Coast Guard Environmental Justice Strategy

DEPARTMENT OF TRANSPORTATION

Coast Guard

[USCG-1990-3682]

Coast Guard Environmental Justice Strategy

AGENCY: Coast Guard, DOT.

ACTION: Notice of Environmental Justice Strategy; request for comment.

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SUMMARY: The Coast Guard announces the promulgation of its

Environmental Justice (EJ) Strategy. The Strategy provides guidance to

all Coast Guard commands on eliminating or mitigating any

disproportionately high, adverse human health or environmental effects

of its policies, programs, or activities on minority populations and

low-income populations. The Coast Guard is asking for comments on the

EJ Strategy.

DATES: Comments must be received on or before June 2, 1998.

ADDRESSES: You may mail comments to the Docket Management Facility,

[USCG-1998-3682], U.S. Department of Transportation (DOT), room PL-401,

400 Seventh Street S.W., Washington, DC 20590-0001, or deliver them to

room PL-401, located on the Plaza Level of the Nassif Building at the

same address between 10 a.m. and 5 p.m., Monday through Friday, except

Federal holidays. The telephone number is 202-366-9329.

The Docket Management Facility maintains the public docket for this

notice. Comments will become part of this docket and will be available

for inspection or copying at room PL-401, located on the Plaza Level of

the Nassif Building at the above address between 10 a.m. and 5 p.m.,

Monday through Friday, except Federal holidays. You may electronically

access the public docket for this notice on the Internet at http://

dms.dot.gov.

FOR FURTHER INFORMATION CONTACT:

For information on the public docket, contact Carol Kelley, Coast Guard

Dockets Team Leader, or Paulette Twine, Chief, Documentary Services

Division, U.S. Department of Transportation, telephone 202-366-9329.

For information concerning the notice of EJ Strategy, contact Mr. Harry

Takai, Project Manager, U.S. Coast Guard Headquarters, Civil Rights

Directorate (G-H), telephone 202-267-6024.

SUPPLEMENTARY INFORMATION:

Request For Comments

Any interested person may submit written views, comments, data, or

arguments concerning the Coast Guard's Environmental Justice (EJ)

Strategy. Persons submitting comments should include their names and

addresses, identify this Notice [USCG-1998-3682] and give reasons for

each comment. The U.S. Coast Guard requests all comments and

attachments be submitted in an unbound format no larger than 8\1/2\ by

11 inches, suitable for copying and electronic filing. Persons desiring

acknowledgment that their comments have been received should enclose a

stamped, self-addressed post card or envelope. The Coast Guard will

consider all comments received during the comment period and may modify

its EJ Strategy in response to those comments.

Background

On December 19, 1997, the Coast Guard promulgated its Environmental

Justice (EJ) Strategy in accordance with Executive Order (E.O.) 12898,

``Federal Actions to Address Environmental Justice in Minority

Populations and Low-Income Populations,'' and Department of

Transportation (DOT) Order 5680.2, ``Environmental Justice in Minority

Populations and Low-Income Populations.''

The Coast Guard EJ Strategy sets forth the Coast Guard's approach

to implementing the E.O. and the DOT Order in all relevant programs and

activities funded, sponsored, supported, or undertaken by the Coast

Guard. It emphasizes the Coast Guard's commitment to certain principles

of environmental justice embodied in the Secretary of Transportation's

Strategic Plan. The Coast Guard's EJ Strategy provides guidance to all

Coast Guard commands on eliminating or mitigating any

disproportionately high, adverse human health or environmental effects

of its policies, programs, or activities on minority populations and

low-income populations. Also, it describes how compliance with the E.O.

and the DOT Order, directing development of an EJ strategy, will be

achieved using the existing planning processes established by the

National Environmental Policy Act of 1969 and existing civil rights

statues. The Coast Guard EJ Strategy may be adjusted periodically in

response to insights acquired while implementing its various

provisions.

