GA Gets Screwed Again...

As feared, the FAA's rush to restrict VFR access to areas of NYC appear to be permanent. As part of documents just released by the NTSB, in the investigation into the tragic crash that took the life of NY Yankee Cory Lidle and Flight Instructor Tyler Stanger, the NTSB notes that the FAA has indicated that the temporary restrictions put in place just hours after the tragedy are destined to be made permanent.

As part of the ATC Group Chairman's Factual Report, the NTSB noted that, "On December 12, 2006, Safety Board staff and management were briefed on the origins of the New York metropolitan area airspace design, including the exclusion areas. Because of the density and complexity of air traffic in the New York area, airspace restrictions there predated the national implementation of TCAs / class B airspace at other high-traffic airports. The original design for a TCA surrounding New York was proposed in 1971, and did not include an exclusion area over the East River. Because of the 35 year interval since then, the FAA was unable to provide a conclusive answer about the decisions made. Their research into the Federal Register for that period and other available documentation showed that the exclusion area was most likely added in response to rulemaking comments from helicopter and seaplane operators using Manhattan access points along the east side of Manhattan. Their comments indicated that the proposed airspace restrictions would be unnecessarily restrictive. The FAA responded by excluding the airspace over the East River up to the northern end of Roosevelt Island at 1,100 feet and below from the TCA, allowing access to heliports and the Manhattan seaplane base without ATC clearance. This exclusion has continued to the present time."

Post-accident FAA Actions

On October 13, 2006, the FAA published Notice to Airmen (NOTAM) 6/3495 restricting fixed-wing flight operations in the airspace above the East River. The NOTAM states, “EFFECTIVE IMMEDIATELY UNTIL FURTHER NOTICE, VFR FLIGHT OPERATIONS INVOLVING FIXED WING AIRCRAFT (EXCLUDING AMPHIBIOUS FIXED WING AIRCRAFT LANDING OR DEPARTING NEW YORK SKYPORTS INC SEAPLANE BASE) IN THE EAST RIVER CLASS B EXCLUSION AREA 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 CONTACT LGA ATCT SOUTH OF GOVERNORS ISLAND ON 126.05.”

The effect of this restriction is to limit flights such as that made by the accident aircraft without negatively affecting operations at the seaplane base and heliports along the East River. At the December 12 briefing, the FAA indicated that they would be proceeding with a rulemaking action to make the restrictions contained in the NOTAM permanently effective.

FMI: www.ntsb.gov