
[Federal Register Volume 78, Number 141 (Tuesday, July 23, 2013)]
[Notices]
[Pages 44138-44140]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17702]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2013-0339]


National Environmental Policy Act; Implementing Procedures; 
Addition of Categorical Exclusion for Real Property Disposal

AGENCY: Coast Guard, DHS.

ACTION: Notice of the addition of one new categorical exclusion to the 
United States Coast Guard and Department of Homeland Security NEPA 
implementing procedures.

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SUMMARY: This notice announces the addition of a new Categorical 
Exclusion (CATEX) for Real Property Disposal under the National 
Environmental Policy Act (NEPA). This CATEX amends the United States 
Coast Guard and Department of Homeland Security NEPA implementing 
procedures by establishing a new CATEX for real property disposal 
undertaken by the United States Coast Guard. With this CATEX, the Coast 
Guard will be able to

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dispose of real property under certain authorities without preparing an 
environmental assessment or environmental impact statement.

DATES: The categorical exclusion is effective July 23, 2013.

FOR FURTHER INFORMATION CONTACT: To obtain a copy of the new 
categorical exclusion contact Ms. Kebby Kelly, Office of Environmental 
Management (CG-47), U.S. Coast Guard; telephone 202-475-5690, email: 
Kebby.Kelley@uscg.mil.
    Viewing the supporting material: To view the supporting material 
for the establishment of this CATEX, go to http://www.regulations.gov, 
and follow the instructions on that Web site. 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. The Coast Guard has an agreement with the 
Department of Transportation to use the Docket Management Facility.

SUPPLEMENTARY INFORMATION: 

Background

    DHS and the Coast Guard determined that a new Categorical Exclusion 
(CATEX) for real property disposal was needed to cover two new real 
property disposal authorities that are specific to the Coast Guard. The 
use of this new CATEX within DHS will be limited to USCG real property 
disposal activities. 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 real 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 the Department of Homeland Security (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 now adds 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.
    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 
this 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 now add this new real property disposal CATEX for these 
types of actions that experience has shown do not have significant 
environmental impacts in order to carry out the Coast Guard's 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 
will 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 support this new CATEX for the disposal of real property 
(including facilities) by the Coast Guard. Descriptions of the other 
agency 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.
    A Federal Register notice of availability and request for comments 
was published on May 17, 2013 (78 FR 29145). No comments were received 
by the end of the comment period on June 17, 2013. To view documents 
online relating to this categorical exclusion, 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. The Coast Guard has an agreement with the 
Department of Transportation to use the Docket Management Facility.

Categorical Exclusion

    The following Coast Guard-specific CATEX is added 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,

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and in the DHS Environmental Planning Program Directive 023-01 (71 FR 
16790):
    * Disposal of real property (including facilities) by the USCG 
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.
    This notice is issued under authority of: 5 U.S.C. 552(a); 42 
U.S.C. 4321 et seq.; 40 CFR 1500-1508; Department of Homeland Security 
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: July 17, 2013.
Albert Curry,
U.S. Coast Guard, Acting Assistant Commandant for Engineering and 
Logistics, Commandant (CG-4d).
[FR Doc. 2013-17702 Filed 7-22-13; 8:45 am]
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