[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Notices]
[Pages 19089-19094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06575]
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DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
[Docket Number: 230306-0064]
RIN 0660-XC056
National Environmental Policy Act Procedures and Categorical
Exclusions
AGENCY: National Telecommunications and Information Administration,
Department of Commerce.
ACTION: Notice of availability; request for comments.
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SUMMARY: The National Telecommunications and Information Administration
(``NTIA'') proposes to follow First Responder Network Authority's
(``FirstNet Authority'') National Environmental Policy Act (``NEPA'')
procedures on an interim basis with modifications to account for NTIA's
internal organization and establish 33 categorical exclusions (``CEs'')
in compliance with NEPA, the Council on Environmental Quality (``CEQ'')
regulations, and other related authorities. NTIA's proposed CEs cover
administrative, real property and facility, and operational actions
that individually or cumulatively do not have a significant effect on
the human environment. This process is intended to further NTIA's
compliance with the Infrastructure Investment and Jobs Act (``IIJA'')
and increase NTIA's efficiency in environmental analysis and decision
making while fully meeting NEPA's requirements.
DATES: Submit comments on or before May 1, 2023.
ADDRESSES: You may submit comments, identified by [docket number and/or
RIN number], by any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and
search for Docket ID NTIA-2023-0004.
Email comments to: ntia.gov">NEPAComments@ntia.gov.
Mail comments to: National Telecommunications and Information
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Room 4878, Attn: Amanda Pereira, Environmental Program Officer,
Washington, DC 20230. Comments submitted by mail may be in hard copy
(paper) or electronic (e.g., CD-ROM, disk, or thumb drive).
FOR FURTHER INFORMATION CONTACT: Amanda Pereira, Environmental Program
Officer, at the address listed in the ADDRESSES section of this notice
by electronic or regular mail as listed above, or by telephone 202-834-
4016.
SUPPLEMENTARY INFORMATION:
I. Background
NTIA is the Executive Branch agency that is principally responsible
for advising the President on telecommunications and information policy
issues. NTIA's programs and policymaking focus largely on expanding
broadband internet access and adoption in the United States, expanding
the use of spectrum by all users, and ensuring that the internet
remains an engine for continued innovation and economic growth. NTIA is
engaged in a range of efforts to increase internet access and adoption.
NTIA's Role in Implementing the Broadband Provisions of the 2021
Infrastructure Investment and Jobs Act
On November 15, 2021, President Biden signed the Infrastructure
Investment and Jobs Act (``IIJA'') into law.\1\ Passage of the IIJA is
a significant step forward in achieving the Biden-Harris
Administration's goal of providing broadband access to the entire
United States. The IIJA sets forth a $65 billion investment into
broadband; $48.2 billion of that investment will be administered by
NTIA. This investment will leverage NTIA's experience in promoting
broadband infrastructure development and digital inclusion efforts.
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\1\ Infrastructure Investment and Jobs Act, Public Law 117-58
(2021).
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The IIJA directs NTIA to establish five new broadband programs and
provides additional funding for the previously established Tribal
Broadband Connectivity Program (``TBCP''). The largest of these
programs is the Broadband Equity, Access, and Deployment (``BEAD'')
Program, which Congress mandated NTIA establish in no more than 180
days after the IIJA was enacted.\2\ The BEAD Program will provide
$42.45 billion, to be distributed among states, territories, DC, and
Puerto Rico, for projects that support broadband infrastructure
deployment and adoption. The IIJA requires that NTIA obligate all funds
appropriated for the BEAD program in an expedient manner.\3\ One
billion dollars will also be appropriated to NTIA for the creation of
the Enabling Middle Mile Broadband Infrastructure Program. The purpose
of this grant program is to expand and extend middle mile
infrastructure to reduce the cost of connecting unserved and
underserved areas to the internet backbone. An additional $2.75 billion
will be distributed through the Digital Equity Act Programs to promote
digital inclusion and equity to ensure that all individuals and
communities have the opportunity to acquire the same skills,
technology, and capacity needed to engage in the Nation's digital
economy. These programs include the State Digital Equity Planning Grant
Program, a $60 million formula grant program for states and territories
to develop digital equity plans; the State Digital Equity Capacity
Grant Program, a $1.44 billion formula grant program for states and
territories to implement digital equity projects and support the
implementation of digital equity plans; and the Digital Equity
Competitive Grant Program, a $1.25 billion discretionary grant program
for specific types of political subdivisions to implement digital
equity projects.
