14 C.F.R. Subpart 1216.3—Procedures for Implementing the National Environmental Policy Act (NEPA)
Title 14 - Aeronautics and Space
Authority: The National Aeronautics and Space Act of 1958, as amended (42 U.S.C. 2451 et seq.); the National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.); the Environmental Quality Improvement Act of 1970, as amended (42 U.S.C. 4371 et seq.); sec. 309 the Clean Air Act, as amended (42 U.S.C. 7609); E.O. 11514 (Mar. 5, 1970, as amended by E.O. 11991, May 24, 1977); the Council on Environmental Quality NEPA Regulations (40 CFR part 1500–1508); and E.O. 12114, Jan. 4, 1979 (44 FR 1957).
Source: 44 FR 44485, July 30, 1979, unless otherwise noted.
This subpart sets forth NASA procedures implementing the provisions of section 102(2) of the National Environmental Policy Act (NEPA). The NASA procedures of this subpart supplement the regulations of the Council on Environmental Quality (43 FR 55978) which establish uniform procedures for implementing those provisions of NEPA. (a) This subpart is applicable to NASA Headquarters and field installations. (b) The procedures established by this subpart apply to all NASA actions which may have an impact on the quality of the environment. These actions may fall within any of the four NASA budget categories: Research and Development (R&D), Construction of Facilities (CoF), Research and Program Management (R&PM), and Space Flight Control and Data Communications (SFCDC), or, if not involving budget authority or other congressional approval, may be separate from the categories. [44 FR 44485, July 30, 1979, as amended at 53 FR 9760, Mar. 25, 1988] The definitions contained within part 1508, Terminology and Index, CEQ Regulations, 43 FR 55978, apply to subpart 1216.3. Additional definitions, necessary for the purpose of this subpart, are as follows: (a) Budget line items. The individual items in the annual NASA authorization legislation which are used here to classify the range of NASA actions. The four main budget line items are: (1) Research and Development (R&D). Those activities directed towards attaining the objectives of a specific mission, project, or program. All NASA's aeronautics and space program elements are categorized within the R&D program categories. R&D funds are expended chiefly for contracted research and development and for research grants. Some R&D funds are also expended in support of in-house research (e.g., equipment purchases and other research support, but not civil service salaries). (2) Research and Program Management (R&PM). Those activities directed towards the general support of the NASA institution charged with the conduct of the aeronautics and space program. R&PM funds are expended for the NASA civil service work force (both for performing in-house R&D and for planning, managing, and supporting contractor and grantee R&D), and for other general supporting functions. (3) Construction of Facilities (C of F). Those activities directed towards construction of new facilities; repair, rehabilitation, and modification of existing facilities; acquisition of related facility equipment; design of facilities projects; and advance planning related to future facilities needs. (4) Space Flight, Control and Data Communications (SFCDC). Has similar scope to R&D but covers activities which are primarily of a production and operational nature related to space flight. The content includes the national fleet of Space Shuttle orbiters, including main engines, launch site and mission operations, initial spares, production tooling and supporting activities, launch operations and tracking and data acquisition. (b) Construction of facilities project. The consolidation of applicable specific individual types of facility work, including related collateral equipment, which is required to fully reflect all of the needs, generally relating to one facility, which have been or may be generated by the same set of events or circumstances which are required to be accomplished at one time in order to provide for the planned initial operational use of the facility or a discrete portion thereof. Facility projects are subject to the NASA decision processes of §1216.304. (c) Environmental analysis. The analysis of the environmental effects of proposed actions, including alternative proposals. The analyses are carried out from the very earliest of planning studies for the action in question, and are the materials from which the more formal environmental assessments, environmental impact statements, and public record of decisions are made. (d) Institutional action. An action to establish, change, or terminate an aspect of the NASA institution, defined as the total NASA resource (plant, employees, skills). (e) R&D project. A discrete research and development activity, with a scheduled beginning and ending, which normally involves one of the following primary purposes: (1) The design, development, and demonstration of major advanced technology hardware items; (2) The design, construction, and operation of a new launch vehicle (and associated ground support) during its research and development phase; and (3) The construction and operation of one or more aeronautics or