National Environmental Policy Act; Implementing Procedures; Addition of Categorical Exclusion for Real Property Disposal, 44138-44140 [2013-17702]
Download as PDF
44138
Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Notices
Comments’’ portion of the
section
below for instructions on submitting
comments.
We have provided a copy of the DEIS
in our online docket at https://
www.regulations.gov. Also, the
following locations will maintain a
printed copy of the DEIS for public
review:
• Coast Guard Seventh District Bridge
Office at 909 SE 1st Avenue, Brickell
Plaza Federal Building, Ste 432, Miami,
Florida, 33131. The document will be
available at this location between 8 a.m.
and 4 p.m., Monday through Friday,
except Federal holidays.
• Manatee County Chamber of
Commerce at 4215 Concept Court,
Lakewood Ranch, Florida, 34211. Call
941–748–3411 for hours of operation.
• Manatee County Central Library at
1301 Barcarrota Blvd. West, Bradenton,
Florida, 34205. Call 941–748–5555 for
hours of operation.
• Manatee County Rocky Bluff
Library at 6750 US 301 North, Ellenton,
Florida, 34222. Call 941–723–4821 for
hours of operation.
The public meeting on August 7,
2013, will be held at the Manatee
County Civic Center (also known as the
Bradenton Area Convention Center), 1
Haben Blvd., Palmetto, Florida, 34221.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this notice or the
public meeting, call or email Randall
Overton, Bridge Management Specialist,
Seventh Coast Guard District, U.S. Coast
Guard; telephone 305–415–6736, email
Randall.D.Overton@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:
SUPPLEMENTARY INFORMATION
ehiers on DSK2VPTVN1PROD with NOTICES
Public Participation and Request for
Comments
We encourage you to submit
comments and related material on the
DEIS and the proposed project’s impact
on river navigation. All comments
received, including comments received
at the public meeting, 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–2010–
0455) 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
VerDate Mar<15>2010
15:40 Jul 22, 2013
Jkt 229001
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, and follow
the instructions on that Web site. If 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 comments 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 and may change
this document based on your comments.
Viewing the comments and the DEIS:
To view the comments and DEIS go to
https://www.regulations.gov, insert
(USCG–2010–0455) in the SEARCH box
and follow the instructions on that Web
site. 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. The DEIS is also
available online at https://www.uscg.mil/
hq/cg5/cg551/CGLeadProjects.asp and
is available for inspection at the Seventh
Coast Guard District address given
under ADDRESSES.
Copies of all written communications
from the public meeting will be
available for review by interested
persons after the meeting on the online
docket, USCG–2010–0455 via https://
www.regulations.gov.
A transcript of the meeting will be
available for public review
approximately 30 days after the
meeting. All comments will be made
part of the official case record.
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, system of records notice
regarding our public dockets in the
January 17, 2008, issue of the Federal
Register (73 FR 3316).
Correction to Federal Register Notice
In the July 5, 2013, edition of the
Federal Register, the Coast Guard
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Fmt 4703
Sfmt 4703
published a notice titled, ‘‘Availability
of Draft Environmental Impact
Statement for the Proposed Construction
of a Highway Bridge Across the Manatee
River at Parrish, Manatee County, FL’’
(78 FR 40488). The Coast Guard is
correcting the end date of the comment
period to align with the Environmental
Protection Agency’s notice announcing
the comment period for the availability
of this draft environmental impact
statement (78 FR 40474). Although
documents located in the docket for this
notice may list the closing date for this
comment period as August 18, 2013, the
Coast Guard is accepting comments
until August 19, 2013.
This notice is issued under authority
of the General Bridge Act of 1946 (33
U.S.C. 525–533), 6 U.S.C. 468, DHS
Delegation No. 0170.1, the National
Historic Preservation Act (NHPA), as
amended (16 U.S.C. 470 et seq.) and the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), as
implemented by the Council on
Environmental Quality regulations (40
CFR parts 1500–1508), Department of
Homeland Security Directive 023–01,
and Coast Guard Commandant
Instruction M16475.1D.
