Environmental Impacts: Policies and Procedures
Federal RegisterOct 13, 1999
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SUMMARY: The Federal Aviation Administration (FAA) proposes to revise
its procedures for implementing the National Environmental Policy Act,
Order 1050.1D, Policies and Procedures for Considering Environmental
Impacts, with proposed Order 1050.1E Environmental Impact: Policies and
Procedures. The revisions in proposed Order 1050.1E include:
consolidating the FAA categorical exclusions in the appendixes to Order
1050.1D into the body of the order; proposing new and modified
categorical exclusions; incorporating new procedures for preparing
environmental documents; consolidating Order 1050.1D appendixes, which
describe procedures for each program office, into the body of the
order; and proposing new appendixes, such as on third-party
contracting. This notice provides the public opportunity to comment on
the proposed changes. All comments on the proposed changes will be
considered in preparing the final version of Order 1050.1E.
DATES: Comments must be received on or before January 11, 2000.
ADDRESSES: Comments should be mailed, in triplicate, to the Federal
Aviation Administration (FAA), Office of the Chief Counsel, Attn: Rules
Docket (AGC-200), Docket No. 29797, 800 Independence Avenue, S.W., Room
915G, Washington, DC 20591. Comments may be inspected in Room 915G
between 8:30 a.m. and 5:00 p.m., weekdays, except Federal holidays.
Commenters who wish the FAA to acknowledge the receipt of their
comments must submit with their comments a self-addressed, stamped
postcard on which the following statement is made: ``Comments to Docket
No. 29797.'' The postcard will be date-stamped by the FAA and returned
to the commenter.
FOR FURTHER INFORMATION CONTACT: Dr. Ann M. Hooker, Environment,
Energy, and Employee Safety Division (AEE-200), Office of Environment
and Energy, FAA, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-3554.
SUPPLEMENTARY INFORMATION: The National Environmental Policy Act (NEPA)
and implementing regulations promulgated by the Council on
Environmental Quality (CEQ) (40 CFR parts 1500-1508) establish a broad
national policy to protect the quality of the human environment and
provide policies and goals to ensure that environmental considerations
and associated public concerns are given careful attention and
appropriate weight in all decisions of the Federal Government. Section
102(2) of NEPA and 40 CFR 1505.1 require Federal agencies to develop
and, as needed, revise implementing procedures consistent with the CEQ
regulations.
The FAA's current Order 1050.1D, Policies and Procedures for
Considering Environmental Impacts, provides FAA's policy and procedures
for complying with the requirements of: (a) The CEQ regulations for
implementing the procedural provisions of NEPA; (b) Department of
Transportation (DOT) Order DOT 5610.1C, Procedures for Considering
Environmental Impacts, and (c) other applicable environmental laws,
regulations, and executive orders and policies. The FAA is proposing to
replace Order 1050.1D with Order 1050.1E.
Request for Comment
As part of revising its environmental order, the FAA is seeking
comment regarding sixteen proposed changes as described in the
following synopsis of changes. FAA is also seeking comment on the
feasibility of requiring that NEPA documents be submitted in electronic
form suitable for access via the Internet.
Synopsis of Proposed Changes
The proposed FAA Order 1050.1E, Environmental Impacts: Policies and
Procedures, includes additions or changes to the current version of FAA
Order 1050.1D which may be of interest to the public and other
government agencies and organizations. Additional information on the
proposed changes may be found in paragraph 5 (Chapter 1) of the draft
order.
The revised Order 1050.1E would:
Change 1. Be reorganized to place the categorical exclusions for
all FAA programs, including new and modified categorical exclusions, in
chapter 3, eliminating the separate appendixes for each program (see
Figure 3-2, Categorical Exclusions List). For reference, offices that
originated and would normally use a categorical exclusion are listed in
parentheses following each categorical exclusion. Additions and
modifications to categorical exclusions are identified in italic print
in figure 3-2.
Change 2. Be reorganized to place the types of actions that
normally require preparation of EAs and EISs for all programs into
Chapters 4 and 5, respectively. Appendix 6, Airports, of Order 1050.1D
(which references FAA Order 5050.4A, Airport Environmental Handbook,
October 8, 1985) is continued as appendix 3 of this order. Order
5050.4A will be updated to ensure consistency with this order.
Change 3. Add a new appendix 1, Analyses of Environmental Impact
Areas. Appendix 1 would contain an overview of procedures for
implementing other applicable environmental laws, regulations, and
executive orders in the course of NEPA compliance. Appendix 1
incorporates and updates Attachment 2 of Change 4 to Order 1050.1D, and
amends each impact area to include a significant threshold paragraph
where thresholds have been established.
Change 4. Provide guidance whereby the Air Traffic Service could
accept the U.S. Department of Defense's (DOD) use of a categorical
exclusion for actions relating to a request for designation of special
use airspace when that request is subject to a categorical exclusion
under the regulations of the requesting military department, except
when FAA actions are subject to an EA, in accordance with a Memorandum
of Understanding, dated January 26, 1998 (see paragraph 303c).
Change 5. Add a reference to Tribes in defining extraordinary
circumstances when actions are likely to be highly controversial on
environmental grounds based on concerns raised by a Federal, State,
Tribal, or local government agency or by a substantial number of the
persons affected by the action (see paragraph 304i); likely to violate
Tribal water quality standards under the Clean Water Act and Safe
Drinking Water Act (see paragraph 304h), or air quality standards
established under the Clean Air Act Amendments of 1990 (see paragraph
304g); or likely to be inconsistent with any Tribal law relating to
environmental aspects of the proposed action. Includes new guidance on
government-to-government consultation with Tribes (see paragraph 212).
Incorporates references to tribal consultation into appendix 1, section
11 on cultural resources.
Change 6. Provide guidance on intergovernmental review of agency
actions that may affect State and local governments. (see paragraph
212).
Change 7. Provide procedures for adopting EAs prepared by other
agencies (see paragraph 404d).
[[Page 55527]]
Change 8. Provide a new optional procedure for preparing scoping
documents. The purpose of scoping is to identify the potential effects
on the environment of the proposed action and set the temporal and
geographic boundaries of the study. Depending on the nature and
complexity of the action, some or all of the information needed during
the scoping process may be obtained by letter, telephone, or other
means. A scoping document would be extremely useful if the scoping is
done by mail or telephone, or the project's location or locations are
so remote, scattered, or widespread that affected agencies and other
interested persons are unable to visit the site or sites. (see
paragraph 505).
Change 9. Add a new procedure to paragraph 516, Revised or
Supplemental Environmental Impact Statement (EIS). The FAA is proposing
to add paragraph (d) that would include a procedure for circulating
status sheets or supplemental environmental information, such as
reports, on long-term or complex EISs to provide information that does
not require preparation of a supplemental EIS. The responsible FAA
official would notify EPA to ensure that the official log is accurate
and to include this information as a separate section within the Notice
of Availability (see EPA Filing system for Implementing the CEQ
Regulations, 54 FR 9593, March 7, 1989).
Change 10. Provide a new procedure for integrating Clean Water Act
section 404 permitting requirements and NEPA (see section 18, Appendix
1, Analysis of Environmental Impact Areas).
Change 11. Add new or amend existing categorical exclusions to the
Categorical Exclusion List (Figure 3-2). Categorical exclusions are
those types of Federal actions that meet the criteria contained in 40
CFR 1508.4 of the NEPA regulations promulgated by the Council on
Environmental Quality. Categorical exclusions represent actions that,
based on the FAA's past experience with similar actions, do not
normally require an EA or EIS because they do not individually or
cumulatively have a significant effect on the human environment, with
the exception of extraordinary circumstances as set forth in paragraph
304. The proposed additions and changes represent the FAA's accumulated
experience with assessment of the environmental consequences of the
indicated action. Several of the proposed amendments to existing
categorical exclusions are intended to add applicable actions of the
Associate Administrator for Commercial Space Transportation.
The proposed new or amended categorical exclusions are as follows
(the proposed new categorical exclusions and the proposed amendment of
existing categorical exclusions are shown in italics):
(1) Administrative/General Actions:
(a) Issuance of Notices to Airmen (NOTAMS), which notify pilots and
other interested parties of interim or temporary conditions. (AFS, AVN)
(b) FAA actions related to conveyance of land for airport purposes,
surplus property, and joint use arrangements that do not substantially
change the operating environment of the airport. (APP, AND, ANI, and
ASU)
(c) Mandatory actions required under any treaty or international
agreement to which the United States is a party, or required by the
decisions of international organizations or authorities in which the
United States is a member or participant except when the United States
has substantial discretion over implementation of such requirements.
(d) Agreements with foreign governments, foreign civil aviation
authorities, international organizations, or U.S. Government
departments calling for cooperative activities or the provision of
technical assistance, advice, equipment, or services to those parties,
and the implementation of such agreements; negotiations and agreements
to establish and define bilateral aviation safety relationships with
foreign governments, and the implementation of such agreements;
attendance at international conferences and the meetings of
international organizations, including participation in votes and other
similar actions.
(2) Certification Actions:
(a) Approvals of aircraft or launch vehicles and engine repairs,
parts, and alterations not affecting noise, emissions, or wastes. (All)
(3) Equipment and Instrumentation Actions:
(a) Construction of Remote Communications Outlet (RCO), or
replacement with essentially similar facilities or equipment, to
provide air-to-ground communication between pilots of general aviation
aircraft and personnel in Flight Service Stations (FSS). (AAF, AND)
(b) Establishment, installation, upgrade, or relocation within the
perimeter of an airport: airfield or approach lighting systems, such as
Runway End Identifier Lights (REIL), Omnidirectional Airport Lighting
Systems (ODALS), High Intensity Approach Lighting System With Flashers
(ALSF-2); Medium Approach Lighting System with a REIL (MALSR/SALSR);
visual approach aids, beacons, and electrical distribution systems,
such as Visual Approach Slope Indicators (VASIs) and Precision Approach
Path Indicators (PAPIs). (AAF, AND, APP, ANI)
(c) Federal financial assistance or ALP approval or FAA
installation of facilities and equipment, other than radars, within a
facility or within the perimeter of an airport or launch facility (e.g.
weather systems, navigational aids, and hygrothermometers). Weather
systems include Automated Weather Observing System (AWOS), Automatic
Surface Observation System (ASOS), Runway Visual Range (RVR), Low Level
Wind Shear Alert System (LLWAS), other essentially similar facilities
and equipment that provides for modernization or enhancement of the
service provided by these facilities. Navigational aids include
Instrument Landing System (ILS) equipment or components of ILS
equipment, other essentially similar facilities and equipment, and
equipment that provides for modernization or enhancement of the service
provided by that facility. (AAF, AUA, AND, APP)
(d) Federal financial assistance or ALP approval or FAA
installation of radar facilities and equipment, within a facility or
within the perimeter of an airport or launch facility, that conform to
the current American National Standards Institute/Institute of
Electrical and Electronic Engineers (ANSI/IEEE) guidelines for maximum
permissible exposure to electromagnetic fields. Radar facilities and
equipment include Terminal Doppler Weather Radar (TDWR), Next
Generation Weather Radar (NEXRAD), Precision Runway Monitor (PRM),
Airport Surface Detection Equipment (ASDE), Air Route Surveillance
Radar (ARSR), Airport Surveillance Radar (ASR), Air Traffic Control
Beacon (ATCB), and other essentially similar facilities and equipment.
In addition, this includes equipment that provides for modernization or
enhancement of the service provided by these facilities, such as Radar
Bright Display Equipment (RBDE) with Plan View Displays (PVD), Direct
Access Radar Channel (DARC), and a beacon system on an existing radar.
(AAF, AUA, AND, APP)
(e) Replacement of power and control cables for facilities and
equipment, such as airport lighting systems (ALS), launch facility
lighting systems, airport surveillance radar (ASR), launch facility
surveillance radar, Instrument Landing System (ILS), and Runway Visual
Range (RVR). (AAF, AND)
(f) Acquisition of security equipment required by rule or
regulation for the
[[Page 55528]]
safety or security of personnel and property on the airport or launch
facility (14 CFR part 107, Airport Security), safety equipment required
by rule or regulation for certification of an airport (14 CFR part 139,
Certification and Operation: Land Airports Serving Certain Air
Carriers) or licensing of a launch facility, or snow removal equipment.
(APP, AST)
(3) Facility Siting and Maintenance Actions:
(a) Federal financial assistance, Airport Layout Plan (ALP)
approval, or FAA installation of de-icing/anti-icing facilities that
comply with National Pollutant Discharge Elimination System (NPDES)
permits or other permits protecting the quality of receiving waters,
and for which related water detention or retention facilities are
designed not to attract hazardous wildlife, as defined in FAA Advisory
Circular 150-5200-33. (AAF, APP)
(b) Federal financial assistance, licensing, or Airport Layout Plan
(ALP) approval to build or repair an existing runway, taxiway, apron,
or loading ramp, including extension, strengthening, reconstruction,
resurfacing, marking, grooving, fillets and jet blast facilities,
provided the action will not create environmental impacts outside of an
airport or launch facility property. (APP, AST)
(c) Federal financial assistance, licensing, Airport Layout Plan
(ALP) approval, or FAA construction or limited expansion of accessory
on-site structures, including storage buildings, garages, small parking
areas, signs, fences, and other essentially similar minor airport
development items. (AAF, AND, APP, AST)
(d) Construction of Remote Transmitter/Receiver (RT/R), or other
essentially similar facilities and equipment, to supplement existing
communications channels installed in the Air Traffic Control Tower
(ATCT) or Flight Service Station (FSS). (AAF, AND)
(e) Federal financial assistance, licensing, or ALP approval for
construction or limited expansion of facilities, such as terminal
passenger handling facilities or cargo buildings, at existing
commercial service airports and launch facilities that do not
substantially expand those facilities. (All)
(f) Federal financial assistance, licensing, or FAA grading of land
or removal of obstructions on airport or launch facility property, and
erosion control measures having no impacts outside of airport property
or outside of the launch facility. (AAF, AND, APP, AST)
(g) Construction and installation, on airports or launch
facilities, of noise abatement measures, such as noise barriers to
diminish aircraft and launch vehicle engine exhaust blast or noise, and
installation of noise control materials. (All)
(h) Purchase, lease, or acquisition of three acres or less of land
with associated easements and rights-of-way for new facilities. (ASU,
AND, AAF)
(i) Federal financial assistance, Airport Layout Plan (ALP)
approval, or licensing of a new heliport on an existing airport or
launch facility that would not significantly increase noise over noise
sensitive areas. (APP, AST)
(j) Repair or replacement of underground storage tanks (UST), or
replacement of UST with above ground storage tanks at the same
location. (AAF)
(k) Maintenance of existing roads and rights-of-way, including, for
example, snow removal, landscape repair, and erosion control work.
(All)
(l) Federal financial assistance, licensing, Airport Layout Plan
(ALP) approval, or FAA action related to topping or trimming trees to
meet 14 CFR part 77 (Objects Affecting Navigable Airspace) standards
for removing obstructions which can adversely affect navigable
airspace. (All)
(m) Upgrading of building electrical systems or maintenance of
existing facilities, such as painting, replacement of siding, roof
rehabilitation, resurfacing, or reconstruction of paved areas, and
replacement of underground facilities. (AAF, AST)
(4) Procedural Actions:
(a) Actions to return all or part of special use airspace (SUA) to
the National Airspace System (NAS) (such as revocation of airspace or a
decrease in dimensions or times of use). (AAT)
(b) Designation of alert areas and controlled firing areas. (AAT)
(c) Establishment or modification of Special Use Airspace (SUA),
(e.g., restricted areas, warning areas), and military training routes
for subsonic operations that have a base altitude of 3,000 feet above
ground level (AGL), or higher. (AAT)
(d) Establishment or modification of Special Use Airspace (SUA) for
supersonic flying operations over land and above 30,000 feet mean sea
level (MSL) or over water above 10,000 feet MSL and more than 15
nautical miles from land. (AAT)
(e) Establishment of Global Positioning System (GPS), Flight
Management System (FMS), or essentially similar systems, that use
overlay of existing procedures. (AAF, AAT, AFS, AVN, AST)
(f) Establishment of new or revised air traffic control procedures
conducted at 3,000 feet or more above ground level (AGL); instrument
procedures conducted below 3,000 feet (AGL) that do not cause traffic
to be routinely routed over noise sensitive areas; modifications to
currently approved instrument procedures conducted below 3,000 feet
(AGL) that do not significantly increase noise over noise sensitive
areas; and increases in minimum altitudes and landing minima. For Air
Traffic modifications to procedures at or above 3,000 feet (AGL), the
Air Traffic Noise Screening Procedure (ATNS) should be applied. (AAT,
AFS, AVN)
(g) Establishment of procedural actions dictated by emergency
determinations. (AAT, AST)
(h) Publication of existing air traffic control procedures that do
not essentially change existing tracks, create new tracks, change
altitude, or change concentration of aircraft on these tracks. (AAT,
AFS, AVN)
(i) A short-term change in air traffic control procedures, not to
exceed six months, conducted under 3,000 feet above ground level (AGL)
to accommodate airport construction. (AAT)
(j) Tests of air traffic departure or arrival procedures conducted
under 3,000 feet above ground level (AGL), provided that: (1) the
duration of the test does not exceed six months; (2) the test is
requested by an airport or launch operator in response to mitigating
noise concerns, or initiated by the FAA for safety or efficiency of
proposed procedures; and (3) test data collected will be used to assess
operational and noise impacts of the test.
