[Federal Register Volume 89, Number 71 (Thursday, April 11, 2024)]
[Rules and Regulations]
[Pages 25497-25503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07006]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
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  Federal Register / Vol. 89, No. 71 / Thursday, April 11, 2024 / Rules 
and Regulations  

[[Page 25497]]



NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Part 1216

[Document Number-23-038; Docket Number-NASA-2023-0005]
RIN 2700-AE56


Procedures for Implementing the National Environmental Policy Act

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The National Aeronautics and Space Administration (NASA) is 
amending and updating its regulations for implementing the National 
Environmental Policy Act of 1969 (NEPA). The amendments revise NASA's 
regulations to better align with the Agency's current and near future 
actions, adjust the level of NEPA review and documentation required for 
certain actions, and provide more concise descriptions of NASA actions. 
Additionally, consistent with NASA's requirement to review existing 
Categorical Exclusions (CatExs) at least every seven years to determine 
whether modifications, additions, or deletions are appropriate, this 
final rule incorporates updates to NASA's CatExs based on that review. 
With the exception of revisions to the legal authority citations, there 
are no textual changes between the proposed rule that published for 
public comment on May 3, 2023, and this final rule.

DATES: Effective April 11, 2024.

FOR FURTHER INFORMATION CONTACT: Tina Norwood, (202) 740-2308, 
[email protected]. General information about NASA's NEPA process is 
available on the NASA NEPA Portal and NEPA Library at https://www.nasa.gov/emd/nepa.

SUPPLEMENTARY INFORMATION:

Background

    The National Environmental Policy Act, as amended, 42 U.S.C. 4321-
4347, requires Federal agencies to consider the environmental impact of 
their proposed actions (42 U.S.C. 4332(2)(C)). The Council on 
Environmental Quality (CEQ) has promulgated regulations at 40 CFR parts 
1500 through 1508 (CEQ regulations) implementing NEPA that provide the 
overarching framework for Federal agency implementation of NEPA. On 
July 16, 2020, the CEQ issued a final rule comprehensively updating its 
regulations implementing NEPA, 85 FR 43304 (July 16, 2020). The CEQ 
regulations require Federal agencies to develop or revise their 
procedures for implementing NEPA, as necessary, for consistency with 
CEQ's regulations or for efficiency (40 CFR 1507.3(b), (c)). However, 
the CEQ has extended the deadline for agencies to propose conforming 
adjustments to their agency NEPA procedures until September 14, 2023, 
86 FR 34154 (June 29, 2021). Moreover, consistent with Executive Orders 
(E.O.) 13990 of January 20, 2021, Protecting Public Health and the 
Environment and Restoring Science to Tackle the Climate Crisis, and 
E.O. 14008 of January 27, 2021, Tackling the Climate Crisis at Home and 
Abroad, the CEQ is conducting a comprehensive review of the 2020 
revisions to the CEQ regulations and is taking a phased approach to 
reconsider the regulations. See 86 FR 55757 (Oct. 7, 2021); 87 FR 23453 
(Apr. 20, 2022). In this rulemaking, NASA is implementing new and 
revised CatExs, revising its list of actions normally requiring 
environmental impact statements or environmental assessments (EA), and 
making other clarifying non-substantive revisions. NASA will consider 
whether to propose additional changes to its procedures at the 
conclusion of CEQ's ongoing rulemaking process.
    NASA's NEPA regulations are codified in 14 CFR subpart 1216.3 
(Procedures for Implementing the National Environmental Policy Act). 
NASA consulted with the CEQ during the development of these updated 
procedures and prior to their publication in the Federal Register. 
These regulations (1) codify changes to NASA's implementing regulations 
which reflect lessons learned since NASA last amended its NEPA 
regulations in 2012 (77 FR 3102 (Jan. 23, 2012)); (2) encourage 
increased use of programmatic NEPA documents and tiering for routine 
and repetitive actions for which the environmental impact is well 
understood; and (3) add several new CatExs for NASA actions that 
neither individually nor cumulatively have a significant impact on the 
quality of the human environment.
    In addition to NASA's implementing regulations, NASA provides 
specific instructions pertaining to NEPA program responsibilities 
internally through NASA Procedural Requirements (NPR) 8580.1, 
Implementing the National Environmental Policy Act and E.O. 12114, 
available at NASA's NEPA website https://www.nasa.gov/emd/nepa (under 
NEPA Process).
    Since NASA's last NEPA regulatory revision in 2012, NASA's mission, 
programs, and strategic goals have evolved with a key focus on leading 
a new era of human space exploration, performing transformative 
aeronautics technology research, and continuing to study our planet and 
the solar system. This final rule builds upon decades of NASA's 
experience and seeks to better align with NASA's evolving technology 
and mission demands. NASA's NEPA regulations and policy will continue 
to be available on NASA's Public Portal at https://www.nasa.gov/emd/nepa/ (under NEPA Process). In addition, NASA NEPA policy (NPR 8580.1) 
will be updated to reflect the revised updated NASA regulations and 
posted on the website.
    Public Comment Discussion: NASA published a Notice of Proposed 
Rulemaking (NPRM) in the Federal Register on May 3, 2023 (88 FR 27804), 
which proposed amendments to its current regulations at 14 CFR part 
1216. The 60-day comment period on the proposed rule closed on July 3, 
2023. NASA received three comments on the public docket. Two of the 
comments are specific to this NPRM. Given their brevity, NASA sets 
forth the substantive comments, and NASA's response, in full below. 
NASA received a third comment that did not pertain to NASA's NEPA 
process nor this rulemaking and which does not require a response. 
After a thorough review of the comments received, NASA made no changes 
to the text of this rule in response to the received comments.

