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Federal Register / Vol. 70, No.

243 / Tuesday, December 20, 2005 / Notices 75529

DATES: Please submit comments by DEPARTMENT OF TRANSPORTATION agencies to develop and, as needed,
January 19, 2006. revise implementing procedures
Federal Aviation Administration consistent with the CEQ regulations.
FOR FURTHER INFORMATION CONTACT: Judy The FAA’s current Order 1050.1E,
Street on (202) 267–9895. [Docket No. FAA 2005 22020]
Environmental Impacts: Policies and
SUPPLEMENTARY INFORMATION: Environmental Impacts: Policies and Procedures, provides FAA’s policy and
Procedures procedures for complying with the
Federal Aviation Administration (FAA) requirements of: (a) The CEQ
AGENCY: Federal Aviation regulations for implementing the
Title: Pilots Convicted of Alcohol or Administration, DOT. procedural provisions of NEPA; (b)
Drug-Related Motor Vehicle Offenses or
ACTION: Notice; request for comment. Department of Transportation (DOT)
Subject to State Motor Vehicle
Order DOT 5610.1C, Procedures for
Administrative Procedures. SUMMARY: The Federal Aviation Considering Environmental Impacts,
Type of Request: Renewal of an Administration (FAA) proposes to and (c) other applicable environmental
approved collection. revise its procedures for implementing laws, regulations, and executive orders
the National Environmental Policy Act, and policies. The FAA is proposing to
OMB Control Number: 2120–0543. Order 1050.1E, Environmental Impacts: amend Order 1050.1E with Order
Form(s): None. Policies and Procedures, with proposed 1050.1E, Change 1.
Affected Public: A total of 970 pilots. Order 1050.1E, Change 1. The revisions
in proposed Order 1050.1E, Change 1, Request for Comment
Frequency: The information is
include: Changes for clarification; As part of revising its environmental
conducted on an as-needed basis. changes for consistency; a change for order, the FAA is seeking public
Estimated Average Burden Per addition of information; corrections; comment regarding the proposed
Response: Approximately 10 minutes editorial changes, and the addition of changes as described in the following
per response. Categorical Exclusion 311f for synopsis of changes.
Estimated Annual Burden Hours: An prohibited areas. This notices provides
the public opportunity to comment on Synopsis of Proposed Changes
estimated 162 hours annually.
the proposed changes. All comments on The proposed FAA Order 1050.1E,
Abstract: 14 CFR Part 61 requires the proposed changes will be
airmen to notify the FAA of any Change 1, Environmental Impacts:
considered in preparing the final Policies and Procedures, includes
conviction or administrative action version of FAA Order 1050.1E, Change
resulting from any alcohol or drug additions or changes to the current
1. version of FAA Order 1050.1E which
related motor vehicle offense within 60 DATES: Comments must be received on may be of interest to the public and
days of the offense. or before January 19, 2005. other government agencies and
ADDRESSES: Send comments to the ADDRESSES: Comments should be organizations. The revised Order
Office of Information and Regulatory mailed, in triplicate, to the Federal 1050.1E, Change 1, would institute
Affairs, Office of Management and Aviation Administration (FAA) Office of changes in the following chapters and
Budget, 725 17th Street, NW., the Chief Counsel, Attn: Rules Docket sections of Appendices A and C.
Washington, DC 20503, Attention FAA (AGC–200), Docket No. FAA 2005 Changes are shown by italic text.
Desk Officer. 22020, 800 Independence Avenue, SW.,
Chapter 3. Advisory and Emergency
Comments are invited on: Whether Room 915G, Washington, DC 20591.
