Sec. 788. Categorical exclusions
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An action by the Administrator to approve, permit, finance, or otherwise authorize any airport project that is undertaken by the sponsor, owner, or operator of a public-use airport shall be presumed to be covered by a categorical exclusion under FAA Order 1050.1F (or any successor document), if such project— receives less than $6,000,000 (as adjusted annually by the Administrator to reflect any increases in the Consumer Price Index prepared by the Department of Labor) of Federal funds or funds from charges collected under section 40117 of title 49, United States Code; or has a total estimated cost of not more than $35,000,000 (as adjusted annually by the Administrator to reflect any increases in the Consumer Price Index prepared by the Department of Labor) and Federal funds comprising less than 15 percent of the total estimated project cost.
An action by the Administrator to approve, permit, finance, or otherwise authorize an airport project that is undertaken by the sponsor, owner, or operator of a public-use airport shall be presumed to be covered by a categorical exclusion under FAA Order 1050.1F (or any successor document), if such project is— for the repair or reconstruction of any airport facility, runway, taxiway, or similar structure that is in operation or under construction when damaged by an emergency declared by the Governor of the State with concurrence of the Administrator or for a disaster or emergency declared by the President pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ); in the same location with the same capacity, dimensions, and design as the original airport facility, runway, taxiway, or similar structure as before the declaration described in this section; and commenced within a 2-year period beginning on the date of a declaration described in this section. The presumption that an action is covered by a categorical exclusion under subsections
(a)and
(b)shall not apply if the Administrator determines that extraordinary circumstances exist with respect to such action. Nothing in this section shall be construed to impact any aviation safety authority of the Administrator. In this section: The term categorical exclusion has the meaning given such term in section 1508.1(d) of title 40, Code of Federal Regulations. The terms public-use airport and sponsor have the meanings given such terms in section 47102 of title 49, United States Code.
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Sec. 788
Categorical exclusions
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