[Federal Register Volume 78, Number 141 (Tuesday, July 23, 2013)]
[Notices]
[Pages 44138-44140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17702]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[Docket No. USCG-2013-0339]
National Environmental Policy Act; Implementing Procedures;
Addition of Categorical Exclusion for Real Property Disposal
AGENCY: Coast Guard, DHS.
ACTION: Notice of the addition of one new categorical exclusion to the
United States Coast Guard and Department of Homeland Security NEPA
implementing procedures.
-----------------------------------------------------------------------
SUMMARY: This notice announces the addition of a new Categorical
Exclusion (CATEX) for Real Property Disposal under the National
Environmental Policy Act (NEPA). This CATEX amends the United States
Coast Guard and Department of Homeland Security NEPA implementing
procedures by establishing a new CATEX for real property disposal
undertaken by the United States Coast Guard. With this CATEX, the Coast
Guard will be able to
[[Page 44139]]
dispose of real property under certain authorities without preparing an
environmental assessment or environmental impact statement.
DATES: The categorical exclusion is effective July 23, 2013.
FOR FURTHER INFORMATION CONTACT: To obtain a copy of the new
categorical exclusion contact Ms. Kebby Kelly, Office of Environmental
Management (CG-47), U.S. Coast Guard; telephone 202-475-5690, email:
[email protected].
Viewing the supporting material: To view the supporting material
for the establishment of this CATEX, go to http://www.regulations.gov,
and follow the instructions on that Web site. 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. The Coast Guard has an agreement with the
Department of Transportation to use the Docket Management Facility.
SUPPLEMENTARY INFORMATION:
Background
DHS and the Coast Guard determined that a new Categorical Exclusion
(CATEX) for real property disposal was needed to cover two new real
property disposal authorities that are specific to the Coast Guard. The
use of this new CATEX within DHS will be limited to USCG real property
disposal activities. 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 real 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 the Department of Homeland Security (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 now adds 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.
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
this 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 now add this new real property disposal CATEX for these
types of actions that experience has shown do not have significant
environmental impacts in order to carry out the Coast Guard's 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
will 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 support this new CATEX for the disposal of real property
(including facilities) by the Coast Guard. Descriptions of the other
agency 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.
A Federal Register notice of availability and request for comments
was published on May 17, 2013 (78 FR 29145). No comments were received
by the end of the comment period on June 17, 2013. To view documents
online relating to this categorical exclusion, 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. The Coast Guard has an agreement with the
Department of Transportation to use the Docket Management Facility.
Categorical Exclusion
The following Coast Guard-specific CATEX is added 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,
[[Page 44140]]
and in the DHS Environmental Planning Program Directive 023-01 (71 FR
16790):
* Disposal of real property (including facilities) by the USCG
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.
This notice is issued under authority of: 5 U.S.C. 552(a); 42
U.S.C. 4321 et seq.; 40 CFR 1500-1508; Department of Homeland Security
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: July 17, 2013.
Albert Curry,
U.S. Coast Guard, Acting Assistant Commandant for Engineering and
Logistics, Commandant (CG-4d).
[FR Doc. 2013-17702 Filed 7-22-13; 8:45 am]
BILLING CODE 9110-04-P