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41565Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Notices

thereunder,2 a proposed rule change toamend: (a) Rule 625, Training; (b)Equity Floor Procedure Advices andOrder & Decorum Regulations, F30Training; and (c) Options FloorProcedure Advices and Order &Decorum Regulations, F30 OptionsTrading Floor Training, to clarify andexpand the Exchanges training

requirements. Specifically, the proposedrule change expanded the category ofindividuals who are required to attendthe mandatory training sessions and thetraining topics covered. Further, theExchange set forth mandatory trainingrequirements, which would take placeon at least a semi-annual basis, for floormembers. The Exchange also proposedchanges to the language in Rule 970,Floor Procedure Advices: Violations,Penalties and Procedures, to delete thereference to the now-obsolete MarketSurveillance Department and to providethat any authorized official of the

Exchange may sign a citation for a floorprocedure advice violation. Theproposal was published for comment inthe Federal Register on June 19, 2007.3

The Commission received no commentson the proposal. This order approves theproposed rule change.

After careful review of the proposal,the Commission finds that the proposedrule change is consistent with therequirements of the Act and the rulesand regulations thereunder applicable toa national securities exchange.4 Inparticular, the Commission finds thatthe proposal is consistent with section6(b)(5) of the Act,5 which requires,

among other things that the rules of anexchange be designed to preventfraudulent and manipulative acts andpractices, to promote just and equitableprinciples of trade, to removeimpediments to and perfect themechanism of a free and open marketand a national market system, and, ingeneral, to protect investors and thepublic interest.

Expanding the Exchanges currentmandatory training program shouldprovide a means for keeping membersand persons employed by or associatedwith such members or member

organizations, and ParticipantAuthorized Users, informed of andeducated about, among other things,current rules and regulations andtrading-related Exchange systems,which should enhance member

217 CFR 240.19b4.3SeeSecurities Exchange Act Release No. 55729

(June 12, 2007), 72 FR 33797.4 In approving this proposed rule change, the

Commission has considered the proposed rulesimpact on efficiency, competition, and capitalformation. See15 U.S.C. 78c(f).

515 U.S.C. 78f(b)(5).

compliance with the federal securitieslaw and Exchange rules. Additionally,updating the language in Exchange Rule970 should promote efficiency inconnection with the issuance ofcitations.Itisthereforeordered, pursuant to

section 19(b)(2) of the Act,6 that theproposed rule change (SRPhlx2007

16) be, and hereby is, approved.For the Commission, by the Division of

Market Regulation, pursuant to delegatedauthority.7

Florence E. Harmon,

DeputySecretary.

[FR Doc. E714606 Filed 72707; 8:45 am]

BILLING CODE 801001P

TENNESSEE VALLEY AUTHORITY

[Meeting No. 0704]

Sunshine Act Meeting

TimeandDate:9 a.m. (EDT), August1, 2007, TVA West Tower Auditorium,400 West Summit Hill Drive, Knoxville,Tennessee 37902.Status:Open.

Agenda

OldBusiness

Approval of minutes of May 31, 2007,Board Meeting.

NewBusiness

1. Presidents Report.2. Report of the Finance, Strategy, and

Rates Committee.

A. Annual budget.B. Customer Items.i. Time-of-use power supply

arrangements with a directly-servedcustomer.

ii. Real time energy arrangements.iii. Implementation of 5-Minute

Response program.iv. Interconnection agreements with

the cities of Princeton and Paducah,Kentucky.

v. Limited interruptible power/Limited firm power.

C. PURPA determinations.D. Financial trading program

modifications.3. Report of the Operations,Environment, and SafetyCommittee.

A. Watts Bar Nuclear Plant Unit 2construction and startup.

B. Authorization to purchase acombined cycle generating facility.

C. Amended Board Practice on Fuel,Power Purchases or Sales, andRelated Contract Approvals.

615 U.S.C. 78s(b)(2).717 CFR 200.303(a)(12).

4. Report of the Human ResourcesCommittee.

FOR FURTHER INFORMATION: Please callTVA Media Relations at (865) 6326000,Knoxville, Tennessee. Information isalso available at TVAs WashingtonOffice (202) 8982999. People who planto attend the meeting and have specialneeds should call (865) 6326000.Anyone who wishes to comment on anyof the agenda in writing may send theircomments to: TVA Board of Directors,Board Agenda Comments, 400 WestSummit Hill Drive, Knoxville,Tennessee 37902.

Dated: July 25, 2007.

Maureen H. Dunn,

GeneralCounselandSecretary.

[FR Doc. 073717 Filed 72607; 12:44 pm]


DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Federal Presumed To Conform ActionsUnder General Conformity

AGENCY: Federal AviationAdministration (FAA), DOT.

ACTION: Final Notice.

SUMMARY: The Clean Air Act (CAA)section 176(c), 42 U.S.C. 7506(c) andAmendments of 1990 1 require that allFederal actions conform to anapplicable State Implementation Plan(SIP). The U.S. Environmental

Protection Agency (EPA) has establishedcriteria and procedures for Federalagencies to use in demonstratingconformity with an applicable SIP thatcan be found at 40 CFR 93.150 etseq.(The Rule).

The Rule allows Federal agencies todevelop a list of actions that arepresumedtoconformto a SIP 2 for thecriteria pollutants and their precursorsthat are identified in 40 CFR93.153(b)(1) and (b)(2) and in theNational Ambient Air Quality Standards(NAAQS) under 40 CFR 50.450.12.3

The criteria pollutants of concern for

local airport air quality are ozone (O3)and its two major precursors (volatileorganic compounds (VOC) and nitrogenoxides (NOX)), carbon monoxide (CO),nitrogen dioxide (NO2), sulfur dioxide

1Clean Air Act Title I Air Pollution Preventionand Control, Part D, Subpart 1, Section 176Limitation on Certain Federal Assistance.

240 CFR Part 93, 93.153(f).3NAAQS established by the EPA represent

maximum concentration standards for criteriapollutants to protect human health (primarystandards) and to protect property and aesthetics(secondary standards).


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41566 Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Notices

(SO2) 4, and particulate matterconsisting of small particulates with adiameter less than or equal to 2.5micrometers (PM2.5) and largerparticulates with a diameter of up to 10micrometers (PM10).5

According to the Rule 6, Federalagencies must meet the criteria forestablishing activities that are presumed

to conform by either:(1) Clearly demonstrating that the

total of direct and indirect emissionsfrom the type of activities that would bepresumed to conform would not:

(i) Cause or contribute to any newviolation of any standard in any area;

(ii) Interfere with provisions in theapplicable SIP for maintenance of anystandard;

(iii) Increase the frequency or severityof any existing violation of any standardin any area; or

(iv) Delay timely attainment of anystandard or any required interimemission reductions or other milestones

in any area including emission levelsspecified in the applicable SIP 7; or

(2) Providing documentation thatemissions from the types of actions thatwould be presumed to conform are

below the applicable deminimislevelsestablished in 40 CFR 93.153(b)(1) and(b)(2).8 This documentation may be

based on similar actions that the agencyhas taken over recent years.9 Besidesdocumenting the basis for presumed toconform activities, Federal agenciesmust fulfill procedural requirementsunder the Rule relating to publication inthe Federal Register, notification to

Federal/State/local agencies,opportunity for public comment, andavailability of responses to publiccomments.10

In this Notice, the Federal AviationAdministration (FAA) is identifying alist of actions involving agency approvaland financial assistance for airportprojects that are presumed to conform.The benefits of this list include theelimination of unnecessary agency costsassociated with evaluating actions withfew if any emissions. As a result, theagency will be able to streamline theenvironmental process by applyingmore of its resources to actions thathave the potential to reach regulatedemission levels or adversely impact airquality.

