Fedeml Aviation Adminishation

Air Traffic Airspacc Branch, ASW-520

2601 Meacham Blvd.

Fort Worth, TX 76137-0520

Acronautical Study No.

2008-AEA-407 1 -OE

Prior Study No.

2007-AEA-3463-OE

Issued Datcr I 0124/2008

Dcputy Commissioner Harry Szarpanski

Ncw York City Department ofSanitatiot

44 Beaver Strcet - 12th Floor

Ncw York. NY 10004

** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **

The Fedcral Aviation Administration has conducted an acronautical study under thc provisions of49 U.S.C.,

Scction 44718 and ifapplicablc Titlc l4 ofthc Code of Fcderal Rcgulations. part 77, conccming:

Structure:

Localion:

Latitudc:

Longitudc:

Heights:

Crane Container handling gantry cranc

Flushing, NY

40-46-lr.04N NAD 83

'73-50-57 .92W

97 fcct above ground levcl (AGL)

97 fect above mcan sea levcl (AMSL)

cxtended, rcvised or tcminatcd by the issuing officc.

the construction is subjcct to thc licensing authority ofthe Fedcral Communications Commission

(FCC) and an application for a consftuction permit has been filcd, as required by the FCC, within

This acronautical study rcvcaled that the structure would havc no substantial advcrsc cffcct on thc safc

and efficicnt utilization ofthe navigable aiispacc by aircraft or on thc opcration ofair navigation facilities.

Therefore, pursuant to thc authority dclegatcd to me, it is hcreby dclermined that the structure would not be a

hazard to air navigation provided the following condition(s) is(arc) mct:

As a condition to this Dctermination. the struclure is marked and/or lightcd in accordancc with FAA Advisory

circ|ulat 70/7460-l K Change 2. Obslruction Marking and Lighting, rcd lights - Chapters 4,5(Red),&12.

It is required that FAA Form 7460-2, Noticc ofActual Constuction or Altemlion, be completed and retumed to

this office any time thc project is abandoncd or:

At lcast l0 days prior to start of construction (7460-2, Pafi l)

Within 5 days aftcr lhe construction rcaches its grcatest hcight (7460-2, Part U)

Scc attachmcnt for additional condition(s) or information.

Any height cxcccding 97 fcct abovc ground lcvcl (97 fcct above mcan sca lcvcl), will rcsult in a substantial

advcrse effcct and would warrant a Dctcrmination ofHazard to Air Navigation.

This determination expircs on 04/2412010 unlcss:

X

x

(a)

(b)

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6 months ofthe datc ofthis dclermination. In such casc. thc detemination expires on the date

prescribcd by thc FCC lor completion ofconstruction, or thc datc thc FCC dcnics thc application

NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF Tllls DETERMINATIoN

MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST I5 DAYS PRIOR TO THE

EXPIRATION DATE.

This dctcrmination is subjcct to revicw ifan intercstcd party filcs a pctition that is reccived by the FAA on or

bcfore Novembcr 23, 2008. In thc evcnt a pctition for rcview is filcd. it must contain a firll statemcnt ofthe

basis upon which it is madc and be submittcd in triplicatc to the Managcr, Ainpace and Rulcs Division - Room

423, Fcderal Aviation Administration. 800 Indcpcndcncc Avc., Washington. D.C. 20591.

This dctermination bccomcs final on December 03,2008 unlcss a pclition is timcly filcd. ln which case. this

dctemination will not become final pcnding disposition ofthc petition. Interestcd parties will be notified ofthc

grant ofany rcview. For any qucstions rcgarding your pctition, plcase contact Officc ofAirspacc and Rules via

tclcphone - 202-267-8783 - or facsimile 202-267-9328.

This dctcmination is bascd, in part, on the foregoing dcscription which includcs spccific coordinates, hcights,

frcquency(ies) and powcr. Any changcs in coordinates, heighls, and lrequcncics or usc ofgrcater power will

void this determination. Any future construction or altcration, including increasc to hcights, power, or thc

addition ofother transminers, rcquircs separate notice to the FAA.

