Order 1050.1F Environmental Impact: Policies and Procedures, 49596-49600 [2013-19734]
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49596
Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Notices
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procedures adopted by ARAC. As part
of the procedures, the working group
must:
1. Conduct a review and analysis of
the assigned tasks and the related
materials or documents.
2. Draft and submit a work plan for
completion of the task, including the
rationale supporting such a plan, for
consideration by ARAC.
3. Provide a status report on the work
plan at each ARAC meeting.
4. Draft and submit the
recommendation report based on the
review and analysis of the assigned
tasks.
5. Present the recommendation report
to the ARAC at a regularly scheduled
meeting.
Participation in the Working Group
The Maintenance Reliability Program
Working Group will be comprised of
technical experts having an interest in
the assigned task. A working group
member need not be a member
representative of ARAC. The FAA
would like a wide range of members to
ensure all aspects of the tasks are
considered in development of the
recommendations.
The June 18, 2010 Presidential
memorandum ‘‘Lobbyists on Agency
Boards and Commissions,’’ states that a
member must not be a federally
registered lobbyist, who is subject to the
registration and reporting requirements
of the Lobbying Disclosure Act of 1995
(LDA) as amended, 2 U.S.C 1603, 1604,
and 1605, at the time of appointment or
reappointment to the ARAC, and has
not served in such a role for a two-year
period prior to appointment. For further
information see OMB final guidance on
appointment of lobbyists to federal
boards and commissions (76 FR 61756,
October 5, 2011.) Therefore, the FAA
will not select any person that is a
registered lobbyist.
If you wish to become a member of
the Maintenance Reliability Program
Working Group, write the person listed
under the caption FOR FURTHER
INFORMATION CONTACT expressing that
desire. Describe your interest in the task
and state the expertise you would bring
to the working group. We must receive
all requests by September 3, 2013.
ARAC and the FAA will review the
requests and advise you whether or not
your request is approved.
If you are chosen for membership on
the working group, you must actively
participate in the working group by
attending all meetings, and providing
written comments when requested to do
so. You must devote the resources
necessary to support the working group
in meeting any assigned deadlines. You
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must keep your management chain and
those you may represent advised of
working group activities and decisions
to ensure the proposed technical
solutions do not conflict with the
position of those you represent. Once
the working group has begun
deliberations, members will not be
added or substituted without the
approval of the ARAC Chair, the FAA,
including the Designated Federal
Officer, and the Working Group Chair.
The Secretary of Transportation
determined the formation and use of
ARAC is necessary and in the public
interest in connection with the
performance of duties imposed on the
FAA by law.
ARAC meetings are open to the
public. However, meetings of the
Maintenance Reliability Program
Working Group are not open to the
public, except to the extent individuals
with an interest and expertise are
selected to participate. The FAA will
make no public announcement of
working group meetings.
Issued in Washington, DC, on August 9,
2013.
Lirio Liu,
Designated Federal Officer, Aviation
Rulemaking Advisory Committee.
[FR Doc. 2013–19739 Filed 8–13–13; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Order 1050.1F Environmental Impact:
Policies and Procedures
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice; request for public
comment.
AGENCY:
The Federal Aviation
Administration (FAA) proposes to
update, reorganize, and revise its order
that contains policies and procedures
for implementing the National
Environmental Policy Act (NEPA), in
accordance with regulations issued by
the Council on Environmental Quality
(40 CFR parts 1500–1508). The order
additionally provides direction on using
the NEPA review process to ensure
compliance with other environmental
laws, regulations, and executive orders
that may be applicable to proposed FAA
actions. Order 1050.1E Environmental
Impact: Policies and Procedures will be
replaced with Order 1050.1F
Environmental Impact: Policies and
Procedures. FAA Order 1050.1F,
Environmental Impact: Policies and
Procedures is available at https://
SUMMARY:
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www.faa.gov/about/office_org/
headquarters_ offices/apl/
environ_policy_guidance/policy/. This
notice provides the public opportunity
to comment on the revised Order. All
comments on the proposed changes will
be considered in preparing the final
version of Order 1050.1F.
DATES: Comments should be received by
September 30, 2013.
ADDRESSES: You may send comments by
any of the following methods:
Federal eRulemaking Docket: Go to
https://www.regulations.gov. Follow the
online instructions for sending your
comments electronically.
Fax: 202–493–2251.
Mail: Send comments to the U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590–0001.
Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
You may examine the docket,
including comments received, on the
Internet at https://www.regulations.gov
or in person at the U.S. Department of
Transportation Docket Operations office
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Donald Scata, Office of Environment
and Energy (AEE–400), Federal Aviation
Administration, 800 Independence
Avenue SW., Washington, DC 20591;
telephone (202) 267–9890; email
donald.scata@faa.gov.
SUPPLEMENTARY INFORMATION: The
National Environmental Policy Act
(NEPA) establishes a broad national
policy to protect the quality of the
human environment and ensures that
environmental considerations are given
careful attention and appropriate weight
in decisions of the Federal Government.
Regulations promulgated by the Council
on Environmental Quality (CEQ) (40
CFR parts 1500–1508) implement
Section 102(2) of NEPA, which contains
the ‘‘action-forcing’’ provisions to
ensure that Federal agencies act
according to the letter and spirit of
NEPA. 40 CFR 1505.1 requires Federal
agencies to develop and, as needed,
revise implementing procedures
consistent with the CEQ regulations.
The FAA’s current Order 1050.1E,
Environmental Impact: Policies and
Procedures, provides FAA’s policy and
procedures for complying with the
requirements of: (a) The CEQ
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regulations for implementing the
procedural provisions of NEPA; (b)
Department of Transportation (DOT)
Order DOT 5610.1C, Procedures for
Considering Environmental Impacts,
and (c) other applicable environmental
laws, regulations, and executive orders
and policies. The FAA is proposing to
replace Order 1050.1E with Order
1050.1F.
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Request for Comment
As part of revising its environmental
order, the FAA is seeking comment
regarding the proposed changes
described below.
Synopsis of Proposed Changes
The proposed FAA Order 1050.1F,
Environmental Impacts: Policies and
Procedures, includes 29 additions or
changes to the current version of FAA
Order 1050.1E which may be of interest
to the public and other government
agencies and organizations. In general,
Order 1050.1E has been reorganized to
be more clear and concise. In addition,
updates to policy and guidance since
the publication of 1050.1E Change 1 in
2006 have been incorporated into
proposed FAA Order 1050.1F. The
following descriptions provide more
details on the proposed changes.
Change 1 moves the information in
Appendix A of FAA Order 1050.1E,
Analysis of Environmental Impact
Categories, to the 1050.1F Desk
Reference, which can be easily updated
as necessary. FAA specific analysis,
modeling, and documentation
requirements that were contained in
Appendix A of FAA Order 1050.1E have
been moved to a new Appendix B of
FAA Order 1050.1F. These include
requirements such as using an FAA
approved model for noise analysis.
Change 2 restructures the Order to
streamline and focus the discussion,
reduce redundancies, and improve the
clarity of guidance for NEPA
practitioners. Order 1050.1F is divided
into eleven chapters as opposed to the
five chapters of 1050.1E. The numbering
and structure are changed to more
closely follow FAA Order 1320.1, FAA
Directives Management. In addition,
systematic editorial changes have been
applied to ensure 1050.1F is consistent
with the FAA’s plain language
guidelines as established in FAA Order
1000.36, FAA Writing Standards (e.g.,
changes use of the term ‘‘shall’’ to
‘‘should’’ or ‘‘must’’).
