Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Notices 26213 

ACTION: Notice. 

SUMMARY: In compliance with Section 

3506(c)(2)(A) of the Paperwork 

Reduction Act of 1995, the Office of the 

Under Secretary of Defense (Personnel 

and Readiness) announces a proposed 

public information collection and seeks 

public comment on the provisions 

thereof. Comments are invited on: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the proposed 

information collection; (c) ways to 

enhance the quality, utility, and clarity 

of the information to be collected; and 

(d) ways to minimize the burden of the 

information collection on respondents, 

including through the use of automated 

collection techniques or other forms of 

information technology. 

DATES: Consideration will be given to all 

comments received by July 7, 2014. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive, 

East Tower, Suite 02G09, Alexandria, 

VA 22350–3100. 

Instructions: All submissions received 

must include the agency name, docket 

number and title for this Federal 

Register document. The general policy 

for comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

Any associated form(s) for this 

collection may be located within this 

same electronic docket and downloaded 

for review/testing. Follow the 

instructions at http:// 

www.regulations.gov for submitting 

comments. Please submit comments on 

any given form identified by docket 

number, form number, and title. 

FOR FURTHER INFORMATION CONTACT: To 

request more information on this 

proposed information collection or to 

obtain a copy of the proposal and 

associated collection instruments, 

please write to the Defense Language 

and National Security Education Office 

(DLNSEO), ATTN: Alison Patz, 1101 

Wilson Boulevard, Suite 1210, 

Arlington, VA 22209, or call DLNSEO at 

(703) 696–1991. 

SUPPLEMENTARY INFORMATION: 

Title; Associated Form; and OMB 

Number: National Security Education 

Program (Service Agreement Report for 

Scholarship and Fellowship Awards); 

DD Form 2752, DD Form 2753; OMB 

Control Number 0704–0368. 

Needs and Uses: The information 

collection requirement is necessary to 

record the original award amount and 

service requirement for each NSEP 

award recipient (DD Form 2752) and the 

progress of each NSEP award recipient 

in fulfilling his/her Congressionallymandated service requirement signed at 

the time of award (DD Form 2753). 

Affected Public: Individuals or 

households. 

Annual Burden Hours: 1,558. 

Number of Respondents: 5,500. 

Responses Per Respondent: 1. 

Total Annual Responses: 5,500. 

Average Burden per Response: 17 

minutes. 

Frequency: On occasion. 

Respondents are undergraduate and 

graduate students who agree to the 

terms of their award (DD Form 2752) 

and who agree upon receipt of award to 

submit the Service Agreement Report 

(DD Form 2753) annually until their 

service requirement is completed in full. 

The information is used to monitor the 

progress of award recipients as they 

fulfill their service obligation, namely, 

to work in positions related to national 

security. 

Dated: May 2, 2014. 

Aaron Siegel, 

Alternate OSD Federal Register, Liaison 

Officer, Department of Defense. 

[FR Doc. 2014–10480 Filed 5–6–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DoD–2014–0S–0062] 

National Environmental Policy Act 

Implementation Procedures 

AGENCY: Missile Defense Agency, 

Department of Defense. 

ACTION: Proposed guidance with a 

request for comment. 

SUMMARY: The Missile Defense Agency 

(MDA or the Agency) plans to issue 

procedures to implement the National 

Environmental Policy Act (NEPA), 

Executive Order (E.O.) 11514, and 

Council on Environmental Quality 

(CEQ) regulations on implementing 

NEPA. Pursuant to CEQ regulations, the 

MDA is soliciting comments on its 

proposed procedures. 

DATES: MDA is providing a 30-day 

review period. Comments must be 

received by: June 6, 2014. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

using the Federal eRulemaking Portal: 

http://www.regulations.gov. All 

submissions received must include the 

agency name, docket number and title 

for this Federal Register document. The 

general policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Eric Sorrells, Chief, Environmental 

Management, at (256) 450–2677 or by 

email at eric.sorrells@mda.mil. 

SUPPLEMENTARY INFORMATION: MDA is 

responsible for developing, testing, and 

fielding an integrated, layered, Ballistic 

Missile Defense System (BMDS) to 

defend the United States, its deployed 

forces, allies, and friends against all 

ranges of enemy ballistic missiles in all 

phases of flight. Using complementary 

interceptors; land-, sea-, air-, and spacebased sensors; and battle management, 

command and control, and 

communications systems, the planned 

BMDS is intended to engage and negate 

all classes and ranges of ballistic missile 

threats. 

MDA and its predecessor 

organizations prepared several 

programmatic BMDS National 

Environmental Policy Act (NEPA) 

documents to analyze the 

environmental impacts of its actions. In 

addition, MDA has prepared or been a 

cooperating agency for over 70 

environmental assessments (EAs) or 

environmental impact statements (EISs) 

for specific program activities. These 

NEPA documents cover activities 

including research and development, 

site preparation and construction, 

maintenance and sustainment, 

manufacture of test articles (prototypes), 

test and evaluation, fielding of missile 

defense systems and components, and 

the ultimate decommissioning and 

disposal or transfer of BMDS 

components and assets at many DoD 

installations, other agency sites, and 

industrial sites around the globe. 

Additionally, MDA has carefully 

considered over 200 records of 

environmental consideration (RECs)/ 

records of categorical exclusion/Air 

Force Form 813s documenting the use 

of the respective military Service’s 

Categorical Exclusions (CATEXs) for 


pmangrum on DSK3VPTVN1PROD with NOTICES
26214 Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Notices 

minor actions occurring on host 

installations or ranges. 

As a DoD agency, the MDA does not 

own real property. Because most MDA 

actions typically occur on host military 

service installations or ranges, or other 

Federal agency properties, MDA has 

historically relied upon our host 

installation or Federal agency’s NEPA 

implementation, including their 

implementing procedures and CATEXs, 

to address the environmental impacts of 

MDA actions. 

With the issuance of CEQ guidance 

‘‘Establishing, Applying, and Revising 

Categorical Exclusions under the 

National Environmental Policy Act’’ 

(2010) and after consulting informally 

with the CEQ, MDA determined the 

need to establish NEPA implementing 

procedures and CATEXs specific to 

MDA projects and actions. The 

information that MDA assembled while 

developing our CATEXs is described in 

the ‘‘Administrative Record for Missile 

Defense Agency Proposed Categorical 

Exclusions’’ and is available on the 

MDA Web site at: http://www.mda.mil// 

news/environmental_reports.html. 

The proposed CATEXs describe the 

categories of actions that MDA 

determined will not normally have a 

potential significant effect, individually 

or cumulatively on the human 

environment; and together with the 

proposed implementing procedures will 

guide MDA organizations in carrying 

out the procedural requirements of 

NEPA. 

MDA has determined that issuing 

these procedures and CATEXs does not 

constitute a regulatory action or ‘‘rule 

making’’ as defined by Executive Order 

12866 and the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 605(b)), which would 

have required additional review by the 

Office of Management and Budget. 

