[Federal Register Volume 61, Number 237 (Monday, December 9, 1996)]
[Notices]
[Pages 64858-64860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31143]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
Authorization Under the U.S. Army Corps of Engineers Nationwide
General Permit Program of the U.S. Department of Transportation, U.S.
Coast Guard Categorical Exclusions for Certain Activities Requiring
Department of the Army Authorization
AGENCY: Army Corps of Engineers, DoD.
ACTION: Notice.
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SUMMARY: The purpose of this notice is to provide the U.S. Army Corps
of Engineers Regulatory Guidance Letter (RGL) regarding the U.S. Coast
Guard categorical exclusions (CEs), which have been authorized under
the Corps nationwide general permit number 23. The U.S. Coast Guard
previously developed its CEs pursuant to the Council on Environmental
Quality Regulation for Implementing the Procedural Provisions of the
National Environmental Policy Act (NEPA) (40 CFR part 1500 et seq.).
DATES: Effective date, November 5, 1996.
FOR FURTHER INFORMATION CONTACT:
Mr. Victor Cole, Regulatory Branch, Office of the Chief of Engineers,
at (202) 761-0199.
SUPPLEMENTARY INFORMATION: The U.S. Coast Guard has requested Corps
authorization, in accordance with the Corps nationwide general permit
number 23, of its CEs originally published in the Federal Register on
July 29, 1994 (59 FR 38654), and subsequently modified on September 6,
1995 (60 FR 46327), June 20, 1995 (60 FR 32197), and March 27, 1996,
(61 FR 13563). The Corps issued the nationwide general permit to reduce
duplicative Federal processes when another Federal agency has
determined that certain activities are categorically excluded from a
detailed NEPA analysis, and to expedite Department of the Army
authorization for projects having no more that minimal adverse
environmental effects either individually or cumulatively.
In 1983, the Corps approved the original U.S. Coast Guard CEs (45
FR 32819) under the nationwide permit and has been qualifying U.S.
Coast Guard CE activities under the nationwide permit since then. We
are publishing the existing U.S. Coast Guard CEs in their entirety,
incorporating the subsequent changes made by the U.S. Coast Guard as
identified in the Federal Register citations listed above. Several of
the categorical exclusions do not require Department of the Army
authorization but are listed to provide the complete
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listing and same numbering system as the U.S. Coast Guard CEs.
Information regarding the establishment of the CEs by the U.S. Coast
Guard can be found in the Federal Register citations above.
The Corps provided notice [60 FR 18573, April 26, 1996] and
requested comment on the appropriateness of the CEs for nationwide
general permit authorization in accordance with Section 404 of the
Clean Water Act (33 U.S.C. 1344) and Section 10 of the Rivers and
Harbors Act of 1899 (33 U.S.C. 403), including any appropriate
conditions or restrictions to such authorization. Only one comment was
received. The U.S. Department of the Interior, National Parks Service,
commented stating they had no comment on the proposal.
The Corps has reviewed the U.S. Coast Guard CEs and concurs with
their determinations and we are hereby authorizing these activities in
accordance with nationwide permit number 23, with appropriate
nationwide permit general conditions and, including the requirement to
notify the appropriate Corps office prior to initiation of work under
CE numbers (6) and (8). A notification is necessary to address
potential impacts to wetlands under CE number (6) and impacts/
encroachment on Federal navigation projects for activities under CE
number (8).
Dated: November 5, 1996.
Daniel R. Burns,
Chief, Operations, Construction, and Readiness Division, Directorate of
Civil Works.
RGL 96-1, Date: 5 Nov 1996; Expires: 31 December 2001
Subject: Use of Nationwide Permit Number 23 for U.S. Coast Guard
Categorical
Exclusions
1. We have concurred with the categorical exclusions (CE)
(enclosure) submitted by the U.S. Coast Guard pursuant to the
subject nationwide permit number 23 at 33 CFR Part 330, including a
notification requirement for CE numbers (6) and (8). The U.S. Army
Corps of Engineers published the Coast Guard CEs in 61 FR 18573,
April 26, 1996, for comment regarding the applicability of
nationwide permit number 23 for those activities requiring
Department of the Army authorization. This Regulatory Guidance
Letter supersedes the U.S. Coast Guard CEs previously approved under
nationwide permit number 23 in accordance with Regulatory Guidance
Letter 83-5, dated April 18, 1983.
