National Environmental Policy Act Implementing Procedures

POSTAL SERVICE 39 CFR Part 775 National Environmental Policy Act Implementing Procedures AGENCY: United States Postal Service. ACTION: Interim final rule; request for comments. 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remaining National Environmental Policy Act (NEPA) implementing procedures, which were promulgated to implement the now-rescinded Council on Environmental Quality (CEQ) regulations.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 NEPA@usps.gov. 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 NEPA@usps.gov 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 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 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: • 1982 for modification to local notice requirements to align with CEQ regulations (47 FR 19992); • 1983 for modifications due to changes in the intergovernmental review process (48 FR 29370); • 1985 for revisions to environmental assessment process and a correction (50 FR 32411 and 50 FR 33036); • 1990 for revisions to categorical exclusions, environmental evaluation process, and environmental impact statement requirements (55 FR 10452); • 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); • 2000 for revisions to environmental evaluation process (65 FR 41042); and • 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 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 § 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 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: 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. § 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. § 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. § 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.” § 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. § 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). §§ 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. 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 § 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 Substanc