Addressing the need for efficiencyand streamlining, the EPA states that the

4FAA calculated SOX is considered equal to SO25PM2.5 is a subset of PM10 with separate

standards for each.640 CFR Part 93, 93.153(g).740 CFR Part 93, 93.153(g)(1).8Title 40 CFR Part 93, 93.153(g)(2).9 Ibid.10Title 40 CFR Part 93, 93.153(h).

provisions allowing Federal agencies toestablish categories of actions that arepresumed to conform are intended toassure that these Rules are not overly

burdensome and Federal agencieswould not spend undue time assessingactions that have little or no impact onair quality. 11 Furthermore, the EPAstates that Federal actions which are de

minimisshould not be required by thisRule to make an applicability analysis.A different interpretation could result inan extremely wasteful process whichgenerates vast numbers of uselessconformity statements. 12

Consequently, the Rule allowsindividual Federal agencies to presentcategories of actions that have beendocumented to be deminimisand,therefore should be presumed toconformto the Rule under 40 CFR93.153(f).

This Notice contains a summary ofdocumentation and analysis which

demonstrates that actions describedbelow will not exceed the applicable deminimisemission levels fornonattainment and maintenance areas,as specified under 40 CFR 93.153(b). Inrelation to the agencys demonstrationof presumed to conform actions, theEPA has defined broad categories ofactions in 40 CFR 93.153(c)(2) that areexempt from the Rule because theactions result in no emissions increaseor an increase in emissions that isclearly deminimis. In this Notice, theFAA distinguishes various airport-related actions that are exempt underthe Rule from those that are presumedto conform.

Notification Process for Presumed ToConform

The notification requirements in theRule are as follows: 13

(1) The Federal agency must identifythrough publication in the FederalRegister its list of proposed activitiesthat are presumed to conform and the

basis for the presumptions;(2) The Federal agency must notify

the appropriate EPA Regional Office(s),State and local air quality agencies and,where applicable, the agency designated

under section 174 of the Act and themetropolitan planning organization(MPO) and provide at least 30 days forthe public to comment on the list ofproposed activities presumed toconform;

(3) The Federal agency mustdocument its response to all thecomments received and make thecomments, response, and final list of

1158 FR 63228 (Nov. 30, 1993).1258 FR 63229 (Nov. 30, 1993).1340 CFR Part 93, 93.153(h)(14).

activities available to the public uponrequest; and

(4) The Federal agency must publishthe list of such activities in the FederalRegister.

In meeting the requirements above,the FAA issued the Draft Notice,entitled FederalPresumedtoConformActionsUnderGeneralConformity, in

the Federal Register of Monday,February 12, 2007 (Vol. 72, No. 28, pp.66416656). All of the appropriateorganizations were notified andencouraged to comment, including EPARegions, State and local air qualityagencies, and metropolitan planningorganizations.

A 45-day public comment period wasprovided for the Draft Federal Notice,allowing a few additional weeks forcomment beyond the minimum 30-daynotice period. Seven (7) letters weresubmitted to the FAA. From theseletters, the FAA identified twenty-nine

(29) separate comments to which theagency prepared individual writtenresponses. All of the letters, comments,and responses are publicly available forreview on the FAA Office of AirportsWeb site for environmental programs.

Based on comments received andfollow-up discussions with the EPA, theFAA made appropriate revisions to theFederal Register Notice. The FAA iscompleting its notification requirements

by publishing the completed list ofpresumed to conform actions in thisFinal Federal Register Notice. Thepublic may obtain further programinformation or review project

documentation by contacting the officeand person listed under For FurtherInformation Contact.FOR FURTHER INFORMATION CONTACT: Dr.

Jake A. Plante, Planning andEnvironmental Division, FederalAviation Administration, 800Independence Avenue, APP400, SW.,Room 616, Office of Airports,Washington, DC 20591,[email protected], phone (202) 4934875, fax (202) 2675257.

Table of Contents

The major sections of this document are asfollows:I. BackgroundII. Existing ExemptionsIII. Presumed To Conform Project

Descriptions and JustificationsIV. How To Apply Presumed To Conform

Actions

I. Background

Under the Rule (40 CFR 93.153(g)(h)),the FAA and other agencies are entitledto develop a list of proposed actions thatare presumed to conform. The processof establishing presumed to conformclassifications is predicated on the


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concept of conformity. Conformityassures that an activity that is presumedto conform does not cause or contributeto any new violation of the NAAQS orinterfere with provisions contained inapplicable SIPS.

The administration and enforcementof conformity regulations are delegated

by the EPA to the individual States

through provisions in each SIP. A SIP isthe written plan submitted to the EPAdetailing each States strategy to controlair emissions to meet and maintain theNAAQS in geographic areas that aredesignated as nonattainment areas. TheEPA requires each State to devise sucha plan for each criteria pollutant causingviolations or the EPA will impose aFederal implementation plan (FIP) forthe State. When a nonattainment areaachieves compliance with the NAAQS,it becomes a maintenance area for atleast 10 years with ongoing Stateresponsibility to ensure continued

attainment.14

GeneralConformity

General conformity refers to theprocess of demonstrating that a generalFederal action conforms to theapplicable SIP. A general Federal actionis defined more by what it is not, ratherthan by what it is. A general Federalaction is any Federal action that is nota Federal transportationaction andconsequently not subject to theconformity requirements established forFederal highway or transit actions,referred to as transportationconformity.A Federal transportation

action is an action related totransportation plans, programs, andprojects that are developed, funded, orapproved under Title 23 United StatesCode (USC) or the Federal Transit Act(FTA).15 Since FAA actions do not meetthe definition of a transportation action,they are general actions by default andthus subject to the General ConformityRule.

The FAA and other Federal agenciessubject to general conformity must makea determination that the Federal actionconforms to the SIPs purpose to meetand maintain the NAAQS before the

action is taken. If the proposed actionsare not specifically exempt or classifiedas presumed to conform, it is necessaryto conduct an emissions inventory aspart of the applicability analysis todetermine if emissions are likely toequal or exceed the establishedscreening criteria emission rates knownas the deminimisthresholds. A generalconformity determination is required foreach pollutant identified as

14CAA, Section 175A, 42 U.S.C. 7505a.1549 U.S.C. 1601 etseq.

nonattainment or maintenance when thetotal of direct and indirect emissionscaused by a Federal action equals orexceeds any of the applicable deminimisthresholds.16

FAAAirportDevelopmentActionsSubjecttoGeneralConformity

The FAA is responsible for deciding

whether its actions involving an airportlocated in a nonattainment ormaintenance area require a generalconformity evaluation.17 FAA actionsthat require a conformity evaluationinclude unconditional approval of anyor all parts of an airport layout plan(ALP), final Airport ImprovementProgram (AIP) grant approvals, andapprovals for use of Passenger FacilityCharges (PFCs). Other FAA actions thatmay require a conformity evaluationinclude proposed actions for which anenvironmental assessment (EA) orenvironmental impact statement (EIS) isprepared under the requirements of theNational Environmental Policy Act.

