Federal Bureau of Investigation's National Environmental Policy Act Regulations, 14011-14017 [2019-06970]

Download as PDF Federal Register / Vol. 84, No. 68 / Tuesday, April 9, 2019 / Rules and Regulations Par. 2. Section 301.6103(j)(1)–1 is amended by: ■ 1. Revising paragraph (b)(2)(iii)(I) and adding paragraphs (b)(2)(iii)(K) through (M); ■ 2. Revising paragraphs (b)(3)(v) and (b)(3)(xxv) through (xxx); ■ 3. Adding paragraphs (b)(3)(xxxi) through (xxxv) and (b)(6)(i)(C) through (E); and ■ 4. Revising paragraph (e). The revisions and additions read as follows: ■ § 301.6103(j)(1)–1 Disclosures of return information reflected on returns to officers and employees of the Department of Commerce for certain statistical purposes and related activities. amozie on DSK9F9SC42PROD with RULES * * * * * (b) * * * (2) * * * (iii) * * * (I) Total taxable wages paid for purposes of chapter 21; * * * * * (K) If a business has closed or stopped paying wages; (L) Final date a business paid wages; and (M) If a business is a seasonal employer and does not have to file a return for every quarter of the year; * * * * * (3) * * * (v) Total expenses or deductions, including totals of the following components thereof: (A) Repairs (and maintenance) expense; (B) Rents (or lease) expense; (C) Taxes and licenses expense; (D) Interest expense, including mortgage or other interest; (E) Depreciation expense; (F) Depletion expense; (G) Advertising expense; (H) Pension and profit-sharing plans (retirement plans) expense; (I) Employee benefit programs expense; (J) Utilities expense; (K) Supplies expense; (L) Contract labor expense; and (M) Management (and investment advisory) fees. * * * * * (xxv) From Form 6765 (when filed with corporation income tax returns)— (A) Indicator that total qualified research expenses is greater than zero, but less than $1 million; greater than or equal to $1 million, but less than $3 million; or, greater than or equal to $3 million; (B) Cycle posted; and (C) Research tax credit amount to be carried over to a business return, schedule, or form. VerDate Sep<11>2014 16:07 Apr 08, 2019 Jkt 247001 (xxvi) Total number of documents reported on Form 1096 transmitting Forms 1099–MISC. (xxvii) Total amount reported on Form 1096 transmitting Forms 1099– MISC. (xxviii) Type of REIT. (xxix) From Form 1125–A— purchases. (xxx) From Form 1040, Schedule C— (A) Purchases less cost of items withdrawn for personal use; and (B) Materials and supplies. (xxxi) Electronic filing system indicator. (xxxii) Posting cycle date relative to filing. (xxxiii) Dividends, including ordinary or qualified. (xxxiv) From Form 1120S, Schedule K–1—ordinary business income (loss). (xxxv) From Form 1065, Schedule K– 1— (A) Publicly-traded partnership indicator; (B) Partner’s share of nonrecourse, qualified nonrecourse, and recourse liabilities; and (C) Ordinary business income (loss). * * * * * (6) * * * (i) * * * (C) From Form 1120–REIT— (1) Type of REIT; and (2) Gross rents from real property; (D) From Form 1120F—corporation’s method of accounting. (E) From Form 1096—total amount reported. * * * * * (e) Applicability date. Paragraphs (b)(2)(iii)(I), (b)(2)(iii)(K) through (b)(2)(iii)(M), (b)(3)(v), (b)(3)(xxv) through (b)(3)(xxxv), and (b)(6)(i)(C) through (b)(6)(i)(E) of this section apply to disclosure to the Bureau of the Census made on or after December 9, 2016. For rules that apply to disclosure to the Bureau of the Census before December 9, 2016, see 26 CFR 301.6103(j)(1)–1 (revised as of April 1, 2016). § 301.6103(j)(1)–1T [Removed] Par. 3. Section 301.6103(j)(1)–1T is removed. ■ Kirsten Wielobob, Deputy Commissioner for Services and Enforcement. Approved: March 19, 2019. David J. Kautter, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. 2019–07043 Filed 4–5–19; 4:15 pm] BILLING CODE 4830–01–P PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 14011 DEPARTMENT OF JUSTICE Federal Bureau of Investigation 28 CFR Part 61 RIN 1110–AA32 Federal Bureau of Investigation’s National Environmental Policy Act Regulations Federal Bureau of Investigation, Department of Justice. ACTION: Final rule. AGENCY: The Department of Justice is promulgating regulations establishing the Federal Bureau of Investigation’s (FBI’s) National Environmental Policy Act (NEPA) procedures. These regulations establish a process for implementing NEPA, Executive Order 11514, Executive Order 12114, and Council on Environmental Quality (CEQ) and Department of Justice (DOJ) regulations for implementing the procedural provisions of NEPA. DATES: Effective date: May 9, 2019. FOR FURTHER INFORMATION CONTACT: Catherine Shaw, FBI Occupational Safety and Environmental Programs (OSEP) Unit Chief; 935 Pennsylvania Avenue NW, Room WB–460, Washington, DC 20535; (202) 436–7500. SUPPLEMENTARY INFORMATION: On May 24, 2016, the FBI published a Notice of Proposed Rulemaking (NPRM) setting forth the NEPA procedures that are the subject of this final rule. See 81 FR 32688 (2016). The NPRM provided for a comment period ending July 25, 2016. No comments were received. CEQ’s NEPA implementing regulations contained in 40 CFR parts 1500–1508 require each Federal agency to adopt procedures (40 CFR 1507.3) to ensure that decisions are made in accordance with the policies and purposes of NEPA (40 CFR 1505.1). DOJ has established such policies and procedures at 28 CFR part 61. The FBI NEPA regulations supplement DOJ’s procedures to ensure that environmental considerations are fully integrated into the FBI’s mission and activities. The FBI regulations are intended to promote reduction of paperwork by providing guidelines for development of streamlined and focused NEPA documents and to reduce delay by integrating the NEPA process in the early stages of planning. They are also intended to promote transparency by ensuring that NEPA documents are written in plain language and follow a clear format so that they are easily comprehensible by the public and all parties involved in implementation of the proposed action. SUMMARY: E:\FR\FM\09APR1.SGM 09APR1 amozie on DSK9F9SC42PROD with RULES 14012 Federal Register / Vol. 84, No. 68 / Tuesday, April 9, 2019 / Rules and Regulations The FBI NEPA regulations are not intended to serve as a comprehensive NEPA guide, but will serve as a framework for the FBI NEPA Program. The FBI plans to apply its NEPA regulations in conjunction with NEPA, the CEQ regulations (40 CFR parts 1500–1508), DOJ implementing regulations (28 CFR part 61), and all other applicable environmental regulations, executive orders, and statutes developed for the protection of the environment. The FBI will, as appropriate, keep the public informed of the FBI NEPA Program and NEPA actions and ensure that relevant environmental documents, comments, and responses accompany proposals through all levels of decision making (40 CFR 1505.1(d)). The FBI’s NEPA Program will be implemented primarily by the following key persons within the FBI: (a) The FBI Director will maintain signature authority over all Findings of No Significant Impact (FONSIs) and Records of Decision (RODs). (b) The Environmental Executive/ Bureau Designated Environmental, Safety and Health Official (DESHO) will offer recommendations to the FBI Director regarding the disposition of all FONSIs and RODs; oversee the FBI NEPA Program; ensure that NEPA reviews are initiated as early as possible in the project planning process; ensure that decisions are made in accordance with the general policies and purposes of NEPA; and use his or her best efforts to ensure that sufficient funds are available to perform NEPA management-related planning, actions, and reporting. These responsibilities may be delegated to the Program Deputy Bureau DESHO. (c) The Program Deputy Bureau DESHO will designate and assign duties to the FBI NEPA Program Manager; ensure that the FBI NEPA Program is coordinated with other environmental policies and directives; review the FBI NEPA Program metrics; and exercise additional authority as delegated by the Environmental Executive/Bureau DESHO. (d) The FBI NEPA Program Manager will serve as the FBI’s primary, centralized NEPA contact; provide for overall development, implementation, coordination, administration, and quality assurance measures associated with the FBI NEPA Program; advise FBI employees on NEPA matters; establish and ensure implementation of FBI-wide NEPA policy, guidance, and training; and review NEPA documentation. (e) The Deputy Bureau DESHOs are heads of the FBI branches, divisions, or offices reporting directly to the FBI VerDate Sep<11>2014 16:07 Apr 08, 2019 Jkt 247001 Deputy Director or Associate Deputy Director who, within their span of control, will ensure the NEPA Program is properly implemented and managed; use their best efforts to ensure that sufficient funds within their branches, divisions, and offices are available to perform NEPA management-related planning, actions, and reporting; and assign staff to fill NEPA roles as required. Regulatory Certifications Executive Order 12866 and 13563— Regulatory Review This regulation has been drafted and reviewed in accordance with Executive Order 12866, ‘‘Regulatory Planning and Review,’’ section 1(b), The Principles of Regulation, and in accordance with Executive Order 13563, ‘‘Improving Regulation and Regulatory Review,’’ section 1(b), General Principles of Regulation. The FBI has determined that this rule is not a ‘‘significant regulatory action’’ under Executive Order 12866, section 3(f), and accordingly, this rule has not been reviewed by the Office of Management and Budget. In addition, because this rule is not ‘‘significant,’’ under Executive Order 12866, it is not subject to the requirements of Executive Order 13771, which requires agencies to eliminate two regulations for each new one adopted. Both Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. DOJ has assessed the costs and benefits associated with implementation of this rule and believes that the regulatory approach selected maximizes net benefits by better enabling the FBI to comply with NEPA. Further benefits associated with implementation of this rule are a streamlined approach to performing NEPA reviews, which is expected to lead to a reduction in delay and excessive paperwork; enhanced environmental awareness; collaborative and participatory public involvement; clear compliance guidelines resulting in reduced liability risk; and enhanced cost savings arising from fewer requirements to prepare Environmental Assessments (EAs) where projects are PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 covered by categorical exclusions (CATEXs). The FBI contracts out, on average, 20 EAs annually for actions that would be covered by the CATEXs instated by the rule. The average contracting costs associated with development of each of these EAs is approximately $50,000. Therefore, the rule would result in an annual cost savings of approximately $1,000,000 in contract payouts. The FBI anticipates that its own staffing costs with regard to NEPA compliance will remain roughly the same upon adoption of the new rule, as FBI personnel will still be involved in reviewing projects and developing/implementing a NEPA compliance strategy for each one. The exact impact of the rule on staffing and funding requirements cannot be calculated due to uncertainty about the number of future projects and the level at which environmental review will occur (CATEX, EA, or Environmental Impact Statement (EIS)). However, as discussed in the preceding paragraphs, the FBI estimates a net annual cost savings of up to $1,000,000. Executive Order 13132—Federalism This regulation will not have a substantial, direct effect on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. In accordance with Executive Order 13132, this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Regulatory Flexibility Act DOJ, in accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), has reviewed this regulation and, by approving it, certifies that this regulation will not have a substantial economic impact on a substantial number of small entities. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not substantially or uniquely affect small governments. Therefore, no action was deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 804). This E:\FR\FM\09APR1.SGM 09APR1 Federal Register / Vol. 84, No. 68 / Tuesday, April 9, 2019 / Rules and Regulations rule will not result in an annual effect on the economy of $100 million or more, a major increase in costs or prices, or have substantial adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreignbased enterprises in domestic and export markets. amozie on DSK9F9SC42PROD with RULES Paperwork Reduction Act of 1995 The collection of information contained in this notice of rulemaking will be submitted to the Office of Management and Budget for review in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.). The FBI regulations are intended to promote reduction of paperwork by providing guidelines for development of streamlined and focused NEPA documents and to reduce delay by integrating the NEPA process in the early stages of planning. They are also intended to promote transparency by ensuring that NEPA documents are written in plain language and follow a clear format so that they are easily comprehensible by the public and all parties involved in implementation of the proposed action. A CATEX is a category of actions which, barring extraordinary circumstances, does not individually or cumulatively have a significant effect on the quality of the human environment and for which neither an EA nor an EIS is required. Using CATEXs for such activities reduces unnecessary paperwork and delay. The estimated average document length is 15 pages for an EA and 150 pages for an EIS. EAs, EISs, and their associated administrative records must be retained for at least six years after signature of the NEPA decision document. By contrast, a CATEX requires either no documentation or very brief documentation (records of environmental consideration documenting CATEXs are typically only a few pages long). The estimated total annual NEPA documentation burden associated with this rulemaking is unknown at this time because of the uncertainty of the number of projects that will require various levels of NEPA review. National Environmental Policy Act The Council on Environmental Quality regulations do not direct agencies to prepare a NEPA analysis or document before establishing agency procedures (such as this regulation) that supplement the CEQ regulations for implementing NEPA. Agencies are required to adopt NEPA procedures that VerDate Sep<11>2014 16:07 Apr 08, 2019 Jkt 247001 establish specific criteria for, and identification of, three classes of actions: Those that normally require preparation of an environmental impact statement; those that normally require preparation of an environmental assessment; and those that are categorically excluded from further NEPA review (40 CFR 1507.3(b)). Categorical exclusions are one part of those agency procedures, and therefore establishing categorical exclusions does not require preparation of a NEPA analysis or document. Agency NEPA procedures are procedural guidance to assist agencies in the fulfillment of agency responsibilities under NEPA, but are not the agency’s final determination of what level of NEPA analysis is required for a particular proposed action. The requirements for establishing agency NEPA procedures are set forth at 40 CFR 1505.1 and 1507.3. The determination that establishing categorical exclusions does not require NEPA analysis and documentation has been upheld in Heartwood, Inc. v. United States Forest Service, 73 F. Supp. 2d 962, 972–73 (S.D. Ill. 1999), aff’d, 230 F.3d 947, 954– 55 (7th Cir. 2000). List of Subjects in 28 CFR Part 61 Environmental protection; Environmental impact statements. Authority and Issuance Accordingly, part 61 of title 28 of the Code of Federal Regulations is amended as follows: PART 61—PROCEDURES FOR IMPLEMENTING THE NATIONAL ENVIRONMENTAL POLICY ACT 1. The authority citation for part 61 continues to read as follows: ■ Authority: 28 U.S.C. 509, 510; 5 U.S.C. 301; Executive Order 11991. 2. Add Appendix F to part 61 to read as follows: ■ Appendix F to Part 61—Federal Bureau of Investigation Procedures Relating to the Implementation of the National Environmental Policy Act 1. Authority These procedures are issued pursuant to the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321, et seq., regulations of the Council on Environmental Quality (CEQ), 40 CFR part 1500, regulations of the Department of Justice (DOJ), 28 CFR part 61, the Environmental Quality Improvement Act of 1970, as amended, 42 U.S.C. 4371, et seq., and Executive Order 11514, ‘‘Protection and Enhancement of Environmental Quality,’’ March 5, 1970, as amended by Executive Order 11991, May 24, 1977. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 14013 2. Purpose The Federal Bureau of Investigation (FBI) NEPA Program has been established to assist the FBI in integrating environmental considerations into the FBI’s mission and activities. The FBI NEPA regulations have been developed to supplement CEQ and DOJ NEPA regulations by outlining internal FBI policy and procedures. Through these provisions, the FBI shall promote compliance with NEPA and CEQ’s implementing regulations, encourage environmental sustainability by integrating environmental considerations into mission and planning activities, and ensure that environmental analyses reflect consideration of nonregulatory requirements included in Federal orders, directives, and policy guidance. 3. Agency Description The FBI is an intelligence-driven national security and law enforcement component within DOJ. The FBI’s mission is to protect and defend the United States against terrorist and foreign intelligence threats, to uphold and enforce the criminal laws of the United States, and to provide leadership and criminal justice services to Federal, state, municipal, and international agencies and partners. General types of FBI actions include: (a) Operational activities, including the detection, investigation, and prosecution of crimes against the United States and the collection of intelligence. (b) Training activities, including the training of Federal, state, local, and foreign law enforcement personnel. (c) Real estate activities, including acquisitions and transfers of land and facilities and leasing. (d) Construction, including new construction, renovations, repair, and demolition of facilities, infrastructure, utilities systems, and other systems. (e) Property maintenance and management activities, including maintenance of facilities, equipment, and grounds and management of natural resources. (f) Administrative and regulatory activities, including personnel management, procurement of goods and services, and preparation of regulations and policy guidance. 4. NEPA Documentation and Decision Making The FBI will use the NEPA process as a tool to ensure an interdisciplinary review of its actions and to ensure that impacts of those actions on the quality of the human environment are given appropriate consideration in FBI decisions; to identify and assess reasonable alternatives to its actions; and to facilitate early and open communication, when practicable, with the public and other agencies and organizations. (a) Level of NEPA Analysis. The level of NEPA analysis will depend on the context and intensity of the environmental impacts associated with the proposed action. Environmental Assessments (EAs) and Environmental Impact Statements (EISs) should include a range of reasonable alternatives, as well as other alternatives that are eliminated from detailed study with a E:\FR\FM\09APR1.SGM 09APR1 14014 Federal Register / Vol. 84, No. 68 / Tuesday, April 9, 2019 / Rules and Regulations amozie on DSK9F9SC42PROD with RULES brief discussion of the reasons for eliminating them. If there are no reasonable alternatives, the EA or EIS must explain why no reasonable alternative exists. The decision maker must consider all the alternatives discussed in the EA or EIS. The decision maker may choose an alternative that is not expressly described in a draft EA or EIS, provided it is qualitatively within the spectrum of alternatives that were discussed in the draft. (b) Responsibility for NEPA Analysis. (1) The FBI’s responsibility for NEPA review of actions shall be determined on a case-by-case basis depending on the extent to which the entire project is within the FBI’s jurisdiction and on other factors. For example, factors relevant to whether construction of a facility is within FBI’s jurisdiction include the following: The extent of FBI control and funding in the construction or use of the facility, whether the facility is being built solely for FBI requirements, and whether the project would proceed without FBI action. (2) The extent of the FBI’s responsibility for NEPA review of joint Federal actions, where the FBI and another Federal agency are cooperating on a project, shall be determined on a case-by-case basis depending on which agency is designated as the lead agency and which is the cooperating agency. (3) In cases where FBI actions are a component of a larger project involving a private action or an action by a local or state government, the FBI’s proposed action analyzed in the NEPA document shall include only the portions of the project over which the FBI has sufficient control and responsibility to warrant Federal review. However, the cumulative impacts analysis shall account for past, present, and reasonably foreseeable future activities affecting the same natural resources as the FBI project. When actions are planned by private or other non-Federal entities, the FBI shall provide the potential applicant reasonably foreseeable requirements for studies or other information for subsequent FBI action. In addition, the FBI shall consult early with appropriate state and local agencies, tribal entities, interested private persons, and organizations when its own involvement is reasonably foreseeable. (4) Whenever appropriate and practicable, the FBI shall incorporate by reference and rely upon the environmental analyses and reviews of other Federal, tribal, state, and local agencies. 5. Categorical Exclusions (a) Categorical Exclusion (CATEX) Criteria (40 CFR 1508.4). A CATEX is a category of actions which, barring extraordinary circumstances, does not individually or cumulatively have a significant effect on the quality of the human environment and for which neither an EA nor an EIS is required. Using CATEXs for such activities reduces unnecessary paperwork and delay. Such activities are not excluded from compliance with other applicable Federal, state, or local environmental laws. To qualify for a CATEX, an action must meet all of the following criteria: (1) The proposed action fits entirely within one or more of the CATEXs; VerDate Sep<11>2014 16:07 Apr 08, 2019 Jkt 247001 (2) The proposed action has not been segmented and is not a piece of a larger action. For purposes of NEPA, actions must be considered in the same review if it is reasonably foreseeable that the actions are connected (e.g., where one action depends on another). (3) No extraordinary circumstances exist that would cause the normally excluded proposed action to have significant environmental effects. Extraordinary circumstances are assumed to exist when the proposed action is likely to involve any of the following circumstances: (i) An adverse effect on public health or safety; (ii) An adverse effect on federally listed endangered or threatened species, marine mammals, or critical habitat; (iii) An adverse effect on archaeological resources or resources listed or determined to be eligible for listing in the National Register of Historic Places; (iv) An adverse effect on an environmentally sensitive area, including floodplains, wetlands, streams, critical migration corridors, and wildlife refuges; (v) A material violation of a Federal, state, or local environmental law by the FBI; (vi) An effect on the quality of the human or natural environment that is likely to be highly scientifically controversial or uncertain, or likely to involve unique or unknown environmental risks; (vii) Establishment of precedents or decisions in principle for future actions that have the potential for significant impacts (e.g., master plans, Integrated Natural Resource Management Plans, Integrated Cultural Resource Management Plans); (viii) Significantly greater scope or size than normally experienced for a particular category of action; (ix) Potential for substantial degradation of already existing poor environmental conditions. Also, initiation of a potentially substantial environmental degrading influence, activity, or effect in areas not already substantially modified; or (x) A connection to other actions with individually insignificant, but cumulatively significant, impacts. (b) Documentation of CATEX usage. As noted in paragraph (c) below, certain FBI actions qualifying for a CATEX have been predetermined to have a low risk of extraordinary circumstances and, as such, have been designated as not requiring preparation of a Record of Environmental Consideration (REC) Determination Form. A REC Determination Form must be prepared for all other FBI actions subject to NEPA review. The REC Determination Form shall determine if the proposed action falls within a category of actions that has been excluded from further NEPA review or if the action will require further analysis through an EA or EIS. The REC Determination Form shall