Distribution: Electronically Initiated By: AEE-400

This Order serves as the Federal Aviation Administration’s (FAA) policy and procedures for 

compliance with the National Environmental Policy Act (NEPA) and implementing regulations 

issued by the Council on Environmental Quality (CEQ). The provisions of this Order and the 

CEQ Regulations apply to actions directly undertaken by the FAA and where the FAA has 

sufficient control and responsibility to condition a license or approval of a project undertaken by

a non-Federal entity. The requirements in this Order apply to, but are not limited to, the 

following actions: grants, loans, contracts, leases, construction and installation actions, 

procedural actions, research activities, rulemaking and regulatory actions, certifications, 

licensing, permits, plans submitted to the FAA by state and local agencies for approval, and 

legislation proposed by the FAA. The Order was last revised in 2006. 

This Order updates FAA Order 1050.1E to: 1) provide a clear, concise, and up-to-date 

discussion of the FAA’s requirements for implementing NEPA; and 2) clarify requirements in 

order to facilitate timely, effective, and efficient environmental reviews of FAA actions, 

including NextGen improvements.

Michael P. Huerta

Administrator

Effective Date:

XX/XX/13

SUBJ: Environmental Impacts: Policies and Procedures 

DRAFT ORDER

1050.1F
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TABLE OF CONTENTS

Page

Chapter 1: General .....................................................................................................1-1

1-1. Purpose of This Order....................................................................................................... 1-1

1-2. Audience........................................................................................................................... 1-1

1-3. Where to Find This Order................................................................................................. 1-1

1-4. How to Cite This Order .................................................................................................... 1-1

1-5. Cancellation...................................................................................................................... 1-1

1-6. Related Publications......................................................................................................... 1-1

1-7. The National Environmental Policy Act and the Council on Environmental Quality

Regulations ...................................................................................................................... 1-1

1-8. Federal Aviation Administration Policy........................................................................... 1-2

1-9. Applicability and Scope.................................................................................................... 1-3

1-10. Explanation of Policy Changes....................................................................................... 1-3

1-10.1. Appendix A.............................................................................................................. 1-3

1-10.2. Re-organization of Order ......................................................................................... 1-3

1-10.3. Federal Aviation Administration Policy .................................................................. 1-3

1-10.4. Roles of Lines of Business/Staff Offices................................................................. 1-4

1-10.5. Responsibilities........................................................................................................ 1-4

1-10.6. Clarification of Policy that Applies to Environmental Assessments....................... 1-4

1-10.7. Mitigation................................................................................................................. 1-4

1-10.8. Environmental Management System ....................................................................... 1-4

1-10.9. Actions Normally Requiring an Environmental Assessment................................... 1-4

1-10.10. Actions Normally Requiring an Environmental Impact Statement ....................... 1-4

1-10.11. Programmatic National Environmental Policy Act Documents and Tiering......... 1-4

1-10.12. Environmental Impact Categories.......................................................................... 1-5

1-10.13. Significance Determinations.................................................................................. 1-5

1-10.14. Extraordinary Circumstances................................................................................. 1-5

1-10.15. Categorical Exclusion Documentation................................................................... 1-5

1-10.16. Categorical Exclusion Public Notification............................................................. 1-5

1-10.17. Categorical Exclusions........................................................................................... 1-5

1-10.18. Environmental Assessment Format and Process ................................................... 1-6

1-10.19. Privacy.................................................................................................................... 1-6
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1-10.20. Termination of Environmental Impact Statement Preparation .............................. 1-6

1-10.21. Actions within the United States with Potential Transboundary Impacts.............. 1-6

1-10.22. Environmental Effects of Major Federal Aviation Administration Actions Abroad 

...................................................................................................1-6

1-10.23. Emergency Actions................................................................................................ 1-6

1-10.24. Adoption of Other Agencies’ National Environmental Policy Act Documents.... 1-6

1-10.25. Written Re-evaluations........................................................................................... 1-6

1-10.26. Review and Approval............................................................................................. 1-6

1-10.27. Authority to Change This Order ............................................................................ 1-7

1-10.28. Explanatory Guidance............................................................................................ 1-7

1-10.29. Definitions.............................................................................................................. 1-7

1-11. -1-50. Reserved.............................................................................................................. 1-7

Chapter 2: National Environmental Policy Act Planning and Integration .............2-1

2-1. Applicability of National Environmental Policy Act Procedures to Federal Aviation 

Administration Actions.................................................................................................... 2-1

2-1.1. Federal Aviation Administration Actions Subject to National Environmental Policy

Act Review................................................................................................................. 2-1

2-1.2. Federal Aviation Administration Actions Not Subject to National Environmental 

Policy Act Review ..................................................................................................... 2-1

2-2. Responsibilities................................................................................................................. 2-2

2-2.1. Responsibilities of the Federal Aviation Administration........................................... 2-2

2-2.2. Responsibilities of Applicants.................................................................................... 2-6

2-2.3. Responsibilities of Contractors.................................................................................. 2-6

2-3. Planning and Integration................................................................................................... 2-6

2-3.1. Early Planning............................................................................................................ 2-6

2-3.2. Initial Environmental Review .................................................................................... 2-7

2-3.3. Environmental Management System Approach......................................................... 2-8

2-3.4. Reducing Paperwork .................................................................................................. 2-9

2-3.5. Reducing Delay.......................................................................................................... 2-9

2-3.6. Mitigation................................................................................................................. 2-10

2-4. Coordination ................................................................................................................... 2-10
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2-4.1. Internal Federal Aviation Administration Coordination.......................................... 2-10

2-4.2. Lead and Cooperating Agencies .............................................................................. 2-10

2-4.3. Intergovernmental and Interagency Coordination ................................................... 2-11

2-4.4. Tribal Consultation................................................................................................... 2-11

2-5. Public Involvement......................................................................................................... 2-11

2-5.1. Timing and Extent of Public Involvement............................................................... 2-12

2-5.2. Federal Aviation Administration Requirements for Public Involvement ................ 2-12

2-5.3. Public Meetings, Workshops, and Hearings............................................................ 2-13

2-6. Plain Language ............................................................................................................... 2-13

2-7. Limitations on Actions Involving Real Property Prior to Completing National 

Environmental Policy Act Review................................................................................. 2-13

2-8. -2-50. Reserved.............................................................................................................. 2-14

Chapter 3: Levels of National Environmental Policy Act Review...........................3-1

3-1. Three Levels of National Environmental Policy Act Review.......................................... 3-1

3-1.1. Categorically Excluded Actions................................................................................. 3-1

3-1.2. Actions Normally Requiring an Environmental Assessment..................................... 3-1

3-1.3. Actions Normally Requiring an Environmental Impact Statement ........................... 3-3

3-2. Programmatic National Environmental Policy Act Documents and Tiering ................... 3-3

3-3. -3-50. Reserved................................................................................................................ 3-4

Chapter 4: Impact Categories, Significance, and Mitigation ..................................4-1

4-1. Environmental Impact Categories.................................................................................... 4-1

4-2. Consideration of Impacts.................................................................................................. 4-1

4-3. Significance and Significance Thresholds........................................................................ 4-2

4-3.1. General ....................................................................................................................... 4-2

4-3.2. Context and Intensity ................................................................................................. 4-2

4-3.3. Significance Thresholds............................................................................................. 4-3

4-4. Mitigation ....................................................................................................................... 4-11

4-5. -4-50. Reserved.............................................................................................................. 4-12

Chapter 5: Categorical Exclusions ...........................................................................5-1

5-1. General.............................................................................................................................. 5-1
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5-2. Extraordinary Circumstances ........................................................................................... 5-1

5-3. Categorical Exclusion Documentation ............................................................................. 5-3

5-4. Public Notification............................................................................................................ 5-4

5-5. Other Environmental Requirements................................................................................. 5-4

5-6. The Federal Aviation Administration’s Categorical Exclusions...................................... 5-4

5-6.1. Categorical Exclusions for Administrative/General Actions..................................... 5-5

5-6.2. Categorical Exclusions for Certification Actions ...................................................... 5-7

5-6.3. Categorical Exclusions for Equipment and Instrumentation ..................................... 5-7

5-6.4. Categorical Exclusions for Facility Siting, Construction, and Maintenance ............. 5-9

5-6.5. Categorical Exclusions for Procedural Actions ....................................................... 5-13

5-6.6. Categorical Exclusions for Regulatory Actions....................................................... 5-15

5-7. -5-50. Reserved.............................................................................................................. 5-16

Chapter 6: Environmental Assessments and Findings of No Significant Impact.6-1

6-1. General.............................................................................................................................. 6-1

6-2. Preparing Environmental Assessments. ........................................................................... 6-1

6-2.1. Environmental Assessment Format............................................................................ 6-1

6-2.2. Environmental Assessment Process........................................................................... 6-3

6-2.3. Mitigation Considerations for Environmental Assessments...................................... 6-5

6-3. Finding of No Significant Impact..................................................................................... 6-6

6-4. Decision Documents for Findings of No Significant Impact ........................................... 6-8

6-5. -6-50. Reserved................................................................................................................ 6-9

Chapter 7: Environmental Impact Statements and Records of Decision..............7-1

7-1. Preparation of Environmental Impact Statements............................................................ 7-1

7-1.1. Environmental Impact Statement Format .................................................................. 7-2

7-1.2. Environmental Impact Statement Process.................................................................. 7-6

7-1.3. Decision Not to Prepare an Environmental Impact Statement................................. 7-12

7-2. Record of Decision ......................................................................................................... 7-12

7-2.1. Record of Decision Process ..................................................................................... 7-12

7-2.2. Record of Decision Content..................................................................................... 7-12

7-2.3. Environmental Commitments.................................................................................. 7-13
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7-3. -7-50. Reserved.............................................................................................................. 7-13

Chapter 8: Federal Aviation Administration Actions Subject to Special 

Procedures............................................................................................................ 8-1

8-1. Rulemaking....................................................................................................................... 8-1

8-2. Legislative Proposals........................................................................................................ 8-1

8-3. Actions within the United States with Potential Transboundary Impacts........................ 8-1

8-4. Effects of Major Federal Aviation Administration Actions Abroad ................................ 8-1

8-5. Emergency Actions........................................................................................................... 8-4

8-6. Review of Other Agencies’ National Environmental Policy Act Documents.................. 8-4

8-7. Adoption of Other Agencies’ National Environmental Policy Act Documents............... 8-6

8-8. Council on Environmental Quality Referrals................................................................... 8-7

8-9. -8-50. Reserved................................................................................................................ 8-7

Chapter 9: Time Limits, Written Re-Evaluations, and Supplemental National 

Environmental Policy Act Documents......................................................................9-1

9-1. Time Limits ...................................................................................................................... 9-1

9-2. Written Re-Evaluations .................................................................................................... 9-1

9-3. Supplemental Environmental Assessments and Environmental Impact Statements........ 9-2

9-4. -9-50. Reserved................................................................................................................ 9-3

Chapter 10: Review and Approval of National Environmental Policy Act 

Documents................................................................................................................10-1

10-1. General.......................................................................................................................... 10-1

10-2. Review and Approval of Environmental Assessments, Findings of No Significant 

Impact, and Findings of No Significant Impact/Records of Decision........................... 10-1

10-3. Review and Approval of Draft Environmental Impact Statements.............................. 10-2

10-4. Review and Approval of Final Environmental Impact Statements.............................. 10-2

10-5. Review and Approval of Supplemental Environmental Impact Statements. ............... 10-3

10-6. Review and Approval of Records of Decision ............................................................. 10-3

10-7. -10-50. Reserved.......................................................................................................... 10-4

Chapter 11: Administrative Information.................................................................11-1

11-1. Distribution................................................................................................................... 11-1

11-2. Authority to Change This Order................................................................................... 11-1
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11-3. Process for Changing This Order ................................................................................. 11-1

11-4. Explanatory Guidance .................................................................................................. 11-1

11-5. Definitions.................................................................................................................... 11-2

11-6. -11-50. Reserved.......................................................................................................... 11-4

Appendix A. Acronym List ...................................................................................... A-1

Appendix B. Federal Aviation Administration Requirements for Assessing 

Impacts Related to Noise and Noise-Compatible Land Use and Section 4(f) of the 

Department of Transportation Act (49 U.S.C. § 303) .............................................. B-1

Appendix C. Web Addresses for Cited Publications............................................. C-1

Appendix D. Federal Aviation Administration Guidance on Third Party

Contracting for Environmental Impact Statement Preparation............................. D-1

Appendix E. National Environmental Policy Act Process Flowcharts...................E-1
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Chapter 1: General

1-1. Purpose of This Order. This Order provides the Federal Aviation Administration’s (FAA) 

policies and procedures to ensure agency compliance with the National Environmental Policy

Act (NEPA) (42 United States Code [U.S.C.] §§ 4321-4335), the requirements set forth in the 

Council on Environmental Quality (CEQ), Title 40, Code of Federal Regulations (CFR), parts 

1500-1508, Regulations for Implementing the Procedural Provisions of the National 

Environmental Policy Act (CEQ Regulations), and Department of Transportation (DOT) 

Order 5610.1C, Procedures for Considering Environmental Impacts. The CEQ Regulations 

establish procedures for complying with NEPA. In accordance with 40 CFR § 1507.3 of the 

CEQ Regulations, this Order contains the FAA’s implementing procedures, which supplement 

those regulations.

1-2. Audience. All FAA employees who approve, manage, or otherwise participate in actions 

requiring FAA compliance with NEPA, the CEQ Regulations, or DOT Order 5610.1C, and all 

FAA contractors and applicants involved in such actions.

1-3. Where to Find This Order. This Order can be found on the FAA’s website at:

https://employees.faa.gov/tools_resources/orders_notices/. This Order is available to the public 

at http://www.faa.gov/regulations_policies/orders_notices/ by clicking on the topic, 

“Environment.”

1-4. How to Cite This Order. This Order should be cited as FAA Order 1050.1F. The body of 

the Order is organized by paragraphs. If citing a particular paragraph, the format “FAA Order 

1050.1F, para. ___” should be used. For example, if referencing the definition for Noise 

Sensitive Area, the proper citation is “FAA Order 1050.1F, para. 11-5.b.(8).” 

1-5. Cancellation. FAA Order 1050.1E, Environmental Impacts: Policies and Procedures,

dated June 8, 2004 (as updated by Change 1, dated March 20, 2006), is cancelled. 

1-6. Related Publications. The latest addition of referenced publications should be used in 

conjunction with this order. The FAA Order 1050.1F Desk Reference (1050.1F Desk Reference) 

provides details on current guidance and updated technical information. This includes 

information about permits, certificates, and other forms of review and approval; up-to-date 

details on technical information such as FAA-approved tools for analyzing noise and air 

emissions; overviews of special purpose laws and requirements; and specific responsibilities and 

guidance for gathering data, assessing impacts, consulting other agencies, and involving the 

public. The 1050.1F Desk Reference can be found on the FAA’s website at: 

http://www.faa.gov/regulations_policies/orders_notices/ by clicking on the topic, 

“Environment.” 

1-7. The National Environmental Policy Act and the Council on Environmental Quality

Regulations. NEPA and the CEQ Regulations establish a broad national policy to protect and 

enhance the quality of the human environment, and require Federal agencies to develop 

programs and measures to meet national environmental goals. Section 102(2) of NEPA provides 

specific direction to Federal agencies, sometimes called “action-forcing” provisions (see 40 CFR 

§§ 1500.1(a), 1500.3, and 1507, CEQ Regulations) on how to implement the goals of NEPA. 

The major provisions include the requirement to use a systematic, interdisciplinary approach and 

develop implementing methods and procedures. Section 102(2)(C) requires detailed analysis in 

the form of Environmental Impact Statements (EISs) for proposed major Federal actions 
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significantly affecting the quality of the human environment. The CEQ Regulations additionally

provide for Environmental Assessments (EAs) to assist agencies in determining whether 

potential environmental impacts are significant and Categorical Exclusions (CATEXs) where 

there is typically no potential for significant impacts except in extraordinary circumstances. In 

addition to NEPA and the CEQ Regulations, there are other laws, regulations, and Executive 

Orders addressing aspects of the environment and requiring compliance by Federal agencies. 

The CEQ Regulations direct Federal agencies to integrate such requirements with the NEPA 

process to the fullest extent possible. 

This Order implements the mandate of NEPA, as defined and discussed in the CEQ Regulations, 

within the programs of the FAA. The Order is not a substitute for the CEQ Regulations; rather, 

it supplements the CEQ Regulations for FAA programs. All FAA Lines of Business and Staff 

Offices (LOB/SOs) must comply with the CEQ Regulations as further implemented and 

supplemented by this Order. 

1-8. Federal Aviation Administration Policy. The FAA’s primary mission is to provide the 

safest, most efficient aerospace system in the world. NEPA compliance and other environmental 

responsibilities are integral components of that mission. The FAA is responsible for complying 

with the procedures and policies of NEPA and other environmental laws, regulations, and orders 

applicable to FAA actions. The FAA decision-making process must consider and disclose the 

potential effects of a proposed action and its alternatives on the quality of the human 

environment. In accordance with 40 CFR § 1500.2, CEQ Regulations, to the fullest extent 

possible, the FAA should use all practicable means, consistent with the requirements of NEPA 

and other essential considerations of national policy, to restore and enhance the quality of the 

human environment and avoid or minimize adverse effects of actions on the quality of the human 

environment. The FAA must integrate NEPA and other environmental reviews and 

consultations into agency planning processes as early as possible. Funding requirements must be 

justified and requested in accordance with existing budgetary and fiscal policies. Each FAA 

LOB/SO is responsible for seeking sufficient funds through the budget process to implement the 

provisions of this Order.

The Next Generation Air Transportation System (NextGen) involves operational and 

infrastructure improvements that require the FAA’s environmental review in accordance with 

NEPA. The FAA’s goal is to ensure timely, effective, and efficient environmental reviews of 

proposed NextGen improvements, consistent with Executive Order 13604, Improving 

Performance of Federal Permitting and Review of Infrastructure Projects, 77 Federal Register

18887 (March 28, 2012). FAA is using an environmental management system (EMS) approach

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. 

It is FAA policy to ensure the integrity of environmental reviews while emphasizing and 

implementing instructions in 40 CFR §§ 1500.4 and 1500.5 of the CEQ Regulations to reduce 

excessive paperwork and reduce environmental process delays. The FAA implements an 

expedited and coordinated environmental review process for airport capacity projects at 

congested airports, aviation safety projects, and aviation security projects in accordance with 

Title III of Vision 100-Century of Aviation Reauthorization Act, also cited as the Aviation 

Streamlining Approval Process Act of 2003, 49 U.S.C. §§ 47171-47175. The FAA has also 

established expedited environmental review procedures and processes for area navigation 
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(RNAV) and required navigation performance (RNP) that offer efficiency improvements. In

addition, Section 213 of the FAA Modernization and Reform Act of 2012, Public Law 112-95,

established two legislative CATEXs that are included in this Order.

For projects subject to expedited environmental review, the FAA must comply with this Order, 

maintain the integrity of the environmental process, and respect the environmental 

responsibilities of other agencies. Expedited environmental reviews will be used to give review 

priority to certain projects, manage timelines during the review process, improve and expedite 

interagency coordination, reduce undue delays, and emphasize accountability. Certain airport 

capacity projects, aviation safety projects, and aviation security projects may be subject to 

special designation and treatment in accordance with provisions of the Aviation Streamlining 

Approval Process Act. Airport infrastructure projects may also be selected for review under 

Executive Order 13274, Environmental Stewardship and Transportation Infrastructure Project 

Reviews, 67 Federal Register 59449 (September 23, 2002). In addition, Executive Order 13604, 

Improving Performance of Federal Permitting and Review of Infrastructure Projects, 77 Federal 

Register 18887 (March 28, 2012) calls for the execution of Federal permitting and review 

processes, including environmental review processes, with maximum efficiency and 

effectiveness. It is the responsibility of the FAA office that has the primary responsibility for a 

proposed action and that is leading the environmental review to ensure that applicable special 

review provisions are applied effectively. 

1-9. Applicability and Scope. The provisions of this Order and the CEQ Regulations apply to 

actions directly undertaken by the FAA and to actions where the FAA has sufficient control and 

responsibility to condition a license, approval, or other action necessary for a proposed action

undertaken by a non-Federal entity. The requirements in this Order apply, but are not limited, to 

the following actions: grants, loans, contracts, leases, construction and installation actions, 

procedural actions, research activities, rulemaking and regulatory actions, certifications, 

licensing, permits, plans submitted to the FAA by state or local agencies for approval, and 

legislation proposed by the FAA. Exceptions to these requirements are listed in Paragraph 2-1.2. 

The procedures in this Order apply to the fullest extent practicable to ongoing activities and 

environmental documents begun before the effective date, except that this Order does not apply 

to decisions made and final environmental documents issued prior to the effective date of this 

Order. 

1-10. Explanation of Policy Changes. This paragraph briefly highlights significant changes 

from FAA Order 1050.1E. 

1-10.1. Appendix A. 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.

1-10.2. Re-organization of Order. Restructures the Order to make environmental 

compliance more efficient and effective, and to focus the discussion, reduce redundancies, 

and provide FAA NEPA practitioners with a more user-friendly and clear document. Revises 

the numbering and structure to more closely follow FAA Order 1320.1, FAA Directives 

Management. Includes systematic editorial changes to ensure consistency with the FAA’s 

plain language guidelines as established in FAA Order 1000.36, FAA Writing Standards.

1-10.3. Federal Aviation Administration Policy. Expands and updates the FAA’s policy

statement to include the FAA’s goal of ensuring timely, effective, and efficient 
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environmental reviews of proposed 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 EMS approach 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.

1-10.4. Roles of Lines of Business/Staff Offices. Updates the titles and roles of FAA 

LOB/SOs to reflect changes to the FAA’s organizational structure and initiatives since 

publication of FAA Order 1050.1E (see Paragraph 2-2.1.b). 

1-10.5. Responsibilities. Clarifies 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). 

1-10.6. Clarification of Policy that Applies to Environmental Assessments. Explains in 

more detail than FAA Order 1050.1E paragraphs 405 d, e, and f the differences between EAs 

and EISs and the requirement to consider connected actions in EAs.

1-10.7. Mitigation. Reorganizes and clarifies provisions relating to mitigation (see 

Paragraphs 2-3.6, 4-4, 6-2.3, and 7-1.1.h). Updates the FAA’s policy regarding mitigation to 

be consistent with CEQ’s Guidance on Appropriate use of Mitigation and Monitoring and 

Clarifying the Appropriate use of Mitigated Findings of No Significant Impact, 76 Federal 

Register 3843 (January 21, 2011). Clarifies which projects warrant environmental 

monitoring and the type and extent of monitoring.

1-10.8. Environmental Management System. Adds a discussion of EMS to highlight the 

importance of EMS and its application to all FAA programs, including NextGen (see 

Paragraph 2-3.3).

1-10.9. Actions Normally Requiring an Environmental Assessment. Adds new and 

revises existing actions normally requiring an EA to more clearly and accurately describe 

those FAA actions which normally require preparation of an EA. The new actions normally

requiring an EA (see Paragraphs 3-1.2.b(14) and (17)) are:

(14) Establishment or modification of an Instrument Flight Rules Military Training 

Route (IR MTRs). 

(17) Formal and informal runway use programs that may significantly increase noise 

over noise-sensitive areas. 

Actions normally requiring an EA that were substantively amended are included in 

Paragraphs 3-1.2.b(2), (10)-(13), and (15)-(16). 

1-10.10. Actions Normally Requiring an Environmental Impact Statement. Modifies 

and re-organizes the text in Paragraph 501 of FAA Order 1050.1E and adds specific 

examples of actions normally requiring an EIS (see Paragraphs 3-1.3.b). 

1-10.11. Programmatic National Environmental Policy Act Documents and Tiering. 

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).
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1-10.12. Environmental Impact Categories. Adds a new Paragraph 4-1 to discuss the 

FAA’s Environmental Impact Categories, previously discussed in Appendix A of FAA Order 

1050.1E and now found in the accompanying 1050.1F Desk Reference. Adds Climate to the 

list of impact categories that must be considered in FAA NEPA documents, consistent with 

CEQ’s 2010 Draft Guidance, Consideration of the Effects of Climate Change and 

Greenhouse Gas Emissions, 75 Federal Register 8046 (February 23, 2010). Combines Noise 

and Noise-Compatible Land Use as it relates to noise compatibility into a single impact 

category and creates a separate category for non-noise land use issues. Renames Water 

Quality as Water Resources, which includes Wetlands, Floodplains, Surface Waters, 

Groundwater, and Wild and Scenic Rivers under the new category. Removes construction 

impacts and secondary impacts as separate impact categories; instead, they are to be analyzed 

within each applicable environmental impact category.

1-10.13. Significance Determinations. Provides an exhibit in Paragraph 4-3.3 that 

summarizes the FAA’s Significance Thresholds 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 impacts. Adds 

“Contaminate a public drinking water supply such that public health may be adversely 

affected” as a threshold under Surface Waters, and “Contaminate an aquifer used for public 

water supply such that public health may be adversely affected” as a new threshold under 

Groundwater (see Exhibit 4-1, Significance Determination for FAA Actions). 

1-10.14. Extraordinary Circumstances. Adds national marine sanctuaries and wilderness 

areas to the list of resources that must be considered in evaluating actions for extraordinary

circumstances that would preclude the use of a CATEX for a proposed action. Makes other 

text revisions, including modifying: (1) the description of wild and scenic rivers to be 

consistent with CEQ’s August 10, 1980, memorandum, Interagency Consultation to Avoid or 

Mitigate Adverse Effects on Rivers in the Nationwide Inventory; and (2) the description of 

actions 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.

1-10.15. Categorical Exclusion Documentation. Updates the FAA’s policy regarding 

CATEX documentation to be consistent with CEQ’s Guidance on Establishing, Applying, 

and Revising Categorical Exclusions under the National Environmental Policy Act , 75 

Federal Register 75628 (December 6, 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. Adds discussion of decision 

documents in connection with CATEXs (known as CATEX/Records of Decision [RODs]), 

which are not commonly used but may be advisable in unique circumstances. 

1-10.16. Categorical Exclusion Public Notification. Adds discussion of public notification 

of CATEX use, consistent with CEQ’s Guidance on Establishing, Applying, and Revising 

Categorical Exclusions under the National Environmental Policy Act, 75 Federal Register

75628 (December 6, 2010) (see Paragraph 5-4).

1-10.17. Categorical Exclusions. Adds new CATEXs and revises existing CATEXs to 

accommodate actions that do not significantly affect the environment. The new CATEXs are 

in Paragraphs 5-6.3i, 5-6.4bb, 5-6.4cc, 5-6.4dd, 5-6.4ee, 5-6.4ff, and 5-6.5f. In addition, two 
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1-6

legislative CATEXs, consistent with section 213(c) of the FAA Modernization and Reform 

Act of 2012, are added (see Paragraphs 5-6.5q and 5-6.5r). CATEXs that are substantively

amended are in Paragraphs 5-6.4e (formerly 310e), 5-6.4i (formerly 310i), 5-6.4u (formerly 

310u), and 5-6.5l (formerly 311l).

1-10.18. Environmental Assessment Format and Process. Revises the discussion of EA 

format and process to make the process more efficient and effective, explain each element,

and clarify that an EA does not have to be as detailed as an EIS (see Paragraph 6-2). Adds 

cross-references to the EIS section, and makes additional minor revisions. 

1-10.19. Privacy. Requires 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)). 

1-10.20. Termination of Environmental Impact Statement Preparation. 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 must take when this situation occurs 

(see Paragraph 7-1.3). 

1-10.21. Actions within the United States with Potential Transboundary Impacts. Adds 

discussion of FAA policy with respect to consideration of transboundary impacts resulting 

from FAA actions (see Paragraph 8-3).

1-10.22. Environmental Effects of Major Federal Aviation Administration Actions 

Abroad. Updates the discussion of international actions to include how to coordinate 

communication with foreign governments within the FAA, to clarify the correct practice and 

for consistency with DOT Order 5610.1C (see Paragraph 8-4). 

1-10.23. Emergency Actions. Clarifies an alternative process to consider environmental 

impacts before taking emergency actions necessary to protect the lives and safety of the 

public. These alternative arrangements are limited to actions necessary to control the 

immediate impacts of an emergency. Adds text to provide for emergency procedures when a 

CATEX or EA would be the appropriate level of NEPA review (see Paragraph 8-5). FAA 

Order 1050.1E only addressed emergency procedures for EISs.

1-10.24. Adoption of Other Agencies’ National Environmental Policy Act Documents. 

Clarifies and expands on requirements relating to FAA adoption of other agencies’ NEPA 

documents (see Paragraph 8-7). Adds requirements for legal sufficiency review of adopted 

documents to clarify 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). 

1-10.25. Written Re-evaluations. Clarifies that there is no specified format for written reevaluations. Adds a statement to explain that written re-evaluations may be prepared even 

when they are not required. Adds discussion of decision documents in connection with 

written re-evaluations (i.e., a “WR/ROD”) (see Paragraph 9-2). 

1-10.26. Review and Approval. Consolidates and clarifies provisions relating to review, 

approval, and signature authority for FAA NEPA documents (see Chapter 10). 
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1-7

1-10.27. Authority to Change This Order. Revises text in Paragraph 11-2 to clarify the 

authority of various parties and to be consistent with other FAA Orders.

1-10.28. Explanatory Guidance. Clarifies provisions relating to explanatory guidance (see 

Paragraph 11-4).

1-10.29. Definitions. Adds definitions of “NEPA lead” and “special purpose laws and 

requirements.” Deletes definition of “Environmental Due Diligence Audit” because this term 

is no longer used in FAA Order 1050.1F. Revises the definitions of “environmental studies,” 

“approving official,” and “decisionmaker” to reflect current practice. Changes “launch 

facility” to “commercial space launch site” to be consistent with 14 CFR part 420. Revises 

the definition of “noise sensitive area” 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 this Order (see Paragraph 11-5.b).

1-11. -1-50. Reserved.
07/25/13 Draft Order 1050.1F

2-1

Chapter 2: National Environmental Policy Act Planning and Integration

2-1. Applicability of National Environmental Policy Act Procedures to Federal Aviation 

Administration Actions.

2-1.1. Federal Aviation Administration Actions Subject to National Environmental 

Policy Act Review. Proposed actions and decisions by FAA officials are subject to NEPA 

review, except as provided in Paragraph 2-1.2 below. Specific FAA actions subject to NEPA 

review include, but are not limited to, grants, loans, contracts, leases, construction and 

installation actions, procedural actions, research activities, rulemaking and regulatory

actions, certifications, licensing, permits, plans submitted to the FAA that require the FAA’s 

approval, and legislation proposed by the FAA. Although emergency actions are subject to 

NEPA review, special procedures may apply (see Paragraph 8-5). The FAA will not approve 

a proposed action until any required NEPA review has been completed. 

2-1.2. Federal Aviation Administration Actions Not Subject to National Environmental 

Policy Act Review. 

a. General. Actions are not subject to NEPA review if there is Federal law applicable to 

the FAA's operations that expressly prohibits or makes compliance with NEPA 

impossible (e.g., congressionally-mandated actions), or they are otherwise excepted by

CEQ Regulations.

b. Advisory Actions. Some Federal actions are of an advisory nature. Actions of this 

type are not considered major Federal actions under NEPA, and NEPA review is 

therefore not required. If it is known or anticipated that some subsequent Federal action 

would be subject to NEPA, the FAA must so indicate in the advisory action. Examples 

of advisory actions include: 

(1) Determinations under 14 CFR part 77, Safe, Efficient Use, and Preservation of 

the Navigable Airspace;

(2) Determinations under 14 CFR part 157, Notice of Construction, Alteration, 

Activation, and Deactivation of Airports, which applies to airports, helipads, and 

heliports; and

(3) Designation of alert areas and warning areas under FAA Order 7400.2, 

Procedures for Handling Airspace Matters.

c. Judicial or Administrative Civil Enforcement Actions. These actions do not require 

NEPA analysis (i.e., 14 CFR part 13, Investigative and Enforcement Procedures, and 

other administrative actions pursuant to the following: 14 CFR part 14, Rules 

Implementing the Equal Access to Justice Act of 1980; 14 CFR part 15, Administrative 

Claims Under Federal Tort Claims Act; 14 CFR part 16, Rules of Practice for FederallyAssisted Airport Enforcement Proceedings; and 14 CFR part 17, Procedures for Protests 

and Contracts Disputes).

d. Administrative Actions. NEPA review is not required for the promulgation of this 

Order or similar orders issued by the FAA Administrator or organizational elements as 

authorized by the FAA Administrator that provide supplemental instructions for agency

compliance with NEPA procedures. NEPA review is also not required for administrative 

actions associated with a NEPA review (e.g., contractor selection).
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2-2

2-2. Responsibilities. 

2-2.1. Responsibilities of the Federal Aviation Administration. 

a. General FAA Responsibilities:

(1) Assuring compliance with NEPA, the CEQ Regulations, this Order, and other 

environmental requirements; 

(2) Requesting appropriate environmental information and documents (including

EAs, where appropriate) from applicants and providing guidance to applicants on 

providing such information;

(3) Independently and objectively evaluating applicant-submitted information and 

EAs and taking responsibility for content and adequacy of any such information or 

documents used by the FAA for compliance with NEPA or other environmental 

requirements;

(4) Selecting contractors to prepare environmental documents, guiding their work, 

and taking responsibility for contractor-prepared documents used by the FAA for 

compliance with NEPA or other environmental requirements; and

(5) Making CATEX determinations, approving EAs and EISs, and issuing FONSIs 

and RODs.

b. Roles of LOB/SOs. The Chief Operating Officer and Assistant or Associate 

Administrators within the various FAA organizations must ensure their respective 

offices, regions, service areas, and centers comply with this Order. Responsibilities may

be delegated in accordance with appropriate FAA orders, such as FAA Order 1100.154, 

Delegations of Authority. 

(1) The FAA Administrator is responsible for managing the FAA with the assistance 

of the Deputy Administrator. Ultimately, the FAA Administrator is responsible for 

all NEPA compliance within the FAA. 

(2) Each FAA Associate and Assistant Administrator, the Chief Counsel, and the 

Chief Operating Officer report to the FAA Administrator and have specific 

responsibilities for complying with the NEPA process within their LOB/SO. These 

responsibilities are outlined below.

(a) The Assistant Administrator for Civil Rights (ACR) is responsible for 

determining whether projects receiving Federal financial assistance from the FAA 

comply with the appropriate civil rights laws, regulations, and Executive Orders, 

including those requirements under Executive Order 12898, Federal Actions to 

Address Environmental Justice in Minority Populations and Low-Income 

Populations, 59 Federal Register 7629 (February 16, 1994); the accompanying

Presidential Memorandum, Environmental Justice for Minority Populations

(February 11, 1994) (available at 

http://www.epa.gov/environmentaljustice/resources/policy/index.html)

concerning environmental justice; the Memorandum of Understanding on 

Environmental Justice and Executive Order 12898 (August 4, 2011), the revised 

Department of Transportation Environmental Justice Strategy, 77 Federal 

Register 18879 (March 28, 2012), and DOT Order 5610.2(a), 77 Federal Register
07/25/13 Draft Order 1050.1F

2-3

27534 (May 10, 2012), on environmental justice in the context of Title VI of the 

Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000d-2000d-7.

(b) The Assistant Administrator for Finance and Management (AFN) is 

responsible for assuring that adequate funding is requested for NEPA activities in 

the budget out-years. The Office of Budget (ABU) also uses this Order as the 

basis for supporting the annual call for estimates related to additional costs 

required for environmental activities. 

(c) The Office of the Chief Counsel (AGC) is responsible for providing legal 

advice on NEPA compliance and legal requirements. AGC reviews actions that 

involve determinations under Section 4(f), 49 U.S.C. § 303; counsels and assists 

headquarters staff and regional offices in accomplishing FAA environmental 

review; and advises on the legal sufficiency of environmental documents. 

Regional Counsel and Counsel supporting the Mike Monroney Aeronautical 

Center and William J. Hughes Technical Center (collectively referred to as 

“Center”) are responsible for providing legal counsel, assistance, and review in 

the conduct of regional actions and environmental activities and in advising on the 

legal sufficiency of regional and Center environmental documents.

