[Federal Register Volume 71, Number 82 (Friday, April 28, 2006)]
[Notices]
[Pages 25279-25281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4036]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2004-19058; FAA Order 5050.4B]


National Environmental Policy Act (NEPA) Implementing 
Instructions for Airport Actions

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of availability of Order 5050.4B and its preamble.

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SUMMARY: The Federal Aviation Administration's Office of Airports (ARP) 
has updated and revised its instructions for implementing the National 
Environmental Policy Act (NEPA) for airport actions. ARP is replacing 
Order 5050.4A, Airport Environmental Handbook with the updated and 
revised instructions in Order 5050.4B, National Environmental Policy 
Act (NEPA) Implementing Instructions for Airport Actions. This Notice 
announces the availability of Order 5050.4B and its Preamble. The 
documents are available at ARP's Web site http://www.faa.gov/airports_airtraffic/airports airports.
    Although APR is presenting the Preamble on its Web site, it is not 
including the text of that document in this Notice. ARP expects to 
publish the text in the Federal Register within the next 10 days. This 
delay is due to publication procedures associated with the extensively 
detailed Preamble.

DATES: Effective Date: Order 5050.4B is effective on April 28, 2006.

FOR FURTHER INFORMATION CONTACT: Mr. Ed Melisky, FAA Office of 
Airports, Environmental and Planning Division, FAA, 800 Independence 
Avenue, SW., Washington, DC 20591; telephone (202) 267-5869. His e-mail 
address is: [email protected].
    Distribution: ARP is distributing this Order to ARP personnel and 
other interested parties by electronic means only. As noted earlier, 
ARP is also distributing the Preamble electronically, but it will 
publish the text of that document in the Federal Register.
    Anyone without access to the internet may obtain a compact disk 
(CD) containing the Order and Preamble. Please make that request to the 
Federal Aviation Administration, Office of Airport Planning and 
Programming (APP-1), 800 Independence Avenue, SW., Washington, DC, 
20591. Those unable to use an electronic version of the Order, may 
obtain a photocopy of the Order by contacting FAA's rulemaking docket 
at: Federal Aviation Administration, Office of Chief Council,

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Attn: Rules Docket (AGC-200)--Docket No. FAA-2004-19058, 800 
Independence Avenue, SW., Washington, DC, 20591. Those wanting hard 
copy versions of the Preamble may obtain them by visiting local 
libraries or other locations where the Federal Register is available.

