[Federal Register Volume 89, Number 130 (Monday, July 8, 2024)]
[Notices]
[Pages 55920-55921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14844]


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DEPARTMENT OF COMMERCE


Notice of Availability of Final Programmatic Environmental 
Assessment for Modernization and Expansion of Existing Semiconductor 
Fabrication Facilities Under the CHIPS Incentives Program

AGENCY: National Institute of Standards and Technology, Department of 
Commerce.

ACTION: Notice; availability of a Final Programmatic Environmental 
Assessment and finding of no significant impact.

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SUMMARY: The National Institute of Standards and Technology (NIST) 
announces the availability of the Final Programmatic Environmental 
Assessment (PEA) and finding of no significant impact (FONSI) for the 
modernization and expansion of existing semiconductor fabrication 
facilities under the CHIPS Incentives Program. The Final PEA addresses 
Federal financial assistance under the CHIPS Incentives Program for the 
proposed modernization or expansion of existing current-generation, 
mature-node, or leading-edge front- or back-end commercial 
semiconductor fabrication facilities within existing facility 
footprints.

ADDRESSES: The Final PEA and FONSI are available for review and 
download at https://www.nist.gov/chips/national-environmental-policy-act-nepa.

FOR FURTHER INFORMATION CONTACT: David Frenkel, NIST, telephone number 
240-204-1960, email [email protected].

SUPPLEMENTARY INFORMATION: NIST prepared the Final PEA in accordance 
with the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et 
seq., and the Council on Environmental Quality (CEQ) NEPA implementing 
regulations, 40 CFR parts 1500-1508. The Final PEA addresses Federal 
financial assistance for the proposed modernization or expansion of 
existing current-generation, mature-node, or leading-edge front- or 
back-end commercial semiconductor fabrication facilities within 
existing facility footprints (the Proposed Action).

Background

    The Creating Helpful Incentives to Produce Semiconductors (CHIPS) 
for America Act in title XCIX of the William M. (Mac) Thornberry 
National Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-
283), as amended by the CHIPS and Science Act of 2022 (Division A of 
Pub. L. 117-167) (together, the CHIPS Act or Act) authorized the CHIPS 
Incentives Program within the U.S. Department of Commerce. The Program, 
which is administered by the CHIPS Program Office (CPO) within NIST, an 
agency of the Department, aims to boost American semiconductor 
research, development, and production.
    The CHIPS Incentives Program Commercial Fabrication Facilities 
Notice of Funding Opportunity (NOFO) was originally published in 
February 2023 and amended in June 2023. The NOFO solicits applications 
for the construction, expansion, or modernization of commercial 
facilities for the front- or back-end fabrication of leading-edge, 
current-generation, and mature-node semiconductors; commercial 
facilities for wafer manufacturing; and commercial facilities for 
materials used to manufacture semiconductors and semiconductor 
manufacturing equipment, provided that the capital investment equals or 
exceeds $300 million. The potential amount available under the NOFO is 
up to $38.22 billion for direct funding and up to $75 billion in direct 
loan or guaranteed principals. CPO is responsible for completion of the 
NEPA process before Federal financial assistance can be disbursed.

Final PEA

    The purpose of the CHIPS Incentives Program in this area is to 
invest in U.S. production of strategically important semiconductors 
(``chips'') and ensure a sufficient, sustainable, and secure supply of 
older and current generation chips for national security purposes and 
critical manufacturing industries. As part of this effort, CPO aims to 
increase semiconductor manufacturing capacity and strengthen the 
security of the U.S. supply chain via the modernization of 
semiconductor production. The need for CPO's action in this area is to 
fulfill the agency's statutory responsibilities under the CHIPS Act, 
including the requirements of 15 U.S.C. 4652 to incentivize investment 
in facilities and equipment in the United States for the fabrication, 
assembly, testing, advanced packaging, production, or research and 
development of semiconductors, materials used to manufacture 
semiconductors, or semiconductor manufacturing equipment.
    Under the Proposed Action, CPO would provide Federal financial 
assistance for the proposed modernization or expansion of existing 
current-generation, mature-node, or leading-edge front- or back-end 
commercial semiconductor fabrication facilities within existing 
facility footprints. Eligible projects would include the replacement or 
upgrade of existing fab equipment, the addition of new semiconductor 
manufacturing equipment, and the expansion of cleanroom space.
    CPO published the Notice of Availability of the Draft PEA for 
public comment in the Federal Register on December 27, 2023.\1\ CPO 
extended the 30-day public comment period by two weeks from January 25, 
2024, to February 9, 2024.\2\ CPO considered the public comments 
received on the Draft PEA and has responded to comments in Appendix E 
of the Final PEA. CPO has made revisions to the PEA in response to 
comments where appropriate.
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    \1\ 88 FR 89372 (Dec. 27, 2023).
    \2\ 89 FR 6506 (Feb. 1, 2024).
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    Based on its analysis, CPO has determined that the Proposed Action 
to provide Federal financial assistance for the proposed modernization 
or expansion of existing current-generation, mature-node, or leading-
edge front- or back-end commercial semiconductor fabrication facilities 
(or ``fabs'') within existing fab facility footprints normally would 
not result in significant adverse environmental effects. Thus, 
preparation of a programmatic environmental impact

[[Page 55921]]

statement (EIS) is not required, and CPO is issuing a FONSI for the 
Proposed Action.
    Authority: This notice is provided pursuant to NEPA, 42 U.S.C. 
4336(b)(2), and the NEPA implementing regulations, 40 CFR 1506.6.

Alicia Chambers,
NIST Executive Secretariat.
[FR Doc. 2024-14844 Filed 7-5-24; 8:45 am]
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