99834 Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Notices 

9See 19 CFR 351.213(d)(3). 

calculated for the review period.9 As 

noted above, there were no entries of 

subject merchandise for the companies 

subject to this review during the POR. 

Accordingly, in the absence of 

suspended entries of subject 

merchandise during the POR, we are 

hereby rescinding this administrative 

review, in its entirety, in accordance 

with 19 CFR 351.213(d)(3). 

Assessment 

Commerce will instruct CBP to assess 

antidumping duties on all appropriate 

entries of wire rod from Ukraine. 

Antidumping duties shall be assessed at 

rates equal to the cash deposit rate of 

estimated antidumping duties required 

at the time of entry, or withdrawal from 

warehouse, for consumption, in 

accordance with 19 CFR 

351.212(c)(1)(i). Commerce intends to 

issue appropriate assessment 

instructions to CBP no earlier than 35 

days after the date of publication of this 

rescission notice in the Federal 

Register. 

Administrative Protective Order (APO) 

This notice also serves as the only 

reminder to parties subject to APO of 

their responsibility concerning the 

disposition of proprietary information 

disclosed under APO, in accordance 

with 19 CFR 351.305(a)(3). Timely 

written notification of the return or 

destruction of APO materials or 

conversion to judicial protective order is 

hereby requested. Failure to comply 

with the regulations and terms of an 

APO is a sanctionable violation. 

Notification to Interested Parties 

This notice is issued and published in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act and 19 CFR 

351.213(d)(4). 

Dated: December 5, 2024. 

Scot Fullerton, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2024–29124 Filed 12–10–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Environmental Policy Act; 

Proposed Implementing Procedures 

and Categorical Exclusions 

AGENCY: National Institute of Standards 

and Technology, Department of 

Commerce. 

ACTION: Notice; request for comments. 

SUMMARY: Federal agencies are required 

to develop procedures to implement the 

National Environmental Policy Act 

(NEPA) and the Council on 

Environmental Quality (CEQ) 

regulations implementing NEPA. 

Consistent with these requirements, the 

National Institute of Standards and 

Technology (NIST) is proposing new 

NEPA implementing procedures (NEPA 

Procedures), including the 

establishment of new categorical 

exclusions (CEs) as part of its NEPA 

Procedures. CEs are categories of actions 

that an agency has determined normally 

do not have a significant effect on the 

human environment, individually or in 

the aggregate. CEs are a form of review 

that agencies use to comply with NEPA 

for proposed actions that normally have 

no or minimal environmental effects. 

NIST requests the views of the public on 

its draft NEPA Procedures as well as its 

substantiation record for the proposed 

CEs. 

DATES: Submit written comments on or 

before January 10, 2025. 

ADDRESSES: The draft NEPA Procedures 

and CE substantiation record are 

available for review at https://

www.nist.gov/chips/nationalenvironmental-policy-act-nepa. Submit 

all electronic public comments via 

email to CHIPSNEPA@chips.gov citing 

‘‘NEPA Procedures’’ in the subject line. 

NIST will accept comments in attached 

Word or PDF formats or within the body 

of the email. 

Comments sent by any other method, 

to any other address or individual, or 

received after the end of the comment 

period, may not be considered by NIST. 

All comments received are a part of the 

public record; commenters should not 

include personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information. NIST 

will accept anonymous comments. The 

most helpful comments include a 

specific recommendation, explain the 

reason for any recommended change, 

and provide supporting information. 

NIST will consider all relevant 

comments received on or before the 

closing date. 

FOR FURTHER INFORMATION CONTACT: 

David Frenkel, NIST, telephone number 

240–204–1960, email David.Frenkel@

chips.gov. 

SUPPLEMENTARY INFORMATION: 

Legal Framework 

The National Environmental Policy 

Act (NEPA), 42 U.S.C. 4321 et seq., 

requires Federal agencies to consider 

the environmental effects of their 

proposed actions in their decisionmaking processes and inform and 

engage the public in that process. 

Section 101(a) of NEPA sets forth a 

national policy to use all practicable 

means and measures, including 

financial and technical assistance, in a 

manner calculated to foster and promote 

the general welfare, to create and 

maintain conditions under which 

humans and nature can exist in 

productive harmony, and fulfill the 

social, economic, and other 

requirements of present and future 

generations of Americans. 42 U.S.C. 

4331(a). Section 102 of NEPA directs 

agencies to interpret and administer 

Federal policies, regulations and laws 

consistent with NEPA’s policies. 42 

U.S.C. 4332. 

