[Federal Register Volume 69, Number 92 (Wednesday, May 12, 2004)]
[Notices]
[Pages 26400-26402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10731]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection


Notice of Availability for Public Viewing of Draft Programmatic 
Environmental Assessment Concerning CBP's Use of the Vehicle and Cargo 
Inspection System (VACIS) at Various Sea and Land Ports of Entry

AGENCY: Customs and Border Protection, Department of Homeland Security.

ACTION: General notice.

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SUMMARY: This document announces that a draft Programmatic 
Environmental Assessment (PEA) regarding potential environmental 
impacts resulting from Customs and Border Protection's (CBP) deployment 
of the Vehicle and Cargo Inspection System (VACIS) is available for 
public review and comment. The VACIS system will be used at various 
ports of entry throughout the United States and Puerto Rico and is 
designed to provide a significant non-intrusive (gamma ray) inspection 
capability to assist CBP in its mission to prevent the entry of 
contraband into the United States. CBP will consider comments before 
issuing a final PEA and will then issue a draft Supplemental 
Environmental Assessment covering each local site affected to assess 
the environmental impact on local conditions.

DATES: The draft PEA will be available for public review for a 30-day 
period beginning on May 12, 2004. Written comments must be received by 
June 28, 2004.

[[Page 26401]]


ADDRESSES: Written comments may be submitted to U.S. Customs and Border 
Protection, Suite 1575, 1300 Pennsylvania Avenue, NW., Washington, DC 
20229, Attn: Mr. Thomas Nelson. Copies of the draft PEA will be 
available for viewing at the above address. Copies may also be obtained 
by calling 202/344-2975 and by accessing the following Internet address 
(click on ``Recent Federal Register Notices''): http://www.cbp.gov/xp/cgov/toolbox/legal.

FOR FURTHER INFORMATION CONTACT: Mr. Thomas Nelson at 202/344-2975 or 
at [email protected].

SUPPLEMENTARY INFORMATION:

Background

The VACIS System

    CBP's Vehicle and Cargo Inspection System (the VACIS system) 
provides a means for combatting the smuggling of contraband, including 
implements of terrorism, into the United States. The VACIS system 
employs a non-intrusive inspection technique that uses low energy gamma 
radiation technology; it allows CBP inspectors to inspect for 
contraband without having to physically enter into or unload motor 
vehicles, containers, or other conveyances. The system is designed to 
augment the capabilities of the CBP inspector and enhance the 
efficiency and effectiveness of CBP's enforcement mission. Deployment 
of VACIS technology is already underway and will continue at various 
land and sea ports of entry throughout the United States and Puerto 
Rico. Given the serious nature of CBP's mission to protect the nation's 
borders from terrorism, it is envisioned that all ports are candidates 
for deployment of VACIS technology in the future.
    The VACIS system consists of four configurations, described as 
follows:
    (1) A semi-permanent version designed for inspection of motor 
vehicles and cargo containers at Customs ports of entry (VACIS II);
    (2) A truck-mounted version designed for high-portability 
inspection of motor vehicles and cargo containers (Mobile VACIS);
    (3) A fixed version designed specifically for installation along 
railroad rights of way for the inspection of railroad cars (Rail 
VACIS); and
    (4) A Fixed Pallet Gamma Ray (FPGR) system designed for inspection 
of items stored on pallets and in boxes or crates (Pallet VACIS).

Public Review of the Draft Programmatic Environmental Assessment

    Pursuant to the National Environmental Policy Act of 1969 (NEPA), 
the Council on Environmental Quality (CEQ) Regulations for Implementing 
the NEPA (40 CFR parts 1500-1508), and Department of the Treasury 
Directive 75-02 (Department of the Treasury Environmental Quality 
Program), CBP has prepared a draft Programmatic Environmental 
Assessment (PEA) covering the deployment of the VACIS system.
    This notice announces a 30-day period for public review of the 
draft PEA and a 45-day period for submitting comments to CBP, both 
periods commencing on the date this document is published in the 
Federal Register.

