Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 / Notices 34895

24The term ‘‘largest single net debit position’’

means the largest intraday net debit position of any

individual participant at any time during the daily

operating hours of the netting system.

5. Multilateral settlement systems

should have objective and publiclydisclosed criteria for admission which

permit fair and open access.

6. Multilateral settlement systems

should ensure the operational reliability

of technical systems and the availability

of backup facilities capable of

completing daily processing

requirements.

Risk management measures: For

systems that the Board has determined

are required to meet the Lamfalussy

Minimum Standards, systems and their

participants should consider the

following risk management measures:

(1) to the extent that participants have

significant credit and liquidity

exposures to other participants,

establish bilateral net credit limits visaˇ-vis each other participant in the

system; (2) establish and monitor in

real-time system-specific net debit

limits for each participant; (3) establish

real-time controls to reject or hold any

payment or foreign exchange contract

that would cause a participant’s

position to exceed the relevant bilateral

and net debit limits; (4) establish

liquidity resources, such as cash,

committed lines of credit secured by

collateral, or a combination thereof, at

least equal to the largest single net debit

position; and (5) establish rules and

procedures for the sharing of credit

losses among the participants in the

netting system.24

Alternative risk management

measures may provide an equivalent

level of assurance that the Lamfalussy

Minimum Standards are met, depending

on the nature and scope of the system.

However, the Board strongly encourages

systems to develop real-time risk

management controls where necessary

to provide an appropriate level of risk

control. The Board may also encourage

or require higher risk management

standards, such as the ability to ensure

timely multilateral settlement in the

event of multiple defaults, of individual

systems that present a potentially high

degree of systemic risk, by virtue of

their high volume of large-value

transactions or central role in the

operation of the financial markets.

Offshore Systems

The Board has a long-standing

concern that steps taken to reduce

systemic risk in U.S. large-dollar

payments systems may induce the

further development of multilateral

systems for settling U.S. dollar

payments that are operated outside the

United States. Such systems, if

implemented with inadequate attention

to risk management, may increase risks

to the international banking and

financial system. In addition, offshore

arrangements have the potential to

operate without sufficient official

oversight.

As a result, the Board has determined

that offshore, large-dollar multilateral

settlement systems and multicurrency

clearing and settlement systems should

at a minimum be subject to oversight or

supervision, as a system, by the Federal

Reserve, or by another relevant central

bank or supervisory authority. The

Board recognizes that central banks

have common policy objectives with

respect to large-value clearing and

settlement arrangements. Accordingly,

the Board expects that it will cooperate,

as necessary, with other central banks

and foreign banking supervisors in the

application of the Lamfalussy Minimum

Standards to offshore and multicurrency

systems. In this regard, the Principles

for Co-operative Central Bank Oversight

outlined in the Lamfalussy Report

provide an important international

framework for cooperation.

By order of the Board of Governors of the

Federal Reserve System, June 18, 1998.

Jennifer J. Johnson,

Secretary of the Board.

[FR Doc. 98–16694 Filed 6–25–98; 8:45 am]

BILLING CODE 6210–01–P

GENERAL SERVICES

ADMINISTRATION

Environmental Considerations in

Decisionmaking and Compliance With

the National Environmental Policy Act

SUMMARY: The General Services

Administration (GSA) has rewritten its

Orders establishing policy and assigning

responsibilities for implementing the

National Environmental Policy Act

(NEPA), its implementing regulations,

related laws, executive orders, and

regulations in the decisionmaking

process of the GSA GSA. Order ADM

1095.1E, ‘‘Environmental Preparation of

Environmental Assessments and

Environmental Impact Statements,’’ July

24, 1985, have been revised and are to

be reissued as GSA Order ADM 1095.1F

and GSA PBS 1095.4C. Few changes

were made to GSA Order ADM 1095.1E.

Revisions to this document are mainly

in the Responsibility section.

Substantial changes were made to PBS

P 1095.4B. The revision, PBS 1095.4C,

was reduced to an overview of GSA’s

NEPA procedural requirements. The

instructional step-by-step portion of the

document has been removed and

expanded into a new comprehensive

PBS NEPA Desk Guide. The PBS NEPA

Desk Guide, used in conjunction with

PBS 1095.4C, is intended to provide an

increased level of NEPA guidance to

GSA.

WRITTEN COMMENTS/FURTHER

INFORMATION: As part of the public

review process required prior to the

implementation of new orders by Title

40 CFR 1507.3, ‘‘Agency Procedures’’,

GSA solicits your written comments on

the revised orders at the following

address: Colin Wagner, NEPA Liaison,

GSA, PBS, PXSC, room 2312, 1800 F

Street, Washington, DC 20007. Written

comments should be received no later

than July 27, 1998. Requests for the PBS

NEPA Desk Guide and/or further

information may also be forwarded to

this address. Both the Orders and the

accompanying PBS NEPA Desk Guide

can be found and downloaded from the

GSA NEPA CALL-IN web site at

www.gsa.gov/pbs/pt/call-in/nepa.htm.

MAILING LIST: If you wish to be placed on

the project mailing list to receive the

final Orders and Desk Guide, contact

Colin Wagner at the address noted

above.

Dated: June 11, 1998.

Wm. Colin Wagner,

GSA NEPA Liaison.

