National Environmental Policy Act Implementing Procedures (7 CFR 372.1-372.10)

574 7 CFR Ch. III (1–1–18 Edition) § 371.14 (m) Authority to determine the cir cumstances under which commuted traveltime allowances may be paid to employees performing inspections and necessary auxiliary services after nor mal working hours or on holidays, when these services come within the scope of the Act of August 28, 1950 (7 U.S.C. 2260). § 371.14 Availability of information and records. Any person desiring information or to comment on the programs and func tions of the agency should address cor respondence to the appropriate Deputy Administrator or Director, APHIS, U.S. Department of Agriculture, Wash ington, DC 20250. The availability of in formation and records of the agency is governed by the rules and regulations in part 370 of this chapter. PART 372—NATIONAL ENVIRON MENTAL POLICY ACT IMPLE MENTING PROCEDURES Sec. 372.1 Purpose. 372.2 Designation of responsible APHIS offi cial. 372.3 Information and assistance. 372.4 Definitions. 372.5 Classification of actions. 372.6 Early planning for applicants and non APHIS entities. 372.7 Consultation. 372.8 Major planning and decision points and public involvement. 372.9 Processing and use of environmental documents. 372.10 Supplementing environmental impact statements. AUTHORITY: 42 U.S.C. 4321 et seq.; 40 CFR 1500–1508; 7 CFR 1b, 2.22, 2.80, and 371.9. SOURCE: 60 FR 6002, Feb. 1, 1995, unless oth erwise noted. § 372.1 Purpose. These procedures implement section 102(2) of the National Environmental Policy Act by assuring early and ade quate consideration of environmental factors in Animal and Plant Health In spection Service planning and decision making and by promoting the effec tive, efficient integration of all rel evant environmental requirements under the National Environmental Pol icy Act. The goal of timely, relevant environmental analysis will be secured principally by adhering to the National Environmental Policy Act imple menting regulations (40 CFR parts 1500–1508), especially provisions per taining to timing (§ 1502.5), integration (§ 1502.25), and scope of analysis (§ 1508.25). § 372.2 Designation of responsible APHIS official. The Administrator of APHIS, or an agency official to whom the Adminis trator may formally delegate the task, is responsible for overall review of APHIS’ NEPA compliance. § 372.3 Information and assistance. Information, including the status of studies, and the availability of ref erence materials, as well as the infor mal interpretations of APHIS’ NEPA procedures and other forms of assist ance, will be made available upon re quest to Environmental Analysis and Documentation, Biotechnology, Bio logics, and Environmental Protection, APHIS, USDA, P.O. Drawer 810, River dale MD 20738, (301) 436–8565 (Hyatts ville) or (301) 734–8565 (Riverdale). § 372.4 Definitions. The terminology set forth in the Council on Environmental Quality’s (CEQ) implementing regulations at 40 CFR part 1508 is incorporated herein. In addition, the following terms, as used in these procedures, are defined as follows: APHIS. The Animal and Plant Health Inspection Service (APHIS). Decisionmaker. The agency official re sponsible for executing findings of no significant impact in the environ mental assessment process and the record of decision in the environmental impact statement process. Department. The United States De partment of Agriculture (USDA). Environmental unit. Environmental Analysis and Documentation, the ana lytical unit in Biotechnology, Bio logics, and Environmental Protection responsible for coordinating APHIS’ compliance with the National Environ mental Policy Act and other environ mental laws and regulations. VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00584 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 575 Animal and Plant Health Inspection Service, USDA § 372.5 § 372.5 Classification of actions. (a) Actions normally requiring environ mental impact statements. This class of policymakings and rulemakings seeks to establish programmatic approaches to animal and plant health issues. Ac tions in this class typically involve the agency, an entire program, or a sub stantial program component and are characterized by their broad scope (often global or nationwide) and poten tial effect (impacting a wide range of environmental quality values or indi cators, whether or not affected individ uals or systems may be completely identified at the time). Ordinarily, new or untried methodologies, strategies, or techniques to deal with pervasive threats to animal and plant health are the subjects of this class of actions. Al ternative means of dealing with those threats usually have not been well de veloped. Actions in this class include: (1) Formulation of contingent re sponse strategies to combat future widespread outbreaks of animal and plant diseases; and (2) Adoption of strategic or other long-range plans that purport to adopt for future program