[Federal Register Volume 60, Number 172 (Wednesday, September 6, 1995)]
[Notices]
[Page 46327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22026]



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DEPARTMENT OF TRANSPORTATION
Coast Guard
[CGD 95-064]


National Environmental Policy Act: Agency Procedures for 
Categorical Exclusions

AGENCY: Coast Guard, DOT.

ACTION: Notice of agency policy.

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SUMMARY: The Coast Guard is announcing a change to its policy 
concerning agency actions that are categorically excluded from 
additional environmental analysis under the National Environmental 
Policy Act (NEPA). The change concerns operations to carry out maritime 
safety, maritime law enforcement, search and rescue, domestic ice 
breaking, and oil or hazardous substance removal programs.

FOR FURTHER INFORMATION CONTACT:
Mr. David Reese, Environmental Compliance and Restoration Branch, (202) 
267-1942.

SUPPLEMENTARY INFORMATION:

Background

    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). On July 29, 1994, the Coast Guard 
published a notice in the Federal Register (59 FR 38654) announcing the 
revision of section 2.B.2 of the instruction. Section 2.B.2 lists the 
proposed agency actions that are categorically excluded from the 
requirement that the actions undergo the analysis that accompanies 
preparation of an Environmental Assessment (EA) or Environmental Impact 
Statement (EIS).

Discussion of Change

    The Coast Guard is amending section 2.B.2.e.(22) (the section) of 
COMDTINST M16475.1B, which categorically excludes 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. It is being amended to remove the phase ``that have been 
the subject of a programmatic NEPA analysis and documentation.''
    A review of the implementation of the section disclosed that the 
phrase ``that have been the subject of a programmatic NEPA analysis and 
documentation'' imposes a requirement for a specific level of NEPA 
analysis and documentation (i.e., a programmatic level) that may not be 
necessary or appropriate for the actions included in the section. By 
removing the phrase, the Coast Guard can eliminate unnecessary 
documentation and provide itself flexibility in determining the 
appropriate means of complying with NEPA for the listed activities. By 
removing the phrase, the Coast Guard will have the flexibility to use 
the section, a programmatic EA or EIS, or an EA or EIS for the specific 
activity, depending on the nature of the activity being planned. This 
change also brings the section more in line with the stated purpose and 
intent of NEPA and the Council on Environmental Quality regulations, 
which include the requirement in 40 CFR part 1500.4(p) to reduce 
excessive paperwork by using categorical exclusions to define 
categories of actions which do not individually or cumulatively have a 
significant effect on the human environment. This change does not 
effect the Coast Guard's responsibility to comply fully with NEPA 
before engaging in an activity listed in the section. It can be applied 
only if there are no extraordinary circumstances, as described in 
section 2.B.2.b., that would limit its use.
    For the reasons set out in the preamble, the Coast Guard announces 
the following amendment to section 2.B.2.e.(22) of COMDTINST M16475.1B:

2.B.2.e. Categorical Exclusion List

* * * * *
    (22) Operations to carry out maritime safety, maritime law 
enforcement, search and rescue, domestic ice breaking, and oil or 
hazardous substance removal programs.
* * * * *
    Dated: August 30, 1995.
RADM Edward J. Barrett,
Chief, Office of Engineering Logistics and Development.
[FR Doc. 95-22026 Filed 9-5-95; 8:45 am]
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