National Environmental Policy Act Implementing Procedures

POSTAL SERVICE

39 CFR Parts 775, 777 and 778

National Environmental Policy Act Implementing Procedures

AGENCY: Postal Service (USPS).

ACTION: Proposed rule.

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SUMMARY: This proposal would revise existing procedures and categorical

exclusions governing the Postal Service's compliance with the National

Environmental Policy Act (NEPA). The proposed amendments are based upon

experience with existing regulations and new policies and

infrastructure that have been implemented since the restructuring of

the Postal Service in 1992. The proposed changes are intended to comply

with the requirements of NEPA while improving quality and reducing

administrative processes and preparation.

DATE: Comments must be received by September 10, 1997.

ADDRESSES: Please submit written comments to Charles E. Bravo, Manager,

Environmental Management Policy, U.S. Postal Service, 475 L'Enfant

Plaza SW Room 1P830, Washington, DC 20260-2810, fax (202) 268-6016.

FOR FURTHER INFORMATION CONTACT: Charles A. Vidich, Environmental

Coordinator, U.S. Postal Service, 8 Griffin Rd. N., Windsor, CT 06006-

7030, phone (860) 285-7254, or Gary W. Bigelow, Senior Counsel,

Environmental Law, 4200 Wake Forest Rd., Raleigh, NC 27668-1121, phone

(919) 501-9439.

SUPPLEMENTARY INFORMATION: Historically, the U.S. Postal Service has

implemented the provisions of the National Environmental Policy Act

(NEPA) through policies and procedures established by the Postal

Service's Facilities organization. Certainly, most of the ``major

federal actions'' undertaken by the Postal Service have been associated

with the construction or disposal of postal facilities. However, in

recent years it has become increasingly evident that other postal

organizations also have a role in implementing the provisions of NEPA.

The Postal Service is revising its regulations to clarify the scope of

the applicability of NEPA.

The proposed changes revise procedures for implementing the

requirements of NEPA. They require Postal Service officials to consider

potential impacts of major federal actions to the human environment. To

properly implement the provisions of the Act, responsible Postal

Service officials must perform adequate environmental analyses to

determine whether identified impacts are significant. An Environmental

Impact Statement (EIS) is required if the impacts are determined to be

significant; otherwise, an environmental assessment (EA) is prepared,

unless the action is categorically excluded or there is no potential

for significant impact.

Responsible officials will complete an environmental checklist to

identify potential environmental concerns outside of the NEPA process,

such as permitting requirements, and to determine the need for

preparing an EA. Although NEPA does not require the preparation of an

environmental checklist, it is Postal Service policy to use the

environmental checklist as a planning tool to better identify the

environmental consequences of proposed actions that have potential for

impacts upon the environment.

The proposed changes respond to numerous suggestions for additional

categorical exclusions (CATEXs), modifications to existing exclusions,

and clarification of the scope of the NEPA requirements. The changes

are connected with experience with the types of actions that generally

do not require an EA or result in a finding of no significant impact

(FONSI). In addition, the Postal Service reorganized in 1992 and its

missions, programs, and policies have evolved to meet the requirements

of the competitive market and to continue to provide a business-like

public service to the American public. Accordingly, the Postal Service

needs to make changes to its NEPA regulations consistent with its

restructured operation.

In order to produce an update of the CATEXs, the Postal Service

reviewed EAs and FONSIs that it has issued. It also reviewed other

federal agency CATEXs to ensure the appropriateness of the exclusions.

The results form the basis for the proposed amendments. The proposed

changes are consistent with guidance provided by the Council on

Environmental Quality (CEQ), which encourages flexibility in the NEPA

implementing procedures to reduce administrative burdens and promote

efficiency. The Postal Service has consulted the CEQ regarding these

proposed amendments. The proposed CATEXs would not affect the Postal

Service's responsibility for compliance with other applicable federal,

state, or local environmental laws, including the Clean Air Act, Clean

Water Act, and existing postal floodplain and wetland regulations.

The proposed changes are intended to adjust the Postal Service's

normal levels of NEPA review and to add, modify, and clarify classes of

actions based upon experience in applying NEPA. The listings do not

constitute a conclusive determination regarding the appropriate level

of review for a proposed action. The identified categories of CATEXs

and actions that normally require an EA presume that the level of

review is appropriate. The presumptions do not apply when unusual or

extraordinary circumstances related to the action that may affect the

significance of the proposed action. An example of an extraordinary

circumstance could be the proposed construction of a small structure in

the middle of wetlands that harbor protected endangered species.

Description of Proposed Amendments

This section describes the proposed amendments to the Postal

Service NEPA regulations at 39 CFR part 775. Subchapter K is renamed

Environmental Regulations to more accurately describe the subchapter

that contains NEPA and wetland and floodplain regulations. Parts 777

and 778 are redesignated from Subchapter K to the formerly reserved

Subchapter L, Special Regulations.