(d) The Assistant Administrator for Human Resource Management (AHR) is 

responsible for incorporating training requirements in the individual development 

plans for appropriate personnel. Within AHR, the Office of Corporate Learning 

and Development (AHT) ensures that FAA training is updated to include 

instruction on NEPA for appropriate personnel, in cooperation with the Center for 

Management and Executive Leadership (CMEL), the FAA Academy at the Mike 

Monroney Aeronautical Center, the Office of Environment and Energy (AEE), 

AGC, and training staff within the LOB/SOs.

(e) The Assistant Administrator for NextGen (ANG) provides leadership in 

planning and developing the Next Generation Air Transportation System 

(NextGen) and coordinates NextGen initiatives, programs, and policy

development across the various FAA LOB/SOs. 

(f) The Assistant Administrator for Policy, International Affairs, and 

Environment (APL) is responsible for providing policy guidance to the agency on 

implementing a wide range of environmental laws and regulations. Within APL, 

AEE provides policy oversight on FAA environmental actions; issues regulations 

for aircraft noise and emissions under 14 CFR parts 34 and 36; provides 

assistance in developing guidelines and procedures for FAA program areas; 

serves as the designated FAA NEPA liaison in accordance with 40 CFR § 1507.2, 

CEQ Regulations, “to be responsible for overall review of agency NEPA 

compliance” and Federal Preservation Officer in accordance with section 110 of 

the National Historic Preservation Act, 16 U.S.C. § 470h-2(a); interprets policies 

established in this Order; provides assistance with computerized environmental 

tools, such as the Aviation Environmental Design Tool (AEDT) for aircraft noise 

and air quality; and provides advice to and supplements NEPA training programs 

in cooperation with AHT and other applicable organizational elements.
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2-4

(g) The Office of Communications (AOC) is responsible for considering the 

environmental impacts of all actions arising out of AOC initiatives that require 

compliance with NEPA and other Federal environmental laws, regulations, and 

orders. AOC initiatives include development, executive direction, and overall 

management of the Agency's national external and internal communications 

programs, and the management of the corporate web and brand identity programs.

(h) The Associate Administrator for Airports (ARP) is responsible for considering 

the environmental impacts of proposed FAA approvals of FAA-funded airport 

actions, Airport Layout Plan (ALP) approvals (even if the proposal does not 

require FAA funding), and assuring compliance with NEPA requirements and 

other Federal environmental laws, regulations, and orders. Airports personnel 

must comply with the NEPA requirements in this Order, supplemented by the 

current version of FAA Order 5050.4, National Environmental Policy Act (NEPA) 

Implementing Instructions for Airport Projects. ARP’s Office of Airport 

Planning and Programming, APP-400, provides guidance to Regional and District 

Airports personnel, airport sponsors, and environmental consultants concerning 

Federal, Departmental, and agency environmental policy regarding airport 

development actions.

(i) The Assistant Administrator for Security and Hazardous Materials (ASH) is 

responsible for considering the environmental impacts for all actions arising out 

of ASH initiatives that require compliance with NEPA and Federal environmental 

laws, regulations, and orders. ASH initiatives involve ensuring and promoting 

aviation safety in support of national security and the national aerospace system.

(j) The Associate Administrator for Commercial Space Transportation (AST) is 

responsible for considering the environmental impacts for all actions arising out 

of AST initiatives that require compliance with NEPA and other Federal

environmental laws, regulations, and orders. Such initiatives include issuing 

licenses for the operation of commercial launch sites and licenses and 

experimental permits for the launch and reentry of commercial space launch 

vehicles. 

(k) The Chief Operating Officer for Air Traffic Organization (ATO) is 

responsible for evaluating the environmental impacts for all actions arising out of 

ATO responsibilities that require compliance with NEPA and all other relevant 

Federal environmental laws, regulations, and orders, including changes in 

airspace and air traffic control procedures and FAA-funded construction and 

operation of National Airspace System (NAS) facilities. 

(l) The Associate Administrator for Aviation Safety (AVS) is responsible for 

considering the environmental impacts of all actions arising out of AVS initiatives 

that require compliance with NEPA and other Federal environmental laws, 

regulations, and orders. AVS initiatives include the certification, production 

approval, and continued airworthiness of aircraft; and certification of pilots, 

mechanics, and others in safety-related positions. 

c. Actions Undertaken by the FAA. The FAA may prepare environmental 

documentation in-house (i.e., using agency personnel and resources) or use a contractor 
07/25/13 Draft Order 1050.1F

2-5

in accordance with Paragraph 2-2.1.e below. For projects directly undertaken by the 

FAA and requiring an EA or EIS, the EA or EIS must be prepared at the feasibility

analysis (go/no-go) stage and may be supplemented at a later stage. 

d. Actions Undertaken by an Applicant. When an applicant requests FAA approval for 

an action, the FAA may request that the applicant submit information and analysis to 

support the required NEPA review. The FAA must independently evaluate any

information or analysis submitted by an applicant before using it to support a NEPA 

review. The FAA may also request that an applicant prepare an EA. If an EA is prepared 

by an applicant, the FAA must ensure that the applicant complies with all requirements 

set forth in Paragraph 2-2.2, Responsibilities of Applicants. The FAA must advise and 

assist the applicant during preparation of the EA, and must independently evaluate and 

take responsibility for the EA to ensure that: (1) the applicant’s potential conflict of 

interest does not impair the objectivity of the document; and (2) the EA meets the 

requirements of this Order.

The FAA may ask the applicant to correct any deficiencies in information, analysis, or an 

EA submitted by the applicant if the FAA is not satisfied with the original submittal or 

subsequent revisions. In such cases, the responsible FAA official will defer completion 

of the environmental review pending satisfactory correction of all identified deficiencies. 

Based on final review of an applicant submitted EA, the FAA determines whether to 

issue a FONSI or prepare an EIS.

e. Use of Contractors. 

(1) General. When contractors assist the FAA in preparing EAs or EISs, or when 

contractors directly assist applicants in preparing EAs, the FAA must ensure that the 

contractor complies with the provisions of this Order. When an EIS is required, the 

FAA must select the contractor that will assist the FAA in preparing the EIS (see 40 

CFR § 1506.5(c), CEQ Regulations). If “third-party contracting” is used to prepare 

an EIS, the FAA must select and supervise the contractor (see Paragraph 2-2.3). 

Third-party contracting refers to the preparation of an EIS by a contractor selected by 

the FAA and under contract to, and paid for by, an applicant (see Appendix D). 

(2) Conflict of Interest. In some circumstances, the FAA may choose to contract 

consulting services to prepare environmental documents for its direct Federal actions. 

Under FAA Acquisition Management System policy, procurements may not be 

awarded to contractors who have unacceptable actual or potential organizational 

conflicts of interest. Organizational conflicts of interest result when, because of 

activities or relationships with other persons, a person is unable or potentially unable

to render impartial assistance to the agency, or the person’s objectivity in performing 

the contract work is or might be impaired, or the person has an unfair competitive 

advantage (the term “person” includes any legal entity including a partnership, 

corporation, limited liability company, or association). For example, a contractor 

selected to prepare an EA or EIS would have a potential conflict of interest if also 

selected to conduct final design work when the final design work is part of the 

construction contract. "Final design work" means a bid-ready, site-specific design 

package containing drawings, design data handbook, and construction cost estimate. 

The FAA may select a contractor to prepare an EA or EIS and preliminary design 
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2-6

work provided the design work is conceptual in nature. "Preliminary design work" 

means design to local criteria based on a national facility design. When an actual or 

potential conflict of interest is identified by either the contractor or the agency

official, the agency official must consult with AGC or Regional Counsel to determine 

whether there is a conflict and, if so, whether the conflict can be avoided, mitigated, 

or waived at the FAA’s discretion. Such determinations are made on a case-by-case 

basis (see the FAA’s Procurement Toolbox Guidance, Section T3.1.7 Organizational 

Conflict of Interest, dated April 4, 2006).

(3) EIS Disclosure Statement. Before starting EIS preparation, the FAA must obtain 

a “disclosure statement” from the NEPA contractor and subcontractors verifying that 

they have no financial interest in the outcome of the action (see 40 CFR § 1506.5(c), 

CEQ Regulations). 

2-2.2. Responsibilities of Applicants. When an applicant seeks FAA approval for an action 

that does not require an EIS, the FAA may request that the applicant provide the required 

environmental analysis to the FAA or hire a contractor to provide the analysis. Applicants 

and contractors may provide data and analysis to assist the FAA in determining whether a 

CATEX applies (including whether an extraordinary circumstance exists); however, 

applicants and contractors may not determine the applicability of CATEXs or sign CATEX 

documentation. Applicants may prepare EAs, but may not prepare EISs. However, 

applicants may fund preparation of EISs through third-party contracting. In such cases, the 

FAA must select the contractor and supervise the contractor’s duties and responsibilities. For 

applications to the FAA requiring an EA or EIS, preparation of the EA or EIS must begin 

immediately after the FAA receives the application or proposal. If required by the 

responsible FAA official, applicants must provide sufficient environmental information or 

analysis to ensure the environmental analysis meets the requirements of this Order. In a 

third-party contracting situation, the role of the applicant is limited to providing planning 

information, environmental studies (including studies to obtain incomplete information that 

the FAA finds to be required under the standards of 40 CFR § 1502.22, CEQ Regulations), 

other FAA-requested information, and financing for the EIS consultant’s costs. 

2-2.3. Responsibilities of Contractors. Contracted consulting services may be used to 

prepare environmental documents, technical reports, and other information. Contractors may

also prepare background or supplemental material or otherwise assist in preparing draft or 

final environmental documents for the FAA. When a contractor assists the FAA in preparing 

an EA or EIS, the contractor must ensure that the EA or EIS meets the requirements of the 

CEQ Regulations, this Order, other FAA requirements applicable to contractors, and all other 

appropriate Federal, state, tribal, and local laws. The contractor must also execute a 

disclosure statement specifying that it has no financial or other interest in the outcome of the 

action (see 40 CFR § 1506.5(c), CEQ Regulations). The disclosure statement must be 

prepared by the FAA or, where appropriate, a cooperating agency (e.g., where the contractor 

prepares a portion of an EIS for a cooperating agency under 40 CFR § 1501.6(b), CEQ 

Regulations). 

2-3. Planning and Integration.

2-3.1. Early Planning. Environmental issues should be identified and considered early in a 

proposed action’s planning process to ensure efficient, timely, and effective environmental 
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2-7

review. Initiating the appropriate level of environmental review at the earliest possible time 

facilitates the NEPA process. Preparation for any applicable permit application and other 

review process requirements should be part of the planning process to ensure that necessary

information is collected and provided to the permitting or reviewing agencies in a timely

manner. The FAA or applicant, as applicable, should prepare a list noting all obvious 

environmental resources the proposed action and the alternatives would affect, including 

specially protected resources. These tasks should be completed at the earliest possible time 

during project planning to ensure full consideration of all environmental resources and 

facilitate the FAA’s NEPA process. Sufficient planning and project justification should be 

available to support the environmental review. 

If the FAA is considering a request from an applicant, and the FAA is aware that the applicant 

is about to take an action within the agency’s jurisdiction that would have an adverse 

environmental impact or limit the choice of reasonable alternatives, the responsible FAA 

official will promptly notify the applicant that the FAA will take appropriate action to ensure 

that the objectives and procedures of NEPA are achieved (see number 11 in CEQ’s Forty 

Most Asked Questions Concerning CEQ’s National Environmental Policy Act Regulations, 46 

Federal Register 18026 (March 23, 1981)). However, this does not preclude development by 

applicants of plans or designs or performance of other work necessary to support an 

application for Federal, state, or local permits or assistance. 

2-3.2. Initial Environmental Review. 

a. The responsible FAA official should initially review whether the proposed action: 

(1) Is within the scope of a CATEX;

(2) Has been addressed in an existing NEPA document, such as a broad system, 

program, or regional assessment (see Paragraph 3-2) or a NEPA document prepared 

by another Federal agency (see Paragraph 8-7);

(3) Could significantly affect the quality of the human environment with respect to 

noise; land; air; water; wildlife; energy supply and natural resources; or cultural, 

historic, or archeological resources; 

(4) Would be located in wetlands; floodplains; coastal zones; prime or important 

farmlands; habitat of Federally-listed endangered, threatened, or other protected 

species; wild and scenic river areas; areas protected under Section 4(f), 49 U.S.C. § 

3031, or Section 6(f) of the Land and Water Conservation Fund Act (16 U.S.C. §§ 

460l-8(f)(3)); or in or adjacent to minority or low income populations (Executive 

Order 12898 and DOT Order 5610.2(a)); or

(5) Would be highly controversial on environmental grounds (see Paragraph 5-

2.b.(10)).

 

1

49 U.S.C. § 303 was originally enacted as Section 4(f) of the Department of Transportation Act of 1966 and is still 

commonly referred to as "Section 4(f)". 
07/25/13 Draft Order 1050.1F

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b. To determine the scope of an EA or EIS, the responsible FAA official must consider:

(1) Connected actions. Connected actions are closely related actions that: (a) 

automatically trigger other actions; (b) cannot or will not proceed unless other actions 

are taken previously or simultaneously; or (c) are interdependent parts of a larger 

action and depend on the larger action for their justification (see 40 CFR § 

1508.25(a)(1), CEQ Regulations). Connected actions and other proposed actions or 

parts of proposed actions that are related to each other closely enough to be, in effect, 

a single course of action must be evaluated in the same EA or EIS (see 40 CFR §§ 

1502.4(a) and 1508.25(a)(1), CEQ Regulations). A proposed action cannot be 

segmented by breaking it down into small component parts to attempt to reduce 

impacts (see 40 CFR § 1508.27(b)(7), CEQ Regulations). 

(2) Cumulative actions. Cumulative actions, when viewed with other proposed 

actions, have cumulatively significant impacts. Cumulative actions should be 

discussed in the same EIS.

(3) Similar actions. Similar actions, such as those with common timing or 

geography, should be considered in the same environmental document when the best 

way to assess their combined impacts or reasonable alternatives to such actions is in a 

single document (see 40 CFR §§ 1502.4(b) through (c) and 1508.25(a)(3), CEQ 

Regulations).

c. In addition to NEPA compliance, the FAA must comply with all other applicable 

environmental laws, regulations, and orders. The FAA and applicants must involve other 

agencies during the NEPA process and meet the public involvement needs specified in all 

applicable environmental laws, regulations, and orders.

d. Environmental permits and other forms of approval, concurrence, consultation, or 

cooperation may be required from other agencies. Pertinent permit application and other 

review processes must be included in the planning process to ensure that the necessary

supporting information is collected and provided to the permitting or reviewing agencies 

in a timely manner, especially if the applicable laws, regulations, or orders specify

timeframes for these processes. 

2-3.3. Environmental Management System Approach. EMSs provide a proactive 

systematic approach for managing and improving environmental performance and 

stewardship. Executive Order 13423, Strengthening Federal Environmental, Energy, and 

Transportation Management, 72 Federal Register 3919 (January 26, 2007), requires Federal

agencies to use EMS as the primary management approach for addressing environmental 

aspects of agency operations and activities, including environmental aspects of transportation 

functions. The most common framework for an EMS is a plan-do-check-act process, with 

the goal of continual improvement in environmental performance. A strategic EMS 

approach provides the foundation for integrating environmental objectives into NextGen and 

other FAA initiatives in furtherance of the goal of environmental protection that allows 

sustained aviation growth.

EMS may be used to support the early identification and consideration of potential 

environmental impacts and concerns in a proposed action’s planning phase. EMS data 

collection, tracking, and analysis may also be useful in the preparation of NEPA 
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2-9

documentation, including providing input to the affected environment, assessment of 

potential impacts, and consideration of appropriate mitigation measures. An EMS may also 

be used for tracking and monitoring mitigation commitments. Improvements in 

environmental performance achieved through applying an EMS approach can produce 

projects that are better tailored to site-specific circumstances, can benefit from expedited 

reviews due to reduced impacts (and therefore less NEPA documentation), and experience 

less public controversy. 

CEQ has recognized the potential benefits of aligning EMS with NEPA in the guide Aligning 

National Environmental Policy Act Processes with Environmental Management Systems – A 

Guide for NEPA and EMS Practitioner (April 2007). The CEQ guide includes example 

ways that an EMS can complement the NEPA process and support the various phases of 

NEPA review.

2-3.4. Reducing Paperwork. The CEQ Regulations (see 40 CFR § 1500.4, CEQ

Regulations) encourage the reduction of excessive paperwork by, among other things: 

a. Reducing the length of EISs;

b. Preparing analytic rather than encyclopedic EISs;

c. Discussing only briefly issues other than significant issues;

d. Writing EISs in plain language;

e. Following a clear format for EISs; 

f. Emphasizing portions of EISs that are useful to decision-makers and the public and 

reducing emphasis on background material; 

g. Using the scoping process to identify significant environmental issues deserving of 

study and de-emphasize insignificant issues, narrowing the scope of the EIS accordingly;

h. Incorporating material by reference;

i. Integrating NEPA requirements with other environmental review and consultation 

requirements; and

j. Eliminating duplication with state and local procedures by providing for joint 

document preparation, and with other Federal procedures by providing that an agency

may adopt appropriate environmental documents prepared by another agency. 

2-3.5. Reducing Delay. The CEQ Regulations (see 40 CFR § 1500.5) encourage the 

reduction of delay while allowing for public involvement and interagency and 

intergovernmental consultation by, among other things:

a. Integrating the NEPA process into early planning;

b. Emphasizing interagency cooperation before an EIS is prepared;

c. Insuring the swift and fair resolution of lead agency disputes;

d. Using the scoping process for early identification of what are and what are not the real 

issues;

e. Integrating NEPA requirements with other environmental review and consultation 

requirements; and
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f. Eliminating duplication with state and local procedures and with other Federal

procedures.

2-3.6. Mitigation. 

a. Incorporation into Project Design. Throughout the environmental analysis process, 

the responsible FAA official is encouraged to incorporate mitigation into project design 

(e.g., by modifying the project) to avoid and minimize environmental harm. Appropriate 

mitigation incorporated into project design can also have the advantage of reducing the 

level of required environmental review from an EIS to an EA and FONSI, or avoiding 

extraordinary circumstances that would preclude application of a CATEX. Mitigation 

incorporated into project design must be clearly described in the proposed action. For 

further information on mitigation of project impacts see Paragraphs 4-4, 6-2.3, and 

7-1.1.h.

b. Expertise. When identifying mitigation measures for specific environmental impact 

categories, the responsible FAA official must coordinate with subject matter experts that 

have expert knowledge, training, and experience related to the resource(s) potentially

impacted by the proposed action. 

2-4. Coordination.

2-4.1. Internal Federal Aviation Administration Coordination. The FAA’s internal 

review process is a means of coordinating NEPA reviews among appropriate management 

levels and across LOB/SOs. Internal review ensures that there is effective coordination to 

address the concerns of other offices in addition to the NEPA lead, to include relevant actions 

of other offices within the purview of the NEPA review, to confirm any requirements or 

commitments of other offices, and to provide for appropriate legal review. Additional 

information on the internal review and approval of NEPA documents is provided in Chapter 

10 of this Order.

2-4.2. Lead and Cooperating Agencies. The CEQ Regulations describe the role of the lead 

agency in preparing EISs when more than one agency is involved in a proposed action; the 

relationship of the lead agency with cooperating agencies; and the role of the lead agency in 

the scoping process and in setting time limits (see 40 CFR §§ 1501.5-1501.8, CEQ 

Regulations). The regulations also allow for joint lead agencies (see 40 CFR § 1501.6(b)).

a. When the FAA acts as the lead agency, the FAA has the primary responsibility for 

preparation of an EA or EIS (see 40 CFR §1501.5, CEQ Regulations and CEQ 

Memorandum, Cooperating Agencies in Implementing the Procedural Requirements of 

the National Environmental Policy Act (January 30, 2002)). If more than one FAA office 

is involved in the same action, the approving FAA officials of the FAA offices involved 

in the action will determine the lead FAA office responsible for the NEPA process. The 

other FAA offices will assist the FAA NEPA lead as that office deems necessary to 

prepare the document. 

b. The FAA NEPA lead should ask Federal, state, tribal, and local agencies with special 

expertise or jurisdiction by law to be cooperating agencies (see 40 CFR §§ 1501.6 and 

1508.5, CEQ Regulations, and CEQ Memorandum, Designation of Non-Federal 

Agencies to be Cooperating Agencies in Implementing the Procedural Requirements of 

the National Environmental Policy Act (July 28, 1999)).
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c. If the FAA is acting as a cooperating agency, the responsible FAA official should 

ensure that the FAA's views are adequately reflected in the environmental document (see 

Paragraph 8-7.a).

2-4.3. Intergovernmental and Interagency Coordination. The responsible FAA official, 

when appropriate, must consult affected Federal and state agencies, tribes, and local units of 

government early in the NEPA process. Applicants may also engage in intergovernmental 

and interagency coordination, subject to protocols for government-to-government 

consultation with tribes. Consultation comments on the potential environmental impacts of 

the proposed action must be considered in determining whether the proposed action requires 

an EA or EIS, and can aid in the preparation of the EA or EIS. See Paragraphs 2-3.2.c and 2-

3.2.d and the 1050.1F Desk Reference regarding requirements for coordination and 

consultation that may apply under other environmental laws, regulations, and orders.

In accordance with Executive Order 12372, Intergovernmental Review of Federal Programs,

47 Federal Register 30959 (July 16, 1982) (as supplemented by Executive Order 13132, 

Federalism, 64 Federal Register 43255 (August 10, 1999), and 49 CFR part 17, 

Intergovernmental Review of Department of Transportation Programs and Activities), the 

responsible FAA official must provide the opportunity for state and local officials to review 

and comment on Federal actions for Federal assistance or actions affecting them. A few 

states have established a point of contact, often within the governor’s office, to coordinate 

comments by state agencies. Otherwise, the responsible FAA official should contact 

appropriate state agencies directly. 

2-4.4. Tribal Consultation. Government-to-government consultation must be conducted in 

accordance with the requirements of FAA Order 1210.20, American Indian and Alaska 

Native Tribal Consultation Policy and Procedures. In accordance with Executive Order 

13175, Consultation and Coordination with Indian Tribal Governments, 65 Federal Register

67249 (November 9, 2000), the Federal government continues to work with tribes on a 

government-to-government basis to address issues concerning tribal self-government, trust 

resources, and tribal treaty and other rights. For regulations, legislative comments, or 

proposed legislation, and other policy statements or actions that have substantial direct 

effects on Federally Recognized Tribes, the appropriate FAA official should initiate 

consultation with the recognized leader of the Tribe and seek advice on how to proceed based 

on the tribal culture and the tribal organization as discussed in FAA Order 1210.20. Sources 

of information for addresses to contact tribes include, for example, State Historic 

Preservation Offices, the Bureau of Indian Affairs, the FAA’s Federal Historic Preservation 

Officer, and the FAA's National or Regional Tribal Consultation Officials. (See also 

Paragraph 2-4.3, Intergovernmental and Interagency Coordination).

2-5. Public Involvement. NEPA and the CEQ Regulations, in describing the public 

involvement process, require Federal agencies to: consider environmental information in their 

decision-making process; obtain information from the public regarding environmental concerns 

surrounding an agency’s proposed action; fully assess and disclose potential environmental 

impacts resulting from the proposed action and alternatives; and provide the public with this 

information and allow it to comment on these findings. Public involvement is also required 

when the FAA revises its rules, or when it proposes substantial changes to its NEPA 

implementing instructions. Strategic planning is needed to successfully integrate public 
07/25/13 Draft Order 1050.1F

2-12

involvement and NEPA. Failure to complete public participation can delay the process and, 

therefore, the proposed action.

2-5.1. Timing and Extent of Public Involvement. At the earliest appropriate stage of the 

proposed action and early in the process of preparing an EIS, the FAA, or when applicable, 

the applicant, must provide pertinent information to the affected communities and agencies 

and consider the affected communities’ opinions. The extent of early coordination will 

depend on the complexity, sensitivity, degree of Federal involvement, and anticipated 

environmental impacts of the proposed action. Comments received during early 

coordination/scoping, and during public review of a draft NEPA document, on the potential 

impacts of the proposed action must be considered. The length of public comment periods is 

discussed in Paragraphs 6-2.2.e and 7-1.2.d. 

2-5.2. Federal Aviation Administration Requirements for Public Involvement. The 

FAA’s Community Involvement Policy Statement (April 17, 1995) affirms the FAA’s 

commitment to make complete, open, and effective public participation an essential part of 

its actions, programs, and decisions. 

a. The FAA and applicant must involve, and are encouraged to work cooperatively with, 

other agencies during the NEPA process and meet the public involvement needs specified 

in all the environmental laws, regulations, and orders applicable to a proposed FAA 

action. The FAA and applicant should utilize information technologies to inform the 

public about the progress of environmental reviews, public comment periods, and 

availability of final environmental documents. NEPA also serves as “a framework” 

statute for completing the public notice and participation requirements specified in many

other applicable environmental laws, regulations, and orders, e.g., Section 106 of the 

National Historic Preservation Act, 16 U.S.C. § 470f, 36 CFR part 800, Protection of 

Historic Properties, Executive Order 12898, Federal Actions to Address Environmental 

Justice in Minority Populations and Low-income Populations, 59 Federal Register 7629 

(February 16, 1994) and DOT Order 5610.2(a), Actions to Address Environmental Justice 

in Minority Populations and Low-Income Populations.

b. The responsible FAA official must, at the earliest stages of project planning, make 

every effort practicable to notify potentially affected minority populations and lowincome populations of proposed actions. Direct contact must be made with minority and 

low-income community groups, organizations, and/or leaders in communities affected by

the activity. The responsible FAA official can hold public hearings, meetings, or 

workshops on NEPA documents to involve the public in the process. As appropriate, 

provisions should be made to ensure that non-English speaking populations receive 

proper notification of the proposed action and any public hearings, meetings or 

workshops that are held. (See Executive Order 12898 and DOT Order 5610.2(a)). 

c. When another Federal agency disposing of land is the lead agency pursuant to NEPA, 

the FAA should defer to the public involvement requirements of the agency having 

jurisdiction over those lands. 

d. When the FAA prepares a draft EIS for a rulemaking activity that could cause 

significant environmental impacts, the responsible FAA official should consult with the 

Office of Rulemaking (ARM-1) and AGC to coordinate public involvement.
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2-13

e. When dealing with classified information, the responsible FAA official must consult 

FAA Order 1600.2, Safeguarding Classified National Security Information.

2-5.3. Public Meetings, Workshops, and Hearings

a. The FAA should hold public meetings, workshops, or hearings, when appropriate. 

Such events can provide timely opportunities to discover potential controversial issues. 

Some factors that are helpful in deciding if a hearing, workshop, or meeting is needed

include:

(1) the proposed action’s magnitude in terms of environmental impact, environmental 

controversy, cost, and/or extent of the affected geographical area;

(2) the degree of interest that Federal, state, tribal, or local authorities or the public 

exhibit; and

(3) the complexity of issues.

The CEQ Regulations also contain criteria for determining whether to hold public 

meetings or hearings (see 40 CFR § 1506.6(c), CEQ Regulations).

b. If the FAA conducts a public meeting or hearing for the purpose of obtaining public 

comment on a draft EIS or EA, the FAA should ensure that the draft document is 

available for public review at least 30 days before the event occurs. Notice of a public 

meeting or hearing (including a scoping meeting, see Paragraph 7-1.2.c) should be 

published (e.g., in local, general circulation newspapers) at least 30 days prior to the 

event. Notice of actions having national implications must be published in the Federal 

Register and mailed to national organizations having an interest in the matter. The notice 

should provide the following:

(1) Date, time, place, and interval during which written comments will be accepted; 

(2) Description of the proposed action; 

(3) Location and availability of the NEPA document; and

(4) Name and contact information of the responsible FAA official.

c. When holding a public meeting or hearing, accommodations must be made to 

accommodate the needs of the elderly, handicapped, non-English speaking, minority, and 

low-income populations in accordance with the Americans with Disabilities Act of 1990,

42 U.S.C. §§ 12101-12213, Executive Order 12898, and DOT Order 5610.2(a).

2-6. Plain Language. The CEQ Regulations at 40 CFR §§ 1500.4(d), 1502.1, 1502.2(c), and 

1502.8, Paragraph 14 of DOT Order 5610.1C, and the Executive Orders on environmental justice 

and intergovernmental consultation encourage the availability of information to the public in a 

manner that will facilitate public involvement in decisions affecting the human environment. 

FAA NEPA documentation should be written in plain language and use appropriate graphics so 

that decisionmakers and the public can readily understand them.

2-7. Limitations on Actions Involving Real Property Prior to Completing National 

Environmental Policy Act Review. 

a. The transfer of title or other interests in real property, including land, may occur prior 

to the completion of the environmental review for a proposed project unless the 
07/25/13 Draft Order 1050.1F

2-14

acquisition of land is inextricable to the proposed project or effectively limits the choice 

of reasonable alternatives. The acquisition of land is inextricable to the proposed project 

where the acquisition is part of one continuous project leading inevitably to the proposed 

Federal action.

b. If the action requires acquisition of property and is not categorically excluded under 

this Order, no formal contact with the property owner for the purpose of acquiring these 

interests, including any offer, may be made prior to filing a final EIS or issuance of a 

FONSI, except for: 

(1) emergency situations; 

(2) obtaining rights-of-way for such purposes as preparation for site testing, 

obtaining data, property surveys, etc.; and

(3) those cases where the NEPA review process indicates that the proposed site 

warrants further engineering study. This ensures the availability of the property

pending completion of the environmental review. In this event, the environmental 

document should state that the FAA has entered into an option and the reason for the 

option; that alternative sites are being considered; and that a decision to exercise the 

option will not be made until completion of the environmental review.

c. The FAA will review a proposed action by an applicant that has acquired land or 

constructed a facility for operation by the FAA, but without prior approval by the FAA, 

to determine whether the action was consistent with the policies of this Order and 

whether it has limited full and objective consideration of alternatives.

2-8. -2-50. Reserved.
07/25/13 Draft Order 1050.1F

3-1

Chapter 3: Levels of National Environmental Policy Act Review

3-1. Three Levels of National Environmental Policy Act Review. Once the FAA determines 

that NEPA applies to a proposed action, it needs to decide on the appropriate level of review. 

The three levels of NEPA review are Categorical Exclusion (CATEX), Environmental 

Assessment (EA), and Environmental Impact Statement (EIS). Each of the three levels of review 

is briefly described in the following paragraphs.

3-1.1. Categorically Excluded Actions. A CATEX refers to a category of actions that do 

not individually or cumulatively have a significant effect on the environment. A CATEX is 

not an exemption or waiver of NEPA review; it is a level of NEPA review. If a proposed 

action falls within the scope of a CATEX (see Paragraph 5-6, CATEXs), and there are no 

extraordinary circumstances (see Paragraph 5-2, Extraordinary Circumstances), an EA or EIS

is not required. The FAA may, at its discretion, decide to prepare an EA in order to assist 

agency planning and decision-making even if a proposed action fits within a CATEX and 

extraordinary circumstances do not exist, except for actions subject to categorical exclusion 

under Section 213 of the FAA Modernization and Reform Act (see Paragraphs 5-6.5.q and 5-

6.5.r).

3-1.2. Actions Normally Requiring an Environmental Assessment. The purpose of an 

EA is to determine whether a proposed action has the potential to significantly affect the 

human environment (see Paragraph 4-3 for more information on determining significance). 

An EA is a concise public document that briefly provides sufficient evidence and analysis for 

determining whether to prepare an EIS or a FONSI. An EA may facilitate the preparation of 

an EIS, when one is necessary. 

a. An EA, at a minimum, must be prepared when the proposed action does not normally

require an EIS (see Paragraph 3-1.3, Actions Normally Requiring an Environmental 

Impact Statement) and:

(1) does not fall within the scope of a CATEX (see Paragraph 5-6, The Federal 

Aviation Administration’s Categorical Exclusions); or

(2) falls within the scope of a CATEX, but there are one or more extraordinary

circumstances (see Paragraph 5-2, Extraordinary Circumstances).

b. The following FAA actions normally require an EA:

(1) Acquisition of land greater than three acres for, and the construction of, new 

office buildings and essentially similar FAA facilities.

(2) Issuance of certificates for new, amended, or supplemental aircraft types for 

which environmental regulations have not been issued, or new, amended, or 

supplemental engine types for which emission regulations have not been issued, or 

where an environmental analysis has not been prepared in connection with a 

regulatory action.

(3) Establishment of aircraft/avionics maintenance bases to be operated by the FAA.

(4) Authorization to exceed Mach 1 flight under 14 CFR § 91.817, Civil Aircraft 

Sonic Boom.
07/25/13 Draft Order 1050.1F

3-2

(5) Establishment of FAA housing, sanitation systems, fuel storage and distribution 

systems, and power source and distribution systems.

(6) Establishment or relocation of facilities such as Air Route Traffic Control Centers 

(ARTCC), Airport Traffic Control Towers (ATCT), and off-airport Air Route 

Surveillance Radars (ARSR), Air Traffic Control Beacons (ATCB), and Next 

Generation Radar (NEXRAD). 

(7) Establishment, relocation, or construction of facilities used for communications 

(except as provided under Paragraph 5-6.3a) and navigation that are not on airport 

property. 

(8) Establishment or relocation of instrument landing systems (ILS).

(9) Establishment or relocation of approach lighting systems (ALS) that are not on 

airport property. 

(10) Federal financial participation in, or unconditional Airport Layout Plan (ALP)

approval of, the following categories of airport actions:

(a) Location of a new airport that would serve only general aviation;

(b) Location of a new commercial service airport that would not be located in a 

Metropolitan Statistical Area (MSA);

(c) A new runway at an existing airport that is not located in an MSA;

(d) Runway strengthening having the potential to increase off-airport noise 

impacts by Day-Night Average Sound Level (DNL) 1.5 decibels (dB) or greater 

over noise sensitive land uses within the DNL 65 dB noise contour;

(e) Construction or relocation of entrance or service road connections to public 

roads which substantially reduce the Level of Service rating of such public roads 

below the acceptable level determined by the appropriate transportation agency

(i.e., a highway agency); and

(f) Land acquisition associated with any of the items in (10)(a)–(f).

(11) Approval of operations specifications or amendments that may significantly

change the character of the operational environment of an airport, including, but not 

limited to:

(a) approval of operations specifications authorizing an operator to use aircraft 

to provide scheduled passenger or cargo service at an airport that may

significantly increase noise, air emissions, or other environmental impacts; or 

(b) amendment of operations specifications authorizing an operator to serve an 

airport with different aircraft that may significantly increase noise, air emissions,

or other environmental impacts. 

(12) New instrument approach procedures, departure procedures, en route 

procedures, and modifications to currently approved instrument procedures that

routinely route aircraft over noise sensitive areas at less than 3,000 feet above ground 

level (AGL) (unless otherwise categorically excluded under Paragraphs (procedures 

category) 5-6.5q and 5-6.5r).
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3-3

(13) New or revised air traffic control procedures that routinely route air traffic over 

noise sensitive areas at less than 3,000 feet AGL (unless otherwise categorically

excluded under Paragraphs (procedures category) 5-6.5q and 5-6.5r).

(14) Establishment or modification of an Instrument Flight Rules Military Training 

Route (IR MTR). 

(15) Special Use Airspace (SUA) (unless otherwise explicitly listed as an advisory

action (see Paragraph 2-1.2.b, Advisory Actions) or categorically excluded (see 

Paragraph 5-6, the FAA’s List of Approved Categorical Exclusions). 

(16) Issuance of any of the following:

(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.

(17) Formal and informal runway use programs that may significantly increase noise 

over noise-sensitive areas. 

3-1.3. Actions Normally Requiring an Environmental Impact Statement. 

a. Under NEPA, the FAA must prepare an EIS for actions significantly affecting the 

quality of the human environment (see Chapter 4 for additional information regarding 

significance of impacts). An EIS is a detailed written statement required under section 

102(2)(C) of NEPA when one or more environmental impacts are potentially significant 

and mitigation measures cannot reduce the impact(s) below significant levels. Direct, 

indirect, and cumulative impacts must be considered when determining significance (see 

Paragraph 4-3). 

b. The following are actions that normally require an EIS: 

(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.

(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.

