Rule2026-19720
National Environmental Policy Act Implementing Procedures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 25, 2026
Effective
September 25, 2026
Issuing agencies
Postal Service
Abstract
The United States Postal Service (USPS) is publishing this interim final rule with request for comments to partially rescind and update its remaining National Environmental Policy Act (NEPA) implementing procedures, which were promulgated to implement the now- rescinded Council on Environmental Quality (CEQ) regulations.
Full Text
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<title>Federal Register, Volume 91 Issue 185 (Friday, September 25, 2026)</title>
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[Federal Register Volume 91, Number 185 (Friday, September 25, 2026)]
[Rules and Regulations]
[Pages 60827-60840]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19720]
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POSTAL SERVICE
39 CFR Part 775
National Environmental Policy Act Implementing Procedures
AGENCY: United States Postal Service.
ACTION: Interim final rule; request for comments.
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SUMMARY: The United States Postal Service (USPS) is publishing this
interim final rule with request for comments to partially rescind and
update its remaining National Environmental Policy Act (NEPA)
implementing procedures, which were promulgated to implement the now-
rescinded Council on Environmental Quality (CEQ) regulations.
DATES: This interim final rule is effective September 25, 2026.
Comments are due by October 26, 2026.
ADDRESSES: Interested parties may direct comments and questions to: Mr.
Thomas Shepherd, Environmental Counsel, United States Postal Service,
475 L'Enfant Plaza SW, Office 6606, Washington, DC 20260-6201, or at
<a href="/cdn-cgi/l/email-protection#246a61746564515754570a434b52"><span class="__cf_email__" data-cfemail="7b353e2b3a3b0e080b08551c140d">[email protected]</span></a>.
All submissions must include the agency name, ``United States
Postal Service,'' and the subject heading ``NEPA Procedures
Rulemaking.'' Note that comments sent by mail may be subject to delay
due to Federal security screening. Faxed comments are not accepted. All
submitted comments and attachments are part of the public record and
subject to disclosure. Do not enclose any material in your comments
that you consider to be confidential or inappropriate for public
disclosure.
FOR FURTHER INFORMATION CONTACT: Thomas Shepherd, Environmental
Counsel, or Asif Ansari, Director, Environmental Affairs, at
<a href="/cdn-cgi/l/email-protection#541a11041514212724277a333b22"><span class="__cf_email__" data-cfemail="2f616a7f6e6f5a5c5f5c01484059">[email protected]</span></a> or at (202) 738-2939.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. National Environmental Policy Act
B. CEQ NEPA Regulations
C. USPS NEPA Implementing Procedures and Regulations
D. Changes Made in This Interim Final Rule
II. USPS Solicits Comments
I. Introduction
USPS is revising its NEPA implementing regulations to contain only:
(i) definitions of terms used in the regulations; (ii) administrative
and routine actions excepted from NEPA review in appendix A; (iii) its
revised categorical exclusions in appendix B based upon experience with
existing regulations and new policies and infrastructure that have been
implemented since the establishment of the categorical exclusions; (iv)
related requirements for determining when NEPA applies to USPS actions
and for the application of categorical exclusions; and (v) a provision
for emergency circumstances. Going
[[Page 60828]]
forward, USPS will maintain the remainder of its NEPA procedures--which
apply only to USPS's internal processes--in a Handbook separate from
the Code of Federal Regulations (CFR). This interim final rule requests
comments on this action and related matters to inform USPS's decision-
making.
The Administrative Procedure Act does not apply to this action (5
U.S.C. 553(a)(2); 39 U.S.C. 410(a)), which is being taken pursuant to
the Postal Service's general rulemaking authority under 39 U.S.C.
401(2). Nevertheless, the Postal Service is voluntarily soliciting
public comments on its revision of 39 CFR part 775. Following the
expiration of the comment period, the Postal Service may make further
revisions to this action if the Postal Service's review of any comments
submitted suggests that further revisions are warranted.
USPS is issuing this interim final rule to partially rescind and
revise its remaining regulations codified at 39 CFR part 775 for
implementation of the National Environmental Policy Act of 1969 (NEPA),
42 U.S.C. 4321 et seq., as amended. USPS's existing NEPA implementing
regulations were promulgated to ``implement the [NEPA] regulations (40
CFR part 1500) issued by the Council on Environmental Quality (CEQ).''
39 CFR 775.1. A stated policy of USPS's existing regulations is to
interpret and administer applicable policies, regulations, and public
laws of the United States in accordance with the policies set forth in
NEPA and CEQ's NEPA regulations. 39 CFR 775.2(a). But CEQ's NEPA
regulations have been repealed, as of April 11, 2025. See Removal of
National Environmental Policy Act Implementing Regulations, (90 FR
10610; Feb. 25, 2025 and 91 FR 618; Jan. 8, 2026)). CEQ's repeal of its
regulations was necessitated by and is consistent with Executive Order
(E.O.) 14154, Unleashing American Energy (90 FR 8353; January 29,
2025), in which President Trump rescinded President Carter's E.O.
11991, Relating to Protection and Enhancement of Environmental Quality
(42 FR 26967; May 24, 1977), which was the basis CEQ had invoked for
its authority to issue regulations. USPS's regulations implementing
CEQ's rescinded regulations now requires revision.
Additionally, Congress amended NEPA in significant part in the
Fiscal Responsibility Act of 2023 (FRA), Public Law 118-5, signed on
June 3, 2023, and in the One Big Beautiful Bill Act of July 4, 2025
(OBBBA), Public Law 119-21. The FRA added substantial detail and
direction in Title I of NEPA, including in particular on procedural
issues that CEQ and individual acting agencies had previously addressed
in their own regulations. With the passage of the FRA and CEQ's
rescission of its NEPA regulations, it is necessary that USPS conform
its procedures to the statute as amended.
Finally, the Supreme Court issued its decision in Seven County
Infrastructure Coalition v. Eagle County, Colorado, 145 S. Ct. 1497
(2025), in which it described the ``transform[ation]'' of NEPA from its
roots as ``a modest procedural requirement,'' into a significant
``substantive roadblock'' that ``paralyze[s]'' ``agency
decisionmaking.'' Id. at 1507, 1513 (quotations omitted). The Supreme
Court explained that part of that problem had been caused by decisions
of lower courts, which it rejected, issuing a ``course correction''
mandating that courts give ``substantial deference'' to reasonable
agency conclusions underlying that agency's NEPA process. Id. at 1513-
14. The Court also acknowledged, and through its course correction
sought to address, the effect judicial ``micromanage[ment]'' has had on
``litigation-averse agencies'' which have been ``tak[ing] ever more
time and . . . prepar[ing] ever longer EISs [environmental impact
statements] for future projects.'' Id. at 1513. USPS, thus, is issuing
this interim final rule to streamline its NEPA process in accordance
with the Supreme Court's decision and changes to the underlying
statute. This revision has thus been called for, authorized, and
directed by all three branches of government at the highest possible
levels.
USPS's procedures for implementing NEPA, 42 U.S.C. 4321 et seq., as
amended, are contained in 39 CFR part 775. USPS is issuing this interim
final rule to revise 39 CFR part 775 so that it includes only
administrative and routine actions excepted from NEPA review in
appendix A, its categorical exclusions in appendix B, related
requirements, and a provision for emergency circumstances. Other than
these few provisions, USPS's procedures will be contained in the United
States Postal Service NEPA Standard Operating Procedures, a copy of
which is reprinted below for explanatory purposes only (and will not be
codified in the CFR). The procedures are intended to be non-binding
guidance.
The Supreme Court could not have been clearer in Seven County that
NEPA is a procedural statute. See Seven County, 145 S. Ct. 1507 (``NEPA
is a purely procedural statute.''); see id. at 1510 (``NEPA is purely
procedural. . . . NEPA does not mandate particular results, but simply
prescribes the necessary process for an agency's environmental review
of a project''); (internal quotation omitted); id. at 1511 (``NEPA is a
purely procedural statute''); id. at 1513 (NEPA is properly understood
as ``a modest procedural requirement''); id. at 1514 (``NEPA's status
as a purely procedural statute''); see also id. at 1507 (``Simply
stated, NEPA is a procedural cross-check, not a substantive
roadblock.''). USPS's decision to place NEPA implementing procedures in
a guidance document is consistent with NEPA, the Supreme Court's
opinion, and with the approach that several Federal agencies have used
for decades.
A. National Environmental Policy Act
Congress enacted NEPA to declare a national policy ``to use all
practicable means and measures, including financial and technical
assistance, in a manner calculated to foster and promote the general
welfare, to create and maintain conditions under which man and nature
can exist in productive harmony, and [to] fulfill the social, economic,
and other requirements of present and future generations of
Americans.'' 42 U.S.C. 4331(a).
NEPA, as amended, furthers this national policy by requiring
Federal agencies to prepare an environmental impact statement (EIS)--
``in essence, a report''--for proposed ``major Federal actions
significantly affecting the quality of the human environment.'' 42
U.S.C. 4332(2)(C); Seven County, 145 S. Ct. 1507. This statement must
address: (1) the reasonably foreseeable environmental effects of the
proposed agency action; (2) any reasonably foreseeable adverse
environmental effects that cannot be avoided should the proposal be
implemented; (3) a reasonable range of alternatives to the proposed
agency action, including an analysis of any negative environmental
impacts of not implementing the proposed agency action in the case of a
no action alternative, that are technically and economically feasible,
and meet the purpose and need of the proposal; (4) the relationship
between local short-term uses of man's environment and the maintenance
and enhancement of long-term productivity; and (5) any irreversible and
irretrievable commitments of Federal resources which would be involved
in the proposed action should it be implemented. 42 U.S.C. 4332(2)(C).
NEPA does not mandate particular results or substantive outcomes.
Seven County, 145 S. Ct. at 1510-1512. Rather, NEPA requires Federal
agencies to consider the environmental effects of
[[Page 60829]]
proposed actions as timely and unified Federal reviews, including
provisions clarifying lead, joint lead, and cooperating agency
designations, generally requiring the development of a single
environmental document, and directing agencies to develop part of
agencies' decision-making processes. NEPA provides requirements to
facilitate procedures for project sponsors to prepare environmental
assessments and environmental impact statements, and prescribing page
limits and deadlines. 42 U.S.C. 4336a. NEPA also sets forth the
circumstances under which agencies may rely on programmatic
environmental documents, 42 U.S.C. 4336b, and adopt and use another
agency's categorical exclusions. 42 U.S.C. 4336c.
