[Federal Register Volume 61, Number 82 (Friday, April 26, 1996)]
[Notices]
[Pages 18573-18575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10335]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE
Corps of Engineers


Proposed Authorization Under the U.S. Army Corps of Engineers 
Nationwide General Permit Program of the U.S. Department of 
Transportation, United States Coast Guard Categorical Exclusions for 
Certain Activities Requiring Department of the Army Authorization

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of intent and request for comments.

-----------------------------------------------------------------------

SUMMARY: The Corps of Engineers is proposing to authorize U.S. Coast 
Guard categorical exclusions (CEs) under nationwide general permit 
number 23. The Corps is requesting comment on the appropriateness of 
the CEs for nationwide general permit authorization and any conditions 
or restrictions to such authorization. The Coast Guard has previously 
adopted its CEs pursuant to the Council on Environmental Quality 
Regulation for Implementing the Procedural Provisions of the National 
Environmental Policy Act (NEPA) (40 CFR part 1500 et seq.).

DATES: Comments must be received by May 28, 1996.

ADDRESSES: Comments may be mailed to the U.S. Army Corps of Engineers, 
ATTN: CECW-OR, Nationwide General Permit Number 23 Docket, 20 
Massachusetts Avenue, N.W., Washington, D.C. 20314-1000 or faxed to 
(202) 761-5096.

FOR FURTHER INFORMATION CONTACT:

Mr. Victor Cole, Regulatory Branch, Office of the Chief of Engineers at 
(202) 761-0199.

SUPPLEMENTARY INFORMATION: The Coast Guard has requested Corps 
authorization in accordance with the Corps nationwide general permit 
number 23 of its CEs originally published in the Federal Register on 
July 29, 1994 (59 FR 38654), and subsequently modified on September 6, 
1995 (60 FR 46327), June 20, 1995 (60 FR 32197), and March 27, 1996 (61 
FR 13563). The Corps issued the nationwide general permit to reduce 
duplicative Federal processes when another Federal agency has completed 
the NEPA analysis for an activity, and to expedite Department of the 
Army authorization for projects having no more than minimal adverse 
environmental effects either individually or cumulatively.
    In 1983, the Corps approved the original Coast Guard CEs (45 FR 
32819) and have been authorizing the approved CEs since then. We are 
publishing the existing Coast Guard CEs in their entirety, 
incorporating the subsequent changes made by the Coast Guard as 
identified in the Federal Register citations listed above. Reviewers 
should note that several of the categorical exclusions do not require 
Department of the Army authorization but are listed to provide the 
complete listing and same numbering system as the Coast Guard CEs. For 
further information regarding the original establishment of the CEs by 
the Coast Guard, the Federal Register citations above should be 
reviewed. Upon review and consideration of comments received, the Corps 
will publish the final list of Coast Guard CEs approved by the Corps to 
qualify under nationwide general permit number 23, including any 
required notification procedures and/or certain conditions, in the 
Federal Register.

    Dated: April 16, 1996.
Colonel Ronald L. Stewart,
Assistant Chief, Operations, Construction, and Readiness Division, 
Directorate of Civil Works.

U.S. Coast Guard Categorical Exclusion List

    (1) Routine personnel, fiscal, and administrative activities, 
actions, procedures, and policies which clearly do not have any 
environmental impacts, such as military and civilian personnel 
recruiting, processing, paying, and record keeping.
    (2) Routine procurement activities and actions for goods and 
services, including office supplies, equipment, mobile assets, and 
utility services for routine administration, operation, and 
maintenance.
    (3) Maintenance dredging and debris disposal where no new depths as 
required, applicable permits are secured, and disposal will be at an 
existing approved disposal site. (Checklist required).
    (4) Routine repair, renovation, and maintenance actions on aircraft 
and vessels.
    (5) Routine repair and maintenance of buildings, roads, airfields, 
grounds, equipment, and other facilities which do not result in a 
change in functional use, or an impact on a historically significant 
element or settings.
    (6) Minor renovations and additions to buildings, roads, airfields, 
grounds, equipment, and other facilities which do not result in a 
change in functional use, a historically significant element, or 
historically significant setting. (Checklist required).
    (7) Routine repair and maintenance to waterfront facilities, 
including mooring piles, fixed floating piers, existing piers, and 
unburied power cables.
    (8) Minor renovations and additions to waterfront facilities, 
including mooring piles, fixed floating piers, existing piers, and 
unburied power cables, which do not require special, site-specific 
regulatory permits. (Checklist required).
    (9) Routine grounds maintenance and activities at units and 
facilities. Examples include localized pest management actions and 
actions to maintain improved grounds (such as landscaping, lawn care 
and minor erosion control measures) that are conducted in accordance 
with applicable Federal, State and local directives.
    (10) Installation of devices to protect human or animal life, 
such as raptor electrocution prevention devices, fencing to restrict 
wildlife movement on to airfields, and fencing and grating to 
prevent accidental entry to hazardous areas. (Checklist required).
    (11) New construction on heavily developed portions of Coast 
Guard property, when construction, use, and operation will comply 
with regulatory requirements and constraints. (Checklist required).
    (12) Decisions to decommission equipment or temporarily 
discontinue use of facilities or equipment. This does not preclude 
the need to review decommissioning under section 106 of the National 
Historic Preservation Act. (Checklist required for vessels and 
aircraft).
    (13) Demolition or disposal actions that involve buildings or 
structures when conducted in accordance with regulations applying to 
removal of asbestos, PCB's, and other hazardous materials, or 
disposal actions mandated by Congress. In addition, if the building 
or structure is listed, or eligible for listing, in the National 
Register of Historic Places, then compliance with section 106 of the 
National Historic Preservation Act is required. (Checklist 
required).