NEPA also created the Council on 

Environmental Quality (CEQ), which 

has issued regulations implementing 

NEPA, 40 CFR parts 1500 through 1508 

(CEQ regulations). CEQ also has issued 

numerous guidance documents to 

facilitate agency implementation of 

NEPA. See CEQ, CEQ Guidance 

Documents, https://ceq.doe.gov/ 

guidance/guidance.html. 

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 1501.3(c)(3), 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 EA, 

which is a concise public document 

used to support agency decision 

making. 40 CFR 1501.3(c)(2), 1501.5, 

1508.1(j). After completing the analysis 

in 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, or 

conclude that the action is likely to have 

significant effects and therefore requires 

preparation of an EIS. 40 CFR 1501.6(a), 

1508.1(j). 

Under NEPA and the CEQ regulations, 

a Federal agency may establish CEs— 

categories of actions that the agency has 

determined normally do not have a 

significant effect on the human 

environment, individually or in the 

aggregate—in its agency NEPA 

procedures. 42 U.S.C. 4336(e)(1); 40 

CFR 1501.4(a), 1507.3(c)(8), 1508.1(e). If 

an agency determines that a CE 

established in its agency NEPA 

procedures covers a proposed action, it 

then evaluates the proposed action for 


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extraordinary circumstances, which are 

factors or circumstances that indicate a 

normally categorically excluded action 

may have a significant effect. 40 CFR 

1501.4(b), 1508.1(o). If an extraordinary 

circumstance exists, the agency 

nevertheless may apply the CE if it 

conducts an analysis and determines 

that the proposed action does not in fact 

have the potential to result in significant 

effects notwithstanding the 

extraordinary circumstance, or the 

agency modifies the action to avoid the 

potential to result in significant effects. 

40 CFR 1501.4(b)(1). In these cases, the 

agency must document such 

determination. Id. If the agency cannot 

categorically exclude the proposed 

action, it will prepare an EA or EIS, as 

appropriate. 40 CFR 1501.4(b)(2). 

On May 1, 2024, CEQ finalized its 

‘‘Bipartisan Permitting Reform 

Implementation Rule’’ to revise its 

regulations for implementing the 

procedural provisions of NEPA, 

including the amendments to NEPA in 

the Fiscal Responsibility Act. Under the 

revised regulations, each Federal agency 

must, by July 1, 2025, develop 

procedures to implement NEPA and the 

CEQ regulations, facilitate efficient 

decision making, and ensure that the 

agencies make decisions in accordance 

with the policies and requirements of 

NEPA. 40 CFR 1507.3. As part of their 

procedures, agencies must establish CEs 

and identify extraordinary 

circumstances. 40 CFR 1507.3(c)(8). 

When establishing new or revising 

existing CEs in agency NEPA 

procedures, agencies must substantiate 

the proposed new or revised CEs with 

sufficient information to conclude that 

each category of actions does not have 

a significant effect, individually or in 

the aggregate, on the human 

environment, and provide this 

substantiation in a written record that is 

made publicly available as part of the 

notice and comment process for 

developing or revising proposed agency 

procedures. See 40 CFR 1507.3(b), (c)(8). 

In developing NEPA procedures, 

agencies must consult with CEQ and 

provide an opportunity for public 

review. 40 CFR 1507.3(b)(1), (2). Before 

publishing final procedures, agencies 

must receive a determination from CEQ 

that the procedures conform with NEPA 

and the CEQ regulations. See 40 CFR 

1507.3(b)(2). 

Background 

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 

operation of the NIST Laboratories, 

which conduct 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, 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. The 

CHIPS for America program 

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 

semiconductor R&D ecosystem, while 

the CHIPS Program Office is dedicating 

$39 billion to provide incentives for 

investment in semiconductor 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 trustworthy. 

NEPA may apply to activities 

conducted by NIST, including on its 

campuses in Gaithersburg, MD, and 

Boulder, CO, as well as to activities for 

which NIST provides financial 

assistance. NIST’s NEPA Procedures are 

intended to make the NEPA process 

more useful to both NIST and the public 

and will serve as a repository for 

guidance and resources to aid NIST in 

implementation of NEPA. 

