Federal Register / Vol. 65, No. 12 / Wednesday, January 19, 2000 / Notices 2977

Dated: January 11, 2000.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory

Committee Policy.

[FR Doc. 00–1147 Filed 1–18–00; 8:45 am]

BILLING CODE 4140–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

National Institutes of Health

Center for Scientific Review; Notice of

Closed Meeting

Pursuant to section 10(d) of the

Federal Advisory Committee Act, as

amended (5 U.S.C. Appendix 2), notice

is hereby given of the following

meeting.

The meeting will be closed to the

public in accordance with the

provisions set forth in sections

552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,

as amended. The grant applications and

the discussions could disclose

confidential trade secrets or commercial

property such as patentable material,

and personal information concerning

individuals associated with the grant

applications, the disclosure of which

would constitute a clearly unwarranted

invasion of personal privacy.

Name of Committee: Center for Scientific

Review Special Emphasis Panel.

Date: January 10, 2000.

Time: 2 PM to 4 PM.

Agenda: To review and evaluate grant

applications.

Place: NIH, Rockledge 2, Bethesda, MD

20892, (Telephone Conference Call).

Contact Person: H. Mac Stitles, DDS, PHD,

MPH, Scientific Review Administrator,

Center for Scientific Review, National

Institutes of Health, 6701 Rockledge Drive,

Room 4108, MSC 7816, Bethesda, MD 20892,

(301) 435–1785.

This notice is being published less than 15

days prior to the meeting due to the timing

limitations imposed by the review and

funding cycle.

(Catalogue of Federal Domestic Assistance

Program Nos. 93.306, Comparative Medicine,

93.306; Clinical Research, 93.333, 93.337,

93.393–93.396, 93.837–93.844, 93.846–

93.878, 93.892, 93.893, National Institutes of

Health, HHS)

Dated: January 5, 2000.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory

Committee Policy.

[FR Doc. 00–1152 Filed 1–18–00; 8:45 am]

BILLING CODE 4140–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

National Institutes of Health

Establishment by the National

Institutes of Health of Categorical

Exclusions Under the National

Environmental Policy Act

AGENCY: National Institutes of Health,

DHHS.

ACTION: Notice of establishment by the

NIH of categorical exclusions under the

National Environmental Policy Act.

SUMMARY: The NIH is establishing

procedures governing compliance with

the National Environmental Policy Act

of 1969 and the Council on

Environmental Quality’s implementing

regulations. This notice lists the

categories of actions taken by the NIH

that normally do not require the

preparation of either an environmental

impact statement or an environmental

assessment under the National

Environmental Policy Act. This list has

been prepared in accordance with the

Council on Environmental Quality’s

regulations and with Chapter 30 of the

Department of Health and Human

Services (DHHS) General

Administration Manual (GAM). These

exclusions apply to all NIH

organizations and activities.

DATES: These categorical exclusions are

effective January 19, 2000.

FOR FURTHER INFORMATION CONTACT:

Joseph G. Hugo, P.E., Chief, Pollution

Control Section, Division of Safety,

Office of Research Services, National

Institutes of Health, Building 13, Room

2W64, Bethesda, Maryland 20892.

Telephone 301–496–7775, FAX 301–

480–8056, E-mail Address:

jgh@helix.nih.gov.

SUPPLEMENTARY INFORMATION:

I. Background

In an August 20, 1999, Federal

Register notice (64 FR 45558), the NIH

published for comment the agency’s

proposed categorical exclusions for

actions taken by the NIH that the agency

has determined do not individually or

cumulatively have a significant effect on

the quality of the human environment.

The NIH also submitted its proposed

categorical exclusions to the Council on

Environmental Quality (CEQ) for its

review and comment. The National

Environmental Policy Act of 1969

(NEPA), as amended, 42 U.S.C. 4321 et

seq., and CEQ’s regulations

implementing NEPA, 40 CFR Parts

1500–1508, mandate that agencies

perform environmental reviews of their

actions. CEQ’s regulations also require

that agencies establish procedures

governing categories of actions that are

normally excluded from NEPA review

because they do not individually or

cumulatively have a significant effect on

the human environment. 40 CFR 1508.4.

After reviewing the types of actions

that it takes, the NIH is providing notice

of the actions that will normally be

categorically excluded from further

environmental review because

individually and cumulatively they will

not have a significant effect on the

human environment. If a proposed

action is included in one of the

categories but extraordinary

circumstances as described in section D

of this notice apply, an environmental

review will be performed.

