[Federal Register Volume 67, Number 141 (Tuesday, July 23, 2002)]
[Notices]
[Pages 48243-48246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18475]


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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 final agency policy.

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SUMMARY: The Coast Guard revised 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 periodically reviews its NEPA implementing procedures and 
determines whether it is 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 our final list of new and revised categorical 
exclusions.

DATES: The new and revised categorical exclusions are effective as of 
July 23, 2002.

ADDRESSES: The Docket Management Facility maintains the public docket 
for this notice. Any comments and material received from the public, as 
well as this notice, and our April 8, 2002 notice requesting comments, 
are part of this docket (USCG-2002-11843) and 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 email at [email protected].

SUPPLEMENTARY INFORMATION:

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. 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 Coast Guard 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 were done 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 (FONSIs) for similar or like actions. Where it was 
found that EAs with FONSIs existed for many similar or like actions, a 
new CE was created. The working group also received input from other 
Coast Guard staff as to actions that

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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 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 
created. The new regulatory CE was created 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 of proposed changes was then also reviewed by, and 
discussed with, CEQ. Further revisions were made based on CEQ comments.

Discussion of Response to Request for Comments

    The resulting list of proposed changes was published in the Federal 
Register on April 8, 2002 (67 FR 16787) with a request for comments to 
be submitted by May 8, 2002. The Coast Guard received no comments on 
the draft list; therefore, the draft list has now become our final list 
of new and revised CEs. The final list was sent to DOT and CEQ for 
final review and approval. No additional substantive revisions were 
made by either DOT or CEQ. The final list of new and revised CEs is now 
available in the appendix to this notice and will also be available in 
the docket (as indicated under ADDRESSES).

Proposed Changes Adopted as Final

    In our April 2002 notice we described changes we proposed to make. 
These changes have now been adopted as final.
    Our 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 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 CEQ regulations implementing NEPA 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 requiring 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 consists of new and modified CEs, the majority 
of which address real and personal property actions. A few additional 
modifications and new CEs were created for certain Coast Guard 
operations, specific Coast Guard environmental studies, and two types 
of Coast Guard regulatory actions.
    These 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 now have 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 Coast Guard 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 prepare 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 Changes

    The general changes we have made to the Coast Guard CEs are that 
the CEs will now 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 a checklist 
will also now require a CED.
    The final new or amended CEs are listed in the appendix to this 
notice. Previously existing Coast Guard CEs that remain unchanged are 
not included in the appendix.

    Dated: July 15, 2002.
J.A. Kinghorn,
Rear Admiral, Coast Guard, Assistant Commandant for Systems.

Appendix to National Environmental Policy Act: Coast Guard Procedures 
for Categorical Exclusions, Notice of Final Agency Policy.*

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 
Coast Guard unit picnic) at a location developed or created for that 
type of activity.
    2. Real and Personal Property Related Actions (where the term 
``real property'' is

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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 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) and 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. Coast Guard 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.
     The site and scale of construction are consistent with 
those of existing, 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, (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 an 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, constructing, operating, and 
dismantling or closing of characterization and monitoring devices. 
Such activities include but are not limited to the following:
     Conducting geological, geophysical, geochemical, and 
engineering surveys and mapping, including the establishment of 
survey marks.
     Installing and operating field instruments, such as 
stream-gauging stations or flow-measuring devices, telemetry 
systems, geochemical monitoring tools, and geophysical exploration 
tools.
     Drilling wells for sampling or monitoring of 
groundwater, well logging, and installation of water-level recording 
devices in wells.
     Conducting aquifer response testing.
     Installing and operating ambient air monitoring 
equipment.
     Sampling and characterizing water, soil, rock, or 
contaminants.
     Sampling and characterizing water effluents, air 
emissions, or solid waste streams.
     Sampling flora or fauna.
     Conducting archeological, historic, and cultural 
resource identification and evaluation studies in compliance with 36 
CFR part 800 and 43 CFR part 7.
     Gathering data and information and conducting 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:

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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's)).
    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: The final new or amended CEs are listed in 
the appendix to this notice. Previously existing Coast Guard CEs 
that remain unchanged are not included in the appendix.


[FR Doc. 02-18475 Filed 7-22-02; 8:45 am]
BILLING CODE 4910-15-P