Part 775 is similarly renamed National Environmental Policy Act

Procedures. Section 775.1, Purpose, is revised by deleting the language

in the second sentence.

Section 775.3(a), Responsibilities, is revised to indicate that the

Chief Environmental Officer of the Postal Service is the person

responsible for overall development of policy regarding NEPA, and each

39 CFR part 4 officer with responsibility over the proposed program,

project, action, or facility is responsible for compliance with NEPA as

the responsible official. The officer who is in charge of the

facilities organization is responsible for the development of NEPA

policy as it affects real estate and construction or disposal of postal

facilities. Paragraph (b) is revised to state that environmental

coordinators are designated by postal management to assist in

compliance with NEPA requirements because the Postal Service has

reorganized and renamed many of the groups referenced in the original

regulation.

[[Page 42959]]

Section 775.4 is a new section with definitions. The Postal Service

incorporates by reference those definitions set forth in CEQ's

regulations contained in 40 CFR part 1508. Additional definitions

pertaining to postal documents or types of officials are also listed.

Existing Sec. 775.4, Typical classes of action, is split up and

renamed and renumbered as Sec. 775.5, Classes of Actions, and

Sec. 775.6, Categorical Exclusions. Section 775.4(a) is renumbered as

Sec. 775.5 and revised to state that the Postal Service does not

normally conduct actions requiring an EIS, but will prepare an EIS

based on the factors in the CEQ regulations. Classes of actions that

normally require EAs have been revised and include:

1. Any project that includes the conversion, purchase, or any other

alteration of the fuel source for 25 percent or more of USPS vehicles

operating with fuel other than diesel or gasoline in any carbon

monoxide or ozone nonattainment area.

2. Any action that would adversely affect a federally listed

threatened or endangered species or its habitat.

3. Any action that would directly affect public health.

4. Any action that would require development within park lands, or

be located in close proximity to a wild or scenic river or other

ecologically critical area.

5. Any action affecting the quality of the physical environment

that would be scientifically highly controversial.

6. Any action that may have highly uncertain or unknown risks on

the human environment.

7. Any action that threatens a violation of applicable federal,

state, or local law or requirements imposed for the protection of the

environment.

8. New construction of a facility with vehicle maintenance or

petroleum fuel dispensing capabilities, whether owned or leased.

9. Acquisition or lease of an existing building involving new uses

or a change in use to a greater environmental intensity.

10. Real property disposal involving a known change in use to a

greater environmental intensity.

11. Postal facility function changes involving new uses of greater

environmental intensity.

12. Reduction in force involving more than 1000 positions.

13. Relocation of 300 or more employees more than 50 miles.

14. Initiation of legislation.

Paragraph (b) of existing Sec. 775.4, Categorical Exclusions, is

revised and renumbered as Sec. 775.6, Categorical Exclusions. The

classes of actions in paragraphs (b) through (e) of this section are

those that the Postal Service has determined do not individually or

cumulatively have a significant impact on the human environment and,

therefore, do not require the preparation of an EA or EIS. In order to

be categorically excluded, a proposed action must be based on a

determination that the action fits within a class listed and that there

are no extraordinary circumstances that may affect the significance of

the proposal. Extraordinary circumstances are those unique situations

presented by specific proposals, such as scientific controversy about

the environmental impacts of the proposal or uncertain effects or

effects involving unique resources or unknown risks. The proposed

action must also not be connected to other actions with potentially

significant actions or is not related to other proposed actions with

potentially significant impacts.

The CATEXs are listed in the following order: Those relating to

general agency actions; emergency and restoration actions; maintenance

and repair actions; and real estate and construction activities. The

general agency actions relate to activities that in and of themselves

do not normally impact the environment, such as policy development,

planning, procurement, training, research, and other administrative

processes. The emergency and environmental restoration actions relate

to emergency, disaster-related, and environmental restoration or

remediation activities. The maintenance and repair actions involve

activities that are minor or involve replacement of equipment and

upkeep of buildings. Real estate and construction activities concern

the acquisition, construction, and disposal of real property.

Paragraph (b) states that the listed CATEXs that relate to general

agency actions are classes of actions that have been determined to not

have a significant impact upon the environment and therefore do not

require an EA or EIS. These are new CATEXs except where indicated.

(1) Policy development, planning, and implementation that relate to

routine activities such as personnel, organizational changes, or

similar administrative functions.

(2) Routine actions, including the management of programs or

activities necessary to support the normal conduct of agency business,

such as administrative, financial, operational, and personnel actions

that involve no commitment of resources other than manpower and funding

allocations.

(3) Award of contracts for technical support services, management

and operation of a government-owned facility, and personal services.

(4) Research activities and studies and routine data collection

when such actions are clearly limited in context and intensity.

