[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