NEPA identifies three levels of review--categorical exclusion,
environmental assessment, and environmental impact statement. 42 U.S.C.
4336a. A categorical exclusion is ``a category of actions that a
Federal agency has determined normally does not significantly affect
the quality of the human environment within the meaning of [NEPA]
section 102(2)(C).'' 42 U.S.C. 4336e(1). An environmental assessment is
a ``concise'' document ``set[ting] forth the basis of [an] agency's
finding of no significant impact or determination that an environmental
impact statement is necessary,'' prepared in connection with a proposed
agency action that does not have a significant impact or the
significance of whose impact is unknown. 42 U.S.C. 4336(b)(2). An
environmental impact statement is a document analyzing a proposed
agency action with significant impact, governed by the provisions of 42
U.S.C. 4332(2)(C), 4336(b)(1).
B. CEQ NEPA Regulations
On January 20, 2025, President Trump issued E.O. 14154, Unleashing
American Energy. 90 FR 8353 (Jan. 29, 2025) (``E.O. 14154''). The E.O.
revoked E.O. 11991, Relating to protection and enhancement of
environmental quality (42 FR 26967 (May 25, 1977)), which had directed
CEQ to issue regulations implementing NEPA and required Federal
agencies to comply with those regulations. E.O. 14154 at sec. 5. E.O.
14154 also directed CEQ to provide guidance on implementing NEPA and
propose rescinding CEQ's NEPA regulations within 30 days of the order.
Id. at sec 5(a). CEQ issued an interim final rule rescinding its NEPA
implementing regulations on February 25, 2025, effective April 11,
2025. 90 FR 10610 (Feb. 25, 2025). CEQ adopted the interim final rule
as final on January 8, 2026. 91 FR 618 (Jan 8, 2026). Following CEQ's
provision of initial guidance, E.O. 14154 directs the Chairman of CEQ
to convene a working group to coordinate the revision of agency-level
NEPA implementing regulations for consistency.
C. USPS NEPA Implementing Procedures and Regulations
In 1979, USPS established 39 CFR part 775 through a rulemaking that
finalized USPS' NEPA implementing regulations ``in voluntary compliance
with [CEQ's] regulations for implementing the procedural provisions of
[NEPA]'' (44 FR 63524). USPS' existing NEPA regulations in 39 CFR part
775 implemented and adopted the now-rescinded CEQ NEPA regulations.
Part 775 was promulgated to ``implement the [NEPA] regulations (40 CFR
part 1500) issued by the Council on Environmental Quality (CEQ).'' 39
CFR 775.1. A stated policy of USPS' regulations is to interpret and
administer applicable policies, regulations, and public laws of the
United States in accordance with CEQ's NEPA regulations. 39 CFR
775.2(a). The definitions in CEQ's NEPA regulations are incorporated
into USPS' regulations. 39 CFR 775.4. Finally, USPS' NEPA regulations
commit USPS to prepare an environmental impact statement when necessary
under the factors in CEQ's NEPA regulations. 39 CFR 775.5(a).
USPS has revised its NEPA regulations several times, including the
following revisions:
<bullet> 1982 for modification to local notice requirements to
align with CEQ regulations (47 FR 19992);
<bullet> 1983 for modifications due to changes in the
intergovernmental review process (48 FR 29370);
<bullet> 1985 for revisions to environmental assessment process and
a correction (50 FR 32411 and 50 FR 33036);
<bullet> 1990 for revisions to categorical exclusions,
environmental evaluation process, and environmental impact statement
requirements (55 FR 10452);
<bullet> 1998 to modify procedures and categorical exclusions based
upon experience and new policies and infrastructure implemented since
the restructuring of the USPS in 1992 (63 FR 45719);
<bullet> 2000 for revisions to environmental evaluation process (65
FR 41042); and
<bullet> 2014 to amend a categorical exclusion through an interim
final rule with request for comments to make the exclusion more
consistent with the intended scope of covered activities and with
categorical exclusions used by other Federal entities for property
disposals (79 FR 2102 and 79 FR 33095).
USPS has decided that the rescission of CEQ's NEPA regulations and
the recent legislative and judicial developments requires revision of
39 CFR part 775. Moreover, USPS has decided that the flexibility to
respond to new developments in this fast-evolving area of law, afforded
by using non-codified procedures, outweighs the utility of maintaining
its full NEPA procedures as regulations going forward. USPS has decided
to retain certain NEPA procedures in regulation pertaining to the
purpose of the procedures (Section 775.1), defined terms to ensure
clarity (Section 775.2), incorporation of the procedures into USPS
planning (Section 775.3), identification and use of Categorical
Exclusions (Section 775.4), and procedures to address emergencies
(Section 775.5). The remainder of USPS' NEPA procedures are set forth
in USPS's NEPA standard operating procedures to ensure flexibility.
While codified procedures as regulations can provide visibility to the
public, USPS will ensure such visibility simply by posting these
procedures online. By contrast, not maintaining the majority of its
procedures as regulations will enable it to rapidly update these
procedures in response to future court decisions (such as Seven County)
or legislation (such as the FRA and OBBBA).
USPS's new NEPA implementing procedures are a more faithful
implementation of the statute as amended in 2023 and 2025 than its old
procedures. They implement major 2023 amendments, such as deadlines and
page limits for environmental assessments and environmental impact
statements, as directed at NEPA Section 107(g), and provide that USPS
will complete preparation of these documents within the maximum length
and on the timeline that Congress intends. They incorporate Congress's
definition of ``major Federal action'' and the exclusions thereto, as
codified at NEPA Section 111(10). They incorporate Congress's mandated
procedure for determining the appropriate level of review under NEPA,
as codified in NEPA Section 106. In addition, they incorporate
Congress's revision to the requirements for what an agency must address
in its environmental impact statements, as codified at NEPA Section
102(2)(C), and Congress's requirement that public notice and
solicitation of comment be provided when issuing a notice of intent to
prepare an environmental impact statement, as directed at NEPA Section
107(c). All of these are crucial features of Congress's policy design
and its purpose in the
[[Page 60830]]
amendments that NEPA review be more efficient and certain.
USPS's new NEPA implementing procedures also reflect the Supreme
Court's recent and unequivocal statement that NEPA is a purely
procedural statute. USPS is conscious of the Supreme Court's admonition
that NEPA review has grown out of all proportion to its origins as a
``modest procedural requirement,'' creating, ``under the guise of just
a little more process,'' ``[d]elay upon delay, so much so that the
process seems to `borde[r] on the Kafkaesque.' '' Seven County, 145 S.
Ct. at 1513-14 (internal quotation omitted). These procedures,
therefore, attempt to align NEPA with its congressionally mandated
dimensions, reflecting the guidance given also by the President and the
Supreme Court, and making review under it faster, more flexible, and
more efficient.
In reaching this decision, USPS acknowledges that third parties may
claim to have reliance interests in USPS' existing NEPA procedures. But
as the Supreme Court explained, NEPA ``is a purely procedural statute''
that ``imposes no substantive environmental obligations or
restrictions.'' Seven County, 145 S. Ct. at 1507. To the extent any
asserted reliance interests are grounded in substantive environmental
concerns, such interests are entitled to ``no . . . weight.'' Dep't of
Homeland Sec. v. Regents of the Univ. of California, 140 S. Ct. 1891,
1914 (2020).
Because reliance interests are inherently backward-looking, it is
unclear how any party could assert reliance interests in prospective
procedures. To the extent such interests exist, the USPS holds that
they are ``outweigh[ed]'' by ``other interests and policy concerns.''
Id. Namely, the complex web of regulations that preexisted the 2023 and
2025 amendments to NEPA and these new procedures repeatedly ``led to
more agency analysis of separate projects, more consideration of
attenuated effects, more exploration of alternatives to proposed agency
action, more speculation and consultation and estimation and
litigation,'' which in turn has meant that ``[f]ewer projects make it
to the finish line,'' or even ``to the starting line.'' Seven County,
145 S. Ct. at 1513-14. This has increased the cost of projects
dramatically, resulting in systemic harms to America's infrastructure
and economy. Id. Correspondingly, the wholesale revision and
simplification of this regime, effectuated by the revision of USPS'
NEPA procedures and relocation of them to the United States Postal
Service NEPA Standard Operating Procedures, is necessary to ensure
efficient and predictable reviews and will significantly assist USPS'
policy to provide prompt, reliable, and efficient services to patrons
in all areas and to render postal services to all communities. 39
U.S.C. 101(a). This set of policy considerations drastically outweighs
any claimed reliance interests in the preexisting procedures.
USPS has revised its NEPA implementing procedures to conform to the
statutory amendments and to address the pathologies of the NEPA process
and NEPA litigation identified by the Supreme Court.
Where USPS has retained an aspect of its preexisting NEPA
implementing procedures, in guidance or regulation, it is because that
aspect is compatible with these guiding principles; where USPS has
revised or removed an aspect, it is because that aspect is not
compatible.
D. Changes Made in This Interim Final Rule
In 39 CFR part 775, USPS is revising section 775.1, Purpose, to
remove the reference to the CEQ NEPA implementing regulations.
USPS is removing sections 775.2 and 775.3 and renumbering the
Definitions from section 775.4 to be section 775.2 and removing
definitions that are no longer relevant to this Part. Section 775.2 now
incorporates the defined terms in NEPA Sec. 111, 42 U.S.C. 4336e, and
defines additional terms used in the revised regulations. USPS is
adding a new section 775.3, NEPA and Postal Service Planning, to
provide clarity on the applicability of NEPA to USPS actions.
USPS is removing section 775.5 and renumbering the Categorical
Exclusions from section 775.6 to be section 775.4. USPS is revising the
language in this section to provide clarity on the application of the
categorical exclusions. USPS is removing administrative and routine
actions that were included in the categorical exclusions. These types
of actions can now be classified as actions where NEPA does not apply
because they do not fall within the definition of ``major Federal
action'' in Section 110(10) of NEPA, 42 U.S.C. 4336e(10). These actions
have been retained as appendix A for ease of reference and to avoid
confusion. USPS is also modifying several existing categorical
exclusions based upon its experience with the exclusions since they
were established, the amendments to NEPA, and the Supreme Court's
recent decision in Seven County. USPS is adding two new categorical
exclusions relating to its general actions for the procurement and/or
fuel conversion of fuel efficient and reduced emission vehicles and for
processing network actions necessary to improve performance and achieve
operational efficiencies that do not significantly adversely impact
traffic safety, congestion or air quality.