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\2\ Id. at 60102(b).
\3\ Id. at 60102(b)(3).
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Additionally, the IIJA provides $2 billion to NTIA's existing TBCP.
The TBCP directs funding to Tribal governments to be used for broadband
[[Page 19090]]
deployment on Tribal lands, as well as for telehealth, distance
learning, broadband affordability, and digital inclusion.
To facilitate NTIA's compliance with the IIJA and because of the
critical need to expand and secure broadband access across the United
States, NTIA must find opportunities to accelerate provision of its
appropriated funding while ensuring it complies with all relevant
authorities, including NEPA.
National Environmental Policy Act
NEPA requires Federal agencies to undertake an assessment of and
consider in their decision making the environmental effects of their
proposed actions and involve the public prior to making a final
decision and implementing the action. NEPA applies to any Federal
project, decision, or action, including grants, that may significantly
affect the quality of the human environment.\4\ NEPA also established
the Council on Environmental Quality (``CEQ''), which issued
regulations implementing the procedural provisions of NEPA (40 CFR
parts 1500-1508). The CEQ regulations require Federal agencies to
adopt, as necessary, their own implementing procedures to supplement
CEQ's regulations, and to establish and use Categorical Exclusions
(``CEs'') to define categories of actions that normally do not
individually or cumulatively have a significant effect on the human
environment.\5\ These particular actions, therefore, normally do not
require further NEPA review in the form of either an environmental
assessment (``EA'') or an environmental impact statement (``EIS'').
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\4\ See 42 U.S.C. 4332(2)(C).
\5\ 40 CFR 1508.1(d), 1507.3; CEQ, Final Guidance for Federal
Departments and Agencies on Establishing, Applying, and Revising
Categorical Exclusions Under the National Environmental Policy Act,
75 FR 75628 (Dec. 6, 2010).
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A CE does not exempt an action from NEPA review; rather, it is one
form of environmental review under NEPA. An agency may apply a CE to a
proposed action after the agency has carefully reviewed and determined
that the action fits within the category of actions encompassed by the
CE. In making this determination, the decision maker must also consider
whether extraordinary circumstances apply, which can indicate that a
normally excluded action might have a significant environmental effect.
Thus, a CE does not eliminate environmental review of a proposed action
but reduces paperwork and delay and allows an agency to efficiently
focus its resources on proposed actions with the potential for
significant environmental effects.
Presently, CEQ is undertaking a multiphase rulemaking process to
review and revise the NEPA implementing regulations.\6\ CEQ has
provided agencies additional time to propose updates to their NEPA
procedures to be consistent with the CEQ regulations.\7\ Therefore,
NTIA is proposing to establish new CEs and otherwise follow the
existing implementing procedures of the FirstNet Authority, an
independent authority within NTIA, in the interim while CEQ completes
its rulemaking processes. Following the FirstNet Authority's procedures
will facilitate the IIJA's large-scale investment in NTIA programs and
the need for NTIA to fulfill the mandates of the IIJA in a timely
manner, by ensuring NTIA make the most efficient use of time and
available funding and resources to fulfill its environmental analysis
and decision-making responsibilities.
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\6\ 86 FR 55759 (Oct. 7, 2021).
\7\ 86 FR 34154 (June 29, 2021).
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Following CEQ's revisions to the NEPA regulations, NTIA intends to
propose comprehensive NEPA procedures. In the interim, in this notice,
NTIA proposes two additions to the FirstNet Authority procedures.
First, it explains how NTIA would interpret provisions specific to the
FirstNet Authority in the NTIA context. Second, NTIA proposes to
establish CEs specific to NTIA's action; NTIA would not apply the
FirstNet Authority CEs.
