[Federal Register: June 2, 2006 (Volume 71, Number 106)]
[Notices]
[Page 32075-32077]
[DOCID:fr02jn06-63]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-126-000]

Texas Gas Transmission, LLC; Notice of Intent To Prepare an
Environmental Assessment for the Proposed Texas Gas Storage Expansion
Project--Phase 2 and Request for Comments on Environmental Issues

May 25, 2006.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Texas Gas Storage Expansion
Project--Phase 2 involving construction and operation of facilities by
Texas Gas Transmission, LLC (Texas Gas) in Webster, Hopkins, and
Muhlenberg Counties, Kentucky.\1\ Texas Gas' project purpose is to
enable it to withdraw on a firm basis up to an additional 100,749 MMBtu
per day from the Midland and Hanson Gas Storage Fields. Also the
project would enable Texas Gas to utilize an additional 9,320,500 MMBtu
in the Midland Gas Storage Field to accommodate demand on Texas Gas'
system. In general these facilities would consist of 7 new horizontal
injection/withdrawal wells, abandoning 2 horizontal injection/
withdrawal wells, several segments of pipeline connecting the wells to
lateral pipelines and replacing several segments of pipeline, addition
of compression at 2 compressor stations, and increasing the
certificated field capacity at one of the storage fields. This EA will
be used by the Commission in its decision-making process to determine
whether the project is in the public convenience and necessity.
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    \1\ Texas Gas' application was filed with the Commission under
section 7 of the Natural Gas Act and part 157 of the Commission's
regulations.
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Summary of the Proposed Project

    Texas Gas proposes to add three compressor units at two existing
compressor stations (CS), add seven new horizontal injection/withdrawal
wells and related field piping modifications at two existing gas
storage fields, and abandon two existing injection/withdrawal wells all
in Kentucky. Also Texas Gas proposes an increase in certificated field
capacity at one gas storage field. Specifically, the project includes:
     Slaughters CS (Webster County, KY)--A new 13,338
horsepower (hp) turbine compressor unit and associated equipment, and a
new power generator to be installed at an existing compressor station
site;
     Hanson CS (Hopkins County, KY)--Two new 1,774 hp
reciprocating compressor units and associated equipment replacing two
existing reciprocating units, a new power generator, a dehydration
plant, and a new boiler to be installed at an existing compressor
station site;
     Hanson Gas Storage Field (Hopkins County, KY)--Two new
horizontal injection/withdrawal wells (Well Nos. 17567 and 17568); and
     Midland Gas Storage Field (Muhlenberg County, KY)--Five
new horizontal injection/withdrawal wells (Well Nos. 17562, 17563,
17564, 17565, and 17566), plugging existing Well Nos. 16774 and 16812,
new pig trap receiver/launcher facilities, and increased certificated
field capacity by 2,000,000 MMBtu by increasing the maximum allowable
field pressure.
    Also, Texas Gas indicates it would construct and operate, under a
Blanket Certificate from Docket No. CP82-407-000, the following
facilities at the Hanson and Midland Gas Storage Fields:
     Hanson Gas Storage Field--900 feet (ft) of new 8-inch (in)
diameter pipeline from Well No. 17567 to the 12-in East Header
pipeline, and 800 ft of new 8-in diameter pipeline from Well No. 17568
to the 8-in West Header pipeline.
     Midland Gas Storage Field--1,200 ft of new 8-in diameter
pipeline from Well No. 17562 to the E-11 lateral pipeline, 800 ft of
new 8-in diameter pipeline from Well No. 17563 to the E-7 lateral
pipeline, 1,000 ft of new 8-in diameter pipeline from Well No. 17564 to
the E-4 lateral pipeline, 200 ft of new 8-in diameter pipeline from
Well No. 17565 to the E-1 lateral pipeline, 500 ft of new 8-in diameter
pipeline from well No 17566 to the W-4 lateral pipeline, 1,600 ft of 6-
in diameter pipeline to replace the existing 4-in pipeline tributary to
existing Well No 16947, 1,500 ft of 6-in pipeline to replace the
existing 4-in and 6-in tributary pipeline segments extending from the
E-11 lateral pipeline to the E-7 lateral pipeline.

