D.C. Flight Rules Tighter Than New York City

Tuesday, October 24, 2006

By Ian Bishop and Bill Sanderson, The New York Post

October 13, 2006

Stunned by a shocking loophole in the regulation of Manhattan's crowded skies, angry lawmakers demanded yesterday that small planes' unrestricted sightseeing trips be grounded in wake of the high-rise crash that killed Yankee pitcher Cory Lidle and his flight instructor.

The bipartisan group of officials - along with many average New Yorkers - were shocked to realize that five years after 9/11, small aircraft like Lidle's are able to legally soar above the city without approval from air-traffic control.

They fumed that the Federal Aviation Administration is leaving the city vulnerable to a terrorist to attack from above - even while Washington, D.C., enjoys much better regulation of its airspace.

"You can have chemical weapons, biological weapons, explosives and - God forbid - nuclear weapons on these small planes. They can be pretty dangerous," warned Sen. Charles Schumer.

"A smart terrorist could fly right up the Hudson, or right up the East River, no questions asked," the New York Democrat told The Post. "And that's what we've got to stop."

Schumer and a raft of other lawmakers demanded that the FAA prohibit the unregulated flights to protect the city.

Schumer noted that general aviation flights are banned over much of Washington - rules put in place to protect the White House, the Capitol and other landmarks.

"If it's good enough for the president and the Congress, it's good enough for the 3 1/2 million people who work and live in Manhattan," the senator said.

At the crash scene, at 524 E. 72nd St., workers removed the plane's nose, wings, tail and instrument panel as National Transportation Safety Board investigators conducted a floor-by-floor search of the building.

Lidle's Cirrus SR20 was cruising 700 feet above the ground at 112 mph when it began a U-turn to the south, and was last seen on radar about a quarter-mile north of the building in the middle of the turn at an altitude of 500 feet, said NTSB member Debbie Hersman.

"Evidence indicates the propellers were turning" at the time of impact, she said, indicating that the engine was running.

The plane's parachute - designed to let it fall safely to earth in case of a dangerous stall or spin - was apparently discharged after the crash, but was still tightly packed, Hersman said.

After the crash, the FAA issued a temporary rule requiring all small planes flying below 1,500 feet near the city to be in contact with air controllers.

But that restriction was lifted yesterday - barely 24 hours after it took effect.

Rep. Anthony Weiner (D-N.Y.) was among the officials demanding that the rule be made permanent.

"I think everyone is scratching their heads, wondering how it's possible that an aircraft can be buzzing around Manhattan," said Weiner, who has been pushing for rule changes.

"It's virtually the Wild West," he said. "There's no regulation at all, other than 'don't run into anything.' "

Rep. Carolyn Maloney (D-N.Y.) - in whose district Lidle's plane crashed - urged a ban on non-commercial air traffic over Manhattan because "low-flying aircraft and high-rise buildings do not mix."

Also joining the growing call for tighter restrictions was Gov. Pataki, who said the FAA has to take "a hard look about whether or not aviation should be allowed" along the Hudson and East rivers.

Former Mayor Rudy Giuliani said tighter flying rules around Manhattan would prevent tragedies like Lidle's.

"It also would make sense from the point of view of better security," he said.

Scott Bates, an anti-terrorism expert with the Center for National Policy, said "you could pack one of those [small planes] full of explosives and do some damage. That's a flying bomb - so let's keep it away from the city."

Small-plane flights were banned over the city for about three months after 9/11. At least one of the Sept. 11 terrorists took flying lessons in the corridor, the 9/11 commission said in its report - which did not call for further restrictions on the corridor rules.

The FAA said yesterday that in light of the Lidle crash, it would work with private industry and public officials to review the flight rules.

Those seeking to limit flights around Manhattan will have to battle Washington's powerful private-pilots lobby, which wants to keep the rules as they are - and says private planes pose no more of a threat to the city than private cars.

"There's a safety issue taking a sightseeing bus tour in New York, or driving around in your personal car," said Chris Dancy, of the Aircraft Owners and Pilots Association.

"It's a question of how many freedoms we are willing to sacrifice in the name of security."

Besides, Dancy said, requiring air controllers to supervise the corridors would add greatly to their heavy workload.

And there isn't consensus for change. Mayor Bloomberg, who is qualified to fly helicopters and single- and twin-engine planes, said he sees no reason to restrict small-plane flights.

"We have very few accidents for an awful lot of traffic," the mayor said. "Anytime you have an automobile accident, you're not going to go and close the streets or prohibit people from driving."

FAA rules say small-plane pilots may fly without restrictions along a Hudson River corridor south of the George Washington Bridge and then up the East River to 96th Street - roughly the path Lidle's plane took.

As long as they stay in the corridor and below 1,100 feet, pilots are not required to be in touch with controllers. There are also a few rules of the road - the main one being to fly to the right, as if you're driving a car, said pilot Jeff Berlin, who lives in the West Village.

"I've flown all over the world, and probably one of the most beautiful sightseeing flights you can do is to fly along the Hudson and have a bird's-eye view of New York," he said.

Additional reporting by David Seifman, Jeremy Olshan, Maggie Haberman, Erika Martinez and Lorena Mongelli

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