Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Notices 41565 

2 17 CFR 240.19b–4. 

3See Securities Exchange Act Release No. 55729 

(June 12, 2007), 72 FR 33797. 

4 In approving this proposed rule change, the 

Commission has considered the proposed rule’s 

impact on efficiency, competition, and capital 

formation. See 15 U.S.C. 78c(f). 

5 15 U.S.C. 78f(b)(5). 

6 15 U.S.C. 78s(b)(2). 

7 17 CFR 200.30–3(a)(12). 

1Clean Air Act Title I Air Pollution Prevention 

and Control, Part D, Subpart 1, Section 176 

Limitation on Certain Federal Assistance. 

2 40 CFR Part 93, § 93.153(f). 

3NAAQS established by the EPA represent 

maximum concentration standards for criteria 

pollutants to protect human health (primary 

standards) and to protect property and aesthetics 

(secondary standards). 

thereunder,2 a proposed rule change to 

amend: (a) Rule 625, Training; (b) 

Equity Floor Procedure Advices and 

Order & Decorum Regulations, F–30 

Training; and (c) Options Floor 

Procedure Advices and Order & 

Decorum Regulations, F–30 Options 

Trading Floor Training, to clarify and 

expand the Exchange’s training 

requirements. Specifically, the proposed 

rule change expanded the category of 

individuals who are required to attend 

the mandatory training sessions and the 

training topics covered. Further, the 

Exchange set forth mandatory training 

requirements, which would take place 

on at least a semi-annual basis, for floor 

members. The Exchange also proposed 

changes to the language in Rule 970, 

Floor Procedure Advices: Violations, 

Penalties and Procedures, to delete the 

reference to the now-obsolete Market 

Surveillance Department and to provide 

that any authorized official of the 

Exchange may sign a citation for a floor 

procedure advice violation. The 

proposal was published for comment in 

the Federal Register on June 19, 2007.3

The Commission received no comments 

on the proposal. This order approves the 

proposed rule change. 

After careful review of the proposal, 

the Commission finds that the proposed 

rule change is consistent with the 

requirements of the Act and the rules 

and regulations thereunder applicable to 

a national securities exchange.4 In 

particular, the Commission finds that 

the proposal is consistent with section 

6(b)(5) of the Act,5 which requires, 

among other things that the rules of an 

exchange be designed to prevent 

fraudulent and manipulative acts and 

practices, to promote just and equitable 

principles of trade, to remove 

impediments to and perfect the 

mechanism of a free and open market 

and a national market system, and, in 

general, to protect investors and the 

public interest. 

Expanding the Exchange’s current 

mandatory training program should 

provide a means for keeping members 

and persons employed by or associated 

with such members or member 

organizations, and Participant 

Authorized Users, informed of and 

educated about, among other things, 

current rules and regulations and 

trading-related Exchange systems, 

which should enhance member 

compliance with the federal securities 

law and Exchange rules. Additionally, 

updating the language in Exchange Rule 

970 should promote efficiency in 

connection with the issuance of 

citations. 

It is therefore ordered, pursuant to 

section 19(b)(2) of the Act,6 that the 

proposed rule change (SR–Phlx–2007–

16) be, and hereby is, approved. 

For the Commission, by the Division of 

Market Regulation, pursuant to delegated 

authority.7

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E7–14606 Filed 7–27–07; 8:45 am] 

BILLING CODE 8010–01–P 

TENNESSEE VALLEY AUTHORITY 

[Meeting No. 07–04] 

Sunshine Act Meeting 

Time and Date: 9 a.m. (EDT), August 

1, 2007, TVA West Tower Auditorium, 

400 West Summit Hill Drive, Knoxville, 

Tennessee 37902. 

Status: Open. 

Agenda 

Old Business 

Approval of minutes of May 31, 2007, 

Board Meeting. 

New Business 

1. President’s Report. 

2. Report of the Finance, Strategy, and 

Rates Committee. 

A. Annual budget. 

B. Customer Items. 

i. Time-of-use power supply 

arrangements with a directly-served 

customer. 

ii. Real time energy arrangements. 

iii. Implementation of 5-Minute 

Response program. 

iv. Interconnection agreements with 

the cities of Princeton and Paducah, 

Kentucky. 

v. Limited interruptible power/ 

Limited firm power. 

C. PURPA determinations. 

D. Financial trading program 

modifications. 

3. Report of the Operations, 

Environment, and Safety 

Committee. 

A. Watts Bar Nuclear Plant Unit 2 

construction and startup. 

B. Authorization to purchase a 

combined cycle generating facility. 

C. Amended Board Practice on Fuel, 

Power Purchases or Sales, and 

Related Contract Approvals. 

4. Report of the Human Resources 

Committee. 

FOR FURTHER INFORMATION: Please call 

TVA Media Relations at (865) 632–6000, 

Knoxville, Tennessee. Information is 

also available at TVA’s Washington 

Office (202) 898–2999. People who plan 

to attend the meeting and have special 

needs should call (865) 632–6000. 

Anyone who wishes to comment on any 

of the agenda in writing may send their 

comments to: TVA Board of Directors, 

Board Agenda Comments, 400 West 

Summit Hill Drive, Knoxville, 

Tennessee 37902. 

Dated: July 25, 2007. 

Maureen H. Dunn, 

General Counsel and Secretary. 

[FR Doc. 07–3717 Filed 7–26–07; 12:44 pm] 

BILLING CODE 8120–08–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Federal Presumed To Conform Actions 

Under General Conformity 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final Notice. 

SUMMARY: The Clean Air Act (CAA) 

section 176(c), 42 U.S.C. 7506(c) and 

Amendments of 1990 1 require that all 

Federal actions conform to an 

applicable State Implementation Plan 

(SIP). The U.S. Environmental 

Protection Agency (EPA) has established 

criteria and procedures for Federal 

agencies to use in demonstrating 

conformity with an applicable SIP that 

can be found at 40 CFR 93.150 et seq. 

(‘‘The Rule’’). 

The Rule allows Federal agencies to 

develop a list of actions that are 

presumed to conform to a SIP 2 for the 

criteria pollutants and their precursors 

that are identified in 40 CFR 

93.153(b)(1) and (b)(2) and in the 

National Ambient Air Quality Standards 

(NAAQS) under 40 CFR 50.4–50.12.3

The criteria pollutants of concern for 

local airport air quality are ozone (O3) 

and its two major precursors (volatile 

organic compounds (VOC) and nitrogen 

oxides (NOX)), carbon monoxide (CO), 

nitrogen dioxide (NO2), sulfur dioxide 

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41566 Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Notices 

4FAA calculated SOX is considered equal to SO2

5PM2.5 is a subset of PM10 with separate 

standards for each. 

6 40 CFR Part 93, § 93.153(g). 

7 40 CFR Part 93, § 93.153(g)(1). 

8Title 40 CFR Part 93, § 93.153(g)(2). 

9 Ibid. 

10Title 40 CFR Part 93, § 93.153(h). 

11 58 FR 63228 (Nov. 30, 1993). 

12 58 FR 63229 (Nov. 30, 1993). 

13 40 CFR Part 93, § 93.153(h)(1–4). 

(SO2) 4, and particulate matter 

consisting of small particulates with a 

diameter less than or equal to 2.5 

micrometers (PM2.5) and larger 

particulates with a diameter of up to 10 

micrometers (PM10).5

According to the Rule 6, Federal 

agencies must meet the criteria for 

establishing activities that are presumed 

to conform by either: 

(1) Clearly demonstrating that the 

total of direct and indirect emissions 

from the type of activities that would be 

presumed to conform would not: 

(i) Cause or contribute to any new 

violation of any standard in any area; 

(ii) Interfere with provisions in the 

applicable SIP for maintenance of any 

standard; 

(iii) Increase the frequency or severity 

of any existing violation of any standard 

in any area; or 

(iv) Delay timely attainment of any 

standard or any required interim 

emission reductions or other milestones 

in any area including emission levels 

specified in the applicable SIP 7; or 

(2) Providing documentation that 

emissions from the types of actions that 

would be presumed to conform are 

below the applicable de minimis levels 

established in 40 CFR § 93.153(b)(1) and 

(b)(2).8 This documentation may be 

based on similar actions that the agency 

has taken over recent years.9 Besides 

documenting the basis for presumed to 

conform activities, Federal agencies 

must fulfill procedural requirements 

under the Rule relating to publication in 

the Federal Register, notification to 

Federal/State/local agencies, 

opportunity for public comment, and 

availability of responses to public 

comments.10

In this Notice, the Federal Aviation 

Administration (FAA) is identifying a 

list of actions involving agency approval 

and financial assistance for airport 

projects that are presumed to conform. 

The benefits of this list include the 

elimination of unnecessary agency costs 

associated with evaluating actions with 

few if any emissions. As a result, the 

agency will be able to streamline the 

environmental process by applying 

more of its resources to actions that 

have the potential to reach regulated 

emission levels or adversely impact air 

quality. 

Addressing the need for efficiency 

and streamlining, the EPA states that the 

provisions allowing Federal agencies to 

establish categories of actions that are 

presumed to conform are ‘‘intended to 

assure that these Rules are not overly 

burdensome and Federal agencies 

would not spend undue time assessing 

actions that have little or no impact on 

air quality.’’ 11 Furthermore, the EPA 

states that ‘‘Federal actions which are de 

minimis should not be required by this 

Rule to make an applicability analysis. 

