§ 433.7 - Environmental.

§ 433.7 Environmental.

Cross Reference

Link to an amendment published at 85 FR 79717, Dec. 10, 2020.

Cross Reference

Link to an extension of the above amendment published at 86 FR 13448, Mar. 9, 2021.

An applicant shall provide the FAA with information for the FAA to analyze the environmental impacts associated with proposed operation of a reentry site. The information provided by an applicant must be sufficient to enable the FAA to comply with the requirements of the National Environmental Policy Act, 42 U.S.C. 4321 et seq. (NEPA),

(a) General. The FAA is responsible for complying with the procedures and policies of the National Environmental Policy Act (NEPA) and other applicable environmental laws, regulations, and Executive Orders prior to issuing a reentry site license. An applicant must provide the FAA with information needed to comply with such requirements. The FAA will consider and document the potential environmental effects associated with issuing a license for a reentry site.

(b) Environmental impact statement or environmental assessment. When directed by the FAA, an applicant must -

(1) Prepare an Environmental Assessment with FAA oversight;

(2) Assume financial responsibility for preparation of an Environmental Impact Statement by an FAA-selected and -managed consultant contractor; or

(3) Submit information to support a written re-evaluation of a previously submitted Environmental Assessment or Environmental Impact Statement.

(c) Categorical exclusion. The FAA may determine that a categorical exclusion is appropriate upon receipt of supporting information from an applicant.

(d) Environmental information. An application must include an approved FAA Environmental Assessment, Environmental Impact Statement, categorical exclusion determination, or written re-evaluation covering all planned licensed activities in compliance with NEPA and the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA

, 40 CFR Parts 1500-1508, and the FAA's Procedures for Consideration Environmental Impacts, FAA Order 1050.1D.

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[Doc. No. FAA-2019-0229, Amdt. 433-3, 85 FR 79717, Dec. 10, 2020]