a broader perspective, we emphasize that the proposals before the town board raise significant legal questions.”

In previous communications with East Hampton officials, NBAA warned the town that the Federal Aviation Administration (FAA), or aircraft operators, could challenge in court, or by appealing to the FAA, any noise and access restrictions that are unfair, unreasonable or unjustly discriminatory. According to Brown, local airports do not have the authority to regulate the types of aircraft that can operate at HTO, which is part of the local officials’ proposal.
 
In their March 12 joint letter, the aviation groups went on to remind East Hampton town officials that they are still obligated by the requirements of certain federal statutes and grant assurances that “likely prohibit any noise-based restrictions at HTO.”
 
“East Hampton is part of a national system of airports, and operational restrictions like those under consideration present a threat to the national air transportation system that transcends local communities,” the letter concludes. “This is the primary reason why the FAA requires airports that have received federal funds to adhere to grant assurances requiring, among other things, access to all airports on reasonable conditions and without unjust discrimination. This is a critical element in the survival of our nation’s system of airports and one the town can expect will be vigorously defended.”
 
Final action by town officials is expected in the near future.
 
“East Hampton Airport is an essential part of our nation’s federally governed aviation system, and an important economic asset on New York’s Long Island,” said Brown. “NBAA will continue its efforts to ensure fair and reasonable access to the airport.”

“The imposition of the proposed restrictions and investment plan on HTO-based aviation businesses, including full service fuel providers, flight school services as well as charter services will have a negative impact. Though town officials have committed to reassessing the proposed restrictions in November, we fear the resultant damage in lost revenue, investment opportunities and jobs will be irreparable. Aviation jobs are good-paying jobs that will not be easily replaced in the community,” stated NATA Senior Vice President for Government and External Affairs Bill Deere.

FMI: Full Letter, www.nbaa.org, www.nata.aero, www.town.east-hampton.ny.us,