[Federal Register Volume 69, Number 241 (Thursday, December 16, 2004)]
[Notices]
[Pages 75374-75379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27598]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2004-19058; FAA Order 5050.4B]
NEPA Implementing Instructions for Airport Actions
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of availability, and request for comments on Draft Order
5050.4B, NEPA implementing procedures for airport actions.
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SUMMARY: The Federal Aviation Administration's Office of Airports (ARP)
is proposing revisions to its National Environmental Policy Act (NEPA)
implementing instructions for the airport development projects and
other airport actions under its authority. ARP has prepared a draft
order, FAA Order 5050.4B, NEPA Implementing Procedures for Airport
Actions. The final version of that order would replace Order 5050.4A,
Airports Environmental Handbook, dated October 8, 1985. The proposed
order updates and adds to the instructions in the 1985 publication and
is consistent with FAA Order 1050.1E, Environmental Impact: Policies
and Procedures, discussed below.
The draft order follows the Council on Environmental Quality's
(CEQ's) NEPA implementing regulations at 40 CFR Part 1500 et seq. It
also follows DOT's Order 5610.C, Policies for Considering Environmental
Impacts, and FAA Order 1050.1E, Environmental Impact: Policies and
Procedures. Information in this Notice's ``Summary of Proposed
Changes'' section highlights the most substantial changes ARP is
proposing for Order 5050.4B.
DATES: ARP publishes this order for public review and comment. ARP is
providing a 60-day review period. Commenters must file their comments
at the following address by February 16, 2005. FAA intends to issue a
final version of Order 5050.4B by October 31, 2005.
ADDRESSES: Commenters must provide 3 copies of their comment letters.
Commenters must mail their letters to the Federal Aviation
Administration (FAA), Office of the Chief Counsel, Attn: Rules Docket
(AGC-200), Docket No. FAA-2004-19058, 800 Independence Ave., SW., Room
915-G, Washington, DC 20591. People wishing to review comments may do
so in Room 915-G at the above address, weekdays between 8:30 a.m. and 5
p.m., eastern time, except on Federal holidays.
Anyone seeking FAA's recognition of receipt of their comments must
send a self-addressed, stamped postcard with their comments. On the
postcard, print: ``Comments to Docket No. FAA-2004-19058.'' FAA will
date-stamp and return the postcard to the commenter.
FOR FURTHER INFORMATION CONTACT: Please contact Mr. Ed Melisky,
Environmental Specialist, Community and Environmental Needs Division
(APP-600), Office of Airport Planning and Programming, FAA, 800
Independence Avenue, SW., Washington, DC, 20591; telephone (202) 267-
5869.
SUPPLEMENTARY INFORMATION: The National Environmental Policy Act (NEPA)
and the regulations implementing it (40 CFR 1500-1508) provide Federal
agencies with instructions on protecting the quality of the human and
natural environment. The law and regulations require Federal agencies
to carefully evaluate and take into account the environmental effects
of their actions before the agencies make their decisions on proposed
actions having the potential to disturb the environment. Section 102(B)
of NEPA requires Federal agencies to develop procedures in consultation
with the President's Council on Environmental Quality (CEQ) to carry
out NEPA and CEQ's regulations for their specific activities.
Draft Order 5050.4B presents ARP's proposed revisions of the NEPA
instructions in Order 5050.4A, dated October 8, 1985. Readers may not
use
[[Page 75375]]
the draft to complete any NEPA process. They must continue to use FAA
Order 5050.4A, which is now incorporated into FAA Order 1050.1E
(paragraph 214. of Order 1050.1E). If conflicts between Orders 1050.1E
and 5050.4A arise, instructions in 1050.1E supersede those in 5050.4A,
except for instructions addressing internal FAA coordination and review
of environmental documents. In those cases, continue to use
instructions in FAA Order 5050.4A, paragraphs 63, 64, and 95.
On June 8, 2004, FAA's Office of Environment and Energy issued
FAA's revised, agency-wide, NEPA policies and procedures. FAA published
those new instructions in Order 1050.1E, which updated FAA instructions
last changed in October 1986. Order 1050.1E provides NEPA implementing
instructions for all FAA organizations.
