75374 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Notices 

VI.3. Reporting Requirements 

You must provide ECA with a hard 

copy original plus two copies of the 

following reports: 

Mandatory:

(1) A final program and financial 

report no more than 90 days after the 

conclusion of the program; 

Grantees will be required to provide 

reports analyzing their evaluation 

findings to the Bureau in their regular 

program reports. (Please refer to IV. 

Application and Submission 

Instructions (IV.3d.3) above for Program 

Monitoring and Evaluation 

information.) 

All data collected, including survey 

responses and contact information, must 

be maintained for a minimum of three 

years and provided to the Bureau upon 

request. 

All reports must be sent to the ECA 

Grants Officer and ECA Program Officer 

listed in the final assistance award 

document. 

VI.4. Optional Program Data 

Requirements 

Organizations awarded grants will be 

required to maintain specific data on 

program participants and activities in an 

electronically accessible database format 

that can be shared with the Bureau as 

required. As a minimum, the data must 

include the following: 

(1) Name, address, contact 

information and biographic sketch of all 

persons who travel internationally on 

funds provided by the grant or who 

benefit from the grant funding but do 

not travel.

(2) Itineraries of international and 

domestic travel, providing dates of 

travel and cities in which any exchange 

experiences take place. Final schedules 

for in-country and U.S. activities must 

be received by the ECA Program Officer 

at least three work days prior to the 

official opening of the activity. 

VII. Agency Contacts 

For questions about this 

announcement, contact: Branch for the 

Study of the U.S., ECA/A/E/USS, Room 

Number 252, ECA/A/E/USS 05–08-SA, 

U.S. Department of State, SA–44, 301 

4th Street, SW., Washington, DC 20547, 

telephone number (202) 619–4562 and 

fax number (202) 619–6790, e-mail 

SchmidtRC@state.gov. 

All correspondence with the Bureau 

concerning this RFGP should reference 

the above title and number ECA/A/E/

USS 05–08–SA. 

Please read the complete Federal 

Register announcement before sending 

inquiries or submitting proposals. Once 

the RFGP deadline has passed, Bureau 

staff may not discuss this competition 

with applicants until the proposal 

review process has been completed. 

VIII. Other Information 

Notice: The terms and conditions 

published in this RFGP are binding and 

may not be modified by any Bureau 

representative. Explanatory information 

provided by the Bureau that contradicts 

published language will not be binding. 

Issuance of the RFGP does not 

constitute an award commitment on the 

part of the Government. The Bureau 

reserves the right to reduce, revise, or 

increase proposal budgets in accordance 

with the needs of the program and the 

availability of funds. Awards made will 

be subject to periodic reporting and 

evaluation requirements per section VI.3 

above.

Dated: December 8, 2004. 

Patricia S. Harrison, 

Assistant Secretary for Educational and 

Cultural Affairs, Department of State.

[FR Doc. 04–27555 Filed 12–15–04; 8:45 am] 

BILLING CODE 4710–05–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

[Docket No. FAA–2004–19058; FAA Order 

5050.4B] 

NEPA Implementing Instructions for 

Airport Actions

AGENCY: Federal Aviation 

Administration, DOT.

ACTION: Notice of availability, and 

request for comments on Draft Order 

5050.4B, NEPA implementing 

procedures for airport actions. 

SUMMARY: The Federal Aviation 

Administration’s Office of Airports 

(ARP) is proposing revisions to its 

National Environmental Policy Act 

(NEPA) implementing instructions for 

the airport development projects and 

other airport actions under its authority. 

ARP has prepared a draft order, FAA 

Order 5050.4B, NEPA Implementing 

Procedures for Airport Actions. The 

final version of that order would replace 

Order 5050.4A, Airports Environmental 

Handbook, dated October 8, 1985. The 

proposed order updates and adds to the 

instructions in the 1985 publication and 

is consistent with FAA Order 1050.1E, 

Environmental Impact: Policies and 

Procedures, discussed below. 

The draft order follows the Council on 

Environmental Quality’s (CEQ’s) NEPA 

implementing regulations at 40 CFR Part 

1500 et seq. It also follows DOT’s Order 

5610.C, Policies for Considering 

Environmental Impacts, and FAA Order 

1050.1E, Environmental Impact: Policies 

and Procedures. Information in this 

Notice’s ‘‘Summary of Proposed 

Changes’’ section highlights the most 

substantial changes ARP is proposing 

for Order 5050.4B.

DATES: ARP publishes this order for 

public review and comment. ARP is 

providing a 60-day review period. 

Commenters must file their comments at 

the following address by February 16, 

2005. FAA intends to issue a final 

version of Order 5050.4B by October 31, 

2005.

ADDRESSES: Commenters must provide 3 

copies of their comment letters. 

Commenters must mail their letters to 

the Federal Aviation Administration 

(FAA), Office of the Chief Counsel, Attn: 

Rules Docket (AGC–200), Docket No. 

FAA–2004–19058, 800 Independence 

Ave., SW., Room 915–G, Washington, 

DC 20591. People wishing to review 

comments may do so in Room 915–G at 

the above address, weekdays between 

8:30 a.m. and 5 p.m., eastern time, 

except on Federal holidays. 

