[Federal Register Volume 74, Number 165 (Thursday, August 27, 2009)]
[Proposed Rules]
[Pages 43649-43653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20674]
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ARMED FORCES RETIREMENT HOME
38 CFR Part 200
[Docket No. AFRH 2009-01]
RIN 3030-ZA00
Compliance With the National Environmental Policy Act
AGENCY: Armed Forces Retirement Home.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Armed Forces Retirement Home (AFRH) proposes regulations
establishing policy and assigning responsibilities for implementing the
National Environmental Policy Act (NEPA) of 1969, related laws,
executive orders, and regulations in the decision-making process of the
AFRH. These regulations were developed to comply with Section 103 of 42
U.S.C. 4321.
DATES: Submit comments on or before October 1, 2009.
ADDRESSES: You may submit comments, identified by AFRH 2009-01, by any
of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Timothy Cox, COO, AFRH, 3700 N. Capitol St., NW.,
P.O. Box 1303, Washington, DC 20011-8400.
Hand Delivery/Courier: Timothy Cox, COO, AFRH, 3700 N.
Capitol St., NW., Washington, DC 20011.
FOR FURTHER INFORMATION CONTACT: Joe Woo, Master Planner, (202) 730-
3445.
SUPPLEMENTARY INFORMATION: This proposed rule is not a major rule for
the purposes of Executive Order 12866. As required by the Regulatory
Flexibility Act, AFRH certifies that this proposed rule will not have a
significant impact on small business entities.
This proposed rule will set out environmental policy for the Armed
Forces Retirement Home (AFRH) and provide direction for carrying out
the procedural requirements of the National Environmental Policy Act.
These regulations were developed to comply with Section 103 of 42
U.S.C. 4321.
Electronic Access and Filing
You may submit comments by sending electronic mail (E-mail) to:
[email protected]. Include RIN number in the subject line of the
message. You may also fax comments to 202-205-5295, Attn: Mr. Tim
Scheckler.
Instructions
All submissions received must include the agency name and document
number for this rulemaking.
Docket
For access to the docket to read background documents or comments
received, go to 3700 North Capitol Street, NW., Washington, DC 20011.
List of Subjects in 38 CFR Part 200
Compliance with the National Environmental Policy Act.
For the reasons stated in the preamble, the Armed Forces Retirement
Home (AFRH) proposes to amend 38 CFR Chapter II by adding Part 200 to
read as follows:
PART 200--COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT
Sec.
200.1 Purpose.
200.2 Background.
200.3 Responsibilities.
200.4 Implementation of NEPA and related authorities.
200.5 Coordination with other authorities.
200.6 Public involvement.
[[Page 43650]]
200.7 Cooperating agencies.
200.8 AFRH participation in NEPA compliance by other agencies.
Appendix A to Part 200--Categorical Exclusions
Appendix B to Part 200--The Action Requiring an Environmental
Assessment
Appendix C to Part 200--Actions Requiring Environmental Impact
Statement
Authority: 24 U.S.C. 401, et seq.
Sec. 200.1 Purpose.
These regulations set out AFRH environmental policy and provide
direction for carrying out the procedural requirements of the National
Environmental Policy Act (NEPA) and related legal authorities.
Sec. 200.2 Background.
(a) The NEPA and the Council on Environmental Quality regulations
implementing the procedural requirements of NEPA (40 CFR 1500 through
1508, hereinafter, the CEQ regulations) require that each Federal
agency consider the impact of its actions on the human environment and
prescribe procedures to be followed. Other laws, executive orders, and
regulations provide related direction. NEPA establishes and AFRH adopts
as policy that as a Federal agency, AFRH will: Use all practicable
means, consistent with other essential considerations of national
policy, to improve and coordinate Federal plans, functions, programs,
and resources to the end that the Nation may:
(1) Fulfill the responsibilities of each generation as trustee of
the environment for succeeding generations;
(2) Assure for all Americans safe, healthful, productive, and
esthetically and culturally pleasing surroundings;
(3) Attain the widest range of beneficial uses of the environment
without degradation, risk to health or safety, or other undesirable and
unintended consequences;
(4) Preserve important historic, cultural, and natural aspects of
our national heritage, and maintain, wherever possible, an environment
which supports diversity, and variety of individual choice;
(5) Achieve a balance between population and resource use which
will permit high standards of living and a wide sharing of life's
amenities; and
(6) Enhance the quality of renewable resources and approach the
maximum attainable recycling of depletable resources.
