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1. THE PUBLIC LAW. The following congressional

acts and executive orders implemented through FAA

regulations and orders require consideration and action by

Flight Standards Aviation Safety Inspectors (ASIs).

A. The Federal Aviation Act of 1958 (FA Act). Section

611 of the FA Act, as amended in 1968, directs the FAA to

provide present and future relief and protection to the

public health and welfare by the control and abatement of

aircraft noise. The FAA must consider whether noise

abatement regulations are economically reasonable,

technologically practicable, and appropriate for the

particular type of aircraft.

B. The National Environmental Policy Act of 1969

(NEPA). This public law establishes a broad national

policy to promote efforts for improving the relationship

between human beings and their environment. The National

Environmental Policy Act sets certain policies and goals

concerning the environment and requires that to the fullest

extent possible, the policies, regulations, and public laws of

the United States shall be interpreted and administered in

accordance with those policies and goals. The National

Environmental Policy Act requires that all “major Federal

actions” be evaluated for environmental impact through

multi-disciplinary studies.

C. Executive Order No. 11514. This order, issued in

1970, directs all federal agencies to monitor, evaluate, and

control their activities to protect and enhance the quality of

the environment. This order also requires the review of

regulations, policies, and procedures relating to licenses

and permits. It further requires implementation of any

corrective action necessary to ensure compliance and

consistency with the National Environmental Policy Act.

3. ENVIRONMENTAL RESPONSIBILITIES. Flight

Standards environmental responsibilities are stated in

paragraph 1 of Appendix 4 of FAA Order 1050.1D,

Policies and Procedures for Considering Environmental

Impacts. Normally, the district/field office responsible for

the action is also responsible for the environmental assessment.

A. If additional aircraft operations will significantly

impact the environment, certain procedural reviews which

consider the “public need” must be accomplished before an

operator’s operations specifications are issued or amended.

B. The FAA and its employees are also responsible for

ensuring compliance with regulations and procedures

established to protect and enhance the environment. The

following sections provide direction and guidance for

fulfilling Flight Standards’ responsibility with respect to

the national environment.

5. AVAILABILITY OF ASSISTANCE. A thorough

discussion on the subject of environmental and aircraft

noise requirements is not possible within the framework of

this handbook. Additional information is contained in FAA

Orders 1050.13A and 1050.1D. ASIs should not hesitate to

request assistance.

A. Assistance is available through the regionally

assigned Noise Abatement Officer (NAO) (FAA Order

1050.11A) and Washington Headquarters staff personnel in

the Office of Environment and Energy (AEE-110 and AEE120).

B. Assistance on performance and aircraft noise

considerations is available through the appropriate Aircraft

Evaluation Groups (AEG’s) and AFS-300.

C. Regional flight procedures staff personnel can often

provide assistance on departure and arrival procedures

established for noise abatement purposes.

D. Questions concerning flight crew operational

procedures for noise abatement procedures should be

directed to Headquarters Flight Standards staff personnel

(AFS-300).

CHAPTER 7 ENVIRONMENTAL CONSIDERATIONS AND RESPONSIBILITIES

Section 1 Background
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1. PERTINENT REGULATIONS AND ORDERS

A. As a result of Section 611 of the FA Act, the FAA

adopted FAR Part 36 (effective December 1, 1969), which

establishes noise standards for issuance of aircraft type

certificates and changes to those certificates and standard

airworthiness certificates. To complement Part 36, the

FAA issued FAR Part 91, Subpart E (effective

January 24, 1977), requiring civil, subsonic turbojet aircraft

over 75,000 pounds not meeting the Part 36 noise standards

to be modified by January 1, 1985, if these aircraft are to

operate at U.S. airports.

B. Special Federal Aviation Regulation No. 47

(SFAR 47, effective February 26, 1985) provides for

limited issuance of special flight authorizations to conduct

certain nonrevenue operations that are otherwise prohibited

by the noise restrictions in Far Part 91, Subpart E.

Permissible operations include flights to an airport for

alterations to achieve noise compliance, exportation of the

aircraft, and scrapping the airplane. These special flight

authorizations are issued by the Office of Environment and

Energy (AEE-1).

C. FAA Order 1050.13A establishes procedures and

assigns responsibilities for aircraft noise compliance plans

submitted by U.S. operators under Far Part 91, Subpart E.

