[Federal Register: May 26, 2009 (Volume 74, Number 99)]
[Notices]
[Page 24782-24785]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my09-29]
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DEPARTMENT OF COMMERCE
[Docket No. 090520919-9919-01]
RIN 0648-XP46
National Environmental Policy Act--Proposed Categorical
Exclusions
AGENCY: U.S. Department of Commerce.
ACTION: Notice, request for comments.
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SUMMARY: The U.S. Department of Commerce (DOC) publishes this notice to
request public comments on proposed categorical exclusions of actions
that the agency has determined do not individually or cumulatively have
a significant effect on the human environment and, thus, should be
categorically excluded from the requirement to prepare an environmental
assessment or environmental impact statement under the National
Environmental Policy Act, 42 U.S.C. 4321 et seq. (NEPA).
DATES: Comments on the proposed list of categorical exclusions must be
received by June 15, 2009 to ensure consideration. Late comments will
be considered to the extent practicable.
ADDRESSES: The ``Draft Department of Commerce Administrative Record''
for the proposed categorical exclusions is available at: http://
www.nepa.noaa.gov/procedures.html under ``Draft Department of Commerce
Administrative Record for the proposed categorical exclusions''. All
comments should be addressed to Office of Program Planning and
Integration, National Oceanic and Atmospheric Administration, Attn.:
Steve Kokkinakis, SSMC3--Room 15723, 1315 East-West Highway, Silver
Spring, Maryland 20910. Comments may be sent by mail or hand-delivered
to the above-listed address Monday--Friday between the hours of 9:00
a.m. and 4:30 p.m. Comments may also be sent by electronic mail to the
following internet address: Strategic.planning@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Written requests for a hard copy of
the ``Draft Department of Commerce Administrative Record'' for the
proposed categorical exclusions should be submitted to: Steve
Kokkinakis, National Oceanic and Atmospheric Administration, Office of
Program Planning & Integration, SSMC3, Room 15723, 1315 East-West
Highway, Silver Spring, MD 20910.
SUPPLEMENTARY INFORMATION:
I. National Environmental Policy Act
NEPA requires that Federal agencies prepare environmental impact
statements for major Federal actions that may ``significantly affect
the quality of the human environment.'' NEPA requirements apply to any
federal project, decision, or action, including grants that might have
a significant impact on the quality of the human environment. NEPA also
established the Council on Environmental Quality (CEQ), which issued
regulations implementing the procedural provisions of NEPA. Among other
considerations, the CEQ regulations require Federal agencies to adopt
their own implementing procedures to supplement the Council's
regulations, and to establish and use ``categorical exclusions'' to
define categories of actions that do not individually or cumulatively
have a significant effect on the human environment. These particular
actions, therefore, do not require preparation of an environmental
assessment or environmental impact statement as required by NEPA.
DOC consists of thirteen operating units with diverse and often
highly technical portfolios that--together--promote job creation and
improved living standards for all Americans by creating an
infrastructure that promotes economic growth, technological
competitiveness, and sustainable development domestically and abroad
for all Americans. Among its tasks are: 1. Provide the information and
tools to maximize U.S. competitiveness and enable economic growth for
American industries, workers, and consumers; 2 Foster science and
technological leadership by protecting intellectual property, enhancing
technical standards and advancing measurement science; and 3. Observe,
protect and manage the Earth's resources to promote environmental
stewardship.
DOC does not currently have any Department-wide categorical
exclusions (CEs). Only two operating units within DOC have existing
CEs--the National Oceanic and Atmospheric Administration (NOAA) and the
Economic Development Administration (EDA)--but they are not available
for use by other DOC operating units. The need for Department-wide CEs
was identified during recent efforts to standardize policy and
procedures for all operating unit grant and cooperative agreement
programs. This notice targets that effort. DOC is requesting public
comment on the following proposed CEs (as well as the administrative
record supporting each exclusion) before making them available for use
by all of its operating units.
