National Environmental Policy Act-Categorical Exclusions covering the Broadband Technology Opportunities Program (BTOP), 52456-52459 [E9-24606]
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Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices
designation would further allow CNH to
realize savings on materials that become
scrap/waste during manufacturing. The
request indicates that the savings from
FTZ procedures would help improve
the facilities’ international
competitiveness.
In accordance with the Board’s
regulations, Diane Finver of the FTZ
Staff is designated examiner to evaluate
and analyze the facts and information
presented in the application and case
record and to report findings and
recommendations to the Board.
Public comment is invited from
interested parties. Submissions (original
and 3 copies) shall be addressed to the
Board’s Executive Secretary at the
address below. The closing period for
their receipt is December 14, 2009.
Rebuttal comments in response to
material submitted during the foregoing
period may be submitted during the
subsequent 15-day period to December
28, 2009.
A copy of the application will be
available for public inspection at the
Office of the Executive Secretary,
Foreign-Trade Zones Board, Room 2111,
U.S. Department of Commerce, 1401
Constitution Avenue, NW., Washington,
DC 20230–0002, and in the ‘‘Reading
Room’’ section of the Board’s Web site,
which is accessible via https://
www.trade.gov/ftz.
For further information, contact Diane
Finver at Diane_Finver@ita.doc.gov or at
(202) 482–1367.
Dated: October 6, 2009.
Elizabeth Whiteman,
Acting Executive Secretary.
[FR Doc. E9–24602 Filed 10–9–09; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of the Census
2010 Census Advisory Committee
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AGENCY: Bureau of the Census,
Department of Commerce.
ACTION: Notice of public meeting.
SUMMARY: The Bureau of the Census
(Census Bureau) is giving notice of a
meeting of the 2010 Census Advisory
Committee. The Committee will address
policy, research, and technical issues
related to 2010 Decennial Census
Programs. Last-minute changes to the
agenda are possible, which could
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schedule changes.
DATES: November 5–6, 2009. On
November 5, the meeting will begin at
approximately 8:30 a.m. and end at
approximately 5:15 p.m. On November
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6, 2009, the meeting will begin at
approximately 8:30 a.m. and end at
approximately 12:30 p.m.
DEPARTMENT OF COMMERCE
The meeting will be held at
the U.S. Census Bureau Auditorium and
Conference Center, 4600 Silver Hill
Road, Suitland, Maryland 20746.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Jeri
Green, Committee Liaison Officer,
Department of Commerce, U.S. Census
Bureau, Room 8H182, 4600 Silver Hill
Road, Suitland, Maryland 20746,
telephone 301–763–6590. For TTY
callers, please use the Federal Relay
Service 1–800–877–8339.
The 2010
Census Advisory Committee is
composed of a Chair, Vice-Chair, and 20
member organizations—all appointed by
the Secretary of Commerce. The
Committee considers the goals of the
decennial census, including the
American Community Survey and
related programs, and users’ needs for
information provided by the decennial
census from the perspective of outside
data users and other organizations
having a substantial interest and
expertise in the conduct and outcome of
the decennial census. The Committee
has been established in accordance with
the Federal Advisory Committee Act
(Title 5, United States Code, Appendix
2, Section10(a)(b)).
The meeting is open to the public,
and a brief period is set aside for public
comments and questions. However,
individuals with extensive statements
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writing to the Census Bureau Committee
Liaison Officer named above at least
three working days prior to the meeting.
Seating is available to the public on a
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Census Bureau Committee Liaison
Officer as soon as known—preferably
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Bureau on the day of the meeting. A
photo ID must be presented in order to
receive your visitor’s badge. Visitors are
not allowed beyond the first floor.
SUPPLEMENTARY INFORMATION:
Dated: October 5, 2009.
Robert M. Groves,
Director, Bureau of the Census.
[FR Doc. E9–24488 Filed 10–9–09; 8:45 am]
BILLING CODE 3510–07–P
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National Telecommunications and
Information Administration
[Docket No. 0906221081–91339–02]
RIN 0648–XA10
National Environmental Policy Act—
Categorical Exclusions covering the
Broadband Technology Opportunities
Program (BTOP)
AGENCY: National Telecommunications
and Information Administration,
Commerce.
ACTION: Notice.
SUMMARY: The National
Telecommunications and Information
Administration (NTIA), U.S.
Department of Commerce (DOC)
publishes these Categorical Exclusions
(CEs) 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.
These CEs are intended to cover only
the Broadband Technology
Opportunities Program (BTOP).
DATES: This notice is implemented
October 13, 2009.