Change 3 expands and updates the
FAA’s policy statement to include the
FAA’s goals of ensuring timely,
effective, and efficient environmental
reviews of proposed Next Generation
Air Transportation System (also known
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as NextGen) improvements, consistent
with Executive Order 13604, Improving
Performance of Federal Permitting and
Review of Infrastructure Projects, 77
Federal Register 18887 (March 28,
2012) (see Paragraph 1–8). The updated
policy also includes an environmental
management system (EMS) approach
that is being used to improve the
integration of environmental
performance into the planning,
decision-making, and operation of
NextGen in furtherance of the goal of
environmental protection that allows
sustained aviation growth. Finally, the
policy reflects legislative provisions in
FAA reauthorization to expedite the
environmental review process for
certain air traffic procedures.
Change 4 updates the titles and roles
of FAA Lines of Businesses and Staff
Offices (LOB/SOs) to reflect changes to
the FAA’s organizational structure and
responsibilities since publication of
FAA Order 1050.1E (see Paragraph 2–
2.1.b). These revisions include removal
of Aviation Policy, Planning, and
Environment (AEP) and International
Aviation (API), since these divisions
have been combined to form a new
office known as Policy, International
Affairs and Environment (APL). In
addition, Financial Services (ABA) is
now known as Finance and
Management (AFN), and Regulation and
Certification (AVR) is now Aviation
Safety (AVS). The Region and Center
Operations (ARC) is now located under
Human Resource Management (AHR).
FAA has added two staff offices:
NextGen (ANG) and Office of
Communications (AOC).
Change 5 clarifies and explains in
more detail the FAA’s responsibilities
(see Paragraph 2–2.1) and the role of
applicants and contractors in the FAA’s
NEPA process (see paragraphs 2–2.2 and
2–2.3). Order 1050.1E did not break out
the roles of contractors and applicants,
and thus it was difficult for practitioners
to clearly understand roles and
responsibilities that applicants and
contractors may have as the FAA carries
out its NEPA requirements.
Change 6 clarifies the similarities and
differences between environmental
assessments and environmental impact
statements throughout the Order. The
terminology EIS or EA has been
replaced with NEPA documentation
when guidance would apply to either
type of document to help clarify section
206a of 1050.1E which states that
requirements that apply to EIS’s may
also be used for the preparation of EA’s.
Alternatively, when guidance is specific
to an EA or to an EIS, but not to both,
the appropriate type of document is
stated. Specifically, Order 1050.1F
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49597
explains in more detail than 1050.1E
paragraphs 405 d, e, and f the
requirement to consider connected
actions in environmental assessments.
Change 7 reorganizes and clarifies
provisions relating to mitigation
including updating the guidance to be
consistent with CEQ’s guidance on
Appropriate use of Mitigation and
Monitoring and Clarifying the
Appropriate use of Mitigated Finding of
No Significant Impacts (January 24,
2011) (see Paragraphs 2–3.6, 4–4, 6–2.3,
and 7–1.1.h). The proposed changes also
clarify which projects may warrant
environmental monitoring and the type
and extent of monitoring.
Change 8 adds a discussion of
Environmental Management System
(EMS) to highlight the importance of
EMS and the potential benefit of
aligning NEPA with the elements of
EMS (see Paragraph 2–3.3).
Change 9 revises the list of actions
normally requiring an EA to align more
clearly and accurately with the FAA’s
experience of actions which normally
involve the preparation of an EA.
Actions newly identified as normally
requiring an EA are in Paragraph
3–1.2b(14): Establishment or
modification of an Instrument Flight
Rules Military Training Route (IR
MTRs); and Paragraph 3–1.2b(17):
Formal and informal runway use
programs that may significantly increase
noise over noise-sensitive areas.
Actions normally requiring an EA that
are amended include Paragraphs
3–1.2b(2), 10–13, 15, and 16.
Paragraph 3–1.2b(2) modifies the
language of 401b of 1050.1E to include
all types of certificates for aircraft types
for which environmental regulations
have not been issued, and new amended
engine types for which emission
regulations have not been issued where
an environmental analysis has not been
prepared with a regulatory action.
Paragraph 3–1.2b(10), formally 401k
of 1050.1E, was changed to limit the
typical EA to new commercial service
airport locations that would not be
located in a Metropolitan Statistical
Area (MSA). In addition, the description
of a new runway was limited by stating
that the new runway is at an existing
airport that is not located in an MSA.
Major runway extension projects were
removed from this list and added to the
list of actions that typically require an
environmental impact statement.
Paragraph 3–1.2b(11) changes 401l of
1050.1E to provide more clarity when
the issuance of operations specifications
normally requires an EA; specifically
any approval of operations
specifications that may change the
character of the operational
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environment when authorizing
passenger or cargo service, or
authorizing an operator to serve an
airport with different aircraft when that
service may significantly increase noise,
air, or other environmental impacts.
Paragraphs 3–1.2b(12) and (13) amend
401m and 401n of 1050.1E, respectively,
to include a caveat that certain
procedures may be categorically
excluded under new legislative
categorical exclusions in the FAA
Modernization and Reform Act of 2012.
Paragraph 3.1.2b(12) describes as
normally requiring an EA: New
instrument approach procedures,
departure procedures, en route
procedures, and modifications to
currently approved instrument
procedures which routinely route
aircraft over noise sensitive areas at less
than 3,000 feet above ground level
(AGL) (unless otherwise categorically
excluded under Paragraphs 5–6.5q or
5–6.5r). Paragraph 3.1.2b(13) describes
as normally requiring an EA: New or
revised air traffic control procedures
which routinely route air traffic over
noise sensitive areas at less than 3,000
feet AGL (unless otherwise categorically
excluded under Paragraphs 5–6.5q or
5.6.5r).
Paragraph 3–1.2b(15) modifies 401p
of 1050.1E to remove the four
requirements for the notice of proposed
rulemaking for Special Use Airspace
projects since these criteria are not
based on environmental impact, but on
the process for establishing special use
airspace. The proposed paragraph
describes actions normally requiring an
EA: Special Use Airspace (unless
otherwise explicitly listed as an
advisory action (see Paragraph 2–1.2b,
Advisory Actions) or categorically
excluded under Paragraph 5–6, the
FAA’s List of Approved CATEXs).
Paragraph 3–1.2b(16) modifies 401c of
1050.1E to clarify the type of
commercial space launch actions that
normally require an EA. The proposed
paragraph states issuance of any of the
following requires an EA: (a) A
commercial space launch site operator
license for operation of a launch site at
an existing facility on disturbed ground
where little to no infrastructure would
be constructed (e.g., co-located with a
federal range or municipal airport); or
(b) A commercial space launch license,
reentry license, or experimental permit
to operate a vehicle to/from an existing
site.