Dated: July 17, 2013.
Brian L. Dunn,
Administrator, Office of Bridge Programs,
U.S. Coast Guard.
[FR Doc. 2013–17603 Filed 7–22–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG–2013–0339]
National Environmental Policy Act;
Implementing Procedures; Addition of
Categorical Exclusion for Real
Property Disposal
Coast Guard, DHS.
Notice of the addition of one
new categorical exclusion to the United
States Coast Guard and Department of
Homeland Security NEPA implementing
procedures.
AGENCY:
ACTION:
This notice announces the
addition of a new Categorical Exclusion
(CATEX) for Real Property Disposal
under the National Environmental
Policy Act (NEPA). This CATEX amends
the United States Coast Guard and
Department of Homeland Security
NEPA implementing procedures by
establishing a new CATEX for real
property disposal undertaken by the
United States Coast Guard. With this
CATEX, the Coast Guard will be able to
SUMMARY:
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Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Notices
ehiers on DSK2VPTVN1PROD with NOTICES
dispose of real property under certain
authorities without preparing an
environmental assessment or
environmental impact statement.
DATES: The categorical exclusion is
effective July 23, 2013.
FOR FURTHER INFORMATION CONTACT: To
obtain a copy of the new categorical
exclusion contact Ms. Kebby Kelly,
Office of Environmental Management
(CG–47), U.S. Coast Guard; telephone
202–475–5690, email:
Kebby.Kelley@uscg.mil.
Viewing the supporting material: To
view the supporting material for the
establishment of this CATEX, go to
https://www.regulations.gov, and follow
the instructions on that Web site. 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. The Coast
Guard has an agreement with the
Department of Transportation to use the
Docket Management Facility.
SUPPLEMENTARY INFORMATION:
Background
DHS and the Coast Guard determined
that a new Categorical Exclusion
(CATEX) for real property disposal was
needed to cover two new real property
disposal authorities that are specific to
the Coast Guard. The use of this new
CATEX within DHS will be limited to
USCG real property disposal activities.
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
real 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 the Department of
Homeland Security (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 now adds a
CATEX that contains the same language
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15:40 Jul 22, 2013
Jkt 229001
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.
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 this 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 now add this new
real property disposal CATEX for these
types of actions that experience has
shown do not have significant
environmental impacts in order to carry
out the Coast Guard’s new legislative
PO 00000
Frm 00048
Fmt 4703
Sfmt 4703
44139
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 will 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 support this new CATEX for the
disposal of real property (including
facilities) by the Coast Guard.
Descriptions of the other agency
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.
A Federal Register notice of
availability and request for comments
was published on May 17, 2013 (78 FR
29145). No comments were received by
the end of the comment period on June
17, 2013. To view documents online
relating to this categorical exclusion, 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. The
Coast Guard has an agreement with the
Department of Transportation to use the
Docket Management Facility.
Categorical Exclusion
The following Coast Guard-specific
CATEX is added 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,
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44140
Federal Register / Vol. 78, No. 141 / Tuesday, July 23, 2013 / Notices
and in the DHS Environmental Planning
Program Directive 023–01 (71 FR
16790):
* Disposal of real property (including
facilities) by the USCG 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.
This notice is issued under authority
of: 5 U.S.C. 552(a); 42 U.S.C. 4321 et
seq.; 40 CFR 1500–1508; Department of
Homeland Security 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: July 17, 2013.
Albert Curry,
U.S. Coast Guard, Acting Assistant
Commandant for Engineering and Logistics,
Commandant (CG–4d).
[FR Doc. 2013–17702 Filed 7–22–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
Intent To Request Approval From OMB
of One New Public Collection of
Information: TSA PreTM Trusted
Traveler Program
Transportation Security
Administration, DHS.