(b) As an important means of carrying out this policy, AFRH will
analyze and consider the impacts of its proposed actions (activities,
programs, projects, legislation) and any reasonable alternatives on the
environment, and on the relationship of people with the environment.
This analysis is to be undertaken early in planning any such action, as
an aid to deciding whether the action will go forward, and if so how.
Consideration must be given to reasonable alternative means of
achieving the purpose and need for the proposed action, and to the
alternative of not taking the proposed action. The analysis is to be
completed, and used to inform the decision maker and make the public
aware of the action's potential impacts, before the decision is made
about whether and how to proceed with the action. Relevant
environmental documents, comments, and responses regarding the proposal
will accompany the proposal and be presented to the AFRH decision maker
for their consideration.
(c) NEPA also requires and AFRH will ensure that, to the fullest
extent possible, analyses and consultations required by other
environmental laws be coordinated with those required under NEPA, to
reduce redundancy, paperwork, time, and cost.
(d) The AFRH is an independent Federal agency that provides
residence and related services for certain retired and former members
of the Armed Forces. The AFRH has property in Washington, DC and
Gulfport, MS.
(e) This part contains AFRH's general policy regarding NEPA
implementation and sets out AFRH procedures that supplement the CEQ
regulations for meeting NEPA requirements. It also assigns
responsibilities to the Chief Operating Officer (COO) for the AFRH and
the Master Planner. These regulations provide further detail regarding
the conduct of NEPA impact analyses.
Sec. 200.3 Responsibilities.
(a) The COO is the AFRH NEPA official responsible for compliance
with NEPA for AFRH actions. The COO also provides the AFRH's views on
other agencies' environmental impact statements (EIS).
(b) The Master Planner is the point of contact for information on:
AFRH NEPA documents; NEPA oversight activities; and review of other
agencies' EISs and NEPA documents.
(c) The AFRH's assigned counsel is the point of contact for legal
questions involving environmental matters.
Sec. 200.4 Implementation of NEPA and related authorities.
(a) Classification of AFRH actions. (1) All AFRH proposed actions
typically fall into one of the following three classes, in terms of
requirements for review under NEPA: Categorical exclusions,
environmental assessments, and environmental impact statements.
(2) The Master Planner, is responsible for classifying proposed
actions and undertaking the level of analysis, consultation, and review
appropriate to each.
(b) Categorical Exclusions (CATEX). (1) A categorical exclusion
(CATEX) is a category of actions which do not individually or
cumulatively have a significant effect on the human environment, except
under extraordinary circumstances (42 CFR 1508.4). Because they lack
the potential for effect, they do not require detailed analysis or
documentation under NEPA.
(i) Determining when to use a CATEX (screening criteria). To use a
CATEX, the proponent must satisfy the following three screening
conditions:
(A) The action has not been segmented. Determine that the action
has not been segmented to meet the definition of a CATEX. Segmentation
can occur when an action is broken down into small parts in order to
avoid the appearance of significance of the total action. An action can
be too narrowly defined, minimizing potential impacts in an effort to
avoid a higher level of NEPA documentation. The scope of an action must
include the consideration of connected, cumulative, and similar
actions.
(B) No exceptional circumstances exist. Determine if the action
involves extraordinary circumstances that would preclude the use of a
CATEX (see 4(b)(1)(ii)(A) through (xiv) of this section).
(C) One (or more) CATEX (See Appendix A to Part 200) encompasses
the proposed action. Identify a CATEX (or multiple CATEXs) that
potentially encompasses the proposed action. If no CATEX is
appropriate, and the project is not exempted by statute or emergency
provisions, an EA or an EIS must be prepared, before a proposed action
may proceed.
(ii) Extraordinary circumstances that preclude the use of a CATEX
are:
(A) Reasonable likelihood of significant effects on public health,
safety, or the environment.
(B) Reasonable likelihood of significant environmental effects
(direct, indirect, and cumulative).
(C) Imposition of uncertain or unique environmental risks.
(D) Greater scope or size than is normal for this category of
action.
(E) Reportable releases of hazardous or toxic substances as
specified in 40 CFR part 302.