    The general location of the project facilities is shown in Appendix
1.\2\
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    \2\ The appendices referenced in this notice are not being
printed in the Federal Register. Copies of all appendices, other
than Appendix 1 (maps), are available on the Commission's Web site
at the ``eLibrary'' link or from the Commission's Public Reference
Room, 888 First Street, NE., Washington, DC 20426, or call (202)
502-8371. For instructions on connecting to eLibrary refer to the
Additional Information section of this notice. Copies of the
appendices were sent to all those receiving this notice in the mail.
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Land Requirements for Construction

    Construction of the proposed facilities would require about 113.39
acres of land. All work at the Slaughters and Hanson compressor
Stations would occur within the existing station yards. Of the 20.0
acres needed for construction at the Hanson Storage Field, 1.34 acres
would be maintained as new permanent easements and access road. Of the
39.45 acres needed for construction at the Midland Storage Field, 31.9
acres would occur within existing permanent easements and 2.75 acres
would become maintained as new permanent easements and access roads.

The EA Process

    NEPA requires the Commission to take into account the environmental
impacts that could result from an action whenever it considers the
issuance of a Certificate of Public Convenience and Necessity. NEPA
also requires us to discover and address concerns the public may have
about proposals. This process is referred to as ``scoping''. The main
goal of the scoping process is to focus the analysis in the EA on the
important environmental issues. By this Notice of Intent, the
Commission staff requests public comments on the scope of the issues to
address in the EA. All comments received are considered during the
preparation of the EA. State and local government representatives are
encouraged to notify their constituents of this proposed action and
encourage them to comment on their areas of concern.
    In the EA we \3\ will discuss impacts that could occur as a result
of the construction and operation of the proposed project under these
general headings:
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    \3\ ``We'', ``us'', and ``our'' refer to the environmental staff
of the Office of Energy Projects (OEP).
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     Geology and soils.
     Land use.
     Water resources, fisheries, and wetlands.
     Cultural resources.
     Vegetation and wildlife.
     Air quality and noise.
     Endangered and threatened species.
     Hazardous waste.
     Public safety.
    We will also evaluate possible alternatives to the proposed project
or portions of the project, and make recommendations on how to lessen
or avoid impacts on the various resource areas.
    Our independent analysis of the issues will be in the EA. Depending
on the comments received during the scoping process, the EA may be
published and mailed to Federal, State, and local agencies, public
interest groups, interested individuals, affected landowners,
newspapers, libraries, and the Commission's official service list for
this proceeding. A comment period will be allotted for review if the EA
is published. We will consider all comments on the EA before we make
our recommendations to the Commission.
    To ensure your comments are considered, please carefully follow the
instructions in the public participation section below.

Currently Identified Environmental Issues

    We have already identified air and noise impacts as issues that we
think deserve attention based on a preliminary review of the proposed
facilities and the environmental information provided by Texas Gas.
This preliminary list of issues may be changed based on your comments
and our analysis.

Public Participation

    You can make a difference by providing us with your specific
comments or concerns about the project. By becoming a commentor, your
concerns will be addressed in the EA and considered by the Commission.
You should focus on the potential environmental effects of the
proposal, alternatives to the proposal, and measures to avoid or lessen
environmental impact. The more specific your comments, the more useful
they will be. Please carefully follow these instructions to ensure that
your comments are received in time and properly recorded:
     Send an original and two copies of your letter to: Magalie
R. Salas, Secretary, Federal Energy Regulatory Commission, 888 First
St., NE., Room 1A, Washington, DC 20426.
     Label one copy of the comments for the attention of Gas
Branch 2.
     Reference Docket No. CP06-126-000.
     Mail your comments so that they will be received in
Washington, DC on or before June 23, 2006.
    Please note that we are continuing to experience delays in mail
deliveries from the U.S. Postal Service. As a result, we will include
all comments that we receive within a reasonable time frame in our
environmental analysis of this project. However, the Commission
strongly encourages electronic filing of any comments or interventions
or protests to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's Web site at http://www.ferc.gov under

the ``e-Filing'' link and the link to the User's Guide. Before you can
file comments you will need to create a free account which can be
created on-line.
    We may mail the EA for comment. If you are interested in receiving
it, please return the Information Request (Appendix 3). If you do not
return the Information Request, you will be taken off the mailing list.