(5) Educational and informational programs and activities.

(6) Reduction in force resulting from workload adjustments, reduced

personnel or funding levels, skill imbalances, or other similar causes

that do not affect more than 1,000 positions.

(7) Postal rate or mail classification actions, address information

system changes, post office name changes, and ZIP Code changes.

(Revised and renumbered from existing Sec. 775.4(b)(14).)

(8) Property protection, law enforcement, and other legal

activities undertaken by the Postal Inspection Service, General

Counsel, the Judicial Officer, and the Inspector General.

(9) Activities related to trade representation and market

development activities abroad.

(10) Emergency preparedness planning activities, including

designation of on-site evacuation routes.

(11) Minor reassignment of motor vehicles and purchase or

deployment of motor vehicles to new locations that do not adversely

impact traffic safety, congestion, or air quality. (Revised and

renumbered from Sec. 775.4(b)(13).)

(12) Procurement or disposal of mail handling or transport

equipment. (Revised and renumbered from Sec. 775.4(b)(13).)

(13) Acquisition, installation, operation, removal, or disposal of

communication systems, computers, and data processing equipment.

(14) Postal facility function changes not involving construction,

where there are no substantial relocations of employees or no

substantial increase in the number of motor vehicles at a facility.

(Revised and renumbered from Sec. 775.4(b)(15).)

(15) Closure or consolidation of post offices under 39 U.S.C.

404(b).

(16) Minor operational changes at an existing facility to minimize

waste generation and for reuse of materials. These changes include, but

are not limited to, adding filtration and recycling systems to allow

reuse of vehicle or machine oil, setting up sorting areas to improve

process efficiency, and segregating waste streams previously mingled

and assigning new identification codes to the two resulting streams.

(17) Actions that have an insignificant effect upon the environment

as

[[Page 42960]]

established in a previously written Environmental Assessment (EA) and

Finding of No Significant Impact (FONSI) or Environmental Impact

Statement (EIS). Such repetitive actions shall be considered

``reference actions,'' and a record of all decisions concerning these

``reference actions'' shall be maintained by the Chief Environmental

Officer or designee. The proposed action must be essentially the same

in context and the same or less in intensity or must create fewer

impacts than the ``reference action'' previously studied under an EA or

EIS in order to qualify for this exclusion.

(18) Rulemakings that are strictly procedural, and interpretations

and rulings with existing regulations, or modifications or rescissions

of such interpretations and rulings.

Paragraph (c) lists emergency or restoration actions that are

CATEXs. These are new CATEXs.

(1) Any cleanup, remediation, or removal action conducted under the

provisions of the Comprehensive Environmental Response Compensation and

Liability Act (CERCLA) or the Resource Conservation Recovery Act

(RCRA), any asbestos abatement actions regulated under the provisions

of the Occupational Safety and Health Act (OSHA) or the Clean Air Act,

or any polychlorinated biphenyls (PCB) transformer replacement or any

lead-based paint abatement actions regulated under the provisions of

the Toxic Substances Control Act (TSCA), OSHA, or RCRA.

(2) Testing associated with environmental cleanups or site

investigations.

Paragraph (d) lists CATEXs concerning maintenance or repair actions

at existing facilities that do not have a significant impact upon the

environment. Revised and renumbered CATEXs are indicated.

(1) Siting, construction or operation of temporary support

buildings or support structures.

(2) Routine maintenance and minor activities, such as fencing, that

occur in floodplains or state and local wetlands or pursuant to the

nationwide permitting process of the Corps of Engineers.

(3) Routine actions normally conducted to protect and maintain

properties and which do not alter the configuration of the building.

(Renumbered from Sec. 775.4(b)(6)).

(4) Changes in buildings required to promote handicapped

accessibility pursuant to the Architectural Barriers Act.

(5) Repair to, or replacement in kind or equivalent of building

equipment or components (e.g., electrical distribution, HVAC systems,

doors, windows, roofs, etc.). (Revised and renumbered

Sec. 775.4(b)(7)).

(6) Internal modifications or improvements to structures or

buildings to accommodate mail processing, computer, communication or

other similar types of equipment or other actions which do not involve

modification to the external walls of the facility.

(7) Joint development and/or joint use projects that only involve

internal modifications to an existing facility. (Revised and renumbered

from Sec. 775.4(b)(12)).

(8) Noise abatement measures, such as construction of noise

barriers and installation of noise control materials.

(9) Actions which require concurrence or approval of another

federal agency where the action is a categorical exclusion under the

NEPA regulations of that federal agency.

Paragraph (e) concerns CATEXs applicable to real estate actions.

Revised and renumbered CATEXs are indicated.

(1) Obtaining, granting, disposing, or changing of easements,

licenses and permits, rights-of-way and similar interests. (Renumbered

from Sec. 775.4(b)(8)).