(k) Approval under 14 CFR part 161 of a restriction on the
operations of Stage 3 aircraft that does not have the potential to
significantly increase noise at the airport submitting the restriction
proposal or at other airports to which restricted aircraft may divert.
(APP)
(5) Regulatory Actions:
(a) Issuance of regulatory documents (e.g., Notices of Proposed
Rulemaking, and issuance of Final Rules) covering administrative or
procedural requirements (not including Air Traffic procedures unless
otherwise categorically excluded). (AFS, AGC)
Change 12. Add references to the use of demographic information of
the geographic area of potentially significant impacts for purposes of
anticipating and responding to public concerns about environmental
justice and children. (see paragraph 201(b) and appendix 1, section
16).
[[Page 55529]]
Change 13. Add a new subject, ``Supplemental Noise Guidance.'' to
the Noise section of Appendix 1. Supplemental noise analyses are most
often used to describe aircraft noise impacts for specific noise-
sensitive locations or situations and to assist in the public's
understanding of the noise impact. Accordingly, the description should
be tailored to enhance understanding of the pertinent facts surrounding
the changes. The FAA's selection of supplemental analyses will depend
upon the circumstances of each particular case. In some cases, this may
be accomplished with a more complete narrative description of the noise
events contributing to the yearly day/night average sound level (DNL)
contours with additional tables, charts, maps, or metrics. In other
cases, supplemental analyses may include the use of metrics other than
DNL. Use of supplemental metrics selected should fit the circumstances.
There is no single supplemental methodology that is preferable for all
situations and these metrics often do not reflect the magnitude,
duration, or frequency of the noise events under study
Change 14. Add a new appendix 4, FAA Guidance on Third-Party
Contracting, with a brief cross-reference in paragraph 204d. This
proposed appendix would provide guidance on the use of third-party
contractors in the preparation of NEPA documents consistent with 40 CFR
1506.5(c). Third-party contracting refers to the preparation of an EIS
by a contractor selected by the FAA and under contract to, and paid for
by, an applicant.
Change 15. Delete from the characteristics for extraordinary
circumstances actions that are likely to be highly controversial with
respect to the availability of adequate relocation housing. In FAA's
experience, we are not aware of any EA's required by this circumstance
alone. Rather, when this situation has occurred, it has been
accompanied by other extraordinary circumstances. Therefore, the FAA
believes this circumstance should be deleted from the list. (see
Section 304).
Change 16. Clarify that the FAA follows the guidelines of the
American National Standards Institute/Institute of Electrical and
Electronic Engineers (ANSI/IEEE) for electromagnetic radiation. (see
Appendix 1, Section 16)
In addition to requesting comments on the foregoing proposed
changes, the FAA requests general comments on the potential usefulness
of requiring NEPA documents to be prepared and submitted in electronic
form suitable for access via the Internet.
The FAA encourages full public participation during this comment
period. Comments submitted will be considered in preparing the final
Order 1050.1E.
Issued in Washington, DC on September 30, 1999.
James D. Erickson,
Director, Office of Environment and Energy.
Table of Contents
CHAPTER 1. GENERAL
Paragraph
1. Purpose
2. Distribution
3. Cancellation
4. Background
5. Explanation Of Changes
6. Policy
7. Objectives
8. Scope
9. Relation To CEQ Regulations
10. Authority To Issue Changes To This Order
11. Definitions
12.-199. Reserved
CHAPTER 2. NEPA PLANNING AND INTEGRATION
200. Introduction
201. Initial Review
202. Determination Of Federal Actions Requiring NEPA Documentation
203. Responsibilities Of The FAA And Applicants
204. Use Of Contractors
205. Applicability
206. Limitation On Actions Subject To NEPA
207. Role Of Lead And Cooperating Agencies
208. Public Involvement
209. Plain Language and Geographic Information
210. Reducing Paperwork
211. Reducing Delay
212. Intergovernmental and Interagency Coordination and Consultation
213. Roles and Responsibilities
214.-299. Reserved
CHAPTER 3. ADVISORY AND EMERGENCY ACTIONS AND CATEGORICAL EXCLUSIONS
300. Introduction
301. Advisory Actions
302. Emergency Actions
303. Categorical Exclusions
304. Extraordinary Circumstances
Figure 3-1. Categorical Exclusion Determination Process
305. Categorical Exclusion Documentation
306. Other Environmental Laws and Requirements
307.-399. Reserved
Figure 3-2. Categorical Exclusion List
CHAPTER 4. ENVIRONMENTAL ASSESSMENTS AND FINDINGS OF NO SIGNIFICANT
IMPACT
Paragraph
400. Introduction
401. Requests For FAA Action
402. Actions Normally Requiring an Environmental Assessment
403. Impact Categories
404. Environmental Assessment Process
Figure 4-1. Environmental Assessment Process
405. Environmental Assessment Format
Figure 4-2. Environmental Assessment Overview
406. Finding Of No Significant Impact
Figure 4-3. Finding Of No Significant Impact Overview
407. Monitoring Mitigation
408. Decision Documents for Findings of No Signification Impact
409. Tiering and Programmatic Environmental Assessments
410. Written Re-evaluation.
411. Revised or Supplemental Environmental Assessments or Findings
of No Significant Impact
412 Review and Adoption of Environmental Assessments Prepared by
Other Agencies
413-499. Reserved
CHAPTER 5. ENVIRONMENTAL IMPACT STATEMENTS AND RECORDS OF DECISION
500. Introduction
501. Actions Requiring Environmental Impact Statement
502. Impact Categories
503. Environmental Impact Statement Process
Figure 5-1. Environmental Impact Statement Process
504. Notice Of Intent
505. Scoping
Figure 5-2. Notice of Intent and Notice of Availability Overview
506. Environmental Impact Statement Format
507. Timing Of Actions
508. Draft Environmental Impact Statement
Figure 5-3. Environmental Impact Statement Overview
509. Review And Approval Of Final Environmental Impact Statement
510. Notice Of Availability
511. Distribution Of Approved Final Environmental Impact Statement
512. Record Of Decision
513. Tiering And Programmatic Environmental Impact Statements
514. Time Limits For NEPA Documents
Figure 5-4. Record Of Decision Overview
515. Written Reevaluation
516. Revised Or Supplemental Environmental Impact Statement
517. Referrals To Council On Environmental Quality
518. Review and Adoption of Environmental Impact Statements Prepared
By Other Agencies
519. Legislative Proposals
520. Regulations
521. Environmental Effects Of Major FAA Actions Abroad
522. Limitation On Actions Subject To NEPA
523.-599. Reserved
Appendix 1. Analysis of Environmental Impact Areas
Appendix 2. (reserved)
Appendix 3. Airports Environmental Handbook 5050.4A
Appendix 4. FAA Guidance on Third Party Contracting
Appendix 5. Council on Environmental Quality Scoping Guidance
[[Page 55530]]
Appendix 6. Department of Transportation Order DOT 5610.1C
Appendix 7. National Environmental Policy Act
Appendix 8. Regulations for Implementing the Procedural Provisions
of NEPA 40 CFR Parts 1500-1508
Appendix 9. Council on Environmental Quality Memo:
``Forty Most Asked Questions Concerning CEQ'S National
Environmental Policy Act Regulations (40 CFR 1500-1508)''
Appendix 10. Environmental Justice (Order DOT 5610.2)
Appendix 11. List of Acronyms
Appendix 12. Related Executive Orders, DOT & FAA Orders, and
Memoranda/Guidance
Chapter 1. General
1. Purpose
This order provides Federal Aviation Administration (FAA) policy
and procedures to ensure agency compliance with the requirements set
forth in the Council on Environmental Quality (CEQ) regulations for
implementing the provisions of the National Environmental Policy Act of
1969 (NEPA), 40 Code of Federal Regulations (CFR) parts 1500-1508;
Department of Transportation (DOT) Order DOT 5610.1C, Procedures for
Considering Environmental Impacts; and other related statutes, and
directives.
2. Distribution
This order is distributed to the division level in the Washington
headquarters, regions, and centers with a limited distribution to all
field offices and facilities.
3. Cancellation
Order 1050.1D, Policies and Procedures for Considering
Environmental Impacts, dated December 5, 1986, including Changes 1-4,
is cancelled.
4. Background
NEPA and its implementing regulations, promulgated by CEQ in
accordance with Executive Order (E.O.) 11514, Protection and
Enhancement of Environmental Quality, March 5, 1970, as amended by E.O.
11991 (sections 2(g) and 3(h)), May 24, 1977, establish a broad
national policy to protect the quality of the human environment, and
provide policies and goals to ensure that environmental considerations
are given careful attention and appropriate weight in all decisions of
the Federal Government. Section 101 of NEPA sets forth Federal policies
and goals to encourage productive harmony between people and their
environment. Section 102(2) provides specific direction to Federal
agencies, sometimes called ``action-forcing'' provisions (40 CFR
1500.1(a), 1500.3, and 1507) on how to implement the goals of NEPA. The
major provisions include the requirement to use a systematic,
interdisciplinary approach (section 102(2)(A)) and develop implementing
methods and procedures (section 102(2)(B)). Section 102(2)(C) requires
detailed analysis for proposed major Federal actions significantly
affecting the quality of the human environment, providing authority to
prepare environmental impact statements (EIS). Section 102(2)(E)
provides authority for preparing environmental assessments (EAs). NEPA
was enacted as Public Law (P.L.) 91-190 (January 1, 1970), which was
amended by P.L. 94-52 (July 3, 1975), P.L. 94-83 (August 9, 1975), and
P.L. 97-258, section 4(b) (Sept. 13, 1982), and codified at 42 United
States Code (U.S.C.) 4231-4347. The CEQ implementing regulations are
found at Title 40 of the Code of Federal Regulations (CFR), parts 1500-
1508 (43 FR 55978, November 29, 1978; amended 51 FR 15618, April 25,
1986). DOT's implementing requirements are prescribed under Order
5610.1C, Procedures for Considering Environmental Impacts (44 FR 56420,
October 1, 1979), and Order 5610.1, Changes 1 & 2 (July 13, 1982 and
July 30, 1985)).
This order also addresses environmental laws, regulations, and
executive orders in addition to NEPA. The environmental process
established by this order is intended to implement the objective of the
DOT and CEQ to use a single process to meet requirements for
environmental studies, consultations, and reviews to the maximum extent
possible.
5. Explanation of Changes
This order:
a. Reflects current environmental requirements.
b. Provides a procedure for program offices to adopt supplemental
guidance in consultation with the Office of Environment and Energy
(AEE) and the Office of Chief Counsel (AGC) (see paragraph 7).
c. Adds a reference in the paragraph on ``Initial Review''
(paragraph 201) and paragraph 15, Appendix 1, Analysis of Environmental
Impact Areas, to the use of demographic information of the geographic
area of potentially significant impacts for purposes of anticipating
and responding to public concerns about environmental justice and
children in accordance with E.O. 12898, Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994), the accompanying
Presidential Memorandum, DOT Strategy on Environmental Justice (60 FR
33896, June 25, 1995), DOT Order 5610.2 (62 FR 18377, April 15, 1997),
CEQ Environmental Justice: Guidance Under the National Environmental
Policy Act (December 10, 1997), EPA Guidance for Consideration of
Environmental Justice in Clean Air Act Section 309 Reviews (July 1999),
E.O. 13045, Protection of Children from Environmental Health Risks and
Safety Risks (62 FR 19885, April 23, 1997), and 40 CFR 1501.2(c),
1507.2(d), and 1508.27(b)(2) (see paragraph 200c(4) and appendix 1,
section 16).
d. Has been reorganized to place the categorical exclusions,
including new and modified categorical exclusions, for all FAA programs
in chapter 3, eliminating the separate appendixes for each program,
including the Office of Airports and the Office of Commercial Space
Transportation (see Figure 3-2, Categorical Exclusions List). For
reference, offices that originated and would normally use a categorical
exclusion are listed in parentheses following each categorical
exclusion. Additions and modifications to categorical exclusions are
identified in bold in figure 3-2.
e. Has been reorganized to place the types of actions that normally
require preparation of EAs and EISs for all programs into Chapters 4
and 5, respectively. Appendix 6, Airports, of Order 1050.1D (which
references FAA Order 5050.4A, Airport Environmental Handbook, October
8, 1985) is continued as appendix 3 of this order. Order 5050.4A will
be updated to ensure consistency with this order in consultation with
AEE (Environment and Energy Team, AEE-200) and AGC (Environmental Law
Branch, AGC-620).
f. Provides guidance for the Office of Air Traffic to accept the
U.S. Department of Defense's (DOD) use of a categorical exclusion for
actions relating to a request for designation of special use airspace
when that request is subject to a categorical exclusion under the
regulations of the requesting military department, except when FAA
actions are subject to an EA, in accordance with a Memorandum of
Understanding, dated January 26, 1998 (see paragraph 303c).
g. Adds a reference to Tribes in defining extraordinary
circumstances when actions are likely to be highly controversial on
environmental grounds based on concerns raised by a Federal, State,
Tribal, or local government agency or by a substantial number of the
persons affected by the action (see paragraph 304i); likely to violate
Tribal
[[Page 55531]]
water quality standards under the Clean Water Act and Safe Drinking
Water Act (see paragraph 304h), or air quality standards established
under the Clean Air Act Amendments of 1990 (see paragraph 304g); or
likely to be inconsistent with any Tribal law relating to environmental
aspects of the proposed action. Includes new guidance on government-to-
government consultation with Tribes, in accordance with Executive Order
13084, Consultation and Coordination with Indian Tribal Governments,
dated May 14, 1998 (63 FR 27655, May 19, 1998), and Presidential
Memorandum on Government-to-Government Relations with Native American
Tribal Governments, dated April 29, 1994 (59 FR 22951, May 4, 1994)
(see paragraph 212). Incorporates references to tribal consultation
into appendix 1, section 11 on cultural resources, in accordance with
regulations governing section 106 consultation under the National
Historic Preservation Act (36 CFR part 800) and compliance with the
Native American Graves Protection and Repatriation Act (43 CFR part
10), the American Indian Religious Freedom Act of 1978 (P.L. 95-341),
and E.O. 13007, Indian Sacred Sites (61 FR 26771, May 29, 1996).
h. Provides guidance on intergovernmental review of agency actions
that may affect State and local governments, in accordance with
Executive Order 12372, Intergovernmental Review of Federal programs
(July 14, 1982), and 49 CFR part 17, Intergovernmental Review of DOT
Programs and Activities (see paragraph 210).
i. Provides guidance for determining when it may be useful to
document that a project qualifies for categorical exclusion (see
paragraph 305).
j. Provides procedures for adopting EAs prepared by other agencies
(see paragraph 404d), as recommended by CEQ in its Memorandum: Guidance
Regarding NEPA Regulations (48 FR 34263, July 28, 1983).
k. Provides a new optional procedure for joint documents that
include both findings of no significant impact (FONSI) and decision
documents (see paragraph 408).
l. Provides a new optional procedure for preparing scoping
documents (see paragraph 505).
m. Provides a new optional procedure for publishing records of
decisions (RODs) in the Federal Register (see paragraph 512e).
n. Provides a new procedure for circulating supplemental
environmental information, such as reports, for public comment on
points of concern, regarding environmental impacts set forth in an EIS
(see paragraph 516d).
o. Provides a new procedure for integrating Clean Water Act section
404 permitting requirements and NEPA (see section 18, Appendix 1,
Analysis of Environmental Impact Areas).
p. Provides revised appendices for analyses of environmental impact
areas (appendix 1, replacing Attachment 2 of Change 4 of 1050.1D) and
third-party contracting (appendix 4).
q. Provides new appendices containing: CEQ scoping guidance
(appendix 5); CEQ's ``40 Most Asked Questions'' (appendix 9); and Order
DOT 5610.2, Environmental Justice in Low-Income Populations and
Minority Populations (appendix 10).
r. Deletes from the characteristics for extraordinary circumstances
actions that are likely to be highly controversial with respect to the
availability of adequate relocation housing. In FAA's experience, we
are not aware of any EA's required by this circumstance alone. Rather,
when this situation has occurred, it has been accompanied by other
extraordinary circumstances. Therefore, the FAA believes this
circumstance should be deleted from the list. (see Section 304).
s. Clarifies that the FAA follows the guidelines of the American
National Standards Institute/Institute of Electrical and Electronic
Engineers (ANSI/IEEE) for electromagnetic radiation. (see Appendix 1,
Section 16)
t. This order adds the following new categorical exclusions, or
modifies existing categorical exclusions previously provided in order
1050.ID: (changes are shown in italics)
(1) Administrative/General Actions
(a) Issuance of Notices to Airmen (NOTAMS), which notify pilots and
other interested parties of interim or temporary conditions. (AFS, AVN)
(b) FAA actions related to conveyance of land for airport purposes,
surplus property, and joint use arrangements that do not substantially
change the operating environment of the airport. (APP, AND, ANI, and
ASU)
(c) Mandatory actions required under any treaty or international
agreement to which the United States is a party, or required by the
decisions of international organizations or authorities in which the
United States is a member or participant except when the United States
has substantial discretion over implementation of such requirements.
