[Federal Register Volume 63, Number 166 (Thursday, August 27, 1998)]
[Rules and Regulations]
[Pages 45719-45722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22936]
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POSTAL SERVICE
39 CFR Parts 775, 777, and 778
National Environmental Policy Act Implementing Procedures
AGENCY: Postal Service (USPS).
ACTION: Final rule.
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SUMMARY: This rule changes the procedures and categorical exclusions
governing the Postal Service's compliance with the National
Environmental Policy Act (NEPA). These amendments are based upon
experience with existing regulations and new policies and
infrastructure that have been implemented since the restructuring of
the Postal Service in 1992. The changes are intended to comply with the
requirements of NEPA while improving quality and reducing
administrative processes and preparation.
EFFECTIVE DATE: This regulation was effective on October 1, 1997.
FOR FURTHER INFORMATION CONTACT: Charles A. Vidich, Environmental
Coordinator, U.S. Postal Service, 8 Griffin Rd. N., Windsor, CT 06006-
7030, phone (860) 285-7254, or Gary W. Bigelow, Chief Counsel,
Environmental Law, 4200 Wake Forest Rd., Raleigh, NC 27668-1121, phone
(919) 501-9439.
SUPPLEMENTARY INFORMATION: Historically, the U.S. Postal Service has
implemented the provisions of the National Environmental Policy Act
(NEPA) through policies and procedures established by the Postal
Service's Facilities organization. Certainly, most of the ``major
federal actions'' undertaken by the Postal Service have been associated
with the construction or disposal of postal facilities. However, in
recent years it has become increasingly evident that other postal
organizations also have a role in implementing the provisions of NEPA.
The Postal Service has revised its regulations to clarify the scope of
the applicability of NEPA.
On August 11, 1997, the Postal Service published in the Federal
Register a notice of proposed changes in the procedures and categorical
exclusions of its NEPA regulations (62 FR 42958). Specifically, the
Postal Service proposed revised procedures for implementing the
requirements of NEPA in order to improve efficiency, promote compliance
and reflect organizational changes within the Postal Service. Although
exempt from the requirements of the Administrative Procedure Act (5
U.S.C. 553(b),(c)) regarding rulemaking by 39 U.S.C. 410(a), the Postal
Service requested that comments on the proposal be submitted by
September 10, 1997. No comments were received on the proposed
regulation.
Technical amendments to Sec. 775.6(a) to clarify language, improve
readability, conform to changes in language regarding wetlands permit
terminology, and correct a typographical error, have been incorporated
into the final rule. Also typographical errors in Sec. 775.6(e)(8) and
Sec. 775.7 have been corrected. In light of the foregoing, the Postal
Service has decided to adopt the proposed revisions to its NEPA
regulations.
List of Subjects
39 CFR Part 775
Environmental impact statements.
39 CFR Part 777
Real property acquisition, Relocation assistance.
39 CFR Part 778
Intergovernmental relations.
Accordingly, title 39 CFR parts 775, 777 and 778 are amended as
follows:
Subchapter K--Environmental Regulations
PART 775--NATIONAL ENVIRONMENTAL POLICY ACT PROCEDURES
1. The authority citation for 39 CFR part 775 is revised to read as
follows:
Authority: 39 U.S.C. 401; 42 U.S.C. 4321 et seq.; 40 CFR 1500.4.
2. The heading for subchapter K is revised to read as set forth
above.
3. The heading of part 775 is revised to read as set forth above.
4. Section 775.1 is revised to read as follows:
Sec. 775.1 Purpose.
These procedures implement the National Environmental Policy Act
(NEPA) regulations (40 CFR part 1500) issued by the Council on
Environmental Quality (CEQ).
5. Section 775.3 is revised to read as follows:
Sec. 775.3 Responsibilities.
(a) The Chief Environmental Officer is responsible for overall
development of policy regarding NEPA and other environmental policies.
The officer in charge of the facilities or real estate organization is
responsible for the development of NEPA policy as it affects real
estate or acquisition, construction and disposal of postal facilities
consistent with overall NEPA policy. Each officer with responsibility
over the proposed program, project, action, or facility is responsible
for compliance with NEPA as the responsible official.
(b) Postal managers will designate environmental coordinators to
assist with compliance with NEPA procedures.