space vehicles (and necessary ground support) in order to accomplish a scientific or technical objective. R&D projects are each subelements in the NASA R&D budget line item. R&D projects are subject to the decision processes of §1216.304. (f) SFCDC project. R&D type projects authorized under the SFCDC budget line item. [44 FR 44485, July 30, 1979, as amended at 53 FR 9761, Mar. 25, 1988] (a) The Associate Administrator for Management or designee, who is responsible for developing the procedures of this subpart and for ensuring that environmental factors are properly considered in all NASA planning and decisionmaking, shall: (1) Monitor these processes to ensure that the agency procedures are achieving their purposes; (2) Advise line management and inform NASA employees of technical and management requirements of environmental analysis, of appropriate expertise available in and out of NASA, and—with the assistance of the NASA General Counsel—of relevant legal developments; and (3) Consolidate and transmit to the appropriate parties NASA comments on environmental impact statements and other environmental reports prepared by other agencies. (b) Officials-in-Charge of Headquarters Offices (hereafter termed “Headquarters officials”) are responsible for implementing the procedures established by these regulations for the consideration and documentation of the environmental aspects of the decision processes in their respective areas of responsibility. (c) The Assistant Administrator for Legislative Affairs is responsible for ensuring that the legislative environmental impact statements accompany NASA recommendations or reports on proposals for legislation submitted to Congress. The Associate Administrator for Management, the Chief Financial Officer (CFO)/Comptroller and the General Counsel will provide guidance as required. [44 FR 44485, July 30, 1979, as amended at 53 FR 9761, Mar. 25, 1988; 56 FR 50507, Oct. 7, 1991] The possible environmental effects of a proposed action must be considered, along with technical, economic, and other factors, in the earliest planning. At that stage, the responsible Headquarters official shall begin the necessary steps to comply with all the requirements of section 102(2) of the National Environmental Policy Act of 1969. Major NASA activities, particularly R&D (or SFCDC) and facility projects, generally have four distinct phases: The conceptual study phase; the detailed planning/definition phase; the development/construction phase; and the operation phase. (Other NASA activities have fewer, less well-defined phases, but can still be characterized by phases representing general or feasibility study, detailed planning or definition, and implementation.) Environmental documentation shall be linked to major decision points as follows: (a) Completion of an environmental assessment and the determination as to whether an environmental impact statement is required must be made prior to the decision to proceed from the conceptual study phase to the detailed planning/definition phase of the proposed action. For example, this determination must be concurrent with: (1) Proposal of an R&D (or SFCDC) project for detailed planning and project definition; (2) Proposal of a major Construction of Facilities project for detailed planning and project definition; (3) Proposal of an institutional action (other than a facility project) for detailed planning and definition; and (4) Proposal of a plan to define changes in an approved project. (b) The final environmental impact statement (EIS) should be completed and circulated prior to the decision to proceed from the detailed planning/definition phase to the development/construction (or implementation) phase of the proposed action. For example, the EIS should be completed by, and incorporated with: (1) Proposal of an R&D (or SFCDC) project for development/construction; (2) Proposal of a major Construction of Facilities project for development/construction; (3) Proposal to undertake a significant institutional action (other than a facility project); and (4) Proposal to implement a program change. [44 FR 44485, July 30, 1979, as amended at 53 FR 9761, Mar. 25, 1988] (a) Whether a proposed NASA action within the meaning of the CEQ Regulations (43 FR 55978) requires the preparation of an environmental assessment, an environmental impact statement, both, or neither, will depend upon the scope of the action and the context and intensity of any environmental effects expected to result. A NASA action shall require the preparation of an environmental assessment (§§1501.3 and 1508.9 of the CEQ Regulations) provided the action is not one normally requiring an environmental impact statement (paragraph (c)) or it is not categorically excluded from the requirement for an environmental assessment and an environmental impact statement (paragraph (d)). (b) Specific NASA actions normally requiring an environmental assessment are: (1) Specific spacecraft development and flight projects in space science. (2) Specific spacecraft development and flight projects in space and terrestrial applications. (3) Specific experimental projects in aeronautics and space technology and energy technology