Adoption of Department of Energy Categorical Exclusion Under the National Environmental Policy Act, 77313-77315 [2023-24777]
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Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices
meeting of the Children’s Health
Protection Advisory Committee
(CHPAC) will be held virtually and inperson on December 13 and 14, 2023 at
the U.S. Environmental Protection
Agency (EPA) Headquarters located at
1200 Pennsylvania Avenue NW,
Washington, DC 20460. The CHPAC
advises the EPA on science, regulations
and other issues relating to children’s
environmental health.
Meeting dates are December 13,
2023, from 10:00 a.m. to 5:00 p.m. and
December 14, 2023, from 10:00 a.m. to
3:30 p.m. (EST).
DATES:
ADDRESSES:
Amelia Nguyen,
Biologist, Office of Children’s Health
Protection.
[FR Doc. 2023–24779 Filed 11–8–23; 8:45 am]
BILLING CODE 6560–50–P
EXPORT-IMPORT BANK OF THE
UNITED STATES
Adoption of Department of Energy
Categorical Exclusion Under the
National Environmental Policy Act
Export-Import Bank of the
United States
ACTION: Notice.
AGENCY:
Virtual Public Meeting: You must
register online to receive the webcast
meeting link and audio teleconference
information. Please follow the
registration instructions that will be
announced on the CHPAC website at:
https://www.epa.gov/children/chpac by
December 1, 2023.
Written Comments: Submit written
comments, identified by docket
identification (ID) number EPA–HQ–
OA–2023–0030, through the Federal
eRulemaking Portal at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Comments should be submitted on or
before December 7, 2023. Anyone
submitting written comments after this
date should contact Amelia Nguyen,
listed under FOR FURTHER INFORMATION
CONTACT. Do not electronically submit
any information you consider to be
Confidential Business Information (CBI;
broadly defined as proprietary
information, considered confidential to
the submitter, the release of which
would cause substantial business injury
to the owner) or other information
whose disclosure is restricted by statute.
Additional information on commenting
or visiting the docket, along with more
information about dockets generally, is
available at https://www.epa.gov/
dockets.
Special Accommodations: For
information on access or services for
individuals with disabilities, and to
request accommodation for a disability,
please contact Amelia Nguyen, listed
under FOR FURTHER INFORMATION
CONTACT.
ddrumheller on DSK120RN23PROD with NOTICES1
public. An agenda will be posted to
https://www.epa.gov/children/chpac.
FOR FURTHER INFORMATION CONTACT:
Amelia Nguyen, Office of Children’s
Health Protection, U.S. EPA, MC 1107T,
1200 Pennsylvania Avenue NW,
Washington, DC 20460, (202) 564–4268,
or nguyen.amelia@epa.gov.
The
meetings of the CHPAC are open to the
The Export-Import Bank of
the United States (EXIM) has identified
a categorical exclusion (CE) established
by the Department of Energy (DOE) that
covers categories of actions that EXIM
proposes to take. This notice identifies
the DOE CE and EXIM’s categories of
proposed actions for which it intends to
use DOE’s CE and describes the
consultation between the agencies.
DATES: The CE identified below is
available for EXIM to use for its
proposed actions effective November 9,
2023.
FOR FURTHER INFORMATION CONTACT:
Scott Condren (VP Policy Analysis),
Scott.Condren@exim.gov, (202)565–
3777; Tiffin Caverly (VP Engineering &
Environment), Tiffin.Caverly@exim.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
NEPA and CEs
The National Environmental Policy
Act, 42 U.S.C. 4321–4347, (NEPA)
requires Federal agencies to interpret
and administer Federal policies,
regulations, and laws in accordance
with NEPA’s policies and to consider
environmental values in their decision
making.
Federal agencies are required to
provide a detailed statement on
proposals for major Federal actions
significantly affecting the quality of the
human environment.1 NEPA also
created the Council of Environmental
Quality (CEQ) as the body responsible
for implementing NEPA.