USPS is removing all other sections in part 775 and is adding a new
section for emergency responses numbered as section 775.5, Emergencies.
1. Purpose
The revised section 775.1 removes reference to CEQ's rescinded
NEPA-implementing regulations. The purpose of part 775 is to establish
certain procedures that the Postal Service will use to comply with the
NEPA statute.
2. Definitions
The revised section 775.2 incorporates the definitions in 42 U.S.C.
4336e and sets forth the definitions of additional terms used in part
775.
3. NEPA and Postal Service Planning
The revised section 775.3 clarifies when NEPA applies to a proposed
USPS action consistent with the NEPA statute, as amended. Section 775.3
references a non-exhaustive list of administrative and routine actions
that are not within the scope of NEPA. The list of exempt
administrative and routine actions is contained in Appendix A to part
775.
4. Administrative and Routine Actions Excepted From NEPA Review
39 CFR part 775, Appendix A, identifies actions that are solely
administrative and routine. NEPA does not apply to such actions that
are undertaken to support the normal conduct of USPS business. While
such activities are Federal actions, they are not ``major'' and
therefore not subject to NEPA. These actions are now classified as
actions where NEPA does not apply because they do not fall within the
definition of ``major Federal action'' in Section 110(10) of NEPA, 42
U.S.C. 4336e(10). Most of the actions identified in Appendix A were
previously subject to categorical exclusions, which USPS has now
determined are not major Federal actions. This includes all the actions
in Appendix A except A5, A8, A14, A17, and A18.
5. Categorical Exclusions
In Section 775.4, USPS is revising its procedures for establishing,
revising, adopting, removing, and applying categorical exclusions to a
proposed action to provide clarity to USPS and to align with the NEPA
statute, as amended. Section 775.4(f) also sets forth
[[Page 60831]]
procedures for USPS to rely on categorical exclusion determinations of
other agencies. Categorical exclusions represent those categories of
actions that USPS has determined normally do not significantly affect
the environment. Categorical exclusions provide important efficiency by
ensuring that many agency actions are not subjected to additional NEPA
review and can proceed using the significantly truncated process
identified in the USPS NEPA regulations for determining that a
categorical exclusion applies and ensuring that no ``extraordinary
circumstances'' are present that may affect the significance of
environmental effects of the proposal and thus, would preclude reliance
on the categorical exclusion.
The list of categorical exclusions has been removed from the body
of USPS' NEPA-implementing regulations and is now contained in Appendix
B to part 775. Although USPS is retaining many of the categorical
exclusions from the rescinded regulations, the rule revises the list to
move certain categorical exclusions that addressed administrative and
routine actions excepted from NEPA review to Appendix A to part 775,
which, as noted in the previous section, identifies actions that are
not ``major Federal actions'' within the definition under NEPA and thus
are not subject to NEPA.
Also, certain categorical exclusions are modified based on USPS'
experiences in applying the categorical exclusions since they were
established. Specifically, categorical exclusion B1.b is revised to use
current terminology for the procurement of systems, computers, and
equipment, as well as to include the procurement, installation,
operation, removal of electrical equipment.
Categorical exclusion B1.c. is revised to provide clarity. The
original language in the categorical exclusion limited its
applicability to facility functions not requiring construction in
general, when USPS' procedures required EAs only for certain
construction activities. Moreover, the original language only
recognized a vague ``substantial relocation of employees'' or ``no
substantial increase in the number of motor vehicles at a facility''
without any clarity regarding what is ``substantial'' or recognizing
that employee relocations and vehicle reassignments are often routine
actions that do not fall under NEPA. The revised language clarifies
that facility functions are categorically excluded unless USPS has
determined the action possesses the potential for significant impacts
to the human environment and identifies the need for an environmental
assessment. The categorical exclusion is also modified to reflect that
the list of actions requiring environmental assessments has been moved
to the procedures in United States Postal Service NEPA Standard
Operating Procedures.
Categorical exclusion B1.f. is added to facilitate and encourage
environmental review of its routine vehicle procurements. To fall
within the scope of this exclusion, the new vehicles must have
comparable or improved relative fuel efficiency and comparable or
improved relative air emissions, as compared with the vehicles being
replaced in use or service. This proposed categorical exclusion has
been drafted narrowly to apply only where the vehicles being procured
or converted are environmentally superior in terms of both relative air
emissions and fuel efficiency than the vehicles being replaced. Where
either of the air emission or fuel efficiency factors is not satisfied,
the Postal Service would conduct either an environmental assessment or
environmental impact statement, as appropriate.
Categorical exclusion B1.g. is added to facilitate and encourage
environmental review of its processing network optimizations. Such
network actions are designed to reduce costs that bear a direct
relationship with environmental impacts. For example, lengthening a
service standard or routing transportation through certain hubs allow
for the trucks to be more optimally filled, reducing the total number
of trips and/or miles driven required to deliver the same quantity of
mail and packages. The reduced miles traveled resulting from network
rationalization (including facility consolidations, workforce reduction
and service standard changes) significantly reduced air emissions and
other environmental impacts, such as noise, waste generation and energy
conservation. In the event that a network change would not have neutral
or beneficial impacts, and therefore a potential for significant
environmental impacts, the new categorical exclusion clarifies that
such processing network actions are not eligible for the exclusion.
This categorical exclusion would not apply to actions relating to real
property as such actions are covered under other existing USPS NEPA
procedures or categorical exclusions.
Categorical exclusion B4.g. is revised to treat property disposals
and acquisitions consistently. USPS has already determined that
disposals of property where the planned or reasonably anticipated uses
are similar to existing or surrounding properties are not actions that,
individually or cumulatively, have significant impacts on the
environment (see 79 FR 33095, June 10, 2014). It also now determines
that the same logic applies to situations where USPS acquires a
property when its planned or reasonably anticipated use for the
property is similar to current surrounding uses. USPS also finds that,
as revised, categorical exclusion B4.g. will better comport with
existing categorical exclusion B4.d., which covers the acquisition or
disposal of existing facilities and real property where the planned
uses do not differ significantly from past uses of the site.
Categorical exclusions B4.j., B4.k., and B4.m. are modified to
reflect that the list of actions requiring environmental assessments
has been moved to the procedures in United States Postal Service
National Environmental Policy Act (NEPA) Standard Operating Procedures.
6. Emergency Responses
Finally, USPS is replacing section 775.5 to identify NEPA
procedures for emergencies. The existing procedures did not account for
emergency situations that require alternative arrangements. Now, USPS
can take necessary action with reasonably foreseeable significant
environmental effects without observing its NEPA procedures, so long as
USPS consults with CEQ about alternative arrangements for compliance
with NEPA.
II. USPS Solicits Comments
The Administrative Procedure Act does not apply to this action (5
U.S.C. 553(a)(2); 39 U.S.C. 410(a)), which is being taken pursuant to
the Postal Service's general rulemaking authority under 39 U.S.C.
401(2). Nevertheless, the Postal Service has elected voluntarily to
solicit comments on the revision of 39 CFR part 775.
Note that this interim final rule is effective upon its date of
publication in the Federal Register. The Postal Service will review any
comments received during the 30-day comment period. Following the
expiration of the comment period, the Postal Service may make further
revisions to this action if the Postal Service's review of any comments
submitted suggests that further revisions are warranted.
List of Subjects in 39 CFR Part 775
Environmental impact statements.
For the reasons stated in the preamble, 39 CFR part 775 is revised
to read as follows:
[[Page 60832]]
PART 775--NATIONAL ENVIRONMENTAL POLICY ACT PROCEDURES
Sec.
775.1 Purpose.
775.3 NEPA and Postal Service planning.
775.4 Categorical exclusions.
775.5 Emergencies.
775.6 through 775.14 [Reserved]
Appendix A to Part 775--Administrative and Routine Actions Excepted
from NEPA Review
Appendix B to Part 775--Categorical Exclusions
Authority: 39 U.S.C. 401; 42 U.S.C. 4321 et seq.
Sec. 775.1 Purpose.
The purpose of this part is to establish certain procedures that
the United States Postal Service (Postal Service) shall use to comply
with the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C.
4321 et seq.), as amended.
Sec. 775.2 Definitions.
As used in this part, terms have the meanings provided in NEPA
section 111, 42 U.S.C. 4336e. In addition:
(a) NEPA means the National Environmental Policy Act, as amended
(42 U.S.C. 4321, et seq.).
(b) Authorization means any license, permit, approval, finding,
determination, or other administrative decision issued by an agency
that is required or authorized under Federal law in order to implement
a proposed action.
(c) Connected action means a separate Federal action within the
authority of the Postal Service that is closely related to the proposed
action and should be addressed in a single NEPA document because the
proposed action:
(1) Automatically triggers the separate Federal action, which
independently would require the preparation of additional NEPA
documents;
(2) Cannot proceed unless the separate Federal action is taken
previously or simultaneously; or
(3) Is an interdependent part of a larger Federal action that
includes a separate Federal action, which mutually depend on the larger
Federal action for their justification.
(d) Effects or impacts means changes to the human environment from
the proposed action or alternatives that are reasonably foreseeable and
have a reasonably close causal relationship to the proposed action or
alternatives.
(1) Effects include ecological (such as the effects on natural
resources and on the components, structures, and functioning of
affected ecosystems), aesthetic, historic, cultural, economic (such as
the effects on employment), social, or health effects. Effects
appropriate for analysis under NEPA may be either beneficial or
adverse, or both, with respect to these values.
(2) A ``but for'' causal relationship is insufficient to make an
agency responsible for a particular effect under NEPA. Effects should
generally not be considered if they are remote in time, geographically
remote, or the product of a lengthy causal chain. Effects do not
include those effects that the agency has no ability to prevent due to
the limits of its regulatory authority or that would occur regardless
of the proposed action.
(e) Human environment means comprehensively the natural and
physical environment and the relationship of Americans with that
environment. (See also the definition of ``effects'' in paragraph (c)
of this section.)
(f) Jurisdiction by law means agency authority to approve, veto, or
finance all or part of the proposal.
(g) Record of Environmental Consideration (REC) means the Postal
Service form that identifies the Postal Service's review of proposed
activities under NEPA.
(h) Related action means an action undertaken by an agency, e.g., a
permitting action, some other type of authorization action, an analysis
required by statute, or the like, that bears a relationship to other
actions undertaken by other agencies relevant to NEPA, e.g., that is an
independent part of a larger action and depends on the larger action
for its justification.
