Notice2022-27702
Approval of LaGuardia Airport (LGA) Noise Compatibility Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 21, 2022
Effective
December 15, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The Federal Aviation Administration (FAA) announces its findings for the noise compatibility program submitted by LGA, see supplementary information for details. On July 6, 2022 the FAA determined that the revised noise exposure maps submitted by LGA were in compliance with applicable requirements and that the noise compatibility program would be initiating final review for approval or disapproval. On December 15, 2022, the FAA approved the LGA noise compatibility program. The noise compatibility program contained 23 recommended measures, including eight noise abatement measures, three land use measures, and 12 program management measures. Of the measures proposed, 14 were approved, five were approved as voluntary, three were disapproved, and one was determined to have no FAA action. Five of the eight noise abatement procedures proposed at LGA are related to new or revised flight procedures.
Full Text
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<title>Federal Register, Volume 87 Issue 244 (Wednesday, December 21, 2022)</title>
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[Federal Register Volume 87, Number 244 (Wednesday, December 21, 2022)]
[Notices]
[Pages 78188-78190]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27702]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of LaGuardia Airport (LGA) Noise Compatibility Program
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of approval of the LaGuardia Airport (LGA) noise
compatibility program.
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SUMMARY: The Federal Aviation Administration (FAA) announces its
findings for the noise compatibility program submitted by LGA, see
supplementary information for details. On July 6, 2022 the FAA
determined that the revised noise exposure maps submitted by LGA were
in compliance with applicable requirements and that the noise
compatibility program would be initiating final review for approval or
disapproval. On December 15, 2022, the FAA approved the LGA noise
compatibility program. The noise compatibility program contained 23
recommended measures, including eight noise abatement measures, three
land use measures, and 12 program management measures. Of the measures
proposed, 14 were approved, five were approved as voluntary, three were
disapproved, and one was determined to have no FAA action. Five of the
eight noise abatement procedures proposed at LGA are related to new or
revised flight procedures.
DATES: The effective date of the FAA's approval of the LGA noise
compatibility program is December 15, 2022.
FOR FURTHER INFORMATION CONTACT: Andrew Brooks, Regional
[[Page 78189]]
Environmental Program Manager, Airports Division, Federal Aviation
Administration, 1 Aviation Plaza, Room 516, Jamaica, NY 11434. Phone
Number: 718-553-2511.
SUPPLEMENTARY INFORMATION: This notice announces FAA's approval of the
noise compatibility program (NCP) for LGA, effective on December 15,
2022. Per United States Code section 47504 (49 U.S.C. 47504) and Title
14, Code of Federal Regulations (CFR) part 150, an airport sponsor who
previously submitted a noise exposure map (NEM) may submit to the FAA a
noise compatibility program which sets forth the measures taken or
proposed by the airport sponsor for the reduction of existing non-
compatible land uses and prevention of additional non-compatible land
uses within the area covered by the NEMs. As required by 49 U.S.C.
47504, such programs must be developed in consultation with interested
and affected parties including local communities, government agencies,
airport users, and the FAA. The FAA does not substitute its judgment
for that of the airport sponsor with respect to which measures should
be recommended for action. The FAA approval or disapproval of an
airports recommendations in their noise compatibility program are made
in accordance with the requirements and standards pursuant to 49 U.S.C.
47504 and 14 CFR part 150, which is limited to the following
determinations:
a. The noise compatibility program was developed in accordance with
the provisions and procedures of 14 CFR 150.23;
b. Program measures are reasonably consistent with achieving the
goals of reducing existing non-compatible land uses around the airport
and preventing the introduction of additional non-compatible land uses;
c. Program measures would not create an undue burden on interstate
or foreign commerce, unjustly discriminate against types or classes of
aeronautical uses, violate the terms of airport grant agreements, or
intrude into areas preempted by the Federal Government; and
d. Program measures relating to the use of flight procedures can be
implemented within the period covered by the program without derogating
safety, adversely affecting the efficient use and management of the
navigable airspace and air traffic control systems, or adversely
affecting other powers and responsibilities of the Administrator
prescribed by law.
Specific limitations of FAA's approval of NCPs are delineated in 14
CFR 150.5. Approval is not a determination concerning the acceptability
of land uses under Federal, state, or local law. Approval does not by
itself constitute an FAA implementing action. A request for Federal
action or approval to implement specific noise compatibility measures
may be required, and an FAA decision on the request may require an
environmental assessment of the proposed action. Approval does not
constitute a commitment by the FAA to financially assist in the
implementation of the noise compatibility program nor a determination
that all measures covered by the NCP are eligible for grant-in-aid
funding from the FAA. Where federal funding is sought, requests must be
submitted to the FAA New York Airports District Office at 1 Aviation
Plaza, Room 111, Jamaica, New York 11434.