[[Page 16610]]

Environmental Justice Strategy

The following is the Coast Guard's EJ Strategy in its entirety:

U.S. Coast Guard Environmental Justice Strategy \1\

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\1\ For definitions of environmental justice terms used in the

USCG Environmental Justice Strategy, please see the strategy

appendix.

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Background

This strategy is issued in response to Executive Order 12898

(E.O.), ``Federal Actions to Address Environmental Justice in Minority

Populations and Low-Income Populations,'' signed by President Clinton

on February 11, 1994, and the Department of Transportation (DOT) Order

5680.2, ``Environmental Justice in Minority Populations and Low-Income

Populations,'' signed by the Assistant Secretary for Transportation

Policy. This strategy sets forth the U.S. Coast Guard's (USCG's)

approach to implementing the E.O. and the DOT Order in all relevant

programs and activities funded, sponsored, supported and undertaken by

the USCG.

The E.O. and the DOT Order require the USCG to develop a specific

USCG-wide strategy for implementing their provisions. The focus of both

the E.O. and the DOT Order is to identify and address, as appropriate,

disproportionately high and adverse human health or environmental

effects of Federal agency programs, policies, and activities on

minority populations and low-income populations.

This strategy sets forth the USCG's commitment to certain

principles of environmental justice (EJ) embodied in the DOT

Secretary's Strategic Plan and identifies actions the USCG intends to

take to implement the E.O. and the DOT Order. This strategy may be

adjusted periodically in response to insights acquired while

implementing its various provisions. The USCG welcomes public comments

on its strategy and implementing actions.

The USCG is committed to embracing the objectives of the E.O. and

the DOT Order by promoting enforcement of all applicable planning and

environmental laws and regulations, and by promoting nondiscrimination

in its programs, policies and activities that affect human health and

the environment, consistent with the E.O., Title VI of the Civil Rights

Act of 1964, and the DOT Order. The USCG is also committed to bringing

government decision making closer to the communities and people

affected by these decisions and ensuring opportunities for greater

public participation in decisions relating to human health and the

environment.

The Commandant is committed to aligning the USCG's daily efforts to

DOT's Strategic Plan. Many of the objectives of the E.O. and the DOT

Order are embodied in the missions, goals, and objectives of the

Secretary of Transportation's Strategic Plan and are briefly summarized

as follows:

Improve the environment and public health and safety in the

transportation of people and goods, and the development and maintenance

of transportation systems and services.

Harmonize transportation policies and investments with

environmental concerns, reflecting an appropriate consideration of

economic and social interests.

Consider the interests, issues, and contributions of affected

communities, disclose appropriate information, and give communities an

opportunity to be involved in decision making.

The USCG will implement the E.O. and the DOT Order by integrating

EJ principles into existing USCG programs, policies, activities,

regulations, and guidance. In addition, the USCG will implement the

objectives of the E.O. in USCG planning and decision making processes

using the principles and procedures established under the National

Environmental Policy Act of 1969 (NEPA), and Title VI of the Civil

Rights Act of 1964.

Development of the USCG EJ Strategy

The USCG formed a working group with members from all major USCG

programs to develop its EJ strategy. The Assistant Commandant for Civil

Rights provided an information briefing to the Environmental

Coordinating Council (ECC) in March 1997, and the ECC reached consensus

on the management implementation plan described in this strategy. The

USCG is publishing its strategy in the Federal Register with a request

for comment. In addition, the USCG is mailing copies to constituent

groups and representatives of the environmental justice community.

Based on comments received, the USCG will, as appropriate, modify its

EJ strategy. The USCG's EJ strategy consists of 4 elements, public

outreach, internal training, issuance of a Commandant Instruction, and

a Management Implementation Plan.