[[Page 25498]]

    Public Comment #1: ``In paragraph one of the introduction section 
it says that NASA wants to `adjust the level of NEPA review and 
documentation required for certain NASA actions that have become 
routine over the past decade for which NASA has determined they do not 
have significant environmental effects'. I am curious if this is 
effective. If NASA is doing their own review over what they believe 
does not effect the environment is it neutral? How do we know they're 
actually following environmental regulations when they did the review 
themselves. I feel as though they are biased in this determination and 
that outside agencies should check on this and make sure they actually 
do not negatively impact the environment before they are allowed to 
change the regulations.''
    Public Comment #2: ``I support revising NEPA procedures to keep up 
to date on new scientific information and rapidly changing 
environmental conditions. But I oppose agency attempts to circumvent 
necessary NEPA analysis out of convenience or political expediency. 
NEPA remains a critically important law to ensure objective analysis of 
the potential environmental consequences of proposed actions and of 
feasible alternatives. It is also often the only opportunity for 
meaningful government transparency and public involvement.
    The climate and extinction crises are escalating and pose an 
existential threat to humanity and the biosphere. It is imperative that 
NASA and other federal agencies use every NEPA analysis process to seek 
solutions to these crises. Our `spaceship Earth' is in trouble and we 
need to be taking bold and innovative actions to save it. Thank you 
very much for your consideration.''
    NASA Response: In response to the first comment, NASA notes that 
NEPA and the CEQ regulations implementing NEPA place the responsibility 
for evaluating the environmental impact of an action proposed by a 
Federal agency on the agency that proposes the action. 42 U.S.C. 
4332(2)(C); 40 CFR 1501.2. The CEQ regulations also direct agencies to 
``adopt, as necessary, agency NEPA procedures to improve agency 
efficiency and ensure that agencies make decisions in accordance with 
the Act's procedural requirements,'' and to ``consult with [CEQ] while 
developing or revising [their] proposed procedures.'' 40 CFR 
1507.3(b)(1), (c). To ensure NASA's NEPA regulations properly reflect 
these statutory and regulatory mandates, NASA coordinated development 
of this rule with the CEQ, received Federal interagency comments during 
the E.O. 12866 interagency review process, and made the NPRM available 
for a 60-day period of public review and comment. On January 18, 2024, 
the CEQ provided a letter confirming that this rule is in conformity 
with NEPA and the CEQ regulations. This process ensured that NASA's 
NEPA regulations are unbiased and conform to the CEQ's NEPA 
regulations. NEPA and the CEQ regulations furthermore require NASA to 
ensure the professional integrity, including scientific integrity, of 
its environmental analyses. 42 U.S.C. 4332(2)(D); 40 CFR 1502.23. 
NASA's regulations and policies in 14 CFR subpart 1216.1 will ensure 
that NASA's analyses of environmental impacts of proposed actions will 
not pre-determine any outcome (i.e., will be neutral and present the 
decision maker with an evidence- and science-based analysis). 14 CFR 
1216.1.
    Further, NASA's changes to its NEPA regulations are fully supported 
by: (1) the substantial administrative record, which provides 
supporting information for the review, development, and implementation 
of NASA's new and modified CatExs; (2) NASA's scoping and public notice 
and comment process, which has informed the Agency on the appropriate 
level of NEPA review to typically be applied to similar actions; and 
(3) final NEPA documents themselves, which are widely available to the 
public.
    NASA directly benefits from its partnership with cooperating and 
consulting agencies and Native American Tribes that have jurisdiction 
over an aspect of a proposed action or special expertise with respect 
to any environmental issue. Such consultation and coordination are also 
required by other independent legal requirements (e.g., consultation 
under the Endangered Species Act, government-to-government consultation 
with Tribal Nations, consultation regarding effects to cultural 
resources under the National Historic Preservation Act; coordination 
with regard to impacts to wetlands under the Clean Water Act, etc.).
    NASA also agrees with the second commenter's statements regarding 
the importance of NEPA and its critical role in objective agency 
decision-making. NASA is not updating the rule to circumvent the NEPA 
process out of convenience or political expediency. Rather, the updates 
to the regulations seek to improve NASA's consideration of 
environmental impacts related to its evolving mission, which includes 
the study of the Earth and collection of data essential to man's 
understanding of short and long-term effects of climate change. By 
encouraging programmatic reviews and updating NASA's list of 
categorical exclusions, the regulation drives efficiencies that will 
help NASA further this mission. In addition, NASA's final rule provides 
transparency and public involvement, emphasizing NASA's commitment to 
the integrity of the NEPA process.
    Statutory Authority: The National Aeronautics and Space Act, 51 
U.S.C. 20101 et seq., authorizes the NASA Administrator to make, 
promulgate, issue, rescind, and amend rules and regulations governing 
the manner of its operations and the exercise of the powers vested in 
it by law.