A different interpretation could result in 

an extremely wasteful process which 

generates vast numbers of useless 

conformity statements.’’ 12

Consequently, the Rule allows 

individual Federal agencies to present 

categories of actions that have been 

documented to be de minimis and, 

therefore should be ‘‘presumed to 

conform’’ to the Rule under 40 CFR 

93.153(f). 

This Notice contains a summary of 

documentation and analysis which 

demonstrates that actions described 

below will not exceed the applicable de 

minimis emission levels for 

nonattainment and maintenance areas, 

as specified under 40 CFR 93.153(b). In 

relation to the agency’s demonstration 

of presumed to conform actions, the 

EPA has defined broad categories of 

actions in 40 CFR 93.153(c)(2) that are 

exempt from the Rule because the 

actions result in no emissions increase 

or an increase in emissions that is 

clearly de minimis. In this Notice, the 

FAA distinguishes various airportrelated actions that are exempt under 

the Rule from those that are presumed 

to conform. 

Notification Process for Presumed To 

Conform 

The notification requirements in the 

Rule are as follows: 13

(1) The Federal agency must identify 

through publication in the Federal 

Register its list of proposed activities 

that are presumed to conform and the 

basis for the presumptions; 

(2) The Federal agency must notify 

the appropriate EPA Regional Office(s), 

State and local air quality agencies and, 

where applicable, the agency designated 

under section 174 of the Act and the 

metropolitan planning organization 

(MPO) and provide at least 30 days for 

the public to comment on the list of 

proposed activities presumed to 

conform; 

(3) The Federal agency must 

document its response to all the 

comments received and make the 

comments, response, and final list of 

activities available to the public upon 

request; and 

(4) The Federal agency must publish 

the list of such activities in the Federal 

Register. 

In meeting the requirements above, 

the FAA issued the Draft Notice, 

entitled Federal Presumed to Conform 

Actions Under General Conformity, in 

the Federal Register of Monday, 

February 12, 2007 (Vol. 72, No. 28, pp. 

6641–6656). All of the appropriate 

organizations were notified and 

encouraged to comment, including EPA 

Regions, State and local air quality 

agencies, and metropolitan planning 

organizations. 

A 45-day public comment period was 

provided for the Draft Federal Notice, 

allowing a few additional weeks for 

comment beyond the minimum 30-day 

notice period. Seven (7) letters were 

submitted to the FAA. From these 

letters, the FAA identified twenty-nine 

(29) separate comments to which the 

agency prepared individual written 

responses. All of the letters, comments, 

and responses are publicly available for 

review on the FAA Office of Airports 

Web site for environmental programs. 

Based on comments received and 

follow-up discussions with the EPA, the 

FAA made appropriate revisions to the 

Federal Register Notice. The FAA is 

completing its notification requirements 

by publishing the completed list of 

presumed to conform actions in this 

Final Federal Register Notice. The 

public may obtain further program 

information or review project 

documentation by contacting the office 

and person listed under ‘‘For Further 

Information Contact.’’

FOR FURTHER INFORMATION CONTACT: Dr. 

Jake A. Plante, Planning and 

Environmental Division, Federal 

Aviation Administration, 800 

Independence Avenue, APP–400, SW., 

Room 616, Office of Airports, 

Washington, DC 20591, 

jake.plante@faa.gov, phone (202) 493–

4875, fax (202) 267–5257. 

Table of Contents 

The major sections of this document are as 

follows: 

I. Background 

II. Existing Exemptions 

III. Presumed To Conform Project 

Descriptions and Justifications 

IV. How To Apply Presumed To Conform 

Actions 

I. Background 

Under the Rule (40 CFR 93.153(g)(h)), 

the FAA and other agencies are entitled 

to develop a list of proposed actions that 

are presumed to conform. The process 

of establishing presumed to conform 

classifications is predicated on the 

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Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Notices 41567 

14CAA, Section 175A, 42 U.S.C. 7505a. 

15 49 U.S.C. 1601 et seq. 

16 40 CFR Part 93, § 93.153(b). 

17 ‘‘Conformity evaluation’’ refers to the overall 

process of assessing whether an action/project is 

subject to general conformity requirements, which 

may include an applicability analysis needed to 

make a conformity determination. See Question #1, 

EPA and FAA General Conformity Guidance for 

Airports: Questions and Answers, September 25, 

2002. 

18 Depending on numerous factors affecting 

surface conditions, airports will generally resurface 

asphalt runways every 7–10 years. 

concept of conformity. Conformity 

assures that an activity that is presumed 

to conform does not cause or contribute 

to any new violation of the NAAQS or 

interfere with provisions contained in 

applicable SIPS. 

The administration and enforcement 

of conformity regulations are delegated 

by the EPA to the individual States 

through provisions in each SIP. A SIP is 

the written plan submitted to the EPA 

detailing each State’s strategy to control 

air emissions to meet and maintain the 

NAAQS in geographic areas that are 

designated as nonattainment areas. The 

EPA requires each State to devise such 

a plan for each criteria pollutant causing 

violations or the EPA will impose a 

Federal implementation plan (‘‘FIP’’) for 

the State. When a nonattainment area 

achieves compliance with the NAAQS, 

it becomes a maintenance area for at 

least 10 years with ongoing State 

responsibility to ensure continued 

attainment.14

General Conformity 

General conformity refers to the 

process of demonstrating that a general 

Federal action conforms to the 

applicable SIP. A general Federal action 

is defined more by what it is not, rather 

than by what it is. A general Federal 

action is any Federal action that is not 

a Federal ‘‘transportation’’ action and 

consequently not subject to the 

conformity requirements established for 

Federal highway or transit actions, 

referred to as ‘‘transportation 

conformity.’’ A Federal transportation 

action is an action related to 

transportation plans, programs, and 

projects that are developed, funded, or 

approved under Title 23 United States 

Code (USC) or the Federal Transit Act 

(FTA).15 Since FAA actions do not meet 

the definition of a transportation action, 

they are general actions by default and 

thus subject to the General Conformity 

Rule. 

The FAA and other Federal agencies 

subject to general conformity must make 

a determination that the Federal action 

conforms to the SIP’s purpose to meet 

and maintain the NAAQS before the 

action is taken. If the proposed actions 

are not specifically exempt or classified 

as presumed to conform, it is necessary 

to conduct an emissions inventory as 

part of the applicability analysis to 

determine if emissions are likely to 

equal or exceed the established 

screening criteria emission rates known 

as the de minimis thresholds. A general 

conformity determination is required for 

each pollutant identified as 

nonattainment or maintenance when the 

total of direct and indirect emissions 

caused by a Federal action equals or 

exceeds any of the applicable de 

minimis thresholds.16

FAA Airport Development Actions 

Subject to General Conformity 

The FAA is responsible for deciding 

whether its actions involving an airport 

located in a nonattainment or 

maintenance area require a general 

conformity evaluation.17 FAA actions 

that require a conformity evaluation 

include unconditional approval of any 

or all parts of an airport layout plan 

(ALP), final Airport Improvement 

Program (AIP) grant approvals, and 

approvals for use of Passenger Facility 

Charges (PFCs). Other FAA actions that 

may require a conformity evaluation 

include proposed actions for which an 

environmental assessment (EA) or 

environmental impact statement (EIS) is 

prepared under the requirements of the 

National Environmental Policy Act. 

II. Existing Exemptions 

For the FAA to provide the proper 

context and baseline for identifying and 

proposing a list of presumed to conform 

Federal actions, it is important to 

consider the extent to which FAA 

airport-related actions and activities 

may qualify for exemption from general 

conformity requirements. The EPA has 

defined broad categories of exempt 

actions under 40 CFR 93.153(c)(2) that 

result in no emissions increase or 

increases in emissions that are clearly 

de minimis. These actions are not 

subject to further analysis for 

applicability, conformity, or regional 

significance under the Rule. 

As part of this Federal Register 

Notice, the FAA has interpreted how the 

exemptions in the Rule apply to FAA 

actions associated with airport facilities 

and aviation planning. The following 

discussion addresses the most relevant 

examples of these exemptions regarding 

FAA actions for airport development. 

1. Rulemaking and Policy Development 

[40 CFR 93.153(c)(2)(iii)] 

The FAA develops rules and policies 

to address issues of safety, aviation 

noise abatement, and systematic 

improvements to efficiency. This 

includes issuance of airport policy and 

planning documents for the National 

Plan of Integrated Airport Systems 

(NPIAS), the Airport Capital 

Improvement Program (ACIP), and 

Advisory Circulars on planning, design, 

and development programs. These 

documents provide administrative and 

technical guidance to the airport 

community and the public and are not 

intended for direct implementation. The 

actual process of rulemaking or policy 

development is typically administrative 

in nature and does not cause an increase 

in air emissions. 

2. Routine Maintenance and Repair 

Activities [40 CFR 93.153(c)(2)(iv)] 

In conformance with FAA standards 

and regulations, the airport sponsor 

must maintain airport facilities and the 

airfield in a manner that ensures the 

safe operation of the airport. These 

activities constitute Federal actions 

when Federal funding from the FAA is 

involved. Airport maintenance, repair, 

removal, replacement, and installation 

work that matches the characteristics, 

size, and function of a facility as it 

existed before the replacement or repair 

activity typically qualifies as routine 

maintenance and repair for purposes of 

general conformity. Such activity does 

not increase the capacity of the airport 

or change the operational environment 

of the airport. 