also identify any extraordinary circumstances that require the FBI to perform an EA or an EIS for an action that would otherwise qualify for a CATEX. (c) List of No REC Determination Form Required (NR) FBI CATEXs. (NR1) Reductions, realignments, or relocation of personnel, equipment, or mobile assets that PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 does not result in changing the use of the space in such a way that could cause environmental effects or exceed the infrastructure capacity outside of FBImanaged property. An example of exceeding the infrastructure capacity would be an increase in vehicular traffic beyond the capacity of the supporting road network to accommodate such an increase. (NR2) Personnel, fiscal, management, and administrative activities, including recruiting, processing, paying, contract administration, recordkeeping, budgeting, personnel actions, and travel. (NR3) Decisions to close facilities, decommission equipment, or temporarily discontinue use of facilities or equipment, where the facility or equipment is not used to prevent or control environmental impacts. This requirement excludes demolition actions. (NR4) Preparation of policies, procedures, manuals, and other guidance documents for which the environmental effects are too broad, speculative, or conjectural to lend themselves to meaningful analysis and for which the applicability of the NEPA process will be evaluated upon implementation, either collectively or case by case. (NR5) Grants of licenses, easements, or similar arrangements for use by vehicles (not to include substantial increases in the number of vehicles loaded); electrical, telephone, and other transmission and communication lines; and pipelines, pumping stations, and facilities for water, wastewater, stormwater, and irrigation; and for similar utility and transportation uses. Construction or acquisition of new facilities is not included. (NR6) Acquisition, installation, operation, and maintenance of temporary equipment, devices, or controls necessary to mitigate effects of the FBI’s missions on health and the environment. This CATEX is not intended to cover facility construction or related activities. Examples include: (i) Temporary sediment and erosion control measures required to meet applicable Federal, tribal, state, or local requirements; (ii) Installation of temporary diversion fencing to prevent earth disturbances within sensitive areas during construction activities; and (iii) Installation of temporary markers to delineate limits of earth disturbances in forested areas to prevent unnecessary tree removal. (NR7) Routine flying operations and infrequent, temporary (fewer than 30 days) increases in aircraft operations up to 50 percent of the typical FBI aircraft operation rate. (NR8) Proposed new activities and operations to be conducted in an existing structure that would be consistent with previously established safety levels and would not result in a change in use of the facility. Examples include new types of research, development, testing, and evaluation activities, and laboratory operations conducted within existing enclosed facilities designed to support research and development activities. (NR9) Conducting audits and surveys; data collection; data analysis; and processing, E:\FR\FM\09APR1.SGM 09APR1 amozie on DSK9F9SC42PROD with RULES Federal Register / Vol. 84, No. 68 / Tuesday, April 9, 2019 / Rules and Regulations permitting, information dissemination, review, interpretation, and development of documents. If any of these activities results in proposals for further action, those proposals must be covered by an appropriate CATEX or other NEPA analysis. Examples include: (i) Document mailings, publication, and distribution, training and information programs, historical and cultural demonstrations, and public affairs actions; (ii) Studies, reports, proposals, analyses, literature reviews, computer modeling, and intelligence gathering and sharing; (iii) Activities designed to support improvement or upgrade management of natural resources, such as surveys for threatened and endangered species or cultural resources; wetland delineations; and minimal water, air, waste, and soil sampling; (iv) Minimally intrusive geological, geophysical, and geo-technical activities, including mapping and engineering surveys; (v) Conducting facility audits, Environmental Site Assessments, and environmental baseline surveys; and (vi) Vulnerability, risk, and structural integrity assessments of infrastructure. (NR10) Routine procurement, use, storage, and disposal of non-hazardous goods and services in support of administrative, operational, or maintenance activities in accordance with executive orders and Federal procurement guidelines. Examples include: (i) Office supplies and furniture; (ii) Equipment; (iii) Mobile assets (i.e., vehicles, vessels, aircraft); (iv) Utility services; and (v) Deployable emergency response supplies and equipment. (NR11) Routine use of hazardous materials (to include procurement, transportation, distribution, and storage of such materials) and reuse, recycling, and disposal of solid, medical, radiological, or hazardous waste in a manner that is consistent with all applicable laws, regulations, and policies. Examples include: (i) Use of chemicals and low-level radionuclides for laboratory applications; (ii) Refueling of storage tanks; (iii) Appropriate treatment and disposal of medical waste; (iv) Temporary storage and disposal of solid waste; (v) Disposal of radiological waste through manufacturer return and recycling programs; and (vi) Hazardous waste minimization activities. (NR12) Acquisition, installation, maintenance, operation, or evaluation of security equipment to screen for or detect dangerous or illegal individuals or materials at existing facilities or to enhance the physical security of existing critical assets. Examples include: (i) Low-level x-ray devices; (ii) Cameras and biometric devices; (iii) Passive inspection devices; (iv) Detection or security systems for explosive, biological, or chemical substances; (v) Access controls, screening devices, and traffic management systems; VerDate Sep<11>2014 16:07 Apr 08, 2019 Jkt 247001 (vi) Motion detection systems; (vii) Impact-resistant doors and gates; (viii) Diver and swimmer detection systems, except sonar; and (ix) Blast and shock impact-resistant systems for land-based and waterfront facilities. (NR13) Maintenance of facilities, equipment, and grounds. Examples include interior utility work, road maintenance, window washing, lawn mowing, trash collecting, facility cleaning, and snow removal. (NR14) Recreation and welfare activities (e.g., picnics and Family Day). (NR15) Training FBI personnel or persons external to the FBI using existing facilities and where the training occurs in accordance with applicable permitting requirements and other requirements for the protection of the environment. This exclusion does not apply to training that involves the use of live chemical, biological, radiological, or explosive agents, except when conducted at a location designed and constructed to accommodate those materials and their associated hazards. Examples include: (i) Administrative or classroom training; (ii) Tactical training, including training in explosives and incendiary devices, arson investigation and firefighting, and emergency preparedness and response; (iii) Chemical, biological, explosive, or hazardous material handling training; (iv) Vehicle, aircraft, and small boat operation training; (v) Small arms and less-than-lethal weapons training; (vi) Security specialties and terrorist response training; (vii) Crowd control training, including gas range training; (viii) Enforcement response, self-defense, and interdiction techniques training; and (ix) Fingerprinting and drug analysis training. (NR16) Projects, grants, cooperative agreements, contracts, or activities to design, develop, and conduct national, state, local, or international exercises to test the readiness of the nation to prevent or respond to a terrorist attack or a natural or manmade disaster, where the activity in question is conducted in accordance with existing facility or land use designations. This exclusion does not apply to exercises that involve the use of live chemical, biological, radiological, nuclear, or explosive agents/devices (other than small devices such as practice grenades or flash bang devices used to simulate an attack during exercises), unless these exercises are conducted under the auspices of existing plans or permits that have undergone NEPA review. (d) List of REC Determination Form Required (R) FBI CATEXs. (R1) Reductions, realignments, or relocation of personnel, equipment, or mobile assets that results in changing the use of the space in such a way that could cause changes to environmental effects, but does not result in exceeding the infrastructure capacity outside of FBImanaged property. An example of exceeding the infrastructure capacity would be an increase in vehicular traffic beyond the capacity of the supporting road network to accommodate such an increase. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 14015 (R2) Acquisition or use of space within an existing structure, by purchase, lease, or use agreement. This requirement includes structures that are in the process of construction or were recently constructed, regardless of whether the existing structure was built to satisfy an FBI requirement and the proposed FBI use would not exceed the carrying capacity of the utilities and infrastructure for the use and access to the space. This requirement also includes associated relocation of personnel, equipment, or assets into the acquired space. (R3) Transfer of administrative control over real property, including related personal property, between another Federal agency and the FBI that does not result in a change in the functional use of the property. (R4) New construction (e.g., facilities, roads, parking areas, trails, solar panels, and wind turbines) or improvement of land where all of the following conditions are met: (i) The site is in a developed or a previously disturbed area; (ii) The proposed use will not substantially increase the number of motor vehicles at the facility or in the area; (iii) The construction or improvement will not result in exceeding the infrastructure capacity outside of FBI-managed property (e.g., roads, sewer, water, and parking); (iv) The site and scale of construction or improvement are consistent with those of existing, adjacent, or nearby buildings; and (v) The structure and proposed use are compatible with applicable Federal, tribal, state, and local planning and zoning standards and consistent with federally approved state coastal management programs. (R5) Renovation, addition, repair, alteration, and demolition projects affecting buildings, roads, airfields, grounds, equipment, and other facilities, including subsequent disposal of debris, which may be contaminated with hazardous materials such as polychlorinated biphenyls (PCBs), lead, or asbestos. Hazardous materials shall be disposed of at approved sites in accordance with Federal, state, and local regulations. Examples include the following: (i) Realigning interior spaces of an existing building; (ii) Adding a small storage shed to an existing building; (iii) Retrofitting for energy conservation, including weatherization, installation of timers on hot water heaters, installation of energy efficient lighting, installation of lowflow plumbing fixtures, and installation of drip-irrigation systems; (iv) Installing a small antenna on an already existing antenna tower that does not cause the total height to exceed 200 feet and where the FCC’s NEPA procedures allow for application of a CATEX; or (v) Closing and demolishing a building not eligible for listing under the National Register of Historic Places. (R6) Acquisition, installation, reconstruction, repair by replacement, and operation of utility (e.g., water, sewer, electrical), communication (e.g., data processing cable and similar electronic equipment), and security systems that use existing rights-of-way, easements, distribution systems, or facilities. E:\FR\FM\09APR1.SGM 09APR1 14016 Federal Register / Vol. 84, No. 68 / Tuesday, April 9, 2019 / Rules and Regulations amozie on DSK9F9SC42PROD with RULES (R7) Acquisition, installation, operation, and maintenance of permanent equipment, devices, and/or controls necessary to mitigate effects of the FBI’s missions on health and the environment. This CATEX is not intended to cover facility construction or related activities. Examples include: (i) Pollution prevention and pollution control equipment required to meet applicable Federal, tribal, state, or local requirements; (ii) Installation of fencing, including security fencing, that would not have the potential to significantly impede wildlife population movement (including migration) or surface water flow; (iii) Installation and operation of lighting devices; (iv) Noise abatement measures, including construction of noise barriers, installation of noise control materials, or planting native trees or native vegetation for use as a noise abatement measure; and (v) Devices to protect human or animal life, such as raptor electrocution prevention devices, and fencing and grating to prevent accidental entry to hazardous or restricted areas. (R8) Non-routine procurement, use, storage, and disposal of non-hazardous goods and services in support of administrative, operational, or maintenance activities in accordance with executive orders and Federal procurement guidelines. (R9) Use of hazardous materials (to include procurement, transportation, distribution, and storage of such materials) and reuse, recycling, and disposal of solid, medical, radiological, or hazardous waste in a manner that is consistent with all applicable laws, regulations, and policies, but uncharacteristic of routine FBI use, reuse, recycling, and disposal of hazardous materials and waste. Examples include: (i) Procurement of a new type of chemical or procurement of a larger quantity of a particular chemical than generally used by the FBI; and (ii) Disposal of items that contain PCBs (e.g., carpets, lighting, caulk). (R10) Herbicide application and pest management, including registered pesticide application, in accordance with Federal, state, and local regulations. (R11) Natural resource management activities on FBI-managed property to aid in the maintenance or restoration of native flora and fauna, including site preparation and control of non-indigenous species, excluding the application of herbicides. 