Regulatory Analysis

A. Executive Order (E.O.) 12866--Regulatory Planning and Review

    E.O.s 13563 and 12866 direct agencies to assess all costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety 
effects, distributive impacts, and equity). E.O. 13563 emphasizes the 
importance of quantifying both costs and benefits, reducing costs, 
harmonizing rules, and promoting flexibility. After conferring with the 
Office of Management and Budget, this final rule has been determined to 
not meet the criteria set forth under section 3(f) of E.O. 12866 for 
designation as a ``significant regulatory action.''

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an 
agency to prepare an initial regulatory flexibility analysis to be 
published at the time the final rule is published. This requirement 
does not apply if the agency ``certifies that the rule will not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities'' (5 U.S.C. 603). This final rule modifies existing 
policies and procedural requirements for NASA compliance with NEPA. The 
final rule makes no substantive changes to requirements imposed on 
applicants for licenses, permits, financial assistance, and similar 
actions as related to NEPA compliance. Therefore, NASA certifies this 
final rule does not have a ``significant economic impact on a 
substantial number of small entities.''

C. Review Under the Paperwork Reduction Act

    This final rule does not contain any information collection 
requirements

[[Page 25499]]

subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

D. Environmental Review Under the National Environmental Policy Act

    The final rule revises agency procedures and guidance for 
implementing NEPA. NASA NEPA procedures are procedural guidance to 
assist in the fulfillment of Agency responsibilities under NEPA but are 
not the Agency's final determination of what level of NEPA analysis is 
required for a particular proposed action. The CEQ sets forth the 
requirements for establishing agency NEPA procedures in its regulations 
at 40 CFR 1507.3. The CEQ regulations do not require agencies to 
conduct NEPA analyses or prepare NEPA documentation when establishing 
their NEPA procedures. The determination that establishing agency NEPA 
procedures does not require supporting NEPA analysis and documentation 
has been upheld in Heartwood, Inc. v. U.S. Forest Service, 73 F. Supp. 
2d 962, 972-73 (S.D. Ill 1999), aff'd, 230 F.3d 947, 954-55 (7th Cir. 
2000).

E. Review Under Executive Order 13132

    NASA has considered this final rule under the requirements of E.O. 
13132, Federalism. The Agency has concluded that the rule conforms with 
the federalism principles set out in this E.O., will not impose any 
compliance costs on the states, and will not have substantial direct 
effects on the states or the relationship between the National 
Government and the states or on the distribution of power and 
responsibilities among the various levels of government. Therefore, the 
Agency has determined that no further assessment of federalism 
implications is necessary.

F. Review Under the Unfunded Mandates Reform Act

    Pursuant to Title II of the Unfunded Mandates Reform Act (UMRA) of 
1995 (2 U.S.C. 1531-1538), NASA has assessed the effects of the final 
rule on state, local, and Tribal governments, and the private sector. 
This final rule would not compel the expenditure of $100 million or 
more by any state, local, or Tribal government, or anyone in the 
private sector. Therefore, this final rule is not subject to the 
requirements of section 202 and 205 of the UMRA.

G. Expected Impact of the Final Rule

    NASA does not expect this final rule to have any economic impact on 
the overall economy of the United States; state, local, or Tribal 
governments or communities; or any private party involved in commercial 
space launch activities at NASA facilities. Given the most recent data 
NASA has available, most NASA actions fall within the scope of a CatEx 
(98 percent categorically excluded, 1.4 percent had an environmental 
assessment (EA)/Finding of No Significant Impact, and 0.16 percent had 
an environmental impact statement (EIS)/Record of Decision). By 
expanding the list of actions covered by a CatEx, this final rule 
promotes more efficient NEPA compliance without sacrificing the 
integrity of the environmental impact review process for those actions 
which may require an EA or EIS.
    The updates to several existing NASA CatExs and the addition of 
nine new CatExs are intended to further streamline NASA NEPA compliance 
for actions that, individually or cumulatively, do not have a 
significant impact on the quality of the human environment. The final 
rule does not materially alter the budgetary impact of entitlements, 
grants, NASA loan programs, or the rights and obligations of recipients 
thereof. The final rule does not raise novel legal or policy issues; 
rather it promotes consistency with the CEQ's NEPA implementing 
regulations, thereby providing more regulatory certainty concerning 
NEPA compliance obligations to both NASA programs and commercial space 
operators who may propose actions that would occur on NASA 
jurisdictional facilities. Therefore, this final rule is not expected 
to have any adverse effect, economically or otherwise, on NASA, any 
other Federal, state, local, or Tribal entity, or any private party who 
may propose an action that would occur at a NASA jurisdictional 
facility.

