[Federal Register Volume 60, Number 50 (Wednesday, March 15, 1995)]
[Proposed Rules]
[Pages 13928-13929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6366]
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DEPARTMENT OF AGRICULTURE
Rural Housing and Community Development Service
Rural Business and Cooperative Development Service
Rural Utilities Service
Consolidated Farm Service Agency
7 CFR Part 1940
RIN 0575-AB66
Environmental Program
AGENCIES: Rural Housing and Community Development Service, Rural
Business and Cooperative Development Service, Rural Utilities Service,
and Consolidated Farm Service Agency, USDA.
ACTION: Proposed rule.
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SUMMARY: The Agencies propose to revise their Environmental regulation.
This action is necessary to streamline the environmental review
process. The intended effect of this action is to provide guidance on
sending individual copies of notices to affected property owners when
utility systems are involved.
DATES: Comments must be received on or before May 15, 1995.
ADDRESSES: Submit written comments in duplicate to the office of the
Chief, Regulations Analysis and Control Branch, Rural Economic and
Community Development, U.S. Department of Agriculture, Room 6348, South
Agriculture Building, 14th Street and Independence Avenue SW.,
Washington, D.C. 20250-0700.
FOR FURTHER INFORMATION CONTACT: Donald O. Lander, Senior Environmental
Protection Specialist, Environmental Support Branch, Program Support
Staff, Rural Housing and Community Development Service, U.S. Department
of Agriculture, Room 6309, South Agriculture Building, 14th Street and
Independence Avenue SW., Washington, D.C. 20250-0700; telephone (202)
720-9619.
SUPPLEMENTARY INFORMATION:
Classification
We are issuing this proposed rule in conformance with Executive
Order 12866, and the Office of Management and Budget (OMB) has
determined that it is a ``significant regulatory action''.
Intergovernmental Consultation
This rule affects the following Agency programs as listed in the
Catalog of Federal Domestic Assistance (CFDA):
10.760--Water and Waste Disposal Systems for Rural Communities
10.762--Solid Waste Management Grants
10.763--Emergency Community Water Assistance Grants
10.766--Community Facilities Loans
10.770--Water and Waste Disposal Loans and Grants (Section 306C)
Executive Order 12372 requires intergovernmental consultation with
State and local officials. Of the FmHA programs affected by this rule,
the following are subject to the provisions of Executive Order 12372:
10.760, 10.763, 10.766, and 10.770.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
602), the undersigned has determined and certified by signature of this
document that this rule will not have a significant economic impact on
a substantial number of small entities since this rulemaking action
does not involve a new or expanded program. Therefore a regulatory
flexibility analysis was not prepared.
Civil Justice Reform
This document has been reviewed in accordance with Executive Order
12778. It is the determination of the Agencies that this action does
not unduly burden the Federal Court System in that it meets all
applicable standards provided in Section 2 of the Executive Order.
Environmental Impact Statement
This document has been reviewed in accordance with 7 CFR part 1940,
subpart G, ``Environmental Program.'' The Agencies have determined that
this action does not constitute a major Federal action significantly
affecting the quality of the human environment, and in accordance with
the National Environmental Policy Act of 1969, Pub. L. 91-190, an
Environmental Impact Statement is not required.
Paperwork Reduction Act
The information collection requirements contained in this
regulation have been approved by the Office of Management and Budget
(OMB) under the provisions of 44 U.S.C. Chapter 35 and have been
assigned OMB control number 0575-0094 in accordance with the Paperwork
Reduction Act of 1980 (44 U.S.C. 3507). This proposed rule does not
revise or impose any new information collection or recordkeeping
requirement from those imposed by OMB.
Background
Section 1940.331 describes the public notice requirements for
actions undergoing an environmental review by the Agencies.
In Sec. 1940.331(b)(4) there has been confusion about identifying
the names and mailing addresses of individual property owners who may
be affected by a project when large areas of important land resources
may be affected. This confusion has caused delays and added expense in
the preparation and review of Class I and Class II environmental
assessments for those projects.
The regulation is proposed to be revised to allow the State
Environmental Coordinator to select the methods for notifying affected
property owners, and to provide examples of some other methods that may
be considered.
[[Page 13929]]
List of Subjects in 7 CFR Part 1940
Endangered and threatened wildlife, Environmental protection,
Floodplains, National Wild and Scenic Rivers System, Natural resources,
Recreation, Water supply.
Accordingly, the Agencies propose to amend chapter XVIII, title 7,
Code of Federal Regulations as follows.
PART 1940--GENERAL
1. The authority citation for part 1940 continues to read as
follows:
Authority: 7 U.S.C. 1989; 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR
2.23 and 2.70.
Subpart G--Environmental Program
2. Section 1940.331 is amended by revising paragraph (b)(4) to read
as follows:
1940.331 Public involvement.
* * * * *
(b) * * *
(4) The public notice procedures for actions that will affect
floodplains, wetlands, important farmland, prime rangelands, or prime
forest lands are contained in exhibit C of this subpart. These
procedures apply to actions that require either an EIS, Class II
assessment or Class I assessment. However, whenever an action normally
classified as a categorical exclusion requires a Class I assessment
because of a potential impact to one of these important land resources,
no public notice procedures apply in the course of completing the Class
I assessment. When applicable to an action, as specified in exhibit C
of this subpart, these public notice procedures can apply at two
distinct stages. The first stage, a preliminary notice, is followed by
a 30 day public review period, and applies to actions that may impact
any of the five important land resources. The second stage, a final
notice, is followed by a fifteen-day public review period, and applies
only to actions that will impact floodplains or wetlands. For Class II
actions, this final notice procedure must be combined with any
applicable finding of no significant environmental impact, which is
described in paragraph (b)(3) of this section. Individual copies of the
preliminary and final notices will be sent to the same parties that are
required to be sent a notice of a finding of no significant impact, as
specified in paragraph (b)(3) of this section, with the following
exceptions:
(i) Whenever property owners affected by proposed mitigation
measures, such as proposed hook-up restrictions on portions of water or
sewer lines that will traverse floodplains, are advised of these
proposed mitigation measures in a preliminary notice, these property
owners need not be sent copies of the final notice as long as the
mitigation measures in the final notice are unchanged from the
preliminary notice and no property owners raised objections or concerns
over the proposed mitigation measures.
(ii) With respect to utility systems, notification of affected
property owners will normally be achieved by distributing an individual
copy of the public notice. However, when the SEC determines that this
method would result in an excessive burden on the applicant,
notification may be achieved by another method or a combination of
methods tailored to the specific needs of the particular case. For
example, in lieu of being individually identified, affected property
owners may be notified by a mass mailing to all of the taxpayers in
each of the taxing areas through which the system will pass. On the
other hand, if the system traverses coterminous taxing areas, with the
smaller area not completely describing the service area of the utility
system, affected property owners might be notified by a mass mailing to
the small taxing area plus identifying the remaining affected property
owners to receive an individual copy. The objective is to notify all
property owners affected by the action and offer them an opportunity to
comment on the action. If affected property owners are not individually
notified, the SEC shall document as part of the environmental review
file, why individual notification is not being used and what other
methods will be used to achieve the stated objective.
* * * * *
Dated: February 27, 1995.
Michael V. Dunn,
Acting Under Secretary for Rural Economic and Community Development.
[FR Doc. 95-6366 Filed 3-14-95; 8:45 am]
BILLING CODE 3410-07-U
