(e) Where a pattern emerges of granting CE status for a particular type of action, the Administration will initiate rulemaking proposing to add this type of action to the list of categorical exclusions in paragraph (c) or (d) of this section, as appropriate.
[52 FR 32660, Aug. 28, 1987; 53 FR 11066, Apr. 5, 1988]
____________________
3 Hardship acquisition is early acquisition of property by the applicant at the property owner's request to alleviate particular hardship to the owner, in contrast to others, because of an inability to sell his property. This is justified when the property owner can document on the basis of health, safety or financial reasons that remaining in the property poses an undue hardship compared to others.
Protective acquisition is done to prevent imminent development of a parcel which is needed for a proposed transportation corridor or site. Documentation must clearly demonstrate that development of the land would preclude future transportation use and that such development is imminent. Advance acquisition is not permitted for the sole purpose of reducing the cost of property for a proposed project.
§ 771.119 Environmental assessments.
(a) An EA shall be prepared by the applicant in consultation with the Administration for each action that is not a CE and does not clearly require the preparation of an EIS, or where the Administration believes an EA would assist in determining the need for an EIS.
§ 771.123 Draft environmental impact statements.
(a) A draft EIS shall be prepared when the Administration determines that the action is likely to cause significant impacts on the environment. When the decision has been made by the Administration to prepare an EIS, the Administration will issue a Notice of Intent (
40 CFR 1508.22) for publication in the Federal Register. Applicants are encouraged to announce the intent to prepare an EIS by appropriate means at the local level.
FEDERAL AVIATION ADMINISTRATION
20. General.
a. In the Airports Program, Federal actions which require environmental processing generally involve the approval of specific projects at specific airports. A series of projects may be grouped into an overall plan for development, with successive phases being contingent upon other events such as a projected increase in traffic or a change in the aircraft using the airport. Such programs for development will usually be the subject of tiered environmental actions (see paragraph 101 and CEQ 1508.28).
b. All Federal actions fall in one of three categories:
(1) Those normally requiring an environmental impact statement (CEQ 1508.11).
(2) Those requiring an environmental assessment (CEQ 1508.9).
(3) Those which are normally categorically excluded (CEQ 1508.4).
21. Actions normally requiring an environmental impact
statement.
a. The following Federal actions will normally require an environmental impact statement:
(1) First time airport layout plan approval or airport location approval (see paragraphs 30 and 32) for a commercial service airport located in a standard metropolitan statistical area.
(2) Federal financial participation in, or airport layout plan approval of, a new runway capable of handling air carrier aircraft at a commercial service airport in a standard metropolitan statistical area.
b. Even though these actions normally require an environmental impact statement, the preparation of the environmental impact statement will usually be preceded by an environmental assessment. If the environmental assessment demonstrates that there are no significant impacts, the action shall be processed as a finding of no significant impact instead of an environmental impact statement.
22. Actions normally requiring an environmental assessment.
a. Federal financial participation in, or airport layout plan approval of, the following categories of actions shall be subject to the analysis of an environmental assessment and subsequent decision as to whether to prepare an environmental impact statement or a finding of no significant impact.
(1) Airport location.
(2) New runway.
(3) Major runway extension.
(4) Runway strengthening which would result in a 1.5 Ldn or greater increase in noise over any noise sensitive area located within the 65 Ldn contour.
(5) Construction or relocation of entrance or service road connections to public roads which adversely affect the capacity of such public roads.
(6) Land acquisition associated with any of the above items plus land acquisition which results in relocation of residential units when there is evidence of insufficient comparable replacement dwellings, major disruption of business activities, or acquisition which involves land covered under section 4(f) of the DOT Act (recodified 49 USC Subtitle I, section 303, January 12, 1981).
(7) Establishment or relocation of an instrument landing system, or an approach lighting system.
(8) An airport development action that falls within the scope of paragraph 24 or which involves any of the following:
(a) Use of section 4(f) land.
(b) Effect on property included in or eligible for inclusion in the National Register of Historic Places or other Property of state or local historical, architectural, archeological, or cultural significance.