(d) Agreements with foreign governments, foreign civil aviation
authorities, international organizations, or U.S. Government
departments calling for cooperative activities or the provision of
technical assistance, advice, equipment, or services to those parties,
and the implementation of such agreements; negotiations and agreements
to establish and define bilateral aviation safety relationships with
foreign governments, and the implementation of such agreements;
attendance at international conferences and the meetings of
international organizations, including participation in votes and other
similar actions.
(2) Certification Actions
(a) Approvals of aircraft or launch vehicles and engine repairs,
parts, and alterations not affecting noise, emissions, or wastes. (All)
(3) Equipment and Instrumentation Actions
(a) Construction of Remote Communications Outlet (RCO), or
replacement with essentially similar facilities or equipment, to
provide air-to-ground communication between pilots of general aviation
aircraft and personnel in Flight Service Stations (FSS). (AAF, AND)
(b) Establishment, installation, upgrade, or relocation within the
perimeter of an airport: airfield or approach lighting systems, such as
Runway End Identifier Lights (REIL), Omnidirectional Airport Lighting
Systems (ODALS), High Intensity Approach Lighting System With Flashers
(ALSF-2); Medium Approach Lighting System with a REIL (MALSR/SALSR);
visual approach aids, beacons, and electrical distribution systems,
such as Visual Approach Slope Indicators (VASIs) and Precision Approach
Path Indicators (PAPIs). (AAF, AND, APP, ANI)
(c) Federal financial assistance or ALP approval or FAA
installation of facilities and equipment, other than radars, within a
facility or within the perimeter of an airport or launch facility (e.g.
weather systems, navigational aids, and hygrothermometers). Weather
systems include Automated Weather Observing System (AWOS), Automatic
Surface Observation System (ASOS), Runway Visual Range (RVR), Low Level
Wind Shear Alert System (LLWAS), other essentially similar facilities
and equipment that provides for modernization or enhancement of the
service provided by these facilities. Navigational aids include
Instrument Landing System (ILS) equipment or components of ILS
equipment, other essentially similar facilities and equipment, and
equipment that provides for modernization or
[[Page 55532]]
enhancement of the service provided by that facility. (AAF, AUA, AND,
APP)
(d) Federal financial assistance or ALP approval or FAA
installation of radar facilities and equipment, within a facility or
within the perimeter of an airport or launch facility, that conform to
the current American National Standards Institute/Institute of
Electrical and Electronic Engineers (ANSI/IEEE) guidelines for maximum
permissible exposure to electromagnetic fields. Radar facilities and
equipment include Terminal Doppler Weather Radar (TDWR), Next
Generation Weather Radar (NEXRAD), Precision Runway Monitor (PRM),
Airport Surface Detection Equipment (ASDE), Air Route Surveillance
Radar (ARSR), Airport Surveillance Radar (ASR), Air Traffic Control
Beacon (ATCB), and other essentially similar facilities and equipment.
In addition, this includes equipment that provides for modernization or
enhancement of the service provided by these facilities, such as Radar
Bright Display Equipment (RBDE) with Plan View Displays (PVD), Direct
Access Radar Channel (DARC), and a beacon system on an existing radar.
(AAF, AUA, AND, APP)
(e) Replacement of power and control cables for facilities and
equipment, such as airport lighting systems (ALS), launch facility
lighting systems, airport surveillance radar (ASR), launch facility
surveillance radar, Instrument Landing System (ILS), and Runway Visual
Range (RVR). (AAF, AND)
(f) Acquisition of security equipment required by rule or
regulation for the safety or security of personnel and property on the
airport or launch facility (14 CFR part 107, Airport Security), safety
equipment required by rule or regulation for certification of an
airport (14 CFR part 139, Certification and Operation: Land Airports
Serving Certain Air Carriers) or licensing of a launch facility, or
snow removal equipment. (APP, AST)
(3) Facility Siting and Maintenance Actions
(a) Federal financial assistance, Airport Layout Plan (ALP)
approval, or FAA installation of de-icing/anti-icing facilities that
comply with National Pollutant Discharge Elimination System (NPDES)
permits or other permits protecting the quality of receiving waters,
and for which related water detention or retention facilities are
designed not to attract hazardous wildlife, as defined in FAA Advisory
Circular 150-5200-33. (AAF, APP)
(b) Federal financial assistance, licensing, or Airport Layout Plan
(ALP) approval to build or repair an existing runway, taxiway, apron,
or loading ramp, including extension, strengthening, reconstruction,
resurfacing, marking, grooving, fillets and jet blast facilities,
provided the action will not create environmental impacts outside of an
airport or launch facility property. (APP, AST)
(c) Federal financial assistance, licensing, Airport Layout Plan
(ALP) approval, or FAA construction or limited expansion of accessory
on-site structures, including storage buildings, garages, small parking
areas, signs, fences, and other essentially similar minor airport
development items. (AAF, AND, APP, AST)
(d) Construction of Remote Transmitter/Receiver (RT/R), or other
essentially similar facilities and equipment, to supplement existing
communications channels installed in the Air Traffic Control Tower
(ATCT) or Flight Service Station (FSS). (AAF, AND)
(e) Federal financial assistance, licensing, or ALP approval for
construction or limited expansion of facilities, such as terminal
passenger handling facilities or cargo buildings, at existing
commercial service airports and launch facilities that do not
substantially expand those facilities. (All)
(f) Federal financial assistance, licensing, or FAA grading of land
or removal of obstructions on airport or launch facility property, and
erosion control measures having no impacts outside of airport property
or outside of the launch facility. (AAF, AND, APP, AST)
(g) Construction and installation, on airports or launch
facilities, of noise abatement measures, such as noise barriers to
diminish aircraft and launch vehicle engine exhaust blast or noise, and
installation of noise control materials. (All)
(h) Purchase, lease, or acquisition of three acres or less of land
with associated easements and rights-of-way for new facilities. (ASU,
AND, AAF)
(i) Federal financial assistance, Airport Layout Plan (ALP)
approval, or licensing of a new heliport on an existing airport or
launch facility that would not significantly increase noise over noise
sensitive areas. (APP, AST)
(j) Repair or replacement of underground storage tanks (UST), or
replacement of UST with above ground storage tanks at the same
location. (AAF)
(k) Maintenance of existing roads and rights-of-way, including, for
example, snow removal, landscape repair, and erosion control work.
(All)
(l) Federal financial assistance, licensing, Airport Layout Plan
(ALP) approval, or FAA action related to topping or trimming trees to
meet 14 CFR part 77 (Objects Affecting Navigable Airspace) standards
for removing obstructions which can adversely affect navigable
airspace. (All)
(m) Upgrading of building electrical systems or maintenance of
existing facilities, such as painting, replacement of siding, roof
rehabilitation, resurfacing, or reconstruction of paved areas, and
replacement of underground facilities. (AAF, AST)
(4) Procedural Actions
(a) Actions to return all or part of special use airspace (SUA) to
the National Airspace System (NAS) (such as revocation of airspace or a
decrease in dimensions or times of use). (AAT)
(b) Designation of alert areas and controlled firing areas. (AAT)
(c) Establishment or modification of Special Use Airspace (SUA),
(e.g., restricted areas, warning areas), and military training routes
for subsonic operations that have a base altitude of 3,000 feet above
ground level (AGL), or higher. (AAT)
(d) Establishment or modification of Special Use Airspace (SUA) for
supersonic flying operations over land and above 30,000 feet mean sea
level (MSL) or over water above 10,000 feet MSL and more than 15
nautical miles from land. (AAT)
(e) Establishment of Global Positioning System (GPS), Flight
Management System (FMS), or essentially similar systems, that use
overlay of existing procedures. (AAF, AAT, AFS, AVN, AST)
(f) Establishment of new or revised air traffic control procedures
conducted at 3,000 feet or more above ground level (AGL); instrument
procedures conducted below 3,000 feet (AGL) that do not cause traffic
to be routinely routed over noise sensitive areas; modifications to
currently approved instrument procedures conducted below 3,000 feet
(AGL) that do not significantly increase noise over noise sensitive
areas; and increases in minimum altitudes and landing minima. For Air
Traffic modifications to procedures at or above 3,000 feet (AGL), the
Air Traffic Noise Screening Procedure (ATNS) should be applied. (AAT,
AFS, AVN)
(g) Establishment of procedural actions dictated by emergency
determinations. (AAT, AST)
(h) Publication of existing air traffic control procedures that do
not essentially change existing tracks, create new tracks, change
altitude, or change
[[Page 55533]]
concentration of aircraft on these tracks. (AAT, AFS, AVN)
(i) A short-term change in air traffic control procedures, not to
exceed six months, conducted under 3,000 feet above ground level (AGL)
to accommodate airport construction. (AAT)
(j) Tests of air traffic departure or arrival procedures conducted
under 3,000 feet above ground level (AGL), provided that: (1) the
duration of the test does not exceed six months; (2) the test is
requested by an airport or launch operator in response to mitigating
noise concerns, or initiated by the FAA for safety or efficiency of
proposed procedures; and (3) test data collected will be used to assess
operational and noise impacts of the test.
(k) Approval under 14 CFR part 161 of a restriction on the
operations of Stage 3 aircraft that does not have the potential to
significantly increase noise at the airport submitting the restriction
proposal or at other airports to which restricted aircraft may divert.
(APP)
(5) Regulatory Actions
(a) Issuance of regulatory documents (e.g., Notices of Proposed
Rulemaking, and issuance of Final Rules) covering administrative or
procedural requirements (not including Air Traffic procedures unless
otherwise categorically excluded). (AFS, AGC)
6. Policy
a. The FAA will comply with both the procedures and policies of
NEPA and other related environmental laws, regulations, and orders
applicable to FAA actions. This policy requires that the FAA
decisionmaking process facilitate public understanding and scrutiny by
including a consideration of the effect of a proposed action and its
alternatives on the quality of the human environment, the avoidance or
minimization of adverse effects of proposed actions, and the
restoration or enhancement of resources and environmental quality of
the nation. FAA will integrate NEPA and other environmental reviews and
consultations into agency planning processes as early as possible.
b. The environmental review process outlined in this order shall be
the focal point for assuring that NEPA and other environmental
considerations are taken into account. EISs and EAs/FONSIs document FAA
compliance with these considerations and shall reflect a thorough
review of all relevant environmental issues, using a systematic,
interdisciplinary approach.
c. Funding requirements will be justified and requested in
accordance with existing budgetary and fiscal policies. Each FAA
program office is responsible for seeking sufficient funds through the
budget process to implement provisions of this order.
7. More Detailed Guidance
a. This order sets forth policy and procedures for implementing
NEPA. All FAA offices that have issued supplemental detailed guidance
for implementing NEPA within their programs must update their orders
within a reasonable time to be consistent with this revised order.
b. A program office may develop more detailed guidance to implement
40 CFR 1507.3 if it is consistent with CEQ regulations and this order.
(1) Development of More Detailed Guidance
The program office shall consult with AEE (Environment and Energy
Team, AEE-200) and AGC (Environmental Law Branch, AGC-620) in
developing its more detailed guidance, publish notice of availability
for comment of its proposed more detailed guidance in the Federal
Register, and take other steps to seek public input during the
development of its more detailed guidance.
(2) Review
The program office shall submit its proposed more detailed guidance
to AEE (Environment and Energy Team, AEE-200) and AGC (Environmental
Law Branch, AGC-620) for a 60-day review period. If AEE-1 finds the
more detailed guidance to be consistent with this order, after joint
consultation with the AGC for legal sufficiency, AEE-200 shall notify
the program office and the program office may adopt these as its final
guidance.
(3) Notice
The program office shall notify the parties with which it has
consulted and publish notice of its final more detailed guidance in the
Federal Register.
8. Scope
a. The NEPA process addresses impacts of Federal actions on the
human environment, such as noise, socioeconomic, land uses, air
quality, and water quality. Chapter 2 of this order presents an
overview of the NEPA process and generally applicable information.
Depending upon the context and intensity of potential impacts, NEPA
procedures differ in complexity and duration. Chapter 3 of this order
addresses those types of FAA actions that do not normally require
preparation of an EA or EIS, called categorical exclusions (see figure
3-2), absent extraordinary circumstances (see paragraph 304). Chapters
4 and 5 of this order outline the processes for preparing EAs and EISs.
These procedures apply to classes of FAA actions that may have a
significant impact on the human environment. Appendix 1, Analysis of
Environmental Impact Areas, presents, for each environmental impact
category, brief descriptions of statutory and regulatory requirements
and a list of agencies of specialized expertise or legal jurisdiction.
Appendixes 3 and 4 provide additional FAA guidance on airports
environmental review, and third-party contracting. Appendixes 5-10
provide copies of NEPA, CEQ regulations, CEQ guidance, DOT NEPA
procedures, and the DOT order on environmental justice. Appendixes 11-
12 provide a list of acronyms, an annotated list of generally
applicable executive orders, DOT and FAA orders, memoranda of agreement
or understanding, and related CEQ and FAA guidance.
9. Relation to CEQ Regulations
This order implements the mandate of NEPA, as defined and
elaborated upon by CEQ's regulations, within the programs of the FAA.
The order is not a substitute for the regulations promulgated by CEQ,
rather, it supplements the CEQ regulations by applying them to FAA
programs. Therefore, all program offices and administration offices
shall comply with both the CEQ regulations and the provisions of this
order.
10. Authority To Issue Changes to This Order
a. When the Administrator has not specifically reserved authority
to make changes or updates, the Director of the Office of Environment
and Energy (AEE-1) may issue changes or updates to this order,
provided:
(1) When a change or update may affect an office or offices, AEE
will formally coordinate with that office to afford it an opportunity
to review and discuss the proposed change; and
(2) When a change or update is substantial, AEE will:
(a) formally coordinate with the Office of Chief Counsel (AGC), the
Office of the Assistant Secretary for Transportation Policy (P-1) and
the Office of the General Counsel (C-1), consult with CEQ; and then
(b) publish the proposed change or update in the Federal Register
for public comment.
b. Each program office may submit to AEE proposed modifications to
this order. For substantial changes, AEE
[[Page 55534]]
shall initiate formal coordination and consultation with AGC, P-1, C-1,
and CEQ, after which the requesting office may continue the inter-
divisional and interagency coordination and publish public notices and
requests for comment in the Federal Register, provided it informs AEE
of the proceedings. AEE may participate in the consultation at its
option. The Associate or Assistant Administrator for the requesting
office's program shall provide AEE with a memo describing the proposed
change, a summary of the basis for the change, and, for substantial
changes, comments from other program offices, AGC, P-1, C-1, CEQ, other
Federal, State, Tribal, and local agencies and the public, as well as
FAA's response. AEE will then issue change orders to this order, as
needed. For substantial changes, AEE and the requesting office shall
coordinate, to the extent possible, public notice in the Federal
Register and internal clearance of proposed change orders.