List of Subjects in 14 CFR Part 1216

    Environmental impact statements, Flood plains, Foreign relations.

    For the reasons given in the preamble, NASA amends 14 CFR part 1216 
as follows:

PART 1216--ENVIRONMENTAL QUALITY

0
1. Add an authority citation for part 1216 to read as follows:

    Authority: 51 U.S.C. 20101 et seq.; 42 U.S.C. 4321 et seq.; 42 
U.S.C. 4371 et seq.; 42 U.S.C. 7609; 40 CFR parts 1500 through 1508.

Subpart 1216.3--Procedures for Implementing the National 
Environmental Policy Act (NEPA)

0
2. The authority citation for subpart 1216.3 is revised to read as 
follows:

    Authority:  51 U.S.C. 20101 et seq.; 42 U.S.C. 4321 et seq.; 40 
CFR parts 1500 through 1508.


0
3. Amend Sec.  1216.300 by revising paragraph (b) to read as follows:


Sec.  1216.300   Scope.

* * * * *
    (b) Through this subpart, NASA adopts the Council on Environmental 
Quality (CEQ) regulations implementing NEPA (40 CFR parts 1500 through 
1508) and supplements those regulations with this subpart, for actions 
proposed by NASA that are subject to NEPA. This subpart and NASA's NEPA 
policy are available on NASA's Public Portal at https://www.nasa.gov/emd/nepa.

0
4. Revise Sec.  1216.302 to read as follows:


Sec.  1216.302   Responsibilities.

    (a) The NASA Senior Agency Official (SAO), is the Associate 
Administrator, Mission Support Directorate. The SAO is responsible for 
overall Agency NEPA compliance, including integration of NEPA into the 
Agency's planning and decision making and resolving implementation 
issues.
    (1) The NASA Senior Environmental Official (SEO) is the Assistant 
Administrator, Office of Strategic Infrastructure. The SEO, in 
consultation with the SAO, is responsible for development and 
implementation of NASA NEPA policy requirements and guidance which 
fully integrate NEPA compliance into Agency planning and decision-
making processes. To the extent the CEQ's implementing regulations at 
40 CFR parts 1500 through 1508 reserve a specific authority to the SAO, 
the SAO is the responsible NASA official for resolving matters related 
to that specific authority.
    (2) The NASA Headquarters/Environmental Management Division (HQ/
EMD), in consultation with the SEO, is responsible for implementing 
NEPA functions and guiding NASA's integration of NEPA into the Agency's 
planning and decision making. HQ/EMD provides oversight of all NASA 
entities in implementing their assigned responsibilities under NEPA. 
HQ/EMD, in coordination with the Center Environmental Management 
Office, is responsible for determining the appropriate level of NEPA 
documentation and maintaining a publicly accessible internet portal 
which includes information on the status of environmental impact 
statements (EISs) and other elements of NASA's NEPA program (https://www.nasa.gov/emd/nepa).
    (3) Each NASA Center has an environmental management office that

[[Page 25500]]

directs and implements the NEPA process, such as evaluating proposed 
actions; developing, reviewing, and approving required documentation; 
and advising Center-level program and project managers.
    (b) The ``Responsible Official'' is the NASA official who will 
ensure that planning and decision-making for each proposed Agency 
action complies with the regulations in this subpart and with Agency 
NEPA policy and guidance provided by the SAO, SEO, HQ/EMD, and the 
Center's environmental management office as applicable.
    (c) NASA must comply with this subpart when considering issuance of 
a permit, lease, easement, or grant to a non-Federal party and may seek 
such non-Federal party's assistance in obtaining necessary information 
and completing the NEPA process.

0
5. Revise Sec.  1216.303 to read as follows:


Sec.  1216.303   NEPA process in NASA planning and decision making.

