[Federal Register Volume 64, Number 197 (Wednesday, October 13, 1999)]
[Notices]
[Pages 55526-55595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26046]
[[Page 55525]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
Environmental Impacts: Policies and Procedures; Notice
Federal Register / Vol. 64, No. 197 / Wednesday, October 13, 1999 /
Notices
[[Page 55526]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. 29797; FAA Order 1050.1E]
Environmental Impacts: Policies and Procedures
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice; request for comment.
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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.
BILLIING CODE 4910-13-P
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[GRAPHIC] [TIFF OMITTED] TN13OC99.000
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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 the responsible FAA official does not accept an EA prepared
by another agency, the responsible FAA official shall specify in its
comments to that agency whether it needs any additional information or
describe the mitigation measures the FAA considers necessary to grant
or approve an applicable permit, license, or related requirements or
concurrences. If the responsible FAA official comments on the action
agency's predictive methodology, the responsible FAA official should
describe the preferred alternative methodology and explain why the FAA
prefers this methodology.
Figure 4-2.--Environmental Assessment Overview
----------------------------------------------------------------------------------------------------------------
Purpose Scope Content Public participation
----------------------------------------------------------------------------------------------------------------
Assist agency planning and Addresses the proposed Describes and identifies: As appropriate. Varies
decision-making by action's impacts on Purpose and from none for simple EAs
summarizing environmental affected environmental need for the proposed where no public interest
impacts to determine need resources action exists to substantial
for: Proposed participation in complex
An EIS action or controversial actions.
Mitigation Alternatives
measures considered (including
the no action
alternative)
Affected
environment (baseline
conditions)
Environmental
consequences of the
proposed action and
alternatives
Mitigation
Agencies and
persons consulted
----------------------------------------------------------------------------------------------------------------
405. Sample Environmental Assessment Format
Figure 4-2, Environmental Assessment Overview, presents an overview
of the EA process, while the following text describes the contents and
purpose of an EA. The CEQ regulations do not specify a required format
for an EA (see 40 CFR 1508.9); however, following the sample or a
similar format will facilitate preparation of an EA, or EIS if an EIS
is needed, and integrate compliance with other environmental laws,
regulations, and Executive Orders with NEPA review. The following
sample format for an EA is optional for FAA program offices to use.
a. Cover Page
This page is labeled ``Environmental Assessment.'' It identifies
the proposed action and the geographic location of the proposed action.
When EAs are prepared by an applicant or contractor
[[Page 55551]]
for an applicant, the following notification would be located at the
bottom: ``This Environmental Assessment becomes a Federal document when
evaluated and signed and dated by the responsible FAA official.''
b. Proposed Action
This discussion describes the proposed action with sufficient
detail in terms that are understandable to individuals who are not
familiar with aviation.
c. Purpose and Need
This discussion identifies the problem facing the proponent (that
is, the need for an action), the purpose of the action (that is, the
proposed solution to the problem), and the proposed timeframe for
implementing the action. The purpose and need for the proposed action
must be clearly justified and stated in terms that are understandable
to individuals who are not familiar with aviation or aerospace
activities.
d. Alternatives (Including Proposed Action)
The range of alternatives discussed in an EA will include those to
be considered by the approving official. At a minimum, the proposed
action and the no action alternatives must be considered. Other
reasonable alternatives are to be considered in preparing an EA to the
degree commensurate with the nature of the proposed action. Generally,
the greater the degree of impacts, the wider the range of alternatives
that should be considered to avoid or minimize the impacts. Whether a
proposed alternative is reasonable depends upon the extent to which it
meets the purpose and need for the proposed action (see also paragraph
506e for more information on alternatives). The EA briefly presents the
environmental impacts of the proposed action and the alternatives in
comparative form to sharply define the issues and provide a clear basis
for choice among options by the approving official. For alternatives
considered but eliminated from further study, the EA will briefly
explain why these were eliminated. The alternatives discussion of the
EA includes:
(1) A list of alternatives considered, including the proposed
action and the no action alternatives. For each alternative, any
connected or cumulative actions should also be considered.
(2) A statement identifying the preferred alternative, if one has
been identified.
(3) A concise statement explaining why any initial alternatives
considered have been eliminated from further study, i.e., they are not
reasonable because they fail to meet the purpose and need for the
proposed action.
(4) A listing under each alternative of any other applicable laws,
regulations, and executive orders and associated permits, licenses,
approvals, and reviews.
(5) Charts, graphs, and figures, if appropriate, to aid in
understanding the alternatives, for example, to depict alternative
runway configurations.
e. Affected Environment
This section shall succinctly describe existing environmental
conditions of the potentially affected geographic area(s). This
discussion may highlight important background material, such as
previous and reasonably foreseeable development and actions, whether
Federal or non-Federal. It also may include such information as actions
taken or proposed by the community or citizen groups pertinent to the
proposal, or any other unique factors associated with the action.
However, data and analyses should be commensurate with the importance
of the impact. The discussion of the affected environment in the EA may
include the following, if appropriate:
(1) Location map, vicinity map, project layout plan, and
photographs.
(2) Existing and planned land uses and zoning including: industrial
and commercial growth characteristics in the affected vicinity,
affected residential areas, schools, places of outdoor assemblies of
persons, churches, and hospitals; public parks, wildlife and waterfowl
refuges; Federally listed or proposed candidate, threatened, or
endangered species or Federally designated or proposed critical
habitat; wetlands; floodplains; farmlands; coastal zones, coastal
barriers, or coral reefs; recreation areas; wilderness areas, eligible,
study or designated wild and scenic rivers, Native American cultural
sites, and historic and archeological sites eligible for or listed on
the National Register of Historic Places.
(3) Political jurisdictions affected by the proposed action.
(4) Population estimates and other relevant demographic information
for the affected environment, including a census map where appropriate.
(5) Past, present, and reasonably foreseeable future actions,
whether Federal or non-Federal, and including related or connected
actions (40 CFR 1501.7(a), 1502.4(a), 1508.25(a)(1), and
1508.27(b)(7)), to show the cumulative effects (40 CFR 1508.7) of these
actions on the affected environment (see CEQ Guidance on Considering
Cumulative Effects Under the National Environmental Policy Act (January
1997) and EPA Guidance on Consideration of Cumulative Impacts in EPA
Review of NEPA Documents (May 1999).
f. Environmental Consequences
(1) At a minimum, the EA must discuss the reasonably foreseeable
environmental consequences of the proposed action and no action
alternatives in comparative form. Environmental impacts of other
alternatives that are being considered should also be discussed in the
EA. Any adverse environmental effects that cannot be avoided if the
proposed action is implemented and mitigation, if applicable, must be
discussed. This section should not duplicate discussions in the
Alternatives section. Instead, the environmental consequences section
shall, for each alternative, include considerations of the following
effects (40 CFR 1508.8):
(a) Direct effects and their significance (40 CFR 1508.8(a));
(b) Indirect effects and their significance (40 CFR 1508.8(b));
(c) Cumulative effects and their significance (40 CFR 1508.7; see
CEQ ``Considering Cumulative Effects Under the National Environmental
Policy Act,'' January 1997); and
(d) Possible conflicts between the proposed action and the
objectives of Federal, regional, State, and local (and in the case of
an Indian reservation, Tribal) land use plans, policies and controls
for the area concerned (40 CFR 1502.16(c)).
(e) Other unresolved conflicts (40 CFR 1501.2(c)).
(2) For those types of impacts that the proposed action and
alternatives would have, directly or indirectly, the analysis required
in the respective environmental impact categories listed in appendix 1
shall be discussed to the level of detail necessary to determine the
significance of the impact.
(3) Appendix 1, Analysis of Environmental Impact Areas, briefly
describes the major laws, regulations, and executive orders in addition
to NEPA that must be complied with for different impact areas before a
proposed Federal action is approved. A proposed Federal action may fall
within the purview of one or more of these requirements. The
responsible FAA official must assure that proposed Federal actions
comply with applicable requirements. To reduce paperwork and delay and
assure that the necessary approvals and permits will be issued
[[Page 55552]]
with or immediately following issuance of the EA and FONSI, the
responsible FAA official should identify the timeframes established for
review by the oversight agency and the information that the FAA will
need to provide to the oversight agency to complete its review, and
integrate these into the EA process. If an EA is being prepared it
should include the information required to demonstrate compliance, as
appropriate, with other applicable requirements.
g. Mitigation
The EA may include reasonable mitigation measures. If mitigation is
discussed, it shall be in sufficient detail to describe the benefits of
the mitigation. Each impact category in appendix 1 identifies
conditions that normally indicate a threshold beyond which the impact
is considered significant and an EIS is required for the action (see
also paragraph 506h regarding mitigation). If the EA contains
mitigation measures necessary to reduce potentially significant impacts
below applicable significance thresholds, an EIS is not needed and the
approving official may issue a FONSI after considering:
(1) Whether the agency took a ``hard look'' at the problem.
(2) Whether the agency identified the relevant areas of
environmental concern.
(3) For the areas of environmental concern identified and studied,
whether the EA supports the agency's determination that the potential
impacts will be insignificant.
(4) Whether the agency has identified mitigation measures that will
be sufficient to reduce potential impacts below applicable significance
thresholds and has assured commitments to implement these measures.
Proposed changes in or deletion of a mitigation measure that was
included as a condition of approval of the FONSI must be reviewed by
the same FAA offices that reviewed the original FONSI and must be
approved by the same approving official (see paragraph 407 for
monitoring mitigation). If the changes in mitigation will result in
significant impacts, the responsible FAA official must then initiate
the EIS process by preparing an NOI to prepare an EIS.
h. List of Preparers
When an EA is prepared by the FAA, the EA must include a list of
the names and qualifications of personnel who prepared the EA. When EAs
are prepared for the FAA, the EA must list the names and qualifications
of the preparers of an EA. Contractors will be identified as having
assisted in preparing the EA.
i. List of Agencies and Persons Consulted
The EA must include a list of agencies and persons consulted.
j. Appendixes
The EA may include the following appendixes, if applicable:
(1) Any documentation that supports statements and conclusions in
the body of the EA, including methodologies and references used. Proper
citations to reference materials should be provided.
(2) Evidence of coordination or required consultation with affected
Federal, Tribal, State and local officials and copies or a summary of
their comments or recommendations and the responses to such comments
and recommendations.
(3) A summary of public involvement, including evidence of the
opportunity for a public hearing, if required under applicable Federal
laws, regulations, and Executive Orders, and a summary of issues raised
at any public hearing or public meeting as well as agency responses to
those comments.
406. Finding of No Significant Impact (FONSI)
a. Purpose
The purpose of an EA is to determine if a proposed action has the
potential for significant environmental impacts. If none of the
potential impacts is likely to be significant, then the responsible FAA
official shall prepare a finding of no significant impact (FONSI),
which briefly presents, in writing, the reasons why an action, not
otherwise categorically excluded, will not have a significant impact on
the human environment, and the Approving Official may approve it.
Issuance of a FONSI signifies that the FAA will not prepare an EIS and
the FAA has completed the NEPA process for the proposed action. (The
issuance of a FONSI does not mean that the agency has decided to act,
only that it has found that the proposed action will not have a
significant impact on the environment, see paragraph 408.) An overview
of a FONSI is presented in Figure 4-3, Findings of No Significant
Impact Overview.
b. Scope of Documentation
The CEQ regulations do not specify a format for FONSIs, but FONSIs
must contain the information discussed in 40 CFR 1508.13.
(1) The FONSI may be attached to an EA, or the EA and FONSI may be
combined into a single document. If the EA is not attached or combined
with FONSI, the FONSI must include a summary of the EA and note any
other environmental documents related to it. If the EA is attached or
included with the FONSI, the FONSI does not need to repeat any of the
discussion in the EA but may incorporate it by reference. However, the
FONSI shall briefly describe the proposed action, its purpose and need,
the alternatives considered, including the no action alternative, and
assess and document all relevant matters necessary to support the
conclusion that the action is not a major Federal action significantly
affecting the quality of the human environment. The degree of attention
given to different environmental factors will vary according to the
nature, scale, and location of the proposed action, and thus, depending
on the complexity and degree of impact of a proposed action, a FONSI
may range in content from a simple conclusion, supported with pertinent
facts, that the action is not a major action significantly affecting
the quality of the human environment, to an analysis involving the
format and content necessary for EISs.
(2) The FONSI shall determine the proposed action's consistency or
inconsistency with community planning, and shall document the basis for
the determination.
(3) The FONSI shall present any measures that must be taken to
mitigate adverse impacts on the environment and which are a condition
of project approval (see paragraph 406e). The FONSI should also reflect
coordination of proposed mitigation commitments with, and consent and
commitment from, those with the authority to implement specific
mitigation measures committed to in the FONSI.
(4) The FONSI shall reflect compliance with all applicable
environmental laws and requirements, including interagency and
intergovernmental coordination and consultation, public involvement,
and documentation requirements (see paragraph 403f(4) and appendix 1).
Findings and determinations required under special purpose
environmental laws, regulations, and executive orders, if not made in
the EA, must be included in the FONSI, which may be combined with a
decision document, sometimes called a Record of Decision or FONSI/ROD.
[[Page 55553]]
Figure 4-3.--Finding of No Significant Impact Overview
--------------------------------------------------------------------------------------------------------------------------------------------------------
Purpose Scope Content Public participation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Documents Finding of No Significant Explains why an action will not have A conclusion that an action Varies as appropriate (see
Impact (FONSI) and supporting a significant effect on the human will not have a significant effect 40 CFR 1501.4(e)(1) and 1506.6, and
mitigation measures that will be environment. on the environment. also CEQ's ``40 Most Asked
taken. Describes the proposed Questions,'' number 37).
action, its purpose and need, and In certain cases (e.g.,
alternatives considered, including actions similar to those normally
the no action alternative. addressed in an EIS or the nature
Assesses information of the proposed action is one
necessary to support findings and without precedent), a 30-day public
determinations. comment period is required before
Describes applicable proceeding with action (see 40 CFR
mitigation measures necessary to 1501.4(e)(2) and CEQ's ``40 Most
ensure that the preferred Asked Questions,'' number 38).
alternative will not significantly Agencies also must allow a
affect the environment and that are period of public review of the
a condition of project approval. FONSI, for example, if the proposed
Describes changes that have action would be located in a
been made in the proposed action to floodplain or wetland (E.O. 11988,
eliminate significant impacts. section 2(a)(4), and E.O. 11990,
Includes statement of Sec. 2(b)), or affect an eligible
consistency or inconsistency with or listed historic property (36 CFR
State, local, and Tribal, for 800).
impacts on a reservation, community
planning.
Attaches the EA or a
summary of the EA for reference.
--------------------------------------------------------------------------------------------------------------------------------------------------------
c. Internal Review Process and Approval
(1) FONSIs originating in the regions. The responsible FAA official
will coordinate the review of the FONSI and underlying EA with affected
program divisions and Regional Counsel. The responsible FAA official
should contact affected program offices to obtain guidance on program
office procedures for coordination. Upon request of the responsible FAA
official, Regional Counsel may waive their review of the EA and FONSI
for legal sufficiency. After appropriate coordination, the Division
Manager or designee may approve the FONSI.
(2) FONSIs originating in the Washington, D.C. headquarters. The
responsible FAA official will coordinate the review of the FONSI and
underlying EA with affected program divisions, AEE, and AGC. The
responsible FAA official should contact affected program offices to
obtain guidance on program office procedures for coordination. Upon
request from a Program or Office Director, AEE and AGC may waive their
review. After appropriate coordination, the approving official may
approve the FONSI.
(3) All FONSIs shall include the following approval statement:
After careful and thorough consideration of the facts contained
herein, the undersigned finds that the proposed Federal action is
consistent with existing national environmental policies and objectives
as set forth in section 101of the NEPA and other applicable
environmental requirements and that it will not significantly affect
the quality of the human environment or otherwise include any condition
requiring consultation pursuant to section 102(2)(C) of NEPA.
Approved:--------------------------------------------------------------
Date:------------------------------------------------------------------
d. Coordination
FONSIs are required to be coordinated outside of the agency for
purposes of complying with special purpose environmental laws or
administrative directives. Examples include but are not limited to
actions involving section 404 of the Clean Water Act, section 4(f) of
the DOT Act, section 106 of the National Historic Preservation Act,
section 7 of the Endangered Species Act, section 307 of the Coastal
Zone Management Act, section 176(c) of the Clean Air Act, section 7 of
the Wild and Scenic Rivers Act, and the American Indian Religious
Freedom Act. When a FONSI and any other associated required findings or
determinations and their supporting documentation, if not previously
submitted, are circulated to oversight agencies, for example to the
State or Tribal Historic Preservation Officer for concurrence with
findings required under section 106 of the National Historic
Preservation Act, the FONSI and any other required findings or
determinations should be accompanied by a cover letter identifying the
purpose for which the information is being sent to the oversight
agency, such as ``in compliance with section 106 of the National
Historic Preservation Act.''
e. Public Review in Special Circumstances
The responsible FAA official must determine whether any of the
following circumstances apply, and if so, allow for the appropriate
amount of public review.
(1) The CEQ regulations (40 CFR 1501.4(e)(2); see also CEQ's ``40
Most Asked Questions,'' number 37b) provide that in certain limited
circumstances the agency shall make the FONSI available for public
review for 30 days before the agency makes its final determination
whether or not to prepare an EIS and before the action may begin. The
30-day public review period may run concurrently with any other
Federally review. These circumstances are:
(a) The proposed action is, or is closely similar to, one normally
requiring the preparation of an EIS.
(b) The nature of the proposed action is one without precedence.
(2) When the action involves special purpose environmental laws,
regulations, or executive orders which require public notice of
specific findings or determinations apart from the FONSI made under
NEPA. Examples include but are not limited to section 2(a)(4) of E.O.
11988, Floodplain Management, section 2(b) of E.O. 11990, Protection of
Wetlands, section 7 of the Endangered Species Act, section 106 of the
National Historic Preservation Act.
[[Page 55554]]
f. Distribution
The FONSI and EA are filed in the office of the responsible FAA
official. A copy of the FONSI and EA shall be sent to the affected
program offices, if required by those offices. A copy of the FONSI and
EA shall also be sent to any reviewing agencies, organizations, or
individuals that had substantive comments.
g. Public Availability
The CEQ regulations state that Federal agencies shall make FONSIs
available to interested or affected persons or agencies (see 40 CFR
1506.6). Methods of announcing the availability of a FONSI, such as
publication in local newspaper or notice through local media, are
described in 40 CFR 1506.6(b). The announcement will indicate locations
at which the FONSI and its associated EA are available and other
appropriate locations of general public access. Copies of FONSIs and
associated EAs will be provided, on request, free of charge or at a fee
commensurate with the cost of reproduction.
407. Monitoring Mitigation
Mitigation and other conditions established in the EA and FONSI,
or during their review, and included as a condition of the project
approval or licensing shall be implemented by the lead agency or other
appropriate consenting agency. The FAA shall take steps through grant
agreements, licenses, contract specifications, operating
specifications, directives, other project review or implementation
procedures, or other appropriate mechanisms to monitor implementation
of mitigation set forth in the approved EA/FONSI. Mitigation included
as special conditions in the FONSI can be imposed as enforceable
conditions of the final decision or of funding or grant agreements,
contract specifications, preferential arrival and departure procedures,
licenses, permits, directives, other project review or implementation
procedures, or other appropriate follow-up actions to ensure that
mitigation is implemented (see CEQ's ``40 Most Asked Questions,''
number 39).
408. Decision Documents for Findings of No Significant Impact
a. Immediately following the approval of a FONSI, except in the
circumstances identified in paragraph 406e, the FAA decisionmaker may
decide whether to take the proposed action. Mitigation measures which
were made a condition of approval of the FONSI and the steps taken to
assure appropriate commitment and follow-up of mitigation measures
shall be included in the FONSI and incorporated in the decision to
implement the action. If the FAA decides to proceed with the proposed
Federal action, then the decision may be included with the FONSI or in
a separate decision document, sometimes called a ROD or FONSI/ROD.
Preparation of a record of decision to proceed with an action for which
a FONSI has been approved is optional. A record of decision is
recommended in the circumstances described in paragraph 408b. If the
responsible FAA official prepares a record of decision, it should
include a description of the action, the location and timing of the
action, the FONSI, any other required findings or determinations, and
the signature, name, title, address, and telephone number of the
approving FAA official.
b. The responsible FAA official should prepare formal documentation
of the decision to proceed (e.g., a record of decision (ROD) or FONSI/
ROD) for:
(1) Actions which have been redefined to include mitigation
measures necessary to reduce potentially significant impacts below
applicable significant thresholds (see paragraph 405g).
(2) Actions that are highly controversial.
(3) Actions that are, or are closely similar to, those normally
addressed in an EIS (see paragraph 406e).
(4) Actions that have no precedent (see paragraph 406e).
In cases of doubt, the responsible FAA official should consult the
Environmental Law Branch (AGC-620) of the Office of the Chief Counsel
or Regional Counsel.
409. Tiering and Programmatic Environmental Assessments
The concept of tiering for EISs may be used for preparing EAs. The
responsible FAA official may tier off completed EAs and EISs if the
responsible FAA official after finding that these are current and meet
FAA requirements. Permitting and review agencies may have independent
requirements for review of previously prepared documents (see paragraph
513).
410. Written Reevaluation
The procedures in paragraph 515 may also be applied to EAs.
411. Revised or Supplemental Environmental Assessments or FONSIs
The procedures in paragraph 519 may also be applied to EAs.
412. Review and Adoption of EAs Proposed by Other Agencies
See paragraphs 404d, 404g and 518.
413.-499. Reserved
Chapter 5. Environmental Impact Statements and Records of Decision
500. Introduction
a. This chapter summarizes and supplements CEQ requirements for
Environmental Impact Statements (EISs) and Records of Decision (RODs).
EISs and RODs are summarized as follows:
(1) An EIS is a clear, concise, and detailed document that provides
the agency decisionmakers and the public with a full and fair
discussion of significant environmental impacts of the proposed action
(40 CFR 1502.1) and implements the requirement in NEPA section
102(2)(C) for a detailed written statement. Using an interdisciplinary
approach (40 CFR 1501.2(a)), an EIS describes the purpose and need of
the proposed action (40 CFR 1502.13), the affected environment (40 CFR
1502.15), and, in a comparative form, the environmental effects of the
alternatives, including the proposed action, the no action alternative,
and other reasonable alternatives (including those not within the
agency's jurisdiction (40 CFR 1502.14(c)) and those that would avoid or
minimize adverse impacts (40 CFR 1502.13 and 1502.14)). The discussion
must be in adequate detail so that the environmental effects can be
compared to economic and technical analyses (40 CFR 1501.2(b)). An EIS
discusses means to mitigate adverse environmental impacts if not
covered in the discussion of alternatives (40 CFR 1502.14(f)) and
identifies unavoidable impacts (40 CFR 1502.16). For each alternative
and mitigation measure, an EIS also discusses the energy and natural
resources requirements, urban quality, historic and cultural resources,
and the design of the built environment, and the potential for reuse
and conservation of these resources (40 CFR 1502.16(e) through (g)). An
EIS identifies possible conflicts between the proposed action and the
objectives of Federal, regional, State, and local (and in the case of a
reservation, Indian tribe) land use plans, policies, and controls for
the area concerned (40 CFR 1502.17(c)), and the extent to which the
agency would reconcile its proposed action with the plan or law (40 CFR
1506.2(d)). If reasonable alternatives are eliminated from detailed
study, the EIS briefly discusses the reasons why these alternatives
were eliminated (40 CFR 1502.14(a)). The EIS identifies the
[[Page 55555]]
agency-preferred alternative or alternatives in the draft EIS if a
preferred alternative exists and in the final EIS unless prohibited by
law (40 CFR 1502.14(e)). An EIS identifies methodologies and sources
used (40 CFR 1502.24), identifies where information is incomplete or
unavailable (40 CFR 1502.22), lists the preparers (40 CFR 1502.17),
lists the agencies, organizations, and persons to whom copies of the
EIS are sent (40 CFR 1502.10(i)), and summarizes the major conclusions,
areas of controversy (including issues raised by agencies and the
public), and issues to be resolved (40 CFR 1502.12)). The final EIS
also includes the agency's response to comments (40 CFR 1502.9(b) and
1503).
(2) A ROD (40 CFR 1505.2) is concise public record of decision,
which may be integrated into any other record prepared by the agency.
The ROD states what the decision is; identifies all alternatives
considered in reaching the agency's decision, specifying which were
environmentally preferable. The ROD discusses all other relevant
factors considered, including any essential considerations of national
policy, economic and technical considerations, and the agency's
statutory mission. The ROD states whether all practicable means to
avoid or minimize environmental harm from the selected alternative have
been adopted, and if not, why not. Where applicable, the ROD may
include a monitoring and enforcement program for mitigation. Grants,
permits, or other approvals and decisions to fund of agency actions on
implementation of the selected mitigation include conditions requiring
implementation of the mitigation measures that were adopted by the
agency in making its decision (40 CFR 1505.3(a) through (b)).
b. The depth of analysis and documentation of impacts will be in
direct proportion to the potential significance of the impacts. EISs
should give greater emphasis to significant impacts and less emphasis
to insignificant impacts. A significant impact is identified generally
through the scoping process, through analysis of the direct, indirect,
and cumulative effects of the proposed action, and in comparison with
the threshold of significance for each impact category. As in an EA,
the discussion in an EIS of insignificant impacts is generally limited
to an explanation of why further analysis of these impacts is not
warranted. See 40 CFR 1500.4(g) (Reducing paperwork), 1501.1(d)
(Purpose), and 1501.7 (Scoping).
c. An EIS is required not only when the impact of the proposed
action itself is significant, but also when the cumulative impact of
the proposed action and any connected agency actions or other past,
present, and reasonably foreseeable future actions, whether Federal or
non-Federal, is significant (see 40 CFR 1508.7, 1508.8, 1508.25, and
1508.27(b)(7) and CEQ guidance for Considering Cumulative Effects Under
the National Environmental Policy Act, January 1997). A series of
actions, when assessed on an individual basis, may each have a limited
environmental impact. However, the same series of actions may have a
significant cumulative impact when assessed together and with other
Federal or non-Federal actions that are ongoing or are reasonably
foreseeable (40 CFR 1508.7 and 1508.27(b)(7)).
(1) Connected action should be considered in the same EIS.
Connected actions are those actions that automatically trigger other
actions which may require environmental impact statements, cannot or
will not proceed unless other actions are taken previously or
simultaneously, or are interdependent parts of a larger action and
depend on the larger action for their justification (40 CFR
1508.25(a)(1)). Significance cannot be avoided by terming an action
temporary or by breaking it down into small component parts (40 CFR
1508.27(b)(7)). Proposed actions or parts of proposed actions which are
related to each other closely enough to be, in effect, a single course
of action shall be evaluated in a single impact statement (40 CFR
15082.4(a)).
(2) Cumulative actions should also be discussed in the same EIS.
Cumulative actions and those actions which when viewed with other past,
present, and reasonably foreseeable future actions, whether Federal or
non-Federal, have cumulatively significant impacts (40 CFR
1508.25(a)(2)).
(3) Similar actions, such as those with common timing or geography,
may be considered in a broad EIS, sometimes called a ``programmatic''
EIS, when the best way to assess their combined impacts or reasonable
alternatives to such actions is in a single impact statement (40 CFR
1502.4(b) through (c) and 1508.25(a)(3)).
(4) CEQ regulations permit ``tiering'' from broad EISs to
subsequent narrower or site-specific EISs or EAs or from an EIS on a
specific action at an early stage to a supplement or subsequent EIS or
EA at a later stage (40 CFR 1502.4(c)(3) and 1508.28). See paragraph
513.
d. In cases of doubt as to whether an EIS is necessary for a
particular action, the responsible FAA official should consult with the
AGC, Regional Counsel, or AEE. Airports personnel should contact APP-
600.
501. Actions Requiring Environmental Impact Statements (EIS)
An EIS shall be prepared for major Federal actions significantly
affecting the quality of the human environment. The term ``major''
reinforces but does not have a meaning independent of ``significantly''
(40 CFR 1508.18). Significance is defined in terms of context and
intensity (40 CFR 1508.27). Paragraphs 400 and 402 list actions
normally requiring an EA.
a. If the analysis in the EA of environmental impact categories
discussed in appendix 1 indicates that impacts will be significant,
then the responsible FAA official would prepare an EIS and the EA may
be used in the scoping process described below; however, if the
responsible FAA official has decided to prepare an EIS, an EA need not
be prepared.
b. The addition of mitigation to reduce impacts below significance
does not necessarily avoid the requirement to prepare an EIS. However,
if mitigation is integrated into the design of the proposed action, or
if, through scoping or the EA process, the proposed action is redefined
to include mitigation, then the responsible FAA official may rely on
the mitigation measures in determining that the overall effects would
not be significant and prepare an EA/FONSI. In that event, the
responsible FAA official must circulate the EA/FONSI for public and
agency comment for 30 days (CEQ's 40 Most Asked Questions Concerning
CEQ's National Environmental Policy Act Regulations (40 CFR 1500-1508),
number 40, 46 FR 18026, March 23, 1981).
c. After an EA has been prepared an EIS shall be prepared if the
FAA action:
(1) Has a significant adverse effect on cultural resources pursuant
to the National Historic Preservation Act of 1966, as amended.
