56912 Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Thai at (202) 267–0175, Office 

of Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC. 

Angela O. Anderson, 

Director, Regulatory Support Division, Office 

of Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2023–0288. 

Petitioner: Ampaire, Inc. 

Section(s) of 14 CFR Affected: 

§§ 91.305 and 91.319(c). 

Description of Relief Sought: 

Ampaire, Inc. (Ampaire) is requesting 

an exemption to demonstrate their 

modified Hybrid Electric Cessna 337 

Skymaster technology to potential 

customers when flying over densely 

populated areas outside of the airport 

traffic pattern and flight on congested 

airways solely during market survey 

operations for the purpose of 

repositioning the aircraft from the 

Camarillo Airport (KCMA) to and from 

the Hawthorne Municipal Airport 

(KHHR). Ampaire will be within a 

power off glide distance of the Santa 

Monica or Hawthorne airports at all 

times. 

[FR Doc. 2023–17947 Filed 8–18–23; 8:45 am] 

BILLING CODE 4910–13–P 

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 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. 

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 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Notices 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 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2023–0022] 

Qualification of Drivers; Exemption 

Applications; Hearing 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 11 individuals for an 


ddrumheller on DSK120RN23PROD with NOTICES1