ADM 1095.1F

GSA ORDER

SUBJECT: Environmental considerations in

decisionmaking

1. Purpose. This order establishes policy

and assigns responsibility for implementing

the National Environmental Policy Act

(NEPA), its implementing regulations, and

related laws, executive orders, and

regulations in the decisionmaking processes

of the General Services Administration

(GSA).

2. Cancellation. ADM 1095.1E, dated

December 8, 1995, is canceled.

3. Background. The National

Environmental Policy Act (NEPA) and the

Government wide implementing regulations

of the Council on Environmental Quality (40

CFR 1500–1508, hereinafter, the CEQ

regulations) require that each Federal agency

consider the impact of its actions on the

human environment, and prescribes

procedures to be followed in doing so. Other

laws, executive orders, and regulations

provide related direction. Each Federal

agency is required to implement internal

procedures to ensure that the requirements of

NEPA are met. Existing orders are out of date

and do not provide for current requirements.

4. Nature of revision. This revision reflects

a thorough internal review of GSA’s systems

for implementing NEPA. It replaces an

interim order, ADM 1095.1E, which was

adopted to govern GSA’s compliance with

NEPA while this review took place. This

revised order is issued in coordination with
34896 Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 / Notices

PBS 1095.4C and an explanatory desk guide

to NEPA review, which together provide GSA

with an efficient, up-to-date NEPA

compliance system that is consistent with

principles of accountability, flexibility, and

environmental responsibility.

5. Policy: In all its decisionmaking, GSA

will attend carefully to the National

Environmental Policy set forth in Section 101

of NEPA. To the maximum extent

practicable, GSA will ensure that its actions

protect and where possible improve the

quality of the human environment, including

the built and sociocultural environments of

the nation’s urban areas. GSA

decisionmakers will use the NEPA review

process prescribed in the CEQ regulations as

a practical planning tool, and integrate both

the NEPA review process and the Section 101

National Environmental Policy into

decisionmaking in an efficient, cost-effective

manner. The NEPA review process will be

initiated at the earliest possible stage in

planning any GSA action, and will be carried

forward in coordination with other planning

activities. Decisionmakers will ensure that

they have reviewed and fully understand the

environmental impacts of each decision,

before making any such decision. All

managers responsible for decisionmaking on

GSA actions will be accountable for being

knowledgeable about, and attendant to, the

requirements of NEPA and the National

Environmental Policy that these

requirements are designed to advance.

6. Responsibilities.

6.a. Commissioner, Public Buildings

Service (PBS). The Commissioner acts for the

Administrator, GSA, on matters relating to

NEPA implementation, and oversees

implementation of this order. PBS orders and

related direction governs GSA compliance

with NEPA and related legal authorities.

6.b. Assistant Commissioner, Office of

Business Performance (PX).

6.b.(1) Is the principal GSA advisor on

NEPA-related requirements, including but

not limited to compliance with NEPA and

the coordination of NEPA compliance with

the requirements of the laws and regulations

listed in Appendix 1 of the NEPA Desk

Guide.

6.b.(2) Provides expert advise on NEPArelated matters to GSA Heads of Services,

Business Lines, and Regional Administrators.

6.b.(3) Provides intra-agency and

interagency liaison and coordination on

NEPA-related matters on a national basis.

6.b.(4) Provides and periodically updates

GSA program guidance, after consultation

with the General Counsel, Heads of Services,

Business Lines, and Regional Administrators.

6.b.(5) Provides education and training

within GSA pertinent to implementation of

NEPA and related authorities.

6.b.(6) Coordinates with the Office of

Business Performance’s (PX) Environmental

Executive regarding areas of shared or related

responsibility, in maintaining a record of

GSA’s environmental activities, and in

advancing the national environmental policy

articulated in NEPA and other statutes and

executive orders.

6.b.(7) Serves as GSA representative in

coordination with outside groups at the

national level regarding NEPA-related

matters.

6.c. Regional Administrators.

6.c.(1) Are accountable for execution of

GSA’s responsibilities under NEPA and

related authorities with respect to actions

under their jurisdiction.

6.c.(2) Serve as the responsible agency

official under CEQ regulations with respect

to the environmental effects of actions under

their jurisdiction.

6.c.(3) Maintain NEPA Regional

Environmental Quality Advisors (REQA)

within their staffs, augmented as necessary

through interagency agreements and

contracts, to ensure regional interdisciplinary

competence in environmental matters. To

promote nationwide consistency, the REQA

should reside in Portfolio Management (PT),

although each business line should maintain

its own environmental expertise for project

development and execution.

6.c.(4) In consultation with PT, ensure

that all regional staff with responsibility for

planning, approving, and implementing

construction, repair, alteration, site and

facility acquisition, real property

management, maintenance, and real property

disposal receive appropriate training in how

to carry out GSA’s responsibilities under

NEPA and related authorities.

6.d. GSA Environmental Executive.

6.d.(1) Serves as GSA’s Environmental

Executive under Executive Order 12873.

6.d.(2) Coordinates with PT Liaison to

ensure agency-wide consistency in areas of

shared or related responsibility, and in

advancing the national environmental policy

articulated in NEPA and other statutes and

executive orders.

6.e. Heads of Services and Business Lines.

6.e.(1) Serve as the responsible agency

officials under CEQ regulations for actions

subject to their approval.