Becoming an Intervenor

    In addition to involvement in the EA scoping process, you may want
to become an official party to the proceeding known as an
``intervenor''. Intervenors play a more formal role in the process.
Among other things, intervenors have the right to receive copies of
case-related Commission documents and filings by other intervenors.
Likewise, each intervenor must send one electronic copy (using the
Commission's eFiling system) or 14 paper copies of its filings to the
Secretary of the Commission and must send a copy of its filings to all
other parties on the Commission's service list for this proceeding. If
you want to become an intervenor you must file a motion to intervene
according to Rule 214 of the Commission's Rules of Practice and
Procedure (18 CFR 385.214) (see Appendix 2).\4\ Only intervenors have
the right to seek rehearing of the Commission's decision.
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    \4\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
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    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your environmental comments considered.

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet Web site (http://www.ferc.gov)

using the eLibrary link. Click on the eLibrary link, click on ``General
Search'' and enter the docket number excluding the last three digits in
the Docket Number field. Be sure you have selected an appropriate date
range. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,

contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the amount of time
you spend researching proceedings by automatically providing you with
notification of these filings, document summaries and direct links to
the documents. Go to http://www.ferc.gov/ esubscribenow.htm.

    Finally, public meetings or site visits will be posted on the
Commission's calendar located at http://www.ferc.gov/EventCalendar/

EventsList.aspx along with other related information.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-8523 Filed 6-1-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 33 (Wednesday, February 19, 2020)]
[Notices]
[Pages 9470-9471]
[FR Doc No: 2020-03220]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER20-682-000]

Thermo Cogeneration Partnership, L.P.; Supplemental Notice That
Initial Market-Based Rate Filing Includes Request for Blanket Section
204 Authorization

    This is a supplemental notice in the above-referenced Thermo
Cogeneration Partnership, L.P.'s application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is March 3, 2020.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC

Online service, please email<EMAIL_ADDRESS>or call (866)
208-3676 (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: February 12, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-03220 Filed 2-18-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)]
[Notices]
[Pages 17756-17758]
[FR Doc No: 2016-07165]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2015-2836]

Guidance on the Procedures and Process To Petition the Secretary
Under the Airport and Airway Improvement Act

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of final policy.

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SUMMARY: This final policy establishes the procedures and processes to
petition the Secretary under the Airport and Airway Improvement Act 49
U.S.C. 47106(c)(1)(A)(ii). The Federal Aviation Administration (FAA)
issued guidance on the procedures and process to petition the Secretary
under 49 U.S.C. 47106(c)(1)(A)(ii) in the Federal Register on August 4,
2015. This guidance is intended to provide detail and clarity about who
may petition the Secretary, when such a petition may be filed, how the
petition may be made, and the procedures and process to petition the
Secretary under this Section of the Airport and Airway Improvement Act.

DATES: Effective Date: The Guidance becomes effective immediately upon
publication in the Federal Register.

SUPPLEMENTARY INFORMATION: By Federal Register Notice issued on August
4, 2015 (80 FR 46380), the FAA notified the public of the issuance for
public comment of proposed Guidance on the Procedures and Process to
Petition the Secretary under the Airports and Airway Improvement Act.
FAA requested comments, suggestions and recommendations that would
assist the agency in assessing and understanding the potential effects
and implications of providing guidance on the procedures for and
process of the right to petition the Secretary under 49 U.S.C. Section
47106(c)(1)(A)(ii). The Notice called for public comments to be
received by FAA on or before October 5, 2015. No comments were received
by that date. Other than editorial changes and one minor clarification,
this final Guidance is identical to the proposed guidance.

