49596 Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Notices 

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 

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 

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 http:// 

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 

http://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 http://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. 

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 


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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 

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 

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 

http://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 

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 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 nonVerDate Mar<15>2010 16:16 Aug 13, 2013 Jkt 229001 PO 00000 Frm 00156 Fmt 4703 Sfmt 4703 E:\FR\FM\14AUN1.SGM 14AUN1

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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 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 

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 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: 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 


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