NTIA's Relationship to the FirstNet Authority
The FirstNet Authority is an independent authority within NTIA.\8\
The FirstNet Authority's statutory mission is to take all actions
necessary to ensure the establishment and operation of a nationwide
public safety broadband network. On April 29, 2014, the FirstNet
Authority finalized its NEPA implementing procedures.\9\ These
procedures provide the framework for the FirstNet Authority's
establishment of a NEPA compliance program and application of the
appropriate level of NEPA review for major Federal actions related to
the deployment of a nationwide public safety broadband network. More
specifically, FirstNet Authority's NEPA implementing procedures
supplement CEQ regulations and provide guidance to FirstNet Authority
employees and potential applicants regarding procedural requirements
for the application of NEPA. In 2018, the FirstNet Authority modified
its NEPA implementing procedures, CEs, and related extraordinary
circumstances to ensure that they aligned with the FirstNet Authority's
statutory mission, activities, and experience, and better assisted the
FirstNet Authority in complying with NEPA and the Federal
Communications Commission's regulations. The FirstNet Authority
published its final, revised procedures on February 1, 2018.\10\
FirstNet Authority's NEPA implementing procedures are available at:
https://firstnet.gov/newsroom/resources/federal-register-notices/notice-revised-national-environmental-policy-act.
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\8\ 47 U.S.C. 1401.
\9\ FirstNet, National Environmental Policy Act Implementing
Procedures and Categorical Exclusions, 79 FR 23945 (Apr. 29, 2014).
\10\ FirstNet, First Responder Network Authority; Revised
National Environmental Policy Act Procedures and Categorical
Exclusions, 83 FR 4632 (February 1, 2018).
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Relevance of FirstNet Authority Implementing Procedures to NTIA Actions
As a newly created entity, the FirstNet Authority did not have any
existing CEs, yet it was responsible for, at a minimum, ensuring
nationwide standards for the use of and access to the network; issuing
open, transparent, and competitive requests for proposals (``RFPs'') to
build, operate, and maintain the network; encouraging these RFPs to
leverage, to the maximum extent economically desirable, existing
commercial wireless infrastructure to speed deployment of the network;
and overseeing contracts with non-Federal entities to build, operate,
and maintain the network.
The FirstNet Authority, similar to NTIA's grant programs, is
mandated to plan and construct telecommunication and broadband
infrastructure across the United States and its territories. The
specific activities anticipated to be funded by NTIA are comparable to
the FirstNet Authority project implementation activities. The origins
of FirstNet's CEs and implementing procedures are based upon NTIA's
prior broadband projects. Therefore, by utilizing this experience and
existing CEs and implementing procedures NTIA is building what has come
before at both NTIA and FirstNet.
Much of NTIA's environmental activities over the last three decades
have been through the administration of broadband grants through the
Public Safety Interoperable Communications (``PSIC''), Broadband
Technology Opportunities Program (``BTOP''), and current grant
programs. Due to the similarity in project activities and
[[Page 19091]]
scope, the FirstNet Authority established its CEs based primarily on
the then existing CEs that were approved and applied by NTIA in the
implementation of the BTOP. Each BTOP CE was reviewed and deliberated
in concept, coverage, applicability, and wording and supported by an
administrative record for each of the CEs to ensure they fulfilled the
goal of balancing increased administrative efficiency in NEPA
compliance with avoidance of misinterpretations and misapplications of
exclusionary language that could lead to non-compliance with NEPA
requirements. The FirstNet Authority determined, and CEQ concurred,
that all of the BTOP CEs met both objectives. The BTOP CEs were
comparable to the FirstNet Authority's actions because they (1) related
to planning, deployment, and construction of broadband infrastructure;
(2) utilized the same methods and equipment of installing broadband
infrastructure; (3) were not restricted to an environmental setting or
geographic region of the country; and (4) were subject to review for
extraordinary circumstances.