Anyone seeking FAA’s recognition of 

receipt of their comments must send a 

self-addressed, stamped postcard with 

their comments. On the postcard, print: 

‘‘Comments to Docket No. FAA–2004–

19058.’’ FAA will date-stamp and return 

the postcard to the commenter.

FOR FURTHER INFORMATION CONTACT:

Please contact Mr. Ed Melisky, 

Environmental Specialist, Community 

and Environmental Needs Division 

(APP–600), Office of Airport Planning 

and Programming, FAA, 800 

Independence Avenue, SW., 

Washington, DC, 20591; telephone (202) 

267–5869.

SUPPLEMENTARY INFORMATION: The 

National Environmental Policy Act 

(NEPA) and the regulations 

implementing it (40 CFR 1500–1508) 

provide Federal agencies with 

instructions on protecting the quality of 

the human and natural environment. 

The law and regulations require Federal 

agencies to carefully evaluate and take 

into account the environmental effects 

of their actions before the agencies make 

their decisions on proposed actions 

having the potential to disturb the 

environment. Section 102(B) of NEPA 

requires Federal agencies to develop 

procedures in consultation with the 

President’s Council on Environmental 

Quality (CEQ) to carry out NEPA and 

CEQ’s regulations for their specific 

activities. 

Draft Order 5050.4B presents ARP’s 

proposed revisions of the NEPA 

instructions in Order 5050.4A, dated 

October 8, 1985. Readers may not use 

Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Notices 75375

the draft to complete any NEPA process. 

They must continue to use FAA Order 

5050.4A, which is now incorporated 

into FAA Order 1050.1E (paragraph 214. 

of Order 1050.1E). If conflicts between 

Orders 1050.1E and 5050.4A arise, 

instructions in 1050.1E supersede those 

in 5050.4A, except for instructions 

addressing internal FAA coordination 

and review of environmental 

documents. In those cases, continue to 

use instructions in FAA Order 5050.4A, 

paragraphs 63, 64, and 95. 

On June 8, 2004, FAA’s Office of 

Environment and Energy issued FAA’s 

revised, agency-wide, NEPA policies 

and procedures. FAA published those 

new instructions in Order 1050.1E, 

which updated FAA instructions last 

changed in October 1986. Order 1050.1E 

provides NEPA implementing 

instructions for all FAA organizations. 

ARP is publishing this Notice of 

Availability for Order 5050.4B to inform 

the public it is supplementing 

instructions in 1050.1E. Although FAA 

has issued agency-wide instructions, 

ARP has traditionally published Order 

5050 to provide detailed instructions for 

airport actions. This ensures FAA’s 

environmental reviewers and airport 

sponsors have NEPA instructions for 

airport actions that comply with Order 

1050.1E. Readers wanting to know how 

other FAA organizations address NEPA 

requirements for non-airport projects 

should see FAA Order 1050.1E.

Request for Comments: ARP believes 

the public and other governmental 

agencies and organizations may be 

interested in the proposed changes draft 

order 5050.4B contains. By this Notice, 

ARP seeks comments on those changes. 

ARP requests that reviewers cite the 

chapter, page, and line number(s) 

corresponding to the text to which the 

comment applies. This will greatly 

facilitate ARP’s review of comments and 

ensure it applies the comment to the 

correct text on each page. The following 

section summarizes the most substantial 

changes to FAA Order 5050.4A. 

Summary of Proposed Changes: Draft 

order 5050.4B, NEPA Implementing 

Procedures for Airport Actions, presents 

proposed revisions to current Order 

5050.4A, Airports Environmental 

Handbook. 

The draft order provides information 

on many issues (see the Table of 

Contents), but the changes discussed 

here are the most important. Reviewers 

should note that the order is reorganized and includes new chapters, 

including one on Environmental 

Streamlining to address the 

requirements of the Century of Aviation 

Re-Authorization Act of 2003 (‘‘Vision 

100’’). 

Change 1. Draft Order 5050.4B 

proposes deleting the summary of 

requirements and procedures under 

special purpose environmental laws, 

regulations, and executive orders found 

in Order 5050.4A, paragraphs 47.e.(1) 

thru (20) and 85.a. thru t. These 

paragraphs addressed various laws, 

regulations, and orders protecting 

environmental resources such as 

wetlands, Federally-listed endangered 

species, or historic properties. ARP 

proposes deleting the portions of these 

paragraphs that summarize 

requirements under other 

environmental review and consultation 

requirements from the Order 5050.4B to 

focus that Order on NEPA requirements. 

ARP is retaining from these paragraphs 

the impact intensity factors used to 

identify the appropriate level of NEPA 

review, as discussed below in Change 3. 

ARP will issue a separate document 

entitled, An Environmental Desk 

Reference for Airport Actions to ensure 

its staff and interested parties have 

information needed to integrate and 

comply with Federal environmental 

laws, regulations, and Executive Orders 

beyond NEPA’s scope. ARP plans to 

provide the Desk Reference to its 

environmental staff and anyone 

interested in that information when it 

issues the final version of Order 

5050.4B.

