Request for Public Comment on New Proposed Categorical Exclusion for Real Property Disposal Under the National Environmental Policy Act, 29145-29147 [2013-11867]

Download as PDF Federal Register / Vol. 78, No. 96 / Friday, May 17, 2013 / Notices Agenda: To review and evaluate grant applications. Place: Sheraton Delfina Santa Monica Hotel, 530 West Pico Boulevard, Santa Monica, CA 90405. Contact Person: Priscah Mujuru, RN, DRPH, COHNS, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3139, MSC 7770, Bethesda, MD 20892, 301–594–6594, mujurup@mail.nih.gov. Name of Committee: Center for Scientific Review Special Emphasis Panel Nursing and Related Clinical Sciences Overflow. Date: June 12, 2013. Time: 8:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant applications. Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814. Contact Person: Martha L Hare, Ph.D., RN, Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3154, Bethesda, MD 20892, (301) 451–8504, harem@mail.nih.gov. Name of Committee: Healthcare Delivery and Methodologies Integrated Review Group Biostatistical Methods and Research Design Study Section. Date: June 14, 2013. Time: 8:00 a.m. to 6:00 p.m. Agenda: To review and evaluate grant applications. Place: Holiday Inn Inner Harbor, 301 W. Lombard Street, Baltimore, MD 21201. Contact Person: Tomas Drgon, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3152, MSC 7770, Bethesda, MD 20892, 301–435– 1017, tdrgon@csr.nih.gov. (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393–93.396, 93.837–93.844, 93.846–93.878, 93.892, 93.893, National Institutes of Health, HHS) Dated: May 13, 2013. Melanie J. Gray, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2013–11737 Filed 5–16–13; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HOMELAND SECURITY wreier-aviles on DSK5TPTVN1PROD with NOTICES [Docket No. DHS–2013–0022] President’s National Security Telecommunications Advisory Committee National Protection and Programs Directorate, DHS. ACTION: Committee Management; Notice of Partially Closed Federal Advisory Committee Meeting; Correction. AGENCY: The Department of Homeland Security published a document in the SUMMARY: VerDate Mar<15>2010 15:20 May 16, 2013 Jkt 229001 Federal Register of May 14, 2013, providing notice of a May 22, 2013, meeting of the President’s National Security Telecommunications Advisory Committee (NSTAC). The document contained an incorrect date for the close of the comment period. FOR FURTHER INFORMATION CONTACT: Michael Echols, NSTAC Alternate Designated Federal Officer, Department of Homeland Security, telephone (703) 235–5469. Correction In the Federal Register of May 14, 2013, in FR Doc. 2013–11324, on page 28238, in the first column, in the first paragraph of the ADDRESSES caption, correct the sixth sentence to read: Comments must be submitted in writing no later than May 21, 2013 and must be identified by DHS–2013–0222 and may be submitted by one of the following methods: Dated: May 15, 2013. Christina E. McDonald, Associate General Counsel for Regulatory Affairs. 29145 You may submit comments identified by docket number USCG– 2013–0339 using any one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. ADDRESSES: Coast Guard If you have questions on this notice, call or email Ms. Kebby Kelly, United States Coast Guard Office of Environmental Management; telephone 202–475–5690, email Kebby.Kelley@uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: [Docket No. USCG–2013–0339] Public Participation and Request for Comments [FR Doc. 2013–11948 Filed 5–16–13; 8:45 am] BILLING CODE 9110–9P–P DEPARTMENT OF HOMELAND SECURITY Request for Public Comment on New Proposed Categorical Exclusion for Real Property Disposal Under the National Environmental Policy Act Coast Guard, DHS. Notice of availability and request for comments. AGENCY: ACTION: This is a notice and request for comments on a Proposed New Categorical Exclusion for Real Property Disposal. This proposal would amend the Coast Guard Commandant Instruction and Department of Homeland Security Directive used to comply with the National Environmental Policy Act by establishing a new categorical exclusion (CATEX) for real property disposal undertaken by the United States Coast Guard. The Coast Guard seeks comments on this proposed CATEX. DATES: Comments and related material must either be submitted to our online docket via https://www.regulations.gov on or before June 17, 2013 or reach the Docket Management Facility by that date. SUMMARY: PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 FOR FURTHER INFORMATION CONTACT: We encourage you to submit comments and related material on the proposed new Coast Guard Categorical Exclusion (CATEX) for real property disposal. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. Submitting comments: If you submit a comment, please include the docket number for this notice (USCG–2013– 0339) and provide a reason for each suggestion or recommendation. You may submit your comments and material online, or by fax, mail or hand delivery, but please use only one of these means. