42958 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Proposed Rules

relationships of the applicant other than

those described in this paragraph may

constitute special circumstances that

would make an award unjust.

Dated: August 6, 1997.

Stuart E. Weisburg,

Chairman.

Daniel Guttman,

Commissioner.

[FR Doc. 97–21161 Filed 8–8–97; 8:45 am]

BILLING CODE 7600–01–M

POSTAL SERVICE

39 CFR Parts 775, 777 and 778

National Environmental Policy Act

Implementing Procedures

AGENCY: Postal Service (USPS).

ACTION: Proposed rule.

SUMMARY: This proposal would revise

existing procedures and categorical

exclusions governing the Postal

Service’s compliance with the National

Environmental Policy Act (NEPA). The

proposed amendments are based upon

experience with existing regulations and

new policies and infrastructure that

have been implemented since the

restructuring of the Postal Service in

1992. The proposed changes are

intended to comply with the

requirements of NEPA while improving

quality and reducing administrative

processes and preparation.

DATE: Comments must be received by

September 10, 1997.

ADDRESSES: Please submit written

comments to Charles E. Bravo, Manager,

Environmental Management Policy, U.S.

Postal Service, 475 L’Enfant Plaza SW

Room 1P830, Washington, DC 20260–

2810, fax (202) 268–6016.

FOR FURTHER INFORMATION CONTACT:

Charles A. Vidich, Environmental

Coordinator, U.S. Postal Service, 8

Griffin Rd. N., Windsor, CT 06006–

7030, phone (860) 285–7254, or Gary W.

Bigelow, Senior Counsel, Environmental

Law, 4200 Wake Forest Rd., Raleigh, NC

27668–1121, phone (919) 501–9439.

SUPPLEMENTARY INFORMATION:

Historically, the U.S. Postal Service has

implemented the provisions of the

National Environmental Policy Act

(NEPA) through policies and procedures

established by the Postal Service’s

Facilities organization. Certainly, most

of the ‘‘major federal actions’’

undertaken by the Postal Service have

been associated with the construction or

disposal of postal facilities. However, in

recent years it has become increasingly

evident that other postal organizations

also have a role in implementing the

provisions of NEPA. The Postal Service

is revising its regulations to clarify the

scope of the applicability of NEPA.

The proposed changes revise

procedures for implementing the

requirements of NEPA. They require

Postal Service officials to consider

potential impacts of major federal

actions to the human environment. To

properly implement the provisions of

the Act, responsible Postal Service

officials must perform adequate

environmental analyses to determine

whether identified impacts are

significant. An Environmental Impact

Statement (EIS) is required if the

impacts are determined to be

significant; otherwise, an environmental

assessment (EA) is prepared, unless the

action is categorically excluded or there

is no potential for significant impact.

Responsible officials will complete an

environmental checklist to identify

potential environmental concerns

outside of the NEPA process, such as

permitting requirements, and to

determine the need for preparing an EA.

Although NEPA does not require the

preparation of an environmental

checklist, it is Postal Service policy to

use the environmental checklist as a

planning tool to better identify the

environmental consequences of

proposed actions that have potential for

impacts upon the environment.

The proposed changes respond to

numerous suggestions for additional

categorical exclusions (CATEXs),

modifications to existing exclusions,

and clarification of the scope of the

NEPA requirements. The changes are

connected with experience with the

types of actions that generally do not

require an EA or result in a finding of

no significant impact (FONSI). In

addition, the Postal Service reorganized

in 1992 and its missions, programs, and

policies have evolved to meet the

requirements of the competitive market

and to continue to provide a businesslike public service to the American

public. Accordingly, the Postal Service

needs to make changes to its NEPA

regulations consistent with its

restructured operation.

In order to produce an update of the

CATEXs, the Postal Service reviewed

EAs and FONSIs that it has issued. It

also reviewed other federal agency

CATEXs to ensure the appropriateness

of the exclusions. The results form the

basis for the proposed amendments. The

proposed changes are consistent with

guidance provided by the Council on

Environmental Quality (CEQ), which

encourages flexibility in the NEPA

implementing procedures to reduce

administrative burdens and promote

efficiency. The Postal Service has

consulted the CEQ regarding these

proposed amendments. The proposed

CATEXs would not affect the Postal

Service’s responsibility for compliance

with other applicable federal, state, or

local environmental laws, including the

Clean Air Act, Clean Water Act, and

existing postal floodplain and wetland

regulations.

The proposed changes are intended to

adjust the Postal Service’s normal levels

of NEPA review and to add, modify, and

clarify classes of actions based upon

experience in applying NEPA. The

listings do not constitute a conclusive

determination regarding the appropriate

level of review for a proposed action.

The identified categories of CATEXs

and actions that normally require an EA

presume that the level of review is

appropriate. The presumptions do not

apply when unusual or extraordinary

circumstances related to the action that

may affect the significance of the

proposed action. An example of an

extraordinary circumstance could be the

proposed construction of a small

structure in the middle of wetlands that

harbor protected endangered species.

