Emergency Procedures for the CESSNA 310F

310. Categorical Exclusions for Facility Siting, Construction and 3-10 Maintenance ............................................................................................. 311. Categorical Exclusions for Procedural Actions 3-13 ........................................ 312. Categorical Exclusions for Regulatory Actions ....................................... 3-14 313.-399. Reserved. CHAPTER 4. ENVIRONMENTAL ASSESSMENTS AND FINDINGS OF NO SIGNIFICANT IMPACT 400. Introduction .............................................................................................. 4-1 401. Actions Normally Requiring an Environmental Assessment ................... 4-1 402. Time Limits for Environmental Assessments .......................................... 4-4 403. Impact Categories ..................................................................................... 4-4 404. Environmental Assessment Process ......................................................... 4-5 405. Sample Environmental Assessment Format ............................................. 4-8 406. Findings of No Significant Impact (FONSI) ............................................ 4-13 407. Monitoring Mitigation .............................................................................. 4-17 408. Decision Documents for Findings of No Significant Impact ................... 4-17 409. Tiering and Programmatic Environmental Assessments 4-18 .......................... 410. Written Re-Evaluation .............................................................................. 4-18 411. Revised or Supplemental Environmental Assessments or FONSI's ........ 4-19 412.-499. Reserved. ii 1050.1E 06/08/04 CHAPTER 5. ENVIRONMENTAL IMPACT STATEMENTS AND RECORDS OF DECISION 500. Introduction .............................................................................................. 5-1 501. Actions Requiring Environmental Impact Statements ............................. 5-3 502. Impact Categories ..................................................................................... 5-6 503. Environmental Impact Statement Process ................................................ 5-6 504. Notice of Intent ......................................................................................... 5-7 505. Scoping ..................................................................................................... 5-9 506. EIS Format ............................................................................................... 5-10 507. Timing of Actions .................................................................................... 5-14 508. Draft EIS 5-15 ................................................................................................... 509. Review and Approval of FEIS ................................................................. 5-18 510. Notice of Availability of FEIS ................................................................. 5-19 511. Distribution of Approved FEIS ................................................................ 5-19 512. Record of Decision (ROD) ....................................................................... 5-20 513. Tiering and Programmatic EIS's .............................................................. 5-22 514. Time Limits for EIS's ............................................................................... 5-22 515. Written Re-Evaluation .............................................................................. 5-23 516. Revised or Supplemental EIS's ................................................................ 5-23 517. Referrals to Council on Environmental Quality ....................................... 5-24 518. Review and Adoption of EIS's Prepared by Other Agencies ................... 5-24 519. Legislative Proposals ................................................................................ 5-25 520. Regulations ............................................................................................... 5-26 521. Environmental Effects of Major FAA Actions Abroad ........................... 5-26 522. Limitations on Actions Subject to NEPA ................................................ 5-28 523.-599. Reserved. iii 1050.1E 06/08/04 Appendix A ANALYSIS OF ENVIRONMENTAL IMPACT CATEGORIES 1. Background and How-to-Use This Appendix ....................................... A-1 2. Air Quality ............................................................................................. A-3 3. Coastal Resources A-10 .................................................................................. 4. Compatible Land Use ............................................................................ A-13 5. Construction Impacts ............................................................................. A-18 6. Department of Transportation Act: Section 4(f) ................................... A-19 7. Farmlands .............................................................................................. A-23 8. Fish, Wildlife, and Plants ...................................................................... A-25 9. Floodplains ............................................................................................ A-32 10. Hazardous Materials, Pollution Prevention, and Solid Waste .............. A-35 11. Historical, Architectural, Archeological, and Cultural Resources ........ A-41 12. Light Emissions and Visual Impacts ..................................................... A-56 13. Natural Resources, Energy Supply, and Sustainable Design ................ A-58 14. Noise ...................................................................................................... A-60 15. Secondary (Induced) Impacts ................................................................ A-68 16. Socioeconomic Impacts, Environmental Justice, and Children's Environmental Health and Safety Risks ............................................... A-69 17. Water Quality ........................................................................................ A-74 18. Wetlands ................................................................................................ A-77 19. Wild and Scenic Rivers ......................................................................... A-81 APPENDIX B FAA GUIDANCE ON THIRD-PARTY CONTRACTING APPENDIX C EXECUTIVE ORDERS, DOT & FAA ORDERS AND MEMORANDA/GUIDANCE APPENDIX D ENVIRONMENTAL STEWARDSHIP AND STREAMLINING -- CENTURY OF AVIATION REAUTHORIZATION ACT APPENDIX E LIST OF ACRONYMS iv 1050.1E 06/08/04 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 Order DOT 5610.1C, Procedures for Considering Environmental Impacts; and other related statutes and directives. 2. DISTRIBUTION. Notice of promulgation and availability of this order is distributed to the assistant/associate administrators and their office and service directors, the Chief Operating Officer and vice-presidents of the Air Traffic Organization, and the Chairs of the Environmental Network. The order should be forwarded to all division managers, facility managers, and NEPA practitioners. The order is available in electronic form only. The order will be initially located for viewing and downloading at http://www.aee.faa.gov. If the public does not have access to the internet, they may obtain a computer disk containing the order by contacting the Office of Environment & Energy, 800 Independence Avenue S.W., Washington D.C. 20591. If the public is not able to use an electronic version, they may obtain a photocopy of the order, for a fee, by contacting the FAA's rulemaking docket at Federal Aviation Administration, Office of the Chief Council, Attn: Rules Docket (AGC-200) - Docket No. 29797, 800 Independence Avenue SW, Washington DC 20591. 3. CANCELLATION. Order 1050.1D, Policies and Procedures for Considering Environmental Impacts, dated December 5, 1986, 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 and enhance the quality of the human environment, and develop programs and measures to meet national environmental goals. 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). 5. SYNOPSIS OF MAJOR CHANGES. This revision: 5a. Reorganizes to consolidate all categorical exclusions, including new and modified categorical exclusions for all FAA programs, into chapter 3 while eliminating the separate appendices and their respective categorical exclusions for each program. 1-1 1050.1E 06/08/04 5b. Reorganizes to place the types of actions that normally require preparation of EA's and EIS's 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 now incorporated under paragraph 214 of this order. Except for the procedures for internal FAA coordination and review of environmental documents in FAA Order 5050.4A (paragraphs 63, 64, and 95), if there is a conflict between Order 1050.1E and supplemental program guidance, Order 1050.1E takes precedence. 