(2) Extension, renewal, renegotiation, or termination of existing

lease agreements. (Renumbered from Sec. 775.4(b)(11)).

(3) Purchase of Postal Service occupied leased property where the

planned postal uses do not differ significantly from the past uses of

the site. (Renumbered from Sec. 775.4(b)(10).

(4) Acquisition or disposal of existing facilities and real

property where the planned uses do not differ significantly from past

uses of the site. (Renumbered and revised from Sec. 775.4(b)(2) & (9)).

(5) Acquisition of real property not connected to specific facility

plans or when necessary to protect the interests of the Postal Service

in advance of final project approval. This categorical exclusion only

applies to the acquisition. Any subsequent use of the site for a

facility project must be considered under this part. (Revised and

renumbered from Sec. 775.4(b)(5)).

(6) Disposal through sale or outlease of unimproved real property

(Renumbered and revised from Sec. 775.4(b)(9)).

(7) Disposal through sale, outlease, transfer or exchange of real

property to other federal or state agencies.

(8) Acquisition or disposal through sale, lease, transfer or

exchange of real property that do not involve any increase in volumes,

concentrations, or discharge rates of wastes, air emissions, or water

effluents, and that under reasonably foreseeable uses, have generally

similar environmental impacts as compared to those before the

acquisition or disposal. A determination that the proposed action is

categorically excluded can be based upon a previous reference action.

(9) Acquisition or disposal through sale, lease, transfer,

reservation or exchange of real property for nature and habitat

preservation, conservation, a park or wildlife management.

(10) New construction, Postal Service owned or leased, or joint

development and/or joint use projects, of any facility unless the

proposed action is listed as requiring an EA in Sec. 775.5 (Revised and

renumbered from Sec. 775.4(b)(1)).

(11) Expansion or improvement of an existing facility where the

expansion is within the boundaries of the site or occurs in a

previously developed area unless the proposed action is listed as

requiring an EA in Sec. 775.5.

(12) Construction and disturbance pursuant to a nationwide permit

issued by the Corp of Engineers.

(13) Any activity in floodplains being regulated pursuant to Part

776 and which is not listed as requiring an EA in Sec. 775.5.

Section 775.5 is renumbered to Sec. 775.8. No revisions are made to

this section.

A new Sec. 775.7 is added entitled Planning and early coordination.

This section outlines the necessity for planning and early coordination

for all NEPA documents. Operational personnel and facilities personnel

must cooperate in the early concept stages of a program or project in

order to fully evaluate the ramifications of the proposed action since

certain decisions made early in the planning concept may fix later

impacts and results.

Section 775.6 Environmental evaluation process is renumbered to

Sec. 775.9 and revised extensively. Paragraph (a) is revised to

indicate that an environmental checklist can be used to support a

record of environmental consideration that a proposed action either was

categorically excluded and there were no extraordinary circumstances

that may cause the action to have a significant impact upon the

environment; or the action clearly indicates the absence of

environmental impacts upon the environment; or that the proposed action

will require the preparation of an environmental assessment.

The use of the environmental checklist can act as an internal check

for the responsible official to assist in the determination that

environmental issues have been considered. Although NEPA

[[Page 42961]]

does not require the use of a checklist, the Postal Service has found

that the use of a checklist can serve important NEPA and non-NEPA

functions such as whether a permit may be necessary or further

investigations may be required to verify the presence of hazardous

substances on a property.

The use of a mitigated FONSI is conditioned upon the implementation

of the identified mitigation measures that support a FONSI. When the

FONSI relies upon implementation of the proposed mitigation measures,

those mitigation measures must be funded and implemented or the FONSI

is not valid. Unless the identified mitigation measures are implemented

by the responsible official, an EIS must be prepared.

Paragraph (b) is revised to indicate that alternatives to the

proposed action are to be considered as well as alternate sites for a

new facility. The use of alternative analysis is broader than

comparison of alternate sites and the revisions reflect the expansion

of NEPA beyond the facilities program and projects. The identification

of decision makers have been expanded to reflect that many persons or

groups have authority within the Postal Service to make a decision that

may impact the environment. The decision to prepare an EIS has been

delegated to the responsible officer with authority over that project

or program.

Present Sec. 775.7 is renumbered to Sec. 775.10 and revised in

paragraph (a) to add a requirement that the EA contain a list of

applicable environmental permits necessary to complete the proposed

action.

Section 775.8 is renumbered to Sec. 775.11 and revised to change

section references.

Section 775.9 is renumbered to Sec. 775.12.

Section 775.10 is renumbered to Sec. 775.13 and revised in (a)(4)

to correct the title of the legislative counsel.

Section 775.11 is renumbered to Sec. 775.14 and revised to change

section references.

Distribution Table

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New

Existing section section Action

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775.1............................... 775.1 Revised.

