[Federal Register Volume 64, Number 170 (Thursday, September 2, 1999)]
[Proposed Rules]
[Pages 48124-48126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22823]


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POSTAL SERVICE

39 CFR Part 776


Floodplain and Wetland Procedures

AGENCY: Postal Service.

ACTION: Proposed rule.

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SUMMARY: This proposal would revise existing procedures for the 
acquisition and management of real property and construction of 
facilities in floodplains and wetlands. These proposed changes would 
simplify and clarify the responsibilities of the Postal Service with 
regard to public notification and procedures to be followed when 
evaluating postal facility actions that may involve construction 
projects in floodplains or wetlands.

DATES: Comments must be submitted on or before October 4, 1999.

ADDRESSES: Written comments should be directed to the Manager, Real 
Estate, Facilities, 4301 Wilson Blvd, Suite 300, Arlington, VA 22203-
1861.

FOR FURTHER INFORMATION CONTACT: Technical information: Hank 
Burmeister, (201) 714-5431. Legal information: Jeff Meadows, (202) 268-
3009.

SUPPLEMENTARY INFORMATION: The Postal Service is proposing to clarify 
and simplify its regulations concerning its internal evaluation and 
decision-making processes for constructing facilities in floodplain and 
wetland areas, while ensuring public input and notice of these 
decisions. Experience over the years has demonstrated that the current 
regulations in many cases do not address the needs of local 
communities.
    The Postal Service must balance local needs with its national 
mandate to provide universal, prompt, and efficient mail service while 
complying with environmental protection policies. Often the only 
suitable and available property requires construction in a floodplain 
or wetland. In these situations, an analysis which presumes that the 
Postal Service has an unlimited number of options available to provide 
community postal services is inefficient.
    The proposed floodplain regulations would apply to construction of 
new postal facilities in floodplains. They would also apply to other 
construction projects, including the expansion or renovation of 
existing facilities, which would increase the amount of impervious area 
in a floodplain, such as paving over a dirt and gravel parking lot. 
However, the procedural requirement to conduct a no practicable 
alternatives analysis will not apply to every construction project 
located in a floodplain. For example, it would not apply to 
construction or improvements to facilities such as boat docks and 
piers, which necessarily have to be placed in the floodplain, or to new 
construction of facilities where all contending sites are located in 
the floodplain. The no practicable alternatives analysis also would not 
apply where the entire preferred area for the location of a postal 
facility, whether expanded, renovated, or replaced, is in the 
floodplain.
    These regulations attempt to balance the need to limit development 
in floodplains while addressing community inputs and needs. The Postal 
Service will continue to review the potential environmental impacts and 
effects of facility actions and to incorporate appropriate mitigation 
measures into facilities projects.
    The wetland regulations, based on Executive Order (EO) 11990, are 
being simplified and clarified to separate them from the floodplain 
requirements, based on EO 11988. EO 11990 directs all federal agencies 
to avoid destruction or modification of wetlands whenever a practicable 
alternative can be found. The proposed regulations separate the 
requirements and procedures for floodplains and wetlands. These 
proposed regulations do not alter the basic procedure the Postal 
Service follows pursuant to EO 11990. For example, if the construction 
is proposed in a wetland, the Postal Service must still issue a written 
determination that there is no practicable alternative to such 
construction and that the proposed action includes all practicable 
mitigation measures. The Postal Service will continue to review the 
potential environmental impacts and effects of facility actions in 
wetlands and incorporate appropriate mitigation measures.
    Although exempt from the notice and comment requirements of the 
Administrative Procedure Act (5 U.S.C. 553(b), (c) regarding proposed 
rulemaking) by 39 U.S.C. 410(a), the Postal Service invites comments on 
the following proposed amendments to part 776 of subchapter K of title 
39, Code of Federal Regulations.

List of Subjects in 39 CFR Part 776

    Floodplains, Postal Service.

    For the reasons discussed in the preamble, the Postal Service 
proposes to revise title 39 CFR part 776 to read as follows:

[[Page 48125]]

PART 776--FLOODPLAIN AND WETLAND PROCEDURES

Subpart A--General Provisions

Sec.

776.1  Purpose and policy.
776.2  Responsibility.
776.3  Definitions.

Subpart B--Floodplain Management

776.4  Scope.
776.5  Review procedures.
776.6  Design requirements for construction.
776.7  Lease, easement, right-of-way, or disposal of property to 
non-federal parties.

Subpart C--Wetlands Protection

776.8  Scope.
776.9  Review procedures.
776.10  Lease, easement, right-of-way, or disposal of property to 
non-federal parties.

    Authority: 39 U.S.C. 401.


Sec. 776.1  Purpose and policy.