Categorical exclusions (CEs) can be
used when there is a determination the
proposed type of action would not have
a significant effect on the human
environment; this option eliminates the
need for an environmental assessment
SUPPLEMENTARY INFORMATION:
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(EA) or more detailed environmental
impact statement (EIS).2
CEQ considers CEs ‘‘an important
mechanism to promote efficiency in the
NEPA process’’ and recognizes an
agency’s ability to ‘‘identify and
substantiate categories of actions that
normally do not have a significant effect
on the human environment.’’ 3
Section 109 of NEPA, enacted as part
of the Fiscal Responsibility Act of 2023,
allows a Federal agency to ‘‘adopt’’ or
use another agency’s CEs for a category
of proposed agency actions.4 To use
another agency’s CEs under section 109,
an agency must identify the relevant
CEs listed in another agency’s
(‘‘establishing agency’’) NEPA
procedures that cover its category of
proposed actions or related actions;
consult with the establishing agency to
ensure that the proposed adoption of the
CE to a category of actions is
appropriate; identify to the public the
CE that the agency plans to use for its
proposed actions; and document
adoption of the CE. EXIM has prepared
this notice to meet these statutory
requirements.
Program Background
As the official export credit agency of
the United States, ‘‘the mission of the
Export-Import Bank of the United States
is to support the creation of American
jobs by facilitating the export of U.S.
goods and services.’’ The Export-Import
Bank of the United States (EXIM) steps
in when the private sector does not
provide financing for American
businesses. The Bank’s actions have
historically helped support these firms
in competing with foreign businesses
overseas. The Make More in America
(MMIA) initiative applies EXIM’s
authorities for medium and long-term
(MLT) loans, loan guarantees, and
insurance to export-oriented domestic
projects. In doing so, MMIA allows
EXIM to support American business
during the whole export lifecycle. The
purpose of such loans remains
unchanged: to support U.S.
employment. As EXIM usually lends to
projects outside the United States,
NEPA has not often been applicable
because environmental effects are
located entirely outside the jurisdiction
of the United States. In the new MMIA
initiative which focuses on domestic
lending, borrowing and adopting CEs
from another agency will speed up the
processing time of deals and conserve
staff resources. Faster processing times
in this initiative will greatly facilitate
2 40
CFR 1501.4.
FR 49924.
4 42 U.S.C. 4336c.
3 88
1 40
PO 00000
CFR 1500.1.
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Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices
EXIM’s support of American businesses
and workers.
II. DOE Categorical Exclusion
EXIM proposes to adopt Department
of Energy CE B1.31, Installation or
relocation of machinery and equipment
(10 CFR part 1021, subpart D, appendix
B):
Installation or relocation and operation of
machinery and equipment (including, but not
limited to, laboratory equipment, electronic
hardware, manufacturing machinery,
maintenance equipment, and health and
safety equipment), provided that uses of the
installed or relocated items are consistent
with the general missions of the receiving
structure. Covered actions include
modifications to an existing building, within
or contiguous to a previously disturbed or
developed area 5 that are necessary for
equipment installation and relocation. Such
modifications would not appreciably
increase the footprint or height of the existing
building or have the potential to cause
significant changes to the type and
magnitude of environmental impacts.
ddrumheller on DSK120RN23PROD with NOTICES1
DOE CE B1.31 also includes
additional conditions referred to as
integral elements. (10 CFR part 1021
subpart D, app. B). In order to apply the
CE, the proposal must be one that would
not:
(1) Threaten a violation of applicable
statutory, regulatory, or permit
requirements for environment, safety,
and health, or similar requirements or
Executive Orders;
(2) Require siting and construction or
major expansion of waste storage,
disposal, recovery, or treatment
facilities (including incinerators), but
the proposal may include categorically
excluded waste storage, disposal,
recovery, or treatment actions or
facilities;
(3) Disturb hazardous substances,
pollutants, contaminants, or CERCLAexcluded petroleum and natural gas
products that preexist in the
environment such that there would be
uncontrolled or unpermitted releases;
(4) Have the potential to cause
significant impacts on environmentally
sensitive resources. An environmentally
sensitive resource is typically a resource
that has been identified as needing
protection through Executive Order,
statute, or regulation by Federal, state,
or local government, or a federally
5 DOE NEPA regulations say ‘‘ ‘Previously
disturbed or developed’ refers to land that has been
changed such that its functioning ecological
processes have been and remain altered by human
activity. The phrase encompasses areas that have
been transformed from natural cover to non-native
species or a managed state, including, but not
limited to, utility and electric power transmission
corridors and rights-of-way, and other areas where
active utilities and currently used roads are readily
available.’’ 10 CFR 1021.410(g)(1).
