3 April 1998 Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html ------------------------------------------------------------------------- [Federal Register: April 3, 1998 (Volume 63, Number 64)] [Notices] [Page 16609-16612] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr03ap98-139] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Coast Guard [USCG-1990-3682] Coast Guard Environmental Justice Strategy AGENCY: Coast Guard, DOT. ACTION: Notice of Environmental Justice Strategy; request for comment. ----------------------------------------------------------------------- SUMMARY: The Coast Guard announces the promulgation of its Environmental Justice (EJ) Strategy. The Strategy provides guidance to all Coast Guard commands on eliminating or mitigating any disproportionately high, adverse human health or environmental effects of its policies, programs, or activities on minority populations and low-income populations. The Coast Guard is asking for comments on the EJ Strategy. DATES: Comments must be received on or before June 2, 1998. ADDRESSES: You may mail comments to the Docket Management Facility, [USCG-1998-3682], U.S. Department of Transportation (DOT), room PL-401, 400 Seventh Street S.W., Washington, DC 20590-0001, or deliver them to room PL-401, located on the Plaza Level of the Nassif Building at the same address between 10 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9329. The Docket Management Facility maintains the public docket for this notice. Comments will become part of this docket and will be available for inspection or copying at room PL-401, located on the Plaza Level of the Nassif Building at the above address between 10 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may electronically access the public docket for this notice on the Internet at http:// dms.dot.gov. FOR FURTHER INFORMATION CONTACT: For information on the public docket, contact Carol Kelley, Coast Guard Dockets Team Leader, or Paulette Twine, Chief, Documentary Services Division, U.S. Department of Transportation, telephone 202-366-9329. For information concerning the notice of EJ Strategy, contact Mr. Harry Takai, Project Manager, U.S. Coast Guard Headquarters, Civil Rights Directorate (G-H), telephone 202-267-6024. SUPPLEMENTARY INFORMATION: Request For Comments Any interested person may submit written views, comments, data, or arguments concerning the Coast Guard's Environmental Justice (EJ) Strategy. Persons submitting comments should include their names and addresses, identify this Notice [USCG-1998-3682] and give reasons for each comment. The U.S. Coast Guard requests all comments and attachments be submitted in an unbound format no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. Persons desiring acknowledgment that their comments have been received should enclose a stamped, self-addressed post card or envelope. The Coast Guard will consider all comments received during the comment period and may modify its EJ Strategy in response to those comments. Background On December 19, 1997, the Coast Guard promulgated its Environmental Justice (EJ) Strategy in accordance with Executive Order (E.O.) 12898, ``Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,'' and Department of Transportation (DOT) Order 5680.2, ``Environmental Justice in Minority Populations and Low-Income Populations.'' The Coast Guard EJ Strategy sets forth the Coast Guard's approach to implementing the E.O. and the DOT Order in all relevant programs and activities funded, sponsored, supported, or undertaken by the Coast Guard. It emphasizes the Coast Guard's commitment to certain principles of environmental justice embodied in the Secretary of Transportation's Strategic Plan. The Coast Guard's EJ Strategy provides guidance to all Coast Guard commands on eliminating or mitigating any disproportionately high, adverse human health or environmental effects of its policies, programs, or activities on minority populations and low-income populations. Also, it describes how compliance with the E.O. and the DOT Order, directing development of an EJ strategy, will be achieved using the existing planning processes established by the National Environmental Policy Act of 1969 and existing civil rights statues. The Coast Guard EJ Strategy may be adjusted periodically in response to insights acquired while implementing its various provisions. [[Page 16610]] Environmental Justice Strategy The following is the Coast Guard's EJ Strategy in its entirety: U.S. Coast Guard Environmental Justice Strategy \1\ --------------------------------------------------------------------------- \1\ For definitions of environmental justice terms used in the USCG Environmental Justice Strategy, please see the strategy appendix. --------------------------------------------------------------------------- Background This strategy is issued in response to Executive Order 12898 (E.O.), ``Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,'' signed by President Clinton on February 11, 1994, and the Department of Transportation (DOT) Order 5680.2, ``Environmental Justice in Minority Populations and Low-Income Populations,'' signed by the Assistant Secretary for Transportation Policy. This strategy sets forth the U.S. Coast Guard's (USCG's) approach to implementing the E.O. and the DOT Order in all relevant programs and activities funded, sponsored, supported and undertaken by the USCG. The E.O. and the DOT Order require the USCG to develop a specific USCG-wide strategy for implementing their provisions. The focus of both the E.O. and the DOT Order is to identify and address, as appropriate, disproportionately high and adverse human health or environmental effects of Federal agency programs, policies, and activities on minority populations and low-income populations. This strategy sets forth the USCG's commitment to certain principles of environmental justice (EJ) embodied in the DOT Secretary's Strategic Plan and identifies actions the USCG intends to take to implement the E.O. and the DOT Order. This strategy may be adjusted periodically in response to insights acquired while implementing its various provisions. The USCG welcomes public comments on its strategy and implementing actions. The USCG is committed to embracing the objectives of the E.O. and the DOT Order by promoting enforcement of all applicable