[Federal Register Volume 59, Number 13 (Thursday, January 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1375]


[[Page Unknown]]

[Federal Register: January 20, 1994]


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DEPARTMENT OF TRANSPORTATION

Coast Guard
[CGD 93-090]

 

National Environmental Policy Act: Agency Procedures for 
Categorical Exclusions

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed revision of agency procedures and policy.

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SUMMARY: The Coast Guard proposes to revise its procedures and policies 
concerning agency actions which do not individually or cumulatively 
have a significant effect on the human environment. Under the National 
Environmental Policy Act, these actions are categorically excluded from 
the requirement that the proposed action undergo the additional 
analysis that accompanies preparation of an Environmental Assessment or 
an Environmental Impact Statement. This revision is necessary to 
eliminate overly expansive and inconsistent interpretations of existing 
policies and procedures.

DATES: Comments must be received on or before March 7, 1994.

ADDRESSES: Comments may be mailed to the Executive Secretary, Marine 
Safety Council (G-LRA/3406) (CGD 93-090), U.S. Coast Guard 
Headquarters, 2100 Second Street SW., Washington, DC 20593-0001, or may 
be delivered to room 3406 at the same address between 8 a.m. and 3 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is (202) 267-6233.

FOR FURTHER INFORMATION CONTACT:
Ms. Bonnie Gallahan, Environmental Compliance and Restoration Branch 
(G-ECV-1B), (202) 267-6034.

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to participate by 
submitting written data, views, or arguments. Persons submitting 
comments should include their names and addresses, identify this docket 
(CGD 93-090) and the specific paragraph of this proposal to which each 
comment applies, and give the reason for each comment. The Coast Guard 
requests that all comments and attachments be submitted in an unbound 
format suitable for copying and electronic filing. If not practical, a 
second copy of the bound material is requested. Persons wanting 
acknowledgment of receipt of comments should enclose a stamped, self-
addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.

Background and Purpose

    Under regulations implementing the National Environmental Policy 
Act (NEPA) (40 CFR parts 1500 through 1508), each Federal agency is 
required to adopt procedures to supplement those regulations (40 CFR 
1507.3). The Coast Guard's procedures and policies are published as a 
Commandant instruction entitled ``National Environmental Policy Act 
Implementing Procedures and Policy for Considering Environmental 
Impacts'' (COMDTINST M16475.1B). In this notice, the Coast Guard is 
publishing a proposed revision of section 2.B.2. of the instruction 
concerning those categories of actions which may be taken by the Coast 
Guard without the analysis and documentation required for an 
Environmental Assessment (EA) or an Environmental Impact Statement 
(EIS). This proposal is being published for public comment under 40 CFR 
1507.3, after consultation with the Council on Environmental Quality 
(CEQ).

Discussion of Proposed Revision

    This proposal would completely revise the instructions on 
categorical exclusions to align them with those of other Federal 
agencies. It would identify more precisely the categories subject to 
exclusion to avoid inconsistent interpretations (paragraph 2.B.2.e). It 
would also provide more complete criteria for screening an action which 
falls under an excluded category, but which might otherwise warrant 
additional environmental review (paragraph 2.B.2.b). In addition, the 
proposal would add a procedure for identifying new categories for 
potential exclusion (paragraph 2.B.2.a).
    For the reasons set out in the preamble, the Coast Guard proposes 
to amend section 2.B.2. of COMDTINST M16475.1B as follows:

2.B.  Environmental Documentation.