ARP is publishing this Notice of Availability for Order 5050.4B to
inform the public it is supplementing instructions in 1050.1E. Although
FAA has issued agency-wide instructions, ARP has traditionally
published Order 5050 to provide detailed instructions for airport
actions. This ensures FAA's environmental reviewers and airport
sponsors have NEPA instructions for airport actions that comply with
Order 1050.1E. Readers wanting to know how other FAA organizations
address NEPA requirements for non-airport projects should see FAA Order
1050.1E.
Request for Comments: ARP believes the public and other
governmental agencies and organizations may be interested in the
proposed changes draft order 5050.4B contains. By this Notice, ARP
seeks comments on those changes. ARP requests that reviewers cite the
chapter, page, and line number(s) corresponding to the text to which
the comment applies. This will greatly facilitate ARP's review of
comments and ensure it applies the comment to the correct text on each
page. The following section summarizes the most substantial changes to
FAA Order 5050.4A.
Summary of Proposed Changes: Draft order 5050.4B, NEPA Implementing
Procedures for Airport Actions, presents proposed revisions to current
Order 5050.4A, Airports Environmental Handbook.
The draft order provides information on many issues (see the Table
of Contents), but the changes discussed here are the most important.
Reviewers should note that the order is re-organized and includes new
chapters, including one on Environmental Streamlining to address the
requirements of the Century of Aviation Re-Authorization Act of 2003
(``Vision 100'').
Change 1. Draft Order 5050.4B proposes deleting the summary of
requirements and procedures under special purpose environmental laws,
regulations, and executive orders found in Order 5050.4A, paragraphs
47.e.(1) thru (20) and 85.a. thru t. These paragraphs addressed various
laws, regulations, and orders protecting environmental resources such
as wetlands, Federally-listed endangered species, or historic
properties. ARP proposes deleting the portions of these paragraphs that
summarize requirements under other environmental review and
consultation requirements from the Order 5050.4B to focus that Order on
NEPA requirements. ARP is retaining from these paragraphs the impact
intensity factors used to identify the appropriate level of NEPA
review, as discussed below in Change 3. ARP will issue a separate
document entitled, An Environmental Desk Reference for Airport Actions
to ensure its staff and interested parties have information needed to
integrate and comply with Federal environmental laws, regulations, and
Executive Orders beyond NEPA's scope. ARP plans to provide the Desk
Reference to its environmental staff and anyone interested in that
information when it issues the final version of Order 5050.4B.
In proposing to focus Order 5050.4B on policies and procedures to
implement NEPA, ARP is adhering to the approach being used by other
Federal agencies. ARP's review of NEPA implementing instructions
published in the Federal Register during 2004 shows none of the six
Federal agencies publishing NEPA instructions included substantial
information about other Federal environmental laws, regulations, or
Executive Orders (e.g., Endangered Species Act, Section 106 of the
National Historic Preservation Act, etc.). ARP also is making this
change to address recommendations it received when FAA published Order
1050.1E for comment. Some commenters recommended that FAA delete
Appendix A of Order 1050.1E so that 1050.1E would only provide
implementing instructions for NEPA.
Finally, reviewers should note that ARP will continue to integrate
compliance with applicable environmental laws, regulations, and
Executive orders with the NEPA process as appropriate. ARP's proposal
to remove the summary of requirements under environmental laws and
regulations other than NEPA from Order 5050.4B is not intended to
reflect any lack of commitment to meet these requirements.
Change 2. Draft Order 5050.4B provides definitions for important
terms used during ARP's NEPA analysis for airport actions. Among other
definitions, the draft order modifies definitions for the terms
``approving FAA official'' and ``Federal actions.'' It also provides a
proposed definition for the term ``reasonably foreseeable.'' Paragraph
8.a. cites FAA Order 1100.154A, Delegation of Authority, dated June
1990, as it relates to the approving FAA official to note that various
environmental decisions may occur at different levels. Paragraph 8.d.
adds the authority to authorize airport sponsor requests to impose and
use Passenger Facility Charges. Readers should note that paragraph 8.k.
presents a proposed definition for the term, ``reasonably foreseeable''
to help ARP staff better understand future actions a cumulative impact
analysis should include.
