Distribution: Electronically Initiated By: AEE - 400

This Order serves as the F ederal Aviation A dministration ’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 appl y t o actions directl y undertaken b y the FAA and where the FAA has sufficient control and responsibility to condition a license or approval of a project undertaken by a non - F ederal entity . The requirements in this Order appl y to, but are not limited to, the following actions: grants, loan s, contracts, leases, construction and installation actions, procedural actions, research activities, rulemaking and regulatory actions, certifications, licensing, permits, plans submitted to the FAA b y state and local agencies for approval, and legislatio n proposed b y the FAA. The Order was last revised in 2006. Th is 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 facilit ate timely , effective, and efficient environmental reviews of FAA actions, including NextGen improvements.

Michael P. Huerta Administrator Effective Date: XX/XX /1 3 **SUBJ:** Environmental I

mpacts: Policies and Procedures **DRA FT**  **ORDER 1050.1F** 07/25 /1 3 Draft Order 1050.1F

i **TA BLE 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 S ys tem ................................ ................................ ....... 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
- 607/25 /1 3 Draft Order 1050.1F **TA BLE OF CONTENTS**  **(continued)** Page

ii 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 A** **ct 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. Earl y Planning
................................ ................................ ................................ ............ 2
- 6 2
- 3.2. Initial Environmental Review
................................ ................................ .................... 2
- 7 2
- 3.3. Environmental Management Sy stem 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
- 1007/25 /1 3 Draft Order 1050.1F **TA BLE OF CONTENTS**  **(continued)** Page

iii 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 L anguage ................................ ................................ ................................ ............... 2
- 13 2
- 7. Li mitations on Actions Involving Real Prope rty Prior to Completing National Environmental Policy

Act Review
................................ ................................ ................. 2
- 13 2
- 8.
- 2
- 50. Reserved
................................ ................................ ................................ .............. 2
- 14 **Chapter 3: Levels of National Environmental Policy A** **ct Review ...........................**  **3 -**  **1** 3
- 1. Three Levels of National Environmental Policy Act Review
................................ .......... 3
- 1 3
- 1.1. Categoricall y Excluded Actions
................................ ................................ ................. 3
- 1 3
- 1.2. Actions Normall y Requiring an Environmental Assessment
................................ ..... 3
- 1 3
- 1.3. Actions Normall y 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. Conte xt and Intensity
................................ ................................ ................................ . 4
- 2 4
- 3.3. Significance Thresholds
................................ ................................ ............................. 4
- 3 4
- 4. Mitigation
................................ ................................ ................................ ....................... 4
- 11 4
- 5. - 4
- 50. Reserved
................................ ................................ ................................ .............. 4
- 12 **Chap ter 5: Categorical Exclusions**  **................................ ................................**  **........... 5**  **- 1**  5 - 1. General
................................ ................................ ................................ .............................. 5 - 107/25 /1 3 Draft Order 1050.1F **TA BLE OF CONTENTS**  **(continued)** Page

iv 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 fo r 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 A ssessments 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 **Chapte r 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 - 1 2 7 - 2.1. Record of Decision Process
................................ ................................ ..................... 7 - 12 7 - 2.2. Record of Decision Content
................................ ................................ ..................... 7 - 12 7 - 2.3. Environmental Commitments
................................ ................................ .................. 7 - 1307/25 /1 3 Draft Order 1050.1F **TA BLE OF CONTENTS**  **(continued)** Page

v 7 - 3.
- 7 - 50. Reserved
................................ ................................ ................................ .............. 7 - 13 **Chapter 8: Federal A**

**viation Ad**  **ministration A ctions 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 **Chapte r 9: Time Limits, Written Re**  **- Evaluations, and Supplemental National**  **Environmental Policy A ct 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 A pproval of National Environm**  **ental Policy A** **ct 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 Environment al 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: A dministrative Information**  **................................ ................................**  **. 11**  **- 1**  11
- 1. Distribution
................................ ................................ ................................ ................... 11
- 1 11
- 2. Authority

to Change This Order
................................ ................................ ................... 11
- 107/25 /1 3 Draft Order 1050.1F **TA BLE OF CONTENTS**  **(continued)** Page

vi 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 **Ap pendix**  **A. A** **cronym List ................................**  **................................ ......................**  **A -**  **1 Ap**  **pendix B. Federal Aviation Ad**  **ministration Requirements for As**  **sessing Impacts Related to Noise and Noise**  **- Compatible Land Use and Section 4(f) of the**  **Department of Transportation A ct (49 U.S.C. § 303)**  **................................ ..............**  **B -**  **1 Ap**  **pendix C. Web A ddresses for Cited Publications**  **................................ .............**  **C -**  **1 Ap**  **pendix D. Federal Aviation Ad**  **ministration Guidance on Third Party**  **Contracting for Environmental Impact Statement Preparation .............................**  **D -**  **1 Ap**  **pendix E. National Environmental Policy Ac**  **t Process Flowch arts**  **................... E**  **- 1** 07/25 /1 3 Draft Order 1050.1F

1 - 1 **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 5610.1 C , 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 imp lementing 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 5610.1 C , and all FAA contractors and appli cants 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**  **T h**  **is Order**  **.** This Order should be cited as FAA O rder 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 responsibili ties 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**  **N ational**  **E nvironmental**  **P olicy**  **A ct**  **and the C ouncil on**  **E nvironmental**  **Q uality**  **Regulations .**  NEPA and the CEQ Regulations establish a broad national policy to prote ct 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 s ys tematic, interdisciplinary approach and develop implementing methods and procedures. Section 102(2)(C) requires detailed analy sis in the form of Environmental Impact Statements (EISs) for proposed major Federal actions07/25 /1 3 Draft Order 1050.1F

1 - 2 significantl y 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 ty picall y 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 b y Federal agencies. The CEQ Regulations direct Federal a gencies 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. F**  **ederal A** **viation A**  **dm inistrat** **ion Policy** 
. The FAA’s primary mission is to provide the safest, most efficient aerospace s ys tem 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, t o 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 Sy stem (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 2 8 , 2012 )
. F AA is using an environmental management s ys tem (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 delay s. 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 Av iation 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 navigation07/25 /1 3 Draft Order 1050.1F

1 - 3 (RNAV) and required navigation performance (RNP) that offer efficiency improvements. In addition, Section 213 of the FAA Modernization and Reform Act of 2012 , Public L aw 112
- 95, established two legislative CATEXs that are included in this Order. For projects subject to expedited environmental review, th e 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 time lines during the review process, improve and expedite interagency

coordination, reduce undue delay s, and emphasize accountability . Certain airport capacity projects, aviation safety projects, and aviation security projects may be subject to special design ation 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 Fe deral 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 enviro nmental 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 directl y 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 propos ed action un dertaken b y a non - Federal entity. The requirements in this Order appl y, 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 b y state or local agencies for approval, and legislation proposed b y the FAA. Exceptions to these requirements are listed in Paragraph 2
- 1.2. The procedures in this Order appl y to the fullest extent practicable to ongoing activities and environmental documents begun before the effective date, except that this Order does not appl y to decisions made and final environmental documents issued prior to the effective date of this Order. **1 -**  **10. Explanation of Policy Changes**  . This paragraph briefl y 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 closel y follow FAA Order 1320.1, FAA Directives Management . Includes sy stematic editorial changes to ensure consistency with the FAA’s plain language guidelines as est ablished in FAA Order 1000.36, FAA Writing Standards
. **1 -**  **10.3. F**  **ederal A** **viation A**  **dm inistration**  **Policy .**  Expands and updates the FAA’s policy statement to include the FAA’s goal of ensuring timely , effective, and efficient07/25 /1 3 Draft Order 1050.1F

1 - 4 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 u p dated 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. Finall y, the policy reflects legislative provis ions in FAA reauthorization to expedite the environmental review process for certain air traffic procedures
. **1 -**  **10.4. Roles of L**  **ines of B**  **usiness /S**  **taff O**  **ffice s**  **.** 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 E**  **nvironmental A**  **ssessment s**  **.** Explains in more detail than FAA Order 1050.1E paragraphs 405 d, e, and f the differences between EAs and EI Ss 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

2 1 , 2011)
. Clarifies which projects warrant environmental monitoring and the type and extent of monitoring
. **1 -**  **10.8. E**  **nvironmental M**  **anagement S**  **ystem .**  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 E**  **nvironmental A**  **ssessment .**  Adds new and revises existing actions normally requiring an EA t o 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 E**  **nvironmental I**  **mpact S**  **tat e**  **ment .**  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**  **N ational**  **E nvironmental**  **P olicy**  **A ct**  **Documents and Tiering .**  Combines the discussion of programmatic NEPA documents and tiering and revises th e text to more closel y align with CEQ Regulations and guidance (see Paragraph 3
- 2).07/25 /1 3 Draft Order 1050.1F

1 - 5 **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 accompanyi ng 1050.1F Desk Reference. Adds Climate to the list of impact categories that must be con sidered 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 anal yz ed within each applicable environmental impact category
. **1 -**  **10.13. Significance Determinations**  **.** P rovides an exhibit in P aragraph 4
- 3.3 that summarizes the FAA’s Significance Thresholds formerl y described under individual environmental impact categories in Appendix A of FAA Order 1050.1E. This table also includes Factors to Consider in making determinations of significant impact s . Adds “ Contaminate a public drinking water supply such that public health may be adversel y affected” as a threshold under Surface Waters , and “Contaminate an aquifer used for public water suppl y 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, m emorandum , Interagency Cons ultation 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. C**  **ategorical E**  **xclusion Documentation**  **.** Updates the FAA’s policy regarding CATEX documentation to be consistent with CEQ’s Guidance on Establishing, Applying, and Revising Categorical Exclusio ns 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 inclu de in CATEX documentation. Adds discussion of decision documents in connection with CATEXs (known as CATEX/Record s of Decision [ ROD s ] ), which are not commonly

used but may

be advisable in unique circumstances. **1 -**  **10.16. C**  **ategorical E**  **xclusion 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. C**  **ategorical Exclusion s**  **.** Adds new CATEXs and revises existing CATEXs to accommodate actions that do not significantl y 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, two07/25 /1 3 Draft Order 1050.1F

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 (formerl y 310e), 5
- 6.4i (formerl y 310i), 5
- 6.4u (formerl y 310u), and 5 - 6.5l (formerly 311l )
. **1 -**  **10.18. E**  **nvironmental A**  **ssessment Format**  **and Process .**  Revises the discussion of EA format and proc ess 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**  **E nvironmental**  **I mpact**  **S tatement**  **Pr eparation**  **.** 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 occur s (see Paragraph 7
- 1.3). **1 -**  **10.21. Actions within the U**  **nited S**  **tates 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 F ederal**  **A viation**  **A dministration**  **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 C AT EX or EA would be the appropriate level of NEPA review (see Paragraph 8
- 5). FAA Order 1050.1E onl y addressed emergency procedures for EI Ss. **1 -**  **10.24. Adoption**  **of Other Agencies ’**  **N ational**  **E nvironmental**  **P olicy**  **A ct**  **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 adopte d documents to clarify

when this review is required (see Paragraph 8
- 7.d). Also adds a discussion of re circulation 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**  **.** Cl arifies that there is no specified format for written re
evaluations. Adds a s tatement 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**  **.** C onsolidates and clarifies provisions relating to review, approval, and signature authority for FAA NEPA documents (see Chapter 10).07/25 /1 3 Draft Order 1050.1F