Change 10 modifies and re-organizes
the text in Paragraph 501 of FAA Order
1050.1E on EIS and adds the following
specific examples of actions normally
requiring an EIS (see Paragraphs 3–
1.3.b). (1) Federal financial participation
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in, or unconditional ALP approval of,
the following categories of airport
actions: (a) Location of a new
commercial service airport in an MSA;
(b) A new runway to accommodate air
carrier aircraft at a commercial service
airport in an MSA; and (c) major
runway extension; and (2) issuance of a
commercial space launch site operator
license, launch license, or experimental
permit to support activities requiring
the construction of a new commercial
space launch site on largely undisturbed
ground.
Change 11 combines the discussion of
programmatic NEPA documents and
tiering and revises the text to more
closely align with CEQ Regulations and
guidance (see Paragraph 3–2).
Change 12 adds a new Chapter 4 to
describe environmental impact
categories, significance thresholds, and
factors to consider in determining the
significance of environmental impacts.
These details were previously discussed
in Appendix A of FAA Order 1050.1E.
There are additions and modifications
to the list of impact categories. Climate
has been added to the list of impact
categories to be considered in FAA
NEPA documents, consistent with
CEQ’s 2010 Draft NEPA Guidance on
Consideration of the Effects of Climate
Change and Greenhouse Gas Emissions
and FAA Order 1050.1E Guidance
Memo #3, Considering Greenhouse
Gases and Climate under the National
Environmental Policy Act (NEPA):
Interim Guidance. Noise and noisecompatible land use have been
combined into a single impact category
to provide better context and clarity.
The remaining land use topics are
discussed as a separate category. Water
Resource impacts have been combined
to include water quality, wetlands,
floodplains, surface waters,
groundwater, and wild and scenic
rivers. Construction and secondary
impacts have been removed as separate
categories, and instead are to be
analyzed within each applicable
environmental impact category. Further
guidance on impact category analysis is
contained within the 1050.1F Desk
Reference.
Change 13 provides a table in
paragraph 4–3.3 that summarizes the
significance thresholds that were
formerly described under individual
environmental impact categories in
Appendix A of FAA Order 1050.1E.
This table also includes Factors to
Consider in making determinations of
significant impact. There are
modifications to significance thresholds:
(1) Surface Waters now includes
‘‘contaminate a public drinking water
supply such that public health may be
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adversely affected’’ as a threshold and
(2) Groundwater contains ‘‘contaminate
an aquifer used for public water supply
such that public health may be
adversely affected’’ as a threshold. (See
Exhibit 4–1, Significance Determination
for FAA Actions).
Change 14 revises the list of
extraordinary circumstances (see
Paragraph 5–2.b). National marine
sanctuaries and wilderness areas have
been added to the list of resources that
must be considered in evaluating
actions for extraordinary circumstances
that would preclude the use of a
categorical exclusion for a proposed
action. Makes other text revisions,
including modifying (1) the description
of wild and scenic rivers [EME: Deleted
b/c use of word ‘‘modifying’’ before
sentence] to be consistent with CEQ’s
August 10, 1980, Memorandum on
Procedures for Interagency Consultation
to Avoid or Mitigate Adverse Effects on
Rivers in the Nationwide Inventory; and
(2) the description of hazardous
materials likely to cause environmental
contamination by hazardous materials,
or likely to disturb an existing
hazardous material contamination site
such that new environmental
contamination risks are created.
Change 15 updates the FAA’s
guidance regarding CATEX
documentation to be consistent with
CEQ’s 2010 Guidance on Establishing,
Applying, and Revising Categorical
Exclusions under National
Environmental Policy Act [NEPA]
(November 23, 2010) (see Paragraph 5–
3). These updates include: clarifying
when and what level of documentation
is needed in the application of a CATEX
and explaining what to include in
CATEX documentation. In addition,
there is a new section providing
information on combining a decision
document with a CATEX (CATEX/
RODs). CATEX/RODs are not commonly
used, but may be advisable in unique
circumstances.
Change 16 adds guidance on public
notification of CATEX use, consistent
with CEQ’s 2010 Guidance on
Establishing, Applying, and Revising
Categorical Exclusions under National
Environmental Policy Act (November
23, 2010) (see Paragraph 5–4).
Change 17 adds new CATEXs and
revises existing CATEXs to
accommodate actions that do not have
the potential to significantly affect the
environment, absent extraordinary
circumstances. A categorical exclusion
justification package is available at
https://www.faa.gov/about/office_org/
headquarters_offices/apl/
environ_policy_guidance/policy/. New
CATEXs are the following:
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Paragraph 5–6.3i adds a categorical
exclusion for the unconditional
approval of an Airport Layout Plan
(ALP), federal financial assistance, or
FAA projects for the installation of solar
or wind powered energy, provided the
installation does not involve more than
three total acres.
Paragraph 5–6.4bb adds a categorical
exclusion for an unconditional ALP
approval or federal financial assistance
for actions related to a purchase of land
for a runway protection zone or other
aeronautical purpose, provided there is
no land disturbance.
Paragraph 5–6.4cc adds a categorical
exclusion for an unconditional ALP
approval or federal financial assistance
to permanently close a runway and use
it as a taxiway at small, low activity
airports provided any changes to lights
or pavement would be on previously
developed airport land.
Paragraph 5–6.4dd adds a categorical
exclusion for FAA construction,
reconstruction or relocation of a nonRadar, Level 1 air traffic control tower
at an existing visual flight rule airport,
or FAA unconditional approval of an
ALP and/or federal funding provided
the action would occur on a previously
disturbed area of the airport and not: (1)
cause an increase in the number of
aircraft operations, a change in the time
of aircraft operations, or a change in the
type of aircraft operating at the airport;
(2) cause a significant noise increase in
noise sensitive areas; or (3) cause
significant air quality impacts.
Paragraph 5–6.4ee adds a categorical
exclusion for environmental
investigation of hazardous waste or
hazardous substance contamination on
previously developed land provided the
work plan or Sampling and Analysis
Plan (SAP) for the project integrates
current industry best practices and
address, as applicable, surface
restoration, well and soil boring
decommissioning and the collection,
storage, handling, transportation,
minimization, and disposal of
investigation derived wastes and other
federal or state regulated wastes
generated by the investigation. The
work plan or SAP must be coordinated
with and, if required, approved by the
appropriate or relevant governmental
agency or agencies prior to
commencement of work.
Paragraph 5–6.4ff adds a categorical
exclusion for remediation of hazardous
wastes or hazardous substances
impacting approximately one acre in
aggregate surface area provided
remedial or corrective actions must be
performed in accordance with an
approved work plan (i.e., remedial
action plan, corrective action plan, or
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similar document) that documents
applicable current industry best
practices and addresses, as applicable,
permitting requirements, surface
restoration, well and soil boring
decommissioning, and the
minimization, collection, storage,
handling, transportation, and disposal
of federal or state regulated wastes. The
work plan must be coordinated with,
and if required, approved by, the
appropriate governmental agency or
agencies prior to the commencement of
work.
As a matter of policy, actions under
the Comprehensive Environmental
Response, Compensation and Liability
Act (CERCLA) and corrective actions
under the Resource Conservation and
Recovery Act (RCRA) generally do not
require separate analysis under NEPA or
the preparation of a NEPA document.
FAA will rely on CERCLA processes for
environmental review of actions to be
taken under CERCLA, and will address
NEPA values to the extent practicable.
