Updated: 11:59 am ET July 28, 2008
An airport sponsor considering a proposed project must be aware of what environmental documentation is required to satisfy requirements of the National Environmental Policy Act (NEPA).
Some projects, such as equipment acquisition, may be clearly categorically excluded from any formal environmental review. The acquisition of security equipment (required by 14 CFR Part 107), safety equipment (required by 14 CFR Part 139) or snow removal equipment, are categorically excluded. It is not necessary for the sponsor to provide a formal environmental review for such projects.
Other projects may be considered for a categorical exclusion if the extent of the impact is relatively small or insignificant. Proposed actions that do not individually or cumulatively have a significant effect on the human environment would not require an environmental assessment nor an environmental impact statement. Tables 6-1 and 6-2 of FAA Order 5050.4 lists examples of such projects.
To aid the FAA in making a determination as to whether a categorical exclusion is appropriate for a proposed project, we will request the sponsor to complete a Categorical Exclusion Checklist. This checklist acts as a screening process to evaluate the impact of the proposed improvement and to deterimine whether a categorical exclusion is appropriate or if an environmental assessment is required. Sponsors should strive to furnish accurate and sufficient information to avoid delays in the evaluation process. The Sponsor will have to contact other State and Federal agencies to complete the checklist.
To ensure the proposed project will not violate the requirements of NEPA, the Endangered Species Act, the Historic Preservation Act, or Section 404 of the Clean Water Act, the Sponsor should normally solicit comments from at least the following agencies:
The letter of solicitation should include a complete description of the project along with a location map (airport identified on a quadrangle map) and a schematic drawing of the project. The agencies should be informed of any previous studies performed at the airport which might be applicable (i.e., archaeological and biological surveys for previous projects). The agencies should be instructed to provide a response within 30 days of the request for review..The responding agency may at times ask for more information. The sponsor should attempt to answer the questions as promptly and accurately as possible. A request for more information does not automatically indicate that an Environmental Assessment is needed.
If no response is received after the 30 day time period, the sponsor may reasonably assume that the agency has no concerns with the project. The Sponsor should document any non-response in their letter of submission.
If an agency responds with “no objection,” or by lack of response after the 30 day period, a Categorical Exclusion may be appropriate for the project.
If an agency responds that it has concerns or that the project “may affect” an environmental resource, the Sponsor may need to: (1) seek additional research or data, for example, a wetlands delineation or archaeological survey; or (2) proceed with preparation of an Environmental Assessment.
The sponsor's letter of solicitation and its enclosures, the comments from the responding agencies, and the CE Checklist, should then be forwarded as a package to the FAA.
The items listed below may be categorically excluded from the requirement for formal environmental assessment, provided they don't trigger any extraordinary circumstances (ref. FAA Order 5050.4, Table 6-3) that would create a requirement for an environmental assessment. The FAA will use the information provided in the categorical exclusion checklist to determine whether or not extraordinary circumstances exist.
11:59 am ET July 28, 2008