Most importantly, the specific activities anticipated to be funded
by NTIA are comparable to the FirstNet Authority project implementation
activities as they will primarily include the installation of fiber
optic cables, cell towers, antenna collocations, buildings, and power
units. The FirstNet Authority is also required to leverage, to the
maximum extent economically desirable, existing commercial
infrastructure in its deployment and operation of its network. The
geographic scope of the FirstNet network, like NTIA's grant programs,
encompasses all U.S. states and territories. Thus, the actions funded
by NTIA's grant programs will likely occur in a wide range of
environmental settings, like FirstNet Authority actions, and will be
consistent with the environmental review process for analyzing proposed
actions and making NEPA determinations based on the specific location
and type of proposed project activities, of which the CEs would be an
integral part. Accordingly, because the characteristics of the actions
in deploying and operating a nationwide network are comparable in
intensity, scope, and geography to NTIA's programs, and based on the
outcomes of the FirstNet Authority applying these procedures to its
network, NTIA has determined that the FirstNet Authority's NEPA
implementing procedures including their CEs are relevant to NTIA
actions and have been helpful to NTIA as it develops its own
implementing procedures and CEs.
Use of FirstNet Authority's Implementing Procedures
As discussed elsewhere, the missions, geographic scopes,
environmental settings, characteristics and technologies of proposed
projects, and, more importantly, outcomes for the application of the
FirstNet Authority implementing procedures are expected to be similar
when used for the NTIA's expected programmatic activities and grant
programs. Ultimately, the proposed adoption of these procedures is
designed to assist decision makers within the bureau that fund, assist,
plan, and construct telecommunication and broadband infrastructure
across the United States and its territories.
The FirstNet Authority procedures incorporate CEQ's NEPA
implementing regulations at 40 CFR part 1500-1508 as well as guidance
on various environmental resource areas issued by CEQ. With the
exception of its Roles and Responsibilities section, which will be
covered through internal NTIA-specific guidance, NTIA expects to
implement the existing procedures consistent with how they are written
and currently executed by the FirstNet Authority. Since the FirstNet
Authority drafted these procedures for consistency with and to minimize
repetition of CEQ regulations, the procedures would endure changes to
the CEQ regulations and function alongside any internal NTIA-specific
guidance. For instance, terminology used throughout the procedures are
consistent with that found in CEQ regulations (40 CFR 1508.1), general
discussion of environmental review and document development processes
are consistent with 40 CFR 1501-1502 and guidance,\11\ public
involvement procedures are consistent with 40 CFR 1503 and guidance,
and the list of authorities is consistent with those followed by NTIA.
Lastly, since part of this process was to develop NTIA-specific
categorical exclusions to be used for its programs, NTIA does not
expect to use or adopt the categorical exclusions developed by the
FirstNet Authority and presented in the procedures. NTIA feels that
those being proposed herein are specific enough and would be more than
adequate to execute NTIA's mission and NEPA activities. While
FirstNet's CEs are relevant and were helpful in this development, NTIA
determined to implement its own specific CEs to more specifically
address its own needs and programs.
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\11\ Forty Most Asked Questions Concerning CEQ's National
Environmental Policy Act Regulations (CEQ, 1986); Guidance Regarding
NEPA Regulations (CEQ, 1983); and Establishing, Applying, and
Revising Categorical Exclusions under NEPA (CEQ, 2010).
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Development of Categorical Exclusions
NTIA has developed these proposed CEs consistent with the CEQ
Regulations at 40 CFR 1501.4 and 1507.3, as well as CEQ's 2010 guidance
memorandum on establishing, applying, and revising CEs. In accordance
with CEQ's 2010 memorandum, NTIA reviewed and analyzed past actions,
including their supporting NEPA documentation, to develop initial
proposals of potential CEs. NTIA also identified CEs of numerous other
Federal agencies that are sufficiently descriptive to demonstrate to
NTIA that the activities that fall within these CEs are similar in
nature, scope, and impact on the human environment to those performed
by NTIA. Thus, NTIA proposes to substantiate its CEs by relying on
previously implemented actions and benchmarking other agencies' CEs,
both of which are methods recommended by CEQ to substantiate new or
revised CEs.\12\ Benchmarking means that NTIA is substantiating its
proposed CE based on other agencies' experience with a comparable CE
and the administrative record developed by other agencies when they
established those comparable CEs. To ensure the CEs that NTIA proposes
to benchmark properly support NTIA's proposed CEs, NTIA analyzed the
actions encompassed by the other agencies' CEs by considering the
characteristics of the actions, methods of implementing the actions,
frequency of the actions, applicable standard operating procedures or
implementing guidance, and timing and context. NTIA used this
information to determine that the actions analyzed by these agencies
are sufficiently similar to those covered by the proposed CE to support
NTIA's conclusion that the actions covered by NTIA's proposed CEs will
not result in individually or cumulatively significant impacts on the
human environment under normal circumstances. NTIA also relied on its
own experience with previously implemented actions (e.g., EAs that
resulted in findings of no significant impact) to determine that the
analyses of those actions and the resulting absence of environmental
effects of those actions support the proposed CE. NTIA is establishing
these CEs as a means to reduce delay and fulfill its mandates under the
IIJA, consistent
[[Page 19092]]
with NEPA, the CEQ Regulations, and other related authorities.