As a matter of law, there is a statutory
conflict between NEPA and CERCLA;
NEPA, therefore, does not apply to
CERCLA cleanup actions. FAA may rely
on the CERCLA process for RCRA
corrective actions if the action is to be
taken under a compliance agreement for
an FAA site on the CERCLA National
Priorities List that integrates the
requirements of RCRA and CERCLA to
such an extent that the requirements are
largely inseparable in a practical sense.
Paragraph 5–6.5f adds a categorical
exclusion for actions to increase the
altitude of special use airspace.
In addition, two legislative CATEXs,
provided in section 213(c) of the FAA
Modernization and Reform Act of 2012,
are added (see Paragraphs 5–6.5q and 5–
6.5r). One allows for a categorical
exclusion for Area Navigation/Required
Navigation Performance (RNP)
procedures proposed for core airports
and any medium or small hub airports
located within the same metroplex area,
and for RNP procedures proposed at 35
non-core airports selected by the
Administrator, subject to extraordinary
circumstances. The second provides a
categorical exclusion for any navigation
performance or other performance based
navigation procedure developed,
certified, published, or implemented
that, in the determination of the
Administrator, would result in
measurable reductions in fuel
consumption, carbon dioxide emissions,
and noise on a per flight basis as
compared to aircraft operations that
follow existing instrument flight rules
procedures in the same airspace
irrespective of the altitude.
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49599
CATEXs that are amended include the
following:
Paragraph 5–6.4e (formerly 310e), is
modified to include widening of a
taxiway, apron, loading ramp, or
runway safety area (RSA) including an
RSA using Engineered Material
Arresting System (EMAS), or widening
of an existing runway.
Paragraph 5–6.4i (formerly 310i) is
modified to allow for financial
assistance for or unconditional approval
of an ALP for the demolition or removal
of non-FAA owned buildings and
structures on airports except those of
historic archeological or architectural
significance. This CATEX also adds the
expansion of a facility or structure
where no hazardous substance
contamination or contaminated
equipment is present on the site.
Paragraph 5–6.4u (formerly 310u) is
expanded to include unconditional
approval of an ALP for the installation,
repair or replacement of on-airport
aboveground storage tanks or
underground storage tanks. The CATEX
further clarifies that the closure and
removal applies to the fuel storage tank,
and remediation applies to the
contaminants resulting from the use of
the fuel storage tank. It also clarifies that
distribution systems are not within the
scope of the CATEX.
Paragraph 5–6.5l (formerly 311l) is
modified to allow for Federal financial
assistance, unconditional ALP approval,
or other FAA action to establish a
displaced threshold on an existing
runway. It further states that removal or
establishment of a displaced threshold
is allowed within the scope of the
categorical exclusion provided the
action does not require establishing or
relocating an approach light system that
is not on airport property or an
instrument landing system.
CATEXs that are slightly modified are
as follows:
Paragraph 5–6.2c (formerly 308c) is
modified to include operating
certificates. This is a clarification since
these certificates are the same as the
previously mentioned certificates.
Paragraph 5–6.3h (formerly 309h) is
revised for clarity. The terminology
‘‘launch facility’’ is changed to
‘‘commercial space launch site.’’14 CFR
part 107, Airport Security, no longer
exists and has been removed.
Paragraph 5–6.4f (formerly 310f) is
modified to include hangers and thangers as long as any increase in
aircraft does not contribute to
significant noise increases in noise
sensitive areas or significant increases
in air emissions.
Paragraph 5–6.4h (formerly 310h) has
been clarified to include non-
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aeronautical uses at existing airports or
commercial space launch sites.
Paragraph 5–6.5b (formerly 311b)
adds clarification that this applies to
establishment of jet routes as they are
one type of federal airway.
Paragraph 5–6.5c (formerly 311c) adds
the example ‘‘reduction in times of use
(e.g., from continuous to intermittent, or
use by a Notice to Airmen (NOTAM)’’
to the list of ‘‘such as’’ actions. This
clarifies that actions to return all or part
of special use airspace (SUA) to the
National Airspace System (NAS)
includes reduction in times of use.
Paragraph 5–6.5g (formerly 311g) is
slightly modified to include ‘‘Required
Navigation Performance’’ (RNP). It also
specifies that a Noise Screening Tool or
other FAA-approved environmental
screening methodology should be used.
Paragraph 5–6.5h (formerly 311h) is
slightly modified to include
‘‘modification’’ of helicopter routes to
clarify that establishment of helicopter
routes also includes modification of
these routes as long as they channel
helicopter activity over major
thoroughfares.
Paragraph 5–6.5i (formerly 311i)
updates reference to a Noise Screening
Tool (NST) or other FAA approved
environmental screening methodology.
Paragraph 5–6.6b is modified to
provide clarity that the categorical
exclusion applies to an aerobatic
practice area containing one aerobatic
practice box in accordance with 1050.1E
Guidance Memo #5, Clarification of
FAA Order 1050.1E CATEX 312b to
Aerobatic Actions.
Change 18 revises the discussion of
EA format and process to streamline the
explanation of each element and clarify
that an EA should be concise and
focused and should not be as detailed as
an EIS (see Paragraph 6–2). Since this
section has been reduced in detail, there
are cross-references to the
corresponding EIS sections for
environmental assessments that may
need to be more substantial.
Change 19 revises the language in
notices soliciting public comment on
draft EAs and draft EISs, stating that
personal information provided by
commenters (e.g., addresses, phone
numbers, and email addresses) may be
made publicly available (see Paragraphs
6–2.2.e and 7–1.2.d(1)(a)).
Change 20 adds a new paragraph to
explain the conditions under which the
FAA may choose to terminate
preparation of an EIS and clarifies what
steps the FAA should take when this
situation occurs (see Paragraph 7–1.3).
Change 21 adds a discussion of FAA
policy with respect to consideration of
VerDate Mar<15>2010
16:16 Aug 13, 2013
Jkt 229001
transboundary impacts resulting from
FAA actions (see Paragraph 8–3).
Change 22 updates the discussion of
international actions to be consistent
with DOT Order 5610.1, including
guidance on coordination within the
FAA/DOT and U.S. State Department
when communication with foreign
governments is needed (see Paragraph
8–4).
Change 23 clarifies the alternative
process to consider environmental
impacts before taking emergency actions
necessary to protect the lives and safety
of the public in emergency
circumstances. These alternative
arrangements are limited to actions
necessary to control the immediate
impacts of an emergency. Order 1050.1F
expands this section to provide for
emergency procedures when a CATEX
or EA would be the appropriate level of
NEPA review (see Paragraph 8–5).
Change 24 clarifies and expands on
requirements relating to FAA adoption
of other agencies’ NEPA documents (see
Paragraph 8–7). Clarifies requirements
for legal sufficiency review of adopted
documents and when this review is
required (see Paragraph 8–7.d). Also
adds a discussion of recirculation
requirements for EISs to highlight that
there are some circumstances in which
adopted documents must be recirculated (see Paragraph 8–7.f).
Change 25 clarifies that there is no
specified format for written reevaluations. It also adds a statement to
explain that written re-evaluations may
be prepared even when they are not
required. In addition, this section also
adds a discussion of combining decision
documents with written re-evaluations
(i.e., a ‘‘WR/ROD’’) (see Paragraph 9–2).
Change 26 streamlines, consolidates,
and clarifies provisions relating to
review, approval, and signature
authority for FAA NEPA documents (see
Chapter 10).