(2) Results in significant use on properties protected under
section 4(f) of the Department of Transportation Act.
(3) Has a 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,
[[Page 55556]]
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.
(4) Causes 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.
(5) Causes 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).
(6) Has a significant impact on noise levels of noise-sensitive
areas.
(7) Has a significant impact on air quality or violate local,
State, Tribal, or Federal air quality standards under the Clean Air Act
Amendments of 1990.
(8) Has 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.
(9) Is inconsistent with any Federal, State, Tribal, or local law
relating to the environmental aspects of the proposed action.
(10) Directly or indirectly creates 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), is contaminated with hazardous
materials based on Phase I or Phase II Environmental Due Diligence
Audit (EDDAs), or causes such contamination (see section 10, appendix 1
for additional references and discussion).
502. Impact Categories
The responsible FAA official should review appendix 1 to identify
the level of analysis needed in the EIS for each applicable
environmental impact category. The responsible FAA official should
include in the EIS, under appropriate impact categories, all applicable
permit or license requirements. The EIS also will report on the status
of any special consultation required, such as consultation under the
Endangered Species Act, the National Historic Preservation Act, the
Fish and Wildlife Coordination Act, Archeological Resources Protection
Act, or American Indian Religious Freedom Act. These reviews should
occur concurrently. The level of analysis for categories not
significantly impacted should be similar to the level of analysis in an
EA (see paragraph 404c)). These impacts will be discussed in as much
detail as is necessary to support the comparisons of alternatives and
agency decisionmaking. Many of the impact categories listed in appendix
1 are interrelated, and, therefore, the responsible FAA official should
first review the impact category of concern and then the remaining
related categories for guidance.
503. Environmental Impact Statement Process
When the determination has been made that the action does have
potential significant impacts, the preparation of the EIS will begin.
Figure 5-1, Environmental Impact Statement Process, presents an
overview of the EIS process.
Figure 5-1. Environmental Impact Statement Process
Step 1--Responsible FAA official or applicant defines proposed
action.
Step 2--Responsible FAA official or applicant collects background
data and analyzes the information.
Step 3--Responsible FAA official determines need for EIS
(anticipated significant impact).
Step 4--Responsible FAA official prepares and publishes Notice of
Intent (NOI) in Federal Register and local press.
Step 5--Responsible FAA official initiates EIS scoping activities
and determines issues and alternatives to be addressed.
Step 6--Responsible FAA official prepares draft EIS, distributes it
to other agencies and public, and files copy with EPA.
Step 7--Responsible FAA official receives and evaluates comments
(90-day period). Comment periods may be extended by agency.
Step 8--Responsible FAA official prepares final EIS, distributes it
to other agencies and public, and files copy with EPA.
Step 9--30-day waiting period unless the final EIS is filed within
90 days after a DEIS is filed with the EPA, in which case the 30-day
and 90-day periods may run concurrently but must not be less than 45
days, subject to a 30-day request for extension by EPA. Comment periods
may be extended by agency.
Step 10--Approving FAA official issues ROD and proceeds with
action, mitigation, and monitoring.
504. Notice of Intent
Once the decision is made to proceed with an EIS, the responsible
FAA official publishes a Notice of Intent (NOI) in the Federal
Register. The NOI is an announcement that an EIS will be prepared.
Figure 5-2, Notice of Intent and Notice of Availability Overview, shows
that a NOI will include an overview of the proposed action; the
alternatives being considered (including the no action); and the name
and address of a person within the agency who can answer questions
about the proposed action and the EIS (see 40 CFR 1508.22). If a
scoping meeting is being planned (see paragraph 505 regarding scoping)
and sufficient information is available at the time, the NOI should
also announce the meeting, including the time and place of the meeting,
and any other appropriate information, such as the availability of a
scoping document. Otherwise, the scoping meeting may be announced
separately. If the responsible FAA official is using the NOI to satisfy
public notice and comment requirements of other environmental laws,
regulations, or executive orders in addition to NEPA, the NOI should
include a statement to that effect with a reference to the specific
law, regulation, or executive order. The responsible FAA official
should consider also publishing the NOI, notices of scoping meetings,
and other information in other formats pursuant to Order DOT 5610.1C,
paragraph 14a and CEQ regulations section 1506.6.
a. The responsible FAA official sends the NOI, the original and
three copies, to the docket clerk in the Office of the Chief Counsel
(AGC-200). All NOIs initiated in the regions should be
[[Page 55557]]
reviewed by the Regional Counsel before being forwarded to AGC-200. The
applicable division manager or designee may sign the NOI for the
Federal Register.
b. After publishing the NOI, the responsible FAA official selects
the environmental review team and develops the EIS outline, schedule,
and management framework.
Figure 5-2. Notice of Intent and Notice of Availability Overview
----------------------------------------------------------------------------------------------------------------
Purpose Content Public Participation
----------------------------------------------------------------------------------------------------------------
Notice of Intent (NOI) Describes: The FAA publishes the NOI in Federal
announces to the public that the Proposed action and Register and local press.
EIS process has begun for a possible alternatives. An NOI or other notice of a
proposed FAA action. Proposed scoping process scoping meeting must be published
If appropriate, the NOI including whether, when, and at least 30 days prior to the
announces the availability of a where any scoping meeting will meeting.
scoping document (document is be conducted.
optional). States an FAA point of
The NOI announces the contact for public inquiries.
scoping meeting, if one is planned
and the details of time and place
are known; otherwise, if and when a
scoping meeting is scheduled, a
separate notice is published at
least 30 days in advance of the
meeting.
Notice of Availability Announces the availability EPA drafts and publishes
(NOA) announces the availability of of the DEIS and FEIS. the NOA in Federal Register.
a DEIS or an FEIS. Provides information about FAA publishes NOA in local
where to review copies and send press.
comments.
----------------------------------------------------------------------------------------------------------------
505. Scoping
a. Scoping is an early and open process for determining the scope
of issues to be addressed and identifying the significant issues
related to a proposed action (40 CFR 1501.7). It is an important and
required, part of the EIS process. The purpose of scoping is to
identify significant environmental issues to be analyzed in greater
depth, de-emphasize issues that are significant or which have been
covered by prior environmental review, and set the temporal and
geographic boundaries of the EIS. Scoping also allows the responsible
FAA official to identify available technical information and additional
reasonable alternatives. More importantly, information obtained from
scoping can be used to insure that planning and decisions reflect
environmental values and that delays and conflicts are reduced later in
the process. A scoping meeting often will be appropriate when the
impacts of a particular action are confined to specific sites. There
are no requirements for a scoping meeting or for a specific number of
meetings. 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 (see Appendix 1, Analysis
of Environmental Impact Areas, and Appendix 5, Council on Environmental
Quality Scoping Guidance. If an EA has been prepared, the responsible
FAA official may use it as the vehicle for scoping. Alternatively, the
responsible FAA official may prepare a scoping document. A scoping
document is extremely useful if the scoping is done by mail or
telephone, or the proposed action'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.
b. The responsible FAA official must take the lead in the scoping
process, inviting the participation of affected Federal, State, and
local agencies, any affected Indian Tribe, the applicant of the action,
and other interested persons (including those who might not be in
accord with the action on environmental grounds), determining the
issues to be analyzed in depth, identifying other environmental review
and consultation requirements, and assigning responsibilities among
lead and cooperating agencies for inputs to the EIS. If appropriate, a
scoping meeting(s) will be held. Public notice of 30 days should be
required for a public meeting(s) or hearing(s). At the scoping meeting,
the FAA provides additional background on the action and then solicits
input from those interested and affected parties attending to:
(1) Determine the scope of analysis required within the EIS;
(2) Identify and eliminate insignificant issues and those covered
in previous environmental reviews;
(3) Identify reasonable alternatives not previously addressed; and
(4) Indicate any other EAs or EISs that have been conducted or are
planned and which are related to but not part of the action under
consideration.
c. Local units of governments, and pertinent Federal, Tribal, and
State agencies should be consulted early in the process of preparing an
EIS. Where access, intermodal transfer, or other ground transportation
issues are involved, consultation with the appropriate metropolitan
planning organization or State Department of Transportation and
compliance with State Implementation Plans under the Clean Air Act
(CAA) is important. Comments on the impacts of the proposed action will
be considered, as appropriate, in determining whether the proposed
action requires an EIS and in preparing the EIS. Consultation with
appropriate agencies also is initiated at this point.
506. EIS Format
The FAA's standard EIS format, which follows the format prescribed
in CEQ regulations (40 CFR 1502.10), is outlined below. An overview is
presented in Figure 5-3, Environmental Impact Statement Overview.
a. Cover Page
This single page will include:
(1) A list of the responsible agencies (identifying the lead
agency);
(2) The title of the proposed action (together with the State(s)
and county(ies) where the action is located);
(3) The name, address, and telephone number of the responsible FAA
official;
(4) The designation of the statement as draft, final, or
supplement;
(5) A one paragraph abstract of the EIS with a heading as follows:
DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION; and
(6) For DEISs, a statement that this EIS is submitted for review
pursuant to
[[Page 55558]]
the following public law requirements and list those that are
applicable, such as section 102(2)(C) of the National Environmental
Policy Act of 1969, section 4(f) of the Department of Transportation
Act of 1966.
b. Executive Summary
An executive summary will be included to adequately and accurately
summarize the EIS. The summary describes the proposed action, stresses
the major conclusions, areas of controversy (including issues raised by
agencies and the public), and the issues to be resolved (including the
choice among alternatives). It also discusses major environmental
considerations and how these have been addressed, summarizes the
analysis of alternatives, and identifies any environmentally preferred,
agency preferred and sponsor preferred alternatives. It discusses
mitigation measures, including planning and design to avoid or minimize
impacts. It identifies interested agencies, lists permits, licenses,
and other approvals that must be obtained, and reflects complied with
other applicable environmental laws, regulations, and executive orders.
c. Table of Contents
The table of contents lists the chapters, figures, maps, tables,
and exhibits presented throughout the EIS. It will also list the
appendixes, if any, and the list of acronyms, glossary, references, an
index, and an errata page.
d. Purpose and Need
This section defines the proposed action and briefly specifies the
underlying purpose and need to which the agency is responding in
proposing the alternatives, including the proposed action. It presents
the problem being addressed by the proposed action, how the
alternatives would resolve the problem, and the benefits of the
proposed action. It distinguishes between the need for the proposed
action and the desires or preferences of the agency or applicant, and
essentially provides the parameters for defining a reasonable range of
alternatives to be considered.
e. Alternatives, Including the Proposed Action
This section is the substantive part of the EIS (see 40 CFR
1502.14; see also 40 CFR 1502.10(e) and paragraph 405d for more
information on alternatives). It presents a comparative analysis of the
no action alternative, the proposed action, and other reasonable
alternatives to fulfill the purpose and need for the action. It
identifies the environmentally preferred alternatives in accordance
with CEQ regulations. Alternatives not within the jurisdiction of the
lead agency, but within the jurisdiction of the Federal government,
should be considered. To provide a clear basis of choice among the
alternatives, graphic or tabular presentation of the comparative
analysis is recommended. This section also presents a brief discussion
of alternatives that were not considered and the rationale for not
analyzing them in further detail. The premise for this rationale should
be framed in terms of alternatives that are not reasonable due to their
inadequacy in meeting the purpose and need for the proposed action.
Environmentally preferred alternatives are identified based on the
information and analysis presented in the affected environment and
environmental consequences sections of the EIS. The FEIS must identify
the preferred alternative if it is other than an environmentally
preferred alternative. Other criteria may be applied to select the
preferred alternative.
f. Affected Environment
This section describes the existing environmental conditions of the
potentially affected geographic area or areas. The discussion of the
affected environment will be no longer than is necessary to understand
the effects of the alternatives; data and analyses should be presented
in detail commensurate with the importance of the impact. This section
describes other related activities (past, present or reasonably
foreseeable future actions), their interrelationships, and cumulative
impacts. It may include such items as action by the community or
citizen groups pertinent to the proposed action, or any other unique
factors associated with the action. (See paragraph 405e for other
factors that may be included in the affected environment discussion.)
g. Environmental Consequences
(1) This section forms the scientific and analytical basis for
comparing the proposed action and alternatives. The discussion of
environmental consequences will include the environmental impacts of
the alternatives including the proposed action; any adverse
environmental effects which cannot be avoided should the proposed
action be implemented; the relationship between short-term uses of
man's environment and the maintenance and enhancement of long-term
productivity; and any irreversible or irretrievable commitments of
resources which would be involved in the proposed action should it be
implemented. This section should not duplicate discussions in the
alternative section. It shall include considerations of direct and
indirect effects and their significance and possible conflicts between
the proposed action and the objectives of Federal, regional, State, and
local (and in the case of an Indian reservation, Tribal) land use
plans, policies and controls for the area concerned (see CEQ's ``40
Most Asked Questions Concerning CEQ's National Environmental Policy Act
Regulations (40 CFR 1500-1508),'' number 23, 46 FR 18026, March 23,
1981 and paragraph 405f).
(2) Specific environmental impact categories listed in appendix 1
shall be discussed to the level of detail necessary to support the
comparisons of alternatives. Impacts shall be analyzed for each
alternative, including the proposed action which is treated in detail
in this section of the EIS. The section shall include, under
appropriate impact categories, all applicable permit or license
requirements and shall indicate any known problems with obtaining them.
This section shall also provide the status of any interagency or
intergovernmental consultation required, for example, under the
National Historic Preservation Act, the Endangered Species Act , the
Coastal Zone Management Act, the American Indian Religious Freedom Act,
E.O. 13084, Government-to-Government Consultation with Indian Tribal
Governments, the Wild and Scenic Rivers Act, and the Fish and Wildlife
Coordination Act.
h. Mitigation
(1) An EIS describes mitigation measures considered or planned to
minimize harm from the proposed action. The following types of
mitigation measures will be considered: design and construction actions
to avoid or reduce impacts; design measures that reduce impacts;
management actions that reduce impacts during operation of the
facility; and replacement, restoration, and compensation measures.
(2) An EIS describes alternative mitigation measures and identifies
any that the FAA has decided to include as part of the proposed action.
Mitigation and other conditions established in the EIS, or during its
review of the EIS, and committed as part of the decision will be
implemented by the lead agency or other appropriate consenting agency.
The FAA ensures implementation of such mitigation measures through
special conditions, funding agreements, contract specifications,
directives, other review or implementation procedures,
[[Page 55559]]
and other appropriate follow-up actions in accordance with 40 CFR
1505.3. Monitoring or other follow-up review should also be described.
See paragraph 404g for additional information.
i. List of Preparers
This list includes the names, and qualifications (e.g., expertise,
experience, professional disciplines) of the FAA that were primarily
responsible for preparing the EIS or significant background material,
with credit to any contractors who assisted in preparing the EIS or
associated environmental studies.
j. List of Agencies, Organizations, and Persons to Whom Copies of the
Statement Are Sent
This list is included for reference and to demonstrate that the EIS
is being circulated, and thus, that the public review process is being
followed.
k. Index
The index reflects the key terms used throughout the EIS for easy
reference. The index includes page numbers for each reference.
l. Appendices (if any)
This section consists of material that substantiates any analysis
that is fundamental to the EIS, but would substantially contribute to
the length of the EIS or detract from the document readability, if
included in the body of the EIS. This section should contain
information about formal and informal consultation conducted, and
related agreement documents prepared, pursuant to other applicable
environmental laws, regulations, and executive orders.
m. Comments
Comments received on the DEIS are assessed and responded to in the
FEIS in any or all of the following ways:
(1) Written into the text of the FEIS.
(2) Stated in an errata sheet attached to the FEIS.
(3) Included or summarized and responded to in an attachment to the
FEIS, and if voluminous, may be compiled in a separate supplemental
volume for reference.
n. Footnotes
Footnotes include title, author, date of document, page(s) relied
upon, and footnote number used to identify where in the text, figures,
and charts of the EIS the source is used.
Figure 5-3.--Environmental Impact Statement Overview
------------------------------------------------------------------------
Public
Purpose Scope Content participation
------------------------------------------------------------------------
Provides Provides a Includes the Provide
an in-depth comprehensive following: s for a 45-day
review of the review of all Cover public comment
environmental impacts of the sheet period on the
impacts for all proposed action Executi DEIS.
major FAA and ve Summary If
actions before a alternatives, Table necessary, a
decision is including the no of Contents public hearing
made. action Purpose on the DEIS
Examines alternative. of and need for should occur
alternatives and action within 30 days
the potential Alterna of issuance.
for mitigating tives Provide
impacts considered, s for a 30-day
associated with including waiting period
those proposed action on the FEIS
alternatives. Affecte prior to
Disclose d environment issuance of the
s to the public (baseline ROD.
and the conditions)
decisionmaker Environ
the mental
alternatives, consequences of
impacts, and alternatives
mitigations. Coordin
ation--includes
list of
agencies,
organizations
and persons to
whom copies of
the EIS are
sent
List of
preparers
Index
Appendi
ces
Summary
of public
comments on
DEIS Exceptions
are permitted
if the
responsible FAA
official
determines that
there is a
compelling
reason to
change the
standard
format.
------------------------------------------------------------------------
507. Timing of Actions
The comment period for a DEIS is 90 days from the date of filing
with EP; however, if the FEIS is filed within the 90-day period, the
comment period can be reduced to not less than 45 days. Thus, a comment
period of at least 45 days for public review is required (see 40 CFR
1506.10(c)). If a public hearing or public meeting is held, the
timeframe includes 30 days for review of the DEIS, prior to the public
hearing, and 15 days to allow for comments following the public
hearing. The number of days is determined from the date that the NOA is
available for review by the public (e.g., newspaper, Federal Register).
EPA may receive a 30-day extension of prescribed periods upon request
to the lead agency, or may upon a showing by the lead agency of
compelling reasons of national policy reduce or, after consultation
with the lead agency, extend prescribed periods. The lead agency may
also grant extensions upon written request by the public.
508. Draft EIS
A DEIS is prepared using the format outlined in paragraph 506.
a. Internal Review
The responsible FAA official should plan for internal review of
DEISs. For DEISs originating in the regions, the preliminary DEIS or
its relevant parts will be reviewed by affected regional program
divisions and Regional Counsel before publication, distribution, and
filing the DEIS with EPA for public review. For DEISs origininating in
headquarters, have national interest, or involve 4(f) determinations,
the preliminary DEIS will be reviewed by AGC. Internal review is to
assure that DEISs are technically and legally sufficient. Internal
review is intended to assure that the concerns of other FAA offices and
any related foreseeable agency actions by other FAA offices are
properly discussed in the DEIS. Further, internal review is intended to
assure
[[Page 55560]]
that any commitments that are the responsibility of other FAA offices
are coordinated with the appropriate action office so that these
commitments will be implemented.
b. Filing With EPA
The responsible FAA official files the DEIS with the EPA (see 40
CFR 1506.9). The EPA will subsequently publish a NOA in the Federal
Register, which will begin the 90-day period after which the Federal
action can be taken. EPA's Office of Federal Activities (OFA) has the
responsibility for the EIS filing process.
a. Send five copies of the DEIS to the EPA's Office of Federal
Activities (OFA).
(1) When using the regular United States mail service, send to:
U.S. Environmental Protection Agency, Office of Federal Activities,
NEPA Compliance Division, EIS Filing Section, Mail Code 2252-A, 401 M
Street, SW, Washington, D.C. 20460.
(2) When sending the FEISs by special delivery (Federal Express,
United Parcel Service, etc.) or hand carrying FEISs to the OFA, the
address is: U.S. Environmental Protection Agency, Office of Federal
Activities, NEPA Compliance Division, EIS Filing Section, Ariel Rios
Building (South Oval Lobby), Mail Code 2252-A, Room 7241, 1200
Pennsylvania Avenue, NW, Washington, D.C. 20044.
c. Public Notice
Public notice by the responsible FAA official is planned and
executed to assure that press releases, official notices, or other
appropriate media announce to the public that a DEIS has been prepared
and is being circulated and that comments on the document are being
solicited. The announcement contains information on the availability of
the DEIS and should be distributed to local media concurrent with
distribution for notice in the Federal Register with request for
immediate publication and other appropriate media coverage. The
following standard language should be used concerning public comments
in Federal Register notices announcing the availability of DEISs for
public comment and any public hearings (also for any FEISs whose
availability FAA announces in the Federal Register):
All persons interested in the proposed action are encouraged to
comment. Comments should be as specific as possible and may address the
adequacy of the proposed action or the merits of the alternatives and
mitigation being considered. In addition, Federal court decisions have
established that reviewers of EISs must structure their participation
so that it is meaningful and alerts an agency to the reviewer's
positions and contentions. Environmental objections that could have
been raised may be waived if not raised before the FEIS is issued. This
ensures that substantive comments and objections are made available to
the FAA in a timely manner so that the FAA can respond to them.
See also paragraph 208 for additional information on public
involvement.
d. Distribution and Coordination for Intergovernmental Review
(1) According to CEQ regulations, comments on the DEIS shall be
obtained from or requested of appropriate Federal, State, and local
agencies, and Tribal governments (40 CFR 1501.2(d)(2) and
1501.7(a)(1)), and from Tribal governments when the effects may be on a
reservation (40 CFR 1502.16(c), 1503.1(a)(2)(ii), 1506.6(b)(3)(ii)). A
Federal agency may include State, local, or Tribal governments which
have assumed NEPA responsibilities under section 104(h) of the Housing
and Community Development Act of 1974 (40 CFR 1508.12). Summaries of
DEISs can be put up on CEQ's home page (http://ceq.eh.doe.gov/). All
DEISs will be coordinated with the appropriate regional offices of
other Federal agencies having jurisdiction by law or special expertise.
However, DEISs that are coordinated with any component of the
Department of the Interior (DOI), Department of Commerce (DOC), or
Department of Energy (DOE) will be coordinated with the Washington,
D.C., headquarters of those departments. Coordination with the DOE is
necessary only for transportation proposals having major energy-related
consequences. See paragraph 210 for additional information on
interagency and intergovernmental review of EISs.
(2). Copies of the DEIS will be sent to::
(a) Federal, State, and local agencies, and Tribal governments when
the effects may be on a reservation.
(b) Washington, D.C., headquarters of the Department of Commerce
(one copy) and Ecology and Conservation Division of the National
Oceanographic and Atmospheric Administration (NOAA) (one copy)
(c) Washington, D.C., headquarters of the Department of Energy, if
coordination is necessary (see paragraph 508d(1)) (one copy)
(d) Department of the Interior, Office of Environmental Policy and
Compliance (12 to 18 copies of the DEIS depending on the proposed
action's geographic location and scope)
(e) EPA headquarters (five copies) and the applicable EPA regional
office (five copies)
(f) P-1 (one copy), AEE (one copy), AGC or designee (one copy), the
service director, other appropriate DOT and FAA offices;
(g) proposed action;
State and local agencies and Tribal governments (see paragraph 212
on intergovernmental and interagency coordination and consultation),
including cooperating agencies, agencies that commented substantively
on the Intergovernmental Review of Federal Programs, the Advisory
Council on Historic Preservation for actions using 106 process,
affected cities and counties, and others known to have an interest in
the action (see paragraph 208 on public involvement). For example,
various laws, regulations, and executive orders in addition to NEPA,
may also require coordination with American Indian and Alaska Native
tribes and Native Hawaiian organizations that are not Federally
recognized, and with traditional cultural leaders. Consult with AEE,
AGC, and the Office of Civil Rights (ACR) and see appendix 1,
especially section 11 on cultural resources, for more information.
f. Copies
Copies should be printed by the responsible FAA official in
sufficient quantities to meet anticipated demand for the DEIS. A fee,
not to exceed reproduction costs, may be charged for copies requested
by the public if the original set of copies is exhausted. The DEIS
should be available at local libraries or similar public depositories
having extended office hours to facilitate accessibility. Material used
in developing or referenced in the DEIS must be available for review at
the appropriate FAA office(s) or at a designated location.
g. Comment Period
See paragraph 507.
h. Comments
The responsible FAA official must take into consideration all
comments received from the public and respond to the substantive
comments in the FEIS, as discussed in paragraph 506m. Any comments on
the DEIS from the public, including comments made during public
hearings (see paragraph 208), will accompany the FEIS through the
normal internal review process. In preparing the FEIS, the DEIS will be
revised, as appropriate, to reflect comments received, issues raised
through the community involvement and public hearing process, or other
[[Page 55561]]
considerations. Copies of all substantive comment will be included in
the FEIS or as a separate, accompanying appendix. If the number of
comments is too voluminous to include, the comments may be summarized.
Relevant environmental documents, comments, and responses are part of
the agency's public record and will be made available to the public
through appropriate regional office procedures.
(1) Comments from EPA on the DEIS are categorized according to the
following criteria:
(a) Lack of Environmental Objections (LO);
(b) Environmental Concerns (EC);
(c) Environmental Objections (EO); or
(d) Environmental Unsatisfactory (EU).
(2) The statement adequacy also is categorized by EPA as:
(a) Adequate (1);
(b) Insufficient Information (2); or
(c) Inadequate (3).
509. Review and Approval of FEIS
It is during the EIS process that environmental issues are defined
and mitigation determined. Any unresolved environmental issues and
efforts to resolve them through further consultation will be identified
and discussed in the FEIS. The FEIS will reflect that there has been
compliance with the requirements of all applicable environmental laws,
regulations, executive orders, and agency orders, such as section 4(f)
of the DOT Act. If such compliance is not possible by the time of FEIS
preparation, the FEIS will reflect consultation with the appropriate
agencies and provide reasonable assurance that the requirements can be
met. CEQ regulations, however, strongly encourage early integration of
these processes to provide for meaningful public comment and to
streamline environmental review and permitting or approval processes.
a. Internal review is coordinated as follows:
(1) FEISs originating in headquarters. The office or service
director shall send a copy of the FEIS to AEE and AGC to review for
legal sufficiency and concurrence. After the office or service director
approves the FEIS, the responsible FAA official will file it with EPA
(see paragraphs 509a(6) and 512).
(2) FEISs originating in the fields, and not subject to
headquarters' concurrence. The Regional Administrator or Center
Director, or designee, shall approve and file the FEIS with EPA,
following review for legal sufficiency by the Regional Counsel and
concurrence.
(3) FEISs originating in regions or centers, but when headquarters
concurrence is requested. The Regional Administrator or Center
Director, or designee, shall approve the FEIS and submit it to the
appropriate service or office director. Following approval, the FEIS
will be filed with EPA (see paragraph 510a(2)).
(4) FEISs originating in regions or centers, but where authority to
approve the FEIS is retained in headquarters. The applicable division
manager or center shall send the proposed FEIS to the appropriate
headquarters' office or service director. The office or service will
provide the FEIS to AGC and AEE for review. Following approval, the
FEIS will be filed with EPA. Presently, approval for these types of
FEISs is being delegated, if comments on the DEIS have been
incorporated.
(5) FEISs involving mandatory findings involving section 4(f),
wetlands, floodways or floodplains, air quality, historic and
archeological resources protected by section 106, and Federally listed
endangered and threatened species. These FEISs are subject to legal
review for legal sufficiency in headquarters or in the region where the
environmental document is to be approved.
(6) For highly controversial FEISs requiring headquarters' review
and concurrence. The Office of the Assistant Secretary for
Transportation Policy
(P-1) and the DOT Office of General Counsel (C-1) will be notified that
the FEIS is under review and be provided with a copy of the summary
section contained in the FEIS. P-1 and C-1 also will be given at least
two weeks notice before approval of the highly controversial FEIS.
b. FEIS Approval
(1) The following declaration shall be added to the summary:
After careful and thorough consideration of the facts contained
herein and following consideration of the views of those Federal
agencies having jurisdiction by law or special expertise with respect
to the environmental impacts described, the undersigned finds that the
proposed Federal action is consistent with existing national
environmental policies and objectives as set forth in section 101(a) of
the National Environmental Policy Act of 1969.
Other required environmental findings and conclusions must be
included here, if not included in the body, or at the end of, the EIS.
(2) Signature and date blocks will be provided for the
decisionmaker's approval and may also be provided for the concurrences
of other appropriate offices.
