[Federal Register Volume 61, Number 24 (Monday, February 5, 1996)]
[Rules and Regulations]
[Pages 4227-4232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2087]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 10
RIN 3067-AC41
Environmental Considerations/Categorical Exclusions
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Final rule.
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SUMMARY: This rule revises the categories of actions or categorical
exclusions that normally would not require an environmental impact
statement or environmental assessment. These changes are intended to
reduce the administrative processes and decrease the time required for
project funding and implementation, while still ensuring that FEMA
satisfies
[[Page 4228]]
environmental concerns and issues. The changes are consistent with
Federal directives, regulations and statutes.
EFFECTIVE DATE: February 5, 1996.
FOR FURTHER INFORMATION CONTACT: Rick Shivar, Office of Policy and
Regional Operations, Federal Emergency Management Agency, 500 C Street
SW., Washington, DC 20472, or phone (202) 646-3610.
SUPPLEMENTARY INFORMATION: On August 3, 1995, FEMA published a proposed
rule for comment in the Federal Register, 60 FR 39694. The proposed
rule contained changes responding to numerous suggestions for
additional exclusion categories and for modifications to existing
exclusion categories. They reflect several years' experience on the
types of actions that generally receive a finding of no significant
impact after FEMA makes an environmental assessment. These changes are
intended to speed the approval of those projects with no potential for
significant environmental effects and to allow attention to be focused
on those projects with potential environmental concerns. The
publication of the proposed rule allowed for a 45-day comment period
ending on September 18, 1995. During this period, comments were
received from one state, two Federal agencies, an environmental group
and from within FEMA. The concerns identified in these comments are
addressed later in this section.
In order to produce a complete and effective update of exclusion
categories, we conducted a review of the environmental assessments (EA)
and the findings of no significant impact (FONSI) that FEMA has issued.
In the last few years we have completed over 340 EAs, but there is only
one case where an environmental impact statement (EIS) was written.
While many EAs identified impacts that were able to be mitigated below
the level of significance, we found that the clear majority of actions
have no significant impact. Reviewing this last group revealed specific
types of projects that historically did not produce significant
environmental effects. In conjunction with the review of FEMA's EAs, we
conducted a literature review of other Federal documents containing
similar types of exclusions to ensure consistency of FEMA's exclusions
with other Federal agencies' regulations. The results of these two
reviews are the basis for these changes to FEMA's list of exclusion
categories.
These changes are also in keeping with the Council on Environmental
Quality's guidance to Federal agencies on this subject (48 FR 34263,
July 28, 1983). That guidance encourages Federal agencies to add
flexibility to implementing procedures to allow new types of actions to
be classified as categorical exclusions (CATEXs) with minimal
documentation required. This is done by developing more broadly defined
categories as well as providing examples of typical CATEXs, rather than
a comprehensive list, so that specific actions not previously listed by
an agency can be considered for CATEX status on a case-by-case basis.
These revised exclusion categories will not affect FEMA's
responsibility to comply with all other applicable local, state, and
Federal laws and regulations relating to health, safety and the
environment. This encompasses Federal environmentally oriented statutes
including, among others: the Clean Air Act, the Clean Water Act, the
Resource Conservation and Recovery Act, the Comprehensive Environmental
Response, Compensation and Liability Act, the Coastal Zone Management
Act, the Coastal Barrier Resources Act, the Endangered Species Act, the
National Historic Preservation Act, and the Archaeological and Historic
Preservation Act. It would not affect FEMA's responsibilities under
Executive Orders 11988, 11990, and 12898. Nor would it affect FEMA's
implementing regulations at 44 CFR part 9, or FEMA's National Flood
Insurance Program rules at 44 CFR parts 59 through 77.
A point of clarification of the term ``categorical exclusion'' is
necessary in the discussion of this revised rule. Section 316 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(Stafford Act), Pub. L. 93-288, as amended, 42 U.S.C. 5159, provides
(1) for a statutory exclusion from NEPA requirements for certain
actions taken under specific sections of that Act (Secs. 402, 403, 407
and 502), and (2) for those actions under Sec. 406 of the Stafford Act
that have ``the effect of restoring a facility substantially to its
condition prior to the disaster or emergency.'' While statutory
exclusions are exempted from all NEPA documentation, actions that are
categorically excluded from preparation of an EA or an EIS must be
documented by FEMA under this part. However, as with actions
categorically excluded, an action statutorily excluded from NEPA is not
exempt from the requirements of the other environmentally oriented
statutes indicated above. To help determine the level of environmental
review required and, specifically, when neither an EA nor an EIS is
likely to be required for a proposed action, the list of exclusion
categories presented by this rule is comprehensive in that it includes
both categorical exclusions and those actions that are statutorily
excluded (denoted by [SE]).
