[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Notices]
[Pages 56912-56913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17917]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


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

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of supplemental approval of the Newark Liberty 
International Airport (EWR) noise compatibility program.

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

SUMMARY: The Federal Aviation Administration (FAA) announces additional 
findings for the noise compatibility program submitted by the Port 
Authority of New York and New Jersey for EWR, see SUPPLEMENTARY 
INFORMATION for details. On January 15, 2019, the FAA determined that 
the noise exposure maps submitted for EWR were in compliance with 
applicable requirements. On August 19, 2022, the FAA determined that 
the noise compatibility program submitted for EWR would be initiating 
final review for approval or disapproval. On February 15, 2023, the FAA 
approved the EWR noise compatibility program with the issuance of a 
Record of Approval. 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. Three measures 
contained in the noise compatibility program were noise abatement 
procedures that required additional consultation with the FAA Air 
Traffic Organization. Additionally, following issuance of the Record of 
Approval on February 15, 2023, the Port Authority requested that the 
FAA revisit the decision for Noise Abatement Measure 6, indicating that 
the rationale for disapproval originally provided contained an error. 
On August 14, 2023, the FAA issued a Supplemental Record of Approval 
for the EWR noise compatibility program regarding these four noise 
abatement measures. The Supplemental Record of Approval disapproves the 
three measures upon which No Action was taken with the February 15, 
2023 Record of Approval and revises the decision on Noise Abatement 
Measure 6 from disapproved to approved.

DATES: The effective date of the FAA's Supplemental Record of Approval 
of the EWR noise compatibility program is August 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 issuance of a 
Supplemental Record of Approval (ROA) of the EWR noise compatibility 
program (NCP), effective on August 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 NCP 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 NCP 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

[[Page 56913]]

New York Airports District Office at 1 Aviation Plaza, Room 111, 
Jamaica, New York 11434.
    The Port Authority submitted the EWR NEMs, descriptions, and other 
documentation produced during the noise compatibility planning study to 
the FAA and the FAA determined that the EWR NEMs 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 Port Authority requested 
that the FAA review the submitted material and that the noise 
mitigation measures, to be implemented jointly by the Port Authority 
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 NCP is comprised of actions designed for phased 
implementation by Port Authority and adjacent jurisdictions within the 
next one to five years. FAA evaluated and approved this material as a 
noise compatibility program as described in 49 U.S.C. 47504. The 
submitted NCP 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 ROA for the overall 
program was issued by the FAA effective February 15, 2023 (Approval of 
Newark Liberty International Airport (EWR) Noise Compatibility Program, 
volume 88, Federal Register, pages 10617-9, February 21, 2023). The 
individual determinations for the specific program elements from the 
ROA issued February 15, 2023 that are the subject of the Supplemental 
ROA were:
    Noise Abatement 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.
    Noise Abatement 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.
    Noise Abatement Measure 6: Encourage Use of FAA-prescribed Distant 
Noise Abatement Departure Profile Procedures on a Voluntary Basis--
Disapproved for Purposes of part 150.
    Noise Abatement 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.
    Consultation with the FAA's Air Traffic Organization was conducted 
for the three Noise Abatement Measures (Measures 2, 4, and 12) 
identified as requiring additional review. The Supplemental ROA 
includes decisions on these three measures. Additionally, following 
issuance of the ROA on February 15, 2023, the Port Authority requested 
that the FAA revisit the decision for Noise Abatement Measure 6, 
indicating that the rationale for disapproval of the proposed Noise 
Abatement Departure Procedures (NADP) originally provided contained an 
error. The ROA stated that ``Documentation provided in support of this 
measure by the Port Authority did not include analysis comparing 
implementation of the measure to the accepted EWR NEM, rather it 
included a comparative analysis of implementation of potential NADP 1 
and NADP 2 procedures at EWR.'' After review, the FAA determined that 
this was an oversight due to a differing approach in analysis used at 
EWR in comparison to that done for the recently approved NCP for 
LaGuardia Airport and that the EWR NCP documentation did include the 
required analysis. This Supplemental ROA also includes a revised 
decision on this measure. The specific program elements within the 
Supplemental ROA and their individual determinations are as follows:
    Noise Abatement Measure 2: Disapproved.
    Noise Abatement Measure 4: Disapproved.
    Noise Abatement Measure 6: Encourage Use of FAA-prescribed Distant 
Noise Abatement Departure Profile Procedures on a Voluntary Basis--
Approved as Voluntary.
    Noise Abatement Measure 12: Implement Nighttime ``New Jersey 
Turnpike'' Departure Procedures for Runways 22L and 22R--Disapproved.
    These determinations are set forth in detail in the Supplemental 
ROA signed by the FAA Airports Eastern Division Director on August 14, 
2023. The Supplemental ROA pertains to the listed measures only, and 
does not change the decisions made by the FAA in the ROA for the NCP 
dated February 15, 2023 for the measures not contained within the 
Supplemental ROA. The Supplemental ROA, as well as other evaluation 
materials and the documents comprising the original submittal, are 
available for review at the FAA office listed above. The Supplemental 
ROA 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 August 16, 2023.
David A. Fish,
Director, Airports Division Eastern Region.
[FR Doc. 2023-17917 Filed 8-18-23; 8:45 am]
BILLING CODE 4910-13-P