[Federal Register Volume 64, Number 149 (Wednesday, August 4, 1999)]
[Notices]
[Pages 42340-42341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20032]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 980817219-8219-01. I.D. 073099A]
RIN 0648-AL58
Procedures Implementing the National Environmental Policy Act
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of Availability; final revised environmental review
procedures for NOAA.
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SUMMARY: This document announces the availability of final revised
environmental review procedures for implementing the National
Environmental Policy Act (NEPA) within the National Oceanic and
Atmospheric Administration. The revisions update the agency's original
procedures published in 1984, based on changing Agency direction, laws,
and public concerns. The revisions reflect new initiatives and mandates
for NOAA, particularly involving the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), Endangered
Species Act, and Marine Mammal Protection Act. The revisions provide
information on preparing NEPA documents and streamlining of NEPA and
other analyses or documents within NOAA.
DATES: September 3, 1999.
FOR FURTHER INFORMATION CONTACT: Ramona Schreiber or Steve Kokkinakis,
Office of Policy and Strategic Planning, 202-482-5181. A copy of the
final revised NOAA Administrative Order (NAO) 216-6 is available from
the contacts listed here or via the Internet at: http://
www.rdc.noaa.gov/nao/216-6.html.
SUPPLEMENTARY INFORMATION: NOAA's existing environmental review
procedures for implementing NEPA appear in NAO 216-6. These procedures
are consistent with the Council on Environmental Quality's (CEQ)
regulations for implementing NEPA. NOAA's procedures were last revised
in 1991. Consistent with CEQ regulation (40 CFR 1507.3(a)), NOAA
published a Notice of Availability in the Federal Register on October
28, 1998 (FR 57664). That document announced the availability of draft
revisions to NAO 216-6. Three sets of public comments were received and
considered in the preparation of the final revised NAO 216-6. No
modifications to the draft guidelines were necessary as a result of the
comments received. NOAA has also consulted with CEQ prior to finalizing
the revised NAO 216-6.
Comments and Responses
Comment 1: Two comments recommended that NOAA make its procedures
regarding Endangered Species Act (ESA)-related categorical exclusions
consistent with those of the U.S. Fish and Wildlife Service (USFWS).
Specifically, USFWS authorizes categorical exclusions for conservation
agreements that require an incidental take statement; the commenter
suggests that NOAA do the same. In addition, one comment suggested that
NOAA align its overall ESA-related guidelines to match USFWS guidance.
Response: NOAA recognizes that its guidance regarding conservation
agreements differs slightly from that of the USFWS. NOAA's procedures
describe cases where an incidental take statement for a conservation
agreement may receive a categorical exclusion, when the statement is
considered to be a ``low-effect''. In those cases a categorical
exclusion may be appropriate. Requirement of an environmental
assessment for those conservation agreements that receive an incidental
take statement for a greater effect is consistent with NOAA's ESA
implementation guidelines. A modification of NOAA's procedures was not
considered appropriate. NOAA coordinates with USFWS on many actions,
however each agency has its independent policies. Thus, NOAA and USFWS
may provide differing guidance
[[Page 42341]]
on certain actions in line with each agency's policy position.
Comment 2: A comment recommended that to facilitate public
involvement, a mechanism should be provided to extend the 45-day public
comment period when appropriate.
Response: NOAA recognizes that in some cases comment periods for
review of draft environmental impact statements (EIS) should be
extended beyond the minimum required 45-day period. NOAA's procedures
recommend that this action be taken when appropriate. A mechanism to
extend a comment period exists through notice of extensions via a
publication of a notice of availability in the Federal Register.
Comment 3: A comment suggested that NOAA's procedures require
consideration of impacts on state Coastal Zone Management Plans,
species listed under the Endangered Species Act, and essential fish
habitat as defined by the Magnuson-Stevens Act be a required part of an
EIS.
Response: NOAA agrees that these areas should be considered in the
development of an EIS. In fact, NOAA's procedures identify these and
other factors as areas that should be considered in scoping. Where
scoping identifies these areas as relevant to the specific action,
these factors should be addressed within the EIS.
Comment 4: A comment stated that there is not adequate emphasis for
the need to produce NEPA documents concurrently with other review
documents.
Response: NOAA's procedures provide recommendations to integrate
NEPA into NOAA's decisionmaking process. In addition, the procedures
recommend measures to cooperate with other federal, state and tribal
partners to reduce duplication in document preparation.
Comment 5: A comment suggested that the examples cited for the
application of generic NEPA documents are inappropriate.
Response: The examples identified in the procedures are
representative of actions by other Federal agencies that have completed
generic NEPA documents or of actions that NOAA believes, in certain
instances, could be best addressed in a generic EIS. Where a specific
action was under review, a generic EIS would not be appropriate and
NOAA would complete an EIS specific to that action with adequate review
of all potential impacts.
The revisions are administrative and procedural improvements
intended to enhance NOAA's ability to comply with a variety of
legislative mandates and Executive Orders without unnecessarily
delaying and duplicating steps in the decision-making process while
ensuring public involvement in decisionmaking. These improvements will
result in a better understanding of agency roles and responsibilities
relative to NEPA.
Notable changes in this version of NAO-216-6 from the 1991
procedures include: reorganization of the document such that users can
review the general requirements for preparing NEPA documents, as well
as specific guidance on NEPA requirements for particular programs and
activities within NOAA; incorporation of new policies and procedures to
streamline and improve NOAA's NEPA compliance; specific guidance for
NOAA's NEPA responsibilities under the Magnuson-Stevens Act, Endangered
Species Act, Marine Mammal Protection Act, and Oil Pollution Act; and
incorporation of NOAA's requirements under E.O. 12898 for Environmental
Justice in Minority Populations and Low-Income Populations, E.O. 13112
for Invasive Species, and E.O. 13089 for Coral Reef Protection; and
guidance on NOAA facilities and construction projects.
This document is available by request through the contact
identified previously as well as via the Internet at: http://
www.rdc.noaa.gov/nao/216-6.html.
Classification
This action has been determined to be not significant for purposes
of Executive Order 12866.
The Assistant General Counsel for Legislation and Regulation
certified to the Chief Counsel for Advocacy, Small Business
Administration, that this rule will not have a significant economic
impact on a substantial number of small entities because it is a
procedural rule, and it will have no economic impact on entities.
Therefore, a Regulatory Flexibility Analysis is not required and was
not prepared.
Dated: July 27, 1999.
Susan Fruchter,
Director, Office of Policy and Strategic Planning, National Oceanic and
Atmospheric Administration.
[FR Doc. 99-20032 Filed 8-3-99; 8:45 am]
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