    (a) NEPA is a procedural statute intended to ensure Federal 
agencies consider the environmental impacts of their proposed actions 
in the decision-making process. Full integration of the NEPA process 
with NASA project and program planning improves Agency decisions and 
ensures:
    (1) Consideration of sustainability, environmental stewardship, and 
compliance with applicable environmental statutes, regulations, and 
policies.
    (2) NASA's analyses and documentation are prepared using a process 
that is transparent to the public, including opportunities for receipt 
and consideration of public comment, when appropriate.
    (3) Potential program and project risks and delays are minimized.
    (b) In considering whether the effects of a proposed action are 
significant and determining the appropriate level of NEPA review and 
documentation (i.e., EIS, environmental assessments (EA), categorical 
exclusions (CatEx)), NASA shall consider and analyze the potentially 
affected environment (i.e., affected area [national, regional, or 
local] and resources located therein) and the degree of the effects of 
the proposed action (e.g., short- and long-term effects, effects both 
beneficial and adverse, effects on public health and safety, effects 
that would violate Federal, state, Tribal, or local law protecting the 
environment).
    (c) NASA shall consider the reasonably foreseeable environmental 
impacts of a proposed Agency action, along with technical, economic, 
public health and safety, security, and other factors that are 
reasonably foreseeable, beginning in the early planning stage of a 
proposed action. NASA will not take any action that would have an 
adverse environmental impact or limit the choice of reasonable 
alternatives prior to completing NEPA review except as provided in 40 
CFR 1506.1.
    (d) Records of Environmental Consideration (RECs) will be used to 
document: (1) Application of specific categorical exclusions to 
proposed actions;
    (2) Adoption of Federal draft or final NEPA documents;
    (3) Reevaluation of an existing NEPA document; and
    (4) Determination of whether an action fits within an existing NEPA 
document, including a programmatic NEPA document.

0
6. Amend Sec.  1216.304 by:
0
a. Revising paragraphs (a), (b), (c) introductory text, (c)(1), and 
(c)(3) through (6);
0
b. Removing paragraph (c)(7);
0
c. Revising paragraphs (d) introductory text and (d)(1)(ii) and (iv) 
through (vi);
0
d. Adding paragraph (d)(1)(ix);
0
e. Revising paragraphs (d)(2)(i) through (iii) and (v);
0
f. Adding paragraphs (d)(2)(vi) through (ix);
0
g. Revising paragraphs (d)(3) and (d)(4)(ii) through (iv);
0
h. Adding paragraphs (d)(4)(vi) and (vii);
0
i. Revising paragraphs (d)(5)(i) and (ii) and (e); and
0
j. Removing paragraph (f).
    The revisions and additions read as follows:


Sec.  1216.304  Categorical exclusions.

    (a) Categorical exclusions (CatExs) are categories of Agency 
actions that normally do not have a significant effect on the human 
environment and therefore do not require preparation of an EA or EIS. 
CatExs reduce paperwork, improve Government efficiency, and eliminate 
delays in initiating and completing proposed actions having no 
significant environmental impact. For some CatExs, as indicated in 
paragraph (d) of this section, a REC is required.
    (b) Application of CatExs and presence of extraordinary 
circumstances:
    (1) A proposed action may be categorically excluded if the action 
fits within the categories listed in paragraph (d) of this section and 
it does not involve any extraordinary circumstances in which a normally 
excluded action may have a significant effect.
    (2) If an extraordinary circumstance as described in paragraph (c) 
of this section is present, NASA may nevertheless categorically exclude 
the proposed action if the action fits within the categories listed in 
paragraph (d) of this section and NASA determines that implementation 
of mitigation measures, such as relocation of the proposed action to an 
alternative site or limiting construction activities to certain 
seasonal periods of the year to avoid the extraordinary circumstance(s) 
in question, are sufficient to allow the proposed action to be 
categorically excluded.
    (c) Extraordinary circumstances include situations where the 
proposed action:
    (1) Has a reasonable likelihood of having a significant effect on 
public health and safety or the human environment.
* * * * *
    (3) Is of significantly greater scope or size than is normal for 
the particular category of action.
    (4) Has a reasonable likelihood of having effects that would 
violate Federal, state, Tribal, or local laws, or other enforceable 
requirements applicable to environmental protection.
    (5) May adversely affect sensitive resources, such as, but not 
limited to, Federally listed threatened or endangered species, their 
designated critical habitat, wilderness areas, floodplains, wetlands, 
aquifer recharge areas, coastal zones, wild and scenic rivers, and 
significant fish or wildlife habitat, unless the impact has been 
resolved through another environmental review process (e.g., the Clean 
Water Act (CWA) or the Coastal Zone Management Act (CZMA)).
    (6) May adversely affect national natural landmarks or cultural or 
historic resources, including, but not limited to, property listed on 
or eligible for listing on the National Register of Historic Places, 
unless the impact has been resolved through another review process 
(e.g., the National Historic Preservation Act (NHPA)).
    (d) The following actions normally do not have a significant effect 
on the human environment and are categorically excluded from the 
requirement to prepare an EA or EIS:
    (1) * * *
    (ii) Issuing procedural rules, manuals, directives, and 
requirements.
* * * * *
    (iv) Preparing documents, including design and feasibility studies, 
analytical supply and demand studies, reports and recommendations, 
master and strategic plans, and other advisory documents.

