[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Notices]
[Pages 49596-49600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19734]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Order 1050.1F Environmental Impact: Policies and Procedures

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice; request for public comment.

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SUMMARY: The Federal Aviation Administration (FAA) proposes to update, 
reorganize, and revise its order that contains policies and procedures 
for implementing the National Environmental Policy Act (NEPA), in 
accordance with regulations issued by the Council on Environmental 
Quality (40 CFR parts 1500-1508). The order additionally provides 
direction on using the NEPA review process to ensure compliance with 
other environmental laws, regulations, and executive orders that may be 
applicable to proposed FAA actions. Order 1050.1E Environmental Impact: 
Policies and Procedures will be replaced with Order 1050.1F 
Environmental Impact: Policies and Procedures. FAA Order 1050.1F, 
Environmental Impact: Policies and Procedures is available at http://www.faa.gov/about/office_org/headquarters_ offices/apl/environ--
policy--guidance/policy/. This notice provides the public opportunity 
to comment on the revised Order. All comments on the proposed changes 
will be considered in preparing the final version of Order 1050.1F.

DATES: Comments should be received by September 30, 2013.

ADDRESSES: You may send comments by any of the following methods:
    Federal eRulemaking Docket: Go to http://www.regulations.gov. 
Follow the online instructions for sending your comments 
electronically.
    Fax: 202-493-2251.
    Mail: Send comments to the U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE., Washington, DC 20590-0001.
    Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    You may examine the docket, including comments received, on the 
Internet at http://www.regulations.gov or in person at the U.S. 
Department of Transportation Docket Operations office between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Donald Scata, Office of Environment 
and Energy (AEE-400), Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591; telephone (202) 267-9890; email 
[email protected].

SUPPLEMENTARY INFORMATION: The National Environmental Policy Act (NEPA) 
establishes a broad national policy to protect the quality of the human 
environment and ensures that environmental considerations are given 
careful attention and appropriate weight in decisions of the Federal 
Government. Regulations promulgated by the Council on Environmental 
Quality (CEQ) (40 CFR parts 1500-1508) implement Section 102(2) of 
NEPA, which contains the ``action-forcing'' provisions to ensure that 
Federal agencies act according to the letter and spirit of NEPA. 40 CFR 
1505.1 requires Federal agencies to develop and, as needed, revise 
implementing procedures consistent with the CEQ regulations.
    The FAA's current Order 1050.1E, Environmental Impact: Policies and 
Procedures, provides FAA's policy and procedures for complying with the 
requirements of: (a) The CEQ

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regulations for implementing the procedural provisions of NEPA; (b) 
Department of Transportation (DOT) Order DOT 5610.1C, Procedures for 
Considering Environmental Impacts, and (c) other applicable 
environmental laws, regulations, and executive orders and policies. The 
FAA is proposing to replace Order 1050.1E with Order 1050.1F.

Request for Comment

    As part of revising its environmental order, the FAA is seeking 
comment regarding the proposed changes described below.

