Environmental Impacts: Policies and Procedures; Notice

 

[[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 <bullet> 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: <bullet> Proposed participation in complex

<bullet> An EIS action or controversial actions.

<bullet> Mitigation <bullet> Alternatives

measures considered (including

the no action

alternative)

<bullet> Affected

environment (baseline

conditions)

<bullet> Environmental

consequences of the

proposed action and

alternatives

<bullet> Mitigation

<bullet> 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 <bullet> A conclusion that an action <bullet> 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. <bullet> Describes the proposed Questions,'' number 37).

action, its purpose and need, and <bullet> In certain cases (e.g.,

alternatives considered, including actions similar to those normally

the no action alternative. addressed in an EIS or the nature

<bullet> 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

<bullet> 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 <bullet> 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

<bullet> 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,

<bullet> 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.

<bullet> 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

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

<bullet> Notice of Intent (NOI) <bullet> Describes: The FAA publishes the NOI in Federal

announces to the public that the <bullet> Proposed action and Register and local press.

EIS process has begun for a possible alternatives. <bullet> An NOI or other notice of a

proposed FAA action. <bullet> Proposed scoping process scoping meeting must be published

<bullet> 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). <bullet> States an FAA point of

<bullet> 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.

<bullet> Notice of Availability <bullet> Announces the availability <bullet> EPA drafts and publishes

(NOA) announces the availability of of the DEIS and FEIS. the NOA in Federal Register.

a DEIS or an FEIS. <bullet> Provides information about <bullet> 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

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

<bullet> Provides Provides a Includes the <bullet> Provide

an in-depth comprehensive following: s for a 45-day

review of the review of all <bullet> Cover public comment

environmental impacts of the sheet period on the

impacts for all proposed action <bullet> Executi DEIS.

major FAA and ve Summary <bullet> If

actions before a alternatives, <bullet> Table necessary, a

decision is including the no of Contents public hearing

made. action <bullet> Purpose on the DEIS

<bullet> Examines alternative. of and need for should occur

alternatives and action within 30 days

the potential <bullet> Alterna of issuance.

for mitigating tives <bullet> Provide

impacts considered, s for a 30-day

associated with including waiting period

those proposed action on the FEIS

alternatives. <bullet> Affecte prior to

<bullet> Disclose d environment issuance of the

s to the public (baseline ROD.

and the conditions)

decisionmaker <bullet> Environ

the mental

alternatives, consequences of

impacts, and alternatives

mitigations. <bullet> Coordin

ation--includes

list of

agencies,

organizations

and persons to

whom copies of

the EIS are

sent

<bullet> List of

preparers

<bullet> Index

<bullet> Appendi

ces

<bullet> 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 <bullet> States <bullet> 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. <bullet> Identif

<bullet> Summariz ies all

es the FEIS alternatives

analyses and considered by

selected the FAA.

mitigation <bullet> 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.

<bullet> Explain

s, when

appropriate,

the mitigation

implementation

responsibilitie

s.

<bullet> 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 (NO<INF>2</INF>),

ozone (O<INF>3</INF>), particulate matter (PM-10 and PM-2.5), and

sulfur dioxide (SO<INF>2</INF>). 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 (L<INF>dn</INF>) 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

NO<INF>X</INF> 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. L<INF>max</INF> (maximum sound level)--A single event metric

that is the highest A-weighted sound level measured during an event.

c. L<INF>eq</INF> (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