Notice of Availability of the Final Record of Decision for the Programmatic Environmental Impact Statement for Northern Border Activities and Technical Corrections to the Final Programmatic Environmental Impact Statement for Northern Border Activities, 27416-27417 [2013-11115]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• U.S. Customs and Border Protection

[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Notices]
[Pages 27416-27417]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11115]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Notice of Availability of the Final Record of Decision for the 
Programmatic Environmental Impact Statement for Northern Border 
Activities and Technical Corrections to the Final Programmatic 
Environmental Impact Statement for Northern Border Activities

AGENCY: U.S. Customs and Border, Protection, DHS.

ACTION: Notice of availability.

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SUMMARY: U.S. Customs and Border Protection (CBP) announces the 
availability of the Final Record of Decision (ROD) for the Programmatic 
Environmental Impact Statement for Northern Border Activities (PEIS). 
The release of this Final ROD concludes a process of assessment of the 
potential for CBP activities to affect the environment along the 
northern border and recommends what measures CBP anticipates it will 
routinely consider to reduce the potential for environmental harm from 
its actions. CBP is also making certain technical corrections to the 
PEIS to ensure that it accurately describes CBP activities and the 
preparation of the PEIS itself. This notice describes those technical 
corrections.

ADDRESSES: You may obtain copies of the Final ROD and the PEIS 
revisions by accessing the following Internet addresses: https://www.cbp.gov/xp/cgov/about/ec/nepa_pr/nepa_by_state/nobo_peis/ and 
https://www.dhs.gov/nepa. Alternatively you may email 
cbpenvironmentalprogram@cbp.dhs.gov before August 8, 2013 or telephone 
(202-325-4191) to request a copy of the Final ROD.

FOR FURTHER INFORMATION CONTACT: Jennifer DeHart Hass, CBP, Office of 
Administration, telephone 202-325-4191. You may also visit the 
project's Web page through: https://www.cbp.gov/xp/cgov/about/ec/nepa_pr/nepa_by_state/nobo_peis/.

SUPPLEMENTARY INFORMATION: The Northern Border PEIS was prepared to 
inform CBP decision-makers about potential environmental impacts 
resulting from CBP Northern Border activities. The action alternatives 
considered in the PEIS represent reasonably foreseeable changes to 
CBP's Northern Border security program that could potentially occur 
over the next five to seven years.
    On July 27, 2012, CBP published a Notice of Availability (NOA) in 
the Federal Register (77 FR 44259) announcing the availability of the 
Final PEIS and availability of the Draft ROD for the Northern Border 
PEIS for a 30-day public review prior to making a decision on what 
alternative CBP would select from among those analyzed. Previous 
Federal Register notices published for the PEIS are as follows:
     Notice of Intent (NOI) to prepare four PEISs, July 6, 
2010, 75 FR 38822.
     NOI to Prepare One PEIS, November 9, 2010, 75 FR 68810.
     NOA of a Draft PEIS, September 16, 2011, 76 FR 57751.
    The Executive Director for Facilities Management signed the Final 
ROD on April 11, 2013. It is available on the CBP Web site at https://www.cbp.gov/xp/cgov/about/ec/nepa_pr/nepa_by_state/nobo_peis/. The 
Final ROD confirms CBP's determination that the Detection, Inspection, 
Surveillance, and Communications Technology Expansion Alternative is 
most representative of the approach CBP will employ in order to enhance 
response to emergent border security threats while advancing trade and 
travel facilitation over the next five to seven years. The Detection, 
Inspection, Surveillance, and Communications Technology Expansion 
Alternative would focus on increased patrol activity and deploying more 
and better technologies to support CBP's detection, inspection, and 
surveillance capabilities and operational communications. This 
alternative is consistent with current statements of national policy 
with regard to Northern Border security and trade and travel 
facilitation goals.
    The release of this Final ROD concludes a process of assessment of 
the potential for CBP activities to impact the environment along the 
northern border and recommends what measures CBP anticipates it will 
routinely consider to reduce the potential for environmental harm from 
its actions. Other alternatives studied in the PEIS included the 
Facilities Development and Improvement Alternative, the Tactical 
Security Infrastructure Deployment Alternative, and the Flexible 
Direction Alternative. The Flexible Direction Alternative would allow 
CBP to employ any of the tools and activities in the other 
alternatives. CBP determined that although the Flexible Direction 
Alternative fully meets the purpose and need presented in the PEIS, its 
approach is more resource intensive than the risk-based approach 
envisioned for enhancing border security. If within five years of 
signing this ROD, CBP is required to adopt additional measures beyond 
the scope of the alternative selected at this time, CBP will evaluate 
whether it should issue a ROD adopting the Flexible Direction 
Alternative.