Description of Proposed Amendments

This section describes the proposed

amendments to the Postal Service NEPA

regulations at 39 CFR part 775.

Subchapter K is renamed Environmental

Regulations to more accurately describe

the subchapter that contains NEPA and

wetland and floodplain regulations.

Parts 777 and 778 are redesignated from

Subchapter K to the formerly reserved

Subchapter L, Special Regulations.

Part 775 is similarly renamed

National Environmental Policy Act

Procedures. Section 775.1, Purpose, is

revised by deleting the language in the

second sentence.

Section 775.3(a), Responsibilities, is

revised to indicate that the Chief

Environmental Officer of the Postal

Service is the person responsible for

overall development of policy regarding

NEPA, and each 39 CFR part 4 officer

with responsibility over the proposed

program, project, action, or facility is

responsible for compliance with NEPA

as the responsible official. The officer

who is in charge of the facilities

organization is responsible for the

development of NEPA policy as it

affects real estate and construction or

disposal of postal facilities. Paragraph

(b) is revised to state that environmental

coordinators are designated by postal

management to assist in compliance

with NEPA requirements because the

Postal Service has reorganized and

renamed many of the groups referenced

in the original regulation.
Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Proposed Rules 42959

Section 775.4 is a new section with

definitions. The Postal Service

incorporates by reference those

definitions set forth in CEQ’s

regulations contained in 40 CFR part

1508. Additional definitions pertaining

to postal documents or types of officials

are also listed.

Existing § 775.4, Typical classes of

action, is split up and renamed and

renumbered as § 775.5, Classes of

Actions, and § 775.6, Categorical

Exclusions. Section 775.4(a) is

renumbered as § 775.5 and revised to

state that the Postal Service does not

normally conduct actions requiring an

EIS, but will prepare an EIS based on

the factors in the CEQ regulations.

Classes of actions that normally require

EAs have been revised and include:

1. Any project that includes the

conversion, purchase, or any other

alteration of the fuel source for 25

percent or more of USPS vehicles

operating with fuel other than diesel or

gasoline in any carbon monoxide or

ozone nonattainment area.

2. Any action that would adversely

affect a federally listed threatened or

endangered species or its habitat.

3. Any action that would directly

affect public health.

4. Any action that would require

development within park lands, or be

located in close proximity to a wild or

scenic river or other ecologically critical

area.

5. Any action affecting the quality of

the physical environment that would be

scientifically highly controversial.

6. Any action that may have highly

uncertain or unknown risks on the

human environment.

7. Any action that threatens a

violation of applicable federal, state, or

local law or requirements imposed for

the protection of the environment.

8. New construction of a facility with

vehicle maintenance or petroleum fuel

dispensing capabilities, whether owned

or leased.

9. Acquisition or lease of an existing

building involving new uses or a change

in use to a greater environmental

intensity.

10. Real property disposal involving a

known change in use to a greater

environmental intensity.

11. Postal facility function changes

involving new uses of greater

environmental intensity.

12. Reduction in force involving more

than 1000 positions.

13. Relocation of 300 or more

employees more than 50 miles.

14. Initiation of legislation.

Paragraph (b) of existing § 775.4,

Categorical Exclusions, is revised and

renumbered as § 775.6, Categorical

Exclusions. The classes of actions in

paragraphs (b) through (e) of this section

are those that the Postal Service has

determined do not individually or

cumulatively have a significant impact

on the human environment and,

therefore, do not require the preparation

of an EA or EIS. In order to be

categorically excluded, a proposed

action must be based on a determination

that the action fits within a class listed

and that there are no extraordinary

circumstances that may affect the

significance of the proposal.

Extraordinary circumstances are those

unique situations presented by specific

proposals, such as scientific controversy

about the environmental impacts of the

proposal or uncertain effects or effects

involving unique resources or unknown

risks. The proposed action must also not

be connected to other actions with

potentially significant actions or is not

related to other proposed actions with

potentially significant impacts.

The CATEXs are listed in the

following order: Those relating to

general agency actions; emergency and

restoration actions; maintenance and

repair actions; and real estate and

construction activities. The general

agency actions relate to activities that in

and of themselves do not normally

impact the environment, such as policy

development, planning, procurement,

training, research, and other

administrative processes. The

emergency and environmental

restoration actions relate to emergency,

disaster-related, and environmental

restoration or remediation activities.

The maintenance and repair actions

involve activities that are minor or

involve replacement of equipment and

upkeep of buildings. Real estate and

construction activities concern the

acquisition, construction, and disposal

of real property.

Paragraph (b) states that the listed

CATEXs that relate to general agency

actions are classes of actions that have

been determined to not have a

significant impact upon the

environment and therefore do not

require an EA or EIS. These are new

CATEXs except where indicated.

(1) Policy development, planning, and

implementation that relate to routine

activities such as personnel,

organizational changes, or similar

administrative functions.

(2) Routine actions, including the

management of programs or activities

necessary to support the normal

conduct of agency business, such as

administrative, financial, operational,

and personnel actions that involve no

commitment of resources other than

manpower and funding allocations.