* * * * *
    2. Categorical Exclusions (CE).
a. Introduction
    As defined by the Council on Environmental Quality, a categorical 
exclusion or CE means a category of actions which do not individually 
or cumulatively have a significant effect on the human environment and 
for which, therefore, neither an Environmental Assessment (EA) nor an 
Environmental Impact Statement (EIS) is required. The use of a CE is 
intended to reduce paperwork and delay by eliminating the unnecessary 
preparation of EAs and EISs. The CEs listed below are subject to review 
and any suggested modifications should be provided to COMDT (G-ECV). 
Additional CEs should be suggested when it becomes clear, through the 
preparation of EAs, that Findings of No Significant Impact (FONSI) 
result after numerous analyses of similar actions.
b. Limitations on Using Categorical Exclusions
    Some actions that normally would be categorically excluded could 
require additional environmental review and, for this reason, 
responsible personnel should be alert for extraordinary circumstances 
which may dictate the need to prepare an EA or EIS. A CE may not be 
used if the proposed action is likely to involve any of the four 
circumstances set forth in section 20.b.(2) of DOT Order 5610.1C, Chg 2 
(Enclosure 1).
    A determination of whether an action that is normally excluded 
requires additional review must focus on the action's significance. The 
proposed action must be evaluated in its context (whether local, state, 
regional, national or international) and in its intensity by 
considering whether the action is likely to involve one or more of the 
following:
    (1) Adverse effects on public health or safety.
    (2) A site that includes unique characteristics of the geographic 
area such as proximity to historic or cultural resources, park lands, 
prime farmlands, wetlands, wild and scenic rivers, ecologically 
critical areas, or property requiring special consideration under 49 
U.S.C. 303(c) (section 4(f) of the Department of Transportation (DOT) 
Act).
    (3) Effects on the quality of the human environment that are likely 
to be highly controversial, in terms of scientific validity or public 
opinion.
    (4) Effects on the human environment that are highly uncertain or 
involve unique or unknown risks.
    (5) A precedent for future actions with significant effects or a 
decision in principle about a future consideration.
    (6) Individually insignificant but cumulatively significant impacts 
when considered along with other past, present and reasonably 
foreseeable future actions.
    (7) Adverse effects on districts, sites, highways, structures, or 
objects listed in or eligible for listing in the National Register of 
Historic Places or may cause loss or destruction of significant 
scientific, cultural, or historical resources.
    (8) Adverse effects on species or habitats protected by the 
Endangered Species Act.
    (9) A potential or threatened violation of a Federal, State, or 
local law or requirement imposed for the protection of the environment.
    (10) Impacts that may be both beneficial and adverse. A significant 
effect may exist even if it is believed that on balance the effect will 
be beneficial.
c. Documentation
    The Environmental Analysis Checklist (Enclosure 10) will also be 
prepared and used to make and substantiate the determination that a CE 
is appropriate, unless the CE indicates that a checklist is not 
required.
    A written Categorical Exclusion Determination (Enclosure 6) must be 
prepared in those situations where additional information not readily 
available from the checklist is being provided to the decisionmaker and 
when CEs are being relied upon to promulgate regulations.
d. Compliance With Other Laws
    Even though an EA or EIS may not be indicated for a Federal action 
because of a categorical exclusion, that fact does not exempt the 
action from compliance with any other Federal law. For example, 
compliance with the Endangered Species Act, the Fish and Wildlife 
Coordination Act, the National Historic Preservation Act, the Clean 
Water Act, the Clean Air Act (conformity requirements), etc., is always 
mandatory, even for actions that do not require an EA or EIS.
e. Categorical Exclusion List
    The following are actions that, unless consideration of the factors 
listed above trigger the need to conduct further analysis, are 
categorically excluded from further analysis and documentation 
requirements under NEPA:
    (1) Routine personnel, fiscal, and administrative activities and 
actions, procedures and policies which clearly do not have any 
environmental impacts, such as military and civilian personnel 
recruiting, processing, paying, recordkeeping, and training. (Checklist 
not required.)
    (2) Routine procurement activities for goods and services, 
including office supplies, equipment, mobile assets, and utility 
services for routine administration, operation, and maintenance. 
(Checklist not required.)
    (3) Maintenance dredging and debris disposal where no new depths 
are required, applicable permits are secured, and disposal will be at 
an existing approved disposal site.
    (4) Routine repair, renovation, and maintenance actions on aircraft 
and vessels. (Checklist not required.)
    (5) Routine repair and maintenance of buildings, roads, airfields, 
grounds, equipment, and other facilities which do not result in a 
change in functional use, a historically significant element, or 
historically significant setting. (Checklist not required.)
    (6) Minor renovations and additions to buildings, roads, airfields, 