(c) Land acquisition for conversion of farmland, scoring over 160 on Form AD-1006, protected under the Farmland Protection Policy Act (FPPA) to nonagricultural use through Federal financial assistance or through conveyance of government land.
(d) Wetlands, coastal zones, or floodplains.
(e) Endangered or threatened species.
b. FAA requests for conveyance of government land for airport purposes under section 516 of the 1982 Airport Act unless the proposed use of the land falls within the scope of paragraph 23 (see paragraph 34 for more detailed instructions).
c. The actions identified in this paragraph shall be supported through one of the following action choices based upon an environmental assessment:
(1) Environmental impact statements.
(2) Findings of no significant impact (see paragraph 27).
d. Actions identified in this paragraph may be the subject of written reevaluations of previously approved environmental impact statements or findings of no significant impact. (See paragraph 103).
23. Categorical exclusions.
a. Unless specifically covered by paragraphs 21, 22, 24, or 26, the items below are categorically excluded from the requirement for formal environmental assessment. Paragraphs 21 and 22 identify specific airport actions such as major runway extensions which require, as a minimum, an environmental assessment. Paragraph 24 identifies extraordinary circumstances which create a requirement for environmental assessment of actions otherwise excluded. Paragraph 26 deals with cumulative impact. For any of the following specific items, paragraphs 21, 22, 24, and 26 shall be reviewed.
(1) Runway, taxiway, apron, or loading ramp construction or repair work including extension, strengthening, reconstruction, resurfacing, marking, grooving, fillets and jet blast facilities, and new helicopters on existing airports, except where such action will create environmental impacts off airport property.
(2) Installation or upgrading of airfield lighting systems, including runway end identification lights, visual approach aids, beacons and electrical distribution systems.
(3) Installation of miscellaneous items including segmented circles, wind or landing direction indicators or measuring devices, or fencing.
(4) Construction or expansion of passenger handing facilities.
(5) Construction, relocation or repair of entrance and service roadway.
(6) Grading or removal of obstructions on airport property and erosion control
actions with no off-airport impacts.
(7) Landscaping generally, and landscaping of construction of physical barriers to diminish impact of airport blast and noise.
(8) Projects to carry out noise compatibility programs.
(9) Land acquisition and relocation associated with any of the above items.
(10) Federal release of airport land (see paragraph 35).
(11) Removal of a displaced threshold.
b. The following items are not subject to the paragraphs listed in a. above and are categorically excluded:
(1) Acquisition of an existing privately owned airport, as long as acquisition only involves change of ownership.
(2) Acquisition of: security equipment required by rule or regulation for the safety or security of personnel and property on the airport (
14 CFR part 107), safety equipment required by rule or regulation for certification of an airport (
14 CFR Part 139) or snow removal equipment.
(3) Issuance of airport planning grants.
(4) Airport Improvement Program actions which are tentative and conditional and clearly taken as a preliminary action to establish a sponsor's eligibility under the Program.
(5) Retirement of the principal of bend or other indebtedness for the terminal development.
(6) Issuance of airport policy and planning documents including the National Plan of Integrated Airport Systems (NPIAS), Airport Improvement Programs (AIP) priority system, advisory circulars on planning, design, and development programs which are not intended for direct implementation or which are issued by FAA as administrative and technical guidance to the public.
(7) Issuance of certificates and related actions under the Airport Certification Program (
14 CFR Part 139).
(8) Issuance of grants for preparation of noise exposure maps and noise compatibility programs per section 103(a) and 104(a) of the Aviation Safety and Noise Abatement Act of 1979 and
14 CFR Part 150 determination on noise exposure maps and approval of noise compatibility programs.
(9) Airspace determination (see paragraph 25, Advisory Actions).
ASSISTANCE TO STATES FOR LOCAL RAIL SERVICE UNDER SECTION 5
OF THE DEPARTMENT OF TRANSPORTATION ACT
§ 266.19 Environmental impact.