II. Existing Exemptions

For the FAA to provide the propercontext and baseline for identifying andproposing a list of presumed to conformFederal actions, it is important toconsider the extent to which FAAairport-related actions and activitiesmay qualify for exemption from generalconformity requirements. The EPA hasdefined broad categories of exemptactions under 40 CFR 93.153(c)(2) thatresult in no emissions increase orincreases in emissions that are clearly

deminimis. These actions are notsubject to further analysis forapplicability, conformity, or regionalsignificance under the Rule.

As part of this Federal RegisterNotice, the FAA has interpreted how theexemptions in the Rule apply to FAAactions associated with airport facilitiesand aviation planning. The followingdiscussion addresses the most relevantexamples of these exemptions regardingFAA actions for airport development.

1.RulemakingandPolicyDevelopment[40CFR93.153(c)(2)(iii)]

The FAA develops rules and policies

to address issues of safety, aviationnoise abatement, and systematicimprovements to efficiency. Thisincludes issuance of airport policy andplanning documents for the National

1640 CFR Part 93, 93.153(b).17 Conformity evaluationrefers to the overall

process of assessing whether an action/project issubject to general conformity requirements, whichmay include an applicability analysis needed tomake a conformity determination. See Question #1,EPA and FAA General Conformity Guidance forAirports: Questions and Answers, September 25,2002.

Plan of Integrated Airport Systems(NPIAS), the Airport CapitalImprovement Program (ACIP), andAdvisory Circulars on planning, design,and development programs. Thesedocuments provide administrative andtechnical guidance to the airportcommunity and the public and are notintended for direct implementation. The

actual process of rulemaking or policydevelopment is typically administrativein nature and does not cause an increasein air emissions.

2.RoutineMaintenanceandRepairActivities[40CFR93.153(c)(2)(iv)]

In conformance with FAA standardsand regulations, the airport sponsormust maintain airport facilities and theairfield in a manner that ensures thesafe operation of the airport. Theseactivities constitute Federal actionswhen Federal funding from the FAA isinvolved. Airport maintenance, repair,removal, replacement, and installationwork that matches the characteristics,size, and function of a facility as itexisted before the replacement or repairactivity typically qualifies as routinemaintenance and repair for purposes ofgeneral conformity. Such activity doesnot increase the capacity of the airportor change the operational environmentof the airport.

The FAA does not consider majorrunway reconstruction to qualify asexempt under the Rule if thereconstruction results in a runway thatis hardened, lengthened, or widened tosupport a larger class of aircraft.

Proposed funding for such a projectwould require analysis of emissionlevels to determine the applicability ofgeneral conformity requirements.

Routine maintenance for existingrunways, taxiways, aprons, ramps,fillets, and airport roadways includesin-kind resurfacing,18 re-marking ofexisting runways, taxiways, apron areas,etc., and runway grooving and rubberremoval projects. Other areas of routinereplacement, maintenance, and repairwork that may be considered exemptfrom the Rule include:

Existing signage. Existing lighting systems. Existing pavement markings. Wind or landing direction

indicators. Existing airport security access

control. Existing buildings and structures. Existing heating, ventilation, and

air conditioning (HVAC) systems. Existing infrastructure such as

sanitary sewer or electrical systems.

18Depending on numerous factors affectingsurface conditions, airports will generally resurfaceasphalt runways every 710 years.


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General landscaping, erosioncontrol, and grading.

3.Planning,Studies,andProvisionsofTechnicalAssistance[40CFR93.153(c)(2)(xii)]

Planningandinformation-relatedactionsdonotrepresentimplementationofoperationalchanges

attheairportandthereforedonotresultinemissionincreases.Consequently,actionssuchasthoselistedbelowmaybeconsideredexemptfromtheRule:

FAA funding and acceptance ofMaster Plans and Updates.

FAA funding of System PlanningStudies.

FAA acceptance of noise exposuremaps and approval of noisecompatibility programs pursuant to 49U.S.C. 47501 etseq., as implemented by14 CFR Part 150.

FAA approval of noise and accessrestrictions on operations by Stage 3

aircraft under 49 U.S.C. 47524, asimplemented by 14 CFR Part 161.

4.TransfersofOwnership,Interests,andTitlesinLand,Facilities,andRealandPersonalProperties,RegardlessoftheFormorMethodoftheTransfer[40CFR93.153(c)(2)(xiv)]

5.Actions(orPortionsThereof)AssociatedWithTransfersofLand,Facilities,Title,andRealPropertiesThroughanEnforceableContractorLeaseAgreementWheretheDeliveryoftheDeedIsRequiredToOccurPromptlyAfteraSpecific,ReasonableConditionIsMet,SuchasPromptlyAftertheLandIsCertifiedasMeetingtheRequirementsofComprehensiveEnvironmentalResponse,CompensationandLiabilityAct(CERCLA),andWheretheFederalAgencyDoesNotRetainContinuingAuthorityToControlEmissionsAssociatedWiththeLands,Facilities,Title,orRealProperties[40CFR93.153(c)(2)(xix)]

Actions by the FAA to transfer oracquire land or equipment that do notincrease the capacity of the airport orchange the operational environmentaffecting air emissions. Such actionsinclude funding or approving transfers,acquisitions, or releases by airportsponsors,19 or preparing and executingrelated contracts or written agreements.Related actions that may be consideredexempt from the Rule are:

Facilities and equipment purchases. Land acquisition and relocation

assistance.

19Airport sponsorsare planning agencies,public agencies, or private airport owners/operatorsthat have the legal and financial ability to carry outthe program requirements for FAA financialassistance.

Land releases for which there is noreasonable expectation of a change inland use.

Avigation easement acquisition. Acquisition of an existing privately

owned airport involving only change ofownership.

6.AlterationsandAdditionsofExistingStructuresasSpecificallyRequiredbyNeworExistingApplicableEnvironmentalLegislationorEnvironmentalRegulations(e.g.,HushHousesforAircraftEngines* * *)[40CFR93.153(d)(4)]

Actions that are initiated in responseto specific environmental laws andregulations (e.g., energy efficiency, noiseabatement structures and equipment)may be considered exempt from theRule. These actions include:

Equipment purchases. Protective noise barriers. Required noise mitigation actions

including the installation and operation

of hush houses for aircraft and enginemaintenance.

7.FederalActionsWhichArePartofaContinuingResponsetoanEmergencyorDisaster[40CFR93.153(d)(2)and(e)]

Actions in response to emergencies,natural disasters, etc., that involveoverriding concerns for public healthand welfare, national security interests,or foreign policy commitments may beexempt from general conformityrequirements for six months andpossibly longer if justified in writing bythe agency.20

III. Presumed To Conform ProjectDescriptions and Justifications

The FAA began the process ofdeveloping and documenting presumedto conform actions with a detailedenvironmental survey of airportprojects. The survey was conducted byall FAA regional offices, whichidentified approved airport projects overa recent two-year period that received acategorical exclusion (CATEX) orFinding of No Significant Impact(FONSI).21 This information wasrequested only for airports included inareas designated as nonattainment or

maintenance by the EPA. Informationcompiled from these surveys describedabout 600 completed projects at over100 airports.

The survey information wasprocessed by assigning each airport

20Airports located in nonattainment ormaintenance areas with small regional emissionbudgets may need to check whether a proposedexempt action might be regionally significant under40 CFR Part 93, 93.153(i).