3-2. Programmatic National Environmental Policy Act Documents and Tiering. A 

programmatic EIS or EA may be prepared to cover either: (1) a broad group of related actions;

or (2) a program, system, or national level proposal that may later lead to individual actions, 

requiring subsequent NEPA analysis. The first type of programmatic document may be useful in 

analyzing the cumulative impacts of a group of related actions. The second may be useful in 
07/25/13 Draft Order 1050.1F

3-4

providing the basis for subsequent project-level environmental review. A programmatic EIS or 

EA may contain broader analysis than is done for project-specific NEPA documents. If a 

programmatic EIS or EA is prepared, the FAA will determine at a later date whether projectspecific EISs or EAs are needed for individual actions. Broad Federal actions analyzed in a 

programmatic EIS or EA may be evaluated geographically, generically, or by stage of 

technological development (see 40 CFR § 1502.4(c), CEQ Regulations). 

When a programmatic EIS or EA has been prepared, any subsequent EIS or EA for proposed 

projects within the scope of the programmatic document only needs to summarize the issues 

discussed in the programmatic document, incorporate discussions from the programmatic 

document by reference, and concentrate the project-level EIS or EA on site-specific impacts not 

covered by the programmatic document. The project-level document must state where the earlier 

programmatic document is available. The use of a programmatic EIS or EA, and subsequent 

preparation of a project-level EIS or EA is referred to as “tiering” the environmental review (see 

40 CFR §§ 1502.20 and 1508.28, CEQ Regulations). Tiering can also be used to sequence 

environmental documents from the early stage of a proposed action (e.g., need for the action and 

site selection) to a subsequent stage (e.g., proposed construction) to help focus on issues that are 

ripe for decision and exclude from consideration issues not yet ripe or already decided. 

Programmatic and tiered EISs and EAs are subject to the same preparation and processing 

requirements as other EISs and EAs.

3-3. -3-50. Reserved.
07/25/13 Draft Order 1050.1F

4-1

Chapter 4: Impact Categories, Significance, and Mitigation

4-1. Environmental Impact Categories. Environmental impact categories that may be 

relevant to FAA actions are listed below. Detailed guidance on evaluating impacts in these 

categories is located in the 1050.1F Desk Reference. FAA-specific requirements for assessing 

impacts are highlighted in Appendix B of this Order, and discussed in detail in the 1050.1F Desk 

Reference.

 Air quality; 

 Biological resources (including fish, wildlife, and plants);

 Climate; 

 Coastal resources;

 Department of Transportation Act, Section 4(f);

 Farmlands;

 Hazardous materials, solid waste, and pollution prevention;

 Historical, architectural, archeological, and cultural resources;

 Land use; 

 Natural resources and energy supply;

 Noise and compatible land use;

 Socioeconomics, environmental justice, and children’s environmental health and safety 

risks; 

 Visual effects; and

 Water resources (including wetlands, floodplains, surface waters, groundwater, and wild 

and scenic rivers).

4-2. Consideration of Impacts. 

a. The 1050.1F Desk Reference provides details on current guidance and updated 

technical information for each environmental impact category that the FAA examines for 

its proposed actions. This includes references to current requirements; information about 

permits, certificates, or other forms of approval and review; an overview of specific 

responsibilities for gathering data, assessing impacts, consulting other agencies, and 

involving the public; significant impact thresholds; and factors to consider in evaluating 

impact significance when there is no significance threshold. 

b. The latest FAA-approved model must be used for both air quality and noise analysis. 

A list of approved models for each type of analysis is available in the 1050.1F Desk 

Reference. Prior approval from AEE is required to use other models or methodologies. 

All input files used in the analysis and corresponding output files must be provided to 

AEE. Details on requirements for noise analysis are located in Appendix B. In the event 

a model is updated or replaced after the environmental analysis process is underway, the 
07/25/13 Draft Order 1050.1F

4-2

updated or replacement model may be used to provide additional disclosure concerning 

noise or air quality impacts, but use of the updated or replacement model is not required.

c. If an environmental impact category is not relevant to the proposed action (i.e., the 

resources included in the category are not present or the category is not otherwise 

applicable to the proposed action and alternative(s)), this should be briefly noted and no 

further analysis is required. Consistent with 40 CFR § 1502.2(b), CEQ Regulations, the 

responsible FAA official should discuss impacts in proportion to their significance for 

each applicable environmental impact category.

d. Within each applicable environmental impact category, the EA or EIS must address 

the following types of effects (for further details, see the 1050.1F Desk Reference):

(1) Direct effects (see 40 CFR § 1508.8(a), CEQ Regulations);

(2) Indirect (including induced) effects (see 40 CFR § 1508.8(b), CEQ Regulations); 

and 

(3) Cumulative effects (see 40 CFR §§ 1508.7, 1508.8, 1508.25, and 1508.27(b)(7), 

CEQ Regulations, and CEQ Guidance on Considering Cumulative Effects Under the 

National Environmental Policy Act (January 1997)). Cumulative impacts are those 

that result from the incremental impact of the action when added to other past, 

present, and reasonably foreseeable future actions, whether Federal or non-Federal. If

the proposed action would cause significant cumulative impacts, an EIS is required. 

Significance cannot be avoided by terming an action temporary or by breaking it 

down into component parts. 

e. Some FAA projects involve actions by multiple FAA LOB/SOs; effects of such 

actions, when viewed together, govern whether an EA or an EIS is required. 

f. The responsible FAA official should include in the EA or EIS, under appropriate 

impact categories, all applicable permit or license requirements. The EA or EIS must

report on the status of any special consultation required (e.g., under Section 7 of the 

Endangered Species Act, 16 U.S.C. § 1536, Section 106 of the National Historic 

Preservation Act, 16 U.S.C. § 470f, Section 4(f), or the Coastal Zone Management Act, 

16 U.S.C. §§ 1451-1466). Agency consultation(s) should occur concurrently with the 

NEPA process.

4-3. Significance and Significance Thresholds.

4-3.1. General. An EIS is required when impacts of the proposed action, after incorporating 

any mitigation commitments, remains significant.

4-3.2. Context and Intensity. The CEQ Regulations state that the determination of a 

significant impact, as used in NEPA, requires consideration of both context and intensity (see 

40 CFR § 1508.27). The significance of an impact may vary with the context and setting of a 

proposed action. Depending on the proposed action, the context may be society as a whole, 

nationwide, an affected region, affected interests, or a locality. For a site-specific action, 

significance would usually depend upon local impacts. Both short and long-term impacts are 

relevant. According to the CEQ Regulations, intensity refers to the severity of the impacts 

and includes, but is not limited to, consideration of the following:
07/25/13 Draft Order 1050.1F

4-3

 Unique characteristics of the geographic area (e.g., proximity to historic or cultural 

resources, parks, prime farmlands, wetlands, wild and scenic rivers, ecologically

critical areas);

 Adverse effects on properties listed or eligible for listing in the National Register of 

Historic Places;

 Loss or destruction of significant scientific, cultural, or historical resources;

 Adverse effects on endangered or threatened species or critical habitat;

 Whether an action threatens a violation of Federal, state, or local law or requirements 

imposed for the protection of the environment;

 Impacts that may be both beneficial and adverse. A significant effect may exist even 

if the Federal agency believes that on balance the effect will be beneficial;

 The degree to which environmental effects are likely to be highly controversial;

 Whether the action is related to other actions with individually insignificant but 

cumulatively significant impacts.

4-3.3. Significance Thresholds. The FAA uses thresholds that serve as specific indicators 

of significant impact for some environmental impact categories. FAA proposed actions that 

would result in impacts at or above these thresholds require the preparation of an EIS, unless 

impacts can be reduced below threshold levels. Quantitative significance thresholds do not 

exist for all impact categories; however, consistent with the CEQ Regulations, the FAA has 

identified factors that should be considered in evaluating the context and intensity of 

potential environmental impacts. If these factors exist, there is not necessarily a significant 

impact. Depending on the proposed action and potential impacts, there may be other factors 

that should be evaluated to make a determination of significance. After consideration of all 

relevant factors, the FAA determines whether there would be a significant impact. 

When considering whether there would be a significant impact, the responsible FAA official 

must consult current FAA guidance in the 1050.1F Desk Reference for each applicable 

environmental impact category. If there is uncertainty as to whether a proposed action would 

have significant impacts, the LOB/SO should consult with AEE and AGC for guidance. 

Exhibit 4-1 shows the FAA’s significance thresholds and factors to consider for each relevant

environmental impact category.
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4-4

Exhibit 4-1. Significance Determination for FAA Actions2.

Environmental 

Impact 

Category Significance Threshold Factors to Consider

Air Quality The action would cause pollutant 

concentrations to exceed one or more 

of the National Ambient Air Quality 

Standards (NAAQS), as established 

by the Environmental Protection 

Agency under the Clean Air Act, for 

any of the time periods analyzed. 

Biological 

Resources

(including fish, 

wildlife, and 

plants)

The U.S. Fish and Wildlife Service or 

the National Marine Fisheries Service 

determines that the action would be 

likely to jeopardize the continued 

existence of a Federally-listed 

threatened or endangered species, or 

would result in the destruction or 

adverse modification of Federallydesignated critical habitat.

The action would have the potential for:

• A long-term or permanent loss of 

unlisted plant or wildlife species, i.e., 

extirpation of the species from a large 

project area (e.g., a new commercial 

service airport);

• Adverse effects to special status 

species (such as state species of 

concern, species proposed for listing 

or migratory birds) or their habitats; 

• Substantial loss, reduction, 

degradation, disturbance, or 

fragmentation of native species’ 

habitats or their populations; or

• Adverse effects on a species’ 

reproductive success rates, natural 

mortality rates, non-natural mortality 

(e.g., road kills and hunting), or 

ability to sustain the minimum 

population levels required for 

population maintenance.

 

2

In climate and land use, the FAA has not established significance thresholds or factors to consider. The general 

factors of context and intensity continue to be applicable. (See 40 CFR § 1508.27, CEQ Regulations).
07/25/13 Draft Order 1050.1F

4-5

Environmental 

Impact 

Category Significance Threshold Factors to Consider

Coastal 

Resources

The action would have the potential to:

• Be inconsistent with the relevant state 

coastal zone management plan(s);

• Impact a coastal barrier resources 

system unit (and the degree to which 

the resource would be impacted); 

• Pose an impact to coral reef 

ecosystems (and the degree to which 

the ecosystem would be affected); 

• Cause an unacceptable risk to human 

safety or property; or

• Cause adverse effects to the coastal 

environment that cannot be 

satisfactorily mitigated.

Department of 

Transportation 

Act, Section 

4(f)

The action involves more than a 

minimal physical use of a Section 4(f) 

resource or constitutes a 

“constructive use” based on an FAA 

determination that the aviation 

project would substantially impair 

the Section 4(f) resource. Resources 

that are protected by Section 4(f) are 

publicly owned land from a public 

park, recreation area, or wildlife and 

waterfowl refuge of national, state, or 

local significance; and publicly or

privately owned land from an historic 

site of national, state, or local 

significance. Substantial impairment 

occurs when the activities, features, or 

attributes of the resource that 

contribute to its significance or 

enjoyment are substantially 

diminished.

Farmlands The total combined score on Form 

AD-1006, “Farmland Conversion 

Impact Rating,” ranges between 200 

and 260 points. The Farmland 

Protection Policy Act, 7 U.S.C. §§ 

4201-4209, regulates Federal actions 

that have the potential to convert 

important farmlands to nonagricultural uses. Important 

farmlands include pastureland, 

cropland, and forest considered to be 

The action would have the potential to:

• Adversely affect agricultural 

production in the area;

• Be incompatible with Federal, state, 

tribal, or local and private programs 

and policies to protect farmland;

• Cause the disruption of a farming 

community or farming operations 

either as a direct result of project 

construction or by changes in land use 
07/25/13 Draft Order 1050.1F

4-6

Environmental 

Impact 

Category Significance Threshold Factors to Consider

prime, unique, or statewide or locally 

important land. 

associated with the action; or

• Result in the loss of farm support 

services (e.g., farm suppliers, 

equipment dealers, processing and 

storage facilities, and farmer’s 

markets) in the area as a result of 

farmland conversion. 

Hazardous 

Materials, Solid 

Waste, and 

Pollution 

Prevention

The action would have the potential to: 

• Violate applicable Federal, state, 

tribal, or local laws or regulations 

regarding hazardous materials and/or 

solid waste management;

• Involve a contaminated site (e.g., site 

listed on the National Priorities List). 

Contaminated sites may encompass 

relatively large areas. However, not 

all of the grounds within the 

boundaries of a contaminated site are 

contaminated, which leaves space for 

siting a facility on non-contaminated 

land within the boundaries of a 

contaminated site. An EIS is not 

necessarily required. Paragraph 6-

2.3.a of this Order allows for 

mitigating impacts below significant 

levels (e.g., modifying a proposed 

action or alternative(s) to site it on 

non-contaminated grounds within a 

contaminated site). Therefore, if 

appropriately mitigated, proposed 

actions or alternative(s) within the 

boundaries of a contaminated site 

would not have significant impacts;

• Produce a quantity or type of 

hazardous waste which would be 

appreciably different than without the 

proposed action or alternative(s); 

• Generate a quantity or type of solid 

waste or use a method of collection or 

disposal which would be appreciably 

different than without the action 

and/or would exceed local capacity; 

or

• Adversely affect human health and 

the environment.
07/25/13 Draft Order 1050.1F

4-7

Environmental 

Impact 

Category Significance Threshold Factors to Consider

Historical, 

Architectural, 

Archeological 

and Cultural 

Resources

The action would result in a finding of 

Adverse Effect through the Section 106 

process.

Natural 

Resources and 

Energy Supply

The action would have the potential to 

cause demand to exceed available or 

future supplies of these resources.

Noise and 

NoiseCompatible 

Land Use

The action would increase noise by 

DNL 1.5 dB or more for a noise 

sensitive area that is exposed to noise 

at or above the DNL 65 dB noise 

exposure level, or that will be exposed 

at or above this level due to the 

increase, when compared to the no 

action alternative for the same 

timeframe. For example, an increase 

from DNL 65.5 dB to 67 dB is 

considered a significant impact, as is 

an increase from DNL 63.5 dB to 65 

dB. Special consideration needs to be 

given to the evaluation of the 

significance of noise impacts on noise 

sensitive areas within national parks, 

national wildlife refuges and historic 

sites, including traditional cultural 

properties. For example, the DNL 65 

dB threshold does not adequately 

address the effects of noise on visitors 

to areas within a national park or 

national wildlife refuge where other 

noise is very low and a quiet setting is 

a generally recognized purpose and 

attribute.

Socioeconomics, Environmental Justice, and Children’s Health and Safety Risks

Socioeconomics The action would have the potential to:

• Induce substantial economic growth in 

an area, either directly or indirectly 

(e.g., through establishing projects in 

an undeveloped area);

• Disrupt or divide the physical 

arrangement of an established 

community;
07/25/13 Draft Order 1050.1F

4-8

Environmental 

Impact 

Category Significance Threshold Factors to Consider

• Cause extensive relocation when 

sufficient replacement housing is 

unavailable;

• Cause extensive relocation of 

community businesses that would 

cause severe economic hardship for 

affected communities;

• Disrupt local traffic patterns and 

substantially reduce the Levels of 

Service of roads serving an airport and 

its surrounding communities; or

• Produce a substantial change in the 

community tax base.

Environmental 

Justice

The action would have the potential to 

lead to a disproportionately high and 

adverse impact to an environmental 

justice population, i.e., a low-income or 

minority population, due to:

• Significant impacts in other 

environmental impact categories; or 

• Impacts on the physical or natural 

environment that affect an 

environmental justice population in a 

way that is unique and significant to 

that population.

Children’s 

Environmental 

Health and 

Safety Risks

The action would have the potential to 

lead to a disproportionate health or safety 

risk to children.

Visual Effects 

Light 

Emissions

The degree the action would have the 

potential to:

• Create annoyance or interfere with 

normal activities from light emissions; 

and

• Affect the visual character of the area 

due to the light emissions, including 

the importance, uniqueness, and 

aesthetic value of the affected visual 

resources.
07/25/13 Draft Order 1050.1F

4-9

Environmental 

Impact 

Category Significance Threshold Factors to Consider

Visual 

Resources / 

Visual 

Character

The extent the action would have the 

potential to:

• Affect the nature of the visual 

character of the area, including the 

importance, uniqueness, and aesthetic 

value of the affected visual resources;

• Contrast with the visual resources 

and/or visual character in the study 

area; and

• Block or obstruct the views of visual 

resources and whether these resources 

would still be viewable from other 

locations.

Water Resources (including Wetlands, Floodplains, Surface Waters, Groundwater, and Wild 

and Scenic Rivers)

Wetlands The action would:

1. Adversely affect a wetland’s 

function to protect the quality or 

quantity of municipal water 

supplies, including surface waters 

and sole source and other aquifers;

2. Substantially alter the hydrology 

needed to sustain the affected 

wetland system’s values and 

functions or those of a wetland to 

which it is connected;

3. Substantially reduce the affected 

wetland’s ability to retain 

floodwaters or storm runoff, thereby 

threatening public health, safety or 

welfare (the term welfare includes 

cultural, recreational, and scientific 

resources or property important to 

the public);

4. Adversely affect the maintenance 

of natural systems supporting 

wildlife and fish habitat or 

economically important timber, 

food, or fiber resources of the 

affected or surrounding wetlands; 

5. Promote development of 

secondary activities or services that 

would cause the circumstances 

listed above to occur; or
07/25/13 Draft Order 1050.1F

4-10

Environmental 

Impact 

Category Significance Threshold Factors to Consider

6. Be inconsistent with applicable 

state wetland strategies.

Floodplains The action would cause notable 

adverse impacts on natural and 

beneficial floodplain values. Natural 

and beneficial floodplain values are 

defined in Paragraph 4.k of DOT 

Order 5650.2, Floodplain 

Management and Protection.

The action would have the potential to 

result in significant encroachment.

Surface Waters The action would:

1. Exceed water quality standards 

established by Federal, state, and 

local regulatory agencies; or

2. Contaminate public drinking 

water supply such that public health 

may be adversely affected. 

The action would have the potential to: 

 Adversely affect natural and 

beneficial water resource values to a 

degree that substantially diminishes 

or destroys such values; 

 Adversely affect surface waters such 

that the beneficial uses and values of 

such waters are appreciably 

diminished or can no longer be 

maintained or that cannot be avoided 

or satisfactorily mitigated; or

 Present difficulties based on water 

quality impacts when obtaining a 

permit or authorization.

Groundwater The action would:

1. Exceed groundwater quality 

standards established by Federal, 

state, and local regulating agencies. 

2. Contaminate an aquifer used for 

public water supply such that public 

health may be adversely affected.

The action would have the potential to: 

• Adversely affect natural and 

beneficial groundwater values to a 

degree that substantially diminishes or 

destroys such values; 

• Adversely affect groundwater 

quantities such that the beneficial uses 

and values of such groundwater are 

appreciably diminished or can no 

longer be maintained or that cannot be 

avoided or satisfactorily mitigated; or

• Present difficulties based on water 

quality impacts when obtaining a 

permit or authorization.

Wild and 

Scenic Rivers

The action would have an adverse effect 

on the values for which a river was 

designated (or considered for designation) 

through: 

• Destroying or altering a river’s freeflowing nature;
07/25/13 Draft Order 1050.1F

4-11

Environmental 

Impact 

Category Significance Threshold Factors to Consider

• A direct and adverse effect on the 

values for which a river was 

designated (or under study for 

designation);

• Introducing a visual, audible, or other 

type of intrusion that is out of 

character with the river or would alter 

outstanding features of the river’s 

setting;

• Causing the river’s water quality to 

deteriorate; 

• Allowing the transfer or sale of 

property interests without restrictions 

needed to protect the river or the river 

corridor (which cannot exceed an 

average of 320 acres per mile which, 

if applied uniformly along the entire 

designated segment, is one-quarter of 

a mile on each side of the river); or

• Any of the above impacts preventing a 

river on the Nationwide Rivers 

Inventory (NRI) or Section 5(d) river 

that is not included in the NRI from 

being included in the Wild and Scenic 

River System or downgrade its 

classification (e.g., from wild to 

recreational).

4-4. Mitigation. As defined in the CEQ Regulations at 40 CFR § 1508.20, mitigation includes 

avoiding the impact; minimizing the impact; rectifying the impact by repairing, rehabilitating, or 

restoring the environment; reducing or eliminating the impact over time by preservation and 

maintenance operations during the life of the action; and compensating for the impact by 

replacing or providing substitute resources. 

a. General. An EA may include discussion of reasonable mitigation measures. If 

mitigation is discussed in an EA, the discussion must be in sufficient detail to describe 

the effects of the mitigation. If the responsible FAA official determines that mitigation 

measures can and will be used to reduce potentially significant adverse impacts below the 

level of significance, these mitigation measures can be used to support a mitigated 

FONSI. An EIS must describe mitigation measures considered or planned to minimize 

harm from the proposed action. For more detailed guidance on the use of mitigation in 

EAs and EISs, see Paragraphs 6-2.3 and 7-1.1.h, respectively. 
07/25/13 Draft Order 1050.1F

4-12

b. Mitigation Incorporated into Project Design. Mitigation measures incorporated into 

project design (e.g., by modifying the project) must be clearly described as part of the 

proposed action in an EA or EIS. 

c. Mitigation Made a Condition of FAA Approval. When specific mitigation is made a 

condition of project approval, the FAA or another appropriate entity must implement the

mitigation. Prior to project approval, the FAA should verify that:

(1) the FAA has sufficient legal authority to implement or enforce implementation of 

the mitigation;

(2) it is reasonably foreseeable that funding for implementation of the mitigation will 

be available;

(3) the mitigation is clearly specified in terms of expected outcomes, which may 

include measurable performance standards; and 

(4) the mitigation will be clearly specified in an enforceable document (e.g., a grant, 

license, permit, or contract).

d. Monitoring. If mitigation is a condition of project approval, then in accordance with 

CEQ’s guidance on the Appropriate Use of Mitigation and Monitoring and Clarifying the 

Appropriate Use of Mitigated Findings of No Significant Impact, 76 Federal Register

3843 (January 21, 2011), the FAA is expected to apply professional judgment and the 

rule of reason in determining important projects where the agency or the applicant should 

develop a monitoring program. The agency or entity responsible for mitigation must use 

the same standards of professional judgment and the rule of reason when determining the 

type and extent of monitoring to check on the progress made in implementing mitigation 

commitments as well as their effectiveness. In cases that are less important, the agency 

should exercise its discretion to determine what level of monitoring, if any, is 

appropriate. 

A monitoring program should include both implementation monitoring (i.e., whether 

mitigation measures are being implemented) and effectiveness monitoring (i.e., whether 

mitigation measures are producing expected outcomes) and must be clearly described in 

the decision document (e.g., ROD or FONSI/ROD). Where available and applicable, an 

EMS may be used for tracking and monitoring mitigation commitments. If monitoring 

demonstrates that mitigation commitments are not being implemented or that 

implemented mitigation is failing to mitigate environmental effects as predicted, the FAA 

should consider taking remedial steps. If there remains a pending FAA decision on the 

proposed action, the responsible FAA official should also consider whether the 

preparation of supplemental NEPA documentation is necessary. For more detailed 

guidance on mitigation monitoring in EAs and EISs, see Paragraphs 6-2.3 and 7-2.3 

respectively. 

e. Enforcement. When an entity other than the FAA fails to implement mitigation that is 

a condition of project approval, the FAA should consider appropriate action, as 

necessary, to ensure that the entity implements the mitigation. For more detailed 

guidance on mitigation enforcement in EAs and EISs, see Paragraphs 6-2.3 and 7-2.3 

respectively. 

4-5. -4-50. Reserved.
07/25/13 Draft Order 1050.1F

5-1

Chapter 5: Categorical Exclusions

5-1. General. The CATEXs listed in Paragraphs 5-6.1 through 5-6.6 are for types of actions 

that the FAA has found do not normally require an EA or EIS because they do not individually

or cumulatively have a significant effect on the human environment.

a. The responsible FAA official must determine whether a proposed action is within the 

scope of a CATEX listed in this chapter. If a proposed action is within the scope of a 

CATEX, but the responsible FAA official determines that extraordinary circumstances 

exist, an EA or EIS must be prepared. If a proposed action is not within the scope of a 

CATEX, an EA or EIS must be prepared. The CATEX determination process is 

described in flowchart form in Exhibit E-1 of Appendix E. 

b. A CATEX should not be used for a segment or an interdependent part of a larger 

proposed action. 

5-2. Extraordinary Circumstances. 

a. Extraordinary circumstances are factors or circumstances in which a normally

categorically excluded action may have a significant environmental effect that then 

requires further analysis in an EA or an EIS. For FAA proposed actions, extraordinary

circumstances exist when the proposed action meets both of the following criteria (see 40 

CFR § 1508.4, CEQ Regulations): 

(1) Involves any of the circumstances described in Subparagraph b. below, and 

(2) May have a significant effect (see 40 CFR § 1508.4, CEQ Regulations). 

An impact involving one or more of the circumstances described below in connection 

with a proposed action does not require the preparation of an EA or EIS unless the 

additional determination is made that the proposed action may have a significant 

environmental effect (i.e., that the circumstances rise to the level of extraordinary

circumstances). The FAA uses screening and other analyses and consultation, as 

appropriate, to assist in determining extraordinary circumstances (see supporting 

guidance in the 1050.1F Desk Reference for information to determine the potential for 

significant environmental effects and Paragraph 4-3 of this Order for the FAA’s 

significance thresholds and factors to consider in evaluating significance). When 

extraordinary circumstances exist and the proposed action cannot be modified to 

eliminate the extraordinary circumstances, an EA or EIS must be prepared. If 

extraordinary circumstances do not exist or are eliminated, a CATEX may be used. If it 

is uncertain whether the proposed action involves an extraordinary circumstance, the 

LOB/SO should consult with AEE and AGC for guidance. 

b. An extraordinary circumstance exists if a proposed action involves any of the 

following circumstances and has the potential for a significant effect: 

(1) An adverse effect on cultural resources protected under the National Historic 

Preservation Act of 1966, as amended, 16 U.S.C. §§ 470-470x-6.

(2) An impact on properties protected under Section 4(f).

(3) An impact on natural, ecological, or scenic resources of Federal, state, tribal, or 

local significance (e.g., Federally-listed or proposed endangered, threatened, or 
07/25/13 Draft Order 1050.1F

5-2

candidate species, or designated or proposed critical habitat under the Endangered 

Species Act, 16 U.S.C. §§ 1531-1544). 

(4) An impact on the following resources: resources protected by the Fish and 

Wildlife Coordination Act, 16 U.S.C. §§ 661-667d; wetlands; floodplains; coastal 

zones; national marine sanctuaries; wilderness areas; National Resource Conservation 

Service-designated prime and unique farmlands; energy supply and natural resources; 

resources protected under the Wild and Scenic Rivers Act, 16 U.S.C. §§ 1271-1287,

and rivers or river segments listed on the Nationwide Rivers Inventory (NRI); and 

solid waste management.

(5) A division or disruption of an established community, or a disruption of orderly, 

planned development, or an inconsistency with plans or goals that have been adopted 

by the community in which the project is located.

(6) An increase in congestion from surface transportation (by causing decrease in 

Level of Service below acceptable levels determined by appropriate transportation 

agency, such as a highway agency).

(7) An impact on noise levels of noise-sensitive areas.

(8) An impact on air quality or violation of Federal, state, tribal, or local air quality

standards under the Clean Air Act, 42 U.S.C. §§ 7401-7671q.

(9) An impact on water quality, sole source aquifers, a public water supply system, 

or state or tribal water quality standards established under the Clean Water Act, 33 

U.S.C. §§ 1251-1387, and the Safe Drinking Water Act, 42 U.S.C. §§ 300f-300j-26. 

(10) Effects on the quality of the human environment that are likely to be highly 

controversial on environmental grounds. The term “highly controversial” means a 

substantial dispute exists as to the size, nature, or effect of a proposed Federal action. 

The effects of an action are considered highly controversial when reasonable 

disagreement exists over the project’s risks of causing environmental harm. Mere 

opposition to a project is not sufficient to be considered highly controversial on 

environmental grounds. Opposition on environmental grounds by a Federal, state, or 

local government agency or by a tribe or a substantial number of the persons affected 

by the action should be considered in determining whether or not reasonable 

disagreement regarding the effects of a proposed action exists. If in doubt about 

whether a proposed action is highly controversial on environmental grounds, consult 

the LOB/SOs’ headquarters environmental division, AEE, Regional Counsel, or AGC 

for assistance.

(11) Likelihood to be inconsistent with any Federal, state, tribal, or local law relating 

to the environmental aspects of the proposed action.

(12) Likelihood to directly, indirectly, or cumulatively create a significant impact on 

the human environment, including, but not limited to, actions likely to cause a 

significant lighting impact on residential areas or commercial use of business 

properties, likely to cause a significant impact on the visual nature of surrounding 

land uses, 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.
07/25/13 Draft Order 1050.1F

5-3

5-3. Categorical Exclusion Documentation.

a. Some of the CATEXs listed in Paragraph 5-6 cover actions for which there is no 

reasonable expectation of any change in use or other change that could cause an 

environmental impact. These are designated with an asterisk (*). Many of the other 

CATEXs cover actions that have little or no potential for extraordinary circumstances. 

When using a CATEX for these actions, a LOB/SO may prepare a simple written record 

(which may already be included in documentation prepared during the course of normal 

project development) that a specific CATEX was determined to apply to a proposed 

action.

b. For some actions, there is greater potential for one or more extraordinary

circumstances or other reasons that warrant additional CATEX documentation, as 

described in Paragraph d, below. Factors that may warrant the preparation of additional 

documentation include: 

(1) actions that are likely to affect sensitive resources sufficient to heighten concerns 

regarding the potential for extraordinary circumstances; 

(2) actions that would result in changes to the routine routing of aircraft that have the 

potential to result in significant increases in noise over noise sensitive areas; 

(3) actions involving situations in which the applicability of a CATEX is not 

intuitively clear; 

(4) actions involving known controversy or public opposition; or 

(5) actions for which litigation is anticipated. 

c. FAA LOB/SOs are responsible for identifying proposed actions within their purview 

that warrant CATEX documentation. LOB/SOs may additionally exercise professional 

judgment to document a project-specific CATEX that is not included in Paragraph 5-3.b 

above. A determination that a proposed action qualifies for a CATEX is not considered 

deficient due to lack of documentation provided that extraordinary circumstances have

been considered.

d. Documentation prepared for a CATEX determination in accordance with Paragraph 5-

3 should be concise. The extent of documentation should be tailored to the type of action 

involved and the potential for extraordinary circumstances. There is no prescribed 

format; however, the documentation should cite the CATEX(s) used describe how the 

proposed action fits within the category of actions described in the CATEX and explain 

that there are no extraordinary circumstances that would preclude the proposed action 

from being categorically excluded. A CATEX determination that warrants the 

preparation of additional documentation in accordance with Paragraph 5-3 should be 

signed by the responsible FAA official.

e. The preparation of a ROD for a CATEX determination is not required and is 

uncommon. There may be instances where it would be advantageous for the FAA to 

prepare a separate formal decision document (i.e., a “CATEX/ROD”) in connection with 

a CATEX determination. A CATEX/ROD might be advisable, for example, where there 

is substantial controversy regarding the applicability of a CATEX and/or the existence of 

extraordinary circumstances. When there is doubt whether a CATEX/ROD is 
07/25/13 Draft Order 1050.1F

5-4

appropriate, the responsible FAA official should consult with the Office of the Chief 

Counsel (AGC-600) or Regional Counsel.

5-4. Public Notification. There is no requirement to notify the public when a CATEX is used. 

However, CEQ encourages agencies to determine circumstances in which the public should be 

engaged or notified before a CATEX is used. The FAA, as a regulatory agency, normally 

notifies the public when a CATEX is applied to a proposed rulemaking action. Other appropriate 

circumstances may be determined on a case-by-case basis.

5-5. Other Environmental Requirements. In addition to NEPA, a proposed action may be

subject to requirements in other environmental laws, regulations, or orders that must be complied 

with before the action can be approved. The responsible FAA official must ensure, to the fullest 

extent possible, that the proposed action is in compliance with such requirements in addition to 

making the appropriate determination regarding use of a CATEX. To the extent that these other 

requirements are relevant to a determination of extraordinary circumstances, they must be 

addressed before a CATEX is used. The responsible FAA official must document compliance 

with applicable requirements, including any required consultations, findings, or determinations. 

The documentation of compliance with other environmental requirements may either be included 

in a documented CATEX or may be documented separately from a CATEX. Information on 

other environmental requirements that may apply to proposed actions is provided in the 1050.1F 

Desk Reference.

5-6. The Federal Aviation Administration’s Categorical Exclusions. The FAA has 

determined that the actions listed in this paragraph normally do not individually or cumulatively

have a significant effect on the human environment. 

The CATEXs are organized by the following functions:

 Administrative/General: Actions that are administrative or general in nature.

 Certification: Actions concerning issuance of certificates or compliance with

certification programs.

 Equipment and Instrumentation: Actions involving installation, repair, or upgrade of 

equipment or instruments necessary for operations and safety.

 Facility Siting, Construction, and Maintenance: Actions involving acquisition, repair, 

replacement, maintenance, or upgrading of grounds, infrastructure, buildings, structures, 

or facilities that generally are minor in nature.

 Procedural: Actions involving establishment, modification, or application of airspace and 

air traffic procedures.

 Regulatory: Actions involving establishment of, compliance with, or exemptions to, 

regulatory programs or requirements.

To assist the responsible FAA official in identifying the applicable CATEX for a proposed 

action, the FAA LOB/SO that most commonly uses a CATEX is provided in parentheses 

following the description of the CATEX. For example, if ATO and the AST are the two 

LOB/SOs that most commonly use a CATEX, the parenthetical reference (ATO, AST) will 

follow the description of the CATEX. If a given CATEX is used with equal frequency by all 

FAA LOB/SOs, the parenthetical reference “(All)” will follow the description of the CATEX. 
07/25/13 Draft Order 1050.1F

5-5

This information is presented for reference only, and must not be construed to limit the use of a 

CATEX to only the listed LOB/SO. 

5-6.1. Categorical Exclusions for Administrative/General Actions. This category

includes the list of CATEXs for FAA actions that are administrative or general in nature. An 

action included within this list of categorically excluded actions is not automatically 

exempted from environmental review under NEPA. The responsible FAA official must also 

review Paragraph 5-2, Extraordinary Circumstances, before deciding to categorically 

exclude a proposed action. 

a. Implementation of measures to respond to emergency air or ground safety needs, 

accidents, or natural events with no reasonably foreseeable significant long-term adverse 

effects. (All) 

b. Release of an airport sponsor from Federal obligations incurred when the sponsor 

accepted: (1) an Airport Improvement Grant; or (2) Federal surplus property for airport 

purposes. (NOTE: FAA consent to long-term leases (i.e., those exceeding 20 years) 

converting airport-dedicated property to non-aeronautical, revenue-producing purposes 

(e.g., convenience concessions such as food or personal services) has the same effect as a 

release and is part of this CATEX provided that the proposed and reasonably foreseeable 

uses of the property do not trigger extraordinary circumstances as described in Paragraph

5-2, Extraordinary Circumstances). (ARP, AST)

c. An FAA action responding to a request for conveying Federally-owned land, 

including surplus Federal property and/or joint-use facilities, provided the proposed use 

of the conveyed land is either unchanged or for a use that is categorically excluded. 

(ARP, ATO)

d. Federal funding and approval of amendments to Airport Layout Plans (ALPs) to carry

out FAA-approved noise compatibility programs pursuant to 14 CFR part 150. (ARP)

e. Issuance of Notices to Airmen (NOTAMS), which notify pilots and other interested 

parties of interim or temporary conditions. (AVS, ATO)

f. Mandatory actions required under implementing regulation for any treaty or 

international agreement to which the United States is a party, or required by the decisions 

of international organizations or authorities in which the United States is a member or 

participant except when the United States has discretion over implementation of such 

requirements. (AGC, ARP, APL, ATO, AST, AVS) 

g. Issuance of airport policy and planning documents including the National Plan of 

Integrated Airport Systems (NPIAS), Airport Improvement Program (AIP) priority

system, and advisory circulars on planning, design, and development that are issued as 

administrative and technical guidance. (ARP, AST)*

h. Approval of an airport sponsor’s request solely to impose Passenger Facility Charges 

(PFC) or approval to impose and use PFCs for planning studies. (ARP)*

 

*

See Paragraph 5-3.a.
07/25/13 Draft Order 1050.1F

5-6

i. Actions that are tentative, conditional, and clearly taken as a preliminary action to 

establish eligibility under an FAA program, for example, Airport Improvement Program 

(AIP) actions that are tentative and conditional and clearly taken as a preliminary action 

to establish an airport sponsor’s eligibility under the AIP. (All)*

j. Administrative and agency operating actions, such as procurement documentation, 

organizational changes, personnel actions, and legislative proposals not originating in the 

FAA. (All)*

k. Agreements with foreign governments, foreign civil aviation authorities, international 

organizations, or U.S. Government departments calling for cooperative activities or the 

provision of technical assistance, advice, equipment, or services to those parties, and the 

implementation of such agreements; negotiations and agreements to establish and define 

bilateral aviation safety relationships with foreign governments and the implementation 

of such agreements; attendance at international conferences and the meetings of 

international organizations, including participation in votes and other similar actions. 