Comment Response and Clarifications Incorporated Into the Final ROD

    In response to a comment received on the Draft ROD and further 
consideration of its decision, CBP included certain clarifications in 
the Final ROD.

Easement Clarification

    During the 30-day period following the public release of the Final 
PEIS and Draft ROD, CBP received seven inquiries and only one comment 
on the Final PEIS. This comment was from the U.S. Department of 
Agriculture's (USDA) Natural Resources Conservation Service (NRCS). 
Along with providing information on all NRCS easements along the 
Northern Border, NRCS requested that CBP attempt to avoid constructing 
facilities and infrastructure within NRCS conservation easements. CBP 
addressed this comment in the Final ROD by including easements in the 
list of Federal lands for which CBP should use the Borderlands 
Management Task Force structure to enhance coordination among land-
managers regarding usage for CBP construction, modification, and 
maintenance projects.

Best Management Practices (BMPs) Clarifications

    BMP A.1, described in the Final ROD, is focused on improving CBP 
coordination with the Department of Interior (DOI) and USDA during 
project planning. The Final ROD clarifies this BMP's applicability to 
DOI managed lands and lands held in trust for American Indians and 
Federally-recognized Indian tribes. The Final ROD further emphasizes 
that CBP will also coordinate and consult with governments of tribes or 
nations when activities impact such lands held in trust. In response to 
NRCS comments, CBP also included applicable easements to the list of 
USDA managed land.
    BMP A.5 is concerned with minimizing impacts to migratory birds and 
threatened and endangered flying species from CBP towers. The Final ROD 
clarifies that the BMP applies to construction of new antennae 
structures. Furthermore, when CBP is

[[Page 27417]]

collocating equipment on antennae structures owned by non-Federal 
entities, it can only implement BMPs for the structure in accordance 
with the owner's willingness, structural capability, and zoning 
restrictions.

Additional Clarifications

    In section V, ``Implementation,'' CBP made minor wording changes to 
further clarify that the selected alternative describes the lines of 
activity that CBP believes it would take in response to future changes 
in the threat environment and security priorities.
    Also, in section II, ``Factors Considered in the Decision,'' the 
ROD now reiterates the theme that partnerships and intelligence are a 
vital part of resolving emerging cross-border threats prior to them 
reaching the border.

Technical Corrections to the PEIS

    During its deliberations, CBP found that certain technical 
corrections to the Final PEIS were needed. These technical corrections 
to the PEIS ensure that the PEIS accurately describes CBP activities 
and the preparation of the PEIS itself. The technical corrections are 
confined to: (1) The description of certain technologies used for 
inspecting vehicles and cargo, and (2) the list of government personnel 
involved in the preparation of the Final PEIS and Final ROD.
    The technical corrections CBP is making to the Final PEIS do not 
change any impact determinations in the PEIS. Accordingly, CBP will not 
reissue the PEIS for public input. CBP has incorporated the technical 
corrections, as they are described below, into the online version of 
the PEIS.