The text of the complete proposed 

Guidance document appears below. 

Dated: May 1, 2014. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

Table of Contents 

Missile Defense Agency National 

Environmental Policy Act Procedures 

Purpose 

Scope 

Policy 

Responsibilities 

Public Involvement 

Environmental Review Categories 

Categorical Exclusions (CATEX) 

Environmental Assessment (EA) 

Finding of No Significant Impact (FONSI) 

Environmental Impact Statement (EIS) 

Scoping 

Draft Environmental Impact Statement 

(DEIS) 

Final Environmental Impact Statement 

(FEIS) 

Record of Decision (ROD) 

Memorandum for Record (MFR) 

Administrative Record 

Mitigation and Monitoring 

Cumulative Impacts 

Supplemental EAs or EISs 

Cooperating Agencies 

Adoption of EA or EIS 

Incorporation by Reference 

Tiering 

Classified Actions 

Actions Occurring on Host Installations or 

Ranges 

≤Appendix A—Abbreviations and 

Acronyms 

Appendix B—Categorical Exclusions 

Appendix C—Record of Environmental 

Consideration (REC) 

The National Environmental Policy Act 

Procedures for the Missile Defense 

Agency 

1. Purpose 

These procedures implement the 

provisions of the NEPA, 42 U.S.C. 4321 

et seq. They adopt and supplement the 

CEQ regulations implementing NEPA, 

40 CFR parts 1500–1508, by establishing 

policy, directing environmental 

planning, and assigning responsibilities 

in the MDA to prepare, review, and 

approve environmental documents that 

comply with NEPA. 

2. Scope 

The policies and responsibilities in 

these procedures apply to activities 

conducted by MDA and its executing 

agents in the United States, its 

possessions, and territories. The 

potential environmental effects of MDA 

proposed activities in foreign countries 

and global commons will be considered 

in accordance with Executive Order 

12114, ‘‘Environmental Effects Abroad 

of Major Federal Activities,’’ DoD 

directives, host nation final governing 

standards, overseas environmental 

baseline guidance documents, status of 

forces agreements, and other 

international agreements. 

3. Policy 

(a) It is MDA policy regarding NEPA, 

consistent with our mission and 

regulations and the environmental laws 

and regulations of the United States, to: 

(1) Start the NEPA process at the earliest 

possible time as an effective decisionmaking tool while evaluating a 

proposed action; (2) develop and 

carefully consider a range of reasonable 

alternatives to achieve the proposed 

actions; (3) write environmental 

analyses in plain English; and (4) to the 

maximum extent practical: (i) Include 

pollution prevention alternatives, (ii) 

consider sustainable transportation, 

greenhouse gas emissions, and energy 

choices, and (iii) ensure that, consistent 

with other national policies and 

national security requirements, we use 

practical means and measures to 

protect, restore, and enhance the quality 

of the environment and mitigate adverse 

consequences. MDA lacks projects or 

programs where actions are planned by 

private applicants or other non-Federal 

entities. Therefore, these procedures do 

not include the provision (as specified 

at 40 CFR 1501.2(d)) to account for 

actions planned by private applicants or 

other non-Federal entities. 

(b) MDA will promote efficiency in its 

NEPA process through: (1) Being aware 

and involved with the MDA project 

advocate (or MDA proponent) in the 

NEPA process; (2) using programmatic 

analyses and ‘‘tiering,’’ where 

appropriate, to make sure that decisions 

are made at the right levels, eliminating 

repetitive discussion, considering 

cumulative effects, and focusing on 

issues that are important and 

appropriate for discussion at each level; 

(3) using scoping and public 

involvement processes to ensure the 

analysis of issues of interest to the 

public and/or important to decision 

making; (4) eliminating needless 

paperwork by focusing documents on 

the major environmental issues affecting 

those decisions, including the use of 

adoption or incorporation by reference 

of previous, relevant NEPA analyses 

prepared by other agencies; (5) early 

integration of the NEPA process into all 

aspects of MDA planning to prevent 

disruption in decision making; (6) 

partnering or coordinating with 

agencies, organizations, and individuals 

whose specialized expertise improves 

the NEPA process; (7) clear and concise 

communication of data, documentation, 

and information; and (8) execution of 

the NEPA compliance process within 

the framework of the MDA’s 

Environmental Management System. 

(c) MDA will periodically (at least 

every seven years) review the 

effectiveness of its NEPA program and 

these implementing procedures, the 

appropriateness and usefulness of our 

categorical exclusions (CATEXs), the 

accuracy of predicted findings of no 

significant impact, the effectiveness of 

mitigation, the ramifications of actions 

both individually and cumulatively, and 

the currency of the BMDS 2008 

Programmatic Environmental Impact 

Statement. 

(d) MDA will post NEPA 

implementing procedures, CATEXs, and 

summary information on our use of 

CATEXs for proposed actions on its 

public Web site. 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Notices 26215 

4. Responsibilities 

(a) The MDA Director has overall 

authority to ensure MDA activities 

comply with NEPA and has final 

approval authority regarding EIS records 

of decision (RODs). 

(b) The Agency Environmental 

Executive (EE) acts as the principal 

MDA advisor on NEPA-related 

requirements. The EE will: (1) Ensure 

NEPA compliance of MDA activities in 

accordance with MDA NEPA 

implementing procedures and other 

applicable NEPA guidance and 

regulations; (2) coordinate with MDA 

stakeholders for NEPA issues regarding 

program/element activities; (3) provide 

intra-agency and inter-agency liaison 

and coordination on NEPA-related 

matters; and (4) have signature authority 

for EA findings of no significant impact 

(FONSIs). 

(c) The Chief, Environmental 

Management will: (1) Educate and train 

MDA staff to implement NEPA; (2) 

coordinate with MDA’s EE to maintain 

a record of the MDA’s environmental 

activities and advance the national 

environmental policy articulated in 

NEPA, other Federal statutes, 

regulations, and Executive Orders; (3) 

prepare MDA NEPA reviews; (4) submit 

Federal Register (FR) notices for draft 

and final NEPA documents (as 

appropriate); (5) represent the MDA in 

NEPA-related matters with outside 

groups; (6) ensure applicable NEPA 

requirements are met on schedule 

during planning for any MDA action; (7) 

coordinate NEPA compliance actions at 

the proposal stage with MDA 

organizations; (8) ensure required NEPA 

mitigation measures are performed; and 

(9) ensure all documents being prepared 

by MDA are properly cleared for public 

release prior to the release or posting of 

the documents on any publicly 

accessible Web site or location. 

5. Public Involvement 

MDA will make diligent efforts to 

involve the public in preparing and 

implementing its NEPA procedures in 

accordance with 40 CFR 1501.4(b), 

1506.6 and part 1503. When developing 

a plan to include the public and affected 

parties in the environmental analysis 

process, MDA will consider the 

following factors: (1) The magnitude of 

the environmental considerations 

associated with the proposed action; (2) 

the extent of expected public interest; 

and (3) any relevant questions of 

national concern. 