ACTION: 60-day notice.
ehiers on DSK2VPTVN1PROD with NOTICES
AGENCY:
The Transportation Security
Administration (TSA) invites public
comment on a new Information
Collection Request (ICR) abstracted
below that we will submit to the Office
of Management and Budget (OMB) for
SUMMARY:
VerDate Mar<15>2010
15:40 Jul 22, 2013
Jkt 229001
approval in compliance with the
Paperwork Reduction Act (PRA). The
ICR describes the nature of the
information collection and its expected
burden. The collection involves the
submission of biographic and biometric
information by individuals seeking to
enroll in the TSA PreTM Trusted
Traveler Program.
DATES: Send your comments by
September 23, 2013.
ADDRESSES: Comments may be emailed
to TSAPRA@dhs.gov or delivered to the
TSA PRA Officer, Office of Information
Technology (OIT), TSA–11,
Transportation Security Administration,
601 South 12th Street, Arlington, VA
20598–6011.
FOR FURTHER INFORMATION CONTACT:
Susan L. Perkins at the above address,
or by telephone (571) 227–3398.
SUPPLEMENTARY INFORMATION:
Comments Invited
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), an agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid OMB control
number. The ICR documentation is
available at https://www.reginfo.gov.
Therefore, in preparation for OMB
review and approval of the following
information collection, TSA is soliciting
comments to—
(1) Evaluate whether the proposed
information requirement is necessary for
the proper performance of the functions
of the agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden;
(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 using
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Information Collection Requirement
Purpose and Description of Data
Collection
The Transportation Security
Administration (TSA) is implementing
the TSA PreTM Trusted Traveler
Program pursuant to its authority under
section 109(a)(3) of the Aviation and
Transportation Security Act (ATSA),
Public Law 107–71 (115 Stat. 597, 613,
Nov. 19, 2001, codified at 49 U.S.C. 114
note). That section authorizes TSA to
‘‘[e]stablish requirements to implement
trusted passenger programs and use
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
available technologies to expedite
security screening of passengers who
participate in such programs, thereby
allowing security screening personnel to
focus on those passengers who should
be subject to more extensive screening.’’
In addition, the DHS Appropriations
Act, 2006, Public Law 109–90 (119 Stat.
2064, 2088–89, Oct. 18, 2005),
authorizes TSA to establish and collect
a fee for any registered traveler program
by publication of a notice in the Federal
Register.
Under the TSA PreTM Trusted
Traveler Program, individuals may
submit information to TSA, which in
turn will use the information to conduct
a security threat assessment of the
individual using existing systems and
processes. For those individuals who
meet the standards of that assessment,
TSA will issue a unique number, called
a Known Traveler Number,1 which
individuals may submit to airlines when
making flight reservations. Airline
passengers who submit Known Traveler
Numbers when making airline
reservations are eligible for expedited
screening on flights originating from
U.S. airports with TSA PreTM lanes.2
TSA seeks to establish enrollment
sites and implement a mobile
enrollment capability. Those seeking to
become a TSA PreTM Trusted Traveler
Program member will have the option to
apply online by submitting biographic
information and paying the fee using a
secure web portal (or by money order at
an enrollment center) to TSA’s
contracted vendor. Applicants then will
submit biometric data (e.g., fingerprints)
in-person at an enrollment center.
Eligibility for the TSA PreTM Trusted
Traveler Program is within the sole
discretion of TSA, which will notify
applicants who are denied eligibility in
writing of the reasons for the denial. If
initially deemed ineligible, applicants
will have an opportunity to correct
cases of misidentification or inaccurate
criminal or immigration records.
Consistent with 28 CFR 50.12 in cases
1 The Known Traveler Number is a component of
Secure Flight Passenger Data (SFPD), both of which
are defined in the Secure Flight regulations at 49
CFR 1560.3. See also the Secure Flight regulations
at 49 CFR part 1560.