510. Notice of Availability of FEIS
When the lead agency files the FEIS with the EPA, the EPA prepares
and publishes a NOA. The FAA can make a final decision to act no sooner
than 30 days after the EPA notice of filing is published in the Federal
Register (40 CFR 1506.10). EPA may obtain a 30-day extension. The
responsible FAA official may also extend the waiting period or, with
the approval of P-1, request EPA to reduce this period for compelling
reasons of national policy (40 CFR 1506.10(d)). The primary purpose for
this waiting period is to provide for any pre-decision referral process
for resolving interagency disagreements (40 CFR 1504.3). The purpose is
not for receiving and incorporating public comments. If the responsible
FAA official anticipates public comments on findings in the FEIS, the
FAA should address these before the FEIS is approved, distributed, and
filed. Further, if anyone fails to comment on an issue that reasonably
could have been raised earlier (through scoping and DEIS comment
period(s)), their comments need not prevail or delay the final
decision. At the conclusion of the 30-day waiting period, the
decisionmaker issues the final decision in a ROD (see paragraph 514)
and may begin implementing the proposed action.
511. Distribution of Approved FEIS
The originating FAA region, center or service simultaneously
distributes the approved FEIS as follows:
a. Send five copies to the EPA Office of Federal Activities (OFA).
(1) When using the regular United States mail service, send to:
U.S. Environmental Protection Agency, Office of Federal Activities,
NEPA Compliance Division, EIS Filing Section, Mail Code 2252-A, 401 M
Street, SW, Washington, D.C. 20460.
(2) When sending the FEISs by special delivery (Federal Express,
United Parcel Service, etc.) or hand carrying FEISs to the OFA, the
address is: U.S. Environmental Protection Agency, Office of Federal
Activities, NEPA Compliance Division, EIS Filing Section, Ariel Rios
Building (South Oval Lobby), Mail Code 2252-A, Room 7241, 1200
Pennsylvania Avenue, NW, Washington, D.C. 20044.
b. Five copies to the appropriate regional office of EPA (one copy,
if categorized as LO-1 per paragraph 508h of this order).
[[Page 55562]]
c. One copy of the FEIS to each of the following: the office
director; Regional Administrator; and AEE.
d. One copy of the approved FEIS will be sent to the DOT Office of
the Assistant Secretary for Transportation Policy , Environmental
Policies Team, P-130.
e. A copy of the FEIS also will be sent to:
(1) Each Federal, Tribal, State, and local agency and to private
organizations that made substantive comments on the DEIS and to
individuals who requested a copy of the FEIS or who made substantive
comments on the DEIS;
(2) DOI (6 to 9 copies of the FEIS depending on the action's
geographic location and scope) at the following address: Director,
Office of Environmental Policy and Compliance, U.S. Department of the
Interior, Main Interior Building, MS 2340, 1849 C Street, N.W.,
Washington, D.C. 20240.
(3) For transportation proposals having major energy-related
consequences, one copy will be sent to DOE headquarters.
f. Adequate number of copies (varies by State) to the appropriate
State-designated single point of contact (or specific agency contacts
when States have not designated a single contact point), unless
otherwise designated by the governor.
g. Additional copies will be sent to accessible locations to be
made available to the general public, including headquarters and
regional offices; and State, metropolitan, and local public libraries
to facilitate accessibility.
h. FEISs, comments received, and supporting documents will be made
available to the public without charge to the fullest extent practical
or at a reduced charge, which is not more than the actual cost of
reproducing copies, at appropriate agency office(s) or at a designated
location.
512. Record of Decision (ROD)
Following the review periods described in 40 CFR 1506.10 (i.e., 90
days from DEIS Notice of Availability (NOA) issuance and 30 days for
FEIS NOA issuance), the agency's decisionmaker may make a decision on
the Federal action. The ROD presents the agency's official decision on
the action and identifies applicable mitigation and monitoring actions
required (see 40 CFR 1505.2). The ROD may discuss preferences among
alternatives based on relevant factors including economic and technical
considerations and agency statutory missions. The ROD shall identify
and discuss all factors including any essential considerations of
national policies which were balanced by the agency in making its
decision and state how those considerations entered into the decision.
The ROD shall state whether all practicable means to avoid or minimize
environmental harm from the alternatives selected have been adopted,
and if not adopted, why they were not adopted. The draft ROD should
accompany the proposed FEIS during the internal review prior to
approval only when headquarters' concurrence is required. The
decisionmaker must obtain concurrence before approving the ROD. After
approving the ROD, the decisionmaker may begin implementing the
selected action. Figure 5-4, Record of Decision Overview, presents an
overview of the components of a ROD.
Figure 5-4.--Record of Decision Overview
------------------------------------------------------------------------
Public
Purpose Scope Content participation
------------------------------------------------------------------------
Announces the States States Provides a
FAA's decision the FAA's the FAA's notice of the
regarding the decision and the preferred decision to the
proposed major basis for the alternative. public.
action. decision. Identif
Summariz ies all
es the FEIS alternatives
analyses and considered by
selected the FAA.
mitigation States
measures. whether all
precautions to
avoid or
minimize harm
to the
environment
were
considered, and
if not,
explains why
environmental
precautions
would not be
taken.
Explain
s, when
appropriate,
the mitigation
implementation
responsibilitie
s.
Makes
appropriate
findings
required by
executive
order,
regulation, or
law (e.g.,
4(f), wetlands,
etc.).
------------------------------------------------------------------------
a. Regional Administrators are responsible for signing RODs where
proposed actions cross regional or program lines. The lead regional
operating division responsible for preparing and approving the FEIS
will make this determination, obtain regional counsel concurrence, and
facilitate signature by the appropriate decisionmaker. Subject to
program-specific procedures for NEPA compliance, the division manager
is responsible for signing RODs that do not cross regional or program
lines.
b. Any mitigation measure that was made a condition of the approval
of the FEIS must be included in the ROD. RODs can be used to set forth
the conditions required for the approval of the action, and to state
mitigation measures that will be taken. A monitoring and enforcement
program shall be adopted and summarized where applicable for any such
mitigation. Proposed changes in or deletions of mitigation measures
that were a condition of approval of the FEIS must be reviewed by the
same agency offices that reviewed the FEIS and must be approved by the
FEIS approving official.
c. Based on comments received on the FEIS, the decisionmaker may
choose to take an action that was included within the range of
alternatives of an approved FEIS but was neither the environmentally
preferred alternative(s) nor the agency's preferred alternative as
identified in the FEIS. In these cases, the decisionmaker must
circulate the revised draft ROD for coordination and concurrence with
the same agency offices that reviewed the FEIS. These offices may
concur without comment,
[[Page 55563]]
may concur on the condition that specific mitigation measures be
incorporated in the ROD, may request that a supplement to the FEIS be
prepared and circulated, or may non-concur. The decisionmaker cannot
approve the Federal action over a non-concurrence.
d. If the decisionmaker selects an alternative that involves other
environmental law, regulations, or executive orders, such as those
related to section 4(f) land, Federally listed endangered species,
wetlands, historic sites, the agency must first complete any required
evaluation and consultation, including supplementing the original FEIS
and making the appropriate finding, prior to taking the action.
Supplements to FEISs will be reviewed and approved in the same manner
as the original document, and a new draft ROD should be prepared,
circulated, and approved. A copy of the ROD should be forwarded with
the FEIS to AEE-1 for their files.
e. Although the CEQ regulations do not require publication of a
notice of availability of the ROD in the Federal Register except for
actions of national concern, the ROD must be made available to the
public pursuant to 40 CFR 1506.6(b) (see CEQ's ``40 Most Asked
Questions Concerning CEQ's National Environmental Policy Act
Regulations (40 CFR 1500-1508),'' 46 FR 18026, March 23, 1981). The
responsible FAA official may publish a notice of a ROD in the Federal
Register for actions not of national concern. Additional information on
public involvement may be found in paragraph 208, and by contacting AEE
(Environment & Energy Team, AEE-200) and AGC (Environmental Law Branch,
AGC-620).
513. Tiering and Programmatic EISs
Program offices shall, to the extent practicable, build upon prior,
broad EAs or EISs (see paragraph 500d(4)). For example, long-term
developmental EISs and broad system, program, or regional EISs may be
incorporated by reference in support of project-specific EISs. The
purpose of tiering is to eliminate repetition and facilitate analysis
of issues at the appropriate level of detail. Programmatic EISs are
tailored to particular program needs and, in practice, only need to be
used to assist a program in environmental documentation vis-a-vis site-
or action-specific documentation (see 40 CFR 1502.20 and 1508.28 and
paragraph 409).
514. Time Limits for EISs
The time limits established for all FAA EISs, including
programmatic EISs, are contained in this paragraph.
a. A DEIS may be assumed valid for a period of three years. If the
proposed FEIS is not submitted to the approving official within three
years from the date of the DEIS circulation, a written reevaluation of
the draft will be prepared by the responsible FAA official to determine
whether the consideration of alternatives, impacts, existing
environment, and mitigation measures set forth in the DEIS remain
applicable, accurate, and valid. If there have been changes in these
factors that would be significant in the consideration of the proposal,
a supplement to the DEIS or a new DEIS will be prepared and circulated.
b. For approved FEISs, three sets of conditions have been
established:
(1) If major steps toward implementation of the proposed action
(such as the start of construction, substantial acquisition, or
relocation activities) have not commenced within three years from the
date of approval of the FEIS, a written reevaluation of the adequacy,
accuracy, and validity of the FEIS will be prepared by the responsible
FAA official (unless EIS tiering is being used). If there have been
significant changes in the proposed action, the affected environment,
anticipated impacts, or proposed mitigation measures, a new or
supplemental FEIS will be prepared and circulated.
(2) If the proposed action is to be implemented in stages or
requires successive Federal approvals, a written reevaluation of the
continued adequacy, accuracy, and validity of the FEIS will be made at
each major approval point that occurs more than three years after
approval of the FEIS and a new or supplemental EIS prepared, if
necessary.
(3) If the proposed action has been restrained or enjoined by court
order or legislative process after approval of the FEIS, the 3-year
period may be extended by the time equal to the duration of the
injunction, restraining order, or legislative delay.
515. Written Reevaluation
a. The preparation of a new EIS is not necessary when it can be
documented that the:
(1) Proposed action conforms to plans or projects for which a prior
EIS has been filed;
(2) Data and analyses contained in the previous EIS are still
substantially valid; and
(3) Pertinent conditions and requirements (all) of the prior
approval have, or will be, met in the current action.
b. This evaluation, signed by the responsible FAA official, will
either conclude the contents of previously prepared environmental
documents remain valid or that significant changes require the
preparation of a supplement or new EIS.
c. The written re-evaluation should be reviewed internally
according to the provisions of paragraph 509 for review and concurrence
of FEISs.
516. Revised or Supplemental EISs
a. The agency prepares supplements to either DEISs or FEISs if the
agency makes substantial changes in the proposed action that are
relevant to environmental concerns, or there are significant new
circumstances or information relevant to environmental concerns and
bearing on the proposed action or its impacts. Significant information
is information that paints a dramatically different picture of impacts
compared to the description of impacts in the EIS. The agency also may
prepare supplements when the purposes of NEPA will be furthered by
doing so.
b. The agency prepares, circulates, and files a supplement to a
DEIS or FEIS in the same fashion as the original DEIS or FEIS, unless
alternative procedures are approved by the CEQ. If, however, there are
compelling reasons to shorten time periods, the agency may consult with
CEQ (see paragraph 513). Scoping should be considered, but is not
required.
c. The preparation of a new EIS is not necessary when the proposed
action conforms to plans or projects for which a prior EIS has been
filed, the data and analyses contained in the previous EIS are still
substantially valid, and that all pertinent conditions and requirements
of the prior approval have or will be met in the current action. This
evaluation, signed by the responsible FAA official, will either
conclude that the contents of previously prepared environmental
documents remain valid or that significant changes require the
preparation of a supplement or new environmental document. If a
supplement changes a ROD, a new ROD should be issued after the
supplement has been reviewed for 30 days.
d. The responsible FAA official may also publish periodic fact
sheets to inform the public of the status of the EIS or other
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 should
notify EPA to ensure that the official log is
[[Page 55564]]
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).
517. Referrals to Council on Environmental Quality
The CEQ may serve as a mediator in interagency disagreements over
proposed Federal actions that might cause unsatisfactory environmental
effects. If a commenting agency determines that an action is
environmentally unsatisfactory, the matter may be referred to CEQ
during the 30-day period after filing the FEIS. When the responsible
FAA official receives a notice of intended referral from the commenting
agency, the responsible FAA official will provide P-1 (the Office of
the Assistant Secretary for Transportation Policy) and AEE with a copy
of the notice. (Airports personnel will alert APP-600 if a referral
notice is received.) In the event of referral to CEQ by a commenting
agency, the responsible FAA official forwards a proposed response to
AEE within 10 days of referral. The response must address fully the
issues raised in the referral and be supported by evidence. AEE will
obtain P-1's concurrence on the proposed response. (APP-600 also will
obtain P-1 concurrence for airports' actions). The response then will
be sent to CEQ within 20 days of the referral.
518. Review and Adoption of Environmental Impact Statements Prepared by
Other Agencies
Other Federal, Tribal, State, or local agencies may consult the FAA
for assistance in analyzing environmental impacts that fall within
FAA's functional area of responsibility. The FAA should provide its
expertise on proposals affecting aviation and other FAA
responsibilities as follows:
a. Comments will be specific in nature and organized in a manner
consistent with the structure of the draft EIS and must identify
alternatives or modifications that may enhance environmental quality or
avoid or minimize adverse environmental impacts, and will correct
inaccuracies or omissions.
b. Any agency project that is environmentally or functionally
related to the proposed action in the EIS should be identified so that
inter-relationships can be discussed in the EIS. In such cases, the
agency should consider serving as a joint lead agency or cooperating
agency.
c. Environmental monitoring for which the agency has special
expertise may be suggested and encouraged during construction, startup,
or operation phases.
d. Other agencies will generally be requested to forward their
DEISs directly to the appropriate FAA regional offices. The following
types of matters, however, will be referred to appropriate office or
service in the Washington headquarters for comment: actions with
national policy implications; proposed actions that involve natural,
ecological, cultural, scenic, historic, or park or recreation resources
of national significance; legislation; or regulations having national
impacts, or national program proposals. DEISs in these categories are
to be referred to P-1 for preparation of Department of Transportation
(DOT) comments and, where appropriate, to the appropriate office or
service in the Washington headquarters. In referring these matters to
headquarters, the regional office is encouraged to prepare a proposed
DOT response.
e. Regional offices review DEISs that do not have national
implications. Comments will be forwarded directly to the office that
the originating agency designates for receipt of comments. If the FAA
receiving office believes that another DOT office also has an interest
or is in a better position to respond, the FAA office should transmit
the DEIS to the appropriate DOT office in a timely fashion. If the FAA
and other DOT administrations comment at the regional level, the
Regional Administrator or designee may coordinate the comments.
f. When appropriate, the FAA will coordinate a response with DOT
offices having special expertise in the subject matter.
g. Comments will be submitted within the time limits set forth in
the request, unless the office responsible for submitting comments
seeks and receives an extension of time. Comments must be concise and
specify any changes desired either in the action proposed and/or in the
environmental statement.
h. FAA may adopt, in whole or in part, EISs prepared by other
agencies. When the FAA adopts an EIS in whole or in part, the
responsible FAA official must independently make a written evaluation
of the information contained in the EIS, take full responsibility for
scope and content that addresses FAA actions, and issue its own ROD.
The responsible FAA official may also summarize the adopted portions
followed by a direct reference to the EIS. If more than three years
have elapsed since the EIS was issued, the responsible FAA official
should prepare a written re-evaluation of the EIS (see paragraph 516).
Pursuant to 40 CFR 1503.3, if the responsible FAA official does not
accept an EIS prepared by another agency, the responsible FAA official
shall specify in its comments to that agency whether it (FAA) needs any
additional information or describe the mitigation measures the FAA
considers necessary to grant or approve an applicable permit, license,
or related requirements or concurrences. If the responsible FAA
official comments on the action agency's predictive methodology, the
responsible FAA official should describe the preferred alternative
methodology and explain why the FAA prefers this methodology.
519. Legislative Proposals
Before the FAA submits to the Congress a legislative proposal
significantly affecting the environment, the office that originates the
legislation will prepare, circulate, and file an EIS with EPA. The
Office of the Secretary reviews legislative EISs and submits them to
the Office of Management and Budget (OMB) for circulation in the normal
legislative clearance process.
520. Regulations
For regulations, the DEIS or FONSI shall be prepared and made
available in dockets (AGC-200) for public review at least 30 days prior
to publishing the final rule. The Notice of Availability of the DEIS
must be published at least 90 days or the Notice of Availability of the
FEIS must be published at least 30 days, whichever is later, prior to
publishing a final rule. When the DEIS is issued for public comment,
copies will be made available for public review in dockets.
521. Environmental Effects of Major FAA Actions Abroad
a. In compliance with Executive Order 12114, Environmental Effects
Abroad of Major Federal Actions, (see paragraph 210b(3) of this order,
and paragraph 16 of Order DOT 5610.1C, FAA actions significantly
affecting the global commons (e.g., the oceans and Antarctica) outside
the jurisdiction of any nation, FAA actions outside the U.S., its
territories and possessions significantly affecting natural resources
of global importance designated for protection by international
agreement, FAA actions occurring within the U.S. or its territories
that significant impact the environment of another country, or requests
for FAA action by a foreign government, manufacturer, operator, may
meet the criteria for preparing an EA, FONSI, EIS, or environmental
studies. The responsible FAA official must coordinate communications
concerning environmental studies or documentation with the State
[[Page 55565]]
Department through the Environmental Policies Team (P-130) of the
Assistant Secretary for Transportation Policy.
b. With respect to requests for FAA action, after the State
Department's notification, all FAA requests to a foreign applicant for
information, which the FAA needs to prepare an environmental study or
an EIS, should then be forwarded through the civil aviation authority
of the applicant's government. Copies of the EIS and notices of any
public hearings planned on the proposed action should be furnished to
the:
(1) Applicant;
(2) Appropriate foreign civil aviation authority; and the
(3) Washington, DC, embassy for the country where the applicant is
located or the country that the proposed action would affect.
b. Other environmental laws, regulations, and executive orders have
specific requirements regarding consideration of potential effects of
Federal actions overseas (see appendix 1). Important examples include,
but are not limited to, the following:
1. Under Executive Order 12088, Federal Compliance with Pollution
Control Standards, the FAA must ensure that construction or operation
of FAA facilities outside the United States complies with the
environmental pollution control standards of general applicability in
the host country or jurisdiction.
2. Under section 402 of the National Historic Preservation Act (16
U.S.C. 470a-2), ``[p]rior to the approval of any Federal undertaking
outside the United States which may directly and adversely affect a
property which is on the World Heritage List or on the applicable
country's equivalent of the National Register [of Historic Places], the
head of a Federal agency having direct or indirect jurisdiction over
such undertaking shall take into account the effect of the undertaking
on such property for purposes of avoiding or mitigating any adverse
effect.''
c. Any substantial differences arising in the course of the EIS
between the originating FAA organization and a foreign applicant or the
affected foreign country should be referred to AEE (for proposed
Airport actions, APP-600), which will consult with the Assistant
Administrator for Policy, Planning, and International Aviation (API) to
resolve any problems.
522. Limitation on Actions Subject to NEPA
For actions subject to an EIS 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 under this order (see 40 CFR 1502.2(f) and
1502.4(c)(3)).
a. For informal rulemaking requiring an EIS, the DEIS shall
normally accompany the proposed rule.
b. CEQ regulations specifically require that (see 40 CFR 1506.1):
(1) For projects requiring an EIS, no action concerning the
proposal shall be taken which would have an adverse environmental
impact or limit the choice of reasonable alternatives, unless the
action is justified independently of the program, is itself accompanied
by an adequate EIS, and will not prejudice the ultimate decision on the
program.
(2) Further, if the FAA is considering an application from a non-
Federal entity, and FAA is aware that the applicant is about to take an
action within the agency's jurisdiction that would have an adverse
environmental impact or limit the choice of reasonable alternatives,
the responsible FAA official shall promptly notify the applicant that
the FAA will take appropriate action to insure that the objectives and
procedures of NEPA are achieved. However, this does not preclude
development by applicants of plans or designs or performance of other
work necessary to support the application.
523.-599. Reserved
Appendix 1. Analysis of Environmental Impact Categories
Section 1. Background and How-To-Use This Appendix
According to resource impact category, this appendix summarizes the
requirements and procedures to be used in environmental impact
analysis. Executive Orders, FAA and DOT Orders, and Memoranda &
Guidance documents described in appendix 12 may also contain
requirements that apply.
The potential impact categories, presented in sections, are as
follows:
Section
2. Air Quality
3. Coastal Resources
4. Compatible Land Use
5. Construction Impacts
6. Department of Transportation Act Sec. 4(f)
7. Farmlands
8. Fish, Wildlife, and Plants
9. Floodplains and Floodways
10. Hazardous Materials, Pollution Prevention, and Solid Waste
11. Historical, Architectural, Archeological, and Cultural Resources
12. Light Emissions and Visual Impacts
13. Natural Resources, Energy Supply, and Sustainable Design
14. Noise
15. Secondary (Induced) Impacts
16. Socioeconomic Impacts, Environmental Justice, and Children's
Environmental Health and Safety Risks
17. Water Quality
18. Wetlands
19. Wild and Scenic Rivers
To effectively use this appendix, first become familiar with the
material contained in each impact area. Within each impact area, the
overview box highlights major applicable Federal statute(s),
regulations, executive orders, and guidance and the oversight agencies.
Executive Order (E.O.) 12898, Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, is
addressed in this appendix in section 16 and in appendix 10. Since
environmental justice is defined as any adverse and disproportionately
high impact on minority populations and low-income populations, this
E.O. applies to other impact categories where appropriate. Similarly,
Executive Order 13045, Protection of Children from Environmental Health
Risks and Safety Risks, is addressed in this appendix in section 16 and
applies to other impact categories where appropriate. The other related
Federal requirements that may apply were too numerous to list.
The information, however, should guide the responsible Federal
Aviation Administration (FAA) official to appropriate resources and
applicable requirements to be addressed as part of the National
Environmental Policy Act (NEPA) process. To assist in this effort, the
majority of the impact categories are divided into the following
discussion areas (paragraphs): (1) Requirements; (2) FAA
Responsibilities, and (3) Analysis of Significant Impacts. Following
the discussion of FAA responsibilities, some impact categories will
also have a discussion of significant impact thresholds if quantitative
thresholds have been established by the FAA or appropriate oversight
agencies.
Should a proposed Federal action have a potential air quality
impact, for example, review the Air Quality section of this appendix
(section 2) identify the legal references for air quality impacts.
These requirements are summarized for ease of use; however, if further
information is required, the statute, associated implementing
regulations, and FAA policy should be reviewed with the staff of the
Office of the Chief Counsel and/or regional counsel
[[Page 55566]]
support and through coordination with appropriate Federal and State
agency personnel.
Once the standards and relationship of the requirements to the
project are understood, the thresholds for adverse effect established
by oversight agencies should be reviewed. This section summarizes the
impact threshold used by the FAA to determine significance of the
effects of the proposed action where such thresholds have been
established. For example, the FAA has issued guidance in determining
the scope and context of potential noise impacts, and thus, whether
noise increases require preparation of an EIS.
The final section, the analysis of impacts, provides guidance on
the types and levels of evaluation when the impact is determined to be
significant. It includes further information on consultations, studies,
and identification of mitigation alternatives and monitoring actions.
Within each applicable impact category, alternative mitigation
measures are identified that should be followed except as otherwise
provided under the procedures of section 176(c) of the Clean Air Act,
section 106 of the National Historic Preservation Act, and other
special purpose environmental laws.
Section 2.--Air Quality
----------------------------------------------------------------------------------------------------------------
Statute Regulation Oversight agency
----------------------------------------------------------------------------------------------------------------
Clean Air Act (CAA), as amended Title 40 Code of Federal Regulations Environmental Protection Agency.
[42 United States Code (U.S.C.) 7401- (CFR) parts 9, 50-53, 60, 61, 66,
7671] 67, 81, 82, and 93 (which includes
[Public Law (PL) 91-604, PL 101-549] General Conformity)
Revision of Title 49, .................................... Federal Aviation Administration.
Transportation, U.S.C.
46106(c)(1)(B), as amended
(formerly sections 509(B)(5) and
(B)(7) of the Airport and Airway
Improvement Act of 1982, as
amended, PL 97-248)
[49 U.S.C. 47106(c)(1)(B)]
[PL 103-272, as amended]
----------------------------------------------------------------------------------------------------------------
2.1 Requirements
Three primary laws apply to air quality: NEPA, the Clean Air Act
(CAA), and 49 U.S.C. 47106(c)(1)(B). As a Federal agency, the FAA is
required under NEPA to prepare an environmental document (e.g.,
environmental impact statement (EIS) or environmental assessment (EA))
for major Federal actions that have the potential to affect the quality
including air quality of the human environment). An air quality
assessment prepared for inclusion in a NEPA environmental document
should include an analysis and conclusions of a proposed action's
impacts on air quality.
The CAA established National Ambient Air Quality Standards (NAAQS)
for six pollutants, termed criteria pollutants. The six pollutants are:
carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO2),
ozone (O3), particulate matter (PM-10 and PM-2.5), and
sulfur dioxide (SO2). The CAA requires each State to adopt a
plan to achieve the NAAQS for each pollutant within timeframes
established under the CAA. These air quality plans, known as State
implementation plans (SIP), are subject to Environmental Protection
Agency (EPA) approval. In default of an approved SIP, the EPA is
required to promulgate a Federal implementation plan (FIP).
Title 49 U.S.C. 47106(c)(1)(B) provides that the DOT/FAA may not
approve a grant application for an airport development project
involving the location of the airport, runway, or major runway
extension, unless the Governor of the State in which the project will
be located certifies that there is reasonable assurance that the
project will be located, designed, constructed, and operated in
compliance with applicable air quality standards. Certification must be
obtained from the Governor of the State prior to FAA approval of the
project. Alternatively, unless delegation is prohibited under
applicable State law, certification may be obtained from a State
official to whom the Governor has expressly delegated, in writing, his
or her authority in this area.
When a NEPA analysis is needed, the proposed action's impact on air
quality is assessed by evaluating the impact of the proposed action on
the NAAQS. The proposed action's build and no-build emissions are
inventoried for each reasonable alternative. The inventory should
include both direct and indirect emissions that are reasonably
foreseeable. Normally, further analysis would not be required for
pollutants where emissions do not exceed general conformity thresholds.
However, based on the nature of the project and consultation with State
and local air quality agencies additional analysis may be deemed
appropriate. If there are any questions about whether additional
analysis is reasonable, contact the appropriate headquarters office and
the Office of Environment and Energy. If required, the emissions for
the proposed action then are translated into pollutant concentrations
using a dispersion model. Depending on the project, this step can be
data and computation intensive. Once dispersion modeling has been
performed, pollutant concentrations are combined with background
pollutant concentrations and compared to the NAAQS. If concentrations
do not exceed the NAAQS, then the analysis is complete. If
concentrations exceed the NAAQS, emissions must be mitigated or offset,
or the action redesigned to reduce emissions.
In addition to NEPA, General Conformity, and grant funding
requirements, there may be State and local air quality requirements to
consider. These requirements can include, but are not limited to,
provisions such as State indirect source regulations and State air
quality standards.
Section 176(c) of the CAA, as amended in 1990, requires that
Federal actions conform to the appropriate Federal or State air quality
plans (FIPs or SIPs) in order to attain the CAA's air quality goals.
Section 176(c) states:
``No department, agency, or instrumentality of the Federal
Government shall engage in, support in any way or provide financial
assistance for, license or permit, or approve, any activity which does
not conform to an implementation plan.''
Conformity is defined as conformity to the implementation plan's
purpose of eliminating or reducing the severity and number of
violations of the NAAQS and achieving expeditious attainment of
[[Page 55567]]
such standards, and that such Federal activities will not:
a. Cause or contribute to any new violation of any standard in any
area.
b. Increase the frequency or severity of any existing violation of
any standard in any area.
c. Delay timely attainment of any standard or any required interim
emission reductions or other milestones in any area.
The CAA 1990 Amendments required the EPA to issue rules that would
ensure Federal actions conform to appropriate FIP or SIP. A final rule
for determining conformity of general Federal actions (40 CFR part 93,
subpart B) was published in the Federal Register (FR) on November 30,
1993, and became effective January 31, 1994. In addition, 40 CFR part
51, subpart W specifies requirements for conformity which States must
include in their respective SIP's. Once a SIP conformity provision has
been approved by EPA, the State conformity requirements included in the
SIP apply. EPA issued separate rules addressing conformity of highway,
roadway, and transit plans and projects (40 CFR part 93, subpart A, and
40 CFR part 51, subpart T) on November 15, 1993. The remaining
conformity discussion addresses only General Conformity since FAA
actions are subject to this rule, although projects involving airport
access may also be subject to some provisions of Transportation
Conformity.