1 - 7 **1 -**  **10.27. Authority to Change**  **T his**  **Orde r**  **.** 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 , ” “approv ing 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 CF R 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 ( s ee Paragraph 11
- 5.b)
. **1 -**  **11. -**  **1 -**  **50. Reserved .** 07/25 /1 3 Draft Order 1050 .1F

2 - 1 **Chapter 2: N**  **ational E**  **nvironmental P**  **olicy A** **ct Planning and Integration**  **2 -**  **1. Applicability of N**  **ational E**  **nvironmental P**  **olicy A**  **ct Procedures to F**  **ederal A** **viation A**  **dministration Actions**  **. 2**  **- 1.1.**  **F ederal**  **A viation**  **A dm**  **inistration Actions Subject to N**  **ational E**  **nvironmental P**  **olicy A**  **ct Review**  **.** Proposed actions and decisions by FAA officials are subject to NEPA review, except as provided in Paragraph 2
- 1.2 below. Specific FAA a ctions subject to NEPA review include, but are not limited to, grants, loans, contracts, leases, construction and inst allation 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 b y the FAA. Although emergency actions are subject to NEPA review, special procedures may appl y (see Paragraph 8
- 5 ). The FAA will not approve a proposed action until any required NEPA review has been completed. **2 -**  **1.2. F**  **ederal A** **viation A**  **dm inistration**  **Actions Not Subject to N ational**  **E nvironmental**  **P oli**  **cy A**  **ct 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 ex cepted by CEQ Regulations. b. Advisory

Actions . Some Federal actions are of an advisory nature. Actions of this ty pe 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, a nd 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 anal ys is (i.e., 14 CF R 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 Ac t ; 14 CFR part 16, Rules of Practice for Federally
Assisted 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).07/25 /1 3 Draft Order 1050 .1F

2 - 2 **2 -**  **2. Responsibilities**  **. 2**  **- 2.1.**  **Responsibilities of the F ederal**  **A viation**  **A dministration**  **.** a. General FAA Responsibilities : (1) Assuring compl iance 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 inf

ormation ; (3) Independentl y and objectively evaluating applicant
- submitted information and EAs and taking responsibility for content and adequacy of any such information or documents used b y 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 b y the FAA for compliance with NEPA or other environmental requirements ; and (5) Making CATEX determinations, approv ing EAs and EI Ss, and issuing FONSI s and RODs. b. Roles of L OB/SO s . The Chief Operating Officer and Assistant or Associate Administrators within the various FAA organizations must ensure their respective offices, regions, service areas, and centers compl y with this Order. Responsibilities may be delegated in accordance with appropriate FAA orders, such as FAA Order 1100.154, Delegations ofAuthority
. (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 responsibilitie s for complying with the NEPA process within their L OB/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 co mply 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 Minori ty 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 2 8 , 2012), and DOT Order 5610.2 (a) , 77 Federal Register07/25 /1 3 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 resp onsible for assuring that adequate funding is requested for NEPA activities in the budget out
- ye ars. 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 do cuments. (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 (AH T) 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 L OB/SOs. (e) The Assistant Administrator for NextGen (ANG) provides leadership in planning and developing the Next Generation Air Transportation Sy stem (NextGen) and coordinates NextGen initiatives, pro grams , 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.07/25 /1 3 Draft Order 1050 .1F

2 - 4 (g) The Office of Communications (AOC) is responsible for considering the environmental impacts of all actions arising out of AOC initiatives that requi re 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 b y 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 s ecurity and the national aerospace s ys tem. (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 o ther 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 Chi ef 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 S ys tem (NAS) facilities. (l) The Associate Administrator for Aviation Safety (AVS) is responsible for considerin g 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 airwor thiness of aircraft; and certification of pilots, mechanics, and others in safety- related positions. c. Actions Undertaken b y the FAA . The FAA may prepare environmental documentation in
- house ( i.e., using agency personnel and resources) or use a contractor07/25 /1 3 Draft Order 1050 .1F

2 - 5 in accordance with Paragraph 2
- 2.1.e below. For projects directl y undertaken by the FAA and requiring an EA or EIS, the EA or EI S must be prepared at the feasibility anal ys is (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 analy sis to support the required NEPA review. The FAA must independently evaluate any information or anal ys is 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, anal ys is, 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 EI S
. e. Use of Contractors
. (1) General . When contractors assist the FAA in preparing EAs or EISs, or when contractors directl y 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 contr acting” is used to prepare an EI S, 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 b y the FAA and under contract to, and paid for b y, 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 S ys tem 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, corp oration, 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 constructio n 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 EI S and preliminary design07/25 /1 3 Draft Order 1050 .1F

2 - 6 work provided the de sign 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

of ficial 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) EI S Disclosure Statement. Before starting EIS preparation, the FAA must obtain a “disclosure statement” from the NEPA contractor and subcontractors verif yi ng 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 EI S, the FAA may request that the applicant provide the required environmental anal ys is to the FAA or hire a contractor to provide the anal ysis. Applicants and contractors may

provide data and anal ys is 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 EI S, preparation of the EA or EIS must begin immediately

after the FAA re ceives the application or proposal. If required by the responsible FAA official, applicants must provide sufficient environmental information or anal ys is to ensure the environmental anal ys is 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 b y the FAA or, where appropriate, a cooperating agency (e.g., where the contractor prepares a portion of an EI S 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 earl y in a proposed action’s planning process to ensure efficient, timely , and effective environmental07/25 /1 3 Draft Order 1050 .1F

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. Suffi cient 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 b y 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 offic ial 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 sy stem, program, or regional assessment (see Paragraph 3
- 2) or a NEPA document prepared by another Fe deral agency

(see Paragraph 8
- 7) ; (3) Could significantly

affect the quality

of the human environment with respect to noise ; land ; air ; water ; wildlife ; energy suppl y and natural resources ; or cultural, historic , or archeological resources; (4) Would be located in wetlands ; floodplains ; coastal zones ; prime or important farmlands ; habitat of Federal ly
- listed endangered, threatened, or other protected species ; wild and scenic river areas ; areas protected under Section 4(f), 49 U.S.C. § 303 1 , 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 th e Department of Transportation A ct of 1966 and is still commonly referred to as "Section 4(f)"
.07/25 /1 3 Draft Order 1050 .1F

2 - 8 b. To determine the scope of an EA or EI S, 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 previousl y 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 propose d actions that are related to each other closel y enough to be, in effect, a single course of action must be evaluated in the same EA or EI S ( see 40 CFR §§ 1502.4(a) and 1508.25(a)(1) , CEQ Regulations ). A proposed action cannot be segmented b y 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, con sultation, 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 sy stematic 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 earl y identification and consideration of potential environmental impacts and concerns in a proposed action’s planning phase. EMS data collection, tracking, and anal ys is may also be useful in the preparation of NEPA07/25 /1 3 Draft Order 1050 .1F

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 perform ance achieved through applyingan 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 controvers y. 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 includ es example way s that an EMS can complement the NEPA process and support the various phases of NEPA review. **2 -**  **3.4. R** **educing 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 analy

tic rather than encyclopedic EISs ; c. Discussing onl y briefly issues other than significant issues ; d. Writing EI Ss in plain language ; e. Following a clear format for EISs; f. Emphasizing portions of EI Ss that are usef ul to decision
- makers and the pub l ic 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 accordingl y ; h. In corporating material b y reference ; i. Integrating NEPA requirements with other environmental review and consultation requirements ; and j. Eliminating duplication with state and local procedures b y 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 earl y 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 ; and07/25 /1 3 Draft Order 1050 .1F

2 - 10 f. Eliminating duplication with state and local procedures and with other Federal procedures
. **2 -**  **3.6. Mitigation**  **.** a. In corporation into Project Design . Throughout the environmental anal ys is 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 pre clude application of a CATEX. Mitigation incorporated into project design must be clearl y 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 identifyingmitigation 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 impac ted b y the proposed action. **2 -**  **4. Coordination**  **. 2**  **- 4.1.**  **Internal F ederal**  **A viation**  **A dministration**  **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 th at 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 EI Ss 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 ). Th e 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 EI S ( 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 actio n 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 N ational Environmental Policy Act (July 28, 1999)).07/25 /1 3 Draft Order 1050 .1F

2 - 11 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 earl y 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 g overnment 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 Preser vation Offices, the Bureau of Indian Affairs, the FAA’s Federal Historic Preservation Officer, and the FAA's National or Regional Tribal Consultation Officials
. ( S ee 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; full y 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 involvem ent 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 successfull y integrate public07/25 /1 3 Draft Order 1050 .1F

2 - 12 involvement and NEPA. Failure to complete public participati on 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 EI S, 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 earl y coordination will depend on the complexity , sensitivity , degree of Federal involvement, and anticipated environment al impacts of the proposed action. Comments received during earl y 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 discuss ed in Paragraph s 6
- 2.2.e and 7 - 1.2.d
. **2 -**  **5.2. F**  **ederal A** **viation A**  **dm inistration**  **Requirements for Public Involvement .**  The FAA’s Community Involvement Policy Statement (April 17, 1 995) 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 ac tion
. 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 Histo ric 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 potentiall y affected minority populations and low
income 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 EI S 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.07/25 /1 3 Draft Order 1050 .1F

2 - 13 e. When dealing with classified information, the resp onsible FAA official must consult FAA Order 1600.2, Safeguarding Classified National Security Information
. **2 -**  **5.3. Public Meeting**  **s, 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 controvers y, 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 h earing for the purpose of obtaining public comment on a draft EI S or EA, the FAA should ensure that the draft document is available for public review at least 30 day s 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 day s 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 elderl y, handicapped, non
- English speaking, minority, and low
- income populations in accordance wi th the Americans with Disabilities A ct 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, P aragraph 14 of DOT Order 5610.1C, and the E xecutive O rders 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 readil y understand them. **2 -**  **7. Limitations on Actions Involving Real Property Prior to Completing N**  **ational E**  **nviron mental**  **P olicy**  **A ct**  **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 the07/25 /1 3 Draft Order 1050 .1F

2 - 14 acquisition of land is inextricable to the proposed proje ct 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 inevitabl y 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 EI S or issuance of a FONSI, except for: (1) emergency situations; (2) o btaining rights
- of

- way for such purposes as preparation for site testing, obtaining data, property s urvey s, etc.; and (3) those cases where the NEPA review process indicates that the proposed site warrants f

urther 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 alt ernative 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 b y 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 /1 3 Draft Order 1050.1F

3 - 1 **Chapter 3: Levels of N**  **ational E**  **nvironmental P**  **olicy A**  **ct Review**  **3 -**  **1. Three Levels of N**  **ational E**  **nvironmental P**  **olicy A**  **ct 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 ( EI S )
. 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 CAT EX 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 C ATEX (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 anal ys is for determining whether to prepare an EI S or a FONSI. An EA may facilitate the preparation of an EI S, 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 Impa ct S tatement) 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 anal ys is has not been prepared in connection with a regulatory

action. (3) Establishment of aircraft/avionics maintenance bases to be operated b y the FAA. (4) Authorization to exceed Mach 1 flight under 14 CFR § 91.817 , Civil Aircraft Sonic Boom
.07/25 /1 3 Draft Order 1050.1F

