[Federal Register Volume 63, Number 44 (Friday, March 6, 1998)]
[Rules and Regulations]
[Pages 11120-11121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5791]


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DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 61

AG Order No. 2142-98


National Environmental Policy Act: Categorical Exclusions

AGENCY: Department of Justice.

ACTION: Interim rule.

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SUMMARY: The Department of Justice is adding a categorical exclusion 
for actions by the Bureau of Prisons (Bureau). This new categorical 
exclusion is for actions undertaken by the Bureau that normally do no 
require the preparation of either an environmental impact statement or 
an environmental assessment, including contracts for halfway houses, 
community corrections centers, comprehensive sanction centers, 
community detention centers, or other similar facilities. The Bureau 
will continue to determine independently whether the preparation of an 
environmental impact statement or an environmental assessment is 
required for an agency action not otherwise covered by a categorical 
exclusion. In addition, when a proposed agency action that could be 
classified as a categorical exclusion involves extraordinary 
circumstances that may affect the environment, the Bureau shall conduct 
appropriate environmental studies to determine if the categorical 
exclusion classification is proper.

DATES: Effective March 6, 1998. Comments must be submitted by May 5, 
1998.

ADDRESSES: Comments must be submitted to the Rules Unit, Office of 
General Counsel, Bureau of Prisons, HOLC Room 754, 320 First Street, 
NW., Washington, DC 20534.

FOR FURTHER INFORMATION CONTACT: Roy Nanovic, Office of General 
Counsel, Bureau of Prisons, phone (202) 514-6655.

SUPPLEMENTARY INFORMATION: The Department of Justice is noting an 
amendment to the internal procedures developed by the Bureau that 
supplement the department-wide procedures for the implementation of the 
National Environmental Policy Act (NEPA). These procedures (28 CFR part

[[Page 11121]]

61) were originally published at 46 FR 7953 (Jan. 26, 1981).

    The Bureau's procedures were included as Appendix A of 28 CFR part 
61 for informational purposes. Section 9 of Appendix A identifies 
actions that normally do not require the preparation of either an 
environmental impact statement or an environmental assessment. This 
amendment adds a new paragraph (3) to Section 9 in order to 
categorically exclude contracts for certain types of facilities. These 
categorically excluded actions include contracts for halfway houses, 
community corrections centers, comprehensive sanction centers, 
community detention centers, or other similar facilities. Based upon 
the Bureau's experience in undertaking such actions in the past, no 
significant environmental impacts normally occur as a result of such 
contracts and activities. A new Section 12 is also being added 
providing that if a proposed action is not covered by Sections 8 
through 10 of the appendix, the Bureau of Prisons will independently 
determine whether to prepare either an environmental impact statement 
or an environmental assessment. In addition, when a proposed action 
that could be classified as a categorical exclusion under Section 9 of 
the appendix involves extraordinary circumstances that may affect the 
environment, the Bureau shall conduct appropriate environmental studies 
to determine if the categorical exclusion classification is proper for 
that proposed action.
    As the Department noted when initially promulgating the 
regulations, the requirements of 5 U.S.C. 553 do not apply to the 
publication of these internal procedures. The provisions of the 
Department of Justice and component procedures that provide for 
internal management of NEPA review are exempt under 5 U.S.C. 553(a)(2). 
The Department, nevertheless, is issuing this amendment as an interim 
rule in order to afford the public an opportunity to comment.
    This rule falls within a category of actions that the Office of 
Management and Budget (OMB) has determined not to constitute 
``significant regulatory actions'' under section 3(f) of Executive 
Order 12866 and, accordingly, it was not reviewed by OMB. After review 
of the law and regulations, the Attorney General herein certifies that 
this amendment, for the purpose of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.), does not have a significant impact on a 
substantial number of small entities because it pertains to the 
agency's internal management.
    This rule will not have substantial direct effects on the states, 
on the relationship between the national government and the states, or 
the distribution of power and responsibilities among the various levels 
of government. Therefore, in accordance with Section 6 of Executive 
Order 12612, the Department of Justice has determined that this rule 
does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    Interested persons may submit comments on this amendment in writing 
to the Rules Unit, Office of General Counsel, Bureau of Prisons, 320 
First Street, NW., HOLC Room 754, Washington, DC 20534. Comments 
received during the comment period will be considered before the rule 
is finalized; comments received after the deadline will be considered 
to the extent practicable. All comments received remain on file for 
public inspection at the above address.

List of Subjects in 28 CFR Part 61

    Environmental impact statements.

    Accordingly, by virtue of the authority vested in the Attorney 
General by law, including 5 U.S.C. 301 and 28 U.S.C. 509 and 510, part 
61 of title 28 of the Code of Federal Regulations is amended as 
follows:

PART 61--PROCEDURES FOR IMPLEMENTING THE NATIONAL ENVIRONMENTAL 
POLICY ACT

    1. The authority citation for 28 CFR part 61 continues to read as 
follows:

    Authority: 28 U.S.C. 509, 510; 5 U.S.C. 301; Executive Order No. 
11991.

    2. Appendix A is amended by adding a new paragraph 9.(3) and a new 
Section 12 to read as follows:

Appendix A--Bureau of Prisons--Procedures Relating to the 
Implementation of the National Environmental Policy Act

* * * * *
    9. * * *
    (3) Contracts for halfway houses, community corrections centers, 
comprehensive sanction centers, community detention centers, or other 
similar facilities.
* * * * *
    12. Review.
    (1) If a proposed action is not covered by Sections 8 through 10 of 
this appendix, the Bureau of Prisons will independently determine 
whether to prepare either an environmental impact statement or an 
environmental assessment.
    (2) When a proposed action that could be classified as a 
categorical exclusion under Section 9 of this appendix involves 
extraordinary circumstances that may affect the environment, the Bureau 
shall conduct appropriate environmental studies to determine if the 
categorical exclusion classification is proper for that proposed 
action.

    Dated: February 26, 1998.
Janet Reno,
Attorney General.
[FR Doc. 98-5791 Filed 3-5-98; 8:45 am]
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