(3) Award of contracts for technical

support services, management and

operation of a government-owned

facility, and personal services.

(4) Research activities and studies and

routine data collection when such

actions are clearly limited in context

and intensity.

(5) Educational and informational

programs and activities.

(6) Reduction in force resulting from

workload adjustments, reduced

personnel or funding levels, skill

imbalances, or other similar causes that

do not affect more than 1,000 positions.

(7) Postal rate or mail classification

actions, address information system

changes, post office name changes, and

ZIP Code changes. (Revised and

renumbered from existing

§ 775.4(b)(14).)

(8) Property protection, law

enforcement, and other legal activities

undertaken by the Postal Inspection

Service, General Counsel, the Judicial

Officer, and the Inspector General.

(9) Activities related to trade

representation and market development

activities abroad.

(10) Emergency preparedness

planning activities, including

designation of on-site evacuation routes.

(11) Minor reassignment of motor

vehicles and purchase or deployment of

motor vehicles to new locations that do

not adversely impact traffic safety,

congestion, or air quality. (Revised and

renumbered from § 775.4(b)(13).)

(12) Procurement or disposal of mail

handling or transport equipment.

(Revised and renumbered from

§ 775.4(b)(13).)

(13) Acquisition, installation,

operation, removal, or disposal of

communication systems, computers,

and data processing equipment.

(14) Postal facility function changes

not involving construction, where there

are no substantial relocations of

employees or no substantial increase in

the number of motor vehicles at a

facility. (Revised and renumbered from

§ 775.4(b)(15).)

(15) Closure or consolidation of post

offices under 39 U.S.C. 404(b).

(16) Minor operational changes at an

existing facility to minimize waste

generation and for reuse of materials.

These changes include, but are not

limited to, adding filtration and

recycling systems to allow reuse of

vehicle or machine oil, setting up

sorting areas to improve process

efficiency, and segregating waste

streams previously mingled and

assigning new identification codes to

the two resulting streams.

(17) Actions that have an insignificant

effect upon the environment as
42960 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Proposed Rules

established in a previously written

Environmental Assessment (EA) and

Finding of No Significant Impact

(FONSI) or Environmental Impact

Statement (EIS). Such repetitive actions

shall be considered ‘‘reference actions,’’

and a record of all decisions concerning

these ‘‘reference actions’’ shall be

maintained by the Chief Environmental

Officer or designee. The proposed action

must be essentially the same in context

and the same or less in intensity or must

create fewer impacts than the ‘‘reference

action’’ previously studied under an EA

or EIS in order to qualify for this

exclusion.

(18) Rulemakings that are strictly

procedural, and interpretations and

rulings with existing regulations, or

modifications or rescissions of such

interpretations and rulings.

Paragraph (c) lists emergency or

restoration actions that are CATEXs.

These are new CATEXs.

(1) Any cleanup, remediation, or

removal action conducted under the

provisions of the Comprehensive

Environmental Response Compensation

and Liability Act (CERCLA) or the

Resource Conservation Recovery Act

(RCRA), any asbestos abatement actions

regulated under the provisions of the

Occupational Safety and Health Act

(OSHA) or the Clean Air Act, or any

polychlorinated biphenyls (PCB)

transformer replacement or any leadbased paint abatement actions regulated

under the provisions of the Toxic

Substances Control Act (TSCA), OSHA,

or RCRA.

(2) Testing associated with

environmental cleanups or site

investigations.

Paragraph (d) lists CATEXs

concerning maintenance or repair

actions at existing facilities that do not

have a significant impact upon the

environment. Revised and renumbered

CATEXs are indicated.

(1) Siting, construction or operation of

temporary support buildings or support

structures.

(2) Routine maintenance and minor

activities, such as fencing, that occur in

floodplains or state and local wetlands

or pursuant to the nationwide

permitting process of the Corps of

Engineers.

(3) Routine actions normally

conducted to protect and maintain

properties and which do not alter the

configuration of the building.

(Renumbered from § 775.4(b)(6)).

(4) Changes in buildings required to

promote handicapped accessibility

pursuant to the Architectural Barriers

Act.

(5) Repair to, or replacement in kind

or equivalent of building equipment or

components (e.g., electrical distribution,

HVAC systems, doors, windows, roofs,

etc.). (Revised and renumbered

§ 775.4(b)(7)).

(6) Internal modifications or

improvements to structures or buildings

to accommodate mail processing,

computer, communication or other

similar types of equipment or other

actions which do not involve

modification to the external walls of the

facility.

(7) Joint development and/or joint use

projects that only involve internal

modifications to an existing facility.

(Revised and renumbered from

§ 775.4(b)(12)).

(8) Noise abatement measures, such as

construction of noise barriers and

installation of noise control materials.

(9) Actions which require

concurrence or approval of another

federal agency where the action is a

categorical exclusion under the NEPA

regulations of that federal agency.

Paragraph (e) concerns CATEXs

applicable to real estate actions. Revised

and renumbered CATEXs are indicated.