Change 3. Paragraph 3.c. informs the reader that ARP proposes to
continue to use specific factors to determine the intensity of impacts
airport development projects or airport actions may cause and the
appropriate level of NEPA review, in addition to the significance
thresholds in FAA Order 1050.1E., Appendix A. ARP proposes to continue
to use these factors to supplement the thresholds in Order 1050.1E
because they reflect ARP experience concerning resource-specific
factors that should be considered for projects that involve large
amounts of ground disturbance. ARP believes continued use of these
supplemental factors will help ARP staff better determine impact
severity and the NEPA document needed to properly address those
impacts.
Change 4. Paragraph 5.d. informs the reader the draft document is
available at http://www.faa.gov/arp for anyone wishing to review an
electronic version.
Change 5. Paragraph 200.c. discusses how the final Order would
relate to FAA Order 1050.1E. It notes Order 5050.4B supplements Order
1050.1E by focusing on detailed information for airport development
projects and airport actions.
Change 6. Paragraph 200.d. informs the reader that Order 5050.4B
focuses on procedures to implement NEPA. ARP will issue a Desk
Reference for Airport Development Projects to provide ARP staff with
the instructions they need to comply with other Federal requirements.
Examples of those requirements include the Endangered Species Act,
Section 106 of the National Historic Preservation Act, and various
Executive Orders.
[[Page 75376]]
Change 7. Paragraph 302. discusses the importance of sponsors
meeting with FAA environmental specialists and airport planners when
developing proposed airport actions. This effort is intended to help
streamline the NEPA process. It should help the sponsor develop plans
very early in the project planning phase when the widest range of
alternatives is available to avoid, if possible, potentially
significant adverse effects on known, specially-protected environmental
resources (wetlands, floodplains, or historic properties, etc.). If
avoidance is not possible, this effort is intended to help the sponsor
design proposed actions to minimize impacts on those resources during
the preliminary design stage when the widest array of design options
exists.
Change 8. Paragraph 306.b. discusses the need to consult with
Native American and Alaska Natives according to FAA Order 1210.20,
American Indian and Alaska Native Tribal Consultation Policy and
Procedures, dated January 28, 2004.
Change 9. Paragraph 403.b. states the responsible FAA official may
categorically exclude only those actions on lists in FAA Orders 1050.1.
The public commented on those exclusions during the review period for
Order 1050.1E. Except for two categorical exclusions discussed in
Changes 17 and 18, Order 5050.4B (Chapter 4, Tables 1 and 2) presents
alphabetically-arranged annotations of the airport portions of the
categorical exclusions published in Order 1050.1E for reference. ARP
responsible FAA officials must cite FAA Order 1050.1E as the
``authorization'' for the categorical exclusion, not FAA Order 5050.4B.
To fulfill the commitment FAA made in the preamble for FAA Order
1050.1E, ARP has provided guidance to help define when passenger
handling facilities are not substantially larger than an existing one.
ARP proposes using the Noise Equivalent Model (NEM) and information
from Section 2.1 of the FAA's Addendum to FAA's Air Quality and
Procedures for Civilian Airports & Air Force Bases handbook as
screening tools to help make this determination. If a proposed action
would not trigger levels stated in the NEM or in Section 2.1, it is
unlikely the terminal expansion would cause significant noise or air
quality problems. Of course, the responsible FAA official must also
examine other extraordinary circumstances to ensure the expansion does
not significantly affect other environmental resources.
Change 10. Paragraph 403.c. explains the process that would occur
if updates to the categorical exclusion lists are needed. If ARP
experience suggests that other airport actions may qualify as
categorical exclusions, it will propose those actions to FAA's Office
of Environment and Energy (AEE). AEE, which is responsible for FAA's
agency-wide NEPA instructions, would complete the process needed to
determine if changes to FAA's categorical exclusion lists are
warranted. If AEE, after public review, determines changes to the
categorical exclusion lists in FAA Order 1050.1E are warranted, it will
revise that order to include the new actions.
