38172 Federal Register / Vol. 63, No. 135 /Wednesday, July 15, 1998 / Notices

appropriations from Congress to

reimburse EPA $778,425 for past costs

incurred by EPA at the Site.

For thirty (30) days following the date

of publication of this notice, EPA will

receive written comments relating to the

settlement. If requested prior to the

expiration of this notice, EPA will

provide an opportunity for a public

meeting in the affected area. EPA’s

response to any comments received will

be available for inspection at the U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105.

DATES: Comments must be submitted on

or before August 14, 1998.

ADDRESSES: Availability: A copy of the

proposed Agreement may be obtained

from Danita Yocom, Assistant Regional

Counsel (RC–3), 75 Hawthorne Street,

San Francisco, California 94105.

Comments should reference the Fresno

Industrial Supply Inc., Superfund Site

and EPA Docket No. 98–2, and should

be addressed to Danita Yocom at the

above address.

FOR FURTHER INFORMATION CONTACT:

Danita Yocom, Office of Regional

Counsel, U.S. EPA, Region IX, 75

Hawthorne Street, (RC–3), San

Francisco, California 94105; E-mail:

yocom.danita@epa.gov; Telephone:

(415) 744–1347.

Dated: July 6, 1998.

Michael Feeley,

Deputy Director, Superfund Division, U.S.

EPA, Region IX.

[FR Doc. 98–18864 Filed 7–14–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL DEPOSIT INSURANCE

CORPORATION

Statement of Policy Regarding the

National Environmental Policy Act of

1969

AGENCY: Federal Deposit Insurance

Corporation (FDIC).

ACTION: Proposed Statement of Policy.

SUMMARY: As part of the FDIC’s

systematic review of its regulations and

written policies under section 303(a) of

the Riegle Community Development and

Regulatory Improvement Act of 1994

(CDRI Act), the FDIC is proposing to

revise its Statement of Policy on the

National Environment Policy Act of

1969 (NEPA). The original Statement of

Policy, issued on March 31, 1980,

describes the FDIC’s responsibility and

procedures with respect to the NEPA.

The revised Statement of Policy

reflects the FDIC’s experience in

applying the current NEPA Statement of

Policy, and primarily affects

applications for deposit insurance for de

novo institutions, establishment of a

domestic branch, and relocation of a

domestic branch or main office.

Categorical exclusions are established

for all other filings submitted to the

FDIC pursuant to 12 CFR part 303. In

extraordinary circumstances, however,

the NEPA procedures may also impact

categorically excluded filings. The

revision also makes the Statement of

Policy more concise and

understandable.

DATES: Comments must be submitted on

or before August 31, 1998.

ADDRESSES: Send written comments to

Robert E. Feldman, Executive Secretary,

Attention: Comments/OES, Federal

Deposit Insurance Corporation, 550 17th

Street NW, Washington, D.C. 20429.

Comments may be hand delivered to the

guard station located at the rear of the

17th Street building, on F Street, on

business days between 7:00 a.m. and

5:00 p.m. The FAX number is (202)

898–3838, and the Internet address is

comments@fdic.gov. Comments may be

inspected and photocopied at the FDIC

Public Information Center, Room 100,

801 17th Street NW, Washington, D.C.,

between 9:00 a.m. and 4:30 p.m. on

business days.

FOR FURTHER INFORMATION CONTACT:

Marilyn Reddy, Review Examiner,

Division of Supervision (202) 898–6772;

A. Ann Johnson, Counsel, Legal

Division (202) 898–3573; David Fisher,

Counsel, Legal Division (202)–736–

3103, Federal Deposit Insurance

Corporation, Washington, D.C. 20429.

SUPPLEMENTARY INFORMATION: The FDIC

is conducting a systematic review of its

regulations and written policies. Section

303(a) of the CDRI Act, 12 U.S.C.

4803(a), requires the FDIC to streamline

and modify its regulations and written

policies in order to improve efficiency,

reduce unnecessary costs, and eliminate

unwarranted constraints on credit

availability. Section 303(a) also requires

the FDIC to remove inconsistencies and

outmoded and duplicative requirements

from its regulations and written

policies.

As part of this review, the FDIC has

determined that its Statement of Policy

on the NEPA should be revised. The

NEPA sets forth a national policy to

promote preservation of the

environment. It requires, in part, that all

agencies of the Federal Government

include in every recommendation or

report on major Federal actions

significantly affecting the quality of the

human environment a detailed

statement that addresses the

environmental impact of the proposal.

The Council on Environmental Quality

(CEQ) has adopted regulations that

implement this requirement. 40 CFR

part 1500.