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to https://www.regulations.gov, insert (USCG–2013–0339) in the Search box, look for this notice in the docket and click the comment button next to it. If E:\FR\FM\17MYN1.SGM 17MYN1 29146 Federal Register / Vol. 78, No. 96 / Friday, May 17, 2013 / Notices you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit them by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period. Viewing comments and supporting material: To view comments, go to https://www.regulations.gov, insert (USCG–2013–0339) in the Search box, then click on the ‘‘Open Docket Folder’’ option. If you do not have access to the internet, you may view the docket by visiting the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. We have an agreement with the Department of Transportation to use the Docket Management Facility. wreier-aviles on DSK5TPTVN1PROD with NOTICES Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). Background The Coast Guard has determined that a new CATEX is needed to cover two new real property disposal authorities specific to the Coast Guard. In the past, the Coast Guard exclusively used the process established by the General Services Administration (GSA) to dispose of excess real property, unless specifically directed otherwise by Congress. Because the Coast Guard previously worked through the GSA for property disposal, the GSA was able to use its CATEX to fulfill obligations under the National Environmental Policy Act (NEPA). Recently, Congress passed two pieces of legislation that directly authorize DHS and the Coast Guard to dispose of real property through sale and keep the proceeds for use in specific Coast Guard programs. Specifically, the Coast Guard has been granted authority to dispose of property previously used for Long Range Navigation (Loran-C) equipment. The Coast Guard has also been granted the authority to dispose of real property in order to pay for military family and VerDate Mar<15>2010 15:20 May 16, 2013 Jkt 229001 military unaccompanied housing projects. The Coast Guard seeks to add a CATEX that contains the same language as the GSA’s CATEX that will allow the Coast Guard to satisfy its NEPA obligations when disposing of excess real property. The Department of Homeland Security Appropriations Act, 2010 (Pub. L. 111–83), authorizes the Coast Guard to sell any real and personal property under the administrative control of the Coast Guard and used for the Loran-C system, by directing the Administrator of GSA to sell such real and personal property. This is allowed, provided that the proceeds, less the costs of sale incurred by the GSA, shall be deposited as offsetting collections into the ‘‘Coast Guard Environmental Compliance and Restoration’’ account and, subject to appropriation, shall be available until expended for environmental compliance and restoration purposes associated with the Loran-C system. Additionally, Congress passed 14 U.S.C. 685, Conveyance of Real Property (January 7, 2011), which states that notwithstanding any other provision of law, the Secretary of the respective department in which the Coast Guard is operating (Secretary) may convey, at fair market value, real property, owned or under the administrative control of the Coast Guard, for the purpose of expending the proceeds from such conveyance to acquire and construct military family housing and military unaccompanied housing. The conveyance of real property under this section shall be by sale, for cash. The Secretary shall deposit the proceeds from the sale in the Coast Guard Housing Fund. This proposal is to add the following Coast Guard-specific CATEX to the existing list of CATEXs published in Coast Guard Commandant Instruction 16475.1D, National Environmental Policy Act Implementing Procedures and Policy for Considering Environmental Impacts, and to the DHS Environmental Planning Program Directive 023–01 (71 FR 16790): *[L64] Disposal of real property (including facilities) by the Coast Guard where the reasonably foreseeable use will not change significantly or where the reasonably foreseeable use is similar to existing surrounding properties (e.g. commercial store in a commercial strip, warehouse in an urban complex, office building in downtown area, row house or vacant lot in an urban area). The asterisk (*) indicates application of this CATEX requires the completion of an environmental review of the proposed disposal action documented in a Record of Environmental Consideration to ensure extraordinary PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 circumstances have been appropriately considered. The availability of this CATEX does not exempt the applicability of other environmental requirements such as, but not limited to, section 7 of the Endangered Species Act, section 106 of the National Historic Preservation Act, and the Migratory Bird Treaty Act. These requirements must be met regardless of the applicability of this CATEX under NEPA. The Council on Environmental Quality (CEQ) guidance entitled, ‘‘Establishing, Applying, and Revising Categorical Exclusions under the National Environmental Policy Act’’ (February 18, 2010) encourages agencies to establish new CATEXs and revise existing CATEXs to eliminate unnecessary paperwork and effort reviewing the environmental effects of categories of actions that, absent extraordinary circumstances, do not have significant environmental effects. Without a CATEX for real property disposal, DHS and the Coast Guard would have to prepare an Environmental Assessment for every action of this type, including those that experience has shown do not typically have the potential for significant environmental impacts. Therefore, DHS and the Coast Guard need a CATEX for these types of actions that experience has shown do not have significant environmental impacts in order to carry out its new legislative authorities in a timely and efficient manner. The CEQ guidance also states that when substantiating a new or revised CATEX, agencies can draw on several sources of supporting information. These sources include professional staff and expert opinion and benchmarking other agencies’ experiences. Through a review of other agencies’ NEPA procedures, the Coast Guard and DHS found that numerous other Federal agencies have CATEXs for real property disposal activities that are sufficiently descriptive of the activity as to establish that those activities were similar in nature, scope, and impact on the human environment as those real property disposals that would be performed by the Coast Guard. In addition, all Federal agencies, with very few