
[Federal Register Volume 78, Number 96 (Friday, May 17, 2013)]
[Notices]
[Pages 29145-29147]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11867]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2013-0339]


Request for Public Comment on New Proposed Categorical Exclusion 
for Real Property Disposal Under the National Environmental Policy Act

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability and request for comments.

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SUMMARY: This is a notice and request for comments on a Proposed New 
Categorical Exclusion for Real Property Disposal. This proposal would 
amend the Coast Guard Commandant Instruction and Department of Homeland 
Security Directive used to comply with the National Environmental 
Policy Act by establishing a new categorical exclusion (CATEX) for real 
property disposal undertaken by the United States Coast Guard. The 
Coast Guard seeks comments on this proposed CATEX.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before June 17, 2013 
or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2013-0339 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or email Ms. Kebby Kelly, United States Coast Guard Office of 
Environmental Management; telephone 202-475-5690, email 
Kebby.Kelley@uscg.mil. If you have questions on viewing or submitting 
material to the docket, call Barbara Hairston, Program Manager, Docket 
Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to submit comments and related material on the 
proposed new Coast Guard Categorical Exclusion (CATEX) for real 
property disposal. All comments received will be posted without change 
to http://www.regulations.gov and will include any personal information 
you have provided.
    Submitting comments: If you submit a comment, please include the 
docket number for this notice (USCG-2013-0339) and provide a reason for 
each suggestion or recommendation. You may submit your comments and 
material online, or by fax, mail or hand delivery, but please use only 
one of these means. We recommend that you include your name and a 
mailing address, an email address, or a telephone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov, 
insert (USCG-2013-0339) in the Search box, look for this notice in the 
docket and click the comment button next to it. If

[[Page 29146]]

you submit your comments by mail or hand delivery, submit them in an 
unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit them by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period.
    Viewing comments and supporting material: To view comments, go to 
http://www.regulations.gov, insert (USCG-2013-0339) in the Search box, 
then click on the ``Open Docket Folder'' option. If you do not have 
access to the internet, you may view the docket by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the 
Department of Transportation West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. We have an agreement with the Department of 
Transportation to use the Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Background

    The Coast Guard has determined that a new CATEX is needed to cover 
two new real property disposal authorities specific to the Coast Guard. 
In the past, the Coast Guard exclusively used the process established 
by the General Services Administration (GSA) to dispose of excess real 
property, unless specifically directed otherwise by Congress. Because 
the Coast Guard previously worked through the GSA for property 
disposal, the GSA was able to use its CATEX to fulfill obligations 
under the National Environmental Policy Act (NEPA). Recently, Congress 
passed two pieces of legislation that directly authorize DHS and the 
Coast Guard to dispose of real property through sale and keep the 
proceeds for use in specific Coast Guard programs.
    Specifically, the Coast Guard has been granted authority to dispose 
of property previously used for Long Range Navigation (Loran-C) 
equipment. The Coast Guard has also been granted the authority to 
dispose of real property in order to pay for military family and 
military unaccompanied housing projects. The Coast Guard seeks to add a 
CATEX that contains the same language as the GSA's CATEX that will 
allow the Coast Guard to satisfy its NEPA obligations when disposing of 
excess real property.
    The Department of Homeland Security Appropriations Act, 2010 (Pub. 
L. 111-83), authorizes the Coast Guard to sell any real and personal 
property under the administrative control of the Coast Guard and used 
for the Loran-C system, by directing the Administrator of GSA to sell 
such real and personal property. This is allowed, provided that the 
proceeds, less the costs of sale incurred by the GSA, shall be 
deposited as offsetting collections into the ``Coast Guard 
Environmental Compliance and Restoration'' account and, subject to 
appropriation, shall be available until expended for environmental 
compliance and restoration purposes associated with the Loran-C system.
    Additionally, Congress passed 14 U.S.C. 685, Conveyance of Real 
Property (January 7, 2011), which states that notwithstanding any other 
provision of law, the Secretary of the respective department in which 
the Coast Guard is operating (Secretary) may convey, at fair market 
value, real property, owned or under the administrative control of the 
Coast Guard, for the purpose of expending the proceeds from such 
conveyance to acquire and construct military family housing and 
military unaccompanied housing. The conveyance of real property under 
this section shall be by sale, for cash. The Secretary shall deposit 
the proceeds from the sale in the Coast Guard Housing Fund.
    This proposal is to add the following Coast Guard-specific CATEX to 
the existing list of CATEXs published in Coast Guard Commandant 
Instruction 16475.1D, National Environmental Policy Act Implementing 
Procedures and Policy for Considering Environmental Impacts, and to the 
DHS Environmental Planning Program Directive 023-01 (71 FR 16790):

