National Environmental Policy Act (NEPA) Implementing Instructions for Airport Actions, 25279-25281 [06-4036]
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Federal Register / Vol. 71, No. 82 / Friday, April 28, 2006 / Notices
available for inspection and copying in
the Commission’s Public Reference
Room. Copies of the filing also will be
available for inspection and copying at
the principal office of the Exchange. All
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
you wish to make available publicly. All
submissions should refer to File
Number SR–PCX–2005–122 and should
be submitted on or before May 19, 2006.
V. Conclusion
It is therefore ordered, pursuant to
section 19(b)(2) of the Act,22 that the
proposed rule change (File No. SR–
PCX–2005–122), as amended by
Amendment Nos. 1 and 2, is approved
on an accelerated basis.
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.23
Nancy M. Morris,
Secretary.
[FR Doc. E6–6413 Filed 4–27–06; 8:45 am]
BILLING CODE 8010–01–P
TENNESSEE VALLEY AUTHORITY
The meeting will be held on
Wednesday, May 10, 2006, from 8 a.m.
to 4 p.m. and on Thursday, May 11,
2006, from 8 a.m. to 12:15 p.m. Eastern
daylight Time.
DATES:
Meeting of the Regional Resource
Stewardship Council
Tennessee Valley Authority
(TVA).
ACTION: Notice of meeting.
jlentini on PROD1PC65 with NOTICES
AGENCY:
23 17
The meeting will be held in
the auditorium at the Tennessee Valley
Authority headquarters, 400 West
Summit Hill Drive, Knoxville,
Tennessee 37902, and will be open to
the public. Anyone needing special
access or accommodations should let
the contact below know at least a week
in advance.
ADDRESSES:
SUMMARY: TVA will convene a meeting
of the Regional Resource Stewardship
Council (Regional Council) to obtain
views and advice on the topic of TVA’s
stewardship program infrastructure and
emergency preparedness and
coordination programs. Under the TV
Act, TVA is charged with the proper use
and conservation of natural resources
for the purpose of fostering the orderly
and proper physical, economic and
social development of the Tennessee
Valley region. The Regional Council was
established to advise TVA on its natural
resource stewardship activities. Notice
of this meeting is given under the
Federal Advisory Committee Act, 5
U.S.C. App. 2, (FACA).
The meeting agenda includes the
following:
(1) Update on TVA Board governance.
(2) TVA Stewardship infrastructure.
30 TVA emergency preparedness and
external coordination.
(3) Current issues, including Bear
Creek Dam.
22 15
(4) Public comments.
(5) Council discussion and advice.
The Regional Council will hear
opinions and views of citizens by
providing a public comment session.
The public comment session will be
held from 9:30 a.m. to 10:30 a.m. EDT
on Thursday, May 11, 2006. Citizens
who wish to express views and opinions
on the topic of TVA’s recreation strategy
may do so during the Public Comment
portion of the agenda. Public Comments
participation is available on a Comment
portion of the agenda. Public Comments
participation is available on a firstcome, first-served basis. Speakers
addressing the Regional Council are
requested to limit their remarks to no
more than 5 minutes. Persons wishing
to speak are requested to register at the
door and are then called on by the
Regional Council Chair during the
public comment period. Handout
materials should be limited to one
printed page. Written comments are also
invited and may be mailed to the
Regional Resource Stewardship Council,
Tennessee Valley Authority, 400 West
Summit Hill Drive, WT 11A, Knoxville,
Tennessee 37902.
FOR FURTHER INFORMATION CONTACT:
Sandra L. Hill, 400 West Summit Hill
Drive, WT 11A, Knoxville, Tennessee
37902, (865) 632–2333.
Dated: April 17, 2006.
Kathryn J. Jackson,
Executive Vice President, River System
Operations & Environment, Tennessee Valley
Authority.
[FR Doc. 06–4020 Filed 4–27–06; 8:45 am]
BILLING CODE 8120–08–M
U.S.C. 78s(b)(2).
CFR 200.30–3(a)(12).
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25279
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2004–19058; FAA Order
5050.4B]
National Environmental Policy Act
(NEPA) Implementing Instructions for
Airport Actions
Federal Aviation
Administration, DOT.
ACTION: Notice of availability of Order
5050.4B and its preamble.
