Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 72525 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Internal Agency Docket No. FEMA–4731– 

DR; Docket ID FEMA–2023–0001] 

Colorado; Amendment No. 1 to Notice 

of a Major Disaster Declaration 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice. 

SUMMARY: This notice amends the notice 

of a major disaster declaration for the 

State of Colorado (FEMA–4731–DR), 

dated August 25, 2023, and related 

determinations. 

DATES: This amendment was issued 

September 20, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Dean Webster, Office of Response and 

Recovery, Federal Emergency 

Management Agency, 500 C Street SW, 

Washington, DC 20472, (202) 646–2833. 

SUPPLEMENTARY INFORMATION: The notice 

of a major disaster declaration for the 

State of Colorado is hereby amended to 

include the following areas among those 

areas determined to have been adversely 

affected by the event declared a major 

disaster by the President in his 

declaration of August 25, 2023. 

Arapahoe, Logan, and Washington 

Counties for Public Assistance. 

The following Catalog of Federal Domestic 

Assistance Numbers (CFDA) are to be used 

for reporting and drawing funds: 97.030, 

Community Disaster Loans; 97.031, Cora 

Brown Fund; 97.032, Crisis Counseling; 

97.033, Disaster Legal Services; 97.034, 

Disaster Unemployment Assistance (DUA); 

97.046, Fire Management Assistance Grant; 

97.048, Disaster Housing Assistance to 

Individuals and Households In Presidentially 

Declared Disaster Areas; 97.049, 

Presidentially Declared Disaster Assistance— 

Disaster Housing Operations for Individuals 

and Households; 97.050 Presidentially 

Declared Disaster Assistance to Individuals 

and Households—Other Needs; 97.036, 

Disaster Grants—Public Assistance 

(Presidentially Declared Disasters); 97.039, 

Hazard Mitigation Grant. 

Deanne Criswell, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2023–23200 Filed 10–19–23; 8:45 am] 

BILLING CODE 9111–23–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Notice of Adoption of the Department 

of Energy Electric Vehicle Charging 

Stations Categorical Exclusion 

Pursuant to Section 109 of the National 

Environmental Policy Act 

AGENCY: Office of the Secretary, 

Department of Homeland Security. 

ACTION: Notice of adoption of the 

Department of Energy’s electric vehicle 

charging stations categorical exclusion 

pursuant to section 109 of the National 

Environmental Policy Act. 

SUMMARY: The Department of Homeland 

Security (DHS) is adopting the 

Department of Energy’s (DOE) electric 

vehicle charging stations categorical 

exclusion (CE) pursuant to section 109 

of the National Environmental Policy 

Act to use for proposed DHS actions. 

This notice describes the categories of 

proposed actions for which DHS intends 

to use DOE’s electric vehicle charging 

stations CE and details the consultation 

between the agencies. 

DATES: This action is effective upon 

publication. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer DeHart Hass, Director, 

Environmental Planning and Historic 

Preservation, by phone at 202–834– 

4346, or by email at jennifer.hass@

hq.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

National Environmental Policy Act and 

Categorical Exclusions 

The National Environmental Policy 

Act, 42 U.S.C. 4321–4347 (NEPA), 

requires all Federal agencies to assess 

the environmental impacts of their 

actions. Congress enacted NEPA to 

encourage productive and enjoyable 

harmony between humans and the 

environment, recognizing the profound 

impact of human activity and the 

critical importance of restoring and 

maintaining environmental quality to 

the overall welfare of humankind. 42 

U.S.C. 4321, 4331. NEPA’s twin aims 

are to ensure agencies consider the 

environmental effects of their proposed 

actions in their decision-making 

processes and inform and involve the 

public in that process. 42 U.S.C. 4331. 

NEPA created the Council on 

Environmental Quality (CEQ), which 

promulgated NEPA implementing 

regulations, 40 CFR parts 1500 through 

1508 (CEQ regulations). 

To comply with NEPA, agencies 

determine the appropriate level of 

review—an environmental impact 

statement (EIS), environmental 

assessment (EA), or categorical 

exclusion. 42 U.S.C. 4336. If a proposed 

action is likely to have significant 

environmental effects, the agency must 

prepare an EIS and document its 

decision in a record of decision. Id. If 

the proposed action is not likely to have 

significant environmental effects or the 

effects are unknown, the agency may 

instead prepare an EA, which involves 

a more concise analysis and process 

than an EIS. Id. 42 U.S.C. 4336. 

Following the EA, the agency may 

conclude the process with a finding of 

no significant impact if the analysis 

shows that the action will have no 

significant effects. If the analysis in the 

EA finds that the action is likely to have 

significant effects, however, then an EIS 

is required. 

