This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

25497 

Vol. 89, No. 71 

Thursday, April 11, 2024 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

14 CFR Part 1216 

[Document Number–23–038; Docket 

Number–NASA–2023–0005] 

RIN 2700–AE56 

Procedures for Implementing the 

National Environmental Policy Act 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Final rule. 

SUMMARY: The National Aeronautics and 

Space Administration (NASA) is 

amending and updating its regulations 

for implementing the National 

Environmental Policy Act of 1969 

(NEPA). The amendments revise 

NASA’s regulations to better align with 

the Agency’s current and near future 

actions, adjust the level of NEPA review 

and documentation required for certain 

actions, and provide more concise 

descriptions of NASA actions. 

Additionally, consistent with NASA’s 

requirement to review existing 

Categorical Exclusions (CatExs) at least 

every seven years to determine whether 

modifications, additions, or deletions 

are appropriate, this final rule 

incorporates updates to NASA’s CatExs 

based on that review. With the 

exception of revisions to the legal 

authority citations, there are no textual 

changes between the proposed rule that 

published for public comment on May 

3, 2023, and this final rule. 

DATES: Effective April 11, 2024. 

FOR FURTHER INFORMATION CONTACT: Tina 

Norwood, (202) 740–2308, 

tina.norwood@nasa.gov. General 

information about NASA’s NEPA 

process is available on the NASA NEPA 

Portal and NEPA Library at https://

www.nasa.gov/emd/nepa. 

SUPPLEMENTARY INFORMATION: 

Background 

The National Environmental Policy 

Act, as amended, 42 U.S.C. 4321–4347, 

requires Federal agencies to consider 

the environmental impact of their 

proposed actions (42 U.S.C. 4332(2)(C)). 

The Council on Environmental Quality 

(CEQ) has promulgated regulations at 40 

CFR parts 1500 through 1508 (CEQ 

regulations) implementing NEPA that 

provide the overarching framework for 

Federal agency implementation of 

NEPA. On July 16, 2020, the CEQ issued 

a final rule comprehensively updating 

its regulations implementing NEPA, 85 

FR 43304 (July 16, 2020). The CEQ 

regulations require Federal agencies to 

develop or revise their procedures for 

implementing NEPA, as necessary, for 

consistency with CEQ’s regulations or 

for efficiency (40 CFR 1507.3(b), (c)). 

However, the CEQ has extended the 

deadline for agencies to propose 

conforming adjustments to their agency 

NEPA procedures until September 14, 

2023, 86 FR 34154 (June 29, 2021). 

Moreover, consistent with Executive 

Orders (E.O.) 13990 of January 20, 2021, 

Protecting Public Health and the 

Environment and Restoring Science to 

Tackle the Climate Crisis, and E.O. 

14008 of January 27, 2021, Tackling the 

Climate Crisis at Home and Abroad, the 

CEQ is conducting a comprehensive 

review of the 2020 revisions to the CEQ 

regulations and is taking a phased 

approach to reconsider the regulations. 

See 86 FR 55757 (Oct. 7, 2021); 87 FR 

23453 (Apr. 20, 2022). In this 

rulemaking, NASA is implementing 

new and revised CatExs, revising its list 

of actions normally requiring 

environmental impact statements or 

environmental assessments (EA), and 

making other clarifying non-substantive 

revisions. NASA will consider whether 

to propose additional changes to its 

procedures at the conclusion of CEQ’s 

ongoing rulemaking process. 

NASA’s NEPA regulations are 

codified in 14 CFR subpart 1216.3 

(Procedures for Implementing the 

National Environmental Policy Act). 

NASA consulted with the CEQ during 

the development of these updated 

procedures and prior to their 

publication in the Federal Register. 

These regulations (1) codify changes to 

NASA’s implementing regulations 

which reflect lessons learned since 

NASA last amended its NEPA 

regulations in 2012 (77 FR 3102 (Jan. 23, 

2012)); (2) encourage increased use of 

programmatic NEPA documents and 

tiering for routine and repetitive actions 

for which the environmental impact is 

well understood; and (3) add several 

new CatExs for NASA actions that 

neither individually nor cumulatively 

have a significant impact on the quality 

of the human environment. 

In addition to NASA’s implementing 

regulations, NASA provides specific 

instructions pertaining to NEPA 

program responsibilities internally 

through NASA Procedural 

Requirements (NPR) 8580.1, 

Implementing the National 

Environmental Policy Act and E.O. 

12114, available at NASA’s NEPA 

website https://www.nasa.gov/emd/ 

nepa (under NEPA Process). 

Since NASA’s last NEPA regulatory 

revision in 2012, NASA’s mission, 

programs, and strategic goals have 

evolved with a key focus on leading a 

new era of human space exploration, 

performing transformative aeronautics 

technology research, and continuing to 

study our planet and the solar system. 

This final rule builds upon decades of 

NASA’s experience and seeks to better 

align with NASA’s evolving technology 

and mission demands. NASA’s NEPA 

regulations and policy will continue to 

be available on NASA’s Public Portal at 

https://www.nasa.gov/emd/nepa/ 

(under NEPA Process). In addition, 

NASA NEPA policy (NPR 8580.1) will 

be updated to reflect the revised 

updated NASA regulations and posted 

on the website. 

Public Comment Discussion: NASA 

published a Notice of Proposed 

Rulemaking (NPRM) in the Federal 

Register on May 3, 2023 (88 FR 27804), 

which proposed amendments to its 

current regulations at 14 CFR part 1216. 

The 60-day comment period on the 

proposed rule closed on July 3, 2023. 