5c. Adds Tribes to the list of government agencies consulted in extraordinary circumstances determinations when actions are likely to be highly controversial on environmental grounds based on concerns raised by a Federal, State, or local government agency, Tribe, 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 or Federal responsibilities toward Tribal trust resources. Includes new guidance on government-to-government consultation with Tribes, in accordance with Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, dated November 6, 2000 (65 FR 67249, November 9, 2000), 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 213). Incorporates references to tribal consultation into Appendix A, 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). 5d. Provides guidance on intergovernmental review of agency actions that may affect State and local governments, in accordance with E.O. 12372, Intergovernmental Review of Federal programs (July 14, 1982), and 49 CFR part 17, Intergovernmental Review of DOT Programs and Activities (see paragraph 213). 5e. Deletes from the characteristics for extraordinary circumstances those actions that are likely to be highly controversial with respect to availability of adequate relocation housing. 5f. Provides guidance for the option of documenting that a project qualifies for categorical exclusion (see paragraph 305). 5g. Adds new categorical exclusions and revises existing categorical exclusions to accommodate actions that do not significantly affect the environment. The new and revised categorical exclusions are the result of the accumulated environmental experience of the FAA's actions subsequent to the original issuance of FAA's categorical exclusions between 1973 and 1986. The new categorical exclusions are: paragraphs 307c, 307e, 307f, 307h, 307p, 307u, 310c, 310d, 310u, 310w, 310z, 311c, 311d, 311e, 311g, 311k, 311m, 311n and 312b. Categorical exclusions that were substantively amended are: paragraphs 307i, 307k, 307m, 307o, 309a, 309d, 309e, 310a, 310b, 310h, 310i, 310k, and 310p. Some of the amended categorical exclusions are 1-2 1050.1E 06/08/04 formed by combining two or more categorical exclusions from Order 1050.1D. Applicable actions of the Associate Administrator for Commercial Space Transportation were added to the categorical exclusions under paragraphs 308b, 309c, 309d, 309g, 309h, 310h, 310l, 310q, 310t and 311n. Previous categorical exclusions from Order 1050.1D that were determined to be no longer relevant (outdated; redundant) were not carried forward into Order 1050.1E. The deleted categorical exclusions were (as identified in Order 1050.1D): Appendix 1, paragraphs 5i, 5o, and 5s; Appendix 3, paragraphs 4b and 4h; Appendix 4, paragraph 4e and 4m; Appendix 5, paragraphs 4a, 4b, 4c, 4e and 4f; and Appendix 7, paragraph 4b. Two previously-listed categorical exclusions, one in Order 1050.1D (Appendix 3, paragraph 4a) and the other in Order 5050.4A (paragraph 23b(9)), were determined to be "advisory actions." These are removed from the list of categorical exclusions but are now properly identified as advisory actions in paragraph 301. 5h. Provides formal procedures for adopting draft and final EA's prepared by other agencies (see paragraph 404d), as recommended by CEQ in its Memorandum: Guidance Regarding NEPA Regulations (48 FR 34263, July 28, 1983). 5i. Provides a new optional procedure for preparing records of decision that meet the requirements of NEPA and constitute final agency orders subject to judicial review pursuant to 49 U.S.C. 46110. (see paragraph 408). 5j. Provides a new optional procedure for preparing scoping documents (see paragraph 505). 5k. Provides a new optional procedure for publishing records of decisions (ROD's) in the Federal Register (see paragraph 512e). 5l. Adds a requirement, pursuant to EPA filing guidance, to notify the EPA if the FAA adopts an EIS prepared by another agency (see paragraph 518h). 5m. Adds a new Appendix A, Analyses of Environmental Impact Categories. Appendix A contains an overview of procedures for implementing other applicable environmental laws, regulations, and executive orders in the course of NEPA compliance. Appendix A incorporates and updates Attachment 2 of Change 4 to Order 1050.1D, and amends each impact category to include a significant threshold paragraph where thresholds have been established. 5n. Adds a new subject, "Supplemental Noise Guidance." to the Noise section of Appendix A (see section 14). 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 1-3 1050.1E 06/08/04 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. 5o. Adds a reference 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 applicable Executive Orders, directives, and guidance issued by the CEQ and EPA. (see section 16 of Appendix A) 5p. Provides a new procedure for integrating Clean Water Act section 404 permitting requirements and NEPA (see section 18, Appendix A, Analysis of Environmental Impact Categories). 5q. Adds a new Appendix B, FAA Guidance on Third-Party Contracting, with a brief cross- reference in paragraph 204d. This appendix provides 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. Adds a new Appendix C providing an annotated list of generally applicable executive orders, DOT and FAA orders, memoranda of agreement or understanding, and related CEQ and FAA guidance. 5r. Adds a new Appendix D that describes Environmental Stewardship and Streamlining pursuant to provisions in "Vision100 - Century of Aviation Reauthorization Act" that give review priority to certain projects, require the establishment and management of review timelines, improve and expedite interagency coordination, reduce undue delays, emphasize accountability, and otherwise assist in facilitating environmental reviews. Adds a new Appendix E providing a list of acronyms. 5s. Adds guidance that gives special consideration to the evaluation of the significance of noise impacts on noise-sensitive areas within national parks, national wildlife refuges, and historic sites including traditional cultural properties, and states that Part 150 land use guidelines and the DNL 65 dB threshold of significance for noise do not adequately address the effects of noise on visitors to areas within a national park or national wildlife refuge where other noise is very low and a quiet setting is a generally recognized purpose and attribute. 6. POLICY. 6a. The FAA is responsible for complying with both the procedures and policies of NEPA and other related environmental laws, regulations, and orders applicable to FAA actions. The FAA decisionmaking process shall support public understanding and scrutiny, consider the effect of a proposed action and its alternatives on the quality of the human environment, avoid or minimize adverse effects of the proposed action, and restore and enhance resources and environmental quality. The FAA will integrate NEPA and other environmental reviews and consultations into agency planning processes as early as possible. 6b. The environmental review process outlined in this order will assure that NEPA and other environmental considerations are taken into account. (See Appendix A for these considerations.) 1-4 1050.1E 06/08/04 EIS's/ROD’s and EA's/FONSI's document FAA compliance with these considerations and reflect a thorough review of all relevant environmental issues, using a systematic, interdisciplinary approach. 6c. 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. 6d. The new and amended categorical exclusions, and paragraph 211 on reducing paperwork and paragraph 212 on reducing delays are consistent with the FAA's initiative to streamline the NEPA process that was announced by the Administrator in January 2001. 6e. For projects subject to environmental streamlining, the FAA will comply with all environmental protection requirements outlined in this order, will maintain the integrity of the environmental process, and will respect the environmental responsibilities of other agencies. Environmental streamlining will be used to give review priority to certain projects, manage timelines during the review process, improve and expedite interagency coordination, reduce undue delays, and emphasize accountability. 7. EXPLANATORY GUIDANCE. 7a. This order sets forth policy and procedures for implementing NEPA. All FAA offices that have issued supplemental explanatory guidance for implementing NEPA within their programs must update their orders, policy and guidance, as appropriate, to be consistent with this revised order. 7b. A FAA program office may develop explanatory guidance to implement 40 CFR 1507.3 and this order. (1) Development of Explanatory Guidance. The program office shall consult with AEE and AGC (Airports and Environmental Law Division, AGC-600) in developing explanatory guidance related to this order. Program offices are encouraged to publish notice of availability for comment of its proposed explanatory guidance in the Federal Register, and take other steps to seek public input during the development of its explanatory guidance. (2) Review. The program office shall submit its proposed explanatory guidance to the Office of Environment and Energy (AEE) and the Office of the Chief Counsel (AGC) for a 60- day review period. If the Director of the Office of Environment and Energy (AEE-1) finds the explanatory guidance to be consistent with this order, after joint consultation with the AGC for legal sufficiency, AEE shall notify the program office and the program office may adopt these as its final explanatory guidance. (3) Notice. If a program office chooses to publish its explanatory guidance in the Federal Register, that office shall notify the parties with whom it has consulted and publish availability of that guidance in the Federal Register. 