planning and environmental laws and regulations, and by promoting nondiscrimination in its programs, policies and activities that affect human health and the environment, consistent with the E.O., Title VI of the Civil Rights Act of 1964, and the DOT Order. The USCG is also committed to bringing government decision making closer to the communities and people affected by these decisions and ensuring opportunities for greater public participation in decisions relating to human health and the environment. The Commandant is committed to aligning the USCG's daily efforts to DOT's Strategic Plan. Many of the objectives of the E.O. and the DOT Order are embodied in the missions, goals, and objectives of the Secretary of Transportation's Strategic Plan and are briefly summarized as follows: Improve the environment and public health and safety in the transportation of people and goods, and the development and maintenance of transportation systems and services. Harmonize transportation policies and investments with environmental concerns, reflecting an appropriate consideration of economic and social interests. Consider the interests, issues, and contributions of affected communities, disclose appropriate information, and give communities an opportunity to be involved in decision making. The USCG will implement the E.O. and the DOT Order by integrating EJ principles into existing USCG programs, policies, activities, regulations, and guidance. In addition, the USCG will implement the objectives of the E.O. in USCG planning and decision making processes using the principles and procedures established under the National Environmental Policy Act of 1969 (NEPA), and Title VI of the Civil Rights Act of 1964. Development of the USCG EJ Strategy The USCG formed a working group with members from all major USCG programs to develop its EJ strategy. The Assistant Commandant for Civil Rights provided an information briefing to the Environmental Coordinating Council (ECC) in March 1997, and the ECC reached consensus on the management implementation plan described in this strategy. The USCG is publishing its strategy in the Federal Register with a request for comment. In addition, the USCG is mailing copies to constituent groups and representatives of the environmental justice community. Based on comments received, the USCG will, as appropriate, modify its EJ strategy. The USCG's EJ strategy consists of 4 elements, public outreach, internal training, issuance of a Commandant Instruction, and a Management Implementation Plan. Public Outreach The E.O. requires Federal agencies to ensure greater public participation in the implementation of their EJ strategies. The USCG will seek to accomplish greater public participation in regard to all USCG programs, policies, and activities that have, or potentially have, disproportionately high and adverse human health or environmental effects on minority populations and low-income populations. The purpose of this public outreach is to enable the USCG to achieve its missions while, at the same time, enhancing the USCG's ability to meet its EJ responsibilities. Specifically, the USCG will, as appropriate: Contact state, local and tribal officials; Contact civic and community organizations and associations, Conduct public hearings and town meetings in locations accessible to the populations concerned and in a manner designed to enhance their participation, Coordinate media coverage of these outreach efforts, Publicize efforts through the Federal Register and, Provide USCG public communications in the languages of the minority populations and low income populations that have the potential to experience disproportionately high and adverse human health or environmental effects. Internal Training The USCG will develop EJ training which will provide key personnel with the knowledge and skills necessary to carry out the USCG's responsibilities under the E.O. USCG Instruction on EJ A key component of the USCG EJ Strategy is the completion of a USCG Commandant Instruction (Instruction) providing USCG program offices with the guidance on implementing the E.O. and the DOT Order. The Instruction will apply to USCG regulations, policies, guidance, programs, and permitting activities which may have EJ implications, including those programs, projects, and activities that receive Federal financial assistance, in any form, from the USCG. The Instruction will ensure that all program offices of the USCG will apply the principles of the E.O. and the DOT Order to appropriate aspects of their plans, activities, and policies. Generally, the Instruction will state the USCG process for identifying disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations. The Instruction will state the USCG process for, and its commitment to, promoting enforcement of all health and environmental statutes in areas with minority populations and low income populations; ensuring greater public participation; improving research and data collection relating to the health and environment of minority [[Page 16611]] populations and low-income populations; and identifying differential patterns of consumption of natural resources among minority populations and low-income populations affected by the USCG's programs, policies, and activities. The USCG Instruction will also include: A policy commitment to the principles of the E.O., A list of USCG program responsibilities under the E.O. and the DOT Order, A commitment to review all USCG programs, policies and activities for possible disproportionately high and adverse health and environmental effects, A system to be used to review USCG programs, policies, and activities, Guidance on how to determine if USCG or USCG funded activities, programs and projects have, or will have, disproportionately high adverse effects on minority populations and low income populations, A commitment to work with other Federal, State, and local agencies, as appropriate, with expertise on collection of population census data or expertise on identifying differential patterns of consumption of natural resources (e.g., the Department of Justice or Department of Interior) to establish data for USCG use in compliance with the E.O., and A commitment to improving public participation. The Instruction will also include guidance on eliminating or mitigating any disproportionately high