ADDRESSES: This notice and the
Administrative Record for the NTIA
Broadband Technology Opportunities
Program categorical exclusions are
available at: https://www.nepa.noaa.gov/
procedures.html under ‘‘NTIA
Broadband Technology Opportunities
Program Categorical Exclusions and
Administrative Record’’. Written
requests for a hard copy of the ‘‘NTIA
Broadband Technology Opportunities
Program Categorical Exclusions and
Administrative Record’’ 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.
FOR FURTHER INFORMATION CONTACT:
Steve Kokkinakis, National Oceanic and
Atmospheric Administration, Office of
Program Planning & Integration, SSMC3,
Room 15723, 1315 East-West Highway,
Silver Spring, MD 20910, phone: 301–
713–1622 x189.
SUPPLEMENTARY INFORMATION:
I. National Environmental Policy Act
(NEPA)
NEPA requires that Federal agencies
prepare environmental impact
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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 an impact on the
quality of the human environment.
NEPA also established the Council on
Environmental Quality (CEQ) to provide
guidance to federal agencies and to
issue 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 CEQ
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.
On May 26, 2009, the Department of
Commerce published a notice in the
Federal Register requesting comments
on proposed Department-wide CEs (74
FR 24782). On July 10, 2009, the
Department of Commerce published a
notice in the Federal Register of final
Department-wide CEs (74 FR 33204).
Although some of the CE’s outlined in
the DOC-wide CE notice are applicable
to BTOP, it was determined in
consultation with CEQ that the existing
NEPA requirements and the CEs of the
U.S. Department of Agriculture, Rural
Utilities Services’ (RUS)
Telecommunication Program would
serve as a better template for BTOP and
the RUS Broadband Initiatives Program
(BIP). Therefore, it was determined that
similarities between the two programs
suggested that an alignment of the
requirements documents and applicable
CEs would streamline the application
process and reduce confusion for
applicants and future BTOP decisions.
Accordingly, NTIA published a notice
in the Federal Register on July 9, 2009
of BTOP-specific CEs (74 FR 32876) and
requested comments from the public on
the appropriateness and scope of the
CEs. The public comment period ended
on August 10, 2009. NTIA received
three comments representing one
private citizen and two organizations.
NTIA fully considered all of the
comments and provides the responses
in the Comments and Agency Response
section below.
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II. Comments and Agency Responses
Comment #1
The National Audubon Society (NAS)
expressed concern that the proposed
categorical exclusion for facilities would
allow the construction of
communication towers without
appropriate environmental review, thus
‘‘unnecessarily sacrificing the safety of
avian wildlife, their habitats, and the
environment.’’ The NAS commented
that ‘‘the proposed categorical
exclusions for BTOP projects include
exclusions for guyed towers and towers
up to 400 feet in height with no findings
regarding their individual or cumulative
impacts.’’ The NAS commented that the
administrative record does not support
the CE for towers.
Agency Response
The list of BTOP CEs published on
July 9, 2009 (74 FR 32876) did not
include a specific CE for
communication towers. The language
that the NAS quotes in its comment is
from the ‘‘Background’’ section of the
document and was a general statement
about the types of projects BTOP/BIP
might fund. NTIA never intended the
statement to be used to justify the use
of a CE for these types of
communication towers.
BTOP, however, does have an option
for utilizing a CE for certain specific
communications towers. The
Department of Commerce published on
July 10, 2009 (74 FR 33204) a final list
of CEs available for use by all DOC
Operating Units. That list included a CE
for communication towers with specific
limitations on tower height and guy
wires: ‘‘A–4 Siting/construction/
operation of microwave/radio
communication towers less than 200
feet in height without guy wires on
previously disturbed ground.’’ This CE
did not receive a single public comment
from the Federal Register notice on
draft CEs published for comment on
May 26, 2009. Accordingly, NTIA
would only issue a CE for a tower less
than 200 feet in height without guy
wires on previously disturbed ground.
Any NTIA BTOP project that proposes
to construct a tower greater than 200
feet in height would require additional
environmental documentation, which
includes the preparation of an
Environmental Assessment or an
Environmental Impact Statement.
References to the administrative record
for CEs for towers less than 200 feet
without guy wires were included in the
July 10, 2009 notice and are not
repeated here.
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Comment #2
The Kodiak Kenai Cable Company
commented that NTIA should consider
expanding Categorical Exclusion B.1,
which covers ‘‘construction of buried
and aerial telecommunications lines,
cables, and related facilities’’ to include
submarine cables. The commenter noted
that many underserved areas in Alaska
are on remote islands where the only
practical means of providing broadband
access is with submarine cables.
According to the commenter, the Army
Corps of Engineers (COE) conducted an
environmental assessment and issued a
finding of no significant impact for a
Nationwide Permit (NWP 12) involving
‘‘the construction, maintenance, repair,
and removal of utility lines and
associated facilities in waters of the
U.S.’’, which are similar in nature to
projects involving submarine cables.
