[Federal Register: May 12, 2004 (Volume 69, Number 92)]
[Notices]
[Page 26400-26402]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12my04-60]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
Notice of Availability for Public Viewing of Draft Programmatic
Environmental Assessment Concerning CBP's Use of the Vehicle and Cargo
Inspection System (VACIS) at Various Sea and Land Ports of Entry
AGENCY: Customs and Border Protection, Department of Homeland Security.
ACTION: General notice.
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SUMMARY: This document announces that a draft Programmatic
Environmental Assessment (PEA) regarding potential environmental
impacts resulting from Customs and Border Protection's (CBP) deployment
of the Vehicle and Cargo Inspection System (VACIS) is available for
public review and comment. The VACIS system will be used at various
ports of entry throughout the United States and Puerto Rico and is
designed to provide a significant non-intrusive (gamma ray) inspection
capability to assist CBP in its mission to prevent the entry of
contraband into the United States. CBP will consider comments before
issuing a final PEA and will then issue a draft Supplemental
Environmental Assessment covering each local site affected to assess
the environmental impact on local conditions.
DATES: The draft PEA will be available for public review for a 30-day
period beginning on May 12, 2004. Written comments must be received by
June 28, 2004.
[[Page 26401]]
ADDRESSES: Written comments may be submitted to U.S. Customs and Border
Protection, Suite 1575, 1300 Pennsylvania Avenue, NW., Washington, DC
20229, Attn: Mr. Thomas Nelson. Copies of the draft PEA will be
available for viewing at the above address. Copies may also be obtained
by calling 202/344-2975 and by accessing the following Internet address
(click on ``Recent Federal Register Notices''): http://www.cbp.gov/xp/cgov/toolbox/legal
.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Nelson at 202/344-2975 or
at THOMAS.Nelson@associates.dhs.gov.
SUPPLEMENTARY INFORMATION:
Background
The VACIS System
CBP's Vehicle and Cargo Inspection System (the VACIS system)
provides a means for combatting the smuggling of contraband, including
implements of terrorism, into the United States. The VACIS system
employs a non-intrusive inspection technique that uses low energy gamma
radiation technology; it allows CBP inspectors to inspect for
contraband without having to physically enter into or unload motor
vehicles, containers, or other conveyances. The system is designed to
augment the capabilities of the CBP inspector and enhance the
efficiency and effectiveness of CBP's enforcement mission. Deployment
of VACIS technology is already underway and will continue at various
land and sea ports of entry throughout the United States and Puerto
Rico. Given the serious nature of CBP's mission to protect the nation's
borders from terrorism, it is envisioned that all ports are candidates
for deployment of VACIS technology in the future.
The VACIS system consists of four configurations, described as
follows:
(1) A semi-permanent version designed for inspection of motor
vehicles and cargo containers at Customs ports of entry (VACIS II);
(2) A truck-mounted version designed for high-portability
inspection of motor vehicles and cargo containers (Mobile VACIS);
(3) A fixed version designed specifically for installation along
railroad rights of way for the inspection of railroad cars (Rail
VACIS); and
(4) A Fixed Pallet Gamma Ray (FPGR) system designed for inspection
of items stored on pallets and in boxes or crates (Pallet VACIS).
Public Review of the Draft Programmatic Environmental Assessment
Pursuant to the National Environmental Policy Act of 1969 (NEPA),
the Council on Environmental Quality (CEQ) Regulations for Implementing
the NEPA (40 CFR parts 1500-1508), and Department of the Treasury
Directive 75-02 (Department of the Treasury Environmental Quality
Program), CBP has prepared a draft Programmatic Environmental
Assessment (PEA) covering the deployment of the VACIS system.
This notice announces a 30-day period for public review of the
draft PEA and a 45-day period for submitting comments to CBP, both
periods commencing on the date this document is published in the
Federal Register.
Evaluation of Environmental Impact
For all proposals of major Federal actions that significantly
affect the quality of the human environment, NEPA requires that the
environmental implications of the proposal are to be explored. To meet
this requirement, a Federal agency, in some instances, must produce an
Environmental Impact Statement (EIS) that examines the environmental
implications (or impacts) of a major Federal action. Under Sec.