I. Background

    In 1982, Congress enacted the Airport and Airway Improvement Act
(AAIA) (Pub. L. 97-248). Relevant portions of the AAIA are codified in
49 U.S.C. Chapter 471, Subchapter I, Airport Improvement. The AAIA,
among other items, established the current-day Airport Improvement
Program (AIP) that is administered by the FAA's Office of Airports.
Through the AIP, the FAA provides grants to public agencies--and, in
limited cases, to private airport owners and operators--for the
planning and development of public-use airports that are included in
the National Plan of Integrated Airport Systems (NPIAS). The current
AIP program built on earlier grant programs that are funded through a
variety of user fees and fuel taxes. For more information on the
history of the AIP and predecessor grant programs, see http://www.faa.gov/airports/aip/.
    The AAIA also provides certain prerequisites and conditions that an
airport sponsor must meet in order to be eligible for consideration of
AIP funding. In 1992, Congress amended various provisions of the AAIA
with the Airport and Airway Safety, Capacity, Noise Improvement, and
Intermodal Transportation Act, Public Law 102-581. Section 113(b),
Public Access and Participation with Respect to Airport

Projects, amended Section 509(b)(6)(A) of the AAIA (49 U.S.C.
47106(c)(1)(A)) by inserting the following:

    (ii) the sponsor of the project certifies to the Secretary that
the airport management board either has voting representation from
the communities where the project is located or has advised the
communities that they have the right to petition the Secretary
concerning a proposed project.

    The Secretary of the U.S. Department of Transportation has
delegated the responsibility to respond to a petition under Section
47106 to the Administrator of the FAA, 49 CFR 1.83(a)(9). The
Administrator has further delegated the authority to administer this
provision to the Associate Administrator for the Office of Airports
(ARP-1). Order 1100.154A.\1\ The requirement for a sponsor to provide
such certification to the FAA is incorporated into FAA Order 5050.4B,
National Environmental Policy Act (NEPA) Implementing Instructions for
Airport Actions, par. 1203.
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    \1\ For clarity, this guidance will continue to use the term
``Secretary'' in this context.
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II. Purpose

    After receiving a small number of submissions under this provision,
the Associate Administrator for the Office of Airports has determined
it would be helpful and appropriate to provide the public with more
guidance on the procedures and processes associated with this
provision:

    The Secretary may approve an application under this subchapter
for an airport development project involving the location of an
airport or runway or a major runway extension only if the sponsor
certifies to the Secretary that the airport management board has
voting representation from the communities in which the project is
located or has advised the communities that they have the right to
petition the Secretary about a proposed project[.]

49 U.S.C. Section 47106(c)(1)(A)(ii).

III. Final Guidance

A. Where To File

    The Secretary of the U.S. Department of Transportation has
delegated the responsibility to respond to a petition under Section
47106 to the Administrator of the FAA. Accordingly, any petition under
this statutory provision should be addressed to the Associate
Administrator for the Office of Airports, 800 Independence Avenue SW.,
Washington, DC 20591.

B. Form and Substance

    The statute does not prescribe any specific format for the
submission of a petition. The petition should be a concise statement
describing the project to which the petitioner objects, and clearly
indicating the petitioner's specific objection to the project. The
petition must also include a description of the result the petitioner
is seeking. The petition should normally not exceed ten (10) pages.
Upon application from the petitioner, the Secretary will consider
extending the length of a petition for a large, complex project.
Petitions must be legible and must be signed by the petitioner(s), who
must be a duly authorized representative(s) of the community (see
Section III.D.4 of this Federal Register notice). The FAA will not
consider any petition that is not signed by the petitioner(s).

