Section
2. Environmental Processing
32-2-1. PROCEDURES
The
Terminal or En Route & Oceanic Service
Area must conduct the NEPA process for
any proposed air traffic action in their
area of jurisdiction with the potential
to impact the human environment.
Examples of air traffic actions include,
but are not limited to, procedural
changes that create new or alter
existing flight tracks over noise
sensitive areas or altitudes utilized by
aircraft, certain SUA requests or
changes, and initiatives effecting
operational changes (for example,
changes in runway use percentage or
heading). Environmental documentation
for such actions must be completed prior
to approval and subsequent
implementation (see
Appendix 1, Environmental Study
Process Flow Chart, for the steps from
action concept to implementation).
If the
FAA is not the proponent of the proposed
air traffic action (e.g., the Department
of Defense or an Airport Sponsor [the
proponent] requests the FAA to take the
action) then the proponent is
responsible for funding and preparation
of environmental documentation
associated with the proposed action. FAA
Order 1050.1E, “Environmental Impact:
Policies and Procedures,” paragraph 203b
and 203c discuss responsibility for
preparation of EAs or EISs
(respectively) where FAA must approve
the project. Signature authority for the
environmental documents discussed in
this section must be in accordance with
Paragraph 32-1-4, Delegation of
Authority, of this chapter.
The
FAA or non-FAA proponent must prepare
and submit the associated environmental
documentation in conjunction with the
proposed air traffic action, as follows:
a. Determination
of Appropriate Environmental
Documentation. The appropriate level of
environmental documentation required
must be determined after all portions of
a proposed action have undergone the Air
Traffic Initial Environmental Review
(IER) (see
Appendix 5). The IER must be used
for all projects that will require
headquarters-level funding for
completion of the environmental process.
For those projects not being funded at
the headquarters level, completion of
the IER is optional. Facility personnel
and the Service Area Environmental
Specialist must coordinate the IER
process. For IFP actions reviewed
through the IFP Environmental
PreScreening Filter, the OSG FPT or
Environmental Specialist must determine
the appropriate level of environmental
documentation after reviewing of the
results from the Filter.
The
completed IER, along with a
recommendation as to whether the
proposed action warrants no further
environmental review, a CATEX, or
preparation of an EA or an EIS must be
forwarded to the Service Area
Environmental Specialist. Field
personnel must consult FAA Order 1050.1E
before making a recommendation on the
appropriate level of environmental
review for a proposed action. Following
are specific sections of FAA Order
1050.1E that must be reviewed.
1. Advisory
Actions, paragraph 301. A memorandum to
the file may be the only documentation
necessary.
2. Emergencies,
paragraph 302.
3. Extraordinary
Circumstances, paragraph 304.
4. Categorical
Exclusion, paragraphs 303 and 307
through 312, and Extraordinary
Circumstances, paragraph 304. Only those
categorical exclusions listed may be
cited.
A
review of paragraph 305 will assist in
determining the appropriate level of
environmental documentation required for
a CATEX (see
Appendix 6 of this order for a
“Sample Categorical Exclusion
Declaration").
5. Chapter
4 of FAA Order 1050.1E addresses EAs and
FONSIs. A review of this chapter will
assist in determining when to prepare
these documents. The FAA may adopt, in
whole or in part, an EA prepared by
another Federal agency. Consult FAA
Order 1050.1E paragraph 404d to
determine if the EA meets the criteria
for FAA adoption.
6. Chapter
5 of FAA Order 1050.1E addresses EISs
and RODs. A review of this chapter will
assist in determining when and how to
prepare these documents.
7. A
review of FAA Order 1050.1E, Appendix A,
Section 14 will assist in determining
whether a noise analysis is warranted
and if so, what type of analysis should
be conducted. A noise analysis requires
several different types of input data
including radar data. This data is
available to FAA and other Federal
Government personnel. Request for the
data should be made through the Service
Center Area Environmental Specialist
assigned to the proposal.
However, requests for the FAA to release
radar data, to other than FAA personnel,
for use in noise studies or NEPA
documents should be via FAA Order
1200.22C, Use of National Airspace
System (NAS) Computer and Radar Data or
Equipment by Outside Interests, or the
Freedom of Information Act (FOIA)
process. It may be simpler and more
expedient to utilize the FOIA process,
as FOIA does not require use of the Data
Release Review Committee or a Memorandum
of Agreement between the FAA Field
Facility and an Environmental
Contractor. Consultation with the
Service Area Environmental Specialist
should occur if radar data is needed.
b. Preparation
of Environmental Documents. Following
are the various levels of environmental
studies and documentation that may be
prepared.
1. Actions
Not Subject to NEPA Review. See FAA
Order 1050.1E, paragraph 200e(4), for a
list of actions that require no
environmental study.
2. No
Further Environmental Action Required.