exceptions, must meet the same requirements to protect the environment. Particular agency CATEXs examined by the Coast Guard include those used by the GSA and the Department of the Army. DHS also received expert opinions from NEPA practitioners at GSA and the Department of the Army that supports this proposed new CATEX for the disposal of real property (including facilities) by the Coast Guard. Descriptions of the other agency E:\FR\FM\17MYN1.SGM 17MYN1 Federal Register / Vol. 78, No. 96 / Friday, May 17, 2013 / Notices CATEXs (with hyperlinks) and expert opinions obtained are provided in the administrative record available at https://www.regulations.gov by searching docket number USCG–2013–0339. This notice is issued under authority of: 5 U.S.C. 552(a); 42 U.S.C. 4321 et seq.; 40 CFR parts 1500–1508; Department of Homeland Security Management Directive 023–01 Environmental Planning Program; and United States Coast Guard Commandant Instruction M16475.1D, National Environmental Policy Act Implementing Procedures and Policy for Considering Environmental Impacts. Dated: May 13, 2013. J. Smith, Chief, Office of Environmental Management, U.S. Coast Guard. [FR Doc. 2013–11867 Filed 5–16–13; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY United States Secret Service 30-Day Notice and Request for Comments The Department of Homeland Security (DHS) has submitted the following information collection requests (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995: 1620–0002. This information collection was previously published in the Federal Register on March 7, 2013 at 78 FR 14807, allowing for OMB review and a 60-day public comment period. No comments were received. This notice allows for an additional 30 days for public comment. DATES: Comments are encouraged and will be accepted until June 17, 2013. This process is conduced in accordance with 5 CFR 1320.10. Written comments and/or suggestions regarding the items contained in this notice should be directed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attn: Desk Officer for United States Secret Service, Department of Homeland Security, and sent via electronic mail to oira_submission@omb.eop.gov; or faxed to 202–395–5806. The Office of Management and Budget is particularly interested in comments which: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including wreier-aviles on DSK5TPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:20 May 16, 2013 Jkt 229001 whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form(s) and instructions should be directed to: United States Secret Service, Security Clearance Division, Attn: ASAIC Michael Smith, Communications Center (SCD), 345 Murray Lane SW., Building T5, Washington, DC 20223. Telephone number: 202–406–6658. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires each Federal agency to provide interested Federal agencies and the public an early opportunity to comment on information collection requests. The notice for this proposed information collection contains the following: (1) The name of the component of the U.S. Department of Homeland Security; (2) Type of review requested, e.g., new, revision, extension, existing or reinstatement; (3) OMB Control Number, if applicable; (4) Title; (5) Summary of the collection; (6) Description of the need for, and proposed use of, the information; (7) Respondents and frequency of collection; and (8) Reporting and/or recordkeeping burden. The Department of Homeland Security invites public comment. The Department of Homeland Security is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department, including whether the information will have practical utility; (2) Is the estimate of burden for this information collection accurate; (3) How might the Department enhance the quality, utility, and clarity of the information to be collected; and (4) How might the Department minimize the burden of this collection on the respondents, including through the use of information technology. All PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 29147 comments will become a matter of public record. In this document the U. S. Secret Service is soliciting comments concerning the following information collection: Title: U.S. Secret Service Facility Access Request. OMB Number: 1620–0002. Form Number: SSF 3237. Abstract: Respondents are primarily Secret Service contractor personnel or non-Secret Service Government employees on official business that require access to Secret Service controlled facilities in performance of official duties. These individuals, if approved for access, will require escorted, unescorted, and staff-like access to Secret Service-controlled facilities. Responses to questions on the SSF 3237 yield information necessary for the adjudication of eligibility for facility access. Agency: Department of Homeland Security, United States Secret Service. Frequency: Occasionally. Type of Review: Revision of a currently approved collection. Affected Public: Individuals or Households/Business. Estimated Number of Respondents: 5000. Estimated Time per Respondent: 15 minutes. Estimated Total Annual Burden Hours: 1250 hours. Estimated Total Burden Cost (capital/ startup): None. Total Burden Cost (operating/ maintaining): None. Dated: May 8, 2013. Sharon Johnson, Chief—Policy Analysis and Organizational Development Branch, U.S. Secret Service, U.S. Department of Homeland Security. [FR Doc. 2013–11780 Filed 5–16–13; 8:45 am] BILLING CODE 4810–42–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5681–N–20] Federal Property Suitable as Facilities To Assist the Homeless Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice. AGENCY: This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for use to assist the homeless. FOR FURTHER INFORMATION CONTACT: Juanita Perry, Department of Housing SUMMARY: E:\FR\FM\17MYN1.SGM 17MYN1