On June 15, 2022, the Port Authority of New York and New Jersey
submitted to the FAA a revised ``With Program'' 2021 NEM, descriptions,
and other documentation that were produced during the development of
the ``LaGuardia Airport Title 14 Code of Federal Regulations (CFR) Part
150 Noise Compatibility Program,'' dated June 2022. The revised ``With
Program'' 2021 NEM was submitted to show changes made to the LaGuardia
Airport 2021 NEM previously accepted by the FAA on May 15, 2017 (Noise
Exposure Map Notice for LaGuardia Airport, New York City, New York,
volume 82, Federal Register, pages 22714-5, May 15, 2017). The
revisions to the previously approved 2021 NEM depict changes to noise
contours from implementation of noise abatement measures contained
within the concurrent NCP submittal. It was requested that the FAA
review this material as the NEM, as described in 49 U.S.C. 47503 of the
Act, and that the noise mitigation measures, to be implemented jointly
by the airport and surrounding communities, be approved as a NCP under
49 U.S.C. 47504. Notice of this NEM determination and intent to review
the NCP was published in the Federal Register on July 11, 2022 (Notice
of Acceptance of a Noise Exposure Map and Review of a Noise
Compatibility Program, volume 87, Federal Register, pages 41160-2, July
11, 2022). That Federal Register Notice also announced the start of a
60-day period of public review for the NCP documentation. The FAA
received no comments from interested parties during the public review
period.
The LGA proposed NCP is comprised of actions designed for phased
implementation by airport management and adjacent jurisdictions within
the next one to five years. It was requested that the FAA evaluate and
approve this material as a noise compatibility program as described in
49 U.S.C. 47504. The FAA began its review of the program on July 6,
2022 and was required by a provision of 49 U.S.C. 47504 to approve or
disapprove the program within 180 days, other than the use of new or
modified flight procedures for noise control. Failure to approve or
disapprove such program within the 180-day period shall be deemed an
approval of such program.
The submitted program contained 23 proposed measures to minimize
impacts of aviation noise on and off the airport. The FAA completed its
review and determined that the procedural and substantive requirements
of the 49 U.S.C. 47504 and 14 CFR part 150 were satisfied. A Record of
Approval for the overall program was issued by the FAA effective
December 15, 2022.
The specific program elements and their individual determinations
are as follows:
Noise Abatement (NA) Measure 1: Modify NTHNS and GLDMN Runway 13
RNAV SIDs to Direct Aircraft Away from Flushing, New York--Approved as
Voluntary.
NA Measure 2: Create New Runway 13 Departure Procedure with an
Immediate Left Turn over Compatible Land Uses--Disapproved.
NA Measure 3: Implement Offset Approach to Runway 22 to Reduce
Noise Exposure Over Clason Point--Approved as Voluntary.
NA Measure 4: Reduce Runway 4 Departure Noise Over Clason Point--
Approved as Voluntary.
NA Measure 5: Reduce Runway 13 Departures at Night--Approved as
Voluntary
NA Measure 6: Implement Noise Abatement Departure Profiles on a
Voluntary Basis for Runways 4 and 13--Disapproved for Purposes of Part
150.
NA Measure 7: Implement Nighttime Optimized Profile Descent
Procedures--Disapproved for Purposes of Part 150.
NA Measure 8: Continue Existing Mandatory Departure Noise Limit--No
Action.
Land Use (LU) Measure 1: Sound-Insulate Eligible Dwelling Units--
Approved.
LU Measure 2: Sound-Insulate Eligible Non-Residential Noise--
Sensitive Structures- Approved.
LU Measure 3: Include Aircraft Noise in Real Estate Disclosures--
Approved.
Program Management (PM) Measure 1: Maintain Noise Office--Approved.
PM Measure 2: Maintain Noise and Operations Management System--
Approved.
[[Page 78190]]
PM Measure 3: Maintain Public Flight Tracking Portal--Approved.
PM Measure 4: Maintain Noise Complaint Management System--Approved.
PM Measure 5: Maintain Noise Office website--Approved.
PM Measure 6: Continue Community Outreach Activities--Approved.
PM Measure 7: Establish and Manage a Fly Quiet Program--Approved as
Voluntary.
PM Measure 8: Make Aircraft Noise Contours Available in a
Geographic Information System (GIS)--Approved.
PM Measure 9: Update the Noise Exposure Map--Approved.
PM Measure 10: Update the Noise Compatibility Program--Approved.
PM Measure 11: Post Monthly Color-Coded DNL Values on Port
Authority website--Approved.
PM Measure 12: The Port Authority to Coordinate with the FAA on
Development and Implementation of NextGen Procedures--Approved.
These determinations are set forth in detail in the Record of
Approval signed by the FAA Airports Eastern Division Director on
December 15, 2022. The Record of Approval, as well as other evaluation
materials and the documents comprising the submittal, are available for
review at the FAA office listed above. The Record of Approval also will
be available on the internet on the FAA's website at <a href="http://www.faa.gov/airports/environmental/airport_noise/part_150/states/">http://www.faa.gov/airports/environmental/airport_noise/part_150/states/</a> and
the Port Authority of New York and New Jersey's website at <a href="http://panynjpart150.com/LGA_documents.asp">http://panynjpart150.com/LGA_documents.asp</a>.
Issued in Jamaica, NY, on December 16, 2022.
David A. Fish,
Director, Airports Division, Eastern Region.
[FR Doc. 2022-27702 Filed 12-20-22; 8:45 am]
BILLING CODE 4910-13-P
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</html>Indexed from Federal Register on December 21, 2022.
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