AGENCY:
SUMMARY: The Federal Aviation
Administration’s Office of Airports
(ARP) has updated and revised its
instructions for implementing the
National Environmental Policy Act
(NEPA) for airport actions. ARP is
replacing Order 5050.4A, Airport
Environmental Handbook with the
updated and revised instructions in
Order 5050.4B, National Environmental
Policy Act (NEPA) Implementing
Instructions for Airport Actions. This
Notice announces the availability of
Order 5050.4B and its Preamble. The
documents are available at ARP’s Web
site https://www.faa.gov/
airports_airtraffic/airports.
Although APR is presenting the
Preamble on its Web site, it is not
including the text of that document in
this Notice. ARP expects to publish the
text in the Federal Register within the
next 10 days. This delay is due to
publication procedures associated with
the extensively detailed Preamble.
DATES: Effective Date: Order 5050.4B is
effective on April 28, 2006.
FOR FURTHER INFORMATION CONTACT: Mr.
Ed Melisky, FAA Office of Airports,
Environmental and Planning Division,
FAA, 800 Independence Avenue, SW.,
Washington, DC 20591; telephone (202)
267–5869. His e-mail address is:
edward.melisky@faa.gov.
Distribution: ARP is distributing this
Order to ARP personnel and other
interested parties by electronic means
only. As noted earlier, ARP is also
distributing the Preamble electronically,
but it will publish the text of that
document in the Federal Register.
Anyone without access to the internet
may obtain a compact disk (CD)
containing the Order and Preamble.
Please make that request to the Federal
Aviation Administration, Office of
Airport Planning and Programming
(APP–1), 800 Independence Avenue,
SW., Washington, DC, 20591. Those
unable to use an electronic version of
the Order, may obtain a photocopy of
the Order by contacting FAA’s
rulemaking docket at: Federal Aviation
Administration, Office of Chief Council,
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25280
Federal Register / Vol. 71, No. 82 / Friday, April 28, 2006 / Notices
Attn: Rules Docket (AGC–200)—Docket
No. FAA–2004–19058, 800
Independence Avenue, SW.,
Washington, DC, 20591. Those wanting
hard copy versions of the Preamble may
obtain them by visiting local libraries or
other locations where the Federal
Register is available.
SUPPLEMENTARY INFORMATION: ARP
published draft Order 5050.4B for
public review and comment in the
December 16, 2004, Federal Register
(Vol. 69, No. 241, p. 75374). The final
Order issued today includes changes
that respond to many of the comments
on the draft Order and other changes
ARP deemed necessary since publishing
the draft Order. Order 5050.4B
supplements and is consistent with the
agency-wide protocol that FAA issued
in Order 1050.1E, Environmental
Impacts, Policies and Procedures on
June 8, 2004, (69 FR 33777) and FAA’s
recent update to that Order (Change 1 to
Order 1050.1E, 71 FR 15249, March 27,
2006.).
The following paragraphs summarize
the most major changes presented in
final order 5050.4B. The Preamble
provides much more information on
these and other changes.
a. ARP has deleted the summary of
requirements and procedures under
special purpose environmental laws,
regulations, and executive orders
outside NEPA (‘‘special purpose laws’’).
To provide this information and how it
relates to airport actions, ARP is
preparing and will publish An
Environmental Desk Reference for
Airport Actions (Desk Reference). The
Desk Reference will provide ARP staff
and interested parties with information
on those special purpose laws and
further information on integrating those
requirements with NEPA. Until ARP
issues the Desk Reference, its personnel
and other interested parties should use
Appendix A of Order 1050.1E for
guidance. Readers should note that
Order 5050.4B, Table 7–1, retains
information from paragraphs 47.e and
85.a–t of Order 5050.4A that ARP
personnel and other practitioners have
found helpful in determining impact
intensity and the appropriate level of
NEPA review.
b. Paragraph 202.c of the final Order
discusses various ALP approval options.
Particularly, paragraph 202.c(4) notes
the approving FAA official may not
conditionally approve an ALP depicting
a new airport, a new runway, or a major
runway extension, when an EA or EIS
is being prepared for any of these
facilities and actions connected to them.
Instead, the approving FAA official may
unconditionally approve an ALP
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depicting those facilities and their
connected actions only if FAA has
issued a FONSI or ROD that is based on
an EA or EIS, respectively, that
addresses those airport actions.
c. ARP has revised paragraph 513 in
the draft Order (now paragraph 209 of
the final Order). Paragraph 209
distinguishes between: (1) FAA grant
funding for development of wildlife
hazard management plans (WHMPs)
and FAA approvals of those plans based
on safety factors; and (2) subsequent
FAA actions to support implementation
of measures in FAA-approved WHMPs.