II. Development Process for Establishing Department-wide CEs
The list of DOC CEs was compiled through an inter-departmental
effort that included participation from the National Institute of
Standards and Technology (NIST), National Telecommunication and
Information Administration (NTIA), EDA, NOAA, the Office of General
Counsel and the Department's Energy, Safety and Environment Division.
Representatives from these organizations comprised the review panel
responsible for determining appropriate CEs for the DOC.
The CEs have been approved by the DOC Office of General Counsel and
the designated Senior Agency Official for NEPA.
Each proposed CE was reviewed and deliberated in concept, coverage,
applicability, and wording. The review panel carefully examined the
portion of the administrative record associated with each CE to ensure
that the proposed exclusion fulfilled the goal of balancing increased
administrative efficiency with avoidance of misinterpretations and
misapplications of exclusionary language that could lead to non-
compliance with NEPA requirements. Having determined that each proposed
CE met these objectives, the review panel ultimately concluded that the
actions contemplated by these exclusions encompassed activities that
have no inherent potential for significant environmental impacts.
The panel's conclusions were further supported by the
determinations made by other Federal agencies that had established CEs
for activities similar in nature, scope and impact to those
contemplated by DOC. The review panel determined from their experience
in or on behalf of other Federal agencies that the characteristics of
the activities in
[[Page 24783]]
DOC were no different than those performed by other Federal agencies.
Accordingly, through a deliberative process, the review panel
determined that the proposed categorical exclusions encompassed
activities that inherently did not have individual or cumulative
significant impact on the human environment.
Notwithstanding these conclusions, the review panel noted that all
projects involving a major federal action will be subject to scoring on
the ``Departmental NEPA Checklist''. Any project that obtains a ``YES''
answer in any category is not permitted to use the CE and will be
required to prepare an Environmental Assessment (EA) or an
Environmental Impact Statement (EIS). Moreover, the National Historic
Preservation Act requirements, if appropriate, still apply to all
projects. The use of these CEs does not constitute a release from
Section 106 consultation requirements.
III. Proposed Department-wide Categorical Exclusions
A-1 Minor renovations and additions to buildings, roads, airfields,
grounds, equipment, and other facilities that do not result in a change
in the functional use of the real property (e.g. realigning interior
spaces of an existing building, adding a small storage shed to an
existing building, retrofitting for energy conservation, or installing
a small antenna on an already existing antenna tower that does not
cause the total height to exceed 200 feet and where the FCC would not
require an environmental assessment or environmental impact statement
for the installation).
This categorical exclusion is supported by long-standing
categorical exclusions and administrative records. In particular, the
review panel identified the legacy categorical exclusions and
Environmental Assessments from the U.S. Department of Agriculture,
Federal Emergency Management Agency, Federal Aviation Administration,
U.S. Coast Guard, the U.S. Air Force, Immigration and Naturalization
Services. Further, the review panel found that Environmental
Assessments of a similar nature, scope, and intensity were performed at
EDA, NOAA, U.S. Department of Agriculture, Federal Law Enforcement
Training Center and the U.S. Border Patrol without significant
environmental impacts.
A-2 New construction upon or improvement of land where all of the
following conditions are met:
(a) The site is in a developed area and/or a previously disturbed
site,
(b) The structure and proposed use are compatible with applicable
Federal, tribal, state, and local planning and zoning standards and
consistent with federally approved state coastal management programs,
(c) The proposed use will not substantially increase the number of
motor vehicles at the facility or in the area,
(d) The site and scale of construction or improvement are
consistent with those of existing, adjacent, or nearby buildings, and,
(e) The construction or improvement will not result in uses that
exceed existing support infrastructure capacities (roads, sewer, water,
parking, etc.).
DOC is not a major land managing agency in the Federal government.
Department activities involving new construction or improvements of
land typically involve single buildings and supporting infrastructure
in a single locality. Any potential for environmental impacts would be
of a small scale and confined to more localized impacts.
