[Federal Register Volume 75, Number 67 (Thursday, April 8, 2010)]
[Notices]
[Pages 17940-17942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8006]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[Docket ID FEMA-2008-0014]
Draft Programmatic Environmental Assessment for the Evaluation of
the Grant Programs Directorate's Programs
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Notice of availability and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Federal Emergency Management Agency (FEMA) has prepared a
draft Programmatic Environmental Assessment (PEA) to address the
potential impacts to the human environment resulting from typical
actions funded by FEMA's Grant Programs Directorate (GPD) through the
wide variety of homeland security and emergency preparedness grant
programs that it administers. These programs provide grant funding to
States, Territories, and local and recognized Tribal governments to
enhance their homeland security efforts. The grant monies provide for
planning, conducting training and exercises, the purchase of equipment,
and management and administration. The purpose of the PEA is to
evaluate GPD programs and projects allowable under those programs, and
to facilitate FEMA's compliance with the National Environmental Policy
Act (NEPA) by providing a framework to address the potential
environmental impacts of these projects.
FEMA is also making available for public comment a draft Memorandum
of Understanding (MOU) between FEMA and the U.S. Fish and Wildlife
Service (FWS) establishing procedures to monitor, assess, minimize and
avoid avian mortalities from communication tower construction
activities funded by FEMA. The MOU would be executed pursuant to
Executive Order 13186--``Responsibilities of Federal Agencies to
Protect Migratory Birds.''
FEMA also provides notice to the public of the availability of a
FEMA comment on a draft program comment from the Advisory Council on
Historic Preservation (ACHP) regarding the effects of communication
facilities construction or modification subject to review by the
Federal Communications Commission (FCC). The ACHP draft program comment
recommends that projects funded by the National Telecommunications and
Information Administration and projects funded by the Rural Utilities
Service be exempt from the review required under Section 106 of the
National Historic Preservation Act (NHPA) by applicable FCC
Programmatic Agreements if the projects have undergone, will undergo,
or are exempt from Section 106 review by the FCC. FEMA seeks to add GPD
projects to that proposed exemption.
DATES: Comments on the draft Programmatic Environmental Assessment and
on the draft Memorandum of Understanding between FEMA and the U.S. Fish
and Wildlife Service must be submitted on or before May 10, 2010.
ADDRESSES: You may submit comments, identified by Docket ID FEMA-2008-
0014, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Search for
Docket ID FEMA-2008-0014 and follow the instructions for submitting
comments.
E-mail: FEMA[dash][email protected]. Include Docket ID FEMA-2008-0014
in the subject line of the message.
Fax: 703-483-2999.
[[Page 17941]]
Mail/Hand Delivery/Courier: Office of Chief Counsel, Federal
Emergency Management Agency, 500 C Street, SW., Room 835, Washington,
DC 20472-3100.
Instructions: All submissions received must include the agency name
and Docket ID. Regardless of the method used for submitting comments or
material, all submissions will be posted, without change, to the
Federal eRulemaking Portal at http://www.regulations.gov, and will
include any personal information you provide. Therefore, submitting
this information makes it public. You may wish to read the Privacy Act
notice that is available via a link in the footer of http:/
www.regulations.gov.
Docket: For access to the docket to read the draft Programmatic
Environmental Assessment, the draft Memorandum of Understanding between
FEMA and the U.S. Fish and Wildlife Service, the FEMA comment on the
draft program comment from the ACHP, or comments submitted by the
public on these documents, go to the Federal eRulemaking Portal at
http://www.regulations.gov and search for docket ID FEMA-2008-0014.
These documents may also be inspected at FEMA, Office of Chief Counsel,
Room 835, 500 C Street, SW., Washington, DC 20472-3100.
FOR FURTHER INFORMATION CONTACT: Jomar Maldonado, Environmental
Officer, Office of Environmental Planning and Historic Preservation,
FEMA, 500 C Street, SW., Washington, DC 20472-3100; phone (202) 646-
2741; or Adria Mart[iacute]nez, Program Manager, GPD, FEMA, 500 C
Street, SW., Techworld Bldg., Room 5142 Washington, DC 20472-3100;
phone (202) 786-9603.
SUPPLEMENTARY INFORMATION:
Draft Programmatic Environmental Assessment for the Evaluation of the
Grant Programs Directorate's Programs
The purpose of the draft Programmatic Environmental Assessment
(PEA) is to evaluate the programs of the Grant Programs Directorate
(GPD) and the projects allowable under these programs and facilitate
FEMA's compliance with the National Environmental Policy Act (NEPA) by
providing a framework to address the potential environmental impacts of
those projects.