In proposing to focus Order 5050.4B 

on policies and procedures to 

implement NEPA, ARP is adhering to 

the approach being used by other 

Federal agencies. ARP’s review of NEPA 

implementing instructions published in 

the Federal Register during 2004 shows 

none of the six Federal agencies 

publishing NEPA instructions included 

substantial information about other 

Federal environmental laws, 

regulations, or Executive Orders (e.g.,

Endangered Species Act, Section 106 of 

the National Historic Preservation Act, 

etc.). ARP also is making this change to 

address recommendations it received 

when FAA published Order 1050.1E for 

comment. Some commenters 

recommended that FAA delete 

Appendix A of Order 1050.1E so that 

1050.1E would only provide 

implementing instructions for NEPA. 

Finally, reviewers should note that 

ARP will continue to integrate 

compliance with applicable 

environmental laws, regulations, and 

Executive orders with the NEPA process 

as appropriate. ARP’s proposal to 

remove the summary of requirements 

under environmental laws and 

regulations other than NEPA from Order 

5050.4B is not intended to reflect any 

lack of commitment to meet these 

requirements. 

Change 2. Draft Order 5050.4B 

provides definitions for important terms 

used during ARP’s NEPA analysis for 

airport actions. Among other 

definitions, the draft order modifies 

definitions for the terms ‘‘approving 

FAA official’’ and ‘‘Federal actions.’’ It 

also provides a proposed definition for 

the term ‘‘reasonably foreseeable.’’

Paragraph 8.a. cites FAA Order 

1100.154A, Delegation of Authority, 

dated June 1990, as it relates to the 

approving FAA official to note that 

various environmental decisions may 

occur at different levels. Paragraph 8.d. 

adds the authority to authorize airport 

sponsor requests to impose and use 

Passenger Facility Charges. Readers 

should note that paragraph 8.k. presents 

a proposed definition for the term, 

‘‘reasonably foreseeable’’ to help ARP 

staff better understand future actions a 

cumulative impact analysis should 

include. 

Change 3. Paragraph 3.c. informs the 

reader that ARP proposes to continue to 

use specific factors to determine the 

intensity of impacts airport 

development projects or airport actions 

may cause and the appropriate level of 

NEPA review, in addition to the 

significance thresholds in FAA Order 

1050.1E., Appendix A. ARP proposes to 

continue to use these factors to 

supplement the thresholds in Order 

1050.1E because they reflect ARP 

experience concerning resource-specific 

factors that should be considered for 

projects that involve large amounts of 

ground disturbance. ARP believes 

continued use of these supplemental 

factors will help ARP staff better 

determine impact severity and the 

NEPA document needed to properly 

address those impacts.

Change 4. Paragraph 5.d. informs the 

reader the draft document is available at 

http://www.faa.gov/arp for anyone 

wishing to review an electronic version. 

Change 5. Paragraph 200.c. discusses 

how the final Order would relate to 

FAA Order 1050.1E. It notes Order 

5050.4B supplements Order 1050.1E by 

focusing on detailed information for 

airport development projects and airport 

actions. 

Change 6. Paragraph 200.d. informs 

the reader that Order 5050.4B focuses 

on procedures to implement NEPA. ARP 

will issue a Desk Reference for Airport 

Development Projects to provide ARP 

staff with the instructions they need to 

comply with other Federal 

requirements. Examples of those 

requirements include the Endangered 

Species Act, Section 106 of the National 

Historic Preservation Act, and various 

Executive Orders. 

75376 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Notices 

Change 7. Paragraph 302. discusses 

the importance of sponsors meeting 

with FAA environmental specialists and 

airport planners when developing 

proposed airport actions. This effort is 

intended to help streamline the NEPA 

process. It should help the sponsor 

develop plans very early in the project 

planning phase when the widest range 

of alternatives is available to avoid, if 

possible, potentially significant adverse 

effects on known, specially-protected 

environmental resources (wetlands, 

floodplains, or historic properties, etc.). 

If avoidance is not possible, this effort 

is intended to help the sponsor design 

proposed actions to minimize impacts 

on those resources during the 

preliminary design stage when the 

widest array of design options exists. 

Change 8. Paragraph 306.b. discusses 

the need to consult with Native 

American and Alaska Natives according 

to FAA Order 1210.20, American Indian 

and Alaska Native Tribal Consultation 

Policy and Procedures, dated January 

28, 2004. 

Change 9. Paragraph 403.b. states the 

responsible FAA official may 

categorically exclude only those actions 

on lists in FAA Orders 1050.1. The 

public commented on those exclusions 

during the review period for Order 

1050.1E. Except for two categorical 

exclusions discussed in Changes 17 and 

18, Order 5050.4B (Chapter 4, Tables 1 

and 2) presents alphabetically-arranged 

annotations of the airport portions of the 

categorical exclusions published in 

Order 1050.1E for reference. ARP 

responsible FAA officials must cite FAA 

Order 1050.1E as the ‘‘authorization’’ for 

the categorical exclusion, not FAA 

Order 5050.4B.

To fulfill the commitment FAA made 

in the preamble for FAA Order 1050.1E, 

ARP has provided guidance to help 

define when passenger handling 

facilities are not substantially larger 

than an existing one. ARP proposes 

using the Noise Equivalent Model 

(NEM) and information from Section 2.1 

of the FAA’s Addendum to FAA’s Air 

Quality and Procedures for Civilian 

Airports & Air Force Bases handbook as 

screening tools to help make this 

determination. If a proposed action 

would not trigger levels stated in the 

NEM or in Section 2.1, it is unlikely the 

terminal expansion would cause 

significant noise or air quality problems. 