Alternatively, AEE may continue the coordination and public notice
under subparagraph a, in cooperation with the requesting office.
11. Definitions
a. The terminology used in the CEQ regulations (see 40 CFR part
1508 in appendix 8) and Title 49 of the United States Code is
applicable.
b. In addition, this paragraph defines basic NEPA and other terms
as used throughout this order, as follows:
(1) Approving Official
This is the FAA official who has the authority to approve findings
of no significant impact (FONSIs) or environmental impact statements
(EISs) (see FAA Order 1100.154A, Delegation of Authority, June 1990,
which provides delegation of authority to agency officials to sign
environmental documents).
(2) Decisionmaker
This is the FAA official who has authority to approve a record of
decision (ROD) or other types of formal decision documents for the
agency (see FAA Order 1100.154A, Delegation of Authority, June 1990,
which provides delegation of authority to agency officials to sign
environmental documents).
(3) Environmental Due Diligence Audit (EDDA)
An EDDA is a detailed assessment of past property use with respect
to storage, use, and disposal of hazardous materials. An EDDA is
prepared using historical record searches, photographic interpretation,
and site inspections to determine the likelihood of environmental
contamination prior to acquisition by, or transfer to or from, the FAA.
Where an EDDA has been determined necessary by the FAA, it will be
conducted prior to completing the NEPA document and will be
incorporated by reference (see FAA Order 1050.19, Environmental Due
Diligence Audits in the Conduct of FAA Real Property Transactions, for
further information on EDDAs).
(4) Environmental Studies
The investigation of potential environmental impacts to determine
the environmental process to be followed and to assist in the
preparation of the environmental document. (see, e.g., 23 CFR
7.107(a)).
(5) Noise Sensitive Area
An area is noise sensitive if noise interferes with normal
activities associated with its use. Noise sensitive areas are
residential, educational, health, and religious structures and sites,
and outdoor recreational, cultural, wildlife refuges, and historical
sites. For example, in the context of noise from airplanes and
helicopters, noise sensitive areas include such areas within the DNL 65
noise contour. Individual, isolated, residential structures may be
considered compatible within the 65 DNL noise contour where the primary
use of land is agricultural and adequate noise attenuation is provided.
Also, transient residential use such as motels should be considered
compatible within the 65 DNL noise contour where adequate noise
attenuation is provided. A site that is unacceptable for outside use
may be compatible for use inside of a structure, provided adequate
noise attenuation features are built into that structure. (See section
4, table 1, on land use and section 14 on noise in appendix 1and 14 CFR
part 150, Airport Noise Planning, Land Use Compatibility Guidelines).
In the context of launch vehicle operations, noise sensitive areas may
include such sites within approximately 40 miles of the launch site for
launches of very large rockets, whereas noise sensitive areas may
include such sites within approximately 2 miles of the launch site for
launches of small rockets. In the context of facilities and equipment,
such as emergency generators or explosives firing ranges, but not
including aircraft, noise sensitive areas may include such sites in the
immediate vicinity of operations, pursuant to the Noise Control Act of
1972, (See State and local ordinances, which may be used as guidelines
for evaluating noise impacts from operation of such facilities and
equipment.)
(6) Responsible FAA Official
This term refers to the FAA employee designated with overall
responsibility to furnish guidance and participate in the preparation
of NEPA documents, to evaluate the documents, and to take
responsibility for the scope and content of the documents (see FAA
Order 1100.154A, Delegation of Authority, June 1990, which provides
delegation of authority to agency officials to sign environmental
documents).
(7) Tribe
In general, the term ``Tribe'' refers to the recognized tribal
government and tribal members (as determined by each tribe) of any
tribe, band, nation, Pueblo, or other organized group or community,
including any Alaska Native Village (as defined in, or established
pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.)) that is acknowledged by the Federal government to constitute a
tribe with a government-to-government relationship with the United
States and eligible for the programs, services and other relationships
established by the United States for Indians because of their status as
Indians and tribes. Under the Federally Recognized Indian Tribe List
Act (P.L. 103-454, 25 U.S.C. 479a, note, to 479a-1), the Department of
the Interior annually publishes a list of Federally recognized tribes
in the Federal Register. The term ``tribe'' may also refer to State
recognized tribes under specific authorities for certain DOT programs,
especially related to surface transportation that may be associated
with a particular FAA project.
12.-199. Reserved
Chapter 2. NEPA Planning and Integration
200. Introduction
a. By providing a means for assuring informed decisionmaking, NEPA
compliance is an integral component of the FAA's comprehensive
environmental responsibilities that enable FAA to carry out its primary
mission of assuring aviation safety, security, and efficiency. NEPA
provides a means for assuring that environmental concerns and interests
of the public and other Federal, State, Tribal, or local agencies are
appropriately considered as part of the decisionmaking process. NEPA
also provides a means for efficiently complying with related statutes,
orders, and regulations. Effective, efficient, and timely
[[Page 55535]]
environmental analyses, public involvement, and interagency and
intergovernmental coordination depend upon determining the appropriate
level of review early in planning, budgeting, and scheduling.
b. In accordance with NEPA, environmental issues shall be
identified and considered early in an action's planning process, using
a systematic, interdisciplinary approach and appropriate community
involvement and interagency and intergovernmental coordination to
expand the potential sources of information or identify areas of
concern regarding the proposed action. Environmental permits and other
forms of approval, concurrence, or consultation may be required, often
from other agencies. Applicable permit application and other review
processes should be included in the planning process to ensure that
necessary supporting information is collected and provided to the
permitting or reviewing agencies in a timely manner, especially if
applicable laws, regulations, or executive orders specify timeframes
for these processes.
c. By conducting the NEPA review at the earliest possible time in
the planning and decisionmaking process, the responsible FAA official
can use the NEPA process most effectively as an umbrella process or
vehicle for giving appropriate consideration to specific environmental
concerns by:
(1) Describing the purpose and need for the proposed action.
(2) Identifying reasonable alternatives (must include no action).
(3) Rigorously analyzing the reasonably foreseeable direct,
indirect, and cumulative environmental impacts of those alternatives,
and of nearby activities.
(4) Providing the basis for public disclosure and comment, and a
mechanism for responding to public comments.
(5) Providing the basis for informed selection of the preferred
alternative.
(6) Evaluating measures to mitigate adverse effects of the
preferred alternative and ensuring that these measures are implemented.
(7) Facilitating compliance with applicable environmental laws,
regulations, and executive orders.
d. This chapter guides the responsible FAA official, approving
official, and decisionmaker in starting the NEPA process by determining
the following:
(1) Whether an action requires an EA or an EIS.
(2) Whether the FAA is the lead Federal agency for the NEPA
process.
(3) Which FAA office is responsible for NEPA compliance, including
preparing environmental analyses and documents, ensuring public
involvement, and completing interagency and intergovernmental
coordination and consultation
201. Initial Review
a. The responsible FAA official should initially review whether the
proposed action:
(1) could significantly affect the quality of the human
environment, for example, with respect to noise, land, air quality,
water quality, wildlife, energy supply and natural resources, or
historic or archeological resources;
(2) would be located in wetlands, floodplains, coastal zones,
prime, unique or state or local important farmlands, habitat of
Federally listed endangered or threatened species or affected wildlife,
wild and scenic river areas, or areas protected under DOT section 4(f);
or
(3) would be highly controversial on environmental grounds (40 CFR
1508.27(b)(4)).
b. Based on the initial environmental review, the responsible FAA
official shall identify issues and problems having potentially
significant environmental impacts. Further, the responsible FAA
official shall determine whether such issues and problems, as they
pertain to the proposed action, have been previously addressed in a
broad system, program, or regional assessment (see paragraphs on
tiering in chapters 3 and 4). Consideration should be given to the
existence of minority populations, low-income populations, and children
in the geographic area of potentially significant impacts. The
responsible FAA official can then decide which type of analysis and
documentation, and what extent of public involvement and interagency
and intergovernmental coordination and consultation, are appropriate.
c. When appropriate, the responsible FAA official should provide
pertinent information to the affected community and agencies and
consider their opinions at the earliest formative stage of the action
and early in the process of preparing NEPA documentation. The extent of
early coordination will depend on the complexity, sensitivity, degree
of Federal involvement, and anticipated environmental impacts of the
proposed action. Comments received during early coordination on
environmental impacts of proposed actions shall be considered, as
appropriate, in determining whether an EA, FONSI, or EIS is required
(see also paragraph 207 on lead and cooperating agencies, paragraph 208
on public involvement, paragraph 209 on plain language and geographic
information, paragraph 210 on reducing paperwork, paragraph 211 on
reducing delay, paragraph 212 on interagency and intergovernmental
coordination, and appendix 1 on specific requirements for interagency
coordination and consultation and public notice and comment under other
environmental laws, regulations, and executive orders.)
202. Determination of Federal Actions Requiring Preparation of an EA or
an EIS
The three major levels of NEPA review are categorical exclusions
and extraordinary circumstances, environmental assessments (EA), and
environmental impact statements (EIS).
a. The first analytical step is to determine whether the proposed
action is an advisory action, an emergency action, or a categorical
exclusion. If an action is advisory, it is not subject to NEPA review.
If an action is an emergency action, and not categorically excluded,
then the provisions in Chapter 3, Advisory and Emergency Actions and
Categorical Exclusions, for implementing NEPA in the context of an
emergency apply. If an action is included in one of the categories in
Figure 3-2, Categorical Exclusion List, and no extraordinary
circumstances (see paragraph 304) apply to the proposed action, the FAA
can take action without further environmental review. (See appendix 1
for associated findings and determinations which may need to be made,
and, in certain situations, in consultation with relevant oversight
agencies, under special purpose statutes, regulations, and executive
orders.)
b. For proposed actions subject to NEPA that do not qualify for
categorical exclusion, an EA or an EIS is required. The purpose of an
EA is to inform decisionmaking generally or to determine whether a
proposed action or its alternatives has the potential to significantly
affect the environment. If the FAA has decided to prepare an EIS, it
does not need to prepare an EA. If the EA indicates no significant
impacts from the proposed action, a FONSI is prepared. The FONSI is a
determination that the action lacks potentially significant
environmental impacts and does not represent the agency's decision to
implement the proposed action. The FONSI may be incorporated, along
with other required findings, a description of the proposed action, the
place and time of implementation, and the point of contact for
additional information, into the agency's decision document, sometimes
called a Record of Decision or FONSI/ROD. A formal decision document
after a FONSI is optional
[[Page 55536]]
because the agency's decision to act may be evidenced by other
documents such as rules, licenses, or approvals. The FONSI and other
findings, however, must be documented in the project file.
c. For proposed actions that include mitigation measures to avoid,
eliminate, or reduce anticipated significant impacts below applicable
significance thresholds, a FONSI must be prepared and include
appropriate mitigation commitments. A formal decision document after a
FONSI is issued, sometimes called a Record of Decision or FONSI/ROD, is
optional because the agency's decision to act may be evidenced by other
documents such as rules, licenses, or approvals. The FONSI with the
appropriate mitigation commitments, and other required findings,
however, must be documented in the project file.
d. If the EA indicates that potentially significant environmental
impacts may result from the proposed action, an EIS is required to
proceed. An EIS provides additional, detailed evaluations of the
proposed action and its alternatives, including the No Action
alternative. Where the FAA anticipates that significant effects would
result, a decision can be made to prepare an EIS without first
developing an EA. No sooner than 30 days after the final EIS has been
prepared and the FAA approving official has approved the document, the
responsible FAA official may prepare a ROD for the signature of the
appropriate decisionmaker. The ROD presents the agency's official
decision on the proposed action and identifies any mitigation and
monitoring measures.
e. When an application or request is received that requires FAA
approval or implementation, environmental analysis may be required. The
responsible FAA official may require the applicant or other interested
parties to provide sufficient environmental information or analysis to
ensure the environmental analysis meets the requirements of this order.
In such cases, the responsible FAA official will recommend deferring
final action pending receipt of the necessary information or
environmental studies from the applicant. Upon receipt of the
additional information or environmental studies, the responsible FAA
official will determine if the information is sufficient to proceed.
FAA may request that the applicant prepare the EA.
203. Responsibilities of the FAA and Applicants
a. The provisions of this order and the CEQ regulations apply to
actions directly undertaken by the FAA and where the FAA has sufficient
control and responsibility to condition the license or project approval
of a non-Federal entity.
b. Where actions are directly undertaken by FAA, the FAA may
prepare EAs and EISs, or use contractors in accordance with paragraph
204a.
c. Applicants may prepare EAs. In all other cases, the role of the
applicant is limited to providing environmental studies and
information. Applicants may fund the preparation of EISs through third-
party contracting (see paragraph 204 and appendix 4).
d. For projects directly undertaken by Federal agencies and
requiring an EIS, the statement shall be prepared at the feasibility
analysis stage, and may be supplemented at a later stage. For
applications to the FAA requiring an EA or EIS, the EA or EIS shall be
commenced no later than immediately after the application is received.
204. Use of Contractors
a. Contractor consulting services may be used to prepare EAs and
EISs. Contractors also may be used to prepare background or
supplemental material and otherwise assist in preparing draft or final
environmental documents for which the FAA takes responsibility. When
contractors prepare EAs and EISs for the FAA, they must comply with the
provisions of this order.
b. The responsible FAA official has overall responsibility for
furnishing guidance on, participating in the preparation of, and
independently evaluating the environmental document, taking
responsibility for scope and content, including computer modeling.
Duties of the responsible FAA official may be delegated typically to an
environmental specialist, including the authority to sign FONSIs, but
not the authority to approve EISs. The agency official authorized to
approve FONSIs and EISs is called the approving official. The agency
official authorized to approve a record of decision (ROD) based on
review of an EIS and formal decision documents to proceed with the
action based on review of the EA/FONSI is called the decisionmaker.
(See paragraph 11, Definitions.)
c. In some circumstances, a procurement request may be needed to
obtain consultant services to perform environmental analyses. FAA
procurements for an EA and final design work must be separate to avoid
a conflict of interest; however, an EA and preliminary design work may
be combined provided the design work is of a generic nature, i.e., not
site specific.
d. When an EIS is required, the lead Federal agency is required to
select the contractor, who will assist the lead agency in preparing the
EIS. (See 40 CFR 1506.5(c) and Appendix 4, FAA Guidance on Third-Party
Contracting). If these procedures are not followed in preparing an EA,
and the EA results in a decision to prepare an EIS, delay may occur,
associated with selecting the contractor in accordance with this
paragraph and appendix 4.
e. When a contractor prepares an EIS, the FAA requires the
contractor to execute a disclosure statement prepared by the lead
agency, or when appropriate, by the cooperating agency (for its portion
of the EIS), specifying that the contractor has no financial or other
interest in the outcome of the action (see 40 CFR 1506.5(c)).
205. Applicability
This order is effective immediately upon signature, with the
following exception. This order does not apply to decisions made and
final environmental documents issued prior to the effective date of
this order.
206. Special Instructions
For actions subject to NEPA, the responsible FAA official should
not take any action or make any irretrievable and irreversible
commitments of resources until appropriate environmental review has
been completed that meets the requirements of this order (see 40 CFR
1502.2(f) and 1502.4(c)(3)).
a. Requirements that apply to EISs may also be considered in
preparing EAs.
b. Land acquisition and facility construction.
(1) Unless the acquisition of land is inextricable from the
proposed project, that is, part of one continuous project leading
inevitably and inexorably to the proposed Federal action, transfer of
title or other interests in real property, including land, is not a
major Federal action significantly impacting the environment or an
irretrievable commitment of resources under NEPA. In some situations,
it may not be appropriate to begin negotiations for the land
acquisition before completing the environmental impact analysis and
documentation. In other situations, it may not be possible to obtain
some necessary information to complete the environmental review until
after the property has been acquired, in which case, the responsible
FAA official must decide whether to proceed with the property
acquisition contingent upon obtaining the necessary information, and at
the risk of FAA not approving a decision to proceed with the proposed
action at the particular site.