    (a) The regulations in this part implement the goals of Executive 
Orders 11990, Protection of Wetlands, and 11988, Floodplain Management, 
and are adopted pursuant to the Postal Reorganization Act, as the 
Postal Service does not meet the definition of the term ``agency'' used 
in the Executive Orders.
    (b) The Postal Service intends to exercise leadership in the 
acquisition and management of real property, construction of 
facilities, and disposal of real property, located in floodplains and 
wetlands. Consistent with the goals of the Executive Orders, the 
regulations in this part are not intended to prohibit floodplain and 
wetland development in all circumstances, but rather to create a 
consistent policy to minimize adverse impacts.


Sec. 776.2  Responsibility.

    The appropriate Manager, Facilities Service Office, or functional 
equivalent within the Postal Service's facilities organization, in 
conjunction with the appropriate Vice President, Area Operations, or 
functional equivalent within the Postal Service's operations 
organization, are responsible for overall compliance with the 
regulations in this part pertaining to facilities projects. The Vice 
President, Area Operations, is responsible for compliance with these 
regulations for those projects within the Vice President's delegated 
authority.


Sec. 776.3  Definitions.

    Construction means construction, alterations, renovations, and 
expansions of buildings, structures, and improvements.
    Contending site means a site or existing building for a proposed 
postal facility action, which meets the requirements of the Postal 
Service as determined by the operations organization.
    Facility means any building, appurtenant structures, or associated 
infrastructure.
    Floodplain means the lowland and relatively flat areas adjoining 
inland and coastal waters including flood-prone areas of offshore 
islands, including, at a minimum, those areas subject to a one percent 
or greater chance of flooding in any given year (also known as a 100-
year floodplain).
    Practicable means capable of being accomplished within existing 
constraints. The test of what is practicable depends on the situation 
and includes consideration of many factors, such as environment, cost, 
technology, implementation time, and postal operational needs.
    Preferred area means the specific geographical area proposed for a 
new postal facility, as developed by the operations organization within 
the Postal Service. A preferred area's boundaries are unique for each 
proposed facility based on the operational and customer service needs 
of the Postal Service.
    Preferred site means the most advantageous site for a proposed 
facility, taking into consideration postal operational and customer 
service needs, cost, and availability, as determined by the operations 
organization within the Postal Service.
    Wetlands means those areas that are inundated or saturated by 
surface or groundwater at a frequency and duration sufficient to 
support, and that under normal circumstances do support, a prevalence 
of vegetation typically adapted for life in saturated soil conditions. 
Wetlands generally include swamps, marshes, bogs, and similar areas.

Subpart B--Floodplain management


Sec. 776.4  Scope.

    (a) The regulations in this subpart are applicable to the following 
proposed postal facility actions located in a floodplain:
    (1) New construction, owned or leased; or
    (2) Construction projects at an existing facility that would 
increase the amount of impervious surface at the site.
    (b) These procedures are not applicable to the following postal 
facility actions:
    (1) Those actions identified in paragraphs (a)(1) and (a)(2) of 
this section, when the entire preferred area, or all contending sites, 
for such actions lies within a floodplain;
    (2) Incidental construction, such as construction of athletic 
fields, recreational facilities, sidewalks, and other minor alteration 
projects;
    (3) Construction at existing postal facilities pursuant to the 
Architectural Barriers Act or postal accessibility standards;
    (4) Any facility construction project deemed necessary to comply 
with federal, state, or local health, sanitary, or safety code 
standards to ensure safe working conditions;
    (5) Construction of facilities that are functionally dependent on 
water, such as piers, docks, or boat ramps;
    (6) Maintenance, repair, or renovation of existing facilities; or
    (7) Leasing or other use of space for not more than one year.


Sec. 776.5  Review procedures.

    Officials shall follow the decision-making process outlined in 
paragraphs (a) through (f) of this section, when a facility action may 
involve floodplain issues. Under certain circumstances, this process 
may be carried out with fewer steps if all objectives of the decision-
making process can be achieved. A general principle underlying this 
process is that a postal facility action requiring construction in a 
floodplain may be considered only when there is no practicable 
alternative.
    (a) Analysis of alternatives. If a postal facility action would 
involve construction in a floodplain, alternative actions shall be 
considered.
    (b) Early public notice. If a facility action at the contending 
site(s) could require construction in a floodplain, public notice must 
be provided.
    (c) Floodplain location and information. (1) Personnel shall 
determine whether construction would occur within a floodplain. The 
determination shall be made by reference to appropriate Department of 
Housing and Urban Development (HUD) floodplain maps (sometimes referred 
to as Floodplain Insurance Rate Maps (FIRM)), or Federal Emergency 
Management Agency (FEMA) maps, or more detailed maps if available. If 
such maps are not available, floodplain location must be determined on 
the basis of the best available information.
    (2) Once the preferred site has been identified, potential 
floodplain impacts must be determined. As part of this determination 
process, specific floodplain information should be developed, which is 
to consider:
    (i) Whether the proposed action will directly or indirectly support 
floodplain development;

