[Federal Register Volume 88, Number 34 (Tuesday, February 21, 2023)]
[Notices]
[Pages 10617-10619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03518]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Newark Liberty International Airport (EWR) Noise 
Compatibility Program

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of approval of the Newark Liberty International Airport 
(EWR) Noise Compatibility Program.

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SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings for the noise compatibility program submitted by EWR, see 
supplementary information for details. On January 15, 2019, the FAA 
determined that the noise exposure maps submitted by EWR were in 
compliance with applicable requirements. On August 19, 2022, the FAA 
determined that the noise compatibility program submitted by EWR would 
be initiating final review for approval or disapproval. On February 15, 
2023, the FAA approved the EWR noise compatibility program. The noise 
compatibility program contained 28 recommended measures, including 13 
noise abatement measures, three land use measures, and 12 program 
management measures. Of the measures proposed, 15 were approved, two 
were approved as voluntary, two were partially approved as voluntary 
and partially disapproved, five were disapproved, and one was 
determined to have no FAA action as continuations of existing mandatory 
practices at EWR. The remaining three measures are noise abatement 
procedures that require additional consultation with the Air Traffic 
Organization. The FAA will be issuing a supplemental ROA on or before 
August 14, 2023 to render determinations on these measures. Seven of 
the 13 noise abatement measures proposed at EWR are related to new or 
revised flight procedures.

DATES: The effective date of the FAA's approval of the EWR noise 
compatibility program is February 15, 2023.

FOR FURTHER INFORMATION CONTACT: Andrew Brooks, Regional Environmental 
Program Manager, Airports Division, Federal Aviation Administration, 1 
Aviation Plaza, Room

[[Page 10618]]

516, Jamaica, NY 11434. Phone Number: 718-553-2511.

SUPPLEMENTARY INFORMATION: This notice announces FAA's approval of the 
noise compatibility program (NCP) for EWR, effective on February 15, 
2023. 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.
    EWR submitted the noise exposure maps, descriptions, and other 
documentation produced during the noise compatibility planning study to 
the FAA and the FAA determined that the NEMs for EWR were in compliance 
with applicable requirements under 14 CFR 150, effective January 15, 
2019 (Noise Exposure Map Notice for Newark Liberty International 
Airport, Newark, New Jersey, volume 84, Federal Register, pages 27183-
4, June 11, 2019). The FAA formally received the NCP based on the 
accepted NEMs for EWR on August 8, 2022. The airport operator requested 
that the FAA review the submitted material and that the noise 
mitigation measures, to be implemented jointly by the airport and 
surrounding communities, be approved as a NCP. The formal review 
period, limited by law to a maximum of 180 days with the exception of 
noise abatement procedures, was initiated on August 19, 2022. Notice of 
the intent to review the NCP was published in the Federal Register on 
August 24, 2022 (Notice of Receipt and Request for Review of Noise 
Compatibility Program, volume 87, Federal Register, page 52105, August 
24, 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 EWR 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 August 19, 
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 in accordance with 14 CFR 
part 150.35(a). Failure to approve or disapprove such program within 
the 180-day period shall be deemed an approval of such program.
    The submitted program contained 28 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 
February 15, 2023.
    The specific program elements and their individual determinations 
are as follows:
    Noise Abatement (NA) Measure 1: Design and Implement an Offset 
Approach Procedure to Runway 22L--Partially Approved as Voluntary and 
Partially Disapproved.
    NA Measure 2: Continue Use of Easterly Departure Headings on 
Runways 4L and 4R--No Action Required at This Time. This measure 
relates to flight procedures under Title 49 U.S.C. 47504(b). In 
accordance with 14 CFR part 150.35(a), additional coordination will be 
occurring with the Air Traffic Organization and a Supplemental Record 
of Approval with FAA's final decision on this proposed measure will be 
issued on or before August 14, 2023.
    NA Measure 3: Continue Use of Easterly Departure Headings on 
Runways 22L and 22R--Approved as Voluntary.
    NA Measure 4: Determine and Implement Optimal Easterly Departure 
Headings on Runways 4L and 4R--No Action Required at This Time. This 
measure relates to flight procedures under Title 49 U.S.C. 47504(b). In 
accordance with 14 CFR part 150.35(a), additional coordination will be 
occurring with the Air Traffic Organization and a Supplemental Record 
of Approval with FAA's final decision on this proposed measure will be 
issued on or before August 14, 2023.
    NA Measure 5: Determine and Implement Optimal Easterly Departure 
Headings on Runways 22L and 22R--Disapproved.
    NA Measure 6: Encourage Use of FAA-prescribed Distant Noise 
Abatement Departure Profile Procedures on a Voluntary Basis--
Disapproved for Purposes of part 150.
    NA Measure 7: Minimize Nighttime Intersection Departures--Partially 
Approved as Voluntary and Partially Disapproved.
    NA Measure 8: Implement a Nighttime Preferential Runway Use 
Program--Approved as Voluntary.

[[Page 10619]]

    NA Measure 9: Implement Nighttime Optimized Profile Descent 
Procedures--Disapproved for Purposes of Part 150.
    NA Measure 10: Implement Nighttime Unlimited Climb Procedures--
Disapproved for Purposes of Part 150.
    NA Measure 11: Implement Nighttime ``New Jersey Turnpike'' 
Departure Procedures for Runways 4L and 4R--Disapproved for Purposes of 
part 150.
    NA Measure 12: Implement Nighttime ``New Jersey Turnpike'' 
Departure Procedures for Runways 22L and 22R--No Action Required at 
This Time. This measure relates to flight procedures under Title 49 
U.S.C. 47504(b). In accordance with 14 CFR part 150.35(a), additional 
coordination will be occurring with the Air Traffic Organization and a 
Supplemental Record of Approval with FAA's final decision on this 
proposed measure will be issued on or before August 14, 2023.
    NA Measure 13: 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: Port Authority Assistance with Establishing an 
Airport Noise Overlay Zone--Approved.
    Program Management (PM) Measure 1: Maintain Noise Office--Approved.
    PM Measure 2: Maintain Noise and Operations Management System--
Approved.
    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 a Community Planners Forum--Approved.
    PM Measure 8: Establish and Manage a Fly Quiet Program--Approved as 
Voluntary.
    PM Measure 9: Make Aircraft Noise Contours Available in a 
Geographic Information System (GIS)--Approved.
    PM Measure 10: Update the Noise Exposure Map--Approved.
    PM Measure 11: Update the Noise Compatibility Program--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 
February 15, 2023. 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/EWR_documents.asp.

    Issued in Jamaica, NY on February 15, 2023.
David A. Fish,
Director, Airports Division, Eastern Region.
[FR Doc. 2023-03518 Filed 2-17-23; 8:45 am]
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