[Federal Register Volume 61, Number 24 (Monday, February 5, 1996)]
[Rules and Regulations]
[Pages 4227-4232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2087]



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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 10

RIN 3067-AC41


Environmental Considerations/Categorical Exclusions

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Final rule.

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SUMMARY: This rule revises the categories of actions or categorical 
exclusions that normally would not require an environmental impact 
statement or environmental assessment. These changes are intended to 
reduce the administrative processes and decrease the time required for 
project funding and implementation, while still ensuring that FEMA 
satisfies 

[[Page 4228]]
environmental concerns and issues. The changes are consistent with 
Federal directives, regulations and statutes.

EFFECTIVE DATE: February 5, 1996.

FOR FURTHER INFORMATION CONTACT: Rick Shivar, Office of Policy and 
Regional Operations, Federal Emergency Management Agency, 500 C Street 
SW., Washington, DC 20472, or phone (202) 646-3610.

SUPPLEMENTARY INFORMATION: On August 3, 1995, FEMA published a proposed 
rule for comment in the Federal Register, 60 FR 39694. The proposed 
rule contained changes responding to numerous suggestions for 
additional exclusion categories and for modifications to existing 
exclusion categories. They reflect several years' experience on the 
types of actions that generally receive a finding of no significant 
impact after FEMA makes an environmental assessment. These changes are 
intended to speed the approval of those projects with no potential for 
significant environmental effects and to allow attention to be focused 
on those projects with potential environmental concerns. The 
publication of the proposed rule allowed for a 45-day comment period 
ending on September 18, 1995. During this period, comments were 
received from one state, two Federal agencies, an environmental group 
and from within FEMA. The concerns identified in these comments are 
addressed later in this section.
    In order to produce a complete and effective update of exclusion 
categories, we conducted a review of the environmental assessments (EA) 
and the findings of no significant impact (FONSI) that FEMA has issued. 
In the last few years we have completed over 340 EAs, but there is only 
one case where an environmental impact statement (EIS) was written. 
While many EAs identified impacts that were able to be mitigated below 
the level of significance, we found that the clear majority of actions 
have no significant impact. Reviewing this last group revealed specific 
types of projects that historically did not produce significant 
environmental effects. In conjunction with the review of FEMA's EAs, we 
conducted a literature review of other Federal documents containing 
similar types of exclusions to ensure consistency of FEMA's exclusions 
with other Federal agencies' regulations. The results of these two 
reviews are the basis for these changes to FEMA's list of exclusion 
categories.
    These changes are also in keeping with the Council on Environmental 
Quality's guidance to Federal agencies on this subject (48 FR 34263, 
July 28, 1983). That guidance encourages Federal agencies to add 
flexibility to implementing procedures to allow new types of actions to 
be classified as categorical exclusions (CATEXs) with minimal 
documentation required. This is done by developing more broadly defined 
categories as well as providing examples of typical CATEXs, rather than 
a comprehensive list, so that specific actions not previously listed by 
an agency can be considered for CATEX status on a case-by-case basis.
    These revised exclusion categories will not affect FEMA's 
responsibility to comply with all other applicable local, state, and 
Federal laws and regulations relating to health, safety and the 
environment. This encompasses Federal environmentally oriented statutes 
including, among others: the Clean Air Act, the Clean Water Act, the 
