64884 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices 

Dated: September 15, 2023. 

David Mussatt, 

Supervisory Chief, Regional Programs Unit. 

[FR Doc. 2023–20365 Filed 9–19–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

Adoption of Department of Energy 

Categorical Exclusions Under the 

National Environmental Policy Act 

AGENCY: National Institute of Standards 

and Technology, Department of 

Commerce. 

ACTION: Notice. 

SUMMARY: The National Institute of 

Standards and Technology (NIST) has 

identified categorical exclusions (CEs) 

established by the Department of Energy 

(DOE) that cover categories of actions 

that NIST proposes to take. This notice 

identifies the DOE CEs and NIST’s 

categories of proposed actions for which 

it intends to use DOE’s CEs and 

describes the consultation between the 

agencies. 

DATES: The CEs identified below are 

available for NIST to use for its 

proposed actions effective September 

20, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Nist, NIST, telephone number 

202–302–9541, email jennifer.nist@

nist.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

NEPA and CEs 

Congress enacted the National 

Environmental Policy Act, 42 U.S.C. 

4321–4347, (NEPA) in order to 

encourage productive and enjoyable 

harmony between humans and the 

environment, recognizing the profound 

impact of human activity and the 

critical importance of restoring and 

maintaining environmental quality to 

the overall welfare of humankind. 42 

U.S.C. 4321, 4331. NEPA seeks to 

ensure that agencies consider the 

environmental effects of their proposed 

major actions in their decision-making 

processes and inform and involve the 

public in that process. NEPA created the 

Council on Environmental Quality 

(CEQ), which promulgated NEPA 

implementing regulations, 40 CFR parts 

1500 through 1508 (CEQ regulations). 

To comply with NEPA, agencies 

determine the appropriate level of 

review of any major federal action—an 

environmental impact statement (EIS), 

environmental assessment (EA), or 

categorical exclusion (CE). 40 CFR 

1501.3. If a proposed action is likely to 

have significant environmental effects, 

the agency must prepare an EIS and 

document its decision in a record of 

decision. 40 CFR part 1502, 1505.2. If 

the proposed action is not likely to have 

significant environmental effects or the 

effects are unknown, the agency may 

instead prepare an environmental 

assessment (EA), which involves a more 

concise analysis and process than an 

EIS. 40 CFR 1501.5. Following the EA, 

the agency may conclude that the action 

will have no significant effects and 

document that conclusion in a finding 

of no significant impact. 40 CFR 1501.6. 

If the analysis concludes that the action 

is likely to have significant effects, 

however, then an EIS is required. 

Under NEPA and the CEQ regulations, 

a Federal agency also can establish 

CEs—categories of actions that the 

agency has determined normally do not 

significantly affect the quality of the 

human environment—in their agency 

NEPA procedures. 42 U.S.C. 4336e(1); 

40 CFR 1501.4, 1507.3(e)(2)(ii), 

1508.1(d). If an agency determines that 

a CE covers a proposed action, it then 

evaluates the proposed action for 

extraordinary circumstances in which a 

normally excluded action may have a 

significant effect. 40 CFR 1501.4(b). If 

no extraordinary circumstances are 

present, the agency may apply the CE to 

the proposed action without preparing 

an EA or EIS. 42 U.S.C. 4336(a)(2), 40 

CFR 1501.4. If extraordinary 

circumstances are present, the agency 

nevertheless may still categorically 

exclude the proposed action if it 

determines that there are circumstances 

that lessen the impacts or other 

conditions sufficient to avoid significant 

effects. 

Section 109 of NEPA, enacted as part 

of the Fiscal Responsibility Act of 2023, 

allows a Federal agency to ‘‘adopt’’ 

another Federal agency’s CEs for 

proposed actions. 42 U.S.C. 4336c. To 

use another agency’s CEs under section 

109, the borrowing agency must identify 

the relevant CEs listed in another 

agency’s (‘‘establishing agency’’) NEPA 

procedures that covers the borrowing 

agency’s category of proposed actions or 

related actions; consult with the 

establishing agency to ensure that the 

proposed adoption of the CE for a 

category of actions is appropriate; 

identify to the public the CE that the 

borrowing agency plans to use for its 

proposed actions; and document 

adoption of the CE. 42 U.S.C. 4336c. 

NIST has prepared this notice to meet 

these statutory requirements. 