Synopsis of Proposed Changes

    The proposed FAA Order 1050.1F, Environmental Impacts: Policies and 
Procedures, includes 29 additions or changes to the current version of 
FAA Order 1050.1E which may be of interest to the public and other 
government agencies and organizations. In general, Order 1050.1E has 
been reorganized to be more clear and concise. In addition, updates to 
policy and guidance since the publication of 1050.1E Change 1 in 2006 
have been incorporated into proposed FAA Order 1050.1F. The following 
descriptions provide more details on the proposed changes.
    Change 1 moves the information in Appendix A of FAA Order 1050.1E, 
Analysis of Environmental Impact Categories, to the 1050.1F Desk 
Reference, which can be easily updated as necessary. FAA specific 
analysis, modeling, and documentation requirements that were contained 
in Appendix A of FAA Order 1050.1E have been moved to a new Appendix B 
of FAA Order 1050.1F. These include requirements such as using an FAA 
approved model for noise analysis.
    Change 2 restructures the Order to streamline and focus the 
discussion, reduce redundancies, and improve the clarity of guidance 
for NEPA practitioners. Order 1050.1F is divided into eleven chapters 
as opposed to the five chapters of 1050.1E. The numbering and structure 
are changed to more closely follow FAA Order 1320.1, FAA Directives 
Management. In addition, systematic editorial changes have been applied 
to ensure 1050.1F is consistent with the FAA's plain language 
guidelines as established in FAA Order 1000.36, FAA Writing Standards 
(e.g., changes use of the term ``shall'' to ``should'' or ``must'').
    Change 3 expands and updates the FAA's policy statement to include 
the FAA's goals of ensuring timely, effective, and efficient 
environmental reviews of proposed Next Generation Air Transportation 
System (also known as NextGen) improvements, consistent with Executive 
Order 13604, Improving Performance of Federal Permitting and Review of 
Infrastructure Projects, 77 Federal Register 18887 (March 28, 2012) 
(see Paragraph 1-8). The updated policy also includes an environmental 
management system (EMS) approach that is being used to improve the 
integration of environmental performance into the planning, decision-
making, and operation of NextGen in furtherance of the goal of 
environmental protection that allows sustained aviation growth. 
Finally, the policy reflects legislative provisions in FAA 
reauthorization to expedite the environmental review process for 
certain air traffic procedures.
    Change 4 updates the titles and roles of FAA Lines of Businesses 
and Staff Offices (LOB/SOs) to reflect changes to the FAA's 
organizational structure and responsibilities since publication of FAA 
Order 1050.1E (see Paragraph 2-2.1.b). These revisions include removal 
of Aviation Policy, Planning, and Environment (AEP) and International 
Aviation (API), since these divisions have been combined to form a new 
office known as Policy, International Affairs and Environment (APL). In 
addition, Financial Services (ABA) is now known as Finance and 
Management (AFN), and Regulation and Certification (AVR) is now 
Aviation Safety (AVS). The Region and Center Operations (ARC) is now 
located under Human Resource Management (AHR). FAA has added two staff 
offices: NextGen (ANG) and Office of Communications (AOC).
    Change 5 clarifies and explains in more detail the FAA's 
responsibilities (see Paragraph 2-2.1) and the role of applicants and 
contractors in the FAA's NEPA process (see paragraphs 2-2.2 and 2-2.3). 
Order 1050.1E did not break out the roles of contractors and 
applicants, and thus it was difficult for practitioners to clearly 
understand roles and responsibilities that applicants and contractors 
may have as the FAA carries out its NEPA requirements.
    Change 6 clarifies the similarities and differences between 
environmental assessments and environmental impact statements 
throughout the Order. The terminology EIS or EA has been replaced with 
NEPA documentation when guidance would apply to either type of document 
to help clarify section 206a of 1050.1E which states that requirements 
that apply to EIS's may also be used for the preparation of EA's. 
Alternatively, when guidance is specific to an EA or to an EIS, but not 
to both, the appropriate type of document is stated. Specifically, 
Order 1050.1F explains in more detail than 1050.1E paragraphs 405 d, e, 
and f the requirement to consider connected actions in environmental 
assessments.
    Change 7 reorganizes and clarifies provisions relating to 
mitigation including updating the guidance to be consistent with CEQ's 
guidance on Appropriate use of Mitigation and Monitoring and Clarifying 
the Appropriate use of Mitigated Finding of No Significant Impacts 
(January 24, 2011) (see Paragraphs 2-3.6, 4-4, 6-2.3, and 7-1.1.h). The 
proposed changes also clarify which projects may warrant environmental 
monitoring and the type and extent of monitoring.
    Change 8 adds a discussion of Environmental Management System (EMS) 
to highlight the importance of EMS and the potential benefit of 
aligning NEPA with the elements of EMS (see Paragraph 2-3.3).
    Change 9 revises the list of actions normally requiring an EA to 
align more clearly and accurately with the FAA's experience of actions 
which normally involve the preparation of an EA.
    Actions newly identified as normally requiring an EA are in 
Paragraph 3-1.2b(14): Establishment or modification of an Instrument 
Flight Rules Military Training Route (IR MTRs); and Paragraph 3-
1.2b(17): Formal and informal runway use programs that may 
significantly increase noise over noise-sensitive areas.
    Actions normally requiring an EA that are amended include 
Paragraphs 3-1.2b(2), 10-13, 15, and 16.
    Paragraph 3-1.2b(2) modifies the language of 401b of 1050.1E to 
include all types of certificates for aircraft types for which 
environmental regulations have not been issued, and new amended engine 
types for which emission regulations have not been issued where an 
environmental analysis has not been prepared with a regulatory action.
    Paragraph 3-1.2b(10), formally 401k of 1050.1E, was changed to 
limit the typical EA to new commercial service airport locations that 
would not be located in a Metropolitan Statistical Area (MSA). In 
addition, the description of a new runway was limited by stating that 
the new runway is at an existing airport that is not located in an MSA. 
Major runway extension projects were removed from this list and added 
to the list of actions that typically require an environmental impact 
statement.
    Paragraph 3-1.2b(11) changes 401l of 1050.1E to provide more 
clarity when the issuance of operations specifications normally 
requires an EA; specifically any approval of operations specifications 
that may change the character of the operational

