Section 3. Environmental Impact Categories and
Other Topics
Appendix A of FAAO 1050.1E, "Analysis of
Environmental Impact Categories" summarizes the
requirements and procedures for environmental
impact analyses according to the resource impact
category. Executive Orders, DOT and FAA Orders,
and memoranda and guidance documents described
in Appendix C of FAAO 1050.1E may also contain
requirements that apply.
Although all resource impact categories may
receive the same level of review and analysis, the
actual level of detail of review and analysis for a
particular resource is dependent upon the potential
for impact. The following paragraphs address those
impact categories that often do not receive an
appropriate level of environmental review for
proposed air traffic.
32-3-1. DEPARTMENT OF
TRANSPORTATION (DOT) ACT SECTION
4(f) (RECODIFIED AS 49 USC SECTION
303(c))
Air Traffic personnel need to consult with all
appropriate Federal, state and local officials having
jurisdiction over an affected Section 4(f) resource
when determining whether project-related noise
impacts would constitute a use of that resource.
FAAO 1050.1E, Appendix A, Section 6, provides
guidance on matters relevant to Section 4(f). (See
also
Appendix 9, "Noise Policy for
Management of Airspace Over Federally Managed
Lands.")
32-3-2. ENVIRONMENTAL JUSTICE
(TITLE VI/NEPA)
Air Traffic personnel need to know the process and
requirements for environmental justice compliance.
DOT Order 5610.2, Environmental Justice,
requires analysis of impacts of proposed FAA
actions to ensure that minority and low-income
population groups are not disproportionately affected. Additionally, FAAO 1050.1E,
Appendix A, Section 16, summarizes the requirements and procedures to be used in environmental
impact analysis related to environmental justice,
as well as other socioeconomic impacts and
children's environmental health and safety risks.
Facilities should identify who benefits and who is
adversely affected by the proposed actions, while
noting impacts on specific subgroups.
32-3-3. COMMUNITY INVOLVEMENT
Air Traffic personnel need to ensure that the FAA
fulfills the spirit and the letter of NEPA, and that the
environmental process is legal and efficient.
Community involvement at the earliest possible time
in developing alternatives is essential in the
preparation of an EIS and, where appropriate, for an
EA. The Service Area Directors (or their designee)
shall ensure that the community involvement
process is coordinated appropriately during the
alternatives development process for proposed
modification to air traffic airspace and/or procedures
(see FAAO 1050.1E, paragraphs 208 and 209, and
the FAA's "Community Involvement Policy" statement in
Appendix 10 of this order).
32-3-4. CUMULATIVE IMPACTS
Air Traffic personnel shall ensure that cumulative
impacts are appropriately addressed in all EAs and
EISs for air traffic actions. Cumulative impacts are
those that result form the incremental impact of an
action when added to other past, present, and
reasonably foreseeable future actions, regardless of
what agency (Federal and non-Federal) or person
undertakes such other actions. Cumulative impacts
may result from individually minor but collectively
significant actions taking place over a period of time.
(See FAAO 1050.1E, paragraph 405f(1)(c), and also
"Considering Cumulative Effects Under the National
Environmental Policy Act (1997).")
32-3-5. OTHER CURRENT AIR TRAFFIC
ISSUES
Although there are other actions that may be initiated
by Air Traffic to make changes in airspace and/or
procedures, the following two categories are
currently the largest. They have the potential to affect
a number of field facilities and require the
involvement of additional personnel in the environmental review process.
a. Performance-Based Navigation (RNAV/RNP
by GPS/FMS Equipped Aircraft).
The significant number of changes to airspace, route
structures, and instrument approach and departure
procedures precipitated by aircraft equipped with
Global Positioning System (GPS) and Flight
Management System (FMS) capabilities has the
potential to cause a significant increase in actions
affecting the environment.
Among these navigation systems are several
concepts. For brevity, only two of these concepts will
be addressed here; Area Navigation (RNAV) and
Required Navigation Performance (RNP).
RNAV is a method of navigation that enables aircraft
to fly on any desired flight path within the coverage
of specific navigational aids (NAVAIDS) or within
the capable limits of a self-contained system. RNAV
can also be a combination of capabilities from a
self-contained system and specific NAVAIDS.
RNP refers to RNAV operations that provide
navigation containment and have flight monitoring
capabilities.
The added flexibility and proliferation of these
navigation systems has the potential to affect the
human environment. This is due, in part to the
introduction of instrument flight rules procedures not
previously applied to low altitude aircraft operations,
and the anticipated reduction in separation standards.
It is imperative to fully examine and document the
environmental impact of each step in the RNAV and
RNP development process.
b. National Airspace Redesign (NAR).
The NAR is a program developed to review the
design of all national airspace resources to ensure
effective and efficient management of the national
airspace system (NAS). The goals of the NAR are to:
1. Increase system flexibility, predictability,
and access;
2. Maintain and improve system safety;
3. Improve efficiency and reduce delays; and
4. Support the evolution of emerging
technologies.
Projects related to the NAR generally involve
large-scale airspace changes that include multiple
airports and terminal radar areas. It is generally the
environmental process associated with these larger
scale airspace changes that require completion of the
Initial Environmental Review and funding at the
headquarters level. Periodically there are other
airspace changes, which may be related to
larger-scale NAR projects but may only involve a
single airport.
32-3-6. RECORDS RETENTION
Records retention must be in accordance with the
appropriate paragraph(s) in FAAO 1350.15, Records
Organization, Transfer, and Destruction Standards.
NOTE-
Although chapter 10 of FAAO 1350.15 contains Air
Traffic-specific information, guidance for retention of
environmental documentation is contained in that portion
of the order specific to the Airports Division.
Environmental record-keeping should receive
special attention at the field facility level. If an
action requires preparation of an EA or an EIS, the
Service Area Environmental Specialist shall maintain the Administrative Record. The Administrative
Record is important in the environmental process
because it is a compilation of all the information
relied upon by in the FAA decision-making process.
Since some environmental projects may extend over
several years, the Administrative Record becomes a
history of events. In the event of a legal challenge,
the Administrative Record will be reviewed by the
U.S. Court of Appeals to determine if the FAA
complied with the requirements of NEPA. The data
and documentation contained in the record can
also be used as the starting point for any follow-on
environmental studies.
Field facility personnel shall consult with their
Service Area Environmental Specialist to obtain
guidance on what should or should not become part
of the Administrative Record. Regional counsel or
AGC-620, as appropriate, should also be consulted
on this. Federal court rules provide that when an FAA
action is challenged in court, the agency has 40 days
to compile the Administrative Record, make
necessary copies, and file an index to the record with
the court. Therefore, it is preferable to begin
development of the record at an early stage of a
project, instead of waiting until a lawsuit is filed.
32-3-7. APPENDICES
a.
Appendix 1. Environmental Study
Process Flow Chart.
b.
Appendix 2. Special Use Airspace
Aeronautical Processing Flow Chart
c.
Appendix 3. Special Use Airspace
Environmental Processing Flow Chart
d.
Appendix 4. FAA Procedures for
Processing SUA Actions Summary Table
e.
Appendix 5. Air Traffic Initial Environmental Review (IER)
f.
Appendix 6. Sample Categorical Exclusion Declaration.
g.
Appendix 7. FAA/DOD Memorandum of Understanding.
h.
Appendix 8. FAA Special Use
Airspace Environmental Processing Procedures.
i.
Appendix 9. Noise Policy for Management of Airspace Over Federally Managed Lands.
j.
Appendix 10. Community Involvement Policy.
|