Now, the instructions for FAA NEPA
reviews associated with wildlife
WHMPs are similar to the instructions
for FAA NEPA reviews of airport noise
compatibility plans (NCPs). Paragraph
303.b of draft Order 5050.4B noted that
the issuance of an AIP grant for an NCP
is categorically excluded under
paragraph 307n of Order 1050.1E.
Paragraph 209a of final Order 5050.4B
clarifies that the grant to fund the
development of a WHMP or the
approval of that plan normally qualifies
for categorical exclusion under Order
1050.1E paragraph 308e. Paragraph
209.b final Order 5050.4B states that
airport layout plan approvals and/or
approvals of grants for Federal funding
to carry out measures in FAA-approved
WHMPs: (1) May qualify for categorical
exclusion; or (2) may require
preparation of an environmental
assessment or an environmental impact
statement.
d. Paragraphs 210 through 214 of final
Order 5050.4B provide detailed policies
and procedures for FAA’s State Block
Grant Program (SBGP). ARP presents
this detailed guidance to fulfill a
commitment FAA made in the Preamble
to Order 1050.1E.
e. Chapter 5 of final Order 5050.4B
presents information to better integrate
airport planning and the NEPA process.
Overall, the chapter discusses key
planning steps that help FAA and
airport sponsors meet their
responsibilities and that may help to
streamline the planning and NEPA
processes. This interdisciplinary
coordination is not intended to be a
substitute for the NEPA process.
Instead, it will facilitate FAA’s
subsequent evaluation of an airport
plan’s environmental effects during the
NEPA process.
f. Chapter 7 of final Order 5050.4B
includes information about
environmental assessments (EAs) in one
chapter. Paragraph 405 of the draft
Order expanded the list of airport
actions normally requiring EAs. ARP
prepared that list to respond to a
number of questions about a variety of
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actions that Order 5050.4A, paragraph
22 (Actions normally requiring an EA)
did not address. Paragraphs 702.a–i of
the final Order present the list of actions
noted in paragraph 405 of draft Order
5050.4B. However, readers should note
that ARP has added paragraph 702.j
(‘‘Other circumstances’’) to the list in
the final Order. That paragraph states
the responsible FAA official should
consider the need for an EA in
circumstances not mentioned in
paragraphs 702.a–i of final Order
5050.4B. This is particularly so when
controversy exists because the proposed
action involves a special purpose law.
g. Chapter 9 of the final Order
5050.4B provides updated information
on EISs. Paragraph 902.c encourages
responsible FAA officials to consult
with interested parties and involved
FAA organizations to establish
schedules for preparing EISs. The
paragraph notes that FAA officials must
establish EIS schedules when requested
by the airport sponsor. However,
practitioners should note even the most
thoughtfully developed schedule is
subject to events beyond FAA’s control
that may affect the projected schedule.
Paragraph 904.b states that FAA will
begin the EIS process as soon as
possible after the airport sponsor
presents FAA with a proposal. In
determining if a proposal exists, FAA
will consider whether sufficient airport
planning data and information are
available to meaningfully evaluate
environmental effects of the proposal
and its reasonable alternatives.
h. Paragraph 1004 of final Order
5050.4B discusses limitations on FAA
and airport sponsor activities during the
EIS process. Paragraph 1004.a discusses
limits on airport sponsor or FAA
activities that would cause adverse
effects or limit alternatives during the
NEPA process. Paragraph 1004.c
discusses FAA concerns about
exceeding ARP’s recommended ‘‘25%
design limit.’’ However, ARP recognizes
that an airport sponsor may need to
develop plans or designs beyond that
limit. Here, an airport sponsor may need
more complete design plans to support
an application for Federal, State, or
local permits or assistance (40 CFR
1506.1(d)). In these cases, designs
beyond the ‘‘25% design limit’’ may
help to streamline the NEPA process by
integrating other environmental review
requirements and NEPA. They also may
help to reduce paperwork (40 CFR
1500.4(k)) and eliminate duplicating
State and local procedures (40 CFR
1500.4(n)).
i. Paragraph 1007.e(4)(b) of final
Order 5050.4B provides the criteria the
responsible FAA official must consider
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Federal Register / Vol. 71, No. 82 / Friday, April 28, 2006 / Notices
when determining the ‘‘prudence’’ of an
alternative per 49 USC 47106.(c)(1)(B).