NASA received three comments on the 

public docket. Two of the comments are 

specific to this NPRM. Given their 

brevity, NASA sets forth the substantive 

comments, and NASA’s response, in full 

below. NASA received a third comment 

that did not pertain to NASA’s NEPA 

process nor this rulemaking and which 

does not require a response. After a 

thorough review of the comments 

received, NASA made no changes to the 

text of this rule in response to the 

received comments. 


khammond on DSKJM1Z7X2PROD with RULES
25498 Federal Register / Vol. 89, No. 71 / Thursday, April 11, 2024 / Rules and Regulations 

Public Comment #1: ‘‘In paragraph 

one of the introduction section it says 

that NASA wants to ‘adjust the level of 

NEPA review and documentation 

required for certain NASA actions that 

have become routine over the past 

decade for which NASA has determined 

they do not have significant 

environmental effects’. I am curious if 

this is effective. If NASA is doing their 

own review over what they believe does 

not effect the environment is it neutral? 

How do we know they’re actually 

following environmental regulations 

when they did the review themselves. I 

feel as though they are biased in this 

determination and that outside agencies 

should check on this and make sure 

they actually do not negatively impact 

the environment before they are allowed 

to change the regulations.’’ 

Public Comment #2: ‘‘I support 

revising NEPA procedures to keep up to 

date on new scientific information and 

rapidly changing environmental 

conditions. But I oppose agency 

attempts to circumvent necessary NEPA 

analysis out of convenience or political 

expediency. NEPA remains a critically 

important law to ensure objective 

analysis of the potential environmental 

consequences of proposed actions and 

of feasible alternatives. It is also often 

the only opportunity for meaningful 

government transparency and public 

involvement. 

The climate and extinction crises are 

escalating and pose an existential threat 

to humanity and the biosphere. It is 

imperative that NASA and other federal 

agencies use every NEPA analysis 

process to seek solutions to these crises. 

Our ‘spaceship Earth’ is in trouble and 

we need to be taking bold and 

innovative actions to save it. Thank you 

very much for your consideration.’’ 

NASA Response: In response to the 

first comment, NASA notes that NEPA 

and the CEQ regulations implementing 

NEPA place the responsibility for 

evaluating the environmental impact of 

an action proposed by a Federal agency 

on the agency that proposes the action. 

42 U.S.C. 4332(2)(C); 40 CFR 1501.2. 

The CEQ regulations also direct 

agencies to ‘‘adopt, as necessary, agency 

NEPA procedures to improve agency 

efficiency and ensure that agencies 

make decisions in accordance with the 

Act’s procedural requirements,’’ and to 

‘‘consult with [CEQ] while developing 

or revising [their] proposed 

procedures.’’ 40 CFR 1507.3(b)(1), (c). 

To ensure NASA’s NEPA regulations 

properly reflect these statutory and 

regulatory mandates, NASA coordinated 

development of this rule with the CEQ, 

received Federal interagency comments 

during the E.O. 12866 interagency 

review process, and made the NPRM 

available for a 60-day period of public 

review and comment. On January 18, 

2024, the CEQ provided a letter 

confirming that this rule is in 

conformity with NEPA and the CEQ 

regulations. This process ensured that 

NASA’s NEPA regulations are unbiased 

and conform to the CEQ’s NEPA 

regulations. NEPA and the CEQ 

regulations furthermore require NASA 

to ensure the professional integrity, 

including scientific integrity, of its 

environmental analyses. 42 U.S.C. 

4332(2)(D); 40 CFR 1502.23. NASA’s 

regulations and policies in 14 CFR 

subpart 1216.1 will ensure that NASA’s 

analyses of environmental impacts of 

proposed actions will not pre-determine 

any outcome (i.e., will be neutral and 

present the decision maker with an 

evidence- and science-based analysis). 

14 CFR 1216.1. 

Further, NASA’s changes to its NEPA 

regulations are fully supported by: (1) 

the substantial administrative record, 

which provides supporting information 

for the review, development, and 

implementation of NASA’s new and 

modified CatExs; (2) NASA’s scoping 

and public notice and comment process, 

which has informed the Agency on the 

appropriate level of NEPA review to 

typically be applied to similar actions; 

and (3) final NEPA documents 

themselves, which are widely available 

to the public. 

NASA directly benefits from its 

partnership with cooperating and 

consulting agencies and Native 

American Tribes that have jurisdiction 

over an aspect of a proposed action or 

special expertise with respect to any 

environmental issue. Such consultation 

and coordination are also required by 

other independent legal requirements 

(e.g., consultation under the Endangered 

Species Act, government-to-government 

consultation with Tribal Nations, 

consultation regarding effects to cultural 

resources under the National Historic 

Preservation Act; coordination with 

regard to impacts to wetlands under the 

Clean Water Act, etc.). 

NASA also agrees with the second 

commenter’s statements regarding the 

importance of NEPA and its critical role 

in objective agency decision-making. 

NASA is not updating the rule to 

circumvent the NEPA process out of 

convenience or political expediency. 

Rather, the updates to the regulations 

seek to improve NASA’s consideration 

of environmental impacts related to its 

evolving mission, which includes the 

study of the Earth and collection of data 

essential to man’s understanding of 

short and long-term effects of climate 

change. By encouraging programmatic 

reviews and updating NASA’s list of 

categorical exclusions, the regulation 

drives efficiencies that will help NASA 

further this mission. In addition, 

NASA’s final rule provides transparency 

and public involvement, emphasizing 

NASA’s commitment to the integrity of 

the NEPA process. 

Statutory Authority: The National 

Aeronautics and Space Act, 51 U.S.C. 

20101 et seq., authorizes the NASA 

Administrator to make, promulgate, 

issue, rescind, and amend rules and 

regulations governing the manner of its 

operations and the exercise of the 

powers vested in it by law. 