2. The Corps has conditioned the nationwide permit to require
notification to the appropriate Corps office prior to beginning work
under U.S. Coast Guard CE number (6) to address potential impacts to
wetlands (notification is only required to the Corps for projects
where wetlands impacts are proposed) and number (8) to address
potential impacts/encroachment on Federal navigation projects. The
District Engineer will review the notification and will either
verify whether the activity meets the terms and conditions of
nationwide permit 23, will require evaluation under standard permit
procedures, or that additional conditioning of the activity is
necessary to ensure that no unacceptable adverse effects will result
to wetlands for projects under CE number (6) or to a Federal
navigation project under CE number (8). Authorization of the U.S.
Coast Guard CEs does not restrict the Division or District
Engineers' authorities to exercise discretionary authority, or the
Corps modification, suspension or revocation procedures. Development
of local procedures to streamline coordination is encouraged where a
Corps division or district further conditions the nationwide permit
to require a notification for additional activities.
3. It should be noted that the U.S. Coast Guard provided a
complete listing of CEs, including many that do not require
Department of the Army authorization. However, to reduce confusion
when referencing the CE number, we have included all U.S. Coast
Guard CEs in the enclosure.
4. This guidance expires December 31, 2001, unless sooner
revised or rescinded.
For the Director of Civil Works.
Daniel R. Burns,
Chief, Operations, Construction, and Readiness Division, Directorate of
Civil Works.
Enclosure RGL 96-1
U.S. Coast Guard Categorical Exclusion List
The following is a consolidated list prepared from the U.S.
Coast Guard Federal Register notices (59 FR 38654, July 29, 1994, 60
FR 46327, September 6, 1995, 60 FR 32197, June 20, 1995, and 61 FR
12563, March 27, 1996). The list does not include the procedures the
U.S. Coast Guard must follow to determine whether certain activities
qualify for a categorical exclusion. Activities conducted under
number (8) require notification to the U.S. Army Corps of Engineers
prior to initiation of work.
(1) Routine personnel, fiscal, and administrative activities,
actions, procedures, and policies which clearly do not have any
environmental impacts, such as military and civilian personnel
recruiting, processing, paying, and recordkeeping.
(2) Routine procurement activities and actions for goods and
services, including office supplies, equipment, mobile assets, and
utility services for routine administration, operation, and
maintenance.
(3) Maintenance dredging and debris disposal where no new depths
are required, applicable permits as secured, and disposal will be at
an existing approved disposal site.
(4) Routine repair, renovation, and maintenance actions on
aircraft and vessels.
(5) Routine repair and maintenance of buildings, roads,
airfields, grounds, equipment, and other facilities which do not
result in a change in functional use, or an impact on a historically
significant element or settings.
(6) Minor renovations and additions to buildings, roads,
airfields, equipment, and other facilities which do not result in a
change in functional use, a historically significant element, or
historically significant setting. (When wetland impacts are
proposed, notification is required to the appropriate office of U.S.
Army Corps of Engineers prior to initiation of work)
(7) Routine repair and maintenance to waterfront facilities,
including mooring piles, fixed floating piers, existing piers, and
unburied power cables.
(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. (Notification is required to the appropriate
office of U.S. Army Corps of Engineers prior to initiation of work)
(9) Routine grounds maintenance and activities at units and
facilities. Examples include localized pest management actions and
actions to maintain improved grounds (such as landscaping, lawn care
and minor erosion control measures) that are conducted in accordance
with applicable Federal, State, and local directives.
(10) Installation of devices to protect human or animal life,
such as raptor electrocution prevention devices, fencing to restrict
wildlife movement on to 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 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 when conducted in accordance with regulations applying to
removal of asbestos, PCB's, and other hazardous materials, or
disposal actions mandated by Congress. In addition, if the building
or structure is listed, or eligible for listing, in the National
Register of Historic Places, then compliance with section 106 of the
National Historic Preservation Act is required.