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environment when authorizing passenger or cargo service, or authorizing 
an operator to serve an airport with different aircraft when that 
service may significantly increase noise, air, or other environmental 
impacts.
    Paragraphs 3-1.2b(12) and (13) amend 401m and 401n of 1050.1E, 
respectively, to include a caveat that certain procedures may be 
categorically excluded under new legislative categorical exclusions in 
the FAA Modernization and Reform Act of 2012. Paragraph 3.1.2b(12) 
describes as normally requiring an EA: New instrument approach 
procedures, departure procedures, en route procedures, and 
modifications to currently approved instrument procedures which 
routinely route aircraft over noise sensitive areas at less than 3,000 
feet above ground level (AGL) (unless otherwise categorically excluded 
under Paragraphs 5-6.5q or 5-6.5r). Paragraph 3.1.2b(13) describes as 
normally requiring an EA: New or revised air traffic control procedures 
which routinely route air traffic over noise sensitive areas at less 
than 3,000 feet AGL (unless otherwise categorically excluded under 
Paragraphs 5-6.5q or 5.6.5r).
    Paragraph 3-1.2b(15) modifies 401p of 1050.1E to remove the four 
requirements for the notice of proposed rulemaking for Special Use 
Airspace projects since these criteria are not based on environmental 
impact, but on the process for establishing special use airspace. The 
proposed paragraph describes actions normally requiring an EA: Special 
Use Airspace (unless otherwise explicitly listed as an advisory action 
(see Paragraph 2-1.2b, Advisory Actions) or categorically excluded 
under Paragraph 5-6, the FAA's List of Approved CATEXs).
    Paragraph 3-1.2b(16) modifies 401c of 1050.1E to clarify the type 
of commercial space launch actions that normally require an EA. The 
proposed paragraph states issuance of any of the following requires an 
EA: (a) A commercial space launch site operator license for operation 
of a launch site at an existing facility on disturbed ground where 
little to no infrastructure would be constructed (e.g., co-located with 
a federal range or municipal airport); or (b) A commercial space launch 
license, reentry license, or experimental permit to operate a vehicle 
to/from an existing site.
    Change 10 modifies and re-organizes the text in Paragraph 501 of 
FAA Order 1050.1E on EIS and adds the following specific examples of 
actions normally requiring an EIS (see Paragraphs 3-1.3.b). (1) Federal 
financial participation in, or unconditional ALP approval of, the 
following categories of airport actions: (a) Location of a new 
commercial service airport in an MSA; (b) A new runway to accommodate 
air carrier aircraft at a commercial service airport in an MSA; and (c) 
major runway extension; and (2) issuance of a commercial space launch 
site operator license, launch license, or experimental permit to 
support activities requiring the construction of a new commercial space 
launch site on largely undisturbed ground.
    Change 11 combines the discussion of programmatic NEPA documents 
and tiering and revises the text to more closely align with CEQ 
Regulations and guidance (see Paragraph 3-2).
    Change 12 adds a new Chapter 4 to describe environmental impact 
categories, significance thresholds, and factors to consider in 
determining the significance of environmental impacts. These details 
were previously discussed in Appendix A of FAA Order 1050.1E. There are 
additions and modifications to the list of impact categories. Climate 
has been added to the list of impact categories to be considered in FAA 
NEPA documents, consistent with CEQ's 2010 Draft NEPA Guidance on 
