Approval of LaGuardia Airport (LGA) Noise Compatibility Program, 78188-78190 [2022-27702]
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78188
Federal Register / Vol. 87, No. 244 / Wednesday, December 21, 2022 / Notices
Representative determined to extend
137 exclusions covered under List 1, 59
exclusions covered under List 2, 266
exclusions covered under List 3, and 87
exclusions covered under List 4. With
the exception of certain exclusions
related to the COVID–19 pandemic, all
of these 549 exclusions expired. In
particular, the exclusions for most of
these products expired by December 31,
2020, and the remaining exclusions
expired in 2021. See 85 FR 15849
(March 19, 2020) and 85 FR 20332
(April 10, 2020).
On October 8, 2021, the U.S. Trade
Representative invited the public to
submit comments on whether to
reinstate certain exclusions previously
granted and extended. 86 FR 56345
(October 8, 2021) (the October 8 notice).
The October 8 notice set out factors to
be considered in decisions on possible
reinstatement, and invited public
comment. Those factors included
whether, despite the imposition of
additional duties beginning in
September 2018, the excluded products
remain available only from China and
whether or not reinstating the
exclusions would impact or result in
severe economic harm to the commenter
or other U.S. interests.
Pursuant to Sections 301(b), 301(c),
and 307(a) of the Trade Act of 1974, as
amended, on March 28, 2022, the U.S.
Trade Representative determined to
further modify the action by reinstating
352 of the 549 expired exclusions. The
reinstated exclusions applied as of
October 12, 2021, and extend through
December 31, 2022. See 87 FR 17380
(March 28, 2022).
In accordance with Section 307(c)(3)
of the Trade Act of 1974, on September
8, 2022, the USTR announced that it
would be conducting a review of the
July 6, 2018 and August 23, 2018
actions, as modified. See 87 FR 26797
(May 5, 2022); 87 FR 55073 (September
8, 2022). Section 307(c) of the Trade Act
of 1974 requires the U.S. Trade
Representative to conduct a review of:
(A) the effectiveness in achieving the
objectives of Section 301 of (i) such
action, and (ii) other actions that could
be taken (including actions against other
products or services), and (B) the effects
of such actions on the United States
economy, including consumers. See 19
U.S.C. 2417(c)(3)(A) and (B). In a notice
published on October 17, 2022 (87 FR
62914), USTR announced that it was
opening a docket on November 15, 2022
(USTR–2022–0014) for interested
persons to submit comments with
respect to any aspect of Section 307(c)
considerations, including whether
certain tariff headings should remain
covered by the actions.
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B. Determination To Extend Exclusions
Based on a continued consideration of
the factors and criteria set forth in the
October 8 notice, and in light of the
ongoing statutory four-year review of
the July 6, 2018 and August 23, 2018
actions, the U.S. Trade Representative
has determined to extend the 352
reinstated exclusions, as set out in the
Annex to this notice. The U.S. Trade
Representative’s determination to
extend the reinstated exclusions takes
into account public comments
previously submitted in response to the
October 8 notice, which indicated that
reinstatement of the previously
extended exclusions was appropriate
based on the unavailability of particular
products outside of China, or possible
severe economic harm. The
determination also takes into account
the advice of advisory committees and
the advice of the interagency Section
301 Committee.
Extending the reinstated exclusions
will allow the U.S. Trade Representative
to consider and align, as appropriate,
the reinstated exclusions with the
results of the statutory four-year review
of the July 6, 2018 and August 23, 2018
actions, as modified. See 87 FR 62914
(October 17, 2022); 87 FR 55073
(September 8, 2022). Interested persons
wishing to submit comments on
whether certain tariff headings with a
reinstated product exclusion should
remain covered by the actions or
removed, may submit comments on
docket number USTR–2022–0014.
Comments must be submitted through
the online portal (https://
comments.USTR.gov) by January 17,
2023 at 11:59 p.m. EST.
The reinstated exclusions are
available for any product that meets the
description in the product exclusion. In
particular, the scope of each exclusion
is governed by the scope of the ten-digit
Harmonized Tariff Schedule of the
United States (HTSUS) statistical
reporting numbers and product
descriptions in note 20(ttt) to
subchapter III of chapter 99 of the
HTSUS. The U.S. Trade Representative
has determined to extend the reinstated
exclusions through September 30, 2023,
and may consider further extensions
and/or additional modifications as
appropriate.
