[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Notices]
[Pages 2751-2752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00651]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Approval of Teterboro Airport (TEB) Noise Compatibility Program

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of approval of the Teterboro Airport (TEB) 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 June 15, 2017, the FAA 
determined that the noise exposure maps submitted by TEB were in 
compliance with applicable requirements. On July 15, 2022, the FAA 
determined that the noise compatibility program submitted by TEB would 
be initiating final review for approval or disapproval. On January 10, 
2023, the FAA approved the TEB noise compatibility program. The noise 
compatibility program contained 33 recommended measures, including 16 
noise abatement measures, four land use measures, and 13 program 
management measures. Of the measures proposed, 23 were approved, four 
were approved as voluntary, three were disapproved, and three were 
determined to have no FAA action as continuations of existing mandatory 
practices at TEB. Six of the 16 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 January 10, 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 TEB, effective on January 10, 
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.
    TEB 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 TEB were in compliance 
with applicable requirements under 14 CFR 150, effective June 15, 2017 
(Noise Exposure Map Notice for Teterboro Airport, Teterboro, New 
Jersey, volume 82, Federal Register, pages 28545-6, June 22, 2017). The 
FAA formally received the NCP based on the accepted NEMs for TEB on 
July 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

[[Page 2752]]

as a NCP. The formal review period, limited by law to a maximum of 180 
days, was initiated on July 15, 2022. Notice of the intent to review 
the NCP was published in the Federal Register on July 21, 2022 (Notice 
of Receipt and Request for Review of Noise Compatibility Program, 
volume 87, Federal Register, pages 43594-5, July 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 TEB 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 15, 
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 33 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 
January 10, 2023.
    The specific program elements and their individual determinations 
are as follows:

Noise Abatement (NA) Measure 1: Implement a Runway 24 Departure Turn to 
230 degrees at Night--Approved as Voluntary.
NA Measure 2: Encourage Intersection Departures from Taxiway K on 
Runway 1 at Night--Approved as Voluntary.
NA Measure 3: Design and Implement a Centralized Aircraft Run-up Pad--
Approved.
NA Measure 4: Implement an Offset Approach Procedure to Runway 19--
Disapproved for Purposes of Part 150.
NA Measure 5: Implement an Offset Approach Procedure to Runway 6--
Disapproved for Purposes of Part 150.
NA Measure 6: Implement a Published Approach Procedure to Runway 1 and 
Increase Usage at Night--Approved as Voluntary.
NA Measure 7: Implement a Published Departure Procedure from Runway 
19--Disapproved for Purposes of Part 150.
NA Measure 8: Existing Mandatory Permission to Operate Jet Aircraft--No 
Action.
NA Measure 9: Existing Mandatory Noise Limits--No Action.
NA Measure 10: Existing Mandatory Aircraft Maintenance Run-Up 
Restrictions--No Action.
NA Measure 11: Existing Voluntary Restraint from Operations between 
11:00 p.m. and 6:00 a.m.--Approved.
NA Measure 12: Existing Voluntary Preferential Runway Use at Night--
Approved.
NA Measure 13: Existing Voluntary Encouragement of the Use of National 
Business Aviation Association (NBAA) Noise Abatement Departure 
Procedures (NADP)--Approved.
NA Measure 14: Existing Voluntary Restraint from the Use of Reverse 
Thrust--Approved.
NA Measure 15: Existing Voluntary IFR and VFR Approach and Landing 
Procedures to Runway 1 at Night--Approved.
NA Measure 16: Existing Voluntary Helicopter Routes--Approved.
Land Use (LU) Measure 1: Acquire Non-compatible Residential Parcels--
Approved.
LU Measure 2: Sound-Insulate Eligible Dwelling Units--Approved.
LU Measure 3: Sound-Insulate Eligible Non-Residential Noise-Sensitive 
Structures--Approved.
LU Measure 4: Assist 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: Update Airfield Noise Abatement Program Signage--
Approved.
PM Measure 13: 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 
January 10, 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/TEB_documents.asp.

    Issued in Jamaica, NY, on January 10, 2023.
David A. Fish,
Director, Airports Division, Eastern Region.
[FR Doc. 2023-00651 Filed 1-13-23; 8:45 am]
BILLING CODE 4910-13-P