Actions and Categorical Exclusions
the proposed collection of information Comments may be inspected in Room
is necessary for the proper performance 915G between 8:30 a.m. and 5 p.m., (1) Ch. 3, Para 301c: Change for
weekdays except Federal Holidays. clarification. The category of ‘‘warning
of the functions of the Department,
Commenters who wish the FAA to areas’’ has been added to the list of
including whether the information will
acknowledge the receipt of their advisory actions. FAA regulations
have practical utility; the accuracy of
comments must submit with their define ‘‘warning area’’ as airspace of
the Department’s estimates of the comments a self-addressed, stamped defined dimensions, extending from 3
burden of the proposed information postcard on which the following nautical miles outward from the coast of
collection; ways to enhance the quality, statement is made: ‘‘Comments to the United States, that contain activity
utility and clarity of the information to Docket No. FAA 2005 22020.’’ The that may be hazardous to
be collected; and ways to minimize the postcard will be dated-stamped by the nonparticipating aircraft. (see 14 CFR
burden of the collection of information FAA and returned to the commenter. § 1.1). The purpose of a warning area is
on respondents, including the use of SUPPLEMENTARY INFORMATION: The to warn nonparticipating pilots of the
automated collection techniques or National Environmental Policy Act potential danger. Designation of a
other forms of information technology. (NEPA) and implementing regulations warning area is not necessary for the
Issued in Washington, DC, on December promulgated by the Council on hazardous activity to occur. Therefore,
14, 2005. Environmental Quality (CEQ) (40 CFR the FAA is proposing to classify
Judith D. Street, parts 1500–1508) establish a broad designation of warning areas, like
national policy to protect the quality of designation of alert areas, as an advisory
FAA Information Collection Clearance action.
Officer, Information Systems and Technology the human environment and provide
Services Staff, ABA–20. policies and goals to ensure that 301c. Designation of alerts areas and
environmental considerations and warning areas under FAA Order 7400.2,
[FR Doc. 05–24275 Filed 12–19–05; 8:45 am]
associated public concerns are given Procedures for Handling Airspace
BILLING CODE 4910–13–M
careful attention and appropriate weight Matters.
in all decisions of the Federal (2) Ch. 3, Para. 304c: Change for
Government. Section 102(2) of NEPA clarification. The paragraph was revised
and 40 CFR 1505.1 require Federal to include coastal zones in the list of

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75530 Federal Register / Vol. 70, No. 243 / Tuesday, December 20, 2005 / Notices

examples of a natural, ecological, or total structure height reaching (6) Ch. 4, Para 401p.(5): Change for
scenic resource. approximately 50-ft in height. (ATO, clarification. Text was added to the
304c. An impact on natural, APP, AST) paragraph to differentiate between
ecological (e.g., invasive species), or (4) Ch. 3, Para. 311f: Addition of temporary and permanent changes to
scenic resources of Federal, Tribal, Categorical Exclusion (CATEX) 311f., SUA and to be consistent with
State, or local significance (for example: Establishment or modification of categorical exclusion 307e. Permanent
Federally listed or proposed prohibited areas. In its initial notice changes to SUA normally require an EA.
endangered, threatened, or candidate concerning Order 1050.1E, the FAA Temporary changes (e.g., temporary
species or designated or proposed proposed a CATEX for the military operations area (MOA)) are
critical habitat under the Endangered ‘‘[e]stablishment or modification of established by issuing a Notice to
Species Act); resources protected by the Special Use Airspace (SUA), (e.g., Airman (NOTAM). NOTAMs are
Fish and Wildlife Coordination Act; restricted areas, warning areas), and categorically excluded actions under
wetlands; floodplains; coastal zones; military training routes for subsonic Paragraph 307e.
prime, unique, State or locally operations that have a base altitude of (5) The provisions of p(1)–(4) of this
important farmlands; energy supply and 3,000 feet above ground level (AGL), or paragraph are not applicable to special
natural resources; and wild and scenic higher.’’ In the preamble to the final use airspace actions if minor
rivers, including study or eligible river Order 1050.1E, the FAA announced that adjustments are made such as raising
segments and solid waste management. it was removing this CATEX for further the altitudes; if a change is made in the
(3) Ch. 3, Para. 309c: Editorial Change. study. For the reasons given below, the designation of the controlling or using
The word ‘‘system’’ was removed FAA is now proposing a separate agency; or if the special use airspace
following the word ‘‘ILS’’ in line 11. CATEX for prohibited areas, a type of action is temporary in nature and does
The word was removed because it was SUA. not exceed 90 days (e.g., temporary
duplicative. The sentence now reads Prohibited areas are airspace military operations area (MOA)).