Change 11. Paragraph 403.e. notes that some categorically excluded
actions rarely involve extraordinary circumstances. Table 1 of this
paragraph alphabetically lists those actions, provides an annotation
for the action as it relates to airports, and the paragraph(s) from FAA
Order 1050.E authorizing the actions as categorical exclusions.
Change 12. Paragraph 403.f. identifies categorical exclusions for
other airport actions. Table 2 of this paragraph alphabetically lists
those actions, provides an annotation for the action as it relates to
airports, and the paragraph(s) from FAA Order 1050.E authorizing the
actions as categorical exclusions.
Change 13. Readers should note that Chapter 4, Table 2, action 13
presents a modification of categorical exclusions in FAA Order 1050.1E,
paragraphs 309g., 310f., 310n., and 310u. The modification addresses
proposed projects involving low emission technology equipment,
including the Voluntary Airport Low Emission Program. ARP believes the
cited paragraphs from FAA Order 1050.1E supports this change because
these projects normally benefit air quality by reducing air quality
emissions. As a result, they would qualify for a categorical exclusion
because they do not normally cause significant environmental effects
under NEPA (see 40 CFR 1058.4).
Change 14. The last entry in Chapter 4, Table 2 presents a proposed
modification of the categorical exclusion in FAA Order 1050.1E,
paragraph 310k. The modification addresses a categorically excluded
action affecting waters or wetlands not under Corps of Engineers
jurisdiction (``non-jurisdictional waters''). ARP believes this
categorical exclusion is warranted because it includes only those
actions whose design would meet the same standards as those that would
be authorized under the Corps of Engineers' National Permit Program
(NWP), had the project location been under the Corps' jurisdiction. By
definition, projects qualifying for the NWP do not normally cause
significant environmental impacts. Therefore, they meet CEQ's
definition of a ``categorically excluded action'' (see 40 CFR 1508.4).
ARP wishes to include this categorical exclusion to respond to numerous
questions on how to address airport development projects and actions
affecting non-jurisdictional waters for NEPA purposes.
Change 15. Paragraph 403.g. provides information on categorically
excluding an airport development project or airport action involving a
``special-purpose Federal environmental law.'' If the action meets both
of the specific requirements in paragraphs 403.g.(1)(a) and (b), FAA
may be able to categorically exclude those actions. A footnote to the
paragraph lists those ``special purpose environmental laws'' to which
this categorical exclusion may apply.
Change 16. For efficiency and user reference, paragraph 403.g.
includes Table 3. The table alphabetically lists and annotates
extraordinary circumstances that FAA Order 1050.1E, paragraph 304
presents. Note that ARP is proposing a footnote to this table defining
the terms, ``dividing'' and ``disruption'' of communities. ARP presents
this proposed definition to address numerous questions it receives on
these somewhat ambiguous terms as they relate to coounities airport
projects may affect.
Change 17. Paragraph 404. recommends that the responsible FAA
official inform the airport sponsor via documentation (via memo, or e-
mail) that FAA has categorically excluded an airport development
project or airport action. ARP includes this instruction to facilitate
greater awareness on the airport sponsor's part about how FAA has
complied with the NEPA for their particular airport projects.
Change 18. Paragraph 405. expands the list of airport actions
normally requiring an environmental assessment (EA). ARP proposes to
revise the list in FAA Order 5050.4A, paragraph 22 to answer many
questions about certain airport development projects and airport
actions it has received since publishing Order 5050.4A in 1985.
Change 19. Paragraph 407. discusses some updated information on
cumulative impacts and airport actions to highlight this important part
of NEPA analysis. It discusses how to consider past, present, and
reasonably foreseeable actions when establishing a scope of work for
analyzing cumulative impacts.
