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There is an ongoing fight in New York City over non-essential helicopter operations, with many in the community calling for a noise tax or outright ban. Aviation groups have spoken out against a possible ban and proposed limitations but the battle within the Big Apple continues.
NBAA Northeast Regional Director Brittany Davies testified at a hearing before the New York City Council's Committee on Economic Development, speaking on the importance of the helicopter operator community in the city. The hearing included a calling to establish a noise tax for "non-essential" helicopter and seaplane operations, a motion to the FAA to such tourist and charter flights completely, as well as restricting operations at city heliports to only electric-powered rotorcraft. Davies emphasized to the City Council that these actions would harm vital operations and infrastructure that play a crucial role in the city as well as regional and national air transportation system.RELATED STORIES:NBAA urges members to contact New York governor to veto helicopter noise pollution billNBAA issues call of action to block New York Senate Bill S7493A
"New York City is an international hub for commerce and intermodal transportation," she said. "The proposed restrictions on helicopter operations at the city's heliports would be devastating to New York City's economy, operators, business and workers that contribute to the creation of 43,200 jobs and generation of $8.6 billion in total economic output."
The NBAA warns that future attempts to curtail helicopter operations over noise concerns can infringe on the federal Airport Noise and Capacity Act that designates the FAA as the only authority with the ability to regulate aeronautical operations. This is a problem the state is familiar with. The town of East Hampton has dealt with an ongoing battle to shut down operations at the East Hampton Town Airport (JPX) and a judge recently ruled to uphold a previous ruling that the town failed to comply with procedural requirements for airport noise and access restrictions. The years-long fight led to multiple lawsuits, restraining orders and fines, but ultimately it was ruled that the FAA had final authority over the airport.RELATED STORY:Judge upholds ruling against community, protects access to East Hampton Airport
"While the industry is actively implementing measures to improve safety and community compatibility, we do not believe the city has the legal authority to regulate aviation operations at NYC heliports," Davies said. "The recent ruling of the Second Department involving East Hampton [Town Airport] stated ANCA specifically applies to all publicly owned facilities and prohibits access restrictions absent FAA scrutiny."
Davies acknowledged that safety and environmental concerns are predominantly driving the efforts to limit helicopter operations. The industry is working hard toward its goal of achieving net-zero carbon emissions by 2050. With an industry deeply rooted in innovation and exploration, a solution is on its way. The emergence of eVTOL aircraft and other electric alternatives will offer air travelers a low-noise, low or emission-free option for urban commutes. The development of electric aircraft is well underway and multiple companies are anticipating certification and entry into service in the coming years. The world of fuel has also seen immense change, with a transition to using SAF and testing on 100 percent SAF, as well as the transition to unleaded fuel for General Aviation aircraft.
"As representatives of the general aviation community, we fully recognize the importance of prioritizing the safety and well-being of New York City residents," Davies said. "Our industry is dedicated to environmental stewardship and innovation.
New York City Comptroller Brad Lander said that nearly 30,000 tourist trips originated from the Downtown Manhattan Heliport, generating noise pollution in the surrounding community. He said the number of noise-related noise complaints jumped from 26,218 in 2022 to 59,127 in 2023. Residents had made 7,793 complaints about helicopter noise as of April 10, 2024.
In December 2022, Senate Bill S7493A was vetoed by Gov. Kathy Hochul. The "Stop the Chop" bill was passed by the State Assembly and State Senate but failed to pass into law. The bill would have allowed anyone to sue a pilot, line service personnel, flight department or company employee for rotorcraft noise pollution. Groups like the NBAA strongly opposed the bill. A Twitter account for the bill has a petition that started in 2020, stating that since 1980 there have been at least 30 helicopter crashes in or around the NYC area, many resulting in fatalities and property damage. The petition said that non-essential helicopters should not fly over densely populated areas. The bill was worded in such a way that it would have far-reaching effects on the business aviation community, impacting more than what the organization classified as "non-essential" helicopters. While the bill was vetoed, the fight continued.
With the eventual integration of eVTOL aircraft, the community may find peace. Until then, the industry will fight back on outright bans and push to work with the communities in major hubs like New York to address concerns and ensure safety.
"NBAA strongly opposes all legislation to ban non-essential helicopter operations as well as any proposal to limit the use of New York City's heliport system," Davies said. "However, our industry looks forward to continued engagement to identify and implement effective solutions that address concerns while ensuring the highest levels of safety and environmental stewardship."