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\12\ 75 FR 75628.
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When applying CEs, NTIA will do so consistently with CEQ's 2010
memorandum. When determining whether to use a CE for a proposed action,
NTIA will carefully review the description of the proposed action to
ensure that it fits within the category of actions described in the CE.
Next, NTIA will consider the specific circumstances associated with the
proposed action, to rule out any extraordinary circumstances that might
give rise to significant environmental effects requiring further
analysis and documentation in an EA or an EIS. The consideration of
extraordinary circumstances may include professional judgement for
administrative or non-technical proposals or those that do not include
ground disturbance to environmental due diligence reports and
consultations or other environmental documentation for proposals that
are more involved or include ground disturbance. In other words, when
evaluating whether to apply a CE to a proposed action, NTIA will
consider the specific circumstances associated with the proposed action
and will not end its review based solely on the determination that the
proposed action fits within the description of the CE; rather, NTIA
will also consider whether there are extraordinary circumstances that
would warrant further NEPA review. Generally, NTIA would use a
Memorandum for Record to document project-level CE decisions and a
Memorandum to File to document programmatic CE decisions; furthermore,
NTIA would use discretion when determining whether to document those
CEs with the lowest potential for environmental impact and
extraordinary circumstances, such as Proposed Categorical Exclusion A-
1.
NTIA's proposed CEs are organized into three series, based on the
types of activities encompassed by each group. Series A encompasses
proposed CEs that pertain to administrative actions. Series B
encompasses proposed CEs related to real property or facility actions.
Series C sets forth proposed CEs that pertain to operational actions.
NTIA has developed an administrative record supporting the
establishment of these CEs, which provides a description of and
analysis for each proposed CE. NTIA invites comments on the CEs and
analysis contained in the administrative record, which is available at:
Publications [bond] National Telecommunications and Information
Administration (ntia.gov).
II. Regulatory Notices
Paperwork Reduction Act
This notice does not contain collection-of-information requirements
subject to the Paperwork Reduction Act (``PRA'') of 1995 (44 U.S.C.
3501). Notwithstanding any other provisions of law, no person is
required to, nor shall a person be subject to penalty for failure to
comply with, a collection of information subject to the requirements of
PRA unless that collection of information displays a currently valid
Office of Management and Budget (``OMB'') control number.
Environmental Impact
Implementing FirstNet Authority's existing NEPA implementing
procedures and these CEs are intended to supplement CEQ regulations.
CEQ does not direct agencies to prepare a NEPA analysis or document
before establishing agency procedures that supplement the CEQ
regulations for implementing NEPA. Agency NEPA procedures are
procedural guidance to assist agencies in the fulfillment of their
responsibilities under NEPA. The requirements for establishing NEPA
procedures are set forth at 40 CFR 1507.3.
III. Proposed Categorical Exclusions and Extraordinary Circumstances
Categorical Exclusions
Administrative Actions
A-1 Personnel, fiscal, management, and administrative activities,
including recruiting, processing, paying, recordkeeping, budgeting,
personnel actions, contract administration, and travel.
A-2 Preparation, modification, and issuance of policy directives,
rules, regulations, procedures, guidelines, guidance documents,
bulletins, and informational publications that are of an
administrative, financial, legal, technical, or procedural nature, for
which the environmental effects are too broad, speculative, or
conjectural to lend themselves to meaningful analysis and will be, in
whole or part, subject later to the NEPA process, either collectively
or on a case-by-case basis.
