[Federal Register Volume 67, Number 67 (Monday, April 8, 2002)]
[Notices]
[Pages 16787-16790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8440]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

[USCG-2002-11843]


National Environmental Policy Act: Coast Guard Procedures for 
Categorical Exclusions

AGENCY: Coast Guard, DOT.

ACTION: Notice of agency policy; request for comment.

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SUMMARY: The Coast Guard proposes to revise its list of agency actions 
that we have determined do not individually or cumulatively have a 
significant effect on the human environment and, thus, are 
categorically excluded from the requirement to prepare an environmental 
assessment or environmental impact statement under the National 
Environmental Policy Act (NEPA). Consistent with the Council on 
Environmental Quality's regulations for implementing the procedural 
provisions of NEPA, the Coast Guard has periodically reviewed its NEPA 
implementing procedures and has determined that it was necessary to 
clarify some existing categorical exclusions (CEs) to prevent 
misinterpretation and to create new CEs to reduce excessive and 
needless paperwork for actions that have proven to have no potential 
for significant impacts. The purpose of this notice is to provide the 
public an opportunity to comment on the proposed changes to our list of 
categorical exclusions.

DATES: Comments and related material must reach the Docket Management 
Facility on or before May 8, 2002.

ADDRESSES: To make sure your comments and related material are not

[[Page 16788]]

entered more than once in the docket, please submit them by only one of 
the following means:
    (1) By mail to the Docket Management Facility (USCG-2002-11843), 
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    (2) By delivery to room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    (3) By fax to the Docket Management Facility at 202-493-2251.
    (4) Electronically through the Web Site for the Docket Management 
System at http://dms.dot.gov.
    In choosing among these means, please give due regard to the recent 
difficulties and delays associated with delivery of mail through the 
U.S. Postal Service to Federal facilities.
    The Docket Management Facility maintains the public docket for this 
notice. Comments and material received from the public, as well as this 
notice, will become part of this docket and will be available for 
inspection or copying at room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. You may also find 
this docket on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Kebby Kelley, Office of Civil 
Engineering, Environmental Management Division, U.S. Coast Guard, 
Headquarters, 202-267-6034 or via e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

Request for Comments

    The Coast Guard encourages interested persons to submit written 
data, views, or comments. Persons submitting comments should please 
include their name and address, and identify the docket number (USCG-
2002-11843). You may submit your comments and material by mail, hand 
delivery, fax, or electronic means to the Docket Management Facility at 
the address under ADDRESSES; but please submit your comments and 
material by only one means. If you submit them by mail or hand 
delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 
inches, suitable for copying and electronic filing. If you submit them 
by mail and would like to know they reached the Facility, please 
enclose a stamped, self-addressed postcard or envelope. The Coast Guard 
will consider all comments received during the comment period.

