Chapter 9. Air Traffic Control Assigned Airspace (ATCAA) Procedures

Section 3. Environmental Impact Analysis Procedures ­for ATCAAs

9-3-1. ENVIRONMENTAL REVIEW PROCESS FOR ATCAA PROPOSALS

  1. The establishment, modification, and use of ATCAAs are Federal Actions subject to NEPA review and ­documentation requirements. Compliance with FAA Order 1050.1, Environmental Impacts: Policies and ­Procedures and FAA Order JO 7400.2, Procedures for Handling Airspace Matters, Chapter 32, Environmental ­Matters, is required for a proponent to use FAA-regulated airspace. For the FAA to fulfill its NEPA ­documentation requirements, the proponent is responsible for providing the FAA with their NEPA ­documentation of their proposed ATCAA use, whether stand-alone or with SUA.
  2. The proponent must conduct their own environmental impact review and documentation of their proposed ­actions to take place in the ATCAA in accordance with its agency's NEPA implementing regulations. Prior to ­the proponent's issuance of an environmental decision (i.e., Categorical Exclusion (CATEX), Environmental ­Assessment/Finding of No Significant Impact (EA/FONSI), Environmental Impact Statement/Record of ­Decision (EIS/ROD)), the proponent should involve the FAA's EPS as early as possible in the development of ­its NEPA documentation.
  3. If the ATCAA is being created or modified along with associated SUA, the proponent's entire ­SUA-ATCAA use proposal will be evaluated by the Service Center EPS for environmental impacts according ­to the process described in FAA Order JO 7400.2, Chapter 21, Section 3, SUA Proposals; FAA Order 1050.1, ­Environmental Impacts: Policies and Procedures; and FAA Order JO 7400.2, Chapter 32, Environmental ­Matters.
  4. All ATCAA proponents are required to include an environmental impact analysis of their proposed actions ­in the ATCAA proposal. When the proponent's use of an ATCAA is part of a broader proposed action, the ­proposed use of the ATCAA should be included in the proponent's Description of Proposed Action and ­Alternatives in their NEPA document. FAA's review of the proponent's NEPA documents will be conducted by ­the responsible Service Center EPS in accordance with the requirements of FAA Order 1050.1 and FAA Order ­JO 7400.2, Chapter 32, Environmental Matters.
  5. Proposals to establish or modify ATCAA without changes to associated SUA are submitted directly to the ­controlling agency. To accomplish the required NEPA review, the controlling agency will provide the Service ­Center OSG with the ATCAA use request and controlling agency recommendation.
  6. The Service Center EPS must support development of the proponent's NEPA documentation of their ­proposed actions that include the proponent's use of ATCAA(s) and prepare the FAA's NEPA adoption ­documentation in accordance with FAA Order 1050.1, paragraph 8-2, Adoption of Other Agencies NEPA ­Documents, and FAA Order JO 7400.2, Chapter 32, Environmental Matters.
  7. The proponent must provide all relevant technical data (e.g., aeronautical information, aircraft noise data, ­noise modeling results, etc.) related to the proposed use of the ATCAA (and proposed use of other ­FAA-regulated airspace that may be part of the proponent's proposed action) as necessary to support the FAA's ­environmental impact review for adoption of the proponent's NEPA documents.
  8. Approval authority for environmental decisions in the FAA's NEPA adoption document (i.e., CATEX, ­EA/FONSI, EIS/ROD) associated with the proponent's use of the ATCAA is in accordance with FAA Order JO ­7400.2, Chapter 32, Appendices 4 and 8.
  9. Once the FAA has adopted the proponent's NEPA document, the controlling agency may then make an ­approval determination.