Resource Conservation and Recovery Act, the Comprehensive Environmental 
Response, Compensation and Liability Act, the Coastal Zone Management 
Act, the Coastal Barrier Resources Act, the Endangered Species Act, the 
National Historic Preservation Act, and the Archaeological and Historic 
Preservation Act. It would not affect FEMA's responsibilities under 
Executive Orders 11988, 11990, and 12898. Nor would it affect FEMA's 
implementing regulations at 44 CFR part 9, or FEMA's National Flood 
Insurance Program rules at 44 CFR parts 59 through 77.
    A point of clarification of the term ``categorical exclusion'' is 
necessary in the discussion of this revised rule. Section 316 of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(Stafford Act), Pub. L. 93-288, as amended, 42 U.S.C. 5159, provides 
(1) for a statutory exclusion from NEPA requirements for certain 
actions taken under specific sections of that Act (Secs. 402, 403, 407 
and 502), and (2) for those actions under Sec. 406 of the Stafford Act 
that have ``the effect of restoring a facility substantially to its 
condition prior to the disaster or emergency.'' While statutory 
exclusions are exempted from all NEPA documentation, actions that are 
categorically excluded from preparation of an EA or an EIS must be 
documented by FEMA under this part. However, as with actions 
categorically excluded, an action statutorily excluded from NEPA is not 
exempt from the requirements of the other environmentally oriented 
statutes indicated above. To help determine the level of environmental 
review required and, specifically, when neither an EA nor an EIS is 
likely to be required for a proposed action, the list of exclusion 
categories presented by this rule is comprehensive in that it includes 
both categorical exclusions and those actions that are statutorily 
excluded (denoted by [SE]).
    The list of exclusion categories is presented with administrative 
type actions appearing first followed by emergency and other actions. 
The administrative actions relate mainly to activities that in and of 
themselves do not normally impact the environment, such as: planning, 
design, procurement, acquisition, training, studies and other 
administrative processes. The emergency and other actions mainly 
address emergency, disaster-related, or other activities that could 
impact features of the human and natural environment, such as: 
construction; maintenance or repair of facilities or vegetation; 
relocation of structures; floodproofing; emergency response and 
deployment; physical and other assistance.
    Since this revision republishes and redesignates some paragraphs, 
and modifies other paragraphs, the following discussion is directed 
only at those items that are added, removed, or revised from the 
current 44 CFR Sec. 10.8.
    44 CFR Sec. 10.8 is revised to redesignate and revise the 
discussion of statutory exclusions to recognize the difference between 
the basic nature of the statutory exclusion and of the CATEX. We also 
updated references to sections of the Stafford Act.
    New paragraph (d)(2) modifies the nomenclature ``List of 
categorical exceptions'' to ``List of exclusion categories'' to reflect 
the categorical nature of the list as opposed to a list of exceptions. 
This change is also reflected in new paragraph (d)(6).
    New paragraphs (d)(2) (i), (ii), (iii), (v), (vii), and (x) make 
minor wording revisions and clarify the language of existing categories 
but do not change their general substance.
    New paragraph (d)(2)(iv) addresses inspection and monitoring 
processes that are part of the compliance requirements for various 
programs. These activities are passive as to the environment. Any 
federally funded action that the inspections or monitoring might 
recommend is subject to the NEPA process.
    New paragraph (d)(2)(vi) expands the scope of the old paragraph 
(d)(2)(iii) on procurement of goods and services for operational 
support of facilities to include support of emergency operations 
together with temporary storage of those goods.
    Paragraph (d)(2)(viii) addresses the purchase or leasing of 
existing facilities 