Background

    The National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et 
seq.) established the Council on Environmental Quality (CEQ). NEPA and 
CEQ regulations (40 CFR parts 1500-1508) establish a broad national 
policy which encourages and promotes productive harmony between man and 
his environment and provides policies and goals to ensure that 
environmental considerations and associated public concerns are given 
careful weight in all decisions of the Federal government.
    Section 102 of NEPA (42 USCS 4332) and 40 CFR 1507.3 require 
Federal agencies to develop and, as needed, revise implementing 
procedures consistent with NEPA and the CEQ regulations. Additionally, 
40 CFR 1500.4 and 1500.5 require Federal agencies to use categorical 
exclusions (CEs) to reduce excessive paperwork and reduce delay.
    To determine whether improvements are needed in its list of agency 
actions that we have determined are categorically excluded from further 
NEPA environmental impact analysis, the Coast Guard periodically 
reviews its list. For references to some of these reviews in the 
Federal Register, see 59 FR 3152, January 20, 1994; 59 FR 38654; July 
29, 1994; and 61 FR 13563, March 27, 1996. This list of CEs is 
contained in section 2.B.2, figure 2-1, of the ``Coast Guard National 
Environmental Policy Act (NEPA) Implementing Procedures and Policy for 
Considering Environmental Impacts,'' (Commandant Instruction 
M16475.1D).
    During the most recent review, NEPA-related information in our 
project administrative records was examined to determine whether the 
current CEs were being applied consistently and appropriately. Areas of 
confusion or misinterpretation were identified for further evaluation. 
Also, the Coast Guard evaluated whether new CEs would be appropriate to 
further reduce needless paperwork and delay.
    Where areas of confusion or misinterpretation with the existing CEs 
were identified, the USCG evaluated whether the situation could be 
resolved through improvements in internal guidance, modifications to 
the existing CEs, or the development of new CEs. Evaluations, in these 
cases included both an examination of the administrative record, as 
well as experiences of expert staff in working with the existing CEs. 
Modifications of existing CEs and new CEs have been proposed where 
appropriate to resolve areas of confusion or misinterpretation of the 
existing CE list.
    The need for other new CEs was identified by examination of 
Environmental Assessments (EAs), and associated Findings of No 
Significant Impact (FONSI's) for similar or like actions. Where it was 
found that EAs with FONSI's existed for many similar or like actions, a 
new CE has been proposed. The working group also received input from 
other Coast Guard staff as to actions that were not currently 
categorically excluded but should be based on their experience that 
such projects normally had no significant environmental impacts.
    The working group determined that new CEs were needed for several 
categories of Coast Guard personal and real property actions. The 
working group then benchmarked the our CEs against those of the General 
Services Administration (GSA) as the expert agency in terms of personal 
and real property management for the Federal government. Since other 
new CEs involved Coast Guard operations, the working group used the 
Department of the Navy as a benchmark because many of the Navy's 
actions are similar operationally, albeit at a much larger scale. Coast 
Guard CEs were then developed to address Coast Guard actions.
    Finally, one new and one revised CE for regulatory actions were 
proposed. The new regulatory CE was proposed for regulatory actions 
mandated by Congress for the improvement or protection of the 
environment. The working group found that the Coast Guard had multiple 
EAs with FONSIs for regulations of this type, and, after reviewing the 
regulations and their environmental aspects, they determined that these 
types of actions do not normally have significant effects either 
individually or cumulatively on the human environment.
    The recommended list of new and modified CEs developed by the 
working group was then extensively reviewed within the Coast Guard. 
This draft list was then also reviewed by and discussed with CEQ. 
Further revisions were made based on CEQ comments. The draft list is 
available in the appendix to this notice that will also be available in 
the docket (as indicated under ADDRESSES). It is now being offered for 
public comment.
    After receipt of public comment, CEQ will conduct their final 
review. The USCG will then incorporate, as necessary, any public or CEQ 
comments prior to finalizing and publishing the final list of USCG new 
and modified CEs in the Federal Register.

[[Page 16789]]