Regulatory Analysis 

A. Executive Order (E.O.) 12866— 

Regulatory Planning and Review 

E.O.s 13563 and 12866 direct agencies 

to assess all costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, reducing costs, 

harmonizing rules, and promoting 

flexibility. After conferring with the 

Office of Management and Budget, this 

final rule has been determined to not 

meet the criteria set forth under section 

3(f) of E.O. 12866 for designation as a 

‘‘significant regulatory action.’’ 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires an agency to 

prepare an initial regulatory flexibility 

analysis to be published at the time the 

final rule is published. This requirement 

does not apply if the agency ‘‘certifies 

that the rule will not, if promulgated, 

have a significant economic impact on 

a substantial number of small entities’’ 

(5 U.S.C. 603). This final rule modifies 

existing policies and procedural 

requirements for NASA compliance 

with NEPA. The final rule makes no 

substantive changes to requirements 

imposed on applicants for licenses, 

permits, financial assistance, and 

similar actions as related to NEPA 

compliance. Therefore, NASA certifies 

this final rule does not have a 

‘‘significant economic impact on a 

substantial number of small entities.’’ 

C. Review Under the Paperwork 

Reduction Act 

This final rule does not contain any 

information collection requirements 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 71 / Thursday, April 11, 2024 / Rules and Regulations 25499 

subject to the Paperwork Reduction Act 

of 1995 (44 U.S.C. 3501 et seq.). 

D. Environmental Review Under the 

National Environmental Policy Act 

The final rule revises agency 

procedures and guidance for 

implementing NEPA. NASA NEPA 

procedures are procedural guidance to 

assist in the fulfillment of Agency 

responsibilities under NEPA but are not 

the Agency’s final determination of 

what level of NEPA analysis is required 

for a particular proposed action. The 

CEQ sets forth the requirements for 

establishing agency NEPA procedures in 

its regulations at 40 CFR 1507.3. The 

CEQ regulations do not require agencies 

to conduct NEPA analyses or prepare 

NEPA documentation when establishing 

their NEPA procedures. The 

determination that establishing agency 

NEPA procedures does not require 

supporting NEPA analysis and 

documentation has been upheld in 

Heartwood, Inc. v. U.S. Forest Service, 

73 F. Supp. 2d 962, 972–73 (S.D. Ill 

1999), aff’d, 230 F.3d 947, 954–55 (7th 

Cir. 2000). 

E. Review Under Executive Order 13132 

NASA has considered this final rule 

under the requirements of E.O. 13132, 

Federalism. The Agency has concluded 

that the rule conforms with the 

federalism principles set out in this 

E.O., will not impose any compliance 

costs on the states, and will not have 

substantial direct effects on the states or 

the relationship between the National 

Government and the states or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, the 

Agency has determined that no further 

assessment of federalism implications is 

necessary. 

F. Review Under the Unfunded 

Mandates Reform Act 

Pursuant to Title II of the Unfunded 

Mandates Reform Act (UMRA) of 1995 

(2 U.S.C. 1531–1538), NASA has 

assessed the effects of the final rule on 

state, local, and Tribal governments, and 

the private sector. This final rule would 

not compel the expenditure of $100 

million or more by any state, local, or 

Tribal government, or anyone in the 

private sector. Therefore, this final rule 

is not subject to the requirements of 

section 202 and 205 of the UMRA. 

G. Expected Impact of the Final Rule 

NASA does not expect this final rule 

to have any economic impact on the 

overall economy of the United States; 

state, local, or Tribal governments or 

communities; or any private party 

involved in commercial space launch 

activities at NASA facilities. Given the 

most recent data NASA has available, 

most NASA actions fall within the 

scope of a CatEx (98 percent 

categorically excluded, 1.4 percent had 

an environmental assessment (EA)/ 

Finding of No Significant Impact, and 

0.16 percent had an environmental 

impact statement (EIS)/Record of 

Decision). By expanding the list of 

actions covered by a CatEx, this final 

rule promotes more efficient NEPA 

compliance without sacrificing the 

integrity of the environmental impact 

review process for those actions which 

may require an EA or EIS. 

The updates to several existing NASA 

CatExs and the addition of nine new 

CatExs are intended to further 

streamline NASA NEPA compliance for 

actions that, individually or 

cumulatively, do not have a significant 

impact on the quality of the human 

environment. The final rule does not 

materially alter the budgetary impact of 

entitlements, grants, NASA loan 

programs, or the rights and obligations 

of recipients thereof. The final rule does 

not raise novel legal or policy issues; 

rather it promotes consistency with the 

CEQ’s NEPA implementing regulations, 

thereby providing more regulatory 

certainty concerning NEPA compliance 

obligations to both NASA programs and 

commercial space operators who may 

propose actions that would occur on 

NASA jurisdictional facilities. 

Therefore, this final rule is not expected 

to have any adverse effect, economically 

or otherwise, on NASA, any other 

Federal, state, local, or Tribal entity, or 

any private party who may propose an 

action that would occur at a NASA 

jurisdictional facility. 

List of Subjects in 14 CFR Part 1216 

Environmental impact statements, 

Flood plains, Foreign relations. 

For the reasons given in the preamble, 

NASA amends 14 CFR part 1216 as 

follows: 

PART 1216—ENVIRONMENTAL 

QUALITY 

■ 1. Add an authority citation for part 

1216 to read as follows: 

Authority: 51 U.S.C. 20101 et seq.; 42 

U.S.C. 4321 et seq.; 42 U.S.C. 4371 et seq.; 

42 U.S.C. 7609; 40 CFR parts 1500 through 

1508. 

Subpart 1216.3—Procedures for 

Implementing the National 

Environmental Policy Act (NEPA) 

■ 2. The authority citation for subpart 

1216.3 is revised to read as follows: 

Authority: 51 U.S.C. 20101 et seq.; 42 

U.S.C. 4321 et seq.; 40 CFR parts 1500 

through 1508. 

