§ 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;

(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.