(All)*

l. All delegations of authority to designated examiners, designated engineering 

representatives, or airmen under Section 314 of the FAA Act (49 U.S.C. §§ 44702(d) and 

45303). (ATO, AVS) *

m. FAA administrative actions associated with transfer of ownership or operation of an 

existing airport, by acquisition or long-term lease, as long as the transfer is limited to 

ownership, right of possession, and/or operating responsibility. (ARP)*

n. Issuance of grants to prepare noise exposure maps and noise compatibility programs 

(NCPs) under 49 U.S.C. §§ 47503(2) and 47504, and FAA determinations to accept noise 

exposure maps and approve NCPs under 14 CFR part 150. (ARP)*

o. Issuance of grants that do not imply a project commitment, such as airport planning 

grants, and grants to states participating in the state block grant program. (ARP, AST)

*

p. Conditional approval of an Airport Layout Plan (ALP). (ARP)*

q. Planning and development of training, personnel efficiency, and performance projects 

and programs. (All) *

r. Issuance of policy and planning documents and legislative proposals not intended for, 

or which do not cause direct implementation of, project or system actions. (All)*

s. Project amendments (for example, increases in costs) that do not alter the 

environmental impact of the action. (All)*

t. Actions related to the retirement of the principal of bond or other indebtedness for 

terminal development. (ARP)*

u. Approval under 14 CFR part 161, Notice and Approval of Airport Noise and Access 

Restrictions, of a restriction on the operations of Stage 3 aircraft that does not have the 

 

*

See Paragraph 5-3.a.
07/25/13 Draft Order 1050.1F

5-7

potential to significantly increase noise at the airport submitting the restriction proposal 

or at other airports to which restricted aircraft may divert. (ARP)

5-6.2. Categorical Exclusions for Certification Actions. This category includes the list of 

CATEXs for FAA actions concerning issuance of certificates or compliance with 

certification programs. An action included within this list of categorically excluded actions is 

not automatically exempted from environmental review under NEPA. The responsible FAA 

official must also review Paragraph 5-2, Extraordinary Circumstances, before deciding to 

categorically exclude a proposed action. 

a. Approvals and findings pursuant to 14 CFR part 36, Noise Standards: Aircraft Type 

and Airworthiness Certification, and acoustical change provisions under 14 CFR § 21.93. 

(ATO, AVS, APL)

b. Approvals of repairs, parts, and alterations of aircraft, commercial space launch 

vehicles, and engines not affecting noise, emissions, or wastes. (All)

c. Issuance of certificates such as the following: (1) new, amended, or supplemental 

aircraft types that meet environmental regulations; (2) new, amended, or supplemental 

engine types that meet emission regulations; (3) new, amended, or supplemental engine 

types that have been excluded by the EPA (see 14 CFR § 34.7, Exemptions); (4) medical, 

airmen, export, manned free balloon type, glider type, propeller type, supplemental type 

certificates not affecting noise, emission, or waste; (5) mechanic schools, agricultural 

aircraft operations, repair stations, and other air agency ratings; and (6) operating 

certificates. (ATO, AVS)

d. Operating specifications and amendments that do not significantly change the 

operating environment of the airport. “That do not significantly change the operating 

environment of the airport” refers to minor operational changes at an airport that do not 

significantly increase noise, air quality, or other environmental impacts. These would 

include, but are not limited to, authorizing use of an alternate airport, administrative 

revisions to operations specifications, or use of an airport on a one-time basis. The use of 

an airport on a one-time basis means the operator will not have scheduled operations at 

the airport, or will not use the aircraft for which the operator requests an amended 

operations specification, on a scheduled basis. (ATO, AVS) 

e. Issuance of certificates and related actions under the Airport Certification Program 

(see 14 CFR part 139). (ARP) 

f. Issuance of Airworthiness Directives (ADs) to ensure aircraft safety. (ATO, AVS)*

5-6.3. Categorical Exclusions for Equipment and Instrumentation. This category

includes the list of CATEXs for FAA actions involving installation, repair, or upgrade of 

equipment or instruments necessary for operations and safety. An action included within this 

list of categorically excluded actions is not automatically exempted from environmental 

review under NEPA. The responsible FAA official must also review Paragraph 5-2, 

Extraordinary Circumstances, before deciding to categorically exclude a proposed action. 

 

*

See Paragraph 5-3.a.
07/25/13 Draft Order 1050.1F

5-8

a. Construction of the following facilities on designated airport property or commercial 

space launch sites, co-located with other FAA facilities, co-located at a location currently 

used for similar facilities or equipment, or replacement with essentially similar facilities 

or equipment: Remote Communications Outlet (RCO), Remote Transmitter/Receiver 

(RT/R), or Remote Center-Air Ground Communication Facility (RCAG), or essentially 

similar facilities or equipment identified in, and designed and constructed in accordance 

with FAA Order 6580.3, The Remote Communications Facilities Installation Standards 

Handbook. These facilities are typically located within a 150 feet by 150 feet parcel with 

antenna towers reaching approximately 40 feet in height. (ATO) 

b. Establishment, installation, upgrade, or relocation of any of the following on 

designated airport or FAA property: airfield or approach lighting systems, visual 

approach aids, beacons, and electrical distribution systems as described in FAA 

Order 6850.2, Visual Guidance Lighting Systems, and other related facilities. (ATO, 

ARP)

c. Federal financial assistance for, or Airport Layout Plan (ALP) approval of, or FAA 

installation or upgrade of facilities and equipment, other than radars, on designated 

airport or FAA property or commercial space launch sites. Facilities and equipment 

means FAA communications, navigation, surveillance, and weather systems. Weather 

systems include hygrothermometers, Automated Weather Observing System (AWOS), 

Automatic Surface Observation System (ASOS), Stand Alone Weather Sensors (SAWS), 

Runway Visual Range (RVR), and other essentially similar facilities and equipment that 

provide for modernization or enhancement of the service provided by these facilities. 

Navigational aids include Very High Frequency Omnidirectional Range (VOR), VOR 

Test facility (VOT), co-located VORs and Tactical Aircraft Control and Navigation 

(TACAN) (VORTAC), Low Power TACAN, Instrument Landing System (ILS) 

equipment or components of ILS equipment (establishment or relocation of an ILS is not 

included; an EA is normally required; see Paragraph 3-1.2.b(8)), Wide Area 

Augmentation System (WAAS), Local Area Augmentation System (LAAS), other 

essentially similar facilities and equipment, and equipment that provides for 

modernization or enhancement of the service provided by that facility, such as conversion 

of VOR to VORTAC, conversion to Doppler VOR (DVOR), or conversion of ILS to 

category II or III standards. FAA Order 6820.10, VOR, VOR/DME and VORTAC Siting 

Criteria governs the installation of VOR/VOT/VORTAC-type equipment. These 

facilities are typically located within a 150 feet by 150 feet parcel, with a total structure 

height reaching approximately 50 feet in height. (ATO, ARP, AST)

d. Federal financial assistance for, or Airport Layout Plan (ALP) approval of, or FAA 

installation, repair, replacement, relocation, or upgrade of radar facilities and equipment 

on designated airport or FAA property or commercial space launch sites, that conform to 

the current American National Standards Institute/Institute of Electrical and Electronic 

Engineers (ANSI/IEEE) guidelines for maximum permissible exposure to 

electromagnetic fields. Radar facilities and equipment include Terminal Doppler 

Weather Radar (TDWR), Next Generation Weather Radar (NEXRAD), Precision 

Runway Monitor (PRM), Airport Surface Detection Equipment (ASDE), Air Route 

Surveillance Radar (ARSR), Airport Surveillance Radar (ASR), Air Traffic Control 

Beacon Interrogator (ATCBI), and other essentially similar facilities and equipment. In 
07/25/13 Draft Order 1050.1F

5-9

addition, this includes equipment that provides for modernization or enhancement of the 

service provided by these facilities, such as Radar Bright Display Equipment (RBDE) 

with Plan View Displays (PVD), Direct Access Radar Channel (DARC), adding a beacon 

system onto existing radar, and calibration equipment. (ATO, ARP)

e. Federal financial assistance for, Airport Layout Plan (ALP) approval of, or FAA 

installation, repair, relocation, replacement, removal, or upgrade of minor miscellaneous 

items such as Low Level Wind Shear Alert System (LLWAS), wind indicators, wind 

measuring devices, landing directional equipment, segmented circles (visual indicators 

providing traffic pattern information at airports without airport traffic control towers

(ATCTs)), mobile ATCTs, Mobile Emergency Radar Facilities (MERF), and associated 

fencing and calibration equipment. (ARP, ATO)

f. Installation or replacement of engine generators used in emergencies. (ATO, AST)

g. Replacement or upgrade of power and control cables for existing facilities and 

equipment, such as airfield or approach lighting systems (ALS), commercial space launch 

site lighting systems, visual approach aids, beacons, and electrical distribution systems as 

described in FAA Order 6850.2, Visual Guidance Lighting Systems, or airport 

surveillance radar (ASR), commercial space launch site surveillance radar, Instrument 

Landing System (ILS), and Runway Visual Range (RVR). (ATO)

h. Acquisition of equipment required for the safety or security of personnel and property 

on the airport or commercial space launch site, including safety equipment required by

rule or regulation for certification of an airport (see 14 CFR part 139, Certification and 

Operation: Land Airports Serving Certain Air Carriers), or licensing the operation of a 

commercial space launch site (see 14 CFR part 420, License to Operate a Launch Site) 

and acquisition of snow removal equipment. (ARP, AST) 

i. Approval of an Airport Layout Plan (ALP), Federal financial assistance for, or FAA 

projects for: the installation of solar or wind-powered energy equipment, provided the 

installation does not involve more than three total acres of land (including the land 

needed for easements and rights-of-way associated with building and installing the 

equipment, and any trenching and cabling that would connect the installed solar or wind 

equipment to other parts of the airport or an existing electrical grid. Construction 

contracts or leases for this equipment must include requirements to control dust, 

sedimentation, storm water, and accidental spills). (ARP, ATO)

5-6.4. Categorical Exclusions for Facility Siting, Construction, and Maintenance. This 

category includes the list of CATEXs for FAA actions involving acquisition, repair, 

replacement, maintenance, or upgrading of grounds, infrastructure, buildings, structures, or 

facilities that generally are minor in nature. An action included within this list of 

categorically excluded actions is not automatically exempted from environmental review 

under NEPA. The responsible FAA official must also review Paragraph 5-2, Extraordinary 

Circumstances, before finalizing a decision to categorically exclude a proposed action. 

a. Access road construction, and construction, relocation, or repair of entrance and 

service roadways that do not reduce the Level of Service on local traffic systems below 

acceptable levels. (ATO, ARP, AST)
07/25/13 Draft Order 1050.1F

5-10

b. Acquisition of land and relocation associated with a categorically excluded action. 

(ATO, ARP)

c. Installation, modification, or repair of radars at existing facilities that conform to the 

current American National Standards Institute/Institute of Electrical and Electronics 

Engineers (ANSI/IEEE) guidelines for maximum permissible exposures to 

electromagnetic fields and do not significantly change the impact on the environment of 

the facility. (All)

d. Federal financial assistance, Airport Layout Plan (ALP) approval, or FAA installation 

of de-icing/anti-icing facilities that comply with National Pollutant Discharge 

Elimination System (NPDES) permits or other permits protecting the quality of receiving 

waters, and for which related water detention or retention facilities are designed not to 

attract wildlife hazardous to aviation, as defined in FAA Advisory Circular 150/5200-33, 

Hazardous Wildlife Attractants on or Near Airports. (ATO, ARP)

e. Federal financial assistance, licensing, or Airport Layout Plan (ALP) approval for the 

following actions, provided the action would not result in significant erosion or 

sedimentation, and will not result in a significant noise increase over noise-sensitive areas 

or result in significant impacts on air quality.

 Construction, repair, reconstruction, resurfacing, extending, strengthening, or 

widening of a taxiway, apron, loading ramp, or runway safety area (RSA), 

including an RSA using Engineered Material Arresting System (EMAS); or 

 Reconstruction, resurfacing, extending, strengthening, or widening of an existing 

runway.

This CATEX includes marking, grooving, fillets and jet blast facilities associated with 

any of the above facilities. (ARP, AST)

f. Federal financial assistance, licensing, Airport Layout Plan (ALP) approval, or FAA 

construction or limited expansion of accessory on-site structures, including storage 

buildings, garages, hangars, t-hangars, small parking areas, signs, fences, and other 

essentially similar minor development items. (ATO, ARP, AST) 

g. Construction of Remote Transmitter/Receiver (RT/R), or other essentially similar 

facilities and equipment, to supplement existing communications channels installed in the 

Airport Traffic Control Tower (ATCT) or Flight Service Station (FSS). (ATO)

h. Federal financial assistance, licensing, or Airport Layout Plan (ALP) approval for 

construction or expansion of facilities—such as terminal passenger handling and parking 

facilities or cargo buildings, or facilities for non-aeronautical uses at existing airports and 

commercial space launch sites—that do not substantially expand those facilities (see 

FAA’s presumed to conform list (72 Federal Register 41565 (July 30, 2007))). (All)

i. Demolition and removal of FAA buildings and structures, or financial assistance for or 

approval of an Airport Layout Plan (ALP) for the demolition or removal of non-FAA 

owned, on-airport buildings and structures, provided no hazardous substances or 

contaminated equipment is present on the site of the existing facility. This CATEX does 

not apply to buildings and structures of historic, archaeological, or architectural 
07/25/13 Draft Order 1050.1F

5-11

significance as officially designated by Federal, state, or local government. (ATO, AST, 

ARP) 

j. Removal or extension of water, sewage, electrical, gas, or other utilities of temporary

duration to serve construction. (ATO, AST)

k. Placing earthen fill into previously excavated land with material compatible with the 

natural features of the site, provided the land is not delineated as a wetland; or minor 

dredging or filling of wetlands or navigable waters for any categorically excluded action, 

provided the fill is of material compatible with the natural features of the site, and the 

dredging and filling qualifies for an U.S. Army Corps of Engineers nationwide or a 

regional general permit. (ATO, AST, ARP) 

l. Federal financial assistance for, licensing or approval of the grading of land, the 

removal of obstructions to air navigation, or erosion control measures, provided those 

activities occur on and only affect airport property, a commercial space launch site, or 

FAA-owned or leased property. (ATO, ARP, AST) 

m. Lease of space in buildings or towers. (ATO, AST)

n. Minor expansion of facilities, including the addition of equipment such as 

telecommunications equipment, on an existing facility where no additional land is 

required, or when expansion is due to remodeling of space in current quarters or existing 

buildings. Additions may include antennas, concrete pad, and minor trenching for cable. 

(ATO, AST)

o. Minor trenching and backfilling where the surface is restored and the excavated 

material is protected against erosion and run-off during the construction period. (ATO, 

ARP, AST)

p. New gardening, landscaping, and/or maintenance of existing landscaping that does not 

cause or promote the introduction or spread of invasive species that would harm the 

native ecosystem; use of landscape practices that reflect recommendations provided in 

Guidance for Presidential Memorandum on Environmentally and Economically 

Beneficial Landscape Practices on Federal Landscaped Grounds, 60 Federal Register

40837 (August 10, 1995); and that do not attract wildlife that is hazardous to aviation. 

(ATO, ARP, AST)

q. Construction and installation, on airports or commercial space launch sites, of noise 

abatement measures, such as noise barriers to diminish aircraft and commercial space 

launch vehicle engine exhaust blast or noise, and installation of noise control materials. 

(All)

r. Purchase, lease, or acquisition of three acres or less of land with associated easements 

and rights-of-way for new facilities. (ATO)

s. Repairs and resurfacing of existing access to remote facilities and equipment such as 

Air Route Surveillance Radar (ARSR), Remote Center Air/Ground Communications 

Facility (RCAG), Remote Communications Outlet (RCO), and VHF Omnidirectional 

Range (VOR) with Ultra-High Frequency Tactical Air Navigation Aid (VORTAC). 

(ATO) 
07/25/13 Draft Order 1050.1F

5-12

t. Federal financial assistance for, or Airport Layout Plan (ALP) approval of, a new 

heliport on an existing airport or commercial space launch site that would not 

significantly increase noise over noise sensitive areas. (ARP, AST)

u. Approval of an Airport Layout Plan (ALP) for installation of on-airport, aboveground 

storage tanks or underground storage tanks (USTs) or installation, repair, or replacement 

of USTs and aboveground storage tanks at FAA facilities. These actions must comply

with FAA Order 1050.15, Fuel Storage Tanks at FAA Facilities, and EPA regulations, 40 

CFR parts 112, 280, and 281, as applicable. This CATEX includes the closure and 

removal of a fuel storage tank, and remediation of contaminants resulting from a fuel 

storage tank at an FAA facility or on an airport, provided those actions occur in 

accordance with the order and the regulations noted above. The establishment of bulk 

fuel storage and associated distribution systems is not within the scope of this CATEX. 

Those actions are subject to Paragraph 3-1.2.b.(5) of this Order. (ATO, ARP)

v. Replacement or reconstruction of a terminal, structure, or facility with a new one of 

similar size and purpose, where location will be on the same site as the existing building 

or facility. (ATO, ARP, AST)

w. Repair and maintenance of existing roads, rights-of-way, trails, grounds, parking 

areas, and utilities, including, for example, snow removal, vegetation control, and erosion 

control work. (All)

x. Routine facility decommissioning, exclusive of disposal. (ATO, AST)

y. Takeover of non-Federal facilities by the FAA. (ATO) 

z. Federal financial assistance, licensing, Airport Layout Plan (ALP) approval, or FAA 

action related to topping or trimming trees to meet 14 CFR part 77, Safe, Efficient Use, 

and Preservation of the Navigable Airspace, standards for removing obstructions which 

can adversely affect navigable airspace. (All)

aa. Upgrading of building electrical systems or maintenance of existing facilities, such as 

painting, replacement of siding, roof rehabilitation, resurfacing, or reconstruction of 

paved areas, and replacement of underground facilities. (ATO, AST)

bb. Airport Layout Plan (ALP) approval and/or Federal financial assistance for actions 

related to a fee-simple purchase of land or the purchase of an avigation easement to 

establish a runway protection zone (RPZ) or for other aeronautical purposes provided 

there is no land disturbance and does not require extensive business or residential 

relocations. (ARP)

cc. Approval of an Airport Layout Plan (ALP) and/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. (ARP)

dd. FAA construction, reconstruction, or relocation of a non-Radar, Level 1 airport

traffic control tower (a tower that does not use radar) at an existing visual flight rule 

airport, or FAA approval of an Airport Layout Plan (ALP) and/or Federal funding to do 

so, 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 
07/25/13 Draft Order 1050.1F

5-13

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. (ARP, ATO)

ee. Environmental investigation of hazardous waste or hazardous substance 

contamination on previously developed airport or FAA-owned, leased, or operated sites 

including temporary activities such as minor excavation, soil test borings, and installation 

of groundwater testing and monitoring wells, piezometers and other groundwater well 

monitoring devices impacting approximately one acre in aggregate surface area. The 

work plan or Sampling and Analysis Plan (SAP) for the project must integrate 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. (ATO, ARP)

ff. Remediation of hazardous wastes or hazardous substances impacting approximately

one acre or less in aggregate surface area, including siting, site preparation, construction, 

equipment repair or replacement, operation and maintenance, monitoring, and removal of 

remediation-related equipment and facilities, on previously developed FAA-owned, 

leased, or operated sites. 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. Examples of covered activities include:

 Minor excavation for removal of contaminated soil or containers (drums, boxes, or 

other articles); and

 Installation, operation and maintenance, and removal of in-situ remediation 

systems and appurtenances, including groundwater wells for treatment and 

monitoring of soil and water contamination. (ATO)

5-6.5. Categorical Exclusions for Procedural Actions. This category includes the list of 

CATEXs for FAA actions involving establishment, modification, or application of airspace 

and air traffic procedures. An action included within this list of categorically excluded 

actions is not automatically exempted from environmental review under NEPA. The 

responsible FAA official must also review Paragraph 5-2, Extraordinary Circumstances, 

before finalizing a decision to categorically exclude a proposed action. 

a. Rulemaking actions that designate or modify classes of airspace areas, airways, routes, 

and reporting points (see 14 CFR part 71, Designation of Class A, B, C, D, and E 

Airspace Areas; Air Traffic Service Routes; and Reporting Points). (ATO)

b. Actions regarding establishment of jet routes and Federal airways (see 14 CFR 

§ 71.15, Designation of jet routes and VOR Federal airways); operation of civil aircraft 
07/25/13 Draft Order 1050.1F

5-14

in a defense area, or to, within, or out of the United States through a designated Air 

Defense Identification Zone (ADIZ) (14 CFR part 99, Security Control of Air Traffic); 

authorizations for operation of moored balloons, moored kites, amateur rockets, and 

unmanned free balloons (see 14 CFR part 101, Moored Balloons, Kites, Amateur Rockets 

and Unmanned Free Balloons); and, authorizations of parachute jumping and inspection 

of parachute equipment (see 14 CFR part 105, Parachute Operations). (ATO)

c. Actions to return all or part of special use airspace (SUA) to the National Airspace 

System (NAS), such as revocation of airspace, a decrease in dimensions, or a reduction in 

times of use (e.g., from continuous to intermittent, or use by a Notice to Airmen 

(NOTAM)). (ATO)

d. Modification of the technical description of special use airspace (SUA) that does not 

alter the dimensions, altitudes, or times of designation of the airspace (such as changes in 

designation of the controlling or using agency, or correction of typographical errors). 

(ATO)

e. Designation of controlled firing areas. (ATO)

f. Actions to increase the altitude of special use airspace. (ATO)

g. Establishment of Global Positioning System (GPS), Flight Management System

(FMS), Area Navigation/Required Navigation Performance (RNAV/RNP), or essentially

similar systems that use overlay of existing flight tracks. For these types of actions, the 

Noise Integrated Routing System (NIRS) Noise Screening Tool (NST) or other FAAapproved environmental screening methodology should be applied. (ATO, AVS)

h. Establishment or modification of helicopter routes that channel helicopter activity

over major thoroughfares. (ATO, AVS)

i. Establishment of new or revised air traffic control procedures conducted at 3,000 feet 

or more above ground level (AGL); procedures conducted below 3,000 feet AGL that do 

not cause traffic to be routinely routed over noise sensitive areas; modifications to 

currently approved procedures conducted below 3,000 feet AGL that do not significantly 

increase noise over noise sensitive areas; and increases in minimum altitudes and landing 

minima. For modifications to air traffic procedures at or above 3,000 feet AGL, the 

Noise Screening Tool (NST) or other FAA-approved environmental screening 

methodology should be applied. (ATO, AVS)

j. Implementation of procedures to respond to emergency air or ground safety needs, 

accidents, or natural events with no reasonably foreseeable long-term adverse effects. 

(ATO)

k. Publication of existing air traffic control procedures that do not essentially change 

existing tracks, create new tracks, change altitude, or change concentration of aircraft on 

these tracks. (ATO, AVS) 

l. Federal financial assistance and/or Airport Layout Plan (ALP) approval or other FAA 

action to establish or remove a displaced threshold on an existing runway, provided the 

action does not require establishing or relocating an approach light system that is not on 

airport property (see Paragraph 3-1.2.b(9)) or an instrument landing system (see 
07/25/13 Draft Order 1050.1F

5-15

Paragraph 3-1.2.b(8)). This CATEX does not apply to displaced thresholds that require 

runway extensions. (ARP)

m. Short-term changes in air traffic control procedures, not to exceed six months, 

conducted under 3,000 feet above ground level (AGL) to accommodate airport 

construction. (ARP, ATO)

n. Tests of air traffic departure or arrival procedures conducted under 3,000 feet above 

ground level (AGL), provided that: (1) the duration of the test does not exceed six 

months; (2) the test is requested by an airport or launch operator in response to mitigating 

noise concerns, or initiated by the FAA for safety or efficiency of proposed procedures; 

and (3) the test data collected will be used to assess the operational and noise impacts of 

the test. (ATO)

o. Procedural actions requested by users on a test basis to determine the effectiveness of 

new technology and/or possible impacts to the environment. (ATO)

p. Establishment of new procedures that routinely route aircraft over non-noise sensitive 

areas. (ATO, AVS)

q. 3The following actions taken in accordance with section 213 of the FAA 

Modernization and Reform Act of 2012, irrespective of the altitude of such procedures, 

unless there is a determination that extraordinary circumstances exist:

(1) Area Navigation/Required Navigation Performance (RNAV/RNP) procedures 

proposed for core airports and any medium or small hub airports located within the 

same metroplex area considered appropriate by the Administrator; and

(2) RNP procedures proposed at 35 non-core airports selected by the Administrator. 

(ATO)

r. 4Any navigation performance or other performance based navigation procedure 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. This CATEX may be used irrespective of the altitude of such procedures. 

(ATO)

5-6.6. Categorical Exclusions for Regulatory Actions. This category includes the list of 

CATEXs for FAA actions involving compliance with, or exemptions to, regulatory programs 

or requirements. An action included within this list of categorically excluded actions is not 

automatically exempted from environmental review under NEPA. The responsible FAA 

official must also review Paragraph 5-2, Extraordinary Circumstances, before finalizing a 

decision to categorically exclude a proposed action. 

a. All FAA actions to ensure compliance with Environmental Protection Agency aircraft 

emissions standards. (AEE)

 

3 This is a legislative CATEX established in section 213(c) of the FAA Modernization and Reform Act of 2012.

4

Id.
07/25/13 Draft Order 1050.1F

5-16

b. Authorizations and waivers for infrequent5or one-time actions, such as an air show or 

aviation-related exposition (to include an aerobatic practice area containing one aerobatic 

practice box or aerobatic contest box) or parachuting or skydiving events, that may result 

in some temporary impacts that revert back to original conditions upon action 

completion. (ATO, AVS)

c. Denials of routine petitions for: (1) exemption; (2) reconsideration of a denial of 

exemption; (3) rulemaking; (4) reconsideration of a denial of a petition for rulemaking; 

and (5) exemptions to technical standard orders (TSOs). (AEE, AVS, AST, ATO) 

d. Issuance of regulatory documents (e.g., Notices of Proposed Rulemaking and issuance 

of Final Rules) covering administrative or procedural requirements. (Does not include air 

traffic procedures; specific air traffic procedures that are categorically excluded as

identified under Paragraph 5-6.5 of this Order). (All)

e. Issuance of special flight authorizations controlled by operating limitations, specified 

in the following: 14 CFR § 21.199, Issue of Special Flight Permits; 14 CFR § 91.319, 

Aircraft Having Experimental Certificates: Operating Limitations; 14 CFR § 91.611, 

Authorization for Ferry Flight with One Engine Inoperative; and 14 CFR § 91.859, 

Modification to Meet Stage 3 or Stage 4 Noise Levels. (ATO, AVS, AEE)

f. Regulations, standards, and exemptions (excluding those that if implemented may

cause a significant impact on the human environment). (All)

5-7. -5-50. Reserved

 

5

For low-weight pistons, mid-weight pistons, high-weight pistons and high weight radials, “infrequent” is defined 

as 18,000 or fewer annual operations. For aircraft that are categorized as mid-power jets and high-power radials 

(“warbirds”), “infrequent” is defined as 1,800 or fewer annual operations. Finally, for high-power jets, “infrequent” 

is defined as 300 or fewer annual operations. In circumstance in which an aerobatic practice box or the aerobatic 

contest box will be used by more than one aircraft group (i.e., mixed use) please see in the FAA Order 1050.1 

Guidance Memo titled, “Clarification of FAA Order 1050.1 CATEX 312b for Aerobatic Actions”, available at 

http://www.faa.gov/about/office_org/headquarters_offices/apl/environ_policy_guidance/guidance/media/Catex312b_Aerobatic_Actions.pdf. 
07/25/13 Draft Order 1050.1F

6-1

Chapter 6: Environmental Assessments and Findings of

No Significant Impact

6-1. General. 

a. LOB/SOs must prepare concise EA documents with a level of analysis sufficient to:

(1) understand the purpose and need for the proposed action, identify reasonable 

alternatives, including a no action alternative, and assess the proposed action’s 

potential environmental impacts.

(2) determine if an EIS is needed because the proposed action’s potential 

environmental impacts will be significant.

(3) determine if a FONSI can be issued because the proposed action will have no 

significant impacts.

(4) determine if the responsible FAA official should recommend to the approving 

FAA official issuance of a FONSI based on: (1) an applicant’s proposed mitigation 

to avoid the proposed action’s significant impacts; or (2) mitigation the FAA requires 

to reduce potential impacts below applicable significance thresholds.

(5) identify and satisfy applicable environmental laws, regulations, and orders in an 

efficient manner. Although the NEPA process does not preclude separate compliance 

with these other requirements, the responsible FAA official should integrate 

applicable environmental review, consultation, and public involvement requirements

under other laws, regulations and orders into its NEPA planning and documentation 

to reduce paperwork and delay, in accordance with 40 CFR §§ 1500.4(k) and 

1500.5(g), CEQ Regulations.

(6) identify any permits, licenses, other approvals, or reviews that apply to the 

proposed action.

b. FAA LOB/SOs are encouraged to build upon prior, programmatic, or other EAs or 

EISs to the extent data in those documents remains valid, and to incorporate FAA 

experience in the EA process. Whenever a broad document has been prepared (such as a 

programmatic EA or EIS), the responsible FAA official may use the tiering process to 

prepare subsequent EAs for actions covered by the programmatic EA or EIS (such as 

site-specific actions). Through the tiering process, the subsequent EA may summarize 

the impacts analyzed in the broader document, incorporate discussions from the broader 

document by reference, and focus on the issues specific to the subsequent action (see 

40 CFR §§ 1502.20 and 1508.28, CEQ Regulations). The purpose of tiering is to 

eliminate repetition and facilitate the analysis of issues at the appropriate level of detail. 

Tiered and programmatic EAs are prepared, circulated, and filed using the same 

procedures for EAs (see Paragraph 3-2 for more information on programmatic and tiered 

NEPA documents).

6-2. Preparing Environmental Assessments.

6-2.1. Environmental Assessment Format. An EA must contain the following: 

a. Cover Page. This page, labeled “Environmental Assessment,” identifies the proposed 

action and its geographic location. When an applicant or contractor for an applicant 
07/25/13 Draft Order 1050.1F

6-2

prepares EAs, the following notification must be located at the bottom: “This 

Environmental Assessment becomes a Federal document when evaluated, signed and 

dated by the responsible FAA official.”

b. Proposed Action. This discussion describes the proposed action with sufficient detail 

in terms that are understandable to individuals who are not familiar with aviation or 

commercial aerospace activities. 

c. Purpose and Need. This discussion briefly describes the need (i.e., the problem being 

addressed) and the purpose (i.e., the proposed solution to the problem) of the proposed 

action, and the proposed timeframe for implementing the action. The purpose and need 

for the proposed action must be clearly explained and stated in terms that are 

understandable to individuals who are not familiar with aviation or commercial aerospace 

activities. To provide context while keeping this section of the EA brief, the FAA may

incorporate by reference any supporting data, inventories, assessments, analyses, or 

studies. 

d. Alternatives (Including the Proposed Action). The alternatives discussed in an EA 

must include those that the approving official will consider. There is no requirement for 

a specific number of alternatives or a specific range of alternatives to be included in an 

EA. An EA may limit the range of alternatives to the proposed action and no action 

when there are no unresolved conflicts concerning alternative uses of available resources. 

Alternatives are to be considered to the degree commensurate with the nature of the 

proposed action and agency experience with the environmental issues involved. 

Generally, the greater the degree of impacts, the wider the range of alternatives that 

should be considered. The preferred alternative, if one has been identified, should be 

indicated. For alternatives considered but eliminated from further study, the EA should 

briefly explain why these were eliminated. For more information on alternatives, see 

Paragraph 7-1.1.e.

e. Affected Environment. This section succinctly describes the existing environmental 

conditions of the potentially affected geographic area or areas. The discussion of the 

affected environment will be no longer than is necessary to understand the effects of the 

alternatives; data and analyses should be presented in detail commensurate with the 

importance of the impact. The FAA may incorporate by reference background data to 

support the analysis (for more guidance on incorporation by reference, see Paragraph 7-

1.c). For more information on data that may be relevant to the affected environment, see 

Paragraph 7-1.1.f. 

f. Environmental Consequences. The EA must discuss, in comparative form, the 

reasonably foreseeable environmental consequences of the proposed action, the no action 

alternative, and any other alternatives being considered in detail. The discussion of 

environmental impacts must focus on substantive issues and provide sufficient evidence 

and analysis for determining whether to prepare an EIS or a FONSI (see 40 CFR § 

1508.9(a)(1), CEQ Regulations). This section must include analysis necessary to address 

the significance factors in Paragraph 4-3 and 40 CFR § 1508.27, CEQ Regulations. The 

focus of this analysis is on resources that would be directly, indirectly, and cumulatively

affected by the proposed action. The analysis should include consideration of possible 

conflicts between the proposed action and the objectives of Federal, regional, state, tribal, 
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6-3

and local land use plans, policies, and controls for the area concerned, as well as any 

other unresolved conflicts concerning alternative uses of available resources. To avoid 

excessive length, the effects section may incorporate by reference background data to 

support its effects analysis (for more guidance on incorporation by reference, see 

Paragraph 7-1.c).

The EA should include the information required to demonstrate compliance with other 

applicable requirements and should identify any permits, licenses, other approvals, or 

reviews that apply to the proposed action. To reduce paperwork and delay, and to ensure

that the necessary approvals and permits will be issued with or immediately following 

issuance of the EA and FONSI, the responsible FAA official should: (1) coordinate 

timeframes for review with the oversight agency; (2) identify with the oversight agency

the information needed for its review; and (3) integrate these into the EA process. For 

more information on environmental consequences, see Paragraph 7-1.1.g.

g. List of Preparers. The EA must include a list of the names and qualifications of 

personnel who prepared the EA. Contractors will be identified as having assisted in, or 

having prepared, the EA.

h. List of Agencies and Persons Consulted. The EA must include a list of agencies and 

persons consulted.

i. Appendices (if any). The EA may include the following appendices, if applicable:

(1) Any documentation that supports statements and conclusions in the body of the 

EA, including methodologies and references used. Proper citations to reference 

materials should be provided.

(2) Evidence of coordination or required consultation with affected Federal, state, 

tribal, and local officials and copies or a summary of their comments or 

recommendations and the responses to such comments and recommendations.

(3) A summary of public involvement, including evidence of the opportunity for a 

public hearing, if required under applicable Federal laws (e.g., the Airport and 

Airway Improvement Act of 1982, 49 U.S.C. § 47106(c)), regulations, and orders, 

and a summary of issues raised at any public hearing or public meeting as well as 

responses to substantive comments.

