Environmental Considerations/Categorical Exclusions

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 10

RIN 3067-AC41

Environmental Considerations/Categorical Exclusions

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Final rule.

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SUMMARY: This rule revises the categories of actions or categorical

exclusions that normally would not require an environmental impact

statement or environmental assessment. These changes are intended to

reduce the administrative processes and decrease the time required for

project funding and implementation, while still ensuring that FEMA

satisfies

[[Page 4228]]

environmental concerns and issues. The changes are consistent with

Federal directives, regulations and statutes.

EFFECTIVE DATE: February 5, 1996.

FOR FURTHER INFORMATION CONTACT: Rick Shivar, Office of Policy and

Regional Operations, Federal Emergency Management Agency, 500 C Street

SW., Washington, DC 20472, or phone (202) 646-3610.

SUPPLEMENTARY INFORMATION: On August 3, 1995, FEMA published a proposed

rule for comment in the Federal Register, 60 FR 39694. The proposed

rule contained changes responding to numerous suggestions for

additional exclusion categories and for modifications to existing

exclusion categories. They reflect several years' experience on the

types of actions that generally receive a finding of no significant

impact after FEMA makes an environmental assessment. These changes are

intended to speed the approval of those projects with no potential for

significant environmental effects and to allow attention to be focused

on those projects with potential environmental concerns. The

publication of the proposed rule allowed for a 45-day comment period

ending on September 18, 1995. During this period, comments were

received from one state, two Federal agencies, an environmental group

and from within FEMA. The concerns identified in these comments are

addressed later in this section.

In order to produce a complete and effective update of exclusion

categories, we conducted a review of the environmental assessments (EA)

and the findings of no significant impact (FONSI) that FEMA has issued.

In the last few years we have completed over 340 EAs, but there is only

one case where an environmental impact statement (EIS) was written.

While many EAs identified impacts that were able to be mitigated below

the level of significance, we found that the clear majority of actions

have no significant impact. Reviewing this last group revealed specific

types of projects that historically did not produce significant

environmental effects. In conjunction with the review of FEMA's EAs, we

conducted a literature review of other Federal documents containing

similar types of exclusions to ensure consistency of FEMA's exclusions

with other Federal agencies' regulations. The results of these two

reviews are the basis for these changes to FEMA's list of exclusion

categories.

These changes are also in keeping with the Council on Environmental

Quality's guidance to Federal agencies on this subject (48 FR 34263,

July 28, 1983). That guidance encourages Federal agencies to add

flexibility to implementing procedures to allow new types of actions to

be classified as categorical exclusions (CATEXs) with minimal

documentation required. This is done by developing more broadly defined

categories as well as providing examples of typical CATEXs, rather than

a comprehensive list, so that specific actions not previously listed by

an agency can be considered for CATEX status on a case-by-case basis.

These revised exclusion categories will not affect FEMA's

responsibility to comply with all other applicable local, state, and

Federal laws and regulations relating to health, safety and the

environment. This encompasses Federal environmentally oriented statutes

including, among others: the Clean Air Act, the Clean Water Act, the

Resource Conservation and Recovery Act, the Comprehensive Environmental

Response, Compensation and Liability Act, the Coastal Zone Management

Act, the Coastal Barrier Resources Act, the Endangered Species Act, the

National Historic Preservation Act, and the Archaeological and Historic

Preservation Act. It would not affect FEMA's responsibilities under

Executive Orders 11988, 11990, and 12898. Nor would it affect FEMA's

implementing regulations at 44 CFR part 9, or FEMA's National Flood

Insurance Program rules at 44 CFR parts 59 through 77.

A point of clarification of the term ``categorical exclusion'' is

necessary in the discussion of this revised rule. Section 316 of the

Robert T. Stafford Disaster Relief and Emergency Assistance Act

(Stafford Act), Pub. L. 93-288, as amended, 42 U.S.C. 5159, provides

(1) for a statutory exclusion from NEPA requirements for certain

actions taken under specific sections of that Act (Secs. 402, 403, 407

and 502), and (2) for those actions under Sec. 406 of the Stafford Act

that have ``the effect of restoring a facility substantially to its

condition prior to the disaster or emergency.'' While statutory

exclusions are exempted from all NEPA documentation, actions that are

categorically excluded from preparation of an EA or an EIS must be

documented by FEMA under this part. However, as with actions

categorically excluded, an action statutorily excluded from NEPA is not

exempt from the requirements of the other environmentally oriented

statutes indicated above. To help determine the level of environmental

review required and, specifically, when neither an EA nor an EIS is

likely to be required for a proposed action, the list of exclusion

categories presented by this rule is comprehensive in that it includes

both categorical exclusions and those actions that are statutorily

excluded (denoted by [SE]).