[[Page 25501]]

    (v) Information-gathering exercises, such as inventories, audits, 
and studies.
    (vi) Preparing and disseminating information, including document 
mailings, publications, classroom materials, conferences, speaking 
engagements, websites, and other educational/informational activities.
* * * * *
    (ix) Field studies, including water sampling, monitoring wells, 
cultural resources surveys, biological surveys, geologic surveys, 
modeling or simulations, routine data collection and analysis, and/or 
temporary equipment.
    (2) * * *
    (i) Routine maintenance, minor construction or rehabilitation, 
minor demolition, minor modification, minor repair, and continuing or 
altered operations at, or of, existing NASA or NASA-funded or -approved 
facilities and equipment, such as buildings, roads, grounds, utilities, 
communication systems, and ground support systems (e.g., space tracking 
and data systems). This includes routine operations such as security, 
public health and safety, and environmental services.
    (ii) Installing or removing equipment, including component parts, 
at existing Government or private facilities.
    (iii) Contributing equipment, software, technical advice, 
exchanging data, and consulting with other agencies and public and 
private entities.
* * * * *
    (v) Routine packaging, labeling, storage, transportation, and 
disposal of materials and wastes, in accordance with applicable 
Federal, state, Tribal, or local laws or requirements. Examples include 
but are not limited to hazardous, non-hazardous, and other regulated 
materials and wastes.
    (vi) Habitat and species management activities conducted within the 
boundaries of NASA-controlled properties in accordance with applicable 
Federal, state, or local requirements. Examples include but are not 
limited to restoration of unique or critical habitat; thinning or brush 
control to improve growth of natural habitat, reduce invasive species, 
or reduce fire hazard; prescribed burning to reduce natural fuel build-
up, reduce invasive species, or improve native plant vigor; planting 
appropriate vegetation that does not include noxious weeds or invasive 
plants; or wildlife management activities (REC required).
    (vii) Small-scale, short-term cleanup actions under the Resource 
Conservation and Recovery Act or other authorities to reduce risk to 
human health or the environment from the release or imminent and 
substantial threat of release of a hazardous substance other than high-
level radioactive waste and spent nuclear fuel, including treatment 
(such as incineration, encapsulation, physical or chemical separation, 
and compaction), recovery, storage, or disposal of wastes at existing 
facilities currently handling the type of waste involved in the action.
    (viii) Replacement of existing energy sources with alternative or 
renewable energy sources that comply with existing permit conditions.
    (ix) Routine maintenance, repair, and operation of vessels 
(including unmanned autonomous surface vessels), aircraft (including 
unmanned aircraft systems), overland/surface transportation vehicles, 
and other transportation systems as applicable. Examples include but 
are not limited to transportation or relocation of NASA equipment and 
hardware by barge, aircraft, or surface transportation system (e.g., 
tractor trailer or railroad); retrieval of spent solid rocket boosters 
by vessel; repair or overhaul of vessel, aircraft, or surface 
transportation systems that do not result in a change in the 
environmental impacts of their normal operation.
    (3) Research, Development, and Science Activities including:
    (i) Research, development, testing, and evaluation in compliance 
with all applicable Federal, state, Tribal, or local laws or 
requirements and Executive Orders. This includes the research, 
development, testing, and evaluation of scientific instruments proposed 
for use on spacecraft, aircraft (including unmanned aircraft systems), 
sounding rockets, balloons, laboratories, watercraft, or other outdoor 
activities.
    (ii) Use of small quantities of radioactive materials used for 
instrument detectors, calibration, and other purposes. Materials may be 
associated with the proposed use on spacecraft, aircraft (including 
unmanned aircraft systems), sounding rockets, balloons, laboratories, 
watercraft, or other outdoor activities.
    (iii) Use of lasers for research and development, scientific 
instruments and measurements, and distance and ranging, where such use 
meets all applicable Federal, state, Tribal, or local laws or 
requirements and Executive orders. This includes lasers associated with 
spacecraft, aircraft (including unmanned aircraft systems), sounding 
rockets, balloons, laboratories, watercraft, or other outdoor 
activities.
    (iv) Use of non-space nuclear system payloads on various platforms 
(e.g., launch vehicle, sounding rocket, scientific balloon, and 
aircraft) (REC required).
    (v) Return of samples from solar system bodies (e.g., asteroids, 
comets, planets, dwarf planets, and planetary moons) to Earth when 
categorized as an Unrestricted Earth Return. NASA defines this activity 
as collecting extraterrestrial materials from solar system bodies, 
deemed by scientific opinion to have no indigenous life forms, and 
returning those samples to Earth (REC required).
    (4) * * *
    (ii) Granting or accepting easements, leases, licenses, rights-of-
entry, and permits to use NASA property, or any non-NASA property, for 
activities that would be categorically excluded in accordance with this 
section (REC required).
    (iii) Transfer or disposal of real property, property rights, or 
interests if a resulting change in use is a use that would be 
categorically excluded under this section (REC required).
    (iv) Transferring real property administrative control to another 
Federal agency, including the return of public domain lands to the 
Department of the Interior (DoI) or other Federal agencies, and 
reporting of property as excess and surplus to the General Services 
Administration (GSA) for disposal, when the agency receiving 
administrative control (or GSA, following receipt of a report of 
excess) shall complete any necessary NEPA review prior to any change in 
land use (REC required).
* * * * *
    (vi) Change in the facility status of real property assets (e.g., 
active or inactive).
    (vii) Reductions, realignments, or relocation of personnel into 
existing Federally owned or commercially leased space that does not 
involve a substantial change affecting the supporting infrastructure 
(e.g., no increase in vehicular traffic beyond the capacity of the 
supporting road network to accommodate such an increase).
    (5) * * *
    (i) Periodic aircraft (including unmanned aircraft systems) flight 
activities, including training and research and development, which are 
routine and comply with applicable Federal, state, Tribal, or local 
laws or requirements, and Executive Orders.
    (ii) Relocation of similar aircraft (including unmanned aircraft 
systems) not resulting in a substantial increase in total flying hours, 
number of aircraft operations, operational parameters (e.g., noise), or 
permanent personnel or logistics support requirements at the receiving 
installation (REC required).
    (e) The Responsible Official shall review the proposed action in 
its early