6-2.2. Environmental Assessment Process. The following Environmental Assessment

process is described in flowchart form in Exhibit E-2 of Appendix E.

a. The FAA or applicant (if the FAA has requested that the applicant prepare the EA) 

formulates the proposed action and reasonable alternatives to achieve the project’s 

purpose and need. The FAA or applicant then gathers data and begins the analysis. If the

FAA determines that the proposed action would significantly affect the human 

environment as the analysis proceeds, the FAA can make a decision to prepare an EIS 

without first completing the EA.

b. The FAA or applicant determines issues and alternatives to be addressed and 

coordinates or consults with other agencies. Consultation includes contacting appropriate 

Federal, state, tribal, and local officials to obtain information concerning potential 

environmental impacts and maintaining contact with these parties for the remainder of the 
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6-4

NEPA process. The FAA or applicant should involve the public, to the extent 

practicable, in preparing EAs (see 40 CFR § 1501.4(b), CEQ Regulations). Scoping, as 

described in 40 CFR § 1501.7, CEQ Regulations, is not required for an EA but is 

optional. Scoping can be particularly useful when an EA deals with uncertainty or 

controversy regarding potential conflicts over the use of resources or the environmental 

effects of the proposed actions. The scoping process can provide a transparent way to 

identify environmental issues, focusing the analysis on the most pertinent issues and 

impacts.

c. The FAA or applicant analyzes potential impacts and prepares the EA. The EA must 

present a detailed analysis, to the satisfaction of the responsible FAA official, 

commensurate with the level of impact of the proposed action and alternatives, to 

determine whether any impacts will be significant. If the FAA has experience that 

includes monitoring of the implementation of actions similar to the proposed action and 

alternatives, the monitoring information may provide useful information for an 

assessment of the potential environmental impacts. EMS data collection, tracking, and 

analysis may also be useful in the preparation of NEPA documentation, including 

providing input to the affected environment, assessment of potential impacts, and 

consideration of appropriate mitigation measures. The EA must also include a discussion 

of any connected or similar actions (see 40 CFR §§ 1508. 25(a)(1), 1508.25 (3), and 

1508.27(b)(7), CEQ Regulations). If the proposed action and alternative(s) would not 

cause significant impacts within specific categories of environmental impacts, a brief 

description of the factual basis for this conclusion with respect to each applicable impact 

category is sufficient. 

d. Internal review of the EA is conducted by potentially affected LOB/SOs having an 

interest in the proposed action to ensure that all FAA concerns have been addressed (see 

Paragraph 10-2 for more information on Review and Approval of EAs and FONSIs and 

FONSI/RODs).

e. Circulation of a draft EA for public comment, as described in 40 CFR § 1502.19, CEQ 

Regulations, is not required, but is optional at the discretion of the responsible FAA 

official. If a draft EA is circulated, the responsible FAA official, or applicant as directed 

by the FAA, must circulate the draft EA to interested agencies and parties, including any 

who submitted comments on the proposed action. There is no set time limit on public 

comment periods for EAs; however, they are normally 30-45 days. Public meetings or 

hearings are not required for EAs, but may be considered in some situations (see 

Paragraph 2-5). Applicants who prepare an EA may not circulate a draft EA until the 

FAA has reviewed the document and notified the applicant that the FAA is satisfied with 

the draft. The FAA or applicant must publish a notice of the EA’s availability in local 

newspapers, other media, and/or on the Internet. This notice must include the following 

statement: 

Before including your address, phone number, e-mail address, or other personal identifying 

information in your comment, be advised that your entire comment –including your personal 

identifying information –may be made publicly available at any time. While you can ask us in 

your comment to withhold from public review your personal identifying information, we cannot 

guarantee that we will be able to do so.
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6-5

The FAA or applicant must then revise the draft EA, as necessary, in response to internal 

and external comments received on the draft document, and prepare the final EA. 

Although the FAA is not required to formally respond to public comments concerning 

EAs, EAs should reflect the FAA’s consideration of such comments. 

f. When an action involves resources protected by special purpose laws and requirements 

or administrative directives, EAs should be coordinated, as appropriate, with agencies 

outside the FAA. Agencies with special expertise may also be consulted. Special 

purpose laws may require opportunities for public involvement.

g. Upon review of the final EA, public comments, and applicable interagency and 

intergovernmental consultation (see Paragraph 2-4.3, Intergovernmental and Interagency

Coordination), the responsible FAA official determines whether any environmental 

impacts analyzed in the EA are significant. 

h. If, based on the EA, the responsible FAA official concludes that the proposed action 

would not result in significant impacts to the human environment, the responsible FAA 

official will prepare a FONSI for the signature of the approving official (see Paragraph 

6-3, Finding of No Significant Impact). A FONSI may also be prepared if the 

responsible FAA official determines that mitigation will reduce impacts below significant 

levels (see Paragraph 6-2.3.a for more information on “mitigated” FONSIs).

i. If, based on the EA, the responsible FAA official concludes that the proposed action 

would significantly affect the human environment, and mitigation would not reduce the 

potential impact(s) below significant levels, the responsible FAA official must publish a 

Notice of Intent (NOI) to prepare an EIS in the Federal Register and begin the EIS 

process (see Paragraph 7-1.2, Environmental Impact Statement Process). 

6-2.3. Mitigation Considerations for Environmental Assessments. An EA may include 

discussion of reasonable mitigation measures. If mitigation is discussed in an EA, the 

discussion must be in sufficient detail to describe the effects of the mitigation. EMS data 

collection, tracking, and analysis may be useful in the consideration of appropriate mitigation

measures. An EMS may also be useful for tracking and monitoring mitigation commitments. 

Environmental consequences resulting from mitigation should be considered in the EA and 

FONSI, when applicable. Mitigation and other conditions established in the EA and FONSI, 

or during their review, and included as a condition of the project approval or licensing, must 

be implemented and/or monitored by the FAA or other entity responsible for implementing 

and/or monitoring mitigation (see Paragraph 4-4.d regarding mitigation monitoring).

6

 

Proposed changes in, or deletion of, a mitigation measure that was included as a condition of 

approval of the FONSI must be reviewed by the same FAA LOB/SO that reviewed the 

original FONSI and must be approved and signed by the approving official. If the 

responsible FAA official determines that changes in mitigation would result in significant 

impacts and the FAA wants to pursue these changes, the responsible FAA official must 

 

6 CEQ issued a guidance memorandum on mitigation entitled Appropriate Use of Mitigation and Monitoring and 

Clarifying the Appropriate Use of Mitigated Findings of No Significant Impact, 76 Federal Register 3843 (January 

21, 2011). The salient points of the CEQ guidance have been incorporated in this Order.
07/25/13 Draft Order 1050.1F

6-6

initiate the EIS process by issuing an NOI to prepare an EIS unless actions can be taken to 

reduce the impact(s) below the level of significance.

a. Mitigated FONSIs. If the responsible FAA official determines that mitigation 

measures can reduce potentially significant adverse impacts below the level of 

significance, these mitigation measures can be used to support a FONSI, provided that:

(1) The agency took a “hard look” at the problem;

(2) The agency identified the relevant areas of environmental concern;

(3) The EA supports the agency’s determination that the potential impacts will be

insignificant; and

(4) The agency has identified mitigation measures that will be sufficient to reduce

potential impacts below applicable significance thresholds and has ensured 

commitments to implement these measures. 

Mitigation that is used to support a mitigated FONSI must be included as a condition of 

project approval (see Paragraph 4-4, Mitigation). In these cases, if the FAA’s decision to 

act is not otherwise evidenced by a final decision document such as a rule, license, or 

approval, the responsible FAA official must use a FONSI/ROD to document the decision 

(see Paragraph 6-4, Decision Documents for Findings of No Significant Impact). The 

FONSI/ROD or other decision document must identify those mitigation measures the 

FAA is adopting and identify any monitoring and enforcement program applicable to 

such measures (see Paragraph 4-4.d, Mitigation). If the responsible FAA official 

determines that there has been a failure to implement a mitigation measure, or that 

implemented mitigation is failing to mitigate environmental effects as predicted, and as a 

result a significant impact may occur, the responsible FAA official must initiate the EIS 

process by issuing a NOI to prepare an EIS if there remains discretionary FAA action to 

be taken related to the project. 

6-3. Finding of No Significant Impact.

a. Purpose. The purpose of a FONSI is to document the FAA determination that a 

proposed action does not have the potential for significant environmental impacts. If 

none of the potential impacts assessed in the EA are determined to be significant, the 

responsible FAA official prepares a FONSI, which briefly presents, in writing, the 

reasons why an action, not otherwise categorically excluded, would not have a significant 

impact on the human environment. The FONSI documents the basis for the FAA’s 

determination that the proposed action would not have significant environmental impacts. 

It does not represent the FAA’s decision to implement the proposed action.

b. Content. There is no specified format for FONSIs. The FONSI may be attached to an 

EA, or the EA and FONSI may be combined into a single document. If the FONSI is 

attached or combined with the EA, it need not repeat the discussion in the EA. If the 

FONSI is not attached or combined with the EA, the FONSI must include a summary of 

the EA and note any other environmental documents related to it. The FONSI must:

(1) briefly describe the proposed action, the purpose and need, and the alternatives 

considered (including the no action alternative); and assess and document all relevant 
07/25/13 Draft Order 1050.1F

6-7

matters necessary to support the conclusion that the proposed action would not 

significantly affect the quality of the human environment.

(2) determine the proposed action’s consistency or inconsistency with community

planning, and document the basis for the determination. 

(3) present any mitigation measures that are a condition of project approval. The 

FONSI should also reflect coordination of mitigation commitments (including any 

applicable monitoring program) with, and consent and commitment from, those

entities with the authority to implement specific mitigation measures committed to in 

the FONSI.

(4) reflect compliance with all applicable environmental requirements, including 

interagency and intergovernmental coordination and consultation, public 

involvement, and documentation requirements. Findings and determinations required 

under special purpose laws and requirements, regulations, and orders, if not made in 

the EA, must be included in the FONSI. 

c. Adoption. If the FONSI is prepared following adoption of all or part of another 

agency’s NEPA document, the FONSI must identify the part(s) of the document being 

adopted and include documentation of the FAA’s independent evaluation of the 

document. 

d. Public Availability and Review. The responsible FAA official will make FONSIs and 

associated EAs available to interested or affected persons or agencies (see 40 CFR 

§ 1506.6(b), CEQ Regulations). Methods of providing notice of the availability of a 

FONSI, such as publication in a local newspaper or notice through local media, are also 

described in 40 CFR § 1506.6(b), CEQ Regulations. The notice will indicate locations 

where the FONSI and its associated EA are available. The responsible FAA official will 

provide copies of FONSIs and associated EAs on request, free of charge or at a fee 

commensurate with the cost of reproduction.

(1) In limited circumstances that are identified below, the responsible FAA official 

will make the EA and FONSI available for public review for 30 days before the final 

determination is made whether or not to prepare an EIS and before the action may

begin (see 40 CFR § 1501.4(e)(2), CEQ Regulations). The 30-day public review 

period may run concurrently with any other Federal review. These circumstances are: 

(a) The proposed action is, or is closely similar to, one normally requiring the 

preparation of an EIS; or

(b) The nature of the proposed action is one without precedent.

(2) Certain special purpose environmental laws and requirements, regulations, or 

Executive Orders require public notice of specific findings or determinations, apart 

from the FONSI made under NEPA. Examples include the following: section 2(a)(4) 

of Executive Order 11988, Floodplain Management, 42 Federal Register 26951 (May 

24, 1977); section 2(b) of Executive Order 11990, Protection of Wetlands, 42 Federal 

Register 26961 (May 24, 1977); Section 7 of the Endangered Species Act, 16 U.S.C. 

§ 1536; and Section 106 of the National Historic Preservation Act, 16 U.S.C. § 470f.
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6-8

e. Approval. All FONSIs must include the following approval statement:

After careful and thorough consideration of the facts contained herein, the undersigned finds 

that the proposed Federal action is consistent with existing national environmental policies 

and objectives as set forth in section 101 of NEPA and other applicable environmental 

requirements and will not significantly affect the quality of the human environment or 

otherwise include any condition requiring consultation pursuant to section 102(2)(C) of 

NEPA.

APPROVED:____________________________ DATE:_______________

Following preparation of the FONSI, the approving official, who may also be the 

responsible FAA official, reviews and signs the FONSI (see Paragraph 10-2 for more 

information on Review and Approval of EAs and FONSIs). Issuance of a FONSI 

signifies that the FAA will not prepare an EIS and has completed the NEPA process for 

the proposed action. Following the approval of a FONSI, the FAA decisionmaker may

decide whether to take or approve the proposed action. Mitigation measures that were 

made as a condition of approval of the FONSI must be incorporated in the decision to 

implement the action. 

f. Distribution. A copy of the FONSI and EA must be sent to reviewing agencies and 

organizations or individuals who made substantive comments or specifically requested 

copies. When a project involves a resource protected under a special purpose law or 

requirement, or administrative directive (see Paragraph 6-2.2.f), the responsible FAA 

official should send a signed copy of the FONSI and the EA supporting it to the 

agency(ies) with whom FAA consulted to comply with the applicable law or directive 

and to any party requesting copies of those documents.

6-4. Decision Documents for Findings of No Significant Impact.

a. FONSI/RODs. If the FAA decides to proceed with the proposed Federal action, then 

the decision may be documented in a formal decision document called a ROD, which can 

be combined with the FONSI (otherwise known as a FONSI/ROD) or prepared 

separately. A ROD is optional for a FONSI at the discretion of the responsible FAA 

official because the FAA’s decision to act may be evidenced by other documents such as 

rules, licenses, or approvals. The responsible FAA official should prepare a FONSI/ROD 

or separate ROD for:

(1) actions that have been redefined to include mitigation measures necessary to 

reduce potentially significant impacts below significant levels (see Paragraph 6-2.3.a, 

Mitigated FONSIs);

(2) actions that are highly controversial;

(3) actions that are, or are closely similar to, those normally addressed in an EIS (see 

Paragraph 6-3.d.(1)(a); or

(4) actions that have no precedent (see Paragraph 6-3.d.(1)(b)).

In cases of doubt, the responsible FAA official should consult AGC-600 or Regional 

Counsel.
07/25/13 Draft Order 1050.1F

6-9

b. FONSI/ROD Format. The FAA FONSI/ROD or separate ROD has the same general 

content and format as a ROD that would be prepared following an EIS, as described in 

Paragraphs 7-2.1 and 7-2.2, while also describing the FAA’s FONSI and its required 

contents. It also includes a paragraph that identifies the document as a decision or order 

that is, in most cases, subject to exclusive judicial review in the U.S. Courts of Appeals. 

The FONSI and other findings must be supported by documentation in the project file.

6-5. -6-50. Reserved.
07/25/13 Draft Order 1050.1F

7-1

Chapter 7: Environmental Impact Statements and Records of Decision

7-1. Preparation of Environmental Impact Statements. 

a. LOB/SOs must prepare an EIS when one or more environmental impacts of a 

proposed action would be significant and mitigation measures would not reduce the

impact(s) below significant levels. Direct, indirect, and cumulative impacts must be 

considered when determining significance (see Paragraph 4-2.d for more information on 

direct, indirect, and cumulative impacts).

Although the FAA may use an EA as the basis to prepare an EIS when potentially

significant impacts are likely to occur but cannot be mitigated, an EIS is generally 

prepared without a previous EA. If an EA has been prepared, the analysis and 

documentation in the EA should be used to the maximum extent practicable in the EIS 

and is likely to be sufficient to describe the impacts that are not significant. The EIS 

should focus in detail on those impacts that are significant. The depth of analysis and 

documentation will be in direct proportion to the significance of the impacts.

b. When preparing EISs, FAA LOB/SOs are encouraged to build upon prior 

programmatic or other EISs to the extent data in those documents remains valid, and to 

incorporate FAA experience in the EIS process. Whenever a broad document has been 

prepared (such as a programmatic EA or EIS), the responsible FAA official may use the 

tiering process to prepare subsequent EAs or EISs for actions covered by the 

programmatic EA or EIS (such as site-specific actions). Through the tiering process, any

subsequent EA or EIS only need summarize the impacts analyzed in the broader 

document, incorporate impact discussions from the broader document by reference, and 

focus on the issues specific to the subsequent action (see 40 CFR § 1502.20, CEQ 

Regulations). The purpose of tiering is to eliminate repetition and facilitate the analysis 

of issues at the appropriate level of detail. Tiered and programmatic EISs are prepared, 

circulated, and filed using the same procedures for draft and final EISs (see Paragraph 3-

2 for more information on programmatic and tiered NEPA documents).

c. The responsible FAA official should incorporate material into an EIS by reference 

when the effect will be to cut down on bulk without impeding agency and public review 

of the action. The incorporated material must be cited in the statement and its content 

briefly described. No material may be incorporated by reference unless it is reasonably 

available for inspection by potentially interested persons within the time allowed for 

comment. Material based on proprietary data which is itself not available for review and 

comment must not be incorporated by reference. 

d. Until any required EIS has been completed and a ROD has been issued, no FAA 

action may be taken, or irretrievable and irreversible commitment of resources made, that 

would have an adverse environmental impact or limit the choice of reasonable 

alternatives (see 40 CFR §§ 1502.2(f) and 1506.1(a), CEQ Regulations) except as 

provided in 40 CFR § 1506.1(c) (relating to programmatic EISs).

e. If the FAA is considering an application from a non-Federal entity, and the FAA is 

aware that the applicant is about to take an action within the agency’s jurisdiction that 

would have an adverse environmental impact or limit the choice of reasonable 

alternatives, the responsible FAA official must promptly notify the applicant that the 
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7-2

FAA will take appropriate action to ensure that the objectives and procedures of NEPA 

are achieved. However, this does not preclude development by applicants of plans or 

designs or performance of other work necessary to support an application for Federal, 

state, or local permits or assistance.

7-1.1. Environmental Impact Statement Format. The FAA’s standard EIS format, which 

follows the format prescribed in CEQ Regulations (see 40 CFR § 1502.10), is outlined 

below.

a. Cover Page. This single page will include:

(1) A list of the responsible lead and cooperating agencies (identifying the lead 

agency);

(2) The title of the proposed action (together with the state(s) and county(ies) where 

the action is located);

(3) The name, address, and telephone number of the responsible FAA official;

(4) The designation of the statement as draft, final, or supplement;

(5) A one paragraph abstract of the EIS with a heading as follows: DEPARTMENT 

OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION; and

(6) For draft EISs, a statement that this EIS is submitted for review pursuant to the 

following public law requirements and list those that are applicable, such as section 

102(2)(C) of the National Environmental Policy Act of 1969, and Section 4(f).

b. Executive Summary. An executive summary will be included to adequately and

accurately summarize the EIS. The summary describes the proposed action, stresses the 

major conclusions, areas of controversy (including issues raised by agencies and the 

public), and the issues to be resolved (including the choice among alternatives). It also 

discusses major environmental considerations and how these have been addressed, 

summarizes the analysis of alternatives, and agency preferred and sponsor preferred 

alternatives. If the agency has identified an environmentally preferred alternative, it may

also be included. It discusses mitigation measures, including planning and design to 

avoid or minimize impacts. It identifies interested agencies, lists permits, licenses, and 

other approvals that must be obtained, and reflects compliance with other applicable 

environmental laws, regulations, and orders.

c. Table of Contents. The table of contents lists the chapters and exhibits (including 

figures, maps, and tables) presented throughout the EIS. It will also list the appendices, if 

any, and the acronym list, glossary, references, and index.

d. Purpose and Need. This section briefly specifies the underlying purpose and need for 

the Federal action. It presents the problem being addressed, how the alternatives would 

resolve the problem, and the benefits of the Federal action. It distinguishes between the 

need for the proposed action and the desires or preferences of the agency or applicant, 

and essentially provides the parameters for defining a reasonable range of alternatives to 

be considered. The purpose and need for the proposed action must be clearly explained 

and stated in terms that are understandable to individuals who are not familiar with 

aviation or commercial aerospace activities.
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7-3

e. Alternatives (Including the Proposed Action). This section is the heart of the EIS (see 

40 CFR §§ 1502.10(e) and1502.14, CEQ Regulations). It presents a comparative 

analysis of the no action alternative, the proposed action, and other reasonable 

alternatives to fulfill the purpose and need for the action, to sharply define the issues, and 

provide a clear basis for choice among options by the approving official. Whether a 

proposed alternative is reasonable depends, in large part, upon the extent to which it 

meets the purpose and need for the proposed action. Reasonable alternatives not within 

the jurisdiction of the lead agency should be considered (see 40 CFR § 1502.14(c), CEQ 

Regulations). The FAA may include alternatives proposed by the public or another 

agency. However, they must meet the basic criteria for any alternative: it must be 

reasonable, feasible, and achieve the project’s purpose. The extent of active participation 

in the NEPA process by the proponent of the alternative also bears on the extent to which 

a proffered alternative deserves consideration. Charts, graphs, and figures, if appropriate, 

may aid in understanding the alternatives, for example, to depict alternative runway

configurations. To provide a clear basis of choice among the alternatives, graphic or 

tabular presentation of the comparative impact is recommended. This section also 

presents a brief discussion of alternatives that were not considered reasonable (e.g., 

because they do not meet the purpose and need for the proposed action). The draft EIS

must identify the preferred alternative or alternatives, if one or more exists at the time the 

draft EIS is issued. The final EIS must specifically and individually identify the 

preferred alternative (see 40 CFR § 1502.14 (e), CEQ Regulations). Criteria other than 

those included in the affected environment and environmental consequences sections of 

the EIS may be applied to identify the preferred alternative. Although CEQ encourages 

Federal agencies to identify the environmentally preferred alternatives in the EIS (see 

number 6 in CEQ’s Forty Most Asked Questions Concerning CEQ’s National 

Environmental Policy Act Regulations, 46 Federal Register 18026 (March 23, 1981)), the 

CEQ Regulations do not require that discussion until the ROD. 

f. Affected Environment. This section describes the existing environmental conditions

of the potentially affected geographic area or areas. The discussion of the affected 

environment should be no longer than is necessary. It should include detailed discussion 

of only those environmental impact categories affected by the proposed action to 

demonstrate the likely effects of the alternatives; data and analyses should be presented in 

detail commensurate with the importance of the impact. This discussion may highlight 

important background material. To ensure that this section emphasizes the important 

aspects of the effects on the environment, the discussion should summarize and 

incorporate by reference information or analysis that is reasonably available to the public. 

This section describes other relevant activities (past, present, and reasonably foreseeable 

future actions), their interrelationships, and cumulative impacts. It may include such 

items as action by the community or citizen groups pertinent to the proposed action, or 

any other unique factors associated with the action. The discussion of the affected 

environment may include the following, if appropriate:

(l) Location map, vicinity map, project layout plan, and photographs.

(2) Existing and planned land uses and zoning, including: industrial and commercial 

growth characteristics in the affected vicinity; affected residential areas, schools, 

places of outdoor assemblies of persons, churches, and hospitals; public parks, 
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7-4

wildlife and waterfowl refuges; Federally-listed or proposed candidate, threatened, or 

endangered species or Federally-designated or proposed critical habitat; wetlands; 

national and state forests; floodplains; farmlands; coastal zones, coastal barriers, or 

coral reefs; recreation areas; wilderness areas; wild and scenic rivers; Native 

American cultural sites, and historic and archeological sites eligible for or listed on 

the National Register of Historic Places.

(3) State or local jurisdictions affected by the proposed action.

(4) Population estimates and other relevant demographic information for the affected 

environment, including a census map where appropriate.

(5) Past, present, and reasonably foreseeable future actions, whether Federal or nonFederal, including related or connected actions (see 40 CFR §§ 1501.7(a), 1502.4(a), 

1508.25(a)(1), and 1508.27(b)(7), CEQ Regulations), to show the cumulative effects 

(see 40 CFR § 1508.7) of these actions on the affected environment (see CEQ 

Guidance on Considering Cumulative Effects Under the National Environmental 

Policy Act (January 1997) and EPA Guidance on Consideration of Cumulative 

Impacts in EPA Review of NEPA Documents (May 1999)).

g. Environmental Consequences.

(1) This section forms the scientific and analytical basis for comparing the proposed

action, the no action alternative, and other alternatives retained for detailed analysis. 

The discussion of environmental consequences will include the environmental 

impacts of the alternatives including the proposed action; any adverse environmental 

effects that cannot be avoided should the proposed action be implemented; the 

relationship between short-term uses of man’s environment and the maintenance and 

enhancement of long-term productivity; and any irreversible or irretrievable 

commitments of resources that would be involved in the proposed action should it be 

implemented; and mitigation (see Paragraph 7-1.1.h). This section should not 

duplicate discussions in the alternatives section. It must include considerations of 

direct, indirect, and cumulative effects and their significance and possible conflicts 

between the proposed action and the objectives of Federal, regional, state, tribal, and 

local land use plans, policies, and controls for the area concerned and other 

unresolved conflicts (see 40 CFR § 1501.2(c)). (Also see Question 23 in CEQ’s 

Forty Most Asked Questions Concerning CEQ’s National Environmental Policy Act 

Regulations, 46 Federal Register 18026 (March 23, 1981)). To avoid excessive 

length, the environmental consequences section may incorporate by reference 

background data to support its effects analysis.

(2) Specific environmental impact categories listed in Paragraph 4-1 must be 

discussed to the level of detail necessary to support the comparisons of effects of each 

alternative retained for detailed analysis, including the no action alternative. The 

1050.1F Desk Reference describes laws, regulations, and orders in addition to NEPA 

that must be complied with for different impact areas before a proposed Federal

action is approved. The section should include, under appropriate impact categories, 

all applicable permit or license requirements and should indicate any known problems 

with obtaining them. This section should also provide the status of any interagency 

or intergovernmental consultation required, for example, under the National Historic 
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Preservation Act, 16 U.S.C. §§ 470–470x-6, the Endangered Species Act, 16 U.S.C. 

§§ 1531–1544, the Coastal Zone Management Act, 16 U.S.C. §§ 1451–1466, the 

American Indian Religious Freedom Act, 42 U.S.C. § 1996, Executive Order 13084, 

Consultation and Coordination with Indian Tribal Governments, 63 Federal Register

27655 (May 14, 1998), the Wild and Scenic Rivers Act, 16 U.S.C. §§ 1271–1287, 

and the Fish and Wildlife Coordination Act, 16 U.S.C. §§ 661–667d.

h. Mitigation.

(1) An EIS must describe mitigation measures considered or planned to minimize 

harm from the proposed action. Mitigation incorporated into project design must be 

clearly described in the proposed action. Environmental consequences resulting from 

mitigation must be considered in the EIS, when applicable. The following types of 

mitigation measures should be considered: design and construction actions to avoid 

or reduce impacts; management actions that reduce impacts during operation of the 

facility; and replacement, restoration (reuse, conservation, preservation, etc.), and 

compensation measures. EMS data collection, tracking, and analysis may be useful 

in the consideration of appropriate mitigation measures. An EMS may also be used

for tracking and monitoring mitigation commitments. 

(2) Mitigation and other conditions established in the EIS, or during review of the 

EIS, and that are committed to in the ROD, must be implemented by the FAA or 

another appropriate entity with authority to implement the identified mitigation 

measures or other conditions. The FAA ensures implementation of such mitigation 

measures through special conditions, funding agreements, contract specifications, 

directives, other review or implementation procedures, and other appropriate followup actions in accordance with 40 CFR § 1505.3, CEQ Regulations (see Paragraph 4-

4, Mitigation, regarding monitoring and enforcement of mitigation commitments).

i. List of Preparers. This list includes the names, and qualifications (e.g., expertise

experience, professional disciplines) of the FAA staff that were primarily responsible for

preparing the EIS or significant background material, and contractors who assisted in 

preparing the EIS or associated environmental studies.

j. List of Agencies, Organizations, and Persons to Whom Copies of the Statement are 

Sent. This list is included for reference and to demonstrate that the EIS is being 

circulated, and thus, that the public review process is being followed.

k. Index. The index reflects the key terms used throughout the EIS for easy reference. 

The index includes page numbers for each reference.

l. Appendices (if any). This section consists of material that substantiates any analysis

that is fundamental to the EIS, but would substantially contribute to the length of the EIS 

or detract from the document’s readability, if included in the body of the EIS. This 

section should contain information about formal and informal consultation conducted, 

and related agreement documents prepared, pursuant to other applicable environmental 

laws, regulations, and orders.

m. Comments. Comments received on the draft EIS are assessed and responded to in the 

final EIS. See Paragraphs 7-1.2.e and 7-1.2.g for more information on responding to 

comments).
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n. Footnotes. Footnotes include title, author, date of document, page(s) relied upon, and

footnote number used to identify where in the text, figures, and charts of the EIS the 

source is used.

7-1.2. Environmental Impact Statement Process. The EIS process is described in 

flowchart form at a high level in Exhibit E-3 of Appendix E. 

a. Cooperating Agencies. The FAA NEPA lead should identify and invite any affected 

Federal, state, or local agencies, or tribes with jurisdiction by law or special expertise in 

the FAA’s proposed action to be a cooperating agency and participate in the development 

of the EIS (see Paragraph 2-4.2).

b. NOI to Prepare an EIS. The responsible FAA official must publish an NOI in the 

Federal Register to initiate the preparation of the EIS (see 40 CFR § 1508.22, CEQ 

Regulations). The NOI includes an overview of the proposed action, the alternatives 

being considered (including no action), and the name and address of the FAA person who 

can answer questions about the proposed action and EIS. If a scoping meeting is planned 

and sufficient information is available at the time of the NOI, the NOI should also 

announce the meeting, including the meeting time and location, and other appropriate 

information such as availability of a scoping document. If the responsible FAA official is 

using the NOI to satisfy public notice and comment requirements of other environmental 

requirements in addition to NEPA that are applicable to the proposed action, the NOI 

should include a statement to that effect with a reference to the applicable laws, 

regulations, or Executive Orders. The responsible FAA official sends the NOI to the 

docket clerk in the Office of the Chief Counsel (AGC-200). All NOIs initiated in the 

regions should be reviewed by the Regional Counsel before being forwarded to AGC200. The applicable division manager, designee, or other appropriate FAA official may

sign the NOI for the Federal Register. The responsible FAA official should also consider 

publishing the NOI, notices of scoping meetings, and other information in other formats 

(see Paragraph 14a of DOT Order 5610.1C and 40 CFR § 1506.6(b), CEQ Regulations). 

c. Scoping Process. Scoping is a required part of the EIS process. Scoping is an early 

and open process for determining the scope of issues to be addressed in the EIS and 

identifying the significant issues related to a proposed action (see 40 CFR § 1501.7, CEQ 

Regulations). The responsible FAA official must take the lead in the scoping process, 

inviting the participation of affected Federal, state, and local agencies, any potentially

affected tribes, applicants, and other interested persons (including those who might 

oppose the proposed action). The responsible FAA official initiates scoping in order to 

determine the scope of issues to be addressed in the EIS and identify the significant 

issues related to the proposed action (see 40 CFR § 1501.7, CEQ Regulations). Through 

scoping, the responsible FAA official will identify the issues the EIS will analyze in 

depth, identify any other environmental reviews and consultation requirements necessary

for the proposed action, and assign responsibilities among lead and cooperating agencies 

for inputs to the EIS. Scoping serves the additional purposes of identifying those issues 

that do not require detailed analysis or that have been covered by prior environmental 

review, setting the temporal and geographic boundaries of the EIS, determining 

reasonable alternatives, and identifying available technical information. During scoping, 

the FAA or other agencies may identify other EAs or EISs that are being or will be 

prepared that are related to but not part of the scope of the EIS under consideration. 
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Although there is no standard approach to public scoping, it is important that the FAA 

facilitate public participation in the process. The FAA should tailor public scoping 

processes to match the complexity of the proposal. If appropriate, a scoping meeting(s) 

can be held to collect information regarding environmental concerns from agencies and 

the public. Scoping meetings provide the opportunity to present additional background 

on the proposed action and solicit input from interested and affected parties. An NOI or 

other notice of a scoping meeting must be published at least 30 days prior to the meeting. 

However, there are no requirements for a scoping meeting. Depending on the nature and 

complexity of the proposed action, the scoping process may be carried out by letter, 

telephone, or other means. The FAA may prepare scoping materials, although these are 

not required. If an EA has been prepared, the FAA may use it as the vehicle for scoping. 

Consultation with appropriate agencies having jurisdiction by law or special expertise is 

also initiated at this point. Scoping may also be used to assign responsibilities among 

lead and cooperating agencies for inputs to the EIS. 

d. Review of Draft EIS. Following the FAA’s preparation of the draft EIS, the 

responsible FAA official must make copies of the draft EIS available for review and 

comment. The required comment period for a draft EIS is a minimum of 45 days. When 

the FAA is the lead Federal agency, the EPA, upon a showing by another Federal agency

of compelling reasons of national policy, may extend this period for up to 30 days, but no 

longer than 30 days without the permission of the FAA (see 40 CFR § 1506.10(c), CEQ 

Regulations). 

(1) Public Review. The draft EIS should be available at local libraries or similar 

public depositories. Material used in developing or referenced in the draft EIS must 

be available for review at the appropriate FAA office(s) or at a designated location. 

Upon request, copies of the draft EIS must be made available to the public without 

charge to the extent practical or at a reduced charge, which is not more than the actual 

cost of reproducing copies. The draft EIS may also be placed on the Internet and/or 

copies may be made available in digital form. 

(a) The responsible FAA official should use the following standard language in 

press releases and notices announcing the draft EIS’s availability for comment 

and any public meetings or hearing(s) associated with the proposed project that 

will occur: 

The FAA encourages all interested parties to provide comments concerning the scope 

and content of the draft EIS. Comments should be as specific as possible and address 

the analysis of potential environmental impacts and the adequacy of the proposed 

action or merits of alternatives and the mitigation being considered. Reviewers should 

organize their participation so that it is meaningful and makes the agency aware of the 

viewer's interests and concerns using quotations and other specific references to the 

text of the draft EIS and related documents. Matters that could have been raised with 

specificity during the comment period on the draft EIS may not be considered if they 

are raised for the first time later in the decision process. This commenting procedure 

is intended to ensure that substantive comments and concerns are made available to the 

FAA in a timely manner so that the FAA has an opportunity to address them.

Before including your address, phone number, e-mail address, or other personal

identifying information in your comment, be advised that your entire comment –

including your personal identifying information – may be made publicly available at 
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7-8

any time. While you can ask us in your comment to withhold from public review your 

personal identifying information, we cannot guarantee that we will be able to do so.

(b) To ensure that local notices of the draft EIS’s availability occur on the same

date that the EPA publishes the Notice of Availability (NOA) in the Federal 

Register, the responsible FAA official should send a press release to local media 

and if the EIS is national in scope, national media outlets. The release should 

request that the media publish a notice of the draft EIS’s availability on the same 

date that the EPA is expected to publish its notice. The local NOA of the draft 

EIS must provide the same due date for comments as that specified in the Federal 

Register notice.

(c) The FAA should hold public meetings or hearings, when appropriate. If the 

FAA conducts a public meeting or hearing for the purpose of obtaining public 

comment on a draft EIS or EA, the FAA should ensure that the draft document is 

available for public review at least 30 days before the event occurs. (See 

Paragraphs 2-5.3 for more information on public meetings and hearings). 

(d) Certain special purpose laws and requirements require public notice of 

specific findings or determinations. Examples include Section 2(a)(4) of 

Executive Order 11988, Floodplain Management, 42 Federal Register 26951 

(May 24, 1977); Section 2(b) of Executive Order 11990, Protection of Wetlands, 

42 Federal Register 26961 (May 24, 1977); Section 7 of DOT Order 5650.2, 

Floodplain Management and Protection (April 23, 1979); Section 7.b of DOT 

Order 5660.1A, Preservation of the Nation’s Wetlands (August 24, 1978); Section 

7 of the Endangered Species Act, 16 U.S.C. § 1536; and Section 106 of the 

National Historic Preservation Act, 16. U.S.C. § 470f.

(2) Filing with EPA. Concurrently, the responsible FAA official must file the draft 

EIS with the EPA (see 40 CFR § 1506.9, CEQ Regulations) through the e-NEPA 

electronic filing system at: http://www.epa.gov/oecaerth/nepa/submiteis/index.html. 

As part of the draft EIS filing process, the EPA publishes the official Federal

Register NOA for the draft EIS. This starts the official comment period for the draft 

EIS. The responsible FAA official also has the option to publish a more detailed 

NOA in the Federal Register. The FAA must notify EPA if the FAA approves an 

extension of the public comment period, so that EPA may provide an update in its 

Federal Register notice. 

(3) Intergovernmental Coordination. The responsible FAA official must request 

comments on the draft EIS from appropriate Federal, state, and local agencies (see 

40 CFR §§ 1501.2(d)(2) and 1501.7(a)(1), CEQ Regulations), and from tribes when 

the effects may be on a reservation or affect tribal interests (see 40 CFR §§ 

1502.16(c), 1503.1(a)(2)(ii), 1506.6(b)(3)(ii), CEQ Regulations). 