As part of its NEPA Procedures, NIST 

is proposing 18 new CEs and has 

prepared a substantiation record to 

support establishment of each CE. The 

proposed CEs are supported by longstanding CEs and substantiation records 

that have been developed by other 

Federal agencies through processes 

consistent with NEPA regulatory 

requirements and CEQ guidance on the 

establishment of CEs. NIST identified 

existing CEs established by other federal 

agencies that are sufficiently described 

in supporting substantiation records to 

demonstrate that the actions covered by 

these existing CEs are similar in nature, 

scope, and impact on the human 

environment to actions performed by 

NIST. NIST also reviewed and analyzed 

other past actions by NIST and other 

federal agencies, including supporting 

NEPA documentation, to develop the 

proposed CEs. The past actions were 

evaluated to demonstrate that the 

actions that would be covered by NIST’s 

proposed CEs normally do not have a 

substantial effect on the human 

environment, individually or in the 

aggregate. For a detailed discussion of 

and substantiation for each proposed 

CE, please refer to the substantiation 

record available at https://www.nist.gov/ 

chips/national-environmental-policyact-nepa. 

In this notice, NIST is requesting 

public comment on its draft NEPA 

Procedures, including on the 18 new 

CEs proposed as part of those 

Procedures, and on the substantiation 

record supporting those new CEs. To 

facilitate public comment, NIST is 

reproducing those 18 proposed CEs in 

this Notice. Additionally, the Building 

CHIPS in America Act recently 

established a number of CEs for use by 

NIST, which are also reproduced below. 

The Procedures include an Appendix A 

that lists all CEs available for use by 

NIST. NIST has consulted with CEQ on 

its proposal and is seeking input from 

the public. 

A. Proposed New Categorical 

Exclusions 

I. Administrative Activities 

I–1. Preparation, modification, and 

issuance of policy directives, rules, 

regulations, procedures, guidelines, 

guidance documents, bulletins, and 

informational publications that are of an 

administrative, financial, legal, 

technical, or procedural nature, for 

which the environmental effects are too 

broad, speculative, or conjectural to 

lend themselves to meaningful analysis 

and will be, in whole or part, subject 

later to the NEPA process, either 

collectively or on a case-by-case basis. 

I–2. Planning, educational, 

informational, or advisory activities 

provided to other agencies, public and 

private entities, visitors, individuals, or 

the public, including training exercises 

and simulations conducted under 

appropriately controlled conditions and 

in accordance with all applicable laws, 

regulations, and requirements. 

I–3. Preparation and dissemination of 

scientific results, studies, surveys, 

audits, reports, plans, papers, 

recommendations, and technical advice. 

I–4. Technical assistance to other 

Federal, Tribal, State, and local agencies 

or the public. 


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I–5. Contracts, collaborative research 

agreements, cooperative research and 

development agreements, interagency 

agreements, and other agreements that 

do not concern environmental matters 

or where the environmental effects are 

negligible. 

II. Operations 

II–1. Routine procurement, use, 

storage, transportation, and disposal of 

non-hazardous goods and services in 

support of administrative, operational, 

or maintenance activities in accordance 

with Executive Orders and Federal 

procurement guidelines. Examples 

include office supplies and furniture; 

equipment; mobile assets (i.e., vehicles, 

vessels, aircraft); utility services; and 

deployable emergency response 

supplies and equipment. 

II–2. Routine use of hazardous 

materials (including procurement, 

transportation, distribution, and storage 

of such materials) and reuse, recycling, 

and disposal of solid, medical, 

radiological, or hazardous waste in a 

manner that is consistent with all 

applicable laws, regulations, and 

requirements. Examples include use of 

chemicals for laboratory applications; 

refueling of storage tanks; temporary 

storage and disposal of solid waste; 

disposal of waste through manufacturer 

return and recycling programs; and 

hazardous waste minimization 

activities, including source reduction 

activities and recycling. 

II–3. Maintenance of facilities, 

equipment, and grounds. Examples 

include interior utility work, road 

maintenance, window washing, lawn 

mowing, landscaping, weed 

management/maintenance, trash 

collecting, facility cleaning, and snow 

removal. 

III. Facility Modernization 

III–1. Internal modifications, 

renovations, or additions (e.g., computer 

facilities, relocating interior walls) to 

structures or buildings that do not result 

in a change in the functional use of the 

property. 

* III–2. Exterior renovation, addition, 

repair, alteration, safety and 

environmental improvements, and 

demolition projects affecting buildings, 

roads, grounds, equipment, and other 

facilities, including subsequent disposal 

of debris, which may be contaminated 

with hazardous materials, lead, or 

asbestos. Hazardous materials must be 

disposed of at approved sites in 

accordance with all applicable laws, 

regulations, and requirements. These 

actions do not result in a significant 

change in the expected useful life, 

design capacity, or function of the 

facility and during which operations 

may be suspended and then resumed, 

and they do not include rebuilding or 

modifying substantial portions of a 

facility (such as replacing a reactor 

vessel). Examples include the following: 

(a) Painting, roofing, siding, or 

alterations to an existing building; 

(b) Adding a small storage shed to an 

existing building; 

(c) Retrofitting for energy and water 

conservation and efficiency, including 

weatherization, installation of timers on 

hot water heaters, installation of energy 

efficient lighting, and installation of low 

flow plumbing fixtures. 