■ 3. Amend § 1216.300 by revising 

paragraph (b) to read as follows: 

§ 1216.300 Scope. 

* * * * * 

(b) Through this subpart, NASA 

adopts the Council on Environmental 

Quality (CEQ) regulations implementing 

NEPA (40 CFR parts 1500 through 1508) 

and supplements those regulations with 

this subpart, for actions proposed by 

NASA that are subject to NEPA. This 

subpart and NASA’s NEPA policy are 

available on NASA’s Public Portal at 

https://www.nasa.gov/emd/nepa. 

■ 4. Revise § 1216.302 to read as 

follows: 

§ 1216.302 Responsibilities. 

(a) The NASA Senior Agency Official 

(SAO), is the Associate Administrator, 

Mission Support Directorate. The SAO 

is responsible for overall Agency NEPA 

compliance, including integration of 

NEPA into the Agency’s planning and 

decision making and resolving 

implementation issues. 

(1) The NASA Senior Environmental 

Official (SEO) is the Assistant 

Administrator, Office of Strategic 

Infrastructure. The SEO, in consultation 

with the SAO, is responsible for 

development and implementation of 

NASA NEPA policy requirements and 

guidance which fully integrate NEPA 

compliance into Agency planning and 

decision-making processes. To the 

extent the CEQ’s implementing 

regulations at 40 CFR parts 1500 

through 1508 reserve a specific 

authority to the SAO, the SAO is the 

responsible NASA official for resolving 

matters related to that specific authority. 

(2) The NASA Headquarters/ 

Environmental Management Division 

(HQ/EMD), in consultation with the 

SEO, is responsible for implementing 

NEPA functions and guiding NASA’s 

integration of NEPA into the Agency’s 

planning and decision making. HQ/ 

EMD provides oversight of all NASA 

entities in implementing their assigned 

responsibilities under NEPA. HQ/EMD, 

in coordination with the Center 

Environmental Management Office, is 

responsible for determining the 

appropriate level of NEPA 

documentation and maintaining a 

publicly accessible internet portal 

which includes information on the 

status of environmental impact 

statements (EISs) and other elements of 

NASA’s NEPA program (https://

www.nasa.gov/emd/nepa). 

(3) Each NASA Center has an 

environmental management office that 


khammond on DSKJM1Z7X2PROD with RULES
25500 Federal Register / Vol. 89, No. 71 / Thursday, April 11, 2024 / Rules and Regulations 

directs and implements the NEPA 

process, such as evaluating proposed 

actions; developing, reviewing, and 

approving required documentation; and 

advising Center-level program and 

project managers. 

(b) The ‘‘Responsible Official’’ is the 

NASA official who will ensure that 

planning and decision-making for each 

proposed Agency action complies with 

the regulations in this subpart and with 

Agency NEPA policy and guidance 

provided by the SAO, SEO, HQ/EMD, 

and the Center’s environmental 

management office as applicable. 

(c) NASA must comply with this 

subpart when considering issuance of a 

permit, lease, easement, or grant to a 

non-Federal party and may seek such 

non-Federal party’s assistance in 

obtaining necessary information and 

completing the NEPA process. 

■ 5. Revise § 1216.303 to read as 

follows: 

§ 1216.303 NEPA process in NASA 

planning and decision making. 

(a) NEPA is a procedural statute 

intended to ensure Federal agencies 

consider the environmental impacts of 

their proposed actions in the decisionmaking process. Full integration of the 

NEPA process with NASA project and 

program planning improves Agency 

decisions and ensures: 

(1) Consideration of sustainability, 

environmental stewardship, and 

compliance with applicable 

environmental statutes, regulations, and 

policies. 

(2) NASA’s analyses and 

documentation are prepared using a 

process that is transparent to the public, 

including opportunities for receipt and 

consideration of public comment, when 

appropriate. 

(3) Potential program and project risks 

and delays are minimized. 

(b) In considering whether the effects 

of a proposed action are significant and 

determining the appropriate level of 

NEPA review and documentation (i.e., 

EIS, environmental assessments (EA), 

categorical exclusions (CatEx)), NASA 

shall consider and analyze the 

potentially affected environment (i.e., 

affected area [national, regional, or 

local] and resources located therein) and 

the degree of the effects of the proposed 

action (e.g., short- and long-term effects, 

effects both beneficial and adverse, 

effects on public health and safety, 

effects that would violate Federal, state, 

Tribal, or local law protecting the 

environment). 

(c) NASA shall consider the 

reasonably foreseeable environmental 

impacts of a proposed Agency action, 

along with technical, economic, public 

health and safety, security, and other 

factors that are reasonably foreseeable, 

beginning in the early planning stage of 

a proposed action. NASA will not take 

any action that would have an adverse 

environmental impact or limit the 

choice of reasonable alternatives prior to 

completing NEPA review except as 

provided in 40 CFR 1506.1. 

(d) Records of Environmental 

Consideration (RECs) will be used to 

document: (1) Application of specific 

categorical exclusions to proposed 

actions; 

(2) Adoption of Federal draft or final 

NEPA documents; 

(3) Reevaluation of an existing NEPA 

document; and 

(4) Determination of whether an 

action fits within an existing NEPA 

document, including a programmatic 

NEPA document. 

