[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Notices]
[Pages 16710-16711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05577]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of John F. Kennedy International Airport (JFK) Noise 
Compatibility Program

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of approval of the John F. Kennedy International Airport 
(JFK) noise compatibility program.

-----------------------------------------------------------------------

SUMMARY: The Federal Aviation Administration (FAA) announces its 
findings for the noise compatibility program submitted by JFK. See 
SUPPLEMENTARY INFORMATION for details. On May 19, 2017, the FAA 
determined that the noise exposure maps submitted by JFK were in 
compliance with applicable requirements. On September 16, 2022, the FAA 
determined that the noise compatibility program submitted by JFK would 
be initiating final review for approval or disapproval. On March 14, 
2023, the FAA approved the JFK noise compatibility program. The noise 
compatibility program contained 22 recommended measures, including 
seven noise abatement measures, three land use measures, and 12 program 
management measures. Of the measures proposed, 15 were approved, four 
were approved as voluntary, two were disapproved, and one was 
determined to have no FAA action as continuations of existing mandatory 
practices at JFK. Three of the seven noise abatement measures proposed 
at JFK are related to new or revised flight procedures.

DATES: The effective date of the FAA's approval of the JFK noise 
compatibility program is March 14, 2023.

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.

SUPPLEMENTARY INFORMATION: This notice announces FAA's approval of the 
noise compatibility program (NCP) for JFK, effective on March 14, 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

[[Page 16711]]

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.
    JFK 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 JFK were in compliance 
with applicable requirements under 14 CFR 150, effective May 19, 2017 
(Noise Exposure Map Notice for John F. Kennedy International Airport, 
New York City, New York, 82 FR 24770-24771, May 30, 2017). The FAA 
formally received the NCP based on the accepted NEMs for JFK on 
September 7, 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 an NCP. The formal review period, limited by law to a 
maximum of 180 days with the exception of noise abatement procedures, 
was initiated on September 16, 2022. Notice of the intent to review the 
NCP was published in the Federal Register on September 21, 2022 (Notice 
of Receipt and Request for Review of Noise Compatibility Program, 87 FR 
57748, September 21, 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 JFK 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 September 
16, 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 22 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 March 
14, 2023.
    The specific program elements and their individual determinations 
are as follows:
    Noise Abatement (NA) Measure 1: Implement ``Tighten SKORR'' 
Departure Procedure--Approved as Voluntary.
    NA Measure 2: Turn Runway 22L and 22R Departures to Heading 240 at 
Night--Approved as Voluntary.
    NA Measure 3: Reduce Runway 31L Intersection Departures at Night--
Approved as Voluntary.
    NA Measure 4: Combine ``Tighten SKORR'' Departure Procedure with 
Reduce Runway 31L Intersection Departures at Night--Approved as 
Voluntary.
    NA Measure 5: Implement Noise Abatement Departure Profiles on a 
Voluntary Basis for Each Runway End--Disapproved for Purposes of Part 
150.
    NA Measure 6: Implement Nighttime Optimized Profile Descent 
Procedures--Disapproved for Purposes of Part 150.
    NA Measure 7: Continue Existing Mandatory Departure Noise Limit and 
$250 Penalty--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.
    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 March 
14, 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 https://www.faa.gov/airports/environmental/airport_noise/part_150/states/ and the Port 
Authority of New York and New Jersey's website at https://panynjpart150.com/JFK_documents.asp.

    Issued in Jamaica, NY, on March 15, 2023.
David A. Fish,
Director, Airports Division, Eastern Region.
[FR Doc. 2023-05577 Filed 3-17-23; 8:45 am]
BILLING CODE 4910-13-P