Consideration of the Effects of Climate Change and Greenhouse Gas 
Emissions and FAA Order 1050.1E Guidance Memo 3, Considering 
Greenhouse Gases and Climate under the National Environmental Policy 
Act (NEPA): Interim Guidance. Noise and noise-compatible land use have 
been combined into a single impact category to provide better context 
and clarity. The remaining land use topics are discussed as a separate 
category. Water Resource impacts have been combined to include water 
quality, wetlands, floodplains, surface waters, groundwater, and wild 
and scenic rivers. Construction and secondary impacts have been removed 
as separate categories, and instead are to be analyzed within each 
applicable environmental impact category. Further guidance on impact 
category analysis is contained within the 1050.1F Desk Reference.
    Change 13 provides a table in paragraph 4-3.3 that summarizes the 
significance thresholds that were formerly described under individual 
environmental impact categories in Appendix A of FAA Order 1050.1E. 
This table also includes Factors to Consider in making determinations 
of significant impact. There are modifications to significance 
thresholds: (1) Surface Waters now includes ``contaminate a public 
drinking water supply such that public health may be adversely 
affected'' as a threshold and (2) Groundwater contains ``contaminate an 
aquifer used for public water supply such that public health may be 
adversely affected'' as a threshold. (See Exhibit 4-1, Significance 
Determination for FAA Actions).
    Change 14 revises the list of extraordinary circumstances (see 
Paragraph 5-2.b). National marine sanctuaries and wilderness areas have 
been added to the list of resources that must be considered in 
evaluating actions for extraordinary circumstances that would preclude 
the use of a categorical exclusion for a proposed action. Makes other 
text revisions, including modifying (1) the description of wild and 
scenic rivers [EME: Deleted b/c use of word ``modifying'' before 
sentence] to be consistent with CEQ's August 10, 1980, Memorandum on 
Procedures for Interagency Consultation to Avoid or Mitigate Adverse 
Effects on Rivers in the Nationwide Inventory; and (2) the description 
of hazardous materials likely to cause environmental contamination by 
hazardous materials, or likely to disturb an existing hazardous 
material contamination site such that new environmental contamination 
risks are created.
    Change 15 updates the FAA's guidance regarding CATEX documentation 
to be consistent with CEQ's 2010 Guidance on Establishing, Applying, 
and Revising Categorical Exclusions under National Environmental Policy 
Act [NEPA] (November 23, 2010) (see Paragraph 5-3). These updates 
include: clarifying when and what level of documentation is needed in 
the application of a CATEX and explaining what to include in CATEX 
documentation. In addition, there is a new section providing 
information on combining a decision document with a CATEX (CATEX/RODs). 
CATEX/RODs are not commonly used, but may be advisable in unique 
circumstances.
    Change 16 adds guidance on public notification of CATEX use, 
consistent with CEQ's 2010 Guidance on Establishing, Applying, and 
Revising Categorical Exclusions under National Environmental Policy Act 
(November 23, 2010) (see Paragraph 5-4).
    Change 17 adds new CATEXs and revises existing CATEXs to 
accommodate actions that do not have the potential to significantly 
affect the environment, absent extraordinary circumstances. A 
categorical exclusion justification package is available at http://www.faa.gov/about/office_org/headquarters_-offices/apl/environ--
policy--guidance/policy/. New CATEXs are the following:

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    Paragraph 5-6.3i adds a categorical exclusion for the unconditional 
approval of an Airport Layout Plan (ALP), federal financial assistance, 
or FAA projects for the installation of solar or wind powered energy, 
provided the installation does not involve more than three total acres.
    Paragraph 5-6.4bb adds a categorical exclusion for an unconditional 
ALP approval or federal financial assistance for actions related to a 
purchase of land for a runway protection zone or other aeronautical 
purpose, provided there is no land disturbance.
    Paragraph 5-6.4cc adds a categorical exclusion for an unconditional 
ALP approval or federal financial assistance to permanently close a 
runway and use it as a taxiway at small, low activity airports provided 
any changes to lights or pavement would be on previously developed 
airport land.
    Paragraph 5-6.4dd adds a categorical exclusion for FAA 
construction, reconstruction or relocation of a non-Radar, Level 1 air 
traffic control tower at an existing visual flight rule airport, or FAA 
unconditional approval of an ALP and/or federal funding provided the 
action would occur on a previously disturbed area of the airport and 
not: (1) cause an increase in the number of aircraft operations, a 
change in the time of aircraft operations, or a change in the type of 
aircraft operating at the airport; (2) cause a significant noise 
increase in noise sensitive areas; or (3) cause significant air quality 
impacts.
    Paragraph 5-6.4ee adds a categorical exclusion for environmental 
investigation of hazardous waste or hazardous substance contamination 
on previously developed land provided the work plan or Sampling and 
Analysis Plan (SAP) for the project integrates current industry best 
practices and address, as applicable, surface restoration, well and 
soil boring decommissioning and the collection, storage, handling, 
transportation, minimization, and disposal of investigation derived 
wastes and other federal or state regulated wastes generated by the 
investigation. The work plan or SAP must be coordinated with and, if 
required, approved by the appropriate or relevant governmental agency 
or agencies prior to commencement of work.
    Paragraph 5-6.4ff adds a categorical exclusion for remediation of 
hazardous wastes or hazardous substances impacting approximately one 
acre in aggregate surface area provided remedial or corrective actions 
must be performed in accordance with an approved work plan (i.e., 
remedial action plan, corrective action plan, or similar document) that 
documents applicable current industry best practices and addresses, as 
applicable, permitting requirements, surface restoration, well and soil 
boring decommissioning, and the minimization, collection, storage, 
handling, transportation, and disposal of federal or state regulated 
wastes. The work plan must be coordinated with, and if required, 
approved by, the appropriate governmental agency or agencies prior to 
the commencement of work.
    As a matter of policy, actions under the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA) and 
corrective actions under the Resource Conservation and Recovery Act 
(RCRA) generally do not require separate analysis under NEPA or the 
preparation of a NEPA document. FAA will rely on CERCLA processes for 
environmental review of actions to be taken under CERCLA, and will 
address NEPA values to the extent practicable. As a matter of law, 
there is a statutory conflict between NEPA and CERCLA; NEPA, therefore, 
does not apply to CERCLA cleanup actions. FAA may rely on the CERCLA 
process for RCRA corrective actions if the action is to be taken under 
a compliance agreement for an FAA site on the CERCLA National 