Under NEPA and the CEQ regulations, 

a Federal agency may establish in its 

NEPA implementing procedures 

categorical exclusions, which are 

categories of actions the agency has 

determined normally do not 

significantly affect the quality of the 

human environment. 42 U.S.C. 

4336e(1); 40 CFR 1501.4, 

1507.3(e)(2)(ii), 1508.1(d). If an agency 

determines that a categorical exclusion 

covers a proposed action, it then 

evaluates the proposed action for 

extraordinary circumstances in which a 

normally excluded action may have a 

significant effect. 40 CFR 1501.4(b). If 

no extraordinary circumstances are 

present or if further analysis determines 

that the extraordinary circumstances do 

not involve the potential for significant 

environmental impacts, the agency may 

apply the categorical exclusion to the 

proposed action without preparing an 

EA or EIS. 42 U.S.C. 4336(a)(2). If the 

extraordinary circumstances have the 

potential to result in significant effects, 

the agency is required to prepare an EA 

or EIS. 

Section 109 of NEPA, enacted as part 

of the Fiscal Responsibility Act of 2023, 

allows a Federal agency to adopt a 

categorical exclusion listed in another 

agency’s NEPA procedures for a 

category of proposed agency actions for 

which the categorical exclusion was 

established. 42 U.S.C. 4336c. To adopt 

another agency’s categorical exclusion 

under Section 109, an agency must 

identify the relevant categorical 

exclusion listed in that agency’s 

(‘‘establishing agency’’) NEPA 

procedures that cover its category of 

proposed actions or related actions; 

consult with the establishing agency to 

ensure that the proposed adoption of the 

categorical exclusion to a category of 

actions is appropriate; identify to the 

public the categorical exclusion that the 


ddrumheller on DSK120RN23PROD with NOTICES1
72526 Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 

1Modified from CFR part 1021 subpart D, app. B 

to reflect DHS as the adopting agency. 

agency plans to use for its proposed 

actions; and document adoption of the 

categorical exclusion. Id. 

This notice documents DHS’s 

adoption of DOE’s electric vehicle 

charging stations CE under section 109 

of NEPA. 

II. Identification of the Categorical 

Exclusion 

DOE’s Electric Vehicle Charging 

Stations Categorical Exclusion 

DOE’s electric vehicle charging 

stations categorical exclusion (CE) is 

codified in DOE’s NEPA procedures as 

CE B5.23 in 10 CFR part 1021, subpart 

D, appendix B, as follows: 

B5.23 Electric Vehicle Charging 

Stations 

The installation, modification, 

operation, and removal of electric 

vehicle charging stations, using 

commercially available technology, 

within a previously disturbed or 

developed area. Covered actions are 

limited to areas where access and 

parking are in accordance with 

applicable requirements (such as local 

land use and zoning requirements) in 

the proposed project area and would 

incorporate appropriate control 

technologies and best management 

practices. 

‘‘Previously disturbed or developed’’ 

refers to land that has been changed 

such that its functioning ecological 

processes have been and remain altered 

by human activity. The phrase 

encompasses areas that have been 

transformed from natural cover to nonnative species or a managed State, 

including, but not limited to, utility and 

electric power transmission corridors 

and rights-of-way, and other areas 

where active utilities and currently used 

roads are readily available. 10 CFR 

1021.410(g)(1). 

The DOE electric vehicle charging 

stations CE also includes additional 

conditions referred to as integral 

elements. (10 CFR part 1021 subpart D, 

app. B). In order to apply the CE, the 

proposal must be one that would not: 

(1) Threaten a violation of applicable 

statutory, regulatory, or permit 

requirements for environment, safety, 

and health, or similar requirements of 

DHS 1 or Executive Orders; 

(2) Require siting and construction or 

major expansion of waste storage, 

disposal, recovery, or treatment 

facilities (including incinerators), but 

the proposal may include categorically 

excluded waste storage, disposal, 

recovery, or treatment actions or 

facilities; 

(3) Disturb hazardous substances, 

pollutants, contaminants, or CERCLAexcluded petroleum and natural gas 

products that preexist in the 

environment such that there would be 

uncontrolled or unpermitted releases; 

(4) Have the potential to cause 

significant impacts on environmentally 

sensitive resources. An environmentally 

sensitive resource is typically a resource 

that has been identified as needing 

protection through Executive Order, 

statute, or regulation by Federal, State, 

or local government, or a federally 

recognized Indian Tribe. An action may 

be categorically excluded if, although 

sensitive resources are present, the 

action would not have the potential to 

cause significant impacts on those 

resources (such as construction of a 

building with its foundation well above 

a sole-source aquifer or upland surface 

soil removal on a site that has 

wetlands). Environmentally sensitive 

resources include, but are not limited to: 

(i) Property (such as sites, buildings, 

structures, and objects) of historic, 

archeological, or architectural 

significance designated by a Federal, 

State, or local government, federally 

recognized Indian Tribe, or Native 

Hawaiian organization, or property 

determined to be eligible for listing on 

the National Register of Historic Places; 