6.e.(2) Ensure accountability for

implementation of the policy set forth in this

order.

6.e.(3) In consultation with PT, ensure

that staff responsible for supporting the

functions of the responsible agency official

under CEQ and related authorities receive

appropriate training in how to carry out

GSA’s responsibilities.

6.f. The Office of General Counsel.

6.f.(1) Is responsible for legal

interpretation of NEPA and related

authorities, and represents GSA in litigation

under such authorities.

6.f.(2) Advises PT during the

development and delivery of guidance and

training.

7. Administrative Guidance.

7.a. Central Office, Office of Business

Performance (PX) is the Agency center of

expertise for NEPA and, as such, has overall

program responsibility for establishing

procedures, training, and professional

standards, and for maintaining interagency

administrative responsibilities and

relationships. These functions will be carried

out at the working level by a professional

NEPA Liaison staff.

7.b. Heads of Services and Business Lines

will assist and cooperate with PT in the

development and delivery of training, as well

as procedural and program guidance, and act

as coordinators for program needs of the

Services and Business lines on a national

basis.

7.c. Regional Business Lines have

responsibility for ensuring that NEPA

compliance responsibilities are satisfied, and

the policy articulated in paragraph 5 of this

order is followed, with respect to their

programs and projects. In consultation with

the REQA, the Business Lines will utilize

interdisciplinary professional expertise in

their implementation of NEPA

responsibilities.

8. Implementation of NEPA and related

authorities.

8.a. In accordance with applicable

regulations and standards, and with program

guidance provided by PT, the responsible

agency official shall:

8.a.(1) Ensure that the applicable

requirements of NEPA and related authorities

are met in a timely manner during planning

for any GSA action, in a manner consistent

with the policy articulated in paragraph 5 of

this order.

8.a.(2) Ensure that mitigation measures

established through review of actions under

NEPA and related authorities are carried out

as part of implementing the actions.

8.a.(3) Ensure that the means by which

GSA has met its responsibilities, and the

costs involved in doing so, are fully

documented.

8.b. The procedures set forth in PBS Order

P 1095.4C shall be followed in implementing

NEPA and related authorities.

9. Effective Date. Every effort shall be made

to implement the provisions of this order

immediately.

Administrator

PBS 1095.4C

COMPLIANCE WITH THE NATIONAL

ENVIRONMENTAL POLICY ACT

1. Purpose. This order provides direction

for carrying out the procedural requirements

of the National Environmental Policy Act

(NEPA) and related legal authorities, in

furtherance of the policy and direction

provided in ADM 1095.1F.

2. Background. NEPA establishes as policy

that the Federal government will: ‘‘use all

practicable means, consistent with other

essential considerations of national policy, to

improve and coordinate Federal plans,

functions, programs, and resources to the end

that the Nation may:

(1) Fulfill the responsibilities of each

generation as trustee of the environment for

succeeding generations;

(2) Assure for all Americans safe, healthful,

productive, and esthetically and culturally

pleasing surroundings;

(3) Attain the widest range of beneficial

uses of the environment without degradation,

risk to health or safety, or other undesirable

and unintended consequences;

(4) Preserve important historic, cultural,

and natural aspects of our national heritage,

and maintain, wherever possible, an

environment which supports diversity, and

variety of individual choice;

(5) Achieve a balance between population

and resource use which will permit high

standards of living and a wide sharing of

life’s amenities; and

(6) Enhance the quality of renewable

resources and approach the maximum
Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 / Notices 34897

attainable recycling of depletable resources.’’

(42 U.S.C. 4321(a))

As an important means of carrying out this

policy, NEPA requires Federal agencies to

analyze the impacts of their proposed actions

(activities, programs, projects, legislation) on

the environment, and on the relationship of

people with the environment. This analysis

is to be undertaken early in planning any

such action, as an aid to deciding whether or

not the action will go forward, and if so how.

Consideration must be given to practicable

alternative means of achieving the purpose

and need for the proposed action, and to the

alternative of not taking any action. The

analysis is to be completed, and used to

inform the decisionmaker and make the

public aware of the action’s potential

impacts, before the decision is made about

whether and how to proceed with the action.

Analysis of environmental impacts must:

‘‘utilize a systematic, interdisciplinary

approach which will insure the integrated

use of the natural and social sciences and the

environmental design arts in planning and in

decisionmaking which may have an impact

on man’s environment’’ (42 U.S.C.

4322(2)(A))

NEPA also requires that, to the fullest

extent possible, analyses and consultations

required by other environmental laws be

coordinated with those required under

NEPA, to reduce redundancy, paperwork,

time, and cost.

Requirements for compliance with the

procedural provisions of NEPA are set forth

in regulations issued by the Council on

Environmental Quality (40 CFR 1500–11508,

hereinafter the CEQ regulations). ADM

1095.1.F contains GSA’s general policy

regarding NEPA implementation, and assigns

responsibilities to the Administrator, the

Regional Administrators, Heads of Services

and Business Lines, the Commissioner,

Public Buildings Service (PBS), and the

Office of Business Performance (PX) in PBS.

This order provides further detail regarding

the conduct of NEPA impact analyses.

3. Responsibilities

3.a. Assistant Commissioner, Office of

Business Performance (PX)

3.a.(1) Advises the Commissioner, other

Heads of Services and Business Lines,

Regional Administrators, and other GSA

managers and staff regarding NEPA

implementation and related matters.

