
COAST GUARD NATIONAL ENVIRONMENTAL POLICY ACT RECORD OF ENVIRONMENTAL CONSIDERATION FOR CATEGORICALLY EXCLUDED ACTIONS
 INTRODUCTION
 The purpose of this Record of Environmental Consideration (REC) is to provide a record that shows that the potential for impacts to the quality of the human environment has been considered in the decision to implement this Proposed Action, in compliance with National Environmental Policy Act (NEPA) and Department of Homeland Security (DHS) Directive 023-01, Revision (Rev) 01, Implementation of the National Environmental Policy Act (DHS Directive 023-01 (series)) and the U.S. Coast Guard (Coast Guard)'s Environmental Planning Policy, COMDTINST 5090.1 (series) (COMDTINST 5090.1).  The NEPA process takes into account other environmental planning and historic preservation (EP&HP) requirements.  Signature of the Coast Guard Proponent demonstrates that they have considered the potential for impacts to the human environment in their decision to implement the Proposed Action, including any conditions in Section II of this REC that may be relevant to the project.
 SECTION I - Description of Proposed Action
1. Title of Proposed Action: Updates to Marine Engineering Standards (46 CFR Parts 50, 52, 53, 54, 56, 57, 58, 59, 61, 62, 63, and 64) 
2. Identifying Number of Proposed Action (optional): USCG-2020-0634
 3. Project Security Type:  Unclassified
 4. Estimated Start Date: 01/15/2022
 5. Location of Proposed Action (e.g., nationwide, regional, site-specific).  (If site-specific, provide street address, city, county, state, and/or GIS coordinates where known): Nationwide.
 6. Project Type:  L54 (admin/procedural); L57 (manning, documentation, admeasurement, inspection, and equipping of vessels); and L58 (equipment approval and carriage requirements). 
7. Description of Proposed Action: The Coast Guard proposes to incorporate by reference updated marine engineering standards and eliminate outdated or unnecessarily prescriptive regulations in Title 46 of the Code of Federal Regulations (CFR) subchapter F.  This proposed rule is part of a continuing effort for regulatory reform that increases compliance options for the regulated public while providing a cost savings to the regulated public and the U.S. government.   
 8. Document Preparer: Diane Rusanowsky, USCG
 9. Environmental Reviewer:  Timothy O'Brien, USCG
 10. Senior Environmental Professional:  Timothy O'Brien, USCG
 11. Project Proponent:  Rear Admiral J.W. Mauger, USCG
 SECTION II  -  Environmental Analysis 	
 1. CATEX activity.  (Select one box below by placing an "X" in the appropriate box on the left and insert the CATEX number if first box is checked):
                                        
                                       X
 The entire Proposed Action clearly fits within the category of excludable actions set forth as CATEX numbers L54, L57 and L58  in DHS Instruction Manual 023-01-001-01, (series) and/or in COMDTINST 5090.1 (series). 
                                        
 The entire Proposed Action does not clearly fit within the category of excludable actions set forth in DHS Instruction Manual 023-01-001-01, (series) and/or in COMDTINST 5090.1 (series). 
 Remarks:  N/A
 
 2. Larger Action (See DHS Instruction Manual 023-01-001-01 (series), Section V.B.(2)(b) for a definition).  (Select one box below by placing an "X" in appropriate box on the left):
                                       X
 The Proposed Action is NOT a piece of a larger action. OR
                                        
 The Proposed Action IS a piece of a larger action.  
 Remarks: N/A
 
 3. Extraordinary Circumstances (See A - J below for a list of questions on extraordinary circumstances and DHS Instruction Manual 023-01-001-01 (series), Section V.B.(2)(c)I - X for  more information on extraordinary circumstances.  Before selecting one answer below by placing an "X" in the appropriate box on the left, complete the next Sections A - J by placing an "X" in the appropriate box on the left for each question): 
                                        
                                        
                                       X
 
 There are no extraordinary circumstances present that may cause significant environmental impacts. OR  
                                        
 Extraordinary circumstances are present that may cause significant environmental impacts.   
 
 Remarks: N/A
 
 Questions on Extraordinary Circumstances.  Complete Sections A through J below:
                                      YES
                                       No
 For A through J below, place an, "X" in the appropriate box (Yes or No) and provide supporting remarks as appropriate.  (See Enclosure (14) to the NEPA IP for guidance on completing this Section.)
                                        
                                        
                                       X

 A. Will the Proposed Action have a potentially significant effect on public health or safety? 
 
 Remarks: N/A
                                        
                                        
                                        
                                        
                                       X
 B. Will the Proposed Action significantly affect species or habitats protected by the Endangered Species Act, Marine Mammal Protection Act, the Migratory Bird Treaty Act, the Bald and Golden Eagle Protection Act, the Magnuson-Stevens Fishery Conservation and Management Act, or other law protecting a species or habitat?

