Section 3. Environmental Impact Analysis Procedures for ATCAAs

  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.