[Federal Register Volume 75, Number 193 (Wednesday, October 6, 2010)]
[Notices]
[Pages 61770-61771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25116]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Notice of Availability of the Final Programmatic Environmental 
Assessment and Finding of No Significant Impact for the Deployment and 
Operation of High Energy X-Ray Inspection Systems at Sea and Land Ports 
of Entry

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

ACTION: Notice of availability.

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SUMMARY: A final Programmatic Environmental Assessment (PEA) and a 
Finding of No Significant Impact (FONSI) for High Energy X-Ray 
Inspection Systems (HEXRIS) at sea and land ports of entry has been 
prepared and is available for public review. The final PEA documents a 
review of the potential environmental effects of the deployment and 
operation of HEXRIS at various sea and land ports of entry. Based on 
the final PEA, a determination was made that the proposed action will 
not significantly affect the human environment such that further 
analysis is required. Therefore, a FONSI was issued, and no 
Environmental Impact Statement (EIS) is required.

DATES: The final PEA and FONSI are available for review through 
November 5, 2010.

ADDRESSES: Copies of the final PEA and FONSI may be obtained by 
accessing the following Internet address: http://ecso.swf.usace.army.mil/Pages/Publicreview.cfm, or by contacting Guy 
Feyen of CBP by telephone (202-344-1531), by fax (202-344-1418), by e-
mail to [email protected], or by writing to: CBP, Attn: Guy Feyen, 1300 
Pennsylvania Avenue, NW., Suite 1575, Washington, DC 20229.

FOR FURTHER INFORMATION CONTACT: Antoinette DiVittorio, Environmental 
and Energy Division, U.S. Customs and Border Protection, telephone 
(202) 344-3131.

SUPPLEMENTARY INFORMATION: High energy X-ray inspection is a non-
intrusive inspection technology that is used to scan high-density cargo 
containers for contraband such as illicit drugs, currency, guns, and 
weapons of mass destruction. To assist U.S. Customs and Border 
Protection (CBP) in meeting its mission requirements of securing the 
borders of the United States while simultaneously facilitating 
legitimate trade and travel, High Energy X-Ray Inspection Systems 
(HEXRIS) are proposed to be deployed and operated at both sea and land 
ports of entry across the United States and Puerto Rico. HEXRIS fill a 
unique niche in the types of inspection tools used by CBP at the 
Nation's ports of entry. HEXRIS are capable of penetrating dense cargo 
loads that cannot otherwise be examined with other technologies such as 
gamma imaging systems or low-energy X-ray systems. HEXRIS will also 
assist in fulfilling the requirement for the 100% scanning of 
containers entering the United States as directed in the Security and 
Accountability for Every (SAFE) Port Act of 2006. Public Law 109-347 
(Oct. 13, 2006).

The NEPA Process

    The National Environmental Policy Act of 1969 (NEPA) requires an 
agency to evaluate the environmental implications of any proposed major 
action that could significantly affect the quality of the human 
environment. Generally, to meet the NEPA requirements, an agency 
prepares an Environmental Assessment (EA) to determine whether a more 
thorough analysis of the environmental implications is necessary. If 
such an analysis is necessary, the agency will produce an Environmental 
Impact Statement (EIS). If additional analysis is not necessary, the 
agency will issue a Finding of No Significant Impact (FONSI). A 
Programmatic Environmental Assessment (PEA) is an EA that evaluates a 
major action on a broad, programmatic basis. Environmental evaluations 
at specific project locations are conducted later.

HEXRIS PEA

    On May 25, 2010, CBP published a notice in the Federal Register (75 
FR 29357). entitled: ``Notice of Availability of the Draft Programmatic 
Environmental Assessment for the Deployment and Operation of High 
Energy X-Ray Inspection Systems at Sea and Land Ports of Entry.'' This 
notice announced that a draft PEA concerning HEXRIS had been prepared 
and made available to the public in accordance with NEPA, the Council 
on Environmental Quality Regulations for Implementing the NEPA (40 CFR 
parts 1500-1508), and Department of Homeland Security Directive 023-01 
(renumbered from 5100.1), Environmental Planning Program of April 19, 
2006. The notice informed the public on how to obtain a copy of the 
draft PEA and requested comments from the public about the draft PEA. 
The draft PEA addressed the potential environmental effects from the 
installation and operation of HEXRIS at various ports throughout the 
United States. CBP conducted evaluations on various resources present 
at the ports, including: Climate, soils, water quality, air quality, 
vegetation, wildlife, noise, infrastructure, aesthetics, and 
radiological heath and safety, which were discussed in the draft PEA. 
The draft was made available for a 30 day public comment period, 
beginning on the date of the publication of the notice. The comment 
period ended on June 24, 2010. Two comments were received.
    CBP has now prepared the final PEA for the deployment and operation 
of HEXRIS. The comments received on the draft PEA have been reviewed 
and are

[[Page 61771]]

included in the final PEA document. On the basis of the final PEA, CBP 
determined that the installation and operation of HEXRIS will have no 
significant impact on human health or the environment and that 
preparation of an EIS is not warranted. A FONSI was issued on August 3, 
2010. The environmental implications for individual ports will be 
considered as HEXRIS are installed. Any relevant documents will be made 
available for public review via publication of notices in the Federal 
Register.

    Dated: October 1, 2010.
 Gregory Giddens,
Executive Director, Facilities Management and Engineering, Office of 
Administration.
[FR Doc. 2010-25116 Filed 10-5-10; 8:45 am]
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