[[Page 55537]]
(2) The responsible FAA official will review a proposed action by
an applicant that has acquired land or constructed a facility for
operation by FAA, but without prior approval by FAA, to determine
whether the action was consistent with the policies of this order and
has not limited full and objective consideration of alternatives.
c. The responsible FAA official will give particular attention to
its responsibilities under DOT section 4(f) to insure that a special
effort is made to preserve the natural beauty of countryside, public
parks, and recreation lands, wildlife and waterfowl refuges, wild and
scenic rivers or study rivers, and historic sites. FAA will not approve
actions requiring the use of DOT section 4(f) properties unless there
is no feasible and prudent alternative and the program includes all
possible planning to minimize harm.
d. The responsible FAA official also will give particular attention
to actions involving properties included in or eligible for inclusion
in the National Register of Historic Places and the provisions of Title
VI of the Civil Rights Act of 1964 and the Uniform Relocation
Assistance and Real Properties Acquisition Policies Act of 1970.
207. Role of Lead and Cooperating Agencies
Section 1501.5 of the CEQ regulations describes the role of the
lead agency in preparing EISs when more than one agency is involved in
a proposed action. Section 1501.6 describes the relationship of the
lead agency with cooperating agencies. Sections 1501.7 and 1501.8
describe the role of the lead agency in the scoping process and in
setting time limits.
a. Lead agencies may ask Federal agencies with special expertise or
jurisdiction by law to be cooperating agencies.
b. The definition of a cooperating agency in 40 CFR 1508.5 also
includes any ``State or local agency of similar qualifications [i.e.,
with jurisdiction by law or special expertise with respect to any
environmental impact involved in a proposal] or, when the effects are
on a reservation, a Native American Tribe, may by agreement with the
lead agency become a cooperating agency.'' For further guidance, see
CEQ Memorandum on Designation of Non-Federal Agencies to be Cooperating
Agencies in Implementing the Procedural Requirements of the National
Environmental Policy Act (July 28, 1999).
c. See also Memorandum of Understanding Between the FAA and the
Department of Defense (November 1989) regarding NEPA compliance for
special use airspace designations, available from the Environmental
Programs Division of the FAA Office of Air Traffic Airspace Management,
and Memorandum of Agreement Among Department of Defense, Federal
Aviation Administration and National Aeronautics and Space
Administration on Federal Interaction with Launch Site Operators
(August 21, 1997), available from the Space Systems Development
Division of the FAA Office for Commercial Space Transportation.
208. Public Involvement
a. Public involvement shall be initiated as early as possible and
continued throughout the development of the proposed action in
accordance with the FAA Community Involvement Policy Statement, dated
April 17, 1995, and 40 CFR 1500.2(d) to obtain meaningful public input
(see also paragraph 201c). Public involvement may be appropriate in
defining the scope of work of a NEPA document developed by the FAA or
the consultant the FAA selects. It may also be appropriate in defining
the scope of work for an EA to be prepared by an applicant for grants-
in-aid or an FAA approval or license. Comments from individuals and
groups will be considered, as appropriate, in preparing an EA and FONSI
or EIS. A summary of public involvement and the environmental issues
raised shall be documented in the EA or EIS. Additional information on
public involvement can be found in FAA's ``Community Involvement
Manual,'' FAA-EE-90-03 (August 1990), and Community Involvement Policy
Statement (April 1995), which may be obtained from the Office of
Environment and Energy, and 40 CFR 1506.6. Other laws, regulations, and
executive orders have specific requirements for public involvement,
including but not limited to during rulemaking affecting children's
environmental health risks under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks, dated April 21, 1997
(62 FR 19885, April 23, 1997). See also recommendations for public
involvement, including documentation of public involvement activities,
related to implementing E.O. 12898 on environmental justice and the
accompanying Presidential Memorandum of February 11, 1994 can be found
in the Department of Transportation Strategy on Environmental Justice
(60 FR 33896, June 25, 1995), Order DOT 5610.2, Environmental Justice
in Minority Populations and Low-Income Populations (62 FR 18377, April
15, 1997), EPA Guidance for Consideration of Environmental Justice in
Clean Air Act Section 309 Reviews (July 1999), and CEQ Environmental
Justice: Guidance Under the National Environmental Policy Act (December
10, 1997).
b. The responsible FAA official shall:
(1) Make efforts to solicit from and provide appropriate
information to the public.
(2) Inform those persons and agencies who may be interested or
affected by providing full and fair discussion of environmental
effects.
(3) Provide timely public notice of scoping meetings, public
hearings, workshops, and availability of environmental documents (e.g.,
NOI (Notice of Intent) to prepare and Notice of Availability of
environmental documents).
c. If permits, licenses, or other forms of review and approval
requiring public involvement are applicable, such as under sections 106
and 110 of the National Historic Preservation Act, section 7 of the
Endangered Species Act, section 404 of the Clean Water Act, E.O. 11988,
Wetlands, E.O. 11990, Floodplains, section 176(c) of the Clean Air Act,
and other air, water, and solid waste permits, and clean-up activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act, then the responsible FAA official is encouraged to work
cooperatively with the other agencies to combine public involvement
activities and documents wherever possible and appropriate to integrate
the NEPA and applicable permitting and other review processes in
accordance with 40 CFR 1500.2(c), 1500.4(k) and (n), and 1500.5.
d. Public hearings. Hearings are lead by a public hearing officer.
Agency staff help disseminate information, particularly when a public
hearing is combined with an open house. For additional information
about the public hearings and meetings, consult with the Office of
Environment and Energy. See also, chapter 6 of FAA's Community
Involvement Manual (August 1990) and chapter 2 of DOT and the Federal
Highway Administration's (FHWA) Public Involvement Techniques for
Transportation Decision-making (September 1996).
(1) The following elements are to be considered in deciding whether
a public hearing is appropriate in cases where it is not statutorily
mandated.
(a) The magnitude of the proposed action in terms of environmental
impact or controversy, economic costs, the size and location of the
geographic area
[[Page 55538]]
involved, and the uniqueness or amount of the resources to be
committed.
(b) The degree of interest in the proposed action, as evidenced by
requests from the public of Federal, Tribal, State, and local
authorities that a public hearing be held.
(c) The complexity of the issues and the likelihood that
information presented at the hearing will be of assistance to the
agency in fulfilling its responsibilities.
(d) The extent to which public involvement already has been
achieved through other means, such as earlier public hearings, meetings
with citizen representatives, or written comments on the proposed
action.
(2) The following shall be included in the notice for a public
hearing:
(a) A description of the proposed action.
(b) The scheduling of the public hearing (time, date, and place).
(c) The availability and location of a DEIS, FONSI, or EA.
(3) Notice of the public hearing shall be in an areawide or local
newspaper of general circulation. CEQ section 1506.6 states that, ``In
all cases the agency shall mail notice to those who have requested it
on an individual action. In the case of an action with effects of
national concern notice shall include publication in the Federal
Register and notice by mail to national organizations reasonably
expected to be interested in the matter * * *.''
(4) A draft EIS, FONSI, or EA shall be available to the public at
least 30 days prior to the public hearing.
(5) For FAA hearings, the responsible official may assign program
officers the responsibility for convening a hearing and serving as
hearing officer.
(6) Records of public hearings will be maintained in the docket of
the Chief Counsel's office.
209. Plain Language and Geographic Information
40 CFR 1500.4(d), 1502.1, 1502.2(c), and 1502.8, Order DOT 5610.1C,
paragraph 14, and the Executive Orders on environmental justice and
intergovernmental consultation encourage the availability of
information to the public in a manner that will facilitate public
involvement in decisions affecting the human environment. The following
executive orders also apply:
a. Executive Order 12906, Coordinating Geographic Data Acquisition
and Access: The National Spatial Data Infrastructure, April 11, 1994,
requires studies and geospatial data collected in the course of
preparing an EA or EIS to conform to quality standards established
through the intergovernmental coordinating mechanism provided for in
the executive order, and chaired by the Federal Geographic Data
Committee. For additional information, contact the Office of
Environment and Energy.
b. Executive Order 12866, Regulatory Planning Review, and the
Presidential Memorandum on Plain Language in Government Writing, dated
June 10, 1998 (63 FR 31885, June 10, 1998), requires all Federal
agencies to use plain language in all proposed and final rulemaking
documents published in the Federal Register and in government documents
generally.
210. Reducing Paperwork
The CEQ regulations (40 CFR 1500.4) encourage the reduction of
paperwork while still demonstrating in the administrative record that
the agency has met the requirements of NEPA and other applicable
environmental laws, regulations, and executive orders.
a. The responsible FAA official should integrate NEPA requirements
and other applicable environmental reviews and consultation
requirements (40 CFR 1500.4(k)).
b. The responsible FAA official should refer to appendixes 1 and 12
for an overview of analyses required under other applicable
environmental laws, regulations, and executive orders.
c. CEQ regulations also encourage joint preparation of NEPA
documents so that each agency may adopt appropriate documents prepared
by another agency (40 CFR 1506.3).
d. Relevant information may be incorporated by reference if the
effect will be to reduce bulk without hindering agency and public
review. The information must be briefly described, properly cited, and
reasonably available for inspection by potentially interested persons
within the time allowed for comment. (See 40 CFR 1502.21).
211. Reducing Delay
CEQ regulations encourage the reduction of delay while allowing for
public involvement and interagency and intergovernmental consultation.
a. To reduce delay, the responsible FAA official should integrate
NEPA requirements, and those of associated permitting and review
processes, with the agency's planning and decisionmaking process for
the project as early as possible.
b. The responsible FAA official should, where appropriate, use
tiering for EISs (40 CFR 1502.20):
(1) A broad or programmatic impact statement may be used to
consider similar actions.
(2) A phased approach may be used to focus on issues ripe for
decision at each level of environmental review, while summarizing
previously discussed issues and disclosing reasonably foreseeable
actions. Tiering may also be used in preparing EAs.
c. The responsible FAA official should refer to appendixes 1 and 12
for an overview of requirements under other applicable environmental
laws, regulations, and executive orders, identify the information and
time required by the oversight agencies to complete their review and,
where applicable, jointly prepare or adopt the FAA's EA or EIS to meet
their own NEPA requirements (see 40 CFR 1500.5(g) and (h) and 1506.2)).
d. The responsible FAA official should identify any need for
additional studies or documentation.
212. Intergovernmental and Interagency Coordination and Consultation
a. The responsible FAA official should consult affected local units
of government, and pertinent Federal, State agencies, and Tribal
governments early in the NEPA process (see also paragraph 201c).
Comments on the environmental impacts of the proposed action shall be
considered, as appropriate, in determining whether the proposed action
requires an EA/FONSI or EIS and in preparing the EA/FONSI or EIS. See
specific requirements for coordination and consultation, which may
apply under other environmental laws, regulations, and executive
orders. Environmental permits and other forms of approval, concurrence,
or consultation may be required from other agencies. Applicable permit
application and other review processes should be included in the
planning process to ensure that the necessary supporting information is
collected and provided to the permitting or reviewing agencies in a
timely manner, especially if the applicable laws, regulations, or
executive orders specify timeframes for these processes.
b. The following executive orders also apply generally:
(1) State and Local Governments
In accordance with Executive Order 12372, Intergovernmental Review
of Federal Programs, dated July 14, 1982 (as supplemented by Executive
Order 13132, Federalism, dated August 4, 1999 (64 FR 43255, August 10,
1999)), and 49 CFR part 17, Intergovernmental Review of DOT Programs
and Activities, the responsible FAA official shall
[[Page 55539]]
provide the opportunity for State and local officials to review and
comment on Federal actions for Federal assistance or actions affecting
them. A few States have established a point of contact, often within
the governor's office, to coordinate comments by State agencies.
Otherwise, the responsible FAA official should contact appropriate
State agencies directly. Please refer to the Council of State
Governments' directories and webpage (www.statesnews.org, which, as
currently organized, includes under ``other resources'' links to
``State pages'') to identify appropriate State agencies. See also
specific requirements for consultation with State and local governments
in Appendix 1, Analysis of Environmental Impact Areas.
(2) Tribal Governments
In accordance with Executive Order 13084, Consultation and
Coordination with Indian Tribal Governments, May 14, 1998 (63 FR 27655,
May 19, 1998), the responsible FAA official must consult in a timely
and meaningful manner with Tribal governments in formulating policies,
including regulatory policies, significantly or uniquely affecting
tribal governments and be guided, to the extent permitted by law, by
principles of respect for Indian tribal self-government and
sovereignty, for Tribal treaty and other rights, and for
responsibilities that arise from the unique legal relationship between
the Federal Government and Indian Tribal governments. The Presidential
Memorandum on Government-to-Government Relations with Native American
Tribal Governments, dated April 29, 1994 (59 FR 22951, May 4, 1994),
outlines principles for government-to-government consultation with
Indian Tribal governments. The Office of Management and Budget's
Memoranda M-95-09 (March 31, 1995) and M-95-20 (September 21, 1995)
provide additional information on principles of government-to-
government consultation. Consultation should be initiated with the
recognized leader of the Tribal government and by the appropriate
agency official and advice sought on how to proceed with consultation
based on tribal culture and organization. See also specific
requirements for consultation with tribal governments in Appendix 1,
Analysis of Environmental Impact Areas. Sources of information for
addresses to contact Tribal governments include, for example, Tiller's
Guide to Indian Country (1996: BowArrow Publishing Company,
Albuquerque, New Mexico), State Historic Preservation Offices, the
Bureau of Indian Affairs, and the FAA Federal Historic Preservation
Officer.
(3) Foreign Governments
In accordance with Executive Order 12114, Environmental Effects
Abroad of Major Federal Actions, dated January 4, 1979 (44 FR 18722,
March 29, 1979), specific treaties, and DOT Order 5610.1C, paragraph
16, the responsible FAA official should consult with the Office of
Environment and Energy and P-1, to initiate consultation with foreign
governments for proposed actions outside the United States, its
territories, and possessions that have the potential to significantly
affect the global commons or the environment of other nations.
c. The responsible FAA official should refer to relevant
interagency memoranda of agreement and understanding. (See also
Appendix 1, Analysis of Environmental Impact Areas; Appendix 12,
Related Executive Orders, DOT & FAA Orders, and Memoranda/Guidance; and
contact the Environment, Energy and Employee Safety Division (AEE-200)
or the Environmental Branch (AGC-620) of the Office of Chief Counsel
for information on the status of this and other interagency memoranda).
d. Various laws, regulations, executive orders, and departmental
orders establish interagency coordinating mechanisms, e.g., related to
invasive species, coral reefs, and children's environmental health
risks. The responsible FAA official should review Appendix 1, Analysis
of Environmental Impact Areas, and contact the Environment, Energy and
Employee Safety Division (AEE-200) or the Environmental Branch (AGC-
620) of the Office of Chief Counsel for more specific information.
e. In accordance with 40 CFR 1503.2, when FAA is invited to comment
or is a cooperating agency because it has jurisdiction by law or
special expertise with respect to any environmental impact involved or
is authorized to develop and enforce environmental standards, the
responsible FAA official shall, if it is satisfied that its views are
adequately reflected in the environmental document, reply that it has
no comment. If the responsible FAA official or the Office of
Environment and Energy prepares comments, the comments should be as
timely and specific as possible, indicating what additional information
it needs to fulfill other applicable environmental reviews or
consultation requirements, and, if it objects or expresses a
reservation about the proposed action based on potential environmental
impacts, what mitigation measures it considers necessary to allow the
program office to grant or approve applicable permit, license, or
related requirements or concurrences.
213. Roles and Responsibilities
The roles and responsibilities of the offices, services, regions,
and centers in the FAA for complying with this order are described
below. Responsibilities may be delegated in accordance with appropriate
FAA orders, such as Order 1100.154A, Delegations of Authority.
a. Assistant Administrator for Region and Center Operations (ARC)
is responsible for overseeing Regional Administrators and the Director
of the Mike Monroney Aeronautical Center, or designee, who are
responsible for coordinating cross-divisional and cross-regional
environmental matters and for overseeing regional environmental
activities.
b. Associate Administrator for Airports (ARP) is responsible for
considering the environmental impacts of proposed FAA approvals of
airport layout plans and FAA-funded airport actions to assure
compliance with NEPA requirements and other Federal and Departmental
environmental laws, regulations, and orders. Airports personnel shall
comply with the NEPA requirements in the most current versions of FAA
Order 5050.4. ARP's Office of Airport Planning and Programming,
Community and Environmental Needs Division, APP-600, provides guidance
to Regional and District Airports personnel concerning Federal,
Departmental, and agency environmental policy regarding airport
development actions.
c. Assistant Administrator for Policy, Planning, and International
Aviation (API) is responsible for providing policy guidance to the
agency on implementing a wide range of environmental laws and
regulations. The Office of Environment and Energy (AEE) provides policy
oversight on FAA environmental actions; issues regulations for aircraft
noise and emissions under 14 CFR parts 34 and 36; provides assistance
as necessary in developing guidelines and procedures for FAA program
areas; serves as the designated FAA NEPA liaison in accordance with 40
CFR 1507.2 ``to be responsible for overall review of agency NEPA
compliance'' and Federal Preservation Officer in accordance with
section 110 of the National Historic Preservation Act; interprets
policies established in this order; provides assistance with
computerized environmental tools, such as the ``Integrated Noise
Modeling'' (INM) for aircraft noise and the
[[Page 55540]]
``Emissions Dispersion Modeling System'' (EDMS) for air quality; and
provides advice to and supplements NEPA training programs in
cooperation with the Office of Learning and Development and other
applicable organizational elements.
d. Office of the Chief Counsel (AGC) is responsible for providing
legal advice on NEPA compliance and legal requirements. AGC reviews
section 4(f) on FEIS's; counsels and assists headquarters staff in
accomplishing FAA environmental actions, and advises on the legal
sufficiency of environmental documents. Regional Counsel and Center
Counsel are responsible for providing legal counsel, assistance, and
review in the conduct of regional environmental activities related to
FAA environmental actions and in advising on the legal sufficiency of
regional and center environmental documents.
e. Associate Administrator for Air Traffic Services (ATS) is
responsible for evaluating the environmental impacts for all actions
arising out of ATS responsibilities that require NEPA compliance.