VerDate Sep<11>2014
18:48 Nov 08, 2023
Jkt 262001
recognized Indian tribe. An action may
be categorically excluded if, although
sensitive resources are present, the
action would not have the potential to
cause significant impacts on those
resources (such as construction of a
building with its foundation well above
a sole-source aquifer or upland surface
soil removal on a site that has
wetlands). Environmentally sensitive
resources include, but are not limited to:
(i) Property (such as sites, buildings,
structures, and objects) of historic,
archeological, or architectural
significance designated by a Federal,
state, or local government, federally
recognized Indian tribe, or Native
Hawaiian organization, or property
determined to be eligible for listing on
the National Register of Historic Places;
(ii) Federally listed threatened or
endangered species or their habitat
(including critical habitat) or Federallyproposed or candidate species or their
habitat (Endangered Species Act); statelisted or state-proposed endangered or
threatened species or their habitat;
Federally-protected marine mammals
and Essential Fish Habitat (Marine
Mammal Protection Act; MagnusonStevens Fishery Conservation and
Management Act); and otherwise
Federally-protected species (such as the
Bald and Golden Eagle Protection Act or
the Migratory Bird Treaty Act);
(iii) Floodplains and wetlands;
(iv) Areas having a special
designation such as Federally- and statedesignated wilderness areas, national
parks, national monuments, national
natural landmarks, wild and scenic
rivers, state and Federal wildlife
refuges, scenic areas (such as National
Scenic and Historic Trails or National
Scenic Areas), and marine sanctuaries;
(v) Prime or unique farmland, or other
farmland of statewide or local
importance, as defined at 7 CFR
658.2(a), ‘‘Farmland Protection Policy
Act: Definitions,’’ or its successor;
(vi) Special sources of water (such as
sole-source aquifers, wellhead
protection areas, and other water
sources that are vital in a region); and
(vii) Tundra, coral reefs, or rain
forests; or
(5) Involve genetically engineered
organisms, synthetic biology,
governmentally designated noxious
weeds, or invasive species, unless the
proposed activity would be contained or
confined in a manner designed and
operated to prevent unauthorized
release into the environment and
conducted in accordance with
applicable requirements, such as those
of the Department of Agriculture, the
Environmental Protection Agency, and
the National Institutes of Health.
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III. Proposed EXIM Category of Actions
EXIM intends to apply this categorical
exclusion to loans, loan guarantees, and
insurance transactions. The scope of
projects would be akin to projects from
the Department of Energy’s Loans
Program Office to which DOE has
applied the categorical exclusion. These
include purchase and installation of
equipment in buildings, modifications
to buildings in or contiguous to
previously disturbed areas, such as a
renovation of existing office,
manufacturing, or lab space. In
principle such transactions would be
similar to EXIM’s export finance
transactions deemed a category C under
its Environmental and Social Due
Diligence Procedures and Guidelines.6
IV. Consideration of Extraordinary
Circumstances and DOE’s ‘‘Integral
Elements’’
In assessing whether a categorical
exclusion applies, EXIM would review
whether there were extraordinary
circumstances that would indicate a
categorical exclusion is not appropriate
due to the potential for a significant
environmental effect. When applying
this CE, EXIM will consider whether the
proposed action has the potential to
result in significant effects as described
in DOE’s definition of extraordinary
circumstances. DOE defines
extraordinary circumstances as unique
situations presented by specific
proposals, including, but not limited to,
scientific controversy about the
environmental effects of the proposal;
uncertain effects or effects involving
unique or unknown risks; and
unresolved conflicts concerning
alternative uses of available resources.
10 CFR 1021.410(b)(2). In addition,
EXIM would review the proposed
actions to ensure they do not breach the
integral elements of classes of action in
DOE’s regulations as discussed above.
EXIM’s engineering and environment
division will have responsibility for
determining if a categorical exclusion
applies. These determinations will be
posted at https://www.exim.gov/
policies/exim-bank-and-environment/
make-more-america-initiative-approvedtransactions.
6 EXIM’s Environmental and Social Due Diligence
Procedures and Guidelines state that ‘‘applications
greater than $10 Million will be classified as
Category C if they are not related to a physical
project or if they relate to projects which do not
require further environmental review because they
are likely to have minimal or no adverse
environmental or social risks or impacts. This
category includes transactions related to new,
expansion or existing projects of the type that have
little or no potential to cause environmental effects
and do not impact sensitive locations.’’ Procedures
and Guidelines, EXIM.GOV.