A-3 Studies and engineering undertaken to define proposed actions
or alternatives sufficiently so that environmental effects can be
assessed.
A-4 Planning, educational, informational, or advisory activities
provided to other agencies, public and private entities, visitors,
individuals, or the public, including training exercises and
simulations conducted under appropriately controlled conditions and in
accordance with all applicable laws, regulations, and requirements.
A-5 Software development, data analysis, or testing that does not
involve ground disturbing activities.
A-6 Preparation and dissemination of scientific results, studies,
surveys, audits, reports, plans, papers, recommendations, and technical
advice.
A-7 Technical assistance to other Federal, Tribal, State, and local
agencies or the public.
A-8 Routine procurement, use, storage, transportation, and disposal
of non-hazardous goods and services in support of administrative,
operational, or maintenance activities in accordance with Executive
Orders and Federal procurement guidelines. Examples include office
supplies and furniture; equipment; mobile assets (i.e., vehicles,
vessels, aircraft); utility services; and deployable emergency response
supplies and equipment.
A-9 Purchase of deployable mobile and portable telecommunications
equipment (e.g., radios, Cell on Wheels, Cell on Light Truck, System on
Wheels) that will be housed in existing facilities when not deployed.
A-10 Routine use of hazardous materials (including procurement,
transportation, distribution, and storage of such materials) and reuse,
recycling, and disposal of solid, medical, radiological, or hazardous
waste in a manner that is consistent with all applicable laws,
regulations, and requirements. Examples include use of chemicals for
laboratory applications; refueling of storage tanks; temporary storage
and disposal of solid waste; disposal of waste through manufacturer
return and recycling programs; and hazardous waste minimization
activities, including source reduction activities and recycling.
A-11 Reductions, realignments, or relocation of personnel,
equipment, or mobile assets that do not result in changing the use of
NTIA facilities or space in such a way that could cause a change to
existing environmental effects or exceed the infrastructure capacity
outside of NTIA-managed property. An example of exceeding the
infrastructure capacity would be an increase in vehicular traffic
beyond the capacity of the supporting road network to accommodate such
an increase.
A-12 Federal assistance, grants, and external funding for
activities that do not concern environmental matters or where the
environmental effects are negligible. Examples of relevant activities
could include, but are not limited to, planning, studies, or programs
such as the Digital TV transition, which provided rebates to
[[Page 19093]]
consumers to subsidize the purchase of digital antennas, that have no
potential to impact the environment. If an analysis determined that
such activities had the potential to impact the environment, the CE
could not be applied.
A-13 Contracts, collaborative research agreements, cooperative
research and development agreements, interagency agreements, and other
agreements that do not concern environmental matters or where the
environmental effects are negligible.
Real Property/Facility Actions
B-1 Maintenance of facilities, equipment, and grounds. Examples
include interior utility work, road maintenance, window washing, lawn
mowing, landscaping, weed management/maintenance, trash collecting,
facility cleaning, and snow removal.
B-2 Internal modifications, renovations, or additions (e.g.,
computer facilities, relocating interior walls) to structures or
buildings that do not result in a change in the functional use of the
property.
B-3 Exterior renovation, addition, repair, alteration, and
demolition projects affecting buildings, roads, grounds, equipment, and
other facilities, including subsequent disposal of debris, which may be
contaminated with hazardous materials, lead, or asbestos. Hazardous
materials must be disposed of at approved sites in accordance with all
applicable laws, regulations, and requirements. Examples include the
following:
(i) Painting, roofing, siding, or alterations to an existing
building;
(ii) Adding a small storage shed to an existing building;
(iii) Retrofitting for energy conservation, including
weatherization, installation of timers on hot water heaters,
installation of energy efficient lighting, and installation of low-flow
plumbing fixtures; or
(iv) Closing and demolishing a building not eligible for listing
under the National Register for Historic Places.