(1) Air Traffic Service (AAT) is responsible for ensuring that the
appropriate NEPA documentation is prepared for all air traffic actions
originating in their region. The division manager or designee ensures
that the depth of environmental study appropriate for a proposed action
has been determined, and that the required documentation is prepared in
a complete and timely manner. AAT's headquarters office, which
originates a proposed system-wide action, is responsible for preparing
the associated EA, FONSI, EIS, or ROD. Input may be requested from
regional offices and field facilities for an action originating within
headquarters.
(2) Airway Facilities Service (AAF) is responsible for considering
the environmental impacts of the acquisition, management, and
disposition of facilities and equipment (F&E). These are usually of
local nature in the region. The regional division manager is
responsible for site-specific NEPA processing and preparing documents
for modifying, expanding, or upgrading existing facilities and
supporting land acquisition and construction design documents that are
required by the regional Logistics Division (also see paragraph 210g(1)
below). In addition, Airway Facilities Service is responsible for being
the agency's program manager for non-Federal facility actions (see 14
CFR part 171, Non-Federal Navigation Facilities). An example of such an
action is a request from a non-Federal sponsor to change a VOR
procedure.
(3) Aviation System Standards (AVN) is responsible for complying
with FAA requirements under the aircraft program and maintenance of
agency aircraft. The National Flight Procedures Office or designee is
responsible for ensuring that environmental factors are considered for
all its instrument procedures that require NEPA compliance.
f. Associate Administrator for Commercial Space Transportation
(AST) is responsible for considering the environmental impacts of
commercial launch activities. The FAA is authorized to regulate and
license U.S. commercial launch and re-entry activities and as such, AST
is responsible for ensuring that launch services provided by private
enterprises are consistent with national security and foreign policy
interests of the United States and do not jeopardize public safety and
the safety of property. AST's authority extends to licensing of
commercial launch vehicles (LVs) and is considered to be a major
Federal action subject to NEPA requirements. Launch and re-entry
licenses also identify the requirement for the proper oversight and
control of launch activities. AST issues launch and re-entry specific
and launch and re-entry site operators licenses.
g. Associate Administrator for Regulation and Certification (AVR)
is responsible for ensuring that environmental factors are considered
for all actions arising out of AVR responsibilities that require NEPA
compliance.
(1) The preparation of required environmental analysis within AVR
is delegated, as appropriate, to the Flight Standards Service, Aircraft
Certification Service, regional Flight Standards Service division
managers, and Aircraft Certification Directorate managers.
(2) Normally, the district or field office responsible for the
action is responsible for the environmental assessment (EA). Regional
division managers and staff will assist and monitor district and field
offices activities in the preparation of EAs. Regional Flight Standards
division managers and directorate managers are responsible for
coordination of actions involving environmental documents which cross
organizational lines within AVR and with other FAA organizations. The
headquarters divisions, with assistance from the regions, will develop
and coordinate findings of no significant impact (FONSI).
(3) Documentation, including the analysis of environmental factors,
shall be retained in the project folder to substantiate the EA.
(4) An EA or EIS pertaining to a regulatory action shall be
prepared for the signature of the appropriate Service Director. Prior
coordination and concurrence is required from the Office of the Chief
Counsel (AGC) and the Office of Rulemaking (ARM), for any EA or EIS
pertaining to a regulatory action.
h. Associate Administrator for Research and Acquisitions (ARA) is
responsible for ensuring that environmental factors are considered for
all actions arising out of ARA responsibilities that require NEPA
compliance.
(1) Office of Communications, Navigation, and Surveillance Systems
(AND) is responsible for preparing EAs or EISs for broad actions
(programmatic EAs or EISs) to consider the environmental impacts of
fielding systems. AND preparation of programmatic EISs is selective and
will be decided on a program-by-program basis. Subsequent, related
site-specific environmental documents may tier upon these EISs.
Regional Airway Facilities divisions are responsible for site-specific
NEPA processing and preparing documents for modifying, expanding, or
upgrading existing facilities. AND will provide guidance and oversight.
Regional Airway Facilities Divisions are usually responsible for
processing and preparing all site-specific NEPA documents for new
systems; however, upon agreement, AND will share this responsibility.
(2) Office of Acquisitions (ASU) is responsible for considering
environmental impacts of policy and procedures for the acquisition,
management, and disposal of land. The regional Logistics Division is
responsible for ensuring that construction contracts, acquisitions,
disposal of lands, or other real property interests do not commence
until all agency environmental requirements have been completed.
(3) Office of System Architecture and Investment Analysis (ASD) is
responsible for considering environmental impacts of establishing
procedures for the National Airspace System (NAS) programs, facilities
(e.g., Airport Traffic Control Towers (ATCT), Terminal Radar Approach
Controls (TRACON), Air Route Traffic Control Centers (ARTCC), Flight
Service Stations (FSS), remote unmanned facilities, depots), and
research/development activities.
(4) Director of the William J. Hughes Technical Center (ACT), or
designee is responsible for coordinating cross-divisional environmental
matters and
[[Page 55541]]
for overseeing center environmental activities, including NEPA
compliance.
i. Assistant Administrator for Financial Services (ABA) is
responsible for assuring that adequate funding is available for NEPA
activities in the budget outyears. ABA assures that services, regions,
centers, and offices consider NEPA activities in their budget
submittals in the annual call for estimates. The Office of Budget (ABU)
also uses this order as the basis for supporting the annual call for
estimates related to additional costs required for environmental
activities.
j. The Assistant Administrator for Human Resource Management (AHR)
is responsible for incorporating training requirements in the
individual development plans for appropriate personnel. Within AHR, the
Office of Learning and Development (AHT) assures that FAA training is
updated to include instruction on NEPA for appropriate personnel, in
cooperation with the Center for Management Development, AHM, the FAA
Academy, AMA, at the Mike Monroney Aeronautical Center, AMC, the Office
of Environment and Energy within the Associate Administrator for
Policy, Planning, and International Aviation, and the Environmental Law
Branch of the Office of Chief Counsel, AGC, and training staff within
the program offices.
k. The Office of Civil Rights (ACR) is responsible for determining
whether projects receiving Federal financial assistance from the FAA
comply with the appropriate civil rights laws and regulations, and
executive orders, including those requirements under the E.O. 12898 and
the accompanying Presidential Memorandum concerning environmental
justice and DOT Order 5610 on environmental justice in the context of
Title VI of the Civil Rights Act of 1964, as amended. (see Order
1400.11, Nondiscrimination in Federally Assisted Programs of FAA).
l. Associate Administrator for Civil Aviation Security (ACS) is
responsible for NEPA compliance in security activities.
214.-299. Reserved
Chapter 3. Advisory and Emergency Actions and Categorical
Exclusions
300. Introduction
This chapter provides guidance on whether a proposed action should
be classified as an advisory action, emergency action, or an action
that is categorically excluded from further environmental review.
301. Advisory Actions
Some Federal actions are of an advisory nature and neither
permissive nor enabling. Actions of this type are not considered major
Federal actions under NEPA, and EAs or EISs are not required as a
condition for implementing the action. If it is known or anticipated
that some subsequent Federal action would require processing in
accordance with environmental procedures, the FAA shall so indicate in
the advisory action. Examples of advisory actions include:
a. Determinations under 14 CFR part 77, Objects Affecting Navigable
Airspace, and
b. Determinations under 14 CFR part 157, Notice of Construction,
Alteration, Activation, and Deactivation of Airports, and Marking and
Lighting Recommendations. Determinations under 14 CFR part 157 apply to
airports, helipads, and heliports.
302. Emergency Actions
Section 1506.11 of Title 40 of the CFR allows CEQ to grant
alternative arrangements for, but not eliminate, NEPA compliance where
a national emergency, disaster, or similar great urgency makes it
necessary to take actions with significant environmental impacts
without observing other provisions of CEQ regulations. The processing
times may be reduced or, if the emergency situation warrants,
preparation and processing of environmental documents may be
abbreviated. The responsible FAA official should consult with AEE
(Environment, Energy and Employee Safety Division, AEE-200) and AGC
(Environmental Law Branch, AGC-620) for evaluation to assure national
consistency. FAA should then consult CEQ as appropriate about
alternative arrangements for complying with NEPA.
303. Categorical Exclusions
a. Categorical exclusions are those types of Federal actions that
meet the criteria contained in 40 CFR 1508.4. They represent actions
that, based on past experience with similar actions, do not normally
require an EA or EIS because they do not individually or cumulatively
have a significant effect on the human environment, with the exception
of extraordinary circumstances as set forth in paragraph 304.
Categorical exclusions are presented in figure 3-2 by functional group.
b. The responsible FAA official must first determine whether a
proposed action is within one of the categorical exclusions listed in
figure 3-2. An action on the categorically excluded list is not
automatically exempted from environmental review under NEPA. The
responsible FAA official must also review paragraph 304, Extraordinary
Circumstances, before finalizing a decision to categorically exclude a
proposed action. If it is uncertain whether an extraordinary
circumstance applies to the proposed action, the responsible FAA
official shall consult with appropriate offices for guidance. Figure 3-
1, Categorical Exclusion Process, summarizes the categorical exclusion
process. The following paragraphs provide more information on the
categorical exclusion process.
c. Responsible officials in the FAA Office of Air Traffic may
accept the categorical exclusion of the U.S. Department of Defense for
actions relating to a request for designation of special use airspace
when that request is subject to a categorical exclusion under the
regulations of the requesting military department, except when the
actions of the FAA are subject to an EA or an EIS, in accordance with a
Memorandum of Understanding, dated January 26, 1998. The responsible
Federal official must also determine that extraordinary circumstances,
as defined in this order, do not exist.
304. Extraordinary Circumstances
Proposed Federal actions, normally categorically excluded, which
have any of the following characteristics, shall be the subject of an
EA, or, if potential impacts are significant, an EIS:
a. Likely to have a significant adverse effect on cultural
resources pursuant to the National Historic Preservation Act of 1966,
as amended.
b. Likely to result in a significant impact on properties protected
under section 4(f) of the Department of Transportation Act.
[[Page 55542]]
Figure 3-1.--Categorical Exclusion Determination Process
----------------------------------------------------------------------------------------------------------------
Step 1 Step 2 Step 3 Step 4 Step 5
----------------------------------------------------------------------------------------------------------------
Responsible FAA official or Responsible FAA Responsible FAA Responsible FAA Approving FAA
project proponent defines official reviews official reviews official has an official proceeds
proposed action. proposed action action for option to issue with action.
with list of extraordinary and file a
categorical circumstances. categorical
exclusions. exclusion
determination if
extraordinary
circumstances
are not involved.
----------------------------------------------------------------------------------------------------------------
c. Likely to have significant impact on natural, ecological (e.g.,
invasive species), or scenic resources of Federal, Tribal, State, or
local significance (including, for example, Federally listed or
proposed endangered, threatened, or candidate species or designated or
proposed critical habitat under section 7 of the Endangered Species
Act, resources protected by the Fish and Wildlife Coordination Act,
wetlands under section 404 of the Clean Water Act, section 10 of the
Rivers and Harbors Act, and E.O. 11988, floodplains under E.O. 11990,
coastal resources under the Coastal Zone Management Act and Coastal
Barriers Act, prime, unique, State or locally important farmlands under
the Federal Farmlands Protection Act, energy supply and natural
resources, and wild and scenic rivers, study or eligible river segments
under the Wild and Scenic Rivers Act) and solid waste management.
d. Likely to cause substantial division or disruption of an
established community, or disrupt orderly, planned development, or is
likely to be not reasonably consistent with plans or goals that have
been adopted by the community in which the project is located.
e. Likely to cause a significant increase in congestion from
surface transportation (by causing decrease in Level of Service below
acceptable level determined by appropriate transportation agency, such
as a highway agency).
f. Likely to have a significant impact on noise levels of noise-
sensitive areas.
g. Likely to have a significant impact on air quality or violate
local, State, Tribal, or Federal air quality standards under the Clean
Air Act Amendments of 1990.
h. Likely to have a significant impact on water quality, sole
source aquifers, contaminate a public water supply system, or violate
State or Tribal water quality standards established under the Clean
Water Act and the Safe Drinking Water Act.
i. Likely to be highly controversial on environmental grounds. A
proposed Federal action is considered highly controversial when the
action is opposed on environmental grounds by a Federal, State, Tribal,
or local government agency or by a substantial number of the persons
affected by the action. If in doubt about whether a proposed action is
highly controversial, consult the program office's headquarters
environmental division, AEE (Environment and Energy Team, AEE-200),
regional counsel, or AGC (Environmental Law Branch, AGC-620) or
assistance.
j. Likely to be inconsistent with any Federal, State, Tribal, or
local law relating to the environmental aspects of the proposed action.
k. Likely to directly or indirectly create a significant impact on
the human environment, including, but not limited to, actions likely to
cause a significant lighting impact on residential areas or commercial
use of business properties, likely to cause a significant impact on the
visual nature of surrounding land uses (see sections 11 and 12,
appendix 1 for additional information), likely to be contaminated with
hazardous materials based on Phase I or Phase II Environmental Due
Diligence Audit (EDDAs), or likely to cause such contamination (see
section 10, appendix 1 for additional references and discussion).
305. Categorical Exclusion Documentation
Categorical exclusions are allowed under CEQ regulations to reduce
delay and paperwork. Once categorical exclusions are developed
according to paragraph 303, CEQ guidance strongly discourages
additional paperwork to document that an activity is within a listed
categorical exclusion and no extraordinary circumstances exist. The
decision that a proposed action is within a categorical exclusion and
that no extraordinary circumstances exist shall not be considered
deficient if it is not supported by documentation verifying that the
proposed action is categorically excluded (see, however, paragraph 306
and appendix 1 for information about specific findings or
determinations and associated public notice and comment requirements
under other applicable environmental laws, regulations, and executive
orders.). Unique circumstances may occur where the responsible FAA
official may decide, for record-keeping purposes or in anticipation of
litigation, to informally document the agency's review of potential
extraordinary circumstances supporting the categorical exclusion
determination for the proposed action. The responsible FAA official
should consider documenting the review of whether extraordinary
circumstances exist when there is a high degree of public controversy,
when the applicability of a categorical exclusion is not intuitively
clear, in anticipation of litigation, or when the project is perceived
by the public as having the potential for adverse environmental
effects. There is no prescribed format for any documentation that the
responsible FAA official decides to include in the record to support a
categorical exclusion. The responsible FAA official should use
reasonable judgment on the type and minimum amount of information
needed to document that extraordinary circumstances were considered and
did not apply to the proposed action. For additional information,
contact AEE-200 and AGC-620.
306. Other Environmental Laws and Requirements
Paragraph 304 identifies categories of environmental impacts that
are subject to laws, regulations, or executive orders in addition to
NEPA and which must be complied with before a Federal action is
approved. The responsible FAA official must assure, to the fullest
extent possible, that compliance with all applicable environmental
requirements is reflected in the determination to apply a categorical
exclusion. Such compliance, including any required consultations,
findings or determinations, should be documented. Additional
information on other environmental laws, regulations, and executive
orders is provided in appendices 1 and 12.