[[Page 75377]]
Change 20. Paragraphs 408.a.(1) through (20) discuss various
intensity factors ARP proposes to continue to use to supplement the
significance thresholds in FAA Order 1050.1E, Appendix 1. ARP believes
this guidance is helpful due to the amount of disturbance airport
development often causes. ARP believes these factors are necessary to
aid its staff in effectively determining whether an EA or an
environmental impact statement (EIS) is the proper NEPA document for a
proposed airport development project or an airport action.
Change 21. Paragraph 502, 503, and 504 provide detailed policies
and procedures for the FAA's State Block Grant Program (SBGP).
Paragraph 502 discusses the participants in the SBGP (paragraph
502.c.), and the responsibilities SBGP participants must fulfill for
non-primary airports (paragraph 502.b.). These duties include include
all environmental requirements FAA would normally fulfill for approval
of funding under the AIP paragraph 503). FAA's issuance of state block
grant funds normally qualifies for a categorical exclusion. (see FAA
Order 1050.1E, paragraph 307.o). The paragraph notes FAA does not have
funding and approval authority for projects funded under the SBGP, so
awarding grants for actions through the SBGP to individual airports is
not a ``Federal action.'' For policy reasons, FAA contractually
requires that SBGP states fulfill those environmental duties. This
ensures that those states properly evaluate and take into account the
potential environmental impacts resulting from specified airport
development projects before deciding to fund those projects under the
SBGP. Paragraphs 502.e. and 504 discuss those actions outside the SBGP
for which FAA retains authority and, therefore, remains responsible for
complying with NEPA and other applicable environmental laws. These
paragraphs provide the detailed guidance promised in the preamble to
FAA Order 1050.1E in response to comments concerning the state block
grant program.
Change 22. Paragraph 505b.(3) limits conditional approvals for
airport layout plans (ALPs) when a sponsor or its consultant is
preparing an QEA or FAA is preparing an EIS for actions at an airport.
FAA limits such approvals to avoid the appearance that FAA is taking an
action prematurely before it completes its required NEPA process. This
limitation does not prevent FAA from conducting or issuing air space
determinations to airport sponsors.
Change 23. Paragraphs 505.e.(1) and (2) provide suggested language
for conditional and unconditional approval letters, respectively.
Change 24. Paragraph 508. discusses FAA's roles and
responsibilities under NEPA when an airport sponsor wishes to
participate in a joint-use program or program to convert a military
airfield to civilian use program. Here, the sponsor may wish to share
use of an airport with the military or convert an excess military base
to a public-use airport. In these instances, FAA normally will be a
cooperating agency for NEPA purposes.
Change 25. Paragraph 511. provides instructions to the responsible
FAA official on complying with Executive Order 12114, Environmental
Effects Abroad of Major Federal Actions. The official must meet the
Executive Order's requirements if NEPA analysis shows an airport action
would cause a significant impact in a foreign land.
Change 26. Paragraph 512. provides more information on complying
with Executive Order 13175, Consultation and Coordination with Indian
Tribal Governments. The paragraph discusses the need for government-to-
government meetings when a project may involve or affect Federally-
recognized tribes, their trust resources, or other rights. The
paragraph also notes FAA personnel must follow FAA Order 1210.20,
American Indian and Alaska Native Tribal Consultation Policy and
Procedures when addressing issues with these tribes.
Change 27. Paragraph 513. clarifies that NEPA applies to FAA
approval of wildlife hazard management plans under 14 CFR 139.337, when
and to the extent that FAA has discretion about methods and procedures
to minimize environmental effects, while still assuring aircraft
safety. When FAA lacks such discretion, there is no Federal action and
NEPA does not apply. ARP includes this information to address the
numerous questions it has received on approvals for these plans, which
are important to airport operations.
Change 28. Paragraphs 600. and 602. inform the responsible FAA
official that documentation for categorically excluded actions is not
needed for NEPA purposes. However, documentation is necessary to
demonstrate compliance with ``special purpose'' environmental laws and
to support the determination that such compliance demonstrates that
there are no extraordinary circumstances warranting preparation of an
EA.
Change 29. Paragraph 601.b. suggests that the airport sponsor
seeking FAA action to support for an airport project provide certain
information to assist the responsible FAA official in determining
whether the action qualifies for categorical exclusion. Accurate,
complete information will improve the efficiency and effectiveness of
the responsible FAA official's review of potential categorically
excluded actions.