The General Conformity Rule establishes the procedures and criteria
for determining whether certain Federal actions conform to State or EPA
(Federal) air quality implementation plans. To determine whether
conformity requirements apply to a proposed Federal action, the
following must be considered: the non-attainment or maintenance status
of the area; type of pollutant or emissions; exemptions from conformity
and presumptions to conform; the project's emission levels; and the
regional significance of the project's emissions. FAA actions are
subject to the General Conformity Rule. Projects involving airport
access that fall under 23 U.S.C. or the Federal Transit Act may also be
subject to some provisions of Transportation Conformity.
General conformity requirements are distinct from NEPA
requirements. For example, NEPA may require FAA to analyze several
alternatives in detail. If a general conformity determination is
required, only the proposed action must be addressed. General
conformity, like other environmental requirements, should be integrated
into the NEPA process as much as possible. For example, the draft
conformity determination should be issued along with any required draft
EIS for public comment. However, there may be valid reasons to address
general conformity separately rather than concurrently.
The General Conformity Rule only applies in areas that EPA has
designated non-attainment or maintenance. A non-attainment area is any
geographic area of the U.S. that experiences a violation of one or more
NAAQS. A maintenance area is any geographic area of the U.S. previously
designated non-attainment for a criteria pollutant pursuant to the CAA
Amendments of 1990 and subsequently re-designated to attainment.
The rule covers direct and indirect emissions of criteria
pollutants or their precursors from Federal actions that meet the
following criteria:
a. Reasonably foreseeable, and
b. Can practicably be controlled and maintained by the Federal
agency through continuing program responsibility.
Certain Federal actions are exempt from the requirement of the
General Conformity Rule because they result in no emissions or
emissions are clearly below the rule's applicability emission threshold
levels. These include, but are not limited to:
a. Continuing and recurring activities such as permit renewals.
b. Routine maintenance and repair activities.
c. Routine installation and operation of aviation and maritime
navigation aids.
d. Administrative actions.
e. Planning studies and provision of technical assistance.
f. The routine, recurring transportation of materiel and personnel.
g. Transfers of land, facilities, and real properties.
h. Actions affecting an existing structure where future activities
will be similar in scope to activities currently being conducted.
i. Enforcement and inspection activities.
j. Air traffic control activities and adopting approach departure
and en route procedures for air operations.
The General Conformity Rule provides a provision that permits
agencies to develop a list of actions presumed to conform which would
be exempt from the requirements of the rule unless regionally
significant (discussed below). To date, FAA does not have a list of
actions that are presumed to conform. Notification of such a list and
the basis for the presumption of conformity will be published in the
Federal Register.
A conformity determination is not required if the emissions caused
by the proposed Federal action are not reasonably foreseeable; if the
emissions caused by the proposed Federal action cannot practicably be
controlled and maintained by the Federal agency through its continuing
program responsibility; if the action is listed as exempt or presumed
to conform; or if the action is below the emission threshold (de
minimis) levels. The emission threshold levels are defined in the
General Conformity Rule. If a Federal action is not exempt or presumed
to conform, the project's emissions must be analyzed with regard to
conformity applicability emission levels. The rule established the
threshold emission levels (annual threshold levels) to identify those
actions with the potential to have significant air quality impacts. If
the project's emissions are below annual threshold levels (de minimis
levels) and are not regionally significant, then the requirements of
the general conformity regulation do not apply to the Federal action or
project (and therefore, a conformity determination is not required).
In determining whether emission threshold levels are exceeded (and
a conformity determination required), agencies must consider direct and
indirect emissions. Direct emissions are those that are caused by or
initiated by the Federal action and occur at the same time and place as
the action. Indirect emissions are those caused by the Federal action,
but that occur later in time and/or may be removed in distance from the
action. Temporary construction emissions must be considered in
determining whether emission threshold levels are exceeded. (See EPA
General Conformity Questions and Answers, dated November 1994.)
In addition, the General Conformity Rule adopted the exclusive
definition of indirect emissions, which excludes emissions that may be
attributable to the Federal action, but that the FAA has no authority
to control. The FAA is responsible for assessing only direct and
indirect emissions of criteria pollutants and precursors that are
caused by a Federal action, are reasonably foreseeable, and can
practicably be controlled by the FAA through its continuing program
responsibility. The FAA may compare emissions with and without the
proposed Federal action during the year in which emissions are
projected to be greatest in determining whether emission threshold
levels are exceeded.
If a Federal action does not exceed the threshold levels or is
presumed to
[[Page 55568]]
conform, it may still be subject to a general conformity determination
if it has regional significance. If the total of direct and indirect
emissions of any pollutant from a Federal action represent 10 percent
or more of a maintenance or non-attainment area's total emissions of
that pollutant, the action is considered to be a regionally significant
activity and conformity rules apply. Parts of the overall Federal
action that are exempt from conformity requirements (e.g., emission
sources covered by New Source Review) should not be included in the
analysis. The purpose of the regionally significant requirement is to
capture those Federal actions that fall below threshold levels, but
have the potential to impact the air quality of a region.
When it has been determined that a proposed Federal action is not
exempt, presumed to conform, exceeds emission threshold levels, or is
regionally significant, the agency must prepare a conformity
determination based on analysis using criteria stated in EPA's General
Conformity Rule (40 CFR part 93 (58 FR 63250, November 30, 1993)).
A proposed action cannot be approved or initiated unless conformity
does not apply or a positive conformity determination is issued (i.e.,
the action conforms to the SIP). If initial analysis does not indicate
a positive conformity determination, alternative actions (including
mitigation measures as part of the action) should be considered and
further consultation, analysis, and documentation will be necessary.
2.2 FAA Responsibilities
The FAA has a responsibility under NEPA to include in its EA or EIS
sufficient analysis to disclose the potentially significant impact of a
proposed action on the attainment and maintenance of air quality
standards established by law or administrative determination.
It is also the FAA's affirmative responsibility under section
176(c) of the CAA to assure that its actions conform to applicable
SIPs. Before the FAA can fund or support in any way any activity, it
must address the conformity of the action with the applicable SIP using
the criteria and procedures prescribed in the General Conformity Rule
or applicable SIP.
In conducting air quality analysis for purposes of complying with
NEPA or conformity, the FAA requires use of the Emissions and
Dispersion Modeling System (EDMS) model for aviation sources (aircraft,
auxiliary power units, and ground support equipment). The EPA accepted
EDMS as a formal EPA preferred guideline model in 1993. An order form
for the EDMS software and user's guide can be obtained from the EDMS
Internet Site or by writing the EDMS Program, Federal Aviation
Administration, Office of Environment and Energy, Rm. 902W, 800
Independence Ave., S.W., Washington, D.C. 20591.
If the proposed action either will not conform with the SIP or
there is potential for the proposed action to cause the area to exceed
the NAAQS, then further consultation, analysis, and documentation will
be required in an EA or EIS and conformity determination document.
2.3 Significant Impact Thresholds
(No specific thresholds have been established.)
2.4 Analysis of Significant Impacts
When the analysis indicates potentially significant air quality
impacts, it may be necessary to consult further with State or regional
air quality officials and/or with EPA. It also is advisable to include
such officials in the EIS scoping process to represent cooperating
agencies with air quality expertise. These officials will help identify
specific analyses needed, alternatives to be considered, or mitigation
measures to be incorporated in the action.
Air Quality Assessment Procedures. NEPA, the CAA Amendments of
1990, and 49 U.S.C. 47106(c)(1)(B) have separate requirements and
processes; however, their steps can be integrated and combined for
efficiency. Also, an air quality analysis can require the coordination
of many different agencies. Such coordination and subsequent analysis
takes time; therefore, air quality impacts should be addressed as early
as practicable when preparing an EA or EIS. For more detailed guidance
on air quality procedures see the FAA's Air Quality Procedures for
Civilian Airports and Air Force Bases, April 1997.
Modeling Requirements. The EDMS is FAA's required methodology for
performing air quality analysis modeling for aviation sources. EDMS
also offers the capability to model other airport emission sources that
are not aviation-specific, such as power plants, fuel storage tanks,
and ground access vehicles.
Except for air toxics or where advance written approval has been
granted to use an equivalent methodology and computer model by the FAA
Office of Environment and Energy, the air quality analyses for aviation
emission sources from airport and FAA proposed projects conducted to
satisfy NEPA, general conformity, and 49 USC 47106(c) requirements
under the Clean Air Act must be prepared using the most recent EDMS
model available at the start of the environmental analysis process. In
the event that EDMS is updated after the environmental analysis process
is underway, the updated version of EDMS may be used to provide
additional disclosure concerning air quality but use is not required. A
complete description of all inputs, particularly the specification of
non-default data, should be included in the documentation of the air
quality analysis.
Users also must provide one copy of EDMS input files used in the
analysis and the corresponding output files to the responsible FAA
official on magnetic media specified by the FAA official.
As stated above, EDMS currently is not designed to perform air
toxic analyses for aviation sources, and may be supplemented with other
air toxic methodology and models in consultation with the appropriate
FAA regional program office. Use of supplemental methodology and models
for more refined analysis of non-aviation sources also is permitted in
consultation with the appropriate FAA regional program office.
All input data should be collected early in the environmental
process and should reflect the latest available data. Assistance from
the FAA Office of Environment and Energy is available on a case-by-case
basis by request through the respective headquarters operating office.
[[Page 55569]]
Section 3. Coastal Resources
----------------------------------------------------------------------------------------------------------------
Statute Regulation Oversight agency
----------------------------------------------------------------------------------------------------------------
Coastal Barrier Resources Act of U.S. Department of Interior Coastal Fish and Wildlife Service.
1982 as amended by the Coastal Barrier Act Advisory Guidelines, 43 Federal Emergency Management Agency.
Barrier Improvement Act of 1990 CFR subtitle A
[16 U.S.C. 3501-3510] (48 FR 45664)
[PL 97-348]
Coastal Zone Management Act as 15 CFR part 930, subparts C and D National Oceanic and Atmospheric
amended 15 CFR part 923 Administration, Office of Coastal
[16 U.S.C. 1451-1464] Zone Management.
[PL 92-583] Appropriate State CZM Agency.
Executive Order 13089, Coral Reef National Oceanic and Atmospheric
Protection (63 FR 32701, June 16, Administration.
1998)
----------------------------------------------------------------------------------------------------------------
3.1 Requirements
Federal activities involving or affecting coastal resources are
governed by the Coastal Barriers Resources Act (CBRA), the Coastal Zone
Management Act (CZMA), and E.O. 13089, Coral Reef Protection. The CBRA
prohibits, with some exceptions, Federal financial assistance for
development within the Coastal Barrier Resources System that contains
undeveloped coastal barriers along the Atlantic and Gulf coasts and
Great Lakes. The CZMA and the National Oceanic and Atmospheric
Administration (NOAA) implementing regulations (15 CFR part 930)
provide procedures for ensuring that a proposed action is consistent
with approved coastal zone management programs. E.O. 13089, Coral Reef
Protection, requires Federal agencies to ensure that any actions that
they authorize, fund, or carry out will not degrade the conditions of
coral reef ecosystems.
Permits/Certificates: Not applicable.
3.2 FAA Responsibilities
CBRA. Maps specifically identifying lands included in the CBRA
system are available from the Fish and Wildlife Service (FWS) office
administering the CBRA program. If additional guidance on CBRA is
needed, refer to the Department of Interior's (DOI) CBRA Advisory
Guidelines (43 CFR Subtitle A, 48 FR 45664). If the proposed action
would occur on land within the CBRA system and involve funding for
development, the action must receive an FWS exemption from the
provisions of the CBRA. Results of consultation with FWS must be
incorporated in the environmental document. Project-related impacts on
coastal resource biotic resources and water quality may be described in
the document's CBRA section, or in the sections of the document
addressing these biotic and water quality issues.
CZMA. When a proposed action affects (changes the manner of use or
quality of land, water, or other coastal resources, or limits the range
of their uses) the coastal zone in a State with an approved coastal
zone management (CZM) program, the EA or EIS shall include the
following:
a. For Federally assisted activities or for other activities FAA
itself undertakes, the views of the appropriate State or local agency
as to the relationship of such activities with the approved State
coastal zone management program, and the determination of the State as
to whether the proposal is consistent with the approved State coastal
zone management program.
b. For issuance of a Federal license or permit, the applicant's
certification that the proposed action complies with the State's
approved Coastal Zone Management program and that such activity will be
conducted in a manner consistent with the program, and the State's
concurrence with the applicant's certification. (Approval of an airport
layout plan approval could by definition be a Federal license or
permitting action.) The State's concurrence may be presumed if the
State does not act within six months after receipt of the applicant's
certification, provided the State did not require additional
information regarding that certification.
E.O. 13089, Coral Reef Protection. Under this executive order, U.S.
coral reef ecosystems are defined to mean those species, habitats, and
other natural resources associated with coral reefs in all maritime
areas and zones subject to the jurisdiction or control of the United
States. When a proposed FAA action may affect U.S. coral reef
ecosystems, the FAA shall, subject to the availability of
appropriations, provide for implementation of measures needed to
research, monitor, manage, and restore affected ecosystems, including,
but not limited to measures reducing impacts from pollution,
sedimentation, and fishing. To the extent not inconsistent with
statutory responsibilities and procedures, these measures shall be
developed in cooperation with the U.S. Coral Reef Task Force and
fishery management councils and in consultation with affected States,
territorial, commonwealth, tribal, and local government agencies,
nongovernmental organizations, the scientific community, and commercial
interests as part of the U.S. Coral Reef Initiative.
Other statutes, regulations, and executive orders may apply such as
the Marine Protection, Research, and Sanctuaries Act of 1972, as
amended (33 U.S.C. 1401, 1402, 1411-1421, 1441-1444, and 16 U.S.C.
1431-1434), the Abandoned Shipwreck Act of 1987 (43 U.S.C. 2101 et
seq.).
3.3 Significant Impact Thresholds
(No specific thresholds have been established.)
3.4 Analysis of Significant Impacts
When a State having an approved CZM program raises an objection to
the proposed action because the action would not be consistent with the
applicable CZM plan, the FAA can not approve the action, unless the
objection is satisfied, or it is successfully appealed to the Secretary
of Commerce. The process will be normally completed prior to a
determination by the FAA of whether or not an EIS is needed for the
action. Actions of concern include:
a. The State agency objects to a FAA or sponsor consistency
certification because the proposed action is inconsistent with the
State's CZM Plan; or
b. The FAA or sponsor does not successfully appeal the State
agency's objection to the NOAA Assistant Administrator. In either of
these cases, the FAA shall not approve such an action unless it
includes State agency recommended changes that would make the proposed
action consistent with the State's CZM Plan.
If any issues remain that have not been resolved regarding the
relationship of the action to an approved CZM program, such issues are
identified in
[[Page 55570]]
the scoping process and resolved in the EIS. In this situation, the
State coastal zone management agency is invited to participate in the
scoping process.
For proposed actions determined to be inconsistent with the State's
approved program and if the project cannot be modified so that it is
consistent with the plan, the final EIS shall include a finding by the
Secretary of Commerce that the proposed action is consistent with the
purposes or objectives of the Coastal Zone Management Act or is
necessary in the interest of national security. If a finding is not
obtained from the Secretary of Commerce, the FAA can not approve the
proposed action.
CBRA. Information regarding CBRA application and funding
exceptions, including consultation with FWS, is sufficient for EIS
purposes. Any significant impacts are reported under other appropriate
impact categories.
CZMA. CZM consistency applies only to States having an approved CZM
plan. If an action would occur in a State not having an approved CZM
plan, the FAA should consult (as necessary) with State and Federal
agencies having jurisdiction over or expertise on the affected
resources to determine if additional information is needed. Discuss
impacts on these resources in sections of the environmental document
prepared for those resources.
Section 4. Compatible Land Use
----------------------------------------------------------------------------------------------------------------
Statute Regulation Oversight agency
----------------------------------------------------------------------------------------------------------------
Aviation Safety and Noise Abatement 14 CFR part 150 Federal Aviation Administration.
Act of 1979, as amended (49 U.S.C.
47501-47507)
----------------------------------------------------------------------------------------------------------------
4.1 Requirements
The compatibility of existing and planned land uses in the vicinity
of an airport is usually associated with the extent of the airport's
noise impacts. Airport development actions to accommodate fleet mix
changes or the number of aircraft operations, air traffic changes, or
new approaches made possible by new navigational aids are examples of
activities that can alter aviation-related noise impacts and land uses
subjected to those impacts. In this context, if the noise analysis
described in the noise analysis section (section 14) concludes that
there is no significant impact, a similar conclusion usually may be
drawn with respect to compatible land use. However, if the proposal
would result in other impacts exceeding thresholds of significance
which have land use ramifications, for example, disruption of
communities, relocation, and induced socioeconomic impacts, the effects
on land use shall be analyzed in this context and described accordingly
under the appropriate impact category with any necessary cross-
references to the Compatible Land Use section to avoid duplication.
For airport actions, the Compatible Land Use section of the
environmental document shall include documentation to support the
required airport sponsor's assurance under 49 USC 47107(a)(10),
formerly section 511(a)(5) of the 1982 Airport Act, that appropriate
action, including the adoption of zoning laws, has been or will be
taken, to the extent reasonable, to restrict the use of land adjacent
to or in the immediate vicinity of the airport to activities and
purposes compatible with normal airport operations, including landing
and takeoff of aircraft. The assurance must be related to existing and
planned land uses.
The Airport Development Grant Program (49 USC 47101 et seq.)
requires that a project may not be approved unless the Secretary of
Transportation is satisfied that the project is consistent with plans
(existing at the time the project is approved) of public agencies for
development of the area in which the airport is located (49 USC
47106(a)(1)).
Permits/Certificates: Not applicable.
4.2 FAA Responsibilities
FAA officials will contact the sponsor and representatives of
affected communities to encourage the development of appropriate
compatible land use measures early in the project planning stage. The
environmental document shall address what is being done by the
jurisdiction(s) with land use control authority, including an update on
any prior assurance.
Table 1 describes compatible land use information for several land
uses as a function of DNL values. The ranges of DNL values in Table 1
reflect the statistical variability for the responses of large groups
of people to noise. Any particular DNL level might not, therefore,
accurately assess an individual's perception of an actual noise
environment. Compatible or non-compatible land use is determined by
comparing the predicted or measured DNL values at a site to the values
listed in Table 1.
Table 1.--Land Use Compatibility With Yearly Day-Night Average Sound Levels
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yearly day-night average sound level (Ldn) in decibels
Land use ----------------------------------------------------------------------------------------------------------------------
Below 65 65-70 70-75 75-80 80-85 Over 85
--------------------------------------------------------------------------------------------------------------------------------------------------------
Residential
--------------------------------------------------------------------------------------------------------------------------------------------------------
Residential, other than mobile Yes............... No (\1\).......... No (\1\).......... No................ No................ No
homes and transient lodgings.
Mobile home parks................ Yes............... No................ No................ No................ No................ No
Transient lodgings............... Yes............... No (\1\).......... No (\1\).......... No (\1\).......... No................ No
--------------------------------------------------------------------------------------------------------------------------------------------------------
Public Use
--------------------------------------------------------------------------------------------------------------------------------------------------------
Schools.......................... Yes............... No (\1\).......... No (\1\).......... No................ No................ No
Hospitals........................ Yes............... 25................ 30................ No................ No................ No
Churches, auditoriums, and Yes............... 25................ 30................ No................ No................ No
concert halls.
Government services.............. Yes............... Yes............... 25................ 30................ No................ No
Transportation................... Yes............... Yes............... Yes (\2\)......... Yes (\3\)......... Yes (\4\)......... Yes (\4\)
[[Page 55571]]
Parking.......................... Yes............... Yes............... Yes (\2\)......... Yes (\3\)......... Yes (\4\)......... No
--------------------------------------------------------------------------------------------------------------------------------------------------------
Commercial Use
--------------------------------------------------------------------------------------------------------------------------------------------------------
Offices, business and Yes............... Yes............... 25................ 30................ No................ No
professional.
Wholesale and retail-building Yes............... Yes............... Yes (\2\)......... Yes (\3\)......... Yes (\4\)......... No
materials, hardware and farm
equipment.
Retail trade-general............. Yes............... Yes............... 25................ 30................ No................ No
Utilities........................ Yes............... Yes............... Yes (\2\)......... Yes (\3\)......... Yes (\4\)......... No
Communication.................... Yes............... Yes............... 25................ 30................ No................ No
--------------------------------------------------------------------------------------------------------------------------------------------------------
Manufacturing and Production
--------------------------------------------------------------------------------------------------------------------------------------------------------
Manufacturing, general........... Yes............... Yes............... Yes (\2\)......... Yes (\3\)......... Yes (\4\)......... No
Photographic and optical......... Yes............... Yes............... 25................ 30................ No................ No
Agriculture (except livestock) Yes............... Yes (\6\)......... Yes (\7\)......... Yes (\8\)......... Yes (\8\)......... Yes (\8\)
and forestry.
Livestock farming and breeding... Yes............... Yes (\6\)......... Yes (\7\)......... No................ No................ No
Mining and fishing, resource Yes............... Yes............... Yes............... Yes............... Yes............... Yes
production and extraction.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Recreational
--------------------------------------------------------------------------------------------------------------------------------------------------------
Outdoor sports arenas and Yes............... Yes (\5\)......... Yes (\5\)......... No................ No................ No
spectator sports.
Outdoor music shells, Yes............... No................ No................ No................ No................ No
amphitheaters.
Nature exhibits and zoos......... Yes............... Yes............... No................ No................ No................ No
Amusements, parks, resorts, and Yes............... Yes............... Yes............... No................ No................ No
camps.
Golf courses, riding stables and Yes............... Yes............... 25................ 30................ No................ No
water recreation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: The designations contained in this table do not constitute a Federal determination that any use of land covered by the program is acceptable or
unacceptable under Federal, State, or local law. The responsibility for determining the acceptable and permissible land uses and the relationship
between specific properties and specific noise contours rests with the local authorities. FAA determinations under Part 150 are not intended to
substitute Federally determined land uses for those determined to be appropriate by local authorities in response to locally determined needs and
values in achieving noise compatible land uses.
Yes--Land Use and related structures compatible without restrictions.
No--Land Use and related structures are not compatible and should be prohibited.
NLR--Noise Level Reduction (outdoor to indoor) to be achieved through incorporation of noise attenuation into the design and construction of the
structure.
25, 30, or 35--Land use and related structures generally compatible; measures to achieve NLR of 25, 30 or 35 dB must be incorporated into design and
construction of structure.
\1\ Where the community determines that residential or school uses must be allowed, measures to achieve outdoor to indoor Noise Level Reduction (NLR) of
at least 25 dB and 30 dB should be incorporated into building codes and be considered in individual approvals. Normal residential construction can be
expected to provide a NLR of 20 dB, thus, the reduction requirements are often stated as 5, 10 or 15 dB over standard construction and normally assume
mechanical ventilation and closed windows year round. However, the use of NLR criteria will not eliminate outdoor noise problems.
\2\ Measures to achieve NLR of 25 dB must be incorporated into the design and construction of portions of these buildings where the public is received,
office areas, noise sensitive areas or where the normal noise level is low.
\3\ Measures to achieve NLR of 30 dB must be incorporated into the design and construction of portions of these buildings where the public is received,
office areas, noise sensitive areas or where the normal noise level is low.
\4\ Measures to achieve NLR of 35 dB must be incorporated into the design and construction of portions of these buildings where the public is received,
office areas, noise sensitive areas or where the normal noise level is low.
\5\ Land use compatible provided special sound reinforcement systems are installed.
\6\ Residential buildings require an NLR of 25.
\7\ Residential buildings require an NLR of 30.
\8\ Residential buildings not permitted.
4.3 Analysis of Significant Impacts
When the noise analysis (see Noise, section 14) indicates that a
significant noise impact will occur over noise sensitive areas within
the DNL 65 dB contour, the analysis should include a discussion of the
noise impact on those areas. Any mitigation measures to be taken in
addition to those associated with other land use controls shall be
discussed. FAA Advisory Circular 150/5020-1, Noise Control and
Compatibility Planning for Airports, presents guidance for airport
operators and planners to help achieve compatibility between airports
and their environs. Special consideration may need to be given to
whether Part 150 land use categories are appropriate for evaluating
noise impact on properties protected under section 4(f) of the DOT Act
(recodified as 49 U.S.C. 303).
Section 5.--Construction Impacts
----------------------------------------------------------------------------------------------------------------
Statute Regulation Oversight Agency
----------------------------------------------------------------------------------------------------------------
See requirements below.
----------------------------------------------------------------------------------------------------------------
[[Page 55572]]
5.1 Requirements
Local, State, Tribal, or Federal ordinances and regulations address
the impacts of construction activities, including construction noise,
dust and noise from heavy equipment traffic, disposal of construction
debris, and air and water pollution. Many of the specific types of
impacts that could occur and permits or certificates that may be
required are covered in the descriptions of other appropriate impact
categories. Additionally, see the section on Hazardous Materials,
Pollution Prevention, and Solid Waste the requirements under E.O.
12088, as amended, Federal Compliance with Pollution Control Standards,
concerning compliance with foreign pollution control standards in the
construction and operation of Federal facilities outside the United
States.
Permits/Certificates: Clean Water Act section 402 National
Pollutant Discharge Elimination System (NPDES) permit (when
construction disturbs 1 acre or more).
5.2 FAA Responsibilities
The environmental document must include a general description of
the type and nature of the construction and measures to be taken to
minimize potential adverse effects. At a minimum, reference is made to
the incorporation in project specifications of the provisions of
Advisory Circular 150/5370-10A, Standards for Specifying Construction
of Airports. Although this AC provides information to reduce airport-
related construction impacts, that information may also be applicable
to many construction activities FAA undertakes or authorizes.
5.3 Significant Impact Thresholds
Construction impacts are rarely significant. Refer to the air
quality, water, fish, plants, and wildlife and other relevant impact
categories for further guidance in assessing the significance of the
potential impacts.
5.4 Analysis of Significant Impacts
In an unusual circumstance where a construction impact would create
significant consequences that cannot be mitigated, a more thorough
discussion is needed, including the results of consultations with those
agencies that have concerns and the reasons why such impacts cannot be
avoided or mitigated to insignificant levels. For example, in areas
designated severe nonattainment for ozone, consider whether
NOX emissions caused by construction equipment for major
capital improvement projects would result in potentially significant
air quality impacts.
Section 6.--Department of Transportation Act, Section 4(f)
----------------------------------------------------------------------------------------------------------------
Statute Regulation Oversight agency
----------------------------------------------------------------------------------------------------------------
Department of Transportation Act of .................................... Department of Transportation.
1966, section 4(f)
[recodified at 49 U.S.C. 303 (c)]
----------------------------------------------------------------------------------------------------------------
6.1 Requirements
The Federal statute that governs impacts in this category is
commonly known as the Department of Transportation (DOT) Act, section
4(f) provisions. Section 4(f) of the DOT Act, which was recodified and
renumbered as section 303(c) of 49 U.S.C., provides that the Secretary
of Transportation will not approve any program or project that requires
the use of any publicly owned land from a public park, recreation area,
or wildlife and waterfowl refuge of national, State, or local
significance or land from an historic site of national, State, or local
significance as determined by the officials having jurisdiction
thereof, unless there is no feasible and prudent alternative to the use
of such land and such program, or the project includes all possible
planning to minimize harm resulting from the use. This order continues
to refer to section 4(f) because it would create needless confusion to
do otherwise; the policies section section 4(f) engendered are widely
referred to as ``section 4(f)'' matters.
Procedural requirements are set forth in Order DOT 5610.1C,
Attachment 2, paragraph 4. The FAA also uses as guidance to the extent
relevant the Federal Highway Administration and Urban Mass
Transportation Administration's guidance defining Constructive Use
under 23 CFR 771.135 (56 FR 13269, April 1, 1991).
Designation of airspace for military flight operations is exempt
from section 4(f). The Department of Defense reauthorization in 1997
provided that ``[n]o military flight operations (including a military
training flight), or designation of airspace for such an operation, may
be treated as a transportation program or project for purposes of
section 303(c) of title 49, United States Code'' (PL 105-85, Nov. 18,
1997).
Permits/Certificates: Not Applicable.