II. Comments on the Proposed

Categorical Exclusions

The NIH received one comment on its

proposed categorical exclusions. CEQ

did not provide any comments. A

nonprofit animal advocacy group raised

a concern with one of the NIH’s

proposed functional exclusions, which

applied to, ‘‘The identification,

collection, testing, and distribution of

substances and living organisms for

research purposes.’’ The commentator

was concerned that the terms

‘‘substances’’ and ‘‘living organisms’’

are unacceptably vague and that this

proposed exclusion could be read to

exclude from environmental review the

collection and distribution of animals.

The comment cited an estimate by the

United States Department of

Agriculture/Animal Plant Health

Inspection Service that 17 to 22 million

animals are used in research each year

and indicated that the action of

collecting and distributing this many

animals would have a cumulative effect

on the human environment.

The NIH’s intent in establishing this

exclusion was primarily to exclude from

NEPA review agency actions involving

the collection and distribution of

materials and reagents used in the

research of human diseases or those

which may contain unknown or

unstudied constituents that could prove

useful in the diagnosis and/or treatment

of human disease(s). The NIH did not

intend this exclusion to cover all actions

involving animals. Consistent with the

concerns about vagueness, the proposed

categorical exclusion has been rewritten

to clarify what actions it covers. The

revised exclusion states: ‘‘The

identification, collection, testing, and

distribution of chemicals, drugs,

biologicals, plants or plant derivatives,

microorganisms, and/or cell cultures for

use in the research, diagnosis, and/or

treatment of human diseases.’’ This

2978 Federal Register / Vol. 65, No. 12 / Wednesday, January 19, 2000 / Notices

exclusion is not intended to apply to the

collection or distribution of animals for

research purposes. Although the NIH

has rewritten the exclusion in response

to the comment to more clearly explain

which actions it covers, the NIH

believes that at least part of the

commentator’s concerns are based on a

misunderstanding of NIH actions. The

proposed exclusion, like all the

proposed exclusions, would apply only

to actions taken by the agency itself, not

to actions taken by other Federal

agencies or by any other party. Thus, the

comment’s reliance on an estimate of

the total number of animals used in

research each year by all researchers is

misplaced. Also, the commentator was

concerned that under the proposed

exclusion, ‘‘the NIH could exempt

threatened and endangered species

during all phases of research.’’ The NIH

recognizes that extraordinary

circumstances may require an

environmental review of an action

otherwise within a categorical

exclusion, and one of the extraordinary

circumstances proposed and retained in

this final list of categorical exclusions is

an action’s ‘‘Possible impact on an

endangered or threatened species.’’

The complete and final list of NIH’s

categorical exclusions established under

NEPA and CEQ’s implementing

regulations follows:

Contents

A. General exclusions

B. Functional exclusions

C. Program exclusions

D. Extraordinary circumstances

A. General Exclusions

Subject to a review for extraordinary

circumstances, NIH will not perform an

environmental review of actions

excluded by regulation from NEPA

review. NIH will also not perform an

environmental review of actions

categorically excluded from NEPA

review in DHHS GAM Chapter 30.

B. Functional Exclusions

The following actions are normally

excluded from NEPA review, subject to

a review for extraordinary

circumstances.

1. Routine administrative and

management support, including budget

and finance, planning, procurement of

supplies and services, management and

oversight of grants and other funding

instruments, legal counsel, public

affairs, program evaluation, travel, and

human resources management.

2. Maintenance, including repairs

necessary to ensure the operation of

existing facilities, grounds maintenance,

and the decontamination of laboratory

or other space and equipment.

3. Acquisition of space by lease and

modifications of leases, when the use of

the space will comply with all

applicable Federal, State, and local

laws, including all environmental

protection and zoning laws, and lease

extensions and terminations.

4. Relocation of employees into

existing Government-owned or

Government-leased space.

5. Facility planning and design.

6. Construction, or construction

pursuant to a lease, of 12,000 square feet

or less of occupiable space.

7. Interior construction and

renovation of NIH facilities.

8. The acquisition, sale, release,

disposal, abandonment, closure, or

transfer of real or personal property,

provided that the action does not violate

applicable Federal, State, or local laws,

including historical preservation laws.

9. Acquisition of equipment and the

repair or replacement of NIH-owned

equipment.

10. Acquisition, installation,

maintenance, and operation of utility

and communications systems, data

processing cables, and similar electronic

equipment.

11. Packaging, storage, and disposal of

hazardous substances, including lowlevel radioactive, medical, and chemical

waste materials generated by intramural

research activities, provided that the

waste is packed, stored, and disposed of

in compliance with all applicable

Federal, State, and local laws.