The list of exclusion categories is presented with administrative
type actions appearing first followed by emergency and other actions.
The administrative actions relate mainly to activities that in and of
themselves do not normally impact the environment, such as: planning,
design, procurement, acquisition, training, studies and other
administrative processes. The emergency and other actions mainly
address emergency, disaster-related, or other activities that could
impact features of the human and natural environment, such as:
construction; maintenance or repair of facilities or vegetation;
relocation of structures; floodproofing; emergency response and
deployment; physical and other assistance.
Since this revision republishes and redesignates some paragraphs,
and modifies other paragraphs, the following discussion is directed
only at those items that are added, removed, or revised from the
current 44 CFR Sec. 10.8.
44 CFR Sec. 10.8 is revised to redesignate and revise the
discussion of statutory exclusions to recognize the difference between
the basic nature of the statutory exclusion and of the CATEX. We also
updated references to sections of the Stafford Act.
New paragraph (d)(2) modifies the nomenclature ``List of
categorical exceptions'' to ``List of exclusion categories'' to reflect
the categorical nature of the list as opposed to a list of exceptions.
This change is also reflected in new paragraph (d)(6).
New paragraphs (d)(2) (i), (ii), (iii), (v), (vii), and (x) make
minor wording revisions and clarify the language of existing categories
but do not change their general substance.
New paragraph (d)(2)(iv) addresses inspection and monitoring
processes that are part of the compliance requirements for various
programs. These activities are passive as to the environment. Any
federally funded action that the inspections or monitoring might
recommend is subject to the NEPA process.
New paragraph (d)(2)(vi) expands the scope of the old paragraph
(d)(2)(iii) on procurement of goods and services for operational
support of facilities to include support of emergency operations
together with temporary storage of those goods.
Paragraph (d)(2)(viii) addresses the purchase or leasing of
existing facilities
[[Page 4229]]
when land use requirements allow the proposed use.
Paragraph (d)(2)(ix) covers the acquisition, installation, or
operation of utilities, gauges, communication and warning systems when
using existing systems or facilities, or currently utilized
infrastructure rights-of-way.
Paragraph (d)(2)(xi) would allow for the planting of indigenous
vegetation, for example, to reduce erosion or fire hazard.
Paragraph (d)(2)(xii) applies to the removal of uncontaminated
structures, improvements or debris to sites permitted for such
material. The paragraph also applies to the demolition associated with
the removal of structures or improvements.
Paragraph (d)(2)(xiii) applies to small, individual structures that
are to be relocated to a new site, where FEMA is not involved in the
selection or development of the new site.
Paragraph (d)(2)(xiv) excludes the act of granting a community
exception for residential basement floodproofing pursuant to the
National Flood Insurance Program.
Paragraph (d)(2)(xv) provides to actions under the mitigation and
other programs a slightly broader exclusion than that available by
statute to actions funded pursuant to Sec. 406 of the Stafford Act
whereby a facility can be restored to its approximate preexisting
design, function and location. The broader interpretation also applies
to Sec. 406 actions. Some existing statutory exclusions are
incorporated into the CATEX list in this paragraph and in paragraph
(d)(2)(xix).
Paragraph (d)(2)(xvi) allows for improvements to an existing
facility or for the construction of small scale mitigation measures in
an already developed and appropriately zoned area on previously
disturbed or graded lot(s). This includes improvements in the disturbed
portion of a lot of an existing building, culverts, and berms within
the previously disturbed perimeter of a road, storm drainage or utility
system or existing facility. Any action covered by this category cannot
change the basic function, exceed the capacity of other system
components, violate land use requirements, or operate in a way as to
affect the environment adversely.
Paragraph (d)(2)(xvii) permits actions within enclosed facilities
which comply with local construction, noise, pollution and waste
disposal regulations.
