[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Notices]
[Pages 29145-29147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11867]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2013-0339]
Request for Public Comment on New Proposed Categorical Exclusion
for Real Property Disposal Under the National Environmental Policy Act
AGENCY: Coast Guard, DHS.
ACTION: Notice of availability and request for comments.
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SUMMARY: This is a notice and request for comments on a Proposed New
Categorical Exclusion for Real Property Disposal. This proposal would
amend the Coast Guard Commandant Instruction and Department of Homeland
Security Directive used to comply with the National Environmental
Policy Act by establishing a new categorical exclusion (CATEX) for real
property disposal undertaken by the United States Coast Guard. The
Coast Guard seeks comments on this proposed CATEX.
DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before June 17, 2013
or reach the Docket Management Facility by that date.
ADDRESSES: You may submit comments identified by docket number USCG-
2013-0339 using any one of the following methods:
(1) Federal eRulemaking Portal: http://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Ms. Kebby Kelly, United States Coast Guard Office of
Environmental Management; telephone 202-475-5690, email
[email protected]. If you have questions on viewing or submitting
material to the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to submit comments and related material on the
proposed new Coast Guard Categorical Exclusion (CATEX) for real
property disposal. All comments received will be posted without change
to http://www.regulations.gov and will include any personal information
you have provided.
Submitting comments: If you submit a comment, please include the
docket number for this notice (USCG-2013-0339) and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online, or by fax, mail or hand delivery, but please use only
one of these means. We recommend that you include your name and a
mailing address, an email address, or a telephone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
To submit your comment online, go to http://www.regulations.gov,
insert (USCG-2013-0339) in the Search box, look for this notice in the
docket and click the comment button next to it. If
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you submit your comments by mail or hand delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period.
Viewing comments and supporting material: To view comments, go to
http://www.regulations.gov, insert (USCG-2013-0339) in the Search box,
then click on the ``Open Docket Folder'' option. If you do not have
access to the internet, you may view the docket by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. We have an agreement with the Department of
Transportation to use the Docket Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Background
The Coast Guard has determined that a new CATEX is needed to cover
two new real property disposal authorities specific to the Coast Guard.
In the past, the Coast Guard exclusively used the process established
by the General Services Administration (GSA) to dispose of excess real
property, unless specifically directed otherwise by Congress. Because
the Coast Guard previously worked through the GSA for property
disposal, the GSA was able to use its CATEX to fulfill obligations
under the National Environmental Policy Act (NEPA). Recently, Congress
passed two pieces of legislation that directly authorize DHS and the
Coast Guard to dispose of real property through sale and keep the
proceeds for use in specific Coast Guard programs.
Specifically, the Coast Guard has been granted authority to dispose
of property previously used for Long Range Navigation (Loran-C)
equipment. The Coast Guard has also been granted the authority to
dispose of real property in order to pay for military family and
military unaccompanied housing projects. The Coast Guard seeks to add a
CATEX that contains the same language as the GSA's CATEX that will
allow the Coast Guard to satisfy its NEPA obligations when disposing of
excess real property.
The Department of Homeland Security Appropriations Act, 2010 (Pub.
L. 111-83), authorizes the Coast Guard to sell any real and personal
property under the administrative control of the Coast Guard and used
for the Loran-C system, by directing the Administrator of GSA to sell
such real and personal property. This is allowed, provided that the
proceeds, less the costs of sale incurred by the GSA, shall be
deposited as offsetting collections into the ``Coast Guard
Environmental Compliance and Restoration'' account and, subject to
appropriation, shall be available until expended for environmental
compliance and restoration purposes associated with the Loran-C system.
Additionally, Congress passed 14 U.S.C. 685, Conveyance of Real
Property (January 7, 2011), which states that notwithstanding any other
provision of law, the Secretary of the respective department in which
the Coast Guard is operating (Secretary) may convey, at fair market
value, real property, owned or under the administrative control of the
Coast Guard, for the purpose of expending the proceeds from such
conveyance to acquire and construct military family housing and
military unaccompanied housing. The conveyance of real property under
this section shall be by sale, for cash. The Secretary shall deposit
the proceeds from the sale in the Coast Guard Housing Fund.
This proposal is to add the following Coast Guard-specific CATEX to
the existing list of CATEXs published in Coast Guard Commandant
Instruction 16475.1D, National Environmental Policy Act Implementing
Procedures and Policy for Considering Environmental Impacts, and to the
DHS Environmental Planning Program Directive 023-01 (71 FR 16790):
*[L64] Disposal of real property (including facilities) by the Coast
Guard where the reasonably foreseeable use will not change
significantly or where the reasonably foreseeable use is similar to
existing surrounding properties (e.g. commercial store in a
commercial strip, warehouse in an urban complex, office building in
downtown area, row house or vacant lot in an urban area).
The asterisk (*) indicates application of this CATEX requires the
completion of an environmental review of the proposed disposal action
documented in a Record of Environmental Consideration to ensure
extraordinary circumstances have been appropriately considered. The
availability of this CATEX does not exempt the applicability of other
environmental requirements such as, but not limited to, section 7 of
the Endangered Species Act, section 106 of the National Historic
Preservation Act, and the Migratory Bird Treaty Act. These requirements
must be met regardless of the applicability of this CATEX under NEPA.
The Council on Environmental Quality (CEQ) guidance entitled,
``Establishing, Applying, and Revising Categorical Exclusions under the
National Environmental Policy Act'' (February 18, 2010) encourages
agencies to establish new CATEXs and revise existing CATEXs to
eliminate unnecessary paperwork and effort reviewing the environmental
effects of categories of actions that, absent extraordinary
circumstances, do not have significant environmental effects. Without a
CATEX for real property disposal, DHS and the Coast Guard would have to
prepare an Environmental Assessment for every action of this type,
including those that experience has shown do not typically have the
potential for significant environmental impacts. Therefore, DHS and the
Coast Guard need a CATEX for these types of actions that experience has
shown do not have significant environmental impacts in order to carry
out its new legislative authorities in a timely and efficient manner.
The CEQ guidance also states that when substantiating a new or
revised CATEX, agencies can draw on several sources of supporting
information. These sources include professional staff and expert
opinion and benchmarking other agencies' experiences. Through a review
of other agencies' NEPA procedures, the Coast Guard and DHS found that
numerous other Federal agencies have CATEXs for real property disposal
activities that are sufficiently descriptive of the activity as to
establish that those activities were similar in nature, scope, and
impact on the human environment as those real property disposals that
would be performed by the Coast Guard. In addition, all Federal
agencies, with very few exceptions, must meet the same requirements to
protect the environment.
Particular agency CATEXs examined by the Coast Guard include those
used by the GSA and the Department of the Army. DHS also received
expert opinions from NEPA practitioners at GSA and the Department of
the Army that supports this proposed new CATEX for the disposal of real
property (including facilities) by the Coast Guard. Descriptions of the
other agency
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CATEXs (with hyperlinks) and expert opinions obtained are provided in
the administrative record available at http://www.regulations.gov by
searching docket number USCG-2013-0339.
This notice is issued under authority of: 5 U.S.C. 552(a); 42
U.S.C. 4321 et seq.; 40 CFR parts 1500-1508; Department of Homeland
Security Management Directive 023-01 Environmental Planning Program;
and United States Coast Guard Commandant Instruction M16475.1D,
National Environmental Policy Act Implementing Procedures and Policy
for Considering Environmental Impacts.
Dated: May 13, 2013.
J. Smith,
Chief, Office of Environmental Management, U.S. Coast Guard.
[FR Doc. 2013-11867 Filed 5-16-13; 8:45 am]
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