1-5 1050.1E 06/08/04 8. SCOPE. The NEPA process addresses impacts of Federal actions on the human environment, including noise, socioeconomic, land uses, air quality, and water quality. Chapter 2 of this order presents an overview of the NEPA process. Depending upon the context and potential impacts, NEPA procedures can differ. 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 paragraphs 303 and 307-312) absent extraordinary circumstances (see paragraph 304). Chapters 4 and 5 of this order outline the processes for preparing EA's and EIS's. These procedures apply to classes of FAA actions that have or may have a significant impact on the human environment. Appendix A, Analysis of Environmental Impact Categories, presents, for each environmental impact category, brief descriptions of statutory and regulatory requirements and a list of agencies with specialized expertise or legal jurisdiction. Appendix B provides additional FAA guidance on third-party contracting. Appendix C provides an annotated list of generally applicable executive orders, DOT and FAA orders, memoranda of agreement or understanding, and related CEQ and FAA guidance. Appendix D provides a summary of the FAA Reauthorization Act, "Vision 100 -- Century of Aviation Reauthorization Act," signed December 12, 2003. Appendix E provides a list of acronyms. 9. RELATION TO CEQ REGULATIONS. This order implements the mandate of NEPA, as defined and discussed in the CEQ 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 AND PROCEDURE FOR ISSUING CHANGES TO THIS ORDER. 10a. When the Administrator has not specifically reserved authority to make changes or revisions, the Director of the Office of Environment and Energy (AEE-1) may issue changes or revisions to this order. When a change or revision may affect an office or offices, AEE must formally coordinate with that office to afford it an opportunity to review and discuss the proposed change. (1) When a change or revision is substantial AEE must, in addition to the formal clearance procedures prescribed in Order 1320.1D, formally coordinate with the Office of the 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 publish the proposed change or revision in the Federal Register for public comment. After receiving all required FAA and DOT concurrences and after a finding of conformity is made by CEQ in accordance with 40 CFR 1507.3(a), the final change or revision may be published in the Federal Register and implemented. 10b. Each program office may submit to AEE proposed changes or revisions to this order. The Associate or Assistant Administrator for the requesting program office must provide AEE with a memorandum describing the proposed change, a detailed justification for the change, and comments from other program offices if the proposed changes or revisions affect them. AEE, in 1-6 1050.1E 06/08/04 cooperation with the requesting office, will process the proposed change or revision in accordance with the procedure prescribed in paragraph 10a. 11. DEFINITIONS. 11a. The terminology used in the CEQ regulations (see 40 CFR part 1508) and Title 49 of the United States Code is applicable. 11b. In addition, this paragraph defines basic terms used throughout this order, as follows: (1) Applicant. A person, entity, organization, or government agency seeking FAA approval of a major Federal action. Examples include, but are not limited to, airport sponsors, airlines, or commercial launch license applicants. (2) Approving Official. The FAA official with authority to approve findings of no significant impact (FONSI's) or environmental impact statements (EIS's) (see FAA Order 1100.154A, Delegation of Authority, which provides delegation of authority to agency officials to sign environmental documents). (3) Decisionmaker. The FAA official with 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, which provides delegation of authority to agency officials to sign environmental documents). (4) Environmental Due Diligence Audit (EDDA). A systematic program for conducting environmental investigations of real property transfers. The purpose of the EDDA program is to help minimize environmental liabilities associated with such transfers. An EDDA is prepared using historical record searches, photographic interpretation, and site inspections to determine the likelihood of environmental contamination prior to real property transfers (acquisition by, or transfer to or from, the FAA). Where an EDDA has been determined necessary by the FAA, it will be incorporated by reference (see FAA Order 1050.19a, Environmental Due Diligence Audits in the Conduct of FAA Real Property Transactions, for further information on EDDA's). (5) Environmental Studies. The investigation of potential environmental impacts to assist in determining the type of environmental review (see, e.g., 23 CFR 7.107(a)). (6) Human Environment. The natural and physical environment and the relationship of people with that environment (see 40 CFR 1508.14). (7) Launch Facility. The location on Earth from which a launch takes place, as defined in the terms and conditions of a license issued by the Secretary of Transportation, or designee, and the necessary facilities at that location to support the launch of commercial space launch vehicles. 1-7 1050.1E 06/08/04 (8) Noise Sensitive Area. An area where noise interferes with normal activities associated with its use. Normally, noise sensitive areas include residential, educational, health, and religious structures and sites, and parks, recreational areas (including areas with wilderness characteristics), wildlife refuges, and cultural and historical sites. For example, in the context of noise from airplanes and helicopters, noise sensitive areas include such areas within the Day Night Level (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 table 1 on land use in section 4 of Appendix A of this order; section 14 on noise in Appendix A; and 14 CFR part 150, Airport Noise Planning, Land Use Compatibility Guidelines). The FAA recognizes that there are settings where the 65 DNL standard may not apply. In these areas, the responsible FAA official will determine the appropriate noise assessment criteria based on specific uses in that area. (See also section 6.2i of Appendix A of this order for further guidance.) 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.) (9) Responsible FAA Official. 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 which provides delegation of authority to agency officials to sign environmental documents). (10) Tribe. An American Indian or Alaska Native Tribe, Band, Nation, Pueblo, Village, or Community the Secretary of the Interior recognizes as an Indian Tribe under the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a. A Federally Recognized Tribe is eligible for the programs, services, and other government-to-government relationships established by the United States for Indians because of their status as Indians and tribes. Under the Federally Recognized Indian Tribe List Act, the Department of the Interior, Bureau of Indian Affairs, annually publishes a list of Federally Recognized Tribes in the Federal Register and maintains this list on its web site. 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. APPLICABILITY. 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. The requirements in this order apply to, but are not limited to, the following: all grants, loans, contracts, leases, construction, 1-8 1050.1E 06/08/04 research activities, rulemaking and regulatory actions, certifications, licensing, permits, plans submitted to the FAA by state and local agencies which require FAA approval, and legislation proposed by the FAA. Exceptions to these requirements are listed in chapter 2. The procedures in this order shall apply to the fullest extent practicable to ongoing activities and environmental documents begun before the effective date, except that this order does not apply to decisions made and final environmental documents issued prior to the effective date of this order. 13.-199. RESERVED 1-9 1050.1E 06/08/04 CHAPTER 2. NEPA PLANNING AND INTEGRATION 200. INTRODUCTION. 200a. This chapter guides the responsible FAA official, approving official, and decisionmaker in the NEPA process by determining the following: (1) Whether an action is advisory (not subject to NEPA procedures), categorically excluded, or whether it 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. 