(d) Closing and demolishing a 

building not eligible for listing under 

the National Register of Historic Places; 

or 

(e) Replacement/upgrade of control 

valves, in-core monitoring devices, 

facility air filtration systems, or 

substation transformers or capacitors; 

addition of structural bracing to meet 

earthquake standards and/or sustain 

high wind loading; and replacement of 

aboveground or belowground tanks and 

related piping, provided that there is no 

evidence of leakage, based on testing in 

accordance with applicable 

requirements (such as 40 CFR 265, 

‘‘Interim Status Standards for Owners 

and Operators of Hazardous Waste 

Treatment, Storage, and Disposal 

Facilities’’ and 40 CFR 280, ‘‘Technical 

Standards and Corrective Action 

Requirements for Owners and Operators 

of Underground Storage Tanks’’). 

(f) Covered actions include, but are 

not limited to weatherization (such as 

insulation and replacing windows and 

doors); programmed lowering of 

thermostat settings; placement of timers 

on hot water heaters; installation or 

replacement of energy efficient lighting, 

low-flow plumbing fixtures (such as 

faucets, toilets, and showerheads), 

heating, ventilation, and air 

conditioning systems, and appliances; 

installation of drip-irrigation systems; 

improvements in generator efficiency 

and appliance efficiency ratings; 

efficiency improvements for vehicles 

and transportation (such as fleet 

changeout); power storage (such as 

flywheels and batteries, generally less 

than 10 megawatt equivalent); 

transportation management systems 

(such as traffic signal control systems, 

car navigation, speed cameras, and 

automatic plate number recognition); 

development of energy-efficient 

manufacturing, industrial, or building 

practices; and small-scale energy 

efficiency and conservation research 

and development and small-scale pilot 

projects. 

* III–3. Minor improvements to 

existing steam plants and cooling water 

systems (including, but not limited to, 

modifications of existing cooling towers 

and ponds), provided that the 

improvements would not: 

(a) Create new sources of water or 

involve new receiving waters; 

(b) Have the potential to significantly 

alter water withdrawal rates; 

(c) Exceed the permitted temperature 

of discharged water; or 

(d) Increase introductions of, or 

involve new introductions of, hazardous 

substances, pollutants, contaminants, or 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act-excluded (CERCLA) petroleum and 

natural gas products. 

* III–4. Installation or relocation and 

operation of machinery and equipment 

(including, but not limited to, laboratory 

equipment, electronic hardware, 

manufacturing machinery, maintenance 

equipment, and health and safety 

equipment), provided that uses of the 

installed or relocated items are 

consistent with the general missions of 

the receiving structure. Covered actions 

include modifications to an existing 

building, within or contiguous to a 

previously disturbed or developed area, 

that are necessary for equipment 

installation and relocation. Such 

modifications would not appreciably 

increase the footprint or height of the 

existing building or have the potential 

to cause significant changes to the type 

and magnitude of environmental 

impacts. 

IV. Real Property 

* IV–1. Acquisition or use of existing 

facilities or portions thereof by 

purchase, lease, or use agreement where 

use or operation will remain unchanged. 

Examples include acquiring office space 

through lease, purchase, or use 

agreement, and acquisition of laboratory 

space through lease, purchase, or use 

agreement. 

* IV–2. Decisions and actions to close 

facilities, decommission equipment, or 

temporarily discontinue use of facilities 

or equipment, where the facility or 

equipment, including office equipment, 

telecommunications equipment, and 

computer equipment, is not used to 

prevent or control environmental 

impacts. 

V. Research 

* V–1. Proposed new and recurring 

activities and operations conducted in 

laboratories and facilities where 

research practices and safeguards 

(including but not limited to 

environmental permits for operation) 

prevent environmental impacts, would 


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be consistent with previously 

established safety levels, and would not 

result in a change in use of the facility. 

Examples include types of research, 

development, testing, and evaluation 

activities, and laboratory operations 

conducted within existing facilities 

designed to support research and 

development activities. Not included in 

this category are demonstration actions, 

meaning actions that are undertaken at 

a scale to show whether a technology 

would be viable on a larger scale and 

suitable for commercial deployment. 

