[Federal Register Volume 87, Number 244 (Wednesday, December 21, 2022)]
[Notices]
[Pages 78188-78190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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    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 http://www.faa.gov/airports/environmental/airport_noise/part_150/states/ and 
the Port Authority of New York and New Jersey's website at http://panynjpart150.com/LGA_documents.asp.

    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]
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