Change 27 revises text in Paragraph
11–2 to clarify the authority of various
parties and to be consistent with other
FAA Orders (see Paragraph 11–2).
Change 28 clarifies provisions relating
to explanatory guidance (see Paragraph
11–4).
Change 29 adds definitions of ‘‘NEPA
lead’’ and ‘‘special purpose laws and
requirements.’’ It deletes the definition
of ‘‘Environmental Due Diligence
Audit’’ because this term is no longer
used in FAA Order 1050.1F. Definitions
of ‘‘environmental studies’’, ‘‘approving
official’’, and ‘‘decisionmaker’’ are
revised to reflect current practice. The
definition of ‘‘launch facility’’ is
changed to ‘‘commercial space launch
site’’ to be consistent with 14 CFR part
420. The definition of ‘‘noise sensitive
PO 00000
Frm 00157
Fmt 4703
Sfmt 4703
area’’ is revised to include a reference to
Table 1 of 14 CFR part 150 rather than
Appendix A of FAA Order 1050.1E, to
provide context in light of the removal
of Appendix A from proposed Order
1050.1F. (See Paragraph 11–5.b).
Issued in Washington, DC, on August 9,
2013.
Lourdes Q. Maurice,
Executive Director, Office of Environment and
Energy.
[FR Doc. 2013–19734 Filed 8–13–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Notice of Intent To Prepare an
Environmental Impact Statement for
the Virginia Beach Transit Extension
Study, Virginia
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of intent to prepare an
environmental impact statement.
AGENCY:
The Federal Transit
Administration (FTA) and Hampton
Roads Transit (HRT) are planning to
prepare an Environmental Impact
Statement (EIS) for the Virginia Beach
Transit Extension Study (VBTES). The
VBTES will examine extending transit
service from the eastern terminus of
Norfolk’s existing Light Rail Transit
(LRT) system, ‘‘The Tide,’’ at Newtown
Road to the Virginia Beach Oceanfront
either along the former Norfolk
Southern Railroad right-of-way (NSRR
ROW) that runs from Newtown Road to
Birdneck Road or along the NSRR ROW
to Laskin Road then onto Birdneck
Road. From Birdneck Road, both
alignments would extend onto 19th
Street terminating at the Virginia Beach
Oceanfront.
In 2000, FTA and HRT prepared the
Norfolk-Virginia Beach East/West Light
Rail Transit System Final EIS. This
document looked at an 18-mile transit
system connecting downtown Norfolk to
the Pavilion area of Virginia Beach. In
2009, FTA and HRT began a
Supplemental EIS for the VBTES that
intended to evaluate changes in the
project corridor since the 2000 EIS. As
the Supplemental EIS progressed, FTA
and HRT began studying an additional
alternative alignment along Laskin
Road. This alternative alignment and
the additional amount of time that
elapsed since work began on the
Supplemental EIS led FTA to determine
that a Supplemental EIS was no longer
appropriate for the VBTES and instead
a new EIS should be prepared. Pursuant
SUMMARY:
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[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Notices]
[Pages 49596-49600]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19734]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Order 1050.1F Environmental Impact: Policies and Procedures
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice; request for public comment.
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration (FAA) proposes to update,
reorganize, and revise its order that contains policies and procedures
for implementing the National Environmental Policy Act (NEPA), in
accordance with regulations issued by the Council on Environmental
Quality (40 CFR parts 1500-1508). The order additionally provides
direction on using the NEPA review process to ensure compliance with
other environmental laws, regulations, and executive orders that may be
applicable to proposed FAA actions. Order 1050.1E Environmental Impact:
Policies and Procedures will be replaced with Order 1050.1F
Environmental Impact: Policies and Procedures. FAA Order 1050.1F,
Environmental Impact: Policies and Procedures is available at https://www.faa.gov/about/office_org/headquarters_ offices/apl/environ--
policy--guidance/policy/. This notice provides the public opportunity
to comment on the revised Order. All comments on the proposed changes
will be considered in preparing the final version of Order 1050.1F.
DATES: Comments should be received by September 30, 2013.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Docket: Go to https://www.regulations.gov.
Follow the online instructions for sending your comments
electronically.
Fax: 202-493-2251.
Mail: Send comments to the U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue SE., Washington, DC 20590-0001.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
You may examine the docket, including comments received, on the
Internet at https://www.regulations.gov or in person at the U.S.
Department of Transportation Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Donald Scata, Office of Environment
and Energy (AEE-400), Federal Aviation Administration, 800 Independence
Avenue SW., Washington, DC 20591; telephone (202) 267-9890; email
donald.scata@faa.gov.
SUPPLEMENTARY INFORMATION: The National Environmental Policy Act (NEPA)
establishes a broad national policy to protect the quality of the human
environment and ensures that environmental considerations are given
careful attention and appropriate weight in decisions of the Federal
Government. Regulations promulgated by the Council on Environmental
Quality (CEQ) (40 CFR parts 1500-1508) implement Section 102(2) of
NEPA, which contains the ``action-forcing'' provisions to ensure that
Federal agencies act according to the letter and spirit of NEPA. 40 CFR
1505.1 requires Federal agencies to develop and, as needed, revise
implementing procedures consistent with the CEQ regulations.
The FAA's current Order 1050.1E, Environmental Impact: Policies and
Procedures, provides FAA's policy and procedures for complying with the
requirements of: (a) The CEQ
[[Page 49597]]
regulations for implementing the procedural provisions of NEPA; (b)
Department of Transportation (DOT) Order DOT 5610.1C, Procedures for
Considering Environmental Impacts, and (c) other applicable
environmental laws, regulations, and executive orders and policies. The
FAA is proposing to replace Order 1050.1E with Order 1050.1F.
Request for Comment
As part of revising its environmental order, the FAA is seeking
comment regarding the proposed changes described below.
Synopsis of Proposed Changes
The proposed FAA Order 1050.1F, Environmental Impacts: Policies and
Procedures, includes 29 additions or changes to the current version of
FAA Order 1050.1E which may be of interest to the public and other
government agencies and organizations. In general, Order 1050.1E has
been reorganized to be more clear and concise. In addition, updates to
policy and guidance since the publication of 1050.1E Change 1 in 2006
have been incorporated into proposed FAA Order 1050.1F. The following
descriptions provide more details on the proposed changes.
Change 1 moves the information in Appendix A of FAA Order 1050.1E,
Analysis of Environmental Impact Categories, to the 1050.1F Desk
Reference, which can be easily updated as necessary. FAA specific
analysis, modeling, and documentation requirements that were contained
in Appendix A of FAA Order 1050.1E have been moved to a new Appendix B
of FAA Order 1050.1F. These include requirements such as using an FAA
approved model for noise analysis.
Change 2 restructures the Order to streamline and focus the
discussion, reduce redundancies, and improve the clarity of guidance
for NEPA practitioners. Order 1050.1F is divided into eleven chapters
as opposed to the five chapters of 1050.1E. The numbering and structure
are changed to more closely follow FAA Order 1320.1, FAA Directives
Management. In addition, systematic editorial changes have been applied
to ensure 1050.1F is consistent with the FAA's plain language
guidelines as established in FAA Order 1000.36, FAA Writing Standards
(e.g., changes use of the term ``shall'' to ``should'' or ``must'').