Secs. 775.5 through 775.11 [Redesignated as Secs. 775.8 through
775.14]; Sec. 775.4(a) [Redesignated as Sec. 775.5] and Sec. 775.4(b)
[Redesignated as Sec. 775.6].
Sections 775.5 through 775.11 are redesignated as Secs. 775.8
through 775.14.
7. Section 775.4(a) is redesignated as Sec. 775.5 and Sec. 775.4(b)
is redesignated as Sec. 775.6.
8. Section 775.4 is removed, and a new Sec. 775.4 is added to read
as follows:
Sec. 775.4 Definitions.
(a) The definitions set forth in 40 CFR part 1508 apply to this
part 775.
(b) In addition to the terms defined in 40 CFR part 1508, the
following definitions apply to this part:
Approving official means the person or group of persons, who
authorizes funding as established through the delegations of approval
authority issued by the finance organization. That person or group of
persons may not have proposed the action for which financial approval
is sought.
Environmental checklist means a Postal Service form that identifies
potential environmental impacts for proposed actions initiated by
postal managers.
Mitigated FONSI means a FONSI which requires the implementation of
specified mitigation measures in order to ensure that there are no
significant impacts to the environment.
Record of environmental consideration means the Postal Service form
that identifies the Postal Service's review of proposed activities
under NEPA.
Responsible official means the person, or designated
representative, who proposes an action and is responsible for
compliance with NEPA. For larger projects, that person may not have the
financial authority to approve such action. The responsible official
signs the NEPA documents (FONSI, ROD) and the REC.
9. Newly redesignated Sec. 775.5 is revised to read as follows:
Sec. 775.5 Classes of actions.
(a) Actions which normally require an environment impact statement.
None,
[[Page 45720]]
however the Postal Service will prepare an EIS when necessary based on
the factors identified in 40 CFR 1508.27.
(b) Actions requiring an environmental assessment. Classes of
actions that will require an environmental assessment unless
categorically excluded include:
(1) Any project that includes the conversion, purchase, or any
other alteration of the fuel source for 25 percent or more of USPS
vehicles operating with fuel other than diesel or gasoline in any
carbon monoxide or ozone non-attainment area;
(2) Any action that would adversely affect a federally listed
threatened or endangered species or its habitat;
(3) Any action that would directly affect public health;
(4) Any action that would require development within park lands, or
be located in close proximity to a wild or scenic river or other
ecologically critical area;
(5) Any action affecting the quality of the physical environment
that would be scientifically highly controversial;
(6) Any action that may have highly uncertain or unknown risks on
the human environment;
(7) Any action that threatens a violation of applicable federal,
state, or local law or requirements imposed for the protection of the
environment;
(8) New construction of a facility with vehicle maintenance or fuel
dispensing capabilities, whether owned or leased;
(9) Acquisition or lease of an existing building involving new uses
or a change in use to a greater environmental intensity;
(10) Real property disposal involving a known change in use to a
greater environmental intensity;
(11) Postal facility function changes involving new uses of greater
environmental intensity;
(12) Reduction in force involving more than 1000 positions;
(13) Relocation of 300 or more employees more than 50 miles;
(14) Initiation of legislation.
10. Newly redesignated Sec. 775.6 is revised to read as follows:
Sec. 775.6 Categorical exclusions.
(a) The classes of actions in this section are those that the
Postal Service has determined do not individually or cumulatively have
a significant impact on the human environment. To be categorically
excluded, it must be determined that a proposed action fits within a
class listed and there are no extraordinary circumstances that may
affect the significance of the proposal. The action must not be
connected to other actions with potentially significant impacts or is
not related to other proposed actions with potentially significant
impacts. Extraordinary circumstances are those unique situations
presented by specific proposals, such as scientific controversy about
the environmental impacts of the proposal, uncertain effects or effects
involving unique or unknown risks.
(b) Categorical exclusions relating to general agency actions:
(1) Policy development, planning and implementation that relate to
routine activities such as personnel, organizational changes or similar
administrative functions.
(2) Routine actions, including the management of programs or
activities necessary to support the normal conduct of agency business,
such as administrative, financial, operational and personnel action
that involve no commitment of resources other than manpower and funding
allocations.
(3) Award of contracts for technical support services, management
and operation of a government owned facility, and personal services.
(4) Research activities and studies and routine data collection
when such actions are clearly limited in context and intensity.