[[Page 4229]]
when land use requirements allow the proposed use.
    Paragraph (d)(2)(ix) covers the acquisition, installation, or 
operation of utilities, gauges, communication and warning systems when 
using existing systems or facilities, or currently utilized 
infrastructure rights-of-way.
    Paragraph (d)(2)(xi) would allow for the planting of indigenous 
vegetation, for example, to reduce erosion or fire hazard.
    Paragraph (d)(2)(xii) applies to the removal of uncontaminated 
structures, improvements or debris to sites permitted for such 
material. The paragraph also applies to the demolition associated with 
the removal of structures or improvements.
    Paragraph (d)(2)(xiii) applies to small, individual structures that 
are to be relocated to a new site, where FEMA is not involved in the 
selection or development of the new site.
    Paragraph (d)(2)(xiv) excludes the act of granting a community 
exception for residential basement floodproofing pursuant to the 
National Flood Insurance Program.
    Paragraph (d)(2)(xv) provides to actions under the mitigation and 
other programs a slightly broader exclusion than that available by 
statute to actions funded pursuant to Sec. 406 of the Stafford Act 
whereby a facility can be restored to its approximate preexisting 
design, function and location. The broader interpretation also applies 
to Sec. 406 actions. Some existing statutory exclusions are 
incorporated into the CATEX list in this paragraph and in paragraph 
(d)(2)(xix).
    Paragraph (d)(2)(xvi) allows for improvements to an existing 
facility or for the construction of small scale mitigation measures in 
an already developed and appropriately zoned area on previously 
disturbed or graded lot(s). This includes improvements in the disturbed 
portion of a lot of an existing building, culverts, and berms within 
the previously disturbed perimeter of a road, storm drainage or utility 
system or existing facility. Any action covered by this category cannot 
change the basic function, exceed the capacity of other system 
components, violate land use requirements, or operate in a way as to 
affect the environment adversely.
    Paragraph (d)(2)(xvii) permits actions within enclosed facilities 
which comply with local construction, noise, pollution and waste 
disposal regulations.
    Paragraph (d)(2)(xviii) excludes, in addition to the existing 
category for the deployment and support of Emergency Support Teams, 
direct response activities including activation and support of the 
Catastrophic Disaster Response Group, Regional Operations Centers, 
Emergency Response Teams, Urban Search and Rescue Teams, and situation 
assessment, reconnaissance and other data gathering efforts in response 
to and for recovery from a disaster.
    Paragraph (d)(2)(xix) excludes emergency assistance and relief 
activities and rephrases terminology to reflect the amended Stafford 
Act. This includes general Federal and essential assistance (Stafford 
Act Secs. 402 and 403), food coupons and commodities (Secs. 412 and 
413), and Federal emergency assistance (Sec. 502). Debris removal 
(Sec. 407) becomes less restrictive. The temporary housing definition 
(Sec. 408) is simplified as are the definitions of the individual and 
family grant (Sec. 411) and community disaster loan (Sec. 417) 
exclusions.
    In paragraph (d)(3) the list of Extraordinary Circumstances, which 
was Sec. 10.8(e), is updated to clarify the circumstances that may 
cause an action that is normally categorically excluded to have the 
potential for significant environmental impact. The previous paragraph 
(e)(2) describing ``actions in highly populated or congested areas'' is 
replaced in paragraph (d)(3)(ii) with a more workable ``actions with a 
high level of controversy.'' In paragraph (d)(3)(iv) clarifying 
language is added to the term ``unproven technology.'' In paragraph 
(d)(3)(vi) the hazardous substance condition was changed from ``use'' 
to ``presence'' and linked to levels that would trigger local, state, 
or Federal requirements. Paragraph (d)(3)(vii), which addresses flood 
plains or wetlands, is expanded to include other special or critical 
resources, i.e., coastal zones, wildlife refuge and wilderness areas, 
wild and scenic rivers, sole or principal drinking water aquifers, etc.
    Three new categories are added to insure that adverse health and 
safety effects, paragraph (d)(3)(viii); the potential violation of 
Federal, state, local or tribal requirements, paragraph (d)(3)(ix); and 
cumulative impacts, (d)(3)(x); will now be considered as extraordinary 
circumstances.
    Paragraph (d)(5), Revocation, is added to assure that if the 
conditions upon which a categorical exclusion was granted have changed 
or new information is discovered indicating that the action no longer 
meets the conditions of the categorical exclusion, the responsible 
official must revoke the exclusion and ask for a full environmental 
review.
    Paragraphs (d)(6)(i) and (d)(6)(ii), which address changes to the 
list of exclusion categories, adds ``directorates'' to ``offices and 
administrations'' to more correctly reflect all the organizational 
entities in FEMA.
    The comments received during the comment period centered on four 
areas: (1) hazardous materials; (2) exception categories being too 
expansive; (3) extraordinary circumstances; and (4) clarification of 
terms and the scope of several of the proposed categories. In addition, 
it has been suggested that some of the categories could be combined and 
that some could be eliminated because they were not germane to FEMA 
activities. The following discussion addresses those comments directed 
at the substance of the proposed rule.
    Several comments expressed concern about the integration of 
hazardous waste requirements into the categories, specifically the 
original sections (d)(2)(viii), (x), (xiv), and (xv). That integration 
already exists in the form of the extraordinary circumstance defined in 
(3)(vi) and in general FEMA policy regarding hazardous materials. The 
extraordinary circumstance would override the categorical exclusion if 
special hazardous material situations were identified associated with 
any categorically excluded action. In addition, it is FEMA policy that 
before the acquisition of property all state and local hazardous 
material ordinances must be adhered to and that the property itself 
must be free of contaminates. Original sections (d)(2)(vii) and 
(d)(2)(x) have been dropped and sections (d)(2)(xiv) and (d)(2)(xv) are 
adequately covered by existing policy and the extraordinary 
circumstance.
    Commenters felt that the proposed (d)(2)(xvii) was too expansive in 
what it could include and that it went beyond the definition used to 
describe what was allowed by the statutory exclusion of the Stafford 
Act, 42 U.S.C. 5159. The new wording intentionally goes beyond that of 
the statutory exclusion. Our experience in working with this type of 
project indicates that many projects that truly fit the categorical 
exemption criteria were not covered and this language now includes them 
for all FEMA programs. Any project qualifying for this exclusion that 
is not covered by the statutory exclusion will still be evaluated for 
extraordinary circumstances and will lose its categorical exclusion if 
any of those circumstances apply.
    One comment suggested adding a new extraordinary circumstance to 
section (d)(3) that could override the categorical exclusion of an 
action if that action impacted the recovery of an endangered species or 
could be used be 