This section requires the Secretary of
Transportation to consider a ‘‘possible
and prudent alternative’’ when
considering a grant application for a
project involving a new airport, a new
runway, or a major runway extension
having significant adverse effects.
Although criteria in paragraph
1007.e(4)(b) apply to decisions for
actions involving Section 4(f) resources,
FAA is using the definition of
‘‘prudent’’ for major airport projects to
aid its staff determine when an
alternative is ‘‘prudent.’’ FAA worked
with the Federal Highway
Administration (FHWA) on the
definition as presented in FHWA’s
March 2005 Section 4(f) guidance 1
believes it is appropriate for FAA
actions.
j. Paragraphs 708.g(4) and 1301.g
recommend that responsible FAA
officials use an Environmental
Management System (EMS) to ensure
the agency and the airport sponsor
complete required mitigation. This
effort promotes the instructions in
Executive Order 13148, Greening the
Government Through Leadership in
Environmental Management.
k. Chapter 15 provides information on
streamlining the EIS process for certain
airport projects to address requirements
in Vision 100—The Century of Aviation
Reauthorization Act (Vision 100).
Among other things, Vision 100 requires
streamlining the environmental process
for airport capacity projects at congested
airports. These are airports that account
for at least 1% of all delayed aircraft
operations in the Nation. Vision 100
also applies to airport safety and airport
security projects throughout the Nation,
regardless of their congestion levels.
l. ARP has deleted paragraph 407 in
the draft Order addressing cumulative
impacts. More extensive information on
cumulative impacts now appears in
paragraph 1007.i of the final Order. ARP
will provide more detail on this topic in
the Desk Reference.
m. ARP has also deleted an example
of a ‘‘third party’’ Memorandum of
Understanding and the ‘‘short-form’’
environmental assessment that were
included as Appendices 2 and 3 of draft
Order 5050.4B. ARP will place these
examples and other information that
ARP has found helpful in the Desk
Reference.
1 https://environment.fhwa.gov/dot/projdev/
4fpolicy.asp.
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17:14 Apr 27, 2006
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Dated: April 25, 2006.
Dennis E. Roberts,
Director, Office of Airport Planning and
Programming, APP–1.
[FR Doc. 06–4036 Filed 4–25–06; 4:26 pm]
BILLING CODE 4910–13–M
DEPARTMENT OF THE TREASURY
Office of Thrift Supervision
Proposed Agency Information
Collection Activities; Comment
Request—Fiduciary Powers of Federal
Savings Associations
Office of Thrift Supervision
(OTS), Treasury.
ACTION: Notice and request for comment.
AGENCY:
SUMMARY: The Department of the
Treasury, as part of its continuing effort
to reduce paperwork and respondent
burden, invites the general public and
other Federal agencies to comment on
proposed and continuing information
collections, as required by the
Paperwork Reduction Act of 1995, 44
U.S.C. 3507. The Office of Thrift
Supervision within the Department of
the Treasury will submit the proposed
information collection requirement
described below to the Office of
Management and Budget (OMB) for
review, as required by the Paperwork
Reduction Act. Today, OTS is soliciting
public comments on its proposal to
revise this information collection.
DATES: Submit written comments on or
before June 27, 2006.
ADDRESSES: Send comments, referring to
the collection by title of the proposal or
by OMB approval number, to
Information Collection Comments, Chief
Counsel’s Office, Office of Thrift
Supervision, 1700 G Street, NW.,
Washington, DC 20552; send a facsimile
transmission to (202) 906–6518; or send
an e-mail to
infocollection.comments@ots.treas.gov.
OTS will post comments and the related
index on the OTS Internet Site at
www.ots.treas.gov. In addition,
interested persons may inspect
comments at the Public Reading Room,
1700 G Street, NW., by appointment. To
make an appointment, call (202) 906–
5922, send an e-mail to
public.info@ots.treas.gov, or send a
facsimile transmission to (202) 906–
7755.
You
can request additional information
about this proposed information
collection revision from John R.