6. Environmental Assessment An EA is a concise public document for actions that do not meet the requirements for applying a CATEX, but for which it is unclear whether an EIS is required. An EA briefly provides evidence and analysis for determining whether to prepare an EIS or a Finding of No Significant Impact (FONSI), and facilitates preparation of an EIS when one is required. The requirements and contents of an EA are described in 40 CFR 1508.9. Significance of impacts shall be determined based on the criteria outlined in 40 CFR 1508.27. The FBI will comment on other agencies’ EAs when relevant to the VerDate Sep<11>2014 16:07 Apr 08, 2019 Jkt 247001 FBI’s mission, or where the FBI has jurisdiction by law or relevant special expertise. (a) Examples of types of FBI actions that typically require an EA include the following: (1) Long-term plans for FBI-managed properties and facilities. (2) Proposed construction, land use, activity, or operation where it is uncertain whether the action will significantly affect environmentally sensitive areas. (3) New activities for which the impacts are not known with certainty, but where the impacts are not expected to cause significant environmental degradation. response to a finding of significant impact following preparation of an EA, the EIS scoping process shall incorporate the results of the EA development process. 7. Environmental Impact Statement An EIS is a detailed, written statement Federal agencies must prepare for major Federal actions that will significantly affect the quality of the human environment, or when an EA concludes that the significance threshold of the impacts associated with a proposed action would be crossed. An EIS describes effects of the proposed action and any reasonable alternatives. A Notice of Intent (NOI) is published in the Federal Register as soon as practicable after a decision to prepare an EIS is made. The FBI may prepare an EIS without prior preparation of an EA. The format and content of an EIS are described in 40 CFR part 1502. (a) A Record of Decision (ROD) is prepared at the time a decision is made regarding a proposal that is analyzed and documented in an EIS. The ROD will state the decision, discuss the alternatives considered, and state whether all practicable means to avoid or minimize environmental harms have been adopted or, if not, why they were not adopted. Where applicable, the ROD will also describe and adopt a monitoring and enforcement plan for any mitigation. The FBI will comment on other agencies’ EISs when relevant to the FBI’s mission, or where the FBI has jurisdiction by law or relevant special expertise. (b) Examples of types of actions that typically require an EIS include the following: (1) Proposed major construction or construction of facilities that would have a significant effect on wetlands, coastal zones, or other environmentally sensitive areas. (2) Change in area, scope, type, and/or frequency of operations or training that will result in significant environmental effects. (3) Actions where the effects of a project or operation on the human environment are likely to be highly scientifically uncertain, but are perceived to have potential for significant impacts. 10. Mitigation (a) Mitigation measures, such as those described in 40 CFR 1508.20, may be used to offset environmental impacts associated with implementation of an action. If a FONSI or ROD is based on mitigation measures, all mitigation measures stipulated in the EA or EIS must be implemented as described in the FONSI or ROD. (b) Mitigation measures, where applicable, must be included as conditions in grants, permits, and relevant contract documents. Funding of actions shall be contingent on performance of mitigation measures, where such measures are identified in a FONSI or ROD. If mitigation is required, a mitigation monitoring plan shall be developed prior to the initiation of the proposed action. To the extent practicable, the FBI shall make available the progress or results of monitoring upon request by the public or cooperating/commenting agencies. 8. Scoping Scoping may be used for all NEPA documents in order to streamline the NEPA process by identifying significant issues and narrowing the scope of the environmental review process. The FBI may seek agencies with specialized expertise or authority in environmental planning requirements that may be beneficial to FBI mission planning and encourage such agencies to be cooperating agencies (40 CFR 1501.6, 1508.5). In cases where an EIS is prepared in PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 9. Public Involvement The FBI may use such means as newspaper announcements, electronic media, and public hearings to disseminate information to potentially interested or affected parties about NEPA actions, as appropriate. When preparing an EIS, and in certain cases an EA, the FBI shall invite comment from affected Federal, tribal, state, and local agencies, and other interested persons in accordance with 40 CFR part 1503. 11. Programmatic, Tiered, and Supplemental NEPA Documents (a) Programmatic EAs or EISs may be prepared to cover broad actions, such as programs or plans (e.g., Master Plan EA). (b) Tiered EAs or EISs may be prepared to cover narrower actions that are a component to previously prepared Programmatic EAs or EISs as described in 40 CFR 1508.28. (c) Supplemental EAs or EISs shall be prepared when the FBI makes substantial changes to the proposed action that are relevant to environmental concerns; when there are significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts (e.g., new study has revealed rare, threatened, and endangered species in the project vicinity); or when the FBI determines that the purposes of NEPA will be furthered by doing so. (1) Supplemental EAs may either be prepared by tracking changes in the original EA or by preparing a separate document that only discusses the changes in the project scope and/or new information and the associated changes with regard to impacts. The process concludes with a decision regarding whether to issue a revised FONSI (using one of the methods listed in section 9 of these procedures) or a decision to prepare an EIS. (2) Supplemental EISs are prepared in the same way as an EIS. If, however, a supplemental EIS is prepared within one year of filing the ROD for the original EIS, no new scoping process is required. The process E:\FR\FM\09APR1.SGM 09APR1 Federal Register / Vol. 84, No. 68 / Tuesday, April 9, 2019 / Rules and Regulations concludes with a decision regarding whether to issue a revised ROD. 361–939–5125, email Kevin.L.Kyles@ uscg.mil. Dated: April 3, 2019. Rod J. Rosenstein, Deputy Attorney General. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations Coast Guard CFR Code of Federal Regulations COTP Captain of the Port Sector Corpus Christi DHS Department of Homeland Security FR Federal Register LNGC Liquefied Natural Gas Carrier NPRM Notice of proposed rulemaking § Section U.S.C. United States Code 33 CFR Part 165 II. Background Information and Regulatory History [FR Doc. 2019–06970 Filed 4–8–19; 8:45 am] BILLING CODE 4410–02–P DEPARTMENT OF HOMELAND SECURITY [Docket Number USCG–2019–0217] RIN 1625–AA87 Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard establishes two security zones. One of the zones is a temporary fixed security zone for the receiving facility’s mooring basin while the Liquefied Natural Gas Carrier (LNGC) CADIZ KNUTSEN is moored at the facility. The other zone is a moving security zone encompassing all navigable waters within a 500-yard radius around the LNGC CADIZ KNUTSEN while the vessel transits with cargo in the La Quinta Channel and Corpus Christi Ship Channel in Corpus Christi, TX. The security zones are needed to protect the vessel and its Liquified Natural Gas (LNG) cargo from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other potential causes. Entry of vessels and persons into these zones is prohibited unless specifically authorized by the Captain of the Port Sector Corpus Christi or a designated representative. SUMMARY: This rule is effective without actual notice from April 9, 2019 until April 10, 2019. For the purposes of enforcement, actual notice will be used from April 3, 2019 until April 9, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2019– 0217 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Petty Officer Kevin Kyles, Sector Corpus Christi Waterways Management Division, U.S. Coast Guard; telephone amozie on DSK9F9SC42PROD with RULES DATES: VerDate Sep<11>2014 16:07 Apr 08, 2019 Jkt 247001 The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. We must establish these security zones by April 3, 2019 and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to the public interest because immediate action is needed to provide for the security of the vessel. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034. The Captain of the Port Sector Corpus Christi (COTP) has determined that potential hazards associated with Liquefied Natural Gas Carrier (LNGC) CADIZ KNUTSEN between April 3, 2019 and April 10, 2019 will be a security concern while the vessel is moored at the receiving facility and within a 500-yard radius of the vessel while the vessel transits with cargo. IV. Discussion of the Rule This rule establishes two security zones around LNGC CADIZ KNUTSEN from April 3, 2019 through April 10, 2019. A fixed security zone will be in effect in the mooring basin bound by 27°52′53.38″ N, 097°16′20.66″ W on the PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 14017 northern shoreline; thence to 27°52′45.58″ N, 097°16′19.60″ W; thence to 27°52′38.55″ N, 097°15′45.56″ W; thence to 27°52′49.30″ N, 097°15′45.44″ W; thence west along the shoreline to 27°52′53.38″ N, 097°16′20.66″ W, while LNGC CADIZ KNUTSEN is moored. A moving security zone will cover all navigable waters within a 500-yard radius of the LNGC CADIZ KNUTSEN while the vessel transits outbound with cargo through the La Quinta Channel and Corpus Christi Ship Channel. Entry into these security zones is prohibited unless authorized by the COTP or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Corpus Christi. Persons and vessels desiring to enter or pass through the zones must request permission from the COTP or a designated representative on VHF–FM channel 16 or by telephone at 361–939–0450. If permission is granted, all persons and vessels shall comply with the instructions of the COTP or designated representative. The COTP or a designated representative will inform the public through Broadcast Notices to Mariners (BNMs) of the enforcement times and dates for these security zones. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, duration, and location of the security zone. This rule will impact a small designated area of the Corpus Christi Ship Channel and La Quinta Channel, where the vessel traffic is usually low, for only 8 days, while the vessel is moored at the receiving E:\FR\FM\09APR1.SGM 09APR1