[[Page 18574]]

    (14) Outleasing of historic lighthouse properties as outlined in 
the Programmatic Memorandum of Agreement between the Coast Guard, 
Advisory Council on Historic Preservation, and the National 
Conference of State Historic Preservation Officers. (Checklist 
required).
    (15) Transfer or real property from the Coast Guard to the 
General Services Administration, Department of the Interior, and 
other Federal departments and agencies, or as mandated by Congress; 
and the granting of leases, permits, and easements where there is no 
substantial change in use of the property. (Checklist required).
    (16) Renewals and minor amendments of existing real estate 
licenses or grants for use of government-owned real property where 
prior environmental review has determined that no significant 
environmental effects would occur.
    (17) New grants or renewal of existing grants of license, 
easements, or similar arrangements for the use of existing rights-
of-way or incidental easement complementing the use of existing 
rights-of-way for use by vehicles; for such existing rights-of-way 
as electrical, telephone, and other transmission and communication 
lines; water, wastewater, stormwater, and irrigation pipelines, 
pumping stations, and irrigation facilities; and for similar utility 
and transportation uses. (Checklist required).
    (18) Defense preparedness training and exercises conducted on 
other than Coast Guard property, where the lead agency or department 
is not Coast Guard or Department of Transportation and the lead 
agency or department has completed its NEPA analysis and 
documentation requirements.
    (19) Defense preparedness training and exercise conducted on 
Coast Guard property that do not involve undeveloped property or 
increase noise levels over adjacent property and that involve a 
limited number of personnel, such as exercises involving primarily 
electric simulation or command post personnel.
    (20) Simulated exercises, including tactical and logistical 
exercises that involve small numbers of personnel.
    (21) Training of an administrative or classroom nature.
    (22) Operations to carry out our maritime safety, maritime law 
enforcement, search and rescue, domestic ice breaking, and oil or 
hazardous substance removal programs.
    (23) Actions performed as a part of Coast Guard operations and 
the Aids to Navigation Program to carry out statutory authority in 
the area of establishment of floating and minor fixed aids to 
navigation, except electronic sound signals.
    (24) Routine movement of personnel and equipment, and the 
routine movement, handling, and distribution of nonhazardous 
materials and wastes in accordance with applicable regulations.
    (25) Coast Guard participation in disaster relief efforts under 
the guidance or leadership of another Federal agency that has taken 
responsibility for NEPA compliance.
    (26) Data gathering, information gathering, and studies that 
involve no physical change to the environment. Examples include 
topographic surveys, bird counts, wetland mapping, and other 
inventories.
    (27) Natural and cultural resource management and research 
activities that are in accordance with interagency agreements and 
which are designed to improve or upgrade the Coast Guard's ability 
to manage those resources.
    (28) Contracts for activities conducted at established 
laboratories and facilities, to include contractor-operated 
laboratories and facilities, on Coast Guard-owned property where all 
airborne emissions, waterborne effluents, external radiation levels, 
outdoor noise, and solid and bulk waste disposal practices are in 
compliance with existing applicable Federal, State, and local laws 
and regulations. (Checklist required).
    (29) Approval of recreational activities (such as a Coast Guard 
unit picnic) which do not involve significant physical alteration of 
the environment, increase disturbance by humans of sensitive natural 
habitats, or disturbance of historic properties, and which do not 
occur in, or adjacent to, areas inhabited by threatened or 
endangered species. (Checklist required unless the activity will 
take place at a location developed or created for that type of 
activity).
    (30) Review of documents, such as studies, reports, and 
analyses, prepared for legislative proposals that did not originate 
in DOT and that relate to matters that are not the primary 
responsibility of the Coast Guard.
    (31) Planning and technical studies which do not contain 
recommendations for authorization or funding for future 
construction, but may recommend further study. This includes 
engineering efforts or environmental studies undertaken to define 