(F) Releases of petroleum, oils, and lubricants, application of
pesticides and herbicides, or where the proposed
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action results in the requirement to develop or amend a Spill
Prevention, Control, or Countermeasures Plan.
(G) When a review of an action reveals that air emissions exceed de
minimis levels or otherwise that a formal Clean Air Act conformity
determination is required.
(H) Reasonable likelihood of violating any Federal, State, or local
law or requirements imposed for the protection of the environment.
(I) Unresolved effect on environmentally sensitive resources, as
defined in paragraph (b)(1)(iii) of this section.
(J) Involving effects on the quality of the environment that are
likely to be highly controversial.
(K) Involving effects on the environment that are highly uncertain,
involve unique or unknown risks, or are scientifically controversial.
(L) Establishes a precedent (or makes decisions in principle) for
future or subsequent actions that are reasonably likely to have a
future significant effect.
(M) Potential for degradation of already existing poor
environmental conditions. Also, initiation of a degrading influence,
activity, or effect in areas not already significantly modified from
their natural condition.
(N) Introduction/employment of unproven technology.
(iii) If a proposed action would adversely affect ``environmentally
sensitive'' resources, unless the impact has been resolved through
another environmental process (e.g., CZMA, NHPA, CWA, etc.) a CATEX
cannot be used. Environmentally sensitive resources include:
(A) Listed or proposed Federally listed, threatened, or endangered
species or their designated or proposed critical habitats.
(B) Properties listed or eligible for listing on the National
Register of Historic Places.
(C) Areas having special designation or recognition such as prime
or unique agricultural lands; coastal zones; designated wilderness or
wilderness study areas; wild and scenic rivers; National Historic
Landmarks (designated by the Secretary of the Interior); 100-year
floodplains; wetlands; sole source aquifers (potential sources of
drinking water); National Wildlife Refuges; National Parks; areas of
critical environmental concern; or other areas of high environmental
sensitivity.
(iv) The use of a CATEX does not relieve the proponent from
compliance with other statutes, such as RCRA, or consultations under
the Endangered Species Act or the NHPA. Such consultations may be
required to determine the applicability of the CATEX screening
criteria.
(v) For those CATEXs that require documentation, a brief (one to
two sentences) presentation of conclusions reached during screening
should be included with the checklist. Checklists may be obtained from
the Master Planner at 3700 North Capitol Street, NW., Washington, DC
20011.
(2) AFRH recognizes two types of CATEX:
(i) CATEX--does not require documentation unless the Master Planner
determines that an extraordinary circumstance may exist, whereupon a
CATEX--requires documentation that must be prepared (see below). The
likelihood of such a circumstance is judged to be so low that no
specific environmental document is typically required.
(ii) CATEX--requires documentation that involves a cursory review
to ensure that no extraordinary circumstances exist. For an action
falling into such a category, a CATEX requiring documentation is
completed to support a determination by the Master Planner, as to
whether the action needs further review under NEPA. A CATEX
documentation is developed and maintained by the Master Planner.
(3) CATEXs requiring and not requiring documentation are listed in
Appendix A of these regulations.
(c) Environmental Assessment (EA). (1) An Environmental Assessment
(EA) is a concise public document prepared by or on behalf of AFRH that
assists AFRH in deciding whether or not there may be significant
effects requiring a more detailed Environmental Impact Statement.
Actions typically requiring preparation of an EA are found in Appendix
B to Part 200.
(2) The analysis required for an EA leads either to a Finding of No
Significant Impact (FONSI) or a Notice of Intent (NOI) to prepare an
Environmental Impact Statement. AFRH will prepare a FONSI in accordance
with 40 CFR 1508.13, if the agency determines on the basis of the EA
that there are no significant environmental effects and therefore,
there is no need to prepare an Environmental Impact Statement. AFRH
shall make the FONSI available to the affected public as specified in
Sec. 1506.6. Under certain limited circumstances, AFRH shall make the
finding of no significant impact available for public review for 30
days before the agency makes its final determination whether to prepare
an environmental impact statement and before the action may begin. The
circumstances are:
(i) The proposed action is, or is closely similar to, one which
normally requires the preparation of an environmental impact statement;
(ii) The nature of the proposed action is one without precedent; or
(iii) There is controversy associated with the environmental
effects of the proposed action.