Paragraph (d)(2)(xviii) excludes, in addition to the existing
category for the deployment and support of Emergency Support Teams,
direct response activities including activation and support of the
Catastrophic Disaster Response Group, Regional Operations Centers,
Emergency Response Teams, Urban Search and Rescue Teams, and situation
assessment, reconnaissance and other data gathering efforts in response
to and for recovery from a disaster.
Paragraph (d)(2)(xix) excludes emergency assistance and relief
activities and rephrases terminology to reflect the amended Stafford
Act. This includes general Federal and essential assistance (Stafford
Act Secs. 402 and 403), food coupons and commodities (Secs. 412 and
413), and Federal emergency assistance (Sec. 502). Debris removal
(Sec. 407) becomes less restrictive. The temporary housing definition
(Sec. 408) is simplified as are the definitions of the individual and
family grant (Sec. 411) and community disaster loan (Sec. 417)
exclusions.
In paragraph (d)(3) the list of Extraordinary Circumstances, which
was Sec. 10.8(e), is updated to clarify the circumstances that may
cause an action that is normally categorically excluded to have the
potential for significant environmental impact. The previous paragraph
(e)(2) describing ``actions in highly populated or congested areas'' is
replaced in paragraph (d)(3)(ii) with a more workable ``actions with a
high level of controversy.'' In paragraph (d)(3)(iv) clarifying
language is added to the term ``unproven technology.'' In paragraph
(d)(3)(vi) the hazardous substance condition was changed from ``use''
to ``presence'' and linked to levels that would trigger local, state,
or Federal requirements. Paragraph (d)(3)(vii), which addresses flood
plains or wetlands, is expanded to include other special or critical
resources, i.e., coastal zones, wildlife refuge and wilderness areas,
wild and scenic rivers, sole or principal drinking water aquifers, etc.
Three new categories are added to insure that adverse health and
safety effects, paragraph (d)(3)(viii); the potential violation of
Federal, state, local or tribal requirements, paragraph (d)(3)(ix); and
cumulative impacts, (d)(3)(x); will now be considered as extraordinary
circumstances.
Paragraph (d)(5), Revocation, is added to assure that if the
conditions upon which a categorical exclusion was granted have changed
or new information is discovered indicating that the action no longer
meets the conditions of the categorical exclusion, the responsible
official must revoke the exclusion and ask for a full environmental
review.
Paragraphs (d)(6)(i) and (d)(6)(ii), which address changes to the
list of exclusion categories, adds ``directorates'' to ``offices and
administrations'' to more correctly reflect all the organizational
entities in FEMA.
The comments received during the comment period centered on four
areas: (1) hazardous materials; (2) exception categories being too
expansive; (3) extraordinary circumstances; and (4) clarification of
terms and the scope of several of the proposed categories. In addition,
it has been suggested that some of the categories could be combined and
that some could be eliminated because they were not germane to FEMA
activities. The following discussion addresses those comments directed
at the substance of the proposed rule.
Several comments expressed concern about the integration of
hazardous waste requirements into the categories, specifically the
original sections (d)(2)(viii), (x), (xiv), and (xv). That integration
already exists in the form of the extraordinary circumstance defined in
(3)(vi) and in general FEMA policy regarding hazardous materials. The
extraordinary circumstance would override the categorical exclusion if
special hazardous material situations were identified associated with
any categorically excluded action. In addition, it is FEMA policy that
before the acquisition of property all state and local hazardous
material ordinances must be adhered to and that the property itself
must be free of contaminates. Original sections (d)(2)(vii) and
(d)(2)(x) have been dropped and sections (d)(2)(xiv) and (d)(2)(xv) are
adequately covered by existing policy and the extraordinary
circumstance.
Commenters felt that the proposed (d)(2)(xvii) was too expansive in
what it could include and that it went beyond the definition used to
describe what was allowed by the statutory exclusion of the Stafford
Act, 42 U.S.C. 5159. The new wording intentionally goes beyond that of
the statutory exclusion. Our experience in working with this type of
project indicates that many projects that truly fit the categorical
exemption criteria were not covered and this language now includes them
for all FEMA programs. Any project qualifying for this exclusion that
is not covered by the statutory exclusion will still be evaluated for
extraordinary circumstances and will lose its categorical exclusion if
any of those circumstances apply.