21FAA Order 1050.1E, chapter 3 (CATEX) andChapter 4, 406 (FONSI), pursuant to the NationalEnvironmental Policy Act.

planning and development project intoone of two categories: (1) Projects thatare exempt from the requirements of theRule as defined by 40 CFR 93.153(e); or(2) projects that require an applicabilityanalysis before being defined as deminimis(i.e., presumed to conform),according to 40 CFR 93.153(c)(1).Specific information on the application

of these two project categories ispresented in Section II and Section IIIof this document, respectively.

In the analysis of the survey results,any airport project that exceeded deminimislevels even once wasconsidered ineligible for the presumedto conform list. Follow-upcommunications with airports and FAAregional representatives helped toclarify terminology and confirm thereliability of the presumptions. Inaddition, the FAA performed detailedworst-case analyses where practicable inareas where project size and

implementation could conceivablyresult in the exceedance of deminimislevels.

The airport project survey data andother agency experience inimplementing similar actions taken overrecent years provide the fundamental

basis for all of the presumed to conformclassifications. The FAA conductedadditional quantitative analyses forspecific project areas, as practicable.These analyses are summarized inSection III, and include the following:pavement markings; terminal upgrades;commercial vehicle staging areas; non-runway paving; heating, ventilation, andair conditioning (HVAC) systems; andlow-emission technology and alternativefuel vehicles.

Based on the survey of airportprojects, the additional evaluations, andquantitative analyses, only those projectcategories that were proven to bereliably and consistently deminimiswere classified as presumed to conform.In general, FAA presumed to conformactions involve maintenance,navigation, construction, safety, securityactivities, and new technology andvehicle systems that do not modify orincrease airport capacity or change the

operational environment of the airportin such a way as to increase airemissions above deminimisthresholds.

Presented below are the airportproject descriptions and justificationsfor FAA actions that are presumed toconform. There are fifteen projectcategories, which are discussed in thefollowing order:

1. Pavement Markings.2. Pavement Monitoring Systems.3. Non-Runway Pavement Work.4. Aircraft Gate Areas on Airside.5. Lighting Systems.


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6. Terminal and Concourse Upgrades.7. New HVAC Systems, Upgrades, and

Expansions.8. Airport Security.9. Airport Safety.10. Airport Maintenance Facilities.11. Airport Signage.12. Commercial Vehicle Staging

Areas.

13. Low-Emission Technology andAlternative Fuel Vehicles.14. Air Traffic Control Activities and

Adopting Approach, Departure andEnroute Procedures for Air Operations.

15. Routine Installation and Operationof Aviation Navigation Aids.

1.PavementMarkings

Airport sponsors apply paint onpaved surfaces, such as runways,taxiways, apron areas, cargo areas, andparking lots to ensure the safe operationof aircraft during approach and landingand to provide safe direction for surfacevehicles. Most pavement marking

projects are considered routinemaintenance activities, qualifying asexempt from the Rule (see Section II,number 2 of this Notice). These actionsare designed to restore and improvepainted surfaces that have deteriorateddue to time, use, and weather.

Federal actions that alter airport usethrough new pavement markings are notroutine maintenance but are presumedto conform if such actions do notincrease airport capacity or introduce alarger class of aircraft at the airport. Forexample, new runway markings forimproved flight procedures from visual

flight rules (VFR) to instrument flightrules (IFR) are presumed to conform ifnormal traffic flow is maintained.

Pollutant emissions due to the paintapplication process are primarilycomposed of VOC from the paint, andNOX emitted from the trucks andapplication compressors required toprepare the surface and apply the paint.

Emissions of both VOC and NOX areconsidered precursors to thedevelopment of ozone in theatmosphere. Therefore, emissions fromthe application of painted pavementmarkings pertain most importantly toozone nonattainment and maintenanceareas.

A worst-case calculation of emissions

was performed based on equipment andtypes of paint required to mark aCategory III 13,000-foot runway with aninstrument lighting system (ILS) to FAAspecifications. The calculation ofemissions included the removal ofexisting markings using water pressurethrough a compressor mounted on adiesel truck, a pavement sweeper truckto remove debris, the application of thepaint using an air compressor mountedon a diesel truck, and a small handsprayer for detailed markings, such assquared corners. A total of 2,492 gallonsof paint (a combination of white,

yellow, and black) were applied to therepresentative runway at a rate of 115square feet per gallon of paint. Thetrucks transporting the paint andcompressors were assumed to be similarto a single axle, Class 7 diesel pickuptruck.22 The sweeper was assumed to bea regenerative diesel air power model,using a chassis engine and an auxiliaryengine to power the brushes.ManufacturersMaterial Safety DataSheets were referenced for the VOCemissions factors for the three colors oflatex paint. Emissions factors for thecriteria and precursor pollutants were

obtained from the EPA NonroadEngineandVehicleEmissionStudy-Report.23

22The Gross Vehicle Weight Rating (GVWR)system defines a Class 7 diesel truck as one that cancarry 26,001 to 33,000 pounds of weight on twoaxles.

23EPA Report 460/39102, November 1991,NonroadEngineandVehicleEmissionStudyReport.

Load factors and horsepower ratingswere obtained from the EPA NonroadEngineandVehicleEmissionStudy-ReportandMedianLife,AnnualActivity,andLoadFactorValuesforNonroadEngineEmissionsModeling.24

The maximum volume of paint thatcould be applied without equaling orexceeding the deminimisthresholds for

any nonattainment and maintenanceclassification was calculated.25 Forinstance, an airport located within anextreme nonattainment area for ozone islimited to net project emissions of 10tons of VOC per year. This translatesinto an annual application of 21,890gallons of paint, which also causes 0.21tons 26 of NOX emissions. For example,this volume of paint would mark eightCategory III 13,000-foot ILS runways. Avolume of paint on the order of onemillion gallons is required to causeemissions of NOX to equal 10 tons peryear. Likewise, a volume of paint on the

order of five million to 176 milliongallons is required in order to besufficient to exceed the deminimisthresholds for CO, SO2, or PM10.Therefore, VOCs are the limitingpollutant 27 for the application of paintat airports and emissions of NOX, CO,SO2, and PM10 are considerably less.Table III1 provides the gallonapplication limits, which include theuse of construction equipment forpavement markings in nonattainmentand maintenance areas.


24EPA Report NR005A, December 9, 1997,revised June 15, 1998,MedianLife,AnnualActivity,andLoadFactorValuesforNonroadEngineEmissionsModeling.

25Calculations of maximum paint volumeinclude consideration of construction equipment.

26Short tons, where one ton equals 2,000 lbs.27The limiting pollutant is defined as the criteria

pollutant that first exceeds deminimislevels for agiven project.


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BILLING CODE 491013C 2.PavementMonitoringSystems indicate when the durability andstrength of the pavement needs to be

Airports have the option of installing reinforced. These systems area pavement monitoring system to


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passenger terminal service by reducingpassenger queuing and waiting times.Actions to approve or fund theupgrading of aircraft gate areas arepresumed to conform provided suchactions do not increase aircraftoperations or introduce a larger class ofaircraft at the airport.

5.LightingSystemsAirport sponsors may need to install

new lighting systems to maintain properillumination of roadways, taxiways,runways, and parking areas. The datafrom the FAA surveys indicated thatairport upgrading and installing of newlighting systems is done on an as-needed basis.