(14) Outleasing of historic lighthouse properties as outlined in
the Programmatic Memorandum of Agreement between the U.S. Coast
Guard, Advisory Council on Historic Preservation, and the National
Conference of State Historic Preservation Officers.
(15) Transfer of real property from the U.S. 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.
(17) New grants or renewal of existing grants of license,
easements, or similar
[[Page 64860]]
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
irrigation facilities; and for similar utility and transportation
uses.
(18) Defense preparedness training and exercises conducted on
other than U.S. Coast Guard property, where the lead agency or
department is not U.S. Coast Guard or Department of Transportation
and the lead agency or department has completed its NEPA analysis
and documentation requirements.
(19) Defense preparedness training and exercise conducted on
U.S. Coast Guard property that do not involve undeveloped property
or increase noise levels over adjacent property and that involve a
limited number of personnel, such as exercises involving primarily
electric simulation or command post personnel.
(20) Simulated exercises, including tactical and logistical
exercises that involve small numbers of personnel.
(21) Training of an administrative or classroom nature.
(22) Operations to carry out maritime safety, maritime law
enforcement, search and rescue, domestic ice breaking, and oil or
hazardous substance removal programs.
(23) Actions performed as a part of U.S. Coast Guard operations
and the Aids to Navigation Program to carry out statutory authority
in the area of establishment of floating and minor fixed aids to
navigation, except electronic sound signals.
(24) Routine movement of personnel and equipment, and the
routine movement, handling, and distribution of nonhazardous
materials and wastes in accordance with applicable regulations.
(25) U.S. Coast Guard participation in disaster relief efforts
under the guidance or leadership of another Federal agency that has
taken responsibility for NEPA compliance.
(26) Data gathering, information gathering, and studies that
involve no physical change to the environment. Examples include
topographic surveys, bird counts, wetland mapping, and other
inventories.
(27) Natural and cultural resource management and research
activities that are in accordance with interagency agreements and
which are designed to improve or upgrade the U.S. Coast Guard's
ability to manage those resources.
(28) Contracts for activities conducted at established
laboratories and facilities, to include contractor-operated
laboratories and facilities, on U.S. 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 U.S. Coast
Guard unit picnic) which do not involve significant physical
alteration of the environment, increase disturbance by humans of
sensitive natural habitats, or 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, and
analyses, prepared for legislative proposals that did not originate
in DOT and that relate to matters that are not the primary
responsibility of the U.S. Coast Guard.
(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.
(32) Bridge Administration Program actions which can 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. (Approach fills regulated
by the U.S. Army Corps of Engineers under Section 404 of the Clean
Water Act will require a separate individual or general permit.)
(b) Construction of pipeline bridges for transporting potable
water.
(c) Construction of pedestrian, bicycle, or equestrian bridges
and stream gauging cableways used to transport people.
(d) Temporary replacement of a bridge immediately after a
natural disaster or a catastrophic failure for reasons of public
safety, health, or 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 CE by
another Department of Transportation agency acting as lead agency
for such 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.
(34) Promulgation of the following regulations:
(a) Regulations which are editorial or procedural, such as those
updating addresses or establishing application procedures.
(b) Regulations concerning internal agency functions or
organization or personnel administration, such as funding,
establishing Captain of the Port boundaries, or delegating
authority.
(c) Regulations concerning the training, qualifying, licensing,
and disciplining of maritime personnel.
(d) Regulations concerning manning, documentation,
admeasurement, inspection, and equipping of vessels.
(e) Regulations concerning equipment approval and carriage
requirements.
(f) Regulations establishing, disestablishing, or changing the
size of Special Anchorage Areas or anchorage grounds.
(g) Regulations establishing, disestablishing, or changing
Regulated Navigation Areas and security or safety zones.
(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.
(i) Regulations in aid of navigation, such as those concerning
rules of the road, International Regulations for the Prevention of
Collisions at Sea (COLREGS), bridge-to-bridge communication, vessel
traffic services, and marking of navigation systems.
(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 U.S.
Coast Guard determines, based on consultation with the Government
agency, that the event will not significantly affect the
environmentally sensitive area.
[FR Doc. 96-31143 Filed 12-6-96; 8:45 am]
BILLING CODE 3710-92-M