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Comment Request; Notice of Public Meeting
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: November 30, 2001 (Volume 66, Number 231)]
[Notices]
[Page 59788-59789]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no01-75]
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COUNCIL ON ENVIRONMENTAL QUALITY
Comment Request; Notice of Public Meeting
AGENCY: Council of Environmental Quality.
ACTION: Request for comments and notice of public meeting.
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SUMMARY: The Council on Environmental Quality (CEQ) regulations for
implementation of the National Environmental Policy Act (NEPA) includes
procedures for referring to CEQ federal interagency disagreements
concerning proposed major federal actions that might cause
unsatisfactory environmental effects (40 CFR part 1504).
On October 16, 2001 CEQ received a referral from the Department of
Commerce National Oceanic and Atmospheric Administration (NOAA)
regarding the Department of the Army Corps of Engineers (COE) Final
Supplement III to the Final Environmental Impact Statement (FEIS) for
the Manteo (Shallowbag) Bay Project (MSBP) located in Dare County,
North Carolina. The referral letter from NOAA stated in part:
The selected alternative identifies construction of a dual jetty
system and channel deepening from the present 14 feet to a design
depth of 20 feet, to improve navigation at Oregon Inlet. The project
would be built on the dynamic barrier islands of the Outer Banks.
NOAA strongly supports the goal of providing safe navigation for the
commercial and recreational fishing vessels using Oregon Inlet.
However, we believe there are alternatives that can achieve this
goal in an environmentally acceptable manner. Accordingly, NOAA is
compelled to disagree with the COE's selected alternative of jetty
construction because it would cause unacceptable environmental harm
to commercial and recreational fishery resources.
The COE responded to the referral with a cover letter dated
November 13, 2001 and five accompanying documents:
``Literature Review for the Assessment of Larval Fish and
Shellfish Movement through Oregon Inlet and the Potential Effects of
Inlet Stabilization by Jetties'' (July 1980)
``Oregon Inlet Larval Transport Sensitivity Study''
(October 1980)
Correspondence from David R. Colby, Fishery Biologist,
National Marine Fisheries Center, Beaufort, NC (May 1980)
``Larval Fish and Shellfish Transport through Inlets''
(1988)
``A Brief Review of Flow Circulation in the Vicinity of
Natural and Jettied Inlets: Tentative Observations on Implications for
Larval Transport at Oregon Inlet, NC''
The COE maintained in the cover letter that their accompanying
documents fully address the referral issues elevated by NOAA.
CEQ invites written comments on the issues raised by NOAA. We also
intend to hold a public meeting at 7 pm on December 12 to take comment
on the issues raised by the referral.
DATES: We will accept written comments until January 18, 2002. The
public meeting date and time is December 12, 2001, at 7 p.m.
ADDRESSES: Because of restrictions related to security within the
Executive Office of the President, we cannot receive comments via U.S.
mail or any other mail delivery system. You may send comments by
electronic mail (e-mail) to ceqreferral@ceq.eop.gov or you may fax
comments to the attention of Bill Perhach at (202) 456-0753. If a
commentator does not have access to e-mail or fax to transmit comments,
please call Dinah Bear, General Counsel, at (202) 395-7421 to arrange
for an alternative system. The public meeting location is the Dare
County Administrative Annex, 204 Ananias Street, Manteo, North
Carolina.
FOR FURTHER INFORMATION CONTACT: Interested parties can review relevant
documents at our website at http://www.whitehouse.gov/ceq/referrals or
call Bill Perhach at (202) 395-0826 to arrange for transmittal of
documents.
SUPPLEMENTARY INFORMATION:
I. Abstract/The Referral Process
One of the duties and functions of CEQ is to review and appraise
the various programs and activities of the Federal Government in light
of the policy set forth in title I of the National
[[Page 59789]]
Environmental Policy Act (NEPA) for the purpose of determining the
extent to which such programs and activities are contributing to the
achievement of such policy, and to make recommendations to the
President with respect thereto. 42 U.S.C. 4344(3). The CEQ referral
process permits federal agencies to bring to CEQ interagency
disagreements concerning proposed major federal actions that might
cause unsatisfactory environmental effects. Under CEQ regulations, 40
CFR part 1504, any federal department or agency may refer a proposed
major federal action to CEQ no less than 25 days after the final
Environmental Impact Statement (EIS) has been made available to the
public commenting agencies, and the Environmental Protection Agency. A
federal agency that intends to refer a proposal to CEQ must first
notify the lead agency of its intentions at the earliest possible time.
If the issues are not resolved between the agencies after publication
of the final EIS, and the agency wishes to refer the proposal to CEQ,
the referring agency must send a letter and a statement to CEQ and the
lead agency and request that no action be taken to implement the
proposal until CEQ acts upon the referral. The statement accompanying
the referral letter must: (1) Identify the material facts in the
controversy; (2) identify environmental policies or requirements that
would be violated by the proposal; (3) present the reasons why the
referring agency believes the proposal is environmentally
unsatisfactory; (4) contain a finding that the issue raised is of
national importance; (5) review the steps taken by the referring agency
to resolve the matter with the lead agency prior to referral; and (6)
offer the referring agency's recommendations in regard to the proposed
action. The lead agency for the proposal then has 25 days to respond to
the referring agency's letter and statement. Interested parties, both
in and outside of government, may deliver written views regarding the
referral to CEQ. Within 25 days of the last agency action regarding the
referral, CEQ may take one of seven actions:
(1) Conclude that the process of referral and response has
successfully resolved the problem.
(2) Initiate discussions with the agencies with the objective of
mediation with referring and lead agencies.
(3) Hold public meetings or hearings to obtain additional views and
information.
(4) Determine that the issue is not one of national importance and
request the referring and lead agencies to pursue their decision
process.
(5) Determine that the issues should be further negotiated by the
referring and lead agencies and is not appropriate for Council
consideration until one or more heads of agencies report to the Council
that the agencies' disagreements are irreconcilable.
(6) Publish its findings and recommendations (including where
appropriate a finding that the submitted evidence does not support the
position of an agency).
(7) When appropriate, submit the referral and response together
with the Council's recommendation to the President for action. 40 CFR
1504.3(f). Initiation of mediation, public hearings or meetings, or a
determination of further negotiation must be completed by the Council
within 60 days of the Council's action under 40 CFR 1504.3(f).
II. Request for Comments
Written comments on the issues raised by NOAA in their referral are
requested by January 18, 2002.
Dated: November 27, 2001.
James L. Connaughton,
Chairman, Council on Environmental Quality.
[FR Doc. 01-29801 Filed 11-29-01; 8:45 am]
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