*[L64] Disposal of real property (including facilities) by the Coast 
Guard where the reasonably foreseeable use will not change 
significantly or where the reasonably foreseeable use is similar to 
existing surrounding properties (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).

    The asterisk (*) indicates application of this CATEX requires the 
completion of an environmental review of the proposed disposal action 
documented in a Record of Environmental Consideration to ensure 
extraordinary circumstances have been appropriately considered. The 
availability of this CATEX does not exempt the applicability of other 
environmental requirements such as, but not limited to, section 7 of 
the Endangered Species Act, section 106 of the National Historic 
Preservation Act, and the Migratory Bird Treaty Act. These requirements 
must be met regardless of the applicability of this CATEX under NEPA.
    The Council on Environmental Quality (CEQ) guidance entitled, 
``Establishing, Applying, and Revising Categorical Exclusions under the 
National Environmental Policy Act'' (February 18, 2010) encourages 
agencies to establish new CATEXs and revise existing CATEXs to 
eliminate unnecessary paperwork and effort reviewing the environmental 
effects of categories of actions that, absent extraordinary 
circumstances, do not have significant environmental effects. Without a 
CATEX for real property disposal, DHS and the Coast Guard would have to 
prepare an Environmental Assessment for every action of this type, 
including those that experience has shown do not typically have the 
potential for significant environmental impacts. Therefore, DHS and the 
Coast Guard need a CATEX for these types of actions that experience has 
shown do not have significant environmental impacts in order to carry 
out its new legislative authorities in a timely and efficient manner.
    The CEQ guidance also states that when substantiating a new or 
revised CATEX, agencies can draw on several sources of supporting 
information. These sources include professional staff and expert 
opinion and benchmarking other agencies' experiences. Through a review 
of other agencies' NEPA procedures, the Coast Guard and DHS found that 
numerous other Federal agencies have CATEXs for real property disposal 
activities that are sufficiently descriptive of the activity as to 
establish that those activities were similar in nature, scope, and 
impact on the human environment as those real property disposals that 
would be performed by the Coast Guard. In addition, all Federal 
agencies, with very few exceptions, must meet the same requirements to 
protect the environment.
    Particular agency CATEXs examined by the Coast Guard include those 
used by the GSA and the Department of the Army. DHS also received 
expert opinions from NEPA practitioners at GSA and the Department of 
the Army that supports this proposed new CATEX for the disposal of real 
property (including facilities) by the Coast Guard. Descriptions of the 
other agency

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CATEXs (with hyperlinks) and expert opinions obtained are provided in 
the administrative record available at http://www.regulations.gov by 
searching docket number USCG-2013-0339.
    This notice is issued under authority of: 5 U.S.C. 552(a); 42 
U.S.C. 4321 et seq.; 40 CFR parts 1500-1508; Department of Homeland 
Security Management Directive 023-01 Environmental Planning Program; 
and United States Coast Guard Commandant Instruction M16475.1D, 
National Environmental Policy Act Implementing Procedures and Policy 
for Considering Environmental Impacts.

    Dated: May 13, 2013.
J. Smith,
Chief, Office of Environmental Management, U.S. Coast Guard.
[FR Doc. 2013-11867 Filed 5-16-13; 8:45 am]
BILLING CODE 9110-04-P