Gamma imaging and X-ray Inspection Technologies

    On page 2-11 and in the table on page 2-12 of the Final PEIS, the 
discussion of inspection technologies included in the Detection, 
Inspection, Surveillance, and Communications Technology Expansion 
Alternative was amended to better describe CBP's use of gamma imaging 
inspection systems and X-ray technologies.
    The bullet at the bottom of page 2-11 explains why CBP evaluates 
the usefulness of commercial off the shelf technologies. In order to 
reflect the proper application of X-ray scanners by CBP, the bullet at 
the bottom of page 2-11 was amended so it now reads as follows: 
``Performing inspections using more personal radiation detectors (PRD), 
RIIDs and NII tools such as gamma imaging inspection systems, and low 
and high energy x-ray inspection systems (see box on page 2-12). (CBP 
completed Programmatic Environmental Assessments (EA) on the deployment 
of various types of NII technology in 2010 and recently published a 
programmatic EA for the use of low energy x-ray inspection systems to 
scan personally owned vehicles (POVs) with the driver/passenger in the 
vehicle.).'' \1\
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    \1\ This passage previously stated: ``Processing visitors and 
cargo more rapidly while maintaining strict security by using more 
and improved personal radiation detectors (PRD), RIDs, and NII 
tools, such as high-energy container scanners and full-body scanners 
(see box). (CBP completed a programmatic Environmental Assessment 
(EA) on the deployment of various types of NII technology in 2009 
and recently published EAs for the use of high-energy scanners for 
both cargo and people.)''
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    Page 2-12 of the PEIS discusses gamma imaging inspection systems 
and uses Vehicle and Cargo Inspection System[supreg] (VACIS) as the 
operative example. ``Gamma imaging inspection system'' is the general 
description of the impacting technology. VACIS[supreg] is merely the 
proprietary name for a particular brand of gamma imaging inspection 
system. Therefore, the PEIS should have used the more general term 
``gamma imaging inspection system'' throughout the discussion. 
Accordingly, the relevant passage on page 2-12 was amended so it now 
reads: ``Gamma Imaging Inspection Systems--The gamma imaging inspection 
system is used to scan cargo. It can be delivered as a portal or on 
tracks for POEs, or mounted on a truck to be used at multiple, 
temporary, and/or remote locations as well as POEs. The truck-mounted 
system can be especially useful for those situations where the 
container itself is fixed.'' \2\
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    \2\ This passage previously stated: ``Vehicle and Cargo 
Inspection System--This is a gamma-ray backscatter imaging system 
used for inspecting cargoes. It can be delivered as a portal for 
POEs or mounted on a truck to be used at multiple, temporary, and/or 
remote locations. The truck-mounted system can be especially useful 
for those situations where the container itself is fixed, such as a 
railroad car.''
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    The discussion of X-Ray inspection technologies on page 2-12 of the 
PEIS incorrectly asserted that high energy X-Ray inspections systems 
(HEXRIS) were used by CBP to perform body scans. Neither high energy 
nor low-energy X-ray systems are used for body scan imaging. LEXRIS are 
used to scan personally owned vehicles at ports of entry while the 
drivers or passengers remain in their vehicles. Therefore, the 
discussion of HEXRIS was revised to state: ``X-Ray Imaging Systems--
High Energy X-Ray Inspection Systems (HEXRIS) is a non-intrusive 
inspection technology for use to aid in inspecting high-density cargo 
containers. Low Energy X-Ray Systems are utilized to scan personally 
owned vehicles (POVs).''\3\
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    \3\ This passage previously stated: ``High-Energy X-Ray Imaging 
Scanners--High-energy imaging scanners scan a passenger by rastering 
or moving a single high-energy X-ray beam rapidly over the body. The 
signal strength of detected backscattered X-rays from a known 
position then allows a highly realistic image to be reconstructed 
(EPIC, 2010).''
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    Also, on page 8-197, in the paragraph beginning. ``Use NII 
Technology,'' the phrase ``high-energy X-ray imaging systems'' should 
be ``high-energy inspection systems.''

List of Preparers

    A number of government personnel who contributed to the preparation 
of the Final PEIS were inadvertently omitted from the Chapter 11 List 
of Preparers in the Final Programmatic Environmental Impact Statement. 
This notice amends the Final PEIS Preparers table to add the following 
personnel according to their name and description of their associated 
professional experience:
     Paula Bienenfeld (Parsons), Ph.D., Anthropology--32 years: 
archeology; NHPA Section 106 consultation, NEPA document preparation, 
analysis, and review;
     Jennifer Hass (CBP), M.S. Environmental Law; J.D.--6 
years: environmental planning, environmental program management, 
environmental issue advocacy, NEPA document preparation, analysis, and 
review;
     John Petrilla (CBP), B.S. Environmental Economics and 
Policy, M.P.P. Policy Studies--5 years: environmental planning and 
compliance; NEPA document preparation, analysis, and review; and
     Joseph Zidron (CBP), Masters of Public Administration--5 
years: environmental planning and compliance; NEPA document 
preparation, analysis, and review.

    Dated: May 6, 2013.
 Karl H. Calvo,
Executive Director, Facilities Management and Engineering, Office of 
Administration.
[FR Doc. 2013-11115 Filed 5-9-13; 8:45 am]
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