The list of exclusion categories is presented with administrative

type actions appearing first followed by emergency and other actions.

The administrative actions relate mainly to activities that in and of

themselves do not normally impact the environment, such as: planning,

design, procurement, acquisition, training, studies and other

administrative processes. The emergency and other actions mainly

address emergency, disaster-related, or other activities that could

impact features of the human and natural environment, such as:

construction; maintenance or repair of facilities or vegetation;

relocation of structures; floodproofing; emergency response and

deployment; physical and other assistance.

Since this revision republishes and redesignates some paragraphs,

and modifies other paragraphs, the following discussion is directed

only at those items that are added, removed, or revised from the

current 44 CFR Sec. 10.8.

44 CFR Sec. 10.8 is revised to redesignate and revise the

discussion of statutory exclusions to recognize the difference between

the basic nature of the statutory exclusion and of the CATEX. We also

updated references to sections of the Stafford Act.

New paragraph (d)(2) modifies the nomenclature ``List of

categorical exceptions'' to ``List of exclusion categories'' to reflect

the categorical nature of the list as opposed to a list of exceptions.

This change is also reflected in new paragraph (d)(6).

New paragraphs (d)(2) (i), (ii), (iii), (v), (vii), and (x) make

minor wording revisions and clarify the language of existing categories

but do not change their general substance.

New paragraph (d)(2)(iv) addresses inspection and monitoring

processes that are part of the compliance requirements for various

programs. These activities are passive as to the environment. Any

federally funded action that the inspections or monitoring might

recommend is subject to the NEPA process.

New paragraph (d)(2)(vi) expands the scope of the old paragraph

(d)(2)(iii) on procurement of goods and services for operational

support of facilities to include support of emergency operations

together with temporary storage of those goods.

Paragraph (d)(2)(viii) addresses the purchase or leasing of

existing facilities

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when land use requirements allow the proposed use.

Paragraph (d)(2)(ix) covers the acquisition, installation, or

operation of utilities, gauges, communication and warning systems when

using existing systems or facilities, or currently utilized

infrastructure rights-of-way.

Paragraph (d)(2)(xi) would allow for the planting of indigenous

vegetation, for example, to reduce erosion or fire hazard.

Paragraph (d)(2)(xii) applies to the removal of uncontaminated

structures, improvements or debris to sites permitted for such

material. The paragraph also applies to the demolition associated with

the removal of structures or improvements.

Paragraph (d)(2)(xiii) applies to small, individual structures that

are to be relocated to a new site, where FEMA is not involved in the

selection or development of the new site.

Paragraph (d)(2)(xiv) excludes the act of granting a community

exception for residential basement floodproofing pursuant to the

National Flood Insurance Program.

Paragraph (d)(2)(xv) provides to actions under the mitigation and

other programs a slightly broader exclusion than that available by

statute to actions funded pursuant to Sec. 406 of the Stafford Act

whereby a facility can be restored to its approximate preexisting

design, function and location. The broader interpretation also applies

to Sec. 406 actions. Some existing statutory exclusions are

incorporated into the CATEX list in this paragraph and in paragraph

(d)(2)(xix).

Paragraph (d)(2)(xvi) allows for improvements to an existing

facility or for the construction of small scale mitigation measures in

an already developed and appropriately zoned area on previously

disturbed or graded lot(s). This includes improvements in the disturbed

portion of a lot of an existing building, culverts, and berms within

the previously disturbed perimeter of a road, storm drainage or utility

system or existing facility. Any action covered by this category cannot

change the basic function, exceed the capacity of other system

components, violate land use requirements, or operate in a way as to

affect the environment adversely.

Paragraph (d)(2)(xvii) permits actions within enclosed facilities

which comply with local construction, noise, pollution and waste

disposal regulations.