One comment suggested adding a new extraordinary circumstance to
section (d)(3) that could override the categorical exclusion of an
action if that action impacted the recovery of an endangered species or
could be used be
[[Page 4230]]
affirmatively used in that recovery. It was felt that the existing
endangered species extraordinary circumstance, (d)(3)(v), would be
invoked by the mere presence of a protected species and once the
environmental assessment was required the opportunity for affirmatively
considering recovery efforts would be available.
A suggestion was made to modify the wording of the extraordinary
circumstance (d)(3)(vii) which addresses ``special status areas or
other critical resources'' to include rare habitat that may not be on
the critical list. This modification has been made by adding the
quality of ``uniqueness'', i.e., ``special status areas or other unique
or critical resources.''
The addition of a new extraordinary circumstance, (d)(3)(x) was
suggested to address situations where normally excludable actions have
impacts which by themselves are not significant, but when combined with
impacts of other past, present, or foreseeable future activities have
the potential for significant impact.
Two proposed categories addressing the acquisition of real property
for future use, (d)(2)(viii), and the transfer of administrative
control, (d)(2)(x), were eliminated as not germane to normal FEMA
activities.
Newly designated sections (c)(1), (c)(2), (d)(2), (d)(2)(vi),
(d)(2)(vii), (d)(2)(ix), (d)(2)(x), (d)(2)(xii), (d)(2)(xiii),
(d)(2)(xv), (d)(2)(xvi), (d)(2)(xix)(F), (d)(3)(v), (d)(3)(vi), and
(d)(5) have been modified from the corresponding proposed sections in
response to specific suggestions to improve clarity and definition. The
explanation presented above which addresses any of these modified
sections reflects the new changes since the proposed rule was
published.
National Environmental Policy Act
The requirements of 44 CFR part 10, Environmental Consideration,
exclude this rule according to Sec. 10.8(c)(2)(i). FEMA has not
prepared an environmental impact statement.
Regulatory Flexibility Act
I certify that this rule would not have a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq. The rule adds eight categories to
FEMA's categorical exclusions from reviews under the National
Environmental Policy Act, and FEMA does not expect the rule (1) will
affect adversely the availability of disaster assistance funding to
small entities, (2) will have significant secondary or incidental
effects on a substantial number of small entities, or (3) will create
any additional burden on small entities.
Regulatory Planning and Review
This rule is not a significant regulatory action within the meaning
of Sec. 2(f) of E.O. 12866 of September 30, 1993, Regulatory Planning
and Review, 3 CFR, 1994 Comp., p. 638. To the extent possible this
proposed rule adheres to the regulatory principles set forth in E.O.
12866, but has not been reviewed by the Office of Management and Budget
under E.O. 12866.
Paperwork Reduction Act
This rule does not involve any collection of information for the
purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Executive Order 12612, Federalism
This rule involves no policies that have federalism implications
under Executive Order 12612, Federalism, October 26, 1987, 3 CFR, 1987
Comp., p. 252.
Executive Order 12778, Civil Justice Reform
This rule meets the applicable standards of section 2(b)(2) of
Executive Order 12778, October 25, 1991, 56 FR 55195, 3 CFR, 1991
Comp., p. 309.
List of Subjects in 44 CFR Part 10
Environmental impact statements.
Accordingly, 44 CFR part 10 is amended as follows:
PART 10--ENVIRONMENTAL CONSIDERATIONS
1. The authority citation for Part 10 is revised to read as
follows:
Authority: 42 U.S.C. 4321 et seq.; E.O. 11514 of March 7, 1970,
35 FR 4247, as amended by E. O. 11991 of March 24, 1977, 3 CFR, 1977
Comp., p. 123; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3
CFR, 1978 Comp., p. 329; E.O. 12127 of March 31, 1979, 44 FR 19367,
3 CFR, 1979 Comp., p. 376; E.O. 12148 of July 20, 1979, 44 FR 43239,
3 CFR, 1979 Comp., p. 412, as amended.
2. Section 10.8 is amended by revising paragraphs (c), (d) and (e)
to read as follows:
Sec. 10.8 Determination of requirement for environmental review.
* * * * *
(c) Statutory exclusions. The following actions are statutorily
excluded from NEPA and the preparation of environmental impact
statements and environmental assessments by section 316 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (Stafford
Act), as amended, 42 U.S.C. 5159;
(1) Action taken or assistance provided under sections 403, 407, or
502 of the Stafford Act; and
(2) Action taken or assistance provided under section 406 of the
Stafford Act that has the effect of restoring facilities substantially
as they existed before a major disaster or emergency.