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Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Notices
Consultation and Determination of
Appropriateness
Comments must be received on
or before January 8, 2024 to be assured
of consideration.
DATES:
Consultations
EXIM identified the DOE CE that
could apply to EXIM’s proposed actions
and consulted with DOE in September
2023. During this consultation, the
agencies discussed whether the
categories of EXIM proposed actions
would be appropriately covered by the
DOE CE; the extraordinary
circumstances that EXIM should
consider before applying the CE to
EXIM’s proposed actions; and the
requirement to evaluate the conditions
listed as integral elements in DOE’s
regulations (10 CFR 1021, subpart D,
appendix B (1)–(5)). The agencies also
discussed DOE’s past use of the CE.
At the conclusion of that process, the
agencies determined that EXIM’s
proposed use of the CE as described in
this notice would be appropriate
because the categories of actions for
which EXIM plans to use the CE are
consistent with the DOE CE.
Notice to the Public and Documentation
of the Adoption
This notice serves to identify to the
public and document EXIM’s adoption
of DOE’s CE. The notice identifies the
types of actions to which EXIM will
apply the CE, as well as the
considerations that EXIM will use in
determining whether an action is within
the scope of the CE.
Scott Condren,
Vice President, Policy Analysis.
[FR Doc. 2023–24777 Filed 11–8–23; 8:45 am]
BILLING CODE 6690–01–P
EXPORT-IMPORT BANK
[Public Notice: 2023–6050]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Comment Request;
Application for Equity Express Select
Insurance
Export-Import Bank of the
United States.
ACTION: Notice of information collection;
request for comment.
ddrumheller on DSK120RN23PROD with NOTICES1
AGENCY:
The Export-Import Banks of
the United States (EXIM), as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
Agencies to comment on the proposed
information collection, as required by
the Paperwork Reduction Act of 1995.
SUMMARY:
VerDate Sep<11>2014
18:22 Nov 08, 2023
Jkt 262001
Comments may be
submitted electronically on
WWW.REGULATIONS.GOV (EIB 10–02)
or by email Jennifer.Krause@exim.gov,
or by mail to Jennifer Krause, ExportImport Bank of the United States, 811
Vermont Ave. NW Washington, DC.
ADDRESSES:
To
request additional information, please
contact Jennifer Krause,
Jennifer.Krause@exim.gov, 305–526–
7436 x24.
FOR FURTHER INFORMATION CONTACT:
This form
is used by an exporter (or broker acting
on its behalf) in order to obtain approval
for coverage of the repayment risk of
export sales. The information received
allows EXIM staff to make a
determination of the eligibility of the
applicant and the creditworthiness of
one of the applicant’s foreign buyers for
EXIM assistance under its programs.
The application tool can be reviewed
at: https://img.exim.gov/s3fs-public/
pub/pending/eib23-02.pdf.
Title and Form Number: EIB 23–02,
Application for Equity Express Select
Insurance.
OMB Number: 3048–XXXX.
Type of Review: Regular.
Need and Use:
This is the application form for use by
underserved U.S. businesses with
limited export experience. Companies
that are eligible to use the Equity
Express Select policy will need to
answer approximately 20 questions and
sign an acknowledgement of the
certifications that appear on the reverse
of the application form. This program
does not provide discretionary credit
authority to the U.S. exporter, and
therefore the financial and credit
information needs are minimized.
Affected Public: This form affects
entities involved in the export of U.S.
goods and services.
Annual Number of Respondents: 500.
Estimated Time per Respondent: 0.25
hours.
Annual Burden Hours: 125 hours.
Frequency of Reporting of Use: Once
per year.
SUPPLEMENTARY INFORMATION:
Dated: November 3, 2023.
Kalesha Malloy,
IT Specialist and Privacy Officer.
[FR Doc. 2023–24747 Filed 11–8–23; 8:45 am]
BILLING CODE 6690–01–P
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77315
FEDERAL COMMUNICATIONS
COMMISSION
[OMB 3060–1222; FR ID 183730]
Information Collection Being
Submitted for Review and Approval to
Office of Management and Budget
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
As part of its continuing effort
to reduce paperwork burdens, as
required by the Paperwork Reduction
Act (PRA) of 1995, the Federal
Communications Commission (FCC or
the Commission) invites the general
public and other Federal Agencies to
take this opportunity to comment on the
following information collection.