grounds, equipment, and other facilities which do not result in a 
change in functional use, a historically significant element, or 
historically significant setting.
    (7) Routine repair and maintenance to waterfront facilities 
including mooring piles, fixed floating piers, existing piers, and 
unburied power cables. (Checklist not required.)
    (8) Minor renovations and additions to waterfront facilities 
including mooring piles, fixed floating piers, existing piers, and 
unburied power cables which do not require special, site specific 
regulatory permits.
    (9) Routine grounds maintenance and activities at units and 
facilities. Examples include localized pest management actions, 
maintenance of improved grounds such as landscaping, lawn care and 
minor erosion control measures that are conducted in accordance with 
applicable federal, state and local directives. (Checklist not 
required.)
    (10) Installation of devices to protect human or animal life, such 
as raptor electrocution prevention devices, fencing to restrict 
wildlife movement onto airfields, and fencing and grating to prevent 
accidental entry to hazardous areas.
    (11) New construction on heavily developed portions of Coast Guard 
property, when construction, use and operation will comply with 
regulatory requirements and constraints.
    (12) Decisions to decommission equipment, and/or temporarily 
discontinue use of facilities or equipment. This does not preclude the 
need to review decommissioning under section 106 of the National 
Historic Preservation Act.
    (13) Demolition or disposal actions that involve buildings or 
structures neither on nor eligible for listing on the National Register 
of Historic Places when conducted in accordance with those regulations 
applying to removal of asbestos, PCB's, and other hazardous materials, 
or disposal actions mandated by Congress.
    (14) Outleasing of historic lighthouse properties as outlined in 
the Programmatic Memorandum of Agreement between the Coast Guard, 
Advisory Council on Historic Preservation, and the National Conference 
of State Historic Preservation Officers.
    (15) Transfer of real property from the Coast Guard to the General 
Services Administration, Department of the Interior, and other Federal 
departments and agencies, or as mandated by Congress; and the granting 
of leases, permits and easements where there is no substantial change 
in use of the property.
    (16) Renewals and minor amendments of existing real estate licenses 
or grants for use of government-owned real property where prior 
environmental review has determined that no significant environmental 
effects would occur. (Checklist not required.)
    (17) New grants or renewal of existing grants of license, easement, 
or similar arrangements for the use of existing rights-of-way or 
incidental easements complementing the use of existing rights-of-way 
for use by vehicles; for such existing rights-of-way as electrical, 
telephone, and other transmission and communication lines; water, 
wastewater, stormwater, and irrigation pipelines, pumping stations, and 
facilities; and for similar utility and transportation uses.
    (18) Defense preparedness training and exercises conducted on other 
than USCG property, where the lead agency or department is not USCG or 
DOT and the lead agency or department has responsibility for NEPA 
compliance. (Checklist not required).
    (19) Defense preparedness training and exercises conducted on USCG 
property that do not involve undeveloped property or increased noise 
levels over adjacent property and that involve a limited number of 
personnel, such as exercises involving primarily electronic simulation 
or command post personnel.
    (20) Simulated exercises, including tactical and logistical 
exercises that involve small numbers of personnel. (Checklist not 
required.)
    (21) Training of an administrative or classroom nature. (Checklist 
not required.)
    (22) Operations to carry out maritime safety, maritime law 
enforcement, search and rescue, domestic ice breaking, and oil or 
hazardous substance removal programs that have been the subject of a 
programmatic NEPA analysis and documentation. (Checklist not required.)
    (23) Actions performed as a part of Coast Guard operations to carry 
out statutory authority in the area of establishment of floating and 
minor fixed aids to navigation, except electronic sound signals. 
(Checklist not required.)
    (24) Routine movement of personnel and equipment, and the routine 
movement, handling and distribution of nonhazardous and hazardous 
materials and wastes in accordance with applicable regulations. 
(Checklist not required.)
    (25) USCG participation in disaster relief efforts under the 
guidance or leadership of another Federal agency that has taken 
responsibility for NEPA compliance. (Checklist not required.)
    (26) Studies, data and information gathering that involve no 
physical change to the environment. Examples include topographic 
surveys, bird counts, wetland mapping and other inventories. (Checklist 
not required.)
    (27) Natural and cultural resource management and research 
activities that are in accordance with interagency agreements and which 
are designed to improve and/or upgrade Coast Guard ability to manage 
those resources. (Checklist not required.)
    (28) Contracts for activities conducted at established laboratories 
and facilities, to include contractor-operated laboratories and 
facilities, on Coast Guard owned property where all airborne emissions, 
waterborne effluents, external radiation levels, outdoor noise, and 