‘‘* * * (establishment or relocation of designated under 14 CFR part 73 within (7) Ch. 4, Para 404e: Change for
an ILS is not included * * *’’. which no person may operate an aircraft consistency. Two sentences would be
309c. Federal financial assistance for, without permission of the using agency revised to change ‘‘should’’ to ‘‘shall’’
or ALP approval of, or FAA installation (see 14 CFR 1.1). The FAA establishes and ‘‘coordinated’’ to ‘‘reviewed’’ to be
or upgrade of facilities and equipment, prohibited areas when necessary to consistent with Para. 406c. The
other than radars, on designated airport prohibit flight over an area on the sentences now read ‘‘For projects that
or FAA property or launch facility. surface in the interest of national originate in or are approved at FAA
Facilities and equipment means FAA security or welfare. It is possible that the headquarters, the EA and FONSI should
communications, navigation, establishment or modification of a be coordinated with AGC for legal
surveillance and weather systems. prohibited area could necessitate a sufficiency. For projects that originate in
Weather systems include revision of air traffic control procedures. and are approved by the regions, the EA
hygrothermometers, Automated However, such a revision generally and FONSI should be reviewed by
Weather Observing System (AWOS), would only affect aircraft operating Regional Counsel’’.
Automatic Surface Observation System under instrument flight rules over 3,000 404e. Internal review of the EA is
(ASOS), Stand Alone Weather Sensors feet AGL unless they are arriving or conducted by potentially affected FAA
(SAWS), Runway Visual Range (RVR), departing within an airport program offices having an interest in the
other essentially similar facilities and environment. Prohibited areas are not proposed action to assure that all FAA
equipment that provides for normally established within the airport concerns have been addressed
modernization or enhancement of the environment. Revised air traffic control technically, and with AGC or Regional
service provided by these facilities. procedures at 3,000 feet or more AGL Counsel to assure that the EA is legally
Navigational aids include Very High are already covered by the CATEX in sufficient. For projects that originate in
Frequency Omnidirectional Range paragraph 311i of Order 1050.1E, as are or are approved at FAA headquarters,
(VOR), VOR Test facility (VOT), co- procedures below 3,000 feet AGL that the EA and FONSI shall be reviewed by
located VOR’s and Tactical Aircraft do not cause air traffic to be routinely AGC for legal sufficiency. For projects
Control and Navigation (TACAN) routed over noise sensitive areas. The that originate in and are approved by
(VORTAC), Low Power TACAN, proposed CATEX below incorporates the regions, the EA and FONSI shall be
Instrument Landing System (ILS) relevant language from the existing reviewed by Regional Counsel. The
equipment or components of ILS CATEX in paragraph 311i. responsible FAA official should contact
equipment (establishment or relocation 311f. Establishment or modification of the program offices to determine
of an ILS is not included; an EA is prohibited areas, unless the appropriate levels of coordination. The
normally required; see paragraph 401i), establishment or modification would responsible FAA official should consult
Wide Area Augmentation System affect instrument procedures conducted with AEE (AEE–200) for general advice
(WAAS), Local Area Augmentation below 3,000 feet AGL that cause air on compliance with NEPA and other
System (LAAS), other essentially similar traffic to be routinely routed over noise applicable environmental laws,
facilities and equipment, and equipment sensitive areas. (ATO) regulations, and executive orders,
that provides for modernization or (5) Ch. 4, Para 401p: Change for especially for actions of national
enhancement of the service provided by clarification. Text was added to the importance or which are highly
that facility, such as conversion of VOR paragraph to clarify the types of SUA controversial.
to VORTAC or conversion to Doppler actions that are subject to environmental (8) Ch. 5, Para 506b: Change for
VOR (DVOR), or conversion of ILS to review. consistency with CEQ regulations. As
category II or III standards. FAA Order 401p. Special Use Airspace (unless written, the text appears to require that
6820.10 ‘‘VOR, VOR/DME, and TACAN otherwise explicitly listed as an the environmentally preferred
Siting Criteria’’ governs the installation advisory action or categorically alternative be identified in the EIS’s
of VOR/VOT/VORTAC-type equipment. excluded under Chapter 3 of this Order). Executive Summary. CEQ regulations
These facilities are typically located This airspace shall not be designated, encourage, but do not require
within a 150 ft. × 150 ft parcel, with a established, or modified until: identification of the environmentally

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Federal Register / Vol. 70, No. 243 / Tuesday, December 20, 2005 / Notices 75531

preferred alternative until the ROD is alternative: It must be reasonable, Overview, presents an overview of the
prepared. The words ‘‘identifies any feasible, and achieve the project’s components of a ROD.