(1) Obtaining, granting, disposing, or

changing of easements, licenses and

permits, rights-of-way and similar

interests. (Renumbered from

§ 775.4(b)(8)).

(2) Extension, renewal, renegotiation,

or termination of existing lease

agreements. (Renumbered from

§ 775.4(b)(11)).

(3) Purchase of Postal Service

occupied leased property where the

planned postal uses do not differ

significantly from the past uses of the

site. (Renumbered from § 775.4(b)(10).

(4) Acquisition or disposal of existing

facilities and real property where the

planned uses do not differ significantly

from past uses of the site. (Renumbered

and revised from § 775.4(b)(2) & (9)).

(5) Acquisition of real property not

connected to specific facility plans or

when necessary to protect the interests

of the Postal Service in advance of final

project approval. This categorical

exclusion only applies to the

acquisition. Any subsequent use of the

site for a facility project must be

considered under this part. (Revised and

renumbered from § 775.4(b)(5)).

(6) Disposal through sale or outlease

of unimproved real property

(Renumbered and revised from

§ 775.4(b)(9)).

(7) Disposal through sale, outlease,

transfer or exchange of real property to

other federal or state agencies.

(8) Acquisition or disposal through

sale, lease, transfer or exchange of real

property that do not involve any

increase in volumes, concentrations, or

discharge rates of wastes, air emissions,

or water effluents, and that under

reasonably foreseeable uses, have

generally similar environmental impacts

as compared to those before the

acquisition or disposal. A determination

that the proposed action is categorically

excluded can be based upon a previous

reference action.

(9) Acquisition or disposal through

sale, lease, transfer, reservation or

exchange of real property for nature and

habitat preservation, conservation, a

park or wildlife management.

(10) New construction, Postal Service

owned or leased, or joint development

and/or joint use projects, of any facility

unless the proposed action is listed as

requiring an EA in § 775.5 (Revised and

renumbered from § 775.4(b)(1)).

(11) Expansion or improvement of an

existing facility where the expansion is

within the boundaries of the site or

occurs in a previously developed area

unless the proposed action is listed as

requiring an EA in § 775.5.

(12) Construction and disturbance

pursuant to a nationwide permit issued

by the Corp of Engineers.

(13) Any activity in floodplains being

regulated pursuant to Part 776 and

which is not listed as requiring an EA

in § 775.5.

Section 775.5 is renumbered to

§ 775.8. No revisions are made to this

section.

A new § 775.7 is added entitled

Planning and early coordination. This

section outlines the necessity for

planning and early coordination for all

NEPA documents. Operational

personnel and facilities personnel must

cooperate in the early concept stages of

a program or project in order to fully

evaluate the ramifications of the

proposed action since certain decisions

made early in the planning concept may

fix later impacts and results.

Section 775.6 Environmental

evaluation process is renumbered to

§ 775.9 and revised extensively.

Paragraph (a) is revised to indicate that

an environmental checklist can be used

to support a record of environmental

consideration that a proposed action

either was categorically excluded and

there were no extraordinary

circumstances that may cause the action

to have a significant impact upon the

environment; or the action clearly

indicates the absence of environmental

impacts upon the environment; or that

the proposed action will require the

preparation of an environmental

assessment.

The use of the environmental

checklist can act as an internal check for

the responsible official to assist in the

determination that environmental issues

have been considered. Although NEPA
Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Proposed Rules 42961

does not require the use of a checklist,

the Postal Service has found that the use

of a checklist can serve important NEPA

and non-NEPA functions such as

whether a permit may be necessary or

further investigations may be required

to verify the presence of hazardous

substances on a property.

The use of a mitigated FONSI is

conditioned upon the implementation

of the identified mitigation measures

that support a FONSI. When the FONSI

relies upon implementation of the

proposed mitigation measures, those

mitigation measures must be funded

and implemented or the FONSI is not

valid. Unless the identified mitigation

measures are implemented by the

responsible official, an EIS must be

prepared.

Paragraph (b) is revised to indicate

that alternatives to the proposed action

are to be considered as well as alternate

sites for a new facility. The use of

alternative analysis is broader than

comparison of alternate sites and the

revisions reflect the expansion of NEPA

beyond the facilities program and

projects. The identification of decision

makers have been expanded to reflect

that many persons or groups have

authority within the Postal Service to

make a decision that may impact the

environment. The decision to prepare

an EIS has been delegated to the

responsible officer with authority over

that project or program.

Present § 775.7 is renumbered to

§ 775.10 and revised in paragraph (a) to

add a requirement that the EA contain

a list of applicable environmental

permits necessary to complete the

proposed action.

Section 775.8 is renumbered to

§ 775.11 and revised to change section

references.

Section 775.9 is renumbered to

§ 775.12.

Section 775.10 is renumbered to

§ 775.13 and revised in (a)(4) to correct

the title of the legislative counsel.

Section 775.11 is renumbered to

§ 775.14 and revised to change section

references.

DISTRIBUTION TABLE

Existing section New

section Action

775.1 ..................... 775.1 Revised.

775.2 ..................... 775.2 Unchanged.

775.3 ..................... 775.3 Revised.