* V–2. Outdoor research activities 

conducted in compliance with all 

applicable laws, regulations, and 

requirements. Examples include types 

of research, development, testing, and 

evaluation activities conducted 

outdoors where no new ground 

disturbance occurs and no sensitive 

resources (e.g., threatened or 

endangered species, archaeological 

sites, Tribal resources, wetlands, and 

waterbodies) are present, such as radar 

testing, radio noise measurements, and 

public safety communications research. 

VI. Facility Construction 

* VI–1. New construction or 

improvement of buildings or 

experimental equipment (e.g., trailers, 

prefabricated buildings, and test slabs) 

on previously disturbed ground, with no 

more than 1 acre (0.4 hectare) of ground 

disturbance in previously disturbed 

areas, where the proposed facility use is 

generally compatible with the 

surrounding land use and applicable 

zoning standards and will not require 

additional support infrastructure. Such 

facilities could be used for indoor smallscale research and development projects 

and small-scale pilot projects using 

nanoscale materials in accordance with 

applicable requirements (such as 

engineering, worker safety, procedural, 

and administrative regulations) 

necessary to ensure the containment of 

any hazardous materials. 

VII. Federal Assistance 

VII–1. Actions related to financial 

assistance administration performed at 

any stage during the financial assistance 

lifecycle, such as the development and 

issuance of guidance; announcements of 

availability of funds; project reviews for 

program eligibility; provision of 

technical assistance; conducting 

inspections, financial audits, and 

monitoring activities; development of 

information technology systems for 

financial assistance management; closeout activities; and actions taken in 

situations where an awardee is in nonconformance with program 

requirements, such as disallowances, 

recoupment of funds, and debarment. 

CEs labeled with an asterisk (*) 

require documentation in accordance 

with NIST’s NEPA Procedures. 

B. Categorical Exclusions Established 

by 15 U.S.C. 4652(d)(1) 

Each of the following categorical 

exclusions was established for the 

National Institute of Standards and 

Technology with respect to a covered 

activity, defined as any activity relating 

to the construction, expansion, or 

modernization of a facility, the 

investment in which is eligible for 

Federal financial assistance under 15 

U.S.C. 4652 or 4656, and is available for 

use by the Secretary: 

A. Categorical exclusion 17.04.d 

(relating to the acquisition of machinery 

and equipment) in the document 

entitled ‘EDA Program to Implement the 

National Environmental Policy Act of 

1969 and Other Federal Environmental 

Mandates As Required’ (Directive No. 

17.02–2; effective date October 14, 

1992). 

• EDA (d). Acquisition of machinery 

and equipment (M&E) unless these 

require applications for or amendments 

to existing air, water or solid waste 

permits. 

B. Categorical exclusion A9 in 

Appendix A to subpart D of part 1021 

of title 10, Code of Federal Regulations, 

or any successor regulation. 

• DOE A9. Information gathering 

(including, but not limited to, literature 

surveys, inventories, site visits, and 

audits), data analysis (including, but not 

limited to, computer modeling), 

document preparation (including, but 

not limited to, conceptual design, 

feasibility studies, and analytical energy 

supply and demand studies), and 

information dissemination (including, 

but not limited to, document 

publication and distribution, and 

classroom training and informational 

programs), but not including site 

characterization or environmental 

monitoring. (See also B3.1 of appendix 

B to this subpart.) 

C. Categorical exclusions B1.24, 

B1.31, B2.5, and B5.1 in Appendix B to 

subpart D of part 1021 of title 10, Code 

of Federal Regulations, or any successor 

regulation. 

• DOE B1.24. Transfer, lease, 

disposition, or acquisition of interests in 

personal property (including, but not 

limited to, equipment and materials) or 

real property (including, but not limited 

to, permanent structures and land), 

provided that under reasonably 

foreseeable uses (1) there would be no 

potential for release of substances at a 

level, or in a form, that could pose a 

threat to public health or the 

environment and (2) the covered actions 

would not have the potential to cause a 

significant change in impacts from 

before the transfer, lease, disposition, or 

acquisition of interests. 

• DOE B1.31. Installation or 

relocation and operation of machinery 

and equipment (including, but not 

limited to, laboratory equipment, 

electronic hardware, manufacturing 

machinery, maintenance equipment, 

and health and safety equipment), 

provided that uses of the installed or 

relocated items are consistent with the 

general missions of the receiving 

structure. Covered actions include 

modifications to an existing building, 

within or contiguous to a previously 

disturbed or developed area, that are 

necessary for equipment installation 

and relocation. Such modifications 

would not appreciably increase the 

footprint or height of the existing 

building or have the potential to cause 

significant changes to the type and 

magnitude of environmental impacts. 

