3 April 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

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[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]

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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.

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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\
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    \1\ For definitions of environmental justice terms used in the
USCG Environmental Justice Strategy, please see the strategy
appendix.
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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:
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    \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.
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    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