    Our proposed revisions to Section 2.B.2, Figure 2-1, of M16475.1D, 
entitled, ``Coast Guard Categorical Exclusions'' consist of three 
related parts. The first part is a non-substantive administrative 
reorganization of the Coast Guard's CEs to group CEs for like actions 
together under an appropriate general heading. The second part is a 
proposed revision requiring that a written Categorical Exclusion 
Determination (CED) be prepared for the administrative record whenever 
a CE calls for the preparation of a written environmental checklist 
(checklist). The third part is a substantive addition of new and 
modified CEs.
    A CED is a 1- or 2-page Coast Guard document that states the Coast 
Guard project being proposed and the CE that is applicable. Our 
administrative procedures (contained in the Commandant Instruction 
M16475.1 series) require that the applicability of each CE be examined 
for extraordinary circumstances for each specific action. The checklist 
is a tool that is designed to assist us in determining whether there 
are any extraordinary circumstances that might require preparation of 
an Environmental Impact Statement (EIS) or an EA.
    The NEPA regulations require agencies to consider extraordinary 
circumstances and to define categories of agency actions that do not 
have the potential for significant impacts (that is, categorically 
excluded actions); however, they do not require that such consideration 
of extraordinary circumstances or agency use of CEs be documented. 
(Thus, both, the CED and the checklist are internal Coast Guard 
administrative requirements to ensure that the potential for impacts on 
the human environment are given adequate consideration in proposed 
Coast Guard actions and are not required by NEPA law or regulation.) We 
are proposing that a CED be prepared whenever a checklist is required 
for a Coast Guard CE. Currently, checklists are required for those CEs 
covering actions which experience has shown could be likely to 
occasionally involve unusual circumstances that might make the CE 
inappropriate in certain instances.
    Our CE revision also proposes new and modified CEs, the majority of 
which address real and personal property actions. A few additional 
modifications and new CEs are proposed for certain Coast Guard 
operations, specific Coast Guard environmental studies, and two types 
of Coast Guard regulatory actions.
    These proposed new and modified CEs represent actions that, based 
on our past experience with similar actions, do not normally require an 
EA or EIS because they do not individually or cumulatively have a 
significant effect on the human environment. We propose CEs for certain 
situations in which the Coast Guard acquires, or arranges for permitted 
use of, property. At the time of acquisition or arrangement for 
permitted use of the property, we will use our Environmental Analysis 
Checklist to determine whether a CE is appropriate or if an EIS or EA 
is required. If a CE is appropriate, the USCG will prepare a written 
CED.
    If, in the future, the Coast Guard determines the need to change 
the use of the property, we will conduct the appropriate NEPA analysis 
and prepared the documentation--either another CE, an environmental 
assessment, or an environmental impact statement on the proposed new 
use. The earlier acquisition or permit use arrangement for the property 
will not influence the subsequent environmental analysis and 
documentation, including the need to use the property for the proposed 
new use, the consideration of alternatives, or selection of the 
preferred alternative.

Synopsis of Proposed Changes

    The proposed general changes to the current Coast Guard CEs are 
that the CEs will be reorganized by action type as Administrative 
Actions, Real and Personal Property Actions, Training Actions, 
Operational Actions, Special Studies, Bridge Administration Actions, 
and Regulatory Actions. Additionally, all CEs requiring an 
environmental checklist will also require a CED.
    Specific changes to our current CEs involve the proposed new or 
amended CEs listed in the appendix to this notice. In the appendix, the 
proposed new CEs and the proposed modified language of existing CEs are 
shown in italics. Where a change to the CEs involves deletion of text, 
that text will be shown in brackets (``[]''). Existing Coast Guard CEs 
that remain unchanged are not included in the appendix.
    This notice provides the public opportunity to comment on the 
proposed changes to the Coast Guard's CEs. All comments on the proposed 
changes will be considered in preparing the final version of Figure 2-1 
of Commandant Instruction M16475.1D. The Coast Guard encourages full 
public participation during this comment period.

    Dated: April 1, 2002.
R.F. Silva,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Systems, 
``Chief Engineer''.

Appendix to National Environmental Policy Act: Coast Guard Procedures 
for Categorical Exclusions Notice of Agency Policy and Request for 
Comments*

    1. Administrative Actions:
    a. Personnel and other administrative actions associated with 
consolidations, reorganizations, or reductions in force resulting 
from identified inefficiencies, reduced personnel or funding levels, 
skill imbalances, or other similar causes. (Checklist and CED 
required.)
    b. Approval of recreational activities or events (such as a USCG 
unit picnic) [which do not involve significant physical alteration 
of the environment, increased disturbance by humans of sensitive 
natural habitats, or disturbance of historic properties, and which 
do not occur in, or adjacent to, areas inhabited by threatened or 
endangered species. (Checklist required unless the activity will 
take place] at a location developed or created for that type of 
activity.)
    2. Real and Personal Property Related Actions (where the term 
``real property'' is used throughout this section, it means real and 
any related personal property--and the term ``related personal 
property'' means personal property that is an integral part of the 
subject real property and removal of the personal property would 
significantly diminish the economic value of the subject real 
property): 
    a. The initial lease of, or grant of an easement interest in, 
Coast Guard-controlled real property to a non-Federal party, or the 
amendment, renewal, or termination of such lease or easement 
interest, where the reasonably foreseeable real property use will 
not change significantly and is similar to existing uses. (Checklist 
and CED required). 
    b. The grant of a license, to a non-Federal party, to perform 
specified acts upon Coast Guard-controlled real property, or the 
amendment, renewal, or termination of such license, where the 
proposed real property use is similar to existing uses. (Checklist 
and CED required.) 
    c. Allowing another Federal agency to use Coast Guard-controlled 
real property under a permit, use agreement or similar arrangement, 
or the amendment, renewal, or termination of such permit or 
agreement where real property use is similar to existing uses. 
(Checklist and CED required.) 
    d. The lease of a Coast Guard-controlled historic lighthouse 
property to a non-Federal party as outlined in the Programmatic 
Memorandum of Agreement between the Coast Guard, Advisory Council on 
Historic Preservation, and the National Conference of State Historic 
Preservation Officers. (Checklist and CED required.)
    e. Acquisition of real property (including fee simple estates, 
leaseholds, and easements), improved or unimproved, and related 
personal property from a non-Federal party, by purchase, lease, 
donation or exchange where the proposed real property