environmentally preferred’’ have been purpose. The extent of active (11) Ch. 5, text box on page 5–16:
removed from line 6 and the underlined participation in the NEPA process by Change for clarification. The phrase ‘‘for
text had been added. the proponent of the alternative also the first time’’ was inserted.
506b. Executive Summary. An bears on the extent to which a proffered FAA encourages all interested parties
executive summary will be included to alternative deserves consideration. To to provide comments concerning the
adequately and accurately summarize provide a clear basis of choice amongst scope and content of the Draft EIS.
the EIS. The summary describes the the alternatives, graphic or tabular Comments should be as specific as
proposed action, stresses the major presentation of the comparative impact possible and address the analysis of
conclusions, areas of controversy is recommended. This section also potential environmental impacts and
(including issues raised by agencies and presents a brief discussion of the adequacy of the proposed action or
the public), and the issues to be alternatives that were not considered merits of alternatives and the mitigation
resolved (including the choice among reasonable due to their inadequacy in being considered. Reviewers should
alternatives). It also discusses major meeting the purpose and need for the organize their participation so that it is
environmental considerations and how proposed action. The FEIS must meaningful and makes the agency aware
these have been addressed; summarizes specifically and individually identify of the viewer’s interests and concerns
the analysis of alternatives; and agency the preferred alternative. Criteria other using quotations and other specific
preferred and sponsor preferred than those included in the affected references to the text of the Draft EIS
alternatives. If the agency has identified environment and environmental and related documents. Matters that
an environmentally preferred consequences section of the EIS may be could have been raised with specifically
alternative, it may also be included. It applied to identify the preferred during the comment period on the Draft
discusses mitigation measures, alternative. EIS may not be considered if they are
including planning and design to avoid (10) Ch. 5, Para 512: Change for raised for the first time later in the
or minimize impacts. It identifies consistency CEQ regulations. A phrase decision process. This commenting
interested agencies, lists permits, was inserted indicating that the ROD procedure is intended to ensure that
licenses, and other approvals that must must identify all alternatives substantive comments and concerns are
be obtained, and reflects compliance considered, including the made available to the FAA in a timely
with other applicable environmental environmentally preferred alternative. manner so that the FAA has an
laws, regulations and executive orders. 5.12. Following the time periods opportunity to address them.
(9) Ch. 5, Para 506e: Change for described in 40 CFR 1506.10 (i.e., 90 (12) Ch. 5, Para. 509a.(1) and (4):
consistency with CEQ regulations. Two days from DEIS Notice of Availability Change for consistency with AEE
sentences were removed and two (NOA) issuance and 30 day waiting policy. Both paragraphs indicate that an
sentences were modified to be period for FEIS NOA issuance), the FEIS originating in Headquarters (1) and
consistent with CEQ regulation, 40 CFR agency’s decisionmaker may make a regions (4) should be forwarded to the
1505.2(b) regarding the timing of the decision on the Federal action. The ROD Office of Environment and Energy (AEE)
identification of the environmentally presents the agency’s decision on the for review and concurrence. As a matter
preferred alternative. This paragraph actions, identifies all alternatives of policy, AEE does not review FEISs,
now requires that the environmentally considered by the agency, specifying most of which are sent to AEE for
preferred alternative be identified in the which alternatives were considered to be information only. AEE does not review
EIS. However, federal agencies are not environmentally preferable, identifies and concur unless AEE is specifically
required under the CEQ regulations to applicable mitigation and monitoring requested to review and concur on a
discuss the environmentally preferred actions required, and as necessary, can document for a specific purpose. Both
alternative until the record of decision. be used to clarify and respond to issues paragraphs have been revised to reflect
If an environmentally preferred raised on the FEIS. The ROD may this policy.
alternative is known to the agency discuss preferences among alternatives 509a. Internal review is coordinated
before the ROD, it can be disclosed at based on relevant factors including as follows:
that time. economic and technical considerations (1) FEIS’s originating in headquarters.