Pursuant to the Small Business
Paperwork Relief Act of 2002, the FCC
seeks specific comment on how it might
‘‘further reduce the information
collection burden for small business
concerns with fewer than 25
employees.’’
The Commission may not conduct or
sponsor a collection of information
unless it displays a currently valid
Office of Management and Budget
(OMB) control number. No person shall
be subject to any penalty for failing to
comply with a collection of information
subject to the PRA that does not display
a valid OMB control number.
DATES: Written comments and
recommendations for the proposed
information collection should be
submitted on or before December 11,
2023.
ADDRESSES: Comments should be sent to
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function. Your comment must be
submitted into www.reginfo.gov per the
above instructions for it to be
considered. In addition to submitting in
www.reginfo.gov also send a copy of
your comment on the proposed
information collection to Nicole Ongele,
FCC, via email to PRA@fcc.gov and to
Nicole.Ongele@fcc.gov. Include in the
comments the OMB control number as
shown in the SUPPLEMENTARY
INFORMATION below.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection, contact Nicole
Ongele at (202) 418–2991. To view a
copy of this information collection
request (ICR) submitted to OMB: (1) go
to the web page https://www.reginfo.gov/
SUMMARY:
E:\FR\FM\09NON1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Notices]
[Pages 77313-77315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24777]
=======================================================================
-----------------------------------------------------------------------
EXPORT-IMPORT BANK OF THE UNITED STATES
Adoption of Department of Energy Categorical Exclusion Under the
National Environmental Policy Act
AGENCY: Export-Import Bank of the United States
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Export-Import Bank of the United States (EXIM) has
identified a categorical exclusion (CE) established by the Department
of Energy (DOE) that covers categories of actions that EXIM proposes to
take. This notice identifies the DOE CE and EXIM's categories of
proposed actions for which it intends to use DOE's CE and describes the
consultation between the agencies.
DATES: The CE identified below is available for EXIM to use for its
proposed actions effective November 9, 2023.
FOR FURTHER INFORMATION CONTACT: Scott Condren (VP Policy Analysis),
[email protected], (202)565-3777; Tiffin Caverly (VP Engineering &
Environment), [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
NEPA and CEs
The National Environmental Policy Act, 42 U.S.C. 4321-4347, (NEPA)
requires Federal agencies to interpret and administer Federal policies,
regulations, and laws in accordance with NEPA's policies and to
consider environmental values in their decision making.
Federal agencies are required to provide a detailed statement on
proposals for major Federal actions significantly affecting the quality
of the human environment.\1\ NEPA also created the Council of
Environmental Quality (CEQ) as the body responsible for implementing
NEPA.
---------------------------------------------------------------------------
\1\ 40 CFR 1500.1.
---------------------------------------------------------------------------
Categorical exclusions (CEs) can be used when there is a
determination the proposed type of action would not have a significant
effect on the human environment; this option eliminates the need for an
environmental assessment (EA) or more detailed environmental impact
statement (EIS).\2\
---------------------------------------------------------------------------
\2\ 40 CFR 1501.4.
---------------------------------------------------------------------------
CEQ considers CEs ``an important mechanism to promote efficiency in
the NEPA process'' and recognizes an agency's ability to ``identify and
substantiate categories of actions that normally do not have a
significant effect on the human environment.'' \3\
---------------------------------------------------------------------------
\3\ 88 FR 49924.
---------------------------------------------------------------------------
Section 109 of NEPA, enacted as part of the Fiscal Responsibility
Act of 2023, allows a Federal agency to ``adopt'' or use another
agency's CEs for a category of proposed agency actions.\4\ To use
another agency's CEs under section 109, an agency must identify the
relevant CEs listed in another agency's (``establishing agency'') NEPA
procedures that cover its category of proposed actions or related
actions; consult with the establishing agency to ensure that the
proposed adoption of the CE to a category of actions is appropriate;
identify to the public the CE that the agency plans to use for its
proposed actions; and document adoption of the CE. EXIM has prepared
this notice to meet these statutory requirements.
---------------------------------------------------------------------------
\4\ 42 U.S.C. 4336c.