(a) Federal Agencies. Draft EISs must be coordinated with the appropriate 

regional offices of other Federal agencies having jurisdiction by law or special 

expertise. However, draft EISs that are coordinated with any component of the 

Department of Commerce (DOC), Department of Energy (DOE), or Department 

of the Interior (DOI) must be coordinated with the Washington, D.C., 

headquarters of those departments (see details below). Coordination with the 
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7-9

DOE is necessary only for transportation proposals having major energy-related 

consequences. Coordination with the Advisory Council on Historic Preservation 

(ACHP) on the draft EIS is only necessary if they have been invited, and have 

agreed to participate in a Section 106 process. The FAA must send one copy of 

the draft EIS to the EPA regional office of interest. 

1. Washington, D.C., headquarters of the DOC (one copy) and Ecology and

Conservation Division of the National Oceanographic and Atmospheric 

Administration (one copy).

2. Washington, D.C., headquarters of the DOE, if coordination is necessary

(see Paragraph 7-1.2.d(3)(a) above) (one copy).

3. DOI, Office of Environmental Policy and Compliance (One copy of the 

document(s) in electronic format (CD/DVD, or any other widely used 

electronic storage media) and the URL for review documents available on the 

Internet. If no electronic version is available, then 12 to 18 copies of the draft 

EIS depending on the proposed action’s geographic location and scope) at the 

following address: Director, Office of Environmental Policy and Compliance, 

U.S. Department of the Interior, Main Interior Building, MS 2462, 1849 C 

Street, N.W., Washington, D.C. 20240.

(b) State and Local Agencies. Draft EISs must be coordinated with appropriate 

state and local agencies including cooperating agencies, agencies that commented 

substantively on the Intergovernmental Review of Federal Programs, affected 

cities and counties, and others known to have an interest in the action. 

(c) Tribal Governments. Draft EISs must be coordinated with appropriate tribal 

governments when the effects may be on a reservation or affect tribal interests. 

Various laws, regulations, and orders in addition to NEPA, may also require 

coordination with tribes that are not Federally-recognized, and with traditional 

cultural leaders. Consult with AEE, AGC, and ACR for more information. See 

Paragraph 2-4.4, Tribal Consultation, for additional information on consultation 

with tribes.

e. Responses to Comments. The responsible FAA official must take into consideration 

all comments received on the draft EIS and comments recorded during public meetings or 

hearings, and respond to the substantive comments in the final EIS. All substantive 

comments received on the draft EIS (or summaries where the comments are voluminous) 

must be attached to the final EIS (see 40 CFR § 1503.4(b), CEQ Regulations) and must 

accompany the final EIS through the FAA’s internal review process. Comments must be 

responded to in one or more of the following ways:

(1) Written into the text of the final EIS.

(2) Stated in an errata sheet attached to the final EIS.

(3) Included or summarized and responded to in an attachment to the final EIS, and if 

voluminous, may be compiled in a separate supplemental volume for reference.

f. Errata Sheets. In lieu of preparing a final EIS, the FAA may, subject to the 

conditions set forth below, attach errata sheets to the draft EIS. If the modifications to
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the draft EIS in response to comments are minor and are confined to factual corrections 

or explanations of why the comments do not warrant additional agency response, then 

only the comments, responses, and errata sheet need be circulated and the draft EIS and 

errata sheet may be filed as the final EIS as set out in 40 CFR § 1503.4(c), CEQ 

Regulations. Use of errata sheets is subject to the condition that the errata sheets:

(1) cite the sources, authorities, or reasons that support the position of the FAA; and

(2) if appropriate, indicate the circumstances that would trigger agency reappraisal or 

further response.

The draft EIS must be reviewed and approved as designated in Paragraph 7-1.2.h.

g. Final EIS. In preparing the final EIS, the draft EIS must be revised to reflect 

comments received, issues raised through the public involvement and public meeting or 

hearing process, and other considerations. Any unresolved environmental issues and 

efforts to resolve them through further consultation must be identified and discussed in 

the final EIS. The FAA has discretion to solicit additional comments on all or portions of 

final EISs that would then be addressed in any final decision (see 40 CFR § 1503.1, CEQ 

Regulations). The preferred alternative must be identified in the final EIS. The final EIS 

must reflect compliance with the requirements of all applicable environmental laws, 

regulations, Executive Orders, and agency orders, including Section 4(f). If such 

compliance is not possible by the time of final EIS preparation, the final EIS must reflect 

consultation with the appropriate agencies and provide reasonable assurance that the 

requirements can be met. Required compliance must be completed before issuance of the 

ROD.

h. Review and Approval. The final EIS must be reviewed and approved in accordance 

with Chapter 10. The cover page or summary of the final EIS or a draft EIS with errata 

sheets in lieu of a final EIS must include the following declaration. Other required 

environmental findings and conclusions must be included in the summary, if not included 

in the body or at the end of the EIS. Signature and date blocks will be provided for the 

decisionmaker’s approval and may also be provided for the concurrences of other 

appropriate offices.

After careful and thorough consideration of the facts contained herein and following 

consideration of the views of those Federal agencies having jurisdiction by law or special 

expertise with respect to the environmental impacts described, the undersigned finds that the 

proposed Federal action is consistent with existing national environmental policies and 

objectives as set forth in section 101(a) of the National Environmental Policy Act of 1969.

i. Availability of Approved Final EIS. The responsible FAA official must file the final 

EIS with the EPA through the e-NEPA electronic filing system at: 

http://www.epa.gov/oecaerth/nepa/submiteis/index.html. The EPA will issue a NOA for 

the final EIS in the Federal Register. The FAA may also publish a more detailed 

availability notice in the Federal Register, but the FAA notice cannot be substituted for 

the EPA Federal Register notice. The final EIS must be sent to:

(1) the appropriate regional office of EPA.
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(2) the originating FAA LOB/SO director; Regional FAA Administrator; and AEE 

(one copy each).

(3) the DOT Office of the Assistant Secretary for Transportation Policy, Office of 

Safety, Energy, and Environment (P-30) (one copy).

(4) each Federal, state, and local agency, tribe, and private organization that made 

substantive comments on the draft EIS and to individuals who requested a copy of the 

final EIS or who made substantive comments on the draft EIS (one copy each).

(5) DOI (One copy in electronic format (CD/DVD, or any other widely used 

electronic storage media) and the URL for review documents available on the 

Internet. If no electronic version is available, then 6 to 9 copies depending on the 

action’s geographic location and scope, see Department of the Interior Environmental 

Review Distribution Requirements dated June 6, 2012) at the following address: 

Director, Office of Environmental Policy and Compliance, U.S. Department of the 

Interior, Main Interior Building, MS 2462, 1849 C Street, N.W., Washington, D.C. 

20240.

(6) DOE headquarters for transportation proposals having major energy-related 

consequences (one copy).

(7) the appropriate state-designated single point of contact (or specific agency

contacts when states have not designated a single contact point), unless otherwise 

designated by the governor (adequate number of copies [varies by state]).

Additional copies must be sent to accessible locations to be made available to the general 

public, including headquarters and regional offices, and state, metropolitan, and local 

public libraries to facilitate accessibility. The final EIS, comments received, and 

supporting documents must be made available to the public without charge to the fullest 

extent practical or at a reduced charge, which is not more than the actual cost of 

reproducing copies, at appropriate agency office(s) or at a designated location.

j. Timing of Decision. The FAA must wait a minimum of 30 days after the EPA NOA 

of the final EIS is published in the Federal Register (and at least 90-days after filing of 

the draft EIS) before making a decision on the proposed action and issuing a ROD (see 

40 CFR § 1506.10, CEQ Regulations). The waiting period is not for receiving public 

comments (although the FAA may request comments on a final EIS, see Paragraph 7-

1.2.g); rather, it provides time for the decisionmaker to consider the final EIS and other 

pertinent information and make a decision. At the conclusion of the waiting period, the 

decisionmaker issues the final decision in a ROD (see Paragraph 7-2) and implementation 

of the selected action may begin.

When the FAA is the lead Federal agency, the EPA, upon a showing by another Federal

agency of compelling reasons of national policy, may extend prescribed periods up to 

30 days, but no longer than 30 days without the permission of the FAA. The responsible 

FAA official may also extend the waiting period or request the EPA to reduce this period 

for compelling reasons of national policy (see 40 CFR § 1506.10(d), CEQ Regulations). 

The 90-day waiting period after filing the draft EIS cannot be altered by the EPA. 

If the FAA unilaterally approves an overall extension of the comment period, the EPA 

must be notified so that the EPA may provide an update in its Federal Register notice. 
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7-1.3. Decision Not to Prepare an Environmental Impact Statement. Under certain 

circumstances, the FAA may choose to terminate an EIS. This could occur, for example, 

when an applicant has decided not to go forward with the action or it is determined to be no 

longer needed. The FAA may also terminate an EIS and revert to an EA if the environmental 

analysis shows that there would not be significant impacts from the project. 

The FAA should provide Federal Register notice of the determination to no longer conduct 

an EIS. The Federal Register notice should cite the date of the original NOI to Prepare an 

EIS and state the reasons why the FAA has chosen to terminate the EIS.

7-2. Record of Decision.

7-2.1. Record of Decision Process.

a. Following the time periods described in Paragraph 7-1.2.j, the decisionmaker may

make a decision on the proposed action. The FAA must prepare a ROD that contains the 

information referenced in Paragraph 7-2.2. 

b. The decisionmaker must obtain concurrence in accordance with the FAA’s internal 

review procedures before approving the ROD (see Paragraph 10-4, Review and Approval 

of final EISs and Paragraph 10-6, Review and Approval of RODs). The selected action 

may not be implemented until the decisionmaker has approved and signed the ROD.

c. The decisionmaker may select any alternative within the range of alternatives 

analyzed in the final EIS. The selected alternative may be an alternative other than the 

agency’s preferred alternative or the environmentally preferred alternative. The LOB/SO 

must circulate the draft ROD for internal coordination and concurrence with the same 

FAA LOB/SOs that reviewed the final EIS. These LOB/SOs may concur without 

comment, may concur on the condition that specific mitigation measures be incorporated 

in the ROD, may request that a supplement to the final EIS be prepared and circulated, or 

may non-concur. Supplements to final EISs may be necessary and will be reviewed and 

approved in the same manner as the original document, and a new draft ROD should be 

prepared, circulated, and approved. The decisionmaker cannot approve the Federal

action over a LOB/SO’s non-concurrence. 

d. If the decisionmaker selects an alternative other than the preferred alternative in the 

final EIS that involves other environmental laws, regulations, or Executive Orders, such 

as those related to Section 4(f) land, Federally-listed endangered species, wetlands, or 

historic sites, the agency must first complete any required evaluation and consultation not 

already completed and make the appropriate finding prior to taking the action. 

e. The responsible FAA official must provide public notice of availability of the ROD 

through appropriate means as required in 40 CFR § 1506.6(b), CEQ Regulations. Such 

means may include publication in the Federal Register, other media, and/or on the 

Internet (see 40 CFR § 1506.6(b), CEQ Regulations), although publication in the Federal 

Register is only required for actions of national concern. A copy of the ROD should be 

forwarded with the final EIS to AEE-1 for their files. 

7-2.2. Record of Decision Content. The ROD must:

a. Present the FAA’s decision on the proposed action, and identify and discuss all 

factors, including any essential considerations of national policy, that were balanced by 
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7-13

the agency in making its decision and state how those considerations entered into the 

decision.

b. Identify all alternatives considered by the FAA and which alternative(s) is/are 

considered to be environmentally preferable. The FAA may discuss preferences among 

alternatives based on relevant factors including economic and technical considerations,

and agency statutory missions.

c. Identify any mitigation measure(s) committed to as part of the decision and 

summarize any applicable mitigation monitoring and enforcement program. This must 

include any mitigation measure that was made as a condition of the approval of the final 

EIS. 

d. State whether all practicable means to avoid or minimize environmental harm from 

the selected alternatives have been adopted, and if not, why. 

e. Include any findings required by Executive Order, regulation, or special purpose law 

or requirement (e.g., wetlands, Section 4(f), etc.).

As necessary, the ROD can be used to clarify and respond to issues raised on the final EIS. 

If the ROD is prepared following adoption of all or part of another agency’s NEPA 

document, the ROD must identify the part(s) of the document being adopted and include 

documentation of the FAA’s independent evaluation of the document. 

7-2.3. Environmental Commitments. Mitigation and other conditions described in the EIS 

and committed to in the ROD must be implemented and/or monitored by the FAA or another 

appropriate entity that has committed to implementing and/or monitoring mitigation. 

Proposed changes in, or deletion of, a mitigation measure that was included as a condition of 

approval of the final EIS must be reviewed by the same FAA LOB/SO that reviewed the final 

EIS and must be approved and signed by the approving official. The FAA ensures 

implementation of such mitigation measures through special conditions, funding agreements, 

contract specifications, directives, other review or implementation procedures, and other 

appropriate follow-up actions in accordance with 40 CFR § 1505.3, CEQ Regulations (see 

Paragraph 4-4, Mitigation, regarding monitoring and enforcement of mitigation 

commitments).

7-3. -7-50. Reserved.
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Chapter 8: Federal Aviation Administration Actions Subject to Special Procedures

8-1. Rulemaking. For rulemaking subject to an EA or EIS, the draft EA, EA and FONSI, or 

draft EIS will be prepared and normally accompany the proposed rule. The EA must be issued 

for public comment to the extent practicable (see 40 CFR § 1501.4(b), CEQ Regulations). This 

may be accomplished by making the EA available with the proposed rule. The NOA of the draft 

EIS must be published at least 90 days or the NOA of the final EIS must be published at least 

30 days, whichever is later, prior to publishing a final rule. The FAA may waive the 30 day

period and publish a final rule concurrently with a NOA of the final EIS when engaged in 

rulemaking under the Administrative Procedure Act, 5 U.S.C. §§ 551-559, or other statute for the 

purpose of protecting public health or safety (see 40 CFR § 1506.10(b)(2), CEQ Regulations). 

When the draft EA or EIS is issued for public comment, copies will be made available for public 

review on Regulations.gov.

8-2. Legislative Proposals. The FAA must, at a minimum, prepare and circulate a draft 

Legislative EIS (LEIS) for a legislative proposal that could cause significant environmental 

impacts (see 40 CFR §§ 1506.8, 1508.17, and 1508.18(a), CEQ Regulations). Unless a final 

LEIS is required under 40 CFR § 1506.8(b)(2), CEQ Regulations, the draft LEIS along with 

comments received from circulation of the draft LEIS are included in the formal transmittal of 

the legislative package to Congress. The draft LEIS (un-revised) and associated comments 

constitute the detailed statement required by statute for legislative proposals to Congress. The 

office originating the legislation is responsible for preparing, circulating, and filing the draft 

LEIS and, if required, the final LEIS. The LEIS is prepared and processed in the same manner 

as an EIS except that scoping is not required (see 40 CFR § 1506.8(b)(1), CEQ Regulations).

a. The draft LEIS and any public comments received by the FAA, and the final LEIS if 

required, must be transmitted to Congress within 30 days after transmittal of the 

legislative proposal, or within sufficient time to allow review for associated hearings and 

debates on the proposed legislation. The responsible FAA LOB/SO must clear the draft 

LEIS and associated comments, and the final LEIS if required, with the Office of the 

Assistant Secretary for Transportation Policy (P-1) and DOT Assistant General Counsel 

for Legislation (C-40). C-40 will submit the environmental documents to the Office of 

Management and Budget for circulation in the normal legislative clearance process.

b. Questions concerning legislation should be directed to the FAA Office of 

Government and Industry Affairs (AGI).

8-3. Actions within the United States with Potential Transboundary Impacts.

Transboundary impacts would occur when an FAA action within the United States results in 

impacts that extend across the border and affect another country’s environment. The FAA 

should include analysis of any reasonably foreseeable transboundary effects in their analysis of 

proposed actions (see CEQ’s Guidance on NEPA Analyses for Transboundary Impacts, July 1, 

1997).

8-4. Effects of Major Federal Aviation Administration Actions Abroad. If the FAA 

anticipates communication with a foreign government concerning environmental studies or 

documentation, the responsible FAA official must consult with the appropriate headquarters 

LOB/SO. The LOB/SO will notify AEE-400, coordinate with the Office of International 
07/25/13 Draft Order 1050.1F

8-2

Aviation (API), and then consult with the Office of the Assistant Secretary for Transportation 

Policy (P-1) to coordinate communication through the State Department. 

a. In accordance with Executive Order 12114, Environmental Effects Abroad of Major 

Federal Actions, 44 Federal Register 1957 (January 9, 1979), and DOT Order 5610.1C, 

Paragraph 16, the responsible FAA officials should determine whether certain FAA 

actions would have a significant effect outside the United States, its territories and 

possessions. FAA officials should consider whether the Federal action involves:

(1) Effects on the environment of the global commons outside the jurisdiction of any 

nation (e.g., the ocean or Antarctica);

(2) Effects on the environment of a foreign nation not participating with the United 

States and not otherwise involved in the action;

(3) Provision of certain products (or emissions/effluents) which in the United States 

are strictly prohibited or strictly regulated because their effects on the environment 

present a serious public health risk;

(4) A physical project which, in the United States, would be prohibited or strictly

regulated by Federal law to protect the environment against radioactive substances; or

(5) Effects on natural or ecological resources of global importance designated for 

protection by the President or resources protected by international agreement binding 

on the United States designated for protection by the Secretary of State.

b. Before deciding to approve any action having potential effects in the categories 

described in Paragraph 8-4.a, the responsible FAA official must determine whether the 

proposed action would have a significant environmental effect abroad.

c. If the responsible FAA official determines that the action will not have a significant 

environmental effect abroad, he or she must prepare a memorandum for the record which 

states the underlying reasons for the determination.

d. If the responsible FAA official determines that the action would have a significant 

effect abroad, he or she should determine what type of document must be prepared and 

considered in accordance with section 2-4 of Executive Order 12114, Environmental 

Effects Abroad of Major Federal Actions, 44 Federal Register 1957 (January 9, 1979). 

As determined by the agency, documents should be taken into consideration in taking 

actions as follows:

(1) For major FAA actions significantly affecting the global commons – an EIS

(including generic, program, and specific statements);

(2) For major Federal actions significantly affecting the environment of a foreign 

nation not participating with the United States and not otherwise involved in the 

action or major Federal actions significantly affecting the environment of a foreign 

nation which provide to that nation products or physical projects as described in 

Paragraphs 8-4.a(3) or 8-4.a(4):

(a) Bilateral or multilateral environmental studies, relevant or related to the 

proposed action, by the United States and one or more foreign nations, or by an 
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8-3

international body or organization in which the United States is a member or 

participant; or

(b) A concise review of the environmental issues involved, including EAs, 

summary environmental analyses, or other appropriate documents; and

(3) For major Federal actions outside the United States, its territories and possessions 

which significantly affect natural or ecological resources of global importance or 

protected by international agreements as set forth in Paragraph 8-4.a(5) -- an EIS, 

bilateral or multilateral environmental studies, or a concise review of environmental 

issues.

e. An agency need not prepare a new document to comply with Executive Order 12114

when a document described in Paragraph 8-4.d already exists.

f. The responsible FAA official must first coordinate communications concerning 

environmental studies or documentation with API, followed by the State Department 

through the DOT Office of the Assistant Secretary for Transportation Policy (P-1). 

g. With respect to requests for FAA action, after the State Department’s notification, all 

FAA requests to a foreign applicant for information the FAA needs to prepare an 

environmental study or an EIS should be forwarded through the civil aviation authority of 

the applicant’s government. Copies of the environmental study or EIS and notices of any

public hearings planned on the proposed action should be furnished to the:

(1) applicant;

(2) appropriate foreign civil aviation authority; 

(3) Washington, D.C., embassy for the country where the applicant is located or the 

country that the proposed action would affect; 

(4) API; and

(5) AEE-400.

h. Other environmental laws, regulations, and Executive Orders have specific 

requirements regarding consideration of potential effects of Federal actions overseas. 

Important examples include, but are not limited to, the following:

(1) Under Executive Order 12088, Federal Compliance with Pollution Control 

Standards, 43 Federal Register 47707 (October 13, 1978), the FAA must ensure that 

construction or operation of FAA facilities outside the United States complies with 

the environmental pollution control standards of general applicability in the host 

country or jurisdiction.

(2) Under section 402 of the National Historic Preservation Act (16 U.S.C. § 470a-2), 

“[p]rior to the approval of any Federal undertaking outside the United States which 

may directly and adversely affect a property which is on the World Heritage List or 

on the applicable country’s equivalent of the National Register [of Historic Places], 

the head of a Federal agency having direct or indirect jurisdiction over such 

undertaking shall take into account the effect of the undertaking on such property for 

purposes of avoiding or mitigating any adverse effect.”
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8-4

i. Any substantial differences arising in the course of the environmental study or EIS 

between the originating FAA organization and a foreign applicant or the affected foreign 

country should be referred to AEE (for proposed Airport actions, APP-400), which will 

consult with APL to resolve any problems.

8-5. Emergency Actions. Emergency circumstances may require immediate actions that 

preclude following standard NEPA processes. In the event of emergency circumstances, the 

LOB/SO should coordinate with AEE and AGC-600 as soon as practicable. When time permits, 

environmental documentation should be prepared in accordance with this Order. Immediate 

emergency actions necessary to protect the lives and safety of the public should never be delayed 

in order to comply with NEPA. These actions should be taken as soon as is necessary to ensure 

the protection and safety of the public. Alternative arrangements for NEPA compliance are 

permitted for emergency actions. These alternative arrangements are limited to those actions that 

are necessary to control the immediate impacts of the emergency.

a. CATEXs. Where emergency circumstances make it necessary to take an action

before a determination is made regarding whether an extraordinary circumstance would 

preclude the use of a CATEX, the responsible FAA official must make the determination 

as soon as practicable. If an extraordinary circumstance exists, the responsible FAA 

official must comply with Paragraphs 8-5.b or 8-5.c below, as applicable. 

b. Environmental Assessments. Where emergency circumstances make it necessary to 

take an action that requires an EA before the EA can be completed, the responsible FAA 

official must consult with AEE and Office of Chief Counsel, Airports and Environmental 

Law Division (AGC-600) to develop alternative arrangements to meet the requirements 

of this Order and CEQ Regulations pertaining to EAs. Alternative arrangements should 

focus on minimizing adverse environmental consequences of the FAA’s action and the 

emergency. To the maximum extent practicable, these alternative arrangements should 

include the public notification and involvement that would normally be undertaken for an 

EA for the action at issue. The Director of AEE may grant an alternative arrangement. 

Any alternative arrangement must be documented. AEE will inform CEQ of the 

alternative arrangements at the earliest opportunity.

c. Environmental Impact Statements. CEQ may grant alternative arrangements for, but 

not eliminate, NEPA compliance where emergency circumstances make it necessary to 

take actions with significant environmental impacts without observing other provisions of 

the CEQ Regulations (see 40 CFR § 1506.11, CEQ Regulations). In these situations, the 

processing times may be reduced or, if the emergency situation warrants, preparation and 

processing of EISs may be abbreviated. A request for alternative arrangements must be 

submitted to CEQ. Before doing so, the responsible FAA official must consult with APL

and the AGC-600 for evaluation to ensure national consistency. For projects undertaken 

by an applicant, the responsible FAA official will inform AEE and AGC-600 about the 

emergency. AEE will notify the Office of the Assistant Secretary for Transportation 

Policy (P-1) of any such situations and will consult CEQ about alternative arrangements 

for complying with NEPA. 

8-6. Review of Other Agencies’ National Environmental Policy Act Documents. 

a. Other Federal, state, or local agencies, or tribes, may consult the FAA for assistance 

in analyzing environmental impacts that fall within the FAA’s functional area of 
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8-5

responsibility. The FAA should provide its expertise on proposals affecting aviation and 

other FAA responsibilities as follows:

(1) Comments will be specific in nature and organized in a manner consistent with 

the structure of the NEPA document and may identify alternatives or modifications 

that might enhance environmental quality or avoid or minimize adverse 

environmental impacts, and will correct inaccuracies or omissions.

(2) Any agency project that is environmentally or functionally related to the proposed 

action in the NEPA document should be identified so that inter-relationships can be 

discussed in the NEPA document. In such cases, the agency should consider serving 

as a joint lead agency or cooperating agency.

(3) Environmental monitoring for which the agency has special expertise may be 

suggested and encouraged during construction, startup, or operation phases.

(4) Other agencies will generally be requested to forward their NEPA documents 

directly to the appropriate FAA Regions, Centers, or Service Areas. The following 

types of matters, however, will be referred to the appropriate LOB/SO in Washington 

headquarters for comment: actions with national policy implications; proposed 

actions that involve natural, ecological, cultural, scenic, historic, or park or recreation 

resources of national significance; legislation; or regulations having national impacts, 

or national program proposals. Draft EISs in these categories must also be referred to 

Office of the Assistant Secretary for Transportation Policy (P-1) for preparation of 

DOT comments. In referring these matters to headquarters, the region or center is 

encouraged to prepare a proposed Departmental response.

(5) Regions, Centers, or Service Areas review NEPA documents that do not have 

national implications. Comments will be forwarded directly to the office that the 

originating agency designates for receipt of comments. If the FAA receiving office 

believes that another DOT office also has an interest or is in a better position to 

respond, the FAA office should transmit the NEPA document to the appropriate DOT 

office in a timely fashion. If the FAA and other DOT administrations comment at the 

regional level, the Regional Administrator or designee may coordinate the comments. 

(6) When appropriate, the FAA will coordinate a response with DOT offices having 

special expertise in the subject matter.

(7) Comments will be submitted within the time limits set forth in the request, unless 

the office responsible for submitting comments seeks and receives an extension of 

time. Comments must be concise and specify any changes desired either in the action 

proposed and/or in the environmental statement.

b. In accordance with 40 CFR § 1503.2, CEQ Regulations, the FAA must comment on 

draft EISs prepared by other Federal agencies if the FAA has jurisdiction by law or 

special expertise with respect to any environmental impact involved or is authorized to 

develop and enforce environmental standards (e.g., 14 CFR part 36). In these situations, 

the responsible FAA official may, if appropriate, reply that the FAA has no comment. If 

the FAA is acting as a cooperating agency, the responsible FAA official should, if 

satisfied that the FAA's views are adequately reflected in the environmental document, 

reply that the FAA has no comment. If the responsible FAA official or AEE prepares 
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8-6

comments that request additional information, the request should be as timely and 

specific as possible, indicating what additional information the FAA needs to fulfill other 

applicable environmental reviews or consultation requirements. If the responsible FAA 

official or AEE objects or expresses a reservation about the proposed action based on 

potential environmental impacts, the FAA reply must specify what mitigation measures it 

considers necessary to allow the LOB/SO to grant or approve applicable permit, license, 

or related requirements or concurrences.

8-7. Adoption of Other Agencies’ National Environmental Policy Act Documents. The 

FAA may adopt, in whole or in part, another agency’s draft or final EA, the EA portion of 

another agency’s EA/FONSI, or EIS in accordance with 40 CFR § 1506.3 of the CEQ 

Regulations and the following procedures: 

a. The responsible FAA official must determine, based on an independent evaluation, 

that the document, or portion(s) thereof, to be adopted: (1) adequately address(es) the 

relevant FAA action(s); and (2) meet(s) the applicable standards (i.e., for an EA or EIS) 

in the CEQ Regulations and this Order. When the FAA is a cooperating agency, the 

responsible FAA official must also confirm that the FAA’s comments and suggestions 

regarding the adopted document have been satisfied. In adopting all or part of another 

agency’s NEPA document, the FAA takes full responsibility for the scope and content 

that addresses the relevant FAA action(s). To the extent that another agency’s NEPA 

document does not adequately address the FAA’s proposed action or meet the applicable 

standards in the CEQ Regulations and this Order, the EA or EIS must be supplemented.

b. If the responsible FAA official does not accept an EA or EIS prepared by another 

agency, the responsible FAA official must specify in its comments to that agency whether 

the FAA needs any additional information (including information relating to other 

applicable environmental reviews or consultation requirements) or describe the 

mitigation measures the FAA considers necessary to grant or approve an applicable 

permit, license, or related requirements or concurrences. If the responsible FAA official 

comments on the action agency's predictive methodology, the responsible FAA official 

should describe any preferred alternative methodology and explain why the FAA prefers 

this methodology.

c. If more than three years have elapsed since the other agency issued its FONSI or its

EIS, the responsible FAA official must prepare a written re-evaluation of the relevant 

portion of the other agency’s EA or EIS in accordance with the procedures of Paragraph 

9-2, Written Re-evaluations. 

d. Before the FAA adopts all or part of another agency’s EA or EIS, the document or 

portion thereof to be adopted must be reviewed by AGC-600 (for actions approved at 

FAA Headquarters) or Regional Counsel to determine if it is legally sufficient for 

adoption purposes. This requirement applies to an EA for an airport action only if the 

action: (1) is opposed by a Federal, state, or local agency or a tribe on environmental 

grounds, or opposed by a substantial number of people the project affects; (2) would 

affect resources protected under Section 106 of the National Historic Preservation Act, 16 

U.S.C. § 470f; or (3) involves a determination of use of resources protected under Section 

4(f). When another agency requests that the FAA be a cooperating agency, or the 

responsible FAA official otherwise anticipates adoption of another agency’s EA or EIS, 
07/25/13 Draft Order 1050.1F

8-7

the responsible FAA official should consult with AGC-600 or Regional Counsel, as 

appropriate, as soon as possible regarding the timing and extent of the legal review. 

e. After adopting all or part of another agency’s NEPA document, the FAA must issue 

its own FONSI or FONSI/ROD (for EAs) or ROD (for EISs). The FONSI or ROD must 

identify, and may summarize, the portion(s) of the document being adopted. The FONSI

or ROD must also include documentation of the FAA’s independent evaluation of the 

adopted portion(s). 

f. If the FAA is a cooperating agency on another agency’s EIS and concludes that its 

comments and suggestions on the EIS have been satisfied, it may adopt the EIS, or a 

portion thereof, without recirculating it (see 40 CFR § 1506.3(c), CEQ Regulations). If 

the FAA is not a cooperating agency, it must recirculate the adopted EIS, or portion 

thereof, in accordance with 40 CFR § 1506.3(b), CEQ Regulations.

g. The FAA must notify EPA when it adopts an EIS prepared by another agency (see 

Amended Environmental Impact Statement Filing System Guidance for Implementing 40 

CFR 1506.9 and 1506.10 of the Council on Environmental Quality's Regulations 

Implementing the National Environmental Policy Act, 76 Federal Register 2681 (January

14, 2011)).

8-8. Council on Environmental Quality Referrals. The CEQ may serve as a mediator in 

interagency disagreements over proposed FAA actions that might cause unsatisfactory

environmental effects or actions conducted by other Federal agencies that may affect FAA 

interests. If a commenting agency determines that a proposed FAA action is environmentally

unsatisfactory, the commenting agency may refer the matter to CEQ by delivering the referral to 

CEQ no later than 25 days after publication by EPA of notice that the final EIS is available 

(unless the FAA grants an extension of time under 14 CFR § 1504.3(b), CEQ Regulations). The 

FAA must comply with CEQ’s procedures for making referrals and responding to referrals, 

which are outlined in 40 CFR § 1504.3, CEQ Regulations. The FAA-specific procedures for 

responding to referrals are as follows:

a. If the responsible FAA official receives a notice of intended referral from a 

commenting agency, the responsible FAA official must provide AEE and the Office of 

the Assistant Secretary for Transportation Policy (P-1) with a copy of the notice (FAA 

airports personnel must provide a copy of the referral notice to APP-400). APP-400 will 

then contact AEE and P-1. 

b. Once a referral to CEQ has been made by a commenting agency, the responsible FAA 

official must send a proposed response to AEE within 10 days of the referral. The 

response must fully address the issues raised in the referral and be supported by evidence. 

AEE then obtains P-1’s concurrence on the proposed response (APP-400 must also obtain 

P-1 concurrence for Airports’ actions). This response then must be sent to CEQ within 

25 days of receipt of the referral.

8-9. -8-50. Reserved.
07/25/13 Draft Order 1050.1F

9-1

Chapter 9: Time Limits, Written Re-Evaluations, and

Supplemental National Environmental Policy Act Documents

9-1. Time Limits. There are established time limits for EAs and EISs consistent with time 

limits established in DOT Order 5610.1C. These time limits do not apply to programmatic EAs 

and EISs. 

a. A draft EA may be assumed valid for a period of three years. If the approving official 

has not issued a FONSI within three years of receipt of the final draft EA, a written reevaluation must be prepared in accordance with Paragraph 9-2 of this Order (unless a 

decision has been made to prepare a new or supplemental draft EA).

b. For FONSIs, two time limits are established:

(1) if major steps toward implementation of the proposed action (such as the start 

of construction, substantial acquisition, or relocation activities) have not 

commenced within three years from the date of issuance of the FONSI, a written 

re-evaluation must be prepared in accordance with Paragraph 9-2 of this Order 

(unless a decision has been made to prepare a new or supplemental EA).

(2) if the proposed action is to be implemented in stages or requires successive 

Federal approvals, a written re-evaluation of the continued adequacy, accuracy, 

and validity of the EA must be made at each major approval point that occurs 

more than three years after issuance of the FONSI and a new or supplemental EA 

prepared, if necessary.

c. A draft EIS may be assumed valid for a period of three years. If the proposed final 

EIS is not submitted to the approving official within three years from the date of the 

draft EIS circulation, a written re-evaluation must be prepared in accordance with 

Paragraph 9-2 of this Order (unless a decision has been made to prepare a new or 

supplemental draft EIS).

d. For final EISs, two time limits are established:

(1) if major steps toward implementation of the proposed action (such as the start 

of construction, substantial acquisition, or relocation activities) have not 

commenced within three years of approval of the final EIS, a written reevaluation must be prepared in accordance with Paragraph 9-2 of this Order 

(unless a decision has been made to prepare a new or supplemental EIS).

(2) if the proposed action is to be implemented in stages or requires successive 

Federal approvals, a written re-evaluation of the continued adequacy, accuracy, 

and validity of the EIS must be made at each major approval point that occurs 

more than three years after approval of the final EIS and a new or supplemental 

EIS prepared, if necessary.

9-2. Written Re-Evaluations. A written re-evaluation is a document used to determine 

whether the contents of a previously prepared environmental document (i.e., a draft or final EA 

or EIS) remain valid or a new or supplemental environmental document is required. There is no 

specified format for a written re-evaluation. 
07/25/13 Draft Order 1050.1F

9-2

a. Unless a decision has been made to prepare a new or supplemental EA or EIS, the 

responsible FAA official must prepare a written re-evaluation if required under Paragraph 

8-7.c or 9-1 of this Order.

b. The responsible FAA official may also prepare a written re-evaluation in other 

circumstances. Such circumstances may include: (1) a need to determine whether the 

contents of an environmental document remain valid, regardless of time limits, or (2) lack 

of clear and convincing evidence that major steps toward implementation of the proposed 

action have commenced. 

c. A new or supplemental EA or EIS need not be prepared if a written re-evaluation 

indicates that:

(1) the proposed action conforms to plans or projects for which a prior EA and 

FONSI has been issued or a prior EIS has been filed and there are no substantial 

changes in the action that are relevant to environmental concerns;

(2) data and analyses contained in the previous EA and FONSI or EIS are still 

substantially valid and there are no significant new circumstances or information 

relevant to environmental concerns and bearing on the proposed action or its impacts; 

and

(3) pertinent conditions and requirements of the prior approval have been, or will be, 

met in the current action.

d. The responsible FAA official must sign the written re-evaluation. Written reevaluations should be reviewed internally and may be made public at the discretion of the 

responsible FAA official. 

e. There may be instances where it would be appropriate for the responsible FAA 

official to issue a separate formal decision document in connection with a written reevaluation (i.e., a “WR/ROD”). A WR/ROD might be appropriate, for example, where 

there is substantial controversy regarding the need for a supplemental EA or EIS. A 

WR/ROD may also be appropriate when the written re-evaluation involves an action 

covered in an EA where any of the factors listed in Paragraphs 6-4.a.(1)-(4) apply. When 

there is doubt whether a WR/ROD is appropriate, the responsible FAA official should 

consult with AGC-600 or Regional Counsel.

9-3. Supplemental Environmental Assessments and Environmental Impact Statements. 