(i) Reasonably foreseeable means sufficiently likely to occur such
that a person of ordinary prudence would take it into account in
reaching a decision.
Sec. 775.3 NEPA and Postal Service planning.
The Postal Service will determine that NEPA does not apply to a
proposed action when:
(a) The activity or decision does not result in final action;
(b) The proposed activity or decision is exempted from NEPA by law;
(c) Compliance with NEPA would clearly and fundamentally conflict
with the requirements of another provision of law;
(d) In circumstances where Congress by statute has prescribed
decisional criteria with sufficient completeness and precision such
that the Postal Service retains no residual discretion to alter its
action based on the consideration of environmental factors, then that
function of the Postal Service is nondiscretionary within the meaning
of NEPA sec. 106(a)(4) and/or sec. 111(10)(B)(vii) (42 U.S.C.
4336(a)(4) and 4336e(10)(B)(vii), respectively), and NEPA does not
apply to the action in question;
(e) The proposed action is an action for which another statute's
requirements serve the function of agency compliance with NEPA; or
(f) The proposed action is not a ``major Federal action.'' In
addition to the illustrative general categories set forth in NEPA sec.
111(10), 42 U.S.C. 4336e(10), the Postal Service has determined that
the non-exhaustive list of the Postal Service's activities identified
in appendix A to this part are not subject to NEPA because they
presumptively do not meet the definition of a ``major Federal action.''
Sec. 775.4 Categorical exclusions.
(a) Generally. This section describes the process the Postal
Service uses for establishing and revising categorical exclusions, for
adopting other agencies' categorical exclusions, for removing
categorical exclusions, and for applying categorical exclusions to a
proposed action. The Postal Service's categorical exclusions, including
categorical exclusions the Postal Service established and substantiated
consistent with its NEPA procedures, legislative categorical
exclusions, and categorical exclusions adopted from other agencies, are
listed in appendix B to this part.
(b) Establishing and revising categorical exclusions. To establish
or revise a categorical exclusion, the Postal Service will determine
that the category of actions normally does not significantly affect the
quality of the human environment. In making this determination, the
Postal Service will:
(1) Develop a written record containing information to substantiate
its determination;
(2) Consult with CEQ on its proposed categorical exclusion,
including the written record, prior to providing public notice as
described in paragraph (b)(3) of this section; and
(3) Provide public notice in the Federal Register of the Postal
Service's establishment or revisions of the categorical exclusion and
the location (e.g., website) of availability of the written record.
(c) Adopting categorical exclusions from other Federal agencies.
Consistent with NEPA sec. 109, 42 U.S.C. 4336c, the Postal Service may
adopt a categorical exclusion listed in another agency's NEPA
procedures. When adopting a categorical exclusion, the Postal Service
will:
(1) Identify the categorical exclusion listed in the agency's NEPA
procedures that covers its category of proposed or related actions;
[[Page 60833]]
(2) Consult with the agency that established the categorical
exclusion to ensure that the proposed adoption of the categorical
exclusion is appropriate;
(3) Provide public notification in the Federal Register of the
categorical exclusion that the Postal Service is adopting, including a
brief description of the proposed action or category of proposed
actions to which the Postal Service intends to apply the adopted
categorical exclusion, a brief summary of the consultation with the
originating agency, and the list of extraordinary circumstances that
will apply; and
(4) Document the adoption of the categorical exclusion in appendix
B to this part.
(d) Removal of categorical exclusions. To remove a categorical
exclusion from appendix B to this part, the Postal Service will:
(1) Develop a written justification for the removal;
(2) Consult with CEQ on its proposed removal of the categorical
exclusion, including the written justification, prior to providing
public notice as described in paragraph (d)(3) of this section; and
(3) Provide public notice of the Postal Service's removal of the
categorical exclusion and the written justification in the Federal
Register.
(e) Applying categorical exclusions. If the Postal Service
determines that one or more categorical exclusions cover a proposed
action, the Postal Service will evaluate the action for extraordinary
circumstances that indicate a normally excluded action is likely to
have a reasonably foreseeable significant adverse effect.
(1) If an extraordinary circumstance is not present, the Postal
Service will determine that the categorical exclusion applies to the
proposed action and conclude review.
(2) The Postal Service will determine that the categorical
exclusion applies to the proposed action and conclude review if the
Postal Service either:
(i) Determines that, notwithstanding the extraordinary
circumstance, the proposed action is not likely to result in reasonably
foreseeable adverse significant effects; or
(ii) Modifies the proposed action to avoid those effects.
(3) The Postal Service will document in a Record of Environmental
Consideration (REC) its evaluation of the applicability of one or more
categorical exclusions listed in appendix B to this part for actions
that may have extraordinary circumstances. Some of the categorical
exclusions listed in appendix B cover actions for which there are no
reasonable expectations of any changes in use or other changes that
could cause an environmental impact and/or have little or no potential
for extraordinary circumstances. These are designated with an asterisk
(*) in appendix B. When using a categorical exclusion for these
actions, the Postal Service may prepare a simple written record (which
may already be included in documentation prepared during the course of
normal project development) that a specific categorical exclusion was
determined to apply to a proposed action. Proprietary or confidential
financial or trade information will be redacted and/or removed from any
documentation of a categorical exclusion determination under this
section.
(4) If the Postal Service determines that it cannot apply the
categorical exclusion to the proposed action, the Postal Service will
prepare an environmental assessment or environmental impact statement,
as appropriate.
(f) Reliance on categorical exclusion determinations of other
agencies. The Postal Service may also rely on another agency's
determination that a categorical exclusion applies to a particular
proposed action if the agency action covered by that determination and
the Postal Service's proposed action are substantially the same, or if
the Postal Service's proposed action is a subset of the agency action
covered by that determination. The Postal Service will document its
reliance on an agency's categorical exclusion determination in a REC.
(g) List of categorical exclusions. The Postal Service has
established the categorical exclusions in appendix B to this part.
Sec. 775.5 Emergencies.
Where emergency circumstances make it necessary to take an action
with reasonably foreseeable significant environmental effects without
observing the provisions of these procedures, the Postal Service will
consult with the CEQ about alternative arrangements for compliance with
NEPA sec. 102(2)(C), 42 U.S.C. 4332(2)(C).
Sec. Sec. 775.6 through 775.14 [Reserved]
Appendix A to Part 775--Administrative and Routine Actions Excepted
From NEPA Review
Table of Contents
A1 Routine Postal Service Policy Development
A2 Routine Postal Service Actions
A3 Personnel Actions
A4 Awards of Certain Contracts
A5 Clarifying or Administrative Contract Actions
A6 Research, Studies, and Data Collection
A7 Education and Training
A8 Procedural Documents
A9 Postal and Mail Actions
A10 Legal Activities
A11 Trade Representation and Market Development
A12 Emergency Preparedness
A13 Equipment Procurement or Disposal
A14 Disposal of Routinely Generated Wastes
A15 Waste Minimization Operations
A16 Procedural Rulemakings and Interpretations and Rulings With
Existing Regulations
A17 International Postal Agreements
A18 Approval of Technical Exchange Arrangements
A1 Routine Postal Service Policy Development
Policy development, planning and implementation that relate to
routine activities such as personnel, organizational changes or
similar administrative functions.
A2 Routine Postal Service Actions
Routine actions, including the management of programs or
activities necessary to support the normal conduct of agency
business, such as administrative, financial, operational and
personnel action that involve no commitment of resources other than
manpower and funding allocations.
A3 Personnel Actions
Reduction in force resulting from workload adjustments, reduced
personnel or funding levels, skill imbalances or other similar
causes that do not affect more than 1,000 positions.
A4 Awards of Certain Contracts
Award of contracts for technical support services, management
and operation of a government owned facility, and personal services.
A5 Clarifying or Administrative Contract Actions
Contract interpretations, amendments, and modifications that are
clarifying or administrative in nature.
A6 Research, Studies, and Data Collection
Research activities and studies and routine data collection when
such actions are clearly limited in context and intensity.
A7 Education and Training
Educational and informational programs and activities.
A8 Procedural Documents
Administrative, organizational, or procedural Policies, Orders,
Notices, Manuals, and Guides.
A9 Postal and Mail Actions
Postal rate or mail classification actions, address information
system changes, post office name and zip code changes.
A10 Legal Activities
Property protection, law enforcement and other legal activities
undertaken by the Postal Inspection Service, the Law Department, the
Judicial Officer, and the Inspector General.
[[Page 60834]]
A11 Trade Representation and Market Development
Activities related to trade representation and market
development activities.
A12 Emergency Preparedness
Emergency preparedness planning activities, including
designation of on-site evacuation routes.
A13 Equipment Procurement or Disposal
Procurement or disposal of mail handling or transport equipment.
A14 Disposal of Routinely Generated Wastes
Disposal of routinely generated wastes, including equipment, in
compliance with Federal, State, and local laws.
A15 Waste Minimization Operations
Operational changes at an existing facility to minimize waste
generation and for reuse of materials. These changes include but are
not limited to, adding filtration and recycling systems to allow
reuse of vehicle or machine oil, setting up sorting areas to improve
process efficiency, and segregating waste streams previously mingled
and assigning new identification codes to the two resulting streams.
A16 Procedural Rulemakings and Interpretations and Rulings With
Existing Regulations
Rulemakings that are strictly procedural, and interpretations
and rulings with existing regulations, or modifications or
rescissions of such interpretations and rulings.
A17 International Postal Agreements
Approval of Postal Service participation in international postal
agreements that would not commit the Postal Service to any specific
projects or activities.
A18 Approval of Technical Exchange Arrangements
Approval of technical exchange arrangements for information,
data, or personnel with other countries or international
organizations.
Appendix B to Part 775--Categorical Exclusions
Table of Contents
B1 Categorical Exclusions Relating to General Postal Service Actions
B2 Categorical Exclusions Relating to Emergency or Restoration
Actions
B3 Categorical Exclusions Relating to Maintenance or Repair Actions
at Existing Facilities
B4 Categorical Exclusions Relating to Real Estate Actions
See Sec. 775.4(e)(3) for categorical exclusions with an
asterisk (*)
B1 Categorical Exclusions Relating to General Postal Service Actions
(a) Minor reassignment of motor vehicles and purchase or
deployment of motor vehicles to new locations that do not have
significant adverse impacts to traffic safety, congestion or air
quality.
