Procedures Implementing the National Environmental Policy Act

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 980817219-8219-01. I.D. 073099A]

RIN 0648-AL58

Procedures Implementing the National Environmental Policy Act

AGENCY: National Oceanic and Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of Availability; final revised environmental review

procedures for NOAA.

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SUMMARY: This document announces the availability of final revised

environmental review procedures for implementing the National

Environmental Policy Act (NEPA) within the National Oceanic and

Atmospheric Administration. The revisions update the agency's original

procedures published in 1984, based on changing Agency direction, laws,

and public concerns. The revisions reflect new initiatives and mandates

for NOAA, particularly involving the Magnuson-Stevens Fishery

Conservation and Management Act (Magnuson-Stevens Act), Endangered

Species Act, and Marine Mammal Protection Act. The revisions provide

information on preparing NEPA documents and streamlining of NEPA and

other analyses or documents within NOAA.

DATES: September 3, 1999.

FOR FURTHER INFORMATION CONTACT: Ramona Schreiber or Steve Kokkinakis,

Office of Policy and Strategic Planning, 202-482-5181. A copy of the

final revised NOAA Administrative Order (NAO) 216-6 is available from

the contacts listed here or via the Internet at: http://

www.rdc.noaa.gov/nao/216-6.html.

SUPPLEMENTARY INFORMATION: NOAA's existing environmental review

procedures for implementing NEPA appear in NAO 216-6. These procedures

are consistent with the Council on Environmental Quality's (CEQ)

regulations for implementing NEPA. NOAA's procedures were last revised

in 1991. Consistent with CEQ regulation (40 CFR 1507.3(a)), NOAA

published a Notice of Availability in the Federal Register on October

28, 1998 (FR 57664). That document announced the availability of draft

revisions to NAO 216-6. Three sets of public comments were received and

considered in the preparation of the final revised NAO 216-6. No

modifications to the draft guidelines were necessary as a result of the

comments received. NOAA has also consulted with CEQ prior to finalizing

the revised NAO 216-6.

Comments and Responses

Comment 1: Two comments recommended that NOAA make its procedures

regarding Endangered Species Act (ESA)-related categorical exclusions

consistent with those of the U.S. Fish and Wildlife Service (USFWS).

Specifically, USFWS authorizes categorical exclusions for conservation

agreements that require an incidental take statement; the commenter

suggests that NOAA do the same. In addition, one comment suggested that

NOAA align its overall ESA-related guidelines to match USFWS guidance.

Response: NOAA recognizes that its guidance regarding conservation

agreements differs slightly from that of the USFWS. NOAA's procedures

describe cases where an incidental take statement for a conservation

agreement may receive a categorical exclusion, when the statement is

considered to be a ``low-effect''. In those cases a categorical

exclusion may be appropriate. Requirement of an environmental

assessment for those conservation agreements that receive an incidental

take statement for a greater effect is consistent with NOAA's ESA

implementation guidelines. A modification of NOAA's procedures was not

considered appropriate. NOAA coordinates with USFWS on many actions,

however each agency has its independent policies. Thus, NOAA and USFWS

may provide differing guidance

[[Page 42341]]

on certain actions in line with each agency's policy position.

Comment 2: A comment recommended that to facilitate public

involvement, a mechanism should be provided to extend the 45-day public

comment period when appropriate.

Response: NOAA recognizes that in some cases comment periods for

review of draft environmental impact statements (EIS) should be

extended beyond the minimum required 45-day period. NOAA's procedures

recommend that this action be taken when appropriate. A mechanism to

extend a comment period exists through notice of extensions via a

publication of a notice of availability in the Federal Register.

Comment 3: A comment suggested that NOAA's procedures require

consideration of impacts on state Coastal Zone Management Plans,

species listed under the Endangered Species Act, and essential fish

habitat as defined by the Magnuson-Stevens Act be a required part of an

EIS.

Response: NOAA agrees that these areas should be considered in the

development of an EIS. In fact, NOAA's procedures identify these and

other factors as areas that should be considered in scoping. Where

scoping identifies these areas as relevant to the specific action,

these factors should be addressed within the EIS.

Comment 4: A comment stated that there is not adequate emphasis for

the need to produce NEPA documents concurrently with other review

documents.

Response: NOAA's procedures provide recommendations to integrate

NEPA into NOAA's decisionmaking process. In addition, the procedures

recommend measures to cooperate with other federal, state and tribal

partners to reduce duplication in document preparation.

Comment 5: A comment suggested that the examples cited for the

application of generic NEPA documents are inappropriate.

Response: The examples identified in the procedures are

representative of actions by other Federal agencies that have completed

generic NEPA documents or of actions that NOAA believes, in certain

instances, could be best addressed in a generic EIS. Where a specific

action was under review, a generic EIS would not be appropriate and

NOAA would complete an EIS specific to that action with adequate review

of all potential impacts.

The revisions are administrative and procedural improvements

intended to enhance NOAA's ability to comply with a variety of

legislative mandates and Executive Orders without unnecessarily

delaying and duplicating steps in the decision-making process while

ensuring public involvement in decisionmaking. These improvements will

result in a better understanding of agency roles and responsibilities

relative to NEPA.

Notable changes in this version of NAO-216-6 from the 1991

procedures include: reorganization of the document such that users can

review the general requirements for preparing NEPA documents, as well

as specific guidance on NEPA requirements for particular programs and

activities within NOAA; incorporation of new policies and procedures to

streamline and improve NOAA's NEPA compliance; specific guidance for

NOAA's NEPA responsibilities under the Magnuson-Stevens Act, Endangered

Species Act, Marine Mammal Protection Act, and Oil Pollution Act; and

incorporation of NOAA's requirements under E.O. 12898 for Environmental

Justice in Minority Populations and Low-Income Populations, E.O. 13112

for Invasive Species, and E.O. 13089 for Coral Reef Protection; and

guidance on NOAA facilities and construction projects.

This document is available by request through the contact

identified previously as well as via the Internet at: http://

www.rdc.noaa.gov/nao/216-6.html.

Classification

This action has been determined to be not significant for purposes

of Executive Order 12866.

The Assistant General Counsel for Legislation and Regulation

certified to the Chief Counsel for Advocacy, Small Business

Administration, that this rule will not have a significant economic

impact on a substantial number of small entities because it is a

procedural rule, and it will have no economic impact on entities.

Therefore, a Regulatory Flexibility Analysis is not required and was

not prepared.

Dated: July 27, 1999.

Susan Fruchter,

Director, Office of Policy and Strategic Planning, National Oceanic and

Atmospheric Administration.

[FR Doc. 99-20032 Filed 8-3-99; 8:45 am]

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