Priorities List that integrates the requirements of RCRA and CERCLA to 
such an extent that the requirements are largely inseparable in a 
practical sense.
    Paragraph 5-6.5f adds a categorical exclusion for actions to 
increase the altitude of special use airspace.
    In addition, two legislative CATEXs, provided in section 213(c) of 
the FAA Modernization and Reform Act of 2012, are added (see Paragraphs 
5-6.5q and 5-6.5r). One allows for a categorical exclusion for Area 
Navigation/Required Navigation Performance (RNP) procedures proposed 
for core airports and any medium or small hub airports located within 
the same metroplex area, and for RNP procedures proposed at 35 non-core 
airports selected by the Administrator, subject to extraordinary 
circumstances. The second provides a categorical exclusion for any 
navigation performance or other performance based navigation procedure 
developed, certified, published, or implemented that, in the 
determination of the Administrator, would result in measurable 
reductions in fuel consumption, carbon dioxide emissions, and noise on 
a per flight basis as compared to aircraft operations that follow 
existing instrument flight rules procedures in the same airspace 
irrespective of the altitude.
    CATEXs that are amended include the following:
    Paragraph 5-6.4e (formerly 310e), is modified to include widening 
of a taxiway, apron, loading ramp, or runway safety area (RSA) 
including an RSA using Engineered Material Arresting System (EMAS), or 
widening of an existing runway.
    Paragraph 5-6.4i (formerly 310i) is modified to allow for financial 
assistance for or unconditional approval of an ALP for the demolition 
or removal of non-FAA owned buildings and structures on airports except 
those of historic archeological or architectural significance. This 
CATEX also adds the expansion of a facility or structure where no 
hazardous substance contamination or contaminated equipment is present 
on the site.
    Paragraph 5-6.4u (formerly 310u) is expanded to include 
unconditional approval of an ALP for the installation, repair or 
replacement of on-airport aboveground storage tanks or underground 
storage tanks. The CATEX further clarifies that the closure and removal 
applies to the fuel storage tank, and remediation applies to the 
contaminants resulting from the use of the fuel storage tank. It also 
clarifies that distribution systems are not within the scope of the 
CATEX.
    Paragraph 5-6.5l (formerly 311l) is modified to allow for Federal 
financial assistance, unconditional ALP approval, or other FAA action 
to establish a displaced threshold on an existing runway. It further 
states that removal or establishment of a displaced threshold is 
allowed within the scope of the categorical exclusion provided the 
action does not require establishing or relocating an approach light 
system that is not on airport property or an instrument landing system.
    CATEXs that are slightly modified are as follows:
    Paragraph 5-6.2c (formerly 308c) is modified to include operating 
certificates. This is a clarification since these certificates are the 
same as the previously mentioned certificates.
    Paragraph 5-6.3h (formerly 309h) is revised for clarity. The 
terminology ``launch facility'' is changed to ``commercial space launch 
site.''14 CFR part 107, Airport Security, no longer exists and has been 
removed.
    Paragraph 5-6.4f (formerly 310f) is modified to include hangers and 
t-hangers as long as any increase in aircraft does not contribute to 
significant noise increases in noise sensitive areas or significant 
increases in air emissions.
    Paragraph 5-6.4h (formerly 310h) has been clarified to include non-