3 - 2 (5) Establishment of FAA housing, sanitation sy stems, fuel storage and distribution sy stems, and power source and distribution sy stems. (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 sy stems (ILS)
. (9) Establishment or relocation of approach lighting sy stems (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 onl y 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 wi thin the DNL 65 dB noise contour ; (e) Construction or relocation of entrance or service road connections to public roads which substantiall y reduce the Level of Service rating of such public roads below the acceptable level determined b y the appropriate transp ortation 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) a pproval of operations specifications authorizing an operator to use aircraft to provide sc heduled passenger or cargo service at an airport that may significantl y 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 categoricall y excluded under Paragraphs (procedures category) 5
- 6.5q and 5
- 6.5r).07/25 /1 3 Draft Order 1050.1F

3 - 3 (13) New or revised air traffic control procedures that r outinely 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 categoricall y excluded (see Paragraph 5
- 6, the FAA’s List of Approved C ategorical 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 Normal** **ly 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 EI S is a de tailed 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 mus t be considered when determining significance (see Paragraph 4
- 3 ). b. The following are actions that normally require an EI S: (1) Federal financial participation in, or unconditional ALP approval of, the following categories of airport actions: (a) Location of a n ew 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 largel y undisturbed ground. **3 -**  **2. Programmatic**  **N ational**  **E nvironmental**  **P olicy**  **A ct**  **Documents and Tiering**  **.** A p rogrammatic EI S or EA may be prepared to cover either: ( 1) a broad group of related actions ; or (2) a program, s ys tem, or national level proposal that may later lead to individual actions, requiring subsequent NEPA analy sis. The first type of programmatic document may be useful in anal yz ing the cumulative impacts of a group of related actions. The second may be useful in07/25 /1 3 Draft Order 1050.1F

3 - 4 providing the basis for subsequent project
- level environmental review. A p rogrammatic EI S or EA may contain broader anal ys is than is done for project
- specific NEPA documents. If a p rogrammatic EI S or EA is prepared, the FAA will determine at a later date whether project
specific EISs or EAs are needed for individual action s . Broad Federal actions analyzed in a p rogrammatic EI S or EA may be evaluated geographically , generically , or b y stage of technological development (see 40 CFR § 1502.4(c) , CEQ Regulations ). When a p rogrammatic EI S 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 issu es discussed in the programmatic document, incorporate discussions from the programmatic document by

reference, and concentrate the project
- level EI S or EA on site
- specific impacts not covered b y the programmatic document. The project
- level document must state where the earlier programmatic document is available. The use of a p rogrammatic EI S 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 Regulatio ns ). 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 decisi on and exclude from consideration issues not yet ripe or already decided. P rogrammatic and tiered EI Ss and EAs are subject to the same preparation and processing requirements as other EISs and EAs. **3 -**  **3. -**  **3 -**  **50. Reserved**  **.**07/25 /1 3 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
- s pecific requirements for assessing impacts are highlighted in Appendix B of this Order , and discussed in detail in the 1050.1F Desk Reference
.  A ir quality ;  B iological resources (includin g fish, wildlife, and plants);  C limate;  C oastal resources;
 Department of Transportation Act, Section 4(f);  F armlands;  H azardous materials, solid waste, and pollution prevention;  H istorical, architectural, archeological, and cultural resources;  L and use;  N atural resources and energy supply ;  N oise and compatible land use;  S ocioeconomics, environmental justice, and children’s environmental health and safety risks;
 V isual effects; and  W ater resources (including wetlands, floodplains, surface waters, groundwater, and wild and scenic rivers)
. **4 -**  **2. Consideration of Impacts.**  a. The 1050.1F Desk Reference provide s 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 p ublic; 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 anal ys is. A list of approved models for each ty pe of anal ys is 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 anal ys is and corresponding output files must be provided to AEE
. Details on requirements for noise anal ys is are located in Appendix B. In the event a model is updated or replaced after the environmental anal ys is process is underway , the07/25 /1 3 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 th e proposed action and alternative(s)), this should be briefl y noted and no further anal ys is 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 EI S 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 Un der 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 b y breaking it down into component parts. e. Some FAA projects involve actions by multiple FAA LOB /SO s ; ef fects 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 EI S 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 lo cal 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 /1 3 Draft Order 1050.1F

4 - 3  Unique characteristics of the geographic ar ea (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 hi ghl y 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 signi ficant 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 s ignificant 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 L OB/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
.07/25 /1 3 Draft Order 1050.1F

4 - 4 **Exhibit 4**  **- 1**  **. Significance Determination for FAA Actions**  **2 .**  **Environmental Impact**  **Category Significance Threshold**  **Factors to Consider Air Quality**  T

he 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)** T

he 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 advers e modification ofFederally
designated critical habitat. T he 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 servic e 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 e ffect s 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 co ntext and intensity continue to be applicable. (See 40 CFR § 1508.27, CEQ Regulations).07/25 /1 3 Draft Order 1050.1F

4 - 5 **Environmental Impact**  **Category Significance Threshold**  **Factors to Consider Coastal**  **Resources** T he 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 Transporta**  **tion 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** T

he 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 non
agricultural uses. Important farmlan ds include pastureland, cropland, and forest considered to be T he 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 use07/25 /1 3 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 los s 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** T he 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 sit es 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 /1 3 Draft Order 1050.1F

4 - 7 **Environmental Impact**  **Category Significance Threshold**  **Factors to Consider Historical,**  **Architectural, Archeological**  **and Cultural Resources**  T he 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 the se resources. **Noise and Noise**  **** **Compatible 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 se nsitive 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**  T he 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 /1 3 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**  T he 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:
• C reate annoyance or interfere with normal activities from light emissions ; and
• A ffect 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 /1 3 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:
• A ffect the nature of the visual character of the area, including the importance, uniqueness, and aesthetic value of the affected visual resources;
• C ontrast with the visual resources and/or visual character in the study area; and
• B lock or obstruct the views of visual resources and whether these resources would still be viewable from other locations. **Water Resources (including Wetlands, Floodplains, Su rf**  **ace Waters, Groundwater, and Wild and Scenic Rivers)**  **Wetlands** T

he 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 th reatening 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 ec onomically 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; or07/25 /1 3 Draft Order 1050.1F

4 - 10 **Environmental Impact**  **Category Significance Threshold**  **Factors to Consider**

6. B e inconsistent with applicable state wetland strategies. **Floodplains** T

he 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 . T he action would have the potential to result in significant encroachment.

**Surface Water s**  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 impac ts when obtaining a permit or authorization. **Ground w**  **ater** 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. T he action would have the potential to :
• Adversely affect natural and beneficial groundwater values to a degree that substantially diminishes or destroys such valu es;
• 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**  T he 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 free
flowing nature;07/25 /1 3 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 f

eatures 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 th e impact; rectifying the impact b y repairing, rehabilitating, or restoring the environment; reducing or eliminating the impact over time b y preservation and maintenance operations during the life of the action; and compensating for the impact b y 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 F AA 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 m itigated FONSI. An E IS must describe mitigation mea sures 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 /1 3 Draft Order 1050.1F

4 - 12 b. Mitigation Incorporated into Project Design. M itigation measures incorporated into project design (e.g., b y m odifying the project) must be clearl y described as part of the proposed action in an EA or EI S. c. Mitigation Made a Condition of FAA Approval **.** When specific mitigation is made a condition of project approval, th e 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 clearl y s pecified 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

2 1 , 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 ty pe 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 mitigati on 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 mo nitoring in EAs and EISs, see Paragraphs 6
- 2.3 and 7
- 2.3 respectivel y. 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 en sure 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 respectivel y. **4 -**  **5. -**  **4 -**  **50. Reserved**
.07/25 /1 3 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 ty pes 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 EI S must be prepared. If a proposed action is not within the scope of a CATEX, an EA or EI S 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 signif

icant environmental effect that then requires further anal ys is in an EA or an EI S. 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 S ubparagraph b. below, and (2) M ay 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 EI S 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 anal ys es and consultation, as appropriate, to assist in determining extraordinary circumstances (see supporting guidance in the 1 050.1F 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

circumstan ces exist and the proposed action cannot be modified to eliminate the extraordinary circumstances, an EA or EI S 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 exist s if a proposed action involve s 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 Fed eral , state, tribal, or local significance ( e.g., Federal ly
- listed or proposed endangered, threatened, or07/25 /1 3 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 b y 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 suppl y s ys tem, 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 likel y to be highly controversial on environmental grounds. The term “highl y 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 highl y controversial on environmental grounds. Opposition on environmental grounds b y 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 L OB/SOs’ headquarters environmental division, AEE, Regional C ounsel, 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 cumulativel y create a significant impa ct 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, likel y to cause a significant impact on the visual nature of surrounding land u ses, 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 /1 3 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 deve lopment) that a specific CATEX was determined to appl y 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. Factor s that may w arrant the preparation of additional documentation include: (1) actions that are likel y to affect sensitive resources sufficient to heighten concerns regarding the potential for extraordinary circumstances; (2) actions that would res ult 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 controvers y 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. L OB/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 categoricall y excluded. A CATEX determination that warrants th e preparation of additional documentation in accordance with Paragraph 5
- 3 should be signed b y 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 controvers y regarding the applicability of a CATEX and/or the existence of extraordinary

circumstances. When there is doubt whether a CATEX/ROD is07/25 /1 3 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 , normall y 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 o rders 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 mus t 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 appl y to proposed actions is provided in the 1050.1F Desk Reference. **5 -**  **6. The F**  **ederal A** **viation A**  **dministration ’s C**  **ategorical E**  **xclusion s**  **.** The FAA has determined that the actions l isted in this paragraph normally do not individually or cumulatively have a significant effect on the human environment. The CATEX s 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.  Facil ity

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 es tablishment, 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 /1 3 Draft Order 1050.1F

5 - 5 This information is presented for referen ce only , and must not be construed to limit the use of a CATEX to only

the listed L OB/SO. **5 -**  **6.1. C**  **ategorical E**  **xclusion s 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 categori cally exclude a proposed action. a. Implementation of measures to respond to emergency air or ground safety

needs, accidents, or natural events with no reasonabl y 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 ye ars) 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 Federal ly
- own ed 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 p articipant 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 Sy stems (NPIAS), Airport Improvement Program (AIP) priority sy stem, 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 /1 3 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 clearl y 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, p ersonnel 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 p rovision 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 eng ineering 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, a s 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 s ys tem 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 princip al 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 /1 3 Draft Order 1050.1F

5 - 7 potential to significantl y increase noise at the airport submitting the restriction proposal or at other airports to which restricted aircraft may divert. (ARP) **5 -**  **6.2. C**  **ategorical E**  **xclusion s for Certification Actions**  **.** This category includes the list of CATEXs for FAA actions co ncerning 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 provi sions 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 ty pes that meet environmental regulations; (2) new, amended, or supplemental engine ty pes that meet emission regulations; (3) new, amended, or supplemental engine ty pes that have been excluded by the EPA ( see 14 CFR § 34. 7, Exemptions ); (4) medical, airmen, export, manned free balloon type, glider type, propeller typ e, supplemental ty pe 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 significantl y change the operating environment of the airport. “That do not significantl y change the operating environment of the airport” refers to minor operational changes at an airport that do not significantl y 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 operati ons 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. C**  **ategorical E**  **xclusion s 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 /1 3 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 currentl y used for similar facilities or equipment, or replacement with essentially sim ilar 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 b y 150 feet parcel with antenna towers reaching approximately 40 feet in height. (ATO) b. Estab lishment, installation, upgrade, or relocation of any of the following on designated airport or FAA property: airfield or approach lighting s ys tems, visual approach aids, beacons, and electrical distribution sy stems as described in FAA Order 6850.2, Visua l 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 p roperty or commercial space launch sites. Facilities and equipment means FAA communications, navigation, surveillance, and weather s ys tems. Weather sy stems include hygrothermometers, Automated Weather Observing S ys tem (AWOS), Automatic Surface Observatio n Sy stem (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 b y 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 S ys tem (IL S) equipment or components of IL S equipment (establishment o r relocation of an ILS is not included; an EA is normally required; see Paragraph 3
- 1.2. b(8)), Wide Area Augmentation Sy stem (WAAS), L ocal 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 IL S to category I I or III standards. FAA Order 6820.10, VOR, VOR/DME and VORTAC Siting Criteria governs the installation of VOR/VOT/VORTAC
- ty pe 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 conf orm 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. In07/25 /1 3 Draft Order 1050.1F