(5) Educational and informational programs and activities.
(6) Reduction in force resulting from workload adjustments, reduced
personnel or funding levels, skill imbalances or other similar causes
that do not affect more than 1,000 positions.
(7) Postal rate or mail classification actions, address information
system changes, post office name and zip code changes.
(8) Property protection, law enforcement and other legal activities
undertaken by the Postal Inspection Service, the Law Department, the
Judicial Officer, and the Inspector General.
(9) Activities related to trade representation and market
development activities abroad.
(10) Emergency preparedness planning activities, including
designation of on-site evacuation routes.
(11) Minor reassignment of motor vehicles and purchase or
deployment of motor vehicles to new locations that do not adversely
impact traffic safety, congestion or air quality.
(12) Procurement or disposal of mail handling or transport
equipment.
(13) Acquisition, installation, operation, removal or disposal of
communication systems, computers and data processing equipment.
(14) Postal facility function changes not involving construction,
where there are no substantial relocation of employees, or no
substantial increase in the number of motor vehicles at a facility.
(15) Closure or consolidation of post offices under 39 U.S.C.
404(b).
(16) Minor operational changes at an existing facility to minimize
waste generation and for reuse of materials. These changes include but
are not limited to, adding filtration and recycling systems to allow
reuse of vehicle or machine oil, setting up sorting areas to improve
process efficiency, and segregating waste streams previously mingled
and assigning new identification codes to the two resulting streams.
(17) Actions which have an insignificant effect upon the
environment as established in a previously written Environmental
Assessment (EA) and Finding of No Significant Impact (FONSI) or
Environmental Impact Statement (EIS). Such repetitive actions shall be
considered ``reference actions'' and a record of all decisions
concerning these ``reference actions'' shall be maintained by the Chief
Environmental Officer or designee. The proposed action must be
essentially the same in context and the same or less in intensity or
create fewer impacts than the ``reference action'' previously studied
under an EA or EIS in order to qualify for this exclusion.
(18) Rulemakings that are strictly procedural, and interpretations
and rulings with existing regulations, or modifications or rescissions
of such interpretations and rulings.
(c) Categorical exclusions relating to emergency or restoration
actions:
(1) Any cleanup, remediation or removal action conducted under the
provisions of the Comprehensive Environmental Response Compensation and
Liability Act (CERCLA) or the Resource Conservation and Recovery Act
(RCRA), any asbestos abatement actions regulated under the provisions
of the Occupational Safety and Health Act (OSHA), or the Clean Air Act
or any PCB transformer replacement or any lead based paint abatement
actions regulated under the provisions of the Toxic Substances Control
Act (TSCA), OSHA or RCRA.
(2) Testing associated with environmental cleanups or site
investigations.
(d) Categorical exclusions relating to maintenance or repair
actions at existing facilities:
(1) Siting, construction or operation of temporary support
buildings or support structures.
(2) Routine maintenance and minor activities, such as fencing, that
occur in floodplains or state and local wetlands
[[Page 45721]]
or pursuant to the nationwide, regional or general permitting process
of the US Army Corps of Engineers.
(3) Routine actions normally conducted to protect and maintain
properties and which do not alter the configuration of the building.
(4) Changes in configuration of buildings required to promote
handicapped accessibility pursuant to the Architectural Barriers Act.
(5) Repair to, or replacement in kind or equivalent of building
equipment or components (e.g., electrical distribution, HVAC systems,
doors, windows, roofs, etc.).
(6) Internal modifications or improvements to structure, or
buildings to accommodate mail processing, computer, communication or
other similar types of equipment or other actions which do not involve
modification to the external walls of the facility.
(7) Joint development and/or joint use projects that only involve
internal modifications to an existing facility.
(8) Noise abatement measures, such as construction of noise
barriers and installation of noise control materials.
(9) Actions which require concurrence or approval of another
federal agency where the action is a categorical exclusion under the
NEPA regulations of that federal agency.
(e) Categorical exclusions relating to real estate actions.
(1) Obtaining, granting, disposing, or changing of easements,
licenses and permits, rights-of-way and similar interests.
(2) Extension, renewal, renegotiation, or termination of existing
lease agreements.
(3) Purchase of Postal Service occupied leased property where the
planned postal uses do not differ significantly from the past uses of
the site.