Minor mechanical work is requiredfor the installation effort, followed byelectrical work that does not requirelarge off-road construction equipment.Assuming the installation requires theuse of a pickup truck, a utility truck, anexcavator, and a small generator, theconstruction will have to proceedcontinuously (eight hours a day, 20 daysa month) for more than 17 months (1.4years) in order to produce emissionsnear the level of 10 tons of NOX. For theremaining criteria pollutants andprecursors, construction on the order ofseveral years would be required toapproach the deminimisthresholds.Runway and other lighting systems can

be installed in less than two weeks;therefore, project constructionemissions are well below deminimisand presumed to conform.

6.TerminalandConcourseUpgradesThe opportunity to expand or upgrade

terminals and concourses for improvingpassenger convenience oradministrative use typically involvesincreasing or renovating the interiorterminal space, including offices, holdrooms, concessions, restrooms, and gateareas. Terminal and concourse upgradesdo not include new or upgradedheating, ventilation, and airconditioning systems, which arecovered under a separate presumed toconform action (#7) because of theiradditional operating emissions.

Qualifying projects in this category donot include terminal replacementprojects or have the effect of attractingmore passengers. Nor do they have theeffect of increasing the airports abilityto accommodate additional numbers or

types of aircraft or to increase passengerloading on scheduled flights. Majorterminal and/or concourse expansionprojects that are designed to increasepassenger usage or to support increasedairfield capacity through new aircraftgates, runways, taxiways, etc. require aninventory of direct and indirectemissions to determine the further

applicability of general conformity.Construction vehicles and equipment

are the dominant source of emissionswhen expanding or upgradingterminals. A conservative approach toquantifying construction emissions wasused to determine the appropriate limitsfor this type of activity. The emissionlimits are presented in Table III1 underTerminal Upgradesaccording to thedeminimisthresholds.

A proposed terminal expansionproject located in the FAAs SouthernRegion was used as the representativeproject. The terminal was proposed tohave an additional footprint of 381,000square feet. This proposed project waspurposely selected to provide aconservative estimate of constructionemissions normally released from thistype airport improvement activity, eventhough this presumed to conformactivity is limited to non-capacityenhancing projects. Emissions werequantified in this case from constructionactivities, including soil cementpreparation, subgrade preparation, lightand heavy demolition, cement basetreatment, installation of the gradeaggregate base, construction of theterminal, light and heavy utility work,

and light and heavy earthwork. Inaddition, the proposed terminalexpansion was assumed to occur withinthe same calendar year instead of theproposed schedule of seven years.

Construction emissions werecalculated using prescribed EPAmethodology incorporating theprojected construction activity level, thenumber of construction vehicles andequipment, and industry-wideutilization rates. Emission factors forconstruction vehicles and equipmentwere taken from EPA databases fornonroad vehicles and engines,35 and

their updates.36

35EPA Report 460/39102, November 1991,Nonroad Engine and Vehicle Emission StudyReport.

36EPA Report NR005A, December 9, 1997,revised June 15, 1998, Median Life, Annual

A proposed terminal/concourseexpansion project is presumed toconform up to the square foot additions(footprint) of the project as determined

by the most limiting pollutant (see TableIII1). The prescribed build-out limitsper calendar year apply to allcomponents of the terminal/concourseupgrade project according to the airquality status of the area in which theproject is located.

7.NewHVACSystems,Upgrades,andExpansions

Upgrading and expanding heating,ventilation, and air conditioning(HVAC) systems are presumed toconform because any emission increasesassociated with improvements to airportheating and cooling systems aregenerally minor and well below deminimisthresholds.

Heating for airport terminal buildings

is typically provided through a boilersystem.37 Boilers may be fueled bynatural gas, coal (bituminous, sub-

bituminous, or anthracite), No. 5 andNo. 6 fuel oil (residual), No. 2 fuel oil(diesel), culm fuel, and liquefiedpetroleum gas (propane or butane).Pollutant emissions due to the operationof boilers vary with the fuel used. Theemission factors for the various fuels arepresented in Table III2 below.

A new, upgraded, or expanded boilersystem involves the installation of newequipment to replace or expand the

capacity of existing boiler systems.Boilers can be very large and aresometimes delivered on flatbed semi-tractor trailer trucks and set in place bya crane. Table III3 presents theconstruction emissions, primarily NOXand CO, associated with the installationof a large boiler as described.


Activity, and Load Factor Values for NonroadEngine Emissions Modeling.

37A boiler is an encased vessel that provides a

means for combustion heat to be transferred intowater until it becomes steam. The steam is thenused to heat the building through a network ofpipes. When water is boiled into steam its volumeincreases about 1,600 times, which is an efficientmeans for transferring heat for a process.HVACWebTech, Inc.


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BILLING CODE 491013C


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BILLING CODE 491013C following the events of September 11, passenger scanning devices, addition of

8.AirportSecurity 2001, the FAA has determined that camera surveillance, bolstering ofdedicated security-related airport airport security fencing, and

Based on collected project projects qualify as presumed to conform reinforcement of airport access control.information and additional agency actions, including modification of In most cases, the installation ofexperience with airport security actions existing terminals with luggage and security equipment and upgraded


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operations in existing facilities will notresult in the generation of air emissions.If the construction and installation ofsome dedicated security projects docause emissions, these emissions will beminor and well below the deminimisthresholds.

Security requirements also maydictate that parking spaces close to

terminal buildings be eliminated.42 As aresult, FAA actions associated with theexpansion of parking facilities tocompensate for lost close-in parking arepresumed to conform provided theseactions are limited to a one-for-onereplacement of parking capacity.Generally, the relocation of parkingspaces away from the terminal buildingwill reduce vehicle miles traveled(VMT) on airport property, resulting inan emissions decrease.

It is important to note that thiscategory of presumed to conform actionsis separate from exempt Federal actions

under the Rule that are part of acontinuing response to an emergency ordisaster.43 Agency use of the emergencyexemption is limited in time and mustinvolve overriding concerns for publichealth and welfare, national securityinterests, and foreign policycommitments.44

9.AirportSafety

Airport projects relating to airportsafety include actions specific to theRunway Safety Area (RSA). FAAregulations specify the requirements fora RSA, which is defined as the surfacearea that surrounds and extends beyondthe runway ends that is required forreducing the risk of damage to airplanesin the event of an undershoot,overshoot, or excursion from therunway.45 RSA improvements arepresumed to conform unless a new roador the relocation of a road is required.

In addition to a safe airfield, airportprojects to build, expand, replace,upgrade, or equip a required AircraftRescue and Firefighting Facility (ARFF)are presumed to conform. Thesefacilities are relatively small airportprojects and must be provided by theairport to ensure airport and passenger

safety. Airports must meet ARFFrequirements as specified under 14 CFR139.317, and are responsible forupgrading an ARFF if there is anincrease in the average daily departuresor the length of an air carrier aircraft.46

42FAA Aviation Security Directive issuedFebruary 2002.

4340 CFR Part 93, 93.153(e).44 Ibid.45FAA AC 150/530013, September 29, 1989,

Airport Design.46Per index under 14 CFR Part 139, 139.319(a)

10.AirportMaintenanceFacilities

Airport maintenance facilities housethe equipment necessary to run, service,and maintain the airport environs.These facilities can include vehicleservice centers, fueling stations, andstorage areas for snow removal andmaintenance equipment. FAA actions

associated with upgrading airport-owned maintenance facilities arepresumed to conform based on the factthat these facilities typically requireonly minor construction. However, theinstallation or upgrading of aircraftmaintenance facilities (typically owned

by an airline or charter company) thatare used to paint or maintain aircraft atan airport are not considered presumedto conform because aircraft maintenancefacilities may cause an increase inflights to meet maintenance schedules.