applications. (4) Development and operation of new space transportation systems and advanced development of new space transportation and spacecraft systems. (5) Reimbursable launches of non-NASA spacecraft or payloads. (6) Major Construction of Facilities projects. (7) Actions to alter ongoing operations at a NASA installation which could lead, either directly or indirectly, to natural or physical environmental effects. (c) NASA actions expected to have a significant effect upon the quality of the human environment shall require an environmental impact statement. For these actions an environmental assessment is not required. Criteria to be used in determining significance are given in §1508.27 of the CEQ Regulations (43 FR 55978). Specific NASA actions requiring environmental impact statements, all in the R&D budget category, are as follows: (1) Development and operation of new launch vehicles. (2) Development and operation of space vehicles likely to release substantial amounts of foreign materials into the earth's atmosphere, or into space. (3) Development and operation of nuclear systems, including reactors and thermal devices used for propulsion and/or power generation. Excluded are devices with millicurie quantities or less of radioactive materials used as instrument detectors and small radioisotope heaters used for local thermal control, provided they are properly contained and shielded. (d) NASA actions categorically excluded from the requirements to prepare either an environmental assessment or an EIS (§1508.4 of the CEQ Regulations) fit the following criteria: They are each sub-elements of an approved broadbased level-of-effort NASA science and technology program (basic research, applied research, development of technology, ongoing mission operations), facility program, or institutional program; and they are each managed relatively independently of other related sub-elements by means of separate task orders, Research and Technology Operating Plans, etc. Specific NASA actions fitting these criteria and thus categorically excluded from the requirements for environmental assessments and environmental impact statements are: (1) R&D (or SFCDC) activities in space science (e.g., Physics and Astronomy Research and Analysis, Planetary Exploration Mission Operations and Data Analysis) other than specific spacecraft development and flight projects. (2) R&D activities in space and terrestrial applications (e.g., Resource Observations Applied Research and Data Analysis, Technology Utilization) other than specific spacecraft development and flight projects. (3) R&D activities in aeronautics and space technology and energy technology applications (e.g., Research and Technology Base, Systems Technology Programs) other than experimental projects. (4) R&D (or SFCDC) activities in space transportation systems engineering and scientific and technical support operations, routine transportation operations, and advanced studies. (5) R&D (or SFCDC) activities in space tracking and data systems. (6) Facility planning and design (funding). (7) Minor construction of new facilities including rehabilitation, modification, and repair. (8) Continuing operations of a NASA installation at a level of effort, or altered operations, provided the alterations induce only social and/or economic effects but no natural or physical environmental effects. (e) Even though an action may be categorically excluded from the need for a formal environmental assessment or environmental impact statement, it is not excluded from the requirement for an environmental analysis conducted during the earliest planning phases. If that analysis shows that the action deviates from the criteria for exclusion and it is concluded that there may be significant environmental effects, an environmental assessment must be carried out. Based upon that assessment, a determination must then be made whether or not to prepare an environmental impact statement. [44 FR 44485, July 30, 1979, as amended at 53 FR 9761, Mar. 25, 1988] (a) For each NASA action meeting the criteria of 14 CFR 1216.305(b) and for other actions as required, the responsible Headquarters official shall prepare an environmental assessment (40 CFR 1501.3 and 1508.9 of the CEQ Regulations) and, on the basis of that assessment, determine if an EIS is required; except where action meeting the criteria is strictly of a local nature under the purview of the Field Installation Director. (b) If the determination is that no environmental impact statement is required, the Headquarters official or Field Installation Director, shall, in coordination with the Associate Administrator for Management, prepare a “Finding of No Significant Impact.” (See 40 CFR 1508.13 of the CEQ Regulations.) The “Finding of No Significant Impact” shall be made available to the affected public through direct distribution and publication in the (c) If the determination is that an environmental impact statement is required, the Headquarters official shall proceed with the “notice of intent to prepare an EIS” (see 40 CFR 1508.22 of the CEQ Regulations). The Headquarters official shall transmit this notice to the Associate Administrator for Management for review