Rudolph, Trust Policy Specialist, Office
of Thrift Supervision, 1700 G Street,
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00149
Fmt 4703
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25281
NW., Washington, DC 20552; send an email to john.rudolph@ots.treas.gov; or
telephone (202) 906–6153.
SUPPLEMENTARY INFORMATION: OTS may
not conduct or sponsor an information
collection, and respondents are not
required to respond to an information
collection, unless the information
collection displays a currently valid
OMB control number. As part of the
approval process, we invite comments
on the following information collection.
Comments should address one or
more of the following points:
a. Whether the proposed collection of
information is necessary for the proper
performance of the functions of OTS;
b. The accuracy of OTS’s estimate of
the burden of the proposed information
collection;
c. Ways to enhance the quality,
utility, and clarity of the information to
be collected;
d. Ways to minimize the burden of the
information collection on respondents,
including through the use of
information technology.
We will summarize the comments
that we receive and include them in the
OTS request for OMB approval. All
comments will become a matter of
public record. In this notice, OTS is
soliciting comments concerning the
following information collection.
Title of Proposal: Fiduciary Powers of
Federal Savings Associations.
OMB Number: 1550–0037.
Form Number: OTS Form 1240.
Regulation requirement: 12 CFR
550.70(a), (b), and (c); 12 CFR 550.80
through 120; 12 CFR 550.125.
Description: OTS must know when a
Federal savings association is acting in
a fiduciary capacity in order to establish
effective oversight of those activities.
This comment request addresses
revisions to OTS Form 1240—
Application for Fiduciary Powers. The
form is being revised to update the
information OTS requires in order to
make a determination whether to
approve or deny an application for
fiduciary powers.
12 CFR 550.70(a) requires that a
Federal savings association that wants
to conduct fiduciary activities for the
first time, and for which OTS has not
previously approved an application
submitted under this part, must obtain
prior approval from OTS before it may
conduct the activities. 12 CFR 550.70(b)
requires that a Federal savings
association that wants to conduct
fiduciary activities that are materially
different from the activities that OTS
has previously approved for it,
including fiduciary activities that OTS
has previously approved that have not
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]]>Agencies
[Federal Register Volume 71, Number 82 (Friday, April 28, 2006)]
[Notices]
[Pages 25279-25281]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4036]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2004-19058; FAA Order 5050.4B]
National Environmental Policy Act (NEPA) Implementing
Instructions for Airport Actions
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of availability of Order 5050.4B and its preamble.
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration's Office of Airports (ARP)
has updated and revised its instructions for implementing the National
Environmental Policy Act (NEPA) for airport actions. ARP is replacing
Order 5050.4A, Airport Environmental Handbook with the updated and
revised instructions in Order 5050.4B, National Environmental Policy
Act (NEPA) Implementing Instructions for Airport Actions. This Notice
announces the availability of Order 5050.4B and its Preamble. The
documents are available at ARP's Web site https://www.faa.gov/
airports_airtraffic/ airports.
Although APR is presenting the Preamble on its Web site, it is not
including the text of that document in this Notice. ARP expects to
publish the text in the Federal Register within the next 10 days. This
delay is due to publication procedures associated with the extensively
detailed Preamble.
DATES: Effective Date: Order 5050.4B is effective on April 28, 2006.
FOR FURTHER INFORMATION CONTACT: Mr. Ed Melisky, FAA Office of
Airports, Environmental and Planning Division, FAA, 800 Independence
Avenue, SW., Washington, DC 20591; telephone (202) 267-5869. His e-mail
address is: edward.melisky@faa.gov.
Distribution: ARP is distributing this Order to ARP personnel and
other interested parties by electronic means only. As noted earlier,
ARP is also distributing the Preamble electronically, but it will
publish the text of that document in the Federal Register.
Anyone without access to the internet may obtain a compact disk
(CD) containing the Order and Preamble. Please make that request to the
Federal Aviation Administration, Office of Airport Planning and
Programming (APP-1), 800 Independence Avenue, SW., Washington, DC,
20591. Those unable to use an electronic version of the Order, may
obtain a photocopy of the Order by contacting FAA's rulemaking docket
at: Federal Aviation Administration, Office of Chief Council,
[[Page 25280]]
Attn: Rules Docket (AGC-200)--Docket No. FAA-2004-19058, 800
Independence Avenue, SW., Washington, DC, 20591. Those wanting hard
copy versions of the Preamble may obtain them by visiting local
libraries or other locations where the Federal Register is available.
