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National Environmental Policy Implementing Procedures

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: July 3, 2000 (Volume 65, Number 128)]
[Rules and Regulations]
[Page 41011-41012]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jy00-23]

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POSTAL SERVICE

39 CFR Part 775


National Environmental Policy Implementing Procedures

AGENCY: Postal Service (USPS).

ACTION: Final rule.

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SUMMARY: This rule corrects an oversight in wording in the Postal
Service's National Environmental Policy Act (NEPA) regulations
concerning procedures and categorical exclusions.

EFFECTIVE DATE: This regulation is effective June 30, 2000.

FOR FURTHER INFORMATION CONTACT: Susan L. Koetting, Attorney, U.S.
Postal Service, 475 L'Enfant Plaza, SW, Washington, DC 20260-1135,
phone (202) 268-4818.

SUPPLEMENTARY INFORMATION: On August 27, 1998, the Postal Service
published in the Federal Register, final regulations on procedures and
categorical exclusions regarding NEPA (63 FR 45719). After the
publication of the regulations, it was discovered that an error had
been made in language in section 775.9(a)(1). Specifically, it was not
intended that a written determination not to prepare an environmental
assessment be required for all actions. When these regulations were
proposed on August 11, 1997 (62 FR 42958), the Postal Service expanded
the list of postal activities that were subject to NEPA review and also
expanded the list of categorical exclusions. Previous and current
internal guidance for facilities programs and projects requires a
checklist for all facility actions, while previous and current internal
guidance for operational activities only requires a checklist for
certain actions that exceed certain higher level financial approval
requirements. When these regulations were finalized, internal
facilities policy was inadvertently carried over to all activities.
This was not intended and is inconsistent with internal guidance and
the purpose for establishing categorical exclusions. Postal policy, as
discussed in the August 1997 notice, requires a checklist to screen for
potential environmental concerns, but it was not intended to do one for
all activities, even if categorically excluded.
    In a further development, it was recently discovered that a
sentence in the regulations was inadvertently dropped during the
codification process. In Sec. 775.9(b)(1), the original second sentence
in the 1997 version of the published regulations in Title 39, Code of
Federal Regulations was dropped out of the version of the regulations
published in 1999. The old second sentence was to have become the third
sentence in Sec. 775.9(b)(1).
    In light of the foregoing, the Postal Service adopts the following
minor revisions to its NEPA regulations.

List of Subjects in 39 CFR Part 775

    Environmental impact statements.

    Accordingly, the Postal Service amends 39 part 775 as follows:

[[Page 41012]]

PART 775--NATIONAL ENVIRONMENTAL POLICY ACT PROCEDURES

    1. The authority citation for 39 CFR part 775 continues to read as
follows:

    Authority: 39 U.S.C. 401; 42 U.S.C. 4321 et seq.; 40 CFR 1500.4.

    2. Amend Sec. 775.9 by revising the introductory text of paragraph
(a)(1) and adding a sentence after the second sentence in paragraph
(b)(1) to read as follows:

Sec. 775.9  Environmental evaluation process.

    (a) All actions--(1) Assessment of actions. An environmental
checklist may be used to support a record of environmental
consideration as the determination that the proposed action does not
require an environmental assessment. An environmental assessment must
be prepared for each proposed action except that an assessment need not
be made if a determination is made that:
* * * * *
    (b) Additional requirements for facility actions. (1)  * * * An
environmental assessment report, however, is not required until the
contending project sites have been determined. * * *

Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. 00-16674 Filed 6-30-00; 8:45 am]
BILLING CODE 7710-12-U

 
 

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