The review panel identified an internal Departmental EA from EDA
that resulted in a Finding of No Significant Impact and legacy
categorical exclusions and Findings of No Significant Impact from the
U.S. Coast Guard, Federal Emergency Management Agency, U.S. Navy, and
the U.S. Border Patrol. EDA issues construction grants to stimulate
economic development. Both NOAA and the U.S. Coast Guard manage a large
number of facilities in sensitive aquatic environments along all
maritime coasts and several rivers. The National Aeronautics and Space
Administration has a large number of specialty buildings used to help
develop and promote the nation's space program. Legacy categorical
exclusions from the Federal Emergency Management Agency include public
assistance programs that could be implemented in any part of the United
States to assist in preparing and recovering from a disaster.
Additionally, legacy categorical exclusions from the U.S. Navy allow
minor construction under circumstances identical to those proposed
under this DOC categorical exclusion. The U.S. Border Patrol brought a
legacy of environmental assessments and findings of no significant
impact for its land based activities. Based upon this extensive history
of environmental analyses and the experience of its members, the review
panel found that actions of a similar nature, scope, and intensity were
performed throughout the Federal government without significant
environmental impacts.
Since new construction or improvements on land could involve
numerous considerations, the review panel took great care to establish
limiting provisions to avoid the potential for significant impacts to
the human environment. The following limiting provisions were
established to both conform to the evidence presented in the
administrative record, to clarify meaning of those limiting provisions
found in the administrative record, or to add to or modify limitations
found in the record based on the experience of the review panel members
to further avoid the potential for significant impacts to the human
environment:
(a) The site is in a developed area and/or a previously disturbed
site,
(b) The structure and proposed use are compatible with applicable
Federal, tribal, state, and local planning and zoning standards and
consistent with federally approved state coastal management programs
(pursuant to the Coastal Zone Management Act);
(c) The proposed use will not substantially increase the number of
motor vehicles at the facility or in the area;
(d) The site and scale of construction or improvement are
consistent with those of existing, adjacent, or nearby buildings; and
(e) The construction or improvement will not result in uses that
exceed existing support infrastructure capacities (roads, sewer, water,
parking, etc.)
As a result of all of these limitations, the review panel
determined that this categorical exclusion contemplated activities that
would inherently have no potential for significant impacts to the human
environment.
The review panel defined this categorical exclusion to be
sufficiently related to actions that may involve one or more
extraordinary circumstances. To ensure that only those actions having
negligible impacts on the human environment are contemplated by this
categorical exclusion, the review panel proposed that a Record of
Environmental Consideration be prepared to document the determination
whether the action is either appropriately categorically excluded or
whether it requires further analysis through an EA or EIS process.
A-3 Software development, data analysis, or testing, including but not
limited to computer modeling in existing facilities.
[[Page 24784]]
Research, development, testing, and evaluation activities or
laboratory operations contemplated by this categorical exclusion are
those that would be undertaken within facilities that are operated
under stringent requirements designed to protect the quality of the
human environment. As exemplified by documents in the administrative
record, these requirements include strict operating procedures
governing laboratory operations and personnel responsibilities. Because
of these controls, these types of laboratory activities have no
potential for significant environmental impacts. Further, the Panel
found that actions of a similar nature, scope, and intensity were
performed in laboratories throughout the Federal government.
This CE is supported by long-standing categorical exclusions and
administrative records. In particular, the review panel identified
legacy categorical exclusions from Federal Emergency Management Agency,
U.S. Department of Agriculture, U.S. Department of Energy, the U.S.
Department of Interior, and the U.S. Navy. Additionally, the review
panel identified EAs that resulted in Findings of No Significant Impact
from NOAA and the National Aeronautics and Science Administration.
A-4 Siting/construction/operation of microwave/radio communication
towers less than 200 feet in height without guy wires on previously
disturbed ground.
DOC, through NTIA is involved in issuing grants for siting,
construction, operation, and maintenance, communications systems and
similar electronic equipment. These types of electronic equipment are
essential to support the nationwide telecommunications network.
This CE is supported by Findings of No Significant Impact on the
recently completed Programmatic EA for NTIA and on EAs from the U.S.
