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54 APPENDIX AâQUESTIONNAIRE NATIONAL ACADEMY OF SCIENCES TRANSPORTATION RESEARCH BOARD AIRPORT COOPERATIVE RESEARCH PROGRAM (ACRP) PROJECT 11-01, STUDY TOPIC 04-06: The Role of the Airport Sponsor in Airport Planning and Environmental Reviews of Proposed Development Projects Under the National Environmental Policy Act (NEPA) and State Mini-NEPA Laws The Transportation Research Board has retained a consultant to explore the legal issues faced by airport sponsors in fulfilling requirements under the National Environmental Policy Act (âNEPAâ), related âspecial purposeâ federal environmental laws, and analogous state mini-NEPA statutes in selected jurisdictions. The purpose of this survey is to elicit information from airport sponsors to develop an industry-wide perspective on the role of the airport sponsor in the environmental review process coordinated by the Federal Aviation Administration (âFAAâ). Your participation will help prepare other airport sponsors and AIP grant recipients for the environmental review process. We also hope to identify areas in which the environmental review process can be improved. Please have this survey completed by the individual in your organization who is primarily responsible for NEPA matters. Please base the survey responses only on environmental review activities conducted since 1 January 2004. Contact information to return completed surveys is at the end of the document. Thank you in advance for your cooperation with this survey. I. BACKGROUND A. Identification i. Please provide the name and address of your airport or organization. ___________________________________________________________________________________ ___________________________________________________________________________________ __________________________________________ ii. Please provide the name, telephone number, and email address of an appropriate contact person who is primarily responsible for NEPA compliance and related environmental review issues at your airport or organization. ___________________________________________________________________________________ ___________________________________________________________________________________ __________________________________________ B. Environmental Review Experience (since 1 January 2004) i. Since 1 January 2004, approximately how many times has your airport or organization requested that the FAA categorically exclude a proposed action from environmental review? _______ ii. Since 1 January 2004, approximately how many times has your airport or organization (or a consultant working on your behalf) performed an Environmental Assessment (âEAâ) for a proposed action? _______ iii. Approximately how many of those EAs have resulted in a Finding of No Significant Impact (âFONSIâ) by the FAA? _______
55 iv. Since 1 January 2004, approximately how many times has an Environmental Impact Statement (âEISâ) been prepared your airport or organization? _______ II. PURPOSE AND NEED A. Environmental Assessments (since 1 January 2004). (Please answer all that apply) i. How frequently does your airport or organization consult with the FAA to help develop a statement of Purpose and Need to include in a Draft EA for a proposed project? N/A Never Occasionally Half the Time Usually Always ż ż ż ż ż ż ii. How frequently does the FAA recommend that your airport or organization change its statement of Purpose and Need after the FAAâs internal review of a Draft EA? N/A Never Occasionally Half the Time Usually Always ż ż ż ż ż ż iii. How frequently does your airport or organization revise its statement of Purpose and Need in an EA based on comments received from the public or non-FAA government agencies? N/A Never Occasionally Half the Time Usually Always ż ż ż ż ż ż iv. How frequently does the FAA issue a FONSI with a different statement of Purpose and Need than that included in your airportâs Final EA? N/A Never Occasionally Half the Time Usually Always ż ż ż ż ż ż B. Environmental Impact Statements (since 1 January 2004). (Please answer all that apply) i. How frequently does the FAA consult with your airport or organization regarding the FAAâs statement of Purpose and Need prior to or during the FAAâs draft of an EIS for a project? N/A Never Occasionally Half the Time Usually Always ż ż ż ż ż ż ii. How frequently has the FAA issued an EIS with a different statement of Purpose and Need than that included in your airportâs Final EA for the same project? N/A Never Occasionally Half the Time Usually Always ż ż ż ż ż ż iii. How frequently has the FAA revised its statement of Purpose and Need in its Final EIS based on comments received from the public or other government agencies regarding a Draft EIS for a proposed development at your airport? N/A Never Occasionally Half the Time Usually Always ż ż ż ż ż ż C. If your responses above indicate that your airport or the FAA made changes to the statement of Purpose and Need at any time after developing a Draft EA, please describe the changes in the Purpose and Need, and whether it changed the proposed project: ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ________________
56 III. ALTERNATIVES A. Environmental Assessments (since 1 January 2004). (Please answer all that apply) i. How frequently does your airport or organization consult with the FAA to help develop Alternatives to include in a Draft EA for a proposed project? N/A Never Occasionally Half the Time Usually Always ż ż ż ż ż ż ii. How frequently does the FAA recommend that your airport or organization consider additional Alternatives after the FAAâs internal review of a Draft EA? N/A Never Occasionally Half the Time Usually Always ż ż ż ż ż ż iii. How frequently has your airport or organization revised its EA to consider additional Alternatives based on comments received from the public or non-FAA government agencies? N/A Never Occasionally Half the Time Usually Always ż ż ż ż ż ż iv. How frequently has the FAA issued a FONSI with a different Preferred Alternative than that included in your airportâs Final EA? N/A Never Occasionally Half the Time Usually Always ż ż ż ż ż ż B. Environmental Impact Statements (since 1 January 2004). (Please answer all that apply) i. How frequently has the FAA issued a Draft EIS that considers additional Alternatives not included in your airportâs Final EA for the same project? N/A Never Occasionally Half the Time Usually Always ż ż ż ż ż ż ii. How frequently has the FAA considered additional Alternatives in its EIS based on comments received from the public or other government agencies? N/A Never Occasionally Half the Time Usually Always ż ż ż ż ż ż iii. How frequently has the FAA issued a Final EIS or Record of Decision (âRODâ) that selects a different Preferred Alternative than that in your airportâs Final EA? N/A Never Occasionally Half the Time Usually Always ż ż ż ż ż ż C. If your responses above indicate that your airport or the FAA has considered additional Alternatives at any time after developing a Draft EA, please describe the additional Alternatives considered, and whether it changed the Preferred Alternative: ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ __________________ IV. PUBLIC HEARINGS (Please answer all that apply) A. Since 1 January 2004 approximately how many times has your airport participated in a public hearing on a Draft EA prepared by (or on behalf of) your airport? _______