The FDIC issued its current Statement

of Policy in 1980 to provide guidance on

the NEPA and its implementing

regulations. The Statement of Policy

provides that the FDIC will consider

relevant environmental factors and

make a threshold determination that a

proposed action does or does not

significantly affect the environment.

The determination is required for

applications for deposit insurance, to

establish a branch, to merge, or to move

an office. The current Statement of

Policy also provides detailed

information on the preparation of an

environmental impact statement.

Consistent with the goals of the CDRI

Act review, the FDIC is proposing

modifications to the Statement of Policy

that will enhance efficiency in

implementing the NEPA requirements.

Pursuant to the CEQ regulations (40 CFR

1507.3(b)), the proposed Statement of

Policy establishes categorical exclusions

for all filings made by depository

institutions pursuant to 12 CFR part 303

with the exception of applications for

deposit insurance for de novo

institutions, and applications for

establishment of a domestic branch or

relocation of a domestic branch or main

office. Absent extraordinary

circumstances, filings subject to a

categorical exclusion require no further

NEPA action.

For those applications that are

categorically excluded, the proposed

Statement of Policy provides that the

FDIC may request additional

information from applicants if

extraordinary circumstances indicate

that a normally excluded action may

have a significant environmental effect.

For example, additional information

may be requested where filings involve

real property with endangered or

threatened species, wetlands or

floodplains, cultural or historic sites, or

where construction is proposed.

The proposed Statement of Policy also

describes the responsibilities of the

applicant in submitting a part 303 filing

and the FDIC in reviewing the filing.

Before approving a filing that is not

categorically excluded, the FDIC must

prepare an environmental assessment

(EA). The applicant is required to

submit sufficient information for the

FDIC to determine whether the

application may affect the quality of the

human environment.

If the EA prepared by the FDIC

indicates that approval of the filing will

not significantly affect the quality of the

human environment, the NEPA process
Federal Register / Vol. 63, No. 135 /Wednesday, July 15, 1998 / Notices 38173

will conclude with a finding of no

significant impact (FONSI) to document

the FDIC’s determination.

On the other hand, if the EA indicates

that approval of the filing may

significantly affect the quality of the

human environment, the FDIC will

prepare and circulate an environmental

impact statement (EIS) in accordance

with the CEQ regulations. Because cases

that involve the preparation of an EIS

are expected to be extremely rare, the

proposed Statement of Policy no longer

includes detailed information on the

preparation of an EIS. Instead, the

proposed Statement of Policy states that

the FDIC will comply with the

requirements of the CEQ regulations.

In addition, the proposed Statement

of Policy provides for public

involvement in the FDIC’s NEPA

compliance activities.

According to the Paperwork

Reduction Act (44 U.S.C. 3501 et seq.),

the FDIC may not conduct or sponsor,

and a person is not required to respond

to, a collection of information unless it

displays a currently valid Office of

Management and Budget (OMB) control

number. Although the proposed

Statement of Policy does not create or

change any collection of information,

OMB has approved the information

collections referenced in the proposed

Statement of Policy as parts of a larger

collection of information. OMB control

numbers for the approved information

collections specifically referenced in the

proposed Statement of Policy are OMB

control number 3064–0001, expiring on

July 31, 2000, for applications dealing

with deposit insurance, and OMB

control number 3064–0070, expiring on

November 30, 2000, for applications

dealing with establishment of a branch,

relocation of a main office, and

relocation of a branch. Application

requirements and procedures are

located at 12 CFR part 303.

The Board of Directors of the FDIC

hereby proposes the revised Statement

of Policy on the National Environmental

Policy Act, as set forth below.

Proposed Statement of Policy; National

Environmental Policy Act; Procedures

Relating to Filings Made With the FDIC

This Statement of Policy addresses

the FDIC’s compliance with the

National Environmental Policy Act of

1969, 42 U.S.C. 4331, et seq. (NEPA),

with respect to applications, notices,

and requests (filings) submitted to the

FDIC in accordance with governing

regulations at 12 CFR part 303. The

procedures in this Statement of Policy

primarily affect applications for deposit

insurance for de novo institutions,

establishment of a domestic branch, and

relocation of a domestic branch or main

office. There may be extraordinary

circumstances where these NEPA

procedures also impact other filings

submitted pursuant to part 303.

A. Responsibility of the FDIC

The NEPA sets forth a national policy

to promote preservation of the

environment. Section 102(2)(C) of the

NEPA requires, in part, that all agencies

of the Federal Government include in

every recommendation or report on

major Federal actions significantly

affecting the quality of the human

environment a detailed statement that

addresses the environmental impact of

the proposal. The Council on

Environmental Quality (CEQ) has

adopted regulations that implement

section 102(2)(C) of the NEPA. 40 CFR

part 1500.