(4) Acquisition or disposal of existing facilities and real
property where the planned uses do not differ significantly from past
uses of the site.
(5) Acquisition of real property not connected to specific facility
plans or when necessary to protect the interests of the Postal Service
in advance of final project approval. This categorical exclusion only
applies to the acquisition. Any subsequent use of the site for a
facility project must be considered under this part.
(6) Disposal through sale or outlease of unimproved real property.
(7) Disposal through sale, outlease, transfer or exchange of real
property to other federal or state agencies.
(8) Acquisition and disposal through sale, lease, transfer or
exchange of real property that does not involve an increase in volumes,
concentrations, or discharge rates of wastes, air emissions, or water
effluents, and that under reasonably foreseeable uses, have generally
similar environmental impacts as compared to those before the
acquisition or disposal. A determination that the proposed action is
categorically excluded can be based upon previous ``reference actions''
documented under Sec. 775.6(b)(17).
(9) Acquisition and disposal through sale, lease, transfer,
reservation or exchange of real property for nature and habitat
preservation, conservation, a park or wildlife management.
(10) New construction, Postal Service owned or leased, or joint
development and joint use projects, of any facility unless the proposed
action is listed as requiring an EA in Sec. 775.5.
(11) Expansion or improvement of an existing facility where the
expansion is within the boundaries of the site or occurs in a
previously developed area unless the proposed action is listed as
requiring an EA in Sec. 775.5.
(12) Construction and disturbance pursuant to a nationwide,
regional or general permit issued by the US Army Corps of Engineers.
(13) Any activity in floodplains being regulated pursuant to
Sec. 775.6 and is not listed as requiring an EA in Sec. 775.5.
11. A new Sec. 775.7 is added.
Sec. 775.7 Planning and early coordination.
Early planning and coordination among postal functional groups is
required to properly consider environmental issues that may be
attributable to the proposed action. Operational and facility personnel
must cooperate in the early concept stages of a program or project. If
it is determined that more than one postal organization will be
involved in any action, a lead organization will be selected to
complete the NEPA process before any NEPA documents are prepared. If it
is determined that a project has both real estate and non-real estate
actions, the facilities functional organization will take the lead.
12. In newly redesignated Sec. 775.9, paragraphs (a)(1) through
(4), the first sentence in (b)(1), and paragraphs (b)(2), (b)(3)
introductory text, and (b)(3)(i) are revised and a new sentence is
added after the first sentence in paragraph (b)(1) to read as follows:
Sec. 775.9 Environmental evaluation process.
(a) All Actions--(1) Assessment of actions. An environmental
checklist may be used to support a record of environmental
consideration as the written determination that the proposed action
does not require an environmental assessment. An environmental
assessment must be prepared for each proposed action, except that an
assessment need not be made if a written determination is made that:
(i) The action is one of a class listed in Sec. 775.6, Categorical
Exclusions, and
(ii) The action is not affected by extraordinary circumstances
which may cause it to have a significant environmental effect, or
(iii) The action is a type that is not a major federal action with
a significant impact upon the environment.
(2) Findings of no significant impact. If an environmental
assessment indicates that there is no significant impact of a proposed
action on the environment, an environmental impact statement is not
required. A ``finding of no significant impact'' (FONSI) is prepared
and published in accordance with Sec. 775.13. When the proposed action
is approved, it may be accomplished without further environmental
consideration. A FONSI document briefly presents the reasons why an
action will not have a significant effect on the human environment and
states that an environmental impact statement will not be prepared. It
must refer to the environmental assessment and any other
environmentally pertinent documents related to it. The assessment may
be included in the finding if it is short, in which case the discussion
in the assessment need not be repeated in the finding. The FONSI may be
a mitigated FONSI in which case the required mitigation factors should
be listed in the FONSI. The use of a mitigated FONSI is conditioned
upon the implementation of the identified mitigation measures in the EA
that support the FONSI. Unless the mitigation measures are implemented
by the responsible official, the use of an EA in lieu of an EIS is not
acceptable.
(3) Impact statement preparation decision and notices. If an
environmental assessment indicates that a proposed major action would
have a significant impact on the environment, a notice of intent to
prepare an impact statement is published (see Sec. 775.13) and an
environmental impact statement is prepared.