5 - 9 addition, this includes equipment that provides for modernization or enhancement of the service provided b y these facilities, such as Radar Bright Display Equipment (RBDE) with Plan View Display s (PVD), D irect Access Radar Channel (DARC), adding a beacon sy stem 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 L ow Level Wind Shear Alert Sy stem (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 ATCT s , 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 sy stems (ALS), commercial space launch site lighting s ys tems, 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 S ys tem (ILS), and Runway Visual Range (RVR). (ATO) h. Acquisition of equipment required for the saf ety 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 as sistance 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 requirem ents to control dust, sedimentation, storm water, and accidental spills). (ARP , ATO ) **5 -**  **6.4. C**  **ategorical E**  **xclusion s 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 roadway s that do not reduce the Level of Service on local traffic s ys tems below acceptable levels. (ATO, ARP, AST)07/25 /1 3 Draft Order 1050.1F

5 - 10 b. Acquisition of land and relo cation associated with a categoricall y 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 significantl y 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 W

ildlife Attractants on or Near Airports
. (ATO, ARP) e. Federal financial assistance, licensing, or Airport Layout Plan (ALP) approval for the following action s, provided the action would not result in significant erosion or sedimentation, and w ill 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 S ys tem (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 expansi on 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 essentiall y 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 P lan (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 ( s ee FAA’s presumed to conform list (72 F ederal R egister 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 substance s 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 architectural07/25 /1 3 Draft Order 1050.1F

5 - 11 significance as officiall y designated b y 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 exclude d 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 expansi on 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 i s 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 th e native ecos ys tem; 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 U ltra
- High Frequency Tactical Air Navigation Aid (VORTAC). (ATO)07/25 /1 3 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 significantl y 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 (UST s) or installation, repair, or replacement of USTs and a

boveground 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 remediatio n of contaminants resulting from a fuel storage tank at an FAA facility or on an airport, provided those actions occur in accordance with the o rder 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 adversel y affect navigable airspace. (All) aa. Upgrading of building electrical s ys tems or maintenance of existing faci lities, 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 permanentl y close a runway and use it as a taxiway

at small, low
- activity

airports , provided any changes to lights or pavement would be on previousl y developed airport land. (ARP) dd. FAA construction, reconstruction, or relocation of a non
- Radar, Level 1 air port 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 aircraft07/25 /1 3 Draft Order 1050.1F

5 - 13 operations , or a change in the ty pe 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 w ell monitoring devices impacting approximately one acre in aggregate surface area. The work plan or Sampling and Analy sis Plan (SAP) for the project must integrate current industry best practices and address, as applicable, surface restoration, well and s oil boring decommissioning and the collection, storage, handling, transportation, minimization, and disposal of investigation derived wastes and other Federal or state regulated wastes generated b y the investigation. The work plan or SAP must be coordinated with and, if required, approved b y 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 b y, 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 sy stems and appurtenances, including groundwater wells for treatment and monitoring of soil and water contamination. (ATO) **5 -**  **6.5. C**  **ategorical E**  **xclusion s 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 env ironmental 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 airsp ace areas, airway s, 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 airway s ( see 14 CFR § 71.15, Designation of jet routes and VOR Federal airways ); operation of civil aircraft07/25 /1 3 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 A ir 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 Sy stem (NAS), such as revocation of airspace , a decrease in dimensions , or a reductio n 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 ty pographical 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 sy stems that use overlay of existing flight tracks . For these types of actions, the Noise Integrated Routing Sy s tem (NIRS) Noise Screening Tool (NST) or other FAA
approved 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. Establi shment 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 significantl y 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 reasonabl y 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 s ys tem that is not on airport p roperty

(see Paragraph 3
- 1.2 .b(9)) or an instrument landing s ys tem (see07/25 /1 3 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 t o 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 ro utinely route aircraft over non
- noise sensitive areas. (ATO, AVS) q. 3 The 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 b y the Administrato r; and (2) RNP procedures proposed at 35 non
- core airports selected b y the Administrator. (ATO) r. 4 Any 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 p rocedures. (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 A ct of 2012
. 4 Id.07/25 /1 3 Draft Order 1050.1F

5 - 16 b. Authorizations and waivers for infrequent 5 or 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 th at 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 pro cedures; specific air traffic procedures that are categoricall y 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
- we ight pistons, mid
- weight pistons, high
- weight pistons and high weight radials, “infreque nt” is defined as 18,000 or fewer annual operations. For aircr aft 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/Catex
312 b_Aerobatic_Actions.pdf
.07/25 /1 3 Draft Order 1050.1F

6 - 1 **Chapter 6: Environmental**  **As sessments and Findings of** 

**No Significant Impact 6**  **- 1.**  **General**
. a. LOB/SOs must prepare concise EA documents with a level of analy sis 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) d etermine if an EI S is needed because the proposed action’s potential environmental impacts will be significant. (3) d etermine if a FONSI can be issu ed because the proposed action will have no significant impacts. (4) d etermine 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 s ignificant impacts; or (2) mitigation the FAA requires to reduce potential impacts below applicable significance thresholds. (5) i dentify and satisfy

applicable enviro nmental 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, cons ultation, and public involvement requirements under other laws, regulations and orders into its NEPA plannin g and documentation to reduce paperwork and delay , in accordance with 40 CFR §§ 1500.4(k) and 1500.5(g), CEQ Regulations. (6) i dentify any permits, licenses, other approvals, or reviews that appl y to the proposed action. b. FAA LOB/SOs are encouraged to build upon prior, p rogrammatic , or other EAs or EI Ss 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 p rogrammati c EA or EIS), the responsible FAA official may use the tiering process to prepare subsequent EAs for actions covered b y the p rogrammatic EA or EIS (such as site
- specific actions). Through the tiering process, the subsequent EA may summarize the impacts an al yz ed 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 repetiti on and facilitate the anal ys is of issues at the appropriate level of detail. Tiered and p rogrammatic EAs are prepared, circulated, and filed using the same procedures for EAs (see Paragraph 3
- 2 for more information on p rogrammatic and tiered NEPA document s). **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 applicant07/25 /1 3 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 b y 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 clearl y explained and stat ed 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, analy ses, 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 speci fic 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 briefl y explain why these were eliminated. For more information on alternatives, see Paragraph 7
- 1.1.e. e. Affected Environment . This section succinctl y 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 analy ses should b e presented in detail commensurate with the importance of the impact. The FAA may incorporate by

reference background data to support the anal ys is (for more guidance on incorporation by reference, see Paragraph 7
- 1.c) . For more information on data that m ay be relevant to the affected environment, see Paragraph 7
- 1.1.f. f. Environmental Consequences
. The EA must discuss , in comparative form, the reasonabl y 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 anal ys is for determining whether to prepare an EI S or a FONSI ( see 40 CFR § 1508.9(a)(1) , CEQ Regulatio ns ). This section must include anal ys is necessary to address the signi ficance factors in Paragraph 4
- 3 and 40 CFR § 1508.27, CEQ Regulations . The focus of this anal ys is is on resources that would be directly , indirectl y , and cumulatively affected b y the proposed action. The analy sis should include consideration of possible conflicts between the proposed action and the objectives of Federal , regional, state, tribal,07/25 /1 3 Draft Order 1050.1F

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 b y reference background data to support its effects anal ys is (for more guidance on incorporation b y reference, see P aragraph 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 appl y 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 appendi c es, if applicable: (1) Any documentation that supports statements and conclusions in the body of the EA, including methodologies and references us ed. 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 s uch 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) ) , regulatio ns, 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 anal ys is. If the FAA determines that the proposed action would significantly affect the human environment as the anal ysis proceeds, the FAA can make a decision to prepare an EI S 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 partie s for the remainder of the07/25 /1 3 Draft Order 1050.1F

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 particularl y useful when an EA deals with uncertainty or controvers y 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 analy sis 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 anal ys is, to the satisfaction of the respon sible FAA official, commensurate with the level of impact of the proposed action and alternatives, to determine whether any i mpacts will be significant. I f 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 anal ys is may

also be useful in the preparation of NEPA documentation, inc luding 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 app licable impact category is sufficient. d. Internal review of the EA is conducted b y 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 circulat ed, 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 p ublic comment periods for EAs ; however, they are normally 30
- 45 day s. 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 docum ent 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: Befo re 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 yo ur comment to withhold from public revie w your personal identifying information, we cannot guarantee that we will be able to do so.07/25 /1 3 Draft Order 1050.1F

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 protec ted 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 anal yz ed 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” FONSI s). i. If, based on the EA, the responsible FAA official concludes that the proposed action would significantl y affect the human environment, and mitigation would not reduce the potential impact(s) below significant levels, the responsible FAA official must publi sh a Notice of Intent (NOI) to prepare an EI S in the Federal Register and begin the EI S process (see Paragraph 7
- 1.2, Environmental Impact Statement Process). **6 -**  **2.3. Mitigation Considerations for E**  **nvironmental A**  **ssessment s**  . An EA may include discussion of reason able 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 anal ys is 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 b y the same FAA LOB/SO that reviewed the original FONSI and must be approved and signed by the approving official. If th e 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 ofM itigation 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 /1 3 Draft Order 1050.1F

6 - 6 initiate the EI S process by issuing an NOI to prepare an EI S 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 insignifi cant; and (4) The agency

has identified mitigation measures that will be sufficient to reduce potential impacts below applicable significance thresholds and has ensure d commitments to implement these measures. Mitigation that is used to support a mitigated FONSImust be included as a condition of project approval (see P aragraph 4
- 4 , Mitigation). In these cases, i f the FAA’s decision to act is not otherwise evidenced b y 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 P aragraph 6
- 4 , Decision Documents for Finding s 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 P aragraph 4
- 4 .d , Mitigation). If the responsible FAA official d etermines 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 EI S process b y 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 deter mined to be significant, the responsible FAA official prepares a FONSI, which briefl y 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 FONSImay b e 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 FONSImust : (1) b riefl y describe the proposed action, the purpose and need, and the alternatives considered (including the no action alternative); and assess and document all rel evant07/25 /1 3 Draft Order 1050.1F

6 - 7 matters necessary

to support the conclusion that the proposed action would not significantl y affect the quality of the human environment. (2) d etermine the proposed action’s consistency or inconsistency

with community planning, and document the basis for the determination. (3) p resent 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 o rders, 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 Availabil ity

and Review. The responsible FAA official will make FONSI s 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 public ation 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 FONSIand 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 FONSIavailable for public review for 30 day s before the final determination is made whether or not to prepare an EI S 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, regul ations, 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. § 470 f
.07/25 /1 3 Draft Order 1050.1F