6. Environmental Review Categories 

A proposed action may fall into these 

five broad categories for environmental 

review: 

(a) Exemption by law. To use an 

exemption by law, the law must apply 

to MDA and must prohibit, exempt, or 

make impossible full compliance with 

NEPA. 

(b) Emergencies. If an emergency 

requires MDA to take immediate actions 

for national defense or security or to 

protect life or property, the following 

provisions apply. (1) The responsible 

official may take actions necessary to 

control the immediate impacts of the 

emergency and are urgently needed to 

mitigate harm to life, property, or 

important natural or cultural resources. 

When taking such actions, the 

responsible official must take into 

account the probable environmental 

consequences of the emergency action 

and mitigate foreseeable adverse 

environmental effects to the extent 

practical. (2) For emergency actions 

other than those actions in paragraph 

(b)(1), if the responsible official 

responding to the emergency and the 

Environmental Management Division 

jointly conclude the emergency actions 

qualify for a CATEX and do not involve 

extraordinary circumstances that 

prevent using a CATEX as defined in 

these procedures, no further analysis is 

required to comply with NEPA before 

proceeding with emergency actions. The 

Environmental Management Division 

will prepare a Record of Environmental 

Consideration (REC) to document this 

conclusion. (3) If the responsible official 

proposes emergency actions other than 

those in paragraph (b)(1), and the 

actions do not qualify for a CATEX but 

will not likely have significant 

environmental impacts, MDA will 

document that determination in an 

Environmental Assessment (EA) and 

Finding of No Significant Impact 

(FONSI) prepared in accordance with 

these procedures. If the responsible 

official determines that the proposed 

emergency actions must be undertaken 

before preparing an EA and FONSI, the 

Chief, Environmental Management will 

consult with the MDA EE about 

alternative arrangements for NEPA 

compliance. The EE may grant 

emergency alternative arrangements that 

meet the intent of NEPA, to the extent 

possible. To the maximum extent 

practical, these alternative arrangements 

will ensure public notification and 

involvement. They will focus on 

minimizing the adverse environmental 

consequences of the MDA response 

action and emergency. Any alternative 

arrangements must be documented. The 

Chief, Environmental Management will 

inform the Council on Environmental 

Quality (CEQ) of these arrangements at 

the earliest opportunity. (4) If the 

responsible official proposes emergency 

actions other than those in paragraph 

(b)(1) and those actions are likely to 

have significant environmental impacts, 

then the Chief, Environmental 

Management must consult with CEQ 

about alternative arrangements in 

accordance with CEQ regulations at 40 

CFR 1506.11 as soon as possible. 

(c) Categorical Exclusions (CATEXs). 

These are categories of Agency actions 

(listed in Appendix B) that MDA has 

determined do not individually or 

cumulatively have a significant impact 

on the human environment. MDA may 

use CATEXs for a proposed action when 

there are no extraordinary 

circumstances that warrant further 

analysis in an EA or EIS. 

MDA will document designated 

CATEXs in writing using a REC 

(Appendix C). An MDA REC is a signed 

statement submitted with project 

documentation that concisely 

documents that an MDA action has 

received environmental review. The 

REC briefly describes the proposed 

action and time period, identifies the 

MDA proponent and approving 

official(s), addresses the use of 

screening criteria, and demonstrates that 

a review was conducted to ensure that 

no extraordinary circumstances indicate 

the need for further analysis. 

Qualifications for a CATEX are 

described later in this section. 

(d) Environmental Assessment (EA). 

Proposed MDA actions not covered in 

the first three categories must be 

analyzed to determine their potential 

environmental effects. An EA is used to 

determine whether to prepare an EIS or 

a FONSI (40 CFR 1501.4 and 1508.9); 

however, MDA is not required to 

prepare an EA if we have decided to 

prepare an EIS. (See 40 CFR 1501.3(a)). 

The requirements for the EA are 

addressed later in these procedures. 

(e) Environmental Impact Statement 

(EIS). When a proposed action has the 

potential for significant impacts or 

when an EA cannot support a FONSI, an 

EIS will be prepared (40 CFR 1501.4). 

An EIS is initiated by the notice of 

intent (NOI) and examines the potential 

significant environmental effects of the 

proposed action plus measures to 

mitigate those impacts. This process 

requires formal interaction with the 

public, a formal scoping process, 

specified timelines for public review of 

the documentation, and incorporation of 

public comments as well as any 

comments made by Federal, State, local, 

and tribal agencies. Requirements for 

the EIS are addressed later in these 

procedures. 


pmangrum on DSK3VPTVN1PROD with NOTICES
26216 Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Notices 

7. CATEX 

(a) If the proposed action qualifies as 

a CATEX and the screening criteria are 

met, the action can proceed. Appendix 

B lists MDA’s proposed CATEXs. 

Appendix C shows an MDA REC form 

to be used to document designated 

CATEXs. 

(b) MDA may use a CATEX only when 

the following screening criteria are met: 

(1) The proposed action is a Federal 

action over which we have primary 

responsibility and, as described in its 

entirety, is covered by one or more 

CATEXs listed in Appendix B; (2) the 

proposed action does not involve any of 

the extraordinary circumstances 

described in paragraph (d) below; and 

(3) the proposed action does not involve 

using unproven technology that could 

potentially result in unknown impacts. 

(c) Applying a CATEX to an action 

does not eliminate the need to meet 

other statutory or regulatory 

requirements including general 

conformity, federally-listed threatened 

or endangered species or their 

designated critical habitat, historic and 

cultural preservation, and safe drinking 

water requirements or other applicable 

Federal, state, or local regulatory 

requirements. 

(d) ‘‘Extraordinary circumstances’’ 

arise when a typically categoricallyexcluded action has the reasonable 

likelihood to result in individually or 

cumulatively significant impacts on 

public health, safety, or the 

environment, based on the specific 

situation where the CATEX is applied. 

Extraordinary circumstances that 

preclude using a CATEX include: (1) A 

reasonable likelihood the proposed 

action would result in uncertain, 

unique, or unknown environmental 

risks, or is scientifically controversial; 

(2) a reasonable likelihood the proposed 

action would establish precedents or 

commit MDA to future actions with 

potential for significant impacts; (3) a 

reasonable likelihood the proposed 

action would threaten to violate Federal, 

state, or local environmental laws; (4) a 

reasonable likelihood the proposed 

action would adversely affect 

environmentally sensitive resources, 

such as, but not limited to, Federallylisted threatened and 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 was permitted, mitigated, or 

addressed through another 

environmental review process, for 

example, the Clean Water Act or Coastal 

Zone Management Act; (5) a reasonable 

likelihood the proposed action would 

adversely affect known national natural 

landmarks, or cultural or historic 

resources, including, but not limited to, 

property listed on or eligible for the 

National Register of Historic Places, 

unless the impact was permitted, 

mitigated, or addressed through another 

environmental review process, such as 

the National Historic Preservation Act; 

or (6) a reasonable likelihood of causing 

an increase in surface transportation 

congestion that would exceed capacity 

of the supporting infrastructure or 

otherwise cause significant impacts to 

the human environment. 

