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New York ordinance as an interference with Federal air traffic and safety regulations in the New York area. 129/ But, anomalously, FAA has apparently accepted the Port Authority's recent use of the Port's airports noise regulation to vitiate an FAA operational safety notice at New York's LaGuardia Airport. 130/
True, the legal theory of the Port of New York Authority regulation is that it is not "legislation", but

129/ Supra, p. 52.

130/ An FAA Notice of August 8, 1966 (citing increased safety as its primary objective) lifted a prior New York FAA restriction against jet operations on Runway 4/22 at LaGuardia Airport. The Port Authority contended that, under its airport rules and regulations (adopted for noise control) (see Attachment "G"), the Port in April 1964 had granted permission to operate jets into LaGuardia with a prohibition against using Run 4/22. When jet operators began using Runway 4/22 pursuant to the FAA's Notice of August 8, 1966, the Port filed in New York State Supreme Court for an injunction, claiming that such operations violated its noise regulation and thereby constituted trespass, which could result in the Port being sued for damages from noise. The runway was built in part with Federal funds granted by FAA under a contract requiring the Port to keep the runway open for public use. Nevertheless, and even though the FAA Notice rests on safety, as opposed to the Port's regulation being for noise alleviation, the FAA to this time has not challenged the Port regulation. One of the airline operators has done so, in an injunction suit filed in the Federal Court for New York. Port of New York Authority v. Eastern Air Lines, et al (E. D., N. Y ) 66 Civ. 867 on petition for removal from the New York State Supreme Court for Queens County, No. 216-66, filed September 7, 1966.