2 Passengers who are eligible for expedited
screening through a dedicated TSA PreTM lane
typically will receive more limited physical
screening, e.g., will be able to leave on their shoes,
light outerwear, and belt, to keep their laptop in its
case, and to keep their 3–1–1 compliant liquids/gels
bag in a carry-on. TSA PreTM lanes are available at
40 airports nationwide, with additional expansion
planned. See ‘‘TSA PreTM Now Available at 40
Airports Nationwide: Expedited Screening Begins at
Raleigh-Durham International Airport,’’ https://
www.tsa.gov/press/releases/2013/03/28/tsapre%E2%9C%93%E2%84%A2-now-available-40airports-nationwide-expedited-screening-begins.
E:\FR\FM\23JYN1.SGM
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Agencies
[Federal Register Volume 78, Number 141 (Tuesday, July 23, 2013)]
[Notices]
[Pages 44138-44140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17702]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2013-0339]
National Environmental Policy Act; Implementing Procedures;
Addition of Categorical Exclusion for Real Property Disposal
AGENCY: Coast Guard, DHS.
ACTION: Notice of the addition of one new categorical exclusion to the
United States Coast Guard and Department of Homeland Security NEPA
implementing procedures.
-----------------------------------------------------------------------
SUMMARY: This notice announces the addition of a new Categorical
Exclusion (CATEX) for Real Property Disposal under the National
Environmental Policy Act (NEPA). This CATEX amends the United States
Coast Guard and Department of Homeland Security NEPA implementing
procedures by establishing a new CATEX for real property disposal
undertaken by the United States Coast Guard. With this CATEX, the Coast
Guard will be able to
[[Page 44139]]
dispose of real property under certain authorities without preparing an
environmental assessment or environmental impact statement.
DATES: The categorical exclusion is effective July 23, 2013.
FOR FURTHER INFORMATION CONTACT: To obtain a copy of the new
categorical exclusion contact Ms. Kebby Kelly, Office of Environmental
Management (CG-47), U.S. Coast Guard; telephone 202-475-5690, email:
Kebby.Kelley@uscg.mil.
Viewing the supporting material: To view the supporting material
for the establishment of this CATEX, go to https://www.regulations.gov,
and follow the instructions on that Web site. 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. The Coast Guard has an agreement with the
Department of Transportation to use the Docket Management Facility.
SUPPLEMENTARY INFORMATION:
Background
DHS and the Coast Guard determined that a new Categorical Exclusion
(CATEX) for real property disposal was needed to cover two new real
property disposal authorities that are specific to the Coast Guard. The
use of this new CATEX within DHS will be limited to USCG real property
disposal activities. 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 real 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 the Department of Homeland Security (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 now adds 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.
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
this 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 now add this new real property disposal CATEX for these
types of actions that experience has shown do not have significant
environmental impacts in order to carry out the Coast Guard's 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
will 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 support this new CATEX for the disposal of real property
(including facilities) by the Coast Guard. Descriptions of the other
agency 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.
A Federal Register notice of availability and request for comments
was published on May 17, 2013 (78 FR 29145). No comments were received
by the end of the comment period on June 17, 2013. To view documents
online relating to this categorical exclusion, 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. The Coast Guard has an agreement with the
Department of Transportation to use the Docket Management Facility.
Categorical Exclusion
The following Coast Guard-specific CATEX is added 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,
[[Page 44140]]
and in the DHS Environmental Planning Program Directive 023-01 (71 FR
16790):
* Disposal of real property (including facilities) by the USCG
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.
This notice is issued under authority of: 5 U.S.C. 552(a); 42
U.S.C. 4321 et seq.; 40 CFR 1500-1508; Department of Homeland Security
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: July 17, 2013.
Albert Curry,
U.S. Coast Guard, Acting Assistant Commandant for Engineering and
Logistics, Commandant (CG-4d).
[FR Doc. 2013-17702 Filed 7-22-13; 8:45 am]
BILLING CODE 9110-04-P