Federal Aviation Administration

Ai-r Traf f ic Airspace Branch, ASW-520

2 6 01 Meacham Bl-vd .

Fort Worth, TX 76L37-0520

Aeronautical St.udy No.

2004-AEA-3159-OE

rssued Date: 09/78/2006

HARRY SZARPANSKI (ASST. COMMISS]ONER)

DEPARTMENT OF SANITATION OF NEW YORK (DSNY)

44 BEAVER STREET

NEW YORK, NY 1OOO4

** DETERMINATION OF NO IIAZARD TO A]R NAVIGATION **

The Federal Aviation Administration has completed an aeronautical study under

the provisions of 49 U.S.C., Section 447 1-B and, if applicable, Tit.le 14 of the

Code of Federal- Regulations, par1; 77, concerning:

Structure:

Location:

Latitude:

Longitude:

Heights:

Building

FLUSHING, NY

40-46 -15.35 N NAD 83

73 - 50 -51 .49 W

110 feet above ground l-evel (AGL)

110 feet above mean sea level (AMSL)

Thj-s aeronautical- study reveal-ed that the structure would have no substantialadverse effect on the safe and efficient uLilization of the navigable airspace

by aircraft or on the operation of air navigation facil-ities. Therefore,

pursuant to the authority delegated to me, it is hereby determined that the

sLructure would not be a hazard to air navigation provided the following

condition (s) is (are) met:

As a condition to this Determination, the structure is marked and/or

lighted in accordance with FAA Advisory CircuLar l0/7q60-1 K Change 1,

obstrucLion Marking and Lighting, red lights - Chapters 4,5 (Red),el-2

It is required that the encl-osed FAA Form 746A-2, Notice of Actuaf Construction

or Alteration, be completed and returned to this office any time the project is

abandoned or:

At least 10 days prior to start of construction

(7460-2, Part I)

Within 5 days afLer the construction reaches its greatest hei-ght

Q46A-2, Part II)

See attachment for additional condition(s) or information.

ADVISORY RECOMMENDATION - While the structure does not constitute a hazard to

air navigation, it would be located within the Runway Protection Zone (RPZ) of

the LaGuardia Airport runway 31.

SLructures, which will result in the congregation of people within an RPZ,

are strongly discouraged in the interesL of protecting peopl-e and property

on the ground. In cases where the airport owner can control the use of the

property, such structures are prohibited. In cases where the airport owner

exercises no such control, advisory recommendations are issued to inform the

sponsor of the inadvisability of the project from the standpoint of safety

to personnel- and property.

The structure considered under this study lies in proximity to an airport and

occupants may be subjected to noise from aircraft operating to and from the

airport.

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This determination expires on 03/18/2008 unless:

(a) extended, revised or terminated by the issuing office.

(b) the construction is subject to the licensing authority of

the Federal Communications Commi-ssion (FCC) and an

:nnr i cation for a construction permit has been filed, as

required by Lhe FCC, within 6 months of the date of this

determinati-on. In such qase, the determination expires on

the date prescribed by the FCC for completion of

construction, or t.he date the FCC denies the applicaLion.

NOTE: REQUEST FOR EXTENS]ON OF THE EFFECTIVE PERIOD OF THIS DETERMINATION

MUST BE POSTMARKED OR DELIVERED TO TH]S OFF]CE AT LEAST 15 DAYS PRIOR TO THE

EXP]RATION DATE.

This determination is subject to review if an interested party fj-l-es a peLition

that j-s received by the FAA on or before October 18, 20A6. In the event a

petition for review is filed, it musL contain a full statement of the basis upon

which it is made and be submitted in triplicate to the Manager, Airspace and

Rules Division - Room 423, Federal Aviation Administration, 800 Independence

Ave, Washington, D.C. 20591-.

This determination becomes final- on October 28,2006 unl-ess a petition is timely

filed. fn which case, Lhis determination wil-1 noL become final- pending

disposition of the petition. Interested parties will be notified of the grant

of any review. For any questions regarding your petition, please contact Office

of Airspace and Rules via telephone 202-26'7-8783 - or facsimile 202-267-9328.

This determination is based, in part, on the foregoing description which

includes specific coordinates, heights, frequency(ies) and power. Any changes

in coordinates, heights, and frequencies or use of greater power will- void this

determination. Any future construction or afteration, including increase to

heights, power, or the addition of other Lransmitters, requires separate notice

to the FAA.

This determination does include temporary construction equipment such as cranes,

derricks, etc., which may be used during actual construction of the structure.

However, this equipment shall not exceed the overa11 heights as indicated above.

Equipment which has a height greater than the studied structure requires

separate notice to Lhe FAA.

This determination concerns the effect of this strucLure on the safe and

efficient use of navigable airspace by aircraft and does not relieve the sponsor

of compliance responsibilities rel-ating to any 1aw, ordinance, or regulation of

any Federal, State, or local- government body.

This aeronautical study considered and analyzed the impact on existing and

proposed arrival-, departure, and en route procedures for aircraft operating

under both visual flight rules and instrument flight rules; the impact on allexisting and planned public-use airports, military airports and aeronautical

facilit.ies; and the cumulaLive impact resulting from the studied structure when

combined with the impact of other existing or proposed structures. The st,udy

discl-osed that the described structure would have no substantial- adverse effect

on air navigation.

An account of the study findings/ aeronautical- objections received by the FAA

during the study (if any), and the basis for the FAA.s decision j-n this matter

can be found on the following page (s) .

A copy of this determination wil-l be forwarded to the Federal Communications

Commission if the sLructure is subject to their licensing authority.

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If we can be of further assistance, please contact our office at (202)267-921,9.

On any future correspondence concerning this matter, please refer to

Aeronauti-cal Study Number 2004-AEA-3159-OE.

Signature Contrbl No: 402583-eg:SOe (ouu)

Kevin P. Haggerty

Manager, Obstruction Evaluation Service

Attachment ( s )

Additional- Inf ormation

Map

7460-2 Attached

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Additional Information for ASN 2004-AEA-3L59-OE

Proposal: To construct a building to a height of 1l-0 feet above ground leve1,

110 feet above mean sea leve1.

Location: The sLructure will be 1.06 nauLica] mil-es east of LaGuardia

International Airport reference point, (LGA), New York; 2206 feeL from the

approach end of runway 31.

Federal Aviation Regulation, FAR Part 77, Obstruction Standards Exceeded:

Section 77.23 (a) (5) Airport Surfaces by penetrating

Section 77 .25 (e) (Transition Surface) by 62 Feet- a height Lhat exceeds a

takeoff or landing area of an airport, as applied to LGA.

PUBLIC NOTICE: The proposal was circularized for public comment on April 4,

2005 and two comments were received, one objecting t,o the proposal due to its

being located within the RPZ for runway 31, the second had no objection.

AERONAUTICAL STUDY RESULTS :

The proposed structure would not affect any plans on fi1e. The structure woul-d

not affect a planned precision approach for runway 31.

The structure woul-d not inLerfere with any airport traffic patterns.

The structure would not adversely affect any present or future VFR or IFR

terminal procedure. The structure although located within the Runway Protection

zone is outside of the 40:1 obstacl-e identification surface for runway 31.

The structure wou1d not affect any VFR or fFR enroute procedure.

The structure would not have a cumulative impact on any existi-ng or planned

airport.

The st,ructure woul-d exceed obstruction standards and shall be obstruction

lighted in accordance with FAA AC 70/7460-1K, Chapters 4, 5 and t-2.

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Map for ASN 2OO4-AEA-3159_OE

iih.+ril.;:.'i

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