Notice2025-12362
Notice of Rescission of FAA Order 1050.1F, Availability of FAA Order 1050.1G, Request for Comments
Primary source
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Published
July 3, 2025
Effective
July 3, 2025
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The Federal Aviation Administration (FAA) is rescinding FAA Order 1050.1F, Environmental Impacts: Policies and Procedures in light of Executive Order 14154, Unleashing American Energy. The FAA is issuing new streamlined National Environmental Policy Act (NEPA) procedures, FAA NEPA Order 1050.1G, to align with amendments to the NEPA, 42 U.S.C. 4321 et seq., and to reflect the February 25, 2025 Interim Final Rule issued by the Council on Environmental Quality (CEQ) rescinding its regulations implementing NEPA. The new procedures maintain environmental amenities and protection and reduce regulatory delays that may impede aviation safety improvements and infrastructure development as well as integration of new entrant technologies. The Order is immediately effective upon publication and applies to all FAA actions that require environmental review and commence on or after the publication of this Notice. This Order does not apply to or alter any decisions made or final environmental documents issued prior to the effective date of this Order. Order 1050.1G promotes collaboration and efficiencies in the implementation of NEPA and modernizes the procedures for environmental reviews. This update is intended to provide clear, consistent, and simplified guidance for complying with the amended directives set forth in NEPA, and to the extent applicable, CEQ guidance that remains valid following the rescission of CEQ's NEPA implementing regulations. The FAA is providing an opportunity for public review and comment of this Order, which will inform future revisions.
Full Text
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<title>Federal Register, Volume 90 Issue 126 (Thursday, July 3, 2025)</title>
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[Federal Register Volume 90, Number 126 (Thursday, July 3, 2025)]
[Notices]
[Pages 29615-29617]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12362]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA-2025-1571]
Notice of Rescission of FAA Order 1050.1F, Availability of FAA
Order 1050.1G, Request for Comments
AGENCY: Department of Transportation, Federal Aviation Administration.
ACTION: Notice.
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SUMMARY: The Federal Aviation Administration (FAA) is rescinding FAA
Order 1050.1F, Environmental Impacts: Policies and Procedures in light
of Executive Order 14154, Unleashing American Energy. The FAA is
issuing new streamlined National Environmental Policy Act (NEPA)
procedures, FAA NEPA Order 1050.1G, to align with amendments to the
NEPA, 42 U.S.C. 4321 et seq., and to reflect the February 25, 2025
Interim Final Rule issued by the Council on Environmental Quality (CEQ)
rescinding its regulations implementing NEPA. The new procedures
maintain environmental amenities and protection and reduce regulatory
delays that may impede aviation safety improvements and infrastructure
development as well as integration of new entrant technologies. The
Order is immediately effective upon publication and applies to all FAA
actions that require environmental review and commence on or after the
publication of this Notice. This Order does not apply to or alter any
decisions made or final environmental documents issued prior to the
effective date of this Order. Order 1050.1G promotes collaboration and
efficiencies in the implementation of NEPA and modernizes the
procedures for environmental reviews. This update is intended to
provide clear, consistent, and simplified guidance for complying with
the amended directives set forth in NEPA, and to the extent applicable,
CEQ guidance that remains valid following the rescission of CEQ's NEPA
implementing regulations. The FAA is providing an opportunity for
public review and comment of this Order, which will inform future
revisions.
DATES: This rescission notice and the Order are immediately effective
upon publication in the Federal Register July 3, 2025. Comments on the
Order must be received not later than August 4, 2025.
This order is available at <a href="http://www.regulations.gov">www.regulations.gov</a> under Docket No.
FAA-2025-1571.
ADDRESSES: The FAA has established a docket for this action at
<a href="http://www.regulations.gov">www.regulations.gov</a> under docket number FAA-2025-1571. You must submit
comments, identified by Docket No. FAA-2025-1571. Comments will be
posted without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal
information provided.