Change 30. Paragraph 603. restates the recommendation in paragraph
404. that the responsible FAA official inform the airport sponsor when
FAA has determined a proposed action qualifies for a categorical
exclusion.
Change 31. Paragraph 704. discusses a suggested format for an EA
and for use of references. Using this format should enhance document
content and ensure the necessary interdisciplinary analyses has
occurred and is documented.
Change 32. Paragraph 705. discusses public review of an EA and the
timing of an airport sponsor's submittal of the EA to FAA.
Change 33. Paragraph 706. contains guidance for preparing a written
re-evaluation of and supplement to an EA to comply with FAA Order
1050.1E, paragraph 411.
Change 34. Paragraph 801. discusses the continued use of impact
intensity factors for EAs as established in Order 5050.4A. (See
discussions for Changes 1, 3, and 20 for more information.).
Change 35. Paragraph 803. provides instructions to the responsible
FAA official for an EA when the approving FAA official selects a
preferred alternative that differs from the airport sponsor's proposed
action.
Change 36. Paragraphs 804.a.-c. discuss coordinating FONSI reviews
within FAA. Paragraph 804.a. notes when the Regional Administrator must
sign the FONSI. Paragraph 804.b. provides instructions for seeking
legal sufficiency review for a proposed FONSI. Paragraph 804.c. notes
that ARP's Community and Environmental Needs Division (APP-600) is
available to review FONSIs on request.
Change 37. Paragraph 806. provides information the responsible FAA
official may consider when determining if a Record of Decision for a
FONSI (``FONSI-ROD'') is needed. A FONSI-ROD is a decision document and
order subject to the exclusive review by U.S. Circuit Courts of Appeal.
Change 38. Paragraph 809. directs the responsible FAA official to
include mitigation a FONSI contains in a grant assurance or
unconditional letter of approval for the airport layout plan. The
paragraph also recommends that the official to track the sponsor's
compliance with the mitigation by using an Environmental Management
System.
Change 39. Paragraphs 902. and 903. provide more detailed
information on the scoping process than Order 5050.4A.
[[Page 75378]]
Change 40. Paragraph 905. provides information on the Notice of
Intent to Prepare an EIS (NOI). The paragraph also discusses the NOI's
content and its publication in the Federal Register relative to the
start of Scoping. Paragraph 905.c., provides information on notifying
the public if the responsible FAA official determines that an EIS is
not needed after FAA issues an NOI. ARP provides this information to
address many questions it has received on this topic. After
anticipating significant impacts during the scoping process, ARP has
occasionally found that an EIS was not needed because impact analyses
showed a proposed airport development action would not cause
significant impacts.
Change 41. Paragraph 906. provides expanded information on the
responsible FAA official's duties during the scoping process. ARP
includes this information to highlight the varied roles the official
must fulfill during this stage of EIS preparation. Paragraph 906.b.
states that the responsible FAA official must invite agencies having
permitting or approval authorities to be cooperating agencies during
EIS preparation. It may also help to improve the efficiency of the
environmental review process. Paragraph 906.j. highlights the need for
cooperating agencies to provide important information during scoping.
Change 42. Paragraph 908. states that FAA's may be a cooperating
agency In special situations addressing airport actions, FAA normally
fulfills this role for projects involving military base joint-use or
re-use or conveyance of Federally-owned land for airport purposes.
Change 43. Paragraph 909. discusses using the scoping process in
preparing an EA. Although this process is not mandatory for EA
preparation, the Process may help the sponsor or its consultant prepare
a thorough EA. sponsors may find scoping useful particularly for an
action that may be highly controversial or assessing many environmental
impacts (e.g., ``special purpose laws'').
Change 44. Paragraph 1003. clarifies FAA, airport sponsors, and
environmental consultant roles during FAA's EIS preparation. It
reflects policy and procedures FAA has adopted for EIS preparation in
response to Citizens against Burlington v. FAA, 938 F2d 190 DC Cir.