SUPPLEMENTARY INFORMATION: ARP published draft Order 5050.4B for public
review and comment in the December 16, 2004, Federal Register (Vol. 69,
No. 241, p. 75374). The final Order issued today includes changes that
respond to many of the comments on the draft Order and other changes
ARP deemed necessary since publishing the draft Order. Order 5050.4B
supplements and is consistent with the agency-wide protocol that FAA
issued in Order 1050.1E, Environmental Impacts, Policies and Procedures
on June 8, 2004, (69 FR 33777) and FAA's recent update to that Order
(Change 1 to Order 1050.1E, 71 FR 15249, March 27, 2006.).
The following paragraphs summarize the most major changes presented
in final order 5050.4B. The Preamble provides much more information on
these and other changes.
a. ARP has deleted the summary of requirements and procedures under
special purpose environmental laws, regulations, and executive orders
outside NEPA (``special purpose laws''). To provide this information
and how it relates to airport actions, ARP is preparing and will
publish An Environmental Desk Reference for Airport Actions (Desk
Reference). The Desk Reference will provide ARP staff and interested
parties with information on those special purpose laws and further
information on integrating those requirements with NEPA. Until ARP
issues the Desk Reference, its personnel and other interested parties
should use Appendix A of Order 1050.1E for guidance. Readers should
note that Order 5050.4B, Table 7-1, retains information from paragraphs
47.e and 85.a-t of Order 5050.4A that ARP personnel and other
practitioners have found helpful in determining impact intensity and
the appropriate level of NEPA review.
b. Paragraph 202.c of the final Order discusses various ALP
approval options. Particularly, paragraph 202.c(4) notes the approving
FAA official may not conditionally approve an ALP depicting a new
airport, a new runway, or a major runway extension, when an EA or EIS
is being prepared for any of these facilities and actions connected to
them. Instead, the approving FAA official may unconditionally approve
an ALP depicting those facilities and their connected actions only if
FAA has issued a FONSI or ROD that is based on an EA or EIS,
respectively, that addresses those airport actions.
c. ARP has revised paragraph 513 in the draft Order (now paragraph
209 of the final Order). Paragraph 209 distinguishes between: (1) FAA
grant funding for development of wildlife hazard management plans
(WHMPs) and FAA approvals of those plans based on safety factors; and
(2) subsequent FAA actions to support implementation of measures in
FAA-approved WHMPs. Now, the instructions for FAA NEPA reviews
associated with wildlife WHMPs are similar to the instructions for FAA
NEPA reviews of airport noise compatibility plans (NCPs). Paragraph
303.b of draft Order 5050.4B noted that the issuance of an AIP grant
for an NCP is categorically excluded under paragraph 307n of Order
1050.1E. Paragraph 209a of final Order 5050.4B clarifies that the grant
to fund the development of a WHMP or the approval of that plan normally
qualifies for categorical exclusion under Order 1050.1E paragraph 308e.
Paragraph 209.b final Order 5050.4B states that airport layout plan
approvals and/or approvals of grants for Federal funding to carry out
measures in FAA-approved WHMPs: (1) May qualify for categorical
exclusion; or (2) may require preparation of an environmental
assessment or an environmental impact statement.
d. Paragraphs 210 through 214 of final Order 5050.4B provide
detailed policies and procedures for FAA's State Block Grant Program
(SBGP). ARP presents this detailed guidance to fulfill a commitment FAA
made in the Preamble to Order 1050.1E.
e. Chapter 5 of final Order 5050.4B presents information to better
integrate airport planning and the NEPA process. Overall, the chapter
discusses key planning steps that help FAA and airport sponsors meet
their responsibilities and that may help to streamline the planning and
NEPA processes. This interdisciplinary coordination is not intended to
be a substitute for the NEPA process. Instead, it will facilitate FAA's
subsequent evaluation of an airport plan's environmental effects during
the NEPA process.
f. Chapter 7 of final Order 5050.4B includes information about
environmental assessments (EAs) in one chapter. Paragraph 405 of the
draft Order expanded the list of airport actions normally requiring
EAs. ARP prepared that list to respond to a number of questions about a
variety of actions that Order 5050.4A, paragraph 22 (Actions normally
requiring an EA) did not address. Paragraphs 702.a-i of the final Order
present the list of actions noted in paragraph 405 of draft Order
5050.4B. However, readers should note that ARP has added paragraph
702.j (``Other circumstances'') to the list in the final Order. That
paragraph states the responsible FAA official should consider the need
for an EA in circumstances not mentioned in paragraphs 702.a-i of final
Order 5050.4B. This is particularly so when controversy exists because
the proposed action involves a special purpose law.