[[Page 4230]]
affirmatively used in that recovery. It was felt that the existing 
endangered species extraordinary circumstance, (d)(3)(v), would be 
invoked by the mere presence of a protected species and once the 
environmental assessment was required the opportunity for affirmatively 
considering recovery efforts would be available.
    A suggestion was made to modify the wording of the extraordinary 
circumstance (d)(3)(vii) which addresses ``special status areas or 
other critical resources'' to include rare habitat that may not be on 
the critical list. This modification has been made by adding the 
quality of ``uniqueness'', i.e., ``special status areas or other unique 
or critical resources.''
    The addition of a new extraordinary circumstance, (d)(3)(x) was 
suggested to address situations where normally excludable actions have 
impacts which by themselves are not significant, but when combined with 
impacts of other past, present, or foreseeable future activities have 
the potential for significant impact.
    Two proposed categories addressing the acquisition of real property 
for future use, (d)(2)(viii), and the transfer of administrative 
control, (d)(2)(x), were eliminated as not germane to normal FEMA 
activities.
    Newly designated sections (c)(1), (c)(2), (d)(2), (d)(2)(vi), 
(d)(2)(vii), (d)(2)(ix), (d)(2)(x), (d)(2)(xii), (d)(2)(xiii), 
(d)(2)(xv), (d)(2)(xvi), (d)(2)(xix)(F), (d)(3)(v), (d)(3)(vi), and 
(d)(5) have been modified from the corresponding proposed sections in 
response to specific suggestions to improve clarity and definition. The 
explanation presented above which addresses any of these modified 
sections reflects the new changes since the proposed rule was 
published.

National Environmental Policy Act

    The requirements of 44 CFR part 10, Environmental Consideration, 
exclude this rule according to Sec. 10.8(c)(2)(i). FEMA has not 
prepared an environmental impact statement.