NIST’s Programs 

Founded in 1901, NIST’s mission is to 

promote U.S. innovation and industrial 

competitiveness by advancing 

measurement science, standards, and 

technology in ways that enhance 

economic security and improve our 

quality of life. Historically, NIST has 

carried out this mission through, for 

example, operation of the NIST 

Laboratories, conducting world-class 

research, often in close collaboration 

with industry, that advances the 

nation’s technology infrastructure and 

helps U.S. companies continually 

improve products and services. 

In August 2022, the Congress passed 

the CHIPS Act of 2022, which amended 

Title XCIX of the William M. (Mac) 

Thornberry National Defense 

Authorization Act for Fiscal Year 2021, 

15 U.S.C. 4651 et seq., also known as 

the Creating Helpful Incentives to 

Produce Semiconductors (CHIPS) for 

America Act. The law provides the 

Department of Commerce with $50 

billion for a suite of programs to 

strengthen and revitalize the U.S. 

position in semiconductor research, 

development, and manufacturing. 

CHIPS for America encompasses two 

offices within NIST responsible for 

implementing the law: the CHIPS 

Research and Development Office is 

investing $11 billion into developing a 

robust domestic R&D ecosystem, while 

the CHIPS Program Office is dedicating 

$39 billion to provide incentives for 

investment in facilities and equipment 

in the United States. NIST is uniquely 

positioned to successfully administer 

the CHIPS for America program because 

of the bureau’s strong relationships with 

U.S. industries, its deep understanding 

of the semiconductor ecosystem, and its 

reputation as fair and trusted. 

II. DOE Categorical Exclusions 

NIST has identified the following CEs 

listed in appendices A and B to subpart 

D of DOE’s NEPA regulations, 10 CFR 

part 1021. Each of the DOE CEs includes 

conditions on the scope or application 

of the CE within the text of the 

numbered paragraphs listed below and 

within the integral elements in DOE’s 

regulations (10 CFR part 1021, subpart 

D, appendix B (1)–(5)). Under each CE, 

NIST has described categories of 

proposed actions for which NIST may 

use the CE. The list of categories 

comprises the categories of actions for 

which NIST contemplates using the CE 

at this time; NIST may expand use of 

the CEs identified below to other 

activities where appropriate. 


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Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices 64885 

1. A9: Information Gathering, Analysis, 

and Dissemination 

Potential application to NIST 

activities: 

• Prize challenges under 15 U.S.C. 

2719; 

• NIST Technical Series Publications; 

• Financial assistance that funds 

preparation of reports or analysis; and 

• Other activities conducted under 15 

U.S.C. 272, including hosting and 

support for scientific and technical 

workshops; dissemination of data; and 

development of computer standards and 

privacy measures. 

2. A11: Technical Advice and 

Assistance to Organizations 

Potential application to NIST 

activities: 

• Activities conducted under 15 

U.S.C. 272(b) & (c), including technical 

advice and planning assistance to 

international, national, state, and local 

organizations. 

3. B1.5: Existing Steam Plants and 

Cooling Water Systems 

Potential application to NIST 

activities: 

• Financial assistance for extramural 

construction, including at 

semiconductor facilities; and 

• Upgrades to steam plants and 

cooling water systems at NIST facilities. 

4. B1.23: Demolition and Disposal of 

Buildings 

Potential application to NIST 

activities: 

• Financial assistance for extramural 

construction, including at 

semiconductor facilities; and 

• Demolition and disposal of 

buildings at NIST facilities. 

5. B1.24: Property Transfers 

Potential application to NIST 

activities: 

• Financial assistance for internal 

expansion, including at semiconductor 

facilities, where the change in use of 

space does not materially alter the 

footprint of a building or facility; 

• Lease of temporary space; 

• Changes to use of property at NIST 

facilities; and 

• Disposition of personal property. 

6. B1.31: Installation or Relocation of 

Machinery and Equipment 

Potential application to NIST 

activities: 

• Financial assistance for facility 

modernization and installation of 

equipment, including semiconductor 

facilities, that would not require 

increased emission limits or create new 

types of pollution discharges or releases; 

and 

• Installation or relocation of 

machinery and equipment at NIST 

facilities. 

7. B2.5: Facility Safety and 

Environmental Improvements 

Potential application to NIST 

activities: 

• Financial assistance for facility 

safety and environmental 

improvements, including at 

semiconductor facilities; 

• Safety and environmental 

improvements at NIST facilities. 

8. B3.1: Site Characterization and 

Environmental Monitoring 

Potential application to NIST 

activities: 

• Site characterization and 

environmental monitoring at NIST 

facilities or performed by NIST; 

• Financial assistance for site 

characterization and environmental 

monitoring. 