U.S. Customs and Border Protection
will issue instructions on entry
guidance and implementation.
Annex
The U.S. Trade Representative has
determined to extend all exclusions
previously reinstated under heading
9903.88.67 and U.S. notes 20(ttt)(i),
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Fmt 4703
Sfmt 4703
20(ttt)(ii), 20(ttt)(iii), and 20(ttt)(iv) to
subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the
United States (HTSUS). See 87 FR
17380 (March 28, 2022). The extension
is effective with respect to goods
entered for consumption, or withdrawn
from warehouse for consumption, on or
after 12:01 a.m. eastern standard time on
January 1, 2023, and before 11:59 p.m.
eastern daylight time on September 30,
2023. Effective on January 1, 2023, the
article description of heading
9903.88.67 of the HTSUS is modified by
deleting ‘‘December 31, 2022,’’ and by
inserting ‘‘September 30, 2023,’’ in lieu
thereof.
Greta Peisch,
General Counsel, Office of the United States
Trade Representative.
[FR Doc. 2022–27637 Filed 12–20–22; 8:45 am]
BILLING CODE 3390–F3–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of LaGuardia Airport (LGA)
Noise Compatibility Program
Federal Aviation
Administration, DOT.
ACTION: Notice of approval of the
LaGuardia Airport (LGA) noise
compatibility program.
AGENCY:
The Federal Aviation
Administration (FAA) announces its
findings for the noise compatibility
program submitted by LGA, see
supplementary information for details.
On July 6, 2022 the FAA determined
that the revised noise exposure maps
submitted by LGA were in compliance
with applicable requirements and that
the noise compatibility program would
be initiating final review for approval or
disapproval. On December 15, 2022, the
FAA approved the LGA noise
compatibility program. The noise
compatibility program contained 23
recommended measures, including eight
noise abatement measures, three land
use measures, and 12 program
management measures. Of the measures
proposed, 14 were approved, five were
approved as voluntary, three were
disapproved, and one was determined
to have no FAA action. Five of the eight
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 December 15, 2022.
FOR FURTHER INFORMATION CONTACT:
Andrew Brooks, Regional
SUMMARY:
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Federal Register / Vol. 87, No. 244 / Wednesday, December 21, 2022 / Notices
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
LGA, effective on December 15, 2022.
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 noncompatible 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.
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19:56 Dec 20, 2022
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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.
On June 15, 2022, the Port Authority
of New York and New Jersey submitted
to the FAA 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,’’ 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
FAA 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
concurrent NCP submittal. 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. Notice
of this NEM determination and intent to
review the NCP was published in the
Federal Register on July 11, 2022
(Notice of Acceptance of a Noise
Exposure Map and Review of a Noise
Compatibility Program, volume 87,
Federal Register, pages 41160–2, July
11, 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 LGA proposed NCP is comprised
of actions designed for phased
implementation by airport management
and adjacent jurisdictions within the
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Fmt 4703
Sfmt 4703
78189
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 6, 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 23
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 December 15, 2022.
The specific program elements and
their individual determinations are as
follows:
Noise Abatement (NA) Measure 1:
Modify NTHNS and GLDMN Runway
13 RNAV SIDs to Direct Aircraft Away
from Flushing, New York—Approved as
Voluntary.
NA Measure 2: Create New Runway
13 Departure Procedure with an
Immediate Left Turn over Compatible
Land Uses—Disapproved.
NA Measure 3: Implement Offset
Approach to Runway 22 to Reduce
Noise Exposure Over Clason Point—
Approved as Voluntary.
NA Measure 4: Reduce Runway 4
Departure Noise Over Clason Point—
Approved as Voluntary.
NA Measure 5: Reduce Runway 13
Departures at Night—Approved as
Voluntary
NA Measure 6: Implement Noise
Abatement Departure Profiles on a
Voluntary Basis for Runways 4 and 13—
Disapproved for Purposes of Part 150.
NA Measure 7: Implement Nighttime
Optimized Profile Descent Procedures—
Disapproved for Purposes of Part 150.
NA Measure 8: Continue Existing
Mandatory Departure Noise Limit—No
Action.