■ 6. Amend § 1216.304 by: 

■ a. Revising paragraphs (a), (b), (c) 

introductory text, (c)(1), and (c)(3) 

through (6); 

■ b. Removing paragraph (c)(7); 

■ c. Revising paragraphs (d) 

introductory text and (d)(1)(ii) and (iv) 

through (vi); 

■ d. Adding paragraph (d)(1)(ix); 

■ e. Revising paragraphs (d)(2)(i) 

through (iii) and (v); 

■ f. Adding paragraphs (d)(2)(vi) 

through (ix); 

■ g. Revising paragraphs (d)(3) and 

(d)(4)(ii) through (iv); 

■ h. Adding paragraphs (d)(4)(vi) and 

(vii); 

■ i. Revising paragraphs (d)(5)(i) and (ii) 

and (e); and 

■ j. Removing paragraph (f). 

The revisions and additions read as 

follows: 

§ 1216.304 Categorical exclusions. 

(a) Categorical exclusions (CatExs) are 

categories of Agency actions that 

normally do not have a significant effect 

on the human environment and 

therefore do not require preparation of 

an EA or EIS. CatExs reduce paperwork, 

improve Government efficiency, and 

eliminate delays in initiating and 

completing proposed actions having no 

significant environmental impact. For 

some CatExs, as indicated in paragraph 

(d) of this section, a REC is required. 

(b) Application of CatExs and 

presence of extraordinary 

circumstances: 

(1) A proposed action may be 

categorically excluded if the action fits 

within the categories listed in paragraph 

(d) of this section and it does not 

involve any extraordinary 

circumstances in which a normally 

excluded action may have a significant 

effect. 

(2) If an extraordinary circumstance as 

described in paragraph (c) of this 

section is present, NASA may 

nevertheless categorically exclude the 

proposed action if the action fits within 

the categories listed in paragraph (d) of 

this section and NASA determines that 

implementation of mitigation measures, 

such as relocation of the proposed 

action to an alternative site or limiting 

construction activities to certain 

seasonal periods of the year to avoid the 

extraordinary circumstance(s) in 

question, are sufficient to allow the 

proposed action to be categorically 

excluded. 

(c) Extraordinary circumstances 

include situations where the proposed 

action: 

(1) Has a reasonable likelihood of 

having a significant effect on public 

health and safety or the human 

environment. 

* * * * * 

(3) Is of significantly greater scope or 

size than is normal for the particular 

category of action. 

(4) Has a reasonable likelihood of 

having effects that would violate 

Federal, state, Tribal, or local laws, or 

other enforceable requirements 

applicable to environmental protection. 

(5) May adversely affect sensitive 

resources, such as, but not limited to, 

Federally listed threatened or 

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 has been 

resolved through another environmental 

review process (e.g., the Clean Water 

Act (CWA) or the Coastal Zone 

Management Act (CZMA)). 

(6) May adversely affect national 

natural landmarks or cultural or historic 

resources, including, but not limited to, 

property listed on or eligible for listing 

on the National Register of Historic 

Places, unless the impact has been 

resolved through another review process 

(e.g., the National Historic Preservation 

Act (NHPA)). 

(d) The following actions normally do 

not have a significant effect on the 

human environment and are 

categorically excluded from the 

requirement to prepare an EA or EIS: 

(1) * * * 

(ii) Issuing procedural rules, manuals, 

directives, and requirements. 

* * * * * 

(iv) Preparing documents, including 

design and feasibility studies, analytical 

supply and demand studies, reports and 

recommendations, master and strategic 

plans, and other advisory documents. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 71 / Thursday, April 11, 2024 / Rules and Regulations 25501 

(v) Information-gathering exercises, 

such as inventories, audits, and studies. 

(vi) Preparing and disseminating 

information, including document 

mailings, publications, classroom 

materials, conferences, speaking 

engagements, websites, and other 

educational/informational activities. 

* * * * * 

(ix) Field studies, including water 

sampling, monitoring wells, cultural 

resources surveys, biological surveys, 

geologic surveys, modeling or 

simulations, routine data collection and 

analysis, and/or temporary equipment. 

(2) * * * 

(i) Routine maintenance, minor 

construction or rehabilitation, minor 

demolition, minor modification, minor 

repair, and continuing or altered 

operations at, or of, existing NASA or 

NASA-funded or -approved facilities 

and equipment, such as buildings, 

roads, grounds, utilities, communication 

systems, and ground support systems 

(e.g., space tracking and data systems). 

This includes routine operations such as 

security, public health and safety, and 

environmental services. 

(ii) Installing or removing equipment, 

including component parts, at existing 

Government or private facilities. 

(iii) Contributing equipment, 

software, technical advice, exchanging 

data, and consulting with other agencies 

and public and private entities. 

* * * * * 

(v) Routine packaging, labeling, 

storage, transportation, and disposal of 

materials and wastes, in accordance 

with applicable Federal, state, Tribal, or 

local laws or requirements. Examples 

include but are not limited to 

hazardous, non-hazardous, and other 

regulated materials and wastes. 

(vi) Habitat and species management 

activities conducted within the 

boundaries of NASA-controlled 

properties in accordance with 

applicable Federal, state, or local 

requirements. Examples include but are 

not limited to restoration of unique or 

critical habitat; thinning or brush 

control to improve growth of natural 

habitat, reduce invasive species, or 

reduce fire hazard; prescribed burning 

to reduce natural fuel build-up, reduce 

invasive species, or improve native 

plant vigor; planting appropriate 

vegetation that does not include noxious 

weeds or invasive plants; or wildlife 

management activities (REC required). 

(vii) Small-scale, short-term cleanup 

actions under the Resource 

Conservation and Recovery Act or other 

authorities to reduce risk to human 

health or the environment from the 

release or imminent and substantial 

threat of release of a hazardous 

substance other than high-level 

radioactive waste and spent nuclear 

fuel, including treatment (such as 

incineration, encapsulation, physical or 

chemical separation, and compaction), 

recovery, storage, or disposal of wastes 

at existing facilities currently handling 

the type of waste involved in the action. 