and subsequent publication in the (d) Environmental assessments may be prepared for any actions, even those which meet the criteria for environmental impact statements (§1216.305(c)) or for categorical exclusion (§1216.305(d)), if the responsible Headquarters official believes that the action may be an exception or that an assessment will assist in planning or decisionmaking. [44 FR 44485, July 30, 1979, as amended at 53 FR 9761, Mar. 25, 1988] The responsible Headquarters official shall conduct an early and open process for determining the scope of issues to be addressed in environmental impact statements and for identifying the significant issues related to a proposed action. The elements of the scoping process are defined in §1501.7 of the CEQ Regulations and the process must include considerations of the range of actions, alternatives, and impacts discussed in §1508.25 of the CEQ Regulations. The range of environmental categories to be considered in the scoping process shall include, but not be limited to: (a) Air quality; (b) Water quality; (c) Waste generation, treatment, transportation disposal and storage; (d) Noise, sonic boom, and vibration; (e) Toxic substances; (f) Biotic resources; (g) Radioactive materials and non-ionizing radiation; (h) Endangered species; (i) Historical, archeological, and recreational factors; (j) Wetlands and floodplains; and (k) Economic, population and employment factors, provided they are interrelated with natural or physical environmental factors. (a) The responsible Headquarters official shall prepare the draft environmental impact statement in the manner provided in 40 CFR part 1502 of the CEQ Regulations and shall submit the draft statement and any attachments to the Associate Administrator for Management for NASA review prior to any formal review outside NASA. This submission shall be accompanied by a list of Federal, State, and local officials (40 CFR part 1503 of the CEQ Regulations) and a list of other interested parties (40 CFR 1506.6 of the CEQ Regulations) from whom comments should be requested. (b) After the NASA review is completed, the Associate Administrator for Management shall submit the approved draft statement to the Environmental Protection Agency (EPA), Office of Federal Activities, and shall seek the views of appropriate agencies and individuals in accordance with 40 CFR part 1503 and §1506.6 of the CEQ Regulations. (c) Comments received shall be provided to the originating official for consideration in preparing the final statement. To the extent possible, requirements for review and consultation with other agencies on environmental matters established by statutes other than NEPA, such as the review and consultation requirements of the Endangered Species Act of 1973, as amended, should be met prior to or through this review process (§1216.320). [44 FR 44485, July 30, 1979, as amended at 53 FR 9761, Mar. 25, 1988] (a) Interested persons can get information on NASA environmental impact statements and other aspects of NASA's NEPA process by contacting the Assistant Associate Administrator for Facilities Engineering, Code NX, NASA Headquarters, Washington, DC 20546, 202–453–1965. Pertinent information regarding any aspect of the NEPA process may also be mailed to the above address. (b) Responsible Headquarters officials and NASA Field Installation Directors shall identify those persons, community organizations, and environmental interest groups who may be interested or affected by the proposed NASA action and who should be involved in the NEPA process. They shall submit a list of such persons and organizations to the Associate Administrator for Management at the same time they submit: (1) A recommendation regarding a “Finding of No Significant Impact,” (2) A “Notice of Intent to Prepare an EIS,” (3) A recommendation for public hearings, (4) A preliminary draft EIS, (5) A preliminary final EIS, (6) Other preliminary environmental documents (14 CFR 1216.321(d)). (c) The Associate Administrator for Management may modify such lists referred to in paragraph (b) of this section as appropriate to ensure that NASA shall comply, to the fullest extent practicable, with 40 CFR 1506.6 of the CEQ Regulations and section 2–4(d) of Executive Order 12114. (d) The decision whether to hold public hearings shall be made by the Associate Administrator for Management in consultation with the General Counsel. [53 FR 9762, Mar. 25, 1988, as amended at 56 FR 50507, Oct. 7, 1991] (a) After conclusion of the review process with other Federal, State, and local agencies and the public, the responsible Headquarters official shall consider all suggestions, revise the statement as appropriate, and forward the proposed final statement to the Associate Administrator for Management. The Associate Administrator for Management shall submit the approved final statement to the EPA Office of Federal Activities, to all parties who commented, and to other interested parties in accordance with CEQ Regulations. (b) Each draft and final statement, the supporting documentation, and the record of decision shall be available for public review and copying at the office of the responsible Headquarters official, or at the