[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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Rules and Regulations
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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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