Agency Response
At this time, NTIA does not have the
necessary administrative record to add a
CE for submarine cables, however, NTIA
will consider the background
information provided by the commenter
regarding the COE NWP 12 in
developing any future amendments to
the BTOP CEs.
Comment #3
NTIA should consider a CE for
Adirondack Park. Current siting
procedures make it difficult to obtain
broadband access and wireless
communication services in rural areas of
upstate New York, thus hindering the
ability to communicate with residents
and emergency management systems.
Agency Response
Categorical exclusions are intended to
exempt certain activities, rather than
specific locations, from further
environmental review. Categorical
exclusions apply to a range of activities
that have been shown, individually or
cumulatively, not to create significant
environmental impacts on the human or
natural environment. In addition, in
order to qualify for a CE, a project must
comply with all state and local laws and
regulations. It is incumbent upon the
applicant to demonstrate that the project
qualifies for a CE. Thus, if Adirondack
Park has certain restrictions on siting of
broadband or wireless services, then the
applicant would need to address those
concerns before the project would
qualify for a CE and receive funding.
III. BTOP Categorical Exclusions
A. General administrative/ministerial
actions. Certain types of actions
undertaken by BTOP will not normally
require the completion of the BTOP/BIP
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NEPA Environmental Questionnaire
(EQ). These categorically excluded
proposals are:
A.1: The issuance of bulletins and
information publications that do not
concern environmental matters or
substantial facility design, construction,
or maintenance practices.
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, U.S. Department of
Homeland Security, Federal Emergency
Management Agency, U.S. Coast Guard,
and the U.S. Air Force.
A.2: Procurement activities related to
the operation of BTOP. This categorical
exclusion is supported by long-standing
categorical exclusions and
administrative records. In particular, the
review panel identified categorical
exclusions from the U.S. Department of
Agriculture, U.S. Department of
Homeland Security, Federal Emergency
Management Agency, U.S. Coast Guard,
U.S. Air Force, U.S. Navy, General
Services Administration, and the U.S.
Department of the Interior.
A.3: Personnel and Administrative
Actions. This categorical exclusion is
supported by long-standing categorical
exclusions and administrative records.
In particular, the review panel
identified the legacy categorical
exclusions from the U.S. Department of
Agriculture, U.S. Department of
Homeland Security, U.S. Coast Guard,
U.S. Department of the Interior, U.S.
Army and the U.S. Air Force.
A.4: Purchase of existing facilities or
a portion thereof where use or operation
will remain unchanged. This categorical
exclusion is supported by long-standing
categorical exclusions and
administrative records. In particular, the
review panel identified the legacy
categorical exclusions from the U.S.
Department of Agriculture, U.S.
Department of Homeland Security, and
the General Services Administration.
A.5: Internal modifications or
equipment additions (e.g., computer
facilities, relocating interior walls) to
structures or buildings. This categorical
exclusion is supported by long-standing
categorical exclusions and
administrative records. In particular, the
review panel identified the legacy
categorical exclusions from the U.S.
Department of Agriculture, U.S.
Department of Homeland Security, and
the Federal Emergency Management
Agency.
B. Broadband Activities. Applications
for financial assistance for the types of
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proposed actions covered in this section
require the submission of an EQ.
Applicants shall sufficiently identify all
proposed actions so their proper
classification can be determined.
Detailed descriptions shall be provided
for each proposal noted in this section.
NTIA may require additional
information in addition to a description
of what is being proposed, to ensure that
proposals are properly classified.
Proposed actions within this
classification are:
B.1: Construction of buried and aerial
telecommunications lines, cables, and
related facilities. This categorical
exclusion is supported by long-standing
categorical exclusions and
administrative records. In particular, the
review panel identified the legacy
categorical exclusions from the U.S.
Department of Agriculture, U.S.
Department of the Interior, and the U.S.
Department of Energy.
B.2: Construction of microwave
facilities involving no more than five
acres (2 hectares) of physical
disturbance at any single site. This
categorical exclusion is supported by
long-standing categorical exclusions and
administrative records. In particular, the
review panel identified the legacy
categorical exclusions and Findings of
No Significant Impact on Environmental
Assessments from the U.S. Department
of Agriculture, the National
Telecommunications and Information
Administration, and the U.S.
Department of Energy.
B.3: Construction of cooperative or
company headquarters, maintenance
facilities, or other buildings involving
no more than 10 acres (4 hectares) of
physical disturbance or fenced property.
This categorical exclusion is supported
by long-standing categorical exclusions
and administrative records. In
particular, the review panel identified
the legacy categorical exclusions and
Findings of No Significant Impact on
Environmental Assessments from the
U.S. Department of Agriculture, the U.S.
Coast Guard, the U.S. Navy, the
Economic Development Administration,
and the National Oceanic and
Atmospheric Administration.