Land Use (LU) Measure 1: SoundInsulate 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.
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78190
Federal Register / Vol. 87, No. 244 / Wednesday, December 21, 2022 / Notices
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 ColorCoded 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 December 15, 2022. 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/LGA_
documents.asp.
Issued in Jamaica, NY, on December 16,
2022.
David A. Fish,
Director, Airports Division, Eastern Region.
[FR Doc. 2022–27702 Filed 12–20–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Environmental Impact Statement:
Summit County, Utah
Federal Highway
Administration (FHWA), Department of
Transportation (USDOT), Utah
Department of Transportation (UDOT).
ACTION: Notice of intent to prepare an
Environmental Impact Statement (EIS).
lotter on DSK11XQN23PROD with NOTICES1
AGENCY:
The FHWA, on behalf of the
Utah Department of Transportation
(UDOT), is issuing this Notice of Intent
(NOI) to solicit comment and advise the
public, agencies, and stakeholders that
SUMMARY:
VerDate Sep<11>2014
19:56 Dec 20, 2022
Jkt 259001
an EIS will be prepared for
transportation improvements in the
Kimball Junction area which includes
the I–80 and SR–224 interchange and
SR–224 through the two at-grade
intersections to the south of I–80 (Ute
Boulevard and Olympic Parkway) in
Summit County, Utah. Persons and
agencies who may be interested in or
affected by the proposed project are
encouraged to comment on the
information in this NOI and the NOI
Supplemental Information document.
All comments received in response to
this NOI will be considered, and any
information presented herein, including
the draft purpose and need, preliminary
alternatives, and identified impacts,
may be revised in consideration of the
comments.
DATES: Comments on the NOI must be
received on or before January 27, 2023.
ADDRESSES: This NOI is available in the
docket referenced above at
www.regulations.gov and on the project
website
(kimballjunctioneis.udot.utah.gov).
Interested parties are invited to submit
comments by any of the following
methods:
Website: For access to the documents,
go to the Federal eRulemaking Portal
located at www.regulations.gov or the
project website
(kimballjunctioneis.udot.utah.gov).
Follow the online instructions for
submitting comments.
Mailing address or for hand delivery
or courier: UDOT Environmental
Services Division, 4501 South 2700
West, P.O. Box 148450, Salt Lake City,
Utah 84114–8450.
Email address: kimballjunctioneis@
utah.gov.
All submissions should include the
agency name and the docket number
that appears in the heading of this
Notice. All comments received will be
posted without change to
www.regulations.gov or
kimballjunctioneis.udot.utah.gov.
The Draft EIS will include a summary
of the comments received.
FOR FURTHER INFORMATION CONTACT:
Carissa Watanabe, Environmental
Program Manager, UDOT Environmental
Services Division, 4501 South 2700
West, P.O. Box 148450, Salt Lake City,
Utah 84114–8450; telephone: (503) 939–
3798; email: cwatanabe@utah.gov. Grant
Farnsworth, PE, Kimball Junction EIS
Project Manager, UDOT Region Two,
2010 South 2760 West, Salt Lake City,
UT 84104; telephone: (801) 663–9985
email: gfarnsworth@utah.gov.
Persons interested in receiving the
project information can also use the
PO 00000
Frm 00149
Fmt 4703
Sfmt 4703
project email address referenced above
to be added to the project mailing list.
SUPPLEMENTARY INFORMATION: The
environmental review, consultation, and
other actions required by applicable
federal environmental laws for this
project are being or have been carried
out by UDOT pursuant to 23 U.S.C. 327
and a Memorandum of Understanding
dated May 26, 2022 and executed by
FHWA and UDOT. UDOT, as the
assigned National Environmental Policy
Act (NEPA) agency, will prepare an EIS
to evaluate transportation solutions in
the Kimball Junction area which
includes the Interstate 80 (I–80) and
State Route (SR) 224 interchange and
SR–224 through the two at-grade
intersections to the south (Ute
Boulevard and Olympic Parkway). The
proposed project study area extends on
I–80 from the Jeremy Ranch interchange
(I–80 milepost 142) to the US–40
interchange (I–80 milepost 147). The
EIS will be conducted in accordance
with the requirements of NEPA, as
amended (42 United States Code
[U.S.C.] Section 4321, et seq.), 23 U.S.C.