6.2 FAA Responsibilities
a. Any part of a publicly owned park, recreation area, refuge, or
historic site is presumed to be significant unless there is a statement
of insignificance relative to the whole park by the Federal, State, or
local official having jurisdiction thereof. Any such statement of
insignificance is subject to review by the FAA.
b. Where Federal lands are administered for multiple uses, the
Federal official having jurisdiction over the lands shall determine
whether the subject lands are in fact being used for park, recreation,
wildlife, waterfowl, or historic purposes. National wilderness areas
may serve similar purposes and shall be considered subject to section
4(f) unless the controlling agency specifically determines that for
section 4(f) purposes the lands are not being used.
c. Where property is owned by and currently designated for use by a
transportation agency and a park or recreation use of the land is being
made only on an interim basis, a section 4(f) determination would not
ordinarily be required. The FAA official or sponsor should indicate in
any lease or agreement involving such use that this use is temporary.
d. Where the use of a property is changed by a State or local
agency from a section 4(f) type use to a transportation use in
anticipation of a request for FAA approval, section 4(f) shall be
considered to apply, even though the change in use may have taken place
prior to the request for approval or prior to any FAA action on the
matter. This is especially true where the change in use appears to have
been undertaken in an effort to avoid the application of section 4(f).
e. For section 4(f) properties, the initial assessment will
determine whether the requirements of section 4(f) are applicable. When
there is an actual physical taking of lands being used for park or
other purposes in conjunction
[[Page 55573]]
with a project, there is generally no latitude for judgement regarding
4(f) applicability. Use within the meaning of section 4(f) includes not
only actual physical takings of such lands but also adverse indirect
impacts (constructive use) as well. When there is no physical taking,
but there is the possibility of constructive use, the FAA must
determine if the impacts would substantially impair the 4(f) resource.
If there would be no substantial impairment, the action would not
constitute a constructive use and would not therefore invoke section
4(f) of the DOT Act.
f. Substantial impairment occurs only when the activities,
features, or attributes of the resource that contribute to its
significance or enjoyment are substantially diminished. A project which
respects a park's territorial integrity may still, by means of noise,
air pollution, or otherwise, dissipate its aesthetic value, harm its
wildlife, defoliate its vegetation, and take it in every practical
sense.
g. The land use compatibility guidelines in 14 CFR Part 150 (Part
150) may be relied upon to determine whether there is a constructive
use under section 4(f) where the land uses specified in the Part 150
guidelines are relevant to the value, significance, and enjoyment of
the 4(f) lands in question. Part 150 guidelines may be relied upon in
evaluating constructive use of lands devoted to traditional
recreational activities. FAA may primarily rely upon the average day
night sound levels (DNL) in Part 150 rather than single event noise
analysis because DNL is the best measure of significant impact on the
quality of the human environment, is the only noise metric with a
substantial body of scientific data on the reaction of people to noise,
and has been systematically related to Federal compatible land use
guidelines.
h. Turning to historic sites, FAA may also rely upon Part 150
guidelines to evaluate impacts on historic properties that are in use
as residences. If architecture is the relevant characteristics of an
historic neighborhood, then project-related noise does not
substantially impair the characteristics that led to eligibility for or
listing on the National Register of Historic Places. As a result the
noise does not constitute a constructive use and section 4(f) would not
be triggered. A historic property would not be used for section 4(f)
purposes when FAA issues a finding of No Effect or No Adverse Effect
under section 106 of the National Historic Preservation Act. Section
4(f) may apply to archeological resources that have value chiefly for
data recovery.
i. When assessing use of section 4(f) properties located in a quiet
setting and the setting is a generally recognized feature or attribute
of the site's significance, carefully evaluate reliance on part 150
guidelines. Special consideration beyond Part 150 guidelines needs to
be given to section 4(f) properties of unique significance such as
national parks and national wildlife refuges. For example, part 150
guidelines may not be sufficient to address the effects of noise on the
expectations and purposes of people visiting rural wildlife refuges to
study and enjoy wildlife or rural recreational areas. The responsible
FAA official must consult all appropriate Federal, State, and local
officials having jurisdiction over the affected section 4(f) resources
when determining whether project-related noise impacts would
substantially impair the resources.
j. If it is determined that section 4(f) is applicable and there
are no feasible or prudent alternatives which would avoid such use, the
effect on the section 4(f) land shall be described in detail. The
description of the land shall include size, activities, patronage,
access, unique or irreplaceable qualities, relationship to similarly
used lands in the vicinity, or other factors necessary to determine the
effects of the action and measures needed to minimize harm. Such
measures may include replacement of land and facilities and design
measures such as planting or screening to mitigate any adverse effects.
Replacement satisfactory to the Secretary of the Interior (DOI) is
specifically required for recreation lands aided by the DOI's Land and
Water Conservation Fund and for certain other lands falling under the
jurisdiction of the DOI. The environmental document shall include
evidence of concurrence or efforts to obtain concurrence of appropriate
officials having jurisdiction over such land regarding actions proposed
to minimize harm.
k. If Federal grant money was used to acquire the land involved
(e.g., open space under the Department of Housing and Urban Development
(HUD) and various conservation programs under DOI) the environmental
document shall include evidence of or reference to appropriate
communication with the grantor agency.
6.3 Significant Impact Thresholds
A significant impact would occur when a proposed action would
eliminate or severely degrade the purpose of use for which the section
4(f) land was established and mitigation would not reduce the impact to
levels that would allow the purpose or use to continue.
6.4 Analysis of Significant Impacts
The FAA shall consult with the officials having jurisdiction over
the section 4(f) property(ies), and other agencies, as necessary. The
EIS thoroughly analyzes and documents alternatives that would avoid the
use of section 4(f) property and provide detailed measures to minimize
harm.
Section 7.--Farmlands
----------------------------------------------------------------------------------------------------------------
Statute Regulation Oversight agency
----------------------------------------------------------------------------------------------------------------
Farmland Protection Policy Act 7 CFR part 658 (59 FR 31109, June Natural Resource Conservation
[7 U.S.C. 4201-4209] 17, 1994) Service.
[PL 97-98, amended by section 1255 7 CFR part 657 (43 FR 4030) Council on Environmental Quality.
of the Food Security Act of 1985, CEQ Memorandum on Analysis of
PL 99-198] Impacts on Prime and Unique
Agricultural Lands in Implementing
the National Environmental Policy
Act, August 11, 1980 (45 FR 59189,
September 8, 1980)
----------------------------------------------------------------------------------------------------------------
7.1 Requirements
The Farmland Protection Policy Act (FPPA) regulates Federal actions
with the potential to convert farmland to non-agricultural uses.
Permits/Certificates: Not Applicable.
7.2 FAA Responsibilities
Consultation with the U.S. Department of Agriculture (USDA)
[[Page 55574]]
Natural Resources Conservation Service (NRCS) should occur to determine
if the FPPA applies to the land the proposed action would convert to
non-agricultural use, or if an exemption to the FPPA exists. If it is
determined that the farmland is protected by the FPPA, formal
coordination as provided by 7 CFR part 658 is required.
The responsible FAA official should become aware of and make all
reasonable attempts to consult with other Federal, State, and local
officials who have responsibility over any adjacent, nearby, or
potentially affected lands to assure compatibility of the proposed
action and affected farmland.
For FPPA-regulated farmland, scoring of the relative value of the
site for preservation is performed by the NRCS and the proponent. If
the total score on Form AD-1006 ``Farmland Conversion Impact Rating''
is below 160, no further analysis is necessary. Scores between 160 and
200 may have potential impacts and require further consideration of
alternatives that would avoid this loss. Consider measures that reduce
the amount of protected farmland that the project would convert or use
farmland having relative lower value. If NRCS fails to respond within
45 days and if further delay would interfere with construction
activities, the action may proceed as though the site were not farmland
protected by the FPPA. The FAA then documents a no response by the NRCS
in the environmental document.
If there are unresolved land use issues with State and local
officials, then further consultation will be required.
7.3 Significant Impact Thresholds
A significant impact would occur when the total combined score on
Form AD 1006 (copies available from NRCS) ranges between 200 and 260
points. Note that impact severity increases as the total combined score
approaches 260 points.
7.4 Analysis of Significant Impacts
The analysis evaluates the impacts on agricultural production in
the area; compatibility with State, local and private programs and
policies to protect farmland; any disruption of the farming community
either as a direct result of the construction or by changes in land use
associated with the action; and non-viability of farm support services
in the area as a result of farmland conversion. Measures to minimize
harm will be considered, including adjustments in the action to reduce
the amount of farmland taken out of production or retain as much of the
land as possible for agricultural use by incorporation into compatible
land use plans.
Section 8.--Fish, Wildlife, and Plants
----------------------------------------------------------------------------------------------------------------
Statute Regulation Oversight agency
----------------------------------------------------------------------------------------------------------------
Endangered Species Act of 1973 50 CFR parts 17 and 22 Fish and Wildlife Service.
[16 U.S.C. 1531-1544] 50 CFR part 402 National Marine Fisheries Service.
[PL 93-205] 50 CFR parts 450-453 U.S. Department of the Interior.
MOU on Implementation of the Council on Environmental Quality.
Endangered Species Act, September
28, 1994
MOU on Using an Ecosystem Approach
in Agency Decision-making, December
5, 1995
CEQ Guidance on Incorporating
Biodiversity Considerations into
Environmental Impact Analysis,
January 1993
Sikes Act Amendments of 1974 .................................... State Natural Heritage Programs.
[PL 93-452]
Fish and Wildlife Coordination Act .................................... Fish and Wildlife Service.
of 1958
[16 U.S.C. 661-666c]
[PL 85-624]
Fish and Wildlife Conservation Act 50 CFR part 83 Fish and Wildlife Service.
of 1980
[16 U.S.C. 2901-2912]
[PL 96-366]
Executive Order 13112, Invasive DOT Policy on Invasive Species, Departments of the Interior,
Species (64 FR 6183, February 8, April 22, 1999 Commerce, Agriculture, and
1999) Transportation.
Presidential Memorandum on Environmental Protection Agency, Environmental Protection Agency.
Environmentally and Economically Office of the Federal Environmental Office of the Federal Environmental
Beneficial Landscape Practices on Executive, Guidance for Executive.
Federally Landscaped Grounds (April Presidential Memorandum on
26, 1994) Environmentally and Economically
Beneficial Landscape Practices on
Federal Landscaped Grounds (60 FR
40837, August 10, 1995)
Paragraph 3f of attachment 2; Order
DOT 5610.1C
----------------------------------------------------------------------------------------------------------------
8.1 Requirements
Section 7 of the Endangered Species Act (ESA), as amended, applies
to Federal agency actions and consultations. Section 7(a)(2) requires
each agency, generally the lead agency, in consultation with the
services, U.S. Fish and Wildlife Service (FWS) or the National Marine
Fisheries Service (NMFS), as appropriate, to ensure that any action the
agency authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any Federally listed endangered or
threatened species or result in the destruction or adverse modification
of critical habitat. (The effects on fish, wildlife, and plants include
the destruction or alteration of habitat and the disturbance or
elimination of fish, wildlife, or plant populations.) Section 10
recovery plans should be reviewed for guidance. If a species has been
listed as a candidate species, section 7(a)(4) states that each agency
shall confer with the Services. Refer to the FWS and NMFS Endangered
Species Consultation Handbook: Procedures for Conducting Consultation
and Conference Activities
[[Page 55575]]
Under Section 7 of the Endangered Species Act, March 1998.
The Sikes Act and various amendments authorizes States to prepare
statewide wildlife conservation plans and the Department of Defense
(DOD) to prepare similar plans for resources under its jurisdiction.
Actions should be checked for consistency with the State Wildlife
Conservation Plans and DOD plans where such plans exist.
The Fish and Wildlife Coordination Act requires that agencies
consult with the State wildlife agencies and the Department of the
Interior (FWS) concerning the conservation of wildlife resources where
the water of any stream or other water body is proposed to be
controlled or modified by a Federal agency or any public or private
agency operating under a Federal permit.
The Fish and Wildlife Conservation Act provides for financial and
technical assistance to States to develop conservation plans, subject
to approval by the Department of the Interior, and implement State
programs for fish and wildlife resources. The Fish and Wildlife
Conservation Act also encourages all Federal departments and agencies
to utilize their statutory and administrative authority, to the maximum
extent practicable and consistent with each agency's statutory
responsibilities, to conserve and to promote conservation of nongame
fish and wildlife and their habitats, in furtherance of the provisions
of this Act.
E.O. 13112, Invasive Species, and the DOT Policy on Invasive
Species require FAA to identify proposed actions that may involve risks
of introducing invasive species on native habitat and populations.
``Introduction'' is the intentional or unintentional escape, release,
dissemination, or placement of a species into an ecosystem as a result
of human activity. ``Invasive species'' are alien species whose
introduction does or is likely to cause economic or environmental harm
to human health. Section 2 of the Executive Order spells out Federal
agency duties. Where such an action has been identified, FAA may not
authorize, fund, or carry out actions that the FAA believes are likely
to cause or promote the introduction or spread of invasive species in
the United States or elsewhere unless, pursuant to guidelines that it
has prescribed, the agency has determined that the benefits of such
actions clearly outweigh the potential harm caused by invasive species;
and that all feasible and prudent measures to minimize risk of harm
will be taken in conjunction with the actions. In addition, FAA must to
the extent practical and permitted by law, and subject to the
availability of appropriations, and within Administration budgetary
limits, use relevant programs and authorities to prevent introduction;
detect and respond rapidly to and control populations of such species
in a cost-effective and environmentally sound manner; monitor invasive
species populations accurately and reliably; provide for restoration of
native species and habitat conditions in ecosystems that have been
invaded; conduct research on invasive species and develop technologies
to prevent introduction and provide for environmentally sound control
of invasive species; and promote public education on invasive species
and the means to address them. Other related requirements, include the
Aquatic Nuisance Plant Control Act, which includes provisions relating
to the brown tree snake, and those laws governing import or export of
plants and animals across state and national borders, such as the Lacey
Act Amendments of 1991, which prohibit the transport across state lines
of any wildlife or plants taken in violation of any State law,
depending on the circumstances.
The Presidential Memorandum on Economically and Environmentally
Beneficial Landscaping encourages the use of native plants at Federal
facilities and in federally funded landscaping projects. In addition,
FAA Advisory Circular 150/5200-33, Hazardous Wildlife Attractants on or
near Public Use Airports, recommends that a wildlife management
biologist review landscaping plans for airports to minimize attracting
hazardous wildlife (i.e., wildlife commonly associated with wildlife-
aircraft strikes) to aircraft movement areas.
Also, it is the policy of the FAA, consistent with NEPA and the CEQ
regulations, to encourage the use of a systematic, interdisciplinary
approach that integrates ecological, economic, and social factors
during the decisionmaking process. The goals of this approach are to
restore and maintain the health, sustainability (i.e., doing things
today to protect tomorrow's environment), and biological diversity of
ecosystems, while supporting sustainable economies and communities
(i.e., economies and community activities that consider the
environmental needs of succeeding generations). Actions should reflect
sensitivity to regional ecological and economic needs. An ecosystem
approach emphasizes: (1) ensuring that all relevant and identifiable
ecological and economic consequences, both long-and short-term, are
considered; and (2) improving coordination among Federal agencies.
In accordance with 40 CFR 1507.2(e), 1508.8(b)(3), and 1508.27, the
CEQ guidance on incorporating biodiversity considerations into
environmental impact analyses under the National Environmental Policy
Act requires Federal agencies to consider the effects of Federal
actions on biodiversity to the extent that is possible to both
anticipate and evaluate those effects. The guidance outlines the
general principles and discusses the importance of context, that is,
examining the indirect, direct, and cumulative impacts of a specific
project in the regional or ecosystem context.
In addition, the MOU on Using an Ecosystem Approach in Agency
Decision-making requires FAA to participate, as appropriate to its
mandates, in ecosystem management efforts initiated by other Federal
agencies, by state, local or tribal governments, or as a result of
local grass-roots efforts. The ecosystem approach, consistent with the
requirements in NEPA to use ecological information, emphasizes
consideration of all relevant and identifiable ecological and economic
consequences both long term and short term; coordination among Federal
agencies; partnership; communication with the public; efficient and
cost-effective implementation; use of best available science; improved
data and information management, and responsiveness to changing
circumstances.
Permits/Certificates: Various wildlife statutes, such as the Marine
Mammal Protection Act, require permits, or the Endangered Species Act
requires issuance of a Biological Opinion, if an action may affect a
Federally-protected species.
8.2 FAA Responsibilities
Coordination is to be initiated with the Services pursuant to the
ESA for Federally listed endangered, threatened, and candidate species
or designated critical habitat, and, pursuant to the Fish and Wildlife
Coordination Act where there is a potential impact on water resources
with the Services as well as other Federal, State, Tribal, and local
agencies having administration over fish, wildlife, and plant
resources. For Federally listed, proposed, and candidate species and
listed and proposed critical habitat, this initial step is known as
informal consultation and triggers the ESA section 7(d) prohibition on
irreversible or irretrievable commitment of resources.
Letters will be obtained from these officials on the possible
effects of the
[[Page 55576]]
proposal on these resources and possible mitigation measures. The
letters from the appropriate officials will provide an indication of
the potential for substantial damage to water resources and wildlife
attributable to the proposal, if applicable.
Informal consultation under ESA section 7: Informal consultation
with the Services under section 7 of the ESA will clarify whether and
what Federally listed, proposed, or candidate species or Federally
designated or proposed critical habitat may be found in the potentially
impacted areas, determine what effect the action may have on these
species or critical habitats; explore ways to modify the action to
reduce or remove adverse effects to the species or critical habitats;
determine the need to enter into formal consultation for listed species
or designated critical habitat, or conference for proposed species or
proposed critical habitat; and explore the design or modification of an
action to benefit the species. The Services will prepare or concur with
the action agency's species list and identify major gaps in biological
information. A biological assessment (BA) is defined as information
prepared by, or under the direction of, a Federal agency to determine
whether a proposed action is likely to: (1) adversely affect listed
species or designated critical habitat; (2) jeopardize the continued
existence of species that are proposed for listing; or (3) adversely
modify proposed critical habitat. Biological assessments are mandatory
for ``major construction activities.'' See 50 CFR 402.02. BA's are not
required to analyze alternatives to proposed actions. The recommended
contents of a BA are found in 50 CFR 402.12(f). For other types of
proposed actions, the Federal agency must provide the Services with the
information the Federal agency used in evaluating the likely effects of
the action. Informal consultation ends if the proposed action, whether
a major construction activity or other action, is not likely to
adversely affect species or critical habitat (i.e., effects are
expected to be completely beneficial (contemporaneous positive effects
without any adverse effects to the species), discountable (extremely
unlikely to occur), or insignificant (should never reach the scale
where take occurs)), and the Service concurs in writing.
Formal consultation under ESA section 7(a)(2): For Federally listed
threatened and endangered species and Federally designated critical
habitat, formal consultation with FWS or NMFS under section 7(a)(2) of
the ESA is triggered when: (1) The FAA determines that the proposed
action ``may affect'' Federally listed species or designated critical
habitat, unless the FWS or NMFS concur in writing that the proposed
action is not likely to adversely affect any listed species or critical
habitat, or (2) the FWS or NMFS does not concur with the agency's
determination that the proposed action is not likely to adversely
affect Federally listed species or designated critical habitat. Formal
consultation is concluded when FWS or NMFS issues a Biological Opinion
(No Jeopardy/Adverse Modification Opinion, including an incidental take
statement, or Jeopardy/Adverse Modificiation Opinion), as discussed
below.
Conference under ESA section 7(a)(4): If the proposed action is
likely to adversely affect Federally proposed species or critical
habitat, then conference is required for Federally proposed species and
Federally proposed critical habitat, unless the Federal agency decides
to include the analysis of effects on proposed species and proposed
critical habitats in the formal consultation process. Conference can be
useful in later expediting the consultation process when a proposed
species is listed or proposed critical habitat is designated. For
Federally proposed species and critical habitat, at the conclusion of
conference, the Services will provide conservation recommendations.
Conservation recommendations are discretionary agency activities.
Other statutes: Other statutes, such as the Marine Mammal
Protection Act, may also apply depending upon the circumstances.
It may be assumed that there are no significant impacts on fish,
wildlife, and plants if--For Federally listed threatened and endangered
species and designated critical habitat under the ESA:
a. The reply from the FWS or NMFS following informal consultation
indicates that the proposed action is not likely to adversely affect
any listed species or critical habitat (i.e., the effects are
completely beneficial, insignificant, or discountable); or
b. A Biological Opinion issued by the FWS or NMFS following formal
consultation states that the proposed action is not likely to
jeopardize the continued existence of Federally listed threatened or
endangered species in the affected area or result in the destruction or
adverse modification of Federally designated critical habitat in the
affected area (No Jeopardy/Adverse Modification Opinion). A No
Jeopardy/Adverse Modification Opinion may include one or more
reasonable and prudent alternatives to eliminate jeopardy. The
incidental take statement, included in the No Jeopardy/Adverse
Modification Opinion, provides nondiscretionary reasonable and prudent
measures that are necessary and appropriate to minimize the level of
incidental take and avoid jeopardy. Different levels of take and
different reasonable and prudent measures may be specified for each
reasonable and prudent alternative. (Formal consultation may be
reinitiated when the amount or extent of incidental take is exceeded;
new information reveals effects of the action that may affect listed
species or critical habitat in a manner or to an extent not previously
considered; the action is modified in a manner causing effects to
listed species or critical habitat not previously considered; or a new
species is listed or critical habitat is designated that may be
affected by the action.)
For species not Federally listed as threatened or endangered and
habitats not Federally designated as critical under the ESA:
a. The FWS, NMFS, or other Federal, State or Tribal agency
responsible for protecting wildlife where there is an impact on a water
resource indicate that the impacted area is human-dominated, or the
impact is transient in nature, or the alteration would not result in a
long-term or permanent loss of wildlife or water resources.
b. If, after these efforts, significant impacts are unavoidable,
then the responsible FAA official conducts further consultation and
analysis with the Services and other Federal, State, Tribal, or local
officials in the preparation of the EIS.
8.3 Significant Impact Thresholds
A significant impact would occur when the FWS or NMFS determines
that the proposed action would be likely to jeopardize the continued
existence of a threatened or endangered species or result in the
destruction or adverse modification of Federally designated critical
habitat in the affected area.
8.4 Analysis of Significant Impacts
a. General. The FAA will coordinate with the Services, other
Federal, State, Tribal, or local wildlife agencies, and others as
necessary to assess the potential impacts. If the proposed action
affects water resources and thereby triggers the Fish and Wildlife
Coordination Act, then the FAA considers the recommendations of the
FWS, NMFS, other Federal agencies, and the State or Tribal wildlife
agency and assures that further detailed
[[Page 55577]]
analysis is performed. This may include:
(1) Use of aerial photographs and field reconnaissance.
(2) Determining the significance of impacted habitats including the
importance and range of fauna and flora and the location of nesting and
breeding areas.
(3) A more detailed analysis of other impact areas (e.g., noise,
air quality, water quality).
b. Federally listed threatened and endangered species and Federally
designated criticat habitat. For Federally listed threatened and
endangered species and Federally designated critical habitats, the FAA
forwards to the Services the BA as required for major construction
activities or supporting information as needed for other types of
proposed actions with a request to initiate formal consultation under
section 7(a)(2) of the ESA. The BA may be included in an EA. If the FAA
accepts an alternative proposed by the FWS or the NMFS or proposes
another acceptable alternative, the FAA also may conclude that impacts
are not significant. If neither of the above apply, the potential
impact is considered significant. In the preparation of an EIS, the FAA
requests the Services to be cooperating agencies on the basis of their
jurisdiction. Further detailed analysis may consider:
(1) Further mitigation measures or action modifications.
(2) Further biological assessment.
(3) If the FWS or NMFS issues a Jeopardy/Adverse Modification
Opinion, FAA may not proceed with the action unless the project is
modified sufficiently to enable the Services to issue a No Jeopardy/
Adverse Modification Opinion, or the action is exempted under 50 CFR
part 451.
Section 9.--Floodplains and Floodways
----------------------------------------------------------------------------------------------------------------
Statute Regulation Oversight agency
----------------------------------------------------------------------------------------------------------------
Executive Order 11988, Floodplain Order DOT 5650.2, Floodplain Federal Aviation Administration.
Management, May 24, 1977 (42 FR Management and Protection
26951)
Appropriate State and local Federal Emergency Management Agency Federal Emergency Management Agency.
construction statutes ``Protecting Floodplain Resources: Appropriate State and local
A Guidebook for Communities,'' 1996 agencies.
----------------------------------------------------------------------------------------------------------------
9.1 Requirements
Executive Order 11988 directs Federal agencies to take action to
reduce the risk of flood loss, minimize the impact of floods on human
safety, health, and welfare, and restore and preserve the natural and
beneficial values served by floodplains. Order DOT 5650.2 contains
DOT's policies and procedures for implementing the executive order.
Agencies are required to make a finding that there is no practicable
alternative before taking action that would encroach on a base
floodplain based on a 100-year flood (7 CFR 650.250).
9.2 FAA Responsibilities
The responsible FAA official will consult with State and local
officials to determine the boundaries of floodplains near the site of
the action. The Federal Emergency Management Agency (FEMA) maps are the
primary reference for determining the extent of the base floodplain. If
a floodplain designation is in question, FEMA or the Army Corps of
Engineers will be contacted for information.
If the proposed action and reasonable alternatives are not within
the limits of, or if applicable, the buffers of a base floodplain, a
statement to that effect should be made. No further analysis is needed.
If the agency finds that the only practicable alternative requires
siting in the base floodplain, a floodplain encroachment would occur
and further environmental analysis is needed. The FAA shall, prior to
taking the action, design or modify the proposed action to minimize
potential harm to or within the base floodplain. The action is to be
consistent with regulations issued according to section 2(d) of E.O.
11988. The FAA shall also provide the public with an opportunity to
review the encroachment through its public involvement process and any
public notices, notices of opportunity for public hearing, public
hearing notices, and notices of environmental document availability
must state that an encroachment is anticipated.
A floodplain finding is required in cases of significant
encroachment. This finding confirms that there is no practicable
alternative to placing the project in the floodplain and that all
measures to minimize harm will be included in the project. (see sec. 2a
of E.O. 11988, Floodplain Management; dated May 24, 1977 [42 FR 26951])
When property in floodplains is proposed for lease, easement,
right-of-way, or disposal to non-Federal public or private parties, the
FAA shall (1) reference in the conveyance those uses that are
restricted under identified Federal, State, or local floodplain
regulations; and (2) attach other appropriate restrictions to the uses
of properties by the grantee or purchaser and any successors, except
where prohibited by law; or (3) withhold such properties from
conveyance.
FAA's analysis shall also indicate if the encroachment would be a
``significant encroachment,'' that is, whether it would cause one or
more of the following impacts:
a. The action would have a high probability of loss of human life.
b. The action would likely have substantial, encroachment-
associated costs or damage, including interrupting aircraft service or
loss of a vital transportation facility (e.g., flooding of a runway or
taxiway; important navigational aid out of service due to flooding,
etc.); or
c. The action would cause adverse impacts on natural and beneficial
floodplain values.
If one or more of the alternatives under consideration includes
significant floodplain encroachments, then any public notices, notices
of opportunity for public hearing, public hearing notices, and notices
of environmental document availability, shall note that fact.
When flood storage is displaced, the analysis should consider
compensatory floodwater storage impacts on upstream property, or how
that storage could affect aquatic or other biotic systems. Development
project not causing higher flood elevations or altering flood storage
could adversely affect beneficial or natural floodplain values.
Actions outside a base floodplain may adversely affect natural and
beneficial floodplain resources. Consider impacts on natural and
beneficial floodplain values, water pollution, increased runoff from
impermeable surfaces, changes in hydrologic patterns, or induced
secondary development. Mitigation to minimize such impacts is needed to
comply with the applicable regulations. This mitigation may include:
commiting
[[Page 55578]]
to comply with special flood-related design criteria; elevating
facilities above the base flood elevation; or minimizing fill placed in
floodplains.
9.3 Significant Impact Thresholds
If a significant encroachment is involved that would result in
notable adverse impacts on natural and beneficial floodplain values,
preparation of an EIS is required. Mitigation measures for base
floodplain encroachments may include commiting to special flood related
design criteria, elevating facilities above base flood level, locating
nonconforming structures and facilities out of the floodplain, or
minimizing fill placed in floodplains.
9.4 Analysis of Significant Impacts
When the FAA prepares an EIS addressing significant impacts in this
category, Federal, State, or local agencies with floodplain
jurisdiction and expertise may become cooperating agencies. Further
analysis includes the following as applicable to the action:
a. Further consideration of the practicability of any alternatives.
b. Inclusion of all practicable measures in the design of the
proposal to minimize harm and to restore and preserve the natural and
beneficial floodplain values affected. Commitments to later compliance
with special flood related design criteria or the imposition, in
advance, of protective conditions may be warranted in some situations.
c. Evidence that the action conforms to applicable State and local
floodplain protection standards.
Section 10.--Hazardous Materials, Pollution Prevention, and Solid Waste
----------------------------------------------------------------------------------------------------------------
Statute Regulation Oversight agency
----------------------------------------------------------------------------------------------------------------
Comprehensive Environmental 40 CFR parts 300, 311, 355, and 370 Environmental Protection Agency.
Response, Compensation, and
Liability Act of 1980 (CERCLA) (as
amended by the Superfund Amendments
and Reauthorization Act of 1986 and
the Community Environmental
Response Facilitation Act of 1992)
[42 U.S.C. 9601-9675]
Pollution Prevention Act of 1990 CEQ Memorandum on Pollution Council on Environmental Quality.