506e. This section is the heart of the and agency statutory missions. The ROD The office or service director shall send
EIS (see 40 CFR 1502.14; see also 40 shall identify and discuss all factors a copy of the FEIS to AGC to review for
CFR 1502.10(e) and 40 CFR 1505.2 for including any essential consideration legal sufficiency and concurrence. The
more information on alternatives). It and national policies that were balanced responsible office or service director will
presents a comparative analysis of the by the agency in making its decision send a copy of the FEIS to AEE for
no action alternative, the proposed and state how those considerations information unless review and
action and other reasonable alternatives entered into the decision. The ROD concurrence are specifically requested.
to fulfill the purpose and need for the shall state whether all practicable means After the office or service director
action. Although CEQ encourages to avoid or minimize environmental approves the FEIS, the responsible FAA
Federal agencies to identify the harm from the alternatives selected have official will file it with EPA (see
environmentally preferred alternatives been adopted, and if not adopted, why paragraphs 509a(6) and 512).
in the EIS (see CEQs ‘‘40 Most Asked they were not adopted. The draft ROD (4) FEIS’s originating in regions or
Questions,’’ number 6), CEQ regulations should accompany the proposed FEIS centers, but where authority to approve
do not require that discussion until the during the internal review prior to the FEIS is retained in headquarters.
ROD. Reasonable alternatives not within approval only when headquarters’ The applicable division manager or
the jurisdiction of the lead agency concurrence is required. The center shall send the proposed FEIS to
should be considered (see 40 CFR decisionmaker must obtain concurrence the appropriate headquarters’ office or
1502.14(c)). The FAA may include before approving the ROD. After service director. The office or service
alternatives proposed by the public or approving the ROD, the decisionmaker will provide the FEIS to AGC for review.
another agency. However, they must may begin implementing the selected The office or service director will
meet the basic criteria for any action. Figure 5–4, Record of Decision provide the FEIS to AEE for information

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75532 Federal Register / Vol. 70, No. 243 / Tuesday, December 20, 2005 / Notices

unless review is specifically requested. not approve any program or project that CFR part 261, including ignitability,
Following approval, the FEIS will be requires the use of any publicly owned corrosivity, reactivity, or toxicity.
filed with EPA. Presently, approval for land from a public park, recreation area, (17) Appendix A, Section 11.
these types of FEIS’s is being delegated, or wildlife and waterfowl refuge of Historical, Architectural, Archeological,
if comments on the DEIS have been national, State, or local significance or and Cultural Resources: Change for
incorporated. (See paragraph 507.) land from a historic site of national,
(13) Appendix A, Section 3. Coastal clarification. Paragraph 11.2b. was
State, or local significance as
Resources: Change for correction. revised to remove contradictory
determined by the officials having
Paragraph 3.2b.(2) was revised to clarify jurisdiction thereof, unless there is no language. The beginning of the sentence
what should be included concerning feasible and prudent alternative to the indicated that identifying the area of
coastal zone consistency in an EA or EIS use of such land and such program, and potential effect (APE) was only required
for a direct Federal action, e.g. an the project includes all possible if the undertaking may have an adverse
activity that the FAA itself is planning to minimize harm resulting effect. The beginning of the sentence, ‘‘If
undertaking such as establishment of a from the use. This order continues to an undertaking may have an adverse
navigational aid. Title 16 U.S.C. refer to section 4(f) because it would effect,’’ has been deleted.