FOR FURTHER INFORMATION CONTACT: Judith Walker, Environmental
Protection Specialist, 202-267-4185, <a href="/cdn-cgi/l/email-protection#1d776879746975336a7c7176786f5d7b7c7c337a726b"><span class="__cf_email__" data-cfemail="84eef1e0edf0ecaaf3e5e8efe1f6c4e2e5e5aae3ebf2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Introduction
A. Statutory Authority
The National Environmental Policy Act, as amended, 42 U.S.C. 4321
et seq. (NEPA), requires all Federal agencies, in consultation with the
Council on Environmental Quality (CEQ), to ``identify and develop
methods and procedures . . . [t]o ensure that presently unquantified
environmental amenities and values may be given appropriate
consideration in decisionmaking along with economic and technical
considerations.'' 42 U.S.C. 4332(B). Further, where compliance with
NEPA would not be ``inconsistent with other statutory requirements,''
NEPA directs all Federal agencies to develop ``proposals for . . .
major Federal actions significantly affecting the quality of the human
environment'' by developing a ``detailed statement'' which, among other
things, analyzes the ``reasonably foreseeable environmental effects''
and ``reasonable range of alternatives'' to the proposal. 42 U.S.C.
4332(2)(C). The CEQ has previously issued regulations at 40 CFR parts
1500-1508 (CEQ regulations) implementing NEPA that were binding on
Federal agencies. On February 25, 2025, CEQ issued an interim final
rule to remove the existing implementing regulations consistent with
Executive Order (E.O.) 14154, Unleashing American Energy. That rule
became effective on April 11, 2025. See Removal of Environmental Policy
Act Implementing Regulations, (90 FR 10610; Feb. 25, 2025). This action
was necessitated by and consistent with Executive Order (E.O.) 14154,
Unleashing American Energy (90 FR 8353; January 29, 2025), in which
President Trump rescinded President Carter's E.O. 11991, Relating to
Protection and Enhancement of Environmental Quality (42 FR 26967; May
24, 1977), which was the basis CEQ had invoked for its authority to
make rules to begin with. The FAA's NEPA implementing procedures, which
were a supplement to those CEQ regulations, thus stand in obvious need
of fundamental revision. President Trump in E.O. 14154 further directed
agencies
[[Page 29616]]
to revise their NEPA implementing procedures consistent with the E.O.,
including its direction to CEQ to rescind its regulations.
In addition, Congress recently amended NEPA in significant part, in
the Fiscal Responsibility Act of 2023 (FRA), Public Law 118-5, signed
on June 3, 2023, in which Congress added substantial detail and
direction in Title I of NEPA, including in particular on procedural
issues that CEQ and individual agencies had previously addressed in
their own procedures. The FAA recognized the need to update its
regulations in light of these significant legislative changes. Since
the FAA's regulations were originally designed as a supplement to CEQ's
NEPA regulations, the FAA had been awaiting CEQ action before revising
its regulations, consistent with CEQ direction. See 40 CFR 1507.3(b)
(2024); see also 86 FR 34154 (June 29, 2021). However, with CEQ's
regulations now rescinded, and with the FAA's NEPA implementing
procedures still unmodified more than two years after this significant
legislative overhaul, it is exigent that the FAA move quickly to
conform its procedures to the statute as amended.
Finally, the Supreme Court on May 29, 2025 issued a landmark
decision, Seven County Infrastructure Coalition v. Eagle County,
Colorado (``Seven County''), No. 23-975, 605 U.S., 2025 WL 1520964
(2025), in which it decried the ``transform[ation]'' of NEPA from its
roots as ``a modest procedural requirement,'' into a significant
``substantive roadblock'' that ``paralyze[s]'' ``agency
decisionmaking.'' Id. at *3, *8 (quotations omitted). The Supreme Court
explained that part of that problem had been caused by decisions of
lower courts, which it rejected, issuing a ``course correction''
mandating that courts give ``substantial deference'' to reasonable
agency conclusions underlying its NEPA process. Id. at *9, *8. But the
Court also acknowledged, and through its course correction sought to
address, the effect on ``litigation-averse agencies'' which, in light
of judicial micromanagement, had been ``tak[ing] ever more time and to
prepare ever longer EISs for future projects.'' Id. at *8. The FAA,
thus, is issuing FAA Order 1050.1G on an interim final basis, to align
its actions with the Supreme Court's decision and streamline its
process of ensuring reasonable NEPA decisions. This revision has thus
been called for, authorized, and directed by all three branches of
government at the highest possible levels.
The FAA has accordingly reviewed its current implementing Order
1050.1F and has developed Order 1050.1G in consultation with CEQ. This
action thus fulfills President Trump's directive in E.O. 14154 for each
agency to, in consultation with the CEQ, revise its agency-level NEPA
implementing procedures in light of the Fiscal Responsibility Act. 90
FR at 8355. This Order is effective immediately upon publication in the
Federal Register; however, the FAA is providing an opportunity for
public review and comment of this Order which may inform its future
revisions.