3.a.(2) Maintains a professional NEPA

Liaison staff to carry out this responsibility.

3.b. NEPA Liaison

3.b.(1) Coordinates compliance with NEPA

and related authorities throughout GSA on a

day-to-day basis.

3.b.(2) Provides advice and assistance to

Regional Office NEPA Regional

Environmental Quality Advisor (REQA).

3.b.(3) With the cooperation of Services,

Business Lines, and Regional Offices,

provides guidance, education and training,

and advice about education and training

standards and opportunities to GSA

personnel who have responsibilities to which

NEPA requirements may pertain.

3.b.(4) Coordinates with the Council on

Environmental Quality (CEQ) and other

national oversight bodies;

3.b.(5) Represents GSA in interagency

coordination on NEPA and related matters on

a national basis.

3.b.(6) Routinely solicits and acts upon the

advice of REQAs in developing program

direction and carrying out the

responsibilities of the NEPA Liaison.

3.b.(7) Promulgates, maintains, and when

necessary updates a ‘‘NEPA Desk Guide’’

providing detailed direction and advice

regarding NEPA implementation.

3.c. Regional Administrators.

3.c.(1) Are the responsible officials for

compliance with NEPA on actions under

their jurisdiction.

3.c.(2) Maintain a NEPA Regional

Environmental Quality Advisor (REQA) as

described below.

3.c.(3) Ensure that the REQA is

empowered to advise and assist in planning

and decisionmaking on actions that could

affect the human environment, in a way and

at a time in the planning and decisionmaking

process that maximizes the effectiveness of

the REQA’s advice and assistance.

3.c.(4) Ensure that all Regional program

staff involved in planning and

decisionmaking about actions that could

affect the human environment are made

aware of GSA’s responsibilities under NEPA

and related authorities, are acquainted with

this order, ADM 1095.1F, and the NEPA Desk

Guide, are held accountable for the quality of

their actions and decisions, and are required

to coordinate effectively with the REQA.

3.d. NEPA Regional Environmental Quality

Advisor (REQA).

3.d.(1) Is the center of expertise

maintained at the Regional Office (RO) in

which expertise in NEPA and related

authorities such as the National Historic

Preservation Act and the Endangered Species

Act is maintained.

3.d.(2) Is located within PT or elsewhere

in the RO organizations where it can

influence decisionmaking early in GSA’s

planning or preparation for any action

subject to review under NEPA and related

authorities.

3.d.(3) Is responsible for participation in

GSA planning and decisionmaking, for

advising the Regional Administrator (RA),

Assistant Regional Administrator (ARA), and

other decisionmakers, and for providing

training and technical assistance to all

pertinent GSA employees and contractors.

3.d.(4) Maintains interdisciplinary

expertise in environmental matters, through

the employment of qualified staff and/or by

interagency agreement or under contract.

3.d.(5) Reviews all documentary products

of GSA NEPA analyses, and assists program

staff in ensuring that such products, and the

analyses they report, are adequate and

defensible.

3.d.(6) Maintains records of GSA NEPA

compliance activities.

3.d.(7) Routinely interacts with and is

assisted by, the NEPA Liaison.

3.d.(8) Maintains an up-to-date NEPA

Desk Guide and other needed guidance

material.

3.d.(9) Develops and maintains an up-todate checklist for use in determining whether

an action requires an environmental

assessment or impact statement (the CATEX

Checklist; see paragraph 4.b.(2)(a).

3.e. Program Staff.

3.e.(1) For the purposes of this order,

include all GSA employees responsible for

the management and implementation of

program actions, such as project planning

and development, project management,

leasing, and disposal of real property.

3.e.(2) Are responsible for:

3.e.(2)(a) With the assistance of the NEPA

Liaison and REQAs, developing and

maintaining a thorough understanding of

NEPA requirements and the requirements of

related authorities, and of the policy

articulated in ADM 1095.1F, as these pertain

to their program areas.

3.e.(2)(b) Ensuring that NEPA and related

authorities are complied with to the best of

their abilities, as early as possible in

planning any action within their program

areas.

3.e.(2)(c) Coordinating their programs,

activities, and projects with REQAs.

3.e.(2)(d) Implementing all mitigation and

other commitments resulting from NEPA

compliance for actions under their authority.

4. Implementation of NEPA and related

authorities.

4.a. Classification of GSA actions.

4.a.(1) All GSA actions fall into one of the

following three classes, in terms of

requirements for review under NEPA:

categorical exclusions, environmental

assessments, and environmental impact

statements.

4.a.(2) Program staff, in consultation with

the REQA, are responsible for classifying

actions and undertaking the level of analysis,

consultation, and review appropriate to each.

4.b. Categorical Exclusions (CATEX)

4.b.(1) A categorical exclusion (CATEX)

is a category of actions which do not

individually or cumulatively have a

significant effect on the human environment,

except under extraordinary circumstances

(42 CFR 1508.4). Because they lack the

potential for effect, they do not require

detailed analysis under NEPA.

4.b.(2) GSA recognizes two types of

CATEX:

4.b.(2)(a) The Automatic CATEX: a

category of action that is so unlikely to have

an effect on the environment that an action

falling into this category may be

automatically assumed to require no further

review under NEPA, unless the responsible

program staff determine that an extraordinary

circumstance may exist, whereupon a

CATEX Checklist must be prepared (see

below). The likelihood of such a

circumstance is judged to be so low that no

specific environmental analysis is required.