The FAA does not consider major 

runway reconstruction to qualify as 

exempt under the Rule if the 

reconstruction results in a runway that 

is hardened, lengthened, or widened to 

support a larger class of aircraft. 

Proposed funding for such a project 

would require analysis of emission 

levels to determine the applicability of 

general conformity requirements. 

Routine maintenance for existing 

runways, taxiways, aprons, ramps, 

fillets, and airport roadways includes 

in-kind resurfacing,18 re-marking of 

existing runways, taxiways, apron areas, 

etc., and runway grooving and rubber 

removal projects. Other areas of routine 

replacement, maintenance, and repair 

work that may be considered exempt 

from the Rule include: 

• Existing signage. 

• Existing lighting systems. 

• Existing pavement markings. 

• Wind or landing direction 

indicators. 

• Existing airport security access 

control. 

• Existing buildings and structures. 

• Existing heating, ventilation, and 

air conditioning (HVAC) systems. 

• Existing infrastructure such as 

sanitary sewer or electrical systems. 

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41568 Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Notices 

19Airport ‘‘sponsors’’ are planning agencies, 

public agencies, or private airport owners/operators 

that have the legal and financial ability to carry out 

the program requirements for FAA financial 

assistance. 

20Airports located in nonattainment or 

maintenance areas with small regional emission 

budgets may need to check whether a proposed 

exempt action might be regionally significant under 

40 CFR Part 93, § 93.153(i). 

21FAA Order 1050.1E, chapter 3 (CATEX) and 

Chapter 4, § 406 (FONSI), pursuant to the National 

Environmental Policy Act. 

• General landscaping, erosion 

control, and grading. 

3. Planning, Studies, and Provisions of 

Technical Assistance [40 CFR 

93.153(c)(2)(xii)] 

Planning and information-related 

actions do not represent 

implementation of operational changes 

at the airport and therefore do not result 

in emission increases. Consequently, 

actions such as those listed below may 

be considered exempt from the Rule: 

• FAA funding and acceptance of 

Master Plans and Updates. 

• FAA funding of System Planning 

Studies. 

• FAA acceptance of noise exposure 

maps and approval of noise 

compatibility programs pursuant to 49 

U.S.C. 47501 et seq., as implemented by 

14 CFR Part 150. 

• FAA approval of noise and access 

restrictions on operations by Stage 3 

aircraft under 49 U.S.C. 47524, as 

implemented by 14 CFR Part 161. 

4. Transfers of Ownership, Interests, and 

Titles in Land, Facilities, and Real and 

Personal Properties, Regardless of the 

Form or Method of the Transfer [40 CFR 

93.153(c)(2)(xiv)] 

5. Actions (or Portions Thereof) 

Associated With Transfers of Land, 

Facilities, Title, and Real Properties 

Through an Enforceable Contract or 

Lease Agreement Where the Delivery of 

the Deed Is Required To Occur Promptly 

After a Specific, Reasonable Condition 

Is Met, Such as Promptly After the Land 

Is Certified as Meeting the Requirements 

of Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA), and Where the Federal 

Agency Does Not Retain Continuing 

Authority To Control Emissions 

Associated With the Lands, Facilities, 

Title, or Real Properties [40 CFR 

93.153(c)(2)(xix)] 

Actions by the FAA to transfer or 

acquire land or equipment that do not 

increase the capacity of the airport or 

change the operational environment 

affecting air emissions. Such actions 

include funding or approving transfers, 

acquisitions, or releases by airport 

sponsors,19 or preparing and executing 

related contracts or written agreements. 

Related actions that may be considered 

exempt from the Rule are: 

• Facilities and equipment purchases. 

• Land acquisition and relocation 

assistance. 

• Land releases for which there is no 

reasonable expectation of a change in 

land use. 

• Avigation easement acquisition. 

• Acquisition of an existing privately 

owned airport involving only change of 

ownership. 

6. Alterations and Additions of Existing 

Structures as Specifically Required by 

New or Existing Applicable 

Environmental Legislation or 

Environmental Regulations (e.g., Hush 

Houses for Aircraft Engines * * *) [40 

CFR 93.153(d)(4)] 

Actions that are initiated in response 

to specific environmental laws and 

regulations (e.g., energy efficiency, noise 

abatement structures and equipment) 

may be considered exempt from the 

Rule. These actions include: 

• Equipment purchases. 

• Protective noise barriers. 

• Required noise mitigation actions 

including the installation and operation 

of hush houses for aircraft and engine 

maintenance. 

7. Federal Actions Which Are Part of a 

Continuing Response to an Emergency 

or Disaster [40 CFR 93.153(d)(2) and (e)] 

Actions in response to emergencies, 

natural disasters, etc., that involve 

overriding concerns for public health 

and welfare, national security interests, 

or foreign policy commitments may be 

exempt from general conformity 

requirements for six months and 

possibly longer if justified in writing by 

the agency.20

III. Presumed To Conform Project 

Descriptions and Justifications 

The FAA began the process of 

developing and documenting presumed 

to conform actions with a detailed 

environmental survey of airport 

projects. The survey was conducted by 

all FAA regional offices, which 

identified approved airport projects over 

a recent two-year period that received a 

categorical exclusion (CATEX) or 

Finding of No Significant Impact 

(FONSI).21 This information was 

requested only for airports included in 

areas designated as nonattainment or 

maintenance by the EPA. Information 

compiled from these surveys described 

about 600 completed projects at over 

100 airports. 

The survey information was 

processed by assigning each airport 

planning and development project into 

one of two categories: (1) Projects that 

are exempt from the requirements of the 

Rule as defined by 40 CFR 93.153(e); or 

(2) projects that require an applicability 

analysis before being defined as de 

minimis (i.e., presumed to conform), 

according to 40 CFR 93.153(c)(1). 

Specific information on the application 

of these two project categories is 

presented in Section II and Section III 

of this document, respectively. 

In the analysis of the survey results, 

any airport project that exceeded de 

minimis levels even once was 

considered ineligible for the presumed 

to conform list. Follow-up 

communications with airports and FAA 

regional representatives helped to 

clarify terminology and confirm the 

reliability of the presumptions. In 

addition, the FAA performed detailed 

worst-case analyses where practicable in 

areas where project size and 

implementation could conceivably 

result in the exceedance of de minimis 

levels. 

The airport project survey data and 

other agency experience in 

implementing similar actions taken over 

recent years provide the fundamental 

basis for all of the presumed to conform 

classifications. The FAA conducted 

additional quantitative analyses for 

specific project areas, as practicable. 

These analyses are summarized in 

Section III, and include the following: 

pavement markings; terminal upgrades; 

commercial vehicle staging areas; nonrunway paving; heating, ventilation, and 

air conditioning (HVAC) systems; and 

low-emission technology and alternative 

fuel vehicles. 

Based on the survey of airport 

projects, the additional evaluations, and 

quantitative analyses, only those project 

categories that were proven to be 

reliably and consistently de minimis 

were classified as presumed to conform. 

In general, FAA presumed to conform 

actions involve maintenance, 

navigation, construction, safety, security 

activities, and new technology and 

vehicle systems that do not modify or 

increase airport capacity or change the 

operational environment of the airport 

in such a way as to increase air 

emissions above de minimis thresholds. 

Presented below are the airport 

project descriptions and justifications 

for FAA actions that are presumed to 

conform. There are fifteen project 

categories, which are discussed in the 

following order: 

1. Pavement Markings. 

2. Pavement Monitoring Systems. 

3. Non-Runway Pavement Work. 

4. Aircraft Gate Areas on Airside. 

5. Lighting Systems. 

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22The Gross Vehicle Weight Rating (GVWR) 

system defines a Class 7 diesel truck as one that can 

carry 26,001 to 33,000 pounds of weight on two 

axles. 

23EPA Report 460/3–91–02, November 1991, 

Nonroad Engine and Vehicle Emission Study—

Report. 

24EPA Report NR–005A, December 9, 1997, 

revised June 15, 1998, Median Life, Annual Activity, 

and Load Factor Values for Nonroad Engine 

Emissions Modeling. 

25Calculations of maximum paint volume 

include consideration of construction equipment. 

26Short tons, where one ton equals 2,000 lbs. 

27The limiting pollutant is defined as the criteria 

pollutant that first exceeds de minimis levels for a 

given project. 

6. Terminal and Concourse Upgrades. 

7. New HVAC Systems, Upgrades, and 

Expansions. 

8. Airport Security. 

9. Airport Safety. 

10. Airport Maintenance Facilities. 

11. Airport Signage. 

12. Commercial Vehicle Staging 

Areas. 

13. Low-Emission Technology and 

Alternative Fuel Vehicles. 

14. Air Traffic Control Activities and 

Adopting Approach, Departure and 

Enroute Procedures for Air Operations. 

15. Routine Installation and Operation 

of Aviation Navigation Aids. 

1. Pavement Markings 

Airport sponsors apply paint on 

paved surfaces, such as runways, 

taxiways, apron areas, cargo areas, and 

parking lots to ensure the safe operation 

of aircraft during approach and landing 

and to provide safe direction for surface 

vehicles. Most pavement marking 

projects are considered routine 

maintenance activities, qualifying as 

exempt from the Rule (see Section II, 

number 2 of this Notice). These actions 

are designed to restore and improve 

painted surfaces that have deteriorated 

due to time, use, and weather. 

Federal actions that alter airport use 

through new pavement markings are not 

routine maintenance but are presumed 

to conform if such actions do not 

increase airport capacity or introduce a 

larger class of aircraft at the airport. For 

example, new runway markings for 

improved flight procedures from visual 

flight rules (VFR) to instrument flight 

rules (IFR) are presumed to conform if 

normal traffic flow is maintained. 

