FAA 'Reviewing Request' For Public Hearing On Helicopter Noise

EAST END, NY — Despite a vocal outcry from elected officials and residents alike over a series of "workshops"held by the Federal Aviation Administration on helicopter noise and assessment of the North Shore Helicopter Route, instead of public hearings lawmakers say are required by law — so far, the FAA has not confirmed that public hearings would be held.

When asked for comment, the FAA said: "We are reviewing the request."

After the three workshops, held in Riverhead, Garden City and Flushing, Rep. Lee Zeldin fired back and sent a letter to FAA Eastern Region Regional Administrator Jennifer Solomon: “From the North Shore Helicopter Route’s planning to its continued use, the FAA has flat out ignored the residents directly affected, and, although the FAA is now forced to listen as enshrined in federal law, these ‘workshops’ have given Long Islanders a bad case of deja vu," Zeldin said.

"These ‘workshops’ fail to comply with the public hearing mandated in my legislative proposal which is now law, and many strongly believe they were seemingly formatted to stifle the true negative impact of this route," Zeldin said. "The FAA was required by law to hold a public hearing within 30 days of enactment of the FAA Reauthorization Act of 2018, which was signed into law on Oct. 5, 2018. It is imperative that the FAA schedule this public hearing immediately, and address the concerns and improve the quality of life of impacted Long Islanders.”

To read the entire letter from Zeldin, click here.

Southold Town Supervisor Scott Russell agreed: ""The FAA must hold a public hearing. The 'forum' the other evening was nothing more than a dog and pony show. The card table where you could submit comments in writing was the biggest insult. An FAA rep sitting at a folding table taking your written statements, then putting them in a cardboard box that looked like one she probably pulled off the pile at BJ's," Russell said. "Yes, they should hold a public hearing. The other night was a waste of everyone's time and just created more animus."

Bob Bittner, who also attended the workshop in Riverhead, spoke out: "A 'public hearing' is run by a public agency with the expressed reason to gather public testimony from which reasoned decisions could be based on issues brought before it and the community," he said. "The Reauthorization Act is the issue at hand. It was signed into law on Oct. 5 to, among other things, look into specific aspects of the 'Mandatory North Shore Route,' a route of dubious necessity. The law requires a 'public hearing' to gather information on altitudes of the route, alternative routes including an all South Shore route, and noise levels impacting communities on the route," he said.

The FAA, he added, did not follow a major aspect or intent of the law but instead held informational "meetings" in "the darkness of night in 'some' of the impacted communities to show data collected on the route in question. It was a one-sided gathering of quickly mobilized FAA low level operatives, many brought from out of state standing around answering questions on the presented data. Southold's senior citizen voice was stymied by holding the meeting in Riverhead in darkness, knowing full well most seniors do not drive in darkness," Bittner said.

He added: "Southold is probably the most impacted community under the flight path. Yet no attempt was made to hold a public hearing within the borders of this community. This action by the FAA continues to prove it is acting in an adversarial role rather than gathering testimony from the public from which to act upon the Reauthorization Act intent, to modify, adjust, add additional regulation, or provide an alternative route for travel via helicopter from New York City to East End airports."

Others said they are waiting for the FAA to schedule a public hearing.

"This is an ideal opportunity for our federal officials to work together to address a serious quality of life and safety issue on the East End," said Teresa McCaskie of Southold Town's helicopter noise committee. "The FAA did the public wrong and must be held accountable to provide the public with a public hearing in the noise-affected communities as signed by the President. The FAA does not have the right to change or alter the bill."

Concerns were raised after the FAA announced three meetings on Long Island and in Flushing over helicopter noise, with the aim of reconsidering the North Shore Route. Some demanded to know why the FAA had scheduled meetings, and not public hearings, as required by law.

"My North Shore helicopter route legislation is the law of the land, and the FAA must abide by that," said Zeldin. "As the details of the FAA's public comment process come together, I will continue to hold their feet to the fire to ensure that every last voice is heard."

The law, Zeldin said, requires a public hearing and public comment session.

"A workshop idea can very well complement a public hearing, but there's no way it can or will be in lieu of a public hearing to receive oral testimony," Zeldin said. "That's not an option by law, by me, and for many others. The best path forward is an all water route over the Atlantic Ocean and it will be most important for impacted residents to submit oral and/or written testimony throughout this upcoming public comment period to ensure that this North Shore helicopter route is reassessed and a better path forward is pursued."

According to Zeldin, the FAA Reauthorization Act of 2018, which included the congressman's legislative proposal to require the FAA to reassess the North Shore Route to address the noise impact on affected communities, improve altitude enforcement, and consider alternative routes, including an all water route over the Atlantic Ocean, requires the FAA hold a public comment period and public hearing in the community for residents to voice their concerns.

Residents can submit their comments as part of the mandated public comment period, which ends on Jan. 2, 2019, here, Zeldin said.

When asked previously, earlier in the month, about the questions regarding hearings, an FAA spokesperson responded: "We are going to hold three forums to afford members of the public the opportunity to provide comments about the North Shore Helicopter Route. That's consistent with the purpose of the directive, which is to get feedback from the impacted communities. Additionally, subject matter experts will staff the events, so people, if they like, can engage directly with the FAA. They can ask questions, make a statement to FAA personnel, or submit a formal comment."