B. Background
NEPA establishes a national environmental policy of the federal
government to use all practicable means and measures to foster and
promote the general welfare, create and maintain conditions under which
man and nature can exist in productive harmony, and fulfill the social,
economic, and other requirements of present and future generations of
Americans. NEPA Section 101, 42 U.S.C. 4331(a). NEPA Section 102(2)
requires Federal agencies to prepare detailed environmental statements
on major Federal actions significantly affecting the quality of the
human environment. 42 U.S.C. 4332(2)(C).
E.O. 14154, Unleashing American Energy, directed the Council on
Environmental Quality to rescind its regulations implementing NEPA 42
U.S.C. 4321 et seq., as amended, not later than 30 days of the date of
issue of the E.O. The E.O. directed federal agencies to review and
revise their NEPA procedures to align with the requirements of NEPA, as
amended by the Fiscal Responsibility Act of 2023 (Pub. L. 118-5), and
to comport with the policy of the Trump Administration by ``expediting
permitting approvals,'' ``meeting deadlines established in the Fiscal
Responsibility Act,'' ``prioritize[ing] efficiency and certainty'' and
otherwise seeking to minimize ``delays and ambiguity to the permitting
process.'' 90 FR at 8355.
In response, the CEQ issued an interim final rule rescinding its
regulations at 40 CFR parts 1500-1508 on February 25, 2025. That rule
became effective on April 11, 2025. This action eliminated the binding
government-wide NEPA regulations and placed the responsibility for
implementing NEPA on agencies acting under the statute, their agency
statutes, and applicable judicial interpretations. In fulfilling these
responsibilities, agencies remain obligated to consult with CEQ prior
to issuing their NEPA-implementing procedures. See 42 U.S.C. 4322(B),
90 FR 8355.
The FAA is charged with promoting aviation safety, fostering air
commerce, and developing and managing the National Airspace System
(NAS). The agency's mandates require balancing environmental
considerations with the imperative to maintain and improve aviation
safety and efficiency. FAA is rescinding its existing NEPA implementing
policies and procedures as set forth in FAA Order 1050.1F,
Environmental Impacts, Policies and Procedures (2015) and adopting NEPA
procedures which will be referenced as FAA Order 1050.1G, FAA National
Environmental Policy Act Implementing Procedures.
C. Expected Impact of the Order
This Order revises the internal procedures of the FAA, promoting
consistent and timely implementation of NEPA. These policies and
procedures provide consistency, aid efficiency, reduce duplication, and
continue to promote agency practices on fostering informed decision-
making, rather than generating paperwork. The FAA expects that this
Order will reduce unnecessary delays. The FAA also expects the changes
to increase the availability and use of categorical exclusions, early
collaboration, and dispute resolution and coordination techniques as
well as to improve timely completion of the environmental review
process. Finally, the Order articulates the FAA's interpretations of
existing law and provides guidelines for agency procedure and practice
with respect to NEPA compliance. The Order does not in fact, nor does
it intend to, govern the rights and obligations of any party outside
the federal government. Further, nothing contained in the Order is
intended or should be construed to limit the FAA's other authorities or
legal responsibilities.
II. Summary of Revisions
Through this notice, the FAA is rescinding and revising its current
procedures, FAA Order 1050.1F, Environmental Impacts: Policies and
Procedures. This new Order, 1050.1G, comprehensively updates and
modernizes FAA Order 1050.1F to reflect current agency NEPA practice
consistent with E.O. 14154 and the Fiscal Responsibility Act of 2023
amendments to NEPA and is consistent with Department of Transportation
(DOT) Order 5610.1C, ``Procedures for Considering Environmental
Impacts'' (originally issued in 1979, 44 FR 56420 (Oct. 1, 1979), and
updated in 1982, 1985, and 2025), to the extent possible.
[[Page 29617]]
These reforms are intended to ensure that NEPA documents inform
and, to the extent appropriate, involve the public, focus on the
significant issues that require analysis, and foster informed
decisionmaking based on an understanding of the potential action's
environmental impacts.