(d) Environmental Impact Statement (EIS). (1) An Environmental
Impact Statement (EIS) is a detailed analysis and report, that presents
the environmental effects of a proposed action and its reasonable
alternatives. An EIS is prepared for any AFRH action that may have
significant effects on the quality of the human environment. A Notice
of Intent will be prepared and published in the Federal Register as
soon as practicable after deciding to prepare an EIS. When a lengthy
period of time will elapse between the decision to prepare the EIS and
preparation of the EIS, the notice of intent should be published at a
reasonable time prior to preparing the EIS.
(2) Certain AFRH actions are likely to have significant effects on
the quality of the human environment, and hence typically require an
EIS. These classes of action are listed in Appendix C to Part 200.
(3) When it appears that the action is likely to have significant
effects on the quality of the human environment, AFRH will prepare an
EIS. An action that typically requires an EIS is found in Appendix C to
Part 200. An EA may be prepared to aid in deciding whether an EIS is
needed, or the responsible official may decide to prepare an EIS
without preparing an EA.
(4) Direction for preparing, circulating, finalizing, and using an
EIS in decision making is found in the CEQ Regulations (40 CFR parts
1500 through 1508).
(e) Supplemental statements. If an EA or an EIS has been completed
and the AFRH goes to implement the action, but no action has been taken
within four years of the completion of the EA or EIS, the AFRH will
review the document to determine if circumstances have changed that
would warrant a supplement to the original document. A supplemental
statement will be provided to the decision maker to inform the
decisions on whether and how to proceed with the proposed action and be
maintained with the previous EA or EIS and related records for the
proposed action.
(f) Using NEPA in decision making. (1) Compliance with NEPA and
related authorities will begin at the earliest point in planning any
action, when the
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widest reasonable range of alternatives is open for consideration.
(2) The NEPA review process will be carried out in coordination
with continued planning.
(3) All personnel involved in planning actions should view NEPA
review as part of effective planning, not as a mere documentation
requirement.
(4) Outside agencies, State and local governments, Indian Tribes,
and the public will whenever practicable be afforded reasonable
opportunities to participate in the NEPA process.
(5) The results of NEPA review will be fully considered by each
AFRH decision-maker before making a decision on an action subject to
such review and the alternatives considered by the decision-maker will
be encompassed within the range of alternatives for the action.
(6) AFRH will ensure relevant environmental documents, comments,
and responses are part of the record in formal rulemaking or
adjudicatory proceedings.
(7) Executives and other employees responsible for aspects of NEPA
review will be held accountable for the performance of such
responsibilities, through performance reviews and other administrative
mechanisms.
Sec. 200.5 Coordination with other authorities.
(a) To the maximum extent feasible, NEPA review shall be
coordinated with review of proposed actions under other environmental
legal authorities, including but not limited to the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA); the
National Historic Preservation Act (NHPA); the Endangered Species Act
(ESA); Executive Orders 11988, 11990, and 13006; and other applicable
authorities.
(b) In effecting such coordination, responsible AFRH officials will
ensure that the substantive and procedural requirements of other
environmental authorities are met, together with the requirements of
NEPA. It will be explicitly understood that compliance with NEPA does
not substitute for compliance with other environmental authorities, nor
does compliance with such other authority substitute for compliance
with NEPA.
Sec. 200.6 Public involvement.
(a) As part of its system for NEPA compliance, the COO and the
Master Planner shall provide for levels and kinds of public involvement
appropriate to the proposed action and its likely effects.
(b) Where a related authority provides specific procedures for
public involvement, the responsible AFRH official shall ensure that
such procedures where practicable in the process of NEPA review.
(c) Public involvement in the AFRH NEPA process shall have as its
purpose the full disclosure of AFRH actions and alternatives to the
public, within the constraints of AFRH program authorities, and giving
the public a full opportunity to comment on the environmental effects
of AFRH proposals.
(d) Pursuant to Executive Order 12898, special efforts will be made
to involve members of potentially affected low-income and minority
communities in NEPA review and decision-making. Such efforts may
include, but are not limited to, special programs of community
outreach, including cross-cultural programs, translations of pertinent
documents, and ensuring that translators are available at public
meetings.
(e) Information pertaining to AFRH actions and/or NEPA
documentation can be obtained through the Master Planner at 3700 North
Capitol Street, NW., Washington, DC 20011.
