FAA Borrows Air Force's NEPA Paperwork Dodge
Published Date: 8/24/2026
Notice
Summary
The Federal Aviation Administration (FAA) has identified a categorical exclusion (CATEX) established by the Department of the Air Force (DAF) that it intends to adopt and describes the categories of proposed actions for which the FAA intends to use this CATEX. The FAA has consulted with the DAF, as described herein, and obtained concurrence on FAA's use of this CATEX.
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
Supersonic Test Approvals Simplified
If you apply for a Special Flight Authorization (SFA) to test supersonic flights, the FAA can use a Department of the Air Force categorical exclusion to approve tests that are over land and above 30,000 feet MSL or over water and above 10,000 feet MSL and more than 15 nautical miles from land. This adoption is available for FAA use effective immediately and can allow some SFA approvals to proceed without preparing an environmental assessment (EA) or environmental impact statement (EIS) unless extraordinary circumstances exist.
Extraordinary Circumstances Can Require Full Review
Even when the CATEX would apply, the FAA will evaluate for extraordinary circumstances and, if such circumstances are present, may modify the proposed action, require mitigations, or prepare an EA or EIS. That means some supersonic testing proposals covered by the CATEX may still need a full environmental review.
CATEX May Be Used Beyond SFA Applications
The FAA may expand use of the adopted DAF CATEX to activities other than Special Flight Authorization (SFA) applications when those activities fall within the CATEX parameters (over land above 30,000 feet MSL, or over water above 10,000 feet MSL and more than 15 nautical miles from land), after consulting with the Department of the Air Force. That could broaden which supersonic operations can be processed without an EA or EIS.
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Key Dates
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