4.b.(2)(b) The Checklist CATEX: a

category of action that is generally very

unlikely to have a significant effect on the

environment, but that requires a cursory

review to ensure that no extraordinary

circumstances exist. For an action falling into

such a category, a CATEX Checklist is

completed, leading to a conclusion by

program staff, concurred in by the REQA, as

to whether the action needs further review

under NEPA. The CATEX Checklist is

developed and maintained by the REQA,

based on a model in the NEPA Desk Guide.

4.b.(3) Both Automatic and Checklist

CATEXs are listed in Appendix 1 and in the

NEPA Desk Guide.
34898 Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 / Notices

4.c. Environmental Assessment (EA).

4.c.(1) An Environmental Assessment

(EA) is a concise public document prepared

by or on behalf of GSA that assists GSA in

deciding whether there may be significant

effects requiring a more detailed

Environmental Impact Statement is

necessary, and where such a Statement is not

necessary, supports GSA’s compliance with

the requirements of NEPA and related

authorities.

4.c.(2) The analysis required for an EA

leads either to a Finding of No Significant

Impact (FONSI) or a Notice of Intent (NOI)

to prepare an Environmental Impact

Statement.

4.c.(3) Directions for preparing an EA are

found in the NEPA Desk Guide.

4.d. Environmental Impact Statement (EIS).

4.d.(1) An Environmental Impact

Statement (EIS) is a detailed analysis and

report, meeting standards set forth in the

CEQ regulations, that details the

environmental effects of a proposed action

and its alternatives. An EIS is prepared for

any GSA action that may have significant

effects on the quality of the human

environment.

4.d.(2) Certain actions always are likely to

have significant effects on the quality of the

human environment, and hence always

require an EIS. These classes of action are

listed in Appendix 2.

4.d.(3) Where an action does not fall into

one of the classes listed in Appendix 2, the

responsible GSA official shall ensure that an

EIS is prepared if it appears that the action

is likely to have significant effects on the

quality of the human environment. An EA

may be prepared to aid in deciding whether

an EIS is needed, or the responsible official

may decide to prepare an EIS without

preparing an EA.

4.d.(4) Direction for preparing,

circulating, finalizing, and using an EIS in

decisionmaking are found in the NEPA Desk

Guide, and in the CEQ regulations.

4.e. Using NEPA in decisionmaking.

4.e.(1) Each Head of Service, Business

Line, and Regional Office shall establish

internal systems to ensure that the

requirements of NEPA, related authorities,

the CEQ regulations, ADM 1095.1F, and this

order are carried out.

4.e.(2) Each such system shall ensure

that:

4.e.(2)(a) Compliance with NEPA and

related authorities begins at the earliest point

in planning any action, when the widest

reasonable range of alternatives is open for

consideration.

4.e.(2)(b) The NEPA review process is

carried out in coordination with continued

planning.

4.e.(2)(c) All personnel involved in

planning actions should view NEPA review

as part of effective planning, not as a mere

documentation requirement.

4.e.(2)(d) Outside agencies, state and

local governments, Indian tribes, and the

public are afforded reasonable opportunities

to participate in NEPA review, and to

influence GSA decisions.

4.e.(2)(e) The results of NEPA review are

fully considered by each GSA decisionmaker

before making a decision on an action subject

to such review.

4.e.(2)(f) Executives and other employees

responsible for aspects of NEPA review are

held accountable for the performance of such

responsibilities, through performance

reviews and other administrative

mechanisms.

5. Coordination with other authorities.

5.1. To the maximum extent feasible,

NEPA review shall be coordinated with

review of proposed actions under other

environmental legal authorities, including

but not limited to the Comprehensive

Environmental Response, Compensation, and

Liability Act (CERCLA), the National Historic

Preservation Act (NHPA), the Endangered

Species Act (ESA), Executive Orders 11988

and 13006, and other authorities listed in the

NEPA Desk Guide.

5.2. In effecting such coordination,

responsible GSA officials will ensure that the

substantive and procedural requirements of

each other authority are met, together with

the requirements of NEPA. It will be

explicitly understood that compliance with

NEPA does not substitute for compliance

with another authority, nor does compliance

with such other authority substitute for

compliance with NEPA.

6. Public involvement.

6.1. As part of its system for NEPA

compliance, each Head of Service, Business

Line, and Regional Office shall provide for

levels and kinds of public involvement

appropriate to the class of action and its

likely effects, taking into account the

recommendations regarding public

involvement found in the NEPA Desk Guide.

6.2. Where a related authority provides

specific procedures for public involvement,

the responsible GSA official shall ensure that

such procedures are addressed in the process

of NEPA review.

6.3. Public involvement in GSA

decisionmaking shall have as its purpose the

full disclosure of GSA actions and

alternatives to the public, within the

constraints of GSA program authorities, and

giving the public a full opportunity to

influence GSA decisions, subject to the same

constraints and the requirements of the

Federal Advisory Committees Act (FACA).

