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[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Notices]
[Pages 106456-106458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30972]

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DEPARTMENT OF DEFENSE

Office of the Secretary

Adoption of Categorical Exclusion From the Department of the Navy 
Under the National Environmental Policy Act

AGENCY: Office of Local Defense Community Cooperation (OLDCC), 
Department of Defense (DoD).

ACTION: Notice of adoption of the Department of Navy's (DoN) 
Categorical Exclusion for facility renovation pursuant to section 109 
of the National Environmental Policy Act (NEPA).

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SUMMARY: OLDCC is adopting the DoN's Categorical Exclusion 14 for the 
alteration of an existing building. This notice describes the proposed 
action for which OLDCC intends to use the DoN Categorical Exclusion and 
details the consultation between the agencies.

FOR FURTHER INFORMATION CONTACT: Patrick J. O'Brien, Director, Office 
of Local Defense Community Cooperation, Office of the Secretary of 
Defense, 2231 Crystal Drive, Suite 520, Arlington VA 22202-4704, (703) 
697-2130.

SUPPLEMENTARY INFORMATION:

I. NEPA and Categorical Exclusions

    NEPA and Categorical Exclusions, 42 United States Code (U.S.C.) 
4321-4347, requires all Federal agencies to assess the environmental 
impacts of their

[[Page 106457]]

actions. Congress enacted NEPA 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. 
NEPA seeks to ensure agencies consider the environmental effects of 
their proposed actions in their decision-making processes and inform 
and involve the public in that process. NEPA created the Council on 
Environmental Quality (CEQ), which based on 42 U.S.C. 4336c, 
promulgated NEPA implementing guidance at 40 Code of Federal 
Regulations (CFR) parts 1500 through 1508 (CEQ regulations).
    To comply with NEPA, agencies determine the appropriate level of 
review--an Environmental Impact Statement (EIS), Environmental 
Assessment (EA), or categorical exclusion (42 U.S.C. 4336). 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. Id. 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 involves a more concise analysis and 
process than an EIS. Id. Following the EA, the agency may conclude the 
process with a finding of no significant impact if the analysis shows 
that the action will have no significant effects. If the analysis in 
the EA finds that the action is likely to have significant effects, 
however, then an EIS is required. Under NEPA and the CEQ regulations, a 
Federal agency may establish in its NEPA implementing procedures 
categorical exclusions, which are categories of actions the agency has 
determined normally do not significantly affect the quality of the 
human environment (40 CFR 1501.4, 1507.3(e)(2)(ii), 1508.1(d)). If an 
agency determines that a categorical exclusion 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, or if further analysis determines that the 
extraordinary circumstances do not involve the potential for 
significant environmental impacts, the agency may apply the categorical 
exclusion to the proposed action without preparing an EA or EIS (40 CFR 
1501.4). If the extraordinary circumstances have the potential to 
result in significant effects, the agency is required to prepare an EA 
or EIS.
    Section 109 of NEPA, enacted as part of the Fiscal Responsibility 
Act of 2023, allows a Federal agency to adopt a categorical exclusion 
listed in another agency's NEPA procedures for a category of proposed 
agency actions for which the categorical exclusion was established (42 
U.S.C. 4336(c)). To adopt another agency's categorical exclusion under 
section 109, an agency must identify the relevant categorical exclusion 
listed in that agency's (``establishing agency'') NEPA procedures that 
cover its category of proposed actions or related actions; consult with 
the establishing agency to ensure that the proposed adoption of the 
categorical exclusion to a category of actions is appropriate; identify 
to the public the categorical exclusion that the agency plans to use 
for its proposed actions; and document adoption of the categorical 
exclusion. Id. This notice documents OLDCC's adoption of DoN's 
categorical exclusion under Section 109 of NEPA.

II. Identification of the Categorical Exclusion

    DoN's categorical exclusion for the alteration to an existing 
building when the environmental effects will remain substantially the 
same and the use is consistent with applicable regulations is codified 
in DoN's NEPA procedures as categorical exclusion 14 in 32 CFR 
775.6(f)(14).

Proposed Action

    The Manufacturers' Association of South-Central Pennsylvania 
(Association) proposes to renovate their existing facility at 3405 
Board Road, York, Pennsylvania to simulate a manufacturing environment 
as part of the association's scope of work undertaken as part of an 
OLDCC Defense Manufacturing Community Support Program funded grant.

III. Rationale for the Categorical Exclusion

    The proposed renovation will take place within the existing 
envelope of the facility by expanding training and classroom space. All 
proposed renovation activities will not require any ground disturbance 
or external changes. The proposed renovation will alter 6,000 square 
feet of the existing interior warehouse space, adjacent to the 
Association's currently occupied space of 12,000 square feet.

IV. Consideration of Extraordinary Circumstances

    If an agency determines that a categorical exclusion 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)). OLDCC does not currently 
have its own NEPA implementing procedures to guide its application of 
extraordinary circumstances. Until OLDCC establishes NEPA implementing 
procedures, for purposes of considering extraordinary circumstances in 
connection with the DoN categorical exclusion discussed in this notice, 
OLDCC has considered whether the proposed action has the potential to 
result in significant effects, including by considering the factors 
listed in DoN's definition of extraordinary circumstances (32 CFR 
775.6(e)(1)).
    OLDCC has assessed the proposed action and determined that none of 
the extraordinary circumstances listed in 32 CFR 775.6(e)(1) that 
preclude the use of categorical exclusion 14 are applicable to the 
proposed action.

V. Consultation With DoN and Determination of Appropriateness

    OLDCC and DoN consulted on the appropriateness of OLDCC's adoption 
of the categorical exclusion from July to September 2024. DoN has 
provided OLDCC with a ``no objection concurrence'' for OLDCC's proposed 
adoption of the categorical exclusion. This consultation included a 
review of DoN's experience applying the categorical exclusion and the 
proposed action for which OLDCC plans to utilize it. Following this 
consultation and review, OLDCC has determined that the impacts of the 
proposed action to renovate the Association's facility is similar to 
the impacts, which are not significant, of projects for which DoN may 
apply the categorical exclusion. Additionally, OLDCC determined that 
there are no extraordinary circumstances. Therefore, OLDCC has 
determined that its proposed use of DoN's categorical exclusion 14, as 
described within this notice, would be appropriate.

Notice to the Public and Documentation of Adoption

    This notice documents adoption of the DoN categorical exclusion 
listed above in accordance with 42 U.S.C. 4336(c) and 32 CFR 
775.6(e)(1) and is available for use by OLDCC, effective immediately.

[[Page 106458]]

    Dated: December 19, 2024.
Stephanie J. Bost,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2024-30972 Filed 12-27-24; 8:45 am]
BILLING CODE 6001-FR-P
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