3. FLIGHT STANDARDS RESPONSIBILITIES. As

of January 1, 1985, all civil turbojet aircraft with maximum

weights of more than 75,000 pounds that are U.S.-

registered, have standard airworthiness certificates (or

equivalent aircraft which are foreign registered), and

operate into U.S. airports must have been shown to comply

with Stage 2 or Stage 3 noise levels as specified in

Appendix C of FAR Part 36. The showing of compliance,

for aircraft issued original standard airworthiness

certificates after the appropriate dates specified in FAR

§ 36.1, is accomplished during the aircraft certification

process.

A. Operators of these aircraft automatically comply

with Far Part 91, Subpart E aircraft noise requirements and

no specific Flight Standards responsibilities are defined.

Operators of aircraft issued original standard airworthiness

certificates before the appropriate dates specified in FAR §

36.1 were required by FAR Part 91, Subpart E to make a

specific showing of compliance or submit a compliance

plan and status reports to the Office of Environment and

Energy (AEE-1). Alternatively, the operator may apply for

an exemption from that office.

B. Questions concerning a specific aircraft type or a

specific operator’s compliance status with FAR Part 91,

Subpart E should be directed to AEE-110. In addition,

AEE-110 will provide copies of compliance plans, status

reports, and any exemptions upon request. With respect to

aircraft noise and Far Part 91, Subpart E requirements,

Flight Standards inspectors are responsible for the

following:

(1) Any flight operation suspected of being in violation of Far Part 91, Subpart E. An investigation must be initiated and an Enforcement Investigation Report prepared if

appropriate (see Order 2150.3, Compliance and Enforcement Program). Upon initiation of an investigation, AEE-1

and the Regional Flight Standards Division shall be notified. Assistance may be requested from these offices if considered necessary.

(2) When known, the Regional Flight Standards

Division will be notified of any operator who has failed to

submit the compliance plans and status reports required by

FAR § 91.308. The Flight Standards Division will also be

notified when it is suspected that an operator has failed to

comply with his submitted compliance plan. The Flight

Standards Division will, in turn, notify AEE-1 and

Regional Counsel. ASIs inspectors will take action only

when directed by the Regional Flight Standards Division in

coordination with both the Regional Counsel and AEE-1.

(3) Surveillance of assigned FAR Part 121, 135,

and 125 certificate holders (including Part 125 deviation

holders) who operate Stage 1 aircraft under FAR § 91.301

to ensure the following:

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(a) An appropriate exemption (either under FAR

Part 11 or § 91.307) is aboard each aircraft.

(b) The operator continues to provide the AEE-110

with current compliance plan status reports as required by

FAR § 91.308. Order 1050.13A provides additional

information on required compliance plans and status reports.

(c) The operator is complying with all exemption

restrictions, such as night curfews.

(d) District offices having responsibility for FAR

Part 129 operators should conduct liaison and/or

surveillance as necessary to determine compliance with the

Part 91 noise limits. Suspected violations must be investigated and an enforcement investigative report prepared, if

appropriate.

(e) Surveillance of flight operations conducted

under SFAR 47 to determine the following:

• A special flight authorization is on board the

airplane during all operations at U.S. airports

• The operator is complying with all conditions

and limitations established by the authorization

• The airplane has an appropriate airworthiness

certificate or ferry permit to perform the flight

1. GENERAL. The National Environmental Policy Act

and Executive Order 11514 require federal agencies to

assess the potential impact which any major federal action

will have on the environment. Order 1050.1D is the FAA’s

directive that implements the requirements of the National

Environmental Policy Act and Executive Order 11514.

This section describes situations where ASI shall prepare

an Environmental Assessment (EA) and provides direction

and guidance for following the appropriate environmental

analysis procedures outlined in Attachment 2 of Order

1050.1D.

3. TYPES OF ACTION REQUIRING AN

ENVIRONMENTAL ASSESSMENT BY FIELD

INSPECTORS. Operations specifications authorize the

use of specific airports for scheduled passenger-carrying

operations. The issuance of an air carrier certificate or

operating certificate and associated operations

specifications, in addition to the amendment of current

operations specifications, may significantly change the

character of the operational environment of an airport.

