Adoption of Categorical Exclusion Under the National Environmental Policy Act

Issuing agencies

Abstract

The Federal Aviation Administration (FAA) has identified a categorical exclusion (CATEX) established by the Department of the Air Force (DAF) that it intends to adopt and describes the categories of proposed actions for which the FAA intends to use this CATEX. The FAA has consulted with the DAF, as described herein, and obtained concurrence on FAA's use of this CATEX.

Full Text

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<title>Federal Register, Volume 91 Issue 162 (Monday, August 24, 2026)</title>
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[Federal Register Volume 91, Number 162 (Monday, August 24, 2026)]
[Notices]
[Pages 54783-54784]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17212]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Adoption of Categorical Exclusion Under the National 
Environmental Policy Act

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of adoption of categorical exclusion.

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SUMMARY: The Federal Aviation Administration (FAA) has identified a 
categorical exclusion (CATEX) established by the Department of the Air 
Force (DAF) that it intends to adopt and describes the categories of 
proposed actions for which the FAA intends to use this CATEX. The FAA 
has consulted with the DAF, as described herein, and obtained 
concurrence on FAA's use of this CATEX.

DATES: The CATEX identified in the SUPPLEMENTARY INFORMATION section is 
available for FAA use effective immediately.

FOR FURTHER INFORMATION CONTACT: Ms. Judith Walker, Office of 
Environment and Energy (AEE-400). Mailing address: Federal Aviation 
Administration, 800 Independence Ave. SW, Washington, DC 20591. Email 
address <a href="/cdn-cgi/l/email-protection#9ed0dbcedfdef8ffffb0f9f1e8"><span class="__cf_email__" data-cfemail="efa1aabfaeaf898e8ec1888099">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    Congress enacted the National Environmental Policy Act, 42 U.S.C. 
4321-4347 (NEPA) to encourage productive and enjoyable harmony between 
humans and the environment, recognizing the profound impact of human 
activity and the critical importance of restoring and maintaining 
environmental quality to the overall welfare of humankind. (42 U.S.C. 
4321, 4331). NEPA seeks to ensure that agencies consider the 
environmental effects of their proposed major actions in their 
decision-making processes.
    To comply with NEPA, agencies determine the appropriate level of 
review of any major federal action--an environmental impact statement 
(EIS), environmental assessment (EA), or categorical exclusion (CATEX) 
(42 U.S.C. 4336). If a proposed action is likely to have significant 
environmental effects, the agency must prepare an EIS and document its 
decision in a record of decision (42 U.S.C. 4336). If the proposed 
action is not likely to have significant environmental effects or the 
effects are unknown, the agency may instead prepare an EA, which 
involves a more concise analysis and process than an EIS (42 U.S.C. 
4336). Following the EA, the agency may conclude that the action will 
have no significant effects and document that conclusion in a finding 
of no significant impact. If the analysis concludes that the action is 
likely to have significant effects, then an EIS is required.
    Pursuant to NEPA, a Federal agency can also establish CATEXs--
categories of actions that the agency has determined normally do not 
significantly affect the quality of the human environment--in their 
agency NEPA procedures (42 U.S.C. 4336e(1)). If an agency determines 
that a CATEX covers a proposed action, it then evaluates the proposed 
action for extraordinary circumstances in which a normally excluded 
action may have a significant effect. If no extraordinary circumstances 
are present, the agency may apply the CATEX to the proposed action 
without preparing an EA or EIS (42 U.S.C. 4336(a)(2)). FAA considers 
extraordinary circumstances pursuant to FAA Order 1050.1G, Federal 
Aviation Administration National Environmental Policy Act Implementing 
Procedures, dated June 30, 2025, Appendix B, Extraordinary 
Circumstances and Categorical Exclusion. If an extraordinary 
circumstance exists, the agency nevertheless may apply the categorical 
exclusion if the agency conducts an analysis and determines that the 
proposed action does not in fact have the potential to result in 
significant effects notwithstanding the extraordinary circumstance, or 
the agency modifies the proposed action to

[[Page 54784]]

avoid or otherwise mitigate potential significant effects.

I.A. Process of Establishing a CATEX

    Federal agencies may establish a category of CATEX via one of two 
methods--establishing an original CATEX under the CEQ's guidance, 
Memorandum for Heads of Federal Departments and Agencies, April 9, 
2026. Subject: Establishing, Revising, Adopting, and Applying 
Categorical Exclusions Under the National Environmental Policy Act, or 
via adopting a CATEX from another Federal agency.
    Section 109 of NEPA, enacted as part of the Fiscal Responsibility 
Act of 2023, allows a Federal agency to adopt another Federal agency's 
CATEX (42 U.S.C. 4336c). To use another agency's CATEXs under section 
109, the adopting agency must identify the relevant CATEX listed in the 
establishing agency's NEPA procedures that covers the adopting agency's 
category of proposed actions or related actions; consult with the 
establishing agency to ensure that the proposed adoption of the CATEX 
is appropriate for the category of actions; identify to the public the 
CATEX that the adopting agency plans to use for its proposed actions; 
and document adoption of the CATEX (42 U.S.C. 4336c); (FAA Order 
1050.1G, Section 1.4(d) Adopting CATEX's from other Federal agencies). 
This Federal Register notice announces the FAA's decision to adopt the 
below identified CATEX from DAF, as well as the extraordinary 
circumstances list established by DAF when originally creating the 
CATEX.