---------------------------------------------------------------------------
Program Background
As the official export credit agency of the United States, ``the
mission of the Export-Import Bank of the United States is to support
the creation of American jobs by facilitating the export of U.S. goods
and services.'' The Export-Import Bank of the United States (EXIM)
steps in when the private sector does not provide financing for
American businesses. The Bank's actions have historically helped
support these firms in competing with foreign businesses overseas. The
Make More in America (MMIA) initiative applies EXIM's authorities for
medium and long-term (MLT) loans, loan guarantees, and insurance to
export-oriented domestic projects. In doing so, MMIA allows EXIM to
support American business during the whole export lifecycle. The
purpose of such loans remains unchanged: to support U.S. employment. As
EXIM usually lends to projects outside the United States, NEPA has not
often been applicable because environmental effects are located
entirely outside the jurisdiction of the United States. In the new MMIA
initiative which focuses on domestic lending, borrowing and adopting
CEs from another agency will speed up the processing time of deals and
conserve staff resources. Faster processing times in this initiative
will greatly facilitate
[[Page 77314]]
EXIM's support of American businesses and workers.
II. DOE Categorical Exclusion
EXIM proposes to adopt Department of Energy CE B1.31, Installation
or relocation of machinery and equipment (10 CFR part 1021, subpart D,
appendix B):
Installation or relocation and operation of machinery and
equipment (including, but not limited to, laboratory equipment,
electronic hardware, manufacturing machinery, maintenance equipment,
and health and safety equipment), provided that uses of the
installed or relocated items are consistent with the general
missions of the receiving structure. Covered actions include
modifications to an existing building, within or contiguous to a
previously disturbed or developed area \5\ that are necessary for
equipment installation and relocation. Such modifications would not
appreciably increase the footprint or height of the existing
building or have the potential to cause significant changes to the
type and magnitude of environmental impacts.
---------------------------------------------------------------------------
\5\ DOE NEPA regulations say `` `Previously disturbed or
developed' refers to land that has been changed such that its
functioning ecological processes have been and remain altered by
human activity. The phrase encompasses areas that have been
transformed from natural cover to non-native species or a managed
state, including, but not limited to, utility and electric power
transmission corridors and rights-of-way, and other areas where
active utilities and currently used roads are readily available.''
10 CFR 1021.410(g)(1).
DOE CE B1.31 also includes additional conditions referred to as
integral elements. (10 CFR part 1021 subpart D, app. B). In order to
apply the CE, the proposal must be one that would not:
(1) Threaten a violation of applicable statutory, regulatory, or
permit requirements for environment, safety, and health, or similar
requirements or Executive Orders;
(2) Require siting and construction or major expansion of waste
storage, disposal, recovery, or treatment facilities (including
incinerators), but the proposal may include categorically excluded
waste storage, disposal, recovery, or treatment actions or facilities;
(3) Disturb hazardous substances, pollutants, contaminants, or
CERCLA-excluded petroleum and natural gas products that preexist in the
environment such that there would be uncontrolled or unpermitted
releases;
(4) Have the potential to cause significant impacts on
environmentally sensitive resources. An environmentally sensitive
resource is typically a resource that has been identified as needing
protection through Executive Order, statute, or regulation by Federal,
state, or local government, or a federally recognized Indian tribe. An
action may be categorically excluded if, although sensitive resources
are present, the action would not have the potential to cause
significant impacts on those resources (such as construction of a
building with its foundation well above a sole-source aquifer or upland
surface soil removal on a site that has wetlands). Environmentally
sensitive resources include, but are not limited to:
(i) Property (such as sites, buildings, structures, and objects) of
historic, archeological, or architectural significance designated by a
Federal, state, or local government, federally recognized Indian tribe,
or Native Hawaiian organization, or property determined to be eligible
for listing on the National Register of Historic Places;
(ii) Federally listed threatened or endangered species or their
habitat (including critical habitat) or Federally-proposed or candidate
species or their habitat (Endangered Species Act); state-listed or
state-proposed endangered or threatened species or their habitat;
Federally-protected marine mammals and Essential Fish Habitat (Marine
Mammal Protection Act; Magnuson-Stevens Fishery Conservation and
Management Act); and otherwise Federally-protected species (such as the
Bald and Golden Eagle Protection Act or the Migratory Bird Treaty Act);
(iii) Floodplains and wetlands;
(iv) Areas having a special designation such as Federally- and
state-designated wilderness areas, national parks, national monuments,
national natural landmarks, wild and scenic rivers, state and Federal
wildlife refuges, scenic areas (such as National Scenic and Historic
Trails or National Scenic Areas), and marine sanctuaries;
(v) Prime or unique farmland, or other farmland of statewide or
local importance, as defined at 7 CFR 658.2(a), ``Farmland Protection
Policy Act: Definitions,'' or its successor;
(vi) Special sources of water (such as sole-source aquifers,
wellhead protection areas, and other water sources that are vital in a
region); and
(vii) Tundra, coral reefs, or rain forests; or
(5) Involve genetically engineered organisms, synthetic biology,
governmentally designated noxious weeds, or invasive species, unless
the proposed activity would be contained or confined in a manner
designed and operated to prevent unauthorized release into the
environment and conducted in accordance with applicable requirements,
such as those of the Department of Agriculture, the Environmental
Protection Agency, and the National Institutes of Health.