Agencies

[Federal Register Volume 84, Number 68 (Tuesday, April 9, 2019)]
[Rules and Regulations]
[Pages 14011-14017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06970]


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DEPARTMENT OF JUSTICE

Federal Bureau of Investigation

28 CFR Part 61

RIN 1110-AA32


Federal Bureau of Investigation's National Environmental Policy 
Act Regulations

AGENCY: Federal Bureau of Investigation, Department of Justice.

ACTION: Final rule.

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SUMMARY: The Department of Justice is promulgating regulations 
establishing the Federal Bureau of Investigation's (FBI's) National 
Environmental Policy Act (NEPA) procedures. These regulations establish 
a process for implementing NEPA, Executive Order 11514, Executive Order 
12114, and Council on Environmental Quality (CEQ) and Department of 
Justice (DOJ) regulations for implementing the procedural provisions of 
NEPA.

DATES: Effective date: May 9, 2019.

FOR FURTHER INFORMATION CONTACT: Catherine Shaw, FBI Occupational 
Safety and Environmental Programs (OSEP) Unit Chief; 935 Pennsylvania 
Avenue NW, Room WB-460, Washington, DC 20535; (202) 436-7500.

SUPPLEMENTARY INFORMATION: On May 24, 2016, the FBI published a Notice 
of Proposed Rulemaking (NPRM) setting forth the NEPA procedures that 
are the subject of this final rule. See 81 FR 32688 (2016). The NPRM 
provided for a comment period ending July 25, 2016. No comments were 
received.
    CEQ's NEPA implementing regulations contained in 40 CFR parts 1500-
1508 require each Federal agency to adopt procedures (40 CFR 1507.3) to 
ensure that decisions are made in accordance with the policies and 
purposes of NEPA (40 CFR 1505.1). DOJ has established such policies and 
procedures at 28 CFR part 61. The FBI NEPA regulations supplement DOJ's 
procedures to ensure that environmental considerations are fully 
integrated into the FBI's mission and activities.
    The FBI regulations are intended to promote reduction of paperwork 
by providing guidelines for development of streamlined and focused NEPA 
documents and to reduce delay by integrating the NEPA process in the 
early stages of planning. They are also intended to promote 
transparency by ensuring that NEPA documents are written in plain 
language and follow a clear format so that they are easily 
comprehensible by the public and all parties involved in implementation 
of the proposed action.

[[Page 14012]]

    The FBI NEPA regulations are not intended to serve as a 
comprehensive NEPA guide, but will serve as a framework for the FBI 
NEPA Program. The FBI plans to apply its NEPA regulations in 
conjunction with NEPA, the CEQ regulations (40 CFR parts 1500-1508), 
DOJ implementing regulations (28 CFR part 61), and all other applicable 
environmental regulations, executive orders, and statutes developed for 
the protection of the environment.
    The FBI will, as appropriate, keep the public informed of the FBI 
NEPA Program and NEPA actions and ensure that relevant environmental 
documents, comments, and responses accompany proposals through all 
levels of decision making (40 CFR 1505.1(d)). The FBI's NEPA Program 
will be implemented primarily by the following key persons within the 
FBI:
    (a) The FBI Director will maintain signature authority over all 
Findings of No Significant Impact (FONSIs) and Records of Decision 
(RODs).
    (b) The Environmental Executive/Bureau Designated Environmental, 
Safety and Health Official (DESHO) will offer recommendations to the 
FBI Director regarding the disposition of all FONSIs and RODs; oversee 
the FBI NEPA Program; ensure that NEPA reviews are initiated as early 
as possible in the project planning process; ensure that decisions are 
made in accordance with the general policies and purposes of NEPA; and 
use his or her best efforts to ensure that sufficient funds are 
available to perform NEPA management-related planning, actions, and 
reporting. These responsibilities may be delegated to the Program 
Deputy Bureau DESHO.
    (c) The Program Deputy Bureau DESHO will designate and assign 
duties to the FBI NEPA Program Manager; ensure that the FBI NEPA 
Program is coordinated with other environmental policies and 
directives; review the FBI NEPA Program metrics; and exercise 
additional authority as delegated by the Environmental Executive/Bureau 
DESHO.
    (d) The FBI NEPA Program Manager will serve as the FBI's primary, 
centralized NEPA contact; provide for overall development, 
implementation, coordination, administration, and quality assurance 
measures associated with the FBI NEPA Program; advise FBI employees on 
NEPA matters; establish and ensure implementation of FBI-wide NEPA 
policy, guidance, and training; and review NEPA documentation.
    (e) The Deputy Bureau DESHOs are heads of the FBI branches, 
divisions, or offices reporting directly to the FBI Deputy Director or 
Associate Deputy Director who, within their span of control, will 
ensure the NEPA Program is properly implemented and managed; use their 
best efforts to ensure that sufficient funds within their branches, 
divisions, and offices are available to perform NEPA management-related 
planning, actions, and reporting; and assign staff to fill NEPA roles 
as required.

Regulatory Certifications

Executive Order 12866 and 13563--Regulatory Review

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, ``Regulatory Planning and Review,'' section 
1(b), The Principles of Regulation, and in accordance with Executive 
Order 13563, ``Improving Regulation and Regulatory Review,'' section 
1(b), General Principles of Regulation.
    The FBI has determined that this rule is not a ``significant 
regulatory action'' under Executive Order 12866, section 3(f), and 
accordingly, this rule has not been reviewed by the Office of 
Management and Budget. In addition, because this rule is not 
``significant,'' under Executive Order 12866, it is not subject to the 
requirements of Executive Order 13771, which requires agencies to 
eliminate two regulations for each new one adopted.
    Both Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility.
    DOJ has assessed the costs and benefits associated with 
implementation of this rule and believes that the regulatory approach 
selected maximizes net benefits by better enabling the FBI to comply 
with NEPA. Further benefits associated with implementation of this rule 
are a streamlined approach to performing NEPA reviews, which is 
expected to lead to a reduction in delay and excessive paperwork; 
enhanced environmental awareness; collaborative and participatory 
public involvement; clear compliance guidelines resulting in reduced 
liability risk; and enhanced cost savings arising from fewer 
requirements to prepare Environmental Assessments (EAs) where projects 
are covered by categorical exclusions (CATEXs).
    The FBI contracts out, on average, 20 EAs annually for actions that 
would be covered by the CATEXs instated by the rule. The average 
contracting costs associated with development of each of these EAs is 
approximately $50,000. Therefore, the rule would result in an annual 
cost savings of approximately $1,000,000 in contract payouts. The FBI 
anticipates that its own staffing costs with regard to NEPA compliance 
will remain roughly the same upon adoption of the new rule, as FBI 
personnel will still be involved in reviewing projects and developing/
implementing a NEPA compliance strategy for each one.
    The exact impact of the rule on staffing and funding requirements 
cannot be calculated due to uncertainty about the number of future 
projects and the level at which environmental review will occur (CATEX, 
EA, or Environmental Impact Statement (EIS)). However, as discussed in 
the preceding paragraphs, the FBI estimates a net annual cost savings 
of up to $1,000,000.

