1. (a) Federal-Aid projects. The department will provide for environmental reviews of aviation projects in accordance with Federal Aviation Administration (FAA) procedures established to comply with 42 United States Code §§4321 et seq.

2. (b) State projects. For state aviation projects, the department will provide for the following.

   1. (1) Early coordination and public involvement.

      1. (A) Early coordination. The department will conduct early coordination with appropriate agencies, pursuant to §2.43(b)(1) of this title (relating to Highway Construction Projects--State Funds).
      2. (B) Public involvement. Public involvement for state aviation projects shall be conducted pursuant to §2.43(b)(2) of this title (relating to Highway Construction Projects--State Funds), with the exception that a public hearing will be held for any aviation project requiring a residential or commercial relocation.

   2. (2) Categorical exclusions (no further action). The following actions are examples of state projects which meet the criteria of a categorical exclusions (CEs) as found in §2.43(c)(1) of this title (relating to Highway Construction Projects--State Funds):

      1. (A) renovation or rehabilitation of runways where no additional right-of-way is required, and where existing rights-of-way have been previously disturbed;
      2. (B) renovation or rehabilitation of airport facilities where no additional right-of-way is required, and where existing rights-of-way have been previously disturbed;
      3. (C) installation or upgrading of airfield lighting systems, including runway end identification lights, visual approach aids, beacons and electrical distribution systems;
      4. (D) installation of miscellaneous items including segmented circles, wind or landing direction indicators or measuring devices, or fencing;
      5. (E) grading or removal of obstructions on airport property and erosion control actions with no off-airport impacts; or
      6. (F) noise compatibility programs.

   3. (3) Categorical exclusions (CE) (further action). The following actions are examples of state projects which may require the development of environmental studies and interagency consultations to make a CE designation:

      1. (A) runway extensions requiring minor amounts of additional rights-of-way;
      2. (B) expansion of airport facilities requiring minor amounts of additional rights-of-way; or
      3. (C) any state projects listed in paragraph (2) of this subsection which, following interagency coordination, further analysis is warranted.
   4. (4) For projects listed in paragraphs (2) and (3) of this subsection the department will provide a written CE designation following any interagency coordination, pursuant to §2.43(b)(1)(E) of this title (relating to Highway Construction Projects--State Funds).
   5. (5) Environmental assessments (EA). For aviation projects in which the extent of impacts is not readily discerned, an EA will be prepared to determine the nature and extent of environmental impacts, with either a FONSI anticipated or an EIS required. The department will utilize the format and content requirements of FAA procedures established to comply with 42 United States Code §§4321 et seq. The department will prepare an EA, including any reasonable and feasible mitigation. For aviation projects involving any residential or commercial relocations, an EA will be prepared.
   6. (6) Finding of no significant impact (FONSI). The department, after its review of the EA, proposed mitigation measures, and any public hearing statement or concerns, will make a separate written FONSI, incorporating the EA and any other appropriate environmental documents and agency consultations and coordinations. The FONSI completes the environmental and public involvement process for an aviation project. Notice of the FONSI shall be furnished by the department to state clearinghouses. Notification will also be given to the local media through a press release.
   7. (7) Environmental impact statements (EIS). An EIS will be required for state projects in which there are likely to be significant environmental impacts. The department will utilize the format and content requirements of FAA procedures established to comply with 42 United States Code §§4321 et seq. The department will comply with the requirements of §2.43(e) of this title (relating to Highway Construction Projects--State Funds) for the preparation and approval of an EIS prepared for an aviation project.

Source Note:The provisions of this §2.46 adopted to be effective March 8, 1995, 20 TexReg 1339.