6 - 8 e. Approval. All FONSI s 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). Is suance 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 m ay 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 cop y 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 Docume**  **nts 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 o fficial because the FAA’s decision to act may be evidenced b y 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 me asures 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 closel y similar to, those normally addressed in an EI S ( 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 /1 3 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 EI S, as described in Paragraphs 7
- 2.1 and 7
- 2.2, while also describing the FAA’s FONSIand its required contents. It also includes a paragraph that identifies the document as a decisi on or order that is, in most cases, subject to exclusive judicial review in the U.S. Courts of Appeals. The FONSIand other findings must be supported by documentation in the project file. **6 -**  **5. -**  **6 -**  **50. Reserved .** 07/25 /1 3 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 EI S when one or more environmental impacts of a proposed action would be signi ficant 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 EI S when potentially significant impacts are likely to occur but cannot be mitigated, an EIS is generall y prepared without a previous EA. If an EA has been prepared, the anal ys is and documentation in the EA should be used to the maximum extent practicable in the EI S and is likely

to be sufficient to describe the impacts that are not significant. The EI S should focus in detail on those impacts that are significant. The depth of analy sis 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 p rogrammatic 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 p rogrammatic EA or EIS), the responsible FAA official may use the tiering process to prepare subsequent EAs or EISs for actions covered b y the p rogrammatic EA or EIS (such as site
- specific actions). Through the tiering process, any subsequent EA or EIS only need summarize the impacts anal yz ed in the broader document, incorporate impact discussions from the broader document b y 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 anal ys is of issues at the appropriate level of detail. Tiered and p rogrammatic EI Ss are prepared, circulated, and filed us ing the same procedures for draft and final EISs (see Paragraph 3
- 2 for more information on p rogrammatic and tiered NEPA documents). c. The responsible FAA official should incorporate material into an EIS b y 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 briefl y described. No material may be incorporated by

reference unless it is reasonabl y available for inspection by potentiall y interested persons within the time allowed for comment. Material based on proprietary data which is itself not available for review and comment must not b e incorporated b y reference. d. Until any

required EI S 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 choi ce 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 EI Ss ). 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 the07/25 /1 3 Draft Order 1050.1F

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 loc al permits or assistance. **7 -**  **1.1. E**  **nvironmental I**  **mpact S**  **tatement Fo**  **rmat** . 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 o fficial; (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 E IS 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 accuratel y summarize the EI S. The summary describes the proposed action, stresses the major conclusions, areas of controvers y (including issues raised b y 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 analy sis of alternatives, and agency preferred and sponsor preferred alternatives. If the agency has identified an environm entally 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 approval s 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 EI S. It will also list th e appendices, if any , and the acrony

m list, glossary , references, and index. d. Purpose and Need . This section briefl y specifies the underl yi ng 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 essentiall y provides the parameters for defining a reasonable range of alt ernatives 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.07/25 /1 3 Draft Order 1050.1F

7 - 3 e. Alternatives ( In cluding the Proposed Action) . This section is the heart of the EI S (see 40 CFR §§ 1502.10(e) and1502.14 , CEQ Regulations ). It presents a comparative anal ys is of the no action alternative, the proposed action, and other reasonable alternatives to fulfill the pur pose and need for the action, to sharpl y define the issues, and provide a clear basis for choice among options b y the approving official. Whether a proposed alternative is reasonable depends , in large part, upon the extent to which it meets the purpose an d 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 b y the proponent of the alternative also bears on the extent to which a proff ered 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 E IS must identify the preferred alternative or alternatives, if one or more exists at the time the draft EIS is issued
. The final EI S must specifically and individuall y identify the preferred alternative (see 40 CFR § 1502.14 (e) , CEQ Regulations)
. Criteria other than those included in the affected environment and environmental consequences section s of the EI S may

be applied to identify

the preferred alternative. Although CEQ encourages Federal agencies to identify the environmentall y preferred alternatives in the EI S (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. Affect ed 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 likel y effects of the alternatives; data and anal ys es 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 b y reference information or anal ys is that is reasonabl y available to the publi c. 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 prop osed 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,07/25 /1 3 Draft Order 1050.1F

7 - 4 wildlife and waterfowl refuges; Federal ly
- listed or proposed candidate, threatened, or endangered species or Federal ly
- designated or proposed critical habitat; wetlands; n ational and state f

orests; 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 b y 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 non Federal , 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 th e 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 anal ytical basis for comparing the proposed action , the no action alternative, and other alternatives retained for detailed anal ys is
. 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 wo uld 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 o ther 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 b y reference background data to support its effects anal ys is. (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 anal ys is , 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 consultatio n required, for example, under the National Historic07/25 /1 3 Draft Order 1050.1F

7 - 5 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

1 4 , 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 EI S must describe mitigation measures considered or planned to minimize harm from the proposed action. Mitigation incorporated into project design must be clearl y described in the proposed action. Environmental consequence s resulting from mitigation must be considered in the E IS , when applicable. The following ty pes of mitigation m easures should be considered: design and construction actions to avoid or reduce i m

pacts; m anagem ent actions that reduce im pacts during operation of the f acility ; and replacem ent, restoration (reuse, conservation, preservation, e t c.), and co m pensation m easures. EMS data collection, tracking, and anal ys is may be useful in the consideration of appropriate mitigation measures. An EMS may al so be used for tracking and monitoring mitigation commitments. (2) Mitigation and other conditions established in the EI S, or during review of the EI S, and that are co mmitted to in the ROD, must be i m plem ented b y the FAA or another appropriate entity with authority to implement the identified mitigation measures or other conditions. The FAA ensures i m plem entation of such mitigation m easures through special conditions, funding agreem ents, contract specifications, directives, other review or im plem entation 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). 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 E IS or significant background material, and contractors who assisted in preparing the E IS 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 followe d. k. Index . The index reflects the key terms used throughout the EIS for eas y reference. The index includes page numbers for each reference. l. Appendices (if any). This section consists of material that substantiates any anal ys is that is fundamental to the EI S, but would substantially contribute to the length of the EI S 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 EI S are assessed and responded to in the final EI S. S ee Paragraph s 7 - 1.2. e and 7
- 1.2.g for more information on responding to comments ).07/25 /1 3 Draft Order 1050.1F

7 - 6 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 EI S the source is used. **7 -**  **1.2. Environmental Impact Statement Pr**  **ocess .**  Th e EI S p rocess 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 EI S. The responsible FAA official must publish an NOI in the Federal Register to initiate the preparation of the EI S ( 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 add ress of the FAA person who can answer questions about the proposed action and EI S. 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 loc ation, 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 applic able to the proposed action, the NOI should include a statement to that effect with a reference to the applicable law s , regulation s , or Executive Order s . The responsible FAA official sends the NOI to the docket clerk in the Office of the Chief Counsel (AG C
- 200). All NOIs initiated in the regions should be reviewed by the Regional Counsel before being forwarded to AGC
200. The applicable division manager, designee, or other appropriate FAA official may sign the NOI for the Federal Register
. The responsib le FAA official should also consider publishing the NOI, notices of scoping meetings, and other information in other formats (see P aragraph 14a of DOT Order 5610.1C and 40 CFR § 1506.6(b), CEQ Regulations )
. c. Scoping Process. Scoping is a required part of the EI S process. Scoping is an earl y and open process for determining the scope of issues to be addressed in the EI S 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 , s tate, and local agencies, any potentially affected tribes, applicants, and other interested persons (including those who m ight oppose the proposed action). The responsible FAA official initiates scoping in order to determine the scope of issues to be addressed in the EI S 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 EI S will anal yz e 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 EI S. Scoping serves the additional purposes of identifying those issues that do not require detailed anal ys is or that have been covered by prior environmental review, setting the temporal and geographic boundarie s of the EI S, determining reasonable alternatives, and identifying available technical information. During scoping, the FAA or other agencies may identify other EAs or EI Ss that are being or will be prepared that are related to but not part of the scope o f the EIS under consideration.07/25 /1 3 Draft Order 1050.1F

7 - 7 Although there is no standard approach to public scoping, it is important that the FAA facilitate public participation in th e 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 actio n, 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 appropri ate 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 EI S is a minimum of 45 day s. When the FAA is the lead Federal agency , the EPA, upon a showing b y another Federal agency of compelling reasons of national policy , may extend this period for up to 30 day s, but no longer than 30 day s without the permission of the FAA ( see 40 CFR § 1506.10(c), CEQ Regulations )
. (1) Public Review. The draft EI S should be available at local libraries or similar public depositories. Material used in developing or referenced in the draft EI S must be available for review at the appropriate FAA office(s) or at a designated location. Upon request, copies of the draft EI S 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 EI S 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) associate d 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 at07/25 /1 3 Draft Order 1050.1F

7 - 8 any time. While you can ask us in your comment to withhol d 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 EI S’s availability on the same date that the EPA is expected to publish its notice. The local NOA of the draft EI S 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 EI S or EA, the FAA should ensure that the draft document is available for public review at least 30 day s before the event occurs. (See Paragraphs 2
- 5. 3 for more information o n public meetings and hearings )
. ( d) Certain special purpose laws and requirements require public notice of specific findings or determinations. Examples include S ection 2(a)(4) of Executive Order 11988, Floodplain Management , 42 Federal Register 269 5 1 (May 24, 1977); S ection 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. § 153 6 ; and Section 106 of the National Historic Preservation Act, 16. U.S.C. § 470 f
. (2) Filing with EPA. Concurrentl y, the responsible FAA offici al must file the draft EI S with the EPA ( see 40 CFR § 1506.9, CEQ Regulations) through the e
-NEPA electronic filing s ys tem 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 EI S. This starts the official comment period for the draft EI S. The responsible FAA official also has the option to publish a more detailed NOA in th e 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 EI Ss must be coordinated with the appropriate regional offices of other Federal agencies having jurisdiction by law or special expertise. However, draft EI Ss 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 the07/25 /1 3 Draft Order 1050.1F

7 - 9 DOE is necessary

onl y for transportation proposals having major energy
- related consequences. Coordination with the Advisory Council on Historic Preservation (ACHP ) on the draft EI S is o nly 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 cop y). 3. DOI, Office of Environmental Polic y and Compliance (One cop y of the document(s) in electronic format (CD/DVD, or any other widel y 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 EI S 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 L ocal A gencies. 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 EI Ss must be coordinated with appropriate tribal governments when the effects may be on a reservation or affect tribal interests. Vario us laws, regulations, and orders in additio n to NEPA, m ay also require coordination with tribes that are not Federal ly
- 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 w ith 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 EI S. All substantive comments received on the draft EI S (or summaries where the comments are voluminous) must be attached to the final EI S ( see 40 CFR § 1503.4(b) , CEQ Regulations ) and must accompany the final EIS through the FAA’s internal review process . C omments 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 EI S. (3) In cluded or summarized and responded to in an attachment to the final EIS, and if vo luminous, 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 to07/25 /1 3 Draft Order 1050.1F

7 - 10 the dra ft 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 EI S 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 EI S. The FAA has discretion to solicit additional comments on all or portions of final EI Ss 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 bef ore 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 declar ation. 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 EI S with the EPA through the e
-NEPA electronic filing s ys tem at: http://www.epa.gov/oecaerth/nepa/submiteis/index.html . Th e EPA will issue a NOA for the final EI S 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.07/25 /1 3 Draft Order 1050.1F