Thus, the ASI responsible for the issuance or amendment of

certain operations specifications is also responsible for the

preparation of the Environmental Assessment. Normally,

the following situations will require the preparation of an

Environmental Assessment:

• Amendment of any operations specifications

authorizing an operator to use turbojet

airplanes for scheduled passenger service into

an airport not previously serviced by any

scheduled passenger-carrying turbojet

airplanes

• Issuance or amendment of any operations

specifications authorizing an operator to use

the Concorde for any scheduled/nonscheduled

service into an airport, unless an

environmental assessment for such service

has been previously prepared

• Issuance of any operations specifications to a

scheduled passenger-carrying operator to

initially authorize the use of turbojet

airplanes and to serve an airport not

previously serviced by scheduled passengercarrying turbojet airplanes

5. OFFICIAL RESPONSIBLE FOR ACCOMPLISHING

THE ENVIRONMENTAL ASSESSMENT

A. Administrative procedures require the governmental

official who finalizes the federal action to also decide what

actions will be taken as a result of the environmental assessSection 3 Environmental Assessments
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ment. In most cases, this official will be the assigned Principal Operations Inspector responsible for approving operations specifications that authorize airports for scheduled

passenger service with turbojet aircraft.

B. Due to the varied and complex procedures used in

determining whether a particular operation will have a

significant impact on the environment, the Principal

Operations Inspector must coordinate significant noise

activities with appropriate offices. The Principal Operations

Inspector or Certification Project Manager (CPM) will

coordinate through the certificate holding regional Noise

Abatement Officer with the affected geographic regional

Noise Abatement Officer when an Environmental

Assessment is required for operations at an airport outside

the certificate holding region.

7. COLLECTION OF INFORMATION 

A. To prepare an Environmental Assessment, certain

types of information must be collected. When an applicant

air operator is involved in the certification process, the

Certification Project Manager is responsible for collecting

the information from the operator. In other situations, the

Principal Operations Inspector assigned to the operator is

responsible for collecting the information from the

operator. The operator shall be advised that this information

is necessary for preparing an Environmental Assessment

and that an Environmental Assessment is required before

the operations specifications can be issued or amended.

B. The operator may prepare the Environmental

Assessment or contract with another person to prepare the

Environmental Assessment. The operator should be advised

that the Environmental Assessment report must be prepared

in accordance with Order 1050.1D. Most private

contractors who perform this type of work are familiar with

this order. The operator-prepared Environmental

Assessment must be forwarded to the responsible ASI for

processing.

C. The information that must be collected is described

as follows:

• Proposed airports at which scheduled

passenger turbojet aircraft service will be

introduced

• Type aircraft and engines to be used

• Number of proposed scheduled passengercarrying operations per day

• Number of proposed landing and takeoff

operations during daytime (0700-2159 local)

at airports to be served

• Number of proposed landing and takeoff

operations during nighttime (2200-0659 local)

at airports to be served

• Operator’s long range plans (1 to 2 years) to

include planned service expansion, planned

changes to service to new airports, planned

changes in flight frequency, and planned

changes in daytime or nighttime scheduled

passenger-carrying operations

9. PROCESSING THE ENVIRONMENTAL

ASSESSMENT

A. Attachment 2 of Order 1050.1D identifies the

environmental subjects and outlines the procedures to be

used in preparing an Environmental Assessment.

Normally, aircraft noise will be the primary subject of a

Flight Standards Environmental Assessment to support the

issuance or amendment of operations specifications.

B. Upon receipt of the operational information

described in paragraph 1145, a noise analysis will be

performed using the Area Equivalent Method (AEM)

discussed in paragraph 1 of Attachment 2 of Order 1050.1D

and in FAA Report No. EE-84-12. Assistance is available

from both the regionally assigned Noise Abatement Officer

and AEE-110/120. For example, the Certification Project

Manager or Principal Operations Inspector may mail the

operational information to AEE-110/120 with a request to

perform the Area Equivalent Method noise analysis.

C. Generally, if the results of the Area Equivalent Method

calculations show less than a 17 percent increase in the Decibel

Noise Level (DNL) area contour, it may be concluded that the

Federal action would not significantly change the operational

environment of the airport and a Finding Of No
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Significant Impact (FONSI) should be prepared. The preparation of the Finding Of No Significant Impact in accordance with chapter 4 of Order 1050.1D is the responsibility

of the Certification Project Manager or the Principal Operations Inspector.

