FederalAviation Administration

Ai-r Traf fic Airspace Branch, ASW-520
2 601 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 NEWYORK (DSNY) 44 BEAVER STREET NEWYORK,NY 1OOO4

** DETERMINATION OF NO IIAZARDTOA]R NAVIGATION ** The FederalAviation Administration has completed anaeronautical study under the provisions of 49 U.S.C., Section 447 1-Band, if applicable, Tit.le 14of the Codeof 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 110feet above ground l-evel (AGL) 110feet above meansea level (AMSL) Thj-saeronautical- study reveal-ed that the structure would have no substantialadverse effect onthe safe and efficient uLilization of the navigable airspace by aircraft or onthe operation of air navigation facil-ities. Therefore, pursuant to the authority delegatedto 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 FAAAdvisory 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 Form746A-2, Notice of Actuaf Construction or Alteration, be completed and returned to this office anytime the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part I) Within 5 daysafLer the construction reaches its greatest hei-ght Q46A-2, Part II) Seeattachment 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 LaGuardiaAirport 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 onthe ground. In cases wherethe airport owner can control the use of the property, such structures are prohibited. In cases where the airport owner exercises no suchcontrol, advisory recommendations are issued to inform the sponsorof the inadvisability of the project fromthe standpoint of safety to personnel- and property. The structure considered underthis study lies in proximity to anairport and occupants maybe subjected to noise fromaircraft operating to andfrom the airport.

Page 1This 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 ication for a construction permit has been filed, as required by Lhe FCC,within 6 monthsof the date of this determinati-on. In suchqase, the determination expires on the date prescribed by the FCCfor completionof construction, or t.he date the FCCdenies the applicaLion. NOTE: REQUEST FOR EXTENS]ON OF THE EFFECTIVE PERIOD OFTHIS DETERMINATION MUST BE POSTMARKED OR DELIVERED TOTH]S OFF]CEAT 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 FAAonor 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 - Room423, 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 becomefinal- pending disposition of the petition. Interested parties will be notified of the grant of any review. For anyquestions regarding your petition, please contact Office of Airspace and Rulesvia telephone 202-26'7-8783 - or facsimile 202-267-9328. This determination is based, in part, onthe foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, andfrequencies or use of greater powerwill- void this determination. Anyfuture 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 maybe usedduring actual construction of the structure. However,this equipment shall not exceedthe overa11 heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to Lhe FAA. This determination concernsthe effect of this strucLure onthe 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 onexisting 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 fromthe studied structure when combinedwith 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-nthis matter can be found onthe following page (s)

. A copyof this determination wil-l be forwarded to the Federal Communications Commission if the sLructure is subject to their licensing authority.

Page 2If we can be of further assistance, please contact our office at (202)267-921,9.

Onanyfuture correspondence concerningthis 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

Page 3Additional Information for ASN2004-AEA-3L59-OE Proposal: To construct a building to a height of 1l-0 feet aboveground leve1, 110feet above meansea leve1. Location: The sLructure will be 1.06 nauLica] mil-eseast of LaGuardia International Airport reference point, (LGA), NewYork; 2206 feeL from the approach endof runway 31. FederalAviation Regulation, FARPart 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 onApril 4, 2005 and two commentswere received, one objecting t,othe proposal dueto its being located within the RPZfor runway 31, the second had noobjection.
AERONAUTICAL STUDY RESULTS : The proposedstructure would not affect any plans onfi1e. Thestructure woul-d not affect a planned precision approach for runway 31. Thestructure woul-d not inLerfere with any airport traffic patterns. Thestructure would not adversely affect any present or future VFRor 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. Thestructure wou1d not affect any VFRor fFR enroute procedure. The structure would not have a cumulative impact on any existi-ng or planned airport. Thest,ructure woul-d exceedobstruction standards andshall be obstruction lighted in accordance with FAAAC70/7460-1K, Chapters4, 5 and t-2.

Page 4Mapfor ASN 2OO4-AEA-3159_OE



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