(b) Procurement, installation, operation, removal or disposal of
communication systems, computers, data processing equipment, and
electrical equipment.*
(c) Postal facility function changes, unless the proposed action
is listed as requiring an environmental assessment (EA) in the
Postal Service's procedures implementing the National Environmental
Policy Act (NEPA).
(d) Closure or consolidation of post offices under 39 U.S.C.
404(d).
(e) Actions which have an insignificant effect upon the
environment as established in a previously written EA and Finding of
No Significant Impact (FONSI) or Environmental Impact Statement
(EIS). Such repetitive actions shall be considered ``reference
actions'' and a record of all decisions concerning these ``reference
actions'' shall be maintained by the Chief Environmental Officer or
designee. The proposed action must be essentially the same in
context and the same or less in intensity or create fewer impacts
than the ``reference action'' previously studied under an EA or EIS
in order to qualify for this exclusion.
(f) Procurement and/or fuel conversion of vehicles, whether
owned or leased, where the vehicles being procured or converted have
both: (i) comparable or improved relative fuel efficiency and (ii)
comparable or lower relative air emissions, as compared with the
vehicles they are replacing in use or service, whether due to
vehicle replacement, route growth or change in business needs.
(g) Processing network actions necessary to improve performance
and achieve operational efficiencies, including service standard
changes and route optimization, that do not significantly adversely
impact traffic safety, congestion or air quality.
B2 Categorical Exclusions Relating to Emergency or Restoration Actions
(a) Any cleanup, remediation or removal action conducted under
the provisions of the Comprehensive Environmental Response
Compensation and Liability Act (CERCLA) or the Resource Conservation
and Recovery Act (RCRA), any asbestos abatement actions regulated
under the provisions of the Occupational Safety and Health Act
(OSHA), or the Clean Air Act or any PCB transformer replacement or
any lead based paint abatement actions regulated under the
provisions of the Toxic Substances Control Act (TSCA), OSHA or
RCRA.*
(b) Testing associated with environmental cleanups or site
investigations.*
B3 Categorical Exclusions Relating to Maintenance or Repair Actions at
Existing Facilities
(a) Siting, construction or operation of temporary support
buildings or support structures.
(b) Routine maintenance and minor activities, such as fencing,
that occur in floodplains or state and local wetlands or pursuant to
the nationwide, regional or general permitting process of the US
Army Corps of Engineers.*
(c) Routine actions normally conducted to protect and maintain
properties and which do not alter the configuration of the
building.*
(d) Changes in configuration of buildings required to promote
handicapped accessibility pursuant to the Architectural Barriers
Act.*
(e) Repair to, or replacement in kind or equivalent of building
equipment or components (e.g., electrical distribution, HVAC
systems, doors, windows, roofs, etc.).*
(f) Internal modifications or improvements to structure, or
buildings to accommodate mail processing, computer, communication or
other similar types of equipment or other actions which do not
involve modification to the external walls of the facility.*
(g) Joint development and/or joint use projects that only
involve internal modifications to an existing facility.
(h) Noise abatement measures, such as construction of noise
barriers and installation of noise control materials.
(i) Actions which require concurrence or approval of another
Federal agency where the action is a categorical exclusion under the
NEPA regulations of that Federal agency.
B4 Categorical Exclusions Relating to Real Estate Actions
(a) Obtaining, granting, disposing, or changing of easements,
licenses and permits, rights-of-way and similar interests.
(b) Extension, renewal, renegotiation, or termination of
existing lease agreements.*
(c) Purchase of Postal Service occupied leased property where
the planned postal uses do not differ significantly from the past
uses of the site.
(d) Acquisition or disposal of existing facilities and real
property where the planned uses do not differ significantly from
past uses of the site.
(e) Disposal through sale or outlease of unimproved real
property.
(f) Disposal through sale, outlease, transfer or exchange of
real property to other Federal or State agencies.
(g) Disposal or acquisition, whether through sale, lease,
outlease, transfer or exchange, of properties where the size, area,
topography, and zoning are similar to existing surrounding
properties and/or where current, planned or reasonably anticipated
uses are or would be similar to current surrounding uses (e.g.,
commercial store in a commercial strip, warehouse in an urban
complex, office building in downtown area, or parking lot in an
urban area).
(h) Acquisition of real property not connected to specific
facility plans or when necessary to protect the interests of the
Postal Service in advance of final project approval. This
categorical exclusion only applies to the acquisition. Any
subsequent use of the site for a facility project must be considered
under this part.
(i) Acquisition and disposal through sale, lease, transfer,
reservation or exchange of real property for nature and habitat
preservation, conservation, a park or wildlife management.
(j) New construction of Postal Service owned or leased, or joint
development and joint use projects, of any facility unless the
proposed action is listed as requiring an EA in the Postal Service's
NEPA procedures.
(k) Expansion or improvement of an existing facility where the
expansion is within the boundaries of the site or occurs in a
previously developed area unless the proposed action is listed as
requiring an EA in the Postal Service's NEPA procedures.
[[Page 60835]]
(l) Construction and disturbance pursuant to a nationwide,
regional or general permit issued by the US Army Corps of Engineers.
(m) Any activity in floodplains being regulated pursuant to part
776 of this chapter and is not listed as requiring an EA in the
Postal Service's NEPA procedures.
Daria Schildkraut,
Attorney, Ethics and Legal Compliance.
Note: The following appendix will not appear in the Code of
Federal Regulations.
Appendix--National Environmental Policy Act (NEPA) Standard Operating
Procedures
United States Postal Service
National Environmental Policy Act (NEPA) Standard Operating Procedures
September 2026
Table of Contents
1.0 Standard Operating Procedures
2.0 Responsibilities and Authority
3.0 NEPA and Postal Service Planning
4.0 NEPA and Postal Service Decisionmaking
5.0 Categorical Exclusions
6.0 Environmental Assessments
7.0 Findings of No Significant Impact
8.0 Lead and Cooperating Agencies
9.0 Notices of Intent and Scoping
10.0 Environmental Impact Statements
11.0 Efficient Environmental Reviews
12.0 Definitions
13.0 Severability
1.0 Standard Operating Procedures
1.1 Purpose
The purpose of these procedures is to integrate the National
Environmental Policy Act (NEPA) into the Postal Service's decision-
making processes. Specifically, the procedures: describe the process
by which the Postal Service determines what actions are subject to
NEPA's procedural requirements and the applicable level of NEPA
review; ensure that relevant environmental information is identified
and considered early in the process in order to ensure informed
decision making; enable the Postal Service to conduct coordinated,
consistent, predictable and timely environmental reviews; reduce
unnecessary burdens and delays; and implement NEPA's mandates
regarding lead and cooperating agency roles and page and time
limits.
1.2 Procedural and Interpretive Rule
This document sets forth the Postal Service's procedures and
practices for implementing NEPA. It further explains the Postal
Service's interpretation of certain key terms in NEPA. It does not,
nor does it intend to, govern the rights and obligations of any
party outside the Federal government. It does, however, establish
the procedures under which the Postal Service will typically fulfill
its requirements under NEPA.
1.3 Consultation With the Council on Environmental Quality
(``CEQ'')
In addition to the process for establishing or revising
categorical exclusions set forth in Sec. 775.4, the Postal Service
will consult with CEQ while developing or revising their proposed
NEPA implementing procedures, in accord with NEPA Sec. 102(2)(B),
42 U.S.C. 4332(B).
2.0 Responsibilities and Authority
2.1 Responsibilities
The Postal Service's Chief Environmental Officer is responsible
for the overall development of policy regarding NEPA and other
environmental policies.
2.2 Authority
NEPA imposes certain procedural requirements on the exercise of
the Postal Service's existing legal authority in relevant
circumstances. Nothing contained in these procedures is intended or
should be construed to limit the Postal Service's other authorities
or legal responsibilities.
3.0 NEPA and Postal Service Planning
3.1 Determining When NEPA Applies
The Postal Service's regulations for determining when NEPA
applies to action are set forth in 39 CFR 775.3. To determine
whether an action is a ``major Federal action'' under NEPA (42
U.S.C. 4336e(10)), the terms ``major'' and ``federal action,'' each
have independent force. NEPA applies only when both of these two
criteria are met. While such a determination is inherently bound up
in the facts and circumstances of each individual situation, and is
thus reserved to the judgment of the Postal Service in each
instance, the Postal Service provides its officers and the public at
large with the following interpretive guidance:
The Postal Service will presume, on the basis of its experience,
that the types of action listed in Appendix B to 39 CFR part 775 and
in Section 6.3 of these procedures are generally ``major.''
NEPA does not apply to ``non-Federal actions.'' Therefore, under
the terms of the statute, NEPA does not apply to actions with no or
minimal Federal funding, or with no or minimal Federal involvement
where a Federal agency cannot control the outcome of the project.
NEPA Sec. 111(10)(B)(i), 42 U.S.C. 4336e(10)(B)(i). A but-for
causal relationship is insufficient to make an agency responsible
for a particular action under NEPA. Minimal Federal funding or
involvement, which may in a causal sense be a but-for cause of an
action, does not by itself convert that action into a Federal action
within the meaning of the language of the statute.
3.2 Determining the Appropriate Level of NEPA Review
1. If the Postal Service determines under Section 3.1 and 39
C.F.R 775.3 that NEPA applies to a proposed activity or decision,
the Postal Service will then determine the appropriate level of NEPA
review in the following sequence and manner. At all steps in the
following process, the Postal Service will consider the proposed
action or project at hand and its effects.
a. If the Postal Service has established, or adopted pursuant to
NEPA Sec. 109, 42 U.S.C. 4336c, a categorical exclusion that covers
the proposed action, the Postal Service will analyze whether to
apply the categorical exclusion to the proposed action and apply the
categorical exclusion, if appropriate, pursuant to 39 CFR 775.4.
b. If an agency has already established a categorical exclusion
that covers the proposed action, the Postal Service will consider
whether to adopt that exclusion pursuant to 39 CFR 775.4(c) so that
it can be applied to the proposed action at issue, and to future
activities or decisions of that type.
c. If the proposed action warrants the establishment of a new
categorical exclusion, or the revision of an existing categorical
exclusion, pursuant to 39 CFR 775.4(b), the Postal Service will
consider whether to so establish or revise, and then apply the
categorical exclusion to the proposed action pursuant to 39 CFR
775.4(e).
d. If the Postal Service cannot apply a categorical exclusion to
the proposed action consistent with paragraph 1.(a-c), the Postal
Service will consider the proposed action's reasonably foreseeable
effects consistent with paragraph 2. of this Subsection, and then
will:
<bullet> if the proposed action is not likely to have reasonably
foreseeable significant effects or the significance of the effects
is unknown, develop an environmental assessment, as described in
Section 6.0 below; or
<bullet> if the proposed action is likely to have reasonably
foreseeable significant effects, develop an environmental impact
statement, as described in Section 10.0 below.