Paragraph (d)(2)(xviii) excludes, in addition to the existing

category for the deployment and support of Emergency Support Teams,

direct response activities including activation and support of the

Catastrophic Disaster Response Group, Regional Operations Centers,

Emergency Response Teams, Urban Search and Rescue Teams, and situation

assessment, reconnaissance and other data gathering efforts in response

to and for recovery from a disaster.

Paragraph (d)(2)(xix) excludes emergency assistance and relief

activities and rephrases terminology to reflect the amended Stafford

Act. This includes general Federal and essential assistance (Stafford

Act Secs. 402 and 403), food coupons and commodities (Secs. 412 and

413), and Federal emergency assistance (Sec. 502). Debris removal

(Sec. 407) becomes less restrictive. The temporary housing definition

(Sec. 408) is simplified as are the definitions of the individual and

family grant (Sec. 411) and community disaster loan (Sec. 417)

exclusions.

In paragraph (d)(3) the list of Extraordinary Circumstances, which

was Sec. 10.8(e), is updated to clarify the circumstances that may

cause an action that is normally categorically excluded to have the

potential for significant environmental impact. The previous paragraph

(e)(2) describing ``actions in highly populated or congested areas'' is

replaced in paragraph (d)(3)(ii) with a more workable ``actions with a

high level of controversy.'' In paragraph (d)(3)(iv) clarifying

language is added to the term ``unproven technology.'' In paragraph

(d)(3)(vi) the hazardous substance condition was changed from ``use''

to ``presence'' and linked to levels that would trigger local, state,

or Federal requirements. Paragraph (d)(3)(vii), which addresses flood

plains or wetlands, is expanded to include other special or critical

resources, i.e., coastal zones, wildlife refuge and wilderness areas,

wild and scenic rivers, sole or principal drinking water aquifers, etc.

Three new categories are added to insure that adverse health and

safety effects, paragraph (d)(3)(viii); the potential violation of

Federal, state, local or tribal requirements, paragraph (d)(3)(ix); and

cumulative impacts, (d)(3)(x); will now be considered as extraordinary

circumstances.

Paragraph (d)(5), Revocation, is added to assure that if the

conditions upon which a categorical exclusion was granted have changed

or new information is discovered indicating that the action no longer

meets the conditions of the categorical exclusion, the responsible

official must revoke the exclusion and ask for a full environmental

review.

Paragraphs (d)(6)(i) and (d)(6)(ii), which address changes to the

list of exclusion categories, adds ``directorates'' to ``offices and

administrations'' to more correctly reflect all the organizational

entities in FEMA.

The comments received during the comment period centered on four

areas: (1) hazardous materials; (2) exception categories being too

expansive; (3) extraordinary circumstances; and (4) clarification of

terms and the scope of several of the proposed categories. In addition,

it has been suggested that some of the categories could be combined and

that some could be eliminated because they were not germane to FEMA

activities. The following discussion addresses those comments directed

at the substance of the proposed rule.

Several comments expressed concern about the integration of

hazardous waste requirements into the categories, specifically the

original sections (d)(2)(viii), (x), (xiv), and (xv). That integration

already exists in the form of the extraordinary circumstance defined in

(3)(vi) and in general FEMA policy regarding hazardous materials. The

extraordinary circumstance would override the categorical exclusion if

special hazardous material situations were identified associated with

any categorically excluded action. In addition, it is FEMA policy that

before the acquisition of property all state and local hazardous

material ordinances must be adhered to and that the property itself

must be free of contaminates. Original sections (d)(2)(vii) and

(d)(2)(x) have been dropped and sections (d)(2)(xiv) and (d)(2)(xv) are

adequately covered by existing policy and the extraordinary

circumstance.

Commenters felt that the proposed (d)(2)(xvii) was too expansive in

what it could include and that it went beyond the definition used to

describe what was allowed by the statutory exclusion of the Stafford

Act, 42 U.S.C. 5159. The new wording intentionally goes beyond that of

the statutory exclusion. Our experience in working with this type of

project indicates that many projects that truly fit the categorical

exemption criteria were not covered and this language now includes them

for all FEMA programs. Any project qualifying for this exclusion that

is not covered by the statutory exclusion will still be evaluated for

extraordinary circumstances and will lose its categorical exclusion if

any of those circumstances apply.

