L O N G B E A C H , C A

David B. Kessler, AICPRegional Environmental Protection SpecialistFederal Aviation Administration – Western-Pacific RegionEmail: dave.kessler@faa.gov

Communication and Outreach to Governmental Agencies and the Public for Airport Projects

L O N G B E A C H , C A

Public and Agency Coordination – Do I really have to??

Today, we’ll talk about several things from FAA’s perspective:

1. Agency Consultation – why do we have to do this?

2. Agency Consultation – who does it?

3. Quality Control - does anyone really care?

4. Public participation – why, when and how?

5. Questions at the end.

Agency/Public Consultation – Why?

• The FAA and the Airport Sponsor must comply with a variety of special purpose laws and 49 USC § 47106. This is part of the way to do it.

• In addition, NEPA requires disclosure of the potential impacts to the public and the decision maker.

• You may be able to avoid a previously unforeseen problem.• Environmental issues may cause you to adjust your proposed

project.• It helps the sponsor to put a shovel in the ground faster.• Build and maintain credibility with both agencies and the public.

So Many Agencies – So little timeWho does agency consultation?

• The consultant and sponsor can consult with most of the agencies involved.

• The Federal Endangered Species Act of 1973 and the National Historic Preservation Act of 1966 and the implementing regulations require the Federal Agency (FAA in this case) to conduct the consultation.

Who can help me with this?

• Airport Staff members.

• A qualified biologist, archaeologist, historian, etc…get the right people – don’t just guess at it.

• The FAA Airports District Office Environmental Protection Specialist.

• The FAA Regional Environmental Protection Specialists.

Agency Coordination and Research – Questions a sponsor should be asking…

• Do I have any Federal or State endangered critters, plants, or designated critical habitat?

• Do I have any historical or archaeological properties?

• Air pollution ?• Water Pollution ?

An Example: The Section106 process

• Why do I have to do this? – To comply with the National Historic Preservation Act of 1966, as amended.

• NHPA implementing regulations found at 36 CFR Parts 60.4 and 800.

My consultant is really good, can’t they just do this for FAA?

Thanks for the thought, but no.

The consultant can gather the needed information, but FAA must conduct the consultation. The same goes for Native American Consultation.

The regulations for both the Endangered Species Act and the National Historic Preservation Act require the FAA to actively conduct the consultation.

Archaeological and Historical Resources Reports

• These reports Must be prepared by a qualified archaeologist and a qualified architectural historian.

• FAA reviews the Reports for the description of the proposed undertaking (a term of art).

• FAA negotiates the Area of Potential Effect (APE) with State/Tribal Historic Preservation Officer (SHPO/THPO).

Note: Keep the area near the proposed undertaking! Skip areas that won’t be affected. It leads to unrealistic expectations by everyone. Don’t use the process to achieve another goal – it doesn’t work.

• After APE is set, FAA decides if important historic/cultural resources present. If they are, FAA, in consultation with SHPO/THPO, makes its finding of effect on properties listed or eligible for listing on the National Register of Historic Places.

• Having this process done correctly is critical to getting your project underway.

Quality Control - Does anyone really care? (Hint: yes!)

• Quality Control (QC) is everyone’s job.

• QC starts with the consultant.

• The sponsor is responsible for their consultant’s work product.

• Why do we care about QC for Agency/Public Coordination? Accurate documentation leads to more rapid responses. Less time wasted fixing things.

What is Quality Control and who does it?

Quality control is more than just checking for spelling errors. Make sure you spell the word “hangar” correctly when you mean a garage for an aircraft. (The other kind is something you put your jacket on).

The EA is a sponsor prepared document. Therefore, the Sponsor must ensure quality control before it is submitted to FAA for review. Make sure your consultant or team member is qualified to do the work!

For an EIS, Quality Control starts with FAA’s contractor. FAA is “on the hook” for the entire EIS because we are the author of the document. The consultant assists us in preparing the EIS.

Quality Control – Other things to think about…

Cut out or STOP! all the verbal padding. Are the figures and tables useful? Or just add to the

bulk of the document? Purpose and Need makes sense and is defendable. Do we have a reasonable range of alternatives? Have

we justified that range? Is the EA or EIS encyclopedic or analytic?

(hint – go for analytic).

Public Participation – when, why and how…

Do I have to make the EA or EIS public?

What if they don’t like my project?!

These documents must be made available to the public. A sponsor can hold both a public meeting and a public hearing. However, public hearings are required only for new airports, new runways and major runway extensions. If in doubt – hold a hearing. Must have a designated hearing officer.

Public Involvement - when/how?

Scoping meetings – optional for an EA, required for an EIS.• Coordination meetings with multiple agencies works well to if they can all meet at the

same location.• The public and agencies can provide input to help focus the study.

Public Workshops/meetings - optional for both, provides updated information on your progress, good for large long-term projects.

Public Hearing – Required for EIS and for certain EA’s (new airport, new runway, major runway extension).

Newsletters and Websites – we’ve used both. Websites are becoming more popular because more people are used to looking for them.

Public Hearing vs. Public Meeting

A public hearing is a formal event – no you don’t need a tux.

1. Public hearings need formal notice – not less than 30-days (Administrative Procedures Act).

2. Notice must be in a local newspaper of general circulation – get a proof of publication.

3. Internet? Its okay, but not the only way. While we are in the 21st Century, not everyone has access to the internet.

4. Public Hearings must have a designated hearing officer and commonly a court reporter for transcripts. The hearing officer cannot be the court reporter!! Public meetings are for back and forth discussion with the public. No decisions are made at these meetings, they are an opportunity for the public to provide their views, data, and comments.

Public Hearing/Meeting Formats

• In the Western-Pacific Region, we’ve found formal hearings to be the most effective. – Hearing officer, formal presentation, court reporter – public speakers given opportunity to make statements for the record.

• For an EA – the Sponsor conducts the meetings. For an EIS – that’s FAA’s job with help from both the sponsor and FAA’s consultant.

• Display boards are acceptable – but don’t have them so

technical that the non-technical person won’t understand. In a meeting, if you don’t know – just say so, don’t make it up on the fly.

Questions?