Pollutant emissions due to the paint 

application process are primarily 

composed of VOC from the paint, and 

NOX emitted from the trucks and 

application compressors required to 

prepare the surface and apply the paint. 

Emissions of both VOC and NOX are 

considered precursors to the 

development of ozone in the 

atmosphere. Therefore, emissions from 

the application of painted pavement 

markings pertain most importantly to 

ozone nonattainment and maintenance 

areas. 

A worst-case calculation of emissions 

was performed based on equipment and 

types of paint required to mark a 

Category III 13,000-foot runway with an 

instrument lighting system (ILS) to FAA 

specifications. The calculation of 

emissions included the removal of 

existing markings using water pressure 

through a compressor mounted on a 

diesel truck, a pavement sweeper truck 

to remove debris, the application of the 

paint using an air compressor mounted 

on a diesel truck, and a small hand 

sprayer for detailed markings, such as 

squared corners. A total of 2,492 gallons 

of paint (a combination of white, 

yellow, and black) were applied to the 

representative runway at a rate of 115 

square feet per gallon of paint. The 

trucks transporting the paint and 

compressors were assumed to be similar 

to a single axle, Class 7 diesel pickup 

truck.22 The sweeper was assumed to be 

a regenerative diesel air power model, 

using a chassis engine and an auxiliary 

engine to power the brushes. 

Manufacturers’ Material Safety Data 

Sheets were referenced for the VOC 

emissions factors for the three colors of 

latex paint. Emissions factors for the 

criteria and precursor pollutants were 

obtained from the EPA Nonroad Engine 

and Vehicle Emission Study-Report.23

Load factors and horsepower ratings 

were obtained from the EPA Nonroad 

Engine and Vehicle Emission StudyReport and Median Life, Annual 

Activity, and Load Factor Values for 

Nonroad Engine Emissions Modeling.24

The maximum volume of paint that 

could be applied without equaling or 

exceeding the de minimis thresholds for 

any nonattainment and maintenance 

classification was calculated.25 For 

instance, an airport located within an 

extreme nonattainment area for ozone is 

limited to net project emissions of 10 

tons of VOC per year. This translates 

into an annual application of 21,890 

gallons of paint, which also causes 0.21 

tons 26 of NOX emissions. For example, 

this volume of paint would mark eight 

Category III 13,000-foot ILS runways. A 

volume of paint on the order of one 

million gallons is required to cause 

emissions of NOX to equal 10 tons per 

year. Likewise, a volume of paint on the 

order of five million to 176 million 

gallons is required in order to be 

sufficient to exceed the de minimis 

thresholds for CO, SO2, or PM10. 

Therefore, VOCs are the limiting 

pollutant 27 for the application of paint 

at airports and emissions of NOX, CO, 

SO2, and PM10 are considerably less. 

Table III–1 provides the gallon 

application limits, which include the 

use of construction equipment for 

pavement markings in nonattainment 

and maintenance areas. 

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BILLING CODE 4910–13–C 2. Pavement Monitoring Systems 

Airports have the option of installing 

a pavement monitoring system to 

indicate when the durability and 

strength of the pavement needs to be 

reinforced. These systems are 


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28FAA AC 150/5320–6D, September 7, 1995, 

Airport Pavement Design and Evaluation. 

29As recommended under FAA AC 150/5320–16, 

October 22, 1995, Airport Pavement Design for the 

Boeing 777 Airplane. 

30Stabilized base layers as necessary for new 

pavements designed to accommodate jet aircraft 

weighting 100,000 pounds or more. FAA AC 150/ 

5320–6D, September 7, 1995, Airport Pavement 

Design and Evaluation. 

31Portland cement is a hydraulic cement made by 

heating a mixture of limestone and clay in a kiln 

and pulverizing the resulting material. 

32FAA AC 150/5320–6D, September 7, 1995, 

Airport Pavement Design and Evaluation. 

33EPA Report 460/3–91–02, November 1991, 

Nonroad Engine and Vehicle Emission Study—

Report. Table 2–07 Emission Factors. 

34EPA Report NR–005A, December 9, 1997, 

revised June 15, 1998, Median Life, Annual 

Activity, and Load Factor Values for Nonroad 

Engine Emissions Modeling. 

implemented for safety reasons to 

ensure that an airport’s runway, 

taxiway, and apron network are 

sufficiently able to support the weight of 

aircraft. Minor construction work is 

required for the installation of the 

monitoring system. Assuming the 

installation requires the use of a pickup 

truck, a utility truck, an excavator, an 

asphalt paver, a compactor, and a small 

generator, construction would have to 

proceed continuously (eight hours per 

day, 20 days per month) for more than 

a year (1.1 years) in order to produce 

emissions near the level of 10 tons of 

NOX. For the remaining criteria 

pollutants and precursors, construction 

on the order of several years would be 

required to approach the de minimis 

thresholds. Pavement monitoring 

systems are installed in less than a 

week; therefore, project construction 

emissions are well below de minimis 

and presumed to conform. 

3. Non-Runway Pavement Work 

Airfield pavement must be 

constructed to withstand the weight of 

aircraft and to produce a firm, stable, 

smooth, year-round, all-weather surface. 

The pavement must be of such quality 

and thickness that it will not fail under 

the weight of aircraft and it must 

possess sufficient inherent stability to 

withstand, without damage, the abrasive 

action of aircraft traffic and adverse 

weather conditions.28 These pavement 

specifications apply to non-runway 

areas of the airfield where aircraft 

operate, including taxiways, apron 

areas, and gate areas. The specific 

pavement requirements are satisfied by 

applying rigid pavement consisting of 

layers of crushed stone bound and 

pressed into a smooth surface. 

Most airfield construction projects 

that are presumed to conform involve 

areas of the airfield, generally referred to 

as apron areas, that accommodate 

aircraft for purposes of loading or 

unloading passengers or cargo, 

refueling, or aircraft parking. These 

types of airfield projects do not include 

projects intended to increase airport 

capacity or those that are otherwise 

defined as routine maintenance for 

existing apron areas. Taxiway 

construction projects are limited to 

improvements of existing taxiways that 

will not affect runway use, increase 

capacity, enable new aircraft types, or 

change existing airfield operations when 

complete (e.g., new high speed exits 

would represent such a change). 

Construction projects in this category do 

not include blasting or substantial ‘‘cut 

and fill’’ activity to level the terrain or 

prepare the surface area. If an apron area 

or taxiway project does not meet the 

conditions as described above, a project 

emissions inventory of direct and 

indirect emissions is required to 

determine the further applicability of 

general conformity. 

Pollutant emissions due to airfield 

construction are solely from the use of 

construction equipment and are 

primarily comprised of NOX, a 

precursor to ozone development, and 

CO resulting from the trucks operated to 

haul the large amounts of stone and 

gravel that must be used to form the 

support layers for the paving material. 

The evaluation of emissions from 

airfield paving was based on a 

representative project in the FAA 

Eastern Region. The project required 

equipment and materials to construct 

approximately 600,000 square feet of 

airfield and concrete shoulder area with 

an assumed surface design life of 20 

years.29 The conservative calculation of 

emissions included the preparation of 

the site allowing for a four-inch 

geotextile layer of subgrade soil, a fourinch frost protection layer of crushed 

stone, a four-inch sub base layer of 

finely crushed stone, an eight-inch base 

layer of gravel mixed with a stabilizer 

such as cement,30 and the application of 

a six-inch layer of Portland cement 

concrete.31 This type of construction 

design allows for a total pavement 

thickness of 26 inches; the minimum 

total pavement thickness for the 

accommodation of jet aircraft weighing 

100,000 pounds or more is 20 inches.32

Also included in the construction 

emissions inventory is the installation 

of a drainage system. 

Emissions factors for construction 

equipment were obtained from the 

EPA’s 1991 Nonroad Engine and 

Vehicle Emission Study—Report.33 Load 

factors and horsepower ratings for the 

construction equipment were obtained 

from the EPA’s 1991 Nonroad Engine 

and Vehicle Emission Study—Report 

and the EPA’s 1997 Median Life, Annual 

Activity, and Load Factor Values for 

Nonroad Engine Emissions Modeling.34

The maximum allowable square 

footage of airfield construction was 

calculated for each nonattainment and 

maintenance category. The analysis 

showed that NOX was the limiting 

pollutant for airfield paving projects and 

that emissions of VOC, CO, SO2, and 

PM10 are considerably less in 

comparison with NOX. 

Table III–1 provides the area limits for 

non-runway airfield construction in 

nonattainment and maintenance areas. 

For instance, an airport located within 

an area designed as extreme 

nonattainment for ozone, which limits 

net project emissions to the rate of 10 

tons per year of NOX, is limited to 

constructing 219,368 square feet (5.04 

acres) of apron area, which also causes 

0.93 tons of VOC emissions. As a 

reference, four acres is generally 

sufficient to provide remote or 

‘‘hardstand’’ (non-gate) parking for three 

narrow-body aircraft. Construction of an 

airfield/apron area on the order of 2.38 

million square feet (54.7 acres) causes 

emissions of VOC up to 10 tons per 

project, creating emissions of NOX of 

approximately 109 tons. New airfield 

construction on the order of 150 to 600 

acres would be required to exceed the 

de minimis thresholds for CO, SO2 and 

PM10. Generally speaking, emissions of 

NOX are on the order of three times the 

emissions of CO for these types of 

projects and are more than 10 times the 

emissions of the remaining criteria 

pollutants. 