(e) MDA will review its CATEXs at 

least every seven years to determine 

whether modifications, additions, or 

deletions are appropriate, based on our 

experience and determination that 

environmental impacts of certain 

activities are not significant. If MDA 

acquires new responsibilities through 

legislation or administrative 

restructuring, we may propose new or 

modified CATEXs after gaining 

sufficient experience with the new 

activities to make a reasoned 

determination that any resulting 

environmental impacts are not 

significant. MDA will submit 

recommendations for modifications, 

additions, or deletions to CEQ for 

informal consultation and discussion. 

8. Environmental Assessment (EA) 

(a) An EA is a concise public 

document agencies/services prepare to 

inform decision makers and determine 

if the proposed action has the potential 

to significantly impact the environment 

(which then would require the 

preparation of an EIS). In cases when no 

potentially significant impact is 

expected, an agency/service documents 

this determination with a FONSI. An EA 

may be prepared at any time to help 

agencies/services plan and make 

decisions. Typical MDA actions 

normally requiring an EA include: (1) 

New construction of facilities that 

involves more than five cumulative 

acres of new surface disturbance; (2) 

proposed actions that potentially result 

in significant changes to established 

land use; or (3) actions substantially 

altering ongoing MDA operations which 

could potentially lead directly, 

indirectly, or cumulatively to 

substantial environmental impacts. 

(b) An EA is prepared to assess the 

extent of potential environmental 

impacts resulting from a proposed 

action and alternatives, and to 

determine whether or not the impacts 

are likely to be significant. The EA must 

include, at a minimum, the following 

information and analyses: (1) Purpose 

and need for the proposed action or 

activity; (2) description of the proposed 

action; (3) brief discussion of the 

alternatives considered, including the 

‘‘no action’’ alternative and the 

‘‘proposed action;’’ (4) brief discussion 

of the affected environment and region 

of influence; (5) analysis of the potential 

environmental impacts of the proposed 

action and alternatives; (6) list of 

preparers, agencies and persons 

consulted; and (7) references. 

(c) The analysis of potential 

environmental impacts (item (b)(5) 

above) includes an assessment of the 

direct, indirect, and cumulative impacts 

that can reasonably be expected from 

taking the proposed action or reasonable 

alternatives. When there are direct or 

indirect effects on an aspect of the 

environment from the proposed action, 

then MDA must also consider 

cumulative effects. Cumulative effects 

are impacts on the environment 

resulting from the incremental impact of 

the action when added to other past, 

present, and reasonably foreseeable 

future actions. Actions by Federal 

agencies, non-Federal agencies and 

private parties must be included when 

considering cumulative effects, as 

specified in 40 CFR 1508.7. 

(d) The analysis for an EA leads to a 

determination to either issue a FONSI or 

a NOI to prepare an EIS. 

(e) MDA should coordinate preparing 

the EA with other agencies (e.g., 

Federal, state, local, or tribal 

governments) when the action involves 

resources they manage or protect. MDA 

may invite agencies with jurisdiction by 

law and with special expertise, to 

participate as cooperating agencies (40 

CFR 1501.6, 1508.5, 1508.15, and 

1508.26). Factors for determining 

whether to invite, decline, or end 

cooperating agency status are in 

Attachment 1 of the CEQ Memorandum 

for Heads of Federal Agencies: 

Cooperating Agencies in Implementing 

the Procedural Requirements of the 

National Environmental Policy Act 

(January 30, 2002). 

(f) MDA may request public 

involvement in preparing the EA or 

revising or supplementing the EA, or 

choose to involve the public after the 

EA is prepared. MDA may use scoping 

but, would not publish the notice in the 

FR unless the proposed action was of 

national interest. MDA will select the 

type and format for public involvement 

to best support on-time and meaningful 

public input and coordinate it with the 

host range/installation where 

applicable. 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Notices 26217 

9. Finding of No Significant Impact 

(FONSI) 

(a) MDA will prepare a FONSI as 

specified in 40 CFR 1508.13 to briefly 

describe why a proposed action will not 

have a significant effect on the 

environment and thus will not require 

an EIS. 

(b) MDA will make the proposed final 

EA and proposed FONSI available to the 

affected public, organizations, and 

individuals requesting them, and to 

whomever we have reason to believe is 

interested in the action through the 

various methods outlined in 40 CFR 

1506.6 as we deem appropriate. The 

public, other Federal, tribal, and state 

agencies and other government entities 

will be given an opportunity to review 

and comment on the proposed final EA 

and unsigned FONSI. The time period 

for public review will reflect the 

magnitude of the proposed action and 

its potential for controversy about 

environmental effects. A 30-day public 

review is normal, unless it is 

unwarranted due to the limited scope of 

the proposed action and/or lack of 

potential controversy about 

environmental effects. MDA will make 

EAs and FONSIs available on our public 

Web site and provide an electronic copy 

upon request. When MDA determines 

that it will enhance the opportunity for 

public review, we will provide hard 

copies to local public libraries or other 

public depositories. 

(c) After closure of the public review 

period and considering the comments 

received, the MDA Environmental 

Executive will determine whether to 

revise the EA, sign the FONSI, start 

preparing an EIS, or modify or stop 

considering the proposed action. 

(d) MDA will make the final EA and 

signed FONSI available on our public 

Web site. 

10. Environmental Impact Statement 

(EIS) 

(a) Classes of activities that normally 

require an EIS (40 CFR 1501.4) are: (1) 

Construction and operations of a major 

new deployment site or test range, and 

(2) development, testing and 

employment of a major new missile 

defense technology with unknown or 

potentially significant effects on the 

environment. 

(b) A draft and final EIS will include: 

(1) The purpose and need for the 

proposed action and reasonable 

alternatives (as specified in 40 CFR 

1502.13); (2) reasonable alternatives, 

including the preferred alternative and 

no-action alternative and designation of 

the preferred alternative (as specified in 

40 CFR 1502.14); (3) the environment 

affected or created by the alternatives 

(as specified in 40 CFR 1502.15); (4) the 

probable environmental impacts from 

alternatives including the proposed 

action and measures (if any) to 

minimize impacts (as specified in 40 

CFR 1502.16); and (5) a list of the major 

preparers of the EIS (as specified in 40 

CFR 1502.17). EIS scope and detail 

should be reasonably related to the 

scope and the probable environmental 

impacts of the proposed action and 

alternative actions (40 CFR part 1502). 

(c) Once MDA decides to prepare an 

EIS, we will start scoping (as specified 

in 40 CFR 1501.7). During scoping, 

participants help identify the range of 

actions, alternatives and impacts to 

consider (40 CFR 1508.25). MDA will 

invite affected agencies and interested 

persons to help determine the 

significant issues and alternatives to be 

addressed. The scoping phase of the 

NEPA process, as part of project 

planning, will include identifying 

aspects of the proposal that may have a 

significant effect or involve controversy 

concerning environmental effects. 