application a pre ferred course of action. (b) Actions normally requiring environ mental assessments but not necessarily en vironmental impact statements. This class of APHIS actions may involve the agency as a whole or an entire pro gram, but generally is related to a more discrete program component and is characterized by its limited scope (particular sites, species, or activities) and potential effect (impacting rel atively few environmental values or systems). Individuals and systems that may be affected can be identified. Methodologies, strategies, and tech niques employed to deal with the issues at hand are seldom new or untested. Alternative means of dealing with those issues are well established. Miti gation measures are generally avail able and have been successfully em ployed. Actions in this class include: (1) Policymakings and rulemakings that seek to remedy specific animal and plant health risks or that may af fect opportunities on the part of the public to influence agency environ mental planning and decisionmaking. Examples of this category of actions include: (i) Development of program plans that seek to adopt strategies, methods, and techniques as the means of dealing with particular animal and plant health risks that may arise in the fu ture; (ii) Implementation of program plans at the site-specific, action level, except for actions that are categorically ex cluded, as provided in paragraph (c) of this section. (2) Planning, design, construction, or acquisition of new facilities, or pro posals for modifications to existing fa cilities. (3) Disposition of waste and other hazardous or toxic materials at labora tories and other APHIS facilities, ex cept for actions that are categorically excluded, as provided in paragraph (c) of this section. (4) Approvals and issuance of permits for proposals involving genetically en gineered or nonindigenous species, ex cept for actions that are categorically excluded, as provided in paragraph (c) of this section. (5) Research or testing that: (i) Will be conducted outside of a lab oratory or other containment area (field trials, for example); or (ii) Reaches a stage of development (e.g., formulation of premarketing strategies) that forecasts an irretriev able commitment to the resulting products or technology. (c) Categorically excluded actions. This class of APHIS actions shares many of the same characteristics—particularly in terms of the extent of program in volvement, as well as the scope, effect of, and the availability of alternatives to proposed actions—as the class of ac tions that normally requires environ mental assessments but not necessarily environmental impact statements. The major difference is that the means through which adverse environmental impacts may be avoided or minimized have actually been built right into the actions themselves. The efficacy of this approach generally has been estab lished through testing and/or moni toring. The Department of Agriculture has also promulgated a listing of cat egorical exclusions that are applicable to all agencies within the department VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00585 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 576 7 CFR Ch. III (1–1–18 Edition) § 372.5 unless their procedures provide other wise. Those categorical exclusions, codified at 7 CFR 1b.3(a), are entirely appropriate for APHIS. Other actions in this class include: (1) Routine measures. (i) Routine measures, such as identifications, in spections, surveys, sampling that does not cause physical alteration of the en vironment, testing, seizures, quar antines, removals, sanitizing, inocula tions, control, and monitoring em ployed by agency programs to pursue their missions and functions. Such measures may include the use—accord ing to any label instructions or other lawful requirements and consistent with standard, published program prac tices and precautions—of chemicals, pesticides, or other potentially haz ardous or harmful substances, mate rials, and target-specific devices or remedies, provided that such use meets all of the following criteria (insofar as they may pertain to a particular ac tion): (A) The use is localized or contained in areas where humans are not likely to be exposed, and is limited in terms of quantity, i.e., individualized dosages and remedies; (B) The use will not cause contami nants to enter water bodies, including wetlands; (C) The use does not adversely affect any federally protected species or crit ical habitat; and (D) The use does not cause bio accumulation. (ii) Examples of routine measures in clude: (A) Inoculation or treatment of dis crete herds of livestock or wildlife un dertaken in contained areas (such as a barn or corral, a zoo, an exhibition, or an aviary); (B) Pesticide treatments applied to infested plants at a nursery; and (C) Isolated (for example, along a highway) weed control efforts. (2) Research and development activities. (i) Activities that are carried out in