One comment suggested adding a new extraordinary circumstance to

section (d)(3) that could override the categorical exclusion of an

action if that action impacted the recovery of an endangered species or

could be used be

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affirmatively used in that recovery. It was felt that the existing

endangered species extraordinary circumstance, (d)(3)(v), would be

invoked by the mere presence of a protected species and once the

environmental assessment was required the opportunity for affirmatively

considering recovery efforts would be available.

A suggestion was made to modify the wording of the extraordinary

circumstance (d)(3)(vii) which addresses ``special status areas or

other critical resources'' to include rare habitat that may not be on

the critical list. This modification has been made by adding the

quality of ``uniqueness'', i.e., ``special status areas or other unique

or critical resources.''

The addition of a new extraordinary circumstance, (d)(3)(x) was

suggested to address situations where normally excludable actions have

impacts which by themselves are not significant, but when combined with

impacts of other past, present, or foreseeable future activities have

the potential for significant impact.

Two proposed categories addressing the acquisition of real property

for future use, (d)(2)(viii), and the transfer of administrative

control, (d)(2)(x), were eliminated as not germane to normal FEMA

activities.

Newly designated sections (c)(1), (c)(2), (d)(2), (d)(2)(vi),

(d)(2)(vii), (d)(2)(ix), (d)(2)(x), (d)(2)(xii), (d)(2)(xiii),

(d)(2)(xv), (d)(2)(xvi), (d)(2)(xix)(F), (d)(3)(v), (d)(3)(vi), and

(d)(5) have been modified from the corresponding proposed sections in

response to specific suggestions to improve clarity and definition. The

explanation presented above which addresses any of these modified

sections reflects the new changes since the proposed rule was

published.

National Environmental Policy Act

The requirements of 44 CFR part 10, Environmental Consideration,

exclude this rule according to Sec. 10.8(c)(2)(i). FEMA has not

prepared an environmental impact statement.

Regulatory Flexibility Act

I certify that this rule would not have a significant economic

impact on a substantial number of small entities under the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq. The rule adds eight categories to

FEMA's categorical exclusions from reviews under the National

Environmental Policy Act, and FEMA does not expect the rule (1) will

affect adversely the availability of disaster assistance funding to

small entities, (2) will have significant secondary or incidental

effects on a substantial number of small entities, or (3) will create

any additional burden on small entities.

Regulatory Planning and Review

This rule is not a significant regulatory action within the meaning

of Sec. 2(f) of E.O. 12866 of September 30, 1993, Regulatory Planning

and Review, 3 CFR, 1994 Comp., p. 638. To the extent possible this

proposed rule adheres to the regulatory principles set forth in E.O.

12866, but has not been reviewed by the Office of Management and Budget

under E.O. 12866.

Paperwork Reduction Act

This rule does not involve any collection of information for the

purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Executive Order 12612, Federalism

This rule involves no policies that have federalism implications

under Executive Order 12612, Federalism, October 26, 1987, 3 CFR, 1987

Comp., p. 252.

Executive Order 12778, Civil Justice Reform

This rule meets the applicable standards of section 2(b)(2) of

Executive Order 12778, October 25, 1991, 56 FR 55195, 3 CFR, 1991

Comp., p. 309.

List of Subjects in 44 CFR Part 10

Environmental impact statements.

Accordingly, 44 CFR part 10 is amended as follows:

PART 10--ENVIRONMENTAL CONSIDERATIONS

1. The authority citation for Part 10 is revised to read as

follows:

Authority: 42 U.S.C. 4321 et seq.; E.O. 11514 of March 7, 1970,

35 FR 4247, as amended by E. O. 11991 of March 24, 1977, 3 CFR, 1977

Comp., p. 123; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3

CFR, 1978 Comp., p. 329; E.O. 12127 of March 31, 1979, 44 FR 19367,

3 CFR, 1979 Comp., p. 376; E.O. 12148 of July 20, 1979, 44 FR 43239,

3 CFR, 1979 Comp., p. 412, as amended.

2. Section 10.8 is amended by revising paragraphs (c), (d) and (e)

to read as follows:

Sec. 10.8 Determination of requirement for environmental review.

* * * * *

(c) Statutory exclusions. The following actions are statutorily

excluded from NEPA and the preparation of environmental impact

statements and environmental assessments by section 316 of the Robert

T. Stafford Disaster Relief and Emergency Assistance Act (Stafford

Act), as amended, 42 U.S.C. 5159;

(1) Action taken or assistance provided under sections 403, 407, or

502 of the Stafford Act; and

(2) Action taken or assistance provided under section 406 of the

Stafford Act that has the effect of restoring facilities substantially

as they existed before a major disaster or emergency.