[[Page 16790]]

use is similar to existing uses for the foreseeable future 
(acquisition through condemnation not covered). (Checklist and CED 
required). 
    f. Acquisition of real property and related personal property, 
through transfer of administrative control, from another Department 
of Transportation (DOT) component or another Federal agency to the 
Coast Guard where title to the property remains with the United 
States, including transfers made pursuant to the Defense Base 
Closure and Realignment Act of 1990, Pub. L. 101-510, as amended (10 
U.S.C. 2687 note), where the proposed Coast Guard real property use 
is similar to existing uses. (Checklist and CED required). 
    g. Coast Guard use of real property under the administrative 
control of another DOT component or another Federal agency through a 
permit, use agreement or similar arrangement where the proposed real 
property use is similar to existing uses. (Checklist and CED 
required). 
    h. USCG new construction upon, or improvement of, land where all 
of the following conditions are met (Checklist and CED required):
     The structure and proposed use are substantially in 
compliance with prevailing local planning and zoning standards. 
     The site is on heavily developed property and/or 
located on a previously disturbed site in a developed area; 
     The proposed use will not substantially increase the 
number of motor vehicles at the facility; and, 
     The site and scale of construction are consistent with 
those of existing or adjacent or nearby buildings. 
    i. Real property inspections for compliance with deed or 
easement restrictions. 
    j. Transfer of administrative control over real property, from 
the Coast Guard to another Department of Transportation (DOT) 
component or another Federal agency (title to the property remains 
with the United States), that results in no immediate change in use 
of the property. (Checklist and CED required.)
    k. Determination by the Coast Guard that real property is excess 
to its needs, pursuant to the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 471 et seq.), and the subsequent 
reporting of such determination to the Administrator of the General 
Services Administration or the subsequent filing of a notice of 
intent to relinquish lands withdrawn or reserved from the public 
domain with the Bureau of Land Management, Department of Interior, 
in accordance with 43 CFR Part 2370. (Checklist and CED required).
    l. Congressionally mandated conveyance of Coast Guard controlled 
real property to another Federal agency or non-Federal entity. 
(Checklist and CED required.)
    m. Relocation of Coast Guard personnel into existing Federally 
owned or leased space where use does not change substantially and 
any attendant modifications to the facility would be minor.
    n. Decisions to temporarily or permanently decommission, 
disestablish, or close Coast Guard shore facilities including any 
follow on connected protection and maintenance needed to maintain 
the property until it is no longer under Coast Guard control. 
(Checklist and CED Required).
    o. Demolition of buildings, structures, or fixtures and disposal 
of subsequent building, structure, or fixture waste materials. 
(Checklist and CED required).
    p. Determination by the Coast Guard that Coast Guard controlled 
personal property, including vessels and aircraft, is ``excess 
property,'' as that term is defined in the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 472(e)), and any 
subsequent transfer of such property to another Federal agency's 
administrative control, or conveyance of the United States' title in 
such property to a non-Federal entity. (Checklist and CED required).
    q. Minor renovations and additions to buildings, roads, 
airfields, grounds, equipment, and other facilities that do not 
result in a change in functional use of the real property, [a 
historically significant element, or historically significant 
setting] (e.g., realigning interior spaces of an existing building, 
extending an existing roadway in a developed area a short distance, 
installing a small antenna on an already existing antenna tower, 
adding a small storage shed to existing building, etc.) (Checklist 
and CED required.)
