[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.

-----------------------------------------------------------------------

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

[[Page 55549]]

[GRAPHIC] [TIFF OMITTED] TN13OC99.000



BILLING CODE 4910-13-C

[[Page 55550]]

    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