The responsible FAA official must prepare a supplemental EA, draft EIS, or final EIS if either of 

the following occurs: (1) there are substantial changes to the proposed action that are relevant to 

environmental concerns, or (2) there are significant new circumstances or information relevant to 

environmental concerns and bearing on the proposed action or its impacts. Significant 

information is information that paints a dramatically different picture of impacts compared to the 

description of impacts in the EA or EIS. The FAA also may prepare supplements when the 

purposes of NEPA will be furthered by doing so. If a supplement changes a FONSI or a ROD, 

the FAA must issue a new FONSI or ROD. 

a. The FAA prepares, circulates, issues, and files, as appropriate, a supplement to an 

EA, draft EIS, or final EIS in the same fashion as the original EA, draft EIS, or final EIS, 

unless alternative procedures are approved by CEQ. If, however, there are compelling 
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9-3

reasons of national policy to shorten time periods, the FAA must consult with the EPA 

(see Paragraph 7-1.2.i). Scoping may be considered, but is not required.

b. If a new ROD is required, it cannot be issued sooner than 30 days after the NOA of 

the supplemental EIS has been published in the Federal Register.

9-4. -9-50. Reserved.
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10-1

Chapter 10: Review and Approval of National Environmental Policy Act Documents

10-1. General. The FAA’s internal review process is a means of coordinating the review of 

NEPA documents among appropriate management levels and across LOB/SOs. Internal review 

is to ensure that: (1) NEPA documents are technically and legally sufficient; (2) the concerns of 

other FAA offices and any related foreseeable agency actions by other FAA offices are properly 

discussed in NEPA documents; and (3) any commitments that are the responsibility of other 

FAA offices are coordinated with the appropriate action office so that these commitments will be 

implemented. LOB/SOs should have in place processes to provide evidence of appropriate 

coordination and legal sufficiency review. The responsible FAA official must contact affected 

LOB/SOs for guidance on program-specific coordination procedures. This Order establishes 

special instructions for proposed actions that cross regional boundaries or LOBs and final EISs 

that are highly controversial (see Paragraph 10-4.c). 

10-2. Review and Approval of Environmental Assessments, Findings of No Significant 

Impact, and Findings of No Significant Impact/Records of Decision.

a. EAs and FONSIs Originating and Approved in FAA Regions, Centers, or Service 

Areas. The NEPA lead in the Region, Center, or Service Area must coordinate review of 

the EA and FONSI with affected LOB/SOs. The NEPA lead must also coordinate legal 

sufficiency review of the EA and FONSI with applicable Regional or Center Counsel; 

however, for airport actions, Regional Counsel legal sufficiency review is only required if 

the action: (1) is opposed by a Federal, state, or local agency or a tribe on environmental 

grounds or opposed by a substantial number of people the project affects; (2) would 

affect resources protected under Section 106 of the National Historic Preservation Act, 16 

U.S.C. § 470f; or (3) involves a determination of use of resources protected under Section 

4(f). Following coordination with interested LOB/SOs and any required legal sufficiency

review, the approving official may approve and sign the FONSI. 

b. EAs and FONSIs Originating or Approved in Washington, D.C. Headquarters. The 

NEPA lead LOB/SO must coordinate review of the EA and FONSI with affected 

LOB/SOs. The NEPA lead must also coordinate legal sufficiency review of the EA and 

FONSI with AGC; however, for airport actions, legal sufficiency review is only required 

if the action: (1) is opposed by a Federal, state, or local agency or a tribe on 

environmental grounds or opposed by a substantial number of people the project affects; 

(2) would affect resources protected under Section 106 of the National Historic 

Preservation Act, 16 U.S.C. § 470f; or (3) involves a determination of use of resources 

protected under Section 4(f). Following coordination and any required legal sufficiency

review by AGC, the approving official may approve and sign the FONSI. 

c. Supplemental EAs. For supplemental EAs, the NEPA lead should follow the 

coordination procedures described in Paragraphs 10-2.a and 10-2.b. 

d. FONSI/RODs. The NEPA lead must coordinate review of the FONSI/ROD with 

affected LOB/SOs and AGC (or Regional or Center Counsel for FONSI/RODs

originating in FAA Regions, Centers, or Service Areas); however, for airport actions, 

legal sufficiency review is only required if the action: (1) is opposed by a Federal, state, 

or local agency or a tribe on environmental grounds or opposed by a substantial number 

of people the project affects; (2) would affect resources protected under Section 106 of 
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10-2

the National Historic Preservation Act, 16 U.S.C. § 470f; or (3) involves a determination 

of use of resources protected under Section 4(f). Following coordination and review for 

legal sufficiency, the decisionmaker may approve and sign the FONSI/ROD. When the 

FAA prepares a FONSI/ROD for a proposed action meeting the criteria described in 

Paragraph 6-4.a and where the proposed action crosses regional boundaries or involves 

more than one LOB, the Regional Administrator, Center Director, or Service Area 

Director must sign the decision documents. When the FAA prepares a FONSI/ROD for a 

proposed action that crosses regional boundaries or involves more than one LOB, but that 

does not meet the criteria described in Paragraph 6-4.a, the decisionmaker for the NEPA 

lead in the region, center, or service area may sign the decision document provided that 

the decisionmaker for any other office with an action covered by the FONSI also signs 

the grid indicating concurrence.

e. Request to Waive Review. Regional Counsel and/or AGC review of an EA and 

FONSI can be waived for LOBs other than ARP as long as the proposed action is not 

opposed on environmental grounds by a Federal, state, or local government, or by a tribe. 

At the regional level, a Division Manager may request a waiver of Regional Counsel’s 

legal sufficiency review. Such requests must be submitted to AGC-600, as only AGC600 may waive Regional Counsel’s review of an EA and FONSI. At the headquarters 

level, AGC may waive its review of an EA and FONSI upon request by a Program or 

Office Director.

10-3. Review and Approval of Draft Environmental Impact Statements. 

a. Draft EISs Originating in Regions, Centers, or Service Areas (Except Those Having 

National Interest or Involving Section 4(f) Determinations). The NEPA lead Region, 

Center, or Service Area must coordinate review of the preliminary draft EIS or its 

relevant parts with affected LOB/SOs, with the appropriate LOB/SO (e.g., APP-400 for 

airport program draft EISs), and with Regional or Center Counsel for legal sufficiency

review. Following coordination and legal sufficiency review, the responsible FAA 

official may publish, distribute, and file the draft EIS with the EPA.

b. Draft EISs Originating in Washington, D.C. Headquarters, Having National Interest, 

or Involving Section 4(f) Determinations. The NEPA lead LOB/SO must coordinate 

review of the preliminary draft EIS or its relevant parts with affected LOB/SOs and with 

AGC for legal sufficiency review. Following coordination and legal sufficiency review, 

the responsible FAA official may publish, distribute, and file the draft EIS with the EPA.

10-4. Review and Approval of Final Environmental Impact Statements. 

a. Final EISs Originating in Regions, Centers, or Service Areas.

(1) Where authority to approve the final EIS is in the Region, Center, or Service 

Area. The NEPA lead Region, Center, or Service Area must coordinate review of the 

final EIS with affected LOB/SOs and Regional or Center Counsel for legal 

sufficiency review. Following coordination and review for legal sufficiency, the 

approving official may approve, sign, and file the final EIS with the EPA. If 

headquarters concurrence is required by an LOB/SO on a final EIS, the NEPA lead 

must obtain that concurrence prior to approval. 
07/25/13 Draft Order 1050.1F

10-3

(2) Where authority to approve the final EIS is retained in Washington, D.C. 

Headquarters. The NEPA lead must coordinate the final EIS with affected LOB/SOs 

and AGC for legal sufficiency review and concurrence. Unless specifically 

requested, coordination with AEE is not required; however, the responsible FAA 

official must provide AEE with a copy of the final EIS for informational purposes. 

Following AGC legal sufficiency review and concurrence, the approving official may

approve and sign the final EIS, and the responsible FAA official may file the final 

EIS with the EPA. 

b. Final EISs Originating in Washington, D.C. Headquarters. The NEPA lead LOB/SO 

must coordinate the final EIS with affected LOB/SOs and AGC for legal sufficiency

review. Unless specifically requested, coordination with AEE is not required; however, 

the responsible FAA official must provide AEE with a copy of the final EIS for 

informational purposes. Following AGC legal sufficiency review, the approving official 

may approve and sign the final EIS, and the responsible FAA official may file the final 

EIS with the EPA.

c. Highly Controversial Final EISs. If a final EIS is highly controversial, AEE must 

notify P-1 and the DOT Office of General Counsel (C-1) that the final EIS is under 

review and must provide each with a copy of the summary section of the final EIS. P-1 

and C-1 must also be given at least two weeks’ notice before approval of the highly 

controversial final EIS.

10-5. Review and Approval of Supplemental Environmental Impact Statements. For 

supplemental EISs, the NEPA lead should follow the coordination procedures described in 

Paragraphs 10-4.a, and 10-6.a, as applicable. 

10-6. Review and Approval of Records of Decision. 

a. RODs originating in Regions, Centers, or Service Areas.

(1) Where authority to approve the ROD is in the Region, Center, or Service Area. 

The NEPA lead Region, Center, or Service Area must coordinate review of the ROD 

with affected LOB/SOs and Regional or Center Counsel for legal sufficiency review. 

Following coordination and review for legal sufficiency, the decisionmaker may

approve and sign the ROD. If headquarters concurrence is required by an LOB/SO 

on a ROD, the NEPA lead must obtain that concurrence prior to approval of the 

ROD. For proposed actions that cross regional boundaries or involves more than one 

LOB, the Regional Administrator is responsible for signing the ROD. 

(2) Where authority to approve the ROD is retained in Washington, D.C. 

Headquarters. The NEPA lead must coordinate the ROD with affected LOB/SOs and

AGC for legal sufficiency review. Unless specifically requested, coordination with 

AEE is not required; however, the responsible FAA official must provide AEE with a 

copy of the ROD for informational purposes. Following legal sufficiency review, the 

decisionmaker may approve and sign the ROD. 

b. RODs originating in Washington, D.C. Headquarters. The NEPA lead LOB/SO must 

coordinate the ROD with affected LOB/SOs and AGC for legal sufficiency review. 

Unless specifically requested, coordination with AEE is not required; however, the 

responsible FAA official must provide AEE with a copy of the ROD for informational 
07/25/13 Draft Order 1050.1F

10-4

purposes. Following legal sufficiency review, the decisionmaker may approve and sign 

the ROD. 

10-7. -10-50. Reserved.
07/25/13 Draft Order 1050.1F

11-1

Chapter 11: Administrative Information

11-1. Distribution. Notice of promulgation and availability of this Order is distributed to the 

FAA Assistant or Associate Administrators and their office and service directors, the Chief 

Operating Officer and vice-presidents of ATO, and the Chairs of the Environmental Network. 

This Order should be forwarded to all division and facility managers and NEPA practitioners. 

A member of the public may obtain an electronic copy of this Order using the Internet by: 

a. Searching the Federal eRulemaking Portal at http://www.regulations.gov;

b. Visiting the FAA’s Regulations and Policies website at 

http://www.faa.gov/regulations_policies/; or

c. Accessing the Government Printing Office’s website at 

http://www.gpoaccess.gov/fr/index.html.

A member of the public who does not have access to the Internet or is not able to use an 

electronic version may obtain a CD or hard copy of this Order, for a fee, by sending a request to 

the FAA, Office of Rulemaking (ARM-1), 800 Independence Avenue S.W., Washington, DC 

20591, or by calling (202) 267-9680. Requestors should identify the docket number, notice 

number, or change number of this Order. 

A member of the public may also access all documents the FAA considered in developing this 

Order through the Internet via the Federal eRulemaking Portal referenced in Paragraph 11-1.a.

11-2. Authority to Change This Order. 

a. FAA Administrator. The Administrator reserves the authority to establish or change 

policy, delegate authority, or assign responsibility. 

b. Executive Director of the Office of Environment and Energy (AEE-1). AEE-1 has 

the authority to add new chapters or appendices or change existing chapters or 

appendices after appropriate coordination with internal stakeholder organizations. AEE-1 

also has the authority to update and amend the 1050.1F Desk Reference. 

c. Organizational Elements. Changes proposed by an organizational element within the 

FAA must be submitted to AEE-1, who will evaluate, or assign a designee to evaluate the 

changes for incorporation. The LOB/SO must provide AEE with a memorandum 

describing the proposed change, a detailed justification for the change, and comments 

from other program offices if the proposed changes or revisions affect them. 

11-3. Process for Changing This Order. When a change or revision is substantial, AEE must, 

in addition to the formal clearance procedures prescribed in FAA Order 1320.1, FAA Directives 

Management, formally coordinate with AGC, the Office of the Assistant Secretary for 

Transportation Policy (P-1), and the Office of the General Counsel (C-1), consult with CEQ, and

then publish the proposed change or revision in the Federal Register for public comment. After 

receiving all required FAA and DOT concurrences and after a finding of conformity is made by 

CEQ in accordance with 40 CFR § 1507.3(a), CEQ Regulations, the FAA may publish the final 

change or revision in the Federal Register and implement the revised Order.

11-4. Explanatory Guidance. FAA LOB/SOs may develop program-specific explanatory

guidance (e.g., orders or guidance documents) consistent with the CEQ Regulations and this 
07/25/13 Draft Order 1050.1F

11-2

Order (see 40 CFR § 1507.3, CEQ Regulations). All FAA LOB/SOs that have previously issued 

such explanatory guidance must update those documents to be consistent with this Order. This 

Order supersedes any inconsistent explanatory guidance.

a. A LOB/SO must consult with AEE and AGC-600 in developing explanatory

guidance related to this Order. The LOB/SO must submit its proposed explanatory

guidance to AEE and AGC for a 60-day review period. If AEE-1 finds the explanatory

guidance to be consistent with this Order, after joint consultation with AGC for legal 

sufficiency, AEE will notify the LOB/SO and the LOB/SO may adopt its final 

explanatory guidance.

b. LOB/SOs are encouraged to publish an NOA and request for comment on proposed 

explanatory guidance in the Federal Register, and take other steps to seek public input 

during the development of explanatory guidance. If an LOB/SO chooses to publish its 

explanatory guidance in the Federal Register, that office must notify the parties with 

whom it has consulted and publish availability of that explanatory guidance in the 

Federal Register.

11-5. Definitions. 

a. The definitions in part 1508 of the CEQ Regulations and in Title 49 and Title 51 of 

the U.S.C. are applicable to this Order. 

b. In addition, this paragraph defines basic terms used throughout this Order, as follows:

(1) Applicant. A person, entity, organization, or government agency seeking the 

FAA’s approval of a major Federal action. Examples include, but are not limited to, 

airport sponsors, grant applicants, airlines, and commercial space license and permit 

applicants.

(2) Approving Official. The FAA official with authority to approve and sign FONSIs 

or EISs. LOB/SOs should designate approving officials consistent with FAA Order 

1100.154, Delegations of Authority, and any other applicable FAA directives. 

(3) Commercial Space Launch Site. The location on earth from which a commercial 

space launch takes place (as defined in a license the Secretary of Transportation 

issues or transfers under FAA Commercial Space Transportation Regulations, 14 

CFR parts 400-460) and necessary facilities at that location.

(4) Decisionmaker. The FAA official with authority to approve and sign a ROD or 

other type of formal decision document for the FAA. LOB/SOs should designate 

decisionmakers consistent with Paragraph 10-6 of this Order, FAA Order 1100.154, 

Delegations of Authority, and any other applicable FAA directives. 

(5) Environmental Studies. The investigation of potential environmental impacts.

(6) Human Environment. Includes the natural and physical environment and the 

relationship of people with that environment. This means that economic or social 

effects are not intended by themselves to require preparation of an environmental 

impact statement. When an EIS is prepared and economic or social and natural or 

physical environmental effects are interrelated, then the EIS will discuss all of these 

effects on the human environment (see 40 CFR § 1508.14, CEQ Regulations).
07/25/13 Draft Order 1050.1F

11-3

(7) NEPA Lead. The FAA LOB/SO, Regional Operating Division, Center, or 

Service Area that has primary responsibility for complying with NEPA, including 

preparation and approval of NEPA documents. 

(8) Noise Sensitive Area. An area where noise interferes with normal activities

associated with its use. Normally, noise sensitive areas include residential, 

educational, health, and religious structures and sites, and parks, recreational areas, 

areas with wilderness characteristics, wildlife refuges, and cultural and historical 

sites. For example, in the context of noise from airplanes and helicopters, noise 

sensitive areas include such areas within the DNL 65 dB noise contour. Individual, 

isolated, residential structures may be considered compatible within the DNL 65 dB 

noise contour where the primary use of land is agricultural and adequate noise 

attenuation is provided. Also, transient residential use such as motels should be 

considered compatible within the DNL 65 dB noise contour where adequate noise 

attenuation is provided. A site that is unacceptable for outside use may be compatible 

for use inside of a structure, provided adequate noise attenuation features are built 

into that structure (see table 1 in Appendix A of 14 CFR part 150, Airport Noise 

Planning, Land Use Compatibility Guidelines). The FAA recognizes that there are 

settings where the DNL 65 dB standard may not apply. In these areas, the 

responsible FAA official will determine the appropriate noise assessment criteria 

based on specific uses in that area (see also the 1050.1F Desk Reference for further 

guidance). In the context of facilities and equipment, such as emergency generators 

or explosives firing ranges, but not including aircraft, noise sensitive areas may

include such sites in the immediate vicinity of operations, pursuant to the Noise 

Control Act of 1972, 42 U.S.C. §§ 4901–4918 (see state and local ordinances, which 

may be used as guidelines for evaluating noise impacts from operation of such 

facilities and equipment).

(9) Responsible FAA Official. The FAA employee designated with overall 

responsibility to independently evaluate the environmental issues, furnish guidance 

and participate in the preparation of NEPA documents and evaluate and take 

responsibility for the scope and content of the documents. 

(10) Special Purpose Laws and Requirements. Federal laws, regulations, and orders

that protect certain aspects of the environment (e.g., air quality, water quality, 

wetlands, endangered species, and historic sites). The FAA must comply with 

applicable special purpose laws and requirements in addition to NEPA. The 1050.1F 

Desk Reference provides more information on these items and how to address their 

requirements for all FAA organizations. 

(11) Tribe. An American Indian or Alaska Native Tribe, Band, Nation, Pueblo, 

Village, or Community the Secretary of the Interior recognizes as an Indian Tribe 

under the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. § 479a. A 

Federally Recognized Tribe is eligible for the programs, services, and other 

government-to-government relationships established by the United States for Indians 

because of their status as Indian Tribes. The DOI, Bureau of Indian Affairs, 

annually publishes a list of Federally Recognized Tribes in the Federal Register and 

maintains this list on its website. The term “tribe” may also refer to state-recognized 
07/25/13 Draft Order 1050.1F

11-4

tribes under specific authorities for certain DOT programs, especially related to 

surface transportation that may be associated with a particular FAA project.

11-6. -11-50. Reserved.
07/25/13 Draft Order 1050.1F

Appendix A

A-1

Appendix A. Acronym List

ABU - Office of Budget

ACHP - Advisory Council on Historic Preservation

ACR - Office of Civil Rights

ADs - Airworthiness Directives

ADIZ - Air Defense Identification Zone

AEDT - Aviation Environmental Design Tool

AEE - Office of Environment and Energy

AEE-1 - Director of the Office of Environment and Energy

AFN - Office of Finance and Management

AGC - Office of Chief Counsel

AGC-200 - Dockets 

AGC-600 - Office of Chief Counsel, Airports and Environmental Law Division

AGI - Office of Government and Industry Affairs

AGL - Above Ground Level

AHR - Office of Human Resource Management

AHT - Office of Learning and Development

AIP - Airport Improvement Program

ALP - Airport Layout Plan

ALS - Approach lighting systems

ANG - Office of NextGen

ANSI/IEE - American National Standards Institute/Institute of Electrical and Electronic

Engineers

AOC - Office of Communications

APA - Aerobatic Practice Area 

API - Office of International Aviation

APL - Office of Policy, International Affairs, and Environment

APP-400 - Office of Airports, Airport Planning and Environmental Division

ARM-1 - Office of Rulemaking

ARP - Office of Airports

ARSR - Air Route Surveillance Radar

ARTCC - Air Route Traffic Control Centers
07/25/13 Draft Order 1050.1F

Appendix A

A-2

ASDE - Airport Surface Detection Equipment

ASH - Office of Security and Hazardous Materials

ASOS - Automatic Surface Observing System

ASR - Airport Surveillance Radar

AST - Office of Commercial Space Transportation

ATCB - Air Traffic Control Beacons

ATCBI - Air Traffic Control Beacon Interrogator

ATCT - Airport Traffic Control Towers

ATO - Air Traffic Organization

AVS - Office of Aviation Safety

AWOS - Automated Weather Observing System

C-1 - Department of Transportation Office of General Counsel

C-40 - Department of Transportation Assistant General Counsel for Legislation 

CATEX - Categorical Exclusion

CEQ - Council on Environmental Quality

CFR - Code of Federal Regulations

CMEL - Center for Management and Executive Leadership

DARC - Direct Access Radar Channel

dB - Decibel

DNL - Day-Night Average Sound Level

DOC - U.S. Department of Commerce

DOE - U.S. Department of Energy

DOI - U.S. Department of the Interior

DOT - U.S. Department of Transportation

DVOR - Doppler VOR

EA - Environmental Assessment

EIS - Environmental Impact Statement

EMAS - Engineered Material Arresting System

EMS - Environmental Management System

EPA - U.S. Environmental Protection Agency

FAA - Federal Aviation Administration

FHWA - Federal Highway Administration
07/25/13 Draft Order 1050.1F

Appendix A

A-3

FICON - Federal Interagency Committee on Noise

FMS - Flight Management System

FONSI/ROD - Finding of No Significant Impact/Record of Decision

FTA - Federal Transit Administration

FSS - Flight Service Station

GPS - Global Positioning System

ILS - Instrument Landing System

INM - Integrated Noise Model

IR MTR - Instrument Flight Rules Military Training Route

LAAS - Local Area Augmentation System

LEIS - Legislative Environmental Impact Statement

LLWAS - Low Level Wind Shear Alert System

LOB/SO - Line(s) of Business/Staff Office(s) 

MOU - Memorandum of Understanding

MSA - Metropolitan Statistical Area

MERF - Mobile Emergency Radar Facilities

NAAQS - National Ambient Air Quality Standards

NAS - National Airspace System

NCP - Noise Compatibility Programs

NEPA - National Environmental Policy Act

NEXRAD - Next Generation Radar

NextGen - Next Generation Air Transportation System

NIRS - Noise Integrated Routing System

NOA - Notice of Availability

NOI - Notice of Intent

NOTAMs - Notices to Airmen

NPDES - National Pollutant Discharge Elimination System

NPIAS - National Plan of Integrated Airport Systems

NPS - National Park Service

NRHP - National Register of Historic Places 

NST - Noise Screening Tool

P-1 - Office of the Assistant Secretary for Transportation Policy
07/25/13 Draft Order 1050.1F

Appendix A

A-4

P-30 - Office of Safety, Energy, and Environment

PVD - Plan View Displays

PFC - Passenger Facility Charge

PRM - Precision Runway Monitor

RBDE - Radar Bright Display Equipment

RCAG - Remote Center Air/Ground Communication Facility

RCO - Remote Communications Outlet

RFP - Request for Proposal

RNAV/RNP - Area Navigation/Required Navigation Performance

ROD - Record of Decision

RPZ - Runway protection zone

RSA - Runway safety area

RT/R - Remote Transmitter/Receiver

RVR - Runway Visual Range

SAP - Sampling and Analysis Plan

SAWS - Stand Alone Weather Sensors

SHPO - State Historic Preservation Officer

SUA - Special Use Airspace

TACAN - Tactical Aircraft Control and Navigation

TDWR - Terminal Doppler Weather Radar

THPO - Tribal Historic Preservation Officer

TSO’s - Technical standard orders

U.S.C. - United States Code

UST - Underground storage tank

VOR - Very High Frequency Omnidirectional Range

VORTAC - Co-located VOR and TACAN (See VOR and TACAN)

VOT - VOR Test Facility (See VOR)

WAAS - Wide Area Augmentation System

WR - Written Re-evaluation

WR/ROD - Written Re-evaluation/Record of Decision
07/25/13 Draft Order 1050.1F

Appendix B

B-1

Appendix B. Federal Aviation Administration Requirements for Assessing 

Impacts Related to Noise and Noise-Compatible Land Use and Section 4(f) of the 

Department of Transportation Act (49 U.S.C. § 303)

This appendix contains the Federal Aviation Administration (FAA) requirements for Noise and 

Noise-Compatible Land Use as well as compliance with Section 4(f), and describes related 

requirements to provide appropriate context. These requirements are also included in the 

1050.1F Desk Reference, which provides comprehensive guidance regarding the analysis of 

effects in specific environmental impact categories. Practitioners should use the 1050.1F Desk 

Reference in analyzing these impacts. 

B-1. Noise and Noise-Compatible Land Use

For aviation noise analyses, the FAA has determined that the cumulative noise energy exposure 

of individuals to noise resulting from aviation activities must be established in terms of Yearly

Day Night Average Sound Level (DNL), the FAA’s primary noise metric. The FAA also 

recognizes Community Noise Equivalent Level (CNEL) as an alternative metric for California. 

The compatibility of existing and planned land uses with proposed aviation actions is usually

determined in relation to the level of aircraft noise. Federal compatible land use guidelines for a 

variety of land uses are provided in Table 1 in Appendix A of 14 CFR part 150, Land Use 

Compatibility with Yearly Day-Night Average Sound. These guidelines are included in the Noise 

and Noise-Compatible Land Use Chapter of the 1050.1F Desk Reference. 

No noise analysis is needed for projects involving Design Group I and II airplanes (wingspan 

less than 79 feet) in Approach Categories A through D (landing speed less than 166 knots) 

operating at airports whose forecast operations in the period covered by the NEPA document do 

not exceed 90,000 annual propeller operations (247 average daily operations) or 700 annual jet 

operations (2 average daily operations). Also, no noise analysis is needed for projects involving 

existing heliports or airports whose forecast helicopter operations in the period covered by the 

NEPA document do not exceed 10 annual daily average operations with hover times not 

exceeding 2 minutes. 

B-1.1. Aircraft Noise Screening.

Aircraft noise screening may rule out the need for more detailed noise analysis and provide 

documented support for a Categorical Exclusion (CATEX) if screening shows no potential for 

significant noise impacts. The FAA has multiple noise screening tools (NSTs) and 

methodologies. A list of available FAA screening tools is provided in the 1050.1F Desk 

Reference. To use screening tools or equivalent screening methodologies that are not listed in 

the 1050.1F Desk Reference, prior written approval from the Office of Environment and Energy

(AEE) is required.

B-1.2. Federal Aviation Administration Approved Models for Detailed Noise Analysis.

AEE has approved models for use for detailed noise analysis. Prior written approval from AEE 

is required to use another equivalent methodology or computer model. When requesting the use 

of an alternative model, justification of appropriateness of the use of that model over the use of 

the models listed in the 1050.1F Desk Reference is necessary. Unless it can be justified, all noise 

analyses must be performed using the standard and default data. Modification to standard or 
07/25/13 Draft Order 1050.1F

Appendix B

B-2

default data in FAA-approved models requires prior written approval from AEE. Guidance for 

submitting changes to the standard or default data is included in the 1050.1F Desk Reference.

Input documentation for the noise analysis with one copy of the input data files and 

corresponding output files used in the noise analysis should be provided to the responsible FAA 

official on electronic media specified by that official. If other equivalent methodologies or the 

use of non-standard or non-default data are approved, a description of the methodology or 

additional, non-standard or non-default data must be submitted along with a copy of AEE’s 

approval.

Noise monitoring data is not required for FAA noise analyses, but may optionally be included in 

a National Environmental Policy Act (NEPA) document. Noise monitoring data should not be 

used to calibrate the noise model.

B-1.3. Affected Environment.

The study area for noise is the three dimensional geographic area with the potential to be 

impacted by noise from the proposed project. The study area can vary in size from an airport’s

environs to a larger scale airspace redesign. An airport environs study area must be large enough 

to include the area within the DNL 65 decibels (dB) contour, and may be larger. The study area 

for the noise analysis of a proposed change in air traffic procedures or airspace redesign may

extend vertically from the ground to 10,000 feet above ground level (AGL), or up to 18,000 feet 

AGL if the proposed action or alternative(s) are over a national park or wildlife refuge where 

other noise is very low and a quiet setting is a generally recognized purpose and attribute. 

Noise compatibility or non-compatibility of land use is determined by comparing the aircraft 

DNL values at a site to the values in the land use compatibility guidelines in 14 Code of Federal 

Regulations (CFR) part 150, Appendix A, Table 1. Special consideration may need to be given 

to whether the land use compatibility categories described in the guidelines are appropriate when 

the study area for noise analysis includes properties of unique significance such as national 

parks, national wildlife refuges, and tribal sacred sites. For example, the land use categories in 

the guidelines are not sufficient to determine the noise compatibility of areas within a national 

park or national wildlife refuge where other noise is very low and a quiet setting is a generally 

recognized purpose and attribute. In addition, if local land use jurisdictions have adopted local 

noise and land use compatibility standards that differ from the FAA’s land use compatibility

guidelines in 14 CFR part 150, Appendix A, Table 1, the local standards must be disclosed in the 

NEPA documentation. Pertinent land use plans and a general overview of existing and planned 

uses of the land should be described.

The description of current noise conditions includes:

 DNL contours or noise grid receptor points showing existing aircraft noise levels. Noise 

exposure contours must include DNL 65, 70, and 75 dB levels (additional contours may

be provided on a case-by-case basis). Noise grids are sized to cover the study area for 

noise analysis. Multiple grids may be created, but at least one grid consists of population 

centroids from the U.S. Census. The differences in noise analysis for proposed airport 

development and other actions in the immediate vicinity of an airport and for air traffic 

airspace and procedure actions in a larger study area are described more fully in the 

1050.1F Desk Reference under the Environmental Consequences paragraph (section 

11.3).
07/25/13 Draft Order 1050.1F

Appendix B

B-3

 The number of residences or people residing within each noise contour where aircraft 

noise exposure is at or above DNL 65 dB; or for a larger scale air traffic airspace and 

procedure action, the population within areas exposed at or above DNL 65 dB, at or 

above DNL 60 but less than DNL 65 dB, and at or above DNL 45 dB but less than DNL 

60 dB.

 The location and number of noise sensitive uses in addition to residences (e.g., schools, 

hospitals, parks, recreation areas) within the area to be analyzed for noise.

 Maps and other means to depict land uses within the noise study area. The addition of 

flight tracks is helpful. Illustrations should be sufficiently large and clear to be readily 

understood.

The description of current noise conditions is usually confined to aircraft noise. However, the 

inclusion of other noise data, such as background or ambient noise or notable levels of noise in 

the study area from other sources (e.g., highways, industrial uses) is appropriate where such 

noise data is pertinent to understanding the affected environment and to considering the 

environmental consequences of the proposed action and alternative(s).

B-1.4. Environmental Consequences.

The environmental consequences section of the NEPA document will include the analysis of the 

potential noise impacts of the proposed action and alternative(s) for each timeframe evaluated. 

The noise analysis will include DNL contours, grid point, and/or change-of-exposure analysis for 

the proposed action and each alternative compared to the no action alternative for the same 

future timeframe. 

For proposed airport development and other actions in the immediate vicinity of an airport, the 

FAA-approved model is used to provide noise exposure contours at the DNL 65, 70, and 75 dB 

levels (additional contours may be provided on a case-by-case basis). For all comparisons 

analyzed, the analysis will identify noise increases of DNL 1.5 dB or more over noise sensitive 

areas that are exposed to noise at or above the DNL 65 dB noise exposure level, or that would be 

exposed at or above the DNL 65 dB level due to a 1.5 dB or greater increase, when compared to 

the no action alternative for the same timeframe.

For actions in the immediate vicinity of an airport, the following information must be disclosed 

for each modeled scenario that is analyzed:

 The number of residences or people residing within each noise contour where aircraft 

noise exposure is at or above DNL 65 dB and the net increase or decrease in the number 

of people or residences exposed to that level of noise;

 The location and number of noise sensitive uses in addition to residences (e.g., schools, 

hospitals, parks, recreation areas) exposed to DNL 65 dB or greater;

 The identification of noise sensitive areas where noise is projected to increase by DNL 3 

dB or more within the DNL 60-65 dB contours, only when DNL 1.5 dB increases are 

documented within the DNL 65 dB contour;

 Discussion of the noise impact on noise sensitive areas within the DNL 65 dB contour; 

and
07/25/13 Draft Order 1050.1F

Appendix B

B-4

 Maps and other means to depict land uses within the noise study area. The addition of 

flight tracks is helpful. Illustrations should be sufficiently large and clear to be readily 

understood.

For air traffic airspace and procedure actions where the study area is larger than the immediate 

vicinity of an airport, incorporates more than one airport, and/or includes actions above 3,000 

feet AGL, an FAA-approved model must be used. The noise analysis will focus on a change-inexposure analysis, which examines the change in noise levels as compared to population and 

demographic information at population points throughout the study area. This is normally a 

noise grid analysis. Multiple grids may be created, but at least one grid consists of population 

centroids from the U.S. Census. Grid points can also represent select noise sensitive area(s) or 

comprise a general receptor grid over the study area, either densely or sparsely spaced. Noise 

contours may be created; however, noise contours are not required and are not normally used for 

the analysis of larger scale air traffic airspace and procedure actions. If the study encompasses a 

large geographical area, it is not recommended that contours be created for the representation of 

results below DNL 55 dB due to fidelity of receptor sets needed to create an accurate 

representation of the contour.

For air traffic airspace and procedure actions done with the above analysis, change-of-exposure 

tables and maps at population centers and noise sensitive areas (e.g., residences, schools, 

churches, hospitals, parks and recreation areas) using the following criteria are provided to 

identify noise sensitive areas where noise will change by the following specified amounts:

 For DNL 65 dB and higher: +1.5 dB

 For DNL 60 dB to <65 dB: +3 dB

 For DNL 45 dB to <60 dB: +5 dB

The identification of noise increases that would constitute a significant impact is the same as 

described above for actions in the immediate vicinity of an airport. 

The noise compatibility of land use is determined by comparing the aircraft DNL values at a site 

to the values in the land use compatibility guidelines in 14 CFR part 150, Appendix A, Table 1. 

Special consideration may need to be given to whether the land use compatibility categories 

described in the guidelines are appropriate when the study area for noise analysis includes 

properties of unique significance such as national parks, national wildlife refuges, and tribal 

sacred sites. For example, the land use categories in the guidelines are not sufficient to 

determine the noise compatibility of areas within a national park or national wildlife refuge 

where other noise is very low and a quiet setting is a generally recognized purpose and attribute.

B-1.5. Significance Determination.

Exhibit 4-1 of FAA Order 1050.1F provides the FAA’s significance threshold for noise: The 

action would increase noise by DNL 1.5 dB or more for a noise sensitive area that is exposed to 

noise at or above the DNL 65 dB noise exposure level, or that will be exposed at or above this 

level due to the increase, when compared to the no action alternative for the same timeframe. 

For example, an increase from DNL 65.5 dB to 67 dB is considered a significant impact, as is an 

increase from DNL 63.5 dB to 65 dB. Special consideration needs to be given to the evaluation 

of the significance of noise impacts on noise sensitive areas within national parks, national 

wildlife refuges, and historic sites, including traditional cultural properties. For example, the 
07/25/13 Draft Order 1050.1F

Appendix B

B-5

DNL 65 dB threshold does not adequately address the effects of noise on visitors to areas within 

a national park or national wildlife refuge where other noise is very low and a quiet setting is a 

generally recognized purpose and attribute. 

When the proposed action or alternative(s) would result in a significant noise increase and is 

highly controversial on this basis, the EIS should include information on the human response to 

noise that is appropriate for the proposal under analysis. Inclusion of data on background or 

ambient noise, as well as other noise in the area, may be helpful. 