Executive Order 13132--Federalism

    This regulation will not have a substantial, direct effect on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government. In accordance with Executive Order 13132, 
this rule does not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Regulatory Flexibility Act

    DOJ, in accordance with the Regulatory Flexibility Act, 5 U.S.C. 
605(b), has reviewed this regulation and, by approving it, certifies 
that this regulation will not have a substantial economic impact on a 
substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by state, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year, and it will not substantially or 
uniquely affect small governments. Therefore, no action was deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the 
Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 
804). This

[[Page 14013]]

rule will not result in an annual effect on the economy of $100 million 
or more, a major increase in costs or prices, or have substantial 
adverse effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based enterprises to 
compete with foreign-based enterprises in domestic and export markets.

Paperwork Reduction Act of 1995

    The collection of information contained in this notice of 
rulemaking will be submitted to the Office of Management and Budget for 
review in accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501, et seq.).
    The FBI regulations are intended to promote reduction of paperwork 
by providing guidelines for development of streamlined and focused NEPA 
documents and to reduce delay by integrating the NEPA process in the 
early stages of planning. They are also intended to promote 
transparency by ensuring that NEPA documents are written in plain 
language and follow a clear format so that they are easily 
comprehensible by the public and all parties involved in implementation 
of the proposed action. A CATEX is a category of actions which, barring 
extraordinary circumstances, does not individually or cumulatively have 
a significant effect on the quality of the human environment and for 
which neither an EA nor an EIS is required. Using CATEXs for such 
activities reduces unnecessary paperwork and delay. The estimated 
average document length is 15 pages for an EA and 150 pages for an EIS. 
EAs, EISs, and their associated administrative records must be retained 
for at least six years after signature of the NEPA decision document. 
By contrast, a CATEX requires either no documentation or very brief 
documentation (records of environmental consideration documenting 
CATEXs are typically only a few pages long). The estimated total annual 
NEPA documentation burden associated with this rulemaking is unknown at 
this time because of the uncertainty of the number of projects that 
will require various levels of NEPA review.

National Environmental Policy Act

    The Council on Environmental Quality regulations do not direct 
agencies to prepare a NEPA analysis or document before establishing 
agency procedures (such as this regulation) that supplement the CEQ 
regulations for implementing NEPA. Agencies are required to adopt NEPA 
procedures that establish specific criteria for, and identification of, 
three classes of actions: Those that normally require preparation of an 
environmental impact statement; those that normally require preparation 
of an environmental assessment; and those that are categorically 
excluded from further NEPA review (40 CFR 1507.3(b)). Categorical 
exclusions are one part of those agency procedures, and therefore 
establishing categorical exclusions does not require preparation of a 
NEPA analysis or document. Agency NEPA procedures are procedural 
guidance to assist agencies in the fulfillment of agency 
responsibilities under NEPA, but are not the agency's final 
determination of what level of NEPA analysis is required for a 
particular proposed action. The requirements for establishing agency 
NEPA procedures are set forth at 40 CFR 1505.1 and 1507.3. The 
determination that establishing categorical exclusions does not require 
NEPA analysis and documentation has been upheld in Heartwood, Inc. v. 
United States Forest Service, 73 F. Supp. 2d 962, 972-73 (S.D. Ill. 
1999), aff'd, 230 F.3d 947, 954-55 (7th Cir. 2000).

List of Subjects in 28 CFR Part 61

    Environmental protection; Environmental impact statements.

Authority and Issuance

    Accordingly, part 61 of title 28 of the Code of Federal Regulations 
is amended as follows:

PART 61--PROCEDURES FOR IMPLEMENTING THE NATIONAL ENVIRONMENTAL 
POLICY ACT

0
1. The authority citation for part 61 continues to read as follows:

    Authority: 28 U.S.C. 509, 510; 5 U.S.C. 301; Executive Order 
11991.


0
2. Add Appendix F to part 61 to read as follows:

Appendix F to Part 61--Federal Bureau of Investigation Procedures 
Relating to the Implementation of the National Environmental Policy Act

1. Authority

    These procedures are issued pursuant to the National 
Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321, et seq., 
regulations of the Council on Environmental Quality (CEQ), 40 CFR 
part 1500, regulations of the Department of Justice (DOJ), 28 CFR 
part 61, the Environmental Quality Improvement Act of 1970, as 
amended, 42 U.S.C. 4371, et seq., and Executive Order 11514, 
``Protection and Enhancement of Environmental Quality,'' March 5, 
1970, as amended by Executive Order 11991, May 24, 1977.

2. Purpose

    The Federal Bureau of Investigation (FBI) NEPA Program has been 
established to assist the FBI in integrating environmental 
considerations into the FBI's mission and activities. The FBI NEPA 
regulations have been developed to supplement CEQ and DOJ NEPA 
regulations by outlining internal FBI policy and procedures. Through 
these provisions, the FBI shall promote compliance with NEPA and 
CEQ's implementing regulations, encourage environmental 
sustainability by integrating environmental considerations into 
mission and planning activities, and ensure that environmental 
analyses reflect consideration of non-regulatory requirements 
included in Federal orders, directives, and policy guidance.

3. Agency Description

    The FBI is an intelligence-driven national security and law 
enforcement component within DOJ. The FBI's mission is to protect 
and defend the United States against terrorist and foreign 
intelligence threats, to uphold and enforce the criminal laws of the 
United States, and to provide leadership and criminal justice 
services to Federal, state, municipal, and international agencies 
and partners. General types of FBI actions include:
    (a) Operational activities, including the detection, 
investigation, and prosecution of crimes against the United States 
and the collection of intelligence.
    (b) Training activities, including the training of Federal, 
state, local, and foreign law enforcement personnel.
    (c) Real estate activities, including acquisitions and transfers 
of land and facilities and leasing.
    (d) Construction, including new construction, renovations, 
repair, and demolition of facilities, infrastructure, utilities 
systems, and other systems.
    (e) Property maintenance and management activities, including 
maintenance of facilities, equipment, and grounds and management of 
natural resources.
    (f) Administrative and regulatory activities, including 
personnel management, procurement of goods and services, and 
preparation of regulations and policy guidance.

4. NEPA Documentation and Decision Making

    The FBI will use the NEPA process as a tool to ensure an 
interdisciplinary review of its actions and to ensure that impacts 
of those actions on the quality of the human environment are given 
appropriate consideration in FBI decisions; to identify and assess 
reasonable alternatives to its actions; and to facilitate early and 
open communication, when practicable, with the public and other 
agencies and organizations.
    (a) Level of NEPA Analysis. The level of NEPA analysis will 
depend on the context and intensity of the environmental impacts 
associated with the proposed action. Environmental Assessments (EAs) 
and Environmental Impact Statements (EISs) should include a range of 
reasonable alternatives, as well as other alternatives that are 
eliminated from detailed study with a

[[Page 14014]]

brief discussion of the reasons for eliminating them. If there are 
no reasonable alternatives, the EA or EIS must explain why no 
reasonable alternative exists. The decision maker must consider all 
the alternatives discussed in the EA or EIS. The decision maker may 
choose an alternative that is not expressly described in a draft EA 
or EIS, provided it is qualitatively within the spectrum of 
alternatives that were discussed in the draft.
    (b) Responsibility for NEPA Analysis. (1) The FBI's 
responsibility for NEPA review of actions shall be determined on a 
case-by-case basis depending on the extent to which the entire 
project is within the FBI's jurisdiction and on other factors. For 
example, factors relevant to whether construction of a facility is 
within FBI's jurisdiction include the following: The extent of FBI 
control and funding in the construction or use of the facility, 
whether the facility is being built solely for FBI requirements, and 
whether the project would proceed without FBI action.
    (2) The extent of the FBI's responsibility for NEPA review of 
joint Federal actions, where the FBI and another Federal agency are 
cooperating on a project, shall be determined on a case-by-case 
basis depending on which agency is designated as the lead agency and 
which is the cooperating agency.
    (3) In cases where FBI actions are a component of a larger 
project involving a private action or an action by a local or state 
government, the FBI's proposed action analyzed in the NEPA document 
shall include only the portions of the project over which the FBI 
has sufficient control and responsibility to warrant Federal review. 
However, the cumulative impacts analysis shall account for past, 
present, and reasonably foreseeable future activities affecting the 
same natural resources as the FBI project. When actions are planned 
by private or other non-Federal entities, the FBI shall provide the 
potential applicant reasonably foreseeable requirements for studies 
or other information for subsequent FBI action. In addition, the FBI 
shall consult early with appropriate state and local agencies, 
tribal entities, interested private persons, and organizations when 
its own involvement is reasonably foreseeable.
    (4) Whenever appropriate and practicable, the FBI shall 
incorporate by reference and rely upon the environmental analyses 
and reviews of other Federal, tribal, state, and local agencies.