(ii) Federally listed threatened or 

endangered species or their habitat 

(including critical habitat) or federallyproposed or candidate species or their 

habitat (Endangered Species Act); Statelisted or State-proposed endangered or 

threatened species or their habitat; 

Federally-protected marine mammals 

and Essential Fish Habitat (Marine 

Mammal Protection Act; MagnusonStevens Fishery Conservation and 

Management Act); and otherwise 

Federally-protected species (such as the 

Bald and Golden Eagle Protection Act or 

the Migratory Bird Treaty Act); 

(iii) Floodplains and wetlands 

(iv) Areas having a special 

designation such as federally- and Statedesignated wilderness areas, national 

parks, national monuments, national 

natural landmarks, wild and scenic 

rivers, State and Federal wildlife 

refuges, scenic areas (such as National 

Scenic and Historic Trails or National 

Scenic Areas), and marine sanctuaries; 

(v) Prime or unique farmland, or other 

farmland of statewide or local 

importance, as defined at 7 CFR 

658.2(a), ‘‘Farmland Protection Policy 

Act: Definitions,’’ or its successor; 

(vi) Special sources of water (such as 

sole-source aquifers, wellhead 

protection areas, and other water 

sources that are vital in a region); and 

(vii) Tundra, coral reefs, or rain 

forests; or 

(5) Involve genetically engineered 

organisms, synthetic biology, 

governmentally designated noxious 

weeds, or invasive species, unless the 

proposed activity would be contained or 

confined in a manner designed and 

operated to prevent unauthorized 

release into the environment and 

conducted in accordance with 

applicable requirements, such as those 

of the Department of Agriculture, the 

Environmental Protection Agency, and 

the National Institutes of Health. 

Proposed DHS Category of Actions 

The electric vehicle charging stations 

CE allows for the installation, 

modification, operation, and removal of 

electric vehicle charging stations. The 

CE could be applied to DHS and its 

Components’ electric vehicle charging 

station projects, including installation, 

operation, modification, and removal of 

electric vehicle charging stations at 

existing DHS owned or occupied 

facilities. Reducing the Department’s 

reliance on fossil fuels and reducing 

emissions across the Department will 

improve sustainability in accordance 

with Executive Order 14008, Tackling 

the Climate Crisis at Home and Abroad. 

DHS is actively working to transition its 

fleet to electric vehicles to meet these 

requirements across all Components. In 

support of fleet electrification, 

infrastructure is necessary to support 

charging of the vehicles and DHS is in 

the process of establishing electric 

vehicle charging stations at existing 

DHS owned and occupied facilities 

across the United States. 

DHS will consider each proposal for 

electric vehicle charging stations to 

ensure that the proposal is within the 

scope of the CE. DHS intends to apply 

this categorical exclusion to the same 

types of proposals to which DOE has 

applied the CE, which have included a 

wide variety of locations on and off 

federal property, differences in local 

conditions, various numbers of electric 

vehicle charging stations per proposal, 

and different types of equipment and 

technologies including Level 1, Level 2, 

and DC Fast Charging stations. 

III. Consideration of Extraordinary 

Circumstances 

When applying this CE, DHS will 

evaluate the proposed action to ensure 

evaluation of integral elements listed 

above. In addition, in considering 

extraordinary circumstances, DHS will 

consider whether the proposed action 

has the potential to result in significant 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 202 / Friday, October 20, 2023 / Notices 72527 

effects as described in DOE’s 

extraordinary circumstances listed at 10 

CFR 1021.410(b)(2). DOE defines 

extraordinary circumstances as unique 

situations presented by specific 

proposals, including, but not limited to, 

scientific controversy about the 

environmental effects of the proposal; 

uncertain effects or effects involving 

unique or unknown risks; and 

unresolved conflicts concerning 

alternative uses of available resources. 

Consistent with DHS Instruction 

Manual 023–01–001–01, Implementing 

the National Environmental Policy Act 

(DHS Instruction Manual), DHS will 

document utilization of this CE and 

consideration of extraordinary 

circumstances within the DHS 

Environmental Planning and Historic 

Preservation Decision Support System. 

IV. Consultation With DOE and 

Determination of Appropriateness 

DHS and DOE consulted on the 

appropriateness of DHS’s adoption of 

the electric vehicle charging stations CE 

from June 2023 through September 

2023. This consultation included a 

review of DOE’s experience developing 

and applying the CE and the types of 

actions for which DHS plans to utilize 

the CE. Based on this consultation and 

review, DHS has determined that the 

types of projects it intends to undertake 

to install, operate, modify, and remove 

electric vehicle charging stations at its 

facilities are substantially similar to 

such projects for which DOE has 

applied the CE. Accordingly, the 

impacts of DHS projects will be 

substantially similar to the impacts of 

DOE projects, which are not significant, 

absent the existence of extraordinary 

circumstances. Therefore, DHS has 

determined that its proposed use of the 

electric vehicle charging stations CE, as 

described within this notice, would be 

appropriate. 