II. DAF Categorical Exclusion

    FAA is adopting a CATEX established by the DAF and listed in the 
Department of War NEPA Procedures Appendix A, Supersonic flying 
operations over land and above 30,000 feet MSL, or over water and above 
10,000 feet MSL and more than 15 nautical miles from land. Department 
of War National Environmental Policy Act Implementing Procedures, 
Appendix A, II Department of the Air Force, DoW A116-34. April 30, 
2026.

III. FAA's Use of Adopted CATEX

    FAA expects to use the above identified CATEX to approve Special 
Flight Authorization (SFA) applications for supersonic flight testing 
that are overland and above 30,000 feet MSL or over water, above 10,000 
feet MSL, and more than 15 nautical miles from land. DAF currently 
utilizes the following approved supersonic corridors: Edwards Air Force 
Base, California; Bell X-1 High Altitude Supersonic Corridors; Black 
Mountain High Altitude Supersonic Corridors; PIRA Supersonic Corridor; 
Eglin Air Force Base, Florida; Overland R-2914A to R-2915A (Test Area 
B-70). The categories of actions described herein are activities which 
are within the scope of the establishing agency's (DAF's) CATEX. FAA 
may also expand the use of the CATEX identified in Section II to 
activities other than SFA applications that are within the parameters 
of the establishing agency's CATEX where appropriate and would consult 
with the establishing agency, as needed. The CATEX the FAA is adopting 
from DAF reads: ``Supersonic flying operations over land and above 
30,000 feet MSL, or over water and above 10,000 feet MSL and more than 
15 nautical miles from land''. The FAA adopts CATEX DoW A116-34 from 
DAF consistent with all substantive and procedural limitations applied 
by DAF. This adoption, consistent with DAF procedures, requires that 
application of the CATEX to a specific federal action be done via 
documented CATEX in certain circumstances. Therefore, when DAF's CATEX 
requires documentation to apply the CATEX, the FAA Environmental 
Protection Specialist (EPS) shall comply with the requirements detailed 
in FAA Order 1050.1G, Sec.  1.4(f)(3), Documentation of CATEX 
determinations.

IV. Consideration of Extraordinary Circumstances

    The FAA has NEPA implementing procedures to guide its analysis of 
extraordinary circumstances. Further, FAA will apply DAF's 
extraordinary circumstances, located in part 1.4(d) of the department's 
NEPA implementing procedures, Department of War National Environmental 
Policy Act Implementing Procedures, and any subsequent revisions 
thereto, if different from the FAA's. If an extraordinary circumstance 
is present, the FAA will determine whether it is possible to avoid 
significant effects. The FAA EPS must document application of any 
mitigations consistent with FAA Order 1050.1G. If FAA cannot apply a 
CATEX to a particular proposed action due to extraordinary 
circumstances, FAA will prepare an EA or EIS, consistent with FAA NEPA 
Implementing Procedures dated 30 June 2025.

V. Consultation With Establishing Agency and Determination of 
Appropriateness

    FAA consulted with DAF between 3 December 2025 and 29 June 2026. 
During the consultation, the agencies discussed whether the category of 
FAA proposed actions would be appropriately covered by the CATEX 
identified above; the extraordinary circumstances that FAA should 
consider before applying the CATEX to FAA's proposed actions; the 
requirement to evaluate, before using the above listed DAF CATEX, the 
integral elements of the CATEX's availability for use as defined in 
DAF's NEPA procedures (identified in Section II above); and what 
documentation FAA should complete when applying the CATEX. The agencies 
also considered past use of the CATEX by the DAF, including how often 
these agencies modified a proposed action or prepared an EA or EIS for 
a proposed action otherwise covered by the CATEX. At the conclusion of 
that process, the agencies determined that FAA's proposed use of the 
CATEX as described in this notice is appropriate.

VI. Conclusion

    This notice documents adoption of the CATEX listed in Section II in 
accordance with 42 U.S.C. 4336c(4), and is available for use by FAA, 
effective immediately.

    Issued in Washington, DC, on August 19, 2026.
Julie Marks,
Executive Director, Federal Aviation Administration--Office of 
Environment and Energy.
[FR Doc. 2026-17212 Filed 8-21-26; 8:45 am]
BILLING CODE 4916-13-P


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