5. Categorical Exclusions

    (a) Categorical Exclusion (CATEX) Criteria (40 CFR 1508.4). A 
CATEX is a category of actions which, barring extraordinary 
circumstances, does not individually or cumulatively have a 
significant effect on the quality of the human environment and for 
which neither an EA nor an EIS is required. Using CATEXs for such 
activities reduces unnecessary paperwork and delay. Such activities 
are not excluded from compliance with other applicable Federal, 
state, or local environmental laws. To qualify for a CATEX, an 
action must meet all of the following criteria:
    (1) The proposed action fits entirely within one or more of the 
CATEXs;
    (2) The proposed action has not been segmented and is not a 
piece of a larger action. For purposes of NEPA, actions must be 
considered in the same review if it is reasonably foreseeable that 
the actions are connected (e.g., where one action depends on 
another).
    (3) No extraordinary circumstances exist that would cause the 
normally excluded proposed action to have significant environmental 
effects. Extraordinary circumstances are assumed to exist when the 
proposed action is likely to involve any of the following 
circumstances:
    (i) An adverse effect on public health or safety;
    (ii) An adverse effect on federally listed endangered or 
threatened species, marine mammals, or critical habitat;
    (iii) An adverse effect on archaeological resources or resources 
listed or determined to be eligible for listing in the National 
Register of Historic Places;
    (iv) An adverse effect on an environmentally sensitive area, 
including floodplains, wetlands, streams, critical migration 
corridors, and wildlife refuges;
    (v) A material violation of a Federal, state, or local 
environmental law by the FBI;
    (vi) An effect on the quality of the human or natural 
environment that is likely to be highly scientifically controversial 
or uncertain, or likely to involve unique or unknown environmental 
risks;
    (vii) Establishment of precedents or decisions in principle for 
future actions that have the potential for significant impacts 
(e.g., master plans, Integrated Natural Resource Management Plans, 
Integrated Cultural Resource Management Plans);
    (viii) Significantly greater scope or size than normally 
experienced for a particular category of action;
    (ix) Potential for substantial degradation of already existing 
poor environmental conditions. Also, initiation of a potentially 
substantial environmental degrading influence, activity, or effect 
in areas not already substantially modified; or
    (x) A connection to other actions with individually 
insignificant, but cumulatively significant, impacts.
    (b) Documentation of CATEX usage. As noted in paragraph (c) 
below, certain FBI actions qualifying for a CATEX have been 
predetermined to have a low risk of extraordinary circumstances and, 
as such, have been designated as not requiring preparation of a 
Record of Environmental Consideration (REC) Determination Form. A 
REC Determination Form must be prepared for all other FBI actions 
subject to NEPA review. The REC Determination Form shall determine 
if the proposed action falls within a category of actions that has 
been excluded from further NEPA review or if the action will require 
further analysis through an EA or EIS. The REC Determination Form 
shall also identify any extraordinary circumstances that require the 
FBI to perform an EA or an EIS for an action that would otherwise 
qualify for a CATEX.
    (c) List of No REC Determination Form Required (NR) FBI CATEXs. 
(NR1) Reductions, realignments, or relocation of personnel, 
equipment, or mobile assets that does not result in changing the use 
of the space in such a way that could cause environmental effects or 
exceed the infrastructure capacity outside of FBI-managed property. 
An example of exceeding the infrastructure capacity would be an 
increase in vehicular traffic beyond the capacity of the supporting 
road network to accommodate such an increase.
    (NR2) Personnel, fiscal, management, and administrative 
activities, including recruiting, processing, paying, contract 
administration, recordkeeping, budgeting, personnel actions, and 
travel.
    (NR3) Decisions to close facilities, decommission equipment, or 
temporarily discontinue use of facilities or equipment, where the 
facility or equipment is not used to prevent or control 
environmental impacts. This requirement excludes demolition actions.
    (NR4) Preparation of policies, procedures, manuals, and other 
guidance documents for which the environmental effects are too 
broad, speculative, or conjectural to lend themselves to meaningful 
analysis and for which the applicability of the NEPA process will be 
evaluated upon implementation, either collectively or case by case.
    (NR5) Grants of licenses, easements, or similar arrangements for 
use by vehicles (not to include substantial increases in the number 
of vehicles loaded); electrical, telephone, and other transmission 
and communication lines; and pipelines, pumping stations, and 
facilities for water, wastewater, stormwater, and irrigation; and 
for similar utility and transportation uses. Construction or 
acquisition of new facilities is not included.
    (NR6) Acquisition, installation, operation, and maintenance of 
temporary equipment, devices, or controls necessary to mitigate 
effects of the FBI's missions on health and the environment. This 
CATEX is not intended to cover facility construction or related 
activities. Examples include:
    (i) Temporary sediment and erosion control measures required to 
meet applicable Federal, tribal, state, or local requirements;
    (ii) Installation of temporary diversion fencing to prevent 
earth disturbances within sensitive areas during construction 
activities; and
    (iii) Installation of temporary markers to delineate limits of 
earth disturbances in forested areas to prevent unnecessary tree 
removal.
    (NR7) Routine flying operations and infrequent, temporary (fewer 
than 30 days) increases in aircraft operations up to 50 percent of 
the typical FBI aircraft operation rate.
    (NR8) Proposed new activities and operations to be conducted in 
an existing structure that would be consistent with previously 
established safety levels and would not result in a change in use of 
the facility. Examples include new types of research, development, 
testing, and evaluation activities, and laboratory operations 
conducted within existing enclosed facilities designed to support 
research and development activities.
    (NR9) Conducting audits and surveys; data collection; data 
analysis; and processing,

[[Page 14015]]

permitting, information dissemination, review, interpretation, and 
development of documents. If any of these activities results in 
proposals for further action, those proposals must be covered by an 
appropriate CATEX or other NEPA analysis. Examples include:
    (i) Document mailings, publication, and distribution, training 
and information programs, historical and cultural demonstrations, 
and public affairs actions;
    (ii) Studies, reports, proposals, analyses, literature reviews, 
computer modeling, and intelligence gathering and sharing;
    (iii) Activities designed to support improvement or upgrade 
management of natural resources, such as surveys for threatened and 
endangered species or cultural resources; wetland delineations; and 
minimal water, air, waste, and soil sampling;
    (iv) Minimally intrusive geological, geophysical, and geo-
technical activities, including mapping and engineering surveys;
    (v) Conducting facility audits, Environmental Site Assessments, 
and environmental baseline surveys; and
    (vi) Vulnerability, risk, and structural integrity assessments 
of infrastructure.
    (NR10) Routine procurement, use, storage, and disposal of non-
hazardous goods and services in support of administrative, 
operational, or maintenance activities in accordance with executive 
orders and Federal procurement guidelines. Examples include:
    (i) Office supplies and furniture;
    (ii) Equipment;
    (iii) Mobile assets (i.e., vehicles, vessels, aircraft);
    (iv) Utility services; and
    (v) Deployable emergency response supplies and equipment.
    (NR11) Routine use of hazardous materials (to include 
procurement, transportation, distribution, and storage of such 
materials) and reuse, recycling, and disposal of solid, medical, 
radiological, or hazardous waste in a manner that is consistent with 
all applicable laws, regulations, and policies. Examples include:
    (i) Use of chemicals and low-level radio-nuclides for laboratory 
applications;
    (ii) Refueling of storage tanks;
    (iii) Appropriate treatment and disposal of medical waste;
    (iv) Temporary storage and disposal of solid waste;
    (v) Disposal of radiological waste through manufacturer return 
and recycling programs; and
    (vi) Hazardous waste minimization activities.
    (NR12) Acquisition, installation, maintenance, operation, or 
evaluation of security equipment to screen for or detect dangerous 
or illegal individuals or materials at existing facilities or to 
enhance the physical security of existing critical assets. Examples 
include:
    (i) Low-level x-ray devices;
    (ii) Cameras and biometric devices;
    (iii) Passive inspection devices;
    (iv) Detection or security systems for explosive, biological, or 
chemical substances;
    (v) Access controls, screening devices, and traffic management 
systems;
    (vi) Motion detection systems;
    (vii) Impact-resistant doors and gates;
    (viii) Diver and swimmer detection systems, except sonar; and
    (ix) Blast and shock impact-resistant systems for land-based and 
waterfront facilities.
    (NR13) Maintenance of facilities, equipment, and grounds. 
Examples include interior utility work, road maintenance, window 
washing, lawn mowing, trash collecting, facility cleaning, and snow 
removal.
    (NR14) Recreation and welfare activities (e.g., picnics and 
Family Day).
    (NR15) Training FBI personnel or persons external to the FBI 
using existing facilities and where the training occurs in 
accordance with applicable permitting requirements and other 
requirements for the protection of the environment. This exclusion 
does not apply to training that involves the use of live chemical, 
biological, radiological, or explosive agents, except when conducted 
at a location designed and constructed to accommodate those 
materials and their associated hazards. Examples include:
    (i) Administrative or classroom training;
    (ii) Tactical training, including training in explosives and 
incendiary devices, arson investigation and firefighting, and 
emergency preparedness and response;
    (iii) Chemical, biological, explosive, or hazardous material 
handling training;
    (iv) Vehicle, aircraft, and small boat operation training;
    (v) Small arms and less-than-lethal weapons training;
    (vi) Security specialties and terrorist response training;
    (vii) Crowd control training, including gas range training;
    (viii) Enforcement response, self-defense, and interdiction 
techniques training; and
    (ix) Fingerprinting and drug analysis training.
    (NR16) Projects, grants, cooperative agreements, contracts, or 
activities to design, develop, and conduct national, state, local, 
or international exercises to test the readiness of the nation to 
prevent or respond to a terrorist attack or a natural or manmade 
disaster, where the activity in question is conducted in accordance 
with existing facility or land use designations. This exclusion does 
not apply to exercises that involve the use of live chemical, 
biological, radiological, nuclear, or explosive agents/devices 
(other than small devices such as practice grenades or flash bang 
devices used to simulate an attack during exercises), unless these 
exercises are conducted under the auspices of existing plans or 
permits that have undergone NEPA review.
    (d) List of REC Determination Form Required (R) FBI CATEXs. (R1) 
Reductions, realignments, or relocation of personnel, equipment, or 
mobile assets that results in changing the use of the space in such 
a way that could cause changes to environmental effects, but does 
not result in exceeding the infrastructure capacity outside of FBI-
managed property. An example of exceeding the infrastructure 
capacity would be an increase in vehicular traffic beyond the 
capacity of the supporting road network to accommodate such an 
increase.
    (R2) Acquisition or use of space within an existing structure, 
by purchase, lease, or use agreement. This requirement includes 
structures that are in the process of construction or were recently 
constructed, regardless of whether the existing structure was built 
to satisfy an FBI requirement and the proposed FBI use would not 
exceed the carrying capacity of the utilities and infrastructure for 
the use and access to the space. This requirement also includes 
associated relocation of personnel, equipment, or assets into the 
acquired space.
    (R3) Transfer of administrative control over real property, 
including related personal property, between another Federal agency 
and the FBI that does not result in a change in the functional use 
of the property.
    (R4) New construction (e.g., facilities, roads, parking areas, 
trails, solar panels, and wind turbines) or improvement of land 
where all of the following conditions are met:
    (i) The site is in a developed or a previously disturbed area;
    (ii) The proposed use will not substantially increase the number 
of motor vehicles at the facility or in the area;
    (iii) The construction or improvement will not result in 
exceeding the infrastructure capacity outside of FBI-managed 
property (e.g., roads, sewer, water, and parking);
    (iv) The site and scale of construction or improvement are 
consistent with those of existing, adjacent, or nearby buildings; 
and
    (v) The structure and proposed use are compatible with 
applicable Federal, tribal, state, and local planning and zoning 
standards and consistent with federally approved state coastal 
management programs.
    (R5) Renovation, addition, repair, alteration, and demolition 
projects affecting buildings, roads, airfields, grounds, equipment, 
and other facilities, including subsequent disposal of debris, which 
may be contaminated with hazardous materials such as polychlorinated 
biphenyls (PCBs), lead, or asbestos. Hazardous materials shall be 
disposed of at approved sites in accordance with Federal, state, and 
local regulations. Examples include the following:
    (i) Realigning interior spaces of an existing building;
    (ii) Adding a small storage shed to an existing building;
    (iii) Retrofitting for energy conservation, including 
weatherization, installation of timers on hot water heaters, 
installation of energy efficient lighting, installation of low-flow 
plumbing fixtures, and installation of drip-irrigation systems;
    (iv) Installing a small antenna on an already existing antenna 
tower that does not cause the total height to exceed 200 feet and 
where the FCC's NEPA procedures allow for application of a CATEX; or
    (v) Closing and demolishing a building not eligible for listing 
under the National Register of Historic Places.
    (R6) Acquisition, installation, reconstruction, repair by 
replacement, and operation of utility (e.g., water, sewer, 
electrical), communication (e.g., data processing cable and similar 
electronic equipment), and security systems that use existing 
rights-of-way, easements, distribution systems, or facilities.