11.AirportSignage

Airport sponsors place signs

throughout the airport property to directpassengers, employees, and vendors toterminals, parking lots, rental car areas,maintenance areas, etc. In addition,airports provide a network of signs todirect aircraft and vehicles on theairfield. Airport signage is oftenelectrified for illumination at night andfor other times of limited visibility. Ingeneral, airport signage installation can

be completed in a matter of days orweeks. It would require more than ayear of continuous installation to exceedthe 25-ton threshold for NOX. Therefore,airport signage installation projects are

presumed to conformed.12.CommercialVehicleStagingAreas

Commercial vehicle staging areas atairports serve as temporary holdingareas for taxicabs, limousines, and othercommercial vehicles. Such areas reducethe need to idle at the terminal curbfront and help to decongest the terminalroadways. Airports that employcommercial vehicle staging areas mayenforce specific idling restrictions orengine-off mandates to further reduceair quality impacts. Generally, the use ofcommercial vehicle staging areas is an

emissions reduction strategy becausethe alternative inherently creates moreemissions from increased traffic andcongestion at the terminal.

A Federal action to develop acommercial vehicle staging area forpurposes of relieving airport trafficcongestion is presumed to conform

based on the criteria provided in TableIII1 for a Commercial Vehicle StagingArea.Providing a commercial vehiclestaging area does not cause an increasein the volume of vehicles on regionalroadways and impacts air quality only

through the use of constructionequipment to pave the staging area.Construction emissions are primarilycomprised of NOX and CO.

The quantity of emissions associatedwith the construction of an asphalttaxicab staging area was based on aconstruction design for a regionalasphalt roadway. The calculation of

emissions included activities such asexcavation, preparation of the subgrade,adding a base layer of stone, finegrading, and paving. The paving processincluded the application of a tack coat,wearing course, and the final seal coat.The type and use of constructionequipment was determined based oninformation obtained from the R.S.MeansMeansBuildingConstructionCostData, and the StateofOhioDepartmentofTransportationsManualof Procedures for FlexiblePavementConstructionandPavementDesignandRehabilitationManual.Rated

horsepower and load factors for eachconstruction unit was obtained from theEPAs NonroadEngineandVehicleEmissionStudy-ReportandMedianLife,AnnualActivity,andLoadFactorValuesforNonroadEngineEmissionsModeling, and the CaterpillarPerformanceHandbook.

Emission factors were obtained fromthe EPAs NonroadEngineandVehicleEmissionStudy-Report.

The acreage that could be pavedwithout equaling or exceeding the deminimisthresholds for each applicablenonattainment or maintenance categorywas calculated and summarized in

Table III1. For instance, an airportlocated within an area designated assevere nonattainment for ozone, whichlimits net project emissions to an annualrate of 25 tons of NOX, is limited to acommercial vehicle staging area of about13 acres, or 561,584 square feet, whichresults in 2.35 tons of VOC emissions.Paving of approximately 137 acres isrequired to cause emissions of VOC ofnearly 25 tons, as established for asevere nonattainment area for ozone. Inorder to approach the 100 ton deminimisthresholds for other criteriapollutants, paving areas of

approximately 140 acres would berequired for CO, 556 acres for SO2, andmore than 595 acres for PM10. Therefore,NOX is the limiting pollutant for pavingprojects at airports and emissions ofVOC, CO, SO2, and PM10 areconsiderably less in comparison to NOX.

13.Low-EmissionTechnologyandAlternativeFuelVehicles

A growing number of airports areinterested in new technology andvehicle systems to reduce stationary andmobile emissions. Based on agency and


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airport low-emission programs over thepast several years, which provideextensive data and documentation toverify the emission reduction benefits ofnew low-emission technology, theseactivities are presumed to conform.

Activities that are presumed toconform include the replacement,substitution, or conversion of

conventional fuel vehicles (gasoline,diesel) to vehicles using alternative orclean conventional fuel technology.Qualified activities also encompassairport low-emission infrastructureimprovements and the use of refuelingor recharging stations needed to serviceairport low-emission vehicles.

All low-emission activities fundedthrough the FAA Voluntary Airport LowEmission Program (VALE) or that arerequired as part of environmentalmitigation are presumed to conform.47

The VALE program requires thatvehicles purchased under the program

meet specific low-emission standardsand that these vehicles and otherprogram equipment remain at theairport for their useful life.

14.AirTrafficControlActivitiesandAdoptingApproach,DepartureandEnrouteProceduresforAirOperations

The preamble to the GeneralConformity Rule48 states that:In order to illustrate and clarify that

the deminimislevels exempt certaintypes of Federal actions, several deminimisexemptions are listed in51.853(c)(2). There are too many Federalactions that are deminimisto

completely list in either the rule or thispreamble.

As an illustration of exempt actions,EPA states in the preamble that Airtraffic control activities and adoptingapproach, departure and enrouteprocedures for air operationsareamong other actions that are deminimis(preamble, p. 63229, I(2)) and should beexempt from the Rule. Because airtraffic control activities are cited in thepreamble but not in the Rule itself, theFAA believes that it is prudent todocument these activities as presumedto conform.

Air traffic control activities aredefined as actions that promote the safe,orderly, and expeditious flow of aircrafttraffic, including airport, approach,departure, and enroute air trafficcontrol. Airspace and air traffic actions(e.g., changes in routes, flight patterns,and arrival and departure procedures)are implemented to enhance safety andincrease the efficient use of airspace by

47FAA Order 5100.38C, Airport ImprovementProgram Handbook, June 2005, 580, 585.

4858 Fed. Reg. 63229 (Nov. 30, 1993).

reducing congestion, balancingcontroller workload, and improvingcoordination between controllershandling existing air traffic, amongother things.

Project-related aircraft emissionsreleased into the atmosphere above theinversion base for pollutantcontainment, commonly referred to as

the mixing height,(generally 3,000 ft.above ground level) do not have aneffect on pollution concentrations atground level.49 50 Therefore, air trafficcontrol actions above the mixing heightare presumed to conform.

In addition, the results of FAAresearch on mixing heights indicate thatchanges in air traffic procedures above1,500 ft. AGL and below the mixingheight would have little if any effect onemissions and ground concentrations.51

Such actions in the vicinity of theairport are tightly constrained byrunway alignment, safety, aircraft

performance, weather conditions,terrain, and vertical obstructions.52

Accordingly, air traffic actions belowthe mixing height are also presumed toconform when modifications to routesand procedures are designed to enhanceoperational efficiency (i.e., to reducedelay), increase fuel efficiency, orreduce community noise impacts bymeans of engine thrust reductions.Other air traffic procedures and systemenhancements that are presumed toconform include actions that have noeffect on air emissions or result in airquality improvements, such as gate hold

procedures which reduce queuing,idling, and flight delays.In FAAs experience, airport capacity

improvements result from market forcesin todays deregulated environment thatdetermine where airlines fly and howoften. These forces lead, for example, toairport planning and development ofnew runway or terminal projects, whichare large actions that are not presumedto conform and must be evaluatedfurther. Limited refinements to terminalair traffic procedures below the mixingheight typically reduce local emissionsas a result of improved efficiencies,

reduced ground delays, and noisemitigation.

49EPA Report, Procedures for Emission InventoryPreparation, Volume IV: Mobile Sources [420R92009], section 5.2.2., 1992.