(viii) Replacement of existing energy 

sources with alternative or renewable 

energy sources that comply with 

existing permit conditions. 

(ix) Routine maintenance, repair, and 

operation of vessels (including 

unmanned autonomous surface vessels), 

aircraft (including unmanned aircraft 

systems), overland/surface 

transportation vehicles, and other 

transportation systems as applicable. 

Examples include but are not limited to 

transportation or relocation of NASA 

equipment and hardware by barge, 

aircraft, or surface transportation system 

(e.g., tractor trailer or railroad); retrieval 

of spent solid rocket boosters by vessel; 

repair or overhaul of vessel, aircraft, or 

surface transportation systems that do 

not result in a change in the 

environmental impacts of their normal 

operation. 

(3) Research, Development, and 

Science Activities including: 

(i) Research, development, testing, 

and evaluation in compliance with all 

applicable Federal, state, Tribal, or local 

laws or requirements and Executive 

Orders. This includes the research, 

development, testing, and evaluation of 

scientific instruments proposed for use 

on spacecraft, aircraft (including 

unmanned aircraft systems), sounding 

rockets, balloons, laboratories, 

watercraft, or other outdoor activities. 

(ii) Use of small quantities of 

radioactive materials used for 

instrument detectors, calibration, and 

other purposes. Materials may be 

associated with the proposed use on 

spacecraft, aircraft (including 

unmanned aircraft systems), sounding 

rockets, balloons, laboratories, 

watercraft, or other outdoor activities. 

(iii) Use of lasers for research and 

development, scientific instruments and 

measurements, and distance and 

ranging, where such use meets all 

applicable Federal, state, Tribal, or local 

laws or requirements and Executive 

orders. This includes lasers associated 

with spacecraft, aircraft (including 

unmanned aircraft systems), sounding 

rockets, balloons, laboratories, 

watercraft, or other outdoor activities. 

(iv) Use of non-space nuclear system 

payloads on various platforms (e.g., 

launch vehicle, sounding rocket, 

scientific balloon, and aircraft) (REC 

required). 

(v) Return of samples from solar 

system bodies (e.g., asteroids, comets, 

planets, dwarf planets, and planetary 

moons) to Earth when categorized as an 

Unrestricted Earth Return. NASA 

defines this activity as collecting 

extraterrestrial materials from solar 

system bodies, deemed by scientific 

opinion to have no indigenous life 

forms, and returning those samples to 

Earth (REC required). 

(4) * * * 

(ii) Granting or accepting easements, 

leases, licenses, rights-of-entry, and 

permits to use NASA property, or any 

non-NASA property, for activities that 

would be categorically excluded in 

accordance with this section (REC 

required). 

(iii) Transfer or disposal of real 

property, property rights, or interests if 

a resulting change in use is a use that 

would be categorically excluded under 

this section (REC required). 

(iv) Transferring real property 

administrative control to another 

Federal agency, including the return of 

public domain lands to the Department 

of the Interior (DoI) or other Federal 

agencies, and reporting of property as 

excess and surplus to the General 

Services Administration (GSA) for 

disposal, when the agency receiving 

administrative control (or GSA, 

following receipt of a report of excess) 

shall complete any necessary NEPA 

review prior to any change in land use 

(REC required). 

* * * * * 

(vi) Change in the facility status of 

real property assets (e.g., active or 

inactive). 

(vii) Reductions, realignments, or 

relocation of personnel into existing 

Federally owned or commercially leased 

space that does not involve a substantial 

change affecting the supporting 

infrastructure (e.g., no increase in 

vehicular traffic beyond the capacity of 

the supporting road network to 

accommodate such an increase). 

(5) * * * 

(i) Periodic aircraft (including 

unmanned aircraft systems) flight 

activities, including training and 

research and development, which are 

routine and comply with applicable 

Federal, state, Tribal, or local laws or 

requirements, and Executive Orders. 

(ii) Relocation of similar aircraft 

(including unmanned aircraft systems) 

not resulting in a substantial increase in 

total flying hours, number of aircraft 

operations, operational parameters (e.g., 

noise), or permanent personnel or 

logistics support requirements at the 

receiving installation (REC required). 

(e) The Responsible Official shall 

review the proposed action in its early 


khammond on DSKJM1Z7X2PROD with RULES
25502 Federal Register / Vol. 89, No. 71 / Thursday, April 11, 2024 / Rules and Regulations 

planning stage and consider the scope of 

the action, the potentially affected 

environment, and the degree of the 

reasonably foreseeable effects of the 

action to determine whether 

extraordinary circumstances exist that 

could result, either individually or 

cumulatively, in significant 

environmental impacts. If extraordinary 

circumstances exist, the Responsible 

Official must determine whether 

application of the categorical exclusion 

to the proposed action is appropriate or 

whether preparation of an EA or EIS is 

required. 

■ 7. Revise § 1216.305 to read as 

follows: 

§ 1216.305 Actions normally requiring an 

environmental assessment (EA). 

(a) NASA shall prepare an EA, which 

complies with 40 CFR 1501.5, when a 

proposed action is not categorically 

excluded and is not likely to have 

significant effects or when the 

significance of the effects is unknown. 

NASA shall consider the potentially 

affected environment and degree of the 

effects of the action when determining 

whether to prepare an EA. 

(b) NASA actions normally requiring 

an EA include: 

(1) Altering the ongoing operations at 

a NASA Center where the significance 

of the environmental effect(s) is 

unknown. 

(2) Construction or modifications of 

facilities that represent a major change 

to an existing master plan and could 

result in a change in the environmental 

effect(s). 

(3) Actions that are expected to result 

in major changes to established land 

use. 