C. Time To File a Petition

    A petition filed under section 47106(c)(1)(A)(ii) should be filed
only after the Airport Sponsor notifies a community of its right to
file a petition.
    Petitions to the Secretary pursuant to Section 47106(c)(1)(A)(ii)
must be submitted within thirty (30) days after the FAA gives notice
that the sponsor has presented evidence that the requirements of
Section 47106(c)(1)(A)(ii) have been fulfilled. Although the
environmental analysis and the grant decisions are separate processes
and decisions, grant-related findings that are preconditions of issuing
a grant are often made in the environmental Record of Decision (ROD).
Typically, the FAA demonstrates that the sponsor has satisfied the
requirements of Section 47106(c)(1)(A)(ii) in its Final Environmental
Impact Statement (FEIS). Generally, the FEIS will contain a
certification from the Airport Sponsor either that each community in
which the project is located has a voting member on its airport
management board, or that each community in which the project is
located has been advised of its right to petition the Secretary.
Normally the Airport Sponsor will have notified each of the communities
prior to the publication of an FEIS, allowing communities at least 30
days to prepare and file a petition.\2\ The thirty-day time to file
ensures that communities without voting representation on the airport
management board have the same ability to object to or provide input on
a project prior to a final decision that grant-related preconditions
have been met as those communities that do have voting representation
on the airport management board. Additionally, the 30-day period
coincides with the Council on Environmental Quality's (CEQ) requirement
that imposes a 30-day ``cooling off'' period on federal agencies
between the publication of an FEIS and a ROD. However, the FAA may also
provide notice that the sponsor has fulfilled the requirements of
Section 47106(c)(1)(A)(ii) through a Draft EA, a Final EA, a Draft EIS,
or via a separate Federal Register Notice. This type of FAA notice
would also start the 30-day time limit for a community to file a
petition pursuant to Section 47106(c)(1)(A)(ii).
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    \2\ Should the FAA prepare an Environmental Assessment (EA) for
a project to which Sec.  47106(c)(1)(A)(ii) applies, or an EIS under
MAP-21, Section 1319, the time to file a petition to the Secretary
will begin to run when the community is informed of its right to
file such a petition by the airport sponsor and will expire 30 days
after such notification.
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D. Definitions

(1) Location of an Airport
    For purposes of Section 47106(c)(1)(A)(ii), location of an airport
means approval of an airport at a location where no airport exists.
This definition is consistent with the definition of the term airport
location approval found in FAA Order 5050.4B, National Environmental
Policy Act (NEPA) Implementing Instructions for Airport Actions (April
2006). Order 5050.4B defines airport location approval as approval of a
new public use airport at a location where no airport exists. (Order
5050.4B, ]] 9.p and 203). In interpreting Section 47106(c)(1)(A)(ii),
it is appropriate to be consistent with other FAA interpretations of
similar terms. Defining the term location of an airport consistently
with the definition in the most current version of Order 5050.4B avoids
confusion that could be caused by applying different definitions
depending on the circumstances of the inquiry.
(2) Location of a Runway
    While other FAA documents have referred to the location of a
runway, none have defined the term. Because the term is similar to the
term ``location of an airport,'' it is appropriate to define the terms
in a similar manner. For purposes of Section 47106(c)(1)(A)(ii),
location of a runway refers to decisions approving the site of a new or
relocated runway where a runway does not currently exist.
(3) Major Runway Extension
    Order 5050.4B defines a major runway extension as one that creates
a significant impact to an affected environmental resource (including
noise), or one that permanently removes