Regulatory Flexibility Act

    I certify that this rule would not have a significant economic 
impact on a substantial number of small entities under the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq. The rule adds eight categories to 
FEMA's categorical exclusions from reviews under the National 
Environmental Policy Act, and FEMA does not expect the rule (1) will 
affect adversely the availability of disaster assistance funding to 
small entities, (2) will have significant secondary or incidental 
effects on a substantial number of small entities, or (3) will create 
any additional burden on small entities.

Regulatory Planning and Review

    This rule is not a significant regulatory action within the meaning 
of Sec. 2(f) of E.O. 12866 of September 30, 1993, Regulatory Planning 
and Review, 3 CFR, 1994 Comp., p. 638. To the extent possible this 
proposed rule adheres to the regulatory principles set forth in E.O. 
12866, but has not been reviewed by the Office of Management and Budget 
under E.O. 12866.

Paperwork Reduction Act

    This rule does not involve any collection of information for the 
purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Executive Order 12612, Federalism

    This rule involves no policies that have federalism implications 
under Executive Order 12612, Federalism, October 26, 1987, 3 CFR, 1987 
Comp., p. 252.

Executive Order 12778, Civil Justice Reform

    This rule meets the applicable standards of section 2(b)(2) of 
Executive Order 12778, October 25, 1991, 56 FR 55195, 3 CFR, 1991 
Comp., p. 309.

List of Subjects in 44 CFR Part 10

    Environmental impact statements.

    Accordingly, 44 CFR part 10 is amended as follows:

PART 10--ENVIRONMENTAL CONSIDERATIONS

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

    Authority: 42 U.S.C. 4321 et seq.; E.O. 11514 of March 7, 1970, 
35 FR 4247, as amended by E. O. 11991 of March 24, 1977, 3 CFR, 1977 
Comp., p. 123; Reorganization Plan No. 3 of 1978, 43 FR 41943, 3 
CFR, 1978 Comp., p. 329; E.O. 12127 of March 31, 1979, 44 FR 19367, 
3 CFR, 1979 Comp., p. 376; E.O. 12148 of July 20, 1979, 44 FR 43239, 
3 CFR, 1979 Comp., p. 412, as amended.

    2. Section 10.8 is amended by revising paragraphs (c), (d) and (e) 
to read as follows:


Sec. 10.8  Determination of requirement for environmental review.

* * * * *
    (c) Statutory exclusions. The following actions are statutorily 
excluded from NEPA and the preparation of environmental impact 
statements and environmental assessments by section 316 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (Stafford 
Act), as amended, 42 U.S.C. 5159;
    (1) Action taken or assistance provided under sections 403, 407, or 
502 of the Stafford Act; and
    (2) Action taken or assistance provided under section 406 of the 
Stafford Act that has the effect of restoring facilities substantially 
as they existed before a major disaster or emergency.
    (d) Categorical Exclusions (CATEXs). CEQ regulations at 40 CFR 
1508.4 provide for the categorical exclusion of actions that do not 
individually or cumulatively have a significant impact on the human 
environment and for which, therefore, neither an environmental 
assessment nor an environmental impact statement is required. Full 
implementation of this concept will help FEMA avoid unnecessary or 
duplicate effort and concentrate resources on significant environmental 
issues.
    (1) Criteria. The criteria used for determination of those 
categories of actions that normally do not require either an 
environmental impact statement or an environmental assessment include:
    (i) Minimal or no effect on environmental quality;
    (ii) No significant change to existing environmental conditions; 
and
    (iii) No significant cumulative environmental impact.
    (2) List of exclusion categories. FEMA has determined that the 
following categories of actions have no significant effect on the human 
environment and are, therefore, categorically excluded from the 
preparation of environmental impact statements and environmental 
assessments except where extraordinary circumstances as defined in 
paragraph (d)(5) of this section exist. If the action is of an 
emergency nature as described in Sec. 316 of the Stafford Act (42 
U.S.C. 5159), it is statutorily excluded and is noted with [SE].
    (i) Administrative actions such as personnel actions, travel, 
procurement of supplies, etc., in support of normal day-to-day 
activities and disaster related activities;
    (ii) Preparation, revision, and adoption of regulations, 
directives, manuals, and other guidance documents related to actions 
that qualify for categorical exclusions;
    (iii) Studies that involve no commitment of resources other than 
manpower and associated funding;
    (iv) Inspection and monitoring activities, granting of variances, 
and actions to enforce Federal, state, or local codes, standards or 
regulations; 