6.4. Pursuant to Executive Order 12898,

special efforts will be made to involve

members of potentially affected low-income

and minority communities in NEPA review

and decisionmaking. Such efforts may

include, but are not limited to, special

programs of community outreach, including

cross-cultural programs, translations of

pertinent documents, and ensuring that

translators are available at public meetings.

7. Cooperating agencies.

7.1. The responsible GSA official may

invite other agencies to serve as cooperating

agencies in the conduct of NEPA review on

a GSA action.

7.2. At a minimum, GSA will invite agency

customers for GSA services to participate as

cooperating agencies. Other agencies with

jurisdiction by law or expertise may also be

invited to serve as cooperating agencies.

8. GSA Participation in NEPA compliance

by other agencies.

8.1. GSA may participate in the NEPA

process as a cooperating agency for another

lead agency’s project, or as a commenter /

reviewer of another agency’s NEPA

document. GSA may also participate in

environmental studies carried out by nonfederal parties (for example, a local

government conducting studies under a State

environmental policy law) where such

studies are relevant to GSA’s interests or may

be incorporated by GSA into its own studies

under NEPA. Where GSA will be responsible

for a decision on a project that is the subject

of such a study, and has the authority to do

so, GSA will require that the study and its

resulting documents meet the standards set

forth in the NEPA Desk Guide and related

GSA standards.

8.2. As a cooperating agency, GSA

participates in the NEPA process as

requested by the lead agency, in accordance

with 40 CFR 1501.6 of the CEQ regulations.

Tasks may include participating in meetings

and providing specific information relevant

to the matters over which it has jurisdiction

by law or expertise.

8.3. The responsible GSA official (Head of

Service, Business Line, or Regional Office)

may provide comments and/or reviews of

another agency’s NEPA documents, and/or

other Federal and State environmental

documents. Such comments or reviews shall

be provided where the other agency so

requests and the responsible official

determines that GSA has jurisdiction by law

or special expertise, and may be provided in

other cases where the responsible official or

designee determines that GSA has an interest

in the action covered by the environmental

document.

8.4. GSA has jurisdiction by law or

expertise on the following topics, as listed in

40 CFR Ch. V, Appendix II of the CEQ

regulations: Federal land management,

Community development, Historic,

architectural, and archaeological resources.

8.5. GSA comments shall be in provided in

accordance with 40 CFR 1503.3 of the CEQ

regulations.

8.6. GSA comments shall be prepared in

consultation with, or by, the pertinent REQA

and/or the Central Office NEPA Liaison.

9. NEPA Desk Guide.

All Heads of Service, Business Lines, and

Regional Offices will employ the NEPA Desk

Guide issued and periodically updated by the

NEPA Liaison as guidance in carrying out

this order and ADM 1095.1F.

Robert Peck,

Commissioner.

Appendix 1: Categorical Exclusions

1.1 PURPOSE

The stated purpose of Categorical

Exclusions (CATEXs) is to limit extensive

NEPA analysis to those actions that may be

major Federal actions significantly affecting

the quality of the human environment, thus

streamlining the NEPA process, saving time,

effort, and taxpayer dollars.

1.2 DEFINITION

An action is categorically excluded from

the requirement to prepare an EA or an EIS

if it meets the following definition:

‘‘Categorical exclusion’’ means a category

of actions which do not individually or

cumulatively have a significant effect on the

human environment and which have been
Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 / Notices 34899

found to have no such effect in procedures

adopted by a Federal agency [. . .] and for

which, therefore, neither an Environmental

Assessment nor an Environmental Impact

Statement is required. 40 CFR 1508.4

GSA has identified two types of CATEXs:

(1) the ‘‘automatic’’ CATEX, that by its very

nature cannot be a major Federal action

significantly affecting the quality of the

human environment, and (2) the ‘‘checklist’’

CATEX, which requires completion of an

environmental checklist to ensure no

‘‘extraordinary circumstances’’ exist

indicating the need for an EA or EIS.

1.3 AUTOMATIC CATEXs

The following are automatic CATEXs,

requiring no checklist.

(a) Issuance of easements, licenses, or

outleases for use of space in existing Federal

office buildings, where consistent with local

planning and zoning, provided Section 106

of the NHPA is complied with where

applicable.

(b) Acquisition of space within an existing

structure, either by purchase or lease, where

no change in the general type of use and only

minimal change from previous occupancy

level is proposed (previous occupant need

not have been a Federal tenant).

(c) Relocation of employees into existing

Federally controlled space, that does not

involve a substantial change in the number

of employees or motor vehicles.

(d) Reductions in force or other personnel,

administrative, or ministerial actions,

including bargaining with employee unions

and managing routine activities normally

conducted to protect or maintain GSAcontrolled properties (e.g., security and

custodial services).

(e) Lease extensions, renewals, or

succeeding leases.

(f) Outlease or license of governmentcontrolled space, or sublease of governmentleased space to a non-Federal tenant when

the use will remain substantially the same.

(g) Acquisition of land or easements that

result in no immediate change in use and

where subsequent compliance with NEPA

and other applicable laws and regulations

will take place as needed.