Agencies

[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Notices]
[Pages 29145-29147]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11867]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2013-0339]


Request for Public Comment on New Proposed Categorical Exclusion 
for Real Property Disposal Under the National Environmental Policy Act

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability and request for comments.

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

SUMMARY: This is a notice and request for comments on a Proposed New 
Categorical Exclusion for Real Property Disposal. This proposal would 
amend the Coast Guard Commandant Instruction and Department of Homeland 
Security Directive used to comply with the National Environmental 
Policy Act by establishing a new categorical exclusion (CATEX) for real 
property disposal undertaken by the United States Coast Guard. The 
Coast Guard seeks comments on this proposed CATEX.

DATES: Comments and related material must either be submitted to our 
online docket via https://www.regulations.gov on or before June 17, 2013 
or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0339 using any one of the following methods:
    (1) Federal eRulemaking Portal: https://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or email Ms. Kebby Kelly, United States Coast Guard Office of 
Environmental Management; telephone 202-475-5690, email 
Kebby.Kelley@uscg.mil. If you have questions on viewing or submitting 
material to the docket, call Barbara Hairston, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to submit comments and related material on the 
proposed new Coast Guard Categorical Exclusion (CATEX) for real 
property disposal. All comments received will be posted without change 
to https://www.regulations.gov and will include any personal information 
you have provided.
    Submitting comments: If you submit a comment, please include the 
docket number for this notice (USCG-2013-0339) and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online, or by fax, mail or hand delivery, but please use only 
one of these means. We recommend that you include your name and a 
mailing address, an email address, or a telephone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to https://www.regulations.gov, 
insert (USCG-2013-0339) in the Search box, look for this notice in the 
docket and click the comment button next to it. If

[[Page 29146]]

you submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period.
    Viewing comments and supporting material: To view comments, go to 
https://www.regulations.gov, insert (USCG-2013-0339) in the Search box, 
then click on the ``Open Docket Folder'' option. If you do not have 
access to the internet, you may view the docket by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. We have an agreement with the Department of 
Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Background

    The Coast Guard has determined that a new CATEX is needed to cover 
two new real property disposal authorities specific to the Coast Guard. 
In the past, the Coast Guard exclusively used the process established 
by the General Services Administration (GSA) to dispose of excess real 
property, unless specifically directed otherwise by Congress. Because 
the Coast Guard previously worked through the GSA for property 
disposal, the GSA was able to use its CATEX to fulfill obligations 
under the National Environmental Policy Act (NEPA). Recently, Congress 
passed two pieces of legislation that directly authorize DHS and the 
Coast Guard to dispose of real property through sale and keep the 
proceeds for use in specific Coast Guard programs.
    Specifically, the Coast Guard has been granted authority to dispose 
of property previously used for Long Range Navigation (Loran-C) 
equipment. The Coast Guard has also been granted the authority to 
dispose of real property in order to pay for military family and 
military unaccompanied housing projects. The Coast Guard seeks to add a 
CATEX that contains the same language as the GSA's CATEX that will 
allow the Coast Guard to satisfy its NEPA obligations when disposing of 
excess real property.
    The Department of Homeland Security Appropriations Act, 2010 (Pub. 
L. 111-83), authorizes the Coast Guard to sell any real and personal 
property under the administrative control of the Coast Guard and used 
for the Loran-C system, by directing the Administrator of GSA to sell 
such real and personal property. This is allowed, provided that the 
proceeds, less the costs of sale incurred by the GSA, shall be 
deposited as offsetting collections into the ``Coast Guard 
Environmental Compliance and Restoration'' account and, subject to 
appropriation, shall be available until expended for environmental 
compliance and restoration purposes associated with the Loran-C system.
    Additionally, Congress passed 14 U.S.C. 685, Conveyance of Real 
Property (January 7, 2011), which states that notwithstanding any other 
provision of law, the Secretary of the respective department in which 
the Coast Guard is operating (Secretary) may convey, at fair market 
value, real property, owned or under the administrative control of the 
Coast Guard, for the purpose of expending the proceeds from such 
conveyance to acquire and construct military family housing and 
military unaccompanied housing. The conveyance of real property under 
this section shall be by sale, for cash. The Secretary shall deposit 
the proceeds from the sale in the Coast Guard Housing Fund.
    This proposal is to add the following Coast Guard-specific CATEX to 
the existing list of CATEXs published in Coast Guard Commandant 
Instruction 16475.1D, National Environmental Policy Act Implementing 
Procedures and Policy for Considering Environmental Impacts, and to the 
DHS Environmental Planning Program Directive 023-01 (71 FR 16790):