2. When considering whether the reasonably foreseeable effects
of the proposed action are significant, the Postal Service will
analyze the potentially affected environment and degree of the
effects of the action. The Postal Service may use any reliable data
source and will not undertake new research unless it is essential to
evaluating alternatives and the cost and time of obtaining it are
not unreasonable.
a. In considering the potentially affected environment, the
Postal Service may consider, as appropriate to the specific action,
the affected area (national, regional, or local) and its resources.
b. In considering the degree of the effects, the Postal Service
may consider the following, as appropriate to the specific action:
<bullet> Both short- and long-term effects.
<bullet> Both beneficial and adverse effects.
<bullet> Effects on public health and safety.
<bullet> Economic effects.
<bullet> Effects on the quality of life of the American people.
4.0 NEPA and Postal Service Decisionmaking
4.1 Planning and Early Coordination
Early planning and coordination among postal functional groups
is required to properly consider environmental issues that may be
attributable to the proposed action. Operational and facility
personnel must cooperate in the early concept stages of a program or
project. If it is determined that more than one postal functional
group will be involved in any action, a lead organization will be
selected to complete the NEPA process before any NEPA documents are
prepared.
[[Page 60836]]
4.2 Limitations on Actions During the NEPA Process
Until the Postal Service issues a record of decision or finding
of no significant impact, or makes a categorical exclusion
determination, as applicable, the Postal Service will take no action
concerning a proposal that would:
1. have an adverse environmental effect; or
2. limit the choice of reasonable alternatives.
5.0 Categorical Exclusions
5.1 General
Categorical exclusions are actions that the Postal Service has
determined do not normally have a significant impact on the human
environment. To be categorically excluded, it must be determined
that a proposed action fits within a class listed and there are no
extraordinary circumstances that may affect the significance of
environmental effects of the proposal. The action must not be
connected to other actions with potentially significant impacts or
is not related to other proposed actions with potentially
significant impacts. Extraordinary circumstances are those unique
situations presented by specific proposals, such as scientific
controversy about the environmental impacts of the proposal,
uncertain effects or effects involving unique or unknown risks.
5.2 List of Categorical Exclusions
A list of categorical exclusions is contained in Appendix B to
39 CFR part 775.
6.0 Environmental Assessments
6.1 Generally
If an action is subject to NEPA, as determined following these
procedures, and unless the Postal Service finds that the proposed
action is excluded from having to prepare an environmental
assessment or environmental impact statement pursuant to a
categorical exclusion as determined following these procedures, or
by another provision of law, the Postal Service will prepare an
environmental assessment with respect to a proposed action that does
not have a reasonably foreseeable significant effect on the quality
of the human environment, or if the significance of such effect is
unknown. Environmental assessments are to be concise. NEPA Sec.
106(b)(2); 42 U.S.C. 4336(b)(2).
6.2 Elements
For the purpose of providing evidence and analysis for
determining whether to prepare an environmental impact statement or
a finding of no significant impact, environmental assessments:
1. Briefly discuss the:
a. Purpose and need for the proposed action based on the Postal
Service's statutory authority;
b. Alternatives to the extent required by NEPA Sec. 102(2)(H),
42 U.S.C. 4332(2)(H); and
c. The reasonably foreseeable effects of the proposed action and
the alternatives considered.
In preparing the environmental assessment, the Postal Service
will focus its analysis on whether the environmental effects of the
action or project at hand are significant. Similarly, the Postal
Service will document in the environmental assessment where and how
it drew a reasonable and manageable line relating to its
consideration of any environmental effects from the action or
project at hand that extend outside the geographical territory of
the project or might materialize later in time.
6.3 Actions Normally Requiring an Environmental Assessment
The following classes of actions normally require environmental
assessments, but likely do not require an environmental impact
statement:
1. Proposed actions that do not fall under a categorical
exclusion, but with respect to which there is no clear indication
that significant effects will result;
2. Proposed actions typically covered by a categorical exclusion
but that involve an extraordinary circumstance, where the presence
of the extraordinary circumstance prevents the Postal Service from
applying the categorical exclusion under 39 CFR 775.4;
3. Any action that would adversely affect a federally listed
threatened or endangered species or its habitat;
4. Any action that would directly affect public health;
5. Any action that would require development within park lands,
or be located in close proximity to a wild or scenic river or other
ecologically critical area;
6. Any action that may have highly uncertain or unknown risks on
the human environment;
7. Any action that threatens a violation of applicable federal,
state, or local law or requirements imposed for the protection of
the environment;
8. New construction of a facility with vehicle bulk fuel
dispensing capabilities, whether owned or leased;
9. Acquisition or lease of an existing building involving new
uses or a change in use resulting in more severe adverse
environmental impacts than the prior use; and
10. Relocation of 300 or more employees from a single facility
more than 50 miles.
6.4 Page Limits
The text of an environmental assessment is strictly prohibited
from exceeding 75 pages, not including citations or appendices.
1. Appendices are to be used for voluminous materials, such as
scientific tables, collections of data, statistical calculations,
and the like, which substantiate the analysis provided in the
environmental assessment or environmental impact statement.
Appendices are not to be used to provide additional substantive
analysis, because that would circumvent the congressionally mandated
page limits.
2. Environmental assessments will be formatted for an 8.5'' x
11'' page with one-inch margins using a word processor with 12-point
proportionally spaced font, single spaced. Footnotes may be in 10-
point font. Such size restrictions do not apply to explanatory maps,
diagrams, graphs, tables, and other means of graphically displaying
quantitative or geospatial information, although pages containing
such material do count towards the page limit. When an item of
graphical material is larger than 8.5'' x 11'', each such item will
count as one page.
3. Certification Related to Page Limits. The breadth and depth
of analysis in an environmental assessment will be tailored to
ensure that the environmental analysis does not exceed this page
limit. In this regard, as part of the finalization of the
environmental assessment, a responsible official will certify (and
the certification will be incorporated into the environmental
assessment) that the Postal Service has considered the factors
mandated by NEPA; that the environmental assessment represents the
Postal Service's good-faith effort to prioritize documentation of
the most important considerations required by the statute within the
congressionally mandated page limits; that this prioritization
reflects the Postal Service's expert judgment; and that any
considerations addressed briefly or left unaddressed were, in the
Postal Service's judgment, comparatively not of a substantive nature
that meaningfully informed the consideration of environmental
effects and the resulting decision on how to proceed.
6.5 Deadlines
The Postal Service will complete the environmental assessment
not later than 1 year after either the date on which it determines
that NEPA requires the preparation of an environmental assessment
with respect to such action or the date on which the Postal Service
issues a notice of intent to prepare the environmental assessment
for such action, whichever is earliest.
1. The environmental assessment will publish (unless the
deadline is extended pursuant to the provision below), at the
latest, on the day the deadline elapses, in as substantially
complete form as is possible.
2. Deadline extensions. If the Postal Service determines it is
not able to meet the deadline, it may establish a new deadline for
cause. Cause for establishing a new deadline is only established if
the environmental assessment is so incomplete, at the time at which
the Postal Service determines it is not able to meet the statutory
deadline and that issuance pursuant to paragraph 1. above would, in
the Postal Service's view, result in inadequate analysis. Such new
deadline must provide only so much additional time as is necessary
to complete such environmental assessment. The announcement of the
new deadline will specify the reason why the environmental
assessment was not able to be completed under the statutory
deadline.
3. Certification Related to Deadline. When the environmental
assessment is published, a responsible official will certify (and
the certification will be incorporated into the environmental
assessment) that the resulting environmental assessment represents
the Postal Service's good-faith effort to fulfill NEPA's
requirements within the Congressional timeline; that such effort is
substantially complete; that, in the Postal Service's expert
opinion, it has thoroughly considered the factors mandated by NEPA;
and that, in the Postal Service's judgment,
[[Page 60837]]
the analysis contained therein is adequate to inform and reasonably
explain the Postal Service's final decision regarding the proposed
Federal action.
7.0 Findings of No Significant Impact
7.1 Preparation
The Postal Service will prepare a finding of no significant
impact if it determines, based on an environmental assessment, not
to prepare an environmental impact statement because the proposed
action or project at hand will not have significant effects. The
finding of no significant impact will:
1. Reference the environmental assessment. The environmental
assessment may be included in the finding if it is short, in which
case the discussion in the assessment need not be repeated in the
finding;
2. Document the reasons why the Postal Service has determined
that the proposed action or project at hand will not have a
significant effect on the quality of the human environment;
3. State the authority for any mitigation that the Postal
Service has adopted and any applicable monitoring or enforcement
provisions. If the Postal Service finds no significant effects based
on mitigation, the mitigated finding of no significant impact will
state any mitigation requirements enforceable by the agency or
voluntary mitigation commitments that will be undertaken to avoid
significant effects;
4. Identify any other NEPA documents related to the finding of
no significant impact; and
5. State that an environmental impact statement will not be
prepared for the proposed action or project at hand, concluding the
NEPA process for that action.
7.2 Publication of Environmental Assessments and Findings of No
Significant Impacts
The Postal Service will make each environmental assessment and
finding of no significant impact available to the public by posting
on its website. During the process of preparing the environmental
assessment, the Postal Service may publish draft, predecisional
materials as in its judgment may assist in fulfilling its
responsibilities under NEPA, the Postal Service's regulations in 39
CFR part 775, and this guidance. However, proprietary or
confidential financial or trade information will be redacted and/or
removed from publicly available environmental assessments or
findings of no significant impacts.
8.0 Lead and Cooperating Agencies
8.1 Designation of Cooperating Agency
The Postal Service may, in its discretion, designate any
Federal, State, Tribal, or local agency that has jurisdiction by law
or special expertise with respect to any environmental impact
involved in a proposal to serve as a cooperating agency.