[[Page 25502]]

planning stage and consider the scope of the action, the potentially 
affected environment, and the degree of the reasonably foreseeable 
effects of the action to determine whether extraordinary circumstances 
exist that could result, either individually or cumulatively, in 
significant environmental impacts. If extraordinary circumstances 
exist, the Responsible Official must determine whether application of 
the categorical exclusion to the proposed action is appropriate or 
whether preparation of an EA or EIS is required.

0
7. Revise Sec.  1216.305 to read as follows:


Sec.  1216.305   Actions normally requiring an environmental assessment 
(EA).

    (a) NASA shall prepare an EA, which complies with 40 CFR 1501.5, 
when a proposed action is not categorically excluded and is not likely 
to have significant effects or when the significance of the effects is 
unknown. NASA shall consider the potentially affected environment and 
degree of the effects of the action when determining whether to prepare 
an EA.
    (b) NASA actions normally requiring an EA include:
    (1) Altering the ongoing operations at a NASA Center where the 
significance of the environmental effect(s) is unknown.
    (2) Construction or modifications of facilities that represent a 
major change to an existing master plan and could result in a change in 
the environmental effect(s).
    (3) Actions that are expected to result in major changes to 
established land use.
    (4) Launching a spacecraft containing a space nuclear system. Space 
nuclear systems include radioisotope power systems, such as 
radioisotope thermoelectric generators and radioisotope heater units, 
and fission systems used for surface power and spacecraft propulsion.

0
8. Revise Sec.  1216.306 to read as follows:


Sec.  1216.306   Actions normally requiring an environmental impact 
statement (EIS).

    (a) NASA shall prepare an EIS for actions that are likely to 
significantly impact the quality of the human environment, including 
actions for which an EA demonstrates that significant environmental 
impacts will potentially occur which will not be reduced or eliminated 
by changes to the proposed action or mitigation of its potentially 
significant environmental impacts. An EIS shall be prepared and 
published in accordance with CEQ's implementing regulations (40 CFR 
part 1502).
    (b) NASA actions normally requiring an EIS include:
    (1) Development and operation of new NASA-developed launch vehicles 
or space transportation systems.
    (2) Management, including recovery, transport, and curation, of 
sample returns to Earth from solar system bodies (such as asteroids, 
comets, planets, dwarf planets, and planetary moons) that would receive 
a Restricted Earth Return categorization. NASA requires such a mission 
to include additional measures to ensure any potential indigenous life 
form would be contained so it could not adversely impact humans or 
Earth's environment.
    (3) Substantial construction projects expected to result in 
significant effect(s) on the quality of the human and natural 
environment when such construction and its effects are not within the 
scope of an existing master plan.
0
9. Revise Sec.  1216.307 to read as follows:


Sec.  1216.307   Programmatic documents and tiering.

    (a) For actions that require EAs or EISs, NASA encourages 
programmatic-level analysis for actions that are similar in nature, 
broad in scope, or likely to have similar environmental effects. 
Programmatic NEPA analyses may take place in the form of an EA or EIS. 
(b) Tiering from previously prepared EISs or EAs is appropriate when it 
would eliminate repetitive discussions of the same issues and exclude 
from consideration issues already decided. Tiering from a programmatic-
level NEPA document is appropriate for site- or project-specific 
actions that are included within the scope of the programmatic-level 
analysis.

0
10. Revise Sec.  1216.308 to read as follows:


Sec.  1216.308   Supplemental EAs and EISs.