Scoping will ensure the NEPA analyses 

are useful for the decision maker. 

(d) As soon as practical after deciding 

to prepare an EIS and before scoping, 

MDA will publish a notice of intent 

(NOI) to prepare an EIS in the FR (as 

specified in 40 CFR 1501.7). This NOI 

(as specified in 40 CFR 1508.22) will 

describe the purpose and need for the 

proposed action, and any reasonable 

alternatives and potential 

environmental impacts associated with 

the action that are available at this early 

stage of the NEPA process. Those 

impacts that tentatively are determined 

not to be significant and not warrant 

discussion in detail in the EIS may be 

identified. If a public scoping meeting 

will be held, the notice will state when 

and where. The NOI will identify the 

MDA point of contact who can supply 

more information about the action and 

to whom comments should be sent. 

There will normally be a public input 

period of 30 days from the date of 

publication of the NOI in the FR to 

allow other interested agencies and the 

public an opportunity to review and 

comment. Based on input received, 

MDA will determine if any additions or 

modifications to the schedule or scope 

of the EIS are appropriate. MDA will 

consider, in scoping the NEPA analysis 

and developing a draft EIS, the extent to 

which the greenhouse gas emissions 

caused by a proposed action should be 

estimated and evaluated. 

(e) Analyzing potential environmental 

impacts includes assessing the direct, 

indirect, and cumulative impacts that 

can reasonably be expected from taking 

the proposed action or reasonable 

alternatives. When there are direct or 

indirect effects on an aspect of the 

environment, then MDA must also 

consider cumulative effects. Cumulative 

effects are impacts on the environment 

resulting from the incremental impact of 

the action when added to other past, 

present, and reasonably foreseeable 

future actions. Actions by Federal and 

non-federal agencies and private parties 

must be included when considering 

cumulative effects (as specified in 40 

CFR 1508.7). 

(f) MDA should coordinate preparing 

the EIS with other agencies when the 

action involves resources they manage 

or protect. MDA generally will invite 

those agencies with jurisdiction by law 

to participate as cooperating agencies. 

MDA may also invite them if they lack 

such jurisdiction, in addition to other 

agencies with special expertise, as 

cooperating agencies (40 CFR 1501.6 

and 1508.5). Factors for determining 

whether to invite, decline, or end 

cooperating agency status are in 

Attachment 1 of the CEQ Memorandum 

for Heads of Federal Agencies: 

Cooperating Agencies in Implementing 

the Procedural Requirements of the 

National Environmental Policy Act 

(January 30, 2002). 

10.1 Draft Environmental Impact 

Statement (DEIS) 

(a) MDA will prepare a draft 

environmental impact statement (DEIS) 

(as specified in 40 CFR 1502.9) in the 

format recommended in the CEQ 

regulations at 40 CFR 1502.10 unless 

there is a compelling reason to use 

another format. 

(b) MDA will electronically file the 

DEIS with the Environmental Protection 

Agency (EPA) and request comments 

from any Federal agency that has 

jurisdiction by law, the public, native 

American tribes, or other interested 

Federal, state, and local agencies (as 

specified in 40 CFR 1503.1). MDA will 

provide a minimum of 45 days for 

public comment on the DIES. The 

comment period will begin on the day 

of publication of the EPA-issued Notice 

of Availability (NOA) in the FR (40 CFR 

1506.10). 

10.2 Final Environmental Impact 

Statements (FEIS) 

After MDA internal approval, we will 

circulate the final environmental impact 

statement (FEIS) (as specified in 40 CFR 

1502.19). MDA will transmit the FEIS to 

every person, organization, or agency 

from which we received substantive 

comments on the draft and file the FEIS 

electronically with the EPA (40 CFR 

1506.9). 


pmangrum on DSK3VPTVN1PROD with NOTICES
26218 Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Notices 

11. Record of Decision (ROD) 

(a) After filing the FEIS with the EPA, 

a ROD will be prepared (as specified in 

40 CFR 1505.2) unless MDA announces 

that we are withdrawing the proposed 

action. 

(b) MDA will make the ROD available 

on the MDA public Web site. MDA will 

also make the ROD available to the 

public through the various methods 

outlined in 40 CFR 1506.6, as 

appropriate. 

(c) An action for which an EIS was 

approved will not start until: (1) 30 days 

after the EPA-issued notice of 

availability (NOA) that the final EIS was 

published in the FR; or (2) 90 days after 

the DEIS NOA was published in the FR 

by the EPA, whichever provides the 

public with the most notice. 

12. Memorandum for Record (MFR) 

When MDA reviews actions covered 

in an existing EA or EIS that we 

prepared, we may write a memorandum 

for record (MFR) to document that 

review. When MDA is a cooperating 

agency in preparing an EIS, we may 

adopt the lead agency’s EIS without 

recirculating the EIS as a draft or as a 

final EIS. MDA may do this when, after 

an independent review, we conclude 

and document in an MFR that the lead 

agency adequately addressed the 

adopting agency’s comments and 

suggestions. Similarly, when MDA is a 

cooperating agency in preparing an EA, 

we may adopt the EA without 

recirculating the EA when, after an 

independent review, we conclude and 

document in an MFR that the lead 

agency adequately addressed the 

adopting agency’s comments and 

suggestions (CEQ Guidance 

Memorandum for Heads of Federal 

Department and Agencies: Improving 

the Process for Preparing Efficient and 

Timely Environmental Reviews under 

the National Environmental Policy Act, 

March 6, 2012; 40 CFR 1506.3). 

13. Administrative Record 

MDA must maintain the 

administrative record for the 

environmental analysis performed. The 

administrative record must be retained 

by MDA for seven years after 

completing the action, unless the action 

involves controversy concerning 

environmental effects or is of a nature 

that warrants keeping it longer. The 

administrative record includes all 

supporting documents and information 

used to make the decision. This 

administrative record should include, 

but is not limited to: (1) Maps and or 

documents relevant to developing an EA 

or EIS; (2) formal communication by a 

consulting or coordinating agency 

office; (3) studies and inventories of 

affected environmental resources; (4) 

correspondence with regulatory 

agencies; (5) correspondence with and 

comments from, private citizens, tribes, 

local governments, and other 

individuals and agencies contacted 

during public involvement; and (6) 

confirmation of publications and 

transcripts of any public hearing. MDA 

will prepare and maintain an index or 

table of contents for the administrative 

record. 

14. Mitigation and Monitoring 

(a) MDA will indicate whether 

mitigation measures (as described in 40 

CFR 1508.20) will be implemented for 

the alternative selected in either the 

FONSI or ROD, what commitments 

MDA considered and selected, and who 

will be responsible for implementing, 

funding, and monitoring the mitigation 

measures. 