Change 3 expands and updates the FAA's policy statement to include
the FAA's goals of ensuring timely, effective, and efficient
environmental reviews of proposed Next Generation Air Transportation
System (also known as NextGen) improvements, consistent with Executive
Order 13604, Improving Performance of Federal Permitting and Review of
Infrastructure Projects, 77 Federal Register 18887 (March 28, 2012)
(see Paragraph 1-8). The updated policy also includes an environmental
management system (EMS) approach that is being used to improve the
integration of environmental performance into the planning, decision-
making, and operation of NextGen in furtherance of the goal of
environmental protection that allows sustained aviation growth.
Finally, the policy reflects legislative provisions in FAA
reauthorization to expedite the environmental review process for
certain air traffic procedures.
Change 4 updates the titles and roles of FAA Lines of Businesses
and Staff Offices (LOB/SOs) to reflect changes to the FAA's
organizational structure and responsibilities since publication of FAA
Order 1050.1E (see Paragraph 2-2.1.b). These revisions include removal
of Aviation Policy, Planning, and Environment (AEP) and International
Aviation (API), since these divisions have been combined to form a new
office known as Policy, International Affairs and Environment (APL). In
addition, Financial Services (ABA) is now known as Finance and
Management (AFN), and Regulation and Certification (AVR) is now
Aviation Safety (AVS). The Region and Center Operations (ARC) is now
located under Human Resource Management (AHR). FAA has added two staff
offices: NextGen (ANG) and Office of Communications (AOC).
Change 5 clarifies and explains in more detail the FAA's
responsibilities (see Paragraph 2-2.1) and the role of applicants and
contractors in the FAA's NEPA process (see paragraphs 2-2.2 and 2-2.3).
Order 1050.1E did not break out the roles of contractors and
applicants, and thus it was difficult for practitioners to clearly
understand roles and responsibilities that applicants and contractors
may have as the FAA carries out its NEPA requirements.
Change 6 clarifies the similarities and differences between
environmental assessments and environmental impact statements
throughout the Order. The terminology EIS or EA has been replaced with
NEPA documentation when guidance would apply to either type of document
to help clarify section 206a of 1050.1E which states that requirements
that apply to EIS's may also be used for the preparation of EA's.
Alternatively, when guidance is specific to an EA or to an EIS, but not
to both, the appropriate type of document is stated. Specifically,
Order 1050.1F explains in more detail than 1050.1E paragraphs 405 d, e,
and f the requirement to consider connected actions in environmental
assessments.
Change 7 reorganizes and clarifies provisions relating to
mitigation including updating the guidance to be consistent with CEQ's
guidance on Appropriate use of Mitigation and Monitoring and Clarifying
the Appropriate use of Mitigated Finding of No Significant Impacts
(January 24, 2011) (see Paragraphs 2-3.6, 4-4, 6-2.3, and 7-1.1.h). The
proposed changes also clarify which projects may warrant environmental
monitoring and the type and extent of monitoring.
Change 8 adds a discussion of Environmental Management System (EMS)
to highlight the importance of EMS and the potential benefit of
aligning NEPA with the elements of EMS (see Paragraph 2-3.3).
Change 9 revises the list of actions normally requiring an EA to
align more clearly and accurately with the FAA's experience of actions
which normally involve the preparation of an EA.
Actions newly identified as normally requiring an EA are in
Paragraph 3-1.2b(14): Establishment or modification of an Instrument
Flight Rules Military Training Route (IR MTRs); and Paragraph 3-
1.2b(17): Formal and informal runway use programs that may
significantly increase noise over noise-sensitive areas.
Actions normally requiring an EA that are amended include
Paragraphs 3-1.2b(2), 10-13, 15, and 16.
Paragraph 3-1.2b(2) modifies the language of 401b of 1050.1E to
include all types of certificates for aircraft types for which
environmental regulations have not been issued, and new amended engine
types for which emission regulations have not been issued where an
environmental analysis has not been prepared with a regulatory action.
Paragraph 3-1.2b(10), formally 401k of 1050.1E, was changed to
limit the typical EA to new commercial service airport locations that
would not be located in a Metropolitan Statistical Area (MSA). In
addition, the description of a new runway was limited by stating that
the new runway is at an existing airport that is not located in an MSA.
Major runway extension projects were removed from this list and added
to the list of actions that typically require an environmental impact
statement.
Paragraph 3-1.2b(11) changes 401l of 1050.1E to provide more
clarity when the issuance of operations specifications normally
requires an EA; specifically any approval of operations specifications
that may change the character of the operational
[[Page 49598]]
environment when authorizing passenger or cargo service, or authorizing
an operator to serve an airport with different aircraft when that
service may significantly increase noise, air, or other environmental
impacts.
Paragraphs 3-1.2b(12) and (13) amend 401m and 401n of 1050.1E,
respectively, to include a caveat that certain procedures may be
categorically excluded under new legislative categorical exclusions in
the FAA Modernization and Reform Act of 2012. Paragraph 3.1.2b(12)
describes as normally requiring an EA: New instrument approach
procedures, departure procedures, en route procedures, and
modifications to currently approved instrument procedures which
routinely route aircraft over noise sensitive areas at less than 3,000
feet above ground level (AGL) (unless otherwise categorically excluded
under Paragraphs 5-6.5q or 5-6.5r). Paragraph 3.1.2b(13) describes as
normally requiring an EA: New or revised air traffic control procedures
which routinely route air traffic over noise sensitive areas at less
than 3,000 feet AGL (unless otherwise categorically excluded under
Paragraphs 5-6.5q or 5.6.5r).
Paragraph 3-1.2b(15) modifies 401p of 1050.1E to remove the four
requirements for the notice of proposed rulemaking for Special Use
Airspace projects since these criteria are not based on environmental
impact, but on the process for establishing special use airspace. The
proposed paragraph describes actions normally requiring an EA: Special
Use Airspace (unless otherwise explicitly listed as an advisory action
(see Paragraph 2-1.2b, Advisory Actions) or categorically excluded
under Paragraph 5-6, the FAA's List of Approved CATEXs).
Paragraph 3-1.2b(16) modifies 401c of 1050.1E to clarify the type
of commercial space launch actions that normally require an EA. The
proposed paragraph states issuance of any of the following requires an
EA: (a) A commercial space launch site operator license for operation
of a launch site at an existing facility on disturbed ground where
little to no infrastructure would be constructed (e.g., co-located with
a federal range or municipal airport); or (b) A commercial space launch
license, reentry license, or experimental permit to operate a vehicle
to/from an existing site.
Change 10 modifies and re-organizes the text in Paragraph 501 of
FAA Order 1050.1E on EIS and adds the following specific examples of
actions normally requiring an EIS (see Paragraphs 3-1.3.b). (1) Federal
financial participation in, or unconditional ALP approval of, the
following categories of airport actions: (a) Location of a new
commercial service airport in an MSA; (b) A new runway to accommodate
air carrier aircraft at a commercial service airport in an MSA; and (c)
major runway extension; and (2) issuance of a commercial space launch
site operator license, launch license, or experimental permit to
support activities requiring the construction of a new commercial space
launch site on largely undisturbed ground.
Change 11 combines the discussion of programmatic NEPA documents
and tiering and revises the text to more closely align with CEQ
Regulations and guidance (see Paragraph 3-2).