Of course, the responsible FAA official 

must also examine other extraordinary 

circumstances to ensure the expansion 

does not significantly affect other 

environmental resources. 

Change 10. Paragraph 403.c. explains 

the process that would occur if updates 

to the categorical exclusion lists are 

needed. If ARP experience suggests that 

other airport actions may qualify as 

categorical exclusions, it will propose 

those actions to FAA’s Office of 

Environment and Energy (AEE). AEE, 

which is responsible for FAA’s agencywide NEPA instructions, would 

complete the process needed to 

determine if changes to FAA’s 

categorical exclusion lists are 

warranted. If AEE, after public review, 

determines changes to the categorical 

exclusion lists in FAA Order 1050.1E 

are warranted, it will revise that order 

to include the new actions. 

Change 11. Paragraph 403.e. notes 

that some categorically excluded actions 

rarely involve extraordinary 

circumstances. Table 1 of this paragraph 

alphabetically lists those actions, 

provides an annotation for the action as 

it relates to airports, and the 

paragraph(s) from FAA Order 1050.E 

authorizing the actions as categorical 

exclusions. 

Change 12. Paragraph 403.f. identifies 

categorical exclusions for other airport 

actions. Table 2 of this paragraph 

alphabetically lists those actions, 

provides an annotation for the action as 

it relates to airports, and the 

paragraph(s) from FAA Order 1050.E 

authorizing the actions as categorical 

exclusions. 

Change 13. Readers should note that 

Chapter 4, Table 2, action 13 presents a 

modification of categorical exclusions in 

FAA Order 1050.1E, paragraphs 309g., 

310f., 310n., and 310u. The 

modification addresses proposed 

projects involving low emission 

technology equipment, including the 

Voluntary Airport Low Emission 

Program. ARP believes the cited 

paragraphs from FAA Order 1050.1E 

supports this change because these 

projects normally benefit air quality by 

reducing air quality emissions. As a 

result, they would qualify for a 

categorical exclusion because they do 

not normally cause significant 

environmental effects under NEPA (see 

40 CFR 1058.4).

Change 14. The last entry in Chapter 

4, Table 2 presents a proposed 

modification of the categorical 

exclusion in FAA Order 1050.1E, 

paragraph 310k. The modification 

addresses a categorically excluded 

action affecting waters or wetlands not

under Corps of Engineers jurisdiction 

(‘‘non-jurisdictional waters’’). ARP 

believes this categorical exclusion is 

warranted because it includes only 

those actions whose design would meet 

the same standards as those that would 

be authorized under the Corps of 

Engineers’ National Permit Program 

(NWP), had the project location been 

under the Corps’ jurisdiction. By 

definition, projects qualifying for the 

NWP do not normally cause significant 

environmental impacts. Therefore, they 

meet CEQ’s definition of a 

‘‘categorically excluded action’’ (see 40 

CFR 1508.4). ARP wishes to include this 

categorical exclusion to respond to 

numerous questions on how to address 

airport development projects and 

actions affecting non-jurisdictional 

waters for NEPA purposes. 

Change 15. Paragraph 403.g. provides 

information on categorically excluding 

an airport development project or 

airport action involving a ‘‘specialpurpose Federal environmental law.’’ If 

the action meets both of the specific 

requirements in paragraphs 403.g.(1)(a) 

and (b), FAA may be able to 

categorically exclude those actions. A 

footnote to the paragraph lists those 

‘‘special purpose environmental laws’’

to which this categorical exclusion may 

apply. 

Change 16. For efficiency and user 

reference, paragraph 403.g. includes 

Table 3. The table alphabetically lists 

and annotates extraordinary 

circumstances that FAA Order 1050.1E, 

paragraph 304 presents. Note that ARP 

is proposing a footnote to this table 

defining the terms, ‘‘dividing’’ and 

‘‘disruption’’ of communities. ARP 

presents this proposed definition to 

address numerous questions it receives 

on these somewhat ambiguous terms as 

they relate to coounities airport projects 

may affect. 

Change 17. Paragraph 404. 

recommends that the responsible FAA 

official inform the airport sponsor via 

documentation (via memo, or e-mail) 

that FAA has categorically excluded an 

airport development project or airport 

action. ARP includes this instruction to 

facilitate greater awareness on the 

airport sponsor’s part about how FAA 

has complied with the NEPA for their 

particular airport projects. 

Change 18. Paragraph 405. expands 

the list of airport actions normally 

requiring an environmental assessment 

(EA). ARP proposes to revise the list in 

FAA Order 5050.4A, paragraph 22 to 

answer many questions about certain 

airport development projects and airport 

actions it has received since publishing 

Order 5050.4A in 1985.

Change 19. Paragraph 407. discusses 

some updated information on 

cumulative impacts and airport actions 

to highlight this important part of NEPA 

analysis. It discusses how to consider 

past, present, and reasonably 

foreseeable actions when establishing a 

scope of work for analyzing cumulative 

impacts. 

Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Notices 75377

Change 20. Paragraphs 408.a.(1) 

through (20) discuss various intensity 

factors ARP proposes to continue to use 

to supplement the significance 

thresholds in FAA Order 1050.1E, 

Appendix 1. ARP believes this guidance 

is helpful due to the amount of 

disturbance airport development often 

causes. ARP believes these factors are 

necessary to aid its staff in effectively 

determining whether an EA or an 

environmental impact statement (EIS) is 

the proper NEPA document for a 

proposed airport development project or 

an airport action. 

Change 21. Paragraph 502, 503, and 

504 provide detailed policies and 

procedures for the FAA’s State Block 

Grant Program (SBGP). Paragraph 502 

discusses the participants in the SBGP 

(paragraph 502.c.), and the 

responsibilities SBGP participants must 

fulfill for non-primary airports 

(paragraph 502.b.). These duties include 

include all environmental requirements 

FAA would normally fulfill for approval 

of funding under the AIP paragraph 

503). FAA’s issuance of state block grant 

funds normally qualifies for a 

categorical exclusion. (see FAA Order 

1050.1E, paragraph 307.o). The 

paragraph notes FAA does not have 

funding and approval authority for 

projects funded under the SBGP, so 

awarding grants for actions through the 

SBGP to individual airports is not a 

‘‘Federal action.’’ For policy reasons, 

FAA contractually requires that SBGP 

states fulfill those environmental duties. 

This ensures that those states properly 

evaluate and take into account the 

potential environmental impacts 

resulting from specified airport 

development projects before deciding to 

fund those projects under the SBGP. 

Paragraphs 502.e. and 504 discuss those 

actions outside the SBGP for which 

FAA retains authority and, therefore, 

remains responsible for complying with 

NEPA and other applicable 

environmental laws. These paragraphs 

provide the detailed guidance promised 

in the preamble to FAA Order 1050.1E 

in response to comments concerning the 

state block grant program. 

Change 22. Paragraph 505b.(3) limits 

conditional approvals for airport layout 

plans (ALPs) when a sponsor or its 

consultant is preparing an QEA or FAA 

is preparing an EIS for actions at an 

airport. FAA limits such approvals to 

avoid the appearance that FAA is taking 

an action prematurely before it 

completes its required NEPA process. 

This limitation does not prevent FAA 

from conducting or issuing air space 

determinations to airport sponsors. 

Change 23. Paragraphs 505.e.(1) and 

(2) provide suggested language for 

conditional and unconditional approval 

letters, respectively. 

Change 24. Paragraph 508. discusses 

FAA’s roles and responsibilities under 

NEPA when an airport sponsor wishes 

to participate in a joint-use program or 

program to convert a military airfield to 

civilian use program. Here, the sponsor 

may wish to share use of an airport with 

the military or convert an excess 

military base to a public-use airport. In 

these instances, FAA normally will be a 

cooperating agency for NEPA purposes. 

Change 25. Paragraph 511. provides 

instructions to the responsible FAA 

official on complying with Executive 

Order 12114, Environmental Effects 

Abroad of Major Federal Actions. The 

official must meet the Executive Order’s 

requirements if NEPA analysis shows an 

airport action would cause a significant 

impact in a foreign land.

Change 26. Paragraph 512. provides 

more information on complying with 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments. The paragraph discusses 

the need for government-to-government 

meetings when a project may involve or 

affect Federally-recognized tribes, their 

trust resources, or other rights. The 

paragraph also notes FAA personnel 

must follow FAA Order 1210.20, 

American Indian and Alaska Native 

Tribal Consultation Policy and 

Procedures when addressing issues with 

these tribes. 

Change 27. Paragraph 513. clarifies 

that NEPA applies to FAA approval of 

wildlife hazard management plans 

under 14 CFR 139.337, when and to the 

extent that FAA has discretion about 

methods and procedures to minimize 

environmental effects, while still 

assuring aircraft safety. When FAA lacks 

such discretion, there is no Federal 

action and NEPA does not apply. ARP 

includes this information to address the 

numerous questions it has received on 

approvals for these plans, which are 

important to airport operations. 

Change 28. Paragraphs 600. and 602. 

inform the responsible FAA official that 

documentation for categorically 

excluded actions is not needed for 

NEPA purposes. However, 

documentation is necessary to 

demonstrate compliance with ‘‘special 

purpose’’ environmental laws and to 

support the determination that such 

compliance demonstrates that there are 

no extraordinary circumstances 

warranting preparation of an EA. 

Change 29. Paragraph 601.b. suggests 

that the airport sponsor seeking FAA 

action to support for an airport project 

provide certain information to assist the 

responsible FAA official in determining 

whether the action qualifies for 

categorical exclusion. Accurate, 

complete information will improve the 

efficiency and effectiveness of the 

responsible FAA official’s review of 

potential categorically excluded actions. 

Change 30. Paragraph 603. restates the 

recommendation in paragraph 404. that 

the responsible FAA official inform the 

airport sponsor when FAA has 

determined a proposed action qualifies 

for a categorical exclusion. 

Change 31. Paragraph 704. discusses 

a suggested format for an EA and for use 

of references. Using this format should 

enhance document content and ensure 

the necessary interdisciplinary analyses 

has occurred and is documented. 

Change 32. Paragraph 705. discusses 

public review of an EA and the timing 

of an airport sponsor’s submittal of the 

EA to FAA.

Change 33. Paragraph 706. contains 

guidance for preparing a written reevaluation of and supplement to an EA 

to comply with FAA Order 1050.1E, 

paragraph 411. 