B-4 Abatement of hazardous materials from existing facilities,
including asbestos and lead based paint, conducted in compliance with
all applicable laws, regulations, and requirements established for the
protection of human health and the environment. Examples include
containment, removal, and disposal of lead-based paint or asbestos
tiles and asbestos-containing materials from existing facilities,
remediation of hazardous materials in accordance with all applicable
laws, regulations, and requirements as part of facility and space
management activities.
B-5 Acquisition, installation, operation, and removal of
communications systems (including fiber optic cable), data processing
equipment, and similar electronic equipment in or from existing
facilities. Examples include purchasing, installing, decommissioning,
and removing routers, repeaters, switches, cable, computers equipment,
office equipment, and other related equipment in existing facilities.
B-6 Proposed new activities and operations conducted in an existing
structure that would be consistent with previously established safety
levels and would not result in a change in use of the facility.
Examples include new types of research, development, testing, and
evaluation activities, and laboratory operations conducted within
existing enclosed facilities designed to support research and
development activities.
B-7 Acquisition or use of space within existing facilities or
portion thereof by purchase, lease, or use agreement where use or
operation will remain unchanged. Examples include acquiring office
space through lease, purchase, or use agreement, and acquisition of
laboratory space through lease, purchase, or use agreement.
B-8 Transfer of administrative control over real property,
including related personal property, between another Federal agency and
NTIA that does not result in a change in the functional use of the
property. Examples include transfer of facilities for use by NTIA,
transfers of computer equipment, office equipment, and personal
property, including laptops and cell phones.
B-9 Decisions and actions to close facilities, decommission
equipment, or temporarily discontinue use of facilities or equipment,
where the facility or equipment, including office equipment,
telecommunications equipment, and computer equipment, is not used to
prevent or control environmental impacts.
B-10 The determination and disposal of real property, such as
excess office space, or personal property, including laptops and cell
phones, that is excess to the needs of NTIA, when the real property or
personal property is excessed in conformity with applicable General
Services Administration procedures or is statutorily authorized to be
excessed.
Operational Actions
C-1 Research activities conducted in laboratories and facilities
where research practices and safeguards prevent environmental impacts.
Examples include types of research, development, testing, and
evaluation activities, and laboratory operations conducted within
existing enclosed facilities designed to support research and
development activities.
C-2 Outdoor research activities conducted in compliance with all
applicable laws, regulations, and requirements. Examples include types
of research, development, testing, and evaluation activities conducted
outdoors where no new ground disturbance occurs and no sensitive
resources (e.g., threatened or endangered species, archaeological
sites, Tribal resources, wetlands, and waterbodies) are present, such
as radar testing, radio noise measurements, and public safety
communications research.
C-3 Periodic flight activities for training and research and
development, that are routine and comply with all applicable laws,
Federal Aviation Administration regulations, and other requirements.
C-4 New construction or improvement of operations or support
facilities, switching stations, maintenance facilities, and other non-
tower structures on previously disturbed ground, with no more than 1
acre (0.4 hectare) of ground disturbance, where the proposed facility
use is generally compatible with the surrounding land use and
applicable zoning standards, and will not require additional support
infrastructure.
C-5 Installing, operating, maintaining, retrofitting, upgrading,
repairing, removing, and/or replacement of existing microwave or radio
communication towers, instruments, structures, or buildings that do not
require ground disturbance outside of the original footprint, including
installing or collocating equipment such as antennas, microwave dishes,
or power units. For communication towers at or below 199 feet,
renovations and equipment additions must not cause the total height of
the tower to exceed 199 feet. Existing structures must not be eligible
for listing under the National Register of Historic Places.
C-6 New construction or improvement of temporary buildings or
experimental equipment (e.g., trailers, prefabricated buildings, and
test slabs) on previously disturbed ground, with no more than 1 acre
(0.4 hectare) of ground disturbance, where the proposed facility use is
generally compatible with the surrounding land use and applicable
zoning standards and will not require additional support
infrastructure.
C-7 New construction of self-supporting (e.g., monopole or lattice)
[[Page 19094]]
wireless communication towers at or below 199 feet with no guy wires
that require less than 1 acre (0.4 hectare) of ground disturbance, and
where another Federal agency would not require an EA or EIS for its
acquisition, installation, operations, or maintenance.