laboratories, facilities, or other areas designed to eliminate the potential for harmful environmental effects—inter nal or external—and to provide for law ful waste disposal. (ii) Examples of this category of ac tions include: (A) The development and/or produc tion (including formulation, repack aging, movement, and distribution) of previously approved and/or licensed program materials, devices, reagents, and biologics; (B) Research, testing, and develop ment of animal repellents; and (C) Development and production of sterile insects. (3) Licensing and permitting. (i) Issuance of a license, permit, or au thorization to ship for field testing pre viously unlicensed veterinary biologi cal products; (ii) Permitting, or acknowledgment of notifications for, confined field re leases of genetically engineered orga nisms and products; and (iii) Permitting of: (A) Importation of nonindigenous species into containment facilities, (B) Interstate movement of non indigenous species between contain ment facilities, or (C) Releases into a State’s environ ment of pure cultures of organisms that are either native or are estab lished introductions. (4) Rehabilitation of facilities. Reha bilitation of existing laboratories and other APHIS facilities, functional re placement of parts and equipment, and minor additions to such existing APHIS facilities. (d) Exceptions for categorically ex cluded actions. Whenever the decision maker determines that a categorically excluded action may have the potential to affect ‘‘significantly’’ the quality of the ‘‘human environment,’’ as those terms are defined at 40 CFR 1508.27 and 1508.14, respectively, an environmental assessment or an environmental im pact statement will be prepared. For example: (1) When any routine measure, the in cremental impact of which, when added to other past, present, and reasonably foreseeable future actions (regardless of what agency or person undertakes such actions), has the potential for sig nificant environmental impact; (2) When a previously licensed or ap proved biologic has been subsequently shown to be unsafe, or will be used at substantially higher dosage levels or for substantially different applications or circumstances than in the use for VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00586 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 577 Animal and Plant Health Inspection Service, USDA § 372.8 which the product was previously ap proved; (3) When a previously unlicensed vet erinary biological product to be shipped for field testing contains live microorganisms or will not be used ex clusively for in vitro diagnostic testing; or (4) When a confined field release of genetically engineered organisms or products involves new species or orga nisms or novel modifications that raise new issues. [60 FR 6002, Feb. 1, 1995; 60 FR 13212, Mar. 10, 1995] § 372.6 Early planning for applicants and non-APHIS entities. Each prospective applicant who an ticipates the need for approval of pro posed activities classified as normally requiring environmental documenta tion is encouraged to contact, at the earliest opportunity, APHIS’ program staff. [60 FR 6002, Feb. 1, 1995; 60 FR 13212, Mar. 10, 1995] § 372.7 Consultation. Prospective applicants are encour aged to contact APHIS program offi cials to determine what types of envi ronmental analyses or documentation, if any, need to be prepared. NEPA doc uments will incorporate, to the fullest extent possible, surveys and studies re quired by other environmental stat utes, such as the Endangered Species Act. [60 FR 6002, Feb. 1, 1995; 60 FR 13212, Mar. 10, 1995] § 372.8 Major planning and decision points and public involvement. (a) Major planning and decisions points. The NEPA process will be fully coordinated with APHIS planning in cooperation with program personnel. Specific decision points or milestones will be identified and communicated to the public and others in a notice of in tent and in the context of the public scoping process. (b) Public involvement. There will be an early and open process for deter mining the scope of issues to be ad dressed in the environmental impact statement process. (1) A notice of intent to prepare an environmental impact statement will be published in the FEDERAL REGISTER as soon as it is determined that a pro posed major Federal action has the po tential to affect significantly the qual ity of the human environment. The no tice may include a preliminary scope of environmental study. All public and other involvement in APHIS’ environ mental impact statement process, in cluding the scoping process, com menting on draft documents, and par ticipation in the preparation of any supplemental documents, will be pursu ant to CEQ’s implementing regula tions. (2) Opportunities for public involve ment in the environmental assessment process will be announced in the same fashion as the availability of environ mental assessments and findings of no significant impact. (3) Notification of the availability of environmental assessments and find ings of no significant impact for pro posed activities will be published in the FEDERAL REGISTER, unless it is deter mined that the effects of the action are primarily of regional or local concern. Where the effects of the action are pri marily of regional or local concern, no tice will normally be provided through publication in a local or area news paper of general circulation and/or the procedures implementing Executive Order 12372, ‘‘Intergovernmental Re view of Federal Programs.’’ (4) All environmental documents, comments received, and any under lying documents, including inter agency correspondence where such cor respondence transmits comments of Federal agencies on the environmental impact of proposals for which docu ments were prepared (except for privi leged or confidential information (50 FR 38561)), will be made available to the public upon request. Materials to be made available will be provided without charge, to the extent prac ticable, or at a fee not more than the actual cost of reproducing copies re quired to be sent to other Federal agencies, including CEQ. VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00587 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R 578 7 CFR Ch. III (1–1–18 Edition) § 372.9 § 372.9 Processing and use of environ mental documents. (a) Environmental assessments will be forwarded immediately upon com pletion to the decisionmaker for a de termination of whether the proposed action may have significant effects on the quality of the human environment, and for the execution, as appropriate, of a finding of no significant impact or a notice of intent to prepare an envi ronmental impact statement. (1) The availability of environmental assessments will be announced by pub lishing a notice consistent with the no tification provisions of § 372.8. (2) Comments, if any, will be trans mitted, together with any analyses and recommendations, to the APHIS deci sionmaker who may then take appro priate action. (3) Changes to environmental assess ments and findings of no significant impact that are prompted by com ments, new information, or any other source, will normally be announced in the same manner as the notice of avail ability (except that all commenters will be mailed copies of changes di rectly) prior to implementing the pro posed action or any alternative. (b) Environmental impact statements will be processed from inception (publi cation of the notice of intent) to com pletion (publication of a final environ mental impact statement or a supple ment) according to the Council on En vironmental Quality implementing regulations. (c) For rulemaking or adjudicatory proceedings, relevant environmental documents, comments, and responses will be a part of the administrative record. (d) For all APHIS activity that is subject to the NEPA process, relevant environmental documents, comments, and responses will accompany pro posals through the review process. (e) The APHIS decisionmaker will consider the alternatives discussed in environmental documents in reaching a determination on the merits of pro posed actions. (f) APHIS will implement mitigation and other conditions established in en vironmental documentation and com mitted to as part of the decision making process. § 372.10 Supplementing environmental impact statements. Once a decision to supplement an en vironmental impact statement is made, a notice of intent will be pub lished. The administrative record will thereafter be open. The supplemental document will then be processed in the same fashion (exclusive of scoping) as a draft and a final statement (unless al ternative procedures are approved by CEQ) and will become part of the ad ministrative record. PART 380—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER CERTAIN ACTS Subpart A—General Sec. 380.1 Scope and applicability of rules of practice. Subpart B—Supplemental Rules of Practice 380.10 Stipulations. AUTHORITY: 7 U.S.C. 7701–7772 and 7781–7786; 16 U.S.C. 1540(a), 3373(a) and (b); 7 CFR 2.22, 2.80, and 371.3. Subpart A—General § 380.1 Scope and applicability of rules of practice. (a) The Uniform Rules of Practice for the Department of Agriculture promul gated in subpart H of part 1, subtitle A, title 7 CFR are the Rules of Practice applicable to adjudicatory administra tive proceedings under the following statutory provisions: (1) The Plant Protection Act, section 424 (7 U.S.C. 7734), (2) Endangered Species Act Amend ments of 1973, as amended, section 11(a), 16 U.S.C. 1540(a), and (3) Lacey Act Amendments of 1981, as amended, section 4(a) and (b), (16 U.S.C. 3373 (a) and (b)). (b) In addition, the Supplemental Rules of Practice set forth in subpart B of this part are applicable to such pro ceedings. [66 FR 21061, Apr. 27, 2001] VerDate Sep<11>2014 09:24 Feb 15, 2018 Jkt 244016 PO 00000 Frm 00588 Fmt 8010 Sfmt 8010 Y:\SGML\244016.XXX 244016ns h a tt u ck o n D S K 9 F 9 S C 4 2 P R O D w ith C F R