Sec. 200.7 Cooperating agencies.
(a) Federal agencies with jurisdiction by law will be invited to
serve as cooperating agencies and Federal agencies with special
expertise may be invited to serve as cooperating agencies in the
conduct of NEPA review of an AFRH proposed action.
(b) The responsible AFRH official will invite other Tribal, State,
and local agencies to serve as cooperating agencies with subject matter
jurisdiction or special expertise in the conduct of NEPA review of an
AFRH proposed action.
Sec. 200.8 AFRH participation in NEPA compliance by other agencies.
(a) AFRH may participate in the NEPA process as a cooperating
agency for another lead agency's project, or as a commenter/reviewer of
another agency's NEPA document. AFRH may also participate in
environmental studies carried out by non-Federal parties (for example,
a local government conducting studies under a State environmental
policy law) where such studies are relevant to AFRH's interests or may
be incorporated by AFRH into its own studies under NEPA. Where AFRH
will be responsible for a decision on a project that is the subject of
such a study, and has the authority to do so, AFRH will ensure that the
study and its resulting documents meet the standards set forth in these
regulations in coordination with the COO.
(b) As a cooperating agency, AFRH participates in the NEPA process
as requested by the lead agency, in accordance with 40 CFR 1501.6 of
the CEQ regulations. Tasks may include participating in meetings and
providing specific information relevant to the matters over which it
has jurisdiction by law or expertise.
(c) AFRH comments shall be prepared in consultation with, or by,
the Master Planner.
(d) The responsible AFRH official may provide comments and/or
reviews of another agency's NEPA documents, and/or other Federal and
State environmental documents.
(e) AFRH comments shall be provided in accordance with 40 CFR
1503.3.
Appendix A to Part 200: Categorical Exclusions
A.1 Purpose
The purpose of Categorical Exclusions (CATEXs) is to limit
extensive NEPA analysis to those actions that may be major Federal
actions significantly affecting the quality of the human
environment, thus saving time, effort, and taxpayer dollars.
A.2 Definition
An action is categorically excluded from the requirement to
prepare an EA or an EIS if it meets the following definition:
``Categorical exclusion'' means a category of actions which do
not individually or cumulatively have a significant effect on the
human environment and which have been found to have no such effect
in procedures adopted by a Federal agency in implementation of these
regulations and for which, therefore, neither an environmental
assessment nor an environmental impact statement is required. An
agency may decide in its procedures or otherwise, to prepare
environmental assessments for the reasons stated in Sec. 1508.9
even though it is not required to do so. Any procedures under this
section shall provide for extraordinary circumstances in which a
normally excluded action may have a significant environmental
effect. (40 CFR 1508.4)
AFRH has identified two types of CATEXs: (1) The CATEX, which
does not require documentation and requires completion of an
environmental checklist.
A.3 CATEXs--Requires No Documentation
The following CATEXs require no documentation.
A.3(a) Granting a lease (i.e., outlease), an easement, license,
permit (i.e., licenses to Federal entities), or other arrangements
for Federal or non-Federal use of AFRH controlled real property,
where such use will remain substantially the same in scope and
intensity.
A.3(b) Extensions or renewals of leases, licenses or permits
(i.e., licenses to Federal entities) or succeeding leases,
easements, licenses or permits whether AFRH is acting as grantor or
grantee and there is no change in use of the facility.
[[Page 43653]]
A.3(c) Repair and alteration projects involving, but not
adversely affecting, properties listed on or eligible for the
National Register of Historic Places.
A.3(d) Repair to or replacement in kind of equipment or
components in AFRH-controlled facilities without change in location,
e.g. HVAC, electrical distribution systems, windows, doors or roof.
A.3(e) Disposal or other disposition of claimed or unclaimed
personal property of deceased persons.
A.3(f) Supportive services that include health care and housing
services, permanent housing placement, day care, nutritional
services, collection of payment for services, short-term payments
for rent/mortgage/utility costs, and assistance in gaining access to
local, State, and Federal government benefits and services.
A.3(g) Normal personnel, fiscal, and administrative activities
involving civilian personnel (recruiting, processing, paying, and
records keeping).