50Realistic Mixing Depths for Above GroundAircraft Emissions, Journal of the Air PollutionControl Association, Vol. 25, No. 10, Howard M.Segal, Boeing, 1975.

51Report on Consideration of Air QualityImpacts by Airplane Operations At or Above 3,000feet AGL,FAAAEE0001, September 2000, p. 5.

52FAA Advisory Circulars No. 2513 and No. 9153A describe requirements that must be met whenusing reduced power for takeoff.

15.RoutineInstallationandOperationofAirportNavigationAids

Aviation navigation aids represent thefacilities and equipment used forcommunications, navigation, andsurveillance (CNS) systems.53 The useand maintenance of CNS systems isessential to safe air commerce and

national security.54

Airports arerequired to establish adequatemaintenance systems for navigationalaid facilities to the level of performanceachieved at original commission.55

Similar to the previous presumed toconform action for air traffic controlactivities, EPA states in the preamblethat routine installation and operationof aviation (and maritime) navigationaidsare below deminimisand should

be considered exempt actions.56

Because these activities are cited in thepreamble but not in the Rule itself, theFAA believes that it is prudent todocument these activities as presumedto conform.

The routine installation, in-kindreplacement, and maintenance ofnavigational aids (e.g., Air TrafficControl Towers (ATCT), InstrumentLanding Systems (ILS), Approach LightSystems (ALS)) are presumed toconform because these activities willnot generate emissions that exceed deminimislevels. Moreover, emissionsgenerated by construction equipmentand maintenance vehicles used totransport workers and equipment toCNS system sites are negligibleconsidering the temporary nature ofconstruction and maintenance activitiesand the limited number of vehiclesinvolved.

If the installation of new or upgradednavigational aids for improved safetyand efficiency also increases thecapacity of the airport or changes theoperational environment of the airport,these CNS activities are not presumed toconform.57

Also presumed to conform are CNSemergency or standby generatorspowered by natural gas or propane.These generators provide electric powerin case of primary power failure and are

operated intermittently, with anestimated total time of operation of lessthan 100 hours per year. Because of theinfrequent use and small size (135kilowatts or less) of the enginegenerators and the use of clean-burning

5314 CFR 171.1171.51.5414 CFR 169.1(a)5514 CFR Part 171.5658 FR 63229, I(6) (Nov. 30, 1993).57Consistent with FAA Order 1050.1E, Section

401 Actions Normally Requiring an EnvironmentalAssessment.


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fuels, the engine generators producenegligible air emissions.

IV. How To Apply Presumed ToConform Actions

The qualifying project categoriesdiscussed in the preceding section may

be referred to as the FAA presumed toconform list.The analysis for

presumed to conform actions isconsidered representative of the vastmajority of possible airport projectswithin each category. However, FAAemployees must consider theappropriateness of applying this list,particularly how the proposed projectcompares to the presumed to conformcategory of projects.58

As authorized under the CAA, the listprovides an additional way for the FAAto improve its environmental programmanagement while still ensuring thatagency air quality goals andrequirements are met. Use of the list

will reduce review times, eliminateunnecessary paperwork, clarifyanalytical requirements for all projectactions, and insure that the proper levelof documentation is applied in eachcase. Moreover, in some instances, thepresumed to conform list can provideanother method that the FAA can use todemonstrate conformity with anapplicable SIP.

As part of the process of developingthe list of actions presumed to conformunder 40 CFR 93.153(f), the FAA, inclose consultation with the EPA, hasexercised its discretion to establishseparate procedures.59 FAA establishedits own procedures for includingpresumed to conform actions in totalemissions in determining applicabilityand conformity to avoid segmentation ofprojects for conformity analysis whenemissions are reasonably foreseeable.When applying the presumed toconform list, the FAA determineswhether it is dealing with proposedpresumed to conform actions thatrepresent one or more single actionsor a combined action.The FAA alsodetermines whether the combinedaction involves multiple connectedpresumed to conform actions or

presumed to conform actions that are

58The list must be used carefully because[w]here an action otherwise presumed to conformunder paragraph (f) of this section * * * does notin fact meet one of the criteria in paragraph (g)(1)of this section, that action shall not be presumedto conform and the requirements of 93.150 and93. 155 through 93.160 shall apply for theFederal action.See 40 CFR 93.153(j).

59 It is a fair inference from EPAs April 9, 2007letter to FAA that the EPA interprets 40 CFR93.153(f) to permit the FAA to define total directand indirect emissions to include presumed toconform actions in certain circumstances,notwithstanding 40 CFR 93.152.

part of a larger project being evaluatedunder the environmental reviewrequirements of the NationalEnvironmental Policy Act (NEPA).Below is a description of the differentactions and procedures.SingleAction.A single action is

defined as a presumed to conformaction that is not connected or

dependent on other actions and whichis determined to have independentutility.60 For such actions, no generalconformity evaluation or applicabilityanalysis is required and agency officialsmay simply document that the projectaction is considered presumed toconform on the basis of this Notice andthe applicable project category.

Using the analysis and documentationfor this Notice meets a major intent ofpresumed to conformnamely toreduce the analysis burden for actionsthat have little or no direct or indirectemissions. By analyzing each projectcategory in the presumed to conform listand reporting the findings in thepreceding section, the FAA has shownthat the resulting emissions from eachpresumed to conform action wouldtypically be below the applicable deminimisthresholds.CombinedAction.A combined action

is defined as either: (1) Multiplepresumed to conform actions that areconnected to each other; or (2) one ormore presumed to conform actions thatare connected to one or more non-presumed to conform actions beingevaluated under the environmentalreview requirements of NEPA (e.g., EA

or EIS). The Council on EnvironmentalQuality defines connected actionsasactions that are closely relatedinvolving, for example, interdependentparts of a larger action, dependence ona larger action for justification, ordependence on other actions takenpreviously or simultaneously.61

Where there is a combined action,then only one action specified on thepresumed to conform list may beexcluded in calculating total direct andindirect emissions. The emissions fromall the other actions that are nototherwise exempt must be calculated todetermine that total emissions from theremaining actions.62 For example, theFAA may undertake a project withseveral connected actions that must beanalyzed under NEPA. Several of thoseactions may individually be listed onthe presumed to conform list becausethose actions taken alone would

6040 CFR 1506.1(c)(1) and 1508.25(a), Council onEnvironmental Quality, Regulations forImplementing the Procedural Provisions of NEPA.

6140 CFR 1508.25(1).62An allowance to this provision is discussed in

the following paragraph.

typically have emissions below deminimislevels. To determine whethersuch a project requires a conformitydetermination, FAA excludes onepresumed to conform action and thenprepares an applicability analysis forthe remaining actions. In other words,FAA determines whether the emissionsfrom the combination of actions, less

one presumed to conform action, equalsor exceed deminimislevels or assists indemonstrating conformity.

FAA procedures for combined actionspermit FAA to exclude the emissionsfrom one presumed to conform actionand to prepare an applicability analysis,and a conformity determination ifnecessary, based upon the total directand indirect emissions of the actionsthat are not otherwise exempt.63 Thus,in a combined action, the emissionsfrom one presumed to conform actionmay be excluded from the calculation oftotal project emissions. The process

could show that either the combinedaction (minus the one excludedpresumed to conform action) wouldequal or exceed deminimisthresholdsand thus trigger a conformitydetermination, or that the combinedaction (minus the one excludedpresumed to conform action) is belowdeminimisthresholds with no furtheraction required. Consequently, theallowance to exclude one presumed toconform action could make a differenceas to whether a conformitydetermination is needed or whetherconformity is demonstrated. FAAofficials have the authority and

responsibility to decide whichpresumed to conform action is excludedif more than one is present in acombined action.64

The FAA has determined as a matterof policy to implement the presumed toconform list with respect to combinedactions by balancing considerationsabout project segmentation 65,connected actions under NEPA 66, andthe permitted exclusion of emissionsattributable to presumed to conformactions under the Rule. With regard to

63Emissions from exempt actions are excluded inaccordance with 40 CFR 93.152.