775.2............................... 775.2 Unchanged.

775.3............................... 775.3 Revised.

775.4 New.

775.4(a)............................ 775.5 Revised.

775.4(b)............................ 775.6 Revised.

775.7 New.

775.5............................... 775.8 Unchanged.

775.6............................... 775.9 Revised.

775.7............................... 775.10 Amended.

775.8............................... 775.11 Amended.

775.9............................... 775.12 Amended.

775.10.............................. 775.13 Amended.

775.11.............................. 775.14 Amended.

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In view of the matters discussed above, although exempt from the

notice and comment requirements of the Administrative Procedure Act (5

U.S.C. 553 (b), (c)) regarding proposed rulemaking by 39 U.S.C. 410(a),

the Postal Service invites comments on the following proposed

amendments to part 775 of subchapter K and subchapter L of title 39,

Code of Federal Regulations.

List of Subjects in 39 CFR Part 775

Environmental impact statements.

For the reasons set out in this document, the Postal Service

proposes to amend 39 CFR subchapter K, part 775, and subchapter L,

parts 777 and 778, as follows:

SUBCHAPTER K--ENVIRONMENTAL REGULATIONS

PART 775--NATIONAL ENVIRONMENTAL POLICY ACT PROCEDURES

1. The authority citation for 39 CFR part 775 is revised to read as

follows:

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

2. The heading for subchapter K is revised to read as set forth

above.

3. The heading of part 775 is revised to read as set forth above.

4. Section 775.1 is revised to read as follows:

Sec. 775.1 Purpose.

These procedures implement the National Environmental Policy Act

(NEPA) regulations (40 CFR part 1500) issued by the Council on

Environmental Quality (CEQ).

5. Section 775.3 is revised to read as follows:

Sec. 775.3 Responsibilities.

(a) The Chief Environmental Officer is responsible for overall

development of policy regarding NEPA and other environmental policies.

The officer in charge of the facilities or real estate organization is

responsible for the development of NEPA policy as it affects real

estate or acquisition, construction and disposal of postal facilities

consistent with overall NEPA policy. Each officer with responsibility

over the proposed program, project, action, or facility is responsible

for compliance with NEPA as the responsible official.

(b) Postal managers will designate environmental coordinators to

assist with compliance with NEPA procedures.

Secs. 775.5 through 775.11 [Redesignated as Secs. 775.8 through

775.14]; Sec. 775.4(a) [Redesignated as Sec. 775.5] and Sec. 775.4(b)

[Redesignated as Sec. 775.6].

6. Sections 775.5 through 775.11 are redesignated as Secs. 775.8

through 775.14 and Sec. 775.4(a) is redesignated as Sec. 775.5 and

Sec. 775.4(b) is redesignated as Sec. 775.6.

7. Newly redesignated Sec. 775.5 is revised to read as follows:

Sec. 775.5 Classes of actions.

(a) Actions which normally require an environment impact statement.

None, however the Postal Service will prepare an EIS when necessary

based on the factors identified in 40 CFR 1508.27.

(b) Actions requiring an environmental assessment.Classes of

actions that will require an environmental assessment unless

categorically excluded include:

(1) Any project that includes the conversion, purchase, or any

other alteration of the fuel source for 25 percent or more of USPS

vehicles operating with fuel other than diesel or gasoline in any

carbon monoxide or ozone non-attainment area;

(2) Any action that would adversely affect a federally listed

threatened or endangered species or its habitat;

(3) Any action that would directly affect public health;

(4) Any action that would require development within park lands, or

be located in close proximity to a wild or scenic river or other

ecologically critical area;

(5) Any action affecting the quality of the physical environment

that would be scientifically highly controversial;

(6) Any action that may have highly uncertain or unknown risks on

the human environment;

(7) Any action that threatens a violation of applicable federal,

state, or local law or requirements imposed for the protection of the

environment;

(8) New construction of a facility with vehicle maintenance or fuel

dispensing capabilities, whether owned or leased;

(9) Acquisition or lease of an existing building involving new uses

or a change in use to a greater environmental intensity;

(10) Real property disposal involving a known change in use to a

greater environmental intensity;

(11) Postal facility function changes involving new uses of greater

environmental intensity;

[[Page 42962]]

(12) Reduction in force involving more than 1000 positions;

(13) Relocation of 300 or more employees more than 50 miles;

(14) Initiation of legislation.

8. In newly redesignated Sec. 775.9, paragraphs (a)(1) through (4),

the first sentence in (b)(1), and paragraphs (b)(2), (b)(3),

introductory text, and (b)(3)(i) are revised and a new sentence is

added after the first 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 written 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 written determination is made that:

(i) The action is one of a class listed in Sec. 775.6, Categorical

Exclusions, and

(ii) The action is not affected by extraordinary circumstances

which may cause it to have a significant environmental effect, or

(iii) The action is a type that is not a major federal action with

a significant impact upon the environment.