200b. FAA's primary mission is to assure aviation safety, security, and efficiency. NEPA compliance and other environmental responsibilities are integral components of that mission. NEPA assures informed decisionmaking. NEPA provides a means for assuring that environmental concerns and interests of the public, Federal, State, or local agencies, and Tribes 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 environmental analyses, public involvement, and interagency and intergovernmental coordination depend upon determining the appropriate level of review early in planning, budgeting, and scheduling. 200c. In accordance with NEPA, environmental issues shall be identified and considered early in an action’s planning process. Agencies shall use a systematic, interdisciplinary approach. As appropriate, agencies shall also involve local communities and coordinate with agencies and governmental organizations. Environmental permits and other forms of approval, concurrence, or consultation may be required, often from other agencies. Awareness of any applicable permit application and other review process requirements should be included in the planning process to ensure that necessary information is collected and provided to the permitting or reviewing agencies in a timely manner. This is especially true if applicable laws, regulations, or executive orders specify timeframes for these processes. Project proponents should prepare a list noting all obvious environmental resources the sponsor's proposed action and alternatives it proposes would affect, include specially protected resources. Proponents should complete these tasks at the earliest possible time during project planning to ensure full consideration of all environmental resources and facilitate FAA's NEPA process. 200d. The responsible FAA official can use the NEPA process most effectively as an umbrella or vehicle for giving appropriate consideration to specific environmental concerns by: (1) Describing the agency's underlying purpose and need for taking action; 2-1 1050.1E 06/08/04 (2) Identifying reasonable alternatives to the proposed action (must include the no action alternative); (3) Rigorously analyzing the reasonably foreseeable direct, indirect, and cumulative environmental impacts of the proposed action and alternatives (4) Providing 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) Identifying and evaluating measures to mitigate adverse effects of the preferred alternative and ensuring that appropriate measures are implemented. (7) Facilitating compliance with applicable environmental laws, regulations, and executive orders. 200e. Applicability of NEPA Procedures to FAA Actions. (1) Advisory Actions. Some Federal actions are of an advisory nature. Actions of this type are not considered major Federal actions under NEPA, and categorical exclusions, EA's or EIS's are not required as a condition for taking the action. See paragraph 301 for further information on advisory action. (2) Emergency Actions (other than those that fall under paragraph 307a). 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. See paragraph 302 for further information on emergency actions. (3) FAA Actions Subject to NEPA Review (categorical exclusions; environmental assessments; environmental impact statements). Unless otherwise excepted by CEQ regulations, all formal actions taken by FAA officials are subject to NEPA review unless statutory law applicable to the FAA's operations expressly prohibits or makes compliance impossible. Actions covered by NEPA review include grants, loans, contracts, leases, construction, research activities, rulemaking and regulatory actions, certifications, licensing, permits, plans submitted to the FAA which require FAA approval, and legislation proposed by the FAA. (4) FAA Actions Not Subject to NEPA Review. (a) judicial or administrative civil enforcement actions (i.e., Investigative and Enforcement Procedures under 14 CFR part 13, and other administrative actions pursuant to: 14 CFR part 14, Rules Implementing the Equal Access to Justice Act of 1980; 14 CFR part 15, Administrative Claims Under Federal Tort Claims Act; 14 CFR part 16, Rules of Practice for 2-2 1050.1E 06/08/04 Federally-assisted Airport Enforcement Proceedings; and 14 CFR part 17, Procedures for Protests and Contracts Disputes) (b) administrative actions pursuant to the application of a categorical exclusion to, or development and approval of an EA, FONSI, EIS, or ROD for, any FAA action subject to NEPA review. Also, NEPA review (categorical exclusions; EA's or EIS's) is not required for the promulgation of this Order, or similar orders, issued by the Administrator or organizational elements as authorized by the Administrator, that provide supplemental instructions for agency compliance with NEPA procedures. 201. THE THREE MAJOR LEVELS OF NEPA REVIEW. The three major levels of NEPA review are categorical exclusions, environmental assessments (EA), and environmental impact statements (EIS). 201a. If an action is included in one of the categories of categorical exclusions (see paragraphs 307-312), and no extraordinary circumstances (see paragraph 304) apply to the proposed action, the FAA can take action without further environmental review. (See Appendix A for associated findings and determinations that may need to be made, and, in certain situations, in consultation with relevant oversight agencies, under special purpose statutes, regulations, and executive orders.) 201b. 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 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 on the proposed action indicates that the action will not result in significant impacts, the responsible FAA official prepares a FONSI. The FONSI documents the basis or bases for FAA's determination that the action lacks potentially significant environmental impacts. It does not represent the agency’s decision to implement the proposed action. A formal decision document after a FONSI, 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. If FAA decides a FONSI/ROD is needed, it should incorporate the FONSI, along with other required findings. The FONSI and other findings must be documented in the project file. 201c. When proposed actions incorporate mitigation measures to avoid, eliminate, or reduce anticipated harm, a FONSI may be prepared and must include appropriate mitigation measures (see paragraph 404g). 201d. If the EA indicates the proposed action's impacts would meet or exceed a significance threshold(s) for the affected resource(s), or that mitigation would not reduce the significant impact(s) below the applicable threshold(s), FAA must prepare an EIS. 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 notice of the final EIS has been published by EPA in the Federal Register, the FAA may issue a 2-3 1050.1E 06/08/04 ROD. The ROD presents the agency's official decision on the proposed action and identifies any mitigation and monitoring measures. 201e. 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. 202. INITIAL IDENTIFICATION OF ISSUES AND CONCERNS. 202a. 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, water, wildlife, energy supply and natural resources, or cultural, historic or archeological resources; (2) Would be located in wetlands, floodplains, coastal zones, prime or important farmlands, habitat of Federally listed endangered, threatened, or other protected species, wild and scenic river areas, areas protected under section 4(f) of the DOT Act, or in or adjacent to minority or low income populations; or (3) Would be highly controversial on environmental grounds (40 CFR 1508.27(b)(4)). 202b. 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 409 and 513). 203. RESPONSIBILITIES OF THE FAA AND APPLICANTS 203a. Where actions are directly undertaken by FAA, the FAA may prepare EA's and EIS's, or use contractors in accordance with paragraph 204a. 203b. Where the FAA must evaluate applications and has sufficient control to conditionally approve the license or project, applicants may prepare EA's, but not EIS's. If the applicant prepares an EA, then the FAA must advise and assist the applicant during its preparation. The FAA must independently evaluate and take responsibility for the assessment. This ensures that an applicant’s potential conflict of interest does not impair the objectivity of the document. The FAA may ask the applicant to correct any deficiencies and re-submit the assessment if the FAA is not satisfied. Based on the final review, the FAA decides whether to prepare an EIS or issue a FONSI. Applicants may fund the preparation of EIS's through third-party contracting (see 2-4 1050.1E 06/08/04 paragraph 204 and Appendix B). In such cases, the role of the applicant is limited to providing, as appropriate, planning information, environmental studies (including studies to obtain incomplete information that the FAA finds to be required under the standards of 40 CFR 1502.22), other FAA-requested information, and financing for the EIS consultants costs. 