(4) Launching a spacecraft containing 

a space nuclear system. Space nuclear 

systems include radioisotope power 

systems, such as radioisotope 

thermoelectric generators and 

radioisotope heater units, and fission 

systems used for surface power and 

spacecraft propulsion. 

■ 8. Revise § 1216.306 to read as 

follows: 

§ 1216.306 Actions normally requiring an 

environmental impact statement (EIS). 

(a) NASA shall prepare an EIS for 

actions that are likely to significantly 

impact the quality of the human 

environment, including actions for 

which an EA demonstrates that 

significant environmental impacts will 

potentially occur which will not be 

reduced or eliminated by changes to the 

proposed action or mitigation of its 

potentially significant environmental 

impacts. An EIS shall be prepared and 

published in accordance with CEQ’s 

implementing regulations (40 CFR part 

1502). 

(b) NASA actions normally requiring 

an EIS include: 

(1) Development and operation of new 

NASA-developed launch vehicles or 

space transportation systems. 

(2) Management, including recovery, 

transport, and curation, of sample 

returns to Earth from solar system 

bodies (such as asteroids, comets, 

planets, dwarf planets, and planetary 

moons) that would receive a Restricted 

Earth Return categorization. NASA 

requires such a mission to include 

additional measures to ensure any 

potential indigenous life form would be 

contained so it could not adversely 

impact humans or Earth’s environment. 

(3) Substantial construction projects 

expected to result in significant effect(s) 

on the quality of the human and natural 

environment when such construction 

and its effects are not within the scope 

of an existing master plan. 

■ 9. Revise § 1216.307 to read as 

follows: 

§ 1216.307 Programmatic documents and 

tiering. 

(a) For actions that require EAs or 

EISs, NASA encourages programmaticlevel analysis for actions that are similar 

in nature, broad in scope, or likely to 

have similar environmental effects. 

Programmatic NEPA analyses may take 

place in the form of an EA or EIS. (b) 

Tiering from previously prepared EISs 

or EAs is appropriate when it would 

eliminate repetitive discussions of the 

same issues and exclude from 

consideration issues already decided. 

Tiering from a programmatic-level 

NEPA document is appropriate for siteor project-specific actions that are 

included within the scope of the 

programmatic-level analysis. 

■ 10. Revise § 1216.308 to read as 

follows: 

§ 1216.308 Supplemental EAs and EISs. 

(a) In cases where a major Federal 

action remains to occur, supplemental 

documentation may be required for 

previously prepared EAs or EISs under 

the following circumstances: 

(1) If substantial changes are made to 

the proposed action that are relevant to 

environmental concerns; or 

(2) There are significant new 

circumstances or information relevant to 

environmental concerns and bearing on 

the proposed action and its impacts; or 

(3) NASA determines that the 

purposes of NEPA will be furthered by 

doing so. 

(b) The preparation of a supplemental 

EA or EIS shall be undertaken using the 

same procedural requirements set forth 

in 40 CFR 1501.5 or 40 CFR part 1502, 

as applicable; however, in the event a 

supplement to an EIS is required, 

scoping shall not be required unless, at 

NASA’s discretion and in consideration 

of the factors and requirements of 40 

CFR 1501.9, it is determined to be 

necessary or would otherwise further 

the purposes of NEPA. 

(c) When it is unclear if an EA or EIS 

supplement is required, NASA may 

prepare a Supplement Analysis. 

(1) The Supplement Analysis will 

discuss the circumstances that are 

pertinent to deciding whether to prepare 

a supplemental EA or EIS. 

(2) The Supplement Analysis will 

contain sufficient information for NASA 

to determine whether: 

(i) An existing EA or EIS should be 

supplemented; 

(ii) A new EA or EIS should be 

prepared; or 

(iii) No further NEPA documentation 

is required. 

(3) NASA shall make the 

determination and the related 

Supplement Analysis available to the 

public for information. 

(d) When applicable, NASA shall 

incorporate the determination and 

supporting Supplement Analysis made 

under paragraph (b) of this section, into 

the administrative record related to the 

action that is the subject of the EA or 

EIS supplement or determination. 

■ 11. Revise § 1216.309 to read as 

follows: 

§ 1216.309 Mitigation and monitoring. 

When the analysis proceeds to an EA 

or EIS and mitigation measures are 

adopted for the purpose of avoiding or 

reducing the significance of 

environmental impacts, such mitigation 

measures will be identified in the EA 

Finding of No Significant Impact 

(FONSI) or the EIS Record of Decision 

(ROD). NASA shall implement 

mitigation measures (including adaptive 

management strategies, where 

appropriate) consistent with applicable 

FONSIs and/or RODs and shall monitor 

their implementation and effectiveness. 

The Responsible Official shall ensure 

that funding for such mitigation 

measures is included in the program or 

project budget. 

■ 12. Amend § 1216.310 by revising 

paragraph (a) to read as follows: 

§ 1216.310 Classified actions. 

(a) The classified status of a proposed 

action does not relieve NASA of the 

requirement to assess, document, and 

consider the environmental impacts of a 

proposed action. 

* * * * * 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 71 / Thursday, April 11, 2024 / Rules and Regulations 25503 

■ 13. Revise § 1216.311 to read as 

follows: 

§ 1216.311 Emergency responses. 

(a) When the Responsible Official 

determines that emergency 

circumstances exist which make it 

necessary to take immediate response 

and/or recovery action(s) before 

preparing a NEPA analysis, then the 

following provisions apply: 

(1) The Responsible Official may 

undertake immediate emergency 

response and/or recovery action(s) 

necessary to protect life, property, or 

valuable resources. When taking such 

action(s), the Responsible Official shall, 

to the extent practicable, mitigate 

foreseeable adverse environmental 

impacts. 