Some air traffic actions are subject to
NEPA review, but require no further
environmental action after the initial
NEPA review is completed. These actions
relate to modifications to airspace
and/or procedures and may fit some or
all of the following criteria. The
proposed change:
(a) is
above 7,000 feet (ft) above ground
level (AGL) for arrivals, and/or above
10,000 ft AGL for departures and/or
overflights;
(b) is
over a non-noise sensitive area(s);
(c) does
not alter the current noise
foot-print;
(d) does
not cause the following noise level
changes over noise sensitive areas, as
defined in FAAO 1050.1E, paragraph
11.b(8):
(1) 1.5
dB within the 65 DNL contour,
(2) 3.0
dB within the 60-65 DNL contour, or
(3) 5.0
dB within the 45-60 DNL contour.
(e) is
above 18,000 ft AGL.
Currently there is no reason to analyze
aircraft noise above 18,000 ft AGL. Any
decision to analyze aircraft noise above
10,000 ft AGL is an exception and should
be coordinated with the ATO Airspace
Management Group at FAA headquarters at
the earliest possible time.
Consideration for analyzing the proposed
change between 10,000 ft and 18,000 ft
AGL will be given when there is a
National Park or Wildlife Refuge in the
study area and the change is likely to
be highly controversial. (See
Memorandum, Change in Air Traffic Noise
Screen Policy, dated January 7, 2001.)
For IFP actions reviewed through the IFP
Environmental PreScreening Filter, most
of these determinations will be made
automatically based on the information
input into the Filter.
NOTE-
An FAAapproved environmental screening
tool or model
must be used
to confirm the noise data when the
project is not processed through the IFP
Environmental PreScreening Filter. (See
FAA Order 1050.1E, Appendix A, Paragraph
14.6 for those projects that do not
require a noise analysis.)
Following review and consultation, the
field Facility Manager and Service Area
Environmental Specialist may agree that
no further environmental review is
required. When this occurs, the
originating facility must prepare a
memorandum to the file and attach any
supporting documentation, which
indicates the basis for the
determination (i.e., copy of the
proposed action that includes references
to the above criteria, results of the
noise review, etc.). Additionally, the
memorandum must include, if applicable,
references to the provisions of FAA
Order 1050.1E that support the
determination (i.e., the proposed action
is administrative or advisory in
nature).
3. Categorical
Exclusions (CATEXs). After completion of
the IER (when applicable), the
originating facility must forward the
IER and any supporting environmental
documentation (CATEX, EA or EIS) to the
Service Area Environmental Specialist
for concurrence. The Service Area
Environmental Specialist must then
prepare the Categorical Exclusion
Declaration (see Appendix 6). If the IFP
Environmental PreScreening Filter is
used, then the environmental data is
gathered electronically instead of
through the IER, and it is forwarded to
the appropriate next step in the IFP
process. A CATEX does not apply to a
proposal if extraordinary circumstances
as described in FAA Order 1050.1E,
paragraph 304, exist.
4. Environmental
Assessments (EA). Although the Facility
manager must make a recommendation on
the level of environmental review, the
Service Area Environmental Specialist
must make the final determination as to
whether the proposed action warrants
preparation of an EA or an EIS. For
proposed actions that warrant an EA, the
Service Area Environmental Specialist
may need to request additional
resources, funding, and information to
support the proposal. Consultation with
the Airspace Management Group regarding
projects at this stage is recommended.
If an independent contractor is to
prepare the EA, the Service Area
Environmental Specialist must oversee
the preparation to ensure compliance
with FAA Order 1050.1E, chapter 4.
FAAO
1050.1E, chapter 4 summarizes and
supplements requirements of CEQ for EAs.
The CEQ regulations do not specify a
required format for an EA, however FAA
Order 1050.1E, paragraph 405, contains a
sample format that will facilitate
preparation of an EA, and integrate
compliance with other environmental
laws, regulations, and Executive Orders
with NEPA review.
5. Findings
of No Significant Impact (FONSI). If an
EA reveals that a proposed air traffic
action would not cause significant
adverse impacts, the Service Area
Environmental Specialist must prepare a
FONSI.
FAA
Order 1050.1E, paragraph 406, summarizes
and supplements CEQ requirements for
FONSIs. The CEQ regulations do not
specify a format for FONSIs, but FONSIs
must contain the information discussed
in 40 CFR 1508.13. The FONSI may be
attached to an EA, may be combined with
the EA in a single document, or may be a
stand-alone document. Paragraph 406
should be reviewed in detail prior to
completion of a FONSI to assist in
determining the type of document to
prepare. If the FONSI is not combined
with or attached to an EA, it must
include a summary of the EA and note any
other environmental documentation
related to it. If the FONSI is attached
or included with the EA, the FONSI does
not need to repeat any of the
discussions in the EA but may
incorporate them by reference. All
documentation relied upon must be made
available to the public upon completion
of the environmental process.
If
mitigation is included as a requirement
in the FONSI, appropriate follow-up
actions must be taken to ensure that the
required mitigation is implemented. The
service area preparing the FONSI is
responsible for ensuring that the
required mitigation is implemented.
