[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Notices]
[Pages 41160-41162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14694]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Acceptance of a Noise Exposure Map and Review of a
Noise Compatibility Program
AGENCY: Federal Aviation Administration, DOT.
SUMMARY: The Federal Aviation Administration (FAA) announces its
determination that the noise exposure map submitted by the Port
Authority of New York and New Jersey for LaGuardia Airport is in
compliance with applicable statutory and regulatory requirements, see
SUPPLEMENTARY INFORMATION for details. Further, in conjunction with the
noise exposure map, FAA is reviewing the proposed noise compatibility
program for LaGuardia Airport, which the FAA will approve or disapprove
on or before January 2, 2023. This notice also announces the
availability of this noise compatibility program for public review and
comment.
DATES: The effective date of the FAA's determination on the noise
exposure map is June 16, 2022 and of the start of its review of the
associated noise compatibility program is July 6, 2022. The public
comment period ends September 4, 2022.
FOR FURTHER INFORMATION CONTACT: Andrew Brooks, Regional Environmental
Program Manager, Airports Division, Federal Aviation Administration, 1
Aviation Plaza, Room 516, Jamaica, NY 11434. Phone Number: 718-553-
2511. Comments on the proposed noise compatibility program should also
be submitted to the above office.
SUPPLEMENTARY INFORMATION: This notice announces that the FAA finds
that the revised 2021 noise exposure map (NEM) submitted for LaGuardia
Airport is in compliance with applicable requirements of Title 14, Code
of Federal Regulations (CFR) part 150, (14 CFR part 150) effective June
16, 2022. Further, FAA is reviewing a proposed noise compatibility
program
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(NCP) for LaGuardia Airport which will be approved or disapproved on or
before January 2, 2023. This notice also announces the availability of
this program for public review and comment. Per the Aviation Safety and
Noise Abatement Act of 1979, hereinafter referred to as ``the Act''
(also see 49 U.S.C. 47503), an airport operator may submit to the FAA
NEMs which meet applicable regulations and which depict non-compatible
land uses as of the date of submission of such maps, a description of
projected aircraft operations, and the ways in which such operations
will affect such maps. The Act requires such maps to be developed in
consultation with interested and affected parties in the local
community, government agencies, and persons using the airport.
An airport operator who has submitted NEMs that are found by FAA to
be in compliance with the requirements of 14 CFR part 150, may submit a
NCP for FAA approval which sets forth the measures the operator has
taken or proposes to take to reduce existing non-compatible uses and
prevent the introduction of additional non-compatible uses.
The Port Authority of New York and New Jersey submitted to the FAA
on June 15, 2022 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'' (NCP Report), 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 Federal
Aviation Administration 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 associated NCP. 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.
The FAA has completed its review of the revised ``With Program''
2021 NEM and related descriptions submitted by The Port Authority of
New York and New Jersey. The documentation that constitutes the NEM as
defined in 14 CFR 150.7 is the revised ``With Program'' 2021 Future
Year NEM, Map 1 of 6, located in Appendix I-2 of the NCP Report. The
NEMs contain current and forecast information including the depiction
of the airport and its boundaries, the runway configurations, land uses
such as single and two-family residential; multi-family residential;
mixed residential and commercial; commercial and office; industrial and
manufacturing; transportation, parking and utilities; unclassified;
vacant land; open space, cemeteries, and outdoor recreation; places of
worship; schools; historic structures; and day care/assisted living
facilities and those areas within the Day Night Average Sound Level
(DNL) 65, 70 and 75 decibel noise contours. The revised ``With
Program'' 2021 NEM reflects the previous implementation of noise
abatement measure 1 from the noise compatibility program. Accordingly,
all estimates for the non-compatible land area and residential
populations within these contours for the revised ``With Program'' 2021
noise exposure map are shown in Table 3-2 in Chapter 3 of the NCP
Report. The estimates of land use within these contours for the revised
``With Program'' 2021 noise exposure map are shown in Table 2-4 of
Chapter 2 of the NCP Report. Flight tracks are found in Maps 2 of 6
through 6 of 6 in Appendix I-2. The type and frequency of aircraft
operations (including nighttime operations) are found in Chapter 2,
Tables 2-1, 2-2, and 2-3.
The FAA has determined that these maps for LaGuardia Airport are in
compliance with applicable requirements. This determination is
effective on June 16, 2022. FAA's determination on an airport
operator's NEMs is limited to a finding that the maps were developed in
accordance with the procedures contained in appendix A of 14 CFR part
150. Such determination does not constitute approval of the applicant's
data, information or plans, or constitute a commitment to approve a NCP
or to fund the implementation of that program.
If questions arise concerning the precise relationship of specific
properties to noise exposure contours depicted on a NEM submitted under
49 U.S.C. 47503, it should be noted that the FAA is not involved in any
way in determining the relative locations of specific properties with
regard to the depicted noise contours, or in interpreting the NEMs to
resolve questions concerning, for example, which properties should be
covered by the provisions of 49 U.S.C. 47506. These functions are
inseparable from the ultimate land use control and planning
responsibilities of local government. These local responsibilities are
not changed in any way under 14 CFR part 150 or through FAA's review of
NEMs. Therefore, the responsibility for the detailed overlaying of
noise exposure contours onto the map depicting properties on the
surface rests exclusively with the airport operator that submitted
those maps, or with those public agencies and planning agencies with
which consultation is required under 49 U.S.C. 47503. The FAA has
relied on the certification by the airport operator, under 14 CFR
150.21, that the statutorily required consultation has been
accomplished.
The FAA has formally received the NCP for LaGuardia Airport, also
submitted on June 15, 2022. Preliminary review of the submitted
material indicates that it conforms to the requirements for the
submittal of NCPs, but that further review will be necessary prior to
approval or disapproval of the program for LaGuardia Airport. The
formal review period, limited by law to a maximum of 180 days, was
initiated on July 6, 2022 and will be completed on or before January 2,
2023.
The FAA's detailed evaluation will be conducted under the
provisions of 14 CFR 150.33. The primary considerations in the
evaluation process are whether the proposed measures may reduce the
level of aviation safety, create an undue burden on interstate or
foreign commerce, or be reasonably consistent with obtaining the goal
of reducing existing non-compatible land uses and preventing the
introduction of additional non-compatible land uses.
Interested persons are invited to comment on the proposed program
with specific reference to these factors. All comments, other than
those properly addressed to local land use authorities, will be
considered by the FAA to the extent practicable. Copies of the NEMs for
LaGuardia Airport, the FAA's evaluation of the maps, and the proposed
NCP for LaGuardia Airport are available for examination online at
http://panynjpart150.com/LGA_FNCP.asp.
The Port Authority of New York and New Jersey has also made a hard
copy of the document available for review at the LaGuardia Airport
Community Information Center, 98-12 Astoria Boulevard, East Elmhurst,
NY 11369. The document will be available for review from Monday to
Thursday between the hours of 10 a.m. and 4 p.m. Interested parties
should contact Raquel Moss at (718) 607-2297 to arrange for a review.
Questions regarding this notice may be directed to the individual
named
[[Page 41162]]
above under the heading, FOR FURTHER INFORMATION CONTACT.
Issued in Jamaica, NY, on July 6, 2022.
David A. Fish,
Director, Airports Division, Eastern Region.
[FR Doc. 2022-14694 Filed 7-8-22; 8:45 am]
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