B.4: Changes to existing transmission
lines that involve less than 20 percent
pole replacement, or the complete
rebuilding of existing distribution lines
within the same right of way. Changes
to existing transmission lines that
require 20 percent or greater pole
replacement will be considered the
same as new construction. This
categorical exclusion is supported by
long-standing categorical exclusions and
administrative records. In particular, the
review panel identified the legacy
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categorical exclusions from the U.S.
Department of Agriculture and the U.S.
Department of Energy.
B.5: Changes or additions to existing
substations, switching stations,
telecommunications switching or
multiplexing centers, or external
changes to buildings or small structures
requiring one acre (0.4 hectare) or more
but no more than five acres (2 hectares)
of new physically disturbed land or
fenced property. This categorical
exclusion is supported by a longstanding categorical exclusion and
administrative record. In particular, the
review panel identified the legacy
categorical exclusions from the U.S.
Department of Agriculture, Rural
Utilities Services. Based upon the
extensive history of RUS application of
these Categorical Exclusions and the
lack of extraordinary circumstances
associated with their application, this
legacy Categorical Exclusion is
determined to be applicable to BTOP
projects.
B.6: Construction of substations,
switching stations, or
telecommunications switching or
multiplexing centers requiring no more
than five acres (2 hectares) of new
physically disturbed land or fenced
property. This categorical exclusion is
supported by long-standing categorical
exclusions and administrative records.
In particular, the review panel
identified the legacy categorical
exclusions from the U.S. Department of
Agriculture and the U.S. Department of
Energy.
B.7: Changes or additions to
microwave sites, substations, switching
stations, telecommunications switching
or multiplexing centers, buildings, or
small structures requiring new physical
disturbance or fencing of less than one
acre (0.4 hectare).
This categorical exclusion is
supported by a long-standing categorical
exclusion and administrative record
from the U.S. Department of
Agriculture, Rural Utilities Service.
Based upon the extensive history of
RUS application of these Categorical
Exclusions and the lack of extraordinary
circumstances associated with their
application, these legacy Categorical
Exclusions are determined to be
applicable to BTOP projects and
appropriate justification for this
Categorical Exclusion.
B.8: Ordinary maintenance or
replacement of equipment or small
structures (e.g. line support structures,
line transformers, microwave facilities,
telecommunications remote switching
and multiplexing sites). This categorical
exclusion is supported by long-standing
categorical exclusions and
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administrative records. In particular, the
review panel identified the legacy
categorical exclusions from the U.S.
Department of Agriculture and the U.S.
Department of Energy.
B.9: The construction of
telecommunications facilities within the
fenced area of an existing substation,
switching station, or within the
boundaries of an existing electric
generating facility site. This categorical
exclusion is supported by long-standing
categorical exclusions and
administrative records. In particular, the
review panel identified the legacy
categorical exclusions from the U.S.
Department of Agriculture and the U.S.
Department of Energy.
B.10: Testing or monitoring work (e.g.,
soil or rock core sampling, monitoring
wells, air monitoring). This categorical
exclusion is supported by long-standing
categorical exclusions and
administrative records. In particular, the
review panel identified the legacy
categorical exclusions from the U.S.
Department of Agriculture and the U.S.
Department of Energy.
B.11: Studies and engineering
undertaken to define proposed actions
or alternatives sufficiently so that
environmental effects can be assessed.
This categorical exclusion is supported
by long-standing categorical exclusions
and administrative records. In
particular, the review panel identified
the legacy categorical exclusions from
the U.S. Department of Agriculture and
the U.S. Department of Energy.
B.12: Rebuilding of power lines or
telecommunications cables where road
or highway reconstruction requires the
applicant to relocate the lines either
within or adjacent to the new road or
highway easement or right-of-way. This
categorical exclusion is supported by
long-standing categorical exclusions and
administrative records. In particular, the
review panel identified the legacy
categorical exclusions from the U.S.
Department of Agriculture and the U.S.
Department of Energy.
B.13: Phase or voltage conversions,
reconductoring or upgrading of existing
electric distribution lines, or
telecommunication facilities. This
categorical exclusion is supported by
long-standing categorical exclusions and
administrative records. In particular, the
review panel identified the legacy
categorical exclusions from the U.S.
Department of Agriculture and the U.S.
Department of Energy.
B.14: Construction of standby diesel
electric generators (one megawatt or less
total capacity) and associated facilities,
for the primary purpose of providing
emergency power, at an existing
applicant headquarters or district office,
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telecommunications switching or
multiplexing site, or at an industrial,
commercial or agricultural facility
served by the applicant. This categorical
exclusion is supported by long-standing
categorical exclusion and administrative
record from the U.S. Department of
Agriculture Rural Utilities Services.
