[Federal Register Volume 61, Number 60 (Wednesday, March 27, 1996)]
[Notices]
[Pages 13563-13564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7456]



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DEPARTMENT OF TRANSPORTATION

Coast Guard
[CGD 96-011]


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 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

[[Page 13564]]

(NEPA). The change concerns the issuance of regatta and marine parade 
event permits and the promulgation of regulations issued in conjunction 
with those permits. The change is needed to avoid unnecessary or 
duplicative environmental analyses.

FOR FURTHER INFORMATION CONTACT:
Ms. Kebby Hardy, Environmental Management Division, (202) 267-6034.

SUPPLEMENTARY INFORMATION: 

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 Manual Instruction entitled ``National Environmental Policy 
Act Implementing Procedures and Policy for Considering Environmental 
Impacts'' (COMDTINST M16475.1 series). 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.e. 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 an 
Environmental Impact Statement (EIS).
    This notice announces further changes to 2.B.2.e. (35), the 
categorical exclusion that addresses the approval of regatta and marine 
parade event permits (``CE 35''), and section 2.B.2.e. (34)(h), the 
categorical exclusion that addresses the promulgation of regulations 
(special local regulations, regulated navigation areas, security zones, 
or safety zones, etc.) issued in conjunction with regatta or marine 
parade event permits (``CE 34(h)'').
    CE 35 and CE 34(h) are revised. These revisions are needed to avoid 
unnecessary environmental analyses under CE 34 and duplicative analyses 
under CE 34(h).

Discussion of Changes

    (1) Changes to CE 35.
    After conducting numerous environmental analyses (including 
programmatic environmental assessments) of regatta and marine parade 
events, the Coast Guard has concluded that these events do not normally 
have a significant impact on the environment if held away from 
environmentally sensitive areas. These areas may include, but are not 
limited to, wildlife refuges, wetlands, historic areas, and other, 
similar areas designated as environmentally sensitive by governmental 
environmental agencies. The Coast Guard also concluded that some events 
held in or near these areas, by their nature, do not have a significant 
impact. For example, it may be acceptable to hold an event in an area 
designated as environmentally sensitive if the event is rowing, 
sailing, or swimming event.
    The previous CE 35 (i.e., as amended on July 29, 1994) was based on 
the type of event; the number, type and size of the vessels expected to 
participate in the event; and the number of spectator vessels expected. 
Based on additional environmental analyses and documentation prepared 
for permitting regatta and marine parade events since the previous CE 
35 took effect, the Coast Guard concluded that the location of the 
event, in relation to environmentally sensitive areas, was a more 
accurate determining factor than the type of event or the size and 
number of vessels involved. As previously written, CE 35 tended to 
cause the preparation of unnecessary environmental assessments for 
larger events that should have been categorically exclude and, in turn, 
tended to exclude smaller events that, because of their location, might 
have justified closer environmental scrutiny.
    New CE 35(a) establishes a qualitative, environmentally-based 
threshold to categorically exclude Coast Guard approval of all regatta 
and marine parade event permits for events held in areas that are not 
environmentally sensitive. New CE 35(b) establishes a qualitative, 
environmentally-based threshold to categorically exclude Coast Guard 
approval of regatta and marine parade event permits for events to be 
held in environmentally sensitive areas when the proposed marine event 
is determined to have no significant environmental effects. New CE 35 
eliminates the need for additional time and resources to analyze the 
environmental effects of marine event permits that were found to be 
environmentally benign.
    2. CE 34(h).
    CE 34(h) is amended to provide that, if the environmental analysis 
conducted for a regatta or marine parade event permit includes an 
analysis of the impact of regulations, if any, issued in conjunction 
with the permit, the regulations themselves do not have to be analyzed 
again. The previous CE 34(h) was not clear on this point and could be 
construed to require duplicate analyses.

Relation of New Provisions to the Rest of Section 2.B.2

    New CE 34(h) and CE (35) will continue to be applied in conjunction 
with the requirements of section 2.B.2., including section 
2.B.2.b.,which sets forth the limitations on using categorical 
exclusions, and section 2.B.2.c., which sets forth the documentation 
requirements. The limitations in section 2.B.2.b. will continue to 
require either an environmental assessment or impact statement when the 
event will result in potentially significant impacts resulting from 
either the participants (e.g., noise or emissions) or the spectators 
(e.g., air impacts of potential traffic jams or solid waste 
generation).
    For the reasons set out in the preamble, the Cost Guard announces 
the following amendments to sections 2.B.2.e.(34)(h) and 2.B.2.e.(35) 
of COMDTINST M16475.1B:

2.B.2.e. Categorical Exclusion List

* * * * *
    (34) * * *
    (h) Special local regulations issued in conjunction with a regatta 
or marine parade; provided that, if a permit is required, the 
environmental analysis conducted for the permit included an analysis of 
the impact of the regulations. (Checklist and CED not required.)
* * * * *
    (35) Approvals of regatta and marine parade event permits for the 
following events:
    (a) Events that are not located in, proximate to, or above an area 
designated as environmentally sensitive by an environmental agency of 
the Federal, State, or local government. For example, environmentally 
sensitive areas may include such areas as critical habitats or 
migration routes for endangered or threatened species or important fish 
or shellfish nursery areas.
    (b) Events that are located in, proximate to, or above an area 
designated as environmentally sensitive by an environmental agency of 
the Federal, State, or local government and for which the Coast Guard 
determines, based on consultation with the Governmental agency, that 
the event will not significantly affect the environmentally sensitive 
area. (Checklist and CED required.)

    Dated: March 22, 1996
E.J. Barrett,
RADM, Chief, Systems Directorate.
[FR Doc. 96-7456 Filed 3-26-96; 8:45 am]
BILLING CODE 4910-14-M