64Requirements and allowances for combinedactions are based on interagency communicationswith EPA.

65 In the preamble to the General ConformityRule, EPA decided not to adopt its initial proposalto permit Federal agencies to use the NEPA conceptof tiering and analyze actions in a staged mannerin conducting conformity analyses. EPA explained,among other things: [T]iering could cause thesegmentation of projects for conformity analysis,which might provide an overall inaccurate estimateof emissions. The segmentation of projects forconformity analyses when emissions are reasonablyforeseeable is not permitted by this rule.(58 FR63240).

6640 CFR 1508.7.


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the latter, the Rule states in 93.152under Definitions: The portion ofemissions which are exempt orpresumed to conform under Section93.153(c), (d), (e), or (f) are not includedin the total of direct and indirectemissions.Likewise, as stated in thepreamble (58 FR 63233): The final rulerequires the inclusion of the total direct

and indirect emissions in theapplicability and conformitydeterminations, except the portion ofemissions which are exempt orpresumed to conform* * * 67 TheFAA applies this definition to excludeemissions for single and multiplepresumed to conform actions that arenot connected to one another. FAAprocedures for combined actions offer areasonable approach by placing a moreconservative limit on the permittedexclusion of presumed to conformemissions than 40 CFR 93.152.Documentation.Documentation

requirements for combined actions aregreater typically than for single actions.On some combined actions, the FAArequires that presumed to conformactions be analyzed and documented bymeans of an emissions inventory usingthe FAA EDMS model and relatedprocedures.68 This standard modelingmethodology is project-specific andmore refined than the quantification ofemissions in this Notice and thereforeoffers greater confirmation in somecases that the applicable emissions willnot equal or exceed the deminimisthresholds.

Specifically, standard modelingmethodology must be used if the projectincludes: (1) One or more presumed toconform actions that are connected tonon-presumed to conform actions whichare being evaluated under theenvironmental review requirements ofNEPA; or (2) two or more presumed toconform actions are involved which arenot supported by additionalquantification in the Notice (see below).In these cases, each presumed toconform action must be modeled andinventoried in the same manner and tothe same extent as non-presumed toconform actions. Moreover, presumed to

67EPA gives as an example a Federal action thatincludes construction of a new industrial boilerproject, that is exempt, and a separate officebuilding. The emissions from the hypotheticalboiler exceed de minimis levels however it isexempt and so the emissions are excluded. Theemissions from the office building alone are belowde minimis levels. As a result, the action as a wholedoes not need a conformity determination. (58 Fed.Reg. 63233).

68The primary source of agency air qualityprocedures and analysis requirements is the FAAAir Quality Handbook entitled AirQualityProceduresforCivilianAirportsandAirForceBases, FAA and USAF, April 1997.

conform actions must be listed as aseparate line item in the emissionsinventory and clearly explained andpresented in all related studydocumentation.

Consistent with the goal of reducingthe analysis burden for presumed toconform actions, the Notice may be usedin some instances to document

presumed to conform actions in lieu ofthe standard modeling methodology.Specifically, the Notice may be used ifthe project is a single action or if it islimited to multiple presumed toconform actions that are supported inthe Notice by additional quantification.Presumed to conform actions orcategories with additional quantification(e.g., data tables) are: Pavementmarkings; pavement monitoringsystems; non-runway pavement work;lighting systems; terminal andconcourse upgrades; new HVACsystems, upgrades, and expansions;

airport signage; commercial vehiclestaging areas; and low-emissiontechnology and alternative fuelvehicles.69 Also, the Notice may be usedif all but one of the projects multiplepresumed to conform actions aresupported by additional quantificationand the FAA excludes, as allowed, theemissions from the one presumed toconform action that is not supported byadditional quantification.

Regional Significance

FAA employees must also reflect thatthey have considered potential regionalsignificance, that is, whether the total

direct and indirect emissions of thepollutants from each presumed toconform action represent 10 percent ormore of a nonattainment or maintenanceareas total emissions of that pollutantunder 40 CFR 93.153(i).70 If projectemissions are regionally significant onthis basis, the FAA would be requiredto prepare a conformity analysis anddetermination for a presumed toconform Federal action.

As the FAA indicated in its DraftNotice, strong evidence indicates thatpresumed to conform actions are notlikely to be regionally significant.71

69Documentation for low-emission technologyand alternative fuel vehicles may be based on thefindings of the FAA VALE program and itspreceding pilot program (ILEAV).

70This section provides that actions specified byindividual federal agencies that have met applicablecriteria and procedures are presumed to conformexcept as provided in paragraph (j) of thissection.Paragraph (j) states: Where an actionotherwise presumed to conform under paragraph (f)of this section is a regionally significant action* * * that action shall not be presumed to conformand the requirements [for a conformity analysis anddetermination] shall apply for the Federal action.

71The FAA AirQualityHandbookstates that anairport project that is presumed to conform is

However, the FAA has decided to deferaction on this aspect of its Draft Notice

based upon consultation with the EPA.

Issued in Washington, DC on July 24, 2007.

Charles R. Everett, Jr.,

Manager,PlanningandEnvironmentalDivision,OfficeoftheAssociateAdministratorforAirports.

[FR Doc. 073695 Filed 7

25

07; 12:19 pm]


DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA200728797]

Agency Information CollectionActivities: Notice of Request forReinstatement of a PreviouslyApproved Collection for WhichApproval Has Expired

AGENCY: Federal Highway

Administration (FHWA), DOT.ACTION: Notice and request forcomments.

SUMMARY: The FHWA has forwarded theinformation collection request describedin this notice to the Office ofManagement and Budget (OMB) forapproval of a reinstatement of apreviously approved collection forwhich approval has expired. Wepublished a Federal Register Noticewith a 60-day public comment periodon this information collection on May11, 2007. We are required to publishthis notice in the Federal Registerbythe Paperwork Reduction Act of 1995.DATES: Please submit comments byAugust 29, 2007.ADDRESSES: You may send commentswithin 30 days to the Office ofInformation and Regulatory Affairs,Office of Management and Budget, 72517th Street, NW., Washington, DC20503, Attention DOT Desk Officer. Youare asked to comment on any aspect ofthis information collection, including:(1) Whether the proposed collection isnecessary for the FHWAs performance;(2) the accuracy of the estimated

burden; (3) ways for the FHWA toenhance the quality, usefulness, andclarity of the collected information; and(4) ways that the burden could beminimized, including the use of

unlikely to have emission levels that are regionallysignificant (AirQualityProceduresforCivilianAirportsandAirForceBases,FAA and USAF,April 1997). This is because, based on the highestdeminimisthreshold level (100 tons per year), inorder for an actions net emissions to represent 10percent or more of a maintenance or nonattainmentareas total emissions of a particular pollutant, theareas total emissions inventory for any pollutantmust be less than 1,000 tons, which is unlikely.

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Environmental 72fr41576