307.-399. Reserved
[[Page 55543]]
Figure 3-2.--Categorical Exclusion List
Figure 3-2 is a comprehensive list of FAA's categorically excluded
actions. Previously, only the categorical exclusions of general
application were listed in the body of the order, while categorical
exclusions of actions commonly carried out by one or a few services
were listed in the appendices. This revised order consolidates both
kinds of categorical exclusions into figure 3-2. The categorical
exclusion list is classified by the following functions.
Administrative/General: Actions that are administrative or general
in nature.
Certification: Actions concerning issuance of certificates or
compliance with certification programs.
Equipment and Instrumentation: Actions involving installation,
repair, or upgrade of equipment or instruments necessary for operations
and safety.
Facility Siting and Maintenance: Actions involving acquisition,
repair, replacement, maintenance, or upgrading of grounds,
infrastructure, buildings, structures, or facilities that generally are
minor in nature.
Procedural: Actions involving establishment, modification, or
application of airspace procedures.
Regulatory: Actions involving compliance with, or exemptions to,
regulatory programs or requirements.
Figure 3-2 also lists those categorical exclusions that refer to
those actions for which there is no reasonable expectation of a change
in use and thus should not cause environmental impacts.
All offices should use figure 3-2 in determining whether an action
is categorically excluded. For reference, the office(s) that would most
commonly use a categorical exclusion are provided in parentheses
following the type of action. These actions may be used by more than
one office.
Proposed additions and modifications to categorically excluded
actions under this notice of availability for public comment are
depicted in italics.
Note: Categorically excluded actions proposed under this notice
and public procedure are depicted in italics.
Administrative/General Actions
1. Emergency measures regarding air or ground safety. (All)
2. Release of airport land from Federal obligations and consent to
long-term leases of dedicated airport property to the status of
revenue-producing property. (APP)
3. Approval of projects to carry out an FAA-approved 14 CFR part
150 noise compatibility program (NCP). (APP)
4. Issuance of Notices to Airmen (NOTAMS), which notify pilots and
other interested parties of interim or temporary conditions. (AFS, AVN)
5. FAA actions related to conveyance of land for airport purposes,
surplus property, and joint use arrangements that do not substantially
change the operating environment of the airport. (APP, AND, ANI, and
ASU)
6. Mandatory actions required under any treaty or international
agreement to which the United States is a party, or required by the
decisions of international organizations or authorities in which the
United States is a member or participant except when the United States
has substantial discretion over implementation of such requirements.
The following categorical exclusions refer to those actions for
which there is no reasonable expectation of a change in use or activity
that would cause environmental impacts.
7. Issuance of airport policy and planning documents including the
National Plan of Integrated Airport Systems (NPIAS), Airport
Improvement Program (AIP) priority system, and advisory circulars on
planning, design, and development which are issued as administrative
and technical guidance. (APP)
8. Approval of an airport sponsor's request solely to impose
Passenger Facility Charges (PFC). (ARP)
9. Actions that are tentative, conditional, and clearly taken as a
preliminary action to establish eligibility under an FAA program,
including, for example, Airport Improvement Program (AIP) actions that
are tentative and conditional and clearly taken as a preliminary action
to establish an airport sponsor's eligibility under the AIP. (All)
10. Administrative and operating actions, such as procurement
documentation, organizational changes, personnel actions, and
legislative proposals not originating in the FAA. (All)
11. Agreements with foreign governments, foreign civil aviation
authorities, international organizations, or U.S. Government
departments calling for cooperative activities or the provision of
technical assistance, advice, equipment, or services to those parties,
and the implementation of such agreements; negotiations and agreements
to establish and define bilateral aviation safety relationships with
foreign governments, and the implementation of such agreements;
attendance at international conferences and the meetings of
international organizations, including participation in votes and other
similar actions. (All)
12. All delegations of authority to designated examiners,
designated engineering representatives (DER), or airmen under section
314 of the FAA Act (49 U.S.C. 44702(d) and 45303). (AFS, AIR)
13. FAA administrative actions associated with transfer of
ownership or operation of an existing airport, by acquisition or long-
term lease, as long as the transfer is limited to ownership, right of
possession, and/or operating responsibility. (APP)
14. Issuance of grants to prepare noise exposure maps and noise
compatibility programs (NCP) under 49 U.S.C. 47503(2) and 47504 and,
under 14 CFR part 150, FAA determinations to accept noise exposure maps
and approve noise compatibility programs. (APP)
15. Issuance of planning grants or state block grants (see most
current version of FAA Order 5050.4). (APP)
16. Conditional approval of an Airport Layout Plan (ALP). (APP)
17. Planning and development of training, personnel efficiency, and
performance projects and programs. (All)
18. Policy and planning documents and legislative proposals not
intended for, or which do not cause direct implementation of, project
or system actions. (All)
19. Project amendments (for example, increases in costs) that do
not alter the environmental impact of the action. (All)
20. Actions related to the retirement of the principal of bond or
other indebtedness for terminal development. (APP)
[[Page 55544]]
Administrative/General Actions (end)
Note: Categorically excluded actions proposed under this notice
and public procedure are depicted in italics.
Certification Actions
1. Actions that demonstrate compliance with 14 CFR part 36, Noise
Certification: Aircraft and Airworthiness Certification. (AFS, AIR)
2. Approvals of aircraft or launch vehicles and engine repairs,
parts, and alterations not affecting noise, emissions, or wastes. (All)
3. Issuance of certificates such as: (1) new, amended, or
supplemental aircraft types that meet environmental regulations; (2)
new, amended, or supplemental engine types that meet emission
regulations; (3) new, amended, or supplemental engine types that have
been excluded by the EPA (14 CFR 34.7); (4) medical, airmen, export,
manned free balloon type, glider type, propeller type, supplemental
type certificates not affecting noise, emission, or waste; and (5)
mechanic schools, agricultural aircraft operations, repair stations,
and other air agency ratings. (AFS, AIR)
4. Operating specifications and amendments that do not
significantly change the operating environment of the airport. These
would include, but are not limited to, authorizing use of an alternate
airport, administrative revisions to operations specifications, or use
of an airport on a one-time basis. The use of an airport on a one-time
basis means the operator will not have scheduled operations at the
airport, or will not use the aircraft for which the operator requests
an amended operations specification, on a scheduled basis. (AFS)
The following categorical exclusions refer to those actions for
which there is no reasonable expectation of a change in use or activity
that would cause environmental impacts.
5. Issuance of certificates and related actions under the Airport
Certification Program (14 CFR part 139). (APP)
6. Issuance of Airworthiness Directives (ADs) to ensure aircraft
safety. (AFS, AIR)
Note: Categorically excluded actions proposed under this notice
and public procedure are depicted in italics.
Equipment and Instrumentation Actions
1. Construction of Remote Communications Outlet (RCO), or
replacement with essentially similar facilities or equipment, to
provide air-to-ground communication between pilots of general aviation
aircraft and personnel in Flight Service Stations (FSS). (AAF, AND)
2. Establishment, installation, upgrade, or relocation within the
perimeter of an airport: airfield or approach lighting systems, such as
Runway End Identifier Lights (REIL), Omnidirectional Airport Lighting
Systems (ODALS), High Intensity Approach Lighting System With Flashers
(ALSF-2); Medium Approach Lighting System with a REIL (MALSR/SALSR);
visual approach aids, beacons, and electrical distribution systems,
such as Visual Approach Slope Indicators (VASIs) and Precision Approach
Path Indicators (PAPIs). (AAF, AND, APP, ANI)
3. Federal financial assistance or ALP approval or FAA installation
of facilities and equipment, other than radars, within a facility or
within the perimeter of an airport or launch facility (e.g. weather
systems, navigational aids, and hygrothermometers). Weather systems
include Automated Weather Observing System (AWOS), Automatic Surface
Observation System (ASOS), Runway Visual Range (RVR), Low Level Wind
Shear Alert System (LLWAS), other essentially similar facilities and
equipment that provides for modernization or enhancement of the service
provided by these facilities. Navigational aids include Instrument
Landing System (ILS) equipment or components of ILS equipment, other
essentially similar facilities and equipment, and equipment that
provides for modernization or enhancement of the service provided by
that facility. (AAF, AUA, AND, APP)
4. Federal financial assistance or ALP approval or FAA installation
of radar facilities and equipment, within a facility or within the
perimeter of an airport or launch facility, that conform to the current
American National Standards Institute/Institute of Electrical and
Electronic Engineers (ANSI/IEEE) guidelines for maximum permissible
exposure to electromagnetic fields. Radar facilities and equipment
include Terminal Doppler Weather Radar (TDWR), Next Generation Weather
Radar (NEXRAD), Precision Runway Monitor (PRM), Airport Surface
Detection Equipment (ASDE), Air Route Surveillance Radar (ARSR),
Airport Surveillance Radar (ASR), Air Traffic Control Beacon (ATCB),
and other essentially similar facilities and equipment. In addition,
this includes equipment that provides for modernization or enhancement
of the service provided by these facilities, such as Radar Bright
Display Equipment (RBDE) with Plan View Displays (PVD), Direct Access
Radar Channel (DARC), and a beacon system on an existing radar. (AAF,
AUA, AND, APP)
5. Federal financial assistance or Airport Layout Plan (ALP)
approval of miscellaneous items including wind indicators, wind
measuring devices, landing directional equipment, segmented circles
(visual indicators providing traffic pattern information at airports
without air traffic control towers), and fencing. (APP)
6. Installation or replacement of engine generators used in
emergencies when commercial power fails. (AAF, AND, AST)
7. Replacement of power and control cables for facilities and
equipment, such as airport lighting systems (ALS), launch facility
lighting systems, airport surveillance radar (ASR), launch facility
surveillance radar, Instrument Landing System (ILS), and Runway Visual
Range (RVR), (AAF, AND)
8. Location of wind and other weather instruments within the
perimeter of airports and launch facilities. (AAF, AND, AST)
The following categorical exclusions refer to those actions for
which there is no reasonable expectation of a change in use or activity
that would cause environmental impacts.
9. Acquisition of security equipment required by rule or regulation
for the safety or security of personnel and property on the airport or
launch facility (14 CFR part 107, Airport Security), safety equipment
required by rule or regulation for certification of an airport (14 CFR
part 139, Certification and Operation: Land Airports Serving Certain
Air Carriers) or licensing of a launch facility, or snow removal
equipment. (APP, AST)
Equipment and Instrumentation Actions (end)
Note: Categorically excluded actions proposed under this notice
and public procedure are depicted in italics.
[[Page 55545]]
Facility Siting and Maintenance Actions
1. Access road construction and relocation or repair of entrance
and service roadways that do not reduce the Level of Service on local
traffic systems below acceptable levels. (AAF, AND, APP, AST)
2. Acquisition of land and relocation associated with a
categorically excluded action. (ASU, APP)
3. Actions such as installation or repair of radars at existing
facilities that conform to the current American National Standards
Institute/Institute of Electrical and Electronics Engineers (ANSI/IEEE)
guidelines for maximum permissible exposures to electromagnetic fields
and do not significantly change the impact on the environment of the
facility. (All)
4. Federal financial assistance, Airport Layout Plan (ALP)
approval, or FAA installation of de-icing/anti-icing facilities that
comply with National Pollutant Discharge Elimination System (NPDES)
permits or other permits protecting the quality of receiving waters,
and for which related water detention or retention facilities are
designed not to attract hazardous wildlife, as defined in FAA Advisory
Circular 150-5200-33. (AAF, APP)
5. Federal financial assistance, licensing, or Airport Layout Plan
(ALP) approval to build or repair an existing runway, taxiway, apron,
or loading ramp, including extension, strengthening, reconstruction,
resurfacing, marking, grooving, fillets and jet blast facilities,
provided the action will not create environmental impacts outside of an
airport or launch facility property. (APP, AST)
6. Federal financial assistance, licensing, Airport Layout Plan
(ALP) approval, or FAA construction or limited expansion of accessory
on-site structures, including storage buildings, garages, small parking
areas, signs, fences, and other essentially similar minor airport
development items. (AAF, AND, APP, AST)
7. Construction of Remote Transmitter/Receiver (RT/R), or other
essentially similar facilities and equipment, to supplement existing
communications channels installed in the Air Traffic Control Tower
(ATCT) or Flight Service Station (FSS). (AAF, AND)
8. Federal financial assistance, licensing, or ALP approval for
construction or limited expansion of facilities, such as terminal
passenger handling facilities or cargo buildings, at existing
commercial service airports and launch facilities that do not
substantially expand those facilities. (All)
9. Demolition and removal of buildings and structures, except those
of historic, archaeological, or architectural significance as
officially designated by Federal, State, or local government; and
alteration of an existing facility that does not alter or change
environmental impacts of the existing facility or structure, provided
no toxic or hazardous substances contamination is present on the site
or in equipment on the site. (AND, AST)
10. Extension of water, sewage, electrical, gas, or other utilities
of temporary duration to serve construction. (AAF, AND, AST)
11. Filling of earth into previously excavated land with material
compatible with the natural features of the site, provided the land is
not delineated as a wetland. (AAF, AND, AST)
12. Federal financial assistance, licensing, or FAA grading of land
or removal of obstructions on airport or launch facility property, and
erosion control measures having no impacts outside of airport property
or outside of the launch facility. (AAF, AND, APP, AST)
13. Lease of space in buildings or towers for a firm-term of one
year or less. (ASU)
14. Minor expansion of facilities, including the addition of
equipment, such as telecommunications equipment, on an existing
facility where no additional land is required, or when expansion is due
to remodeling of space in current quarters or existing buildings.
Additions may include antennas, concrete pad and minor trenching for
cable. (AAF, AOP, AND, AST)
15. Minor trenching and backfilling where the surface is restored
and the excavated material is protected against erosion and runoffs
during the construction period. (AAF, AND, APP, AST)
16. New gardening or landscaping, and maintenance of existing
landscaping. (AAF, AND, APP, AST)
17. Construction and installation, on airports or launch
facilities, of noise abatement measures, such as noise barriers to
diminish aircraft and launch vehicle engine exhaust blast or noise, and
installation of noise control materials. (All)
18. Purchase, lease, or acquisition of three acres or less of land
with associated easements and rights-of-way for new facilities. (ASU,
AND, AAF)
19. Repairs and resurfacing of existing access to remote facilities
and equipment, such as Air Route Surveillance Radar (ARSR), Remote
Center Air/Ground Communications Facility (RCAG), Remote Communications
Outlet (RCO), and VHF Omnidirectional Range (VOR) with TACAN (VORTAC).
Upgrading facilities and equipment to improve operational efficiency,
such as existing runway approach lighting installations, conversion of
VOR to VOR with TACAN (VORTAC), or conversion of ILS to category II or
III standards. (AAF, AND)
20. Federal financial assistance, Airport Layout Plan (ALP)
approval, or licensing of a new heliport on an existing airport or
launch facility that would not significantly increase noise over noise
sensitive areas. (APP, AST)
21. Repair or replacement of underground storage tanks (UST), or
replacement of UST with above ground storage tanks at the same
location. (AAF)
22. Replacement or reconstruction of a terminal, structure, or
facility with a new one of substantially the same size and purpose,
where location will be on the same site as the existing building or
facility. (AAF, AND, APP, AST)
23. Maintenance of existing roads and rights-of-way, including, for
example, snow removal, landscape repair, and erosion control work.
(All)
24. Routine facility decommissioning, exclusive of disposal. (AND,
AST)
25. Take over of non-Federal facilities by the FAA. (AAF, AVN)
26. Federal financial assistance, licensing, Airport Layout Plan
(ALP) approval, or FAA action related to topping or trimming trees to
meet 14 CFR part 77 (Objects Affecting Navigable Airspace) standards
for removing obstructions which can adversely affect navigable
airspace. (All)
27. Upgrading of building electrical systems or maintenance of
existing facilities, such as painting, replacement of siding, roof
rehabilitation, resurfacing, or reconstruction of paved areas, and
replacement of underground facilities. (AAF, AST)
[[Page 55546]]
Facility Siting and Maintenance Actions (end)
Note: Categorically excluded actions proposed under this notice
and public procedure are depicted in italics.