g. Chapter 9 of the final Order 5050.4B provides updated
information on EISs. Paragraph 902.c encourages responsible FAA
officials to consult with interested parties and involved FAA
organizations to establish schedules for preparing EISs. The paragraph
notes that FAA officials must establish EIS schedules when requested by
the airport sponsor. However, practitioners should note even the most
thoughtfully developed schedule is subject to events beyond FAA's
control that may affect the projected schedule. Paragraph 904.b states
that FAA will begin the EIS process as soon as possible after the
airport sponsor presents FAA with a proposal. In determining if a
proposal exists, FAA will consider whether sufficient airport planning
data and information are available to meaningfully evaluate
environmental effects of the proposal and its reasonable alternatives.
h. Paragraph 1004 of final Order 5050.4B discusses limitations on
FAA and airport sponsor activities during the EIS process. Paragraph
1004.a discusses limits on airport sponsor or FAA activities that would
cause adverse effects or limit alternatives during the NEPA process.
Paragraph 1004.c discusses FAA concerns about exceeding ARP's
recommended ``25% design limit.'' However, ARP recognizes that an
airport sponsor may need to develop plans or designs beyond that limit.
Here, an airport sponsor may need more complete design plans to support
an application for Federal, State, or local permits or assistance (40
CFR 1506.1(d)). In these cases, designs beyond the ``25% design limit''
may help to streamline the NEPA process by integrating other
environmental review requirements and NEPA. They also may help to
reduce paperwork (40 CFR 1500.4(k)) and eliminate duplicating State and
local procedures (40 CFR 1500.4(n)).
i. Paragraph 1007.e(4)(b) of final Order 5050.4B provides the
criteria the responsible FAA official must consider
[[Page 25281]]
when determining the ``prudence'' of an alternative per 49 USC
47106.(c)(1)(B). This section requires the Secretary of Transportation
to consider a ``possible and prudent alternative'' when considering a
grant application for a project involving a new airport, a new runway,
or a major runway extension having significant adverse effects.
Although criteria in paragraph 1007.e(4)(b) apply to decisions for
actions involving Section 4(f) resources, FAA is using the definition
of ``prudent'' for major airport projects to aid its staff determine
when an alternative is ``prudent.'' FAA worked with the Federal Highway
Administration (FHWA) on the definition as presented in FHWA's March
2005 Section 4(f) guidance \1\ believes it is appropriate for FAA
actions.
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\1\ https://environment.fhwa.gov/dot/projdev/4fpolicy.asp.
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j. Paragraphs 708.g(4) and 1301.g recommend that responsible FAA
officials use an Environmental Management System (EMS) to ensure the
agency and the airport sponsor complete required mitigation. This
effort promotes the instructions in Executive Order 13148, Greening the
Government Through Leadership in Environmental Management.
k. Chapter 15 provides information on streamlining the EIS process
for certain airport projects to address requirements in Vision 100--The
Century of Aviation Reauthorization Act (Vision 100). Among other
things, Vision 100 requires streamlining the environmental process for
airport capacity projects at congested airports. These are airports
that account for at least 1% of all delayed aircraft operations in the
Nation. Vision 100 also applies to airport safety and airport security
projects throughout the Nation, regardless of their congestion levels.
l. ARP has deleted paragraph 407 in the draft Order addressing
cumulative impacts. More extensive information on cumulative impacts
now appears in paragraph 1007.i of the final Order. ARP will provide
more detail on this topic in the Desk Reference.
m. ARP has also deleted an example of a ``third party'' Memorandum
of Understanding and the ``short-form'' environmental assessment that
were included as Appendices 2 and 3 of draft Order 5050.4B. ARP will
place these examples and other information that ARP has found helpful
in the Desk Reference.
Dated: April 25, 2006.
Dennis E. Roberts,
Director, Office of Airport Planning and Programming, APP-1.
[FR Doc. 06-4036 Filed 4-25-06; 4:26 pm]
BILLING CODE 4910-13-M