(h) Site characterization studies and

environmental monitoring, including siting,

construction, operation, and dismantling or

closing of characterization and monitoring

devices. Such activities include, but are not

limited to:

(1) Site characterization and environmental

monitoring activities under RCRA and

CERCLA;

(2) Geological, geophysical, geochemical,

and engineering surveys and mapping,

including the establishment of survey marks;

(3) Installation and operation of field

instruments, such as streamgauging stations

or flowmeasuring devices, telemetry systems,

geochemical monitoring tools, and

geophysical exploration tools;

(4) Drilling of wells for sampling or

monitoring of groundwater, well logging, and

installation of waterlevel recording devices

in wells;

(5) Aquifer response testing;

(6) Installation and operation of ambient

air monitoring equipment;

(7) Sampling and characterization of water,

soil rock, or contaminants;

(8) Sampling and characterization of water

effluents, air emissions, or solid waste

streams;

(9) Sampling of flora or fauna; and

(10) Archeological, historic, and cultural

resource identification and evaluation

studies in compliance with 36 CFR part 800

and 43 CFR part 7.

(i) Administrative actions such as

procurement of consultant services for

appraisal or environmental analysis.

(j) Repair and alteration projects involving,

but not adversely affecting, properties listed

on or eligible for the National Register of

Historic Places, when there is no evidence of

community controversy or other

environmental issues. The process required

by Section 106 of the National Historic

Preservation Act (NHPA) must be followed;

see ADM 1020.2.

(k) Repairs and alterations or

modernization conducted in accordance with

applicable plans, such as Facility Master

Plans, where such plans have been reviewed

under NEPA and there is no evidence of

community controversy or unresolved

environmental issues. The process required

by Section 106 of the NHPA must be

followed; see ADM 1020.2.

(l) Repair to or replacement in kind of

equipment or components in GSA-controlled

facilities without change in location, e.g.

HVAC, electrical distribution systems,

windows, doors or roof.

(m) Facility maintenance, custodial, and

groundskeeping activities not involving

environmentally sensitive areas (such as

eroded areas, wetlands, cultural sites, etc.),

including window washing, lawn mowing,

trash collecting, and snow removal.

(n) Procurement contracts for professional

services and supplies not addressed

elsewhere here.

(o) Preparation of implementation

guidance.

(p) Studies that involve no commitment of

resources other than manpower and funding.

(q) Assisting Federal agencies in public

utilities management (excluding

communications), negotiating for public

utility services on behalf of Federal agencies,

and providing expert testimony before public

utility regulatory bodies.

r. Federal real property utilization surveys

in accordance with Executive Order 12348.

s. Real property inspections for compliance

with deed restrictions.

t. Administrative action by GSA to remove

clouds on titles.

u. Disposal of real property required by

public law wherein Congress has specifically

exempted the action from the requirements of

NEPA.

1.4 CHECKLIST CATEXs

The following are categorical exclusions

that require preparation of a checklist to

ensure that no extraordinary circumstances

exist that would require preparation of an EA

or EIS.

a. Acquisition of land which is not in a

floodplain or other environmentally sensitive

area and does not result in condemnation.

b. Acquisition of space by Federal

construction or lease construction, or

expansion or improvement of an existing

facility where all of the following conditions

are met:

1. The structure and proposed use are

substantially in compliance with local

planning and zoning and any applicable

State or Federal requirements;

2. The proposed use will not substantially

increase the number of motor vehicles at the

facility;

3. The site and the scale of construction are

consistent with those of existing adjacent or

nearby buildings; and

4. There is no evidence of community

controversy or other environmental issues.

c. Property disposal actions undertaken for

another Federal agency, where that agency

has already documented compliance with

applicable legal requirements such as NEPA,

NHPA, CERCLA, Endangered Species Act.

(See ADM 1095.1d.)

d. Transfers of real property to Federal,

State, and local agencies, and Indian Tribes.

e. Assignments of real property to another

Federal agency for subsequent conveyance to

a State or local agency, or to eligible nonprofit institutions for health, educational, or

park and recreation uses.

f. Disposal of real property to State or local

agencies for wildlife conservation and

historic monument purposes.

g. Disposal of real property required by

public law wherein Congress has not

specifically exempted the action from the

requirements of NEPA.

h. Issuance of easements, licenses, or

outleases for use of space in Federal facilities

other than existing office buildings.

i. Disposal of related personal property,

demountable structures, transmission lines,

utility poles, railroad ties, and track.

j. Disposal of properties where the size,

area, topography, and zoning are similar to

existing surrounding properties and/or where

current and reasonable anticipated uses are

or would be similar to current surrounding

uses (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).

k. Abrogation of use restrictions contained

in the conveyance documents of previous

disposals when:

l. Upon request of another Federal agency

for concurrence, GSA only provides

concurrence subject to the requesting

agency’s compliance with NEPA, or

m. GSA has no reason to believe that the

abrogation will result in a significant change

in property use, or

n. The abrogation is for a reduction in time

only.

o. Sale of improvements to underlying

property fee owner and disposal of fee

ownership to parties who have had

possession and/or use of the property for five

years or more through permit, lease, license,

or easement.

Appendix 2: Actions Requiring

Environmental Impact Statement

The following actions are considered to be

major Federal actions significantly affecting

the quality of the human environment, and

therefore must be the subjects of

Environmental Impact Statements (EIS), as
34900 Federal Register / Vol. 63, No. 123 / Friday, June 26, 1998 / Notices

must any other action that an Environmental

Assessment (EA) indicates may have

significant environmental effects:

• Master plans for Federally owned major

buildings, building complexes, and sites

(Note: EIS should be designed so that

subsequent EISs and EAs can be tiered off it).