1991. The paragraph notes that FAA decides EIS content, even through
the airport sponsor may pay the environmental consultant costs for EIS
preparation and a Third Party MOU. The Order provides a sample
Disclosure statement (Appendix 2, Attachment A) environmental
consultants must sign to be part of EIS preparation. It also includes
examples of Memoranda of Understanding defining the roles of FAA,
airport sponsor and environmental consultant personnel during EIS
preparation (Appendix 2, Attachments B and C).
Change 45. Paragraph 1004. provides more detailed guidance
concerning limitations on sponsor activities during EIS preparation.
ARP provides this to alert users of the Order about the requirements in
40 CFR 1506.1 (Limitations on actions during the NEPA process) and to
address questions ARP has received on this topic.
Change 46. Paragraph 1005. provides instructions for adopting
another Federal agency's EIS to streamline (i.e., improve efficiency)
NEPA and reduce paperwork.
Change 47. Paragraph 1007. provides re-organized and updated
information on EIS format and content to more closely track information
in FAA Order 1050.1E. The paragraph also includes information from the
best practices ARP has found important in preparing EISs. Paragraphs
1007.m and n. discuss how to use appendices and references to reduce
the bulk in an EIS's main body. This effort promotes CEQ's intent to
keep EISs to manageable sizes.
Change 48. Paragraph 1101. provides added guidance for distributing
DEISs for public and inter-agency reviews. Various paragraphs give
addresses for the headquarters' offices of the Federal department that
review DEISs. They also provide the number of DEIS copies to send to
those departments. Paragraph 1101.b.(4)(c) provides standard language
certifying that FAA has issued DEISs to the public at the same time or
before it filed the documents with the U.S. Environmental Protection
Agency (EPA).
Change 49. Paragraph 1104. provides instructions for re-circulating
DEISs. ARP provides this information to answer questions it has
received on this topic.
Change 50. Paragraph 1202. notes that CEQ requires that the final
EIS (FEIS) must identify the agency's preferred alternative, unless a
law prohibits FAA from doing so. This is to clarify that FEISs must
contain this information, if FAA has not selected its preferred
alternative when it prepared the DEIS. FAA Order 5050.4A noted, but did
not highlight, this requirement of 40 CFR 1502.14(e).
Change 51. Paragraph 1203.b.(2) requires the responsible FAA
official to ensure the FEIS contains evidence that an airport sponsor
has certified that the airport management board has voting
representation from the communities where a new airport location, a
runway, or major runway extension is proposed. Alternatively, the
paragraph also notes the sponsor must advise these communities that
they may petition the Secretary of Transportation about a proposed
project. FAA includes this change to meet the requirements of 49 U.S.C.
47106(c)(1)(A)(ii).
Change 52. Paragraph 1203.b.(3) directs the responsible FAA
official to ensure the sponsor has made available and provided an
existing metropolitan planning organization in the area where the
project is located a copy of: a proposed ALP amendment depicting a
proposed project at a medium or large hub airport and the master plan
describing or depicting that project. ARP includes this assurance to
meet the requirements of 49 U.S.C. 47106(c)(1)(A)(iii).
Change 53. Paragraph 1203.e. discusses the need for the FEIS to
include evidence support necessary determination regarding impacts to
jurisdictional and non-jurisdictional waters and wetlands. ARP includes
information on non-jurisdictional wetlands to address many questions it
has received about environmental review of impacts to these resources.
Many people believe ARP need not address impacts or provide assurances
for waters or wetlands not under U.S. Army Corps of Engineers
jurisdiction. ARP notes analyses of impacts to all wetlands are needed
to comply with NEPA and other laws and Executive Order 11990,
Protection of Wetlands, and DOT Order 5660.1A, Preservation of the
Nation's Wetlands.
Change 54. Paragraph 1203.g. discusses the need for the FEIS to
include evidence to support determinations in any ROD for proposed
actions that affect areas inside and outside the coastal zone area, if
project impacts affect coastal zone resources. ARP includes this
information to address Coastal Zone Management Act (CZM Act)
amendments. Among other things, these requirements address impacts to
coastal zone resources, even if a project occurs outside CZM
boundaries.