775.4 New.

775.4(a) ................ 775.5 Revised.

775.4(b) ................ 775.6 Revised.

775.7 New.

775.5 ..................... 775.8 Unchanged.

775.6 ..................... 775.9 Revised.

775.7 ..................... 775.10 Amended.

DISTRIBUTION TABLE—Continued

Existing section New

section Action

775.8 ..................... 775.11 Amended.

775.9 ..................... 775.12 Amended.

775.10 ................... 775.13 Amended.

775.11 ................... 775.14 Amended.

In view of the matters discussed

above, although exempt from the notice

and comment requirements of the

Administrative Procedure Act (5 U.S.C.

553 (b), (c)) regarding proposed

rulemaking by 39 U.S.C. 410(a), the

Postal Service invites comments on the

following proposed amendments to part

775 of subchapter K and subchapter L

of title 39, Code of Federal Regulations.

List of Subjects in 39 CFR Part 775

Environmental impact statements.

For the reasons set out in this

document, the Postal Service proposes

to amend 39 CFR subchapter K, part

775, and subchapter L, parts 777 and

778, as follows:

SUBCHAPTER K—ENVIRONMENTAL

REGULATIONS

PART 775—NATIONAL

ENVIRONMENTAL POLICY ACT

PROCEDURES

1. The authority citation for 39 CFR

part 775 is revised to read as follows:

Authority: 39 U.S.C. 401; 42 U.S.C. 4321 et

seq.; 40 CFR 1500.4.

2. The heading for subchapter K is

revised to read as set forth above.

3. The heading of part 775 is revised

to read as set forth above.

4. Section 775.1 is revised to read as

follows:

§ 775.1 Purpose.

These procedures implement the

National Environmental Policy Act

(NEPA) regulations (40 CFR part 1500)

issued by the Council on Environmental

Quality (CEQ).

5. Section 775.3 is revised to read as

follows:

§ 775.3 Responsibilities.

(a) The Chief Environmental Officer is

responsible for overall development of

policy regarding NEPA and other

environmental policies. The officer in

charge of the facilities or real estate

organization is responsible for the

development of NEPA policy as it

affects real estate or acquisition,

construction and disposal of postal

facilities consistent with overall NEPA

policy. Each officer with responsibility

over the proposed program, project,

action, or facility is responsible for

compliance with NEPA as the

responsible official.

(b) Postal managers will designate

environmental coordinators to assist

with compliance with NEPA

procedures.

§§ 775.5 through 775.11 [Redesignated as

§§ 775.8 through 775.14]; § 775.4(a)

[Redesignated as § 775.5] and § 775.4(b)

[Redesignated as § 775.6].

6. Sections 775.5 through 775.11 are

redesignated as §§ 775.8 through 775.14

and § 775.4(a) is redesignated as § 775.5

and § 775.4(b) is redesignated as § 775.6.

7. Newly redesignated § 775.5 is

revised to read as follows:

§ 775.5 Classes of actions.

(a) Actions which normally require an

environment impact statement. None,

however the Postal Service will prepare

an EIS when necessary based on the

factors identified in 40 CFR 1508.27.

(b) Actions requiring an

environmental assessment.Classes of

actions that will require an

environmental assessment unless

categorically excluded include:

(1) Any project that includes the

conversion, purchase, or any other

alteration of the fuel source for 25

percent or more of USPS vehicles

operating with fuel other than diesel or

gasoline in any carbon monoxide or

ozone non-attainment area;

(2) Any action that would adversely

affect a federally listed threatened or

endangered species or its habitat;

(3) Any action that would directly

affect public health;

(4) Any action that would require

development within park lands, or be

located in close proximity to a wild or

scenic river or other ecologically critical

area;

(5) Any action affecting the quality of

the physical environment that would be

scientifically highly controversial;

(6) Any action that may have highly

uncertain or unknown risks on the

human environment;

(7) Any action that threatens a

violation of applicable federal, state, or

local law or requirements imposed for

the protection of the environment;

(8) New construction of a facility with

vehicle maintenance or fuel dispensing

capabilities, whether owned or leased;

(9) Acquisition or lease of an existing

building involving new uses or a change

in use to a greater environmental

intensity;

(10) Real property disposal involving

a known change in use to a greater

environmental intensity;

(11) Postal facility function changes

involving new uses of greater

environmental intensity;
42962 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Proposed Rules

(12) Reduction in force involving

more than 1000 positions;

(13) Relocation of 300 or more

employees more than 50 miles;

(14) Initiation of legislation.

8. In newly redesignated § 775.9,

paragraphs (a)(1) through (4), the first

sentence in (b)(1), and paragraphs (b)(2),

(b)(3), introductory text, and (b)(3)(i) are

revised and a new sentence is added

after the first sentence in paragraph

(b)(1) to read as follows:

§ 775.9 Environmental evaluation process.