Public Outreach

The E.O. requires Federal agencies to ensure greater public

participation in the implementation of their EJ strategies. The USCG

will seek to accomplish greater public participation in regard to all

USCG programs, policies, and activities that have, or potentially have,

disproportionately high and adverse human health or environmental

effects on minority populations and low-income populations. The purpose

of this public outreach is to enable the USCG to achieve its missions

while, at the same time, enhancing the USCG's ability to meet its EJ

responsibilities. Specifically, the USCG will, as appropriate:

Contact state, local and tribal officials;

Contact civic and community organizations and associations,

Conduct public hearings and town meetings in locations accessible

to the populations concerned and in a manner designed to enhance their

participation,

Coordinate media coverage of these outreach efforts,

Publicize efforts through the Federal Register and,

Provide USCG public communications in the languages of the minority

populations and low income populations that have the potential to

experience disproportionately high and adverse human health or

environmental effects.

Internal Training

The USCG will develop EJ training which will provide key personnel

with the knowledge and skills necessary to carry out the USCG's

responsibilities under the E.O.

USCG Instruction on EJ

A key component of the USCG EJ Strategy is the completion of a USCG

Commandant Instruction (Instruction) providing USCG program offices

with the guidance on implementing the E.O. and the DOT Order. The

Instruction will apply to USCG regulations, policies, guidance,

programs, and permitting activities which may have EJ implications,

including those programs, projects, and activities that receive Federal

financial assistance, in any form, from the USCG.

The Instruction will ensure that all program offices of the USCG

will apply the principles of the E.O. and the DOT Order to appropriate

aspects of their plans, activities, and policies. Generally, the

Instruction will state the USCG process for identifying

disproportionately high and adverse human health or environmental

effects of its programs, policies, and activities on minority

populations and low-income populations. The Instruction will state the

USCG process for, and its commitment to, promoting enforcement of all

health and environmental statutes in areas with minority populations

and low income populations; ensuring greater public participation;

improving research and data collection relating to the health and

environment of minority

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populations and low-income populations; and identifying differential

patterns of consumption of natural resources among minority populations

and low-income populations affected by the USCG's programs, policies,

and activities.

The USCG Instruction will also include:

A policy commitment to the principles of the E.O.,

A list of USCG program responsibilities under the E.O. and the DOT

Order,

A commitment to review all USCG programs, policies and activities

for possible disproportionately high and adverse health and

environmental effects,

A system to be used to review USCG programs, policies, and

activities,

Guidance on how to determine if USCG or USCG funded activities,

programs and projects have, or will have, disproportionately high

adverse effects on minority populations and low income populations,

A commitment to work with other Federal, State, and local agencies,

as appropriate, with expertise on collection of population census data

or expertise on identifying differential patterns of consumption of

natural resources (e.g., the Department of Justice or Department of

Interior) to establish data for USCG use in compliance with the E.O.,

and

A commitment to improving public participation.

The Instruction will also include guidance on eliminating or

mitigating any disproportionately high and adverse human health or

environmental effects of its policies, programs or activities on

minority populations and low-income populations. Finally, the

Instruction will provide guidance on how to achieve compliance with the

E.O. and the DOT Order through use of the existing planning processes

established by NEPA existing civil rights statutes.

USCG Management Implementation Plan

The USCG EJ Strategy will implement E.O. 12898 using a six-phase

management plan as follows:

Phase I: Determine the scope of the USCG's EJ initiatives. Scope

will be determined by identifying those USCG programs, policies,

activities and operations that have, or have the potential to have,

disproportionately high and adverse human health or environmental

effects upon minority populations and low-income populations and by

identifying the number of USCG properties located in or near minority

populations and low-income populations.

Phase II: Development an EJ monitoring plan that will include a

review of all USCG programs policies, activities, and operations.

Phase III: Establish an effective means to enhance public

participation in order to ensure public access to information and

public involvement in the planning and decision-making processes.

Phase IV: Develop EJ training for appropriate USCG personnel that

will provide instructional guidance on their roles and responsibilities

as stakeholders in USCG EJ compliance.