 Remarks: N/A  
                                        
                                        
                                       X
 C. Will the Proposed Action significantly affect historic properties (e.g., district, sites, structures, or objects) that are listed or eligible for listing on the National Register of Historic Places, or will it significantly affect traditional cultural properties or sacred sites, or result in the loss or destruction of a significant scientific, cultural, or historic resource?  Attach supporting National Historic Preservation Act Section 106 consultation documentation or justification regarding why it is not necessary for the proposed action.  

 Remarks N/A:  
                                        
                                        
                                        
                                        
                                       X
 D. Will the Proposed Action significantly affect an environmentally sensitive area defined by DHS Instruction 023-01-001-01 (series)  and COMDTINST 5090.1 (series) such as prime or unique agricultural lands, coastal zones, designated wilderness or wilderness study areas, wild and scenic rivers, 100-year floodplains, wetlands, sole source aquifers, Marine Sanctuaries, National Wildlife Refuges, National Parks, National Monuments, and essential fish habitats?   Attach FEMA floodplain map.  
 
 Remarks: N/A  
                                        
                                        
                                        
                                       X
 E. Will the Proposed Action result in a potential or threatened violation of an applicable federal, state, or local law or administrative determination imposed for protection of the environment?  

Remarks: N/A  
                                        
                                        
                                        
                                        
                                        
                                       X
 F. Will the Proposed Action result in an effect on the quality of the human environment that is likely to be highly controversial, highly uncertain, or involve unique or unknown environmental risks? This also includes effects that may result from the use of new technology or unproven technology.  Controversy over, including public opposition to, a proposed action absent any demonstrable potential for significant environmental impacts does not itself constitute an extraordinary circumstance.
Remarks: N/A
                                        
                                        
                                        
                                       X
 G. Will the Proposed Action set a precedent for future actions that have significant effects? 
 
 Remarks: N/A  
                                        
                                        
                                        
                                       X
 H. Is the Proposed Action significantly greater in scope or size than is normally experienced for this particular category of action? 
 
 Remarks: N/A  
                                        
                                        
                                       X
 I. Will the Proposed Action significantly degrade an already poor environmental condition at or near the project area?  Will the Proposed Action initiate a significantly environmental degrading influence, activity, or effect in an area not already significantly modified from their natural condition?
 
Remarks N/A	
                                        
                                        
                                        
                                       X
 J. Is the Proposed Action related to other actions with individually insignificant, but cumulatively significant impacts? 
 
Remarks: N/A 
 SECTION III - Summary of Required Conditions
 Any change to the Proposed Action that may cause a physical interaction with the human environment will require re-evaluation for compliance with NEPA and other EP&HP requirements before the action can proceed.  This review addresses NEPA and other EP&HP requirements as described in DHS Directive 023-01, (series) and COMDTINST 5090.1 (series).  This review may identify the need for additional federal, state, and/or local permits, approvals, etc. required for the Proposed Action.  However, this review may not satisfy all those requirements, and the Proponent is responsible for ensuring that all other applicable federal, state, and/or local permits, approvals, etc. have been obtained.
 No additional conditions are required for this rule. 
 SECTION IV Finding
 This action is not expected to result in any significant adverse environmental impacts as described in NEPA.  The Proposed Action has been thoroughly reviewed by the Coast Guard, and it has been determined, by the undersigned, that this action is categorically excluded under current DHS/Coast Guard CATEXs L54, L57 and L58 from further environmental documentation, in accordance with DHS Instruction Manual 023-01-001-01, (series) and/or COMDTINST 5090.1 (series) since implementation of this action:
 
   1.  Clearly fits within one or more of the categories of excludable actions listed in Appendix A of DHS Instruction Manual 023-01-001-01 (series) and/or in COMDTINST 5090.1 (series);
   2.  Has not been segmented into smaller parts in order to avoid a more extensive evaluation of the potential for significant environmental impacts; and,
   3.  Does not involve any extraordinary circumstances, as defined in DHS Instruction Manual 023-01-001-01 (series) and COMDTINST 5090.1 (series) that would create the potential for a normally excluded action to have a significant environmental effect.


Senior Env. Prot. Specialist    Warrant Lvl II

 Diane Rusanowsky
Document Preparer
Title/Position
 I reviewed the REC and submitted my written comments to the Proponent.
 

 
 Senior Env. Prot. Specialist
 Warrant Lvl. II

 Timothy O'Brien
Environmental Reviewer
 Title/Position
 
 I reviewed the REC and submitted my written comments to the Proponent.
 
 
 
 
 
 
 
 
 
 
 



 
 
 

 
 Senior Env. Prot. Specialist             
 Warrant Lvl. II

 Timothy O'Brien
Senior Environmental Professional
 Title/Position
 
 In reaching my decision/recommendation on the Coast Guard's proposed action, I considered the information contained in this REC and considered and acknowledge the written comments submitted to me from the Environmental Reviewer(s).

 
Rear Admiral, USCG                         Assistant Commandant for Prevention Policy

 J.W. Mauger
Proponent
Title/Position