(b) Where possible and appropriate 

because of amount, MDA will include 

the cost of mitigation as a line item in 

the budget for a proposed project. Upon 

request, MDA will also make the results 

of mitigation monitoring available to the 

public. 

(c) MDA may ‘‘mitigate to 

insignificance’’ potentially significant 

environmental impacts found during 

preparation of an EA, instead of 

preparing an EIS. The FONSI for the EA 

will include these mitigation measures, 

which will be carried out as the project 

is implemented. If, for any reason, MDA 

later abandons or does not meet the 

mitigation commitments upon which 

the FONSI relied, we will prepare a 

supplemental environmental document 

before continuing the project. If 

potentially significant environmental 

impacts might result from any project 

revisions, MDA will prepare an EIS if 

we used an EA for the decision to 

proceed, or we will prepare a 

supplemental EIS, if we used an EIS for 

the decision to proceed. 

15. Supplemental EAs or EISs 

(a) MDA will prepare a supplement to 

an EA or EIS in accordance with 40 CFR 

1502.9(c), when there are substantial or 

significant new circumstances or 

information related to the proposed 

action, or to the environmental concerns 

of the proposed actions, which bear on 

the proposed action or its impacts. MDA 

may also prepare a supplement when 

the purposes of NEPA will be furthered 

by doing so. 

(b) MDA prepares supplemental 

documents following the same general 

process as the original EA or EIS. No 

new scoping is required for a 

supplemental EIS; however, we may 

choose to conduct scoping (40 CFR 

1502.9(c)(4)). 

(c) When a supplemental EA or EIS is 

prepared, MDA will issue a new FONSI 

or ROD as appropriate. 

16. Cooperating Agencies 

When MDA is the lead agency (40 

CFR 1501.5), we will invite Federal 

agencies with jurisdiction by law to 

serve as cooperating agencies. MDA may 

invite Federal, tribal, state and local 

agencies with special expertise to serve 

as cooperating agencies. The roles of 

lead and cooperating agencies are found 

in 40 CFR 1501.5, 1501.6, and 1508.5, 

and the definitions of jurisdiction by 

law and special expertise are found at 

40 CFR 1508.15 and 1508.5. 

17. Adoption of EA or EIS 

The MDA may adopt an EA or EIS, or 

portion thereof, prepared by another 

agency where the MDA proposed action 

is substantially the same as the action 

described in the EA, in accordance with 

CEQ Guidance Memorandum for Heads 

of Federal Departments and Agencies: 

Improving the Process for Preparing 

Efficient and Timely Environmental 

Reviews under the National 

Environmental Policy Act, March 6, 

2012, or EIS, in accordance with 40 CFR 

1506.3(b). MDA will independently 

review the EA or EIS and determine 

whether it is current, satisfies the 

requirements of NEPA, and covers the 

proposed action. If the actions covered 

by the original NEPA analysis and the 

MDA proposed action are substantially 

the same, and MDA was not a 

cooperating agency, then we will reissue 

the EA or EIS as a final document and 

prepare its own FONSI or ROD, as 

appropriate. 

18. Incorporation by Reference 

MDA will incorporate material by 

reference to reduce paperwork and bulk. 

MDA will incorporate previous NEPA 

analyses or relevant material in an EA 

or EIS by citing and briefly describing 

the material, and ensuring that any 

material incorporated by reference will 

be made reasonably available for 

inspection by potentially interested 

persons within the time allowed for 

comment either in the EA, EIS, or on 

our Web site as specified in 40 CFR 

1502.21. 

19. Tiering 

MDA will use tiered environmental 

documents to eliminate repetitive 

discussions of the same issues and to 

focus on those issues relating to specific 

MDA actions (40 CFR 1502.20 and 

1508.28). If MDA adopts another 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Notices 26219 

Federal agency’s environmental 

document, we may also tier our 

subsequent MDA environmental 

documents from the adopted document. 

20. Classified Actions 

(a) Classification of an action for 

national security does not relieve MDA 

from the requirements of NEPA. MDA 

will prepare, safeguard, and disseminate 

NEPA documents in accordance with 

MDA and DoD requirements for 

classified information (i.e., MDA 

Manual 5200.02–M ‘‘Information 

Security Program,’’ DoD Manual 

5200.01 ‘‘DoD Information Security 

Program,’’ or current issuance). 

(b) In accordance with DoD and MDA 

Security Policy, NEPA documents that 

include classified information/actions 

will be written so that the classified 

information/actions are included in 

separate appendix(es) so that the 

unclassified portions of the documents 

can be made available to the public. 

(c) When classified information is 

such an integral part of the analysis of 

a proposal that MDA cannot produce a 

meaningful unclassified NEPA analysis, 

the MDA proponent, in consultation 

with the appropriate environmental 

offices, will form a team to review the 

classified NEPA analysis. This team will 

include environmental professionals to 

ensure the consideration of 

environmental effects is consistent with 

the letter and intent of NEPA, including 

public participation requirements for 

unclassified aspects. 

21. Actions Occurring on Host 

Installations or Ranges 

MDA as a tenant will work with the 

host agency/service to fulfill MDA and 

the host’s implementing regulations (or 

procedures) and guidance in complying 

with NEPA and related Executive 

Orders. The specific requirements of the 

agency/service making a decision 

supported by the NEPA analysis and 

documentation will apply. If multiple 

agencies will use the NEPA analysis and 

documentation, then the process 

followed in developing it will comply 

with the most stringent requirement in 

the respective NEPA implementing 

procedures and regulations. 

Appendix A 

Abbreviations and Acronyms 

ACM Asbestos-Containing Material 

ANSI American National Standards 

Institute 

BMDS Ballistic Missile Defense System 

CATEX Categorical Exclusion 

CEQ Council on Environmental Quality 

CFR Code of Federal Regulations 

DEIS Draft Environmental Impact Statement 

DPF Facilities, Military Construction, & 

Environmental Management Division 

EA Environmental Assessment 

EE Environmental Executive 

EIS Environmental Impact Statement 

E.O. Executive Order 

EPA Environmental Protection Agency 

FEIS Final Environmental Impact 

Assessment 

FR Federal Register 

FONSI Finding of No Significant Impact 

IEEE Institute of Electrical and Electronics 

Engineers 

LBP Lead-based paint 

MDA Missile Defense Agency 

MFR Memorandum for Record 

NEPA National Environmental Policy Act 

NOA Notice of Availability 

NOI Notice of Intent 

OSHA Occupational Safety and Health 

Administration 

PCB Polychlorinated biphenyl 

RCRA Resource Conservation and Recovery 

Act 

REC Record of Environmental 

Consideration 

ROD Record of Decision 

SPCC Spill Prevention, Control and 

Countermeasure 

U.S.C. United State Code 

Appendix B 

Categorical Exclusions (CATEXs) 

Actions categorically excluded in the 

absence of extraordinary circumstances are 

listed below. 

CATEX List 

B–1. Normal personnel, fiscal or budgeting, 

and administrative activities and decisions 

including those involving military and 

civilian personnel (for example, recruiting, 

processing, paying, and recordkeeping). 