12. The identification, collection,

testing, and distribution of chemicals,

drugs, biologicals, plants or plant

derivatives, microorganisms, and/or cell

cultures for use in the research,

diagnosis, and/or treatment of human

diseases.

13. Research and training activities

that are conducted in NIH facilities: By

or under the supervision of NIH

employees; under the Stevenson-Wydler

Technology Innovation Act of 1980, as

amended, 15 U.S.C. 3701 et seq.; or in

accordance with 45 CFR part 9.

14. The issuance of revocable

licenses, use permits, and easements

allowing outside parties to use NIH

facilities.

15. Filing for, obtaining, licensing,

enforcing, and protecting intellectual

property rights arising from NIHconducted or NIH-supported research or

other activities.

16. Actions taken to comply with

requirements of applicable legislation or

regulations (e.g., meet emissions

requirements established pursuant to

Clean Air Act).

17. The preparation and submission

of proposals for legislation, or major

recommendations or reports to Congress

on proposals for legislation, that, based

on reasonable judgment, will not

establish or modify programs that will

have a significant effect on the quality

of the human environment.

18. The awarding, renewal,

suspension, termination, or

discontinuance of: Collaborative

research agreements, including

Cooperative Research and Development

Agreements (CRADA) established under

the Stevenson-Wydler Technology

Innovation Act of 1980, as amended, 15

U.S.C. 3701 et seq.; contracts;

cooperative agreements; grants; and

interagency agreements entered into by

the NIH pursuant to the Economy Act,

31 U.S.C. 1535. For those contracts,

cooperative agreements, grants, and

interagency agreements that involve

construction of more than 12,000 square

feet of occupiable space, recipients of

NIH funds must certify that they are in

compliance with all Federal, State, and

local environmental laws and must, as

prescribed by NIH, perform all

environmental reviews required by

NEPA, including preparing

environmental assessments and, if

necessary, environmental impact

statements, and submit these documents

to the NIH for review, approval and

adoption.

19. All actions undertaken in

preparing for and conducting litigation.

20. The collection, processing,

retention, evaluation and dissemination,

including publication, of data and other

information, including the acquisition

and management of resources necessary

to carry out those functions.

21. Proposing and adopting

guidelines.

22. Traffic management measures,

including the installation and operation

of traffic control and safety devices and

actions designed to control or reduce

the number of motor vehicles coming

onto the NIH Bethesda campus.

23. Actions taken to respond to public

health emergencies.

C. Program Exclusion

The DHHS procedures on

environmental review of agency actions

authorize the establishment of a

categorical exclusion for programs

within an agency that will not have a

significant effect on the human

environment. Actions taken by the

following NIH organizations and their

components are normally excluded from

NEPA review, subject to a review for

extraordinary circumstances. Actions

taken by any successor organizations to

those listed will also be categorically

excluded. Actions taken by

organizations of NIH not listed in this

Federal Register / Vol. 65, No. 12 / Wednesday, January 19, 2000 / Notices 2979

category may be included in other

categories of excluded actions.

1. Center for Information Technology.

2. Center for Scientific Review.

3. Fogarty International Center.

4. Office of Administration.

5. Office of Communications.

6. Office of Equal Opportunity.

7. Office of Education.

8. Office of Community Liaison.

9. Office of Loan Repayment and

Scholarship.

10. Office of Human Resources

Management.

11. Office of Financial Management.

12. Office of Technology Transfer.

13. Office of Program Coordination.

14. National Library of Medicine.

D. Extraordinary Circumstances

Consistent with CEQ’s regulations,

environmental review is required for all

NIH actions involving extraordinary

circumstances. Following are examples

of extraordinary circumstances that may

apply to specific NIH actions.

1. Greater scope or size than other

actions included within a category.

2. A threatened violation of a Federal,

State, or local law established for

protection of the environment or for

public health and safety.

3. Potential effects of the action are

unique or highly uncertain.

4. Potential effect on a protected or

ecologically sensitive area of land, like

a wetland or floodplain.

5. Possible impact on property that is

listed or eligible for listing on the

National Register of Historic Places or

that is otherwise of scientific, cultural,

or historic importance or interest.

6. Possible impact on endangered or

threatened species.

7. Use of especially hazardous

substances or processes for which

adequate and accepted controls and

safeguards are unknown or not

available.

8. Substantial and reasonable

controversy exists about the

environment effects of the action.

Dated: January 10, 2000.

Ruth L. Kirschstein,

Acting Director, National Institutes of Health.