Procedural Actions
1. Rulemaking actions that designate or modify classes of airspace
areas, airways, routes, and reporting points (14 CFR part 71,
``Designation of Class A, Class B, Class C, Class D, and Class E
Airspace Areas; Airways; Routes; and Reporting Points''). (AAT)
2. Actions regarding: establishment of Federal airways (14 CFR
71.75); operation of civil aircraft in a defense area, or to, within,
or out of the United States through a designated Air Defense
Identification Zone (ADIZ), (14 CFR part 99, ``Security Control of Air
Traffic''); authorizations for operation of moored balloons, moored
kites, unmanned rockets, and unmanned free balloons (14 CFR part 101,
``Moored Balloons, Kites, Unmanned Rockets and Unmanned Free
Balloons''); and, authorizations of parachute jumping and inspection of
parachute equipment, (14 CFR part 105, ``Parachute Jumping''). (AAT)
3. Actions to return all or part of special use airspace (SUA) to
the National Airspace System (NAS) (such as revocation of airspace or a
decrease in dimensions or times of use). (AAT)
4. Modification of the technical description of SUA involving minor
adjustments to the dimensions, altitudes, or times of designation of
that airspace (such as changes in designation of the controlling or
using agency). (AAT)
5. Designation of alert areas and controlled firing areas. (AAT)
6. Establishment or modification of Special Use Airspace (SUA),
(e.g., restricted areas, warning areas), and military training routes
for subsonic operations that have a base altitude of 3,000 feet above
ground level (AGL), or higher. (AAT)
7. Establishment or modification of Special Use Airspace (SUA) for
supersonic flying operations over land and above 30,000 feet mean sea
level (MSL) or over water above 10,000 feet MSL and more than 15
nautical miles from land. (AAT)
8. Establishment of Global Positioning System (GPS), Flight
Management System (FMS), or essentially similar systems, that use
overlay of existing procedures. (AAF, AAT, AFS, AVN, AST)
9. Establishment of helicopter tracks that channel helicopter
activity over major thoroughfares. (AAT, AFS, AVN)
10. Establishment of new procedures that routinely route aircraft
over non-noise sensitive areas. (AAT)
11. Establishment of new or revised air traffic control procedures
conducted at 3,000 feet or more above ground level (AGL); instrument
procedures conducted below 3,000 feet (AGL) that do not cause traffic
to be routinely routed over noise sensitive areas; modifications to
currently approved instrument procedures conducted below 3,000 feet
(AGL) that do not significantly increase noise over noise sensitive
areas; and increases in minimum altitudes and landing minima. For Air
Traffic modifications to procedures at or above 3,000 feet (AGL), the
Air Traffic Noise Screening Procedure (ATNS) should be applied. (AAT,
AFS, AVN)
12. Establishment of procedural actions dictated by emergency
determinations. (AAT, AST)
13. Publication of existing air traffic control procedures that do
not essentially change existing tracks, create new tracks, change
altitude, or change concentration of aircraft on these tracks. (AAT,
AFS, AVN)
14. Removal of a displaced runway threshold on an existing runway.
(APP, AST)
15. A short-term change in air traffic control procedures, not to
exceed six months, conducted under 3,000 feet above ground level (AGL)
to accommodate airport construction. (AAT)
16. Tests of air traffic departure or arrival procedures conducted
under 3,000 feet above ground level (AGL), provided that: (1) the
duration of the test does not exceed six months; (2) the test is
requested by an airport or launch operator in response to mitigating
noise concerns, or initiated by the FAA for safety or efficiency of
proposed procedures; and (3) test data collected will be used to assess
operational and noise impacts of the test.
17. Procedural actions requested by users on a test basis to
determine the effectiveness of new technology and measurement of
possible impacts on the environment. (AAT)
18. Approval under 14 CFR part 161 of a restriction on the
operations of Stage 3 aircraft that does not have the potential to
significantly increase noise at the airport submitting the restriction
proposal or at other airports to which restricted aircraft may divert.
(APP)
Procedural Actions (end)
Note: Categorically excluded actions proposed under this notice
and public procedure are depicted in italics.
Regulatory Actions
1. All FAA actions to ensure compliance with EPA aircraft emissions
standards. (AEE)
2. Authorizations and waivers for infrequent or one-time actions,
such as an airshow, that may result in some temporary impacts that
revert back to original conditions upon action completion. (APP, AAF,
AFS, AVN)
3. Denials of routine petitions for: (1) exemption; (2)
reconsideration of a denial of exemption; (3) rulemaking; (4)
reconsideration of a denial of a petition for rulemaking; and (5)
exemptions to technical standard orders (TSOs) . (AEE, AFS, AIR, AST,
ATS)
4. Issuance of regulatory documents (e.g., Notices of Proposed
Rulemaking, and issuance of Final Rules) covering administrative or
procedural requirements (not including Air Traffic procedures unless
otherwise categorically excluded). (AFS, AGC)
5. Issuance of special flight authorizations controlled by
operating limitations, specified in 14 CFR 21.199, 14 CFR 91.319, 14
CFR 91.611, and 14 CFR 91.859. (AFS, AIR, AEE)
[[Page 55547]]
Chapter 4. Environmental Assessments and Findings of no Significant
Impact
400. Introduction
This chapter summarizes and supplements CEQ requirements for
environmental assessments (EA) and findings of no significant impact
(FONSI). According to 40 CFR 1508.9 and Order DOT 5610.1C CHG 1,
paragraph 4d (July 13, 1982), an environmental assessment (EA) is a
concise document used to describe a proposed action's anticipated
environmental impacts. In 1978, the CEQ revised its regulations to
allow agencies to prepare EAs in accordance with section 102(2)(E) and
40 CFR 1501.2c and 1507.2(d), when the following conditions apply or at
any time to aid in agency planning and decisionmaking.
a. When to prepare an EA. An EA, at a minimum, must be prepared for
a proposed action when the initial review of the proposed action
indicates that:
(1) It is not categorically excluded (see figure 3-2 and paragraph
303);
(2) It is normally categorically excluded but, in this instance,
involves at least one extraordinary circumstance (see paragraph 304);
(3) It is highly controversial on environmental grounds (see
paragraph 304n); or
(4) The action is not one known normally to require an RIS and is
not categorically excluded.
b. Actions not causing significant environmental effects. If, based
on an EA, the responsible FAA official determines that the proposed
action would not cause a significant environmental effect, the
responsible FAA official shall prepare a FONSI for the signature of the
approving official.
c. Actions causing significant environmental effects. If, based on
an EA, the responsible FAA official determines that the proposed action
would cause a significant environmental effect, and mitigation would
not reduce that effect below applicable significance thresholds, the
responsible FAA official shall publish a notice of intent (NOI) to
prepare an EIS in the Federal Register and begin the EIS process. When
the responsible FAA official anticipates that significant effects may
result, a decision can be made to prepare an EIS without first
developing an EA.
401. Actions Normally Requiring an Environmental Assessment (EA)
The following actions are examples of actions that normally require
an EA. Some FAA projects involve actions by multiple FAA program
offices.
The overall significance of these actions, when viewed together,
governs whether an EA or an EIS is required.
a. Acquisition of land for, and the construction of, new FAA
facilities.
b. Issuance of aircraft type certificates for new, amended, or
supplemental aircraft types for which environmental regulations have
not been issued, or new, amended, or supplemental engine types for
which regulations have not been issued, or where an environmental
analysis has not been prepared in connection with regulatory action.
c. Evaluation of new launch vehicles for new, amended, or
supplemental types of launch vehicles, for which licenses have not been
issued, or where an environmental analysis has not been prepared in
connection with regulatory action.
d. Aircraft/avionics maintenance bases to be operated by the FAA.
e. Authorization to exceed Mach 1 flight under 14 CFR 91.817.
f. Establishment of FAA housing, sanitation systems, fuel storage
and distribution systems, and power source and distribution systems.
g. Establishment or relocation of facilities such as Air Route
Traffic Control Centers (ARTCC), Air Traffic Control Towers (ATCT), Air
Route Surveillance Radars (ARSR), Beacon Only Sites, and Next
Generation Radar (NEXRAD).
h. Establishment, relocation, or construction of facilities used
for communications and navigation which are not on airport property.
i. Establishment or relocation of assisted landing systems (e.g.,
ILS) and approach light systems (ALS).
j. Federal financial participation in, or unconditional airport
layout plan approval of, the following categories of airport actions:
(1) Airport location.
(2) New runway.
(3) Major runway extension.
(4) Runway strengthening having the potential to increase off-
airport noise impacts by DNL 1.5 dB or greater over noise sensitive
land uses within the day-night level (DNL) 65 dB noise contour.
(5) Construction or relocation of entrance or service road
connections to public roads which substantially reduce the Level of
Service rating of such public roads below the acceptable level
determined by the appropriate transportation agency (i.e., a highway
agency).
(6) Land acquisition associated with any of the items in paragraph
402j(1) through 402j(5).
k. Issuance of an operating certificate, issuance of an air carrier
operating certificate, or approval of operations specifications or
amendments that may significantly change the character of the
operational environment of an airport, and including, but not limited
to:
(1) Approval of operations specifications authorizing an operator
to use turbojet aircraft for scheduled passenger or cargo service into
an airport when that airport has not previously been served by any
scheduled turbojet aircraft.
(2) Approval of operations specifications authorizing an operator
to use the Concorde for any scheduled or nonscheduled service into an
airport, unless environmental documentation for such service has been
prepared previously and circumstances have not changed.
(3) Issuance of an air carrier operating certificate or approval of
operations specification when a commuter upgrades to turbojet aircraft.
l. New instrument approach procedures, departure procedures, en
route procedures, and modifications to currently approved instrument
procedures which routinely route aircraft over noise sensitive areas at
less than 3,000 feet above ground level (AGL).
m. New or revised air traffic control procedures which routinely
route air traffic over noise sensitive areas at less than 3,000 feet
AGL.
n. Regulations (and exemptions and waivers to regulations) which
may affect the human environment.
o. Special Use Airspace if the floor of the proposed area is below
3,000 feet AGL, or if supersonic flight is anticipated at any altitude.
This airspace shall not be designated, established, or modified until:
(1) The notice (notice of proposed rulemaking (NPRM) or non-rule
circular) contains a statement supplied by the requesting or using
agency that they will serve as lead agency for purposes of compliance
with NEPA, and in accordance with paragraph 207, Lead and Cooperating
Agencies; (e.g., restricted airspace for military use in accordance
with the Memorandum of Understanding (MOU) between the FAA and the
Department of Defense (January 1998)).
(2) The notice contains the name and address, supplied by the
requesting or using agency, of the office representing the agency to
which comments on the environmental aspects can be addressed
(applicable only if an EIS is to be filed by the requesting agency).
(3) The notice contains the name and address, supplied by the
requesting or using agency, of the office representing the agency to
which comments on any
[[Page 55548]]
land use problems can be addressed (applicable only if Special Use
Airspace extends to the surface).
(4) The rule, determination, or other publication of the airspace
action contains a statement that the FAA has reviewed and adopted the
EA prepared by the requesting agency in accordance with paragraph 404.
403. Impact Categories
Appendix 1 of this order identifies environmental impact categories
that FAA examines for most of its actions. Appendix 1 provides
references to current requirements; information about permits,
certificates, or other forms of approval and review; an overview of
specific responsibilities for gathering data, assessing impacts,
consulting other agencies, and involving the public; and any
established significant impact thresholds. The responsible FAA official
should contact the reviewing or pertinent approving agencies for
information regarding specific timeframes for applicable review or
approval processes.
404. Environmental Assessment Process
When the responsible FAA official has determined that the proposed
action cannot be categorically excluded the responsible FAA official
will begin preparing an EA. Figure 4-1, Environmental Assessment
Process, presents the EA review process for a typical action. The
responsible FAA official does not need to prepare an EA if an EIS is
prepared.
a. The responsible FAA official or applicant begins by gathering
data, coordinating or consulting with other agencies, and analyzing
potential impacts. The responsible FAA official or applicant contacts
appropriate Federal, Tribal, State, and local officials to obtain
information concerning potential environmental impacts and maintain
appropriate contact with these parties for the remainder of the NEPA
process. Public involvement is an integral part of the NEPA process and
the CEQ regulations require agencies to make diligent efforts to
involve the public in implementing their NEPA procedures (40 CFR
1506.6(a); and paragraph 208 regarding public involvement). When the
agency receives comments from the public, the comments should be
handled as formal comments and included in the administrative record
(see FAA ``Community Involvement Manual,'' August 1990, and Appendix 5,
Scoping Guidance).
b. Program offices must prepare concise EA documents with
sufficient analysis for the following purposes to:
(1) Understand the purpose and need for the proposed action,
identify reasonable alternatives, including a no action alternative,
and assess the proposed action's potential environmental impacts.
(2) Determine if an EIS is needed because the proposed action's
potential environmental impacts will be significant.
(3) Determine if a FONSI can be issued because the proposed action
will have no significant impacts.
(4) Determine if a FONSI can be issued because mitigation will
avoid the proposed action's significant impacts or reduce those impacts
below significant thresholds.
(5) Provide a comprehensive approach for identifying and satisfying
applicable environmental laws, regulations, and executive orders in an
efficient manner (see figure 1-1 and appendix 1). Although the NEPA
process does not preclude separate compliance with these other laws,
regulations, and executive orders, the responsible FAA official should
integrate NEPA requirements with other planning and environmental
reviews, interagency and intergovernmental consultation, as well as
public involvement requirements to reduce paperwork and delay, in
accordance with 40 CFR 1500.4(k) and 1500.5(g). Additionally, 40 CFR
1508.27(b) and (b)(10), which define ``significance'' in terms of the
intensity or severity of the impact and specifically in terms of
``whether the action threatens a violation of Federal, State, or local
law or requirements imposed for the protection of the environment,''
should be considered in the event of a change in the status of the
proposed action's impacts.
(6) Identify any permits, licenses, other approvals, or reviews
that apply to the proposed action.
(7) Identify agencies, including cooperating agencies, consulted.
(8) Identify any public involvement activities.
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c. The EA should present detailed analysis, commensurate with the
level of impact of the proposed action and alternatives to determine
whether any impacts will be significant. If the proposed action and its
alternatives will not cause impacts within specific categories of
environmental impacts, a brief statement that the action is not likely
to cause environmental impacts within these impact categories is
sufficient. The EA may also be tiered to cover broad or programmatic
proposed actions, such as rulemaking, policy decisions, and regional or
national programs (see also paragraphs 409 and 513 regarding tiering).
d. FAA may adopt, in whole or in part, EAs or EA/FONSIs prepared by
other agencies. When the FAA adopts an EA or the EA portion of another
agency's EA/FONSI, the responsible FAA official must independently make
a written evaluation of the information contained in the EA, take full
responsibility for scope and content that addresses FAA actions, and
issue its own FONSI. The responsible FAA official may also summarize
the adopted portion followed by a direct reference to the EA. If more
than three years have elapsed since the FONSI was issued, the
responsible FAA official should prepare a written reevaluation of the
EA (see paragraph 516). The responsible FAA official should forward a
copy of the FONSI to EPA when it adopts another agency's EA or EA/FONSI
(see also paragraph 518 regarding adoption of NEPA documents).
e. Internal review of the EA is conducted by potentially affected
FAA program offices having an interest in the proposed action to assure
that all FAA concerns have been addressed, and with AGC or Regional
Counsel to assure that the EA is technically and legally adequate. For
projects that originate in or are approved at FAA headquarters, the EA
and FONSI should be coordinated with AGC for legal sufficiency. For
projects that originate in and are approved by the regions, the EA and
FONSI should be reviewed by regional counsel. The responsible FAA
official should contact the environmental divisions of program offices
to determine appropriate levels of coordination. The responsible FAA
official should consult with AEE (Environment and Energy Team; AEE-200)
for general advice on compliance with NEPA and other applicable
environmental laws, regulations, and executive orders, especially for
actions of national importance or which are highly controversial.
f. Upon review of the completed EA, public comments, and applicable
interagency and intergovernmental consultation (see paragraph 210), the
responsible FAA official will determine whether any adverse
environmental impacts analyzed in the EA are significant. If the
responsible FAA official determines that these impacts do not exceed
applicable significance levels, or mitigation discussed in the EA and
made an integral part of the project clearly will reduce identified
impacts below significance levels, the responsible FAA official will
prepare a FONSI. The approving official, who may also be the
responsible FAA official, will sign the FONSI. This FONSI will either
state that no significant impacts are expected or list those mitigation
measures discussed in the EA that the responsible FAA official deems
necessary to prevent significant environmental impacts and will make a
condition of project approval. If the responsible FAA official
determines that mitigation will not reduce significant environmental
impacts below applicable significance thresholds, the responsible FAA
official will publish a Notice of Intent (NOI) to prepare an EIS in the
Federal Register to proceed.
g. If th
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