Based upon the extensive history of
RUS application of these Categorical
Exclusions and the lack of extraordinary
circumstances associated with their
application, this legacy Categorical
Exclusion is determined to be
applicable to BTOP projects.
Paperwork Reduction Act
This notice 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.
Environmental Impact
These procedures supplement CEQ
regulations and Department of
Commerce NEPA procedures, and
provides guidance to NTIA employees
regarding procedural requirements for
the application of NEPA provisions to
BTOP decisions including grants and
funding applicant actions. CEQ does not
direct agencies to prepare a NEPA
analysis or document before
establishing agency procedures that
supplement the CEQ regulations for
implementing NEPA. Agency NEPA
procedures are procedural guidance to
assist agencies in the fulfillment of
agency responsibilities under NEPA.
The requirements for establishing
agency NEPA procedures are set forth at
40 CFR 1505.1 and 1507.3.
Dated: October 5, 2009.
Paul N. Doremus,
NOAA NEPA Coordinator, Office of Program
Planning and Integration.
[FR Doc. E9–24606 Filed 10–9–09; 8:45 am]
52459
notice seeking comments on proposed
revisions to the format of annual reports
that are submitted by grantees to the
FTZ Board. The comment period on the
revised proposal is being extended to
November 16, 2009 to allow interested
parties additional time in which to
comment.
Submissions shall be addressed to the
Board’s Executive Secretary at: ForeignTrade Zones Board, U.S. Department of
Commerce, Room 2111, 1401
Constitution Ave., NW., Washington,
DC 20230. Submissions can be e-mailed
to the address provided below.
Any questions about this proposal
should be directed to Elizabeth
Whiteman at
Elizabeth_Whiteman@ita.doc.gov or
(202) 482–0473.
Dated: October 2, 2009.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E9–24603 Filed 10–9–09; 8:45 am]
BILLING CODE 3510–DS–P
CONSUMER PRODUCT SAFETY
COMMISSION
Sunshine Act Meetings
TIME AND DATE: Thursday, October 15,
2009, 3:30 p.m.–5:30 p.m.
PLACE: Hearing Room 420, Bethesda
Towers, 4330 East West Highway,
Bethesda, Maryland.
STATUS: Closed to the public.
Matter To Be Considered:
Compliance Weekly and Monthly
Status Reports—Commission Briefing.
The staff will brief the Commission on
various compliance matters.
For a recorded message containing the
latest agenda information, call (301)
504–7948.
CONTACT PERSON FOR MORE INFORMATION:
Todd A. Stevenson, Office of the
Secretary, U.S. Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814, (301)
504–7923.
BILLING CODE 3510–12–S
Dated: October 6, 2009.
Todd A. Stevenson,
Secretary.
[FR Doc. E9–24532 Filed 10–9–09; 8:45 am]
DEPARTMENT OF COMMERCE
BILLING CODE 6355–01–M
Foreign-Trade Zones Board
Revised Proposal for Changes to the
Format of Annual Reports Submitted
to the Foreign-Trade Zones Board;
Extension of Comment Period
On September 14, 2009, the ForeignTrade Zones (FTZ) Board published a
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CONSUMER PRODUCT SAFETY
COMMISSION
Sunshine Act Meetings
TIME AND DATE: Wednesday, October 14,
2009, 9 a.m.–5 p.m. (Items 1–4, 9 a.m.–
12 noon; Item 5, 2 p.m.–5 p.m.
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[Federal Register Volume 74, Number 196 (Tuesday, October 13, 2009)]
[Notices]
[Pages 52456-52459]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24606]
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DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
[Docket No. 0906221081-91339-02]
RIN 0648-XA10
National Environmental Policy Act--Categorical Exclusions
covering the Broadband Technology Opportunities Program (BTOP)
AGENCY: National Telecommunications and Information Administration,
Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The National Telecommunications and Information Administration
(NTIA), U.S. Department of Commerce (DOC) publishes these Categorical
Exclusions (CEs) 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. These CEs
are intended to cover only the Broadband Technology Opportunities
Program (BTOP).
DATES: This notice is implemented October 13, 2009.
ADDRESSES: This notice and the Administrative Record for the NTIA
Broadband Technology Opportunities Program categorical exclusions are
available at: https://www.nepa.noaa.gov/procedures.html under ``NTIA
Broadband Technology Opportunities Program Categorical Exclusions and
Administrative Record''. Written requests for a hard copy of the ``NTIA
Broadband Technology Opportunities Program Categorical Exclusions and
Administrative Record'' 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.
FOR FURTHER INFORMATION CONTACT: Steve Kokkinakis, National Oceanic and
Atmospheric Administration, Office of Program Planning & Integration,
SSMC3, Room 15723, 1315 East-West Highway, Silver Spring, MD 20910,
phone: 301-713-1622 x189.