    (a) In cases where a major Federal action remains to occur, 
supplemental documentation may be required for previously prepared EAs 
or EISs under the following circumstances:
    (1) If substantial changes are made to the proposed action that are 
relevant to environmental concerns; or
    (2) There are significant new circumstances or information relevant 
to environmental concerns and bearing on the proposed action and its 
impacts; or
    (3) NASA determines that the purposes of NEPA will be furthered by 
doing so.
    (b) The preparation of a supplemental EA or EIS shall be undertaken 
using the same procedural requirements set forth in 40 CFR 1501.5 or 40 
CFR part 1502, as applicable; however, in the event a supplement to an 
EIS is required, scoping shall not be required unless, at NASA's 
discretion and in consideration of the factors and requirements of 40 
CFR 1501.9, it is determined to be necessary or would otherwise further 
the purposes of NEPA.
    (c) When it is unclear if an EA or EIS supplement is required, NASA 
may prepare a Supplement Analysis.
    (1) The Supplement Analysis will discuss the circumstances that are 
pertinent to deciding whether to prepare a supplemental EA or EIS.
    (2) The Supplement Analysis will contain sufficient information for 
NASA to determine whether:
    (i) An existing EA or EIS should be supplemented;
    (ii) A new EA or EIS should be prepared; or
    (iii) No further NEPA documentation is required.
    (3) NASA shall make the determination and the related Supplement 
Analysis available to the public for information.
    (d) When applicable, NASA shall incorporate the determination and 
supporting Supplement Analysis made under paragraph (b) of this 
section, into the administrative record related to the action that is 
the subject of the EA or EIS supplement or determination.

0
11. Revise Sec.  1216.309 to read as follows:


Sec.  1216.309   Mitigation and monitoring.

    When the analysis proceeds to an EA or EIS and mitigation measures 
are adopted for the purpose of avoiding or reducing the significance of 
environmental impacts, such mitigation measures will be identified in 
the EA Finding of No Significant Impact (FONSI) or the EIS Record of 
Decision (ROD). NASA shall implement mitigation measures (including 
adaptive management strategies, where appropriate) consistent with 
applicable FONSIs and/or RODs and shall monitor their implementation 
and effectiveness. The Responsible Official shall ensure that funding 
for such mitigation measures is included in the program or project 
budget.

0
12. Amend Sec.  1216.310 by revising paragraph (a) to read as follows:


Sec.  1216.310   Classified actions.

    (a) The classified status of a proposed action does not relieve 
NASA of the requirement to assess, document, and consider the 
environmental impacts of a proposed action.
* * * * *

[[Page 25503]]


0
13. Revise Sec.  1216.311 to read as follows:


Sec.  1216.311   Emergency responses.

    (a) When the Responsible Official determines that emergency 
circumstances exist which make it necessary to take immediate response 
and/or recovery action(s) before preparing a NEPA analysis, then the 
following provisions apply:
    (1) The Responsible Official may undertake immediate emergency 
response and/or recovery action(s) necessary to protect life, property, 
or valuable resources. When taking such action(s), the Responsible 
Official shall, to the extent practicable, mitigate foreseeable adverse 
environmental impacts.
    (2) At the earliest practicable time, the Responsible Official 
shall notify the SAO of the emergency and any past, ongoing, or future 
NASA emergency response and/or recovery action(s). The SAO shall 
determine if NEPA applies and the appropriate level of NEPA analysis to 
document the emergency. If the emergency response and/or recovery 
action(s) will reasonably result in significant environmental impacts, 
the SAO shall consult with the CEQ about alternative arrangements for 
compliance with NEPA.
    (b) If the Responsible Official proposes emergency response and/or 
recovery actions that will continue beyond those needed to immediately 
protect life, property, and valuable resources, the Responsible 
Official shall consult with the SAO to determine the appropriate level 
of NEPA compliance. If continuation of the emergency actions will 
reasonably result in significant environmental impacts, the SAO shall 
consult with the CEQ about alternative arrangements for compliance.

0
14. Revise Appendix A to Subpart 1216.3 to read as follows:

Appendix A to Subpart 1216.3 of Part 1216--Acronyms

CatEx Categorical Exclusion
CEQ Council on Environmental Quality
CFR Code of Federal Regulations
CWA Clean Water Act
CZMA Coastal Zone Management Act
DoI (U.S.) Department of the Interior
EA Environmental Assessment
EMD Environmental Management Division
EIS Environmental Impact Statement
FONSI Finding of No Significant Impact
FR Federal Register
GSA General Services Administration
HQ Headquarters
NASA National Aeronautics and Space Administration
NEPA National Environmental Policy Act
NHPA National Historic Preservation Act
REC Record of Environmental Consideration
RHU Radioisotope Heater Unit
RPS Radioisotope Power Systems
SAO Senior Agency Official
SEO Senior Environmental Official
OGC Office of the General Counsel
ROD Record of Decision
U.S.C. United States Code

Nanette Smith,
Team Lead, NASA Directives and Regulations.
[FR Doc. 2024-07006 Filed 4-10-24; 8:45 am]
BILLING CODE 7510-13-P