Change 55. Paragraphs 1203.g.(1) and (2) discuss the evidence that
must be included in the FEIS to support determinations in a ROD
regarding Subparts D and C of 15 CFR, Part 930 (regulations
implementing the CZM Act). Paragraph 1203.g.(1) provides consistency
requirement information for a project FAA approves, such as a sponsor's
request for FAA approval of an ALP change. Paragraph 1203.g.(2)
provides consistency information for projects FAA itself undertakes,
such as
[[Page 75379]]
installing a NAVAID in the coastal zone. ARP includes this information
to highlight the different CZM Act requirements that may apply to an
ARP action.
Change 56. Paragraph 1204.a. discusses the various approval levels
ARP follows to meet FAA Order 1100.154A, Delegation of Authority, dated
June 12, 1990. The Order delegates approval authority for certain
airport projects from the FAA Administrator to the Associate
Administrator for Airports (ARP-1). ARP-1 may further delegate that
authority, per Order 1100.154A, as paragraph 1204.a. explains.
Change 57. Paragraphs 1205.d., e., and f. provide updated
information on the number of copies of the FEIS the responsible FAA
official must send to the U.S. EPA (EPA) regional office reviewing an
ARP project and to EPA and the Department of the Interior headquarters.
Change 58. Paragraph 1206. discusses more detailed information
concerning the process for referring EISs to CEQ under 40 CFR 1504. ARP
includes this information to ensure personnel knew about this little
used, but important CEQ NEPA regulation.
Change 59. Paragraph 1301.g. requires FAA to ensure the agency and
the airport sponsor complete required mitigation. The paragraph
suggests using an Environmental Management System (EMS) to track
mitigation compliance. ARP includes EMS tracking to comply with EO
13148, Greening the Government Through Leadership in Environmental
Management.
Change 60. Chapter 14 provides guidance on the longevity of EAs and
EISs, supplementing those documents, written re-evalautions, and
tiering. It also notes that FAA is applying the same standards it uses
for EISs to EAs. The paragraph also notes that the responsible FAA
official may use his or her best professional judgment when determining
the need for a written re-evaluation. ARP provides that information to
address questions about EA longevity and to comply with FAA Order
1050.1E, paragraphs 410 and 411. ARP agrees that accurate EAs and EISs
are needed to ensure approving FAA officials have the best available
information when making decisions on proposed airport development
projects and airport actions.
Change 61. Paragraph 1404. provides instructions on applying NEPA
to emergency situations. ARP includes this information to ensure order
users are aware of this requirement.
Chapter 62. Chapter 15 provides information on streamlining the EIS
process for certain airport projects. This information addresses
requirements of Century of Aviation Reauthorization Act also known as
``Vision-100.'' Among other things, Vision-100 requires streamlining
the environmental process for airport capacity projects at congested
airports. These are airports that account for at least 1% of all
delayed aircraft operations in the nation. Vision 100 also applies to
airport safety and airport security projects throughout the nation,
regardless of their delay status.
Change 63. Appendix 1 includes updated flowcharts on completing the
NEPA processes for categorical exclusions, EAs, FONSIs, EISs, and RODs.
Change 64. Appendix 2 includes information on the third-party
contracting process FAA uses to select contractors to help the agency
prepare EISs, as explained in Change 44. It also includes a sample
Disclosure Statement and two types of Memoranda of Understanding
describing the respective duties of FAA, the airport sponsor, and the
FAA-selected consultant.
Change 65. Appendix 3 provides an example of a ``short-form'' EA.
ARP provides this as one example of how to prepare an EA that meets
CEQ's recommended length for an EA (i.e., maximum of 15 pages).
ARP encourages full public participation during this comment
period. ARP will consider filed comments on the draft order as it
prepares the final Order 5050.4B.
Dated: December 13, 2004.
Dennis E. Roberts,
Director, Office of Airports Planning and Programming.
[FR Doc. 04-27598 Filed 12-15-04; 8:45 am]
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