203c. For projects directly undertaken by Federal agencies and requiring an EIS, the EIS shall be prepared at the feasibility analysis (go - no go) stage, and may be supplemented at a later stage. For applications to the FAA requiring an EA or EIS, preparation of the EA or EIS shall begin no later than immediately after the FAA receives the application or proposal. 204. USE OF CONTRACTORS. 204a. Contracted consulting services may be used to prepare essential environmental documents or information. 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 EA's and EIS's for the FAA or an EA for a non-FAA party seeking FAA approval or funding, the contractor must comply with the provisions of this order. 204b. In some circumstances, consultant services may be needed by FAA to perform environmental assessments for direct Federal actions. Under FAA Acquisition Management System policy, procurements may not be awarded to contractors who have unacceptable actual or potential organizational conflicts of interest. Organizational conflicts of interest result when, because of activities or relationships with other persons a person is unable or potentially unable to render impartial assistance to the agency or the person’s objectivity in performing the contract work is or might be impaired, or the person has an unfair competitive advantage (as used herein, the term "person" includes any legal entity including a partnership, corporation, or association). For example, a contractor selected to prepare an environmental assessment would have a potential conflict of interest if also selected to conduct final design work when the final design work is part of the construction contract. "Final design work" means a bid-ready site-specific design package containing drawings, design data handbook and construction cost estimate. The FAA may select a contractor to prepare both an EA and preliminary design work provided the design work is conceptual in nature. "Preliminary design work" means design to local criteria based on a national facility design. When an actual or potential conflict of interest is identified by either the contractor or the agency official, the agency official must consult with AGC or Regional Counsel to determine whether there is a conflict and, if so, whether the conflict can be avoided or mitigated or waived at the FAA’s discretion. Such determinations are made on a case-by-case basis. FAA Acquisition Management System June 1997, Section 3.1.7. 204c. 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 B, FAA Guidance on Third-Party Contracting). It is advisable to follow these procedures when preparing an EA, as the EA may result in a decision to prepare an EIS. Further, delays in preparing an EIS might be avoided by selecting the contractor in accordance with this paragraph and Appendix B. 2-5 1050.1E 06/08/04 204d. 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, as delegated by the FAA pursuant to 40 CFR 1501.6(b)(3)), specifying that the contractor has no financial or other interest in the outcome of the action (see 40 CFR 1506.5(c)). 205. EFFECTIVE DATE. This order is effective immediately upon signature. 206. SPECIAL INSTRUCTIONS. The responsible FAA official should not take any action or make any irretrievable and irreversible commitments of resources which would have an adverse environmental impact or limit the choice of reasonable alternatives until any required EIS has been completed that meets the requirements of this order (see 40 CFR 1506.1). 206a. Requirements that apply to EIS's may also be used for the preparation of EA's. 206b. Land acquisition and facility construction. (1) The 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, unless the acquisition of land is inextricable to the proposed project or effectively limits the choice of reasonable alternatives. The acquisition of land is inextricable to the proposed project where the acquisition is part of one continuous project leading inevitably to the proposed Federal action. (2) If the FAA action requires acquisition of property and the action is not categorically excluded under Chapter 3 of this order, no formal contact with the property owner for the purpose of acquiring these interests, including any offer, should be made prior to filing of an EIS or issuance of a FONSI, except for: (a) Emergency situations; (b) Obtaining rights-of-way for such purposes as preparation for site testing, obtaining data, property surveys, etc.; and (c) Those cases where the NEPA review process indicates that the proposed site warrants further engineering study and requires an EIS. It assures the availability of the property pending and filing the EIS. In this event, the DEIS should state that the FAA has entered into an option and the reason for the option; that alternative sites are being considered through the EIS process; and that a decision to exercise the option will not be made until completion of the review and filing of the EIS. (3) 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. 2-6 1050.1E 06/08/04 206c. The responsible FAA official will give particular attention to its responsibilities under section 4(f) of the DOT Act 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 properties under section 4(f) of the DOT Act unless there is no feasible and prudent alternative to the use and the program includes all possible planning to minimize harm from the use. 206d. 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 EIS's 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. 207a. Lead agencies may ask Federal agencies with special expertise or jurisdiction by law to be cooperating agencies. 207b. 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 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) and the CEQ Memorandum for Heads of Federal Agencies: Cooperating Agencies in Implementing the Procedural Requirements of the National Environmental Policy Act (January 30, 2002). 208. PUBLIC INVOLVEMENT 208a. NEPA and the CEQ regulations, in describing the public involvement process, require Federal agencies to: consider environmental information in their decision making process; obtain information from the public regarding environmental concerns surrounding an agency’s proposed action; fully assess and disclose potential environmental impacts resulting from the proposed action and alternatives; and provide the public with this information and allow it to comment on these findings. Public involvement is also required when FAA revises its rules, or when it proposes substantial changes to its NEPA implementing instructions. FAA’s “Community Involvement Policy Statement” (dated April 17, 1995) affirms FAA’s commitment to make complete, open and effective public participation an essential part of its actions, programs, and decisions. 2-7 1050.1E 06/08/04 208b. At the earliest appropriate stage of the action and early in the process of preparing NEPA documentation, the responsible FAA official, or when applicable, the project proponent, must provide pertinent information to the affected community and agencies and consider the affected communities' opinions(40 CFR 1501.2). 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 or EIS is required. 208c. Public input is important in defining the scope of FAA NEPA documents. Public involvement is required when the FAA prepares an EIS (40 CFR 1501.4(d)). Public involvement must be provided for, to the extent practicable, while an EA is being drafted (40 CFR 1501.4(b)). Although there is no standard approach to public scoping, it is important that FAA facilitate public participation in that process as well. Therefore, the FAA should tailor public scoping processes to match the complexity of the proposal. 208d. FAA must provide the public with an opportunity to review and comment on draft EIS's and must formally respond to those public comments in final EIS's (40 CFR 1506.6 and 1503.4). Although the FAA need not formally respond to public comments concerning EA's, EA's should reflect the FAA’s consideration of public concerns. Further information about public involvement during the EA or EIS process is contained in chapters 4 and 5, respectively. 208e. NEPA also serves as “a framework” statute for completing the public notice and participation requirements specified in many other applicable environmental laws and regulations, e.g., section 106 of the National Historic Preservation Act, Executive Order 12898 and Order DOT 5610.2, addressing environmental justice. Responsible FAA officials and project proponents must involve, and are encouraged to work cooperatively with, other agencies during the NEPA process and meet the public involvement needs specified in all the environmental laws, regulations and executive orders applicable to a proposed FAA action. 