9. B3.6: Small-Scale Research and 

Development, Laboratory Operations, 

and Pilot Projects 

Potential application to NIST 

activities: 

• Small-scale research and 

development, laboratory operations, and 

pilot projects at NIST facilities; and 

• Financial assistance for small-scale 

research and development, laboratory 

operations, and pilot projects, including 

semiconductor facilities. 

10. B3.15: Small-Scale Indoor Research 

and Development Projects Using 

Nanoscale Materials 

Potential application to NIST 

activities: 

• Small-scale indoor research and 

development projects using nanoscale 

materials at NIST facilities; and 

• Financial assistance for small-scale 

indoor research and development 

projects using nanoscale materials, 

including at semiconductor facilities. 

11. B5.1: Actions To Conserve Energy or 

Water 

Potential application to NIST 

activities: 

• Actions to conserve energy or water 

at NIST facilities; and 

• Financial assistance for actions to 

conserve energy or water, including at 

semiconductor facilities. 

NIST will develop procedures 

regarding documentation of its use of 

these CEs. 

III. Consideration of Extraordinary 

Circumstances 

If an agency determines that a CE 

covers a proposed action, the agency 

must evaluate the proposed action for 

extraordinary circumstances in which a 

normally excluded action may have a 

significant effect. 40 CFR 1501.4(b). 

NIST does not currently have its own 

NEPA implementing procedures to 

guide its application of extraordinary 

circumstances. Until NIST establishes 

NEPA implementing procedures, for 

purposes of considering extraordinary 

circumstances in connection with the 

DOE CEs discussed in this notice, NIST 

will consider whether the proposed 

action has the potential to result in 

significant effects, including by 

considering the factors listed in DOE’s 

definition of extraordinary 

circumstances, which include scientific 

controversy about the environmental 

effects of the proposal; uncertain effects 

or effects involving unique or unknown 

risks; and unresolved conflicts 

concerning alternative uses of available 

resources. 10 CFR 1021.410(b)(2). NIST 

will then assess whether an 

extraordinary circumstance is present, 

and if so, whether there are 

circumstances that lessen the impacts or 

other conditions sufficient to avoid 

significant effects, consistent with 40 

CFR 1501.4(b). If NIST cannot apply a 

CE to a particular proposed action due 

to extraordinary circumstances, NIST 

will prepare an EA or EIS, consistent 

with 40 CFR 1501.4(b)(2), or determine 

if the action is covered under an 

existing NEPA document. 

IV. Consultation With DOE and 

Determination of Appropriateness 

NIST worked with DOE to identify 

DOE CEs that could apply to NIST 

proposed actions and began 

consultation in June 2023. During this 

consultation, the agencies discussed 

whether the categories of NIST 

proposed actions would be 

appropriately covered by the DOE CEs; 

the extraordinary circumstances that 

NIST should consider before applying 

these CEs to NIST’s proposed actions; 

the requirement to evaluate, before use 

of any DOE appendix B CE, the 

conditions listed as integral elements in 

DOE’s regulations (10 CFR 1021, subpart 

D, appendix B (1)–(5)); and what 

documentation NIST should complete 

when applying these CEs. The agencies 

also considered DOE’s past use of the 

CEs, including how often DOE has 

modified a proposed action or prepared 

an EA or EIS for a proposed action 

otherwise covered by the CEs. 

At the conclusion of that process, the 

agencies determined that NIST’s 

proposed use of the CEs as described in 

this notice would be appropriate 

because the categories of actions for 


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64886 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices 

which NIST plans to use the CEs are 

covered by the DOE CEs. 

V. Conclusion 

This notice documents adoption of 

the DOE CEs listed above in accordance 

with 42 U.S.C. 4336c(4), and they are 

available for use by NIST, effective 

immediately. 

Alicia Chambers, 

NIST Executive Secretariat. 

[FR Doc. 2023–20303 Filed 9–19–23; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Institute of Standards and 

Technology 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; National Environmental 

Policy Act (NEPA) Disclosure 

Statement 

AGENCY: National Institute of Standards 

and Technology (NIST), Commerce. 

ACTION: Notice of information collection, 

request for comment. 

SUMMARY: The Department of 

Commerce, in accordance with the 

Paperwork Reduction Act of 1995 

(PRA), invites the general public and 

other Federal agencies to comment on 

proposed, and continuing information 

collections, which helps us assess the 

impact of our information collection 

requirements and minimize the public’s 

reporting burden. The purpose of this 

notice is to allow for 60 days of public 

comment preceding submission of the 

collection to OMB. 