(a) All Actions—(1) Assessment of

actions. An environmental checklist

may be used to support a record of

environmental consideration as the

written determination that the proposed

action does not require an

environmental assessment. An

environmental assessment must be

prepared for each proposed action,

except that an assessment need not be

made if a written determination is made

that:

(i) The action is one of a class listed

in § 775.6, Categorical Exclusions, and

(ii) The action is not affected by

extraordinary circumstances which may

cause it to have a significant

environmental effect, or

(iii) The action is a type that is not a

major federal action with a significant

impact upon the environment.

(2) Findings of no significant impact.

If an environmental assessment

indicates that there is no significant

impact of a proposed action on the

environment, an environmental impact

statement is not required. A ‘‘finding of

no significant impact’’ is prepared and

published in accordance with § 775.13.

When the proposed action is approved,

it may be accomplished without further

environmental consideration. A

‘‘finding of no significant impact’’

document briefly presents the reasons

why an action will not have a

significant effect on the human

environment and states that an

environmental impact statement will

not be prepared. It must refer to the

environmental assessment and any

other environmentally pertinent

documents related to it. The assessment

may be included in the finding if it is

short, in which case the discussion in

the assessment need not be repeated in

the finding. The FONSI may be a

mitigated FONSI in which case the

required mitigation factors should be

listed in the FONSI. The use of a

mitigated FONSI is conditioned upon

the implementation of the identified

mitigation measures in the EA that

support the FONSI. Unless the

mitigation measures are implemented

by the responsible official, the use of an

EA in lieu of an EIS is not acceptable.

(3) Impact statement preparation

decision and notices. If an

environmental assessment indicates that

a proposed major action would have a

significant impact on the environment,

a notice of intent to prepare an impact

statement is published (see § 775.13)

and an environmental impact statement

is prepared.

(4) Role of impact statement in

decision making. An environmental

impact statement is used, with other

analyses and materials, to decide which

alternative should be pursued, or

whether a proposed action should be

abandoned or other courses of action

pursued. See § 775.12 for restrictions on

the timing of this decision.

* * * * *

(b) * * *

(1) The environmental assessment of

any action which involves the

construction or acquisition of a new

mail processing facility must include

reasonable alternatives to the proposed

action and not just consideration of

contending sites for a facility. This

process must be started early in the

planning of the action.* * *

(2) When an environmental

assessment indicates that an

environmental impact statement may be

needed for a proposed facility action,

the responsible officer will make the

decision whether to prepare an

environmental impact statement for

presentation to the Capital Investment

Committee, and to the Board of

Governors if the Board considers the

proposal.

(3) If an environmental impact

statement is presented to the Committee

or the Board, and an analysis indicates

that it would be more cost-effective to

proceed immediately with continued

control of sites, (including advance

acquisition, if necessary, and where

authorized by postal procedures),

environmental impact statement

preparation, and project designs, a

budgetary request will include

authorization of funds to permit:

(i) The preparation of an impact

statement encompassing all reasonable

alternatives and site alternatives,

* * * * *

9. Newly redesignated § 775.6 is

revised to read as follows:

§ 775.6 Categorical exclusions.

(a) The classes of actions in this

section are those that the Postal Service

has determined do not individually or

cumulatively have a significant impact

on the human environment. A proposed

action, to be categorically excluded, is

based upon a determination that the

action fits within a class listed and there

are no extraordinary circumstances that

may affect the significance of the

proposal. The action must not be

connected to other actions with

potentially significant impacts or is not

related to other proposed actions with

potentially significant impacts.

Extraordinary circumstances are those

unique situations presented by specific

proposals, such as scientific controversy

about the environmental impacts of the

proposal; uncertain effects or effects

involving unique or unknown risks.

(b) Categorical exclusions relating to

general agency actions:

(1) Policy development, planning and

implementation that relate to routine

activities such as personnel,

organizational changes or similar

administrative functions.

(2) Routine actions, including the

management of programs or activities

necessary to support the normal

conduct of agency business, such as

administrative, financial, operational

and personnel actions that involve no

commitment of resources other than

manpower and funding allocations.

(3) Award of contracts for technical

support services, management and

operation of a government owned

facility, and personal services.

(4) Research activities and studies and

routine data collection when such

actions are clearly limited in context

and intensity.

(5) Educational and informational

programs and activities.

(6) Reduction in force resulting from

workload adjustments, reduced

personnel or funding levels, skill

imbalances or other similar causes that

do not affect more than 1,000 positions.

(7) Postal rate or mail classification

actions, address information system

changes, post office name and zip code

changes.

(8) Property protection, law

enforcement and other legal activities

undertaken by the Postal Inspection

Service, the Law Department, the

Judicial Officer, and the Inspector

General.

(9) Activities related to trade

representation and market development

activities abroad.

(10) Emergency preparedness

planning activities, including

designation of on-site evacuation routes.

(11) Minor reassignment of motor

vehicles and purchase or deployment of

motor vehicles to new locations that do

not adversely impact traffic safety,

congestion or air quality.

(12) Procurement or disposal of mail

handling or transport equipment.
Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Proposed Rules 42963

(13) Acquisition, installation,

operation, removal or disposal of

communication systems, computers and

data processing equipment.