6. Environmental
Impact Statement (EIS). If a proposed
action requires preparation of an EIS,
the Service Area Environmental
Specialist must advise the Area Director
when there is a need to seek funding
and/or resources for the EIS.
Consultation with the Airspace
Management Group regarding projects at
this stage is highly recommended. The
FAA or a contractor it selects will
prepare an EIS for projects that
potentially may cause significant
environmental impacts (40 CFR Part
1506.5(c)). If an independent contractor
is to prepare the EIS, the Service Area
Environmental Specialist must oversee
the preparation to ensure compliance
with FAA Order 1050.1E, paragraphs 503
through 511.
NOTE-
The Service Area Environmental
Specialist must ensure that all EAs and
any subsequent EISs for proposed air
traffic action within their area of
jurisdiction meet the requirements of
FAA Order 1050.1E. The originating
facility is responsible for the accuracy
of operational data and assumptions
contained therein.
7. Record
of Decision (ROD). For all proposed air
traffic actions that have been the
subject of an EIS, the Service Area
Environmental Specialist must prepare a
ROD in accordance with FAA Order
1050.1E, paragraph 512. (For proposed
air traffic actions for which a FONSI is
prepared, the Service Area Environmental
Specialist should consider preparing a
ROD in accordance with FAA Order
1050.1E, paragraph 408.)
If an
independent contractor prepares the EIS,
that contractor may also support
preparation of the ROD. However, the ROD
documents the agency's decision on the
Federal action and remains the
responsibility of the FAA.
32-2-2. 14 CFR PART
150 STUDIES
Airport Sponsors (Operators) may choose
to conduct a 14 CFR part 150, Airport
Noise Planning, Land Use Compatibility
Guidelines, study to analyze the
operation of an airport, identify
compatible and non-compatible land uses,
and assess the costs and benefits of
noise mitigation techniques. Noise
Compatibility Programs that result from
Part 150 studies often recommend
modifications to air traffic routes
and/or procedures to accomplish noise
abatement. The FAA does not normally
make changes in air traffic routes
and/or procedures solely for the purpose
of noise abatement. However, under Part
150, the FAA can approve flight
procedures to reduce noise that are
recommended in a Noise Compatibility
Plan. If modifications to air traffic
routes and/or procedures are
recommended, air traffic will evaluate
those recommendations as to feasibility
and provide input to the appropriate
Airports Program office.
While preparation of a 14 CFR Part 150
study does not necessarily invoke NEPA,
the potential implementation of
recommended noise abatement measures,
such as alternative air traffic
procedures, is subject to the NEPA
process by the air traffic program.
During the Part 150 process, Facility
Managers should keep the Airports
Division or Airports District Office
representative and the Service Area
Environmental Specialist advised of any
alternative air traffic control
procedures that have the potential to
invoke the NEPA process. The Facility
Managers are responsible for ensuring
that current operational data and
assumptions (furnished to the entity
completing the Part 150 process) are
accurate and that future operational
data and assumptions reflect reasonable
conditions. (Operational data in this
context relates to flight track and
profile data and/or documentation.)
The
facility environmental representative
and the Service Area Environmental
Specialist must coordinate with the
Airports Division or Airports District
Office representative throughout the
Part 150 process. This coordination
should ensure that assumptions and data
used are reviewed at each phase and
results can be verified early in the
process. Early coordination will allow
for needed adjustments in any
operational assumptions prior to
completion of the study.
The
Service Area Environmental Specialist
must coordinate with the Airports
Division or Airports District Office
personnel to furnish any data necessary
for use in the 14 CFR Part 150 study.
Additionally, air traffic participation
in the process does not constitute air
traffic approval for a 14 CFR Part 150
action.
During
other noise studies conducted by the
Airport Sponsor, Facility Managers and
Service Area Environmental Specialists
must work with the Airport Sponsor and
Airports Program personnel on the
exchange of information as described
above.
32-2-3. SPECIAL USE AIRSPACE (SUA)
The
purpose of this section is to ensure
that air traffic personnel and SUA
proponents are aware of the need to
comply with NEPA and CEQ requirements
for evaluating the environmental impacts
of proposed SUA actions. (See, for
example, FAA Order 1050.1E, paragraph
401p.) This section supplements the
airspace processing requirements
contained in
Part 5. of this Order.
Normally, SUA is designated to support
DOD requirements. The FAA/DOD Memorandum
of Understanding (MOU) provided in
Appendix 7, sets forth procedures
and responsibilities for the evaluation
of the environmental impacts of DOD SUA
proposals. It designates when DOD is the
lead agency and when FAA is the
cooperating agency for NEPA compliance
on SUA proposals.
Appendix 8, FAA Special Use Airspace
Environmental Processing Procedures,
establishes air traffic environmental
processing procedures for proposed SUA
actions. In the case of SUA proposals
submitted by non-DOD Federal agencies,
the responsibility for preparation of an
EA or EIS, if required, rests with the
proponent (i.e., the requesting Federal
agency). However, the FAA retains
responsibility under NEPA to ensure that
its SUA actions are supported by
adequate environmental documentation
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