• DOE B2.5. Safety and 

environmental improvements of a 

facility (including, but not limited to, 

replacement and upgrade of facility 

components) that do not result in a 

significant change in the expected 

useful life, design capacity, or function 

of the facility and during which 

operations may be suspended and then 

resumed. Improvements include, but are 

not limited to, replacement/upgrade of 

control valves, in-core monitoring 

devices, facility air filtration systems, or 

substation transformers or capacitors; 

addition of structural bracing to meet 

earthquake standards and/or sustain 

high wind loading; and replacement of 

aboveground or belowground tanks and 

related piping, provided that there is no 

evidence of leakage, based on testing in 

accordance with applicable 

requirements (such as 40 CFR part 265, 

‘‘Interim Status Standards for Owners 

and Operators of Hazardous Waste 

Treatment, Storage, and Disposal 

Facilities’’ and 40 CFR part 280, 

‘‘Technical Standards and Corrective 

Action Requirements for Owners and 

Operators of Underground Storage 

Tanks’’). These actions do not include 

rebuilding or modifying substantial 

portions of a facility (such as replacing 

a reactor vessel). 

• DOE. B5.1. (a) Actions to conserve 

energy or water, demonstrate potential 

energy or water conservation, and 

promote energy efficiency that would 

not have the potential to cause 

significant changes in the indoor or 

outdoor concentrations of potentially 

harmful substances. These actions may 

involve financial and technical 


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assistance to individuals (such as 

builders, owners, consultants, 

manufacturers, and designers), 

organizations (such as utilities), and 

governments (such as state, local, and 

tribal). Covered actions include, but are 

not limited to weatherization (such as 

insulation and replacing windows and 

doors); programmed lowering of 

thermostat settings; placement of timers 

on hot water heaters; installation or 

replacement of energy efficient lighting, 

low-flow plumbing fixtures (such as 

faucets, toilets, and showerheads), 

heating, ventilation, and air 

conditioning systems, and appliances; 

installation of drip-irrigation systems; 

improvements in generator efficiency 

and appliance efficiency ratings; 

efficiency improvements for vehicles 

and transportation (such as fleet 

changeout); power storage (such as 

flywheels and batteries, generally less 

than 10 megawatt equivalent); 

transportation management systems 

(such as traffic signal control systems, 

car navigation, speed cameras, and 

automatic plate number recognition); 

development of energy-efficient 

manufacturing, industrial, or building 

practices; and small-scale energy 

efficiency and conservation research 

and development and small-scale pilot 

projects. Covered actions include 

building renovations or new structures, 

provided that they occur in a previously 

disturbed or developed area. Covered 

actions could involve commercial, 

residential, agricultural, academic, 

institutional, or industrial sectors. 

D. The categorical exclusions 

described in paragraphs (4) and (13) of 

section 50.19(b) of title 24, Code of 

Federal Regulations, or any successor 

regulation. 

• HUD a(4). Public services that will 

not have a physical impact or result in 

any physical changes, including but not 

limited to services concerned with 

employment, crime prevention, child 

care, health, drug abuse, education, 

counseling, energy conservation and 

welfare or recreational needs. 

• HUD a(13). Operating costs 

including maintenance, security, 

operation, utilities, furnishings, 

equipment, supplies, staff training and 

recruitment and other incidental costs; 

however, in the case of equipment, 

compliance with § 50.4(b)(1) is required. 

E. Categorical exclusion (c)(1) in 

Appendix B to part 651 of title 32, Code 

of Federal Regulations, or any successor 

regulation. 

• Army (c)(1). Construction of an 

addition to an existing structure or new 

construction on a previously 

undisturbed site if the area to be 

disturbed has no more than 5.0 

cumulative acres of new surface 

disturbance. This does not include 

construction of facilities for the 

transportation, distribution, use, 

storage, treatment, and disposal of solid 

waste, medical waste, and hazardous 

waste. 

F. Categorical exclusions A2.3.8 and 

A2.3.14 in Appendix B to part 989 of 

title 32, Code of Federal Regulations, or 

any successor regulation. 

• USAF A2.3.8. Performing interior 

and exterior construction within the 5- 

foot line of a building without changing 

the land use of the existing building. 

• USAF A2.3.14. Installing on 

previously developed land, equipment 

that does not substantially alter land 

use (i.e., land use of more than one 

acre). This includes outgrants to private 

lessees for similar construction. 