the elements of a proposal or alternatives sufficiently so that the 
environmental effects may be assessed and does not exclude 
consideration of environmental matters in the studies.
    (32) Bridge Administration Program actions which can be 
described as one of the following:
    (a) Modification or replacement of an existing bridge on 
essentially the same alignment or location. Excluded are bridges 
with historic significance or bridges providing access to 
undeveloped barrier islands and beaches.
    (b) Construction of pipeline bridges for transporting potable 
water.
    (c) Construction of pedestrian, bicycle, or equestrian bridges 
and stream gauging cableways used to transport people.
    (d) Temporary replacement of a bridge immediately after a natural 
disaster or a catastrophic failure for reasons of public safety, 
health, or welfare.
    (e) Promulgation of operating regulations or procedures for 
drawbridges.
    (f) Identification of advance approval waterways under 33 CFR 
115.70.
    (g) Any Bridge Program action which is classified as a CE by 
another Department of Transportation agency acting as lead agency for 
such action.
    (33) Preparation of guidance documents that implement, without 
substantive change, the applicable Commandant Instruction or other 
Federal agency regulations, procedures, manuals, and other guidance 
documents.
    (34) Promulgation of the following regulations: (Note: When relying 
upon a CE in promulgating regulations, an environmental analysis 
checklist and an attached CED (Enclosure 6) must be filed in the 
rulemaking docket before publication of a Notice of Proposed Rulemaking 
(NPRM), or an Interim or Final Rule not preceded by an NPRM, unless 
specifically indicated below.)
    (a) Regulations which are editorial or procedural, such as those 
updating addresses or establishing application procedures.
    (b) Regulations concerning internal agency functions or 
organization or personnel administration, such as funding, establishing 
Captain of the Port boundaries, or delegating authority.
    (c) Regulations concerning the training, qualifying, licensing, and 
disciplining of maritime personnel.
    (d) Regulations concerning manning, documentation, admeasurement, 
inspection, and equipping of vessels.
    (e) Regulations concerning equipment approval and carriage 
requirements.
    (f) Regulations establishing, disestablishing, or changing the size 
of Special Anchorage Areas or anchorage grounds. (Checklist and CED not 
required for actions that disestablish or reduce the size of the Area 
or grounds).
    (g) Regulations establishing, disestablishing, or changing 
Regulated Navigation Areas and security or safety zones. (Checklist and 
CED not required for actions that disestablish or reduce the size of 
the area or zone. For temporary areas and zones that are established to 
deal with emergency situations and that are less than one week in 
duration, the checklist and CED are not required. For temporary areas 
and zones that are established to deal with emergency situations and 
that are one week or longer in duration, the checklist and CED will be 
prepared and submitted after issuance or publication.)
    (h) Special local regulations issued in conjunction with a regatta 
or marine parade; provided that, if a permit is required, the 
environmental analysis conducted for the permit included an analysis of 
the impact of the regulations. (Checklist and CED not required.)
    (i) Regulations in aid of navigation, such as those concerning 
rules of the road, International Regulations for the Prevention of 
Collisions at Sea (COLREGS), bridge-to-bridge communication, vessel 
traffic services, and marking of navigation systems.
    (35) Approvals of regatta and marine parade event permits for the 
following events:

[[Page 18575]]

    (a) Events that are not located in, proximate to, or above an area 
designated as environmentally sensitive by an environmental agency of 
the Federal, State, or local government. For example, environmentally 
sensitive areas may include such areas as critical habitats or 
migration routes for endangered or threatened species or important fish 
or shellfish nursery areas.
    (b) Events that are located in, proximate to, or above an area 
designated as environmentally sensitive by an environmental agency of 
the Federal, State, or local government and for which the Coast Guard 
determines, based on consultation with the Government agency, that the 
event will not significantly affect the environmentally sensitive area. 
(Checklist and CED required.)

[FR Doc. 96-10335 Filed 4-25-96; 8:45 am]
BILLING CODE 3710-92-M