(d) Categorical Exclusions (CATEXs). CEQ regulations at 40 CFR

1508.4 provide for the categorical exclusion of actions that do not

individually or cumulatively have a significant impact on the human

environment and for which, therefore, neither an environmental

assessment nor an environmental impact statement is required. Full

implementation of this concept will help FEMA avoid unnecessary or

duplicate effort and concentrate resources on significant environmental

issues.

(1) Criteria. The criteria used for determination of those

categories of actions that normally do not require either an

environmental impact statement or an environmental assessment include:

(i) Minimal or no effect on environmental quality;

(ii) No significant change to existing environmental conditions;

and

(iii) No significant cumulative environmental impact.

(2) List of exclusion categories. FEMA has determined that the

following categories of actions have no significant effect on the human

environment and are, therefore, categorically excluded from the

preparation of environmental impact statements and environmental

assessments except where extraordinary circumstances as defined in

paragraph (d)(5) of this section exist. If the action is of an

emergency nature as described in Sec. 316 of the Stafford Act (42

U.S.C. 5159), it is statutorily excluded and is noted with [SE].

(i) Administrative actions such as personnel actions, travel,

procurement of supplies, etc., in support of normal day-to-day

activities and disaster related activities;

(ii) Preparation, revision, and adoption of regulations,

directives, manuals, and other guidance documents related to actions

that qualify for categorical exclusions;

(iii) Studies that involve no commitment of resources other than

manpower and associated funding;

(iv) Inspection and monitoring activities, granting of variances,

and actions to enforce Federal, state, or local codes, standards or

regulations;

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(v) Training activities and both training and operational exercises

utilizing existing facilities in accordance with established procedures

and land use designations;

(vi) Procurement of goods and services for support of day-to-day

and emergency operational activities, and the temporary storage of

goods other than hazardous materials, so long as storage occurs on

previously disturbed land or in existing facilities;

(vii) The acquisition of properties and the associated demolition/

removal [see paragraph (d)(2)(xii) of this section] or relocation of

structures [see paragraph (d)(2)(xiii) of this section] under any

applicable authority when the acquisition is from a willing seller, the

buyer coordinated acquisition planning with affected authorities, and

the acquired property will be dedicated in perpetuity to uses that are

compatible with open space, recreational, or wetland practices.

(viii) Acquisition or lease of existing facilities where planned

uses conform to past use or local land use requirements;

(ix) Acquisition, installation, or operation of utility and

communication systems that use existing distribution systems or

facilities, or currently used infrastructure rights-of-way;

(x) Routine maintenance, repair, and grounds-keeping activities at

FEMA facilities;

(xi) Planting of indigenous vegetation;

(xii) Demolition of structures and other improvements or disposal

of uncontaminated structures and other improvements to permitted off-

site locations, or both;

(xiii) Physical relocation of individual structures where FEMA has

no involvement in the relocation site selection or development;

(xiv) Granting of community-wide exceptions for floodproofed

residential basements meeting the requirements of 44 CFR 60.6(c) under

the National Flood Insurance Program;

(xv) Repair, reconstruction, restoration, elevation, retrofitting,

upgrading to current codes and standards, or replacement of any

facility in a manner that substantially conforms to the preexisting

design, function, and location; [SE, in part]

(xvi) Improvements to existing facilities and the construction of

small scale hazard mitigation measures in existing developed areas with

substantially completed infrastructure, when the immediate project area

has already been disturbed, and when those actions do not alter basic

functions, do not exceed capacity of other system components, or modify

intended land use; provided the operation of the completed project will

not, of itself, have an adverse effect on the quality of the human

environment;

(xvii) Actions conducted within enclosed facilities where all

airborne emissions, waterborne effluent, external radiation levels,

outdoor noise, and solid and bulk waste disposal practices comply with

existing Federal, state, and local laws and regulations;

(xviii) The following planning and administrative activities in

support of emergency and disaster response and recovery:

(A) Activation of the Emergency Support Team and convening of the

Catastrophic Disaster Response Group at FEMA headquarters;

(B) Activation of the Regional Operations Center and deployment of

the Emergency Response Team, in whole or in part;

(C) Deployment of Urban Search and Rescue teams;