Compatible or non-compatible land use is determined by comparing the aircraft DNL values at a 

site to the values in the part 150 land use compatibility guidelines (see Exhibit 11-3). Part 150 

guidelines include uses that may be protected under Section 4(f). The part 150 guidelines may

be used to determine the significance of noise impacts on properties protected under Section 4(f) 

to the extent that the land uses specified bear relevance to the value, significance, and enjoyment 

of the lands in question. Special consideration needs to be given to whether part 150 land use 

categories are appropriate for evaluating noise impact on unique and sensitive Section 4(f) 

properties. For example, the part 150 land use categories are not sufficient to determine the 

noise compatibility of areas within a national park or national wildlife refuge where other noise 

is very low and a quiet setting is a generally recognized purpose and attribute, or to address noise 

effects on wildlife. When instances arise in which aircraft noise is a concern with respect to 

wildlife impacts, available studies dealing with specific species should be reviewed and used in 

the analysis. With respect to historic sites, the FAA may rely upon the part 150 guidelines to 

determine noise impacts on historic properties that are in use as residences. However, the part 

150 guidelines may not be sufficient to determine the impact of noise on historic properties 

where a quiet setting is a generally recognized purpose and attribute, such as a historic village 

preserved specifically to convey the atmosphere of rural life in an earlier era or a traditional 

cultural property.

If the noise and noise-compatible land use analysis concludes that there is no significant impact, 

usually a similar conclusion may be drawn with respect to land use in general. However, if the 

proposal would result in other impacts that have land use ramifications, for example, disruption 

of communities, relocation, or induced socioeconomic impacts, the effects on land use should be 

analyzed in this context and described accordingly under the appropriate impact category.

B-1.6. Supplemental Noise Analysis.

DNL analysis may optionally be supplemented on a case-by-case basis to characterize specific 

noise effects. There is no single supplemental methodology that is preferable in all situations 

and these metrics often do not reflect the magnitude, duration, or frequency of the noise events 

under study. 

In special circumstances, the FAA will consider use of appropriate supplemental noise analysis 

in consultation with the officials having jurisdiction for national parks, national wildlife refuges, 

and historic sites including traditional cultural properties where a quiet setting is a generally 

recognized purpose and attribute that the FAA identifies within the study area of a proposed 

action or alternative(s). Such supplemental noise analysis is not, by itself, a measure of adverse 

aircraft noise or significant aircraft noise impact. The Line(s) of Business/Staff Office(s) 

(LOB/SOs) within the FAA must consult with and receive approval from AEE in determining 

the appropriate supplemental noise analysis for use in such cases. 
07/25/13 Draft Order 1050.1F

Appendix B

B-6

Potential metrics for supplemental noise analyses are listed in the 1050.1F Desk Reference.

B-1.7. Noise from Sources Other than Aircraft Departures and Arrivals.

For some noise analyses, it may be necessary to include noise sources other than aircraft 

departures and arrivals in the noise analysis. Some examples are engine run-ups, aircraft taxiing, 

construction noise, and noise from related roadway work and roadway noise. The inclusion of 

these sources should be considered on a case-by-case basis, as appropriate.

If engine run-ups or aircraft taxiing noise are analyzed as part of the study, an FAA-approved 

model must be used. If an alternative model or methodology is desired, prior AEE approval is 

needed. To conduct an analysis of surface transportation impacts, including construction noise, a 

noise analysis should be conducted using accepted highway noise methodologies such as the 

Federal Highway Administration’s Procedures for Abatement of Highway Traffic Noise and 

Construction Noise (see 23 CFR part 772).

B-1.8. 14 CFR Part 150 Noise Proposals.

If the proposal requiring an Environmental Assessment (EA) or Environmental Impact Statement 

(EIS) is the result of a recommended noise mitigation measure included in an FAA-approved 

part 150 noise compatibility program (NCP), the noise analysis developed in the program will 

normally be incorporated in the EA or EIS. The responsible FAA official must determine 

whether this is sufficient for EA or EIS noise analysis purposes.

B-1.9. Airport Actions.

For airport actions, documentation must be included to support the required airport sponsor’s 

assurance under 49 United States Code (U.S.C.) § 47107(a)(10), formerly Section 511(a)(5) of 

the Airport and Airway Improvement Act of 1982, that appropriate action, including the 

adoption of zoning laws, has been or will be taken, to the extent reasonable, to restrict the use of 

land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible 

with normal airport operations, including takeoff and landing of aircraft. The assurance must be 

related to existing and planned land uses. The NEPA document should address what is being 

done by the jurisdiction(s) with land use control authority, including an update on any prior 

assurance.

B-1.10. Commercial Space.

If the project involves commercial space launch vehicles reaching supersonic speeds, the 

potential for sonic boom impacts should be discussed.7

B-1.11. Facility and Equipment Noise Emissions.

For facility and equipment noise emissions, the provisions of the Noise Control Act of 1972 (42 

U.S.C. § 4901-4918), as amended, apply. State and local standards can be used as a guide for 

particular activities if these standards are at least as stringent as Federal standards. 

 

7

Please note that part 91 prohibits supersonic flight for civil aircraft. Part 91, Appendix B provides guidance for 

applying for a special flight authorization to exceed Mach 1.
07/25/13 Draft Order 1050.1F

Appendix B

B-7

B-1.12. Flight Standards.

B-1.12.1. Operations Specifications.

In preparing a noise analysis, the Flight Standards District Office personnel normally will collect 

information from the operator that includes the airport, types of aircraft and engines, number of 

scheduled operations per day, and the number of day/night operations. The information should 

also include the operator’s long-range plans and operation assumptions that are sufficiently 

conservative to encompass reasonably foreseeable changes in operations.

If the carrier declines to furnish the information, or if the furnished information on operations at 

the airport does not realistically address night operations (in view of the carrier’s proposal and 

pattern of activity at that airport), or if the information otherwise patently understates the 

potential operations (when compared with carrier’s operations at other airports or with other 

carrier’s operations at that airport), the responsible FAA official will develop an operational 

assumption that includes night operations and is otherwise consistent with the typical operations 

of similar carriers at similar airports. This operational assumption will be used in the NEPA 

review after coordination with the affected air carrier. If the air carrier objects to the use of this 

operational assumption in the NEPA review, the carrier may specify that a lesser level of 

operations be used in the analysis, provided that the carrier agrees that this lesser level will serve 

as a limit on the operations specifications. If the carrier refuses such a limitation, the FAA will 

include all reasonably foreseeable operations in the analysis. In this situation, the NEPA review 

should state that the operational assumption was developed solely for the purpose of 

environmental analyses and that it is not to be viewed as a service commitment by the carrier.

If an EIS is required, the affected operator should be advised as soon as possible and should be 

requested to provide any additional required information. District Office personnel will 

coordinate, as necessary, any activity with the operator. The operations specifications will not be 

approved until all issues and questions associated with the EIS are fully resolved and the regional 

Flight Standards Division manager has concurred with the approval.

B-1.12.2. Aerobatic Practice Areas.

Due to the unique nature of the practice routines used in aerobatic practice areas (APA), the 

standard and default data in the Integrated Noise Model (INM) is not appropriate for use when 

modeling the noise consequences of the aircraft performing in the APA. For guidance on 

performing noise analysis for APAs, see the October 17, 2012 FAA guidance memorandum 

titled, “Approval of Aerobatic Practice Area (APA) noise equivalent methodology”.

B-1.13. Mitigation.

Common measures to mitigate noise are listed in the 1050.1F Desk Reference.

Local land use actions are within the purview of local governments. The FAA encourages local 

governments to take actions to reduce and prevent land uses around airports that are not 

compatible with airport operation and aircraft noise. Airports receiving grant funding have a 

compatible land use obligation. 

When a noise analysis in the immediate vicinity of an airport identifies noise sensitive areas that 

would have an increase of DNL 3 dB or more from DNL 60 dB up to DNL 65 dB noise 

exposure, the potential for mitigating noise in those areas should be considered, including 
07/25/13 Draft Order 1050.1F

Appendix B

B-8

consideration of the same range of mitigation options available at DNL 65 dB and higher and 

eligibility for Federal funding. This is not to be interpreted as a commitment to fund or 

otherwise implement mitigation measures in any particular area. (FICON page 3-7.) 

B-2. Section 4(f), 49 U.S.C. § 303

Section 4(f) of the U.S. Department of Transportation Act of 1966 (49 U.S.C. § 303) protects 

significant publicly owned parks, recreational areas, wildlife and waterfowl refuges, and public 

and private historic sites. Section 4(f) provides that the Secretary of Transportation will not 

approve any program or project that requires the use of any publicly owned land from a public 

park, recreation area, or wildlife or waterfowl refuge of national, state, or local significance, or 

land from any publicly or privately owned historic site of national, state, or local significance, 

unless there is no feasible and prudent alternative to the use of such land or such program and the 

project includes all possible planning to minimize harm resulting from the use.

The Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA) 

issued Section 4(f) implementing regulations in 23 CFR part 774 that are not binding on the 

FAA. However, the FAA may use them as guidance to the extent relevant to aviation. 

Section 4(f) applies only to agencies within the U.S. Department of Transportation (DOT). 

Following consultation and assessment of potential impacts, the FAA is solely responsible for 

Section 4(f) applicability and determinations for projects within its purview. If the FAA is 

engaged with a non-DOT agency on the NEPA review of a proposed project involving Section 

4(f), the FAA must take the lead on Section 4(f) compliance. 

B-2.1. Affected Environment.

FAA should identify as early as practicable in the planning process section 4(f) properties that 

implementation of the proposed action and alternative(s) could affect.

A property must be a significant resource for Section 4(f) to apply. Any part of a Section 4(f) 

property is presumed to be significant unless there is a statement of insignificance relative to the 

entire property by the Federal, state, or local official having jurisdiction over the property. Any 

statement of insignificance is subject to review by the FAA. 

Section 4(f) protects only those historic or archeological properties that are listed, or eligible for 

inclusion, on the National Register of Historic Places (NRHP), except in unusual circumstances. 

Historic sites are normally identified during the process required under Section 106 of the 

National Historic Preservation Act, 16 U.S.C. § 470f, and its implementing regulations (36 CFR 

part 800). If an official formally provides information to indicate that a historic site not on or 

eligible for inclusion on the NRHP is significant, the responsible FAA official may determine 

that it is appropriate to apply Section 4(f). If the responsible FAA official finds that Section 4(f) 

does not apply, the NEPA document should include the basis for this finding (which may be 

based on reasons why the property was not eligible for the NRHP). 

Where Federal lands are administered for multiple uses, the Federal official having jurisdiction 

over the lands shall determine whether the lands are in fact being used for park, recreation, 

wildlife, waterfowl, or historic purposes. National wilderness areas may serve similar purposes 

and shall be considered subject to Section 4(f) unless the controlling agency specifically 

determines that the lands are not being used for Section 4(f) purposes.
07/25/13 Draft Order 1050.1F

Appendix B

B-9

When a property is owned by and currently designated for use by a transportation agency and a 

park or recreation use of the land is being made only on an interim basis, the property would not 

ordinarily be considered to be subject to Section 4(f). The responsible FAA official or applicant 

should ensure that any lease or agreement includes specific terms clarifying that the use of the 

property for a park or recreational purpose is temporary. A use that extends over a period of 

years may be sufficiently long that it would no longer be considered to be interim or temporary, 

if challenged.

Where the use of a property is changed by a state or local agency from a Section 4(f) type use to 

a transportation use in anticipation of a request for FAA approval, Section 4(f) will be considered 

to apply, even though the change in use may have taken place prior to the request for approval or 

prior to any FAA action on the matter. This is especially true where the change in use appears to 

have been undertaken in an effort to avoid the application of Section 4(f).

B-2.2. Environmental Consequences.

An initial assessment should be made to determine whether the proposed action and 

alternative(s) would result in the use of any of the properties to which Section 4(f) applies. If 

Section 4(f) physical use or constructive use is involved, as further described in B-2.2.1 and B2.2.2 below, the potential effects of the proposed action and alternative(s) on the Section 4(f) 

property must be described in detail. The description of the Section 4(f) property should include 

the location, size, activities, patronage, access, unique or irreplaceable qualities, relationship to 

similarly used lands in the vicinity, jurisdictional entity, and other factors necessary to 

understand and convey the extent of the effects on the resource. Maps, plans, photos, or 

drawings may assist in describing the property and understanding the potential use, whether 

physical taking or constructive use. Any statements regarding the property’s significance by

officials having jurisdiction should be documented and attached.

B-2.2.1. Physical Use of Section 4(f) Property.

There would be a Section 4(f) use if the proposed action or alternative(s) would involve an actual 

physical taking of Section 4(f) property in conjunction with the project through purchase of land 

or a permanent easement, physical occupation of a portion or all of the property, or alteration of 

structures or facilities on the property. 

A temporary occupancy of a Section 4(f) property for project construction-related activities is 

usually so minimal that it does not constitute a use within the meaning of Section 4(f). However, 

a temporary occupancy would be considered a use if:

 the duration of the occupancy of the Section 4(f) property is greater than the time needed 

to build a project and there is a change in ownership of the land, 

 the nature and magnitude of changes to the 4(f) property are more than minimal,

 anticipated permanent adverse physical impacts would occur and a temporary or 

permanent interference with Section 4(f) activities or purposes would occur, 

 the land use is not fully returned to existing condition, or 

 there is no documented agreement with appropriate agencies having jurisdiction over the 

Section 4(f) property.
07/25/13 Draft Order 1050.1F

Appendix B

B-10

If a project would physically occupy an NRHP-listed or eligible property containing 

archeological resources that warrant preservation in place, there would be a Section 4(f) use. 

However, although there may be some physical taking of land, Section 4(f) does not apply to 

NRHP-listed or eligible archeological properties where the responsible FAA official, after 

consultation with the State Historic Preservation Officer (SHPO)/Tribal Historic Preservation 

Officer (THPO), determines that the archeological resource is important chiefly for data recovery

and is not important for preservation in place. 

B-2.2.2. Constructive Use of Section 4(f) Property.

Use, within the meaning of Section 4(f), includes not only the physical taking of such property, 

but also “constructive use.” The concept of constructive use is that a project that does not 

physically use land in a park, for example, may still, by means of noise, air pollution, water 

pollution, or other impacts, dissipate its aesthetic value, harm its wildlife, restrict its access, and 

take it in every practical sense. Constructive use occurs when the impacts of a project on a 

Section 4(f) property are so severe that the activities, features, or attributes that qualify the 

property for protection under Section 4(f) are substantially impaired. Substantial impairment 

occurs only when the protected activities, features, or attributes of the Section 4(f) property that 

contribute to its significance or enjoyment are substantially diminished. This means that the 

value of the Section 4(f) property, in terms of its prior significance and enjoyment, is 

substantially reduced or lost. For example, noise would need to be at levels high enough to have 

negative consequences of a substantial nature that amount to a taking of a park or portion of a 

park for transportation purposes. 

The responsible FAA official must consult all appropriate Federal, state, and local officials 

having jurisdiction over the affected Section 4(f) resources when determining whether projectrelated impacts would substantially impair the resources. Following consultation and assessment 

of potential impacts, the FAA is solely responsible for Section 4(f) applicability and 

determinations. 

The land use compatibility guidelines in 14 CFR part 150 (the part 150 guidelines) may be relied 

upon by the FAA to determine whether there is a constructive use under Section 4(f) where the 

land uses specified in the part 150 guidelines are relevant to the value, significance, and 

enjoyment of the Section 4(f) lands in question. The FAA may rely on the part 150 guidelines in 

evaluating constructive use of lands devoted to traditional recreational activities. The FAA may

primarily rely upon the day night average sound levels (DNL) in part 150 rather than single event 

noise analysis because DNL: (1) is the best measure of significant impact on the quality of the 

human environment, (2) is the only noise metric with a substantial body of scientific data on the 

reaction of people to noise, and (3) has been systematically related to Federal compatible land 

use guidelines.

The FAA may also rely on the part 150 guidelines to evaluate impacts on historic properties that 

are in use as residences. The part 150 guidelines may be insufficient to determine the noise 

impact on historic properties where a quiet setting is a generally recognized purpose and 

attribute, such as a historic village preserved specifically to convey the atmosphere of rural life in 

an earlier era or a traditional cultural property. If architecture is the relevant characteristic of a 

historic neighborhood, then project-related noise would not substantially impair the 

characteristics that led to eligibility for or listing on the NRHP. As a result, noise would not 

constitute a constructive use, and Section 4(f) would not be triggered. A historic property would 
07/25/13 Draft Order 1050.1F

Appendix B

B-11

not be used for Section 4(f) purposes when the FAA issues a finding of no historic properties 

affected or no adverse effect under Section 106 of the National Historic Preservation Act, 16 

U.S.C. § 470f. Findings of adverse effects do not automatically trigger Section 4(f) unless the 

effects would substantially impair the affected resource’s historical integrity. Although there 

may be some physical taking of land, Section 4(f) does not apply to NRHP-listed or eligible 

archeological properties where the responsible FAA official, after consultation with the 

SHPO/THPO, determines that the archeological resource is important chiefly for data recovery

and is not important for preservation in place. 

When assessing use of Section 4(f) properties located in a quiet setting and where the setting is a 

generally recognized feature or attribute of the site’s significance, the FAA carefully evaluates 

reliance on part 150 guidelines. The FAA must weigh additional factors in determining whether 

to apply the thresholds listed in the part 150 guidelines to determine the significance of noise 

impacts on noise sensitive areas within national parks, national wildlife refuges, and historic sites 

including traditional cultural properties. The FAA may use the part 150 land use compatibility

table as a guideline to determine the significance of noise impacts on Section 4(f) properties to 

the extent that the land uses specified bear relevance to the value, significance, and enjoyment of 

the lands in question. However, the part 150 guidelines may not be sufficient for all historic sites 

as described above, and the part 150 guidelines do not adequately address the effects of noise on 

the expectations and purposes of people visiting areas within a national park or national wildlife 

refuge where other noise is very low and a quiet setting is a generally recognized purpose and 

attribute. When determining constructive use, noise resulting from the proposed project would 

need to be at levels high enough to have negative consequences of a substantial nature that 

amount to a taking of a park or portion of a park for transportation purposes.

B-2.2.3. De Minimis Impact Determination.

The FAA may make a de minimis impact determination with respect to a physical use of Section 

4(f) property if, after taking into account any measures to minimize harm, the result is either:

 a determination that the project would not adversely affect the activities, features, or 

attributes qualifying a park, recreation area, or wildlife or waterfowl refuge for protection 

under Section 4(f); or

 a Section 106 finding of no adverse effect or no historic properties affected.

The FAA’s NEPA document must include documentation sufficient to support the above results, 

including the measures to minimize harm that the FAA is relying on to make the de minimis 

impact determination. The FAA must assure that mitigation measures are implemented. A de 

minimis impact determination is not a full and complete Section 4(f) evaluation. It does not 

require an analysis and finding that there are no feasible and prudent alternatives or a finding that 

all possible planning has been done to minimize harm.

A de miminis impact determination is not appropriate for constructive use of a Section 4(f) 

property because constructive use is defined as substantial impairment, and substantial 

impairment cannot be considered to be a de minimis impact. 

A de minimis impact determination requires agency coordination and public involvement. For 

parks, recreation areas, and wildlife and waterfowl refuges, the officials with jurisdiction over 

the property must be informed of the FAA’s intent to make a de minimis impact determination, 
07/25/13 Draft Order 1050.1F

Appendix B

B-12

after which the FAA must provide an opportunity for public review and comment. After 

considering any public comments and if the officials with jurisdiction concur in writing that the 

project would not adversely affect the activities, features, or attributes that make the property 

eligible for Section 4(f) protection, the FAA may finalize a de minimis impact determination. 

For historic sites, the FAA must consult the consulting parties identified in accordance with 36 

CFR part 800, and inform the officials with jurisdiction of the intent to make a de minimis impact 

determination and must concur in a finding of no adverse effect or no historic properties affected. 

Compliance with 36 CFR part 800 satisfies the public involvement and agency coordination 

requirement for de minimis findings for historic sites.

B-2.3. Section 4(f) Evaluation.

When a project would involve the use of a Section 4(f) property and the FAA cannot make a de 

minimis impact determination, the FAA must prepare a Section 4(f) evaluation. The FAA should 

incorporate the evaluation into the FAA’s NEPA review and process to the fullest extent 

possible, but may prepare a stand-alone Section 4(f) evaluation (referred to as a Section 4(f) 

statement). 

The Section 4(f) evaluation must sufficiently explain the purpose and need for the project and 

weigh the alternatives in a manner consistent with supporting a no feasible and prudent 

alternatives finding. The evaluation must identify a reasonable range of alternatives, including 

any reasonable alternatives that would avoid using Section 4(f) property. The no action 

alternative is one avoidance alternative. An alternative that would involve any use of Section 

4(f) property is not an avoidance alternative. 

The evaluation must determine if there is a feasible and prudent alternative that would avoid the 

use of the Section 4(f) property. According to the FHWA/FTA regulation at 23 CFR § 774.17:

(1) a feasible and prudent alternative is one that avoids using Section 4(f) property and does 

not cause other severe problems of a magnitude that substantially outweighs the importance 

of protecting the Section 4(f) property. In assessing the importance of protecting the Section 

4(f) property, it is appropriate to consider the relative value of the property (i.e., some 

Section 4(f) properties are worthy of a greater degree of protection than others). 

(2) an alternative is not feasible if it cannot be built as a matter of sound engineering 

judgment. 

(3) an alternative is not prudent if it:

 compromises the project to such a degree that it is unreasonable to proceed with the 

project in view of its stated purpose and need (i.e., the alternative does not address the 

purpose and need of the project);

 results in unacceptable safety or operational problems;

 causes, after reasonable mitigation:

o severe social, economic, or environmental impacts, 

o severe disruption to established communities, 

o severe or disproportionate impacts to minority or low-income populations, or
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Appendix B

B-13

o severe impacts to environmental resources protected under other Federal statutes;

 results in additional construction, maintenance, or operational costs of an 

extraordinary magnitude;

 causes other unique problems or unusual factors; or

 involves multiple factors above that, although individually minor, cumulatively cause 

unique problems or impacts of extraordinary magnitude. 

Supporting documentation is required in the Section 4(f) evaluation for findings of no feasible 

and prudent alternatives. If the Section 4(f) evaluation identifies a feasible and prudent 

alternative that avoids Section 4(f) properties, the FAA may not select an alternative that uses a 

Section 4(f) property. If there is no feasible and prudent alternative that avoids all Section 4(f) 

property, the FAA may approve only the alternative that meets the purpose and need and causes 

the least overall harm to Section 4(f) property. The FHWA/FTA regulation at 23 CFR § 774.3(c) 

identifies the following factors to be balanced in determining the alternative that causes the least 

overall harm: 

 The ability to mitigate adverse impacts to each Section 4(f) property (including any 

measures that result in benefits to the property);

 The relative severity of the remaining harm, after mitigation, to the protected activities, 

attributes, or features that qualify each Section 4(f) property for protection;

 The relative significance of each Section 4(f) property; 

 The views of the official(s) with jurisdiction over each Section 4(f) property;

 The degree to which each alternative meets the purpose and need for the project;

 After reasonable mitigation, the magnitude of any adverse impacts to resources not 

protected by Section 4(f); and

 Substantial differences in costs among the alternatives.

In evaluating the degree of harm to Section 4(f) properties, the FAA will consider the views of 

officials having jurisdiction over each Section 4(f) property. The Section 4(f) evaluation will 

describe how the FAA considered the seven factors to determine the least overall harm, 

including the extent to which each alternative meets the project purpose and need. The final 

Section 4(f) evaluation must document the analysis and identification of the alternative that has 

the least overall harm.

If the Section 4(f) evaluation concludes there are no feasible and prudent alternatives to the use 

of Section 4(f) property, it must also document that the project includes all possible planning to 

minimize harm to Section 4(f) property. As defined in 23 CFR § 774.17, all possible planning

means that all reasonable measures to minimize harm or mitigate adverse impacts must be 

included in the project. Mitigation measures may include those described below. In evaluating 

the reasonableness of measures to minimize harm, the responsible FAA official will consider the 

preservation purpose of the statute, the views of officials having jurisdiction over the Section 4(f) 

property, whether the cost of measures is a reasonable public expenditure in view of the adverse 

impacts on the Section 4(f) property and the benefits of the measures to the property, and 
07/25/13 Draft Order 1050.1F

Appendix B

B-14

impacts or benefits of the measures to communities or environmental resources outside the 

Section 4(f) property. 

B-2.4. Section 4(f) Finding.

In order for the FAA to approve an action that would use Section 4(f) property, the Section 4(f) 

evaluation must conclude with the required finding that there is no feasible and prudent 

alternative that would avoid the use of Section 4(f) property and that the project includes all 

possible planning to minimize harm resulting from the use. Where a Finding of No Significant

Impact (FONSI) is prepared, this finding must be included in the FONSI, if not included in the 

EA (see FAA Order 1050.1F, para. 6-3.b(4)). Where an EIS is prepared, this finding must be 

included in the final EIS if possible, and in the Record of Decision (ROD) (see FAA Order 

1050.1F, paras. 7-1.2.g and 7-2.2.e). When a CATEX is used for an action (see FAA Order 

1050.1F, Chapter 5), the Section 4(f) finding may either be included in documentation prepared 

to support the use of the CATEX (see FAA Order 1050.1F, para. 5-3) or documented separately. 

B-2.5. Section 6(f) Requirements.

A project that would use Section 4(f) parks or recreation areas must also comply with Section 

6(f) of the Land and Water Conservation Fund, 16 U.S.C. §§ 4601-8(f), if the property was 

acquired or developed with financial assistance under the Land and Water Conservation Fund 

State Assistance Program. Section 6(f), administered by the National Park Service (NPS), 

requires that areas funded through the program remain for public outdoor recreation use or be 

replaced by lands of equal value, location, and recreation usefulness.

A request to convert Land and Water Conservation Fund-assisted properties in whole or in part 

to uses other than public outdoor recreation must be submitted to the appropriate NPS Regional 

Director in writing. NPS approval is required to convert Section 6(f) lands. The NPS will 

consider conversion requests if the request complies with Section 4(f), information is provided 

that is needed to make findings required under Section 6(f), and coordination is carried out with 

the NPS and the state agency responsible for the Section 6(f) property. The Section 4(f) 

evaluation should also include evidence that applicable requirements of Section 6(f) have been 

met. 

B-2.6. Significance Determination.

Exhibit 4-1 of FAA Order 1050.1F provides the FAA’s significance threshold for Section 4(f) 

resources. A significant impact would occur when: The action involves more than a minimal 

physical use of a Section 4(f) resource or constitutes a “constructive use” based on an FAA 

determination that the aviation project would substantially impair the Section 4(f) resource. If a 

project would physically use Section 4(f) property, the FAA is responsible for complying with 

Section 4(f) even if the impacts are less than significant for NEPA purposes. 

B-2.7. Mitigation.

Section 4(f) use requires all possible planning to minimize harm. The NEPA document should 

provide detailed measures to minimize harm and include evidence of concurrence or efforts to 

obtain concurrence of appropriate officials having jurisdiction over the affected Section 4(f) 

property regarding such measures. Some examples of potential measures to mitigate impacts to 

Section 4(f) properties include: 
07/25/13 Draft Order 1050.1F

Appendix B

B-15

 changing project design to lessen the impact on the Section 4(f) property;

 replacement of land or facilities (e.g., replacement of a neighborhood park);

 monetary compensation to enhance the remaining segments of the affected Section 4(f) 

property;

 building noise walls or installing visual or vegetative buffers to lessen adverse effects; or 

 enhancing project access the jurisdictional agency supports (i.e., disabled access ramps). 

Mitigation of historic sites usually consists of measures necessary to preserve the historic 

integrity of the site and agreed to in accordance with 36 CFR part 800 by the FAA, the 

SHPO/THPO, and other consulting parties. Equal replacement of a Section 6(f) property that 

will be converted is required to satisfy Section 6(f) requirements. The replacement area must be 

at least equal to that of the converted property, including equal location and usefulness.
07/25/13 Draft Order 1050.1F

Appendix C

C-1

Appendix C. Web Addresses for Cited Publications

The web addresses for hyper-linked publications cited within 1050.1F are provided below. 

 Aviation Streamlining Approval Act of 2003

http://www.gpo.gov/fdsys/pkg/STATUTE-117/pdf/STATUTE-117-Pg2490.pdf

 DOT’s Public Involvement Techniques for Transportation Decision-making

http://www.fhwa.dot.gov/reports/pittd/cover.htm

 DOT Order 5610.2(a), Final DOT Environmental Justice Order, Actions to Address 

Environmental Justice in Minority Populations and Low-Income Populations

http://www.fhwa.dot.gov/environment/environmental_justice/ej_at_dot/order_56102a/ind

ex.cfm

 Environmental Desk Reference for Airport Actions

http://www.faa.gov/airports/environmental/environmental_desk_ref/

 EPA’s Electronic Filing System, e-NEPA

http://www.epa.gov/oecaerth/nepa/submiteis/index.html

 FAA Acquisition Management System Policy, Section 3.1.7, July 2004

http://fasteditapp.faa.gov/ams/do_action?do_action=ListTOC&contentUID=1

 FAA Advisory Circular 150-5200-33, Hazardous Wildlife Attractants On or Near 

Airports 

http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/0/53bdbf1c

5aa1083986256c690074ebab/$FILE/150-5200-33.pdf

 FAA’s Community Involvement Manual, FAA-EE-90-3 

http://www.faa.gov/about/office_org/headquarters_offices/apl/noise_emissions/planning

_toolkit/media/VI.A.pdf

 FAA’s Community Involvement Policy Statement

http://www.faa.gov/air_traffic/publications/atpubs/AIR/airapp10.html

 FAA Order 1050.15, Fuel Storage Tanks at FAA Facilities

http://www.faa.gov/documentLibrary/media/order/energy_orders/1050.15A.pdf

 FAA Order 1100.154, Delegations of Authority

http://rgl.faa.gov/REGULATORY_AND_GUIDANCE_LIBRARY/RGORDERS.NSF/0/

5b3290986c1763598625717f0051c024/$FILE/1100.154a.pdf

 FAA Order 1320.1, FAA Directives Management

http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgOrders.nsf/0/635d123e7f1050418

625728a005dcaba/$FILE/Order%201320.1E.pdf
07/25/13 Draft Order 1050.1F

Appendix C

C-2

 FAA Order 1600.2, Safeguarding Classified National Security Information

http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgOrders.nsf/0/20062dd5aea506728

625759e005c829e/$FILE/ND1600-2E.pdf

 FAA Order 5050.4, National Environmental Policy Act (NEPA) Implementing 

Instructions for Airport Actions

http://www.faa.gov/airports/resources/publications/orders/environmental_5050_4/media/

5050-4B_complete.pdf

 FAA Order 6580.3, The Remote Communications Facilities Installation Standards 

Handbook

https://faaco.faa.gov/attachments/6580_3B-Dec20.pdf

 FAA Order 6820.10, VOR, VOR/DME and VORTAC Siting Criteria

http://www.faa.gov/documentLibrary/media/Order/6820.10.pdf

 FAA Order 6850.2, Visual Guidance Lighting Systems

http://www.faa.gov/documentLibrary/media/Order/FINAL%20FAA%20Order%206850.

2B.pdf

 FAA Order 7400.2, Procedures for Handling Airspace Matters

http://www.faa.gov/documentLibrary/media/Order/7400.2G.pdf
07/25/13 Draft Order 1050.1F

Appendix D

D-1

Appendix D. Federal Aviation Administration Guidance on Third Party

Contracting for Environmental Impact Statement Preparation

1. Introduction.

a. The Council on Environmental Quality’s Regulations for Implementing the Provisions of 

the National Environmental Policy Act (CEQ Regulations), 40 CFR § 1506.5(c) states that 

any environmental impact statement (EIS) prepared pursuant to the requirements of the 

National Environmental Policy Act (NEPA) shall be prepared directly by a lead agency; by a 

cooperating agency upon request of the lead agency; or by a contractor selected by the lead 

or a cooperating agency.

b. The intent of 40 CFR § 1506.5(c), CEQ Regulations, is to avoid conflicts of interest by 

those preparing EISs. Contractors must be able to sign a disclosure statement.

c. The following guidance is provided to ensure the FAA’s continued compliance with the 

CEQ Regulations and NEPA.

2. General Guidance.

a. The FAA must either prepare an EIS in-house (utilizing agency personnel and resources) 

or select a contractor to prepare the EIS. One method of selecting a contractor that may be 

used is known as “third party contracting.”

b. “Third party contracting” refers to the preparation of an EIS by a contractor selected by 

the FAA and under contract to and paid by an applicant. Through the statement of work, the 

contractor is responsible for assisting the FAA in preparing an EIS that meets the 

requirements of the CEQ Regulations, the FAA’s NEPA procedures, and all other 

appropriate Federal, state, and local laws. Since this process is purely voluntary, it is 

recommended that an agreement to use this process, establish a scope of work, and delineate 

the FAA, contractor, and applicant responsibilities be formalized by a Memorandum of 

Understanding (MOU) among the FAA, contractor, and the applicant. In such situations, 

FAA retains oversight of the EIS. CEQ recognizes the third party contracting arrangement as 

a legitimate method of EIS preparation in which the non-Federal applicant actually executes 

the contract and pays for the cost of preparing the EIS (see number 16 in CEQ’s Forty Most 

Asked Questions Concerning CEQ’s National Environmental Policy Act Regulations, 46 

Federal Register 18026 (March 23, 1981) and CEQ Guidance Regarding NEPA Regulations, 

48 Federal Register 34263 (July 28, 1983) available at http://ceq.hss.doe.gov/).

c. The FAA’s selection of a contractor under this process may be pursued by the FAA’s 

evaluation of a pre-selection list (“short list”) of contractors submitted to the FAA by an 

applicant based on their request for proposal (RFP) and evaluation. The applicant may

submit the list of candidates to the FAA ranked according to their evaluation of the 

contractor’s qualifications. The FAA, however, is under no obligation to make a selection 

based on this ranking. The applicant also may submit the list of candidates to the FAA in an 

unranked form. In selecting a contractor, it is recommended that the FAA and the applicant 

follow the selection procedures summarized below: 
07/25/13 Draft Order 1050.1F

Appendix D

D-2

(1) The FAA should provide the proposed scope of work. 

(2) If the applicant prepares a short list of contractors, the FAA should concur with the 

evaluation criteria prepared by the applicant. 

(3) Using the previously agreed upon evaluation criteria, the FAA should independently

evaluate and rank the contractors on the short list in order of preference, based on 

qualifications. 

(4) The FAA should advise the applicant and the contractor of the FAA’s selection, and 

the applicant can then advise and initiate discussions with the selected contractor 

regarding project cost and scope. 

(5) The FAA should prepare an internal selection report for the project administrative 

file, which should include the disclosure statement executed with the selected contractor.

d. Costs for preparing the EIS are paid by the applicant. For airport development projects 

and related activities, the EIS may be funded by either Airport Improvement Plan (AIP) 

funds or local funds including Passenger Facility Charge (PFC) revenues. While AIP funds 

may be used to pay for costs associated with EIS preparation by a contractor selected by the 

FAA, Federal procurement requirements do not apply. Federal agencies are permitted under 

40 CFR part 18 to substitute their judgment for that of the grantee (i.e., airport) if the matter 

is primarily a “Federal concern” (i.e., consultant selection by FAA to comply with the 

requirements of the CEQ Regulations 40 CFR § 1506.5(c) is a “Federal concern”). 

e. Guidance provided in the most current version of FAA Advisory Circular 150/5100-14, 

Architectural, Engineering and Planning Consultant Services for Airport Grants Projects, 

must be followed in selecting a contractor for EIS preparation.

f. When an EIS is prepared by a contractor, the FAA is still responsible for:

(1) Obtaining a “disclosure statement” from the contractor;

(2) Exercising oversight of the contractor to ensure that a conflict of interest does not 

exist;

(3) Taking the lead in the scoping process;

(4) Furnishing guidance and participating in the preparation of the EIS;

(5) Independently evaluating the EIS and verifying environmental information provided 

by the applicant, or others, adding its expertise through review and revision;

(6) Approving the EIS; and 

(7) Taking responsibility for the scope and content of the EIS.
07/25/13 Draft Order 1050.1F

Appendix E

E-1

Appendix E. National Environmental Policy Act Process Flowcharts
07/25/13 Draft Order 1050.1F

Appendix E

E-2

Exhibit E-1. Typical Categorical Exclusion Process
07/25/13 Draft Order 1050.1F

Appendix E

E-3

Exhibit E-2. Typical Environmental Assessment Process
07/25/13 Draft Order 1050.1F

Appendix E

E-4

Exhibit E-3. Typical Environmental Impact Statement Process