[Federal Register Volume 65, Number 128 (Monday, July 3, 2000)]
[Rules and Regulations]
[Pages 41011-41012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16674]


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POSTAL SERVICE

39 CFR Part 775


National Environmental Policy Implementing Procedures

AGENCY: Postal Service (USPS).

ACTION: Final rule.

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SUMMARY: This rule corrects an oversight in wording in the Postal 
Service's National Environmental Policy Act (NEPA) regulations 
concerning procedures and categorical exclusions.

EFFECTIVE DATE: This regulation is effective June 30, 2000.

FOR FURTHER INFORMATION CONTACT: Susan L. Koetting, Attorney, U.S. 
Postal Service, 475 L'Enfant Plaza, SW, Washington, DC 20260-1135, 
phone (202) 268-4818.

SUPPLEMENTARY INFORMATION: On August 27, 1998, the Postal Service 
published in the Federal Register, final regulations on procedures and 
categorical exclusions regarding NEPA (63 FR 45719). After the 
publication of the regulations, it was discovered that an error had 
been made in language in section 775.9(a)(1). Specifically, it was not 
intended that a written determination not to prepare an environmental 
assessment be required for all actions. When these regulations were 
proposed on August 11, 1997 (62 FR 42958), the Postal Service expanded 
the list of postal activities that were subject to NEPA review and also 
expanded the list of categorical exclusions. Previous and current 
internal guidance for facilities programs and projects requires a 
checklist for all facility actions, while previous and current internal 
guidance for operational activities only requires a checklist for 
certain actions that exceed certain higher level financial approval 
requirements. When these regulations were finalized, internal 
facilities policy was inadvertently carried over to all activities. 
This was not intended and is inconsistent with internal guidance and 
the purpose for establishing categorical exclusions. Postal policy, as 
discussed in the August 1997 notice, requires a checklist to screen for 
potential environmental concerns, but it was not intended to do one for 
all activities, even if categorically excluded.
    In a further development, it was recently discovered that a 
sentence in the regulations was inadvertently dropped during the 
codification process. In Sec. 775.9(b)(1), the original second sentence 
in the 1997 version of the published regulations in Title 39, Code of 
Federal Regulations was dropped out of the version of the regulations 
published in 1999. The old second sentence was to have become the third 
sentence in Sec. 775.9(b)(1).
    In light of the foregoing, the Postal Service adopts the following 
minor revisions to its NEPA regulations.

List of Subjects in 39 CFR Part 775

    Environmental impact statements.

    Accordingly, the Postal Service amends 39 part 775 as follows:

[[Page 41012]]

PART 775--NATIONAL ENVIRONMENTAL POLICY ACT PROCEDURES

    1. The authority citation for 39 CFR part 775 continues to read as 
follows:

    Authority: 39 U.S.C. 401; 42 U.S.C. 4321 et seq.; 40 CFR 1500.4.

    2. Amend Sec. 775.9 by revising the introductory text of paragraph 
(a)(1) and adding a sentence after the second sentence in paragraph 
(b)(1) to read as follows:


Sec. 775.9  Environmental evaluation process.

    (a) All actions--(1) Assessment of actions. An environmental 
checklist may be used to support a record of environmental 
consideration as the determination that the proposed action does not 
require an environmental assessment. An environmental assessment must 
be prepared for each proposed action except that an assessment need not 
be made if a determination is made that:
* * * * *
    (b) Additional requirements for facility actions. (1)  * * * An 
environmental assessment report, however, is not required until the 
contending project sites have been determined. * * *

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 00-16674 Filed 6-30-00; 8:45 am]
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