C-8 Changes to existing transmission lines or aerial fiber optic
cable that involve less than 20 percent pole replacement, only where
either the same or substantially equivalent support structures at the
approximate existing support structure locations are used. Changes to
existing transmission lines that require 20 percent or greater pole
replacement will be considered the same as new construction.
C-9 Acquisition, installation, reconstruction, repair by
replacement, and operation of utility (e.g., water, sewer, electrical),
communication (e.g., fiber optic cable, data processing cable and
similar electronic equipment), and security systems that use existing
rights-of-way, easements, grants of license, distribution systems,
facilities, or similar arrangements.
Extraordinary Circumstances
Extraordinary Circumstances that may preclude the use of a CE
include:
1. Reasonable likelihood that the proposed action occurs within an
environmentally sensitive or unique \13\ geographic area of notable
recreational, ecological, scientific, cultural, scenic, or aesthetic
importance.
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\13\ ``Environmentally sensitive or unique'' resources and areas
may include, but are not limited to: all federal lands; areas having
special designation or recognition such as prime or unique or
agricultural lands; designated wilderness or wilderness study areas;
wild and scenic rivers; 100-year or 500-year floodplains; coastal
zones; wetlands; sole source aquifers (potential sources of drinking
water); National Wildlife Refuges; National Parks; areas containing
proposed or federally listed threatened or endangered species, or
their designated critical habitat (including species and habitat
listed under the Endangered Species Act of 1973 (16 U.S.C. part 1531
et seq.); Migratory Bird Treaty Act of 1918 (16 U.S.C. part 703 et
seq.) and Bald and Golden Eagle Act of 1940, (16 U.S.C. part 668 et
seq.)); areas of critical environmental concern; or other areas of
high environmental sensitivity.
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2. Reasonable likelihood that the proposed action impacts species
listed or proposed to be listed as Endangered or Threatened Species or
have adverse effects on designated Critical Habitat for these species.
3. Reasonable likelihood that the proposed action impacts migratory
birds or their habitats.
4. Reasonable likelihood that the proposed action adversely affects
historic, archeological, or cultural sites, including Native American
Traditional Cultural Properties, properties listed or eligible for
listing on the National Register of Historic Places, or land identified
by archeologists as having high potential to contain archeological
resources.
5. Reasonable likelihood that the proposed action restricts access
to and ceremonial use of Indian sacred sites by Indian practitioners or
adversely affect the physical integrity of such religious sacred sites.
6. Reasonable likelihood that the proposed action adversely impacts
waterbodies, wetlands, floodplains, water quality, sole source
aquifers, public water supply systems, or state, local, or tribal water
quality standards established under the Clean Water Act or the Safe
Drinking Water Act.
7. Reasonable likelihood that the proposed action has a
disproportionately high and adverse effect on low-income populations or
minority populations.
8. Reasonable likelihood that the proposed action involves
construction on or near an active, inactive, or abandoned contaminated
or hazardous waste site, or involve generation, transportation,
treatment, storage, or disposal of substances hazardous to human health
or the environment.
9. Reasonable likelihood that the proposed action involves the
generation of ionizing or non-ionizing radiation or use of any
radiation in excess of the Federal Communications Commission's
established Maximum Permissible Exposure limits for human exposure to
Radiofrequency Electromagnetic Energy fields.
10. Reasonable likelihood that the proposed action is controversial
because of the introduction or employment of unproven technology,
highly scientifically uncertain or unique environmental effects,
substantial disagreement over the possible size, nature, or effect on
the environment, or likelihood of degrading already existing poor
environmental conditions.
11. Reasonable likelihood that the proposed action violates a
Federal, Tribal, state, or local law, regulation, policy, or
requirement imposed for the protection of the environment.
12. Reasonable likelihood that the proposed action is of a greater
size or scope than is normal for an action of its type.
13. Reasonable likelihood that the proposed action has any other
impacts on human health or the environment that have not been otherwise
addressed.
Stephanie Weiner,
Acting Chief Counsel, National Telecommunications and Information
Administration.
[FR Doc. 2023-06575 Filed 3-29-23; 8:45 am]
BILLING CODE 3510-60-P