Phase V: Implement the USCG's EJ initiatives by finalizing, and

issuing, the Instruction.

Phase VI: Address any identified disproportionately high and

adverse human health or environmental effects of USCG programs,

policies, and activities upon minority populations and low-income

populations and, as appropriate and to the extent practical, eliminate

or mitigate such effects.

Appendix: Definitions of Terms Used in the USCG Environmental

Justice Strategy \2\

1. Definitions. The following terms where used in the USCG

Environmental Justice Strategy shall have the following meanings:

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\2\ These definitions are intended to be consistent with the

draft definitions for E.O. 12898 that have been issued by the

Council on Environmental Quality (CEQ) and the Environmental

Protection Agency (EPA). To the extent that these definitions vary

from the CEQ and EPA draft definitions, they reflect further

refinements deemed necessary to tailor the definitions to fit within

the context of the Coast Guard Environmental Justice Strategy.

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a. Environmental justice community means a representative number of

environmental justice organizations that are listed in the

Environmental Justice Organizations in the Twenty Largest Metropolitan

Regions Across the U.S. and the People of Color Environmental Group

Directory published by Clark Atlanta University Environmental Justice

Resource Center.

b. Low-Income means a person whose median household income is at or

below the Department of Health and Human Services poverty guidelines.

c. Minority means a person who is:

(1) Black (a person having origins in any of the black racial

groups of Africa);

(2) Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or

South American, or other Spanish culture or origin, regardless of

race);

(3) Asian American (a person having origins in any of the original

people of the Far East, Southwest Asia, the Indian subcontinent, or the

Pacific Islands); or

(4) American Indians and Alaskan Native (a person having origins in

any of the original people of North America and who maintains cultural

identification through tribal affiliation or community recognition).

d. Low-income population means any readily identifiable group of

low-income persons who live in geographic proximity and, if

circumstances warrant, geographically dispersed/transient persons (such

as migrant workers or Native Americans) who will be similarly affected

by a proposed USCG program, policy, or activity.

e. Minority population means any readily identifiable groups of

minority persons who live in geographic proximity and, if circumstances

warrant, geographically dispersed/transient persons (such as migrant

workers or Native Americans) who will be similarly affected by a

proposed USCG program, policy, or activity.

f. Adverse effect means the totality of significant individual or

cumulative human health or environmental effects, including

interrelated social and economic effects, which may include, but are

not limited to: bodily impairment, infirmity, illness or death; air,

noise, and water pollution and soil contamination; destruction or

disruption of man-made or natural resources; destruction or diminution

of aesthetic values; destruction or disruption of community cohesion or

a community's economic vitality; destruction or disruption of the

availability of public and private facilities and services; vibration;

adverse employment effects; displacement of persons, businesses, firms,

or nonprofit organizations; increased traffic congestion, isolation,

exclusion, or separation of minority or low-income individuals within a

given community or from the broader community; and the denial of,

reduction in, or significant delay in the receipt of, benefit of USCG

programs, policies, or activities.

g. Disproportionately high and adverse effect on minority and low-

income population means an adverse effect that:

(1) is predominantly borne by a minority population and/or low-

income population, or

(2) will be suffered by the minority population and/or low-income

population and is appreciably more severe or greater in magnitude than

the adverse effect that will be suffered by the non-minority population

and/or non-low-income population.

h. Programs, policies, and/or activities means all projects,

programs, policies, and activities that affect human health or the

environment, and which are

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funded, undertaken or approved by the USCG. These include, but are not

limited to, permits, licenses, and financial assistance provided by the

USCG. Interrelated projects within a system may be considered to be a

single project, program, policy, or activity for purposes of the Coast

Guard Environmental Justice Strategy.

i. USCG means United States Coast Guard.

Dated: March 30, 1998.

W.R. Somerville

Assistant Commandant for Civil Rights

[FR Doc. 98-8798 Filed 4-2-98; 8:45 am]

BILLING CODE 4910-15-M