(2) Findings of no significant impact. If an environmental

assessment indicates that there is no significant impact of a proposed

action on the environment, an environmental impact statement is not

required. A ``finding of no significant impact'' is prepared and

published in accordance with Sec. 775.13. When the proposed action is

approved, it may be accomplished without further environmental

consideration. A ``finding of no significant impact'' document briefly

presents the reasons why an action will not have a significant effect

on the human environment and states that an environmental impact

statement will not be prepared. It must refer to the environmental

assessment and any other environmentally pertinent documents related to

it. The assessment may be included in the finding if it is short, in

which case the discussion in the assessment need not be repeated in the

finding. The FONSI may be a mitigated FONSI in which case the required

mitigation factors should be listed in the FONSI. The use of a

mitigated FONSI is conditioned upon the implementation of the

identified mitigation measures in the EA that support the FONSI. Unless

the mitigation measures are implemented by the responsible official,

the use of an EA in lieu of an EIS is not acceptable.

(3) Impact statement preparation decision and notices. If an

environmental assessment indicates that a proposed major action would

have a significant impact on the environment, a notice of intent to

prepare an impact statement is published (see Sec. 775.13) and an

environmental impact statement is prepared.

(4) Role of impact statement in decision making. An environmental

impact statement is used, with other analyses and materials, to decide

which alternative should be pursued, or whether a proposed action

should be abandoned or other courses of action pursued. See Sec. 775.12

for restrictions on the timing of this decision.

* * * * *

(b) * * *

(1) The environmental assessment of any action which involves the

construction or acquisition of a new mail processing facility must

include reasonable alternatives to the proposed action and not just

consideration of contending sites for a facility. This process must be

started early in the planning of the action.* * *

(2) When an environmental assessment indicates that an

environmental impact statement may be needed for a proposed facility

action, the responsible officer will make the decision whether to

prepare an environmental impact statement for presentation to the

Capital Investment Committee, and to the Board of Governors if the

Board considers the proposal.

(3) If an environmental impact statement is presented to the

Committee or the Board, and an analysis indicates that it would be more

cost-effective to proceed immediately with continued control of sites,

(including advance acquisition, if necessary, and where authorized by

postal procedures), environmental impact statement preparation, and

project designs, a budgetary request will include authorization of

funds to permit:

(i) The preparation of an impact statement encompassing all

reasonable alternatives and site alternatives,

* * * * *

9. Newly redesignated Sec. 775.6 is revised to read as follows:

Sec. 775.6 Categorical exclusions.

(a) The classes of actions in this section are those that the

Postal Service has determined do not individually or cumulatively have

a significant impact on the human environment. A proposed action, to be

categorically excluded, is based upon a determination that the action

fits within a class listed and there are no extraordinary circumstances

that may affect the significance of the proposal. The action must not

be connected to other actions with potentially significant impacts or

is not related to other proposed actions with potentially significant

impacts. Extraordinary circumstances are those unique situations

presented by specific proposals, such as scientific controversy about

the environmental impacts of the proposal; uncertain effects or effects

involving unique or unknown risks.

(b) Categorical exclusions relating to general agency actions:

(1) Policy development, planning and implementation that relate to

routine activities such as personnel, organizational changes or similar

administrative functions.

(2) Routine actions, including the management of programs or

activities necessary to support the normal conduct of agency business,

such as administrative, financial, operational and personnel actions

that involve no commitment of resources other than manpower and funding

allocations.

(3) Award of contracts for technical support services, management

and operation of a government owned facility, and personal services.

(4) Research activities and studies and routine data collection

when such actions are clearly limited in context and intensity.

(5) Educational and informational programs and activities.

(6) Reduction in force resulting from workload adjustments, reduced

personnel or funding levels, skill imbalances or other similar causes

that do not affect more than 1,000 positions.

(7) Postal rate or mail classification actions, address information

system changes, post office name and zip code changes.

(8) Property protection, law enforcement and other legal activities

undertaken by the Postal Inspection Service, the Law Department, the

Judicial Officer, and the Inspector General.

(9) Activities related to trade representation and market

development activities abroad.

(10) Emergency preparedness planning activities, including

designation of on-site evacuation routes.

(11) Minor reassignment of motor vehicles and purchase or

deployment of motor vehicles to new locations that do not adversely

impact traffic safety, congestion or air quality.

(12) Procurement or disposal of mail handling or transport

equipment.

[[Page 42963]]

(13) Acquisition, installation, operation, removal or disposal of

communication systems, computers and data processing equipment.

(14) Postal facility function changes not involving construction,

where there are no substantial relocation of employees, or no

substantial increase in the number of motor vehicles at a facility.

(15) Closure or consolidation of post offices under 39 U.S.C.

404(b).