The PEA also provides the public and decision-makers with the
information required to understand and evaluate the potential
environmental consequences of actions funded by FEMA. In addition to
meeting the goals of impact identification and disclosure, the PEA
addresses the need to streamline the NEPA review process in the
interest of national preparedness and homeland security.
The analysis presented in the PEA relies on FEMA's experience
regarding environmental impacts that can be expected with actions that
would be funded under GPD grant programs. It is also based on a review
of scientific literature, consultation with regulatory and resource
agencies, and expert opinion. FEMA will consider the analysis in the
PEA to determine whether a Finding of No Significant Impact (FONSI) or
a Notice of Intent to Prepare an Environmental Impact Statement is
appropriate for the proposed actions described and assessed in the PEA.
FEMA will use the PEA to evaluate the environmental impacts of GPD
grant programs and the projects funded by these programs. The PEA will
also assist in determining when more site-specific information is
needed and what level of environmental analysis and documentation is
required in order for more complex projects to comply with NEPA.
Draft Memorandum of Understanding Between FEMA and the U.S. Fish and
Wildlife Service
The purpose of the Memorandum of Understanding (MOU) is to
establish procedures to be utilized by FEMA and the U.S. Fish and
Wildlife Service (FWS) to monitor, assess, minimize and avoid avian
mortalities from FEMA-sponsored telecommunication towers. Migratory
birds are of great ecological and economic value to this country and to
other countries. The United States has recognized the critical
importance of this shared resource by ratifying international,
bilateral conventions for the conservation of migratory birds. Under
Executive Order (E.O.) 13186-- ``Responsibilities of Federal Agencies
to Protect Migratory Birds,'' Federal agencies are encouraged to
negotiate MOUs with the FWS to promote the conservation of migratory
birds for taking actions, such as development and implementation of
programs, that have or are likely to have a measurable negative effect
on migratory bird populations.
Avian mortality due to collisions with telecommunication towers is
a well documented phenomenon that has prompted significant debate and
litigation in the United States. GPD programs can be used to fund the
modification or new construction of towers. As a result, FEMA is
exercising its authorities and responsibilities under E.O. 13186, as
well as related laws such as NEPA, the Migratory Bird Treaty Act, the
Endangered Species Act, E.O. 11988--``Floodplain Management,'' and E.O.
11990--``Protection of Wetlands,'' to establish this framework.
FEMA Comment on a Draft Program Comment From the Advisory Council on
Historic Preservation
On September 17, 2009, the Advisory Council on Historic
Preservation (ACHP) published a notice for comment on its Draft Program
Comment for the National Telecommunications and Information
Administration and the U.S. Department of Agriculture's Rural Utilities
Service Regarding the Effects of Communication Facilities Construction
or Modification Subject to Review by the Federal Communications
Commission (74 FR 47807). The draft program comment requests the
elimination of duplicative National Historic Preservation Act (NHPA)
Section 106 reviews for tower construction and modification projects
sponsored by the Rural Utilities Service (RUS) and the National
Telecommunications and Information Administration (NTIA) that have
undergone, will undergo, or are exempt from Section 106 review under
Federal Communication Commission (FCC) historic preservation
procedures, which are governed by applicable FCC Programmatic
Agreements.
FEMA believes that the ACHP draft program comment should be
extended to grant-funded construction and modifications of
telecommunication towers sponsored by FEMA. Among the eligible
activities funded by GPD and critical to the Nation's readiness are the
installation of new, or modification of existing, telecommunication
towers and collocation of antennas on existing towers or non-tower
structures to ensure interoperable communication between first
responders during disasters or emergency events. FEMA believes that
when grantees must satisfy the Section 106 review for both FEMA and FCC
purposes, and the FCC requirements have been fulfilled for the project
before the project is submitted to FEMA, a redundant level of effort is
created that places an undue administrative burden upon grantees and
State Historic Preservation Officers/Tribal Historic Preservation
Officers (SHPOs/THPOs). This results in an unnecessary delay in the
delivery of funds to the grantee for homeland security/emergency
preparedness initiatives, and provides no additional value to the
consideration of historic properties in keeping with the spirit and
intent of Section 106. As a result, FEMA is providing comments to the
ACHP to request the inclusion of
[[Page 17942]]
FEMA's comment in the ACHP draft program comment.
Authority: National Environmental Policy Act (NEPA), as amended,
42 U.S.C. 4331 et seq.; 40 CFR 1500.1 et seq.; 44 CFR 10.1 et seq.
Dated: April 1, 2010.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-8006 Filed 4-7-10; 8:45 am]
BILLING CODE 9111-78-P