Change 34. Paragraph 801. discusses 

the continued use of impact intensity 

factors for EAs as established in Order 

5050.4A. (See discussions for Changes 

1, 3, and 20 for more information.). 

Change 35. Paragraph 803. provides 

instructions to the responsible FAA 

official for an EA when the approving 

FAA official selects a preferred 

alternative that differs from the airport 

sponsor’s proposed action. 

Change 36. Paragraphs 804.a.–c. 

discuss coordinating FONSI reviews 

within FAA. Paragraph 804.a. notes 

when the Regional Administrator must 

sign the FONSI. Paragraph 804.b. 

provides instructions for seeking legal 

sufficiency review for a proposed 

FONSI. Paragraph 804.c. notes that 

ARP’s Community and Environmental 

Needs Division (APP–600) is available 

to review FONSIs on request. 

Change 37. Paragraph 806. provides 

information the responsible FAA official 

may consider when determining if a 

Record of Decision for a FONSI 

(‘‘FONSI-ROD’’) is needed. A FONSIROD is a decision document and order 

subject to the exclusive review by U.S. 

Circuit Courts of Appeal. 

Change 38. Paragraph 809. directs the 

responsible FAA official to include 

mitigation a FONSI contains in a grant 

assurance or unconditional letter of 

approval for the airport layout plan. The 

paragraph also recommends that the 

official to track the sponsor’s 

compliance with the mitigation by using 

an Environmental Management System. 

Change 39. Paragraphs 902. and 903. 

provide more detailed information on 

the scoping process than Order 5050.4A. 

75378 Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Notices 

Change 40. Paragraph 905. provides 

information on the Notice of Intent to 

Prepare an EIS (NOI). The paragraph 

also discusses the NOI’s content and its 

publication in the Federal Register 

relative to the start of Scoping. 

Paragraph 905.c., provides information 

on notifying the public if the 

responsible FAA official determines that 

an EIS is not needed after FAA issues 

an NOI. ARP provides this information 

to address many questions it has 

received on this topic. After anticipating 

significant impacts during the scoping 

process, ARP has occasionally found 

that an EIS was not needed because 

impact analyses showed a proposed 

airport development action would not 

cause significant impacts.

Change 41. Paragraph 906. provides 

expanded information on the 

responsible FAA official’s duties during 

the scoping process. ARP includes this 

information to highlight the varied roles 

the official must fulfill during this stage 

of EIS preparation. Paragraph 906.b. 

states that the responsible FAA official 

must invite agencies having permitting 

or approval authorities to be cooperating 

agencies during EIS preparation. It may 

also help to improve the efficiency of 

the environmental review process. 

Paragraph 906.j. highlights the need for 

cooperating agencies to provide 

important information during scoping. 

Change 42. Paragraph 908. states that 

FAA’s may be a cooperating agency In 

special situations addressing airport 

actions, FAA normally fulfills this role 

for projects involving military base 

joint-use or re-use or conveyance of 

Federally-owned land for airport 

purposes. 

Change 43. Paragraph 909. discusses 

using the scoping process in preparing 

an EA. Although this process is not 

mandatory for EA preparation, the 

Process may help the sponsor or its 

consultant prepare a thorough EA. 

sponsors may find scoping useful 

particularly for an action that may be 

highly controversial or assessing many 

environmental impacts (e.g., ‘‘special 

purpose laws’’). 

Change 44. Paragraph 1003. clarifies 

FAA, airport sponsors, and 

environmental consultant roles during 

FAA’s EIS preparation. It reflects policy 

and procedures FAA has adopted for 

EIS preparation in response to Citizens 

against Burlington v. FAA, 938 F2d 190 

DC Cir. 1991. The paragraph notes that 

FAA decides EIS content, even through 

the airport sponsor may pay the 

environmental consultant costs for EIS 

preparation and a Third Party MOU. 

The Order provides a sample Disclosure 

statement (Appendix 2, Attachment A) 

environmental consultants must sign to 

be part of EIS preparation. It also 

includes examples of Memoranda of 

Understanding defining the roles of 

FAA, airport sponsor and 

environmental consultant personnel 

during EIS preparation (Appendix 2, 

Attachments B and C). 

Change 45. Paragraph 1004. provides 

more detailed guidance concerning 

limitations on sponsor activities during 

EIS preparation. ARP provides this to 

alert users of the Order about the 

requirements in 40 CFR 1506.1 

(Limitations on actions during the 

NEPA process) and to address questions 

ARP has received on this topic.

Change 46. Paragraph 1005. provides 

instructions for adopting another 

Federal agency’s EIS to streamline (i.e.,

improve efficiency) NEPA and reduce 

paperwork. 

Change 47. Paragraph 1007. provides 

re-organized and updated information 

on EIS format and content to more 

closely track information in FAA Order 

1050.1E. The paragraph also includes 

information from the best practices ARP 

has found important in preparing EISs. 

Paragraphs 1007.m and n. discuss how 

to use appendices and references to 

reduce the bulk in an EIS’s main body. 

This effort promotes CEQ’s intent to 

keep EISs to manageable sizes. 

Change 48. Paragraph 1101. provides 

added guidance for distributing DEISs 

for public and inter-agency reviews. 