(d) Categorical Exclusions (CATEXs). CEQ regulations at 40 CFR
1508.4 provide for the categorical exclusion of actions that do not
individually or cumulatively have a significant impact on the human
environment and for which, therefore, neither an environmental
assessment nor an environmental impact statement is required. Full
implementation of this concept will help FEMA avoid unnecessary or
duplicate effort and concentrate resources on significant environmental
issues.
(1) Criteria. The criteria used for determination of those
categories of actions that normally do not require either an
environmental impact statement or an environmental assessment include:
(i) Minimal or no effect on environmental quality;
(ii) No significant change to existing environmental conditions;
and
(iii) No significant cumulative environmental impact.
(2) List of exclusion categories. FEMA has determined that the
following categories of actions have no significant effect on the human
environment and are, therefore, categorically excluded from the
preparation of environmental impact statements and environmental
assessments except where extraordinary circumstances as defined in
paragraph (d)(5) of this section exist. If the action is of an
emergency nature as described in Sec. 316 of the Stafford Act (42
U.S.C. 5159), it is statutorily excluded and is noted with [SE].
(i) Administrative actions such as personnel actions, travel,
procurement of supplies, etc., in support of normal day-to-day
activities and disaster related activities;
(ii) Preparation, revision, and adoption of regulations,
directives, manuals, and other guidance documents related to actions
that qualify for categorical exclusions;
(iii) Studies that involve no commitment of resources other than
manpower and associated funding;
(iv) Inspection and monitoring activities, granting of variances,
and actions to enforce Federal, state, or local codes, standards or
regulations;
[[Page 4231]]
(v) Training activities and both training and operational exercises
utilizing existing facilities in accordance with established procedures
and land use designations;
(vi) Procurement of goods and services for support of day-to-day
and emergency operational activities, and the temporary storage of
goods other than hazardous materials, so long as storage occurs on
previously disturbed land or in existing facilities;
(vii) The acquisition of properties and the associated demolition/
removal [see paragraph (d)(2)(xii) of this section] or relocation of
structures [see paragraph (d)(2)(xiii) of this section] under any
applicable authority when the acquisition is from a willing seller, the
buyer coordinated acquisition planning with affected authorities, and
the acquired property will be dedicated in perpetuity to uses that are
compatible with open space, recreational, or wetland practices.
(viii) Acquisition or lease of existing facilities where planned
uses conform to past use or local land use requirements;
(ix) Acquisition, installation, or operation of utility and
communication systems that use existing distribution systems or
facilities, or currently used infrastructure rights-of-way;
(x) Routine maintenance, repair, and grounds-keeping activities at
FEMA facilities;
(xi) Planting of indigenous vegetation;
(xii) Demolition of structures and other improvements or disposal
of uncontaminated structures and other improvements to permitted off-
site locations, or both;
(xiii) Physical relocation of individual structures where FEMA has
no involvement in the relocation site selection or development;
(xiv) Granting of community-wide exceptions for floodproofed
residential basements meeting the requirements of 44 CFR 60.6(c) under
the National Flood Insurance Program;
(xv) Repair, reconstruction, restoration, elevation, retrofitting,
upgrading to current codes and standards, or replacement of any
facility in a manner that substantially conforms to the preexisting
design, function, and location; [SE, in part]
(xvi) Improvements to existing facilities and the construction of
small scale hazard mitigation measures in existing developed areas with
substantially completed infrastructure, when the immediate project area
has already been disturbed, and when those actions do not alter basic
functions, do not exceed capacity of other system components, or modify
intended land use; provided the operation of the completed project will
not, of itself, have an adverse effect on the quality of the human
environment;
(xvii) Actions conducted within enclosed facilities where all
airborne emissions, waterborne effluent, external radiation levels,
outdoor noise, and solid and bulk waste disposal practices comply with
existing Federal, state, and local laws and regulations;
(xviii) The following planning and administrative activities in
support of emergency and disaster response and recovery:
(A) Activation of the Emergency Support Team and convening of the
Catastrophic Disaster Response Group at FEMA headquarters;
(B) Activation of the Regional Operations Center and deployment of
