Federal Register, Volume 89 Issue 9 (Friday, January 12, 2024)

[Federal Register Volume 89, Number 9 (Friday, January 12, 2024)]
[Notices]
[Pages 2214-2216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00564]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Adoption of Department of Navy Categorical Exclusion Pursuant to 
Section 109 of the National Environmental Policy Act (NEPA)

AGENCY: Defense Advanced Research Projects Agency (DARPA), Department 
of Defense (DoD).

ACTION: Notice of adoption of the Department of Navy's (DoN) 
categorical exclusion for passive scientific measurement devices 
pursuant to section 109 of the NEPA.

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SUMMARY: DARPA is adopting the DoN's categorical exclusion 19 for the 
installation and operation of passive scientific measurement devices. 
This notice describes the proposed action for which DARPA intends to 
use the DoN categorical exclusion and details the consultation between 
the agencies.

DATES: This action is effective January 12, 2024.

FOR FURTHER INFORMATION CONTACT: Dr. Catherine Campbell, 703-526-2044 
(Voice), [email protected] (Email).

SUPPLEMENTARY INFORMATION:

I. Background

National Environmental Policy Act and Categorical Exclusions

    NEPA, 42 U.S.C. 4321-4347, requires all Federal agencies to assess 
the environmental impacts of their actions. Congress enacted NEPA to 
encourage productive and enjoyable harmony between humans and the 
environment, recognizing the profound impact of human activity and the 
critical

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importance of restoring and maintaining environmental quality to the 
overall welfare of humankind. NEPA seeks to ensure agencies consider 
the environmental effects of their proposed actions in their decision-
making processes and inform and involve the public in that process. 
NEPA created the Council on Environmental Quality (CEQ), which 
promulgated NEPA implementing regulations, 40 Code of Federal 
Regulations (CFR) parts 1500 through 1508 (CEQ regulations).
    To comply with NEPA, agencies determine the appropriate level of 
review--an Environmental Impact Statement (EIS), Environmental 
Assessment (EA), or categorical exclusion. (42 U.S.C. 4336). If a 
proposed action is likely to have significant environmental effects, 
the agency must prepare an EIS and document its decision in a record of 
decision. Id. If the proposed action is not likely to have significant 
environmental effects or the effects are unknown, the agency may 
instead prepare an EA, which involves a more concise analysis and 
process than an EIS. Id. Following the EA, the agency may conclude the 
process with a finding of no significant impact if the analysis shows 
that the action will have no significant effects. If the analysis in 
the EA finds that the action is likely to have significant effects, 
however, then an EIS is required.
    Under NEPA and the CEQ regulations, a Federal agency may establish 
in its NEPA implementing procedures categorical exclusions, which are 
categories of actions the agency has determined normally do not 
significantly affect the quality of the human environment. (40 CFR 
1501.4, 1507.3(e)(2)(ii), 1508.1(d)). If an agency determines that a 
categorical exclusion covers a proposed action, it then evaluates the 
proposed action for extraordinary circumstances in which a normally 
excluded action may have a significant effect. (40 CFR 1501.4(b)). If 
no extraordinary circumstances are present or if further analysis 
determines that the extraordinary circumstances do not involve the 
potential for significant environmental impacts, the agency may apply 
the categorical exclusion to the proposed action without preparing an 
EA or EIS. (40 CFR 1501.4). If the extraordinary circumstances have the 
potential to result in significant effects, the agency is required to 
prepare an EA or EIS.
    Section 109 of NEPA, enacted as part of the Fiscal Responsibility 
Act of 2023, allows a Federal agency to adopt a categorical exclusion 
listed in another agency's NEPA procedures for a category of proposed 
agency actions for which the categorical exclusion was established 42 
U.S.C. 4336(c). To adopt another agency's categorical exclusion under 
section 109, an agency must identify the relevant categorical exclusion 
listed in that agency's (``establishing agency'') NEPA procedures that 
cover its category of proposed actions or related actions; consult with 
the establishing agency to ensure that the proposed adoption of the 
categorical exclusion to a category of actions is appropriate; identify 
to the public the categorical exclusion that the agency plans to use 
for its proposed actions; and document adoption of the categorical 
exclusion. Id.
    This notice documents DARPA's adoption of DoN's categorical 
exclusion under Section 109 of NEPA.

