[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

[[Page 41161]]

(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]
BILLING CODE 4910-13-P