Southold Town Councilman Bob Ghosio, who is the liaison to the town's helicopter noise steering committee, said, before the workshops, if the FAA was not having an open hearing because they already acknowledged the problems, and the point of having a "workshop" format was to discuss remedies, then he supported that approach.

"If they already are accepting that there is a problem with helicopter noise over the East End, there is no need to have another meeting of 500 people coming up to a microphone to complain about the noise like they did at the East Hampton hearings a couple of years ago," Ghosio said. "Focusing on the remedy would be a wiser use of the time. That said, if this turns out to be nothing but a dog and pony show, there will be quite a backlash from the public, and deservingly so."

Officials have said there is a need for residents to stand up and be heard at the hearings; at a recent Southold town board work session, a helicopter noise discussion was held with McCaskie and attorney James Harmon, who also sits on town's helicopter noise steering committee.

"We need to get the information out that we need people to attend. The FAA needs to see the level of opposition that is out here to the North Shore route," Russell said.

Russell said although not everyone might be able to attend in person, residents should send "hundreds of emails" and "raise holy hell."

While McCaskie has been a tireless advocate, Russell said the FAA needs to see a broad representation of the entire East End turning out to express their concerns.

"You and Teresa, especially, have carried the burden for so long. The entire public needs to understand that they need to be engaged in the process. The FAA has to hear from them whether by email or in person," Russell said to Harmon and McCaskie.

McCaskie said she was working on a radio campaign and is working closely with a Riverhead group to reach out to various civic organizations and others.

"My concern is that if the FAA is looking to rate us, based on the amount of people that come to the meeting, it's conveniently done when a lot of snowbirds go to Florida," she said.

Russell asked of the all water route was feasible.

Harmon said a test run was done in 2011 that indicated the all-water route was feasible but cost a little more, with helicopter passengers paying perhaps $575 per seat instead of $540.

McCaskie said despite references to a tower that might make the Atlantic Route not viable, an assessment in East Hampton Town has shown that the "Atlantic Route is safe," and can be used, she said.

Harmon said if that route is feasible from a flight point of view it can be used, otherwise, maybe pilots can fly around Plum Island, he said.

McCaskie also pointed out that there has been an admission that most flights were routed through the North Fork, instead of a 50/50 split; she added that a twin engine helicopter can go around Plum Island to East Hampton over water, rather than over the Orient causeway, or fly over the Atlantic Ocean without any issues.

The hearings follow a victory earlier in October after President Donald Trump signed into law a proposal by Zeldin that requires the FAA to reassess the North Shore Route and pursue an all-water route over the Atlantic Ocean.

For years, resident have been pleading for help, stating that helicopter and seaplane noise had shattered their bucolic East End quality of life.

After the FAA Reauthorization Act of 2018 was signed into law by President Trump, Zeldin said: "It is great news . . .no longer can the FAA ignore the concerns of residents as they have from the North Shore Route's planning to its continued use, while day to day quality of life has suffered due to the persistent issue of helicopter noise on the East End. Finally, the FAA is forced to listen. I thank my colleagues on both sides of the aisle for supporting this legislation and the President for signing this important proposal into law."

With the enactment of the legislation, a public hearing needed take place no later than 30 days later; a public comment period was also required to begin no later than 30 days from the time of enactment and last for at least 60 days; and the FAA needed to commence a formal review of the NSR no later than 30 days from that date, including the potential creation of an all water Atlantic Ocean route.

Upon Congressional passage of the legislation, local lawmakers applauded the news.

"The ever increasing number of helicopters over Southold has devastated the quality of life for our residents. Southold has become a doormat to the helicopter operators as they head to and from the Hamptons," Russell said. "Rep. Zeldin's amendment is a common sense approach that will provide immediate relief to our community. I urge the FAA to follow the Congressman's lead and help him restore the quality of life of the people of Southold."

Southampton Supervisor Jay Schneiderman agreed. "Anything that will provide relief from helicopter noise will be welcome news for residents of the region."

Riverhead Supervisor Laura Jens-Smith said helicopter noise during the busy summer months has exponentially increased over Riverhead in the past several years.

"These helicopters tend to fly the same routes when navigating overland resulting in helicopters passing overhead every five to 10 minutes," she said. "The noise created is so loud and disturbing that it can drown out your TV, or even shake pictures off your wall if you are inside. And outside is even worse, requiring you to stop your conversations until after the helicopters have passed. The intended routes for these flights is to avoid the land, and head out over the water to reach their destinations. In practice this is not what happens. I applaud this bipartisan effort to finally bring relief to Riverhead residents."

Shelter Island Supervisor Gary Gerth said the issue is of the most important for the residents of Shelter Island, who have been adversely impacted by persistent helicopter noise. "This common sense legislation is great news for Shelter Island and our entire region and will have such a positive impact on Long Islanders day-to-day quality of life," he said.

East Hampton Town Supervisor Peter Van Scoyoc said Congressional attention to the problem of aircraft noise over the East End is appreciated and warranted. "We look forward to continued discussions and meaningful improvement," he said.

Patch courtesy photo by Teresa McCaskie.