The Order updates terminology for consistency with modern NEPA
practice and to align with the expanded set of definitions set forth in
amended NEPA at 42 U.S.C. 4336e. The FAA expanded the list of actions
that do not meet the revised ``major Federal action'' definition in
NEPA at 42 U.S.C. 4336e(10). See section 1.1.Because NEPA does not
explicitly address combining two or more categorical exclusions
(CATEXs) to satisfy NEPA obligations for a proposed action for which
there is no single applicable CATEX, FAA has considered the potential
risk to the environment and has determined that multiple CATEXs may be
applied to a single proposed action if there are no extraordinary
circumstances when examining the project in total. The process for
combining CATEXs is set forth at Section 1.2.
In the Order, at Appendix B, the FAA incorporates two statutory
presumptions of a categorical exclusion (CATEX) set forth in section
788 of the FAA Reauthorization Act of 2024. Due to the reorganization
of the Order, numerical references to the CATEXs have been changed. The
Order does not revise or otherwise modify any existing CATEXs.
The FAA has revised and clarified the methods by which it can
establish new or revise existing CATEXs in section 1.4. These methods
expand the options and improve efficiency of updating the Agency's NEPA
reviews for actions where a CATEX is warranted but prior procedures
made establishment of CATEXs unduly onerous.
The FAA has adopted the mechanisms to enforce statutory page and
time limits for environmental assessments (75 pages and 1 year) in
section 1.5 and environmental impact statements (150 pages and 2 years)
in sections 2.4 and 2.5.
The 2020 CEQ rule contained a provision creating agency obligations
to affirmatively declare certain specific information was true for each
agency NEPA document. The FAA has determined that a provision requiring
a limited number of declarations that differ from those that were
included in the 2020 rule is advisable and has set forth such
requirements in FAA Order 1050.1G at Sec. Sec. 1.5(e), 1.5(f), 2.4(e),
and 2.5(d). The terminology utilized by the CEQ in its 2020 rule with
respect to affirmative attestations was ``certifications;'' however, a
``certification'' is a term of art in FAA regulations. As a result, the
Order has instead identified ``declarations'' to replace the word
``certifications'' to avoid confusion between other agency regulatory
terminology and the affirmative attestation requirement of the FAA's
NEPA order.
The Order implements the narrowed scope of interagency coordination
with respect to participating agencies set forth in amended NEPA and
recognizes the benefits to the FAA, to regulated entities, and the
affected public as a result of early planning, integrated resource
conservation and permitting, as well as other mechanisms that inform
and can expedite a comprehensive environmental review.
The Order at Section 5 has been revised to provide certainty
regarding the use of environmental documents other than project-
specific environmental documents prepared directly by the FAA. Other
revisions include removing references to the rescinded CEQ regulations,
allowing reliance on previously prepared EISs, EAs, and CATEXs, setting
forth guidance and procedures for applicant-prepared environmental
documents, and setting forth procedures for the use of programmatic
environmental documents. The majority of these provisions are found in
Parts 3 and 5 of the Order.
Appendix A lists the existing FAA significance thresholds for FAA
actions, which were previously found at Chapter 4. The FAA significance
thresholds remain unchanged, with one minor exception to account for
changes in NEPA practice due to the Supreme Court's decision in Seven
County, No. 23-975, 605 U.S. __, 2025 WL 1520964 (2025).
Appendix B sets forth the existing FAA extraordinary circumstances
and CATEXs, which were previously set forth in Chapter 5. These remain
largely unchanged, except as noted in this Notice. In addition, FAA has
made minor edits to its list of extraordinary circumstances to remove
language that does not comport with the Supreme Court decision in Seven
Counties, No. 23-975, 605 U.S. __, 2025 WL 1520964 (2025).
Appendix C sets forth portions of the FAA requirements for
assessing impacts related to noise and noise-compatible land use.
This Order contains information applicable to all FAA lines of
business. While the Order has been significantly reorganized and
streamlined, most of the changes are either non-substantive or are
technical corrections to align the FAA NEPA procedures with the recent
significant changes to NEPA prescribed by Congress, instructions
provided by the President, and guidance provided by the Supreme Court.
Issued in Washington, DC, on June 30, 2025.
Julie Ann Marks,
Executive Director, Office of Environment and Energy, Federal Aviation
Administration.
[FR Doc. 2025-12362 Filed 7-1-25; 2:30 pm]
BILLING CODE P
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