DATES: To ensure consideration, 

comments regarding this proposed 

information collection must be received 

on or before November 20, 2023. 

ADDRESSES: Interested persons are 

invited to submit written comments by 

mail to Maureen O’Reilly, Management 

Analyst, at PRAcomments@doc.gov. Do 

not submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

specific questions related to collection 

activities should be directed to Cierra 

Bean, Business Operations Analyst, 

CHIPS Program Office, askchips@

chips.gov or (202) 815–2677. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

The National Environmental Policy 

Act (NEPA) requires Federal agencies to 

interpret and administer Federal 

policies, regulations, and laws in 

accordance with NEPA’s policies and to 

consider environmental values in their 

decision making, including through 

preparation of environmental review 

documents such as environmental 

impact statements and environmental 

assessments. On June 3, 2023, President 

Biden signed the Fiscal Responsibility 

Act of 2023 (FRA) into law, which 

included amendments to NEPA. 

Specifically, the FRA added section 107, 

which addresses, in part, timely 

preparation of environmental review 

documents. Section 107(f) of NEPA 

requires agencies to ‘‘prescribe 

procedures to allow a project sponsor to 

prepare an environmental assessment or 

an environmental impact statement 

under the supervision of the agency.’’ 42 

U.S.C. 4336a(f). 

Additionally, the NEPA implementing 

regulations state, ‘‘Contractors or 

applicants preparing environmental 

assessments or environmental impact 

statements shall submit a disclosure 

statement to the lead agency that 

specifies any financial or other interest 

in the outcome of the action. Such 

statement need not include privileged or 

confidential trade secrets or other 

confidential business information.’’ 40 

CFR 1506.5. As part of its procedures, 

NIST has therefore developed a NEPA 

disclosure statement for project 

sponsors to use in conjunction with 

preparation of environmental review 

documents under the agency’s 

supervision. This statement may be 

used by in a variety of contexts at NIST. 

NIST may request recipients of funds for 

extramural construction to prepare 

environmental review documents and to 

submit the NEPA disclosure statement. 

This statement may also be used by 

the CHIPS Incentives Program. The 

CHIPS Incentives Program is authorized 

by Title XCIX—Creating Helpful 

Incentives to Produce Semiconductors 

for America of the William M. (Mac) 

Thornberry National Defense 

Authorization Act for Fiscal Year 2021 

(Pub. L. 116–283, referred to as the 

CHIPS Act or Act), as amended by the 

CHIPS Act of 2022 (Division A of Pub. 

L. 117–167). The CHIPS Incentives 

Program is administered by the CHIPS 

Program Office (CPO) within the 

National Institute of Standards and 

Technology (NIST) of the United States 

Department of Commerce (Department). 

CPO may request recipients of CHIPS 

incentives prepare environmental 

review documents and submit the NEPA 

disclosure statement. 

II. Method of Collection 

Information will be collected 

electronically. 

III. Data 

OMB Control Number: 0693–XXXX. 

Form Number(s): None. 

Type of Review: Regular submission— 

new information collection. 

Affected Public: Business or other forprofit organizations. 

Estimated Number of Respondents: 

20. 

Estimated Time per Response: 15 

minutes. 

Estimated Total Annual Burden 

Hours: 5 hours. 

Estimated Total Annual Cost to 

Public: 0. 

Respondent’s Obligation: Mandatory 

to obtain benefits. 

Legal Authority: 42 U.S.C. 4336a(f), 40 

CFR 1506.5 and 1507.3. 

IV. Request for Comments 

We are soliciting public comments to 

permit the Department/Bureau to: (a) 

Evaluate whether the proposed 

information collection is necessary for 

the proper functions of the Department, 

including whether the information will 

have practical utility; (b) Evaluate the 

accuracy of our estimate of the time and 

cost burden for this proposed collection, 

including the validity of the 

methodology and assumptions used; (c) 

Evaluate ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (d) Minimize the 

reporting burden on those who are to 

respond, including the use of automated 

collection techniques or other forms of 

information technology. 

Comments that you submit in 

response to this notice are a matter of 

public record. We will include or 

summarize each comment in our request 

to OMB to approve this ICR. Before 

including your address, phone number, 

email address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you may ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Sheleen Dumas, 

Department PRA Clearance Officer, Office of 

the Under Secretary for Economic Affairs, 

Commerce Department. 

[FR Doc. 2023–20388 Filed 9–19–23; 8:45 am] 

BILLING CODE 3510–13–P 


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