This dctermination does includc temporary construction cquipment such as crancs, dcrricks, etc., which may bc

uscd during actual construction ofthc struclure. However, this cquipmcnt shall not exceed the ovcrall hcights as

indicatcd abovc. Equipment which has a hcight grcater than thc studicd structurc rcquires scpamtc nolicc to thc

FAA,

This detcrmination conccms thc effect ofthis structurc on thc safe and efficient use olnavigable airspacc

by aircraft and does not rclieve the sponsor ofcompliance responsibilities rclating to any law, ordinancc, or

rcgulation ofany Fcderal, Statc, or local govemment body.

This acronautical study considcrcd and analyzed thc impact on cxisting and proposed arrival, departure, and

en routc proccdures for aircraft operating under both visual flight rules and instrument flight rules; the impact

on all cxisting and planncd public-usc airports, military airports and aeronautical facilities; and thc cumulativc

impact rcsulting from the studicd structure when combined with thc impact ofother cxisting or proposod

strucfures. Thc study disclosed that thc described structure would have no substantial adversc effcct on air

navigation.

An accounl of the sfudy findings, aeronaulical objccrion$ rcccived by rho FAA du.int thc study (ifan , ond lhe

basis for the FAA'S decision in this maftcr can be found on thc following page(s),

A copy ofthis dctcrmination will be forwarded to the Fcderal Communications Commission ifthe structure is

subject to fhcir licensing authority.

If we can be offurther assistancc, plcase contact Robert Alexandct at (7l g) 553-4546. On any fuiure

corrcspondence conccming this maflcr, please rclcr to Acronautical Study Number 200g_AEA-4071_OE.

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Signature Control Not 597940-10347 6g3tl

Kevin P. Haggerty

Manager. Obstruction Evaluation Sen,icc

Attachment(s)

Additional Inlonnation

Map(s)

(DNH)

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Additional informatioIt for ASN 2008-AEA-4071-OE

The proposcd structue would be localed approximately L l5 nautical miles southcast of Lacuardia Airpo

rcfercncc point,2294 fcct southcast ofthe approach end ofrunway 3 L

The proposal would excced thc Obstruction Standards ofFAR Part 77 ofthc Fedcral Aviation Regulations as

follows:

Section 77.23(a)(5) Airport Surfaces - by penetrating Scction 77.25(d)(Approach Surface) by 30 fect - a hcight

that cxceeds a takcoffor landing arca ofan airport. as applied to Lacuardia Airport.

Negotiation was aftemplcd wilh the proponcnt but full filcd hcight and location was requcsted. Thc proponcnt

has agreed to supply a ccrtificd lA survey.

This proposal was not circularizcd for public comment. This proposal was circularized prcviously under

aeronautical study numbcr 2004-AEA-3159-OE. One commcnt was receivcd stating that the proposal was

outside ofthe single engine out departure surfacc.

The aeronautical study discloscd:

The proposal would not impact any plans on file. Therc is a plan on file to install a precision approach to

runway 31. After much study, a dccision has bccn reached to install an offset localizer with a 3.I degrce glidc

slopc anglc which will allow a decision height of280 fcet height above touchdown and a visibility of5000 feet.

Thc proposcd building will not impact this approach procedurc.

The structurc would not interfcre with any airport traffic pattems.

The structurc would not adverscly impact any prcsent or futurc VFR or IFR Terminal Procedure. Thc structure

excceds a direct 40:l dcparturc slopc by 33 fcet,35 fect is allowed and is outsidc ofthc singlc enginc out

departure splay.

The structure would not advcrsely impact any VFR or IFR enroute procedurc.

The structurc would not havc a cumulativc impact on any existing or planncd airport.

The structure would exceed obstruction standards and shall bc obstruction lighted in accordance with FAA AC

70/7460-lK, chaptcrs 4, 5 and 12.

It is dctermined that the structurc as proposcd would not havc a substantial adverse effcct on the safc and

efficient use ofnavigablc airspace by aircraft or lhe use ofany air navigation facility, and would not be a

hazard to air navigation.

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