SUPPLEMENTARY INFORMATION:
I. National Environmental Policy Act (NEPA)
NEPA requires that Federal agencies prepare environmental impact
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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
an impact on the quality of the human environment. NEPA also
established the Council on Environmental Quality (CEQ) to provide
guidance to federal agencies and to issue 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 CEQ 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.
On May 26, 2009, the Department of Commerce published a notice in
the Federal Register requesting comments on proposed Department-wide
CEs (74 FR 24782). On July 10, 2009, the Department of Commerce
published a notice in the Federal Register of final Department-wide CEs
(74 FR 33204).
Although some of the CE's outlined in the DOC-wide CE notice are
applicable to BTOP, it was determined in consultation with CEQ that the
existing NEPA requirements and the CEs of the U.S. Department of
Agriculture, Rural Utilities Services' (RUS) Telecommunication Program
would serve as a better template for BTOP and the RUS Broadband
Initiatives Program (BIP). Therefore, it was determined that
similarities between the two programs suggested that an alignment of
the requirements documents and applicable CEs would streamline the
application process and reduce confusion for applicants and future BTOP
decisions.
Accordingly, NTIA published a notice in the Federal Register on
July 9, 2009 of BTOP-specific CEs (74 FR 32876) and requested comments
from the public on the appropriateness and scope of the CEs. The public
comment period ended on August 10, 2009. NTIA received three comments
representing one private citizen and two organizations. NTIA fully
considered all of the comments and provides the responses in the
Comments and Agency Response section below.
II. Comments and Agency Responses
Comment 1
The National Audubon Society (NAS) expressed concern that the
proposed categorical exclusion for facilities would allow the
construction of communication towers without appropriate environmental
review, thus ``unnecessarily sacrificing the safety of avian wildlife,
their habitats, and the environment.'' The NAS commented that ``the
proposed categorical exclusions for BTOP projects include exclusions
for guyed towers and towers up to 400 feet in height with no findings
regarding their individual or cumulative impacts.'' The NAS commented
that the administrative record does not support the CE for towers.
Agency Response
The list of BTOP CEs published on July 9, 2009 (74 FR 32876) did
not include a specific CE for communication towers. The language that
the NAS quotes in its comment is from the ``Background'' section of the
document and was a general statement about the types of projects BTOP/
BIP might fund. NTIA never intended the statement to be used to justify
the use of a CE for these types of communication towers.
BTOP, however, does have an option for utilizing a CE for certain
specific communications towers. The Department of Commerce published on
July 10, 2009 (74 FR 33204) a final list of CEs available for use by
all DOC Operating Units. That list included a CE for communication
towers with specific limitations on tower height and guy wires: ``A-4
Siting/construction/operation of microwave/radio communication towers
less than 200 feet in height without guy wires on previously disturbed
ground.'' This CE did not receive a single public comment from the
Federal Register notice on draft CEs published for comment on May 26,
2009. Accordingly, NTIA would only issue a CE for a tower less than 200
feet in height without guy wires on previously disturbed ground. Any
NTIA BTOP project that proposes to construct a tower greater than 200
feet in height would require additional environmental documentation,
which includes the preparation of an Environmental Assessment or an
Environmental Impact Statement. References to the administrative record
for CEs for towers less than 200 feet without guy wires were included
in the July 10, 2009 notice and are not repeated here.
Comment 2
The Kodiak Kenai Cable Company commented that NTIA should consider
expanding Categorical Exclusion B.1, which covers ``construction of
buried and aerial telecommunications lines, cables, and related
facilities'' to include submarine cables. The commenter noted that many
underserved areas in Alaska are on remote islands where the only
practical means of providing broadband access is with submarine cables.
According to the commenter, the Army Corps of Engineers (COE) conducted
an environmental assessment and issued a finding of no significant
impact for a Nationwide Permit (NWP 12) involving ``the construction,
maintenance, repair, and removal of utility lines and associated
facilities in waters of the U.S.'', which are similar in nature to
projects involving submarine cables.
Agency Response
At this time, NTIA does not have the necessary administrative
record to add a CE for submarine cables, however, NTIA will consider
the background information provided by the commenter regarding the COE
NWP 12 in developing any future amendments to the BTOP CEs.
Comment 3
NTIA should consider a CE for Adirondack Park. Current siting
procedures make it difficult to obtain broadband access and wireless
communication services in rural areas of upstate New York, thus
hindering the ability to communicate with residents and emergency
management systems.
Agency Response
Categorical exclusions are intended to exempt certain activities,
rather than specific locations, from further environmental review.