4. Aircraft Gate Areas on Airside 

Aircraft gate areas refer to the area 

outside of the terminals and concourses 

where jetways are used to link parked 

aircraft to the terminal building. Federal 

actions to improve aircraft gate areas 

(e.g., gate electrification) can be part of 

airport modernization efforts involving 

new airline tenants or the introduction 

of newer and more efficient technology. 

Aircraft gate areas involve a wide range 

of activities from aircraft loading and 

unloading of passengers and cargo to the 

servicing of aircraft by lavatory, food 

supply, and maintenance vehicles. 

Upgrades to the aircraft gate area are 

often needed to accommodate changing 

flight schedules and daily activity. The 

addition or modification of jetways to 

existing terminal buildings is typically 

done to adjust to changes in air travel 

demand and airline requirements. Such 

projects are intended to improve 

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35EPA Report 460/3–91–02, November 1991, 

Nonroad Engine and Vehicle Emission Study—

Report. 36EPA Report NR–005A, December 9, 1997, 

revised June 15, 1998, Median Life, Annual 

Activity, and Load Factor Values for Nonroad 

Engine Emissions Modeling. 

37A boiler is an encased vessel that provides a 

means for combustion heat to be transferred into 

water until it becomes steam. The steam is then 

used to heat the building through a network of 

pipes. When water is boiled into steam its volume 

increases about 1,600 times, which is an efficient 

means for transferring heat for a process. 

HVACWebTech, Inc. 

passenger terminal service by reducing 

passenger queuing and waiting times. 

Actions to approve or fund the 

upgrading of aircraft gate areas are 

presumed to conform provided such 

actions do not increase aircraft 

operations or introduce a larger class of 

aircraft at the airport. 

5. Lighting Systems 

Airport sponsors may need to install 

new lighting systems to maintain proper 

illumination of roadways, taxiways, 

runways, and parking areas. The data 

from the FAA surveys indicated that 

airport upgrading and installing of new 

lighting systems is done on an asneeded basis. 

Minor mechanical work is required 

for the installation effort, followed by 

electrical work that does not require 

large off-road construction equipment. 

Assuming the installation requires the 

use of a pickup truck, a utility truck, an 

excavator, and a small generator, the 

construction will have to proceed 

continuously (eight hours a day, 20 days 

a month) for more than 17 months (1.4 

years) in order to produce emissions 

near the level of 10 tons of NOX. For the 

remaining criteria pollutants and 

precursors, construction on the order of 

several years would be required to 

approach the de minimis thresholds. 

Runway and other lighting systems can 

be installed in less than two weeks; 

therefore, project construction 

emissions are well below de minimis 

and presumed to conform. 

6. Terminal and Concourse Upgrades 

The opportunity to expand or upgrade 

terminals and concourses for improving 

passenger convenience or 

administrative use typically involves 

increasing or renovating the interior 

terminal space, including offices, hold 

rooms, concessions, restrooms, and gate 

areas. Terminal and concourse upgrades 

do not include new or upgraded 

heating, ventilation, and air 

conditioning systems, which are 

covered under a separate presumed to 

conform action (#7) because of their 

additional operating emissions. 

Qualifying projects in this category do 

not include terminal replacement 

projects or have the effect of attracting 

more passengers. Nor do they have the 

effect of increasing the airport’s ability 

to accommodate additional numbers or 

types of aircraft or to increase passenger 

loading on scheduled flights. Major 

terminal and/or concourse expansion 

projects that are designed to increase 

passenger usage or to support increased 

airfield capacity through new aircraft 

gates, runways, taxiways, etc. require an 

inventory of direct and indirect 

emissions to determine the further 

applicability of general conformity. 

Construction vehicles and equipment 

are the dominant source of emissions 

when expanding or upgrading 

terminals. A conservative approach to 

quantifying construction emissions was 

used to determine the appropriate limits 

for this type of activity. The emission 

limits are presented in Table III–1 under 

‘‘Terminal Upgrades’’ according to the 

de minimis thresholds. 

A proposed terminal expansion 

project located in the FAA’s Southern 

Region was used as the representative 

project. The terminal was proposed to 

have an additional footprint of 381,000 

square feet. This proposed project was 

purposely selected to provide a 

conservative estimate of construction 

emissions normally released from this 

type airport improvement activity, even 

though this presumed to conform 

activity is limited to non-capacity 

enhancing projects. Emissions were 

quantified in this case from construction 

activities, including soil cement 

preparation, subgrade preparation, light 

and heavy demolition, cement base 

treatment, installation of the grade 

aggregate base, construction of the 

terminal, light and heavy utility work, 

and light and heavy earthwork. In 

addition, the proposed terminal 

expansion was assumed to occur within 

the same calendar year instead of the 

proposed schedule of seven years. 

Construction emissions were 

calculated using prescribed EPA 

methodology incorporating the 

projected construction activity level, the 

number of construction vehicles and 

equipment, and industry-wide 

utilization rates. Emission factors for 

construction vehicles and equipment 

were taken from EPA databases for 

nonroad vehicles and engines,35 and 

their updates.36

A proposed terminal/concourse 

expansion project is presumed to 

conform up to the square foot additions 

(footprint) of the project as determined 

by the most limiting pollutant (see Table 

III–1). The prescribed build-out limits 

per calendar year apply to all 

components of the terminal/concourse 

upgrade project according to the air 

quality status of the area in which the 

project is located. 

7. New HVAC Systems, Upgrades, and 

Expansions 

Upgrading and expanding heating, 

ventilation, and air conditioning 

(HVAC) systems are presumed to 

conform because any emission increases 

associated with improvements to airport 

heating and cooling systems are 

generally minor and well below de 

minimis thresholds. 

Heating for airport terminal buildings 

is typically provided through a boiler 

system.37 Boilers may be fueled by 

natural gas, coal (bituminous, subbituminous, or anthracite), No. 5 and 

No. 6 fuel oil (residual), No. 2 fuel oil 

(diesel), culm fuel, and liquefied 

petroleum gas (propane or butane). 

Pollutant emissions due to the operation 

of boilers vary with the fuel used. The 

emission factors for the various fuels are 

presented in Table III–2 below. 

A new, upgraded, or expanded boiler 

system involves the installation of new 

equipment to replace or expand the 

capacity of existing boiler systems. 

Boilers can be very large and are 

sometimes delivered on flatbed semitractor trailer trucks and set in place by 

a crane. Table III–3 presents the 

construction emissions, primarily NOX

and CO, associated with the installation 

of a large boiler as described. 

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38FAA AC 150/5360–13, April 22, 1988, Planning 

and Design Guidelines for Airport Terminal 

Facilities. 

39FAA, 2007, Emissions and Dispersion Modeling 

System EDMS Version 5.0. 

40Assuming a 100,000 sq. ft. one-floor building 

would require approximately 2.4 million cubic 

meters of natural gas to heat the building, annually; 

based on the industry standard heat value, 1,000 

BTU per cubic foot of natural gas, annually [Airtron 

Heating and Air Conditioning, Columbus, Ohio]. 

41 40 CFR part 93, § 93.153(d)(1). 

Airport terminals consume energy for 

heat at a higher rate than most public 

buildings. The reasons for this include 

the open areas surrounding many 

airports, heat loss from the movement of 

people and baggage in and out of 

buildings, and the usual 24-hour 

operation of facilities. The consumption 

of energy to generate heat is also 

dependent upon the design of the 

terminal building. For instance, many 

airport terminals are designed with 

exterior glass walls or incorporate 

design, art, and architectural treatments 

that reflect local customs and 

community history.38 The many 

variations of airport terminal design, 

including geographical location, make it 

impractical to identify the ‘‘typical 

terminal building’’ for purposes of 

determining total emissions. Therefore, 

the presumption of conformity could 

not be based on the characteristics of the 

building, but rather on the volume of 

fuel consumed. 

As discussed, emissions resulting 

from the operation of boilers depend on 

the type of fuel powering the boiler 

system. Emissions from the use of 

propane, butane, and natural gas are of 

concern in ozone nonattainment and 

maintenance areas since the primary 

pollutant from combustion of these fuels 

is NOX, a precursor to ozone formation. 

Hydrocarbons (HCs) are another 

precursor to ozone but they are 

relatively low for these fuel types in 

comparison to NOX emissions. The 

primary pollutant from the combustion 

of fuel oil (No. 2 diesel, and No. 5 and 

No. 6 residual) is SO2, while particulate 

matter is the primary pollutant from the 

combustion of coal, including culm fuel. 

Therefore, NOX, SO2, PM2.5, and PM10

are the most likely limiting pollutants 

for the operation of boiler systems at 

airports. 

Table III–4 below presents maximum 

annual fuel throughput for heating 

systems and boilers by fuel type at 

levels that do not equal or exceed the de 

minimis thresholds. The FAA Emissions 

and Dispersion Modeling System 

(EDMS) was used to perform the 

calculations. EDMS emission factors are 

conservatively based on EPA’s AP–42 

emissions quantification 

methodology.39

The analysis shows, for example, that 

an airport located in a severe 

nonattainment area for ozone, with a de 

minimis NOX threshold of 25 tons per 

year, could operate new or improved 

boilers using up to 5.05 million cubic 

meters of natural gas annually, which is 

sufficient to heat a building of 

approximately 210,000 square feet.40

NOX emissions in a severe ozone 

nonattainment area would be limited to 

907,000 gallons of No. 6 fuel oil 

(residual), 2,065,000 gallons of No. 2 

fuel oil (diesel), 2,603,000 gallons of 

propane, 1,515 short tons of bituminous 

coal, or 2,777 short tons of anthracite 

coal on an annual basis. 