[[Page 49600]]

aeronautical uses at existing airports or commercial space launch 
sites.
    Paragraph 5-6.5b (formerly 311b) adds clarification that this 
applies to establishment of jet routes as they are one type of federal 
airway.
    Paragraph 5-6.5c (formerly 311c) adds the example ``reduction in 
times of use (e.g., from continuous to intermittent, or use by a Notice 
to Airmen (NOTAM)'' to the list of ``such as'' actions. This clarifies 
that actions to return all or part of special use airspace (SUA) to the 
National Airspace System (NAS) includes reduction in times of use.
    Paragraph 5-6.5g (formerly 311g) is slightly modified to include 
``Required Navigation Performance'' (RNP). It also specifies that a 
Noise Screening Tool or other FAA-approved environmental screening 
methodology should be used.
    Paragraph 5-6.5h (formerly 311h) is slightly modified to include 
``modification'' of helicopter routes to clarify that establishment of 
helicopter routes also includes modification of these routes as long as 
they channel helicopter activity over major thoroughfares.
    Paragraph 5-6.5i (formerly 311i) updates reference to a Noise 
Screening Tool (NST) or other FAA approved environmental screening 
methodology.
    Paragraph 5-6.6b is modified to provide clarity that the 
categorical exclusion applies to an aerobatic practice area containing 
one aerobatic practice box in accordance with 1050.1E Guidance Memo 
5, Clarification of FAA Order 1050.1E CATEX 312b to Aerobatic 
Actions.
    Change 18 revises the discussion of EA format and process to 
streamline the explanation of each element and clarify that an EA 
should be concise and focused and should not be as detailed as an EIS 
(see Paragraph 6-2). Since this section has been reduced in detail, 
there are cross-references to the corresponding EIS sections for 
environmental assessments that may need to be more substantial.
    Change 19 revises the language in notices soliciting public comment 
on draft EAs and draft EISs, stating that personal information provided 
by commenters (e.g., addresses, phone numbers, and email addresses) may 
be made publicly available (see Paragraphs 6-2.2.e and 7-1.2.d(1)(a)).
    Change 20 adds a new paragraph to explain the conditions under 
which the FAA may choose to terminate preparation of an EIS and 
clarifies what steps the FAA should take when this situation occurs 
(see Paragraph 7-1.3).
    Change 21 adds a discussion of FAA policy with respect to 
consideration of transboundary impacts resulting from FAA actions (see 
Paragraph 8-3).
    Change 22 updates the discussion of international actions to be 
consistent with DOT Order 5610.1, including guidance on coordination 
within the FAA/DOT and U.S. State Department when communication with 
foreign governments is needed (see Paragraph 8-4).
    Change 23 clarifies the alternative process to consider 
environmental impacts before taking emergency actions necessary to 
protect the lives and safety of the public in emergency circumstances. 
These alternative arrangements are limited to actions necessary to 
control the immediate impacts of an emergency. Order 1050.1F expands 
this section to provide for emergency procedures when a CATEX or EA 
would be the appropriate level of NEPA review (see Paragraph 8-5).
    Change 24 clarifies and expands on requirements relating to FAA 
adoption of other agencies' NEPA documents (see Paragraph 8-7). 
Clarifies requirements for legal sufficiency review of adopted 
documents and when this review is required (see Paragraph 8-7.d). Also 
adds a discussion of recirculation requirements for EISs to highlight 
that there are some circumstances in which adopted documents must be 
re-circulated (see Paragraph 8-7.f).
    Change 25 clarifies that there is no specified format for written 
re-evaluations. It also adds a statement to explain that written re-
evaluations may be prepared even when they are not required. In 
addition, this section also adds a discussion of combining decision 
documents with written re-evaluations (i.e., a ``WR/ROD'') (see 
Paragraph 9-2).
    Change 26 streamlines, consolidates, and clarifies provisions 
relating to review, approval, and signature authority for FAA NEPA 
documents (see Chapter 10).
    Change 27 revises text in Paragraph 11-2 to clarify the authority 
of various parties and to be consistent with other FAA Orders (see 
Paragraph 11-2).
    Change 28 clarifies provisions relating to explanatory guidance 
(see Paragraph 11-4).
    Change 29 adds definitions of ``NEPA lead'' and ``special purpose 
laws and requirements.'' It deletes the definition of ``Environmental 
Due Diligence Audit'' because this term is no longer used in FAA Order 
1050.1F. Definitions of ``environmental studies'', ``approving 
official'', and ``decisionmaker'' are revised to reflect current 
practice. The definition of ``launch facility'' is changed to 
``commercial space launch site'' to be consistent with 14 CFR part 420. 
The definition of ``noise sensitive area'' is revised to include a 
reference to Table 1 of 14 CFR part 150 rather than Appendix A of FAA 
Order 1050.1E, to provide context in light of the removal of Appendix A 
from proposed Order 1050.1F. (See Paragraph 11-5.b).

    Issued in Washington, DC, on August 9, 2013.
Lourdes Q. Maurice,
Executive Director, Office of Environment and Energy.
[FR Doc. 2013-19734 Filed 8-13-13; 8:45 am]
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