B–2. Preparing, revising, or adopting 

regulations, instructions, directives, or 

guidance documents including those that 

implement without substantial change the 

regulations, instructions, directives, or 

guidance documents from higher 

headquarters or other Federal agencies. 

B–3. Decreases, increases, relocation, and 

realignment of personnel into existing 

Federally-owned or commercially-leased 

space that does not involve a substantial 

change affecting the supporting infrastructure 

or use of space (e.g., no increase in traffic 

beyond the capacity of the supporting 

network to accommodate such an increase). 

B–4. Routine procurement of goods and 

services conducted in accordance with 

applicable procurement regulations, 

Executive Orders, and policies to support 

operations and infrastructure, including 

routine utility services and contracts. 

B–5. Administrative study efforts involving 

no commitment of resources other than 

personnel and funding allocations. If any of 

these study efforts result in proposals for 

further action, those proposals must be 

considered separately by an appropriate 

CATEX or NEPA analysis. Examples include, 

but are not limited to: Studies to further 

administrative, personnel-related, 

architectural, engineering, safety, security, 

siting, and facility audit activities. 

B–6. Studies, monitoring, data and sample 

collection, and information gathering that 

involve no permanent physical change to the 

environment. If any of these activities result 

in proposals for further action, those 

proposals must be considered by an 

appropriate CATEX or NEPA analysis. 

Examples include, but are not limited to: 

a. Surveys for threatened and endangered 

species, wildlife and wildlife habitat, historic 

properties and archeological sites; wetland 

delineations; minimal water, air, waste, 

material, and soil sampling (e.g., grab 

samples). 

b. Vulnerability, risk, and structural 

integrity assessments of infrastructure. 

c. Environmental Baseline Surveys or 

Environmental Condition of Property 

Surveys. 

d. Topographical surveying and mapping 

that does not require cutting and/or removal 

of trees. 

B–7. Sampling, well drilling and 

installation, analytical testing, site 

preparation, and minimally intrusive 

physical testing. These activities could 

involve minor clearing and grubbing or 

movement of heavy equipment such as drill 

rigs. If any of these actions result in 

proposals for further actions, those proposals 

must be considered by an appropriate 

CATEX or NEPA analysis. Examples include, 

but are not limited to: 

a. Sampling for asbestos-containing 

materials (ACMs), polychlorinated biphenyls 

(PCBs), and lead-based paint (LBP). 

b. Topographical surveys and surveys for 

unexploded ordnance. 

c. Minimally-intrusive geological, 

geophysical surveys, geo-technical activities, 

and seismic studies. 

d. Minimally-intrusive sampling to 

determine if hazardous wastes, contaminants, 

pollutants, or special hazards are present. 

e. Ground water monitoring wells, 

subsurface soil sampling, and soil borings 

(REC required). 

B–8. Immediate response to the release or 

discharge of oil or hazardous materials in 

accordance with an approved Spill 

Prevention, Control, and Countermeasure 

(SPCC) Plan or Spill Contingency Plan, or 

that is otherwise consistent with the 

requirements of the EPA National 

Contingency Plan. 

B–9. Temporary use of transportable power 

generators or operational support equipment 

when located in a previously disturbed area 

and when operated in compliance with 

applicable regulatory requirements. 

B–10. Routine movement, handling, use, 

and distribution of materials, including 

hazardous materials or wastes moved, 

handled, or distributed in accordance with 

applicable regulations, such as the Resource 

Conservation and Recovery Act (RCRA), 

Occupational Safety and Health 

Administration (OSHA), and Hazardous 

Materials Transportation Act (HMTA). 

B–11. Routine movement of mobile test 

assets (such as ships, aircraft, mobile sensors, 

telemetry, etc.) for routine missile defense 

test and evaluation; repair, overhaul or 

maintenance; or home port reassignments 

where no new support facilities are required. 

B–12. Activities and operations to be 

conducted in an existing non-historic 


pmangrum on DSK3VPTVN1PROD with NOTICES
26220 Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Notices 

structure which are within the scope of and 

are compatible with the present functional 

use of the building, will not cause a 

substantial increase in waste discharged to 

the environment, will not result in 

substantially different waste discharges from 

current or previous activities, and emissions 

will remain within established permit limits, 

if any. 

B–13. Acquisition, installation, 

modification, routine repair and replacement, 

and operation of utility (e.g., water, sewer, 

and electrical) and communication systems, 

mobile antennas, data processing cable and 

similar electronic equipment that use 

existing rights-of-way, easements, 

distribution systems, facilities, or previously 

disturbed land (REC required). 

B–14. Acquisition, installation or minor 

relocation, operation and maintenance, or 

evaluation of physical security devices or 

controls to protect human or animal life and 

to enhance the physical security of existing 

critical assets in compliance with applicable 

Federal, tribal, state and local requirements 

to protect the environment. Examples 

include, but are not limited to: 

a. Motion detection systems. 

b. Raptor electrocution prevention devices. 

c. Lighting. 

d. Remote video surveillance systems. 

e. Access controls. 

f. Physical barriers, fences, grating, on or 

adjacent to existing facilities (REC required). 

B–15. Maintenance of archaeological, 

historical, and endangered or threatened 

species avoidance markers, fencing, and 

signs. 

B–16. Road or trail construction and repair 

on existing rights-of-ways or in previously 

disturbed areas which do not result in a 

change in functional use. Runoff, erosion, 

and sedimentation are controlled through 

implementation of best management 

practices (REC required). 

B–17. Routine repair and maintenance of 

buildings, vessels, aircraft, grounds, and 

other facilities and equipment which do not 

result in a change in functional use or a 

significant impact on a historically 

significant element or setting. Examples 

include, but are not limited to: Repair of 

roofs, doors, windows, or fixtures, localized 

pest management, and minor erosion control 

measures. 

B–18. New construction or equipment 

installation or alterations (interior and 

exterior) to or construction of an addition to 

an existing structure that is similar to 

existing land use if the area to be disturbed 

has no more than 5.0 cumulative acres of 

new surface disturbance. The following 

conditions must be met: 

a. The structure and proposed use are 

compatible with applicable Federal, tribal, 

state, and local planning and zoning 

standards. 

b. The site and scale of construction or 

improvement is consistent with those of 

existing, adjacent, or nearby buildings. 

c. The construction or improvement will 

not result in uses that exceed existing 

support infrastructure capacities (roads, 

sewer, water, parking, etc.). 

This does not include construction of 

facilities for the transportation, distribution, 

use, storage, treatment, and disposal of solid 

waste or hazardous waste (REC required). 

B–19. Demolition of non-historic buildings, 

structures, or other improvements and 

repairs that result in disposal of debris therefrom, or removal of a part thereof for 

disposal, in accordance with applicable 

regulations, including those regulations 

applying to removal of ACM, PCBs, LBP, and 

other special hazard items (REC required). 