(14) Postal facility function changes

not involving construction, where there

are no substantial relocation of

employees, or no substantial increase in

the number of motor vehicles at a

facility.

(15) Closure or consolidation of post

offices under 39 U.S.C. 404(b).

(16) Minor operational changes at an

existing facility to minimize waste

generation and for reuse of materials.

These changes include but are not

limited to, adding filtration and

recycling systems to allow reuse of

vehicle or machine oil, setting up

sorting areas to improve process

efficiency, and segregating waste

streams previously mingled and

assigning new identification codes to

the two resulting streams.

(17) Actions which have an

insignificant effect upon the

environment as established in a

previously written Environmental

Assessment (EA) and Finding of No

Significant Impact (FONSI) or

Environmental Impact Statement (EIS).

Such repetitive actions shall be

considered ‘‘reference actions’’ and a

record of all decisions concerning these

‘‘reference actions’’ shall be maintained

by the Chief Environmental Officer or

designee. The proposed action must be

essentially the same in context and the

same or less in intensity or create fewer

impacts than the ‘‘reference action’’

previously studied under an EA or EIS

in order to qualify for this exclusion.

(18) Rulemakings that are strictly

procedural, and interpretations and

rulings with existing regulations, or

modifications or rescissions of such

interpretations and rulings.

(c) Categorical exclusions relating to

emergency or restoration actions:

(1) Any cleanup, remediation or

removal action conducted under the

provisions of the Comprehensive

Environmental Response compensation

and Liability Act (CERCLA) or the

Resource Conservation and Recovery

Act (RCRA), any asbestos abatement

actions regulated under the provisions

of the Occupational Safety and Health

Act (OSHA), or the Clean Air Act or any

PCB transformer replacement or any

lead based paint abatement actions

regulated under the provisions of the

Toxic Substances Control Act (TSCA),

OSHA or RCRA.

(2) Testing associated with

environmental cleanups or site

investigations.

(d) Categorical exclusions relating to

maintenance or repair actions at existing

facilities:

(1) Siting, construction or operation of

temporary support buildings or support

structures.

(2) Routine maintenance and minor

activities, such as fencing, that occur in

floodplains or state and local wetlands

or pursuant to the nationwide

permitting process of the Corps of

Engineers.

(3) Routine actions normally

conducted to protect and maintain

properties and which do not alter the

configuration of the building.

(4) Changes in configuration of

buildings required to promote

handicapped accessibility pursuant to

the Architectural Barriers Act.

(5) Repair to, or replacement in kind

or equivalent of building equipment or

components (e.g., electrical distribution,

HVAC systems, doors, windows, roofs,

etc.).

(6) Internal modifications or

improvements to structures or buildings

to accommodate mail processing,

computer, communication or other

similar types of equipment or other

actions which do not involve

modification to the external walls of the

facility.

(7) Joint development and/or joint use

projects that only involve internal

modifications to an existing facility.

(8) Noise abatement measures, such as

construction of noise barriers and

installation of noise control materials.

(9) Actions which require

concurrence or approval of another

federal agency where the action is a

categorical exclusion under the NEPA

regulations of that federal agency.

(e) Categorical exclusions relating to

real estate actions.

(1) Obtaining, granting, disposing, or

changing of easements, licenses and

permits, rights-of-way and similar

interests.

(2) Extension, renewal, renegotiation,

or termination of existing lease

agreements.

(3) Purchase of Postal Service

occupied leased property where the

planned postal uses do not differ

significantly from the past uses of the

site.

(4) Acquisition or disposal of existing

facilities and real property where the

planned uses do not differ significantly

from past uses of the site.

(5) Acquisition of real property not

connected to specific facility plans or

when necessary to protect the interests

of the Postal Service in advance of final

project approval. This categorical

exclusion only applies to the

acquisition. Any subsequent use of the

site for a facility project must be

considered under this part.

(6) Disposal through sale or outlease

of unimproved real property.

(7) Disposal through sale, outlease,

transfer or exchange of real property to

other federal or state agencies.

(8) Acquisition and disposal through

sale, lease, transfer or exchange of real

property that does not involve an

increase in volumes, concentrations, or

discharge rates of wastes, air emissions,

or water effluents, and that under

reasonably foreseeable uses, have

generally similar environmental impacts

as compared to those before the

acquisition or disposal. A determination

that the proposed action is categorically

excluded can be based upon previous

‘‘reference actions’’ documented under

§ 775.5(b)(17).

(9) Acquisition and disposal through

sale, lease, transfer, reservation or

exchange of real property for nature and

habitat preservation, conservation, a

park or wildlife management.

(10) New construction, Postal Service

owned or leased, or joint development

and joint use projects, of any facility

unless the proposed action is listed as

requiring an EA in § 775.5.

(11) Expansion or improvement of an

existing facility where the expansion is

within the boundaries of the site or

occurs in a previously developed area

unless the proposed action is listed as

requiring an EA in § 775.5.

(12) Construction and disturbance

pursuant to a nationwide permit issued

by the Corps of Engineers.