Categorical exclusions apply to a range of activities that have been
shown, individually or cumulatively, not to create significant
environmental impacts on the human or natural environment. In addition,
in order to qualify for a CE, a project must comply with all state and
local laws and regulations. It is incumbent upon the applicant to
demonstrate that the project qualifies for a CE. Thus, if Adirondack
Park has certain restrictions on siting of broadband or wireless
services, then the applicant would need to address those concerns
before the project would qualify for a CE and receive funding.
III. BTOP Categorical Exclusions
A. General administrative/ministerial actions. Certain types of
actions undertaken by BTOP will not normally require the completion of
the BTOP/BIP
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NEPA Environmental Questionnaire (EQ). These categorically excluded
proposals are:
A.1: The issuance of bulletins and information publications that do
not concern environmental matters or substantial facility design,
construction, or maintenance practices.
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, U.S.
Department of Homeland Security, Federal Emergency Management Agency,
U.S. Coast Guard, and the U.S. Air Force.
A.2: Procurement activities related to the operation of BTOP. This
categorical exclusion is supported by long-standing categorical
exclusions and administrative records. In particular, the review panel
identified categorical exclusions from the U.S. Department of
Agriculture, U.S. Department of Homeland Security, Federal Emergency
Management Agency, U.S. Coast Guard, U.S. Air Force, U.S. Navy, General
Services Administration, and the U.S. Department of the Interior.
A.3: Personnel and Administrative Actions. This categorical
exclusion is supported by long-standing categorical exclusions and
administrative records. In particular, the review panel identified the
legacy categorical exclusions from the U.S. Department of Agriculture,
U.S. Department of Homeland Security, U.S. Coast Guard, U.S. Department
of the Interior, U.S. Army and the U.S. Air Force.
A.4: Purchase of existing facilities or a portion thereof where use
or operation will remain unchanged. This categorical exclusion is
supported by long-standing categorical exclusions and administrative
records. In particular, the review panel identified the legacy
categorical exclusions from the U.S. Department of Agriculture, U.S.
Department of Homeland Security, and the General Services
Administration.
A.5: Internal modifications or equipment additions (e.g., computer
facilities, relocating interior walls) to structures or buildings. This
categorical exclusion is supported by long-standing categorical
exclusions and administrative records. In particular, the review panel
identified the legacy categorical exclusions from the U.S. Department
of Agriculture, U.S. Department of Homeland Security, and the Federal
Emergency Management Agency.
B. Broadband Activities. Applications for financial assistance for
the types of proposed actions covered in this section require the
submission of an EQ. Applicants shall sufficiently identify all
proposed actions so their proper classification can be determined.
Detailed descriptions shall be provided for each proposal noted in this
section. NTIA may require additional information in addition to a
description of what is being proposed, to ensure that proposals are
properly classified. Proposed actions within this classification are:
B.1: Construction of buried and aerial telecommunications lines,
cables, and related facilities. This categorical exclusion is supported
by long-standing categorical exclusions and administrative records. In
particular, the review panel identified the legacy categorical
exclusions from the U.S. Department of Agriculture, U.S. Department of
the Interior, and the U.S. Department of Energy.
B.2: Construction of microwave facilities involving no more than
five acres (2 hectares) of physical disturbance at any single site.
This categorical exclusion is supported by long-standing categorical
exclusions and administrative records. In particular, the review panel
identified the legacy categorical exclusions and Findings of No
Significant Impact on Environmental Assessments from the U.S.
Department of Agriculture, the National Telecommunications and
Information Administration, and the U.S. Department of Energy.
B.3: Construction of cooperative or company headquarters,
maintenance facilities, or other buildings involving no more than 10
acres (4 hectares) of physical disturbance or fenced property. This
categorical exclusion is supported by long-standing categorical
exclusions and administrative records. In particular, the review panel
identified the legacy categorical exclusions and Findings of No
Significant Impact on Environmental Assessments from the U.S.
Department of Agriculture, the U.S. Coast Guard, the U.S. Navy, the
Economic Development Administration, and the National Oceanic and
Atmospheric Administration.
B.4: Changes to existing transmission lines that involve less than
20 percent pole replacement, or the complete rebuilding of existing
distribution lines within the same right of way. Changes to existing
transmission lines that require 20 percent or greater pole replacement
will be considered the same as new construction. This categorical
exclusion is supported by long-standing categorical exclusions and
administrative records. In particular, the review panel identified the
legacy categorical exclusions from the U.S. Department of Agriculture
and the U.S. Department of Energy.
B.5: Changes or additions to existing substations, switching
stations, telecommunications switching or multiplexing centers, or
external changes to buildings or small structures requiring one acre
(0.4 hectare) or more but no more than five acres (2 hectares) of new
physically disturbed land or fenced property. This categorical
exclusion is supported by a long-standing categorical exclusion and
administrative record. In particular, the review panel identified the
legacy categorical exclusions from the U.S. Department of Agriculture,
Rural Utilities Services. Based upon the extensive history of RUS
application of these Categorical Exclusions and the lack of
extraordinary circumstances associated with their application, this
legacy Categorical Exclusion is determined to be applicable to BTOP
projects.