[42 U.S.C. 1310-1319] Prevention and the National Environmental Protection Agency.
Environmental Policy Act, January
12, 1993 (58 FR 6478)
Toxic Substances Control Act of 40 CFR parts 761 and 763 Environmental Protection Agency.
1976, as amended (TSCA)
[15 U.S.C. 2601-2692]
[PL 94-469]
Resource Conservation and Recovery 40 CFR parts 240-280 Environmental Protection Agency.
Act of 1976 (RCRA)
[PL 94-580, as amended by the Solid
Waste Disposal Act of 1980 (SWDA),
PL 96-482, the Hazardous and Solid
Waste Amendments of 1984, PL 98-
616, and the Federal Facility
Compliance Act of 1992, (FFCA) PL
103-386]
[42 U.S.C. 6901-6992(k)]
Executive Order 12088, Federal .................................... Environmental Protection Agency.
Compliance with Pollution Control
Standards, October 13, 1978 (43 FR
47707), amended by Executive Order
12580, January 23, 1987 (52 FR
2923) January 29, 1987
Executive Order 12856, Federal .................................... Environmental Protection Agency.
Compliance with Right-to-Know Laws
and Pollution Prevention
Requirements (58 FR 41981, August
3, 1993)
Executive Order 12580, Superfund
Implementation, amended by
Executive Order 13016 and 12777
----------------------------------------------------------------------------------------------------------------
10.1 Requirements
Four primary laws have been passed governing the handling and
disposal of hazardous materials, chemicals, substances, and wastes. The
two statutes of most importance to the FAA in proposing actions to
construct and operate facilities and navigational aids are the Resource
Conservation and Recovery Act (RCRA) (as amended by the Federal
Facilities Compliance Act of 1992) and the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), as amended by the
Superfund Amendments and Reauthorization Act of 1986 (SARA or
Superfund) and the Community Environmental Response Facilitation Act of
1992. RCRA governs the generation, treatment, storage, and disposal of
hazardous wastes. CERCLA provides for cleanup of any release of a
hazardous substance (excluding petroleum) into the environment.
E.O. 12088, as amended, directs Federal agencies to: comply with
``applicable pollution control standards,'' in the prevention, control,
and abatement of environmental pollution; and consult with the EPA,
State, interstate, and local agencies concerning the best techniques
and methods available for the prevention, control, and abatement of
environmental pollution. For construction or operation of FAA
facilities outside the United States, the FAA must ensure that such
construction or operation complies with the environmental pollution
control standards of general applicability in the host country or
jurisdiction.
[[Page 55579]]
Executive Order 12580, Superfund Implementation amended by
Executive Order 13016 and 12777 delegates most response authorities to
EPA and USCG for abatement. Agencies must participate in response teams
with opportunity for public comment before removal action is taken.
FAA actions to fund, approve, or conduct an activity may require
consideration of hazardous material, pollution prevention, and solid
waste impacts in NEPA documentation. NEPA documents prepared in support
of project development should include an appropriate level of review
regarding the hazardous nature of any materials or wastes to be used,
generated, or disturbed by the proposed action, as well as the control
measures to be taken. The CEQ Memorandum on Pollution Prevention and
the National Environmental Policy Act encourages early consideration,
for example, during scoping, of opportunities for pollution prevention.
FAA should, to the extent practicable, include pollution prevention
considerations in the proposed action and its alternatives; address
pollution prevention in the environmental consequences section; and
disclose in the record of decision the extent to which pollution was
considered. A discussion of pollution prevention may also be
appropriate in an EA. Consideration of these issues in evaluating the
effects of proposed actions should begin with an understanding of the
following three terms:
Hazardous Material--any substance or material that has been
determined to be capable of posing an unreasonable risk to health,
safety, and property when transported in commerce (49 CFR part 172,
table 172.101). This includes hazardous substances and hazardous
wastes.
Hazardous Waste--under the Resource Conservation and Recovery Act
(RCRA) a waste is considered hazardous if it is listed in, or meets the
characteristics described in 40 CFR part 261, including ignitability,
corrosivity, reactivity, or extraction procedure toxicity.
Hazardous Substance--any element, compound, mixture, solution, or
substance defined as a hazardous substance under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) and
listed in 40 CFR part 302. If released into the environment, hazardous
substances may pose substantial harm to human health or the
environment.
10.2 FAA Responsibilities
The FAA must comply with applicable pollution control statutes and
requirements that may include, but may not be limited to, those listed
in appendix 2 of Order 1050.10B, Prevention, Control, and Abatement of
Environmental Pollution at FAA Facilities.
In accordance with Order 1050.19, Environmental Due Diligence
Audits in the Conduct of FAA Real Property Transactions, an
Environmental Due Diligence Audit (EDDA) shall be conducted to evaluate
subject properties for potential hazardous substances contamination
that could result in future FAA liabilities.
FAA actions to fund or approve airport layout plans for terminal
area development may also require consideration of solid waste impacts
in NEPA documentation. A preliminary review should indicate if the
projected quantity or type of solid waste generated or method of
collection or disposal will be appreciably different than would be the
case without the action. Special attention shall be given to the
control of hazardous waste.
NEPA documents should include appropriate information as described
below.
a. The environmental document should demonstrate that the FAA (or
applicant as appropriate) has determined whether hazardous wastes as
defined in 40 CFR part 261 (RCRA) will be generated, disturbed,
transported or treated, stored or disposed, by the action under
consideration. If so, management of these wastes is regulated by 40 CFR
parts 260-280 and transportation is governed by 49 CFR parts 171-199.
To the extent that the existence of hazardous wastes affects phasing of
project construction, analysis of alternatives and consideration of
mitigation measures, the means for compliance with applicable
regulations must be discussed. It may be helpful to briefly discuss the
means for compliance with applicable regulations in the NEPA
documentation. For example, operators of activities that would cause
hazardous waste must obtain a RCRA hazardous waste generator
identification number from EPA or an authorized State. It should also
demonstrate that the FAA or applicant has considered pollutant
prevention and control in accordance with EO 12088.
b. The document should analyze alternatives considering applicable
permitting requirements, and in the case of direct actions or funding,
Federal and State guidelines and regulations on procurement of recycled
or recyclable productions, the source separation and recycling of
recyclable products and solid waste storage, transport, or disposal.
c. The document should analyze the cost and feasibility of
alternatives regarding the avoidance or use of hazardous materials,
hazardous wastes, recycled materials, recyclable products, and any
related need for permits, remediation, storage, transport, or disposal.
d. The document should indicate the presence of any sites within
the action area listed or under consideration for listing on the
National Priorities List (NPL) established by EPA in accordance with
CERCLA. NEPA documentation should include a discussion of the impact of
any NPL or NPL candidate sites on the action and/or impacts of the
action on any NPL or NPL candidate sites. NEPA documentation should
also identify sites in the vicinity that have been designated RCRA
Solid Waste Management Units (SWMUs) and that may impact or be impacted
by the action.
e. The NEPA documentation should reflect that consultation with the
appropriate State agency (or EPA) has been initiated. If a formal
agreement has been reached, it should be included in the document
itself or incorporated by reference, as appropriate. In many cases,
construction may not commence until a formal agreement between the FAA
(or action sponsor) and the State agency (or EPA) has been executed.
f. The NEPA documentation, i.e., FONSI, EIS, Record of Decision,
and FAA construction contracts should include a provision that in the
event previously unknown contaminants are discovered during
construction, or a spill occurs during construction, work should stop
until the National Response Center (NRC) is notified. The NRC number is
(800) 424-8802.
10.3 Analysis of Significant Impacts
Generally, additional information or analysis is needed only if
significant problems are anticipated with respect to meeting the
applicable local, State, Tribal, or Federal laws and regulations on
hazardous or solid waste management. Additional data may include
results of any further consultation with affected agencies and measures
to be taken to minimize the impacts. Disposal that would adversely
affect water quality or other environmental resources may be discussed
under those sections of the environmental analysis addressing affected
resources, with the hazardous material section cross-referencing those
[[Page 55580]]
sections. Actions that involve property listed (or potentially listed
on) the NPL are considered significant by definition. In other cases,
only a significant unresolved issue may warrant additional analysis in
an EIS.
The cost and feasibility of any necessary remediation of hazardous
waste contamination should be considered and for guidance on
considering existing environmental contamination issues associated with
proposed actions to acquire land consult Order 1050.19.
For guidance on design, construction, and operational compliance of
FAA facilities with pollution control statutes, the following FAA
orders should be consulted:
a. Order 1050.10B, Prevention, Control, and Abatement of
Environmental Pollution at FAA Facilities.
b. Order 1050.14A, Polychlorinated Biphenyls (PCB) in the National
Airspace System.
c. Order 1050.15A, Underground Storage Tanks at FAA Facilities.
d. Order 1050.18, Chlorofluorocarbons and Halon Use at FAA
Facilities.
Section 11.--Historical, Architectural, Archaeological, and Cultural
Resources
[This section reflects the major revisions to 36 CFR part 800
issued May 18, 1999]
----------------------------------------------------------------------------------------------------------------
Statute Regulation Oversight agency
----------------------------------------------------------------------------------------------------------------
Laws Governing National Historic Preservation Programs, National Natural Landmarks, and National Historic
Landmarks
----------------------------------------------------------------------------------------------------------------
Historic Sites Act of 1935 .................................... National Park Service.
[16 U.S.C. 461-467]
[PL 74-292 (1935)]
National Historic Preservation Act 36 CFR parts 60 (National Register National Park Service, various
of 1966, as amended, including of Historic Places (NRHP)), 61 offices.
Executive Order 11593 (36 FR 8921, (State and Local Preservation Advisory Council on Historic
May 13, 1971) Programs), 62.1 (National Natural Preservation.
[16 U.S.C. 470, 470 note] Landmarks), 63 (NRHP), 65, 65.1 State Historic Preservation Officer.
[PL 102-575 (1992)] (National Historic Landmarks), 68 Tribal Historic Preservation
(standards), 73 (World Heritage Officer.
Program), 78 (waiver of Federal
agency section 110
responsibilities), 79 (curation)
and 800 (consultation), as revised
(64 FR 27043, May 18, 1999,
effective June 17, 1999)
----------------------------------------------------------------------------------------------------------------
Laws Governing the Federal Archeology Program
----------------------------------------------------------------------------------------------------------------
Antiquities Act of 1906 43 CFR part 3 Department of Interior, National
[16 U.S.C. 431, 432, 433] 25 CFR part 261 Park Service.
[PL 59-209 (1906)]
Archaeological and Historic Guidelines for Archeology and Departmental Consulting Archeologist
Preservation Act of 1974, as Historic Preservation: Standards and Archeological Assistance
amended and Guidelines (DOI) (48 FR 44716, Program, National Park Service.
[16 U.S.C. 469-469c] September 29, 1983)
[PL 89-665] 36 CFR part 68
----------------------------------------------------------------------------------------------------------------
Laws Governing the Federal Archeology Program
----------------------------------------------------------------------------------------------------------------
Archaeological Resources Protection 43 CFR parts 3 and 7 Departmental Consulting Archeologist
Act of 1979, as amended 36 CFR part 79 and Archeological Assistance
[16 U.S.C. 470aa-470mm] 25 CFR parts 261 and 262 Program, National Park Service.
[PL 96-95 (1979)] Federal Archeological Preservation
Strategy
Native American Graves Protection 43 CFR part 10 Departmental Consulting Archeologist
and Repatriation Act of 1990 25 CFR 262.8 and Archeological Assistance
[25 U.S.C. 3001] 36 CFR part 79 Program, National Park Service.
[PL 101-601 (1990)]
----------------------------------------------------------------------------------------------------------------
Other Major Federal Historic Preservation Laws
----------------------------------------------------------------------------------------------------------------
American Indian Religious Freedom 43 CFR 7.7 and 7.32
Act of 1978 25 CFR 262.7
[ 42 U.S.C. 1996, 1996 note]
[PL 95-341 (1978)]
Public Building Cooperative Use Act 41 CFR parts 101-17, 101-17.002(l), General Services Administration.
of 1976 (m), (n) (rural areas),
[40 U.S.C. 601(a), 601(a)(1), 606, 101.17.002(i)(2) (urban areas), and
611(c), 612(a)(4)] 101-19
[PL 94-541]
Executive Order 13006, Locating Advisory Council on Historic
Federal Facilities on Historic Preservation.
Properties in Our Nation's Central
Cities (61 FR 26071, May 24, 1996)
Executive Order 13007, Indian Sacred Assistant to the President for
Sites (61 FR 26771, May 29, 1996) Domestic Policy.
Executive Order 11593, Protection Advisory Council on Historic
and Enhancement of the Cultural Preservation.
Environment (36 FR 8921, May 13,
1971) (16 U.S.C. 470 note)
----------------------------------------------------------------------------------------------------------------
[[Page 55581]]
11.1 Requirements
Several laws apply to this category of impact. The major laws
include the National Historic Preservation Act (NHPA) of 1966, as
amended, which establishes the Advisory Council on Historic
Preservation (ACHP) and the National Register of Historic Places (NRHP)
within the National Park Service (NPS). Section 110 governs Federal
agencies responsibilities to preserve and use historic buildings;
designate an agency Federal Preservation Officer (FPO); identify,
evaluate, and nominate eligible properties under the control or
jurisdiction of the agency to the National Register; give full
consideration in planning to potentially affected historic properties;
consult on preservation-related activities with other Federal, State,
and local agencies, Indian tribes, Native Hawaiian organizations, and
the private sector; and comply with the consultation and public notice
requirements of section 106, the professional standards of section 112,
and the confidentiality requirements of section 314.
The Archaeological Resources Protection Act (ARPA) is triggered by
the presence of archaeological resources on Federal or Indian lands.
The Archeological and Historic Preservation Act of 1974 provides for
the survey, recovery, and preservation of significant scientific, pre-
historical, historical, archaeological, or paleontological data when
such data may be destroyed or irreparably lost due to a Federal,
Federally licensed, or Federally funded action. The DOI's Standards and
Guidelines were published in the Federal Register (48 FR 44716,
September 29, 1983) to advise Federal agencies on the manner in which
this latter law will be implemented. Requirements are specified under
subparagraph (c) of the Archeological and Historic Preservation Act of
1974.
The Native American Graves Protection and Repatriation Act (NAGPRA)
is triggered by the possession of human remains or cultural items by a
Federally funded repository or by the discovery of human remains or
cultural items on Federal or tribal lands and provides for the
inventory, protection, and return of cultural items to affiliated
Native American groups. Most of the historic and archaeological
preservation laws require consultation with Native Americans. Permits
are required for intentional excavation and removal of Native American
cultural items from Federal or tribal lands. The Act includes
provisions that, upon inadvertent discovery of remains, the action will
cease in the area where the remains were discovered, and the FAA
official will protect the materials and notify the appropriate land
management agency. For additional information see the Advisory
Council's policy statement of June 11, 1993, on Consultation with
Native Americans Concerning Properties of Traditional Religious and
Cultural Importance.
The Antiquities Act of 1906 was the first general law providing
protection for archeological resources. It protects all historic and
prehistoric sites on Federal lands and prohibits excavation or
destruction of such antiquities without the permission (antiquities
permit) of the Secretary of the department having jurisdiction. It also
authorizes the President to declare areas of public lands as national
monuments and to reserve or accept private lands for that purpose.
The Historic Sites Act of 1935 declares as national policy the
preservation for public use of historic sites, buildings, objects, and
properties of national significance. It gives the Secretary of the
Interior authority to make historic surveys, to secure and preserve
data on historic sites, and to acquire and preserve archeological and
historic sites. This act also establishes the National Historic
Landmarks program for designating properties having exceptional value
in commemorating or illustrating the history of the United States. It
gives the Secretary of the Interior broad powers to protect nationally
significant historic properties, including the Secretary's authority to
establish and acquire nationally significant historic sites.
The American Indian Religious Freedom Act of 1978 requires
consultation with Native American groups concerning proposed actions on
sacred sites on Federal land or affecting access to sacred sites. It
establishes Federal policy to protect and preserve for American
Indians, Eskimos, Aleuts, and Native Hawaiians their right to free
exercise of their religion. It allows these people to access sites, use
and possess sacred objects, and freedom to worship through ceremonial
and traditional rites. In practical terms, the act requires Federal
agencies to consider the impacts of their actions on religious sites
and objects that are important to Native Americans, including Alaska
Natives, and Native Hawaiians, regardless of the eligibility for the
National Register of Historic Places.
The Public Building Cooperative Use Act of 1976, along with NEPA
and NHPA, encourages the acquisition and use of space in suitable
buildings of historic, architectural, or cultural significance. The
associated regulations provide procedures for implementing this goal in
urban and rural areas.
Executive Order 13006, Locating Federal Facilities on Historic
Properties in Our Nation's Central Cities, requires Federal agencies,
when operationally appropriate and economically prudent, to use and
maintain historic properties and districts, especially those located in
central business areas and to give first consideration when locating
Federal facilities to historic properties within historic districts,
then developed or undeveloped sites within historic districts, and
lastly to historic properties outside of historic districts. Any
rehabilitation or construction that is undertaken must be
architecturally compatible with the character of the surrounding
historic district or properties.
Executive Order 13007, Indian Sacred Sites, requires Federal
agencies that manage Federal lands, defined as any land or interests in
land owned or leased by the United States, except Indian trust lands,
to the extent practicable, permitted by law, and not clearly
inconsistent with essential agency functions, to: (1) accommodate
access to and ceremonial use of Indian sacred sites by Indian religious
practitioners, and (2) avoid adversely affecting the physical integrity
of such sacred sites. Agencies shall maintain the confidentiality of
sacred sites as sacred by virtue of its established religious
significance to, or ceremonial use by, an Indian religion; provided
that the tribe or appropriately authoritative representative of an
Indian religion has informed the agency of the existence of such a
site. The responsible FAA official should consult the provisions in
Executive Order 13084, Consultation and Coordination with Indian Tribal
Governments (63 FR 27655, May 19, 1998), and the Presidential
Memorandum of April 29, 1994, Government-to-government Relations with
Native American Tribal Governments. Agencies are required, in
formulating policies significantly or uniquely affecting Indian tribal
governments, to 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 EO requires
Federal agencies to consult on a government-to-government basis with
Indian tribal governments to provide meaningful and timely input in the
development of regulatory policies on matters that significantly or
uniquely
[[Page 55582]]
affect their communities (see 63 FR 27655, May 19, 1998). Additional
information may be obtained from the FAA Federal Preservation Officer.
Executive Order 11593, Protection and Enhancement of the Cultural
Environment (36 FR 8921, May 13, 1971; reprinted in 16 U.S.C. 470
note), and Order DOT 5650.1, Protection and Enhancement of the Cultural
Environment, November 20, 1972, require that Federal plans and programs
contribute to the preservation and enhancement of sites, structures,
and objects of historic, architectural, or archaeological significance.
Permits/Certificates: Various statutes, such as the Antiquities Act
of 1906 (section 3), NAGPRA (section 3(c)), and ARPA (section 4),
require permits.
11.2 FAA Responsibilities
The State or Tribal Historic Preservation Officer (SHPO/THPO) and
other appropriate sources, must be consulted for advice early in the
environmental process. See 36 CFR part 800 which governs the section
106 consultation process under NHPA and encourages coordination between
section 106 and other statutes and with environmental and planning
reviews under State or local ordinances. (Undertakings that have the
potential to affect historic properties under section 106 constitute an
extraordinary circumstance requiring an EA even if the project normally
qualifies as a categorical exclusion under NEPA. Findings of no
historic properties present or affected or no historic properties
adversely affected under NHPA section 106 support determinations of no
use (either constructive or physical) under DOT section 4(f)). See also
specific requirements in 36 CFR part 800 and ACHP guidance for public
involvement during the consultation process.
The responsible FAA official determines whether the proposed action
is an ``undertaking,'' as defined in 36 CFR 800.16(y) and whether it is
a type of activity that has the potential to cause effects on historic
properties. If the agency determines, and the SHPO/THPO concurs, that
the action is not an undertaking or is an undertaking but does not have
the potential to have an effect on historic properties, a historical or
cultural resource survey is not necessary and the FAA may issue a
determination that the action is not an undertaking or has no effect.
If the action is an undertaking and may have an effect, then the first
step is to identify the area of potential effect (APE) and the
historical or cultural resources within it (see Secretary's Standards
and Guidelines for Identification).
Determination of Area of Potential Effect (APE): It is the FAA's
responsibility to determine the APE. This determination is made
generally in consultation with the appropriate SHPO(s)/THPO(s). APE
means the geographic area or areas within which an undertaking may
cause changes in the character or use of historic properties, if any
such properties are subsequently identified within the APE. The ACHP
and the SHPO/THPO may provide technical advice.
Identification and Evaluation Process: The FAA or designee must
survey the APE to identify properties potentially eligible or listed on
the National Register of Historic Places. If any eligible or listed
property is identified within the area of the proposed action's APE,
the ACHP's regulations, Protection of Historic Properties (36 CFR part
800) will be consulted and followed. Additional information may be
obtained from the FAA's Federal (Historic) Preservation Officer in the
Office of Environment and Energy and through cultural resources surveys
in the APE.
Traditional cultural places (TCPs) may be eligible for listing on
the National Register of Historic Places and thus may become the
subject of section 106 consultation following the procedures in 36 CFR
part 800 and National Park Service Bulletin 38 on ``Identifying
Traditional Cultural Places.'' The National Park Service Bulletin 38
identifies the National Register criteria for determining whether a
place qualifies as a TCP under the National Historic Preservation Act.
(Other NPS Bulletins are available to assist in identifying other types
of historic properties. Many of these are on file with the FAA Federal
Preservation Officer in the Office of Environment and Energy.) The FAA
may obtain necessary information to apply the criteria by informally
consulting. If informal consultation does not resolve issues relating
to identification of properties as National Register eligible or the
determination of effect, then the FAA must follow the procedures for
identification and analysis outlined in the Secretary of the Interior's
Standards and Guidelines.
If the site is a sacred site for a tribe, regardless of whether it
is the subject of section 106 consultation or eligible for the National
Register of Historic Places, the FAA must consult the tribe under the
American Indian Religious Freedom Act of 1978, and the E.O. 13007,
Indian Sacred Sites.
If human remains occur at the Federal or tribal lands site, NAGPRA
applies. Various archeological statutes, including ARPA and State,
local and Tribal laws and ordinances may also apply. Criminal laws and
the need to preserve evidence may also be involved when human remains
are found. If criminal activity such as looting or vandalism is
suspected, and consistent with FAA security directives, contact the FAA
Federal Historic Preservation Officer in the Office of Environment and
Energy, SHPO, or THPO to initiate coordination with the designated
counterpart Federal, State, or Tribal law enforcement officials who are
specially trained to investigate in such circumstances.
If the SHPO/THPO concurs with the FAA's determination regarding
eligibility of a resource for inclusion in the National Register, then
the consultation moves to the next step. If the SHPO/THPO does not
concur, the FAA must seek a determination of eligibility from the
Keeper of the National Register (DOI). The Keeper of the National
Register is responsible for issuing formal determination of National
Register eligibility when FAA and the SHPO/THPO can't agree on a
resource's eligibility for the National Register. (See also 36 CFR part
63.) Any person can request ACHP review of an agency's findings related
to identification of historic properties; evaluation of historic
significance; and finding that no historic properties are present. As a
result of such a request, the ACHP may request the FAA to seek a formal
determination from the Keeper. This is called a ``Determination of
Eligibility'' (DOE).
If no properties have been identified within the APE (i.e., the
area or areas in where the undertaking has the potential to alter the
characteristics that qualify or may qualify a property for inclusion in
the National Register of Historic Places), and no resources have been
identified that are subject to ARPA, NAGPRA, American Indian Religious
Freedom Act (AIRFA), Antiquites Act, section 303 of the amended
Department of Transportation Act (known as Section 4(f)), the
Archeological and Historic Preservation Act, E.O. 13007, Indian Sacred
Sites, or other laws covering specific types of cultural resources,
then no further analysis is needed.
Effects Finding: It is the FAA's responsibility to make a finding
of ``no historic properties present or affected'' or ``no historic
properties adversely affected'' after applying the criteria of effect
to historic properties in the APE and considering the views of the
consulting parties and the public.
To assess effects of the undertaking on identified historic
properties located in
[[Page 55583]]
the area of potential effect, the FAA applies the Criteria of Effect
listed in 36 CFR part 800 in consultation with the SHPO/THPO. If the
criteria in 36 CFR part 800 indicate and the SHPO/THPO agrees that the
action would not affect any listed or eligible property, then a finding
of no historic properties present or affected shall be made available
to the SHPO's/THPO's, the consulting parties and the public prior to
approving the undertaking. If there are no objections within 30 days of
receipt of the finding, then FAA has fulfilled its responsibility. The
findings shall be included in the environmental document.
No agreement on findings of no effect or no adverse effect: If the
SHPO(s)/THPO(s) disagree with the FAA's finding of no historic
properties present or affected or no historic properties adversely
affected (No Adverse Effect), then the process moves to the next stage
in which an adverse effect is presumed and negotiations are begun to
identify mitigation measures.
If the SHPO/THPO disagrees with the FAA's finding of no historic
properties present or affected or no historic properties adversely
affected (No Adverse Effect), then the dispute may be referred to the
ACHP. Supporting documentation for a finding of No Adverse Effect
together with the written views of the SHPO/THPO will be forwarded to
the ACHP for review by the Executive Director. Under 36 CFR part 800,
any person can request ACHP review of an agency finding of No Adverse
Effect. If ACHP does not agree with a No Adverse Effect finding and the
FAA does not accept ACHP recommended changes, an Adverse Effect finding
occurs.
If an adverse effect on properties is indicated, a finding of
Adverse Effect and the Memorandum of Agreement (MOA) will be included
in the Categorical Exclusion, EA or EIS with supporting documentation.
If the consulting parties agree on an alternative to avoid or
satisfactorily mitigate adverse effects, FAA must send information
specified in 36 CFR 800.11(e) to ACHP to alert the ACHP of the adverse
effect and provide the ACHP an opportunity to participate in
consultation. The FAA and SHPO/THPO will then prepare and execute an
MOA specifying how the proposed action will proceed to avoid or
mitigate the adverse effects. For more information concerning drafting
MOA's, consult the ACHP's Preparing Agreement Documents (PAD). A
finding of Adverse Effect triggers further consultation among Federal
agency, SHPO/THPO, and other interested parties to consider means to
avoid or minimize effects on historic properties. Mitigation can
include data collection according to the Secretary's Guidelines prior
to destruction or modification of the resource. The ACHP must be
notified of the potential for adverse effect and may participate in
consultation. The results of consultation concerning the action's
adverse effects on an eligible or listed property are included in the
MOA. If a finding of Adverse Effect cannot be avoided through
mitigation or action modification, further consultation and analysis
will be necessary.
Planning for Unanticipated Discovery: In projects especially
involving excavation or ground-disturbing activities which may result
in unanticipated discovery of potentially eligible historic or
archeological resources, the FAA should develop a plan for addressing
impacts on these properties and include this plan in the MOA, or the EA
or EIS prepared for the action. The MOA may include provision for
unanticipated discovery and include provisions to halt construction.
When the FAA has developed such a plan and then discovers historic
properties after completing section 106 requirements, the FAA follows
the plan that was approved during the section 106 consultation and
thereby meets its section 106 requirements regarding the newly
discovered properties. The FAA should include a commitment in the EA/
FONSI or EIS/ROD to halt construction in the immediate vicinity of the
discovered properties and implement the plan if new or additional
historic properties are discovered after work has begun on a project.
If the FAA has not prepared a plan to address discovery of
unanticipated historic properties, then the FAA must afford the SHPO/
THPO, the ACHP, and interested parties an opportunity to comment on
effects to these newly discovered properties in one of several ways.
See 36 CFR part 800 for additional information.
Programmatic agreements: When an undertaking is going to be
repeated many times, e.g., the decommissioning of a particular type of
building, the FAA may negotiate a programmatic agreement (PA) with the
ACHP. A PA may also be negotiated with the ACHP and the National
Conference of State Historic Preservation Officers (NCSHPO) if the
undertaking will be repeated in several different States (see 36 CFR
part 800). The FAA may work through the National Association of Tribal
Historic Preservation Officers (NATHPO) to facilitate coordination with
tribes. A PA may also be negotiated with the ACHP and the NCSHPO and
counterpart tribal organization, if an undertaking is complex, wide in
scope, and the effects are not known precisely. Typically, the FAA must
be able to describe the undertaking, including the timeframe and
whether the undertaking will be staged. For example, as studies are
completed, the APE and the types of expected effects as well as the
potential for mitigation must be identified before the ACHP will agree
to the PA. For more information see 36 CFR 800.13 and the ACHP's
Preparing Agreement Documents.
