Story ID: 
FAA Seeks Injunction Against KHTO Restrictions
By: Kerry Lynch
Caption: The FAA tells the U.S. District Court an injunction would provide it time to determine the legality of the KHTO restrictions.
Word Count: 279
The FAA is asking a federal court to issue a temporary restraining order against the implementation of new noise restrictions at the East Hampton Airport (KHTO) in New York, while the agency and the court review the legality of the restrictions. The U.S. District Court in the Eastern District of New York has scheduled a May 14 hearing on the potential injunction in response to the lawsuit filed by airport backers, including the Friends of East Hampton Airport, Helicopter Association International and NBAA. Airport backers also have filed suit to compel the FAA to ensure the restrictions comply with federal laws.

Last month, the town approved a series of curfews and other operational restrictions covering a range of helicopters and business aircraft, but it has not yet enforced them. The board heard debate on a technical amendment regarding civil penalties for the restrictions on May 7, but did not take action on them.

In a letter sent to District Court Judge Sandra Feuerstein on behalf of the FAA, acting U.S. attorney for the Eastern District of New York Kelly Currie said it has not yet taken a view on the merits of the lawsuits, but believes “an injunction is necessary so that the FAA can properly consider [the] plantiff’s claims and the town restrictions, develop its position on the issues, and should the FAA determine the town restrictions are contrary to federal law(s) and/or FAA regulation(s)…commence appropriate enforcement action.”

NBAA COO Steve Brown welcomed the FAA letter, saying, “Operational restrictions like those the town wants to impose present a threat to the national air transportation system.”