Various paragraphs give addresses for 

the headquarters’ offices of the Federal 

department that review DEISs. They 

also provide the number of DEIS copies 

to send to those departments. Paragraph 

1101.b.(4)(c) provides standard language 

certifying that FAA has issued DEISs to 

the public at the same time or before it 

filed the documents with the U.S. 

Environmental Protection Agency 

(EPA). 

Change 49. Paragraph 1104. provides 

instructions for re-circulating DEISs. 

ARP provides this information to 

answer questions it has received on this 

topic. 

Change 50. Paragraph 1202. notes that 

CEQ requires that the final EIS (FEIS) 

must identify the agency’s preferred 

alternative, unless a law prohibits FAA 

from doing so. This is to clarify that 

FEISs must contain this information, if 

FAA has not selected its preferred 

alternative when it prepared the DEIS. 

FAA Order 5050.4A noted, but did not 

highlight, this requirement of 40 CFR 

1502.14(e). 

Change 51. Paragraph 1203.b.(2) 

requires the responsible FAA official to 

ensure the FEIS contains evidence that 

an airport sponsor has certified that the 

airport management board has voting 

representation from the communities 

where a new airport location, a runway, 

or major runway extension is proposed. 

Alternatively, the paragraph also notes 

the sponsor must advise these 

communities that they may petition the 

Secretary of Transportation about a 

proposed project. FAA includes this 

change to meet the requirements of 49 

U.S.C. 47106(c)(1)(A)(ii). 

Change 52. Paragraph 1203.b.(3) 

directs the responsible FAA official to 

ensure the sponsor has made available 

and provided an existing metropolitan 

planning organization in the area where 

the project is located a copy of: a 

proposed ALP amendment depicting a 

proposed project at a medium or large 

hub airport and the master plan 

describing or depicting that project. 

ARP includes this assurance to meet the 

requirements of 49 U.S.C. 

47106(c)(1)(A)(iii). 

Change 53. Paragraph 1203.e. 

discusses the need for the FEIS to 

include evidence support necessary 

determination regarding impacts to 

jurisdictional and non-jurisdictional 

waters and wetlands. ARP includes 

information on non-jurisdictional 

wetlands to address many questions it 

has received about environmental 

review of impacts to these resources. 

Many people believe ARP need not 

address impacts or provide assurances 

for waters or wetlands not under U.S. 

Army Corps of Engineers jurisdiction. 

ARP notes analyses of impacts to all 

wetlands are needed to comply with 

NEPA and other laws and Executive 

Order 11990, Protection of Wetlands, 

and DOT Order 5660.1A, Preservation of 

the Nation’s Wetlands. 

Change 54. Paragraph 1203.g. 

discusses the need for the FEIS to 

include evidence to support 

determinations in any ROD for proposed 

actions that affect areas inside and 

outside the coastal zone area, if project 

impacts affect coastal zone resources. 

ARP includes this information to 

address Coastal Zone Management Act 

(CZM Act) amendments. Among other 

things, these requirements address 

impacts to coastal zone resources, even 

if a project occurs outside CZM 

boundaries.

Change 55. Paragraphs 1203.g.(1) and 

(2) discuss the evidence that must be 

included in the FEIS to support 

determinations in a ROD regarding 

Subparts D and C of 15 CFR, Part 930 

(regulations implementing the CZM 

Act). Paragraph 1203.g.(1) provides 

consistency requirement information for 

a project FAA approves, such as a 

sponsor’s request for FAA approval of 

an ALP change. Paragraph 1203.g.(2) 

provides consistency information for 

projects FAA itself undertakes, such as 

Federal Register / Vol. 69, No. 241 / Thursday, December 16, 2004 / Notices 75379

1The Board will grant a stay if an informed 

decision on environmental issues (whether raised 

by a party or by the Board’s Section of 

Environmental Analysis (SEA) in its independent 

investigation) cannot be made before the 

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C.2d 377 (1989). Any 

request for a stay should be filed as soon as posible 

so that the Board may take appropriate action before 

the exemption’s effective date.

2Each offer of financial assistance must be 

accompanied by the filing fee, which currently is 

set at $1,200. See 49 CFR 1002.2(f)(25).

installing a NAVAID in the coastal zone. 

ARP includes this information to 

highlight the different CZM Act 

requirements that may apply to an ARP 

action. 

Change 56. Paragraph 1204.a. 

discusses the various approval levels 

ARP follows to meet FAA Order 

1100.154A, Delegation of Authority, 

dated June 12, 1990. The Order 

delegates approval authority for certain 

airport projects from the FAA 

Administrator to the Associate 

Administrator for Airports (ARP–1). 

ARP–1 may further delegate that 

authority, per Order 1100.154A, as 

paragraph 1204.a. explains. 

Change 57. Paragraphs 1205.d., e., 

and f. provide updated information on 

the number of copies of the FEIS the 

responsible FAA official must send to 

the U.S. EPA (EPA) regional office 

reviewing an ARP project and to EPA 

and the Department of the Interior 

headquarters. 

Change 58. Paragraph 1206. discusses 

more detailed information concerning 

the process for referring EISs to CEQ 

under 40 CFR 1504. ARP includes this 

information to ensure personnel knew 

about this little used, but important CEQ 

NEPA regulation. 