The FDIC believes that its decisions

on part 303 filings will rarely have a

significant effect on the human

environment. Nevertheless, it is the

policy of the FDIC to evaluate fully its

regulatory actions, as necessary, in

accordance with the requirements of the

NEPA. This Statement of Policy

supplements, and shall be used by the

FDIC in conjunction with, the CEQ

regulations.

B. Background

NEPA and the implementing CEQ

regulations require a Federal agency to

prepare an ‘‘environmental impact

statement’’ (EIS) to analyze the effects

of, and discuss alternatives for, any

proposed major Federal action

(including approval of a filing)

significantly affecting the quality of the

human environment. Often, to

determine whether an EIS must be

prepared, an agency will prepare an

‘‘environmental assessment’’ (EA). The

EA will result in either a finding that an

EIS must be prepared, or a finding of no

significant impact (FONSI).

C. Definitions

As used in this statement of policy:

• ‘‘Major Federal action’’ includes

actions with effects that may be major

and which are potentially subject to

Federal control and responsibility.

• ‘‘Environmental impact statement’’

(EIS) means a detailed written statement

as required by section 102(2)(C) of the

NEPA which analyzes the

environmental impact of the FDIC’s

approval of a filing.

• ‘‘Environmental assessment’’ (EA)

means a concise document that sets

forth sufficient information for the FDIC

to determine whether to prepare an EIS.

• ‘‘Finding of no significant impact’’

(FONSI) means a determination that

approval of the filing will not have a

significant effect on the quality of the

human environment and therefore no

further NEPA analysis is required.

• ‘‘Categorical exclusion’’ means a

category of filings that do not

individually or cumulatively have a

significant effect on the human

environment, and which require no

NEPA analysis.

D. Categorical Exclusions

The CEQ regulations require Federal

agencies to develop categorical

exclusions as part of the agencies’ NEPA

procedures. 40 CFR 1507.3(b)(2)(ii).

Accordingly, the FDIC is establishing

categorical exclusions for all filings

made by depository institutions

pursuant to part 303 with the exception

of applications for:

(1) Deposit insurance for de novo

institutions.

(2) Establishment of a domestic

branch, or relocation of a domestic

branch or main office.

All other part 303 filings are subject

to categorical exclusions and, therefore,

require no further NEPA action.

Consistent with the CEQ regulations,

however, the FDIC may request

additional information from applicants

if extraordinary circumstances indicate

that a normally categorically excluded

action may have a significant

environmental effect. Such

extraordinary circumstances may exist,

for example, where filings involve real

property where endangered or

threatened species, wetlands or

floodplains may be present, where the

applicant’s proposed activity impacts

cultural or historic sites, or where

construction is proposed.

E. FDIC Procedure

In reviewing a part 303 filing, the

FDIC will determine whether the filing

falls within the categorical exclusions

established by this statement of policy.

If the filing falls within the categorical

exclusions, the FDIC will determine

whether the proposal involves any

extraordinary circumstances that require

NEPA analysis. If necessary, the FDIC

may request additional information

from an applicant to aid in this

determination.

1. Environmental Assessment

The FDIC must prepare an EA before

approving a filing for (1) deposit

insurance for a de novo institution, or

(2) establishment of a domestic branch,

or relocation of a domestic branch or

main office. The applicant must provide

sufficient information for the FDIC to

determine whether the application may
38174 Federal Register / Vol. 63, No. 135 /Wednesday, July 15, 1998 / Notices

affect the quality of the human

environment.

The applicant shall provide

information on compliance with local

zoning laws and regulations, and effects

on traffic patterns (including, for

example, adequacy of roads and parking

places, increase or decrease of traffic

hazards and congestion, and favorable

impacts such as potential decrease in

pollution or fuel consumption). The

FDIC may request additional

information, as warranted, on other

matters. Based on its evaluation of this

information, the FDIC will prepare the

EA.

2. Finding of No Significant Impact

If the EA indicates that approval of

the filing will not significantly affect the

quality of the human environment, the

NEPA process will conclude with a

FONSI to document the FDIC’s

determination of no significant effect on

the human environment.

3. Environmental Impact Statement

If the EA indicates that approval of

the filing may significantly affect the

quality of the human environment, the

FDIC will prepare an EIS in accordance

with the CEQ regulations.

F. Public Involvement

Pursuant to the CEQ regulations, the

FDIC will make diligent efforts to

involve the public in its NEPA

compliance activities. In addition to the

public notice requirements set forth in

part 303, the FDIC will apprise the

public of the availability of any

environmental impact statements it

prepares and will provide opportunity

for public comment prior to the

finalization of those documents.

