[Federal Register Volume 69, Number 179 (Thursday, September 16, 2004)]
[Notices]
[Pages 55832-55833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20874]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection


Notice of Availability for Public Viewing of a Final Programmatic 
Environmental Assessment and a Finding of No Significant Impact (FONSI) 
Relative to Customs and Border Protection's Gamma Imaging Inspection 
System for Use at Various Sea and Land Ports of Entry

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

ACTION: General notice.

-----------------------------------------------------------------------

SUMMARY: This document announces the availability for public viewing of 
a Final Programmatic Environmental Assessment (PEA) and a Finding of No 
Significant Impact (FONSI) relative to the gamma imaging inspection 
system employed by the Bureau of Customs and Border Protection at 
various sea and land ports of entry. The Final PEA and FONSI are being 
issued and made available to the public in accordance with the National 
Environmental Policy Act of 1969 (NEPA) and the Council on 
Environmental Quality (CEQ) regulations for Implementing the NEPA.

DATES: The Final PEA and the FONSI will be available for public review 
for a 30-day period beginning on September 16, 2004.

ADDRESSES: Copies of the Final PEA and FONSI may be obtained by 
writing, telephoning, or e-mailing, respectively, as follows: U.S. 
Customs and Border Protection, Suite 1575, 1300 Pennsylvania Avenue, 
NW., Washington, DC 20229, Attn: Mr. Thomas Nelson; (202) 344-2975; or 
[email protected]; or by accessing the following Web 
site 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

    On May 12, 2004, U.S. Customs and Border Protection (CBP) published 
a general notice document in the Federal Register (69 FR 26400) 
entitled: ``Notice of Availability for Public Viewing of a Draft 
Programmatic Environmental Assessment Concerning CBP's Use of the 
Vehicle and Cargo Inspection System (VACIS) at Various Sea and Land 
Ports of Entry.'' The May 2004 notice indicated that the draft 
Programmatic Environmental Assessment (PEA) had been prepared and made 
available to the public in accordance with 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). The notice discussed the gamma imaging 
or radiation inspection system (referred to there as the VACIS system), 
briefly explained the applicable NEPA process, informed the public on 
how to obtain a copy of the draft PEA, and requested comments from the 
public on the draft PEA.
    As set forth in the notice, the VACIS system employs a non-
intrusive inspection technique that uses low energy gamma radiation 
technology and allows CBP inspectors to inspect for contraband without 
having to physically enter into or unload motor vehicles, containers, 
or other conveyances. Deployment of this technology is already underway 
and will continue at various land ports 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 this 
technology in the future.

The NEPA Process

    NEPA requires that an agency evaluate for environmental 
implications any proposal of a major Federal action that significantly 
affects the quality of the human environment. Under Sec.  1508.18(a) of 
the CEQ regulations (40 CFR 1508.18(a)), a major Federal action 
includes not only new activities but also continuing agency activities, 
such as the gamma imaging inspection system deployed by CBP. To meet 
the NEPA evaluation requirement, a Federal agency, in some instances, 
must produce an Environmental Impact Statement (EIS) that thoroughly 
examines the environmental implications (or impacts) of a major Federal 
action. In other instances, an agency need only prepare an 
Environmental Assessment (EA) that briefly analyzes the environmental 
impacts to assist the agency in decision

[[Page 55833]]

making. An EA is preliminary to production of either an EIS or a 
Finding of No Significant Impact (FONSI), depending on the preliminary 
analysis and findings of the EA. The effect of a FONSI is that an 
agency will not have to produce an EIS. In still other instances, a 
categorical exclusion may apply to the Federal action, in which case 
the agency need not produce either an EA or an EIS. A programmatic EA 
(or PEA) is one that evaluates a major Federal action on a broad, 
programmatic basis and is then followed by Supplemental Environmental 
Assessments (referred to as Supplemental Environmental Documents or 
SEDs in the draft PEA) that focus the evaluation on particular site-
specific localities.

Comments

    The comment period announced in the May 2004 notice ended on June 
28, 2004. Only six comments were received. The comments have been 
reviewed and are addressed in the Final PEA document.

Further Action

    Following issuance of the Final PEA and the FONSI, CBP will issue a 
draft SED relative to each affected port of entry and make them 
available for public review by issuance of a notice of availability in 
a local newspaper of general circulation in each affected locality. 
Each draft SED will address a local deployment site at a particular 
port, evaluating potential environmental impacts with respect to the 
particular conditions present at each locality. Each draft SED also 
will solicit public comment. CBP will review the comments and then 
determine whether a FONSI or an EIS is warranted. (CBP notes that while 
the draft PEA indicated that notice of availability of draft SEDs will 
be published in the Federal Register, this is not necessary under the 
NEPA process and the CEQ regulations. Accordingly, CBP will publish 
notice of availability in local newspapers of general circulation.)

Public Review

    The Final PEA and FONSI announced in this document 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 Final PEA/
FONSI can be obtained as follows: By written request submitted to 
Customs and Border Protection, Suite 1575, 1300 Pennsylvania Avenue, 
NW., Washington, DC 20229, Attn: Mr. Thomas Nelson; by telephone at 
(202) 344-2975; by e-mail at: [email protected]; or by 
accessing the following Web site address (click on ``Recent Federal 
Register Notices''): http://www.cbp.gov/xp/cgov/toolbox/legal.

    Dated: September 13, 2004.
Ira Reese,
Acting Assistant Commissioner, Office of Information and Technology.
[FR Doc. 04-20874 Filed 9-15-04; 8:45 am]
BILLING CODE 4820-02-P