A.3(h) Routine or minor facility maintenance, custodial, and
groundskeeping activities such as window washing, lawn mowing, trash
collecting, and snow removal that do not involve environmentally
sensitive areas (such as eroded areas, wetlands, cultural sites, or
areas with endangered/threatened species).
A.3(i) Environmental Site Assessment activities under RCRA and
CERCLA;
A.3(j) Geological, geophysical, geochemical, and engineering
surveys and mapping, including the establishment of survey marks;
A.3(k) Installation and operation of ambient air and noise
monitoring equipment that does not include constructing or erecting
towers;
A.3(l) Routine procurement of goods and services (complying with
applicable procedures for sustainable or ``green'' procurement) to
support operations and infrastructure, including routine utility
services and contracts.
A.3(m) Routine movement/relocations of residents on site.
A.4 CATEXs Requiring Documentation
The following are categorical exclusions that require
preparation of a checklist to ensure that no extraordinary
circumstances exist that would require preparation of an EA or EIS.
Checklists may be obtained from the Master Planner at 3700 North
Capitol Street, NW., Washington, DC 20011.
A.4(a) Expansion or improvement of an existing facility where
all of the following conditions are met:
A.4(a)(1) The structure and proposed use are substantially in
compliance with local planning and zoning and any applicable State
or Federal requirements;
A.4(a)(2) The proposed use will only slightly increase the
number of motor vehicles at the facility;
A.4(a)(3) The site and the scale of construction are consistent
with those of existing adjacent or nearby buildings; and
A.4(a)(4) There is no evidence of environmental controversy.
A.4(b) Transfer or disposal of real property to State or local
agencies for preservation or protection of wildlife conservation and
historic monument purposes.
A.4(c) Disposal of fixtures, related personal property,
demountable structures, and transmission lines in accordance with
management requirements.
A.4(d) Disposal of properties where the size, area, topography,
and zoning are similar to existing surrounding properties and/or
where current and reasonable anticipated uses are or would be
similar to current surrounding uses (e.g., commercial store in a
commercial strip, warehouse in an urban complex, office building in
downtown area, row house or vacant lot in an urban area).
A.4(e) Demolition, removal and disposal of debris from the
demolition or improvement of buildings and other structures neither
on nor eligible for listing on the National Register of Historic
Places and when under applicable regulations (i.e., removal of
asbestos, polychlorinated biphenyls (PCBs), and other hazardous
material) when other environmental laws and regulations will be
satisfied prior to demolition, removal and disposal.
A.4(f) Relocations and realignments of employees and/or
residents from one geographic area to another that: Fall below the
thresholds for reportable actions and do not involve related
activities such as construction, renovation, or demolition
activities that would otherwise require an EA or an EIS to
impellent. This includes reorganization and reassignments with no
changes in employee and/or resident status, and routine
administrative reorganizations and consolidations.
Appendix B to Part 200: The Action Requiring an Environmental
Assessment
The following actions are not considered to be major Federal
actions significantly affecting the quality of the human environment
and; therefore, require an Environmental Impact Statement (EIS) nor
are considered a categorical exclusion as defined in these
regulations and would require the preparation of an Environmental
Assessment (EA):
B.1 Construction on previously disturbed property where there is
the potential for a increase in traffic and people.
Appendix C to Part 200: Actions Requiring Environmental Impact
Statement
The following actions are considered to be major Federal actions
significantly affecting the quality of the human environment, and
therefore must be the subjects of EIS, as indicates may have
significant environmental effects:
C.1 Acquisition of space by Federal construction or lease
construction, or expansion or improvement of an existing facility,
where one or more of the following applies:
C.1(a) The structure and/or proposed use are not substantially
consistent with local planning and zoning or any applicable State or
Federal requirements.
C.1(b) The proposed use will substantially increase the number
of motor vehicles at the facility.
C.1(c) The site and scale of construction are not consistent
with those of existing adjacent or nearby buildings.
C.1(d) There is evidence of current or potential environmental
controversy.
C.2 Space acquisition programs projected for a substantial
geographical area (e.g., a metropolitan area) for a 3-to-5-year
period or greater (Note: A Programmatic EIS is often appropriate
here, from which subsequent EISs and EAs can be tiered).
Dated: August 21, 2009.
Timothy Cox,
Chief Operating Officer.
[FR Doc. E9-20674 Filed 8-26-09; 8:45 am]
BILLING CODE 8250-01-P