[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Proposed Rules]
[Pages 13928-13929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6366]



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DEPARTMENT OF AGRICULTURE
Rural Housing and Community Development Service
Rural Business and Cooperative Development Service
Rural Utilities Service
Consolidated Farm Service Agency

7 CFR Part 1940

RIN 0575-AB66


Environmental Program

AGENCIES: Rural Housing and Community Development Service, Rural 
Business and Cooperative Development Service, Rural Utilities Service, 
and Consolidated Farm Service Agency, USDA.

ACTION: Proposed rule.

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SUMMARY: The Agencies propose to revise their Environmental regulation. 
This action is necessary to streamline the environmental review 
process. The intended effect of this action is to provide guidance on 
sending individual copies of notices to affected property owners when 
utility systems are involved.

DATES: Comments must be received on or before May 15, 1995.

ADDRESSES: Submit written comments in duplicate to the office of the 
Chief, Regulations Analysis and Control Branch, Rural Economic and 
Community Development, U.S. Department of Agriculture, Room 6348, South 
Agriculture Building, 14th Street and Independence Avenue SW., 
Washington, D.C. 20250-0700.

FOR FURTHER INFORMATION CONTACT: Donald O. Lander, Senior Environmental 
Protection Specialist, Environmental Support Branch, Program Support 
Staff, Rural Housing and Community Development Service, U.S. Department 
of Agriculture, Room 6309, South Agriculture Building, 14th Street and 
Independence Avenue SW., Washington, D.C. 20250-0700; telephone (202) 
720-9619.

SUPPLEMENTARY INFORMATION:

Classification

    We are issuing this proposed rule in conformance with Executive 
Order 12866, and the Office of Management and Budget (OMB) has 
determined that it is a ``significant regulatory action''.

Intergovernmental Consultation

    This rule affects the following Agency programs as listed in the 
Catalog of Federal Domestic Assistance (CFDA):

10.760--Water and Waste Disposal Systems for Rural Communities
10.762--Solid Waste Management Grants
10.763--Emergency Community Water Assistance Grants
10.766--Community Facilities Loans
10.770--Water and Waste Disposal Loans and Grants (Section 306C)

    Executive Order 12372 requires intergovernmental consultation with 
State and local officials. Of the FmHA programs affected by this rule, 
the following are subject to the provisions of Executive Order 12372: 
10.760, 10.763, 10.766, and 10.770.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
602), the undersigned has determined and certified by signature of this 
document that this rule will not have a significant economic impact on 
a substantial number of small entities since this rulemaking action 
does not involve a new or expanded program. Therefore a regulatory 
flexibility analysis was not prepared.

Civil Justice Reform

    This document has been reviewed in accordance with Executive Order 
12778. It is the determination of the Agencies that this action does 
not unduly burden the Federal Court System in that it meets all 
applicable standards provided in Section 2 of the Executive Order.

Environmental Impact Statement

    This document has been reviewed in accordance with 7 CFR part 1940, 
subpart G, ``Environmental Program.'' The Agencies have determined that 
this action does not constitute a major Federal action significantly 
affecting the quality of the human environment, and in accordance with 
the National Environmental Policy Act of 1969, Pub. L. 91-190, an 
Environmental Impact Statement is not required.

Paperwork Reduction Act

    The information collection requirements contained in this 
regulation have been approved by the Office of Management and Budget 
(OMB) under the provisions of 44 U.S.C. Chapter 35 and have been 
assigned OMB control number 0575-0094 in accordance with the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3507). This proposed rule does not 
revise or impose any new information collection or recordkeeping 
requirement from those imposed by OMB.

Background

    Section 1940.331 describes the public notice requirements for 
actions undergoing an environmental review by the Agencies.
    In Sec. 1940.331(b)(4) there has been confusion about identifying 
the names and mailing addresses of individual property owners who may 
be affected by a project when large areas of important land resources 
may be affected. This confusion has caused delays and added expense in 
the preparation and review of Class I and Class II environmental 
assessments for those projects.
    The regulation is proposed to be revised to allow the State 
Environmental Coordinator to select the methods for notifying affected 
property owners, and to provide examples of some other methods that may 
be considered.

[[Page 13929]]

List of Subjects in 7 CFR Part 1940

    Endangered and threatened wildlife, Environmental protection, 
Floodplains, National Wild and Scenic Rivers System, Natural resources, 
Recreation, Water supply.

    Accordingly, the Agencies propose to amend chapter XVIII, title 7, 
Code of Federal Regulations as follows.

PART 1940--GENERAL

    1. The authority citation for part 1940 continues to read as 
follows:

    Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR 
2.23 and 2.70.

Subpart G--Environmental Program

    2. Section 1940.331 is amended by revising paragraph (b)(4) to read 
as follows:


1940.331  Public involvement.

* * * * *
    (b) * * *
    (4) The public notice procedures for actions that will affect 
floodplains, wetlands, important farmland, prime rangelands, or prime 
forest lands are contained in exhibit C of this subpart. These 
procedures apply to actions that require either an EIS, Class II 
assessment or Class I assessment. However, whenever an action normally 
classified as a categorical exclusion requires a Class I assessment 
because of a potential impact to one of these important land resources, 
no public notice procedures apply in the course of completing the Class 
I assessment. When applicable to an action, as specified in exhibit C 
of this subpart, these public notice procedures can apply at two 
distinct stages. The first stage, a preliminary notice, is followed by 
a 30 day public review period, and applies to actions that may impact 
any of the five important land resources. The second stage, a final 
notice, is followed by a fifteen-day public review period, and applies 
only to actions that will impact floodplains or wetlands. For Class II 
actions, this final notice procedure must be combined with any 
applicable finding of no significant environmental impact, which is 
described in paragraph (b)(3) of this section. Individual copies of the 
preliminary and final notices will be sent to the same parties that are 
required to be sent a notice of a finding of no significant impact, as 
specified in paragraph (b)(3) of this section, with the following 
exceptions:
    (i) Whenever property owners affected by proposed mitigation 
measures, such as proposed hook-up restrictions on portions of water or 
sewer lines that will traverse floodplains, are advised of these 
proposed mitigation measures in a preliminary notice, these property 
owners need not be sent copies of the final notice as long as the 
mitigation measures in the final notice are unchanged from the 
preliminary notice and no property owners raised objections or concerns 
over the proposed mitigation measures.
    (ii) With respect to utility systems, notification of affected 
property owners will normally be achieved by distributing an individual 
copy of the public notice. However, when the SEC determines that this 
method would result in an excessive burden on the applicant, 
notification may be achieved by another method or a combination of 
methods tailored to the specific needs of the particular case. For 
example, in lieu of being individually identified, affected property 
owners may be notified by a mass mailing to all of the taxpayers in 
each of the taxing areas through which the system will pass. On the 
other hand, if the system traverses coterminous taxing areas, with the 
smaller area not completely describing the service area of the utility 
system, affected property owners might be notified by a mass mailing to 
the small taxing area plus identifying the remaining affected property 
owners to receive an individual copy. The objective is to notify all 
property owners affected by the action and offer them an opportunity to 
comment on the action. If affected property owners are not individually 
notified, the SEC shall document as part of the environmental review 
file, why individual notification is not being used and what other 
methods will be used to achieve the stated objective.
* * * * *
    Dated: February 27, 1995.
Michael V. Dunn,
Acting Under Secretary for Rural Economic and Community Development.
[FR Doc. 95-6366 Filed 3-14-95; 8:45 am]
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