(a) General. The Administrator has determined that providing assistance to cover the following costs is not a major action significantly affecting the quality of the human environment: Rehabilitation or improvement consisting of work normally performed on a periodic basis which does not change the existing character of the facility (including work to overcome normal periodic maintenance that had been deferred) rail service continuation, acquisition, and planning.
(b) Substitute service assistance, rail facility construction assistance, and non-exempt rehabilitation or improvement assistance
(1) Environmental assessment.
(i) When an applicant requests substitute service assistance, rail facility construction assistance, or rehabilitation or improvement assistance (except for rehabilitation or improvement assistance which is exempt under paragraph :a) of this section), the applicant shall:
(A) Prepare an environmental assessment to determine whether the future use of the property will significantly affect the quality of the human environment; or
(B) Provide sufficient documentation to enable the Administrator to determine that the project satisfies the following criteria:
(1) The action is not likely to be environmentally controversial from the point of view of people living within the environment affected by the action or controversial with respect to the availability of adequate relocation housing;
(2) The action is not inconsistent with any Federal, State, or local law, regulation, ordinance, or judicial or administrative determination relating to environmental protection;
(3) The action will not have any significant adverse impact in any natural, cultural, recreational, or scenic environment(s) in which the action takes place, or on the air or water quality or ambient noise levels of such environment(s);
(4) The action will not: use 4(f)-protected properties; adversely affect properties under section 106 of the National Historic Preservation Act; involve new construction location in a wetlands area; or affect a base floodplain;
(5) The action will not cause a significant short- or long-term increase in traffic congestion, or other significant adverse environmental impact on any mode of transportation;
(6) The action is not an integral part of a program of actions which, when considered separately, would not be classified as major FRA actions, but when considered together would be so classified; and
(7) Environmental assessment or documentation is not required by any Federal law, regulation, guideline, order, or judicial or administrative determination other than this part.
(ii) Prior to submitting an application, FRA recommends that the applicant seek the Administrator's advice as to form and substance of the assessment for the project under consideration. The environmental assessment shall utilize an interdisciplinary approach in identifying the type, degree of effect, and probability of occurrence of primary, secondary and cumulative potential environmental impacts (positive and negative) of the proposed action and of alternative courses of action. The depth of coverage shall be consistent with the magnitude of the project and its expected environmental effects. The environmental assessment and all documents used as a basis for the assessment shall be submitted together with the application for assistance.
(2) Environmental impact statement. A draft environmental impact statement (EIS) shall be submitted with each application when the environmental assessment concludes that the future use significantly affects the quality of human environment. FRA recommends that prior to submitting the application, the applicant seek the Administrator's advice as to form and substance of the EIS for the project under consideration.
(3) Finding of no significant impact. A draft finding of no significant impact declaration shall be submitted with each application when the applicant's environmental assessment concludes that the figure use does not significantly affect the quality of the human environment. The finding of no significant impact shall include a description of the project, and sufficient data and environmental findings to support the conclusions as to the impact upon the quality of the human environment. FRA recommends that prior to submitting the application, the applicant seek the Administrator's advice as to the form and substance of this finding for the project under consideration.
(4) Section 4(f) determination. For projects involving the use of any land from a public park, recreation area, wildlife and waterfowl refuge, or historic site of national, State or local significance as determined by the Federal, State, or local officials having jurisdiction thereon, information to support a determination pursuant to section 4(f) of the Act shall be submitted together with the application. The section 4(f) determination shall document that:
(i) There is no feasible and prudent alternative to the use of such land; and
(ii) The project includes all planning to minimize harm resulting from such use.
(5) Historic preservation. For projects involving the use of historic, cultural or archeological resources listed or eligible for listing in the National Register of Historic Places, information which documents that the Advisory Council on Historic Preservation has been afforded an opportunity for review and comment on the proposed project in accordance with
16 U.S.C. 470 and
36 CFR part 800 shall be submitted with the application.
(c)
Highway or highway-related facilities. Substitute service projects involving highway or highway-related facilities are subject to the applicable substantive Federal Highway Administration regulations on environmental considerations (
23 CFR part 771).