139, Council on Environmental Quality
(CEQ) regulations implementing NEPA
(40 CFR parts 1500–1508), FHWA
regulations implementing NEPA (23
CFR 771.101– 771.139), and all
applicable federal, state, and local
governmental laws and regulations.
In 2021, UDOT, in partnership with
Summit County, published the Kimball
Junction and SR–224 Area Plan (Area
Plan) that was prepared to identify and
evaluate future transportation
improvements at the interchange of I–80
and SR–224 and through the two atgrade intersections on SR–224 (Ute
Boulevard and Olympic Parkway) in
Summit County, Utah. The Area Plan
was conducted using UDOT’s Solutions
Development process which is a local
planning process that seeks to capture
the unique context of an area or corridor
and develop a set of solutions to meet
its transportation needs. The Area Plan
evaluated multimodal improvements to
address congestion, mobility, safety,
access, and travel time reliability at the
Kimball Junction interchange and on
SR–224 in the Kimball Junction area.
Transportation problems as well as
opportunities to solve the problems
were established in the study area via
input from study partners and the
public. Other criteria were developed to
balance transportation and
environmental goals and objectives.
Further input from the study partners
and the public was incorporated to
develop the goals. The problems and
opportunities developed during the
Area Plan process informed the draft
E:\FR\FM\21DEN1.SGM
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Agencies
[Federal Register Volume 87, Number 244 (Wednesday, December 21, 2022)]
[Notices]
[Pages 78188-78190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27702]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Approval of LaGuardia Airport (LGA) Noise Compatibility Program
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of approval of the LaGuardia Airport (LGA) noise
compatibility program.
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration (FAA) announces its
findings for the noise compatibility program submitted by LGA, see
supplementary information for details. On July 6, 2022 the FAA
determined that the revised noise exposure maps submitted by LGA were
in compliance with applicable requirements and that the noise
compatibility program would be initiating final review for approval or
disapproval. On December 15, 2022, the FAA approved the LGA noise
compatibility program. The noise compatibility program contained 23
recommended measures, including eight noise abatement measures, three
land use measures, and 12 program management measures. Of the measures
proposed, 14 were approved, five were approved as voluntary, three were
disapproved, and one was determined to have no FAA action. Five of the
eight 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 December 15, 2022.
FOR FURTHER INFORMATION CONTACT: Andrew Brooks, Regional
[[Page 78189]]
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 LGA, effective on December 15,
2022. 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.
On June 15, 2022, the Port Authority of New York and New Jersey
submitted to the FAA 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,'' 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 FAA 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 concurrent NCP submittal. 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. Notice of this NEM determination and intent to review
the NCP was published in the Federal Register on July 11, 2022 (Notice
of Acceptance of a Noise Exposure Map and Review of a Noise
Compatibility Program, volume 87, Federal Register, pages 41160-2, July
11, 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 LGA 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 6,
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 23 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
December 15, 2022.
The specific program elements and their individual determinations
are as follows:
Noise Abatement (NA) Measure 1: Modify NTHNS and GLDMN Runway 13
RNAV SIDs to Direct Aircraft Away from Flushing, New York--Approved as
Voluntary.
NA Measure 2: Create New Runway 13 Departure Procedure with an
Immediate Left Turn over Compatible Land Uses--Disapproved.
NA Measure 3: Implement Offset Approach to Runway 22 to Reduce
Noise Exposure Over Clason Point--Approved as Voluntary.
NA Measure 4: Reduce Runway 4 Departure Noise Over Clason Point--
Approved as Voluntary.
NA Measure 5: Reduce Runway 13 Departures at Night--Approved as
Voluntary
NA Measure 6: Implement Noise Abatement Departure Profiles on a
Voluntary Basis for Runways 4 and 13--Disapproved for Purposes of Part
150.
NA Measure 7: Implement Nighttime Optimized Profile Descent
Procedures--Disapproved for Purposes of Part 150.
NA Measure 8: 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: 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.
[[Page 78190]]
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
December 15, 2022. 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/LGA_documents.asp.
Issued in Jamaica, NY, on December 16, 2022.
David A. Fish,
Director, Airports Division, Eastern Region.
[FR Doc. 2022-27702 Filed 12-20-22; 8:45 am]
BILLING CODE 4910-13-P