208f. When another Federal agency disposing of land is the lead agency pursuant to NEPA, the FAA shall defer to the public involvement requirements of the agency having jurisdiction over those lands. For example, when FAA actions involve the transfer of military installations, FAA should work with DOD to satisfy DOD public involvement needs and incorporate NEPA with the requirements of the Base Closure and Realignment Acts. 208g. The FAA must prepare draft EIS's for rulemaking activities that could cause significant environmental impacts. As needed, the responsible FAA official should consult with the Office of Rulemaking (ARM) and the Office of the Chief Counsel (AGC) to coordinate public involvement in these instances. 2-8 1050.1E 06/08/04 209. PUBLIC HEARINGS, WORKSHOPS AND MEETINGS. 209a. Strategic planning is needed to successfully integrate public involvement and NEPA. Failure to complete public participation can delay the process and, therefore, the proposed action. In many instances, hearings, workshops, or meetings provide timely opportunities to discover potentially controversial issues. Some factors that are helpful in deciding if a hearing, workshop, or meeting is needed include: (1) the proposed action’s magnitude in terms of environmental impact, environmental controversy, cost and/or extent of the affected geographical area; (2) the degree of interest that Federal, State, Tribal, or local authorities or the public exhibit; (3) the complexity of issues; and 209b. A scoping meeting may be appropriate when the impacts of a particular action are confined to specific sites. See chapter 5, paragraph 505. 209c. If the FAA conducts a public hearing, meeting, or workshop for the purpose of obtaining public comment on a draft EIS or EA, the FAA should ensure that the draft EIS or EA is available for public review at least 30 days before the event occurs. Notice of a public hearing, meeting, or workshop should appear in local, general circulation newspapers. Notice of actions having national implications should be published in the Federal Register and mailed to national organizations having an interest in the matter. The notice should provide the: (1) date, time, and place, and a time period during which written comments will be accepted; (2) description of the proposed action; (3) location and availability of the NEPA document; and (4) name and phone number of the responsible FAA official for information purposes. 209d. FAA must, at the earliest stages of project planning, make every effort practicable to notify potentially affected minority populations and low-income populations of proposed actions. This may be done through the convening of public hearings, meetings, or workshops on NEPA documents. Direct contact shall be made with minority and low-income community groups, organizations and/or leaders in communities affected by the activity. Many public involvement techniques exist. As appropriate, provisions should be made to accommodate the needs of the elderly, handicapped, non-English speaking, minority and low-income populations. FAA’s Community Involvement Manual” (FAA-EE-90-3, dated August 1990) and chapter 2 of DOT’s “Public Involvement Techniques for Transportation Decisionmaking” provide additional guidance on hearings, meetings, and workshops. The inclusion of public comments and FAA responses to those comments in EA's and EIS's is addressed in paragraph 208. When dealing 2-9 1050.1E 06/08/04 with classified information, consult FAA Order 1600.2D, “Safeguarding Controls and Procedures for Classified National Security Information and Sensitive Unclassified Information (Aug. 29, 1997), specifically chapter 7. 210. 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: 210a. Executive Order 12906, Coordinating Geographic Data Acquisition and Access: The National Spatial Data Infrastructure, April 11, 1994 (59 FR 17671, April 13, 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. 210b. 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. FAA documents intended for public distribution must also comply with the DOT Information Quality Guidelines prepared pursuant to the OMB guidelines (P.L. 106-554) regarding the objectivity, utility, and integrity of the information disseminated. The public comment and participation process for a draft EIS satisfies the process for requesting correction of information. Any corrections deemed appropriate will be included in the Final EIS. A request for corrections to a Final EIS or for reconsideration of a request for corrections may be handled as though it were a request for a Supplemental EIS. 211. 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. 211a. The responsible FAA official should integrate NEPA requirements and other applicable environmental reviews and consultation requirements (40 CFR 1500.4(k)). 211b. The responsible FAA official should refer to Appendixes A and C of this order for an overview of analyses required under other applicable environmental laws, regulations, and executive orders. 211c. 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). 211d. Relevant information may be incorporated by reference (including the use of hyperlinks to documents that are stored and maintained electronically) and the FAA is 2-10 1050.1E 06/08/04 encouraged to do so 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). 212. REDUCING DELAY. CEQ regulations encourage the reduction of delay while allowing for public involvement and interagency and intergovernmental consultation. 212a. 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. 212b. The responsible FAA official should, where appropriate, use tiering for EA's and EIS's (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. 212c. The responsible FAA official should refer to Appendixes A and C 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)). 212d. The responsible FAA official should identify any need for additional studies or documentation. 213. INTERGOVERNMENTAL AND INTERAGENCY COORDINATION AND CONSULTATION. 213a. The responsible FAA official, or when appropriate, the project proponent, should consult affected local units of government, Federal and State agencies, and Tribes early in the NEPA process. 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 (see Appendix A). Environmental permits and other forms of approval, concurrence, or consultation may be required from other agencies. Pertinent 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. 2-11 1050.1E 06/08/04 213b. 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 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. See also specific requirements for consultation with State and local governments in Appendix A, Analysis of Environmental Impact Categories. (2) Tribes. In accordance with Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, November 6, 2000 (65 FR 67249, November 9, 2000), the Federal Government continues to work with Tribes on a government-to-government basis to address issues concerning Tribal self government, trust resources, and Tribal treaty and other rights. For regulations, legislative comments, or proposed legislation, and other policy statements or actions that have substantial direct effects on Federally Recognized Tribes, the appropriate FAA official should initiate consultation with the recognized leader of the Tribe and seek advice on how to proceed based on the Tribal culture and the Tribal organization as discussed in FAA Order 1210.20, "American Indian and Alaska Native Tribal Consultation Policy and Procedures" (January 28, 2004). (See also specific requirements for consultation with Tribes in Appendix A.) Sources of information for addresses to contact Tribes include, for example, State Historic Preservation Offices, the Bureau of Indian Affairs, FAA's Federal Historic Preservation Officer, and FAA's National or Regional Tribal Consultation Officials.. (3) Foreign governments. In accordance with Executive Order 12114, Environmental Effects Abroad of Major Federal Actions, dated January 4, 1979 (44 FR 1957, January 9, 1979), specific treaties, and DOT Order 5610.1C, paragraph 16, the responsible FAA official should consult with the appropriate headquarters line of business office. The line of business will notify AEE and then consult with the Assistant Secretary for Transportation Policy (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. 213c. The responsible FAA official should refer to relevant interagency memoranda of agreement and understanding. (See also Appendix A, Analysis of Environmental Impact Categories; Appendix C, Related Executive Orders, DOT & FAA Orders, and Memoranda/Guidance; and contact the Environment, Energy and Employee Safety Division (AEE-200) or the Office of Chief Counsel (AGC-600) for information on the status of this and other interagency memoranda). 213d. 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 A, 2-12 1050.1E 06/08/04 Analysis of Environmental Impact Categories, and contact the Environment, Energy and Employee Safety Division (AEE-200) or the Office of Chief Counsel (AGC-600) for more specific information. 