SUPPLEMENTARY INFORMATION: ARP published draft Order 5050.4B for public 
review and comment in the December 16, 2004, Federal Register (Vol. 69, 
No. 241, p. 75374). The final Order issued today includes changes that 
respond to many of the comments on the draft Order and other changes 
ARP deemed necessary since publishing the draft Order. Order 5050.4B 
supplements and is consistent with the agency-wide protocol that FAA 
issued in Order 1050.1E, Environmental Impacts, Policies and Procedures 
on June 8, 2004, (69 FR 33777) and FAA's recent update to that Order 
(Change 1 to Order 1050.1E, 71 FR 15249, March 27, 2006.).
    The following paragraphs summarize the most major changes presented 
in final order 5050.4B. The Preamble provides much more information on 
these and other changes.
    a. ARP has deleted the summary of requirements and procedures under 
special purpose environmental laws, regulations, and executive orders 
outside NEPA (``special purpose laws''). To provide this information 
and how it relates to airport actions, ARP is preparing and will 
publish An Environmental Desk Reference for Airport Actions (Desk 
Reference). The Desk Reference will provide ARP staff and interested 
parties with information on those special purpose laws and further 
information on integrating those requirements with NEPA. Until ARP 
issues the Desk Reference, its personnel and other interested parties 
should use Appendix A of Order 1050.1E for guidance. Readers should 
note that Order 5050.4B, Table 7-1, retains information from paragraphs 
47.e and 85.a-t of Order 5050.4A that ARP personnel and other 
practitioners have found helpful in determining impact intensity and 
the appropriate level of NEPA review.
    b. Paragraph 202.c of the final Order discusses various ALP 
approval options. Particularly, paragraph 202.c(4) notes the approving 
FAA official may not conditionally approve an ALP depicting a new 
airport, a new runway, or a major runway extension, when an EA or EIS 
is being prepared for any of these facilities and actions connected to 
them. Instead, the approving FAA official may unconditionally approve 
an ALP depicting those facilities and their connected actions only if 
FAA has issued a FONSI or ROD that is based on an EA or EIS, 
respectively, that addresses those airport actions.
    c. ARP has revised paragraph 513 in the draft Order (now paragraph 
209 of the final Order). Paragraph 209 distinguishes between: (1) FAA 
grant funding for development of wildlife hazard management plans 
(WHMPs) and FAA approvals of those plans based on safety factors; and 
(2) subsequent FAA actions to support implementation of measures in 
FAA-approved WHMPs. Now, the instructions for FAA NEPA reviews 
associated with wildlife WHMPs are similar to the instructions for FAA 
NEPA reviews of airport noise compatibility plans (NCPs). Paragraph 
303.b of draft Order 5050.4B noted that the issuance of an AIP grant 
for an NCP is categorically excluded under paragraph 307n of Order 
1050.1E. Paragraph 209a of final Order 5050.4B clarifies that the grant 
to fund the development of a WHMP or the approval of that plan normally 
qualifies for categorical exclusion under Order 1050.1E paragraph 308e. 
Paragraph 209.b final Order 5050.4B states that airport layout plan 
approvals and/or approvals of grants for Federal funding to carry out 
measures in FAA-approved WHMPs: (1) May qualify for categorical 
exclusion; or (2) may require preparation of an environmental 
assessment or an environmental impact statement.
    d. Paragraphs 210 through 214 of final Order 5050.4B provide 
detailed policies and procedures for FAA's State Block Grant Program 
(SBGP). ARP presents this detailed guidance to fulfill a commitment FAA 
made in the Preamble to Order 1050.1E.
    e. Chapter 5 of final Order 5050.4B presents information to better 
integrate airport planning and the NEPA process. Overall, the chapter 
discusses key planning steps that help FAA and airport sponsors meet 
their responsibilities and that may help to streamline the planning and 
NEPA processes. This interdisciplinary coordination is not intended to 
be a substitute for the NEPA process. Instead, it will facilitate FAA's 
subsequent evaluation of an airport plan's environmental effects during 
the NEPA process.
    f. Chapter 7 of final Order 5050.4B includes information about 
environmental assessments (EAs) in one chapter. Paragraph 405 of the 
draft Order expanded the list of airport actions normally requiring 
EAs. ARP prepared that list to respond to a number of questions about a 
variety of actions that Order 5050.4A, paragraph 22 (Actions normally 
requiring an EA) did not address. Paragraphs 702.a-i of the final Order 
present the list of actions noted in paragraph 405 of draft Order 
5050.4B. However, readers should note that ARP has added paragraph 
702.j (``Other circumstances'') to the list in the final Order. That 
paragraph states the responsible FAA official should consider the need 
for an EA in circumstances not mentioned in paragraphs 702.a-i of final 
Order 5050.4B. This is particularly so when controversy exists because 
the proposed action involves a special purpose law.
    g. Chapter 9 of the final Order 5050.4B provides updated 
information on EISs. Paragraph 902.c encourages responsible FAA 
officials to consult with interested parties and involved FAA 
organizations to establish schedules for preparing EISs. The paragraph 
notes that FAA officials must establish EIS schedules when requested by 
the airport sponsor. However, practitioners should note even the most 
thoughtfully developed schedule is subject to events beyond FAA's 
control that may affect the projected schedule. Paragraph 904.b states 
that FAA will begin the EIS process as soon as possible after the 
airport sponsor presents FAA with a proposal. In determining if a 
proposal exists, FAA will consider whether sufficient airport planning 
data and information are available to meaningfully evaluate 
environmental effects of the proposal and its reasonable alternatives.
    h. Paragraph 1004 of final Order 5050.4B discusses limitations on 
FAA and airport sponsor activities during the EIS process. Paragraph 
1004.a discusses limits on airport sponsor or FAA activities that would 
cause adverse effects or limit alternatives during the NEPA process. 
Paragraph 1004.c discusses FAA concerns about exceeding ARP's 
recommended ``25% design limit.'' However, ARP recognizes that an 
airport sponsor may need to develop plans or designs beyond that limit. 
Here, an airport sponsor may need more complete design plans to support 
an application for Federal, State, or local permits or assistance (40 
CFR 1506.1(d)). In these cases, designs beyond the ``25% design limit'' 
may help to streamline the NEPA process by integrating other 
environmental review requirements and NEPA. They also may help to 
reduce paperwork (40 CFR 1500.4(k)) and eliminate duplicating State and 
local procedures (40 CFR 1500.4(n)).
    i. Paragraph 1007.e(4)(b) of final Order 5050.4B provides the 
criteria the responsible FAA official must consider

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when determining the ``prudence'' of an alternative per 49 USC 
47106.(c)(1)(B). This section requires the Secretary of Transportation 
to consider a ``possible and prudent alternative'' when considering a 
grant application for a project involving a new airport, a new runway, 
or a major runway extension having significant adverse effects. 
Although criteria in paragraph 1007.e(4)(b) apply to decisions for 
actions involving Section 4(f) resources, FAA is using the definition 
of ``prudent'' for major airport projects to aid its staff determine 
when an alternative is ``prudent.'' FAA worked with the Federal Highway 
Administration (FHWA) on the definition as presented in FHWA's March 
2005 Section 4(f) guidance \1\ believes it is appropriate for FAA 
actions.
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    \1\ http://environment.fhwa.gov/dot/projdev/4fpolicy.asp.
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    j. Paragraphs 708.g(4) and 1301.g recommend that responsible FAA 
officials use an Environmental Management System (EMS) to ensure the 
agency and the airport sponsor complete required mitigation. This 
effort promotes the instructions in Executive Order 13148, Greening the 
Government Through Leadership in Environmental Management.
    k. Chapter 15 provides information on streamlining the EIS process 
for certain airport projects to address requirements in Vision 100--The 
Century of Aviation Reauthorization Act (Vision 100). Among other 
things, Vision 100 requires streamlining the environmental process for 
airport capacity projects at congested airports. These are airports 
that account for at least 1% of all delayed aircraft operations in the 
Nation. Vision 100 also applies to airport safety and airport security 
projects throughout the Nation, regardless of their congestion levels.
    l. ARP has deleted paragraph 407 in the draft Order addressing 
cumulative impacts. More extensive information on cumulative impacts 
now appears in paragraph 1007.i of the final Order. ARP will provide 
more detail on this topic in the Desk Reference.
    m. ARP has also deleted an example of a ``third party'' Memorandum 
of Understanding and the ``short-form'' environmental assessment that 
were included as Appendices 2 and 3 of draft Order 5050.4B. ARP will 
place these examples and other information that ARP has found helpful 
in the Desk Reference.

    Dated: April 25, 2006.
Dennis E. Roberts,
Director, Office of Airport Planning and Programming, APP-1.
[FR Doc. 06-4036 Filed 4-25-06; 4:26 pm]
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