1456(e)(2), states that the CZMA shall create needless confusion to do 11.2b. Determination of Undertaking.
not be construed to supersede laws otherwise; the policies section 4(f) The responsible FAA official determines
applicable to Federal agencies. Title 15 engendered are widely referred to as whether the proposed action is an
CFR 930.32(a) further provides that a ‘‘section 4(f)’’ matters. ‘‘undertaking,’’ as defined in 36 CFR
Federal agency may determine that full (15) Appendix A, Section 9. 800.16(y) (and not an undertaking that
consistency with the policies of a Floodplains: Change for clarification.
management program is prohibited by is merely subject to State or local
Currently paragraphs 9.2c and 9.2g regulation administered pursuant to a
existing law applicable to the agency. contain the same extensive notification
3.2b. CZMA. When a proposed action delegation or approval by a Federal
requirements for both encroachments agency), and whether it is a type of
affects (changes the manner of use or and significant encroachments. DOT
quality of land, water or other coastal activity that has the potential to cause
Order 5650.2 paragraph 7 makes a
resources, or limits the range of their adverse effects on historic properties
distinction between notification
uses) the coastal zone in a State with an eligible for or listed on the NRHP. If the
requirements for encroachments and
approved coastal zone management agency determines, and the SHPO/
significant encroachments. Paragraph
(CZM) program, the EA or EIS shall THPO does not object, that an
9.2c is being revised to clarify the
include the following: undertaking does not have the potential
(2) For activities that the FAA itself distinction between the notification
requirements for encroachments and to have an effect on historic properties,
undertakes, the EA or EIS should a historical or cultural resource survey
include the same information listed significant encroachments.
9.2c. If the agency finds that the only is not necessary and the FAA may issue
above for federally assisted activities. If a determination that the action has no
the State or local agency that practicable alternative requires siting in
the base floodplain, a floodplain effect. The first step is to identify the
administers the CZM program objects to
encroachment would occur and further area of potential effect (APE) and the
the consistency determination, then the
environmental analysis is needed. The historical or cultural resources within it
FAA may proceed with the federal
activity only if the FAA determines that FAA shall, prior to taking the action, (see Secretary’s Standards and
full consistency is prohibited by existing design or modify the proposed action to Guidelines for Identification).
laws specifically applicable to the minimize potential harm to natural (18) Appendix C, Figure 3. Related
agency, such as aviation laws. In such floodplain values or within the base Memoranda and Guidance: Change for
a case, the EA or EIS should further floodplain. The action is to be correction. The date of the
state that the FAA provided the State or consistent with regulations issued Memorandum of Understanding
local agency with a written statement according to section 2(d) of E.O. 11988. between the FAA and the Department of
clearly describing the statutory The FAA shall also provide the public
Defense was updated. The description
provisions, legislative history, or other with an opportunity to review the
of the Memorandum was also revised to
legal authority that limits the FAA’s encroachment through its public
more accurately describe the document.
discretion to be fully consistent with the involvement process and any public
enforceable policies of the CZM hearing presentations shall include
Memoranda &
program. identification of encroachments. Description
guidance
(14) Appendix A, Section 6. (16) Appendix A, Section 10.
Department of Transportation Act, Hazardous Material, Pollution Memorandum of Un- Addresses environ-
Section 4(f): Change for correction. Prevention, and Solid Waste: Change for derstanding (MOU) mental review of
Paragraph 6.1a. is being revised to correction and consistency. Paragraph between the FAA special use air-
correct a misstatement regarding the 10.1d (2). The definition of hazardous and the Department space actions.
waste under the Resource Conservation of Defense, Octo-
legislative history of 49 U.S.C. 303(c). ber 4, 2005.
Section 4(f) was not recodified and and Recovery Act (RCRA) is slightly
renumbered as part of the 1994 different than that in EPA regulation 40
recodification of aviation statutes. CFR 261.1. Paragraph 10.1d(2) Issued in, Washington, DC December 12,
6.1a. The Federal statute that governs referenced both definitions. FAA uses 2005.
impacts in this category is commonly the EPA regulatory definition for Carl E. Burleson,
known as the Department of purposes of NEPA compliance so we Federal Aviation Administration, Director,
Transportation (DOT) Act, section 4(f) propose to delete the reference to the Office of Environment and Energy.
provisions. Section 4(f) of the DOT Act, RCRA definition. [FR Doc. 05–24132 Filed 12–19–05; 8:45 am]
which is codified and numbered as (2) Hazardous Waste—a waste is BILLING CODE 4910–13–M
section 303(c) of 49 U.S.C., provides considered hazardous if it is listed in, or
that the Secretary of Transportation will meets the characteristics described in 40

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