The FAA may proceed without agreement on mitigation, i.e., without
a MOA or PA, but first the FAA must seek ACHP comment. The ACHP can
send the request back to the FAA with the comment that it is premature
to request ACHP comments until the FAA can provide more documentation.
If the FAA has made a good faith attempt to identify eligible
properties, determine effects, and negotiate an agreement on mitigation
but has determined that agreement is unlikely, the ACHP may convene a
panel of ACHP members and hold public hearings before preparing its
comments. Typically, the ACHP will ask the FAA to pay for the cost of
the panel's travel and other expenses related to the hearings. ACHP
comments are directed to the Administrator. The Administrator must then
respond to the ACHP comments before proceeding. This responsibility
cannot be delegated.
11.3 Significant Impact Thresholds
The section 106 consultation process includes consideration of
feasible and prudent alternatives to avoid adverse effects on National
Register listed or eligible properties; of mitigation measures; and of
accepting adverse effects. The FAA has the final judgment on whether
the appropriate action choice is an EIS or a FONSI. Advice from the
ACHP and the SHPO/THPO may assist the FAA in making this judgment.
11.4 Analysis of Significant Impacts
If the consulting parties agree that the alternative would not
avoid or mitigate the adverse impacts but that it is in the public
interest to proceed with the proposed action, a MOA shall be executed.
This MOA may specify recording, salvage, or other measures that shall
be taken to minimize adverse impacts before the proposed action
proceeds. It is likely that, in this circumstance, the impact on
National Register or eligible properties will be considered significant
and require the preparation of an EIS.
[[Page 55584]]
The FAA makes the final decision on whether to prepare an EIS. If
the FAA is already preparing a draft EIS because of other significant
impacts, this draft EIS should discuss impacts on historic resources
and can be submitted as the preliminary case report, if appropriately
identified as such and if the FAA so requests in the cover letter
transmitting the draft EIS and requesting comments. Unless accompanied
by such a request, circulation of the draft EIS does not constitute a
request for ACHP comments pursuant to section 106 of NHPA and 36 CFR
part 800.
The ACHP may be a cooperating agency when the preparation of an EIS
is needed to address significant impacts on historic, archeological,
and cultural resources. Information developed for and during the
consultation process will be sufficient for purposes of EIS
documentation. The final EIS shall include comments of the ACHP and a
copy of any MOA. (If a MOA has been executed prior to circulation of a
draft EIS, the MOA shall be included in the draft). Within 90 days
after carrying out the terms of a MOA, the FAA is required to report to
all signatories on the actions taken to comply with the MOA.
Section 12.--Light Emissions and Visual Impacts
----------------------------------------------------------------------------------------------------------------
Statute Regulation Oversight agency
----------------------------------------------------------------------------------------------------------------
See requirements below.
----------------------------------------------------------------------------------------------------------------
12.1 Requirements
A description of potential impacts due to light emissions or visual
impacts associated with a Federal action may be necessary.
Consideration should be given to impacts on people and properties
covered by section 303 (formerly, 4(f)) of the DOT Act.
Permits/Certificates: Not Applicable.
12.2 FAA Responsibilities
a. Light Emissions. The responsible FAA official considers the
extent to which any lighting associated with an action will create an
annoyance among people in the vicinity or interfere with their normal
activities. Because of the relatively low levels of light intensity
compared to background levels associated with most air navigation
facilities (NAVAIDS) and other airport development actions, light
emissions impacts are unlikely to have an adverse impact on human
activity or the use or characteristics of the protected properties.
Information will be included in the environmental document whenever the
potential for annoyance exists, such as site location of lights or
light systems, pertinent characteristics of the particular system and
its use, and measures to lessen any annoyance, such as shielding or
angular adjustments.
b. Visual Impacts. Visual, or aesthetic, impacts are inherently
more difficult to define because of the subjectivity involved.
Aesthetic impacts deal more broadly with the extent that the
development contrasts with the existing environment and whether the
community jurisdictional agency considers this contrast objectionable.
Public involvement and consultation with appropriate Federal, State,
local, and tribal agencies may help determine the extent of these
impacts. The art and science of analyzing visual impacts is
continuously improving and the responsible FAA official should
consider, based on scoping or other public involvement, the degree to
which available tools should be used to more objectively analyze
subjective responses to proposed visual changes.
12.3 Analysis of Significant Impacts
When an action is determined to have significant light or visual-
related impacts, use the following applicable instructions:
a. Light Emissions. The EIS description of potential annoyance from
airport lighting and measures to minimize the effects should be
documented in a similar fashion in an EIS to that in an EA. Further
consideration may concentrate on previously unconsidered mitigation
measures and alternatives. It is possible that the responsible FAA
official will judge that a special lighting study is warranted.
b. Visual Impacts. The impact discussion will normally include
appropriate presentation of the application of design, art,
architecture and landscape architecture in mitigating adverse visual
and other impacts and encouraging enhancement of the environment.
Section 13.--Natural Resources, Energy Supply, and Sustainable Design
----------------------------------------------------------------------------------------------------------------
Statute Regulation Oversight agency
----------------------------------------------------------------------------------------------------------------
See requirements below.
----------------------------------------------------------------------------------------------------------------
13.1 Requirements
Executive Order 13123, Greening the Government Through Efficient
Energy Management (64 FR 30851, June 8, 1999), encourages each Federal
agency to expand the use of renewable energy within its facilities and
in its activities. E.O. 13123 also requires each Federal agency to
reduce petroleum use, total energy use and associated air emissions,
and water consumption in its facilities.
It is also the policy of the FAA, consistent with NEPA and the CEQ
regulations, to encourage the development of facilities that exemplify
the highest standards of design including principles of sustainability.
All elements of the transportation system should be designed with a
view to their aesthetic impact, conservation of resources such as
energy, pollution prevention, harmonization with the community
environment, and sensitivity to the concerns of the traveling public.
This is in keeping with section 102(2)(A) of NEPA, which requires all
agencies to ``* * * utilize a systematic interdisciplinary approach,
which will ensure the integrated use of the natural and social sciences
and the environmental design arts in planning and in decisionmaking. *
* *''
Permits/Certificates: Not Applicable.
13.2 FAA Responsibilities
Principles of environmental design and sustainability, including
pollution prevention, waste minimization, and resource conservation
should be followed generally in project or program planning. For
purposes of the EA or EIS, the proposed action will be examined to
[[Page 55585]]
identify any proposed major changes in stationary facilities or the
movement of aircraft and ground vehicles that would have a measurable
effect on local supplies of energy or natural resources. If there are
major changes, power companies or other suppliers of energy will be
contacted to determine if projected demands can be met by existing or
planned source facilities. The use of natural resources other than for
fuel need be examined only if the action involves a need for unusual
materials or those in short supply. For example, if a large volume of
water will be required, the availability of a supply of water from
existing or planned water facilities or from surface or groundwater
sources should be considered. Therefore, evaluation of significant
energy, water, and other resource use for major construction actions is
important.
For most actions, changes in energy demands or other natural
resource consumption will not result in significant impacts. If an EA
identifies problems such as demands exceeding supplies, additional
analysis may be required in an EIS. Otherwise, it may be assumed that
impacts are not significant.
13.3 Analysis of Significant Impacts
Analysis in an EIS includes detail needed to fully explain the
degree of the problem and measures to be taken to minimize the impact.
Measures such as more efficient airfield design, ground access
improvements, or energy and resource efficient building design will be
considered and described where applicable and incorporated in the
action to the extent possible. The Department of Energy (DOE) may be a
cooperating agency and be of assistance in determining additional
specific analysis needed for energy use and in judging the seriousness
of impacts.
Section 14.--Noise
----------------------------------------------------------------------------------------------------------------
Statute Regulation Oversight agency
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 47501-47507 (Aviation 14 CFR part 150 Federal Aviation Administration.
Safety and Noise Abatement Act of Noise Control and Compatibility
1979, as amended) Planning for Airports Advisory
49 U.S.C. 40101 et seq., as amended Circular, 150/5020
by PL 103-305 (Aug. 23, 1994) (The 14 CFR part 161 Notice and Approval
Federal Aviation Act of 1958) of Airport Noise and Access
The Control and Abatement of Restrictions
Aircraft Noise and Sonic Boom Act
of 1968
49 U.S.C. 47101 et seq., as amended
by PL 103-305 (Aug. 23, 1994) (The
Airport and Airway Improvement Act)
49 U.S.C. 2101 et seq. (Airport .................................... Environmental Protection Agency.
Noise and Capacity Act of 1990)
49 U.S.C. 44715 (The Noise Control
Act of 1972)
----------------------------------------------------------------------------------------------------------------
14.1 Requirements
For aviation noise analysis, the FAA has determined that the
cumulative noise energy exposure of individuals to noise resulting from
the operation of an airport must be established in terms of yearly day/
night average sound level (DNL). The FAA recognizes CNEL (community
noise equivalent level) as an alternative metric for California. An
initial noise analysis during the environmental assessment process
should be accomplished to determine whether further, more detailed
analysis is necessary.
The Interagency Memorandum of Agreement between the FAA and the
Department of the Interior's National Park Service, Fish and Wildlife
Service, and the Bureau of Land Management (January 1993) requires the
FAA to coordinate efforts to minimize aviation impacts over lands
controlled by these agencies within the Department of the Interior.
Permits/Certificates. Not applicable.
14.2 FAA Responsibilities
If significant noise impacts are expected, the FAA official must
prepare a detailed noise analysis as part of an EIS in accordance with
the following requirements. An EIS need not be prepared if the proposed
action incorporates mitigation that reduces the noise impact below
significant noise impact threshold levels.
All detailed noise analyses must be performed using the most
current version of the FAA's Integrated Noise Model (INM) or Heliport
Noise Model (HNM) to develop noise exposure contours at and around
airports and heliports, respectively. Use of an equivalent methodology
and computer model must receive prior written approval from the FAA's
Office of Environment and Energy (AEE). Preceedence evaluation with FAA
screening methodologies, e.g., Area Equivalent Method (AEM) and Air
Traffic Noise Screening (ATNS), may be appropriate. Use of equivalent
screening methodologies must receive prior written approval from AEE.
All computer model input data should be collected early in the
environmental process and should reasonably reflect current and
forecasted conditions relative to the proposed action and alternatives.
Unless it can be justified, all noise analyses must be performed using
the FAA's INM and/or HNM standard and default data. Modification to
standard or default data requires written approval from AEE.
EA and EIS preparers will provide input documentation with one copy
of the INM/HNM input files used in the noise analyses and the
corresponding case echo reports to the FAA official on electronic media
specified by that official. If equivalent methodologies or the use of
non-standard or non-default data are approved, a description of the
methodology or additional, non-standard, or non-default data must be
submitted along with a copy of AEE's approval.
14.3 Significant Impact Thresholds
A significant noise impact would occur if analysis shows that the
proposed project will cause noise sensitive areas to experience an
increase in noise of DNL 1.5 dB or more at or above DNL 65 dB noise
exposure. For example, an increase from 63.5 dB to 65 dB is considered
a significant impact.
14.4 Analysis of Significant Impacts
For proposed actions which result in a general overall increase in
daily aircraft operations or the use of larger/noisier aircraft, as
long as there are no changes in ground tracks or flight
[[Page 55586]]
profiles, the initial analysis may be performed using the FAA's Area
Equivalent Method (AEM) computer model. The time of day is also part of
the equation used in the AEM method. If the AEM calculations indicate
that the proposed action would result in less than a 17 percent
(approximately a DNL 1 dB) increase in the DNL 65 dB contour area, it
may be concluded that there would be no significant impact over noise
sensitive areas and that no further noise analysis is required. If the
AEM calculations indicate an increase of 17 percent or more, or if the
proposed action is such that use of the AEM is not appropriate, then
the proposed action must be analyzed using the INM or HNM to determine
if significant noise impacts will result.
The determination of significance must be obtained through the use
of INM or HNM noise contours and/or grid point analysis along with
local land use information and general guidance contained in Appendix A
of 14 CFR part 150. Special consideration may need to be given to
whether Part 150 land use compatibility categories need adjustment when
evaluating the noise impact on properties of unique significance such
as national parks, national wildlife refuges, and Tribal sacred sites.
Part 150 land use guidelines are not applicable to determining impacts
on wildlife. In general, studies to date indicate that aircraft noise
has a minimal impact on animals. When instances arise in which aircraft
noise is a concern with respect to wildlife impacts, available studies
dealing with specific species should be reviewed and used in the
analysis.
In accordance with the 1992 FICON (Federal Interagency Committee on
Noise) recommendations, examination of noise levels between DNL 65 and
60 dB should be done if determined to be appropriate after application
of the FICON screening procedure (FICON p. 3-5). If screening shows
that noise sensitive areas at or above DNL 65 dB will have an increase
of DNL 1.5 dB or more, further analysis should be conducted to identify
noise-sensitive areas between DNL 60-65 dB having an increase of DNL 3
dB or more due to the proposed action. The FAA then uses this
information during its consideration of potential mitigation for those
areas (FICON p. 3-7).
The INM or HNM will be used to produce the following information:
a. Noise exposure contours at the DNL 75 dB, DNL 70 dB, and DNL 65
dB levels. Additional contours are optional and considered on a case-
by-case basis.
b. Analysis within the proposed alternative DNL 65 dB contour to
identify noise sensitive areas where noise will increase by DNL 1.5 dB.
Increases of 1.5 dB that introduce new noise sensitive areas to
exposure levels of 65 dB or more are included in this analysis.
c. Analysis within the DNL 60-65 dB contours to identify noise
sensitive areas where noise will increase by DNL 3 dB, only when DNL
1.5 dB increases are documented within the DNL 65 dB contour.
The noise analysis will be conducted to reflect current conditions
and forecast conditions for all reasonable alternatives, including the
preferred and no action alternatives. This analysis should include maps
and other means to depict land uses within the noise impact area. The
addition of flight tracks is helpful in illustrating where the aircraft
normally fly. Illustrations shall be large enough and clear enough to
be readily understood.
Noise monitoring data may be included in an EA or EIS at the
discretion of the responsible FAA official. Noise monitoring is not
required and should not be used to calibrate the noise model.
DNL contours and/or grid point analysis will be prepared for the
following:
a. Current conditions; and
b. No Action conditions compared with the proposed action and
reasonable alternatives. Comparisons should be done for appropriate
timeframes. Timeframes usually selected are the year of anticipated
project implementation and at least one year farther into the future by
5 to 10 years. Additional timeframes may be desirable for particular
projects.
If the above comparisons show a DNL 1.5 dB or greater increase over
a noise sensitive area within the DNL 65 dB contour, a level of
significant noise impact has been reached.
The following information will be disclosed in the EIS for each
modeling scenario that is analyzed:
a. The number of people living within each noise contour at or
above DNL 65 dB, including the net increase or decrease in the number
of people exposed to that level of noise. (Use of maps that depict
locations within a community of noise sensitive areas is recommended.)
b. The location and number of noise sensitive uses (e.g., schools,
churches, hospitals, parks, recreation areas) within the DNL 65 dB
contour.
c. Mitigation measures in effect or proposed and their relationship
to the proposal.
When a proposed FAA action would result in a significant noise
increase and is highly controversial on this basis, the EIS should
include information on the human response to noise that is appropriate
for the proposal under analysis. Inclusion of data on background or
ambient noise may be helpful.
14.5 Supplemental Noise Analysis
The Federal Interagency Committee on Noise (FICON) report,
``Federal Agency Review of Selected Airport Noise Analysis Issues,''
dated August 1992, concluded that the Day-Night Average Sound Level
(DNL) is the recommended metric and should continue to be used as the
primary metric for aircraft noise exposure. However, DNL analysis may
optionally be supplemented on a case-by-case basis to characterize
specific noise effects. Because of the diversity of situations, the
variety of supplemental metrics available, and the limitations of
individual supplemental metrics, the FICON report concluded that the
use of supplemental metrics to analyze noise should remain at the
discretion of individual agencies.
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 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.
Supplemental analyses may be accomplished using the various
capabilities of INM for specific grid point analysis. Noise analyses
can be used in combination with geographic information system (GIS)
design programs such as AutoCAD and the U.S. Census TIGER databases to
determine various population impacts within specified areas.
The following metrics have been used in developing supplemental
noise analyses for a variety of reasons such as sleep disturbance,
speech interference,
[[Page 55587]]
soundproofing, and analysis for special areas such as national parks:
a. SEL (sound exposure level)--A single event metric that takes
into account both the noise level and duration of the event and
referenced to a standard duration of one second.
b. Lmax (maximum sound level)--A single event metric
that is the highest A-weighted sound level measured during an event.
c. Leq (equivalent sound level)--A cumulative level of a
steady tone that provides an equivalent amount of sound energy for any
specific period.
d. TA (time above)--A single event metric that gives the duration,
in minutes, for which aircraft-related noise exceeded a specified A-
weighted sound level during a given period.
e. SPL (sound pressure level)--One-third octave band sound pressure
levels that form the starting point for all other noise metrics. SPL
provides a detailed description of the frequency components of a single
complex sound and are used in assessing the effectiveness of
soundproofing.
The type and nature of community activity potentially impacted
should be considered. The FICON report identified sleep disturbance and
speech interference as two areas where it is appropriate to consider
supplemental metrics. In the case of sleep disturbance, the report
referred the reader to a dose-response relationship developed by the US
Air Force Armstrong Laboratories. This relationship relates SEL to a
percent-awakened number. No provision is made for combining the effects
of multiple events. To examine speech interference, FICON recommends
using a cumulative A-weighted metric that is limited to the affected
time period hours or a Time-above analysis. Additionally, FICON
provides a table that relates DNL to speech interference. The
guidelines for both sleep interference and communication interference
relate the degree of interference to single event indoor noise levels.
For modeling purposes, FICON cites 15-25 dB reductions between indoor
and outdoor levels. Single events above 85 dB can be assumed to have
some effect on communication in a classroom.
14.6 Projects Not Requiring a Noise Analysis
a. No noise analysis is needed for proposals involving Design Group
I and II airplanes on utility or transport type airports whose forecast
operations in the period covered by the EA do not exceed 90,000 annual
propeller operations (247 average daily operations) or 700 jet
operations (2 average daily operations). These numbers of general
aviation (GA) propeller and jet operations result in DNL 60 dB contours
of less than 1.1 square miles that extend no more than 12,500 feet from
start of takeoff roll. The DNL 65 dB contour areas would be 0.5 (one-
half) square mile or less and extend no more than 10,000 feet from
start of takeoff roll. Note that the Cessna Citation 500 and any other
jet aircraft producing levels less than the propeller aircraft under
study may be counted as propeller aircraft rather than jet aircraft.
b. No noise analysis is needed for proposals involving existing
heliports or airports whose forecast helicopter operations in the
period covered by the EA do not exceed 10 annual daily average
operations with hover times not exceeding 2 minutes. These numbers of
helicopter operations result in DNL 60 dB contours of less than 0.10
(one-tenth) square mile that extend no more than 1,000 feet from the
pad. Note that this rule applies to the Sikorsky S-70 with a maximum
gross takeoff weight of 20,224 pounds and any other helicopter weighing
less or producing equal or less levels.
14.7 Part 150 Noise Proposals
If the proposal requiring an EA or EIS is the result of a
recommended noise mitigation measure included in an FAA-approved 14 CFR
part 150 noise compatibility program, the noise analysis developed in
the program will normally be incorporated in the EA or EIS. The FAA
responsible official must determine whether this is sufficient for EA
or EIS noise analysis purposes.
14.8 Facilities (Non-aircraft) and Equipment
The provisions of the Noise Control Act of 1972 (NCA) (P.L. 92-
574), as amended, apply. FAA may use State and local standards as a
guide for particular activities if these standards are at least as
stringent as Federal standards. The NCA provisions apply to all land
uses. FAA should give special attention to noise sensitive sites in
developing mitigation (e.g., scheduling machinery operations near
hospitals).
14.9 Flight Standards
Flight Standards actions that are subject to environmental
procedures and assessments include the issuance of an air carrier
operating certificate, an operating certificate, the approval of
operations specifications or amendments thereto that may significantly
change the character of the operational environment of an airport. The
person responsible for issuing the certificate or approving the
operations specifications is also responsible for assuring the
assessment is prepared. Thorough coordination among Flight Standards
District Office personnel, the Regional Flight Standards Division and
the Regional Noise Abatement Officer is essential. Coordination among
regions is expected if action cross regional boundaries.
In preparing a noise analysis for an assessment, the Flight
Standards District Office personnel normally will collect information
from the operator that includes airports, types of aircraft and
engines, number of scheduled operations per day, and the number of day/
night operations. The information should also include the operator's
long range plans and operation assumptions that are sufficiently
conservative to encompass reasonably foreseeable changes in operations.
If the carrier declines to furnish the information, or if the
furnished information on operations at the airport does not address
night operations, or if the information otherwise patently understates
the potential operations (when compared with carrier's operations at
other airports or with other carrier's operations at that airport), the
responsible Federal official will develop an operational assumption
which includes night operations and which is otherwise consistent with
the typical operations of similar carriers at similar airports. This
operational assumption will be used in the environmental assessment
after coordination with the affected air carrier. If the air carrier
objects to the use of this operational assumption in the assessment,
the carrier may specify that a lesser level of operations be used in
the assessment, provided that the carrier agrees that this lesser level
will serve as a limit on the operations specifications. If the carrier
refuses such a limitation, the FAA will include all reasonably
foreseeable operations in the assessment. In this situation the
assessment shall state the operational assumption was developed solely
for the purpose of environmental analyses and that it is not to be
viewed as a service commitment by the carrier.
If an EIS is required, the affected operator should be advised as
soon as possible and should be requested for any additional required
information. District Office personnel will coordinate, as necessary,
any activity with the operator. The certificate will not be issued or
the operations specifications approved until all issues and questions
associated with the EIS are fully resolved and the Regional Director
has concurred with the issuance or approval.
[[Page 55588]]
Section 15.--Secondary (Induced) Impacts
----------------------------------------------------------------------------------------------------------------
Statute Regulation Oversight agency
----------------------------------------------------------------------------------------------------------------
See requirements below.
----------------------------------------------------------------------------------------------------------------
Major development proposals often involve the potential for induced
or secondary impacts on surrounding communities. When such potential
exists, the EA shall describe in general terms such factors. Examples
include: shifts in patterns of population movement and growth; public
service demands; and changes in business and economic activity to the
extent influenced by the airport development. Induced impacts will
normally not be significant except where there are also significant
impacts in other categories, especially noise, land use, or direct
social impacts. In such circumstances, an EIS may be needed.
Section 16.--Socioeconomic Impacts, Environmental Justice, and
Children's Environmental Health and Safety Risks
----------------------------------------------------------------------------------------------------------------
Statute Regulation Oversight Agency
----------------------------------------------------------------------------------------------------------------
Uniform Relocation Assistance and FAA Advisory Circular 150/5100-17 Federation Aviation Administration.
Real Property Acquisition Policies 49 CFR part 24
Act of 1970 FAA Order 5100.37A, Land Acquisition
[42 U.S.C. 4601] and Relocation Assistance for
[PL 91-528 amended by the Surface Airport Projects
Transportation and Uniform
Relocation Act Amendments of 1987,
PL 100-117]
Executive Order 12898, Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations (59 FR 7629,
February 16, 1994)
Order DOT 5610.2, April 15, 1997 Department of Transportation.
CEQ Environmental Justice: Guidance Council on Environmental Quality.
Under the National Environmental Environmental Protection Agency.
Policy Act, December 10, 1997
----------------------------------------------------------------------------------------------------------------
16.1 Requirements
If acquisition of real property or displacement of persons is
involved, 49 CFR part 24 implementing the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, as amended must be
met. Otherwise, the FAA, to the fullest extent possible, observes all
local and State laws, regulations, and ordinances concerning zoning,
transportation, economic development, housing, etc. when planning,
assessing, or implementing the proposed action. (This requirement does
not cover local zoning laws, set-back ordinances, and building codes
because the Federal government is exempt from them.)
Additional requirements and responsibilities are established by
Executive Order 12898, Federal Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations, and the
accompanying Presidential Memorandum, Order DOT 5610.2, Environmental
Justice, and Executive Order 13045, Protection of Children from
Environmental Health Risks and Safety Risks in accordance with 40 CFR
1508.27. These may apply to other impact categories, such as noise, air
quality, water, hazardous materials, and cultural resources. During the
initial review described in paragraph 201 of this order, the
responsible FAA official should consider demographic information for
the purposes of anticipating potential public concerns, such as
environmental justice and children's environmental health risks.
Executive Order 12898 and the accompanying Presidential Memorandum,
and Order DOT 5610.2 require FAA to provide for meaningful public
involvement by minority and low-income populations and analysis,
including demographic analysis, that identifies and addresses potential
impacts on these populations that may be disproportionately high and
adverse. Included in this process is the disclosure of the effects on
subsistence patterns of consumption of fish, vegetation, or wildlife,
and to ensure effective public participation and access to this
information. The Presidential Memorandum that accompanied E.O. 12898
and the CEQ and EPA Guidance encourage the consideration of
environmental justice impacts in EAs, especially to determine whether a
disproportionately high and adverse impact may occur.
Executive Order 13045 requires FAA to ensure that its policies,
programs, activities, and standards address disproportionate risks to
children that result from environmental health risks and safety risks.
The E.O. established a coordinating mechanism overseen by EPA to
develop a coordinating mechanism until such time as [NEPA] guidance is
available. FAA will rely on currently available information consistent
with 40 CFR 1502.22 concerning incomplete and unavailable information
and 1502.24 concerning methodology and scientific accuracy.
The responsible FAA official should consult the provisions in
Executive Order 13084, ``Consultation and Coordination with Indian
Tribal Governments'' (63 FR 27655, May 19, 1998), and the Presidential
Memorandum of April 29, 1994, Government-to-government Relations with
Native American Tribal Governments. Agencies are required, in
formulating policies significantly or uniquely affecting Indian tribal
governments, to 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 EO requires
Federal agencies to consult on a government-to-government basis with
Indian tribal governments to provide meaningful and timely input in the
development of regulatory policies on matters that significantly or
uniquely
[[Page 55589]]
affect their communities (see 63 FR 27655, May 19, 1998).
The FAA follows ANSI/IEEE (American National Standards Institute/
Institute of Electrical and Electronic Engineers) guidelines for
evaluating impacts of electromagnetic fields associated with
communication, navigation, and surveillance facilities in accordance
with 40 CFR 1508.27(b)(2). For additional information, the responsible
FAA official should refer to Chapter 14, Radiation Safety Program, of
FAA Order 3900.19B, FAA Occupational Safety and Health Program (April
29, 1999).
Permits/Certificates: Not Applicable.
16.2 FAA Responsibilities
The responsible FAA official consults with local transportation,
housing, and economic development, relocation and social agency
officials, and community groups regarding the social impacts of the
proposed action. The principal social impacts to be considered are
those associated with relocation or other community disruption,
transportation, planned development, and employment. The environmental
document provides estimates of the numbers and characteristics of
individuals and families to be displaced, the impact on the
neighborhood and housing to which relocation is likely to take place,
and an indication of the ability of that neighborhood to provide
adequate relocation housing for the families to be displaced. The
environmental document includes a description of special relocation
advisory services to be provided, if any, for the elderly, handicapped,
or illiterate regarding interpretation of benefits or other assistance
available.
The Presidential Memorandum that accompanied E.O. 12898 encourages
the consideration of environmental justice impacts in EAs, especially
to determine whether a disproportionately high and adverse impact may
occur. Although such an analysis is not required in an environmental
assessment, it may be helpful in determining whether there is a
potentially significant impact. To implement Executive Order 12898, the
accompanying Presidential Memorandum, and Order DOT 5610.2, where there
is a potentially significant impact as part of its EIS process, FAA
must provide for meaningful public involvement by minority and low-
income populations and for analysis, including appropriate demographic
analysis of the potential effects, to identify and address potential
impacts on these populations that may be disproportionately high and
adverse, and then disclose this information to potentially affected
populations for proposed actions that are likely to have a substantial
effect and for CERCLA sites. The responsible FAA official should follow
the procedures outlined in appendix 10 for analyzing the potential
impacts, offsetting benefits, potential alternatives, and substantial
need. Additional guidance may be obtained from CEQ Environmental
Justice: ``Guidance Under the National Environmental Policy Act.''
FAA must identify and assess potential environmental health risks
to children, which are defined to mean risks to health that are
attributable to products or substances that the child is likely to come
in contact with or ingest, such as air, food, water, soil, and
products. In addition, an analysis of the environmental health effects
of a planned regulation and an explanation of why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by the agency are required when the
proposed action is a substantive regulatory action, that is, a
rulemaking that may be economically significant under Executive Order
12866, Regulatory Planning and Review, or concern an environmental
health risk that an agency has reason to believe may disproportionately
affect children.