(16) Minor operational changes at an existing facility to minimize

waste generation and for reuse of materials. These changes include but

are not limited to, adding filtration and recycling systems to allow

reuse of vehicle or machine oil, setting up sorting areas to improve

process efficiency, and segregating waste streams previously mingled

and assigning new identification codes to the two resulting streams.

(17) Actions which have an insignificant effect upon the

environment as established in a previously written Environmental

Assessment (EA) and Finding of No Significant Impact (FONSI) or

Environmental Impact Statement (EIS). Such repetitive actions shall be

considered ``reference actions'' and a record of all decisions

concerning these ``reference actions'' shall be maintained by the Chief

Environmental Officer or designee. The proposed action must be

essentially the same in context and the same or less in intensity or

create fewer impacts than the ``reference action'' previously studied

under an EA or EIS in order to qualify for this exclusion.

(18) Rulemakings that are strictly procedural, and interpretations

and rulings with existing regulations, or modifications or rescissions

of such interpretations and rulings.

(c) Categorical exclusions relating to emergency or restoration

actions:

(1) Any cleanup, remediation or removal action conducted under the

provisions of the Comprehensive Environmental Response compensation and

Liability Act (CERCLA) or the Resource Conservation and Recovery Act

(RCRA), any asbestos abatement actions regulated under the provisions

of the Occupational Safety and Health Act (OSHA), or the Clean Air Act

or any PCB transformer replacement or any lead based paint abatement

actions regulated under the provisions of the Toxic Substances Control

Act (TSCA), OSHA or RCRA.

(2) Testing associated with environmental cleanups or site

investigations.

(d) Categorical exclusions relating to maintenance or repair

actions at existing facilities:

(1) Siting, construction or operation of temporary support

buildings or support structures.

(2) Routine maintenance and minor activities, such as fencing, that

occur in floodplains or state and local wetlands or pursuant to the

nationwide permitting process of the Corps of Engineers.

(3) Routine actions normally conducted to protect and maintain

properties and which do not alter the configuration of the building.

(4) Changes in configuration of buildings required to promote

handicapped accessibility pursuant to the Architectural Barriers Act.

(5) Repair to, or replacement in kind or equivalent of building

equipment or components (e.g., electrical distribution, HVAC systems,

doors, windows, roofs, etc.).

(6) Internal modifications or improvements to structures or

buildings to accommodate mail processing, computer, communication or

other similar types of equipment or other actions which do not involve

modification to the external walls of the facility.

(7) Joint development and/or joint use projects that only involve

internal modifications to an existing facility.

(8) Noise abatement measures, such as construction of noise

barriers and installation of noise control materials.

(9) Actions which require concurrence or approval of another

federal agency where the action is a categorical exclusion under the

NEPA regulations of that federal agency.

(e) Categorical exclusions relating to real estate actions.

(1) Obtaining, granting, disposing, or changing of easements,

licenses and permits, rights-of-way and similar interests.

(2) Extension, renewal, renegotiation, or termination of existing

lease agreements.

(3) Purchase of Postal Service occupied leased property where the

planned postal uses do not differ significantly from the past uses of

the site.

(4) Acquisition or disposal of existing facilities and real

property where the planned uses do not differ significantly from past

uses of the site.

(5) Acquisition of real property not connected to specific facility

plans or when necessary to protect the interests of the Postal Service

in advance of final project approval. This categorical exclusion only

applies to the acquisition. Any subsequent use of the site for a

facility project must be considered under this part.

(6) Disposal through sale or outlease of unimproved real property.

(7) Disposal through sale, outlease, transfer or exchange of real

property to other federal or state agencies.

(8) Acquisition and disposal through sale, lease, transfer or

exchange of real property that does not involve an increase in volumes,

concentrations, or discharge rates of wastes, air emissions, or water

effluents, and that under reasonably foreseeable uses, have generally

similar environmental impacts as compared to those before the

acquisition or disposal. A determination that the proposed action is

categorically excluded can be based upon previous ``reference actions''

documented under Sec. 775.5(b)(17).

(9) Acquisition and disposal through sale, lease, transfer,

reservation or exchange of real property for nature and habitat

preservation, conservation, a park or wildlife management.

(10) New construction, Postal Service owned or leased, or joint

development and joint use projects, of any facility unless the proposed

action is listed as requiring an EA in Sec. 775.5.

(11) Expansion or improvement of an existing facility where the

expansion is within the boundaries of the site or occurs in a

previously developed area unless the proposed action is listed as

requiring an EA in Sec. 775.5.

(12) Construction and disturbance pursuant to a nationwide permit

issued by the Corps of Engineers.

(13) Any activity in floodplains being regulated pursuant to

Sec. 776 and is not listed as requiring an EA in Sec. 775.5.