the Emergency Response Team, in whole or in part;
(C) Deployment of Urban Search and Rescue teams;
(D) Situation Assessment including ground and aerial
reconnaissance;
(E) Information and data gathering and reporting efforts in support
of emergency and disaster response and recovery and hazard mitigation;
and
(xix) The following emergency and disaster response, recovery and
hazard mitigation activities under the Stafford Act:
(A) General Federal Assistance (Sec. 402); [SE]
(B) Essential Assistance (Sec. 403); [SE]
(C) Debris Removal (Sec. 407) [SE]
(D) Temporary Housing (Sec. 408), except locating multiple mobile
homes or other readily fabricated dwellings on sites, other than
private residences, not previously used for such purposes;
(E) Unemployment Assistance (Sec. 410);
(F) Individual and Family Grant Programs (Sec. 411), except for
grants that will be used for restoring, repairing or building private
bridges, or purchasing mobile homes or other readily fabricated
dwellings;
(G) Food Coupons and Distribution (Sec. 412);
(H) Food Commodities (Sec. 413);
(I) Legal Services (Sec. 415);
(J) Crisis Counseling Assistance and Training (Sec. 416);
(K) Community Disaster Loans (Sec. 417);
(L) Emergency Communications (Sec. 418);
(M) Emergency Public Transportation (Sec. 419);
(N) Fire Suppression Grants (Sec. 420); and
(O) Federal Emergency Assistance (Sec. 502) [SE].
(3) Extraordinary circumstances. If extraordinary circumstances
exist within an area affected by an action, such that an action that is
categorically excluded from NEPA compliance may have a significant
adverse environmental impact, an environmental assessment shall be
prepared. Extraordinary circumstances that may have a significant
environmental impact include:
(i) Greater scope or size than normally experienced for a
particular category of action;
(ii) Actions with a high level of public controversy;
(iii) Potential for degradation, even though slight, of already
existing poor environmental conditions;
(iv) Employment of unproven technology with potential adverse
effects or actions involving unique or unknown environmental risks;
(v) Presence of endangered or threatened species or their critical
habitat, or archaeological, cultural, historical or other protected
resources;
(vi) Presence of hazardous or toxic substances at levels which
exceed Federal, state or local regulations or standards requiring
action or attention;
(vii) Actions with the potential to affect special status areas
adversely or other critical resources such as wetlands, coastal zones,
wildlife refuge and wilderness areas, wild and scenic rivers, sole or
principal drinking water aquifers;
(viii) Potential for adverse effects on health or safety; and
(ix) Potential to violate a Federal, State, local or tribal law or
requirement imposed for the protection of the environment.
(x) Potential for significant cumulative impact when the proposed
action is combined with other past, present and reasonably foreseeable
future actions, even though the impacts of the proposed action may not
be significant by themselves.
(4) Documentation. The Regional Director will prepare and maintain
an administrative record of each proposal that is determined to be
categorically excluded from the preparation of an environmental impact
statement or an environmental assessment.
(5) Revocation. The Regional Director shall revoke a determination
of categorical exclusion and shall require a full environmental review
if, subsequent to the granting an exclusion, the Regional Director
determines that due to changes in the proposed action or in light of
new findings, the action no longer meets the requirements for a
categorical exclusion.
(6) Changes to the list of exclusion categories.
(i) The FEMA list of exclusion categories will be continually
reviewed and refined as additional categories are
[[Page 4232]]
identified and experience is gained in the categorical exclusion
process. An office, directorate, or administration of FEMA may, at any
time, recommend additions or changes to the FEMA list of exclusion
categories.
(ii) Offices, directorates, and administrations of FEMA are
encouraged to develop additional categories of exclusions necessary to
meet their unique operational and mission requirements.
(iii) If an office, directorate, or administration of FEMA proposes
to change or add to the list of exclusion categories, it shall first:
(A) Obtain the approval of the Environmental Officer and the Office
of the General Counsel; and
(B) Publish notice of such proposed change or addition in the
Federal Register at least 60 days before the effective date of such
change or addition.
(e) Actions that normally require an environmental assessment. When
a proposal is not one that normally requires an environmental impact
statement and does not qualify as a categorical exclusion, the Regional
Director shall prepare an environmental assessment.
Dated: January 26, 1996.
Harvey G. Ryland,
Deputy Director.
[FR Doc. 96-2087 Filed 2-2-96; 8:45 am]
BILLING CODE 6718-01-P