• Acquisition of space by Federal

construction or lease construction, or

expansion or improvement of an existing

facility, where one or more of the following

applies:

—The structure and/or proposed use are not

substantially consistent with local

planning and zoning or any applicable

State or Federal requirements.

—The proposed use will substantially

increase the number of motor vehicles at

the facility.

—The site and scale of construction are not

consistent with those of existing adjacent

or nearby buildings.

—There is evidence of current or potential

community controversy about

environmental justice or other

environmental issues.

• Space acquisition programs projected for

a substantial geographical area (e.g., a

metropolitan area) for a 3-to-5-year period or

greater (Note: a PEIS is often appropriate

here, off which subsequent EISs and EAs can

be tiered).

[FR Doc. 98–16304 Filed 6–25–98; 8:45 am]

BILLING CODE 6820–BR–U

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Meeting of the National Bioethics

Advisory Commission (NBAC)

SUMMARY: Pursuant to section 10(d) of

the Federal Advisory Committee Act, as

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

is given of a meeting of the National

Bioethics Advisory Commission. The

Commission will continue addressing

(1) The protection of the rights and

welfare of human subjects in research

including research involving persons

with mental disorders affecting

decisionmaking capacity, (2) issues in

the research use of human biological

materials, and (3) a proposed project on

the ethical and legal issues in

international research supported and/or

conducted by the United States. The

Commission also plans to hear

presentations on the ethical principles

expressed in the seminal Belmont

Report, the Inspector General’s Report

on Institutional Review Boards, and

research concerns in Native American

communities. The meeting is open to

the public and opportunities for

statements by the public will be

provided on July 15, 1998 from 11:30

am to 12 Noon.

Dates/Times:

July 14, 1998, 1:00 pm–5:00 pm and

July 15, 1998 8:00 am—5:00 pm.

Location:

Oregon Ballroom, Salon F, Portland

Marriott, and 1401 Naito Parkway,

Portland, Oregon.

SUPPLEMENTARY INFORMATION: The

President established the National

Bioethics Advisory Commission (NBAC)

on October 3, 1995 by Executive Order

12975 as amended. The mission of the

NBAC is to advise and make

recommendations to the National

Science and Technology Council, its

Chair, the President and other entities

on bioethical issues arising from the

research on human biology and

behavior, and from the applications of

that research and makes its

recommendations available to the

public.

Public Participation

The meeting is open to the public

with attendance limited by the

availability of space on a first come, first

serve basis. Members of the public who

wish to present oral statements should

contact Ms. Patricia Norris by

telephone, fax machine, or mail as

shown below at least 4 days before the

meeting and as soon as possible. The

Chair will reserve time for presentations

by persons requesting to speak and

requests that oral statements be limited

to five minutes . The order of persons

wanting to make a statement will be

assigned on a first come, first serve

basis. Individuals unable to make oral

presentations can mail or fax their

comments to the NBAC staff office at

least five business days prior to the

meeting for distribution to the

Commission and inclusion in the public

record. The Commission also accepts

general comments at its website at

bioethics.gov. Persons needing special

assistance, such as sign language

interpretation or other special

accommodations, should contact NBAC

staff at the address or telephone number

listed below as soon as possible.

FOR FURTHER INFORMATION CONTACT: Ms.

Patricia Norris, National Bioethics

Advisory Commission, 6100 Executive

Boulevard, Suite 5B01, Rockville,

Maryland 20892–7508, telephone 301–

402–4242, fax number 301–480–6900.

Henrietta D. Hyatt-Knorr,

Deputy Executive Director, National Bioethics

Advisory Commission.

[FR Doc. 98–16623 Filed 6–25–98; 8:45 am]

BILLING CODE 4160–17–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Centers for Disease Control and

Prevention

[Program Announcement 98046]

National Comprehensive Cancer

Control Program; Notice of Availability

of Funds for Fiscal Year 1998;

Amendment

A notice announcing the availability

of Fiscal Year 1998 funds for

cooperative agreements to implement

comprehensive cancer control plans was

published in the Federal Register on

May 13, 1998, (63 FR 26614). The notice

is amended as follows:

On page 26614, in the announcement

title, Announcement number is changed

to 99046.

On page 26614, third column, under

the heading Availability of Funds the

first paragraph should read:

Approximately $1.5 million is available

in FY 1999 to fund approximately 5

awards * * * Line seven should read:

on or about October 30, 1998 * * *.

On page 26619, under the heading

Application Submission and Deadline

the first paragraph should read: The

original and two copies of the

completed CDC 0.1246 must be

submitted to * * * on or before July 27,

1998.

On page 26619, under the heading

Where to Obtain Additional

Information, the third paragraph should

read: Please refer to Program

Announcement Number 99046 when

requesting information and submitting

an application.

On page 26620, under the heading

Eligibility Assurance Form, the third

subparagraph, on the third line should

read: an up-to-date detailed final draft

ready for implementation by October 30,

1998.

All other information and

requirements of the notice remain the

same.

Dated: June 22, 1998.

Joseph R. Carter,

Acting Associate Director for Management

and Operations, Centers for Disease Control

and Prevention (CDC).

[FR Doc. 98–17089 Filed 6–25–98; 8:45 am]

BILLING CODE 4163–18–M