B.6: Construction of substations, switching stations, or
telecommunications switching or multiplexing centers requiring no more
than five acres (2 hectares) of new physically disturbed land or fenced
property. This categorical exclusion is supported by long-standing
categorical exclusions and administrative records. In particular, the
review panel identified the legacy categorical exclusions from the U.S.
Department of Agriculture and the U.S. Department of Energy.
B.7: Changes or additions to microwave sites, substations,
switching stations, telecommunications switching or multiplexing
centers, buildings, or small structures requiring new physical
disturbance or fencing of less than one acre (0.4 hectare).
This categorical exclusion is supported by a long-standing
categorical exclusion and administrative record from the U.S.
Department of Agriculture, Rural Utilities Service. Based upon the
extensive history of RUS application of these Categorical Exclusions
and the lack of extraordinary circumstances associated with their
application, these legacy Categorical Exclusions are determined to be
applicable to BTOP projects and appropriate justification for this
Categorical Exclusion.
B.8: Ordinary maintenance or replacement of equipment or small
structures (e.g. line support structures, line transformers, microwave
facilities, telecommunications remote switching and multiplexing
sites). This categorical exclusion is supported by long-standing
categorical exclusions and
[[Page 52459]]
administrative records. In particular, the review panel identified the
legacy categorical exclusions from the U.S. Department of Agriculture
and the U.S. Department of Energy.
B.9: The construction of telecommunications facilities within the
fenced area of an existing substation, switching station, or within the
boundaries of an existing electric generating facility site. This
categorical exclusion is supported by long-standing categorical
exclusions and administrative records. In particular, the review panel
identified the legacy categorical exclusions from the U.S. Department
of Agriculture and the U.S. Department of Energy.
B.10: Testing or monitoring work (e.g., soil or rock core sampling,
monitoring wells, air monitoring). This categorical exclusion is
supported by long-standing categorical exclusions and administrative
records. In particular, the review panel identified the legacy
categorical exclusions from the U.S. Department of Agriculture and the
U.S. Department of Energy.
B.11: Studies and engineering undertaken to define proposed actions
or alternatives sufficiently so that environmental effects can be
assessed. This categorical exclusion is supported by long-standing
categorical exclusions and administrative records. In particular, the
review panel identified the legacy categorical exclusions from the U.S.
Department of Agriculture and the U.S. Department of Energy.
B.12: Rebuilding of power lines or telecommunications cables where
road or highway reconstruction requires the applicant to relocate the
lines either within or adjacent to the new road or highway easement or
right-of-way. This categorical exclusion is supported by long-standing
categorical exclusions and administrative records. In particular, the
review panel identified the legacy categorical exclusions from the U.S.
Department of Agriculture and the U.S. Department of Energy.
B.13: Phase or voltage conversions, reconductoring or upgrading of
existing electric distribution lines, or telecommunication facilities.
This categorical exclusion is supported by long-standing categorical
exclusions and administrative records. In particular, the review panel
identified the legacy categorical exclusions from the U.S. Department
of Agriculture and the U.S. Department of Energy.
B.14: Construction of standby diesel electric generators (one
megawatt or less total capacity) and associated facilities, for the
primary purpose of providing emergency power, at an existing applicant
headquarters or district office, telecommunications switching or
multiplexing site, or at an industrial, commercial or agricultural
facility served by the applicant. This categorical exclusion is
supported by long-standing categorical exclusion and administrative
record from the U.S. Department of Agriculture Rural Utilities
Services. Based upon the extensive history of RUS application of these
Categorical Exclusions and the lack of extraordinary circumstances
associated with their application, this legacy Categorical Exclusion is
determined to be applicable to BTOP projects.
Paperwork Reduction Act
This notice 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.
Environmental Impact
These procedures supplement CEQ regulations and Department of
Commerce NEPA procedures, and provides guidance to NTIA employees
regarding procedural requirements for the application of NEPA
provisions to BTOP decisions including grants and funding applicant
actions. CEQ does not direct agencies to prepare a NEPA analysis or
document before establishing agency procedures that supplement the CEQ
regulations for implementing NEPA. Agency NEPA procedures are
procedural guidance to assist agencies in the fulfillment of agency
responsibilities under NEPA. The requirements for establishing agency
NEPA procedures are set forth at 40 CFR 1505.1 and 1507.3.
Dated: October 5, 2009.
Paul N. Doremus,
NOAA NEPA Coordinator, Office of Program Planning and Integration.
[FR Doc. E9-24606 Filed 10-9-09; 8:45 am]
BILLING CODE 3510-12-S