[FR Doc. 00–1128 Filed 1–18–00; 8:45 am]

BILLING CODE 4140–01–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Endangered and Threatened Species

Permit Applications; Notice of

Extension of Comment Period

The Fish and Wildlife Service gives

notice that the comment period is

extended on the notice of receipt of

applications for two applications

submitted by International Animal

Consulting Group, Inc. The applications

were submitted to satisfy requirements

of the Marine Mammal Protection Act of

1972, as amended (16 U.S.C. 1361 et

seq.) and the regulations governing

marine mammals (50 CFR part 18). The

applications, 018196 and 018197, are for

conducting certain activities with

marine mammals, specifically taking

northern sea otters (Enhydra lutris

lutris) from the wild in Alaska for export

and public display at two Japanese

aquariums. The extension will allow all

interested parties to submit written

comments. The Fish and Wildlife

Service published a notice of receipt of

the applications on Friday, December

17, 1999. The current comment period

closes on January 16, 2000. Written

comments may now be submitted until

January 26, 2000, and should be

submitted to the Director, U.S. Fish and

Wildlife Service, Office of Management

Authority, 4401 North Fairfax Drive,

Room 700, Arlington, Virginia 22203.

Dated: January 14, 2000.

Kristen Nelson,

Chief, Branch of Permits (Domestic), Office

of Management Authority.

[FR Doc. 00–1328 Filed 1–14–00; 2:08 pm]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[WY–920–1620–00–EL, WYW146744]

Intent To Prepare an Environmental

Impact Statement on a Lease

Application Received From Jacobs

Ranch Coal Company

AGENCY: Department of the Interior,

Wyoming.

ACTION: Notice of Intent to Prepare an

Environmental Impact Statement on a

lease application received from Jacobs

Ranch Coal Company for Federal coal in

the decertified Powder River Federal

Coal Production Region, Wyoming.

SUMMARY: The Bureau of Land

Management (BLM) received a

competitive coal lease application from

Jacobs Ranch Coal Company (JRCC) on

October 2, 1998, for a tract containing

approximately 519 million tons of

Federal coal and including

approximately 4,821 acres in an area

adjacent to the company’s Jacobs Ranch

Mine. This tract, which was assigned

case number WYW146744, is called the

North Jacobs Ranch tract. JRCC is a

subsidiary of Kennecott Energy and Coal

Company. The Jacobs Ranch Mine and

North Jacobs Ranch tract are located in

southern Campbell County, Wyoming.

The tract was applied for as a

maintenance tract lease-by-application

(LBA) under the provisions of 43 CFR

3425.1. The Powder River Regional Coal

Team (RCT) reviewed this lease

application at public meetings held on

February 23, 1999, in Billings, MT, and

October 27, 1999, in Gillette, WY. The

RCT recommended that the lease

application be processed, pending

resolution of the conflicts between

proposed coal mining and existing and

proposed oil and gas development

(including coal bed methane) on the

tract. BLM has determined that the

requirements of NEPA would be best

served by preparing an environmental

impact statement (EIS) for this lease

application.

BLM conducted scoping on the North

Jacobs Ranch lease application, and on

the pending Belle Ayr Federal coal lease

application, in October 1999. A public

scoping meeting was held at the Tower

West Lodge in Gillette, WY, on October

19, 1999, at 7 p.m. During the scoping

period, BLM received seven written

comment letters. At the scoping

meeting, presentations were made by

the applicants for the North Jacobs

Ranch and Belle Ayr Federal coal tracts

and oral comments were received from

six speakers.

DATES: The scoping period for this

Federal coal lease application was held

during October 1999, however, the

public still has an opportunity to submit

written comments on concerns or issues

that the BLM should address in

processing the North Jacobs Ranch lease

application. Comments should be

submitted by February 15, 2000, in

order to be considered in the draft EIS.

ADDRESSES: Please address questions,

comments or concerns to the BLM,

Casper District Office, Attn: Nancy

Doelger, 1701 East E Street, Casper, WY

82601, fax to 307–234–1525, or send email comments to

casper wymail@blm.gov., attn: Nancy

Doelger.

FOR FURTHER INFORMATION CONTACT:

Nancy Doelger or Mike Karbs at the

above address or phone 307–261–7600.

SUPPLEMENTARY INFORMATION: On

October 2, 1998, JRCC filed coal lease

application WYW146744, for the

following lands in Campbell and

County, Wyoming:

T. 44 N., R. 70 W., 6th PM, Wyoming

Section 26: Lots 9, 10;

Section 27: Lots 1 thru 16;

Section 28: Lots 1 thru 16;

Section 29: Lots 1 thru 16;

Section 30: Lots 5 thru 20;

Section 31: Lots 5 thru 20;