WATCH


an R22 Beta touch down at Indianapolis Downtown Heliport


HAI, with other AAM industry leaders,


submitted written testimony stating our dedicated support for the enactment and implementation of S.B.800. We are encour- aged to see states such as Texas and California help facilitate the safe, efficient transition of AAM into the state market.


Indianapolis Downtown Heliport On Feb. 7, 2023, the FAA released a notice of intent regarding a proposal to perma- nently close the Indianapolis (Indiana) Downtown Heliport and change 5.36 acres of land from aeronautical use to nonaero- nautical use and to authorize the sale of all heliport property located at the heliport. The Indianapolis Airport Authority (IAA) has submitted a request to release the Authority from federal Airport Improvement Program (AIP) obligations associated with the heliport. This is not the first time the IAA has


submitted a request to close the heliport. In November 2021, the authority deemed the continued operation of the heliport a financial burden that outweighed the facili- ty’s public value. When IAA filed its first request, HAI led a coalition letter to oppose the closure. By uniting 16 associations, air- ports, and companies, we were able to keep the heliport open for business. Almost two years later, HAI remains engaged on the issue and is determined to work with multiple stakeholders to keep the Indianapolis Downtown Heliport open for business. The facility provides the city with tremendous public value through intermodal transportation connectivity, eco- nomic growth, jobs, future air mobility access, and crucial public services such as law enforcement and air medical access. Just as we did in 2021, HAI is striving to keep the heliport open, through either con- tinued city operations or a change of sponsorship.


Hawaii and Federal Preemption The United States currently enjoys the saf- est, most robust aviation system in the world. Central to this preeminence has been the existence of a single federal sys- tem of aviation policy and regulation that the aviation industry, its employees, its customers, and the public rely on and entrust with protecting their well-being. The doctrine of federal preemption helps maintain consistency and avoid con- flicts between federal and state laws. It ensures that federal laws have the ultimate authority in areas where the federal gov- ernment has exercised its authority. Protection of this single, federal, stan-


dardized framework is integral to continued FAA and US leadership in safety, innova- tion, and transportation options for all communities. At the start of 2023, Hawaii’s House and Senate introduced companion bills H.B.1201 and S.B.969, respectively. If they had been enacted, the legislation would have conflicted with federal law. Both bills proposed that noise of more than a certain decibel level generated by helicopters should be declared a public nuisance and considered a source of noise pollution in violation of the state’s noise pollution law. Furthermore, H.B.1201 and S.B.969


would have established fines and a pri- vate right of action for individuals to sue helicopter owners and operators for creat- ing a public nuisance. Yet, the responsibil- ity of regulating air traffic, and the noise related to that air traffic, belongs exclu- sively to the federal government. Any state or municipal effort to regulate in this area is subject to constitutional challenge and will be preempted by federal law. After submitting multiple joint written testimonies with the Aircraft Owners and Pilots Association (AOPA) and contacting multiple members of the Hawaii Senate


Transportation and Judiciary Committees to express our strong opposition and provide information about federal preemption, both bills were deferred by the Hawaii Senate Judiciary Committee. The Judiciary Committee stated that


Hawaii has no jurisdiction over this matter and deferred the bill due to federal preemp- tion of aviation regulations, meaning that the state cannot itself interfere with aircraft operations and cannot authorize pri- vate litigation that interferes with aircraft operations. As always, the helicopter community


strives to be a good steward of the environ- ment and a good neighbor to residents who live and work in the Aloha State. While


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JUNE 2023 ROTOR 13


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