B–20. Research, testing, and operations 

conducted at existing facilities and plants or 

laboratories (including contractor-operated 

laboratories and plants) and in compliance 

with all applicable safety, environmental, 

and natural conservation laws. Examples 

include, but are not limited to: Wind tunnels, 

high-energy lasers, remote-sensing 

instruments, vacuum chambers, high-altitude 

simulator facilities, and propellant testing 

facilities. 

B–21. Routine installation and use of 

radars, telemetry systems, communications 

equipment, and other essentially similar 

facilities and equipment within a launch 

facility, mobile platform, military 

installation, training area, or previously 

disturbed area that conform to current 

American National Standards Institute/ 

Institute of Electrical and Electronics 

Engineers (ANSI/IEEE) guidelines for 

maximum permissible exposure to 

electromagnetic fields (REC required). 

BILLING CODE 5001–06–P 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Notices 26221 


pmangrum on DSK3VPTVN1PROD with NOTICESEN07MY14.000</GPH>
26222 Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Notices 


pmangrum on DSK3VPTVN1PROD with NOTICESEN07MY14.001</GPH>
Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Notices 26223 

[FR Doc. 2014–10342 Filed 5–6–14; 8:45 am] 

BILLING CODE 5001–06–C 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DoD–2014–OS–0064] 

Privacy Act of 1974; System of 

Records 

AGENCY: National GeospatialIntelligence Agency, DoD. 

ACTION: Notice to alter a system of 

records. 

SUMMARY: The National GeospatialIntelligence Agency is altering a system 

of records, NGA–004, entitled ‘‘NGA 

Threat Mitigation Records’’, in its 

inventory of record systems subject to 

the Privacy Act of 1974, as amended. 

This system allows NGA to collect, use, 

maintain, and disseminate information 

to facilitate NGA’s counterintelligence 

activities, including activities related to 

international counterterrorism. 

DATES: Comments will be accepted on or 

before June 6, 2014. This proposed 

action will be effective the day 

following the end of the comment 

period unless comments are received 

which result in a contrary 

determination. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

*Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

* Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive, 

East Tower, 2nd Floor, Suite 02G09, 

Alexandria, VA 22350–3100. 

Instructions: All submissions received 

must include the agency name and 

docket number for this Federal Register 

document. The general policy for 

comments and other submissions from 

members of the public is to make these 

submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

National Geospatial-Intelligence Agency 

(NGA), ATTN: Security Specialist, 

Mission Support, MSRS P–12, 7500 

GEOINT Drive, Springfield, VA 22150. 

SUPPLEMENTARY INFORMATION: The 

National Geospatial-Intelligence Agency 

notices for systems of records subject to 

the Privacy Act of 1974 (5 U.S.C. 552a), 

as amended, have been published in the 

Federal Register and are available from 

the address in FOR FURTHER INFORMATION

CONTACT or at the Defense Privacy and 

Civil Liberties Web site at http:// 

dpclo.defense.gov/. 

The proposed system report, as 

required by 5 U.S.C. 552a(r) of the 

Privacy Act of 1974, as amended, was 

submitted on October 18, 2013, to the 

House Committee on Oversight and 

Government Reform, the Senate 

Committee on Governmental Affairs, 

and the Office of Management and 

Budget (OMB) pursuant to paragraph 4c 

of Appendix I to OMB Circular No. A– 

130, ‘‘Federal Agency Responsibilities 

for Maintaining Records About 

Individuals,’’ dated February 8, 1996 

(February 20, 1996, 61 FR 6427). 

Dated: May 2, 2014. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

NGA–004 

SYSTEM NAME: 

NGA Threat Mitigation Records (May 

31, 2013, 78 FR 32635) Changes: 

* * * * * 

SAFEGUARDS: 

Delete entry and replace with ‘‘The 

records are stored on a secure enclave 

system and are safeguarded in 

accordance with applicable rules and 

policies, including all applicable NGA 

automated systems security and access 

policies. Strict controls have been 

imposed to minimize the risk of 

compromising the information that is 

being stored. Access to the computer 

system containing the records in this 

system is limited to those individuals 

who have a need to know the 

information for the performance of their 

official duties and who have appropriate 

clearances or permissions. Usage of 

physical access controls, encryption, 

monitoring and auditing mechanisms 

protect the information stored on the 

system.’’ 

RETENTION AND DISPOSAL: 

Delete entry and replace with ‘‘Retain 

locally and review annually. Destroy/ 

delete 2 years after completion of final 

action. If still needed for Agency 

business, records may be retained for up 

to 10 years.’’ 

SYSTEM MANAGER(S) AND ADDRESS: 

Delete entry and replace with 

‘‘Security and Installation 

Counterespionage Division, Fusion 

Branch (SICCC), National GeospatialIntelligence Agency (NGA), 7500 

GEOINT Drive, Springfield, VA 22150.’’ 

* * * * * 

RECORD SOURCE CATEGORIES: 

Delete entry and replace with 

‘‘Records are received from the 

JUSTICE/FBI–019 Terrorist Screening 

Records System, system of records 

notice published in the Federal Register 

(76 FR 77846, December 14, 2011). In 

addition, information contained in this 

system is obtained from subject 

individuals; other Federal, State, local 

and foreign agencies and organizations; 

hard-copy media, including periodicals, 

newspapers, and broadcast transcripts, 

and commercial and public record 

databases and Web sites; public and 

classified reporting, intelligence source 

documents, investigative reports, and 

correspondence.’’ 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Delete entry and replace with 

‘‘Exempt materials from JUSTICE/FBI— 

019 Terrorist Screening Records System 

and/or other sources listed above may 

become part of the case records in this 

system of records. To the extent that 

copies of exempt records from JUSTICE/ 

FBI—019, Terrorist Screening Records 

System, and/or other sources listed 

above are entered into these Threat 

Mitigation case records, NGA hereby 

claims the same exemptions, (j)(2) and 

(k)(2) for the records as claimed in 

JUSTICE/FBI—019, Terrorist Screening 

Records system of records of which they 

are a part as reflected in the final rule 

published on May 31, 2013, 78 FR 

32554. 

Information specifically authorized to 

be classified under E.O. 12958, as 

implemented by DoD 5200.1–R, may be 

exempt pursuant to 5 U.S.C. 552a(k)(1). 

Investigative material compiled solely 

for the purpose of determining 

suitability, eligibility, or qualifications 

for federal civilian employment, 

military service, federal contracts, or 

access to classified information may be 

exempt pursuant to 5 U.S.C. 552a(k)(5), 

but only to the extent that such material 

would reveal the identity of a 

confidential source. 

An exemption rule for this system has 

been promulgated in accordance with 

the requirements of 5 U.S.C. 553(b)(1), 

(2) and (3)(c) and (e) and it published at 

32 CFR part 320.’’ 

[FR Doc. 2014–10433 Filed 5–6–14; 8:45 am] 

BILLING CODE 5001–06–P 


pmangrum on DSK3VPTVN1PROD with NOTICES