7 - 11 (2) the originating FAA LOB/SO director; Regional FAA Administrator; and AEE (o ne cop y each). (3) the DOT Office of the Assistant Secretary for Transportation Policy , Office of Safety , Energy , and Environment (P
- 30 ) (one copy). (4) e ach 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 EI S or who made substantive comments on the draft EI S (one copy each). (5) DOI (One cop y in electronic format (CD/DVD, or any other widel y 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 locat ion 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 cop y)
. (7) the appropriate state
- designated single point of contact (or specific agency contacts when stat es have not designated a single contact point), unless otherwise designated b y 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 EI S, 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
- day s 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 day s, but no longer than 30 day s 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.07/25 /1 3 Draft Order 1050.1F

7 - 12 **7 -**  **1.3. Decision Not to Prepare an E**  **nvironmental I**  **mp act**  **S tatement**  **.** Under certain circumstances, the FAA may choose to terminate an EI S. This could occur, for example, when an applicant has decided not to go forward with the actio n or it is determined to be no longer needed. The FAA may also terminate an EIS and revert to an EA if the environmental anal ys is shows that there would not be significant impacts from the project. The FAA should provide Federal Register notice of the de termination to no longer conduct an EI S. The Federal Register notice should cite the date of the original NOI to Prepare an EI S 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 ha s approved and signed the ROD. c . The decisionmaker may select any alternative within the range of alternatives anal yz ed in the final EIS . The s elected 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 L OB/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 EI S be prepared and circulated, or may non - concur. Supplements to final EI Ss 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 EI S that involves other environmental laws, regulations, or Executive Orders, such as those related to Section 4(f) land, Federal ly
- 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 availabi lity 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 EI S 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 b y07/25 /1 3 Draft Order 1050.1F

7 - 13 the agency

in making its decision and state how those considerations entered into the decision. b. Id entify

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. Id entify

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 EI S. d. State whether all practicable means to avoid or minimize environmental harm from the selected alternatives have been adopted, and if not, why
. e. In clude any findings required by Executive Order, regulation, o r 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 EI S. If the ROD is prepared following adoption of all or part of another agency’s NEPA docum ent, 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 EI S and committed to in the RO D 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 b y the same FAA LOB/SO that reviewed the final EI S and must be approved and signed by the approving official. The FAA ensures implementation of such mitigation measures through special conditions, funding agreements, contract sp ecifications, directives, other review or implementation procedures, and other appropriate follow
- up actions in accordance with 40 CFR § 1505.3, CE Q Regulations (see Paragraph 4
- 4 , Mitigation, regarding monitoring and enforcement of mitigation commitments)
. **7 -**  **3. -**  **7 -**  **50. Reserved .** 07/25 /1 3 Draft Order 1050.1F

8 - 1 **Chapter 8: F**  **ederal A**  **viation A** **dministration Ac**  **tions Subject to Special Procedures 8**  **- 1.**  **Rulemaking .**  For rulemaking subject to an EA or EI S, 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 EI S must be published at least 90 day s or the NOA of the final EIS must be published at least 30 day s, whichever is later, prior to publishing a final rule. The FAA may waive the 30 day period and publish a final rule concurrentl y w ith a NOA of the final EI S 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 E IS 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 E IS (LEIS) for a legislative proposal that could cause signif icant 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 LEI S along with comments received from circulation of the draft LEI S 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 b y 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 LEI S. 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 LE IS and any public comments received by the FAA, and the final LEI S if required, must be transmitted to Congress within 30 day s 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 Couns el 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 Governm ent and Industry Affairs (AGI )
. **8 -**  **3. Actions**  **with in**  **the U**  **nited S**  **tates 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 anal ys is of any reasonabl y foreseeable transboundary effects in their anal ys is of proposed actions (see CEQ’s Guidance on NEPA Analyses for Transboundary Impacts , July 1, 1997 ). **8 -**  **4. Effects of Major F**  **ederal A** **viation A**  **dministration 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 International07/25 /1 3 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 a ction 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 invo lved in the action; (3) Provision of certain products (or emissions/effluents) which in the United States are strictl y prohibited or strictly regulated because their effects on the environment present a serious public health risk; (4) A phy sical project which, in the United States, would be prohibited or strictly regulated b y 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 b y the Secretary of State. b. Before deciding to approve any action having potential effects in the categories described in Paragraph 8
- 4 .a, the resp onsible 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 prep are a memorandum for the record which states the underl yi ng 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 prepar ed 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 b y the agency, documents should be taken into consideration in taking actions as follows: (1) For major FAA actions significantly affecting the global commons

– an EI S (including generic, program, and specific statements); (2) For major Federal actions significantl y affecting the environment of a foreign nation not participating with the United States and not otherwise involved in the action or major Federal actions significantl y affecting the environment of a foreign nation which provide to that nation products or phy sical 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, b y the United States and one or more foreign nations, or by an07/25 /1 3 Draft Order 1050.1F

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 anal ys es, 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 b y international agreements as set forth in Paragraph 8
- 4 .a(5)
-- an EI S, bilateral or multil ateral 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, af ter the State Department’s notification, all FAA requests to a foreign applicant for information the FAA needs to prepare an environmental study

or an EI S should be forwarded through the civil aviation authority of the applicant’s government. Copies of th e environmental study or EI S and notices of any public hearings planned on the proposed action should be furnished to the: (1) a pplicant ; (2) a ppropriate 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 hav e 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 1 3, 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. § 470 a - 2 ), “[p]rior to the approval of any Federal undertaking outside the United States which may directl y and adversely affect a property which is on the World Heritage List or on the applicable country’s eq uivalent 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.”07/25 /1 3 Draft Order 1050.1F

8 - 4 i. Any substantial differences arising in the course of the environmental study or EI S 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 APLto 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 c oordinate 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 de layed in order to compl y 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 P aragraphs 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 practica ble , 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 arrangem ent. 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 wher e 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 evalu ation 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 compl yi ng with NEPA. **8 -**  **6. Review of Other Agencies’ N**  **ational E**  **nvironmental P**  **olicy A**  **ct Documents**  **.** a. Other Federal , state, or local agencies, or tribe s , may consult the FAA for assistance in analyzing environmental impacts that fall within the FAA’s functional area of07/25 /1 3 Draft Order 1050.1F

8 - 5 responsibility . The FAA should provide its expertise on proposals affecting aviation and other FAA responsibilities as follows: (1) Comm ents 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 wil l 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 R egions , C enters , or S ervice Areas . The following ty pes 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 propos ed Departmental response. (5) Regions, C enters , or S ervice Areas review NEPA documents that do not have national implications. Comments will be forwarded directl y to the office that the originating agency

designates for receipt of comments. I f 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 timel y fashion. If the FAA and other DOT administrations comm ent 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 st atement. b. In accordance with 40 CFR § 1503.2 , CEQ Regulations , the FAA must comment on draft EISs prepared b y other Federal agencies if the FAA has jurisdiction by law or special expertise with respect to any environmental impact involved or is authorize d 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 adequatel y reflected in the environmental document, reply that the FAA has no comment. If the responsible FAA official or AEE prepares07/25 /1 3 Draft Order 1050.1F

8 - 6 comments that request additional information, the request should be as tim ely 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 repl y 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 Agen**  **cies’ N ational**  **E nvironmental**  **P olicy**  **A ct**  **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 EI S 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) adequatel y 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 ad equately 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 b y another agency , the responsib le 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 ye ars have elapsed since the other agency issued its FONSIor its EI S, the responsible FAA official must prepare a written re
- evaluation of the relevant po rtion of the other agency ’s EA or EI S 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 EI S, 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 b y a Federal , state, or local agenc y 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 /1 3 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 E ISs)
. 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 EI S have been satisfied, it may adopt the EI S, 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 b y 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 b y 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 b y EP A of notice that the final EI S is available (unless the FAA grants an extension of time under 14 CFR § 1504.3(b) , CEQ Regulations ). The FAA must compl y with CEQ’s p rocedures for making referrals and responding to referrals, which are outlined in 40 CFR § 1504.3, CEQ Regulations . The FAA
- specific procedures for responding to re ferrals 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 cop y of the notice (FAA airports personnel must provide a cop y 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 b y a commenting agency, the responsible FAA official must send a p roposed response to AEE within 10 day s 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 day s of receipt of the referral. **8 -**  **9. -**  **8 -**  **50. Reserved .** 07/25 /1 3 Draft Order 1050.1F

9 - 1 **Chapter 9: Time Limits, Written Re**  **- Evaluations, and**  **Supplement al N**  **ational E**  **nvironmental P**  **olicy A** **ct 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 p rogrammatic EAs and EI Ss. a. A draft EA may

be assumed valid for a period of three ye ars. If the approving official has not issued a FONSI within three ye ars of receipt of the final draft EA, a written re
evaluation must be prepared in accordance with Paragraph 9
- 2 of this Order (unl ess a decision has been made to prepare a new or supplemental draft EA). b
. For FONSIs , two time limits are established: (1) i f major steps toward implementation of the proposed action (such as the start of construction, substantial acquisition, or relocation activities) have not commenced within three ye ars 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) i f 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 ye ars. If the proposed final EI S is not submitted to the approving official within three ye ars from the date of the draft EIS circulation, a written re
- evaluation must be prepared in accordance with P aragraph 9
- 2 of this Order (unless a decision has been made to prepare a new or supplemental draft EIS). d. For final EI Ss, two time limits are established: (1) i f major steps toward implementation of the proposed action (such as the start of construction, substantial acquisition, or relocation activities) have not commenced within three ye ars of approval of the final EI S , 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 E IS ). (2) i f the proposed action is to be implemented in stages or requires successive Federal approvals, a written re
- evaluation of the continue d adequacy , accuracy , and validity

of the E IS 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 E IS 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 EI S) remain valid or a new or supplemental environmental document is required. There is no specified format for a written re - evaluation.07/25 /1 3 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 o f 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 p rojects 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) d ata and anal ys es contained in the previous EA and FONSI or EI S are sti ll 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) p ertinent conditions and requirements of the prior approval have been, or wil l be, met in the current action. d. The responsible FAA official must sign the written re
- evaluation. Written re
evaluations should be reviewed internall y 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 re
evaluation (i.e., a “WR/ROD”). A WR/ROD might be appropriate, for example, where there is substantial controvers y regarding the need for a supplemental EA or EI S. 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 Paragraph s 6
- 4.a
. (1)
- (4) apply . When there is doubt whether a WR/ROD i s 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 EI S, 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 f urthered b y 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 b y CEQ. If, however, there are compelling07/25 /1 3 Draft Order 1050.1F

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, b ut is not required. b. If a new ROD is required, it cannot be issued sooner than 30 day s after the NOA of the supplemental EI S has been published in the Federal Register. **9 -**  **4. -**  **9 -**  **50. Reserved .** 07/25 /1 3 Draft Order 1050.1F