Evaluation of Environmental Impact

    For all proposals of major Federal actions that significantly 
affect the quality of the human environment, NEPA requires that the 
environmental implications of the proposal are to be explored. To meet 
this requirement, a Federal agency, in some instances, must produce an 
Environmental Impact Statement (EIS) that examines the environmental 
implications (or impacts) of a major Federal action. Under Sec.  
1508.18(a) of the CEQ Regulations (40 CFR 1508.18(a)), a major Federal 
action includes new and continuing agency activities. The VACIS system 
is a new and continuing CBP activity. In other instances, an agency 
will prepare an Environmental Assessment preliminary to production of 
either an EIS or a Finding of No Significant Impact (FONSI). The effect 
of a FONSI is that an agency will not have to produce an EIS. In still 
other instances, the agency need not produce either an EA or an EIS.
    Under section 8b of Treasury Directive 75-02, an EA must be 
prepared whenever it appears that an agency action, including the 
continuance of any action or program already initiated, could 
constitute a major action significantly affecting the quality of the 
human environment. An EA is a concise public statement issued by a 
responsible federal agency that provides sufficient evidence and 
analysis for determining whether to prepare either an EIS or a FONSI. 
Under the regulation and section 8d of Treasury Directive 75-02, an EA 
must describe the proposed action (or the continuing action) and the 
need for it; briefly describe the environmental impacts of, and 
alternatives to, the proposed/continued action, including mitigating 
measures; list the agencies and persons consulted; and provide a brief 
analysis for determining whether to prepare an EIS or a FONSI.
    A Programmatic Environmental Assessment (PEA) is a type of EA 
which, with respect to a major Federal action, covers relevant 
environmental matters in a broad and general manner, such as a national 
program or policy statement. The PEA is later followed by subsequent 
narrower statements or analyses, such as regional program statements or 
site-specific statements. The draft PEA announced in this notice 
evaluates the potential environmental impacts resulting from deployment 
of the VACIS system as a nationally implemented program. Among the 
potential impacts evaluated are those regarding: geology and soils, 
hydrology and water quality, wetlands, vegetation and wildlife, air 
quality, noise, and radiological consequences. Also, an evaluation of 
alternatives to the action (deployment of the system) is included, in 
accordance with CEQ regulations (40 CFR 1501.2(c)).
    Substantive comments received from the public and agencies during 
the comment period will be addressed in, and included as an Appendix 
to, the final PEA. Notice of issuance of the final PEA will be 
published in the Federal Register, as well as in a newspaper of general 
circulation in each locality where any VACIS configuration is or will 
be deployed.
    Should CBP determine, based on the information developed and 
evaluation of substantive comments received, that the design, new 
construction, and/or operation of VACIS system configurations 1 through 
4 will not have a significant impact on the environment, CBP will 
prepare a FONSI. Notice of the FONSI will be published in the Federal 
Register and in a newspaper of general circulation in each locality 
where a VACIS configuration is/will be deployed. Should CBP determine 
that significant environmental impacts exist due to the project, CBP 
will proceed with preparation of an EIS as required under the NEPA, the 
CEQ Regulations (40 CFR part 1502), and the Department of the 
Treasury's environmental policies and procedures.

Supplemental Environmental Assessments

    After issuance of the draft PEA, review of comments received, and 
issuance of a final PEA, Customs will issue a draft Supplemental 
Environmental Assessment (also known as a Supplemental Environmental 
Document or SED) for each affected port. Each SED will address each 
local

[[Page 26402]]

deployment site within a particular port, evaluating potential 
environmental impacts with respect to the particular conditions present 
at each site. Each draft SED will solicit public comment, and 
substantive comments received will be included in the Appendix to a 
final SED. Notice of the SED will be published in the Federal Register 
and in a local newspaper of general circulation in the particular 
affected locality. At that time, after receipt and evaluation of 
comments, CBP will determine whether to prepare a FONSI or an EIS with 
respect to each affected port.

Public Review and Comments

    The draft PEA will be available for public review for a period of 
30 days beginning on the date this document is published in the Federal 
Register. The draft PEA can be reviewed at the following address: U.S. 
Customs and Border Protection, Suite 1575, 1300 Pennsylvania Ave., NW., 
Washington, DC 20229. Contact Mr. Thomas Nelson to make arrangements at 
202/344-2975. Copies of the draft PEA may be obtained by telephone 
request (202/344-2975) or by accessing the following Internet address 
(click on ``Recent Federal Register Notices''): http://www.cbp.gov/xp/cgov/toolbox/legal.
    Comments regarding the draft PEA may be submitted as set forth in 
the ADDRESSES section of this document.

    Dated: April 9, 2004.
Charles R. Armstrong,
Acting Assistant Commissioner, Office of Information and Technology.
[FR Doc. 04-10731 Filed 5-11-04; 8:45 am]
BILLING CODE 4820-02-P