213e. In accordance with 40 CFR 1503.1 and 1503.2, the FAA must be invited to comment, and the FAA must comment, on draft EIS's prepared by other Federal agencies if the FAA has jurisdiction by law or special expertise with respect to any environmental impact involved or is authorized to develop and enforce environmental standards (e.g., 14 CFR part 36). The responsible FAA official may, if appropriate, reply that the FAA has no comment. Further, if the FAA is acting as a cooperating agency, the responsible FAA official shall, if satisfied that FAA's views are adequately reflected in the environmental document, reply that the FAA has no comment. If the responsible FAA official or the Office of Environment and Energy prepares comments that request additional information, the request should be as timely and specific as possible, indicating what additional information the FAA needs to fulfill other applicable environmental reviews or consultation requirements. If the responsible FAA official or the Office of Environment and Energy objects or expresses a reservation about the proposed action based on potential environmental impacts, the FAA reply must specify what mitigation measures it considers necessary to allow the program office to grant or approve applicable permit, license, or related requirements or concurrences. 214. ROLES AND RESPONSIBILITIES. The Associate and Assistant Administrators of the various FAA organizations shall define the roles and responsibilities of their respective offices, services, regions, and centers for complying with this order. Responsibilities may be delegated in accordance with appropriate FAA orders, such as Order 1100.154A, Delegations of Authority. 214a. The Assistant Administrator for Region and Center Operations (ARC) is responsible for overseeing Regional Administrators and the Director of the Mike Monroney Aeronautical Center. They are responsible for coordinating cross-divisional and cross-regional environmental matters and for overseeing those regional environmental activities not otherwise straight-lined to headquarters. Additionally, the Director of the Mike Monroney Aeronautical Center is responsible for overseeing center environmental activities, including NEPA compliance. 214b. The Associate Administrator for Airports (ARP) is responsible for considering the environmental impacts of proposed FAA approvals of FAA-funded airport actions, airport layout plans (even if the proposal does not require FAA funding), and assuring compliance with NEPA requirements and other Federal and Departmental environmental laws, regulations, and orders. Airports personnel shall comply with the NEPA requirements in this order, supplemented by the most current version of FAA Order 5050.4A (or subsequent revisions to it). 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. 214c. The Assistant Administrator for Aviation Policy, Planning, and Environment (AEP) 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 2-13 1050.1E 06/08/04 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 “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. 214d. The Office of the Chief Counsel (AGC) is responsible for providing legal advice on NEPA compliance and legal requirements. AGC reviews actions subject to section 4(f) of the DOT; counsels and assists headquarters staff and regional offices in accomplishing FAA environmental review, 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 actions and environmental activities and in advising on the legal sufficiency of regional and center environmental documents. 214e. The Air Traffic Organization is responsible for evaluating the environmental impacts for all actions arising out of Air Traffic Organization responsibilities that require compliance with NEPA and all other Federal and Departmental environmental laws, regulations and orders. Air Traffic Organization personnel shall comply with the NEPA requirements of this order. 214f. The Associate Administrator for Commercial Space Transportation (AST) is responsible for assessing 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 (LV's) 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. 214g. The Associate Administrator for Regulation and Certification (AVR) is responsible for considering the environmental impacts for all actions arising out of AVR initiatives that require NEPA compliance and other Federal and Departmental environmental laws, regulations, and orders. AVR personnel shall comply with requirements as delegated to the Flight Standards Service, Aircraft Certification Service, Regional Flight Standards Service Division Managers, and Aircraft Certification Directorate Managers. 214h. The Assistant Administrator for International Aviation (API) is responsible for considering the environmental impacts for all actions arising out of API initiatives that require NEPA compliance and other Federal and Departmental environmental laws, regulations, and orders. API personnel shall comply with requirements as delegated to the Office of International Aviation. 2-14 1050.1E 06/08/04 214i. The Assistant Administrator for Financial Services (ABA) is responsible for assuring that adequate funding is requested for NEPA activities in the budget outyears. ABA assures that services, regions, centers, and offices factor in 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. 214j. 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 (AEE) within the Associate Administrator for Policy, Planning, and Environment (AEP), and the Environmental Law Branch of the Office of Chief Counsel (AGC), and training staff within the program offices. 214k. 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 Order DOT 5610 on environmental justice in the context of Title VI of the Civil Rights Act of 1964, as amended. 214l. The Assistant Administrator for Security and Hazardous Materials (ASH) is responsible for considering the environmental impacts for all actions arising out of ASH initiatives that require NEPA compliance and other Federal and Departmental environmental laws, regulations, and orders. 215. ENVIRONMENTAL STEWARDSHIP AND STREAMLINING. Certain airport capacity projects, aviation safety projects, and aviation security projects may be subject to special designation and treatment in accordance with provisions of “Vision 100 -- Century of Aviation Reauthorization Act” as described in Appendix D of this order. Airport infrastructure projects may also be selected for review under Executive Order 13274, Environmental Stewardship and Transportation Infrastructure Project Reviews. It is the responsibility of the FAA office that has the primary responsibility for a proposed action and that is leading the environmental review to assure that applicable special review provisions are effectively applied. 216.-299. RESERVED. 2-15 1050.1E, CHG 1 03/20/06 CHAPTER 3. ADVISORY AND EMERGENCY ACTIONS AND CATEGORICAL EXCLUSIONS 300. INTRODUCTION. This chapter explains how to address advisory actions and emergency actions. It also provides guidance on FAA actions that are categorically excluded, and as a result, do not require an EA or EIS. 301. ADVISORY ACTIONS. Some Federal actions are of an advisory nature. Actions of this type are not considered major Federal actions under NEPA, and categorical exclusions, EA's or EIS's are not required as a condition for taking the action. If it is known or anticipated that some subsequent Federal action would be subject to NEPA, the FAA shall so indicate in the advisory action. Examples of advisory actions include: 301a. Determinations under 14 CFR part 77, Objects Affecting Navigable Airspace; and 301b. 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. 301c. Designation of alert areas and warning areas under FAA Order 7400.2, Procedures for Handling Airspace Matters. 302. EMERGENCY ACTIONS THAT REQUIRE AN ENVIRONMENTAL IMPACT STATEMENT. 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 that merit an environmental impact statement without observing other provisions of CEQ regulations. The processing times may be reduced or, if the emergency situation warrants, preparation and processing of environmental impact statements may be abbreviated. A request for alternative arrangements must be made by, or on the behalf of, the Administrator of the FAA. The responsible FAA official should consult with AEE (Environment, Energy and Employee Safety Division, AEE-200) and AGC (AGC- 600) for evaluation to assure national consistency. The responsible FAA official shall then consult CEQ about alternative arrangements for complying with NEPA. 303. CATEGORICAL EXCLUSIONS: GENERAL. 303a. Categorical exclusions are those types of Federal actions that meet the criteria contained in 40 CFR 1508.4. They represent actions that the FAA has found, 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 identified by functional group and are presented in paragraphs 307 through 312. All offices should examine the categorical exclusions provided to determine 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. However, any office may use 3-1 1050.1E 06/08/04 a given categorical exclusion if it is applicable to their particular action. Where qualifications identifying an extraordinary circumstance are included in a given categorical exclusion, they are intended for emphasis only, and are not intended to imply that such qualifications should not be considered for other categorical exclusions, where applicable. 