8.2 Designation of Lead Agency
A proposed activity or decision may entail activities or
decisions undertaken by other federal agencies. These activities and
decisions are ``related actions,'' in that they are each the
responsibility of a particular agency but they are all
interdependent parts of a larger action and depend on the larger
action for their justification. In such instances, Congress has
provided that the multiple agencies involved shall determine which
of them will be the lead agency pursuant to the criteria identified
in NEPA Sec. 107(a)(1)(A), 42 U.S.C. 4336a(a)(1)(A).
8.3 Postal Service Serving as Lead Agency
When serving as the lead agency, the Postal Service is
ultimately responsible for completing the NEPA process; when serving
as the lead agency, the Postal Service will also determine and
document the scope of the project at hand. When a joint lead
relationship is established pursuant to NEPA Sec. 107(a)(1)(B), 42
U.S.C. 4336a(a)(1)(B), the Postal Service and the other joint lead
agency or agencies are collectively responsible for completing the
NEPA process.
8.4 Cooperation With Lead Agency
When another agency is the lead agency, the Postal Service will
cooperate in the NEPA process.
9.0 Notices of Intent and Scoping
9.1 Notice of Intent
As soon as practicable after determining that a proposal is
sufficiently developed to allow for meaningful public comment and
requires an environmental impact statement, the Postal Service will
publish a notice of intent to prepare an environmental impact
statement. If the Postal Service determines that it will prepare an
environmental assessment for a proposed action, the Postal Service
may publish notice of intent to publish an environmental assessment.
9.2 Request for Public Comment
The notice of intent for an environmental impact statement will
include a request for public comment on alternatives or effects and
on relevant information, studies, or analyses with respect to the
proposed action. NEPA Sec. 107(c); 42 U.S.C. 4336a(c).
9.3 Contents of Notice of Intent
In addition to a request for comment required for notices of
intent for environmental impact statements, notice of intent for any
NEPA document may include:
1. The purpose and need for the proposed action;
2. A preliminary description of the proposed action and
alternatives the environmental impact statement will consider;
3. A brief summary of expected effects;
4. Anticipated permits and other authorizations (i.e.,
anticipated related actions);
5. A schedule for the decision-making process;
6. A description of the public scoping process, including any
scoping meeting(s);
7. Contact information for a person within the Postal Service
who can answer questions about the proposed action and the
environmental impact statement; and
8. Identification of any cooperating and participating agencies
(i.e., agencies responsible for related actions), and any
information that such agencies require in the notice to facilitate
their decisions or authorizations.
9.4 Scoping
The Postal Service may use an early and open process to
determine the scope of issues for analysis in an NEPA document,
including identifying substantive issues that meaningfully inform
the consideration of environmental effects and the resulting
decision on how to proceed, and eliminating from further study non-
substantive issues. Scoping may begin as soon as practicable after
the proposal for action is sufficiently developed for consideration.
Scoping may include appropriate pre-application procedures or work
conducted prior to publication of the notice of intent.
10.0 Environmental Impact Statements
10.1 Preparation of Environmental Impact Statement
The Postal Service will prepare an environmental impact
statement only with respect to proposed actions that otherwise
require preparation of an NEPA document and that have a reasonably
foreseeable significant effect on the quality of the human
environment. Based on the Postal Service's experience, there are no
actions that normally require an environmental impact statement.
However, the Postal Service will prepare an EIS when necessary for
actions that generally ``significantly affect [] the quality of the
human environment,'' consistent with section NEPA Sec. 102(2)(C),
42 U.S.C. 4332(2)(C). Whether an impact rises to the level of
``significant'' is a matter of the Postal Service's expert judgment.
10.2 Comments
During the process of preparing an environmental impact
statement, the Postal Service:
1. Will obtain the comments of:
a. Any Federal agency that has jurisdiction by law or special
expertise with respect to any environmental impact involved or is
authorized to develop and enforce environmental standards that
govern the action or project at hand; and
b. Appropriate State, Tribal, and local agencies that are
authorized to develop and enforce environmental standards.
2. May request the comments of:
a. State, Tribal, or local governments that may be affected by
the proposed action;
b. Any agency that has requested it receive statements on
actions of the kind proposed; and
c. The public, including by affirmatively soliciting comments in
a manner designed to inform those persons or organizations who may
be interested in or affected by the proposed action.
3. This process of obtaining and requesting comments pursuant to
this Subsection may be undertaken at any time that is reasonable in
the process of preparing the environmental impact statement. The
Postal Service will ensure that the process of obtaining and
requesting comments, and the Postal Service's analysis of and
response to those comments, does not cause the Postal Service to
violate the congressionally mandated
[[Page 60838]]
deadline for completion of an environmental impact statement.
4. Addressing comments contained in environmental impact
statements. The Postal Service will address any substantive comments
received consistent with this Subsection in the environmental impact
statement.
10.3 Contents of Environmental Impact Statements
1. Purpose and need. The statement will include the purpose and
need for the proposed action based on the Postal Service's statutory
authority.
2. Analysis within the environmental impact statement. The
environmental impact statement will include a detailed statement on:
a. reasonably foreseeable environmental effects of the proposed
action;
b. any reasonably foreseeable adverse environmental effects
which cannot be avoided should the proposal be implemented;
c. a reasonable range of alternatives to the proposed action,
including an analysis of any adverse environmental impacts of not
implementing the proposed action in the case of a no action
alternative, that are technically and economically feasible, and
meet the purpose and need of the proposal;
d. the relationship between local short-term uses of the human
environment and the maintenance and enhancement of long-term
productivity;
e. any irreversible and irretrievable commitments of Federal
resources which would be involved in the proposed action should it
be implemented; and
f. any means identified to mitigate adverse environmental
effects of the proposed action. The Postal Service is mindful in
this respect that NEPA itself does not require or authorize the
Postal Service to impose any mitigation measures.
3. Proportionate Analysis. Environmental impact statements will
discuss effects in proportion to their significance. With respect to
issues that are not of a significant nature and do not meaningfully
inform the consideration of environmental effects and the resulting
decision on how to proceed, there will be no more than the briefest
possible discussion to explain why those issues are not significant
and therefore not worthy of any further analysis. Environmental
impact statements will be analytic, concise, and no longer than
necessary to comply with NEPA in light of the congressionally
mandated page limits and deadlines.
10.4 Page Limits
1. Except as provided in paragraph (2), the text of an
environmental impact statement will not exceed 150 pages, not
including citations or appendices.
2. An environmental impact statement for a proposed action of
extraordinary complexity will not exceed 300 pages, not including
any citations or appendices. The Postal Service will determine at
the earliest possible stage of preparation of an environmental
impact statement whether the conditions for exceeding the page limit
in paragraph (1) are present.
3. Appendices are to be used for voluminous materials, such as
scientific tables, collections of data, statistical calculations,
and the like, which substantiate the analysis provided in the
environmental assessment or environmental impact statement.
Appendices are not to be used to provide additional substantive
analysis, because that would circumvent the congressionally mandated
page limits.
4. Environmental impact statements shall be prepared on 8.5'' x
11'' paper with one-inch margins using a word processor with 12-
point proportionally spaced font, single spaced. Footnotes may be in
10-point font. Such size restrictions do not apply to explanatory
maps, diagrams, graphs, tables, and other means of graphically
displaying quantitative or geospatial information, although pages
containing such material do count towards the page limit. When an
item of graphical material is larger than 8.5'' x 11'', each such
item will count as one page.
5. Certification Related to Page Limits. The breadth and depth
of analysis in an environmental impact statement will be tailored to
ensure that the environmental impact statement does not exceed these
page limits. In this regard, as part of the finalization of the
environmental impact statement, a responsible official will certify
that the Postal Service has considered the factors mandated by NEPA;
that the environmental impact statement represents the Postal
Service's good-faith effort to prioritize documentation of the most
important considerations required by the statute within the
congressionally mandated page limits; that this prioritization
reflects the Postal Service's expert judgment; and that any
considerations addressed briefly or left unaddressed were, in the
Postal Service's judgment, comparatively not of a substantive nature
that meaningfully informed the consideration of environmental
effects and the resulting decision on how to proceed.
10.5 Deadlines
The Postal Service will complete the environmental impact
statement not later than 2 years after either the date on which it
determines that NEPA requires the preparation of an environmental
impact statement with respect to such action or the date on which
the Postal Service issues a notice of intent to prepare the
environmental impact statement for such action, whichever is
earliest. The end date for the environmental impact statement will
be the date of publication of a notice of availability of the
environmental impact statement.
1. The environmental impact statement will publish (unless the
deadline is extended pursuant to the provision below), on the day
the deadline elapses, in as substantially complete form as is
possible.
2. Deadline extensions. If the Postal Service determines it is
not able to meet the deadline, it may establish a new deadline for
cause. Cause for establishing a new deadline is only established if
the environmental impact statement is so incomplete, at the time at
which the Postal Service determines it is not able to meet the
statutory deadline, that issuance pursuant to subsection (4) above
would, in the Postal Service's view, result in an inadequate
analysis. Such new deadlines must provide only so much additional
time as is necessary to complete such environmental impact
statement. The announcement of the new deadline will specify the
reason why the environmental impact statement was not able to be
completed under the statutory deadline.
3. Certification Related to Deadline. When the environmental
impact statement is published, a responsible official will certify
(and the certification will be incorporated into the environmental
impact statement) that the resulting environmental impact statement
represents the Postal Service's good-faith effort to fulfill NEPA's
requirements within the Congressional timeline; that such effort is
substantially complete; that, in the Postal Service's expert
opinion, it has thoroughly considered the factors mandated by NEPA;
and that, in the Postal Service's judgment, the analysis contained
therein is adequate to inform and reasonably explain the Postal
Service's final decision regarding the proposed Federal action.
10.6 Publication of the Environmental Impact Statement
The Postal Service will publish the entire environmental impact
statement. During the process of preparing the environmental impact
statement, the Postal Service may publish such draft, predecisional
materials as in its judgment may assist in fulfilling its
responsibilities under NEPA, the Postal Service's regulations in 39
CFR part 775, and this guidance. However, proprietary or
confidential financial or trade information will be redacted and/or
removed from publicly available environmental impact statements and
draft, predecisional materials. The Postal Service will file each
environmental impact statement together with comments and responses
it solicited with the U.S. Environmental Protection Agency (EPA),
Office of Federal Activities, following EPA's filing guidance
(<a href="https://www.epa.gov/nepa/environmental-impact-statement-filingguidance">https://www.epa.gov/nepa/environmental-impact-statement-filingguidance</a>). EPA will include the environmental impact statement
in its weekly notice of availability published in the Federal
Register. The Postal Service will publish the entire environmental
impact statement, including any appendices, and the Postal Service's
decision by posting it on the Postal Service's website consistent
with NEPA (42 U.S.C. 4332(c)).
