39 C.F.R. § 775.4

Definitions

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(a) The definitions set forth in 40 CFR part 1508 apply to this part 775.

(b) In addition to the terms defined in 40 CFR part 1508, the following definitions apply to this part:

Approving official means the person or group of persons, who authorizes funding as established through the delegations of approval authority issued by the finance organization. That person or group of persons may not have proposed the action for which financial approval is sought.

Environmental checklist means a Postal Service form that identifies potential environmental impacts for proposed actions initiated by postal managers.

Mitigated FONSI means a FONSI which requires the implementation of specified mitigation measures in order to ensure that there are no significant impacts to the environment.

Record of environmental consideration means the Postal Service form that identifies the Postal Service's review of proposed activities under NEPA.

Responsible official means the person, or designated representative, who proposes an action and is responsible for compliance with NEPA. For larger projects, that person may not have the financial authority to approve such action. The responsible official signs the NEPA documents (FONSI, ROD) and the REC.

[63 FR 45719, Aug. 27, 1998]
Notes of Decisions
Cited in 4 cases, 1975–1992 · leading case: City of Waltham v. United States Postal Serv., 786 F. Supp. 105 (D. Mass. 1992).
City of Waltham v. United States Postal Serv., 786 F. Supp. 105 (D. Mass. 1992). “39 C.F.R. § 775.4 . The Environmental Assessment must be prepared once the contending sites are identified and the completed Environmental Assessment must be used in the selection of the final site.”
Morgan v. United States Postal Serv., 405 F. Supp. 413 (W.D. Mo. 1975). · cites it 2× “[ 39 C.F.R. § 775.4 (1975)]. When tested against these criteria, the Service’s decision not to file an EIS in this case simply cannot be found to be reasonable within the meaning of the applicable legal test.”
Peoples Gas, Light & Coke Co. v. United States Postal Serv., 658 F.2d 1182 (7th Cir. 1981). “39 C.F.R. § 775.4 (4) (July 1977). Under the new regulation, if a site-planning environmental assessment indicates that a particular project poses no significant environmental impact, the responsible officials are required to issue a finding to that effect.”
Higgins v. United States Postal Serv., 449 F. Supp. 1001 (D. Mass. 1978). · cites it 3× “§ 4332 (2)(C), 39 C.F.R. §§ 775.4 , 775.5. The GMF is a mechanized mail processing facility designed to expedite delivery of mail at lower costs.”
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