303b. The categorical exclusion list is classified by the following functions: (1) Administrative/General: Actions that are administrative or general in nature. (2) Certification: Actions concerning issuance of certificates or compliance with certification programs. (3) Equipment and Instrumentation: Actions involving installation, repair, or upgrade of equipment or instruments necessary for operations and safety. (4) Facility Siting, Construction, and Maintenance: Actions involving acquisition, repair, replacement, maintenance, or upgrading of grounds, infrastructure, buildings, structures, or facilities that generally are minor in nature. (5) Procedural: Actions involving establishment, modification, or application of airspace and air traffic procedures. (6) Regulatory: Actions involving compliance with, or exemptions to, regulatory programs or requirements. 303c. The responsible FAA official must first determine whether a proposed action is within one of the categorical exclusions listed in paragraphs 307 through 312. If it is not, an EA or EIS must be prepared. 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 determination that a proposed action qualifies for categorical exclusion. 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. 303d. Some of the categorical exclusions listed in paragraphs 307-312 are actions for which there is no reasonable expectation of a change in use and thus should not cause environmental impacts. Such actions are identified by reference to this paragraph. 3-2 1050.1E, CHG 1 03/20/06 Figure 3-1. Categorical Exclusion Determination Process Step 1 Step 2 Step 3 Optional Step 4 Step 5 Responsible FAA official or project proponent defines proposed action. Responsible FAA official compares proposed action to list of categorical exclusions. Responsible FAA official reviews proposed action for extraordinary circumstances. Responsible FAA official has an option to issue and file a categorical exclusion determination if extraordinary circumstances are not involved. Approving FAA official proceeds with action. 304. EXTRAORDINARY CIRCUMSTANCES. Some actions that would normally be categorically excluded could require additional environmental analysis to determine the appropriate NEPA documentation. A determination of whether a proposed action that is normally categorically excluded requires an EA or EIS depends on whether the proposed action involves extraordinary circumstances. Extraordinary circumstances exist when the proposed action (1) involves any of the following circumstances, and (2) may have a significant effect (40 CFR 1508.4). The presence of one or more of the following circumstance(s) in connection with a proposed action is not necessarily a reason to prepare an EA or EIS. The determination of whether a proposed action may have a significant environmental effect is made by considering any requirements applicable to the specific resource (see Appendix A). The circumstances are as follows: 304a. An adverse effect on cultural resources protected under the National Historic Preservation Act of 1966, as amended. 304b. An impact on properties protected under section 4(f) of the Department of Transportation Act. 304c. An impact on natural, ecological (e.g., invasive species), or scenic resources of Federal, Tribal, State, or local significance (for example: Federally listed or proposed endangered, threatened, or candidate species or designated or proposed critical habitat under the Endangered Species Act), resources protected by the Fish and Wildlife Coordination Act; wetlands; floodplains; coastal zones; prime, unique, State or locally important farmlands; energy supply and natural resources; and wild and scenic rivers, including study or eligible river segments and solid waste management. 304d. Cause a division or disruption of an established community, or a disruption of orderly, planned development, or an inconsistency with plans or goals that have been adopted by the community in which the project is located. 304e. Cause an 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). 3-3 1050.1E 06/08/04 304f. An impact on noise levels of noise-sensitive areas. 304g. An impact on air quality or violate local, State, Tribal, or Federal air quality standards under the Clean Air Act Amendments of 1990. 304h. An impact on water quality, sole source aquifers, a public water supply system, or State or Tribal water quality standards established under the Clean Water Act and the Safe Drinking Water Act. 304i. Effects on the quality of the human environment that are likely to be highly controversial on environmental grounds. The term "controversial" means a substantial dispute exists as to the size, nature, or effect of a proposed Federal action. The effects of an action are considered highly controversial when reasonable disagreement exists over the project's risks of causing environmental harm. Opposition on environmental grounds by a Federal, State, or local government agency or by a Tribe or by a substantial number of the persons affected by the action should be considered in determining whether or not reasonable disagreement regarding the effects of a proposed action exists. 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 (AGC-600) for assistance. 304j. Likelihood to be inconsistent with any Federal, State, Tribal, or local law relating to the environmental aspects of the proposed action. 304k. Likely to directly, indirectly, or cumulatively 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 A for additional information), likely to be contaminated with hazardous materials based on Phase I or Phase II Environmental Due Diligence Audit (EDDA's) , or likely to cause such contamination (see section 10, Appendix A for additional references and discussion). 305. OPTIONAL CATEGORICAL EXCLUSION DOCUMENTATION. Categorical exclusions are allowed under CEQ regulations to reduce delay and paperwork. Once categorical exclusions are promulgated, with notice and public procedure, by the FAA, CEQ guidance allows FAA not to repeatedly 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 A for information about specific findings or determinations and associated public notice and comment requirements under other applicable environmental laws, regulations, and executive orders.). Unique situations may occur where the responsible FAA official may decide, for record-keeping purposes or in anticipation of litigation, to informally document the agency’s categorical 3-4 1050.1E 06/08/04 exclusion determination. Examples of such unique situations may include: (1) when there is controversy or public opposition (but not "effects on the quality of the human environment likely to be highly controversial on environmental grounds" as defined in paragraph 304i); (2) when the applicability of a categorical exclusion is not intuitively clear; (3) when litigation is anticipated; or (4) 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 appropriate type and amount of information. 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 done in addition to making the appropriate determination to apply a categorical exclusion. Compliance with these laws, regulations or executive orders, including any required consultations, findings or determinations, should be documented. Additional information on other environmental laws, regulations, and executive orders is provided in Appendixes A and C. 307. CATEGORICAL EXCLUSIONS FOR ADMINISTRATIVE/GENERAL ACTIONS. This paragraph provides the list of categorical exclusions for FAA actions that are administrative or general in nature. 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 deciding to categorically exclude a proposed action. 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 are identified by reference to paragraph 303d. The categorical exclusions for administrative and general actions are: 307a. Implementation of measures to respond to emergency air or ground safety needs, accidents, or natural events with no reasonably foreseeable significant long-term adverse effects (All) 307b. Release of an airport sponsor from Federal obligations incurred when the sponsor accepted: (1) an Airport Improvement Grant; or (2) Federal surplus property for airport purposes. FAA consent to long term leases (i.e., those exceeding 20 years) converting airport-dedicated property to non-aeronautical, revenue-producing purposes (e.g., convenience concessions such as food or personal services) has the same effect as a release and is part of this categorical exclusion provided that the proposed any reasonably foreseeable uses of the property do not trigger extraordinary circumstances as described in paragraph 304. (APP) 307c. A FAA action responding to a request for conveying Federally-owned land, including surplus Federal property and/or joint-use facilities, provided the prop