[Federal Register Volume 74, Number 195 (Friday, October 9, 2009)]
[Rules and Regulations]
[Page 52129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24220]



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  Federal Register / Vol. 74, No. 195 / Friday, October 9, 2009 / Rules 
and Regulations  

[[Page 52129]]



DEPARTMENT OF ENERGY

10 CFR Part 1021


Online Posting of Certain DOE Categorical Exclusion 
Determinations; Policy Statement

AGENCY: Department of Energy.

ACTION: Policy statement.

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SUMMARY: To further transparency and openness in its implementation of 
the National Environmental Policy Act (NEPA), the Department of Energy 
(DOE) has established a new policy with regard to the online posting of 
certain categorical exclusion determinations. Under the new policy, 
each Program and Field Office (including the National Nuclear Security 
Administration and the Power Marketing Administrations) will document 
and post online all categorical exclusion determinations involving 
classes of actions listed in Appendix B to Subpart D of the 
Department's NEPA regulations, 10 CFR Part 1021. Posted categorical 
exclusion determinations shall not disclose classified, confidential, 
or other information that DOE otherwise would not disclose pursuant to 
the Freedom of Information Act (5 U.S.C. Part 552). Generally, each 
Program and Field Office will post categorical exclusion determinations 
on its Web site; where this is not feasible, the Office of NEPA Policy 
and Compliance will post categorical exclusions on the DOE NEPA Web 
site (http://www.gc.energy.gov/nepa).

DATES: The effective date of the policy is November 2, 2009.

FOR FURTHER INFORMATION CONTACT: For general information on the policy, 
contact: Carol Borgstrom, Director, Office of NEPA Policy and 
Compliance (GC-20), U.S. Department of Energy, 1000 Independence 
Avenue, SW., Washington, DC 20585; e-mail: [email protected]; 
telephone: 202-586-4600; leave a message at 800-472-2756; or fax: 202-
586-7031.

SUPPLEMENTARY INFORMATION:
    Categorical exclusions are classes of Departmental actions that DOE 
has, by regulation, determined do not individually or cumulatively have 
a significant effect on the environment and for which, therefore, 
neither an environmental impact statement nor an environmental 
assessment is normally required. Under DOE's NEPA regulations (10 CFR 
Part 1021), absent any extraordinary circumstances related to the 
proposal that may affect the significance of its environmental effects, 
a proposed activity can be categorically excluded from further NEPA 
review if it falls within any of the ``general'' agency classes of 
action (such as routine administrative, financial, and personnel 
actions) listed in Appendix A of Subpart D or ``specific'' agency 
actions (involving, for example, construction of bench-scale research 
projects or actions to promote energy efficiency) listed in Appendix B.
    NEPA Compliance Officers designated for DOE's Program and Field 
Offices determine whether particular proposed actions fit within the 
defined categorical exclusions. Under the new policy announced in 
``NEPA Process Transparency and Openness'' (October 2, 2009, memorandum 
from Deputy Secretary Daniel B. Poneman to Heads of Departmental 
Elements), each Program and Field Office (including the National 
Nuclear Security Administration and the Power Marketing 
Administrations) will document and post online all categorical 
exclusion determinations involving classes of actions listed in 
Appendix B. (This policy does not require posting of categorical 
exclusion determinations involving classes of actions listed in 
Appendix A.) Posted categorical exclusion determinations shall not 
disclose classified, confidential, or other information that DOE 
otherwise would not disclose pursuant to the Freedom of Information Act 
(5 U.S.C. 552). Generally, each Program and Field Office will post 
categorical exclusion determinations on its Web site; where this is not 
feasible, the Office of NEPA Policy and Compliance will post 
categorical exclusion determinations on the DOE NEPA Web site (http://www.gc.energy.gov/nepa). Regardless of where the categorical exclusion 
determination is initially posted, DOE's NEPA Web site will include 
links to published categorical exclusion determinations.
    Neither the Council on Environmental Quality's NEPA regulations (40 
CFR Parts 1500-1508) nor DOE's NEPA regulations require that 
categorical exclusion determinations be in writing or that the public 
be informed of categorical exclusion determinations. Nevertheless, DOE 
finds it appropriate to do so. Posting categorical exclusion 
determinations online is consistent with the spirit of President 
Obama's memorandum on ``Transparency and Open Government,'' issued in 
the very first hours of his presidency on January 21, 2009, which 
announced his commitment to creating an unprecedented level of openness 
in Government. The President called on Federal agency heads to make 
information about agency operations and decisions available to the 
public online, in a form that is easy to find and use, so as to 
encourage transparency, participation, and collaboration.
    Similarly, Secretary of Energy Steven Chu, in his memorandum on the 
Freedom of Information Act (June 5, 2009), stated that DOE should use 
modern technology to inform the public about DOE operations and take 
affirmative steps to post information online in a systematic way. Such 
openness is especially important when the information relates to the 
Department's compliance with NEPA, as one of the primary purposes of 
that statute is to inform the public concerning the environmental 
implications of government decisions.

    Issued in Washington, DC, on October 2, 2009.
Scott Blake Harris,
General Counsel, U.S. Department of Energy.
[FR Doc. E9-24220 Filed 10-8-09; 8:45 am]
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