    r. Installation of devices to protect human or animal life, such 
as raptor electrocution prevention devices, fencing to restrict 
wildlife movement on to airfields, and fencing and grating to 
prevent accidental entry to hazardous areas. (Checklist and CED 
required.)
    3. Training:
    a. Defense preparedness training and exercises conducted on 
Coast Guard-controlled property that do not involve undeveloped 
property, or increased noise levels over adjacent property and 
involve a limited number of personnel, such as exercises involving 
primarily electronic simulation or command post personnel. 
(Checklist and CED required.)
    4. Operational Actions:
    a. Realignment or initial homeporting of mobile assets, 
including vessels and aircraft, to existing operational facilities 
that have the capacity to accommodate such assets or where 
supporting infrastructure changes will be minor in nature to perform 
as new homeports or for repair and overhaul. Note: If the 
realignment or homeporting would result in more than a one for one 
replacement of assets at an existing facility, then the checklist 
required for this CE must specifically address whether such an 
increase in assets could trigger the potential for significant 
impacts to protected species or habitats before use of the CE can be 
approved.) Checklist and CED required.)
    5. Special Studies:
    a. Environmental site characterization studies and environmental 
monitoring, including siting, construction, operation, and 
dismantling or closing of characterization and monitoring devices. 
Such activities include, but are not limited to:
     Geological, geophysical, geochemical, and engineering 
surveys and mapping, including the establishment of survey marks;
     Installation and operation of field instruments, such 
as stream-gauging stations or flow-measuring devices, telemetry 
systems, geochemical monitoring tools, and geophysical exploration 
tools;
     Drilling of wells for sampling or monitoring of 
groundwater, well logging, and installation of water-level recording 
devices in wells;
     Aquifer response testing;
     Installation and operation of ambient air monitoring 
equipment;
     Sampling and characterization of water, soil rock, or 
contaminants;
     Sampling and characterization of water effluents, air 
emissions, or solid waste streams;
     Sampling of flora or fauna;
     Archeological, historic, and cultural resource 
identification and evaluation studies in compliance with 36 CFR part 
800 and 43 CFR part 7.
     Data gathering, information gathering, and studies that 
involve no physical change to the environment. Examples include 
topographic surveys, bird counts, wetland mapping, and other 
inventories.
    6. Regulatory Actions:
    a. Regulations concerning vessel operation safety standards 
(e.g., regulations requiring: certain boaters to use approved 
equipment which is required to be installed, such as an ignition 
cut-off switch, or carried on board, such as personal flotation 
devices (PFDs), and/or stricter blood alcohol concentration (BAC) 
standards for recreational boaters, etc.), equipment approval, and/
or equipment carriage requirements (e.g., personal flotation devices 
(PFDs) and visual distress signals (VDS)).
    b. Congressionally mandated regulations designed to improve or 
protect the environment (e.g., regulations implementing the 
requirements of the Oil Pollution Act of 1990, such as those 
requiring vessels to have the capability to transmit and receive on 
radio channels that would allow them to receive critical safety and 
navigation warnings in U.S. waters, regulations to increase civil 
penalties against persons responsible for the discharge of oil or 
hazardous substances into U.S. waters, etc.). (Checklist and CED 
required).

    * Note to Appendix:
    Specific changes to our current Categorical Exclusions (CEs) 
involve the proposed new or amended CEs listed in this appendix. The 
proposed new CEs and the proposed modified language of existing CEs 
are shown in italics. Proposed deletion of text is shown in brackets 
(``[]''). Existing Coast Guard CEs that remain unchanged are not 
included in this appendix.

[FR Doc. 02-8440 Filed 4-5-02; 8:45 am]
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