a relocated threshold.\3\ Removal of a dislocated threshold is not
considered a runway extension.\4\ The definition of major runway
extension that appears in Order 5050.4B, ]9.l will be used in
interpreting Section 47106(c)(1)(A)(ii).
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    \3\ A relocated threshold leaves the pavement usable only for
taxiing.
    \4\ Pavement beyond a dislocated threshold is available for
takeoff.
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(4) Communities in Which the Project Is Located
    The term community is not defined in the statute. In the enabling
legislation, this provision was entitled ``Public Participation With
Respect to Airport Projects.'' The term ``community'' will be defined
as a jurisdictional authority, that is, a political subdivision of a
state, such as a town, township, city, or county. Defining community as
a jurisdictional authority is consistent with the context of Section
47106(c). For example, in subsection (A)(i) the statute speaks of
``objectives of any planning that the community has carried out.''
Typically, only political subdivisions of a state, such as those
described above, would have planning authority. Similarly, in the FAA's
experience, only a jurisdictional authority or political subdivision
would be considered for voting representation on the airport's
governing authority. It is only in the absence of such voting
representation of a jurisdictional authority or political subdivision
that the statute provides the opportunity to petition the Secretary.
    Defining community as a jurisdictional authority or political
subdivision is also consistent with the definition of community in
Order 5050.4B, ]1203(b)(1).
    Accordingly, only a political subdivision of a state that enjoys
general jurisdiction, or a Tribal government meets the definition of
community in this context. Political subdivisions of a state that have
a specific, substantive authority, such as water districts or school
districts, do not adequately represent the interests of the community
at large. They are not required to balance the interests of the whole
community on a wide range of issues. Rather, they seek to promote their
specific substantive interest. Additionally, water districts or school
districts would not normally be invited to sit on an airport management
board. Thus, only a political subdivision of a state which enjoys
general jurisdiction is a community entitled to file a petition under
Section 47106(c)(1)(A)(ii).
    Finally, under the statute, a community is only eligible to
petition under Section 47106(c)(1)(A)(ii) if the project is located in
the community. If land is disturbed in the community, then the project
is considered to be located in that community. The courts have also
provided instruction on when a project is located in a community. In
City of Bridgeton v. FAA, 212 F. 3d 448 (8th Cir. 2000), the court
determined that a community in which there was no construction and no
significant noise impact could not challenge the failure to notify it
that it could petition the Secretary. Thus, outside the construction
context, a project may be located in a community only if the project
will have a significant impact on the community. For example, where a
project will cause a significant noise impact on a community, the
project is located in that community. If the project does not create a
significant impact in the community, the community will have no right
to petition the Secretary.

E. Other Considerations

    There are currently ten states that participate in the FAA's State
Block Grant Program (SBGP). Under the program, the State agency
(usually the aviation division of the state Department of
Transportation) assumes responsibility for administering AIP grants for
non-primary airports (including several categories of AIP funds). See
49 U.S.C. Section 47128. As part of the responsibility, the state
assumes various responsibilities for the FAA including reviewing and
approving proposed changes to the Airport Layout Plan (ALP) and
compliance with the National Environmental Policy Act (NEPA).
    The FAA interprets 49 U.S.C. Section 47106(c)(1)(A)(ii) as not
being generally applicable to a project approved and administered as
part of a state block grant. The plain language of this statutory
provision states that this Section is triggered when a proponent
submits a project grant application to the FAA. In the case of the
SBGP, no such request is made because most of the funds are given to
the states as a block (except for AIP Discretionary funds), and the
state assumes responsibility for administering those funds.
Participants in the SBGP are required to engage communities according
to FAA guidance and to circulate the draft EA if warranted. However, in
cases where the project may involve a request for AIP Discretionary
funding, or other extraordinary circumstances, the FAA may determine
that a community meeting the requirements set forth herein may have the
right to petition the Secretary in connection with an AIP grant.
Petitions involving a SBGP project must include facts describing the
extraordinary circumstances that they believe justify the Secretary
entertaining the petition.

F. Agency Response

    The FAA will provide a written response to a petition to the
Secretary. The FAA may respond by outlining the issues raised in the
petition and providing its responses either within the environmental
ROD, or it may elect to respond in a separate document.

    Authority:  49 U.S.C. 47106(c)(1)(A)(ii), 14 CFR part 1.

    Issued in Washington, DC, on March 22, 2016.
Elliott Black,
Director, Office of Airport Planning and Programming APP-001.
[FR Doc. 2016-07165 Filed 3-29-16; 8:45 am]
 BILLING CODE 4910-13-P