Extraordinary Circumstances 

NIST has identified a list of 

extraordinary circumstances in its draft 

NEPA Procedures. If NIST determines 

that a CE is appropriate for a proposed 

action, NIST must also evaluate the 

proposed action for the presence of 

extraordinary circumstances. 40 CFR 

1501.4(b). Extraordinary circumstances 

are situations for which NIST has 

determined that further NEPA analysis 

may be required because they are 

circumstances in which a categorically 

excluded action may have significant 

effects. The mere presence of one or 

more extraordinary circumstances does 

not preclude the use of a CE. A 

determination of whether an action that 

is categorically excluded requires 

additional evaluation because of 

extraordinary circumstances focuses on 

the action’s potential effects and 

considers the significance of those 

effects in terms of the context (the 

potentially affected region, interests, 

and resources) and the intensity (the 

degree or severity of the effects) of the 

action. Before applying a CE, NIST must 

consider whether the proposed action 

involves one or more of the following 

extraordinary circumstances: 

1. The action has potential to 

adversely affect human health or safety; 

2. The action is located in or may 

affect an area with unique 

environmental characteristics, such as 

historic or cultural resources; park, 

recreation or refuge lands; wilderness 

areas; wild or scenic rivers; national 

natural landmarks; sole or principal 

drinking water aquifers; prime 

farmlands; wetlands (E.O. 11990); 

floodplains (E.O. 11988); national 

monuments; and other ecologically 

significant or critical areas; 

3. The action may affect a species that 

is listed, or proposed to be listed, as 

threatened or endangered under the 

Endangered Species Act (ESA), or is 

located in the habitat of such a species; 

4. The action has the potential to 

affect properties that are listed or 

eligible for listing on the National 

Register of Historic Places; 

5. The action has the potential to 

affect lands owned by or held in trust 

for a Federally recognized Tribe; 

6. The action has the potential to 

restrict access to and ceremonial use of 

Indian sacred sites on Federal lands by 

Indian religious practitioners or 

significantly adversely affect the 

physical integrity of such sacred sites 

(E.O. 13007); 

7. The action has the potential to have 

a disproportionate and adverse effect on 

communities with environmental justice 

concerns (E.O. 14096); 

8. The action has the potential to 

violate a Federal, State, Tribal, or local 

law or requirement imposed for 

protection of the environment; 

9. The action involves unresolved 

conflicts concerning alternative uses of 

available resources; 

10. The action has highly uncertain 

and potentially significant 

environmental effects or involves 

unique or unknown environmental 

risks; 

11. The action has the potential to 

establish a precedent for future action or 

represents a decision in principle about 

future actions with potentially 

significant environmental effects; or 

12. The action has the potential for 

significant cumulative impacts when 

the proposed action is combined with 

other past, present and reasonably 

foreseeable future actions, even though 

the impacts of the proposed action may 

not be significant by themselves. 

For CEs that NIST has adopted from 

other Federal agencies under Section 

109 of NEPA, NIST will consider 

extraordinary circumstances in the 

manner described in the Federal 

Register notice announcing the 

adoption. This process may require 

considering extraordinary 

circumstances identified by the agency 

that developed the CE in that agency’s 

NEPA implementing procedures. 

If NIST determines that an 

extraordinary circumstance exists, NIST 

may nonetheless determine that a CE is 

appropriate for the proposed action if 

NIST conducts an analysis and 

determines that the proposed action 

does not in fact have the potential to 

result in significant effects 

notwithstanding the extraordinary 

circumstance or modifies the action to 

avoid the potential to result in 

significant effects. In such cases, NIST 

will document the determination and 


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Federal Register / Vol. 89, No. 238 / Wednesday, December 11, 2024 / Notices 99839 

make it publicly available on a NIST 

website or through other means. 

Documenting the Use of a CE 

Some activities, such as routine 

personnel actions or purchases of small 

amounts of supplies, may carry no risk 

of significant environmental effects, 

such that there is no benefit from 

preparing additional documentation 

when applying a CE to those activities. 

NIST must, however, prepare a separate 

document to evaluate the applicability 

of a CE in each of the following cases: 

1. For any application of a CE 

designated by NIST as requiring 

documentation, as indicated by an 

asterisk in the list of proposed new CEs; 

2. For any application of a CE adopted 

from another Federal agency under 

Section 109 of NEPA; and 

3. For any case in which NIST 

determines that a CE is appropriate 

notwithstanding the existence of an 

extraordinary circumstance. 