57 B. How frequently has the FAA required your airport or organization to revise its EA to address substantive comments made during a public hearing? N/A Never Occasionally Half the Time Usually Always ż ż ż ż ż ż C. Since 1 January 2004, approximately how many times has there been a public hearing to consider a Draft EIS for a proposed activity at your airport? _______ D. How frequently has the FAA revised its EIS for a development project at your airport to address substantive comments made during a public hearing? N/A Never Occasionally Half the Time Usually Always ż ż ż ż ż ż V. CONSULTANTS (Please answer all that apply) A. Since 1 January 2004 approximately how many times has a consultant prepared an Environmental Assessment for a development project at your airport? _______ B. Which response below best describes the arrangements for hiring the EA consultant? o The airport selected and hired the consultant without FAA input. o The FAA recommended the consultant, but the airport hired and paid the consultant. o The FAA selected the consultant, and partially reimbursed the airport for the consultant. o The FAA selected, hired, and paid the consultant directly. C. Since 1 January 2004, approximately how many times has a contractor prepared an Environmental Impact Statement for a development project at your airport? _______ D. Which response below best describes the arrangements for selecting the EIS contractor? o The airport selected the contractor without FAA involvement. o The FAA selected the contractor from a short list recommended by the airport. o The FAA selected its own preferred contractor, who was not recommended by the airport. E. Which response below best describes the arrangements for paying the EIS contractor? o The airport contracted directly with the contractor without FAA involvement. o The FAA, airport, and contractor entered into a Memorandum of Understanding, with the airport directly paying most contractor expenses, without reimbursement from the FAA. o The FAA, airport, and contractor entered into a Memorandum of Understanding, with the FAA paying or reimbursing the airport sponsor for most contractor expenses. o The FAA contracted directly with the contractor without airport involvement. F. If your airport has entered into a Memorandum of Understanding with the FAA and an EIS contractor, please describe any challenges presented by that contractual arrangement: ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ __________________
58 VI. PUBLIC DISCLOSURE A. Which response below best describes the approach taken in response to public requests for disclosure of a Draft EA (or internal documents pertaining to a Draft EA) submitted by your airport (or its consultant) to the FAA for internal review? o Not applicable (no requests for public disclosure of a Draft EA during FAA internal review). o The airport treats the Draft EA (and related documents) as exempt from public disclosure, and we never publicly disclose the documents, until after FAA internal review. o The airport takes steps to prevent disclosure of the Draft EA (and related documents), but there are instances where the public has obtained the documents from the airport or FAA before the FAAâs internal review is complete (i.e., before a public hearing). o The public usually is able to obtain the Draft EA (and related documents) upon request while the FAAâs internal review is ongoing. o The Draft EA (and related documents) are published or publicly disclosed at the time they are submitted to the FAA for internal review. B. Which response below best describes the approach taken in response to public requests for disclosure of a Preliminary Draft EIS prepared by the FAA (or its contractor) regarding a proposed development activity at your airport? o Not applicable (no known requests for public disclosure of a PDEIS). o The FAA treats the PDEIS (and related documents) as exempt from public disclosure, and never publicly discloses the documents. o The FAA takes steps to prevent disclosure of the PDEIS (and related documents), but there are instances where the public has obtained the documents from the airport or FAA. o The public usually is able to obtain the PDEIS (and related documents) upon request. o The PDEIS (and related documents) are published or publicly disclosed by the FAA at the time they are distributed for internal FAA review. VII. GENERAL COMMENTS A. Are there specific areas of environmental review where, in your opinion, the roles of the airport sponsor or the FAA are unclear or not well defined? _______ Explain: ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ________________ B. Are there specific areas of environmental review where, in your opinion, the roles of other government agencies are unclear or not well defined? _______ Explain: ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ________________ C. Are there specific areas of environmental review where, in your opinion, the roles of the airport sponsor or the FAA under NEPA conflict with the roles of the airport sponsor or other government agencies under other environmental laws (including special purpose laws and state mini-NEPA statutes)? _______ Explain:
59 ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ __________________ D. May we contact you directly for further information regarding any of your responses above? _______ E. Do you desire that we keep your responses confidential and NOT identify your airport in the final report? _______ Please mail, email, or fax completed surveys no later than 15 October 2012 to the attention of: Timothy R. Wyatt Conner Gwyn Schenck PLLC P.O. Box 20744 Greensboro, NC 27420 Fax: (336) 691-9259 Email: twyatt@cgspllc.com If you would prefer to receive this survey by email as an electronic fill-in document, please request an electronic copy from Mr. Wyatt at twyatt@cgspllc.com.