10. Section 775.4 is removed, and a new Sec. 775.4 is added to read

as follows:

Sec. 775.4 Definitions.

(a) The definitions set forth in 40 CFR part 1508 apply to this

part 775.

(b) In addition to the terms defined in 40 CFR part 1508, the

following definitions apply to this part:

Approving official means the person or group of persons, who

authorizes funding as established through the delegations of approval

authority issued by the finance organization. That person or group of

persons may not have proposed the action for which financial approval

is sought.

Environmental checklist means a Postal Service form that identifies

potential environmental impacts for proposed actions initiated by

postal managers.

Mitigated FONSI means a FONSI which requires the implementation of

specified mitigation measures in order to ensure that there are no

significant impacts to the environment.

[[Page 42964]]

Record of environmental consideration means the Postal Service form

that identifies the Postal Service's review of proposed activities

under NEPA.

Responsible official means the person, or designated

representative, who proposes an action and is responsible for

compliance with NEPA. For larger projects, that person may not have the

financial authority to approve such action. The responsible official

signs the NEPA documents (FONSI, ROD) and the REC.

11. In newly redesignated Sec. 775.10, paragraph (a)(4) is added to

read as follows:

Sec. 775.10 Environmental assessments.

(a) * * *

(4) A list of applicable environmental permits necessary to

complete the proposed action.

* * * * *

12. A new Sec. 775.7 is added.

Sec. 775.7 Planning and early coordination.

Early planning and coordination among postal functional groups is

required to properly consider environmental issues that may be

attributable to the proposed action. Operational and facility personnel

must cooperate in the early concept stages of a program or project. If

it determined that more than one postal organization will be involved

in any action, a lead organization will be selected to complete the

NEPA process before any NEPA documents are prepared. If it is

determined that a project has both real estate and non-real estate

actions, the facilities functional organization will take the lead.

13. Newly redesignated Sec. 775.11 is amended by revising the last

sentence of paragraph (a)(1) and by revising paragraphs (b)(2)(ii),

(c)(2), (c)(4), (c)(5) introductory text, (c)(5)(iv), and (d)(1) to

read as follows:

Sec. 775.11 Environmental impact statements.

(a) * * *

(1) * * * Notice is given in accordance with Sec. 775.13.

(b) * * *

(2) * * *

(ii) Contain discussions of impacts in proportion to their

significance. Insignificant impacts eliminated during the process under

Sec. 775.11(a) to determine the scope of issues must be discussed only

to the extent necessary to state why they will not be significant.

* * * * *

(c) * * *

(2) Summary. The section should compare and summarize the findings

of the analyses of the affected environment, the environmental impacts,

the environmental consequences, the alternatives, and the mitigation

measures. The summary should sharply define the issues and provide a

clear basis for choosing alternatives.

(3) * * *

(4) Proposed action. This section should clearly outline the need

for the EIS and the purpose and description of the proposed action. The

entire action should be discussed, including connected and similar

actions. A clear discussion of the action will assist in consideration

of the alternatives.

(5) Alternatives and mitigation. This portion of the environmental

impact statement is vitally important. Based on the analysis in the

Affected Environment and Environmental Consequences section (see

Sec. 775.11(c)(6)), the environmental impacts and the alternatives are

presented in comparative form, thus sharply defining the issues and

providing a clear basis for choosing alternatives. Those preparing the

statement must:

* * * * *

(iv) Describe appropriate mitigation measures not considered to be

an integral part of the proposed action or alternatives. See

Sec. 775.9(a)(7).

* * * * *

(d) * * *

(1) Any completed draft environmental impact statement which is

made the subject of a public hearing, must be made available to the

public as provided in Sec. 775.13, of this chapter at least 15 days in

advance of the hearing.

* * * * *

14. In newly redesignated Sec. 775.12, the heading is revised to

read as follows:

Sec. 775.12 Time frames for environmental impact statement actions.

* * * * *

15. In newly redesignated Sec. 775.13, paragraph (a)(4) is revised

to read as follows:

Sec. 775.13 Public notice and information.

(a)* * *

(4) A copy of every notice of intent to prepare an environmental

impact statement must be furnished to the Chief Counsel, Legislative,

Law Department, who will have it published in the Federal Register.

* * * * *

16. In newly redesignated Sec. 775.14, paragraph (b) is revised to

read as follows:

Sec. 775.14 Hearings.

* * * * *

(b) The distribution and notice requirements of Sec. 775.11(d)(1)

and 775.13 must be complied with whenever a hearing is to be held.

17. A heading for Subchapter L is added to read as follows:

Subchapter L--Special Regulations

18. Parts 777 and 778 are redesignated from Subchapter K to

Subchapter L.

PARTS 777 AND 778--[REDESIGNATED TO SUBCHAPTER L]

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 97-20737 Filed 8-8-97; 8:45 am]

BILLING CODE 7710-12-P