16.3 Significant Impact Thresholds
Factors to be considered in determining impact in this category
include, but are not limited to, the following:
a. Extensive relocation of residents is required, but sufficient
replacement housing is unavailable.
b. Extensive relocation of community businesses, and that
relocation would create severe economic hardship for the affected
communities.
c. Disruptions of local traffic patterns that substantially reduce
the levels of service of the roads serving the airport and its
surrounding communities.
d. A substantial loss in community tax base.
16.4 Analysis of Significant Impacts
This category is triggered when the potential for significant
impact exists, because of extensive relocation impacts, fragmentation
of neighborhoods and communities, adverse and disproportionately high
impact on minority or low income communities, or other community
disruption, is identified. In these cases, additional analysis is
needed to describe the degree of impact and to identify mitigation or
alternative that could minimize such adverse effects. Such actions do
not necessarily trigger preparation of an EIS (e.g., the impacts of a
rulemaking that only affects children's safety risks (such as child
safety seat rules) and does not raise environmental health risk issues
could be addressed in the regulatory evaluation rather than in an EA or
EIS).
If an insufficient supply of general available relocation housing
is indicated, a thorough analysis of efforts made to remedy the problem
will be reflected in the EIS including, if necessary, provision for
housing of last resort as authorized by section 206(a) of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act. If
business relocation would cause appreciable economic hardship on the
community, if significant changes in employment would result directly
from the action, or if community disruption is considered substantial,
the EIS will include a detailed explanation of the effects and the
reasons why significant impacts cannot be avoided.
When the EA indicates substantial induced or secondary effects
directly attributable to the proposal, a detailed analysis of such
effects will be included in the EIS. As pertinent and to the extent
known or reasonably foreseeable, such factors as effects on regional
growth and development patterns, and spin-off jobs created will be
described.
[[Page 55590]]
Section 17.--Water Quality
----------------------------------------------------------------------------------------------------------------
Statute Regulation Oversight agency
----------------------------------------------------------------------------------------------------------------
Federal Water Pollution Control Act, 40 CFR parts 110-112, 116, 117, 122, Environmental Protection Agency.
as amended, known as the Clean 129, 136, and 403 State and Tribal Water Quality
Water Act Agencies.
[33 U.S.C. 1251-1387]
[PL 92-500, as amended by the Clean
Water Floodplains and Floodways Act
of 1977, 33 U.S.C. 1252, PL 95-217,
and PL 100-4]; as amended by the
Oil Pollution Act of 1990 (section
311 of the Clean Water Act)
Safe Drinking Water Act, as amended
(SDWA, also known as the Public
Health Service Act)
[42 U.S.C. 300f to 300j-26]
[PL 104-182]
Fish and Wildlife Coordination Act
of 1980
[16 U.S.C. 661-666c]
[PL 85-624]
49 USC 47106(c)(1)(B) (former
Airport and Airways Improvement Act
of 1982, section 509(7)(A))
----------------------------------------------------------------------------------------------------------------
17.1 Requirements
The Federal Water Pollution Control Act, as amended (commonly
referred to as the Clean Water Act), provides the authority to
establish water quality standards, control discharges, develop waste
treatment management plans and practices, prevent or minimize the loss
of wetlands, location with regard to an aquifer or sensitive ecological
area such as a wetlands area, and regulate other issues concerning
water quality.
If the proposed Federal action would impound, divert, drain,
control, or otherwise modify the waters of any stream or other body of
water, the Fish and Wildlife Coordination Act applies, unless the
project is for the impoundment of water covering an area of less than
ten acres. The Fish and Wildlife Coordination Act requires the
responsible FAA official to consult with the Fish and Wildlife Service
(FWS) and the applicable State agency to identify means to prevent loss
or damage to wildlife resources resulting from the proposal.
If there is the potential for contamination of an aquifer
designated by the Environmental Protection Agency (EPA) as a sole or
principal drinking water resource for the area, the responsible FAA
official needs to consult with the EPA regional office as required by
section 1424(e) of the Safe Drinking Water Act, as amended.
Permits/Certificates: a. To comply with 49 USC 47106(c)(1)(b),
formerly section 509(b)(7)(A) of the 1982 Airport Improvement Act, an
airport sponsor proposing construction of a new airport, a new runway,
or a major runway extension must obtain a water quality certificate
from the State in which such airport projects would be located. The FAA
can not approve these projects, unless the sponsor has obtained that
certificate. Environmental documents prepared for these projects must
contain evidence from the governor or the agency responsible for
protecting water quality that the project would be located, designed,
constructed, and operated in compliance with applicable water quality
standards.
Also, regardless of the type of airport project proposed, project
proponents applying for a NPDES permit or a section 404 permit must
obtain a water quality certificate (WQC) to comply with section 401 of
the Clean Water Act. Section 401 requires issuance of a WQC as part of
the permit issuance process.
b. A National Pollutant Discharge Elimination System (NPDES) permit
under section 402 of the Clean Water Act is required for point-source
discharges into navigable waters. A section 404 permit is required to
place dredged or fill material in navigable waters including
jurisdictional wetlands (see 33 CFR 330.4 for information on water
quality certificates requirements for Nationwide permits). A section 10
permit under the Rivers and Harbors Act of 1899 is required for
obstruction or alteration of navigable waters.
c. Other State and local permits pertaining to water quality also
may be required.
17.2 FAA Responsibilities
The EA includes sufficient description of a proposed action's
design, mitigation measures, including best management practices
developed for non-point sources under section 319 of the CWA, and
construction controls to demonstrate that State or Tribal water quality
standards and any Federal, Tribal, State, and local permit requirements
will be met. Consultation with the Federal, Tribal, State, or local
officials will be undertaken if there is the potential for
contamination of an aquifer designated by the EPA as a sole or
principal drinking water resource for the area pursuant to section
1424(e) of the Safe Drinking Water Act, as amended. Consultation with
appropriate officials is necessary to determine which permits apply.
The EA reflects the results of consultation with regulating and
permitting agencies and with agencies that must review permit
applications, such as the FWS, the Army Corps of Engineers, and Tribal,
State and local officials, which may have specific concerns. Such
consultation should be started at an early stage of the EA. The
responsible FAA Official must ensure that the applicable water quality
certificate is issued before FAA approves the proposed action. For
projects involving a new airport, a new runway, or a major runway
extension, the responsible FAA Official must ensure the environmental
document contains the reasonable assurance letter mentioned in
paragraph 7.1 of this section.
17.3 Significant Impact Thresholds
Water quality regulations and issuance of permits will normally
identify any deficiencies in the proposal with regard to water quality
or any additional information necessary to make judgments on the
significance of impacts. If the EA and early consultation show that
there is a potential for exceeding water quality standards, identify
water quality problems that cannot be avoided or satisfactorily
mitigated, or indicate difficulties in obtaining required permits, an
EIS may be required.
[[Page 55591]]
17.4 Analysis of Significant Impacts
When the thresholds indicate that the potential exists for
significant water quality impacts, additional analysis in consultation
with State or Federal agencies responsible for protecting water quality
will be necessary. These agencies may require specific information or
studies.
In the MOA between the DOT and the Department of the Army on
section 404 Permit Processing, there is a provision for elevating
permit applications with the Department of the Army. When an Army
District Engineer proposes to deny permit or condition one that would
cause substantial, unacceptable conditions to the DOT agency, the
responsible FAA official shall advise the appropriate FAA program
office in Washington, D.C. That office will provide whatever follow-up
action may be necessary at the Washington, D.C., level to resolve the
differences.
Section 18.--Wetlands
----------------------------------------------------------------------------------------------------------------
Statute Regulation Oversight agency
----------------------------------------------------------------------------------------------------------------
Clean Water Act, section 404 33 CFR parts 320-330 Army Corps of Engineers.
[33 U.S.C. 1344] Order DOT 5660.1A, Preservation of Coast Guard.
[PL 92-500, as amended by PL 95-217 the Nation's Wetlands Environmental Protection Agency.
and PL 100-4]
Rivers and Harbors Act of 1899,
section 10
Executive Order 11990, Protection of
Wetlands (May 24, 1977) (42 FR
26961)
----------------------------------------------------------------------------------------------------------------
18.1 Requirements
Executive Order (E.O.) 11990, Order DOT 5660.1A, the Rivers and
Harbors Act of 1899, and the Clean Water Act address activities in
wetlands. E.O. 11990 requires Federal agencies to ensure their actions
minimize the destruction, loss, or degradation of wetlands. It also
assure the protection, preservation, and enhancement of the Nation's
wetlands to the fullest extent practicable during the planning,
construction, funding, and operation of transportation facilities and
projects (7 CFR part 650.26, August 6, 1982). Order DOT 5660.1A sets
forth DOT policy that transportation facilities should be planned,
constructed, and operated to assure protection and enhancement of
wetlands.
Typically, the FAA or an airport sponsor applies for a section 404
permit for projects requiring dredge or fill activities in
jurisdictional waters after the NEPA document has been approved. There
are benefits, however, to developing the permit application earlier in
the process. Time savings and reduced controversy may outweigh the
extra effort required to address section 404 considerations as an
integral part of the NEPA process. When the two processes are
integrated effectively, the Corps' approval of the permit can be
concurrent with or closely follow FAA's approval. The Army Corps of
Engineers may adopt the FAA's final NEPA document when making a 404
permit decision, thereby avoiding the need to prepare additional NEPA
documents. For further information see 33 CFR part 320, General
Regulatory Policies (COE), 33 CFR part 325, Appendix B, NEPA
Implementation Procedures for the Regulatory Program, chapter 11 of the
Federal Highway Administration guidance cites 40 CFR 80 and 230,
Regulatory Program: Applicant Information, pamphlet EP 1145-2-1, May
1985, U.S. Army Corps of Engineers; 40 CFR 1500.2, and E.O. 12291.
On December 13, 1996, the Army Corps of Engineers published a final
rule reissuing and substantially revising, the nationwide permit
program (NWP) under the Clean Water Act.
The FAA promotes wetland banking as a mitigation tool for aviation-
related projects that must occur in wetlands due to aeronautical
requirements (e.g., unavoidable construction of a runway in a wetland
due to prevailing wind). The FAA has developed a policy supporting the
use of a wetland banking mitigation strategy (internal Letter of
Agreement, dated July 1996). Wetland mitigation banking provides a way
to mitigate wetland impacts before those impacts occur. Purchasing
credits from a bank does not give the purchaser title to wetlands
tracts that comprise a bank, however, it does fulfill the requirements
of law and is cost effective. Rather, the purchase is simply a payment
to the wetland banker for wetland mitigation services that the bank
provides. The purchase of credits from an approved bank signifies that
the section 404 permittee has satisfied its permit-required mitigation
obligations. Copies of this policy are available from FAA's Office of
Airport Planning and Programming, Community and Environmental Needs
Division, APP-600, or the Office of Environment and Energy,
Environment, Energy, and Employee Safety Division, AEE-200, 800
Independence Ave., S.W., Washington, D.C. 20591.
Permits/Certificates: a. A section 404 permit is required to place
dredged or fill material in navigable waters, including wetlands, and a
section 10 permit under the Rivers and Harbors Act of 1899 is required
for obstruction or alteration of navigable waters. If a section 404
permit and a section 10 permit are required, then the section 10
permitting process is typically combined with the section 404
permitting process of the Corps of Engineers. However, if only a
section 10 permit is needed, then the FAA should follow the Coast
Guard's section 10 procedures.
b. Other State and local permits pertaining to wetlands may also be
required.
18.2 FAA Responsibilities
Early review of proposed actions will be conducted with agencies
with special interest in wetlands. Such agencies include State and
local natural resource and wildlife agencies, the FWS, the NMFS, the
Coast Guard, the Corps of Engineers, and EPA. This review may be
combined as much as possible with the State and local officials.
Specific consultation is required under the Fish and Wildlife
Coordination Act with the FWS and the State agency having
administration over the wildlife resources.
If the action requires an EA, but it would not affect wetlands, the
EA should contain a statement to that effect. In that case, no wetland
impact analysis is needed.
If there is uncertainty about whether an area is a wetland, the
local district office of the Army Corps of Engineers or a certified
wetland delineation specialist must be contacted for a delineation
determination (or the U.S. Department of Agriculture (USDA) Natural
Resources Conservation Service
[[Page 55592]]
(NRCS), formerly the Soil Conservation Service (SCS) to delineate
wetlands on agricultural lands). The EA includes information on the
location, types, and extent of wetland areas that might be affected by
the proposed action. This information can be obtained from the FWS or
State or local natural resource agencies.
If the action would affect wetlands and there is a practicable
alternative that avoids the wetland, this alternative becomes the
environmentally preferred alternative. The EA should state that the
original project would have affected wetlands, but selection of the
practicable alternative enabled the project proponent to avoid the
wetlands.
If the action would affect wetlands and there is no practicable
alternative, all practical means should be employed to minimize the
wetland impacts due to runoff, construction, sedimentation, land use,
or other reason. The EA or EIS must contain a description of proposed
mitigations, with the understanding that a detailed mitigation plan
must be developed to the satisfaction of the 404 permitting agency and
those agencies having an interest in the affected wetland.
Impacts of wetlands can be assessed by using the function and
values of the wetlands area as a basis to determine significance. If
wetlands functions are large in number and the value of these functions
is high, it would be appropriate to conduct further study as part of an
EIS. For example, the action would substantially alter the hydrology,
vegetation, or soils needed to sustain the functions and values of the
affected wetlands or the wetlands it supports. Conversely, if wetlands
functions are few in number and the value of these functions is low, an
EA concluding in a FONSI would be appropriate. For example, the action
would not cause substantial increases in sedimentation or siltation in
wetlands or waters connected to the affected wetland.
18.3 Significant Impact Thresholds
A significant impact would occur when the proposed action causes
any of the following:
a. The action would adversely affect the function of a wetland to
protect the quality or quantity of municipal water supplies, including
sole source, potable water aquifers.
b. The action would substantially alter the hydrology needed to
sustain the functions and values of the affected wetlands.
c. The action would substantially reduce the affected wetland's
ability to retain flood waters or storm-associated runoff, thereby
threatening public health, safety or welfare (this includes cultural,
recreational, and scientific resources important to the public, or
property).
d. The action would adversely affect the maintenance of natural
systems that support wildlife and fish habitat or economically-
important timber, food, or fiber resources in the affected or
surrounding wetlands.
e. The action would promote development of secondary activities or
services that would affect the resources mentioned in items (1) through
(4) in this section.
f. The action would be inconsistent with applicable State wetland
strategies.
18.4 Analysis of Significant Impacts
An agency having expertise in wetland impacts or resources may
indicate that the action has potential significant wetland impacts. The
responsible FAA official shall consult with that agency and, as
necessary, the FWS, the Corps of Engineers, EPA, or NRCS (if wetlands
are on agricultural lands), and State and local natural resource or
wildlife agencies to make a determination on severity of wetland
impacts. If the action is on tribal lands, then the responsible FAA
official must consult with tribal natural resource and wildlife
representatives. Any of these agencies may become a cooperating agency
due to their expertise or jurisdiction. Permitting agencies may also
become cooperating agencies. To the extent practical, the responsible
FAA official will ensure that the environmental document meets the
needs of the consulted agencies as well as those of the FAA. Scoping is
encouraged to meet the needs of the permitting and cooperating
agencies. Detailed analysis should include the following, as
applicable:
a. Considerations specified in E.O. 11990, Protection of Wetlands.
b. An opinion should be issued, based on the above considerations,
on the action's overall effect on the survival and quality of the
wetlands.
c. Aeronautical safety, transportation objectives, economics, and
other factors bearing on the problem.
d. Further consideration of the practicability of any alternatives.
e. Inclusion of all practicable measures to minimize harm.
f. Pursuant to the Fish and Wildlife Coordination Act, the FAA
applies the instructions contained above.
For any action which entails new construction located in wetlands,
a specific finding should be made including: (1) there is no
practicable alternative to construction in the wetland, and that (2)
all practicable measures to minimize harm have been included. The
proposed finding should be included in the final EIS or FONSI.
When Federally-owned wetlands or portions of wetlands are proposed
for lease, easement, right-of-way or disposal to non-Federal public or
private parties, the FAA shall (a) reference in the conveyance those
uses that are restricted under identified Federal, State or local
wetlands regulations; and (b) attach other appropriate restrictions to
the uses of properties by the grantee or purchaser and any successor,
except where prohibited by law; or (c) withhold such properties from
disposal.
Section 19.--Wild and Scenic Rivers
----------------------------------------------------------------------------------------------------------------
Statute Regulation Oversight agency
----------------------------------------------------------------------------------------------------------------
Wild and Scenic Rivers Act of 1968 36 CFR part 297, subpart A (USDA Department of the Interior, National
[16 U.S.C. 1271-1287] Forest Service) Park Service, Fish and Wildlife
[PL 90-542 as amended by PL 96-487] [DOI NPS, BLM, and FWS regulations Service, and Bureau of Land
to be inserted] Management.
Department of the Interior and Department of Agriculture, Forest
Department of Agriculture, Wild and Service.
Scenic River Guidelines for Council on Environmental Quality.
Eligibility, Classification and
Management of River Areas (47 FR
39454, September 7, 1982)
[[Page 55593]]
CEQ Memorandum on Interagency
Consultation to Avoid or Mitigate
Adverse Effects on Rivers in the
Nationwide Inventory, August 11,
1980 (45 FR 59190, September 8,
1980)
CEQ Memorandum on Procedures for
Interagency Consultation to Avoid
or Mitigate Adverse Effects on
Rivers in the Nationwide Inventory,
August, 11, 1980 (45 FR 59191,
September 8, 1980)
----------------------------------------------------------------------------------------------------------------
19.1 Requirements
The Wild and Scenic Rivers Act, as amended, describes those river
segments designated or eligible to be included in the Wild and Scenic
Rivers System. Under section 5(d)(1), the Department of the Interior
(DOI) National Park Service (NPS) River and Trail Conservation
Assistance Program (RTCA) within NPS's National Center for Recreation
and Conservation (NCRC) maintains a Nationwide Rivers Inventory (NRI)
of river segments that appear to qualify for inclusion in the National
Wild and Scenic River System but which have not been designated as a
Wild and Scenic River or studied under a Congressional authorized
study. Some section 5(d) rivers (i.e., those eligible for designation
as Wild and Scenic Rivers) may not be included in the NRI maintained by
the NPS.
The President's 1979 Environmental Message Directive on Wild and
Scenic Rivers (August 2, 1979) directs Federal agencies to avoid or
mitigate adverse effects on rivers identified in the Nationwide Rivers
Inventory as having potential for designation under the Wild and Scenic
Rivers Act. The August 11, 1980 CEQ Memorandum on Procedures for
Interagency Consultation requires Federal agencies to consult with the
NPS when proposals may affect a river segment included in the
Nationwide Rivers Inventory. The Nationwide Rivers Inventory is
included on the Rivers and Trails Conservation Assistance Program's
webpage at www.ncrc.nps.gov/rtca/nri. For those rivers or river
segments which are not study rivers or designated rivers, and are not
included in the NRI, the responsible FAA official should contact the
Federal agencies and State or States having jurisdiction over the river
to determine what the status of the river or river segment is.
Under section 7, the responsible FAA official must obtain a section
7 determination from the Federal agencies that administer designated or
study rivers. The Federal agencies include the USDA Forest Service
(USFS), DOI Bureau of Land Management (BLM), DOI NPS, and DOI Fish and
Wildlife Service (FWS). States also administer Wild and Scenic Rivers
or segments of such rivers and should also be consulted. Note that for
study rivers, Congress will, in the act authorizing the study, have
designated a specific agency as the lead and the responsible FAA
official should initiate consultation with that agency. Designated Wild
and Scenic Rivers and study rivers are listed in the NPS's Wild and
Scenic Rivers Program website at www.nps.gov/rivers along the specific
Federal and State agencies that have jurisdiction over each.
Section 12 of the Act requires a Federal agency with jurisdiction
over any lands which include, border upon, or are adjacent to any river
included, or under study for inclusion in the Wild and Scenic Rivers
System to take action necessary to protect such river in accordance
with the purposes of the Act. In addition, Federal agencies are
required to cooperate with the Secretary of the Interior and
appropriate State agencies for the purpose of eliminating or minimizing
pollution in protected Inventory rivers. All agencies shall, as part of
their normal environmental review processes, consult with the DOI
(National Park Service (NPS)) and other Federal and State agencies
having jurisdiction prior to taking any actions which could effectively
foreclose or downgrade wild, scenic, or recreational river status of
rivers in the Wild and Scenic Rivers System, study rivers, river
segments in the Nationwide Rivers Inventory, or rivers or river
segments otherwise eligible under section 5(d) for inclusion in the
Wild and Scenic Rivers System but not on the NRI or under study.
Permits/Certificates: Not Applicable.
19.2 FAA Responsibilities
As soon as it appears that the proposed action could affect: (1) a
Wild and Scenic River, (2) a river or river segment under study for
inclusion in the Wild and Scenic River System, (3) a Nationwide Rivers
Inventory river segment, or (4) an otherwise eligible river, the
responsible FAA official should identify the Federal agency having
jurisdiction over the river if on Federal land or the State and contact
them for verification of the status of the river or river segment and
jurisdiction for further consultation. If the NPS or other Federal and
State agency having jurisdiction indicates that the proposed action
could affect a Wild and Scenic River, a study river, a river segment in
the Nationwide Rivers Inventory , or an otherwise eligible river or
river segment, the responsible FAA official should consult with the
appropriate agency for guidance as to avoiding or minimizing impacts.
For designated Wild and Scenic Rivers, rivers on the NRI, and
otherwise eligible rivers, the responsible FAA official must consult
with the specific Federal agency having jurisdiction over Wild and
Scenic Rivers (e.g., the state district office of the BLM and the
regional offices of the USFS, NPS, and FWS).
For study rivers, the responsible FAA official should initiate
consultation with the agency designated by Congress as the lead for the
study.
For rivers on the NRI, see the CEQ Memorandum on Interagency
Consultation to Avoid or Mitigate Adverse Effects on Rivers in the
Nationwide Inventory and the CEQ Memorandum on Procedures for
Interagency Consultation to Avoid or Mitigate Adverse Effects on Rivers
in the Nationwide Inventory. If no river in the NRI is adversely
affected or the impact is not considered severe enough to preclude
inclusion of the affected river segment in the Wild and Scenic River
System or downgrade its classification (e.g., from wild to
recreational), no further analysis is necessary. Consultation with NPS
will determine whether or not the impact on any NRI river is
significant.
For rivers or river segments that are eligible under section 5(d)
but not on the NRI, the responsible FAA official should consult with
the agency or agencies having jurisdiction over the river or river
segment.
[[Page 55594]]
19.3 Significant Impact Threshold
(No specific thresholds have been developed.)
19.4 Analysis of Significant Impacts
Under the CEQ Memorandum on Procedures for Interagency Consultation
to Avoid or Mitigate Adverse Effects on Rivers in the Nationwide
Inventory, when consultation with DOI leads to a determination that the
effects on a NRI river segment are significant, or would preclude
inclusion in the Wild and Scenic River System or downgrade its
classification, the FAA should invite the NPS and any affected land
management agencies to be cooperating agencies. If the NPS does not
respond to such request for assistance within 30 days, then the FAA may
proceed as otherwise planned, taking care to avoid or minimize adverse
effects on the National Inventory river. For projects requiring EISs,
the record of decision must adopt appropriate avoidance and mitigation
measures and a monitoring and enforcement program.
The process is significantly impacted when an agency with the
jurisdiction over a designated or eligible river segment does not issue
a consent determination for the proposed action as required by section
7 of the Wild and Scenic Rivers Act and the impact cannot be mitigated
to acceptable levels. If the circumstances exist, the FAA cannot
proceed with the proposed action.
For eligible wild, scenic, and recreational river areas not
included in the NRI, the responsible FAA official should consider the
potential effects on the river area.
For Wild and Scenic Rivers, study rivers, NRI rivers under section
5(d)(1), and otherwise eligible rivers or river segments under section
5(d), the responsible FAA official must obtain a section 7
determination that the proposed action will not have a direct and
adverse effect on the values for which the river was or might be
established or otherwise invade the river area, or for designated
rivers, unreasonably diminish the scenic, recreational, and fish and
wildlife values present in the area on October 2, 1968.
Appendix 2--[Reserved]
Appendix 3. Airports Environmental Handbook 5050.4A
1. Explanation
FAA Airports Program personnel, airport sponsors, and others
involved in airport actions are directed to FAA Order 5050.4A (or
subsequent revisions to it), Airport Environmental Handbook. FAA Order
5050.4A is a self-contained document that includes the policies and
procedures of FAA Order 1050.1E as they relate to airport actions.
Order 5050.4A contains descriptions of the types of airport actions
which require an EA, or an EIS and those which are categorically
excluded, and detailed information on the form and content of
environmental documents prepared for airport actions. Compliance with
FAA Order 5050.4A, or subsequent revisions to it, constitutes
compliance with FAA Order 1050.1E for airport actions.
2. Reserved
Appendix 4. FAA Guidance on Third Party Contracting for EIS
Preparation
1. Introduction
a. The Council on Environmental Quality (CEQ) regulation 40 CFR
section 1506.5(c) states that any environmental impact statement (EIS)
prepared pursuant to the requirements of the National Environmental
Policy Act (NEPA) shall be prepared directly by a lead agency, upon
request of the lead agency a cooperating agency, or a contractor
selected by the lead agency.
b. The intent of CEQ section 1506.5(c) is to avoid conflicts of
interest by those preparing impact statements. Contractors must be able
to sign a disclosure statement (see 1506.5(c); appendix 8 to this
order)
c. The following guidance is provided to ensure FAA's continued
compliance with the CEQ regulations and NEPA.
2. General Guidance
a. The FAA must either prepare an EIS in-house (utilizing agency
personnel and resources) or select a contractor to prepare the EIS. One
method of selecting a contractor that may be used is known as ``third
party contracting.''
b. ``Third party contracting'' refers to the preparation of an EIS
by a contractor selected by the FAA and under contract to and paid by
an applicant (e.g., airport sponsor, applicant, air carrier). Through
the statement of work, the contractor is made responsible to the FAA
for preparing an EIS that meets the requirements of the NEPA
regulations, the FAA's NEPA procedures, and all other appropriate
Federal, State, and local laws. Since this process is purely voluntary,
it is recommended that an agreement to use this process, establish a
scope of work, and delineate the FAA and applicant responsibilities be
formalized by a Memorandum of Understanding (MOU) between the FAA and
the airport sponsor. The CEQ recognizes the third party contracting
arrangement as a legitimate method of EIS preparation in which the non-
Federal applicant actually executes the contract and pays for the cost
of preparing the EIS (see CEQ ``Forty Most Asked Questions Concerning
CEQ's National Environmental Policy Act Regulations'' (46 FR 18026);
appendix 9 to this order).
c. The FAA's selection of a contractor under this process may be
pursued by the FAA's evaluation of a preselection list (``short list'')
of contractors submitted to the FAA by an airport applicant based on
the sponsor's request for proposal (RFP) and evaluation. The applicant
may submit the list of candidates to the FAA ranked according to the
sponsor's evaluation of the contractors qualifications. The FAA,
however, is under no obligation to make a selection based on this
ranking. The applicant also may submit the list of candidates to the
FAA in an unranked form.
d. Costs for preparing the EIS are paid by the applicant. For
airport development projects and related activities, EIS may be funded
by either Airport Improvement Plan (AIP) funds or local funds including
Passenger Facility Charge (PFC) revenues. While AIP funds may be used
to pay for costs associated with EIS preparation by a contractor
selected by the FAA, Federal procurement requirements do not apply.
Federal agencies are permitted under 40 CFR Part 18 to substitute their
judgment for that of the grantee (i.e., airport) if the matter is
primarily a ``Federal concern'' (i.e., consultant selection by FAA to
comply the requirement of CEQ section 1506.5(c) is a ``Federal
concern''). Furthermore, a CEQ memorandum on this subject specifically
states that Federal procurement requirements do not apply[[we need a
citation here]].
e. Guidance provided in the most current version of FAA Advisory
Circular 150/5100-14, Architectural, Engineering and Planning
Consultant Services for Airport Grants Projects, shall be followed in
selecting a contractor for EIS preparation.
f. When an EIS is prepared by a contractor, the FAA is still
responsible for:
(1) Obtaining a ``disclosure statement'' from the contractor,
(2) Exercising oversight of the contractor to ensure that a
conflict of interest does not exist,
(3) Taking the lead in the scoping process,
(4) Furnishing guidance and participating in the preparation of the
EIS,
(5) Independently evaluating the EIS and verifying environmental
information provided by the applicant, or others, adding its expertise
through review and revision, as necessary,
[[Page 55595]]
(6) Approving the EIS, and
(7) Taking responsibility for the scope and content of the EIS.
[FR Doc. 99-26046 Filed 10-12-99; 8:45 am]
BILLING CODE 4910-13-P