Such documentation must include the 

following: 

(a) a description of the proposed 

action; 

(b) the CE category number, title, and 

CE text that applies to the action; 

(c) a brief summary of the agency’s 

rationale for determining that the 

proposed action is consistent with the 

terms of the CE, including a description 

of how the action complies with any 

limitations in the CE (e.g., surface 

disturbance limitations); 

(d) a brief summary of the agency’s 

review of the extraordinary 

circumstances (or, where applicable, the 

extraordinary circumstances identified 

by the agency that developed a CE 

adopted by NIST under Section 109 of 

NEPA); and 

(e) where the agency has determined 

that one or more extraordinary 

circumstance exists, the rationale for the 

agency’s determination that the 

proposed action does not in fact have 

the potential to result in significant 

effects notwithstanding the 

extraordinary circumstance, or a 

description of the modifications that 

NIST has made to the action to avoid 

the potential to result in significant 

effects. 

The document may take the form of 

a memorandum, a completed form, or 

other similar document, so long as the 

above components are included. Before 

the action is implemented, NIST must 

sign and date the document to indicate 

that use of the CE is appropriate. NIST 

must keep the original, signed 

document as part of the record for the 

action. 

Request for Comments 

NIST requests comments from the 

public on its draft NEPA Procedures and 

its proposal to establish new CEs. The 

agency will consider input from the 

public and consult with CEQ for a 

conformity determination before 

finalizing its proposal. 

Alicia Chambers, 

NIST Executive Secretariat. 

[FR Doc. 2024–29088 Filed 12–10–24; 8:45 am] 

BILLING CODE 3510–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE524] 

Endangered Species; File No. 28262 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; withdrawal of 

application. 

SUMMARY: Notice is hereby given that 

Kori Johnsen, 1792 Harrison Avenue, 

Melbourne, FL 32935, has withdrawn 

their application for a permit to conduct 

research on green (Chelonia mydas), 

hawksbill (Eretmochelys imbricata), and 

Kemp’s ridley (Lepidochelys kempii) sea 

turtles. 

ADDRESSES: The application and related 

documents are available for review 

upon written request via email to 

NMFS.Pr1Comments@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: Erin 

Markin, Ph.D., or Amy Hapeman, (301) 

427–8401. 

SUPPLEMENTARY INFORMATION: On 

September 9, 2024, notice was 

published in the Federal Register (89 

FR 73069) that a request for a permit to 

conduct research on green, hawksbill, 

and Kemp’s ridley sea turtles had been 

submitted by the above-named 

applicant. The applicant has withdrawn 

the application from further 

consideration. 

Dated: December 5, 2024. 

Julia M. Harrison, 

Chief, Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. 2024–29063 Filed 12–10–24; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XE508] 

Fisheries of the Gulf of Mexico; 

Southeast Data, Assessment, and 

Review (SEDAR); Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of SEDAR 88 Red Tide 

Topical Working Group Webinar IV for 

Gulf of Mexico Red Grouper. 

SUMMARY: The SEDAR 88 assessment of 

Gulf of Mexico red grouper will consist 

of a series of webinars. See 

SUPPLEMENTARY INFORMATION. 

DATES: The SEDAR 88 Red Tide Topical 

Working Group Webinar IV will be held 

January 15, 2025, from 11 a.m. to 1 p.m., 

Eastern. 

ADDRESSES: The meeting will be held 

via webinar. The webinar is open to 

members of the public. Those interested 

in participating should contact Julie A. 

Neer at SEDAR (see FOR FURTHER

INFORMATION CONTACT) to request an 

invitation providing webinar access 

information. Please request webinar 

invitations at least 24 hours in advance 

of each webinar. 

SEDAR address: 4055 Faber Place 

Drive, Suite 201, North Charleston, SC 

29405. 

FOR FURTHER INFORMATION CONTACT: Julie 

A. Neer, SEDAR Coordinator; phone: 

(843) 571–4366; email: Julie.neer@

safmc.net. 

SUPPLEMENTARY INFORMATION: The Gulf 

of Mexico, South Atlantic, and 

Caribbean Fishery Management 

Councils, in conjunction with NOAA 

Fisheries and the Atlantic and Gulf 

States Marine Fisheries Commissions 

have implemented the Southeast Data, 

Assessment and Review (SEDAR) 

process, a multi-step method for 

determining the status of fish stocks in 

the Southeast Region. SEDAR is a multistep process including: (1) Data 

Workshop; (2) Assessment Process 

utilizing webinars; and (3) Review 

Workshop. The product of the Data 

Workshop is a data report that compiles 

and evaluates potential datasets and 

recommends which datasets are 

appropriate for assessment analyses. 

The product of the Assessment Process 

is a stock assessment report that 

describes the fisheries, evaluates the 

status of the stock, estimates biological 

benchmarks, projects future population 

conditions, and recommends research 


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