Change 59. Paragraph 1301.g. requires 

FAA to ensure the agency and the 

airport sponsor complete required 

mitigation. The paragraph suggests 

using an Environmental Management 

System (EMS) to track mitigation 

compliance. ARP includes EMS tracking 

to comply with EO 13148, Greening the 

Government Through Leadership in 

Environmental Management. 

Change 60. Chapter 14 provides 

guidance on the longevity of EAs and 

EISs, supplementing those documents, 

written re-evalautions, and tiering. It 

also notes that FAA is applying the 

same standards it uses for EISs to EAs. 

The paragraph also notes that the 

responsible FAA official may use his or 

her best professional judgment when 

determining the need for a written reevaluation. ARP provides that 

information to address questions about 

EA longevity and to comply with FAA 

Order 1050.1E, paragraphs 410 and 411. 

ARP agrees that accurate EAs and EISs 

are needed to ensure approving FAA 

officials have the best available 

information when making decisions on 

proposed airport development projects 

and airport actions.

Change 61. Paragraph 1404. provides 

instructions on applying NEPA to 

emergency situations. ARP includes this 

information to ensure order users are 

aware of this requirement. 

Chapter 62. Chapter 15 provides 

information on streamlining the EIS 

process for certain airport projects. This 

information addresses requirements of 

Century of Aviation Reauthorization Act 

also known as ‘‘Vision-100.’’ Among 

other things, Vision-100 requires 

streamlining the environmental process 

for airport capacity projects at congested 

airports. These are airports that account 

for at least 1% of all delayed aircraft 

operations in the nation. Vision 100 also 

applies to airport safety and airport 

security projects throughout the nation, 

regardless of their delay status. 

Change 63. Appendix 1 includes 

updated flowcharts on completing the 

NEPA processes for categorical 

exclusions, EAs, FONSIs, EISs, and 

RODs. 

Change 64. Appendix 2 includes 

information on the third-party 

contracting process FAA uses to select 

contractors to help the agency prepare 

EISs, as explained in Change 44. It also 

includes a sample Disclosure Statement 

and two types of Memoranda of 

Understanding describing the respective 

duties of FAA, the airport sponsor, and 

the FAA-selected consultant. 

Change 65. Appendix 3 provides an 

example of a ‘‘short-form’’ EA. ARP 

provides this as one example of how to 

prepare an EA that meets CEQ’s 

recommended length for an EA (i.e., 

maximum of 15 pages). 

ARP encourages full public 

participation during this comment 

period. ARP will consider filed 

comments on the draft order as it 

prepares the final Order 5050.4B.

Dated: December 13, 2004. 

Dennis E. Roberts, 

Director, Office of Airports Planning and 

Programming.

[FR Doc. 04–27598 Filed 12–15–04; 8:45 am] 

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Docket No. AB–33 (Sub–No. 218X)] 

Union Pacific Railroad Company—

Abandonment Exemption—in Kootenai 

County, ID 

Union Pacific Railroad Company (UP) 

has filed a notice of exemption under 49 

CFR 1152 Subpart F—Exempt 

Abandonments and Discontinuances of 

Service and Trackage Rights to abandon 

a 5.25-mile line of railroad known as the 

Coeur’d Alene Industrial Lead from 

milepost 2.25 near Feeley Spur to 

milepost 7.50 near Gibbs, in Kootenai 

County, ID. The line traverses United 

States Postal Service Zip Code 83840. 

UP has certified that: (1) No local 

traffic has moved over the line for at 

least 2 years; (2) all overheard traffic 

which could travel over the line has 

been shifted to an adjacent line of The 

Burlington Northern and Santa Fe 

Railway Company; (3) no formal 

complaint filed by a user of rail service 

on the line (or by a State or local 

government entity acting on behalf of 

such user) regarding cessation of service 

over the line either is pending with the 

Board or with any U.S. District Court or 

has been decided in favor of 

complainant within the 2-year period; 

and (4) the requirements at 49 CFR 

1105.7 (environmental report), 49 CFR 

1105.8 (historic report), 49 CFR 1105.11 

(transmittal letter), 49 CFR 1105.12 

(newspaper publication), and 49 CFR 

1152.50(d)(1) (notice to governmental 

agencies) have been met. 

As a condition to this exemption, any 

employee adversely affected by the 

abandonment shall be protected under 

Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91 

(1979). To address whether this 

condition adequately protects affected 

employees, a petition for partial 

revocation under 49 U.S.C. 10502(d) 

must be filed. 

Provided no formal expression of 

intent to file an offer of financial 

assistance (OFA) has been received, this 

exemption will be effective on January 

15, 2005, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,1

formal expressions of intent to file an 

OFA under 49 CFR 1152.27(c)(2),2 and 

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by December 

27, 2004. Petitions to reopen or requests 

for public use conditions under 49 CFR 

1152.28 must be filed by January 5, 

2005, with the Surface Transportation 

Board, 1925 K Street, NW., Washington, 

DC 20423–0001.

A copy of any petition filed with the 

Board should be sent to UP’s 

representative: Mack H. Shumate, Jr., 

Senior General Attorney, Union Pacific 

Railroad Company, 101 North Wacker 

Dr., Room 1920, Chicago, IL 60606. 

If the verified notice contains false or 

misleading information, the exemption 

is void ab initio.