[[Page 14016]]

    (R7) Acquisition, installation, operation, and maintenance of 
permanent equipment, devices, and/or controls necessary to mitigate 
effects of the FBI's missions on health and the environment. This 
CATEX is not intended to cover facility construction or related 
activities. Examples include:
    (i) Pollution prevention and pollution control equipment 
required to meet applicable Federal, tribal, state, or local 
requirements;
    (ii) Installation of fencing, including security fencing, that 
would not have the potential to significantly impede wildlife 
population movement (including migration) or surface water flow;
    (iii) Installation and operation of lighting devices;
    (iv) Noise abatement measures, including construction of noise 
barriers, installation of noise control materials, or planting 
native trees or native vegetation for use as a noise abatement 
measure; and
    (v) Devices to protect human or animal life, such as raptor 
electrocution prevention devices, and fencing and grating to prevent 
accidental entry to hazardous or restricted areas.
    (R8) Non-routine procurement, use, storage, and disposal of non-
hazardous goods and services in support of administrative, 
operational, or maintenance activities in accordance with executive 
orders and Federal procurement guidelines.
    (R9) Use of hazardous materials (to include procurement, 
transportation, distribution, and storage of such materials) and 
reuse, recycling, and disposal of solid, medical, radiological, or 
hazardous waste in a manner that is consistent with all applicable 
laws, regulations, and policies, but uncharacteristic of routine FBI 
use, reuse, recycling, and disposal of hazardous materials and 
waste. Examples include:
    (i) Procurement of a new type of chemical or procurement of a 
larger quantity of a particular chemical than generally used by the 
FBI; and
    (ii) Disposal of items that contain PCBs (e.g., carpets, 
lighting, caulk).
    (R10) Herbicide application and pest management, including 
registered pesticide application, in accordance with Federal, state, 
and local regulations.
    (R11) Natural resource management activities on FBI-managed 
property to aid in the maintenance or restoration of native flora 
and fauna, including site preparation and control of non-indigenous 
species, excluding the application of herbicides.

6. Environmental Assessment

    An EA is a concise public document for actions that do not meet 
the requirements for applying a CATEX, but for which it is unclear 
whether an EIS is required. An EA briefly provides evidence and 
analysis for determining whether to prepare an EIS or a Finding of 
No Significant Impact (FONSI), and facilitates preparation of an EIS 
when one is required. The requirements and contents of an EA are 
described in 40 CFR 1508.9. Significance of impacts shall be 
determined based on the criteria outlined in 40 CFR 1508.27. The FBI 
will comment on other agencies' EAs when relevant to the FBI's 
mission, or where the FBI has jurisdiction by law or relevant 
special expertise.
    (a) Examples of types of FBI actions that typically require an 
EA include the following:
    (1) Long-term plans for FBI-managed properties and facilities.
    (2) Proposed construction, land use, activity, or operation 
where it is uncertain whether the action will significantly affect 
environmentally sensitive areas.
    (3) New activities for which the impacts are not known with 
certainty, but where the impacts are not expected to cause 
significant environmental degradation.

7. Environmental Impact Statement

    An EIS is a detailed, written statement Federal agencies must 
prepare for major Federal actions that will significantly affect the 
quality of the human environment, or when an EA concludes that the 
significance threshold of the impacts associated with a proposed 
action would be crossed. An EIS describes effects of the proposed 
action and any reasonable alternatives. A Notice of Intent (NOI) is 
published in the Federal Register as soon as practicable after a 
decision to prepare an EIS is made. The FBI may prepare an EIS 
without prior preparation of an EA. The format and content of an EIS 
are described in 40 CFR part 1502.
    (a) A Record of Decision (ROD) is prepared at the time a 
decision is made regarding a proposal that is analyzed and 
documented in an EIS. The ROD will state the decision, discuss the 
alternatives considered, and state whether all practicable means to 
avoid or minimize environmental harms have been adopted or, if not, 
why they were not adopted. Where applicable, the ROD will also 
describe and adopt a monitoring and enforcement plan for any 
mitigation. The FBI will comment on other agencies' EISs when 
relevant to the FBI's mission, or where the FBI has jurisdiction by 
law or relevant special expertise.
    (b) Examples of types of actions that typically require an EIS 
include the following:
    (1) Proposed major construction or construction of facilities 
that would have a significant effect on wetlands, coastal zones, or 
other environmentally sensitive areas.
    (2) Change in area, scope, type, and/or frequency of operations 
or training that will result in significant environmental effects.
    (3) Actions where the effects of a project or operation on the 
human environment are likely to be highly scientifically uncertain, 
but are perceived to have potential for significant impacts.

8. Scoping

    Scoping may be used for all NEPA documents in order to 
streamline the NEPA process by identifying significant issues and 
narrowing the scope of the environmental review process. The FBI may 
seek agencies with specialized expertise or authority in 
environmental planning requirements that may be beneficial to FBI 
mission planning and encourage such agencies to be cooperating 
agencies (40 CFR 1501.6, 1508.5). In cases where an EIS is prepared 
in response to a finding of significant impact following preparation 
of an EA, the EIS scoping process shall incorporate the results of 
the EA development process.

9. Public Involvement

    The FBI may use such means as newspaper announcements, 
electronic media, and public hearings to disseminate information to 
potentially interested or affected parties about NEPA actions, as 
appropriate. When preparing an EIS, and in certain cases an EA, the 
FBI shall invite comment from affected Federal, tribal, state, and 
local agencies, and other interested persons in accordance with 40 
CFR part 1503.

10. Mitigation

    (a) Mitigation measures, such as those described in 40 CFR 
1508.20, may be used to offset environmental impacts associated with 
implementation of an action. If a FONSI or ROD is based on 
mitigation measures, all mitigation measures stipulated in the EA or 
EIS must be implemented as described in the FONSI or ROD.
    (b) Mitigation measures, where applicable, must be included as 
conditions in grants, permits, and relevant contract documents. 
Funding of actions shall be contingent on performance of mitigation 
measures, where such measures are identified in a FONSI or ROD. If 
mitigation is required, a mitigation monitoring plan shall be 
developed prior to the initiation of the proposed action. To the 
extent practicable, the FBI shall make available the progress or 
results of monitoring upon request by the public or cooperating/
commenting agencies.

11. Programmatic, Tiered, and Supplemental NEPA Documents

    (a) Programmatic EAs or EISs may be prepared to cover broad 
actions, such as programs or plans (e.g., Master Plan EA).
    (b) Tiered EAs or EISs may be prepared to cover narrower actions 
that are a component to previously prepared Programmatic EAs or EISs 
as described in 40 CFR 1508.28.
    (c) Supplemental EAs or EISs shall be prepared when the FBI 
makes substantial changes to the proposed action that are relevant 
to environmental concerns; when there are significant new 
circumstances or information relevant to environmental concerns and 
bearing on the proposed action or its impacts (e.g., new study has 
revealed rare, threatened, and endangered species in the project 
vicinity); or when the FBI determines that the purposes of NEPA will 
be furthered by doing so.
    (1) Supplemental EAs may either be prepared by tracking changes 
in the original EA or by preparing a separate document that only 
discusses the changes in the project scope and/or new information 
and the associated changes with regard to impacts. The process 
concludes with a decision regarding whether to issue a revised FONSI 
(using one of the methods listed in section 9 of these procedures) 
or a decision to prepare an EIS.
    (2) Supplemental EISs are prepared in the same way as an EIS. 
If, however, a supplemental EIS is prepared within one year of 
filing the ROD for the original EIS, no new scoping process is 
required. The process

[[Page 14017]]

concludes with a decision regarding whether to issue a revised ROD.

    Dated: April 3, 2019.
Rod J. Rosenstein,
Deputy Attorney General.
[FR Doc. 2019-06970 Filed 4-8-19; 8:45 am]
 BILLING CODE 4410-02-P