Change 12 adds a new Chapter 4 to describe environmental impact
categories, significance thresholds, and factors to consider in
determining the significance of environmental impacts. These details
were previously discussed in Appendix A of FAA Order 1050.1E. There are
additions and modifications to the list of impact categories. Climate
has been added to the list of impact categories to be considered in FAA
NEPA documents, consistent with CEQ's 2010 Draft NEPA Guidance on
Consideration of the Effects of Climate Change and Greenhouse Gas
Emissions and FAA Order 1050.1E Guidance Memo 3, Considering
Greenhouse Gases and Climate under the National Environmental Policy
Act (NEPA): Interim Guidance. Noise and noise-compatible land use have
been combined into a single impact category to provide better context
and clarity. The remaining land use topics are discussed as a separate
category. Water Resource impacts have been combined to include water
quality, wetlands, floodplains, surface waters, groundwater, and wild
and scenic rivers. Construction and secondary impacts have been removed
as separate categories, and instead are to be analyzed within each
applicable environmental impact category. Further guidance on impact
category analysis is contained within the 1050.1F Desk Reference.
Change 13 provides a table in paragraph 4-3.3 that summarizes the
significance thresholds that were formerly described under individual
environmental impact categories in Appendix A of FAA Order 1050.1E.
This table also includes Factors to Consider in making determinations
of significant impact. There are modifications to significance
thresholds: (1) Surface Waters now includes ``contaminate a public
drinking water supply such that public health may be adversely
affected'' as a threshold and (2) Groundwater contains ``contaminate an
aquifer used for public water supply such that public health may be
adversely affected'' as a threshold. (See Exhibit 4-1, Significance
Determination for FAA Actions).
Change 14 revises the list of extraordinary circumstances (see
Paragraph 5-2.b). National marine sanctuaries and wilderness areas have
been added to the list of resources that must be considered in
evaluating actions for extraordinary circumstances that would preclude
the use of a categorical exclusion for a proposed action. Makes other
text revisions, including modifying (1) the description of wild and
scenic rivers [EME: Deleted b/c use of word ``modifying'' before
sentence] to be consistent with CEQ's August 10, 1980, Memorandum on
Procedures for Interagency Consultation to Avoid or Mitigate Adverse
Effects on Rivers in the Nationwide Inventory; and (2) the description
of hazardous materials likely to cause environmental contamination by
hazardous materials, or likely to disturb an existing hazardous
material contamination site such that new environmental contamination
risks are created.
Change 15 updates the FAA's guidance regarding CATEX documentation
to be consistent with CEQ's 2010 Guidance on Establishing, Applying,
and Revising Categorical Exclusions under National Environmental Policy
Act [NEPA] (November 23, 2010) (see Paragraph 5-3). These updates
include: clarifying when and what level of documentation is needed in
the application of a CATEX and explaining what to include in CATEX
documentation. In addition, there is a new section providing
information on combining a decision document with a CATEX (CATEX/RODs).
CATEX/RODs are not commonly used, but may be advisable in unique
circumstances.
Change 16 adds guidance on public notification of CATEX use,
consistent with CEQ's 2010 Guidance on Establishing, Applying, and
Revising Categorical Exclusions under National Environmental Policy Act
(November 23, 2010) (see Paragraph 5-4).
Change 17 adds new CATEXs and revises existing CATEXs to
accommodate actions that do not have the potential to significantly
affect the environment, absent extraordinary circumstances. A
categorical exclusion justification package is available at https://www.faa.gov/about/office_org/headquarters_-offices/apl/environ--
policy--guidance/policy/. New CATEXs are the following:
[[Page 49599]]
Paragraph 5-6.3i adds a categorical exclusion for the unconditional
approval of an Airport Layout Plan (ALP), federal financial assistance,
or FAA projects for the installation of solar or wind powered energy,
provided the installation does not involve more than three total acres.
Paragraph 5-6.4bb adds a categorical exclusion for an unconditional
ALP approval or federal financial assistance for actions related to a
purchase of land for a runway protection zone or other aeronautical
purpose, provided there is no land disturbance.
Paragraph 5-6.4cc adds a categorical exclusion for an unconditional
ALP approval or federal financial assistance to permanently close a
runway and use it as a taxiway at small, low activity airports provided
any changes to lights or pavement would be on previously developed
airport land.
Paragraph 5-6.4dd adds a categorical exclusion for FAA
construction, reconstruction or relocation of a non-Radar, Level 1 air
traffic control tower at an existing visual flight rule airport, or FAA
unconditional approval of an ALP and/or federal funding provided the
action would occur on a previously disturbed area of the airport and
not: (1) cause an increase in the number of aircraft operations, a
change in the time of aircraft operations, or a change in the type of
aircraft operating at the airport; (2) cause a significant noise
increase in noise sensitive areas; or (3) cause significant air quality
impacts.
Paragraph 5-6.4ee adds a categorical exclusion for environmental
investigation of hazardous waste or hazardous substance contamination
on previously developed land provided the work plan or Sampling and
Analysis Plan (SAP) for the project integrates current industry best
practices and address, as applicable, surface restoration, well and
soil boring decommissioning and the collection, storage, handling,
transportation, minimization, and disposal of investigation derived
wastes and other federal or state regulated wastes generated by the
investigation. The work plan or SAP must be coordinated with and, if
required, approved by the appropriate or relevant governmental agency
or agencies prior to commencement of work.
Paragraph 5-6.4ff adds a categorical exclusion for remediation of
hazardous wastes or hazardous substances impacting approximately one
acre in aggregate surface area provided remedial or corrective actions
must be performed in accordance with an approved work plan (i.e.,
remedial action plan, corrective action plan, or similar document) that
documents applicable current industry best practices and addresses, as
applicable, permitting requirements, surface restoration, well and soil
boring decommissioning, and the minimization, collection, storage,
handling, transportation, and disposal of federal or state regulated
wastes. The work plan must be coordinated with, and if required,
approved by, the appropriate governmental agency or agencies prior to
the commencement of work.
As a matter of policy, actions under the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA) and
corrective actions under the Resource Conservation and Recovery Act
(RCRA) generally do not require separate analysis under NEPA or the
preparation of a NEPA document. FAA will rely on CERCLA processes for
environmental review of actions to be taken under CERCLA, and will
address NEPA values to the extent practicable. As a matter of law,
there is a statutory conflict between NEPA and CERCLA; NEPA, therefore,
does not apply to CERCLA cleanup actions. FAA may rely on the CERCLA
process for RCRA corrective actions if the action is to be taken under
a compliance agreement for an FAA site on the CERCLA National
Priorities List that integrates the requirements of RCRA and CERCLA to
such an extent that the requirements are largely inseparable in a
practical sense.
Paragraph 5-6.5f adds a categorical exclusion for actions to
increase the altitude of special use airspace.
In addition, two legislative CATEXs, provided in section 213(c) of
the FAA Modernization and Reform Act of 2012, are added (see Paragraphs
5-6.5q and 5-6.5r). One allows for a categorical exclusion for Area
Navigation/Required Navigation Performance (RNP) procedures proposed
for core airports and any medium or small hub airports located within
the same metroplex area, and for RNP procedures proposed at 35 non-core
airports selected by the Administrator, subject to extraordinary
circumstances. The second provides a categorical exclusion for any
navigation performance or other performance based navigation procedure
developed, certified, published, or implemented that, in the
determination of the Administrator, would result in measurable
reductions in fuel consumption, carbon dioxide emissions, and noise on
a per flight basis as compared to aircraft operations that follow
existing instrument flight rules procedures in the same airspace
irrespective of the altitude.