The installation, upgrade, or 

expansion of an airport HVAC system 

that requires a permit under new source 

review (NSR) or prevention of 

significant deterioration programs is 

exempt from a general conformity 

determination.41 The inclusion of 

airport boiler installations/ 

modifications as a presumed to conform 

activity does not affect existing or future 

requirements of Federal, State or local 

air quality operating permit programs. 

Proper compliance with all applicable 

environmental regulations must be 

maintained. 

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BILLING CODE 4910–13–C 

8. Airport Security 

Based on collected project 

information and additional agency 

experience with airport security actions 

following the events of September 11, 

2001, the FAA has determined that 

dedicated security-related airport 

projects qualify as presumed to conform 

actions, including modification of 

existing terminals with luggage and 

passenger scanning devices, addition of 

camera surveillance, bolstering of 

airport security fencing, and 

reinforcement of airport access control. 

In most cases, the installation of 

security equipment and upgraded 


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42FAA Aviation Security Directive issued 

February 2002. 

43 40 CFR Part 93, § 93.153(e). 

44 Ibid. 

45FAA AC 150/5300–13, September 29, 1989, 

Airport Design. 

46Per index under 14 CFR Part 139, § 139.319(a) 

operations in existing facilities will not 

result in the generation of air emissions. 

If the construction and installation of 

some dedicated security projects do 

cause emissions, these emissions will be 

minor and well below the de minimis 

thresholds. 

Security requirements also may 

dictate that parking spaces close to 

terminal buildings be eliminated.42 As a 

result, FAA actions associated with the 

expansion of parking facilities to 

compensate for lost close-in parking are 

presumed to conform provided these 

actions are limited to a one-for-one 

replacement of parking capacity. 

Generally, the relocation of parking 

spaces away from the terminal building 

will reduce vehicle miles traveled 

(VMT) on airport property, resulting in 

an emissions decrease. 

It is important to note that this 

category of presumed to conform actions 

is separate from exempt Federal actions 

under the Rule that are part of a 

continuing response to an emergency or 

disaster.43 Agency use of the emergency 

exemption is limited in time and must 

involve overriding concerns for public 

health and welfare, national security 

interests, and foreign policy 

commitments.44

9. Airport Safety 

Airport projects relating to airport 

safety include actions specific to the 

Runway Safety Area (RSA). FAA 

regulations specify the requirements for 

a RSA, which is defined as the surface 

area that surrounds and extends beyond 

the runway ends that is required for 

reducing the risk of damage to airplanes 

in the event of an undershoot, 

overshoot, or excursion from the 

runway.45 RSA improvements are 

presumed to conform unless a new road 

or the relocation of a road is required. 

In addition to a safe airfield, airport 

projects to build, expand, replace, 

upgrade, or equip a required Aircraft 

Rescue and Firefighting Facility (ARFF) 

are presumed to conform. These 

facilities are relatively small airport 

projects and must be provided by the 

airport to ensure airport and passenger 

safety. Airports must meet ARFF 

requirements as specified under 14 CFR 

139.317, and are responsible for 

upgrading an ARFF if there is an 

increase in the average daily departures 

or the length of an air carrier aircraft.46

10. Airport Maintenance Facilities 

Airport maintenance facilities house 

the equipment necessary to run, service, 

and maintain the airport environs. 

These facilities can include vehicle 

service centers, fueling stations, and 

storage areas for snow removal and 

maintenance equipment. FAA actions 

associated with upgrading airportowned maintenance facilities are 

presumed to conform based on the fact 

that these facilities typically require 

only minor construction. However, the 

installation or upgrading of aircraft 

maintenance facilities (typically owned 

by an airline or charter company) that 

are used to paint or maintain aircraft at 

an airport are not considered presumed 

to conform because aircraft maintenance 

facilities may cause an increase in 

flights to meet maintenance schedules. 

11. Airport Signage 

Airport sponsors place signs 

throughout the airport property to direct 

passengers, employees, and vendors to 

terminals, parking lots, rental car areas, 

maintenance areas, etc. In addition, 

airports provide a network of signs to 

direct aircraft and vehicles on the 

airfield. Airport signage is often 

electrified for illumination at night and 

for other times of limited visibility. In 

general, airport signage installation can 

be completed in a matter of days or 

weeks. It would require more than a 

year of continuous installation to exceed 

the 25-ton threshold for NOX. Therefore, 

airport signage installation projects are 

presumed to conformed. 

12. Commercial Vehicle Staging Areas 

Commercial vehicle staging areas at 

airports serve as temporary holding 

areas for taxicabs, limousines, and other 

commercial vehicles. Such areas reduce 

the need to idle at the terminal curb 

front and help to decongest the terminal 

roadways. Airports that employ 

commercial vehicle staging areas may 

enforce specific idling restrictions or 

engine-off mandates to further reduce 

air quality impacts. Generally, the use of 

commercial vehicle staging areas is an 

emissions reduction strategy because 

the alternative inherently creates more 

emissions from increased traffic and 

congestion at the terminal. 

A Federal action to develop a 

commercial vehicle staging area for 

purposes of relieving airport traffic 

congestion is presumed to conform 

based on the criteria provided in Table 

III–1 for a ‘‘Commercial Vehicle Staging 

Area.’’ Providing a commercial vehicle 

staging area does not cause an increase 

in the volume of vehicles on regional 

roadways and impacts air quality only 

through the use of construction 

equipment to pave the staging area. 

Construction emissions are primarily 

comprised of NOX and CO. 

The quantity of emissions associated 

with the construction of an asphalt 

taxicab staging area was based on a 

construction design for a regional 

asphalt roadway. The calculation of 

emissions included activities such as 

excavation, preparation of the subgrade, 

adding a base layer of stone, fine 

grading, and paving. The paving process 

included the application of a tack coat, 

wearing course, and the final seal coat. 

The type and use of construction 

equipment was determined based on 

information obtained from the R.S. 

Means’ Means Building Construction 

Cost Data, and the State of Ohio 

Department of Transportation’s Manual 

of Procedures for Flexible Pavement 

Construction and Pavement Design and 

Rehabilitation Manual. Rated 

horsepower and load factors for each 

construction unit was obtained from the 

EPA’s Nonroad Engine and Vehicle 

Emission Study-Report and Median Life, 

Annual Activity, and Load Factor 

Values for Nonroad Engine Emissions 

Modeling, and the Caterpillar 

Performance Handbook. 

Emission factors were obtained from 

the EPA’s Nonroad Engine and Vehicle 

Emission Study-Report. 

The acreage that could be paved 

without equaling or exceeding the de 

minimis thresholds for each applicable 

nonattainment or maintenance category 

was calculated and summarized in 

Table III–1. For instance, an airport 

located within an area designated as 

severe nonattainment for ozone, which 

limits net project emissions to an annual 

rate of 25 tons of NOX, is limited to a 

commercial vehicle staging area of about 

13 acres, or 561,584 square feet, which 

results in 2.35 tons of VOC emissions. 

Paving of approximately 137 acres is 

required to cause emissions of VOC of 

nearly 25 tons, as established for a 

severe nonattainment area for ozone. In 

order to approach the 100 ton de 

minimis thresholds for other criteria 

pollutants, paving areas of 

approximately 140 acres would be 

required for CO, 556 acres for SO2, and 

more than 595 acres for PM10. Therefore, 

NOX is the limiting pollutant for paving 

projects at airports and emissions of 

VOC, CO, SO2, and PM10 are 

considerably less in comparison to NOX. 

13. Low-Emission Technology and 

Alternative Fuel Vehicles 

A growing number of airports are 

interested in new technology and 

vehicle systems to reduce stationary and 

mobile emissions. Based on agency and 

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47FAA Order 5100.38C, Airport Improvement 

Program Handbook, June 2005, §§ 580, 585. 

48 58 Fed. Reg. 63229 (Nov. 30, 1993). 

49EPA Report, Procedures for Emission Inventory 

Preparation, Volume IV: Mobile Sources [420R–92–

009], section 5.2.2., 1992. 

50Realistic Mixing Depths for Above Ground 

Aircraft Emissions, Journal of the Air Pollution 

Control Association, Vol. 25, No. 10, Howard M. 

Segal, Boeing, 1975. 

51Report on ‘‘Consideration of Air Quality 

Impacts by Airplane Operations At or Above 3,000 

feet AGL,’’ FAA–AEE–00–01, September 2000, p. 5. 

52FAA Advisory Circulars No. 25–13 and No. 91–

53A describe requirements that must be met when 

using reduced power for takeoff. 

53 14 CFR 171.1–171.51. 

54 14 CFR 169.1(a) 

55 14 CFR Part 171. 

56 58 FR 63229, I(6) (Nov. 30, 1993). 

57Consistent with FAA Order 1050.1E, Section 

401 ‘‘Actions Normally Requiring an Environmental 

Assessment’’. 

airport low-emission programs over the 

past several years, which provide 

extensive data and documentation to 

verify the emission reduction benefits of 

new low-emission technology, these 

activities are presumed to conform. 