Department of Energy. Furthermore, this CE is supported by long-
standing categorical exclusions from the Federal Emergency Management
Agency.
A-5 Retrofit/upgrade existing microwave/radio communication towers that
do not require ground disturbance.
This CE is supported by the recently completed Programmatic EA for
NTIA with a Finding of No Significant Impact and an EA for the National
Aeronautics and Space Administration, also with a Finding of No
Significant Impact.
A-6 Adding fiber optic cable to transmission structures or burying
fiber optic cable in existing transmission line rights-of-way.
This CE is supported by a long-standing categorical exclusion with
the Department of Energy and Findings of No Significant Impact on
Environmental Assessments prepared for the Bureau of Land Management,
Vandenberg Air Force Base, the US Park Service, and the Tennessee
Valley Authority.
A-7 Acquisition, installation, operation, and removal of communications
systems, data processing equipment, and similar electronic equipment.
This CE is supported by a legacy categorical exclusion from the
U.S. Department of Energy and Findings of No Significant Impact on
several Description Memorandums from the U.S. Department of Energy.
A-8 Planning activities and classroom-based training and classroom-
based exercises using existing conference rooms and training
facilities.
This CE is supported by a long-standing categorical exclusion with
the Department of Energy and a Finding of No Significant Impact on an
Environmental Assessment from the recently completed Programmatic EA
for NTIA.
A-9 Purchase of mobile and portable equipment and infrastructure which
is stored in previously existing structures or facilities.
This CE is supported by a long-standing categorical exclusion with
the U.S. Coast Guard and a Finding of No Significant Impact on an EA
from the recently completed Programmatic EA for NTIA.
A-10 Siting, construction (or modification), and operation of support
buildings and support structures (including, but not limited to,
trailers and prefabricated buildings) within or contiguous to an
already developed area (where active utilities and currently used roads
are readily accessible).
This CE is supported by a long-standing categorical exclusion with
the U.S. Department of Energy and two Memorandum for File for relevant
projects and their supporting documentation that indicated
insignificant impacts, also with the U.S. Department of Energy.
A-11 Personnel, fiscal, management, and administrative activities, such
as recruiting, processing, paying, recordkeeping, resource management,
budgeting, personnel actions, and travel.
The actions contemplated by this CE are a variety of administrative
activities that have no inherent potential for significant
environmental impacts. This CE is supported by long-standing CEs from
the U.S. Coast Guard, U.S. Navy, Federal Emergency Management Agency,
U.S. Air Force, U.S. Army, and the U.S. Department of the Interior.
Further, the Panel found that actions of a similar nature, scope, and
intensity were performed throughout the Federal government without
significant environmental impacts.
The public is invited to submit comments on both the ``Draft
Department of Commerce Administrative Record'' for the proposed CEs,
and the CEs listed above. See the ADDRESSES for instructions on
submitting comments. The ``Draft Department of Commerce Administrative
Record'' for the proposed CEs is available at http://www.nepa.noaa.gov/
procedures.html under ``Draft Department of Commerce Administrative
Record for the proposed categorical exclusions''. In addition, hard
copies may be obtained by contacting Steve Kokkinakis, as provided
above.
Paperwork Reduction Act
This notice requests public comments on proposed Department-wide
CEs and does not contain collection-of-information requirements subject
to the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501 et seq.).
Notwithstanding any other provision of law, no person is required to,
nor shall a person be subject to a penalty for failure to comply with,
a collection of information subject to the requirements of the PRA
unless that collection of information displays a currently valid OMB
control number.
A Paperwork package for the associated ``Departmental NEPA
Checklist'' referenced in Section II of the Supplementary Information
has been submitted to the Office of Management and Budget (OMB) for
review and approval. A Notice of Action in the Federal Register at the
conclusion of OMB's review of the information collection.
[[Page 24785]]
Dated: May 21, 2009.
Paul N. Doremus,
NOAA NEPA Coordinator, Office of Program Planning and Integration.
[FR Doc. E9-12295 Filed 5-21-09; 4:15 pm]
BILLING CODE 3510-12-S