solid and bulk waste disposal practices are in compliance with existing 
applicable federal, state, and local laws and regulations,
    (29) Approval of recreational activities (such as a Coast Guard 
unit picnic) which do not involve significant physical alteration of 
the environment, increases in human disturbance in sensitive natural 
habitats, disturbance of historic properties and which do not occur in, 
or adjacent to, areas inhabited by threatened or endangered species.
    (30) Review of documents such as studies, reports, analyses, and 
the like, prepared for legislative proposals not originating in DOT and 
relating to matters which are not the primary responsibility of the 
Coast Guard. (Checklist not required.)
    (31) Planning and technical studies which do not contain 
recommendations for authorization or funding for future construction, 
but may recommend further study. This includes engineering efforts or 
environmental studies undertaken to define the elements of a proposal 
or alternatives sufficiently so that the environmental effects may be 
assessed and does not exclude consideration of environmental matters in 
the studies. (Checklist not required.)
    (32) Bridge Administration Program actions which can accurately be 
described as one of the following:
    (a) Modification or replacement of an existing bridge on 
essentially the same alignment or location. Excluded are bridges with 
historic significance or bridges providing access to undeveloped 
barrier islands and beaches.
    (b) Construction of pipeline bridges for transporting potable 
water.
    (c) Construction of pedestrian, bicycle, and/or equestrian bridges 
and stream gauging cableways used to transport people.
    (d) Temporary replacement of a bridge which commences immediately 
after a natural disaster or a catastrophic failure occurs, and such 
bridge project is related to public safety, health and welfare.
    (e) Promulgation of operating regulations or procedures for 
drawbridges.
    (f) Identification of advance approval waterways under 33 CFR 
115.70.
    (g) Any Bridge Program action which is classified as a Categorical 
Exclusion by another Department of Transportation agency acting as lead 
agency for such an action.
    (33) Preparation of guidance documents that implement, without 
substantive change, the applicable Commandant Instruction or other 
federal agency regulations, procedures, manuals, and other guidance 
documents. (Checklist not required.)
    (34) Promulgation of the following regulations (Note, when relying 
upon a CE in promulgating regulations, a Categorical Exclusion 
Determination (Enclosure 6) must be completed and filed in the 
rulemaking docket before publication of the NPRM or of the Final Rule 
without NPRM):
    (a) Regulations of an editorial or procedural nature. Examples 
include, but are not limited to, regulations addressing consolidation 
or reorganization of regulations from various parts of the CFR, 
delegations of authority, matters of internal agency organization or 
personnel administration, and changes to record keeping requirements. 
(Checklist not required.)
    (b) Regulations disestablishing, or changing the size of existing 
Special Anchorage Areas or anchorage grounds.
    (c) Regulations establishing or disestablishing security or safety 
zones.
    (d) Special local regulations issued as a condition of a granted 
regatta permit that was issued after appropriate environmental 
analysis. (Checklist not required.)
    (e) Regulations in aid of navigation, such as those concerning 
rules of the road, bridge to bridge communications, and marking of 
navigation systems.
    (35) Routine approvals of regatta and marine parade permits for 
marine events which are accurately described as follows:
    (a) Fishing tournaments involving up to approximately fifty 
powerboats (approximately 26 feet in length with engines of 
approximately 50 HP) and not more than approximately 200 spectator 
craft.
    (b) Sailing competitions or demonstrations involving up to 
approximately fifty sailboats (approximately 26 to 50 feet in length 
which may have auxiliary propulsion of approximately 50 HP) and not 
more than approximately 200 spectator craft.
    (c) Sailing competitions or demonstrations involving up to 
approximately 100 sailboats or sailboards (approximately 26 feet in 
length) and not more than approximately 200 spectator craft.
    (d) Paddling, rowing or floating competitions or demonstrations 
involving up to approximately 200 canoes, kayaks, rowboats, rowing 
sculls or rafts (approximately 26 feet in length) and not more than 
approximately 200 spectator craft.
    (e) Rowing competitions or demonstrations involving up to 
approximately 200 racing shells (approximately 60 feet in length) and 
not more than approximately 200 spectator craft.
    (f) Parades involving up to approximately 100 sailboats, 
powerboats, unpowered watercraft, or a combination thereof (of up to 
approximately 50 feet in length with up to approximately 50 HP primary 
or auxiliary propulsion), operating at no or low wake speed and not 
more than approximately 200 spectator craft.
    (g) Swimming competitions involving up to approximately 800 
swimmers and not more than approximately 200 spectator craft.
    (h) Fireworks displays over water not lasting over approximately 30 
minutes and involving not more than approximately 200 spectator craft.

    Dated: January 12, 1994.
P.A. Bunch,
Rear Admiral, U.S. Coast Guard, Chief, Office of Engineering, Logistics 
and Development.
[FR Doc. 94-1375 Filed 1-19-94; 8:45 am]
BILLING CODE 4910-14-M