D. In the event that the Area Equivalent Method

calculations show at least a 17 percent increase in the

Decibel Noise Level contour, the FAA’s Integrated Noise

Model (INM) or an FAA-approved equivalent computer

model will be used to perform a noise sensitive area

analysis. Such events should seldom occur because more

quiet and fuel efficient turbojet aircraft are being used to

introduce or increase scheduled passenger service at small

and medium hub airports. The Integrated Noise Model

calculation may also be performed by AEE-120 and the

results and recommendation would be provided to the

Certification Project Manager or Principal Operations

Inspector who would be responsible for preparing and

coordinating the Finding of No Significant Impact which

may be approved by the regional director or designee. An

Environmental Impact Statement (EIS) may be recommended

by AEE-120.

E. In case of doubt as to whether an Environmental

Impact Statement is necessary, the Flight Standards Division

Manager or designee shall consult with the regional Noise

Abatement Officer, AEE-1, and AGC-1. If an Environmental

Impact Statement is required, the Flight Standards Division

Manager or designee shall advise the operator and obtain

any additional information necessary to prepare a draft

Environ-mental Impact Statement. The new or amended

operations specifications will not be issued until all issues

and questions associated with the Environmental Impact

Statement are fully resolved and the regional director has

concurred with the issuance or amendment of the operations

specifications. No decision on the proposed action can be

made until 90 days after the Environmental Protection

Agency has published a notice in the Federal Register for a

draft Environmental Impact Statement or 30 days after

publication of the notice for a final Environmental Impact

Statement. (See Order 1050.1D for Environmental Impact

Statement process.)
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Figure 7-1 SAMPLE ENVIRONMENTAL IMPACT STATEMENT

DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION FINDING OF

NO SIGNIFICANT IMPACT FOR AMENDMENT OF OPERATIONS SPECIFICATIONS

TEE TAIL AIRWAYS, INC. TURBOJET OPERATIONS

A. Proposed Action

Tee Tail Airways, Inc., commencing on or about January 1, 1988, proposes to operate twin engine turbojet Fokker F-28 1000

aircraft over certain of its scheduled passenger air carrier routes. The turbojet aircraft will supplement Tee Tail’s current fleet

of turbopropeller airplanes.

B. Environmental Considerations

1. All aircraft that will be served by Tee Tail’s F-28 aircraft, except for Mount Rock Airport, Anytown USA, are currently

served by scheduled air carriers with turbojet aircraft of equal or greater size.

2. Mount Rock Airport currently accommodates approximately 32,500 aircraft per year, of which approximately 2,490 are

business jets that include Learjets, Gulfstream II’s, Saberliners, Westwinds.

3. Tee Tail Airways proposes to operate only one flight per day into Mount Rock Airport with F-28 aircraft.

4. All operations will be conducted in accordance with established noise abatement rules and procedures.

5. A draft compatibility study recently completed for Mount Rock Airport by Morey Associates, Oxon Hill Airport

Consultants, relative to noise control and land use planning, does not indicate that the frequency of operations at present or

anticipated in the near future are considered to cause a significant impact on the air and water quality, aesthetics, and/or social

conditions. Additionally, construction, wetlands, flood plains, historic sites, coastal zones, and prime farmland considerations

are not involved.

6. According to Advisory Circular AC-36-3B, the Fokker F-28 aircraft estimated DBA at maximum takeoff gross weight is

79.2. This is lower than many business jets and certain models of the B-737 and DC-9 aircraft which operate into most of

the affected airports.

7. According to the Office of Environment and Energy Noise Abatement Division (AEE-100), a computer analysis for

Mount Rock Airport disclosed that the 65 Decibel Noise Level contour would be increased by 6.5 percent from the addition

of one F-28 aircraft flight per day. This is well within the limits established for a finding of no significant impact statement.

The normal increase limit established for that purpose is 17 percent.

8. These flights will be operated during daylight hours only.
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FIGURE 7-1 SAMPLE ENVIRONMENTAL IMPACT STATEMENT

DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION FINDING OF NO SIGNIFICANT 

IMPACT FOR AMENDMENT OF OPERATIONS SPECIFICATIONS

(Continued)

C. Alternatives - No Action.

This alternative was not considered appropriate in this instance.

D. Conclusion

After careful and thorough consideration of the facts contained herein, the undersigned finds that the proposed Federal action

is consistent with existing national environmental policies and objectives as set forth in Section 101(a) of the National

Environmental Policy Act of 1969 (NEPA) and that it will not significantly affect the quality of the human environment or

otherwise include any condition requiring consultation pursuant to Section 102(2)(C) of NEPA.

APPROVED: _______ DATE: 

 REGIONAL DIRECTOR, XXX-1