[[Page 4231]]

    (v) Training activities and both training and operational exercises 
utilizing existing facilities in accordance with established procedures 
and land use designations;
    (vi) Procurement of goods and services for support of day-to-day 
and emergency operational activities, and the temporary storage of 
goods other than hazardous materials, so long as storage occurs on 
previously disturbed land or in existing facilities;
    (vii) The acquisition of properties and the associated demolition/
removal [see paragraph (d)(2)(xii) of this section] or relocation of 
structures [see paragraph (d)(2)(xiii) of this section] under any 
applicable authority when the acquisition is from a willing seller, the 
buyer coordinated acquisition planning with affected authorities, and 
the acquired property will be dedicated in perpetuity to uses that are 
compatible with open space, recreational, or wetland practices.
    (viii) Acquisition or lease of existing facilities where planned 
uses conform to past use or local land use requirements;
    (ix) Acquisition, installation, or operation of utility and 
communication systems that use existing distribution systems or 
facilities, or currently used infrastructure rights-of-way;
    (x) Routine maintenance, repair, and grounds-keeping activities at 
FEMA facilities;
    (xi) Planting of indigenous vegetation;
    (xii) Demolition of structures and other improvements or disposal 
of uncontaminated structures and other improvements to permitted off-
site locations, or both;
    (xiii) Physical relocation of individual structures where FEMA has 
no involvement in the relocation site selection or development;
    (xiv) Granting of community-wide exceptions for floodproofed 
residential basements meeting the requirements of 44 CFR 60.6(c) under 
the National Flood Insurance Program;
    (xv) Repair, reconstruction, restoration, elevation, retrofitting, 
upgrading to current codes and standards, or replacement of any 
facility in a manner that substantially conforms to the preexisting 
design, function, and location; [SE, in part]
    (xvi) Improvements to existing facilities and the construction of 
small scale hazard mitigation measures in existing developed areas with 
substantially completed infrastructure, when the immediate project area 
has already been disturbed, and when those actions do not alter basic 
functions, do not exceed capacity of other system components, or modify 
intended land use; provided the operation of the completed project will 
not, of itself, have an adverse effect on the quality of the human 
environment;
    (xvii) Actions conducted within enclosed facilities where all 
airborne emissions, waterborne effluent, external radiation levels, 
outdoor noise, and solid and bulk waste disposal practices comply with 
existing Federal, state, and local laws and regulations;
    (xviii) The following planning and administrative activities in 
support of emergency and disaster response and recovery:
    (A) Activation of the Emergency Support Team and convening of the 
Catastrophic Disaster Response Group at FEMA headquarters;
    (B) Activation of the Regional Operations Center and deployment of 
the Emergency Response Team, in whole or in part;
    (C) Deployment of Urban Search and Rescue teams;
    (D) Situation Assessment including ground and aerial 
reconnaissance;
    (E) Information and data gathering and reporting efforts in support 
of emergency and disaster response and recovery and hazard mitigation; 
and
    (xix) The following emergency and disaster response, recovery and 
hazard mitigation activities under the Stafford Act:
    (A) General Federal Assistance (Sec. 402); [SE]
    (B) Essential Assistance (Sec. 403); [SE]
    (C) Debris Removal (Sec. 407) [SE]
    (D) Temporary Housing (Sec. 408), except locating multiple mobile 
homes or other readily fabricated dwellings on sites, other than 
private residences, not previously used for such purposes;
    (E) Unemployment Assistance (Sec. 410);
    (F) Individual and Family Grant Programs (Sec. 411), except for 
grants that will be used for restoring, repairing or building private 
bridges, or purchasing mobile homes or other readily fabricated 