Notice to the Public and Documentation 

of Adoption 

This notice serves to identify to the 

public and document DHS’s adoption of 

DOE’s categorical exclusion for electric 

vehicle charging stations and identifies 

the types of actions to which DHS will 

apply the CE, and the considerations 

DHS will use in determining whether an 

action is within the scope of the CE. 

Upon issuance of this notice, the 

adopted electric vehicle charging 

stations CE will be available to DHS and 

accessible at www.dhs.gov/nationalenvironmental-policy-act. 

Tracey L. Watkins, 

Deputy Chief Readiness Support Officer, 

Department of Homeland Security. 

[FR Doc. 2023–23134 Filed 10–19–23; 8:45 am] 

BILLING CODE 9112–FF–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–7070–N–76] 

30-Day Notice of Proposed Information 

Collection: Multifamily Project Monthly 

Accounting Reports, OMB Control No.: 

2502–0108 

AGENCY: Office of Policy Development 

and Research, Chief Data Officer, HUD. 

ACTION: Notice. 

SUMMARY: HUD is seeking approval from 

the Office of Management and Budget 

(OMB) for the information collection 

described below. In accordance with the 

Paperwork Reduction Act, HUD is 

requesting comment from all interested 

parties on the proposed collection of 

information. The purpose of this notice 

is to allow for an additional 30 days of 

public comment. 

DATES: Comments Due Date: November 

20, 2023. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposal. Comments should refer to 

the proposal by name and/or OMB 

Control Number and should be sent to: 

Colette Pollard, Reports Management 

Officer, REE, Department of Housing 

and Urban Development, 451 7th Street 

SW, Room 4176, Washington, DC 

20410–5000; telephone 202–402–3400 

(this is not a toll-free number) or email 

at Colette.Pollard@hud.gov for a copy of 

the proposed forms or other available 

information. HUD welcomes and is 

prepared to receive calls from 

individuals who are deaf or hard of 

hearing, as well as individuals with 

speech and communication disabilities. 

To learn more about how to make an 

accessible telephone call, please visit 

https://www.fcc.gov/consumers/guides/ 

telecommunications-relay-service-trs. 

FOR FURTHER INFORMATION CONTACT: 

Colette Pollard, Reports Management 

Officer, REE, Department of Housing 

and Urban Development, 451 7th Street 

SW, Washington, DC 20410; email; 

Colette.Pollard@hud.gov; telephone 

202–402–3400. This is not a toll-free 

number. HUD welcomes and is prepared 

to receive calls from individuals who 

are deaf or hard of hearing, as well as 

individuals with speech and 

communication disabilities. To learn 

more about how to make an accessible 

telephone call, please visit https://

www.fcc.gov/consumers/guides/ 

telecommunications-relay-service-trs. 

Copies of available documents 

submitted to OMB may be obtained 

from Ms. Pollard. 

SUPPLEMENTARY INFORMATION: This 

notice informs the public that HUD is 

seeking approval from OMB for the 

information collection described in 

Section A. 

The Federal Register notice that 

solicited public comment on the 

information collection for a period of 60 

days was published on November 18, 

2022 at 87 FR 69290. 

A. Overview of Information Collection 

Title of Information Collection: 

Multifamily Project Monthly 

Accounting Reports. 

OMB Approval Number: 2502–0108. 

OMB Expiration Date: September 30, 

2020. 

Type of Request: Reinstatement, 

without change, of previously approved 

collection for which approval has 

expired. 

Form Number: HUD–93479, HUD– 

93480, and HUD–93481. 

Description of the need for the 

information and proposed use: This 

information is necessary for HUD to 

monitor compliance with contractual 

agreements and to analyze cash flow 

trends as well as occupancy and rent 

collection levels. 

Respondents: Business and other for 

profit and non-profit entities. 

Estimated Number of Respondents: 

8,192. 

Estimated Number of Responses: 

1,638. 

Frequency of Response: 12. 

Average Hours per Response: 0.08 

each. 

Total Estimated Burden: 4,719 hours. 

B. Solicitation of Public Comment 

This notice is soliciting comments 

from members of the public and affected 

parties concerning the collection of 

information described in Section A on 

the following: 

(1) Whether the proposed collection 

of information is necessary for the 

proper performance of the functions of 

the agency, including whether the 

information will have practical utility; 

(2) The accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information; 

(3) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 

(4) Ways to minimize the burden of 

the collection of information on those 


ddrumheller on DSK120RN23PROD with NOTICES1