Activities that are presumed to 

conform include the replacement, 

substitution, or conversion of 

conventional fuel vehicles (gasoline, 

diesel) to vehicles using alternative or 

clean conventional fuel technology. 

Qualified activities also encompass 

airport low-emission infrastructure 

improvements and the use of refueling 

or recharging stations needed to service 

airport low-emission vehicles. 

All low-emission activities funded 

through the FAA Voluntary Airport Low 

Emission Program (VALE) or that are 

required as part of environmental 

mitigation are presumed to conform.47

The VALE program requires that 

vehicles purchased under the program 

meet specific low-emission standards 

and that these vehicles and other 

program equipment remain at the 

airport for their useful life. 

14. Air Traffic Control Activities and 

Adopting Approach, Departure and 

Enroute Procedures for Air Operations 

The preamble to the General 

Conformity Rule 48 states that: 

‘‘In order to illustrate and clarify that 

the de minimis levels exempt certain 

types of Federal actions, several de 

minimis exemptions are listed in 

51.853(c)(2). There are too many Federal 

actions that are de minimis to 

completely list in either the rule or this 

preamble.’’

As an illustration of exempt actions, 

EPA states in the preamble that ‘‘Air 

traffic control activities and adopting 

approach, departure and enroute 

procedures for air operations’’ are 

among other actions that are de minimis 

(preamble, p. 63229, I(2)) and should be 

exempt from the Rule. Because air 

traffic control activities are cited in the 

preamble but not in the Rule itself, the 

FAA believes that it is prudent to 

document these activities as presumed 

to conform. 

Air traffic control activities are 

defined as actions that promote the safe, 

orderly, and expeditious flow of aircraft 

traffic, including airport, approach, 

departure, and enroute air traffic 

control. Airspace and air traffic actions 

(e.g., changes in routes, flight patterns, 

and arrival and departure procedures) 

are implemented to enhance safety and 

increase the efficient use of airspace by 

reducing congestion, balancing 

controller workload, and improving 

coordination between controllers 

handling existing air traffic, among 

other things. 

Project-related aircraft emissions 

released into the atmosphere above the 

inversion base for pollutant 

containment, commonly referred to as 

the ‘‘mixing height,’’ (generally 3,000 ft. 

above ground level) do not have an 

effect on pollution concentrations at 

ground level.49 50 Therefore, air traffic 

control actions above the mixing height 

are presumed to conform. 

In addition, the results of FAA 

research on mixing heights indicate that 

changes in air traffic procedures above 

1,500 ft. AGL and below the mixing 

height would have little if any effect on 

emissions and ground concentrations.51

Such actions in the vicinity of the 

airport are tightly constrained by 

runway alignment, safety, aircraft 

performance, weather conditions, 

terrain, and vertical obstructions.52

Accordingly, air traffic actions below 

the mixing height are also presumed to 

conform when modifications to routes 

and procedures are designed to enhance 

operational efficiency (i.e., to reduce 

delay), increase fuel efficiency, or 

reduce community noise impacts by 

means of engine thrust reductions. 

Other air traffic procedures and system 

enhancements that are presumed to 

conform include actions that have no 

effect on air emissions or result in air 

quality improvements, such as gate hold 

procedures which reduce queuing, 

idling, and flight delays. 

In FAA’s experience, airport capacity 

improvements result from market forces 

in today’s deregulated environment that 

determine where airlines fly and how 

often. These forces lead, for example, to 

airport planning and development of 

new runway or terminal projects, which 

are large actions that are not presumed 

to conform and must be evaluated 

further. Limited refinements to terminal 

air traffic procedures below the mixing 

height typically reduce local emissions 

as a result of improved efficiencies, 

reduced ground delays, and noise 

mitigation. 

15. Routine Installation and Operation 

of Airport Navigation Aids 

Aviation navigation aids represent the 

facilities and equipment used for 

communications, navigation, and 

surveillance (CNS) systems.53 The use 

and maintenance of CNS systems is 

essential to safe air commerce and 

national security.54 Airports are 

required to establish adequate 

maintenance systems for navigational 

aid facilities to the level of performance 

achieved at original commission.55

Similar to the previous presumed to 

conform action for air traffic control 

activities, EPA states in the preamble 

that ‘‘routine installation and operation 

of aviation (and maritime) navigation 

aids’’ are below de minimis and should 

be considered exempt actions.56

Because these activities are cited in the 

preamble but not in the Rule itself, the 

FAA believes that it is prudent to 

document these activities as presumed 

to conform. 

The routine installation, in-kind 

replacement, and maintenance of 

navigational aids (e.g., Air Traffic 

Control Towers (ATCT), Instrument 

Landing Systems (ILS), Approach Light 

Systems (ALS)) are presumed to 

conform because these activities will 

not generate emissions that exceed de 

minimis levels. Moreover, emissions 

generated by construction equipment 

and maintenance vehicles used to 

transport workers and equipment to 

CNS system sites are negligible 

considering the temporary nature of 

construction and maintenance activities 

and the limited number of vehicles 

involved. 

If the installation of new or upgraded 

navigational aids for improved safety 

and efficiency also increases the 

capacity of the airport or changes the 

operational environment of the airport, 

these CNS activities are not presumed to 

conform.57

Also presumed to conform are CNS 

emergency or standby generators 

powered by natural gas or propane. 

These generators provide electric power 

in case of primary power failure and are 

operated intermittently, with an 

estimated total time of operation of less 

than 100 hours per year. Because of the 

infrequent use and small size (135 

kilowatts or less) of the engine 

generators and the use of clean-burning 

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Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Notices 41579 

58The list must be used carefully because 

‘‘[w]here an action otherwise presumed to conform 

under paragraph (f) of this section * * * does not 

in fact meet one of the criteria in paragraph (g)(1) 

of this section, that action shall not be presumed 

to conform and the requirements of § 93.150 and 

§§ 93. 155 through 93.160 shall apply for the 

Federal action.’’ See 40 CFR § 93.153(j). 

59 It is a fair inference from EPA’s April 9, 2007 

letter to FAA that the EPA interprets 40 CFR 

§ 93.153(f) to permit the FAA to define total direct 

and indirect emissions to include presumed to 

conform actions in certain circumstances, 

notwithstanding 40 CFR § 93.152. 

60 40 CFR 1506.1(c)(1) and 1508.25(a), Council on 

Environmental Quality, Regulations for 

Implementing the Procedural Provisions of NEPA. 

61 40 CFR 1508.25(1). 

62An allowance to this provision is discussed in 

the following paragraph. 

63Emissions from exempt actions are excluded in 

accordance with 40 CFR 93.152. 

64Requirements and allowances for combined 

actions are based on interagency communications 

with EPA. 

65 In the preamble to the General Conformity 

Rule, EPA decided not to adopt its initial proposal 

to permit Federal agencies to use the NEPA concept 

of tiering and analyze actions in a staged manner 

in conducting conformity analyses. EPA explained, 

among other things: ‘‘[T]iering could cause the 

segmentation of projects for conformity analysis, 

which might provide an overall inaccurate estimate 

of emissions. The segmentation of projects for 

conformity analyses when emissions are reasonably 

foreseeable is not permitted by this rule.’’ (58 FR 

63240). 

66 40 CFR 1508.7. 

fuels, the engine generators produce 

negligible air emissions. 

IV. How To Apply Presumed To 

Conform Actions 

The qualifying project categories 

discussed in the preceding section may 

be referred to as the FAA ‘‘presumed to 

conform list.’’ The analysis for 

presumed to conform actions is 

considered representative of the vast 

majority of possible airport projects 

within each category. However, FAA 

employees must consider the 

appropriateness of applying this list, 

particularly how the proposed project 

compares to the presumed to conform 

category of projects.58

As authorized under the CAA, the list 

provides an additional way for the FAA 

to improve its environmental program 

management while still ensuring that 

agency air quality goals and 

requirements are met. Use of the list 

will reduce review times, eliminate 

unnecessary paperwork, clarify 

analytical requirements for all project 

actions, and insure that the proper level 

of documentation is applied in each 

case. Moreover, in some instances, the 

presumed to conform list can provide 

another method that the FAA can use to 

demonstrate conformity with an 

applicable SIP. 

As part of the process of developing 

the list of actions presumed to conform 

under 40 CFR 93.153(f), the FAA, in 

close consultation with the EPA, has 

exercised its discretion to establish 

separate procedures.59 FAA established 

its own procedures for including 

presumed to conform actions in total 

emissions in determining applicability 

and conformity to avoid segmentation of 

projects for conformity analysis when 

emissions are reasonably foreseeable. 

When applying the presumed to 

conform list, the FAA determines 

whether it is dealing with proposed 

presumed to conform actions that 

represent one or more ‘‘single actions’’

or a ‘‘combined action.’’ The FAA also 

determines whether the combined 

action involves multiple connected 

presumed to conform actions or 

presumed to conform actions that are 

part of a larger project being evaluated 

under the environmental review 

requirements of the National 

Environmental Policy Act (NEPA). 

Below is a description of the different 

actions and procedures. 

Single Action. A single action is 

defined as a presumed to conform 

action that is not connected or 

dependent on other actions and which 

is determined to have independent 

utility.60 For such actions, no general 

conformity evaluation or applicability 

analysis is required and agency officials 

may simply document that the project 

action is considered presumed to 

conform on the basis of this Notice and 

the applicable project category. 