(13) Any activity in floodplains being

regulated pursuant to § 776 and is not

listed as requiring an EA in § 775.5.

10. Section 775.4 is removed, and a

new § 775.4 is added to read as follows:

§ 775.4 Definitions.

(a) The definitions set forth in 40 CFR

part 1508 apply to this part 775.

(b) In addition to the terms defined in

40 CFR part 1508, the following

definitions apply to this part:

Approving official means the person

or group of persons, who authorizes

funding as established through the

delegations of approval authority issued

by the finance organization. That person

or group of persons may not have

proposed the action for which financial

approval is sought.

Environmental checklist means a

Postal Service form that identifies

potential environmental impacts for

proposed actions initiated by postal

managers.

Mitigated FONSI means a FONSI

which requires the implementation of

specified mitigation measures in order

to ensure that there are no significant

impacts to the environment.
42964 Federal Register / Vol. 62, No. 154 / Monday, August 11, 1997 / Proposed Rules

Record of environmental

consideration means the Postal Service

form that identifies the Postal Service’s

review of proposed activities under

NEPA.

Responsible official means the person,

or designated representative, who

proposes an action and is responsible

for compliance with NEPA. For larger

projects, that person may not have the

financial authority to approve such

action. The responsible official signs the

NEPA documents (FONSI, ROD) and the

REC.

11. In newly redesignated § 775.10,

paragraph (a)(4) is added to read as

follows:

§ 775.10 Environmental assessments.

(a) * * *

(4) A list of applicable environmental

permits necessary to complete the

proposed action.

* * * * *

12. A new § 775.7 is added.

§ 775.7 Planning and early coordination.

Early planning and coordination

among postal functional groups is

required to properly consider

environmental issues that may be

attributable to the proposed action.

Operational and facility personnel must

cooperate in the early concept stages of

a program or project. If it determined

that more than one postal organization

will be involved in any action, a lead

organization will be selected to

complete the NEPA process before any

NEPA documents are prepared. If it is

determined that a project has both real

estate and non-real estate actions, the

facilities functional organization will

take the lead.

13. Newly redesignated § 775.11 is

amended by revising the last sentence of

paragraph (a)(1) and by revising

paragraphs (b)(2)(ii), (c)(2), (c)(4), (c)(5)

introductory text, (c)(5)(iv), and (d)(1) to

read as follows:

§ 775.11 Environmental impact

statements.

(a) * * *

(1) * * * Notice is given in

accordance with § 775.13.

(b) * * *

(2) * * *

(ii) Contain discussions of impacts in

proportion to their significance.

Insignificant impacts eliminated during

the process under § 775.11(a) to

determine the scope of issues must be

discussed only to the extent necessary

to state why they will not be significant.

* * * * *

(c) * * *

(2) Summary. The section should

compare and summarize the findings of

the analyses of the affected

environment, the environmental

impacts, the environmental

consequences, the alternatives, and the

mitigation measures. The summary

should sharply define the issues and

provide a clear basis for choosing

alternatives.

(3) * * *

(4) Proposed action. This section

should clearly outline the need for the

EIS and the purpose and description of

the proposed action. The entire action

should be discussed, including

connected and similar actions. A clear

discussion of the action will assist in

consideration of the alternatives.

(5) Alternatives and mitigation. This

portion of the environmental impact

statement is vitally important. Based on

the analysis in the Affected

Environment and Environmental

Consequences section (see

§ 775.11(c)(6)), the environmental

impacts and the alternatives are

presented in comparative form, thus

sharply defining the issues and

providing a clear basis for choosing

alternatives. Those preparing the

statement must:

* * * * *

(iv) Describe appropriate mitigation

measures not considered to be an

integral part of the proposed action or

alternatives. See § 775.9(a)(7).

* * * * *

(d) * * *

(1) Any completed draft

environmental impact statement which

is made the subject of a public hearing,

must be made available to the public as

provided in § 775.13, of this chapter at

least 15 days in advance of the hearing.

* * * * *

14. In newly redesignated § 775.12,

the heading is revised to read as follows:

§ 775.12 Time frames for environmental

impact statement actions.

* * * * *

15. In newly redesignated § 775.13,

paragraph (a)(4) is revised to read as

follows:

§ 775.13 Public notice and information.

(a)* * *

(4) A copy of every notice of intent to

prepare an environmental impact

statement must be furnished to the Chief

Counsel, Legislative, Law Department,

who will have it published in the

Federal Register.

* * * * *

16. In newly redesignated § 775.14,

paragraph (b) is revised to read as

follows:

§ 775.14 Hearings.

* * * * *

(b) The distribution and notice

requirements of § 775.11(d)(1) and

775.13 must be complied with

whenever a hearing is to be held.

17. A heading for Subchapter L is

added to read as follows:

Subchapter L—Special Regulations

18. Parts 777 and 778 are redesignated

from Subchapter K to Subchapter L.

PARTS 777 AND 778—

[REDESIGNATED TO SUBCHAPTER L]

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 97–20737 Filed 8–8–97; 8:45 am]

BILLING CODE 7710–12–P