[Federal Register Volume 64, Number 149 (Wednesday, August 4, 1999)]
[Notices]
[Pages 42340-42341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20032]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[Docket No. 980817219-8219-01. I.D. 073099A]
RIN 0648-AL58


Procedures Implementing the National Environmental Policy Act

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Commerce.

ACTION: Notice of Availability; final revised environmental review 
procedures for NOAA.

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SUMMARY: This document announces the availability of final revised 
environmental review procedures for implementing the National 
Environmental Policy Act (NEPA) within the National Oceanic and 
Atmospheric Administration. The revisions update the agency's original 
procedures published in 1984, based on changing Agency direction, laws, 
and public concerns. The revisions reflect new initiatives and mandates 
for NOAA, particularly involving the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), Endangered 
Species Act, and Marine Mammal Protection Act. The revisions provide 
information on preparing NEPA documents and streamlining of NEPA and 
other analyses or documents within NOAA.

DATES: September 3, 1999.

FOR FURTHER INFORMATION CONTACT: Ramona Schreiber or Steve Kokkinakis, 
Office of Policy and Strategic Planning, 202-482-5181. A copy of the 
final revised NOAA Administrative Order (NAO) 216-6 is available from 
the contacts listed here or via the Internet at: http://
www.rdc.noaa.gov/nao/216-6.html.

SUPPLEMENTARY INFORMATION: NOAA's existing environmental review 
procedures for implementing NEPA appear in NAO 216-6. These procedures 
are consistent with the Council on Environmental Quality's (CEQ) 
regulations for implementing NEPA. NOAA's procedures were last revised 
in 1991. Consistent with CEQ regulation (40 CFR 1507.3(a)), NOAA 
published a Notice of Availability in the Federal Register on October 
28, 1998 (FR 57664). That document announced the availability of draft 
revisions to NAO 216-6. Three sets of public comments were received and 
considered in the preparation of the final revised NAO 216-6. No 
modifications to the draft guidelines were necessary as a result of the 
comments received. NOAA has also consulted with CEQ prior to finalizing 
the revised NAO 216-6.

Comments and Responses

    Comment 1: Two comments recommended that NOAA make its procedures 
regarding Endangered Species Act (ESA)-related categorical exclusions 
consistent with those of the U.S. Fish and Wildlife Service (USFWS). 
Specifically, USFWS authorizes categorical exclusions for conservation 
agreements that require an incidental take statement; the commenter 
suggests that NOAA do the same. In addition, one comment suggested that 
NOAA align its overall ESA-related guidelines to match USFWS guidance.
    Response: NOAA recognizes that its guidance regarding conservation 
agreements differs slightly from that of the USFWS. NOAA's procedures 
describe cases where an incidental take statement for a conservation 
agreement may receive a categorical exclusion, when the statement is 
considered to be a ``low-effect''. In those cases a categorical 
exclusion may be appropriate. Requirement of an environmental 
assessment for those conservation agreements that receive an incidental 
take statement for a greater effect is consistent with NOAA's ESA 
implementation guidelines. A modification of NOAA's procedures was not 
considered appropriate. NOAA coordinates with USFWS on many actions, 
however each agency has its independent policies. Thus, NOAA and USFWS 
may provide differing guidance

[[Page 42341]]

on certain actions in line with each agency's policy position.
    Comment 2: A comment recommended that to facilitate public 
involvement, a mechanism should be provided to extend the 45-day public 
comment period when appropriate.
    Response: NOAA recognizes that in some cases comment periods for 
review of draft environmental impact statements (EIS) should be 
extended beyond the minimum required 45-day period. NOAA's procedures 
recommend that this action be taken when appropriate. A mechanism to 
extend a comment period exists through notice of extensions via a 
publication of a notice of availability in the Federal Register.
    Comment 3: A comment suggested that NOAA's procedures require 
consideration of impacts on state Coastal Zone Management Plans, 
species listed under the Endangered Species Act, and essential fish 
habitat as defined by the Magnuson-Stevens Act be a required part of an 
EIS.
    Response: NOAA agrees that these areas should be considered in the 
development of an EIS. In fact, NOAA's procedures identify these and 
other factors as areas that should be considered in scoping. Where 
scoping identifies these areas as relevant to the specific action, 
these factors should be addressed within the EIS.
    Comment 4: A comment stated that there is not adequate emphasis for 
the need to produce NEPA documents concurrently with other review 
documents.
    Response: NOAA's procedures provide recommendations to integrate 
NEPA into NOAA's decisionmaking process. In addition, the procedures 
recommend measures to cooperate with other federal, state and tribal 
partners to reduce duplication in document preparation.
    Comment 5: A comment suggested that the examples cited for the 
application of generic NEPA documents are inappropriate.
    Response: The examples identified in the procedures are 
representative of actions by other Federal agencies that have completed 
generic NEPA documents or of actions that NOAA believes, in certain 
instances, could be best addressed in a generic EIS. Where a specific 
action was under review, a generic EIS would not be appropriate and 
NOAA would complete an EIS specific to that action with adequate review 
of all potential impacts.
    The revisions are administrative and procedural improvements 
intended to enhance NOAA's ability to comply with a variety of 
legislative mandates and Executive Orders without unnecessarily 
delaying and duplicating steps in the decision-making process while 
ensuring public involvement in decisionmaking. These improvements will 
result in a better understanding of agency roles and responsibilities 
relative to NEPA.
    Notable changes in this version of NAO-216-6 from the 1991 
procedures include: reorganization of the document such that users can 
review the general requirements for preparing NEPA documents, as well 
as specific guidance on NEPA requirements for particular programs and 
activities within NOAA; incorporation of new policies and procedures to 
streamline and improve NOAA's NEPA compliance; specific guidance for 
NOAA's NEPA responsibilities under the Magnuson-Stevens Act, Endangered 
Species Act, Marine Mammal Protection Act, and Oil Pollution Act; and 
incorporation of NOAA's requirements under E.O. 12898 for Environmental 
Justice in Minority Populations and Low-Income Populations, E.O. 13112 
for Invasive Species, and E.O. 13089 for Coral Reef Protection; and 
guidance on NOAA facilities and construction projects.
    This document is available by request through the contact 
identified previously as well as via the Internet at: http://
www.rdc.noaa.gov/nao/216-6.html.

Classification

    This action has been determined to be not significant for purposes 
of Executive Order 12866.
    The Assistant General Counsel for Legislation and Regulation 
certified to the Chief Counsel for Advocacy, Small Business 
Administration, that this rule will not have a significant economic 
impact on a substantial number of small entities because it is a 
procedural rule, and it will have no economic impact on entities. 
Therefore, a Regulatory Flexibility Analysis is not required and was 
not prepared.

    Dated: July 27, 1999.
Susan Fruchter,
Director, Office of Policy and Strategic Planning, National Oceanic and 
Atmospheric Administration.
[FR Doc. 99-20032 Filed 8-3-99; 8:45 am]
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