[Federal Register Volume 60, Number 172 (Wednesday, September 6, 1995)]
[Notices]
[Page 46327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22026]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
[CGD 95-064]
National Environmental Policy Act: Agency Procedures for
Categorical Exclusions
AGENCY: Coast Guard, DOT.
ACTION: Notice of agency policy.
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SUMMARY: The Coast Guard is announcing a change to its policy
concerning agency actions that are categorically excluded from
additional environmental analysis under the National Environmental
Policy Act (NEPA). The change concerns operations to carry out maritime
safety, maritime law enforcement, search and rescue, domestic ice
breaking, and oil or hazardous substance removal programs.
FOR FURTHER INFORMATION CONTACT:
Mr. David Reese, Environmental Compliance and Restoration Branch, (202)
267-1942.
SUPPLEMENTARY INFORMATION:
Background
Under regulations implementing the National Environmental Policy
Act (NEPA) (40 CFR parts 1500 through 1508), each Federal agency is
required to adopt procedures to supplement those regulations (40 CFR
1507.3). The Coast Guard's procedures and policies are published as a
Commandant instruction entitled, ``National Environmental Policy Act
Implementing Procedures and Policy for Considering Environmental
Impacts'' (COMDTINST M16475.1B). On July 29, 1994, the Coast Guard
published a notice in the Federal Register (59 FR 38654) announcing the
revision of section 2.B.2 of the instruction. Section 2.B.2 lists the
proposed agency actions that are categorically excluded from the
requirement that the actions undergo the analysis that accompanies
preparation of an Environmental Assessment (EA) or Environmental Impact
Statement (EIS).
Discussion of Change
The Coast Guard is amending section 2.B.2.e.(22) (the section) of
COMDTINST M16475.1B, which categorically excludes operations to carry
out maritime safety, maritime law enforcement, search and rescue,
domestic ice breaking, and oil or hazardous substance removal programs
that have been the subject of a programmatic NEPA analysis and
documentation. It is being amended to remove the phase ``that have been
the subject of a programmatic NEPA analysis and documentation.''
A review of the implementation of the section disclosed that the
phrase ``that have been the subject of a programmatic NEPA analysis and
documentation'' imposes a requirement for a specific level of NEPA
analysis and documentation (i.e., a programmatic level) that may not be
necessary or appropriate for the actions included in the section. By
removing the phrase, the Coast Guard can eliminate unnecessary
documentation and provide itself flexibility in determining the
appropriate means of complying with NEPA for the listed activities. By
removing the phrase, the Coast Guard will have the flexibility to use
the section, a programmatic EA or EIS, or an EA or EIS for the specific
activity, depending on the nature of the activity being planned. This
change also brings the section more in line with the stated purpose and
intent of NEPA and the Council on Environmental Quality regulations,
which include the requirement in 40 CFR part 1500.4(p) to reduce
excessive paperwork by using categorical exclusions to define
categories of actions which do not individually or cumulatively have a
significant effect on the human environment. This change does not
effect the Coast Guard's responsibility to comply fully with NEPA
before engaging in an activity listed in the section. It can be applied
only if there are no extraordinary circumstances, as described in
section 2.B.2.b., that would limit its use.
For the reasons set out in the preamble, the Coast Guard announces
the following amendment to section 2.B.2.e.(22) of COMDTINST M16475.1B:
2.B.2.e. Categorical Exclusion List
* * * * *
(22) Operations to carry out maritime safety, maritime law
enforcement, search and rescue, domestic ice breaking, and oil or
hazardous substance removal programs.
* * * * *
Dated: August 30, 1995.
RADM Edward J. Barrett,
Chief, Office of Engineering Logistics and Development.
[FR Doc. 95-22026 Filed 9-5-95; 8:45 am]
BILLING CODE 4910-14-M