dwellings;
    (G) Food Coupons and Distribution (Sec. 412);
    (H) Food Commodities (Sec. 413);
    (I) Legal Services (Sec. 415);
    (J) Crisis Counseling Assistance and Training (Sec. 416);
    (K) Community Disaster Loans (Sec. 417);
    (L) Emergency Communications (Sec. 418);
    (M) Emergency Public Transportation (Sec. 419);
    (N) Fire Suppression Grants (Sec. 420); and
    (O) Federal Emergency Assistance (Sec. 502) [SE].
    (3) Extraordinary circumstances. If extraordinary circumstances 
exist within an area affected by an action, such that an action that is 
categorically excluded from NEPA compliance may have a significant 
adverse environmental impact, an environmental assessment shall be 
prepared. Extraordinary circumstances that may have a significant 
environmental impact include:
    (i) Greater scope or size than normally experienced for a 
particular category of action;
    (ii) Actions with a high level of public controversy;
    (iii) Potential for degradation, even though slight, of already 
existing poor environmental conditions;
    (iv) Employment of unproven technology with potential adverse 
effects or actions involving unique or unknown environmental risks;
    (v) Presence of endangered or threatened species or their critical 
habitat, or archaeological, cultural, historical or other protected 
resources;
    (vi) Presence of hazardous or toxic substances at levels which 
exceed Federal, state or local regulations or standards requiring 
action or attention;
    (vii) Actions with the potential to affect special status areas 
adversely or other critical resources such as wetlands, coastal zones, 
wildlife refuge and wilderness areas, wild and scenic rivers, sole or 
principal drinking water aquifers;
    (viii) Potential for adverse effects on health or safety; and
    (ix) Potential to violate a Federal, State, local or tribal law or 
requirement imposed for the protection of the environment.
    (x) Potential for significant cumulative impact when the proposed 
action is combined with other past, present and reasonably foreseeable 
future actions, even though the impacts of the proposed action may not 
be significant by themselves.
    (4) Documentation. The Regional Director will prepare and maintain 
an administrative record of each proposal that is determined to be 
categorically excluded from the preparation of an environmental impact 
statement or an environmental assessment.
    (5) Revocation. The Regional Director shall revoke a determination 
of categorical exclusion and shall require a full environmental review 
if, subsequent to the granting an exclusion, the Regional Director 
determines that due to changes in the proposed action or in light of 
new findings, the action no longer meets the requirements for a 
categorical exclusion.
    (6) Changes to the list of exclusion categories.
    (i) The FEMA list of exclusion categories will be continually 
reviewed and refined as additional categories are 

[[Page 4232]]
identified and experience is gained in the categorical exclusion 
process. An office, directorate, or administration of FEMA may, at any 
time, recommend additions or changes to the FEMA list of exclusion 
categories.
    (ii) Offices, directorates, and administrations of FEMA are 
encouraged to develop additional categories of exclusions necessary to 
meet their unique operational and mission requirements.
    (iii) If an office, directorate, or administration of FEMA proposes 
to change or add to the list of exclusion categories, it shall first:
    (A) Obtain the approval of the Environmental Officer and the Office 
of the General Counsel; and
    (B) Publish notice of such proposed change or addition in the 
Federal Register at least 60 days before the effective date of such 
change or addition.
    (e) Actions that normally require an environmental assessment. When 
a proposal is not one that normally requires an environmental impact 
statement and does not qualify as a categorical exclusion, the Regional 
Director shall prepare an environmental assessment.

    Dated: January 26, 1996.

Harvey G. Ryland,
Deputy Director.
[FR Doc. 96-2087 Filed 2-2-96; 8:45 am]
BILLING CODE 6718-01-P