[[Page 48126]]

    (ii) Flood hazard and risk to lives and property;
    (iii) Effects on natural and beneficial floodplain values, such as 
water quality maintenance, groundwater recharge, and agriculture; and
    (iv) Possible measures to minimize harm to, or impact on, the 
floodplain.
    (d) Reevaluation. After the above steps have been followed, if the 
determination is that there appears to be no practicable alternative to 
constructing in a floodplain, a further review of alternatives must be 
conducted by the facilities organization in conjunction with the 
operations organization requesting the construction of the facility. 
The further review of alternatives must be conducted by the operations 
organization for projects within the delegated authority of the Vice 
President, Area Operations.
    (e) Final public notice. As a result of the reevaluation, if it is 
determined that there is no practicable alternative to constructing in 
a floodplain, public notice shall be provided as soon as possible for 
the proposed action. The notice should be publicized and should 
include:
    (1) Identification of the project's location;
    (2) Provision for a 30-day public comment period before irrevocable 
action is taken by the Postal Service; and
    (3) Name and complete address of a postal contact person 
responsible for providing further information on the decision to 
proceed with a facility action or construction project in a floodplain. 
Upon request, that person shall provide further information as follows:
    (i) A description of why the proposed action must be located in a 
floodplain;
    (ii) A listing of alternative actions considered in making the 
determination; and
    (iii) A statement indicating whether the action conforms to 
applicable state and local floodplain protection standards.
    (f) Distribution. The above public notice will be sent to 
appropriate officials, local newspaper reporters, and other parties who 
express interest in the project.
    (g) NEPA coordination. If either an Environmental Impact Statement 
or an Environmental Assessment is required under the Postal Service's 
National Environmental Policy Act (NEPA) regulations, the above review 
procedures must be incorporated into and evaluated in that document.


Sec. 776.6  Design requirements for construction.

    If structures impact, are located in, or support development in a 
floodplain, construction must conform, at a minimum, to the standards 
and criteria of the National Flood Insurance Program (NFIP), except 
where those standards are demonstrably inappropriate for postal 
purposes.


Sec. 776.7  Lease, easement, right-of-way, or disposal of property to 
non-federal parties.

    When postal property in floodplains is proposed for lease, 
easement, right-of-way, or disposal to non-federal public or private 
parties, the Postal Service shall:
    (a) Reference in the conveyance document that the parcel is located 
in a floodplain and may be restricted in use pursuant to federal, 
state, or local floodplain regulations; or
    (b) Withhold the property from conveyance.

Subpart C--Wetlands Protection


Sec. 776.8  Scope.

    (a) The regulations in this subpart are applicable to the following 
proposed postal facility actions located in a wetland:
    (1) New construction, owned or leased; or
    (2) Construction projects at an existing facility that would alter 
the external configuration of the facility.
    (b) These procedures are not applicable to the following postal 
facility actions:
    (1) Construction of foot and bike trails or boardwalks, including 
signs, the primary purposes of which are public education, 
interpretation, or enjoyment of wetland resources;
    (2) Construction at existing postal facilities pursuant to the 
Architectural Barriers Act or postal accessibility standards;
    (3) Any facility construction project deemed necessary to comply 
with federal, state, or local health, sanitary, or safety code 
standards to ensure safe working conditions;
    (4) Construction of facilities that are functionally dependent on 
water, such as piers, docks, or boat ramps; or
    (5) Maintenance, repair, or renovation of existing facilities.


Sec. 776.9  Review procedures.

    (a) Early public notice. If a facility action at the contending 
site(s) could require construction in a wetland, public notice must be 
provided.
    (b) Finding of no practicable alternative. The Postal Service shall 
avoid construction located in a wetland unless it issues a finding of 
no practicable alternative. The facilities organization, in conjunction 
with the operations organization, or, for projects within the delegated 
authority of the Vice President, Area Operations, the operations 
organization, shall make a written determination that:
    (1) There is no practicable alternative to such construction; and
    (2) The proposed action includes all practicable measures to 
minimize harm to wetlands.
    (c) NEPA coordination. If either an Environmental Impact Statement 
or an Environmental Assessment is required under the Postal Service's 
National Environmental Policy Act (NEPA) regulations, the above review 
procedures must be incorporated into and evaluated in that document.


Sec. 776.10  Lease, easement, right-of-way, or disposal of property to 
non-federal parties.

    When postal-owned wetlands or portions of wetlands are proposed for 
lease, easement, right-of-way, or disposal to non-federal public or 
private parties, the Postal Service shall:
    (a) Reference in the conveyance document that the parcel contains 
wetlands and may be restricted in use pursuant to federal, state, or 
local wetlands regulations; or
    (b) Withhold the property from conveyance.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 99-22823 Filed 9-1-99; 8:45 am]
BILLING CODE 7710-12-P