10 - 1 **Chapter 10: Review**  **a nd**  **Ap proval of N**  **ational E**  **nvironmental P**  **olicy A** **ct 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 legall y sufficient; (2) the concerns of other FAA offices and any related foreseeable agency actions b y other FAA offices are properl y 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. LO B/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 s pecial instructions for proposed actions that cross regional boundaries or LOBs and final EISs that are highl y controversial (see Paragraph 10
- 4.c). **10 -**  **2. Review**  **and Approval of E**  **nvironmental A**  **ssessment s**  **, F**  **indings of N**  **o S**  **ignificant I**  **mpact ,**  **and F indings of**  **N o**  **S ignificant**  **I mpact** **/R ecords of**  **D ecision**  **.** a . EAs and FONSIs O riginating and Approved in FAA Regions, Centers, or Service Areas. The NEPA lead in the Region , C enter , or S ervice 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 Couns el; 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 b y a substantial number of people the project af fects; (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 L OB/SOs and any required legal sufficiency review, the approving official may approve and sign the FONSI. b. EAs and FONSIs O riginating 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 actio ns, 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 b y 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 b y AGC, the approving official m ay 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 affec ted 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 a gency

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 of07/25 /1 3 Draft Order 1050.1F

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 dec ision document provided that the decisionmaker for any other office with an action covered b y 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 b y 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 AGC
600 may waive Regional Counsel’s review of an EA and FONSI. At the headquarters level, AGC may

waive its review of an EA and FONSIupon request by a Program or Office Director. **10 -**  **3. Review and Approval o**  **f Draft E nvironmental**  **I mpact**  **S tatement**  **s .**  a. Draft EISs O riginating in Regions, Centers, or Service Areas ( E xcept Those H aving N ational Interest or Involving Section 4(f) D eterminations). The NEPA lead Region , C enter , or S ervice 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 EI Ss), 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 EI S with the EPA. b. Draft EISs O riginating in Washington, D.C. Headquarters, H aving N ational Interest, or Involving Section 4(f) D eterminations. The NEPA lead L OB/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 E**  **nvironmental I**  **mpact S**  **tatement s**  **.** a. Final EISs O riginating in Regions, Centers, or Service Areas
. (1) Where authority to approve the f inal EIS is in the Region, Center, or Service Area. The N EPA lead Region , C enter , or S ervice Area must coordinate review of the final EI S 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 EI S with the E PA. If headquarters concurrence is required b y an LOB/SO on a final EIS, the NEPA lead must obtain that concurrence prior to approval.07/25 /1 3 Draft Order 1050.1F

10 - 3 (2) Where authority to approve the f inal EIS is retained in Washington, D.C. Headquarters. The NEPA lead must coordinate the final EIS with affected L OB/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 cop y of the final EI S for info rmational purposes. Following AGC legal sufficiency review and concurrence, the approving official may approve and sign the final EI S, and the responsible FAA official may file the final EI S with the EPA. b. Final EISs O riginating in Washington, D.C. He adquarters **.** The NEPA lead L OB/SO must coordinate the final EI S 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 EI S with the EPA. c . Highl y Controversial Final EI Ss. If a final EI S is highl y controversial, AEE must notify P - 1 and the DOT Office of General Counsel (C
- 1) that the final EI S is under review and must provide each with a copy of the summary

section of the final EI S. P
- 1 and C
- 1 must also be given at least two weeks’ notice before approval of the highl y controversial final EI S. **10 -**  **5. Review and Approval of**  **Supplemental E nvironmental**  **I mpact**  **S tatement**  **s** . For supplemental EI Ss, 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 R** **ecords of D**  **ecision .**  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 , C enter , or S ervice 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 inform ational07/25 /1 3 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 /1 3 Draft Order 1050.1F

11 - 1 **Chapter 11: Ad**  **ministrative 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 Networ k. 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**  **T his**  **Orde r**  **.** 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 b y 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**  **T his**  **Order .**  When a change or revision is substantial, AEE must, in addition to th e 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 b y 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/SO s may develop program
- specific explanatory guidance (e.g., orders or guidance documents) consistent with the CEQ Regulations and this07/25 /1 3 Draft Order 1050.1F

11 - 2 Order ( see 40 CFR § 1507.3 , CEQ Regulations ). All FAA LOB/SO s that have previousl y issued such explanatory

guidance must u

pdate 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 propos ed 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 f

inal explanatory

guidance. b. LOB/SO s 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 F AA official with authority to approve and sign FONSI s or EI Ss. 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 ty pe of formal decision docum ent for the FAA. LOB/SOs should designate decisionmakers consistent with Paragraph 10
- 6 of this Order, FAA Order 1100.15 4, Delegations of Authority

, and any other applicable FAA directives. (5) Environmental Studies. The investigation of potential environmental impacts. (6) Human Environment. In cludes the natural and phy sical 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 EI S is prepared and economic or social and natural or phy sical environmental effects are interrelated, then the EI S will discuss all of these effects on the human environment (see 40 CFR § 1508.14 , CEQ Regulations ).07/25 /1 3 Draft Order 1050.1F

11 - 3 (7) NEPA Lead. The FAA LOB/SO, Regional O perating D ivision , C enter , or S ervice 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 n oise 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 DNL65 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 DNL65 dB noise contour where adequate noise attenuation is provided. A site that is unacceptable for outs ide 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 1050.1 F Desk Reference f or 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 N oise 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. F ederal 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 Federall y Recognized Indian Tribe List Act of 1994, 25 U.S.C. § 479a. A Federall y 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 Federall y Recognized Tribes in the Federal Register and maintains this list on its website. The term “tribe” may also refer to state
- recognized07/25 /1 3 Draft Order 1050.1F

11 - 4 tribes under specific authorities for certain DOT programs, especiall y related to surface transportation that may be associated with a particular FAA project. **11 -**  **6. -**  **11 -**  **50. Reserved .** 07/25 /1 3 Draft Order 1050.1F Appendix A

A - 1 **Ap pendix**  **A. A** **cronym 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 L aw 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 AL S
- Approach lighting s ys tems 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 Rout e Traffic Control Centers07/25 /1 3 Draft Order 1050.1F Appendix A

A - 2 ASDE
- Airport Surface Detection Equipment ASH
- Office of Security and Hazardous Materials ASOS
- Automatic Surface Observing Sy stem ASR
- Airport Surveillance Radar AST
- Office of Commercial Space Transportation ATCB
- Air Traf

fic 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 S ys tem 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 L evel 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 EI S
- Environmental Impact Statement EMAS
- Engineered Material Arresting S ys tem EMS
- Environmental Management Sy stem EPA
- U.S. Environmental Protection Agency FAA
- Federal Aviation Administration FHWA
- Federal Highway Administration07/25 /1 3 Draft Order 1050.1F Appendix A

A - 3 FICON
- Federal Interagency Committee on Noise FMS
- Flight Management S ys tem FONSI/ROD
- Finding of No Significant Impact/Record of Decision FTA
- Federal Transit Administration FSS
- Flight Service Station GPS
- Global Positioning System I LS
- Instrument Landing Sy stem INM - Integrated Noise Model IR MTR - Instrument Flight Rules Military Training Route LAAS
- Local Area Augmentation Sy stem LEIS
- Legislative Environmental Impact Statement LLWAS
- Low Level Wind Shear Alert Sy stem 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 Sy stem NCP
- Noise Compatibility Programs NEPA
- National Environmental Policy Act NEXRAD
- Next Generation Radar NextGen
- Next Generation Air Transportation Sy stem NIRS
- Noise Integrated Routing Sy stem NOA
- Notice of Availability NOI
- Notice of Intent NOTAMs
- Notices to Airmen NPDE S
- National Pollutant Discharge Elimination Sy stem NPIAS
- National Plan of Integrated Airport Sy stems NPS
- National Park Service NRHP - National Register of Historic Places NST
- Noise Screening Tool P - 1
- Office of the Assistant Secretary for Transpo rtation Policy07/25 /1 3 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
- Remo te 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 Anal ys is 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 Sy stem WR - Written Re
- evaluation WR/ROD
- Written Re
- evaluation/Record of Decision07/25 /1 3 Draft Order 10 50.1F Appendix B

B - 1 **Ap pendix B. Federal Aviation**  **Ad ministration Requirements for**  **As sessing**  **Impacts Related to Noise and Noise**  **- Compatible Land Use**  **and Section 4(f) of the**

**Department of Transportation A ct**  **(49 U.S.C. § 303)** This appendix contains the Federal Aviation Administration (FAA) requirements for Noise and Noise
- Compatible Land Use as well as compl iance 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 anal ys is of effects in specific environmental impact categories. Practitioners should use the 1050.1F Desk Reference in anal yz ing thes e impacts. **B -**  **1. Noise and Noise**  **- Compatible Land Use**  For aviation noise anal ys es, 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 L evel (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 usu ally 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 guid elines are included in the Noise and Noise
- Compatible Land Use Chapter of the 1050.1F Desk Reference. No noise anal ys is 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 b y the NEPA document do not exceed 90,000 annual propeller operations (247 average dail y operations) or 700 annual jet operations (2 average daily operatio ns). Also, no noise anal ys is is needed for projects involving existing heliports or airports whose forecast helicopter operations in the period covered b y 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 analy sis 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 Re ference, 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 anal ys is. 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 anal ys es must be performed using the standard and default data. Modification to standard or07/25 /1 3 Draft Order 10 50.1F Appendix B

B - 2 default data in FAA
- approved mo dels 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 anal ys is with one cop y of the input data files and corresponding output files used in the noise anal ys is should be provided to the responsible FAA official on electronic media specified b y 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 cop y of AEE’s approval. Noise monitoring data is not required for FAA noise anal ys es, 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 b y noise from the proposed project. The study ar ea 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 analy sis 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 generall y recognized purpose and attribute. Noise compatibility

or non - compatibility

of land use is determined b y comparing the aircraft DNL values at a site to the values in the land use compatibili ty 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 anal ys is 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 generall y recognized purpose and attribute. In addition, if local land use jurisdictions have adopted local noise and land use compatibility standards that diff

er 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 b e 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 anal ys is. Multiple grids may be created, but at least one grid consists of population centroids from the U.S. Census. The differences in noise analy sis 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 1 1.3).07/25 /1 3 Draft Order 10 50.1F 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 anal yz ed 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 readil y understood. The description of current noise conditions is usually c onfined 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., highway s, 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 anal ys is of the potential noise impacts of the proposed action and alternative(s) for each timeframe evaluated. The noise anal ys is will include DNL contours, grid point, and/or change
- of
- exposure anal ys is for the proposed action and each alternative compared to th e 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 anal yz ed, the anal ys is 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 lev el, 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 di sclosed 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 DNL60
- 65 dB contours, only when DNL 1.5 dB increases are documented within the DNL65 dB contour;
 Discussion of the noise impact on noise sensitive areas within the DNL 65 dB contour; and07/25 /1 3 Draft Order 10 50.1F Appendix B

B - 4  Maps and other means to depi ct land uses within the noise study area. The addition of flight tracks is helpful. Illustrations should be sufficiently large and clear to be readil y understood. For air traffic airspace and procedure actions where the study area is larger than the imme diate 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 anal ys is will focus on a change
- in
exposure anal ys is, which examines the change in noise levels a s compared to population and demographic information at population points throughout the study area. This is normally a noise grid anal ys is. 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 densel y or sparsely spaced. Noise contours may

be created; however, noise contours are not required and are not normally used for the anal ys is 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 nee ded to create an accurate representation of the contour. For air traffic airspace and procedure actions done with the above analy sis, change
- of
- exposure tables and maps at population centers and noise sensitive areas (e.g., residences, schools, churches, h ospitals, 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 t o <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 DNLvalues 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 appropriat e when the study area for noise analy sis 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 nois e 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, the07/25 /1 3 Draft Order 10 50.1F Appendix B

