National Environmental Policy Act-Proposed Categorical Exclusions, 24782-24785 [E9-12295]

Download as PDF 24782 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices Thursday, June 25th, 2009 in Orofino, Idaho for a business meeting. The meeting is open to the public. SUPPLEMENTARY INFORMATION: The business meeting on June 25th will be held at the Clearwater National Forest Supervisor’s Office in Orofino, Idaho, beginning at 10 a.m. (PST). Agenda topic will be discussion and approval of potential projects. A public forum will begin at 3:15 p.m. (PST). FOR FURTHER INFORMATION CONTACT: Laura A. Smith, Public Affairs Officer and Designated Federal Officer, at (208) 983–5143. Dated: May 18, 2008. Thomas K. Reilly, Forest Supervisor. [FR Doc. E9–12038 Filed 5–22–09; 8:45 am] BILLING CODE 3410–11–M DEPARTMENT OF COMMERCE [Docket No. 090520919–9919–01] RIN 0648-XP46 National Environmental Policy Act— Proposed Categorical Exclusions U.S. Department of Commerce. Notice, request for comments. AGENCY: ACTION: 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: https://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 VerDate Nov<24>2008 20:08 May 22, 2009 Jkt 217001 I. National Environmental Policy Act 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. 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. 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 by mail or hand-delivered to the abovelisted 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: PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\26MYN1.SGM 26MYN1 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 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: VerDate Nov<24>2008 20:08 May 22, 2009 Jkt 217001 (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 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 24783 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. E:\FR\FM\26MYN1.SGM 26MYN1 24784 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 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. VerDate Nov<24>2008 20:08 May 22, 2009 Jkt 217001 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 longstanding 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 classroombased training and classroom-based exercises using existing conference rooms and training facilities. This CE is supported by a longstanding 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 longstanding 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 longstanding 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. PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 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 https:// 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-ofinformation 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. E:\FR\FM\26MYN1.SGM 26MYN1 Federal Register / Vol. 74, No. 99 / Tuesday, May 26, 2009 / Notices 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 DEPARTMENT OF COMMERCE Bureau of Industry and Security Action Affecting Export Privileges; Matthew Ayadpoor In the Matter of: Matthew Ayadpoor, 9700 Mayview Court, Oklahoma City, OK, 73159; Respondent; Order Relating To Matthew Ayadpoor The Bureau of Industry and Security, U.S. Department of Commerce (‘‘BIS’’) has notified Matthew Ayadpoor (‘‘Ayadpoor’’), of its intention to initiate an administrative proceeding against Ayadpoor pursuant to Section 766.3 of the Export Administration Regulations (the ‘‘Regulations’’),1 and Section 13(c) of the Export Administration Act of 1979, as amended (the ‘‘Act’’),2 through the issuance of a proposed charging letter to Ayadpoor that alleged that he committed four violations of the Regulations. Specifically, these charges are: Charge 1 15 CFR 764.2(c)— Solicitation and Attempt On or about June 2, 2004, Ayadpoor engaged in conduct prohibited by the Regulations by attempting to have piston-type differential pressure gauges, which is subject to the Regulations and classified as EAR99, exported to Iran without the required U.S. Government authorization. Specifically, Ayadpoor ordered a freight forwarding company to export the gauges to Iran via the United Arab Emirates (‘‘UAE’’). Pursuant to Section 560.204 of the Iranian Transactions Regulations maintained by the Department of the Treasury’s Office of Foreign Assets Control (‘‘OFAC’’), an export to a third country intended for transshipment to Iran is a transaction 1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR Parts 730– 774 (2009). The violations alleged occurred 2004. The Regulations governing the allegation at issue are found in the 2004 version of the Code of Federal Regulations (15 CFR Parts 730–774 (2004)). The 2009 Regulations govern the procedural aspects of the case. 2 50 U.S.C. app. §§ 2401–2420 (2000). Since August 21, 2001, has been in lapse and the President, through Executive Order 13222 of August 17, 2001 (3 CFR 2001 Comp. p. 783 (2002)), which has been extended by successive Presidential Notices, the most recent being that of July 23, 2008 (73 FR 43603 (July 25, 2008)), continues the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701– 1706 (2000)). VerDate Nov<24>2008 20:08 May 22, 2009 Jkt 217001 that requires OFAC authorization. Pursuant to Section 746.7 of the Regulations, no person may engage in the exportation of an item subject to both the Regulations and the Iranian Transactions Regulations without authorization from OFAC. No OFAC authorization was obtained for the export described herein. In engaging in the activity described herein, Ayadpoor committed one violation of Section 764.2(c) of the Regulations. Charge 2 15 CFR 764.2(e)—Acting with Knowledge of a Violation In connection with charge one above, on or about June 4, 2004, Ayadpoor violated the Regulations by ordering the export of items subject to the Regulations from the United States with knowledge that a violation of the Regulations would occur in connection with the item. Specifically, Ayadpoor attempted to export items subject to the Regulations and the Iranian Transactions Regulations, with knowledge or reason to know that the items would be exported to Iran via the UAE without the required U.S. Government authorization. Ayadpoor had knowledge that U.S. products could not be sold to sanctioned countries, including Iran, a fact he acknowledged to Office of Export Enforcement (‘‘OEE’’) special agents. Additionally, Ayadpoor negotiated for the items with persons in Iran, knowing that the items would be shipped there via the UAE. In so doing, Ayadpoor committed one violation of Section 764.2(e) of the Regulations. Charge 3 15 CFR 764.2(g)— Misrepresentation and Concealment of Facts On or about September 8, 2004, Ayadpoor made a false and/or misleading statement to OEE special agents in the course of an investigation subject to the Regulations. Specifically, Ayadpoor told the agents that he had not participated in any export transactions with the UAE company associated with the June 2004 transaction since that transaction. This was a false statement in that on or about August 31, 2004, Ayadpoor ordered that a second shipment of gauges be exported to the same UAE company. In so doing, Ayadpoor committed one violation of Section 764.2(g) of the Regulations. Charge 4 15 CFR 764.2(i)—Failure To Comply With Recordkeeping Requirements On or about September 8, 2004, Ayadpoor failed to comply with the recordkeeping requirements set forth in Section 762.2 of the Regulations. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 24785 Specifically, Ayadpoor failed to retain export control documents, including waybills, and/or other pertinent documents in connection with its export of gauges, described in Charge 3, above. In so doing, Ayadpoor committed one violation of Section 764.2(i) of the Regulations. Whereas, BIS and Ayadpoor have entered into a Settlement Agreement pursuant to Section 766.18(a) of the Regulations whereby they agreed to settle this matter in accordance with the terms and conditions set forth therein, and Whereas, I have approved of the terms of such Settlement Agreement; It is therefore ordered: First, Ayadpoor shall be assessed a civil penalty in the amount of $25,000, the payment of which shall be suspended for a period of one (1) year from the date of entry of the Order, and thereafter shall be waived, provided that during the period of suspension, Ayadpoor has committed no violation of the Act, or any regulation, order, or license issued thereunder. Second, that for a period of one (1) year from the date of entry of the Order, Ayadpoor, his representatives, assigns or agents (‘‘Denied Person’’) may not participate, directly or indirectly, in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as ‘‘item’’) exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations, including, but not limited to: A. Applying for, obtaining, or using any license, License Exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations; or C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations. Third, that no person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of the Denied Person any item subject to the Regulations; B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Person of the ownership, E:\FR\FM\26MYN1.SGM 26MYN1

Agencies

[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Notices]
[Pages 24782-24785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-12295]


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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.

-----------------------------------------------------------------------

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: https://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 https://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
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