*[L64] Disposal of real property (including facilities) by the Coast 
Guard where the reasonably foreseeable use will not change 
significantly or where the reasonably foreseeable use is similar to 
existing surrounding properties (e.g. commercial store in a 
commercial strip, warehouse in an urban complex, office building in 
downtown area, row house or vacant lot in an urban area).

    The asterisk (*) indicates application of this CATEX requires the 
completion of an environmental review of the proposed disposal action 
documented in a Record of Environmental Consideration to ensure 
extraordinary circumstances have been appropriately considered. The 
availability of this CATEX does not exempt the applicability of other 
environmental requirements such as, but not limited to, section 7 of 
the Endangered Species Act, section 106 of the National Historic 
Preservation Act, and the Migratory Bird Treaty Act. These requirements 
must be met regardless of the applicability of this CATEX under NEPA.
    The Council on Environmental Quality (CEQ) guidance entitled, 
``Establishing, Applying, and Revising Categorical Exclusions under the 
National Environmental Policy Act'' (February 18, 2010) encourages 
agencies to establish new CATEXs and revise existing CATEXs to 
eliminate unnecessary paperwork and effort reviewing the environmental 
effects of categories of actions that, absent extraordinary 
circumstances, do not have significant environmental effects. Without a 
CATEX for real property disposal, DHS and the Coast Guard would have to 
prepare an Environmental Assessment for every action of this type, 
including those that experience has shown do not typically have the 
potential for significant environmental impacts. Therefore, DHS and the 
Coast Guard need a CATEX for these types of actions that experience has 
shown do not have significant environmental impacts in order to carry 
out its new legislative authorities in a timely and efficient manner.
    The CEQ guidance also states that when substantiating a new or 
revised CATEX, agencies can draw on several sources of supporting 
information. These sources include professional staff and expert 
opinion and benchmarking other agencies' experiences. Through a review 
of other agencies' NEPA procedures, the Coast Guard and DHS found that 
numerous other Federal agencies have CATEXs for real property disposal 
activities that are sufficiently descriptive of the activity as to 
establish that those activities were similar in nature, scope, and 
impact on the human environment as those real property disposals that 
would be performed by the Coast Guard. In addition, all Federal 
agencies, with very few exceptions, must meet the same requirements to 
protect the environment.
    Particular agency CATEXs examined by the Coast Guard include those 
used by the GSA and the Department of the Army. DHS also received 
expert opinions from NEPA practitioners at GSA and the Department of 
the Army that supports this proposed new CATEX for the disposal of real 
property (including facilities) by the Coast Guard. Descriptions of the 
other agency

[[Page 29147]]

CATEXs (with hyperlinks) and expert opinions obtained are provided in 
the administrative record available at https://www.regulations.gov by 
searching docket number USCG-2013-0339.
    This notice is issued under authority of: 5 U.S.C. 552(a); 42 
U.S.C. 4321 et seq.; 40 CFR parts 1500-1508; Department of Homeland 
Security Management Directive 023-01 Environmental Planning Program; 
and United States Coast Guard Commandant Instruction M16475.1D, 
National Environmental Policy Act Implementing Procedures and Policy 
for Considering Environmental Impacts.

    Dated: May 13, 2013.
J. Smith,
Chief, Office of Environmental Management, U.S. Coast Guard.
[FR Doc. 2013-11867 Filed 5-16-13; 8:45 am]
BILLING CODE 9110-04-P
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