B - 5 DNL 6 5 dB threshold does not adequatel y 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 generall y recognized purpose and attribute. When the proposed action or alternative(s) would result in a significant noise increase and is highl y controversial on this basis, the EI S should include information on the human response to noise that is appropriate for the proposal under analy sis. Inclusion of data on bac kground 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 p art 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 bea r relevance to the value, significance, and enjo ym ent 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. F or 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 generall y 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 anal ys is. With respect to historic sites, the FAA may rel y 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 generall y recognized purpose and attribute, such as a historic village preserved specificall y to convey the atmosphere of rural life in an earlier era or a traditional cultural property. If the noise and noise
- compatible land use anal ys is 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 anal yz ed in this context and described accordingl y under the appropriate impact category
. **B -**  **1.6. Supplemental Noise Analysis**  **.** DNL anal ys is may

optionally

be supplemented on a c ase - 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 s pecial circumstances, the FAA will consider use of appropriate supplemental noise anal ys is in consultation with the officials having jurisdiction for national parks, national wildlife refuges, and historic sites including traditional cultural properties wh ere a quiet setting is a generall y recognized purpose and attribute that the FAA identifies within the study area of a proposed action or alternative(s). Such supplemental noise anal ys is 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 anal ys is for use in such c ases .07/25 /1 3 Draft Order 10 50.1F Appendix B

B - 6 Potential metrics for supplemental noise anal ys es are listed in the 1050.1F Desk Reference. **B -**  **1.7. Noise**  **from Sources Other**  **than Aircraft Departures and Arrivals**  **.** For some noise anal ys es , it may be necessary

to include noise sources other than aircraft departures and arrivals in the noise anal ys is. 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 analy sis of surface transportation impacts, including construction n oise, a noise anal ys is 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 .**  I f the proposal requiring an Environmental Assessment ( EA) or Environmental Impact Statement ( EI S ) is the result of a recommended noise mitigation measure included in an FAA
- approved part 150 noise compatibility program (NCP) , the noise anal ys is 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 EI S noise analy sis purposes. **B -**  **1.9. Airport Actions**  **.** For airport actions, documentation must be inc luded to support the required airport sponsor’s assurance under 49 United States Code (U.S.C. ) § 47107(a)(10), formerl y 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 assu rance 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, appl y. 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 /1 3 Draft Order 10 50.1F Appendix B

B - 7 **B -**  **1.12. Flight**  **Standards .**  **B -**  **1.12.1 .**  **Operations Specifications**  **.** In preparing a noise analy sis, the Flight Standards District Office personnel normally will collect information from the operator that includes the airport, ty pes of aircraft and engines, number of scheduled operations per day , and the numb er of day /night operations. The information should also include the operator’s long
- range plans and operation assumptions that are sufficientl y conservative to encompass reasonabl y 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 patentl y 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 consist ent with the ty pical 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 anal ys is, 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 reasonabl y foreseeable operations in the anal ys is. In this situation, the NEPA review should state that the operational assumption was developed solel y for the purpose of environmental anal ys es 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 EI S are full y resolved and the regional Flight Standards Division manager has concurred with the approval. **B -**  **1.12.2 .**  **Aerobatic P ractice 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 anal ys is 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 red uce 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 anal ys is in the immediate vicinity of an airport identifies noise sensitive areas that would have an increase of DNL 3 dB or more from DNL60 dB up to DNL 65 dB noise exposure, the potential for mitigating noise in those areas should be considered, including07/25 /1 3 Draft Order 10 50.1F Appendix B

B - 8 consideration of the same range of mitigation options av ailable 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) protect s significant publicl y owned parks, recreational areas, wildlife and waterfowl refuges, and public and private historic sites. Section 4(f) provides that the Secretary of T ransportation will not approve any program or project that requires the use of any publicl y owned land from a public park, recreation area, or wildlife or waterfowl refuge of national, state , or local significance, or land from any publicl y or privately owned historic site of national, s tate, 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 S ection 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 onl y 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 s ection 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 appl y. 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 , s tate, or local official having jurisdiction over the property. Any statement of insignificance is subject to review b y the FAA. Section 4(f) protects only those historic or archeological properties that are listed, or eli gible 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 p art 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 appropriat e 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 lan ds 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 si milar purposes and shall be considered subject to Section 4(f) unless the controlling agency specificall y determines that the lands are not being used for Section 4(f) purposes.07/25 /1 3 Draft Order 10 50.1F Appendix B

B - 9 When a property is owned by and currently designated for use b y a transportati on 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 ye ars may

be sufficientl y long that it would no longer be considered to be interim or temporary, if challen ged. Where the use of a property is changed by

a s tate 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 especiall y 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) phys ical use or constructive use is involved, as further described in B - 2.2.1 and B 2.2.2 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, patron age, 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 m ay

assist in describing the property and understanding the potential use, whether phy sical taking or constructive use. Any statements regarding the property ’s significance by officials having jurisdiction should be documented and attached. **B -**  **2.2.1 .**  **Phys ical**  **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 phy sical taking of Section 4(f) property in conjunction with the project through purchase of land or a permanent easement, phy sical 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 phys ical 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 /1 3 Draft Order 10 50.1F Appendix B

B - 10 If a project would phys ically 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 phy sical 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 Off icer ( 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 phys ical taking of such property , but also “constructive use.” The concept of constructive use is that a project that does not phy sicall y 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 onl y when the protected activities, features, or attributes of the Section 4(f) property that contribute to its significance or enjo ym ent 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 , s tate, and local officials having jurisdiction over the affected Section 4(f) resources when determining whether project
related impacts would substantially impair the resources. Following consultation and assessment of potential impacts, the FAA is solel y responsible for Section 4(f) applicability and determinations. The land us e 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, si gnificance, and enjoy ment of the Section 4(f) lands in question. The FAA may rel y on the part 150 guidelines in evaluating constructive use of lands devoted to traditional recreational activities. The FAA may primarily rel y upon the day night average sound levels (DNL) in part 150 rather than single event noise anal ys is 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 sy stematically 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 p art 150 guidelines may be in sufficient 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 would07/25 /1 3 Draft Order 10 50.1F 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 phy sical 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 i s 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 generall y 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 enjo ym ent 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 adequatel y address the effects of noise on the expectations and purposes of peopl e visiting areas within a national park or national wildlife refuge where other noise is very low and a quiet setting is a generall y 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 attrib utes 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 rel yi ng 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 co mplete Section 4(f) evaluation. It does not require an anal ys is 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 fo r 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 publ ic 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 /1 3 Draft Order 10 50.1F 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 f or 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 h istoric 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 o ne 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 magni tude 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) proper

ties 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:
 c ompromises 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 no t address the purpose and need of the project);
 results in unacceptable safety or operational problems;  c auses , after reasonable mitigation: o s evere social, economic, or environmental impacts, o s evere disruption to established communities, o s evere or disproportionate impacts to minority or low
- income populations, or07/25 /1 3 Draft Order 10 50.1F Appendix B

B - 13 o s evere impacts to environmental resources protected under other Federal statutes;  results in additional construction, maintenance, or operational costs of an extraordinary

magnitude;
 c auses other unique problems or unusual factors; or  i nvolves 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 onl y 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) identif ies 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 rea sonable mitigation, the magnitude of any adverse impacts to resources not protected b y 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 o f 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 purpo se and need. The final Section 4(f) evaluation must document the anal ys is 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 im pacts 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, and07/25 /1 3 Draft Order 10 50.1F Appendix B

B - 14 impacts or benef

its 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 EI S 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 S ection 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 separatel y. **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 b y lands of equal value, location, and recreation usefulness. A request to convert Land and Water Cons ervation 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 conver sion 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 s tate 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) re source. If a project would phys icall y 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 mea sures. Some examples of potential measures to mitigate impacts to Section 4(f) properties include:07/25 /1 3 Draft Order 10 50.1F Appendix B

B - 15  c hanging project design to lessen the impact on the Section 4(f) property;  replacement of land or facilities (e.g., replacement of a neighborhood park);  m onetary compensation to enhance the remaining segments of the affected Section 4(f) property;  b uilding 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 rep lacement 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 /1 3 Draft Order 1050.1F Appendix C

C - 1 **Ap pendix**  **C . Web A** **ddresses 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/fds ys/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/0/635d123e7 f1050418 625728a005dcaba/$FILE/Order%201320.1E.pdf07/25 /1 3 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 Inst**  **allation Standards Handbook**  https://faaco.faa.gov/attachments/6580_3B
- Dec20.pdf
 **FAA Order 6820.10, VOR** **, V OR/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.go v/documentLibrary /media/Order/7400.2G.pdf07/25 /1 3 D raft Order 1050.1F Appendix D

D - 1 **Ap pendix**  **D . F**  **ederal A**  **viation A** **dministration Guidance on Third Party**  **Contracting for E**  **nvironmental I**  **mpact S**  **tatement Preparation**  **1. I**  **ntroduction .**  a. The Council on Environmental Quality ’s Regulations for Implementing the Provisions of the National Environmental Policy Act (CEQ Regulations), 40 CF R § 1506.5(c) states that any environmental impact statement (EI S) prepared pursuant to the requirements of the National Environmental Policy Act (NEPA) shall be prepared directl y b y 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 § 15 06.5(c) , CEQ Regulations, is to avoid conflicts of interest b y those preparing EI Ss. 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. G**  **eneral G**  **uidance .**  a. The FAA must either prepare an EI S 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 b y a contractor selected b y the FAA and under contract to and paid b y an applicant. Through the statement of work, the contractor is responsible for assisting the FAA in preparing an EIS that m eets the requirements of the CEQ Regulations, the FAA’s NEPA procedures, and all other appropriate Federal , state, and local laws. Since this process is purel y 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 b y a Memorandum of Understanding (MOU) among the FAA, contractor, and the applicant. In such situations, FAA retains oversight of the EI S. 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 pay s for the cost of preparing the EI S ( see number 16 in CEQ’s Forty Most Asked Questions Concerning CEQ’s National Environm ental 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 sele ction 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 b y 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 /1 3 D raft 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 o n 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 b y the applicant. Fo r airport development projects and related activities, the EI S may be funded b y 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 EI S preparation by a contractor selected by

the FAA, Federal procurement requirements do not apply
. F ederal 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 EI S 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) Independentl y evaluating the EI S and verifying environmental information provided by the applicant, or others, adding its expertise through review and revision; (6) Approving the EI S; and (7) Taking r esponsibility for the scope and content of the EI S
.07/25 /1 3 Draft Order 1050.1F Appendix E

E - 1 **A ppendix**  **E . N**  **ational E**  **nvironmental P**  **olicy A** **ct P**  **rocess Flowcharts**07/25 /1 3 Draft Order 1050.1F Appendix E

E - 2 **Exhibit E -**  **1. T**

**ypical C**  **ategorical Exclusion**  **Pr ocess** 07/25 /1 3 Draft Order 1050.1F Appendix E

E - 3 **Exhibit E -**  **2. T**

**ypical E**  **nvir onmental**  **Assessment Pr** **ocess**07/25 /1 3 Draft Order 1050.1F Appendix E

E - 4 **Exhibit E -**  **3. T**

**ypical E**  **nvir onmental Impact Statement**  **Pr ocess**