G. Summary and Conclusion

Most of the filings made by depository

institutions pursuant to part 303 will

fall within the categorical exclusions

established by this Statement of Policy.

For those filings not falling within the

categorical exclusions, or involving

extraordinary circumstances, the FDIC

will analyze relevant information with

respect to environmental factors and

incorporate it into the FDIC’s

environmental assessment. Filings that

require the FDIC’s preparation of an

environmental impact statement are

expected to be extremely rare. When

those instances arise, the FDIC will

comply with the requirements of the

CEQ regulations regarding the

preparation and processing of

environmental impact statements.

H. Information Requests

Inquiries regarding specific filings

and requests for documents and

information should be directed to the

appropriate regional director of the

FDIC’s Division of Supervision.

By order of the Board of Directors.

Dated at Washington, D.C., this 7th day of

July, 1998.

Federal Deposit Insurance Corporation.

James LaPierre,

Deputy Executive Secretary.

[FR Doc. 98–18817 Filed 7–14–98; 8:45 am]

BILLING CODE 6714–01–P

FEDERAL ELECTION COMMISSION

Sunshine Act Meeting

DATE & TIME: Tuesday, July 21, 1998 at

10:00 a.m.

PLACE: 999 E Street, N.W., Washington,

D.C.

STATUS: This meeting will be closed to

the public.

ITEMS TO BE DISCUSSED:

Compliance matters pursuant to 2

U.S.C. § 437g.

Audits conducted pursuant to 2

U.S.C. § 437g, § 438(b), and Title 26,

U.S.C.

Matters concerning participation in

civil actions or proceedings or

arbitration.

Internal personnel rules and

procedures or matters affecting a

particular employee.

PERSON TO CONTACT FOR INFORMATION:

Mr. Ron Harris, Press Officer,

Telephone: (202) 694–1220.

Marjorie W. Emmons,

Secretary of the Commission.

[FR Doc. 98–19038 Filed 7–13–98; 3:45 pm]

BILLING CODE 6715–01–M

FEDERAL MARITIME COMMISSION

Notice of Agreement(s) Filed

The Commission hereby gives notice

of the filing of the following

agreement(s) under the Shipping Act of

1984. Interested parties can review or

obtain copies of agreements at the

Washington, DC offices of the

Commission, 800 North Capitol Street,

N.W., Room 962. Interested parties may

submit comments on an agreement to

the Secretary, Federal Maritime

Commission, Washington, DC 20573,

within 10 days of the date this notice

appears in the Federal Register.

Agreement No.: 203–011325–016

Title: Westbound Transpacific

Stabilization Agreement

Parites:

A.P. Moller-Maersk Line

American President Lines, Ltd.

China Ocean Shipping Company, Inc.

Hapag-Lloyd Container Line GmbH

Kawasaki Kisen Kaisha, Ltd.

Mitsui O.S.K. Lines, Ltd.

Nippon Yusen Kaisha Line

Orient Overseas Container Line, Inc.

P&O Nedlloyd Limited

P&O Nedlloyd B.V.

Sea-Land Service, Inc.

Evergreen Marine Corporation, Ltd.

Hanjin Shipping Co., Ltd.

Hyundai Merchant Marine Co., Ltd.

Transpacific Westbound Rate

Agreement

Synopsis: The proposed amendment (1)

clarifies operating procedures

regarding the adoption of policy or

rate guidelines, (2) shifts the

Agreement’s communications

functions and responsibilities to the

Agreement’s Secretariat and Managing

Director, and (3) corrects the title of

the Chief Executive Officer of the

Agreement.

Agreement No.: 203–011479–005

Title: Serpac Service Agreement

Parties:

Compania Sudamericana de Varpores

S.A.

Transportation Maritima

Grancolombiana S.A.

Columbus Line

Synopis: The proposed modification

revises the Agreement to include

intermodal authority in both the U.S.

and foreign portions of the geographic

scope.

Agreement No.: 201–201020–002

Title: Jacksonville-Jaxport Refrigerated

Services Terminal Lease Agreement

Parties:

Jacksonville Port Authority

Jaxport Refrigerated Services, Inc.

Synopsis: The proposed amendment

amends the provision for wharfage

and the Minimum Annual Guarantee.

The amendment also includes a

provision for a crane rental. The

agreement continues to run through

March 9, 2017.

Dated: July 9, 1998.

By Order of the Federal Maritime

Commission.

Joseph C. Polking,

Secretary.

[FR Doc. 98–18755 Filed 7–14–98; 8:45 am]

BILLING CODE 6730–01–M