10.7 Record of Decision
1. For actions requiring environmental impact statements, a
concise public record of decision is prepared when a decision, or a
proposal for legislation, is made. The record, which may be
integrated into any other record, or notice, including that required
by Postal Service regulations and procedures governing
intergovernmental review of Postal Service facility project actions,
must:
a. State what the decision was.
b. Identify all alternatives considered in reaching a decision;
identify and discuss all important factors, including any essential
considerations of national policy, which were weighed in making the
decision and state how those considerations entered into the
decision.
[[Page 60839]]
c. State whether all practicable means to avoid or minimize
environmental harm from the alternative selected have been or will
be adopted, and if not, why not.
At the time of its decision on its proposed action, the Postal
Service may timely publish a record of decision document or joint
decision document notifying the public that the decisionmaker has
certified that the Postal Service has considered all relevant
information raised in the NEPA process and that the NEPA process has
closed.
10.8 Actions Prohibited Prior to the Issuance of Record of Decision
Until a record of decision is issued, no action may be taken on
a proposal on which an environmental impact statement is made if the
action would:
1. Have an adverse environmental impact, or
2. Limit the choice of reasonable alternatives.
11.0 Efficient Environmental Reviews
11.1 Programmatic NEPA Documents and Tiering
1. The Postal Service may prepare NEPA documents for
programmatic Federal actions, such as the adoption of new agency
programs. The Postal Service may evaluate the proposal(s) in one of
the following ways:
a. Geographically, including actions occurring in the same
general location, such as body of water, region, or metropolitan
area.
b. Generically, including actions that have relevant
similarities, such as common timing, effects, alternatives, methods
of implementation, media, or subject matter.
c. By stage of technological development.
2. After completing a programmatic environmental assessment or
environmental impact statement, the Postal Service may rely on that
document for 5 years if there are not substantial new circumstances
or information about the significance of adverse effects that bear
on the analysis. After 5 years, as long as the Postal Service
reevaluates the analysis in the programmatic NEPA document and any
underlying assumption to ensure reliance on the analysis remains
valid and briefly documents its reevaluation and explains why the
analysis remains valid considering any new and substantial
information or circumstances, the Postal Service may continue to
rely on the document.
3. The Postal Service may rely on the analysis included in the
programmatic NEPA document in a subsequent NEPA document for a
related action(s) in accordance with 42 U.S.C. 4336b.
11.2 Reliance on Existing NEPA Documents
1. Generally. The Postal Service may rely on an environmental
impact statement, environmental assessment, or portion thereof,
provided that the statement, assessment, or portion thereof meets
the standards for an adequate statement or assessment under these
procedures. When relying on an environmental impact statement,
environmental assessment, or portion thereof, the Postal Service
will cite, briefly describe the content and relevance to the NEPA
document, and may make modifications that are necessary to render
the relied-upon document, or portion thereof, fit for fulfilling
NEPA's analytic requirements for the action at hand.
2. Substantial Similarity.
a. If the actions covered by the original environmental impact
statement or environmental assessment and the proposed action are
substantially the same, the Postal Service will republish the
relied-upon statement or assessment.
b. If the actions are not substantially the same, the Postal
Service may modify the statement or assessment as necessary to
render the statement fit for fulfilling NEPA's analytic requirements
for the action at hand, and publish the relied-upon statement or
assessment, as modified. Where appropriate, the Postal Service may
solicit comment to the extent that solicitation of comment will
assist the Postal Service in expeditiously adapting the relied-upon
statement or assessment so that it is fit for the Postal Service's
purposes.
11.3 Incorporation
The Postal Service may incorporate material, such as planning
studies, analyses, or other relevant information, into NEPA
documents by reference when the effect will be to cut down on bulk
without impeding the Postal Service and public review of the action.
When incorporating material by reference, the Postal Service will
cite, briefly describe the content and relevance to the NEPA
document, and make the materials reasonably available for review by
potentially interested parties. The Postal Service will not use
incorporation as a means to evade the statutory page limits.
11.4 Supplements to NEPA Documents
The Postal Service will prepare supplements to NEPA documents
only if a major Federal action remains to occur, and:
1. The Postal Service makes substantial changes to the proposed
action that are relevant to environmental concerns; or
2. The Postal Service decides, in its discretion, that there are
substantial new circumstances or information about the significance
of the adverse effects that bearing on the proposed action or its
effects.
11.5 Integrity and Completeness of Information
1. The Postal Service will not undertake new scientific and
technical research to inform its analyses unless that is essential
to a reasoned choice among alternatives and the overall costs and
time frame of such undertaking are not unreasonable. Rather, the
Postal Service will make use of reliable existing data and
resources.
2. When the Postal Service is evaluating an action's reasonably
foreseeable effects on the human environment, and there is
incomplete or unavailable information that cannot be obtained at a
reasonable cost or the means to obtain it are unknown, the Postal
Service will make clear in the relevant NEPA document that such
information is lacking.
11.6 Integrating NEPA With Other Environmental Requirements
1. To the fullest extent possible, the Postal Service will
prepare environmental documents concurrently with and integrated
with analyses and related surveys and studies required by other
Federal statutes.
2. The Postal Service will combine an environmental document
prepared in compliance with NEPA with any other agency document to
reduce duplication and paperwork. Thus, the Postal Service may
combine an environmental document with related plans, rules, or
amendments as a single consolidated document.
3. If comments on a notice of intent or other aspects of a
scoping process identify consultations, permits, or licenses
necessary under other environmental laws, the environmental document
may contain a section briefly listing the applicable requirements
and how the Postal Service has or will meet them (e.g., permits
applied for or received, consultations initiated or concluded).
11.7 Elimination of Duplication With State, Tribal, and Local
Procedures
1. The Postal Service may cooperate with State, Tribal, and
local agencies that are responsible for preparing environmental
documents.
2. To the fullest extent practicable unless specifically
prohibited by law, the Postal Service will cooperate with State,
Tribal, and local agencies to reduce duplication between NEPA and
State, Tribal, and local requirements, including through use of
studies, analysis, and decisions developed by State, Tribal, or
local agencies. Such cooperation may include:
a. Joint planning processes;
b. Joint environmental research and studies;
c. Joint public hearings (except where otherwise provided by
statute); or
d. Joint environmental documents.
11.8 Proposals for Regulations
Where the proposed action is the promulgation of a rule or
regulation, procedures and documentation pursuant to other statutory
or Executive Order requirements may satisfy one or more requirements
in the Postal Service's regulations in 39 CFR part 775 and this
guidance. When a procedure or document satisfies one or more
requirements in the Postal Service's regulations and this guidance,
the Postal Service may substitute it for the corresponding
requirements in the Postal Service's regulations and this guidance
and need not carry out duplicative procedures or documentation.
Agencies will identify which corresponding requirements in the
Postal Service's regulations and this guidance are satisfied and
consult with CEQ to confirm such determinations.
11.9 Unique Identification Numbers
For all NEPA documents, the Postal Service will provide a unique
identification number for tracking purposes, which the Postal
Service will reference on all associated environmental review
documents prepared for the proposed action and in any database or
tracking system for such documents. The Postal Service will
coordinate with the CEQ and other federal agencies to ensure
uniformity of such identification numbers across federal agencies.
[[Page 60840]]
12.0 Definitions
As used in these implementing procedures, terms have the
meanings provided in NEPA Sec. 111, 42 U.S.C. 4336e, and 39 CFR
part 775. In addition:
12.1 NEPA Document
NEPA document means a categorical exclusion, environmental
assessment, finding of no significant impact, environmental impact
statement, record of decision and published supporting
documentation.
12.2 Mitigation
Mitigation means measures that avoid, minimize, or compensate
for effects caused by a proposed action or alternatives as described
in an NEPA document or record of decision and that have a nexus to
those effects. While NEPA requires consideration of mitigation, it
does not mandate the form or adoption of any mitigation. Mitigation
includes:
1. Avoiding the impact altogether by not taking a certain action
or parts of an action.
2. Minimizing effects by limiting the degree or magnitude of the
action and its implementation.
3. Rectifying the impact by repairing, rehabilitating, or
restoring the affected environment.
4. Reducing or eliminating the impact over time by preservation
and maintenance operations during the life of the action.
5. Compensating for the impact by replacing or providing
substitute resources or environments.
12.3 NEPA Process
NEPA process means all measures necessary for compliance with
the requirements of section 2 and title I of NEPA Sec. 102(2), 42
U.S.C. 4332(2).
12.4 Notice of Intent
Notice of intent means a public notice that an agency will
prepare and consider an NEPA document.
12.5 Participating Agency
Participating agency means a Federal, State, Tribal, or local
agency participating in an environmental review or authorization of
an action.
12.6 Publish and Publication
Publish and publication mean methods found by the agency to
efficiently and effectively make NEPA documents and information
available for review by interested persons, including electronic
publication.
12.7 Reasonable Alternatives
Reasonable alternatives means a reasonable range of alternatives
that are technically and economically feasible, meet the purpose and
need for the proposed action, and, where applicable, meet the goals
of the applicant.
12.8 Responsible Official
Responsible official means the person, or designated
representative, who proposes an action and is responsible for
compliance with NEPA. For larger projects, that person may not have
the financial authority to approve such action. The responsible
official signs the NEPA documents (FONSI, ROD) and the REC.
12.9 Scope
Scope consists of the range of actions, alternatives, and
effects to be considered in an NEPA document. The scope of an
individual statement may depend on its relationships to other
statements.
12.10 Tiering
The coverage of general matters in broader environmental impact
statements or environmental assessments (such as national program or
policy statements) with subsequent narrower statements or
environmental analyses (such as regional or basin-wide program
statements or ultimately site specific statements) incorporating by
reference the general discussions and concentrating solely on the
issues specific to the statement subsequently prepared.''
13.0 Severability
The sections of these procedures are separate and severable from
one another. If any section or portion therein is stayed or
determined to be invalid, or the applicability of any section to any
person or entity is held invalid, it is the Postal Service`s
intention that the validity of the remainder of those parts will not
be affected, with the remaining sections to continue in effect.
[FR Doc. 2026-19720 Filed 9-24-26; 8:45 am]
BILLING CODE 7710-12-P
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</html>Indexed from Federal Register on September 25, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.