(D) Situation Assessment including ground and aerial

reconnaissance;

(E) Information and data gathering and reporting efforts in support

of emergency and disaster response and recovery and hazard mitigation;

and

(xix) The following emergency and disaster response, recovery and

hazard mitigation activities under the Stafford Act:

(A) General Federal Assistance (Sec. 402); [SE]

(B) Essential Assistance (Sec. 403); [SE]

(C) Debris Removal (Sec. 407) [SE]

(D) Temporary Housing (Sec. 408), except locating multiple mobile

homes or other readily fabricated dwellings on sites, other than

private residences, not previously used for such purposes;

(E) Unemployment Assistance (Sec. 410);

(F) Individual and Family Grant Programs (Sec. 411), except for

grants that will be used for restoring, repairing or building private

bridges, or purchasing mobile homes or other readily fabricated

dwellings;

(G) Food Coupons and Distribution (Sec. 412);

(H) Food Commodities (Sec. 413);

(I) Legal Services (Sec. 415);

(J) Crisis Counseling Assistance and Training (Sec. 416);

(K) Community Disaster Loans (Sec. 417);

(L) Emergency Communications (Sec. 418);

(M) Emergency Public Transportation (Sec. 419);

(N) Fire Suppression Grants (Sec. 420); and

(O) Federal Emergency Assistance (Sec. 502) [SE].

(3) Extraordinary circumstances. If extraordinary circumstances

exist within an area affected by an action, such that an action that is

categorically excluded from NEPA compliance may have a significant

adverse environmental impact, an environmental assessment shall be

prepared. Extraordinary circumstances that may have a significant

environmental impact include:

(i) Greater scope or size than normally experienced for a

particular category of action;

(ii) Actions with a high level of public controversy;

(iii) Potential for degradation, even though slight, of already

existing poor environmental conditions;

(iv) Employment of unproven technology with potential adverse

effects or actions involving unique or unknown environmental risks;

(v) Presence of endangered or threatened species or their critical

habitat, or archaeological, cultural, historical or other protected

resources;

(vi) Presence of hazardous or toxic substances at levels which

exceed Federal, state or local regulations or standards requiring

action or attention;

(vii) Actions with the potential to affect special status areas

adversely or other critical resources such as wetlands, coastal zones,

wildlife refuge and wilderness areas, wild and scenic rivers, sole or

principal drinking water aquifers;

(viii) Potential for adverse effects on health or safety; and

(ix) Potential to violate a Federal, State, local or tribal law or

requirement imposed for the protection of the environment.

(x) Potential for significant cumulative impact when the proposed

action is combined with other past, present and reasonably foreseeable

future actions, even though the impacts of the proposed action may not

be significant by themselves.

(4) Documentation. The Regional Director will prepare and maintain

an administrative record of each proposal that is determined to be

categorically excluded from the preparation of an environmental impact

statement or an environmental assessment.

(5) Revocation. The Regional Director shall revoke a determination

of categorical exclusion and shall require a full environmental review

if, subsequent to the granting an exclusion, the Regional Director

determines that due to changes in the proposed action or in light of

new findings, the action no longer meets the requirements for a

categorical exclusion.

(6) Changes to the list of exclusion categories.

(i) The FEMA list of exclusion categories will be continually

reviewed and refined as additional categories are

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identified and experience is gained in the categorical exclusion

process. An office, directorate, or administration of FEMA may, at any

time, recommend additions or changes to the FEMA list of exclusion

categories.

(ii) Offices, directorates, and administrations of FEMA are

encouraged to develop additional categories of exclusions necessary to

meet their unique operational and mission requirements.

(iii) If an office, directorate, or administration of FEMA proposes

to change or add to the list of exclusion categories, it shall first:

(A) Obtain the approval of the Environmental Officer and the Office

of the General Counsel; and

(B) Publish notice of such proposed change or addition in the

Federal Register at least 60 days before the effective date of such

change or addition.

(e) Actions that normally require an environmental assessment. When

a proposal is not one that normally requires an environmental impact

statement and does not qualify as a categorical exclusion, the Regional

Director shall prepare an environmental assessment.

Dated: January 26, 1996.

Harvey G. Ryland,

Deputy Director.

[FR Doc. 96-2087 Filed 2-2-96; 8:45 am]

BILLING CODE 6718-01-P