III. Proposed EXIM Category of Actions
EXIM intends to apply this categorical exclusion to loans, loan
guarantees, and insurance transactions. The scope of projects would be
akin to projects from the Department of Energy's Loans Program Office
to which DOE has applied the categorical exclusion. These include
purchase and installation of equipment in buildings, modifications to
buildings in or contiguous to previously disturbed areas, such as a
renovation of existing office, manufacturing, or lab space. In
principle such transactions would be similar to EXIM's export finance
transactions deemed a category C under its Environmental and Social Due
Diligence Procedures and Guidelines.\6\
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\6\ EXIM's Environmental and Social Due Diligence Procedures and
Guidelines state that ``applications greater than $10 Million will
be classified as Category C if they are not related to a physical
project or if they relate to projects which do not require further
environmental review because they are likely to have minimal or no
adverse environmental or social risks or impacts. This category
includes transactions related to new, expansion or existing projects
of the type that have little or no potential to cause environmental
effects and do not impact sensitive locations.'' Procedures and
Guidelines, EXIM.GOV.
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IV. Consideration of Extraordinary Circumstances and DOE's ``Integral
Elements''
In assessing whether a categorical exclusion applies, EXIM would
review whether there were extraordinary circumstances that would
indicate a categorical exclusion is not appropriate due to the
potential for a significant environmental effect. When applying this
CE, EXIM will consider whether the proposed action has the potential to
result in significant effects as described in DOE's definition of
extraordinary circumstances. DOE defines extraordinary circumstances as
unique situations presented by specific proposals, including, but not
limited to, scientific controversy about the environmental effects of
the proposal; uncertain effects or effects involving unique or unknown
risks; and unresolved conflicts concerning alternative uses of
available resources. 10 CFR 1021.410(b)(2). In addition, EXIM would
review the proposed actions to ensure they do not breach the integral
elements of classes of action in DOE's regulations as discussed above.
EXIM's engineering and environment division will have
responsibility for determining if a categorical exclusion applies.
These determinations will be posted at https://www.exim.gov/policies/exim-bank-and-environment/make-more-america-initiative-approved-transactions.
[[Page 77315]]
Consultation and Determination of Appropriateness
Consultations
EXIM identified the DOE CE that could apply to EXIM's proposed
actions and consulted with DOE in September 2023. During this
consultation, the agencies discussed whether the categories of EXIM
proposed actions would be appropriately covered by the DOE CE; the
extraordinary circumstances that EXIM should consider before applying
the CE to EXIM's proposed actions; and the requirement to evaluate the
conditions listed as integral elements in DOE's regulations (10 CFR
1021, subpart D, appendix B (1)-(5)). The agencies also discussed DOE's
past use of the CE.
At the conclusion of that process, the agencies determined that
EXIM's proposed use of the CE as described in this notice would be
appropriate because the categories of actions for which EXIM plans to
use the CE are consistent with the DOE CE.
Notice to the Public and Documentation of the Adoption
This notice serves to identify to the public and document EXIM's
adoption of DOE's CE. The notice identifies the types of actions to
which EXIM will apply the CE, as well as the considerations that EXIM
will use in determining whether an action is within the scope of the
CE.
Scott Condren,
Vice President, Policy Analysis.
[FR Doc. 2023-24777 Filed 11-8-23; 8:45 am]
BILLING CODE 6690-01-P