Using the analysis and documentation 

for this Notice meets a major intent of 

presumed to conform—namely to 

reduce the analysis burden for actions 

that have little or no direct or indirect 

emissions. By analyzing each project 

category in the presumed to conform list 

and reporting the findings in the 

preceding section, the FAA has shown 

that the resulting emissions from each 

presumed to conform action would 

typically be below the applicable de 

minimis thresholds. 

Combined Action. A combined action 

is defined as either: (1) Multiple 

presumed to conform actions that are 

connected to each other; or (2) one or 

more presumed to conform actions that 

are connected to one or more nonpresumed to conform actions being 

evaluated under the environmental 

review requirements of NEPA (e.g., EA 

or EIS). The Council on Environmental 

Quality defines ‘‘connected actions’’ as 

actions that are closely related 

involving, for example, interdependent 

parts of a larger action, dependence on 

a larger action for justification, or 

dependence on other actions taken 

previously or simultaneously.61

Where there is a combined action, 

then only one action specified on the 

presumed to conform list may be 

excluded in calculating total direct and 

indirect emissions. The emissions from 

all the other actions that are not 

otherwise exempt must be calculated to 

determine that total emissions from the 

remaining actions.62 For example, the 

FAA may undertake a project with 

several connected actions that must be 

analyzed under NEPA. Several of those 

actions may individually be listed on 

the presumed to conform list because 

those actions taken alone would 

typically have emissions below de 

minimis levels. To determine whether 

such a project requires a conformity 

determination, FAA excludes one 

presumed to conform action and then 

prepares an applicability analysis for 

the remaining actions. In other words, 

FAA determines whether the emissions 

from the combination of actions, less 

one presumed to conform action, equals 

or exceed de minimis levels or assists in 

demonstrating conformity. 

FAA procedures for combined actions 

permit FAA to exclude the emissions 

from one presumed to conform action 

and to prepare an applicability analysis, 

and a conformity determination if 

necessary, based upon the total direct 

and indirect emissions of the actions 

that are not otherwise exempt.63 Thus, 

in a combined action, the emissions 

from one presumed to conform action 

may be excluded from the calculation of 

total project emissions. The process 

could show that either the combined 

action (minus the one excluded 

presumed to conform action) would 

equal or exceed de minimis thresholds 

and thus trigger a conformity 

determination, or that the combined 

action (minus the one excluded 

presumed to conform action) is below 

de minimis thresholds with no further 

action required. Consequently, the 

allowance to exclude one presumed to 

conform action could make a difference 

as to whether a conformity 

determination is needed or whether 

conformity is demonstrated. FAA 

officials have the authority and 

responsibility to decide which 

presumed to conform action is excluded 

if more than one is present in a 

combined action.64

The FAA has determined as a matter 

of policy to implement the presumed to 

conform list with respect to combined 

actions by balancing considerations 

about project segmentation 65, 

connected actions under NEPA 66, and 

the permitted exclusion of emissions 

attributable to presumed to conform 

actions under the Rule. With regard to 

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41580 Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Notices 

67EPA gives as an example a Federal action that 

includes construction of a new industrial boiler 

project, that is exempt, and a separate office 

building. The emissions from the hypothetical 

boiler exceed de minimis levels however it is 

exempt and so the emissions are excluded. The 

emissions from the office building alone are below 

de minimis levels. As a result, the action as a whole 

does not need a conformity determination. (58 Fed. 

Reg. 63233). 

68The primary source of agency air quality 

procedures and analysis requirements is the FAA 

Air Quality Handbook entitled Air Quality 

Procedures for Civilian Airports and Air Force 

Bases, FAA and USAF, April 1997. 

69 Documentation for low-emission technology 

and alternative fuel vehicles may be based on the 

findings of the FAA VALE program and its 

preceding pilot program (ILEAV). 

70This section provides that actions specified by 

individual federal agencies that have met applicable 

criteria and procedures are presumed to conform 

‘‘except as provided in paragraph (j) of this 

section.’’ Paragraph (j) states: ‘‘Where an action 

otherwise presumed to conform under paragraph (f) 

of this section is a regionally significant action 

* * * that action shall not be presumed to conform 

and the requirements [for a conformity analysis and 

determination] shall apply for the Federal action.’’

71The FAA Air Quality Handbook states that an 

airport project that is presumed to conform is 

unlikely to have emission levels that are regionally 

significant (Air Quality Procedures for Civilian 

Airports and Air Force Bases, FAA and USAF, 

April 1997). This is because, based on the highest 

de minimis threshold level (100 tons per year), in 

order for an action’s net emissions to represent 10 

percent or more of a maintenance or nonattainment 

area’s total emissions of a particular pollutant, the 

area’s total emissions inventory for any pollutant 

must be less than 1,000 tons, which is unlikely. 

the latter, the Rule states in 93.152 

under Definitions: ‘‘The portion of 

emissions which are exempt or 

presumed to conform under Section 

93.153(c), (d), (e), or (f) are not included 

in the ‘‘total of direct and indirect 

emissions.’’ Likewise, as stated in the 

preamble (58 FR 63233): ‘‘The final rule 

requires the inclusion of the total direct 

and indirect emissions in the 

applicability and conformity 

determinations, except the portion of 

emissions which are exempt or 

presumed to conform* * *’’ 67 The 

FAA applies this definition to exclude 

emissions for single and multiple 

presumed to conform actions that are 

not connected to one another. FAA 

procedures for combined actions offer a 

reasonable approach by placing a more 

conservative limit on the permitted 

exclusion of presumed to conform 

emissions than 40 CFR 93.152. 

Documentation. Documentation 

requirements for combined actions are 

greater typically than for single actions. 

On some combined actions, the FAA 

requires that presumed to conform 

actions be analyzed and documented by 

means of an emissions inventory using 

the FAA EDMS model and related 

procedures.68 This standard modeling 

methodology is project-specific and 

more refined than the quantification of 

emissions in this Notice and therefore 

offers greater confirmation in some 

cases that the applicable emissions will 

not equal or exceed the de minimis 

thresholds. 

Specifically, standard modeling 

methodology must be used if the project 

includes: (1) One or more presumed to 

conform actions that are connected to 

non-presumed to conform actions which 

are being evaluated under the 

environmental review requirements of 

NEPA; or (2) two or more presumed to 

conform actions are involved which are 

not supported by additional 

quantification in the Notice (see below). 

In these cases, each presumed to 

conform action must be modeled and 

inventoried in the same manner and to 

the same extent as non-presumed to 

conform actions. Moreover, presumed to 

conform actions must be listed as a 

separate line item in the emissions 

inventory and clearly explained and 

presented in all related study 

documentation. 

Consistent with the goal of reducing 

the analysis burden for presumed to 

conform actions, the Notice may be used 

in some instances to document 

presumed to conform actions in lieu of 

the standard modeling methodology. 

Specifically, the Notice may be used if 

the project is a single action or if it is 

limited to multiple presumed to 

conform actions that are supported in 

the Notice by additional quantification. 

Presumed to conform actions or 

categories with additional quantification 

(e.g., data tables) are: Pavement 

markings; pavement monitoring 

systems; non-runway pavement work; 

lighting systems; terminal and 

concourse upgrades; new HVAC 

systems, upgrades, and expansions; 

airport signage; commercial vehicle 

staging areas; and low-emission 

technology and alternative fuel 

vehicles.69 Also, the Notice may be used 

if all but one of the project’s multiple 

presumed to conform actions are 

supported by additional quantification 

and the FAA excludes, as allowed, the 

emissions from the one presumed to 

conform action that is not supported by 

additional quantification. 

Regional Significance 

FAA employees must also reflect that 

they have considered potential regional 

significance, that is, whether the total 

direct and indirect emissions of the 

pollutants from each presumed to 

conform action represent 10 percent or 

more of a nonattainment or maintenance 

area’s total emissions of that pollutant 

under 40 CFR 93.153(i).70 If project 

emissions are regionally significant on 

this basis, the FAA would be required 

to prepare a conformity analysis and 

determination for a presumed to 

conform Federal action. 

As the FAA indicated in its Draft 

Notice, strong evidence indicates that 

presumed to conform actions are not 

likely to be regionally significant.71

However, the FAA has decided to defer 

action on this aspect of its Draft Notice 

based upon consultation with the EPA. 

Issued in Washington, DC on July 24, 2007. 

Charles R. Everett, Jr., 

Manager, Planning and Environmental 

Division, Office of the Associate 

Administrator for Airports. 

[FR Doc. 07–3695 Filed 7–25–07; 12:19 pm] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2007–28797] 

Agency Information Collection 

Activities: Notice of Request for 

Reinstatement of a Previously 

Approved Collection for Which 

Approval Has Expired 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: The FHWA has forwarded the 

information collection request described 

in this notice to the Office of 

Management and Budget (OMB) for 

approval of a reinstatement of a 

previously approved collection for 

which approval has expired. We 

published a Federal Register Notice 

with a 60-day public comment period 

on this information collection on May 

11, 2007. We are required to publish 

this notice in the Federal Register by 

the Paperwork Reduction Act of 1995. 

DATES: Please submit comments by 

August 29, 2007. 

ADDRESSES: You may send comments 

within 30 days to the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 725 

17th Street, NW., Washington, DC 

20503, Attention DOT Desk Officer. You 

are asked to comment on any aspect of 

this information collection, including: 

(1) Whether the proposed collection is 

necessary for the FHWA’s performance; 

(2) the accuracy of the estimated 

burden; (3) ways for the FHWA to 

enhance the quality, usefulness, and 

clarity of the collected information; and 

(4) ways that the burden could be 

minimized, including the use of 

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