1508.18(a) of the CEQ Regulations (40 CFR 1508.18(a)), a major Federal
action includes new and continuing agency activities. The VACIS system
is a new and continuing CBP activity. In other instances, an agency
will prepare an Environmental Assessment preliminary to production of
either an EIS or a Finding of No Significant Impact (FONSI). The effect
of a FONSI is that an agency will not have to produce an EIS. In still
other instances, the agency need not produce either an EA or an EIS.
Under section 8b of Treasury Directive 75-02, an EA must be
prepared whenever it appears that an agency action, including the
continuance of any action or program already initiated, could
constitute a major action significantly affecting the quality of the
human environment. An EA is a concise public statement issued by a
responsible federal agency that provides sufficient evidence and
analysis for determining whether to prepare either an EIS or a FONSI.
Under the regulation and section 8d of Treasury Directive 75-02, an EA
must describe the proposed action (or the continuing action) and the
need for it; briefly describe the environmental impacts of, and
alternatives to, the proposed/continued action, including mitigating
measures; list the agencies and persons consulted; and provide a brief
analysis for determining whether to prepare an EIS or a FONSI.
A Programmatic Environmental Assessment (PEA) is a type of EA
which, with respect to a major Federal action, covers relevant
environmental matters in a broad and general manner, such as a national
program or policy statement. The PEA is later followed by subsequent
narrower statements or analyses, such as regional program statements or
site-specific statements. The draft PEA announced in this notice
evaluates the potential environmental impacts resulting from deployment
of the VACIS system as a nationally implemented program. Among the
potential impacts evaluated are those regarding: geology and soils,
hydrology and water quality, wetlands, vegetation and wildlife, air
quality, noise, and radiological consequences. Also, an evaluation of
alternatives to the action (deployment of the system) is included, in
accordance with CEQ regulations (40 CFR 1501.2(c)).
Substantive comments received from the public and agencies during
the comment period will be addressed in, and included as an Appendix
to, the final PEA. Notice of issuance of the final PEA will be
published in the Federal Register, as well as in a newspaper of general
circulation in each locality where any VACIS configuration is or will
be deployed.
Should CBP determine, based on the information developed and
evaluation of substantive comments received, that the design, new
construction, and/or operation of VACIS system configurations 1 through
4 will not have a significant impact on the environment, CBP will
prepare a FONSI. Notice of the FONSI will be published in the Federal
Register and in a newspaper of general circulation in each locality
where a VACIS configuration is/will be deployed. Should CBP determine
that significant environmental impacts exist due to the project, CBP
will proceed with preparation of an EIS as required under the NEPA, the
CEQ Regulations (40 CFR part 1502), and the Department of the
Treasury's environmental policies and procedures.
Supplemental Environmental Assessments
After issuance of the draft PEA, review of comments received, and
issuance of a final PEA, Customs will issue a draft Supplemental
Environmental Assessment (also known as a Supplemental Environmental
Document or SED) for each affected port. Each SED will address each
local
[[Page 26402]]
deployment site within a particular port, evaluating potential
environmental impacts with respect to the particular conditions present
at each site. Each draft SED will solicit public comment, and
substantive comments received will be included in the Appendix to a
final SED. Notice of the SED will be published in the Federal Register
and in a local newspaper of general circulation in the particular
affected locality. At that time, after receipt and evaluation of
comments, CBP will determine whether to prepare a FONSI or an EIS with
respect to each affected port.
Public Review and Comments
The draft PEA will be available for public review for a period of
30 days beginning on the date this document is published in the Federal
Register. The draft PEA can be reviewed at the following address: U.S.
Customs and Border Protection, Suite 1575, 1300 Pennsylvania Ave., NW.,
Washington, DC 20229. Contact Mr. Thomas Nelson to make arrangements at
202/344-2975. Copies of the draft PEA may be obtained by telephone
request (202/344-2975) or by accessing the following Internet address
(click on ``Recent Federal Register Notices''): http://www.cbp.gov/xp/cgov/toolbox/legal
.
Comments regarding the draft PEA may be submitted as set forth in
the ADDRESSES section of this document.
Dated: April 9, 2004.
Charles R. Armstrong,
Acting Assistant Commissioner, Office of Information and Technology.
[FR Doc. 04-10731 Filed 5-11-04; 8:45 am]
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