II. Identification of the Categorical Exclusion

    DoN's categorical exclusion for the use of passive scientific 
measurement devices is codified in DoN's NEPA procedures as categorical 
exclusion 19 in 32 CFR 775.6(f)(19).

Proposed Action

    DARPA proposes to deploy a single reef mimicking structure (RMS, 
258.2 ft\2\) on the seafloor of the Kilo Nalu Observatory (KNO) on the 
south shore of O[revaps]ahu, Hawai[revaps]i for a period of no longer 
than five years. A Particle Image Velocimeter (PIV), coral larval 
settlement modules (20 to 40 dome-shaped concrete structures), and two 
Acoustic Doppler Velocimeters (ADVs) would be attached to the RMS to 
test material durability and water flow characteristics. The overall 
footprint on the seafloor does not increase beyond the size of the RMS 
when the instruments are attached. The need to collect oceanographic 
data with this equipment is to inform the design and deployment of reef 
mimicking structures as part of DARPA's Reefense Program.

III. Rationale for the Categorical Exclusion

    The RMS is a passive oceanographic tool developed to dissipate wave 
energy. The amount of wave energy that is dissipated will be measured 
by the attached oceanographic instruments (PIV, larval settlement 
modules, and ADVs). The RMS would not be shallow enough to function as 
a breakwater; it is a tool to learn whether consistent wave energy can 
be effectively dissipated (e.g., energy coming in through the exterior 
holes then bouncing around within the RMS) and to ensure the durability 
of the materials. The PIV and ADVs would measure velocity fields of 
ocean currents and the larval settlement modules would measure material 
durability. The RMS would not be deployed with any living organisms 
attached to it. KNO is an established research site managed by the 
University of Hawaii at Manoa. The site was chosen for this testing 
because it is already supplied with infrastructure (e.g., electric 
power) to support other ongoing scientific research and the ground 
swell is consistent and predictable, thus it can allow for better data 
collection.

IV. Consideration of Extraordinary Circumstances

    If an agency determines that a categorical exclusion covers a 
proposed action, the agency must evaluate the proposed action for 
extraordinary circumstances in which a normally excluded action may 
have a significant effect. (40 CFR 1501.4(b)). DARPA does not currently 
have its own NEPA implementing procedures to guide its application of 
extraordinary circumstances. Until DARPA establishes NEPA implementing 
procedures, for purposes of considering extraordinary circumstances in 
connection with the DoN categorical exclusion discussed in this notice, 
DARPA has considered whether the proposed action has the potential to 
result in significant effects, including by considering the factors 
listed in DoN's definition of extraordinary circumstances. (32 CFR 
775.6(e)(1)).
    DARPA has assessed the extraordinary circumstances and determined 
they are not present.

V. Consultation With DoN and Determination of Appropriateness

    DARPA and DoN consulted on the appropriateness of DARPA's adoption 
of the categorical exclusion from July to November 2023. This 
consultation included a review of DoN's experience applying the 
categorical exclusion and the proposed action for which DARPA plans to 
utilize it. Following this consultation and review, DARPA has 
determined that the impacts of the proposed action to install and 
operate passive scientific measurement devices for a temporary period 
of time, no longer than five years, in an existing scientific 
observatory, KNO, is similar to the impacts, which are not significant, 
of projects for which DoN may apply the categorical exclusion. 
Additionally, DARPA determined that there are no extraordinary 
circumstances. Therefore, DARPA has determined that its proposed use of 
DoN's categorical

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exclusion 19, as described within this notice, would be appropriate.

Notice to the Public and Documentation of Adoption

    This notice documents adoption of the DoN categorical exclusion 
listed above in accordance with 32 CFR 775.6(e)(1) and is available for 
use by DARPA, effective immediately.

    Dated: January 9, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2024-00564 Filed 1-11-24; 8:45 am]
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