CATEXs that are amended include the following:
Paragraph 5-6.4e (formerly 310e), is modified to include widening
of a taxiway, apron, loading ramp, or runway safety area (RSA)
including an RSA using Engineered Material Arresting System (EMAS), or
widening of an existing runway.
Paragraph 5-6.4i (formerly 310i) is modified to allow for financial
assistance for or unconditional approval of an ALP for the demolition
or removal of non-FAA owned buildings and structures on airports except
those of historic archeological or architectural significance. This
CATEX also adds the expansion of a facility or structure where no
hazardous substance contamination or contaminated equipment is present
on the site.
Paragraph 5-6.4u (formerly 310u) is expanded to include
unconditional approval of an ALP for the installation, repair or
replacement of on-airport aboveground storage tanks or underground
storage tanks. The CATEX further clarifies that the closure and removal
applies to the fuel storage tank, and remediation applies to the
contaminants resulting from the use of the fuel storage tank. It also
clarifies that distribution systems are not within the scope of the
CATEX.
Paragraph 5-6.5l (formerly 311l) is modified to allow for Federal
financial assistance, unconditional ALP approval, or other FAA action
to establish a displaced threshold on an existing runway. It further
states that removal or establishment of a displaced threshold is
allowed within the scope of the categorical exclusion provided the
action does not require establishing or relocating an approach light
system that is not on airport property or an instrument landing system.
CATEXs that are slightly modified are as follows:
Paragraph 5-6.2c (formerly 308c) is modified to include operating
certificates. This is a clarification since these certificates are the
same as the previously mentioned certificates.
Paragraph 5-6.3h (formerly 309h) is revised for clarity. The
terminology ``launch facility'' is changed to ``commercial space launch
site.''14 CFR part 107, Airport Security, no longer exists and has been
removed.
Paragraph 5-6.4f (formerly 310f) is modified to include hangers and
t-hangers as long as any increase in aircraft does not contribute to
significant noise increases in noise sensitive areas or significant
increases in air emissions.
Paragraph 5-6.4h (formerly 310h) has been clarified to include non-
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aeronautical uses at existing airports or commercial space launch
sites.
Paragraph 5-6.5b (formerly 311b) adds clarification that this
applies to establishment of jet routes as they are one type of federal
airway.
Paragraph 5-6.5c (formerly 311c) adds the example ``reduction in
times of use (e.g., from continuous to intermittent, or use by a Notice
to Airmen (NOTAM)'' to the list of ``such as'' actions. This clarifies
that actions to return all or part of special use airspace (SUA) to the
National Airspace System (NAS) includes reduction in times of use.
Paragraph 5-6.5g (formerly 311g) is slightly modified to include
``Required Navigation Performance'' (RNP). It also specifies that a
Noise Screening Tool or other FAA-approved environmental screening
methodology should be used.
Paragraph 5-6.5h (formerly 311h) is slightly modified to include
``modification'' of helicopter routes to clarify that establishment of
helicopter routes also includes modification of these routes as long as
they channel helicopter activity over major thoroughfares.
Paragraph 5-6.5i (formerly 311i) updates reference to a Noise
Screening Tool (NST) or other FAA approved environmental screening
methodology.
Paragraph 5-6.6b is modified to provide clarity that the
categorical exclusion applies to an aerobatic practice area containing
one aerobatic practice box in accordance with 1050.1E Guidance Memo
5, Clarification of FAA Order 1050.1E CATEX 312b to Aerobatic
Actions.
Change 18 revises the discussion of EA format and process to
streamline the explanation of each element and clarify that an EA
should be concise and focused and should not be as detailed as an EIS
(see Paragraph 6-2). Since this section has been reduced in detail,
there are cross-references to the corresponding EIS sections for
environmental assessments that may need to be more substantial.
Change 19 revises the language in notices soliciting public comment
on draft EAs and draft EISs, stating that personal information provided
by commenters (e.g., addresses, phone numbers, and email addresses) may
be made publicly available (see Paragraphs 6-2.2.e and 7-1.2.d(1)(a)).
Change 20 adds a new paragraph to explain the conditions under
which the FAA may choose to terminate preparation of an EIS and
clarifies what steps the FAA should take when this situation occurs
(see Paragraph 7-1.3).
Change 21 adds a discussion of FAA policy with respect to
consideration of transboundary impacts resulting from FAA actions (see
Paragraph 8-3).
Change 22 updates the discussion of international actions to be
consistent with DOT Order 5610.1, including guidance on coordination
within the FAA/DOT and U.S. State Department when communication with
foreign governments is needed (see Paragraph 8-4).
Change 23 clarifies the alternative process to consider
environmental impacts before taking emergency actions necessary to
protect the lives and safety of the public in emergency circumstances.
These alternative arrangements are limited to actions necessary to
control the immediate impacts of an emergency. Order 1050.1F expands
this section to provide for emergency procedures when a CATEX or EA
would be the appropriate level of NEPA review (see Paragraph 8-5).
Change 24 clarifies and expands on requirements relating to FAA
adoption of other agencies' NEPA documents (see Paragraph 8-7).
Clarifies requirements for legal sufficiency review of adopted
documents and when this review is required (see Paragraph 8-7.d). Also
adds a discussion of recirculation requirements for EISs to highlight
that there are some circumstances in which adopted documents must be
re-circulated (see Paragraph 8-7.f).
Change 25 clarifies that there is no specified format for written
re-evaluations. It also adds a statement to explain that written re-
evaluations may be prepared even when they are not required. In
addition, this section also adds a discussion of combining decision
documents with written re-evaluations (i.e., a ``WR/ROD'') (see
Paragraph 9-2).
Change 26 streamlines, consolidates, and clarifies provisions
relating to review, approval, and signature authority for FAA NEPA
documents (see Chapter 10).
Change 27 revises text in Paragraph 11-2 to clarify the authority
of various parties and to be consistent with other FAA Orders (see
Paragraph 11-2).
Change 28 clarifies provisions relating to explanatory guidance
(see Paragraph 11-4).
Change 29 adds definitions of ``NEPA lead'' and ``special purpose
laws and requirements.'' It deletes the definition of ``Environmental
Due Diligence Audit'' because this term is no longer used in FAA Order
1050.1F. Definitions of ``environmental studies'', ``approving
official'', and ``decisionmaker'' are revised to reflect current
practice. The definition of ``launch facility'' is changed to
``commercial space launch site'' to be consistent with 14 CFR part 420.
The definition of ``noise sensitive area'' is revised to include a
reference to Table 1 of 14 CFR part 150 rather than Appendix A of FAA
Order 1050.1E, to provide context in light of the removal of Appendix A
from proposed Order 1050.1F. (See Paragraph 11-5.b).
Issued in Washington, DC, on August 9, 2013.
Lourdes Q. Maurice,
Executive Director, Office of Environment and Energy.
[FR Doc. 2013-19734 Filed 8-13-13; 8:45 am]
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