(2) At the earliest practicable time, the 

Responsible Official shall notify the 

SAO of the emergency and any past, 

ongoing, or future NASA emergency 

response and/or recovery action(s). The 

SAO shall determine if NEPA applies 

and the appropriate level of NEPA 

analysis to document the emergency. If 

the emergency response and/or recovery 

action(s) will reasonably result in 

significant environmental impacts, the 

SAO shall consult with the CEQ about 

alternative arrangements for compliance 

with NEPA. 

(b) If the Responsible Official 

proposes emergency response and/or 

recovery actions that will continue 

beyond those needed to immediately 

protect life, property, and valuable 

resources, the Responsible Official shall 

consult with the SAO to determine the 

appropriate level of NEPA compliance. 

If continuation of the emergency actions 

will reasonably result in significant 

environmental impacts, the SAO shall 

consult with the CEQ about alternative 

arrangements for compliance. 

■ 14. Revise Appendix A to Subpart 

1216.3 to read as follows: 

Appendix A to Subpart 1216.3 of Part 

1216—Acronyms 

CatEx Categorical Exclusion 

CEQ Council on Environmental Quality 

CFR Code of Federal Regulations 

CWA Clean Water Act 

CZMA Coastal Zone Management Act 

DoI (U.S.) Department of the Interior 

EA Environmental Assessment 

EMD Environmental Management Division 

EIS Environmental Impact Statement 

FONSI Finding of No Significant Impact 

FR Federal Register 

GSA General Services Administration 

HQ Headquarters 

NASA National Aeronautics and Space 

Administration 

NEPA National Environmental Policy Act 

NHPA National Historic Preservation Act 

REC Record of Environmental 

Consideration 

RHU Radioisotope Heater Unit 

RPS Radioisotope Power Systems 

SAO Senior Agency Official 

SEO Senior Environmental Official 

OGC Office of the General Counsel 

ROD Record of Decision 

U.S.C. United States Code 

Nanette Smith, 

Team Lead, NASA Directives and 

Regulations. 

[FR Doc. 2024–07006 Filed 4–10–24; 8:45 am] 

BILLING CODE 7510–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 240405–0101] 

RIN 0694–AJ57 

Addition of Entities to and Revision of 

Entry on the Entity List 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: In this rule, the Bureau of 

Industry and Security (BIS) amends the 

Export Administration Regulations 

(EAR) by adding 11 entries to the Entity 

List, under the destinations of the 

Peoples Republic of China (China) (6), 

the Russian Federation (Russia) (3), and 

the United Arab Emirates (UAE) (2). 

These entities have been determined by 

the U.S. Government to be acting 

contrary to the national security or 

foreign policy interests of the United 

States. This rule also modifies one 

existing entity on the Entity List under 

the destination of China. 

DATES: This rule is effective April 11, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Chair, End-User Review Committee, 

Office of the Assistant Secretary for 

Export Administration, Bureau of 

Industry and Security, Department of 

Commerce, Phone: (202) 482–5991, 

Email: ERC@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Entity List 

The Entity List (Supplement no. 4 to 

part 744 of the EAR (15 CFR parts 730– 

774)) identifies entities for which there 

is reasonable cause to believe, based on 

specific and articulable facts, that the 

entities have been involved, are 

involved, or pose a significant risk of 

being or becoming involved in activities 

contrary to the national security or 

foreign policy interests of the United 

States, pursuant to § 744.11(b) of the 

EAR. The EAR impose additional 

license requirements on, and limit the 

availability of, most license exceptions 

for exports, reexports, and transfers (incountry) when a listed entity is a party 

to the transaction. The license review 

policy for each listed entity is identified 

in the ‘‘License Review Policy’’ column 

on the Entity List, and the impact on the 

availability of license exceptions is 

described in the relevant Federal 

Register document that added the entity 

to the Entity List. BIS places entities on 

the Entity List pursuant to parts 744 

(Control Policy: End-User and End-Use 

Based) and 746 (Embargoes and Other 

Special Controls) of the EAR. 

The End-User Review Committee 

(ERC), composed of representatives of 

the Departments of Commerce (Chair), 

State, Defense, Energy and, where 

appropriate, the Treasury, makes all 

decisions regarding additions to, 

removals from, or other modifications to 

the Entity List. The ERC makes all 

decisions to add an entry to the Entity 

List by majority vote and makes all 

decisions to remove or modify an entry 

by unanimous vote. 

Entity List Decisions 

Additions to the Entity List 

The ERC determined to add Khalaj 

Trading LLC and Mahdi Khalaj 

Amirhosseini, both under the 

destination of the UAE to the Entity List 

for engaging in the export and attempted 

export of items on the Commerce 

Control List (Supplement 1 to part 774 

of the EAR) from the United States to 

Iran through the UAE, in apparent 

violation of the Iranian Transactions 

and Sanctions Regulations (ITSR) (see 

31 CFR part 560) and the EAR. These 

activities are contrary to the national 

security and foreign policy interests of 

the United States under § 744.11 of the 

EAR. 

The ERC determined to add LINKZOL 

(Beijing) Technology Co., Ltd. and Xi’an 

Like Innovative Information Technology 

Co., Ltd., both under the destination of 

China, to the Entity List for acquiring 

and attempting to acquire U.S.-origin 

items in support of China’s military 

modernization efforts, including in 

support of Military-Intelligence End 

Users. The ERC also determined to add 

Beijing Anwise Technology Co., Ltd. 

and SITONHOLY (Tianjin) Co., Ltd., 

both under the destination of China, to 

the Entity List for acquiring and 

attempting to acquire U.S.-origin items 

in support of China’s military 

modernization efforts. These activities 

are contrary to U.S. national security 


khammond on DSKJM1Z7X2PROD with RULES