(4) Role of impact statement in decision making. An environmental
impact statement is used, with other analyses and materials, to decide
which alternative should be pursued, or whether a proposed action
should be abandoned or other courses of action
[[Page 45722]]
pursued. See Sec. 775.12 for restrictions on the timing of this
decision.
* * * * *
(b) * * *
(1) The environmental assessment of any action which involves the
construction or acquisition of a new mail processing facility must
include reasonable alternatives to the proposed action and not just
consideration of contending sites for a facility. This process must be
started early in the planning of the action.* * *
(2) When an environmental assessment indicates that an
environmental impact statement may be needed for a proposed facility
action, the responsible officer will make the decision whether to
prepare an environmental impact statement for presentation to the
Capital Investment Committee, and to the Board of Governors if the
Board considers the proposal.
(3) If an environmental impact statement is presented to the
Committee or the Board, and an analysis indicates that it would be more
cost-effective to proceed immediately with continued control of sites,
(including advance acquisition, if necessary, and where authorized by
postal procedures), environmental impact statement preparation, and
project designs, a budgetary request will include authorization of
funds to permit:
(i) The preparation of an impact statement encompassing all
reasonable alternatives and site alternatives,
* * * * *
13. In newly redesignated Sec. 775.10, paragraph (a)(4) is added to
read as follows:
Sec. 775.10 Environmental assessments.
(a) * * *
(4) A list of applicable environmental permits necessary to
complete the proposed action.
14. Newly redesignated Sec. 775.11 is amended by revising the last
sentence of paragraph (a)(1) and by revising paragraphs (b)(2)(ii),
(c)(2), (c)(4), (c)(5) introductory text, (c)(5)(iv), and (d)(1) to
read as follows:
Sec. 775.11 Environmental impact statements.
(a) * * *
(1) * * * Notice is given in accordance with Sec. 775.13.
* * * * *
(b) * * *
(2) * * *
(ii) Contain discussions of impacts in proportion to their
significance. Insignificant impacts eliminated during the process under
Sec. 775.11(a) to determine the scope of issues must be discussed only
to the extent necessary to state why they will not be significant.
* * * * *
(c) * * *
(2) Summary. The section should compare and summarize the findings
of the analyses of the affected environment, the environmental impacts,
the environmental consequences, the alternatives, and the mitigation
measures. The summary should sharply define the issues and provide a
clear basis for choosing alternatives.
* * * * *
(4) Proposed action. This section should clearly outline the need
for the EIS and the purpose and description of the proposed action. The
entire action should be discussed, including connected and similar
actions. A clear discussion of the action will assist in consideration
of the alternatives.
(5) Alternatives and mitigation. This portion of the environmental
impact statement is vitally important. Based on the analysis in the
Affected Environment and Environmental Consequences section (see
Sec. 775.11(c)(6)), the environmental impacts and the alternatives are
presented in comparative form, thus sharply defining the issues and
providing a clear basis for choosing alternatives. Those preparing the
statement must:
* * * * *
(iv) Describe appropriate mitigation measures not considered to be
an integral part of the proposed action or alternatives. See
Sec. 775.9(a)(7).
* * * * *
(d) * * *
(1) Any completed draft environmental impact statement which is
made the subject of a public hearing, must be made available to the
public as provided in Sec. 775.12, of this chapter at least 15 days in
advance of the hearing.
* * * * *
15. In newly redesignated Sec. 775.13, paragraph (a)(4) is revised
to read as follows:
Sec. 775.13 Public notice and information.
(a) * * *
(4) A copy of every notice of intent to prepare an environmental
impact statement must be furnished to the Chief Counsel, Legislative,
Law Department, who will have it published in the Federal Register.
* * * * *
16. In newly redesignated Sec. 775.14, paragraph (b) is revised to
read as follows:
Sec. 775.14 Hearings.
* * * * *
(b) The distribution and notice requirements of Secs. 775.11(d)(1)
and 775.13 must be complied with whenever a hearing is to be held.
17. A heading for Subchapter L is added to read as follows:
Subchapter L--Special Regulations
PARTS 777 AND 778--[REDESIGNATED TO SUBCHAPTER L]
18. Parts 777 and 778 are redesignated from Subchapter K to
Subchapter L.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 98-22936 Filed 8-26-98; 8:45 am]
BILLING CODE 7710-12-U