and adverse human health or environmental effects of its policies, programs or activities on minority populations and low-income populations. Finally, the Instruction will provide guidance on how to achieve compliance with the E.O. and the DOT Order through use of the existing planning processes established by NEPA existing civil rights statutes. USCG Management Implementation Plan The USCG EJ Strategy will implement E.O. 12898 using a six-phase management plan as follows: Phase I: Determine the scope of the USCG's EJ initiatives. Scope will be determined by identifying those USCG programs, policies, activities and operations that have, or have the potential to have, disproportionately high and adverse human health or environmental effects upon minority populations and low-income populations and by identifying the number of USCG properties located in or near minority populations and low-income populations. Phase II: Development an EJ monitoring plan that will include a review of all USCG programs policies, activities, and operations. Phase III: Establish an effective means to enhance public participation in order to ensure public access to information and public involvement in the planning and decision-making processes. Phase IV: Develop EJ training for appropriate USCG personnel that will provide instructional guidance on their roles and responsibilities as stakeholders in USCG EJ compliance. Phase V: Implement the USCG's EJ initiatives by finalizing, and issuing, the Instruction. Phase VI: Address any identified disproportionately high and adverse human health or environmental effects of USCG programs, policies, and activities upon minority populations and low-income populations and, as appropriate and to the extent practical, eliminate or mitigate such effects. Appendix: Definitions of Terms Used in the USCG Environmental Justice Strategy \2\ 1. Definitions. The following terms where used in the USCG Environmental Justice Strategy shall have the following meanings: --------------------------------------------------------------------------- \2\ These definitions are intended to be consistent with the draft definitions for E.O. 12898 that have been issued by the Council on Environmental Quality (CEQ) and the Environmental Protection Agency (EPA). To the extent that these definitions vary from the CEQ and EPA draft definitions, they reflect further refinements deemed necessary to tailor the definitions to fit within the context of the Coast Guard Environmental Justice Strategy. --------------------------------------------------------------------------- a. Environmental justice community means a representative number of environmental justice organizations that are listed in the Environmental Justice Organizations in the Twenty Largest Metropolitan Regions Across the U.S. and the People of Color Environmental Group Directory published by Clark Atlanta University Environmental Justice Resource Center. b. Low-Income means a person whose median household income is at or below the Department of Health and Human Services poverty guidelines. c. Minority means a person who is: (1) Black (a person having origins in any of the black racial groups of Africa); (2) Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race); (3) Asian American (a person having origins in any of the original people of the Far East, Southwest Asia, the Indian subcontinent, or the Pacific Islands); or (4) American Indians and Alaskan Native (a person having origins in any of the original people of North America and who maintains cultural identification through tribal affiliation or community recognition). d. Low-income population means any readily identifiable group of low-income persons who live in geographic proximity and, if circumstances warrant, geographically dispersed/transient persons (such as migrant workers or Native Americans) who will be similarly affected by a proposed USCG program, policy, or activity. e. Minority population means any readily identifiable groups of minority persons who live in geographic proximity and, if circumstances warrant, geographically dispersed/transient persons (such as migrant workers or Native Americans) who will be similarly affected by a proposed USCG program, policy, or activity. f. Adverse effect means the totality of significant individual or cumulative human health or environmental effects, including interrelated social and economic effects, which may include, but are not limited to: bodily impairment, infirmity, illness or death; air, noise, and water pollution and soil contamination; destruction or disruption of man-made or natural resources; destruction or diminution of aesthetic values; destruction or disruption of community cohesion or a community's economic vitality; destruction or disruption of the availability of public and private facilities and services; vibration; adverse employment effects; displacement of persons, businesses, firms, or nonprofit organizations; increased traffic congestion, isolation, exclusion, or separation of minority or low-income individuals within a given community or from the broader community; and the denial of, reduction in, or significant delay in the receipt of, benefit of USCG programs, policies, or activities. g. Disproportionately high and adverse effect on minority and low- income population means an adverse effect that: (1) is predominantly borne by a minority population and/or low- income population, or (2) will be suffered by the minority population and/or low-income population and is appreciably more severe or greater in magnitude than the adverse effect that will be suffered by the non-minority population and/or non-low-income population. h. Programs, policies, and/or activities means all projects, programs, policies, and activities that affect human health or the environment, and which are [[Page 16612]] funded, undertaken or approved by the USCG. These include, but are not limited to, permits, licenses, and financial assistance provided by the USCG. Interrelated projects within a system may be considered to be a single project, program, policy, or activity for purposes of the Coast Guard Environmental Justice Strategy. i. USCG means United States Coast Guard. Dated: March 30, 1998. W.R. Somerville Assistant Commandant for Civil Rights [FR Doc. 98-8798 Filed 4-2-98; 8:45 am] BILLING CODE 4910-15-M