office of a suitable designee. Copies of draft and final environment impact statements shall also be available at the NASA Information Center, 600 Independence Avenue, SW., Washington, DC 20546; at information centers at appropriate NASA field installations; and at appropriate state and local clearinghouses. [44 FR 44485, July 30, 1979, as amended at 53 FR 9762, Mar. 25, 1988] At the time of the decision on the proposed action, the originating Headquarters official shall consult with the Associate Administrator for Management and prepare a concise public record of the decision. (See 40 CFR 1505.2 of the CEQ Regulations.) [53 FR 9762, Mar. 25, 1988] (a) Environmental impact statements are drafted when the Headquarters official has determined that the statement shall be prepared. No decision to proceed to the development/construction (or implementation) phase of the proposed action (the major decision point of §1216.304(b)) shall be made by NASA until the later of the following dates (§1506.10 of the CEQ Regulations); (1) Ninety days after publication of an EPA notice of a NASA draft EIS. (2) Thirty days after publication of an EPA notice of a NASA final EIS. (b) When necessary to comply with other specific statutory requirements, NASA shall consult with and obtain from EPA time periods other than those specified by the Council for timing of agency action. (a) Section 1505.3 of the CEQ Regulations provides for agency monitoring to assure that mitigation measures and other commitments associated with the decision and its implementation and described in the EIS are carried out and have the intended effects. (b) The responsible Headquarters official shall, as necessary, conduct the required monitoring and shall provide periodic reports as required by the Associate Administrator for Management. (c) If the monitoring activity indicates that resulting environmental effects differ from those described in the current documents, the Headquarters official shall reassess the environmental impact and consult with the Associate Administrator for Management to determine the need for additional mitigation measures and whether to prepare a supplement to the EIS (see 40 CFR 1502.9 of the CEQ Regulations). [44 FR 44485, July 30, 1979, as amended at 53 FR 9762, Mar. 25, 1988] Actions which are the subject of an environmental impact statement and which represents projects of broad scope may contain within them component actions of narrower scope, perhaps restricted to individual sites of activity or sequential stages of a mission, and which themselves may require environmental assessments and, where necessary, environmental impact statements. The CEQ Regulations provide that agencies may use “Tiering” (§1508.28 of the CEQ Regulations) of environmental impact statements to relate such broad and narrow actions. When employing tiering, Headquarters officials shall, by reference, make maximum use of environmental documentation already available, and avoid repetition. (a) Preparation of a legislative environmental impact statement shall conform to the requirements of 40 CFR 1506.8 of the CEQ Regulations. The responsible Headquarters official, in coordination with the Associate Administrator for Management, shall identify those NASA recommendations or reports on legislation that would require preparation of environmental impact statements in accordance with criteria set forth in 14 CFR 1216.305. (b) For the purposes of this provision, “legislation” not only excludes requests for appropriations (40 CFR 1508.17 of the CEQ Regulations), but also excludes the annual authorization bill submitted to the Congress. [53 FR 9762, Mar. 25, 1988] (a) The Associate Administrator for Management, in coordination with the Associate Administrator for External Relations, shall ensure that NASA officials have an opportunity to cooperate with other agencies and individuals. He/she shall keep abreast of the activities of Federal, state, and local agencies, particularly activities in which NASA has expertise or jurisdiction by law (see 40 CFR 1508.15 of the CEQ Regulations). He/she shall inform the responsible Headquarters official of the need for cooperation as necessary. (b) At the request of the Associate Administrator for Management, Headquarters officials shall initiate discussions with another Federal agency concerning those activities which may be the subject of that agency's EIS on which NASA proposes to comment. (c) At the request of the Associate Administrator for Management, the responsible Headquarters official shall, in the interest of eliminating duplication, prepare joint analyses, assessments, and statements with state and local agencies. These joint environmental documents shall conform with the requirements of these procedures and overall NASA policy. (d) Because of the uniqueness of the NASA's aerospace activities, it is unlikely that NASA will have the opportunity to “adopt” environmental statements prepared by other agencies (40 CFR 1506.3 of the CEQ Regulations). However, should the responsible NASA offical wish to adopt a Federal draft or final environmental impact statement or portion thereof, he/she shall consult with the Associate Administrator for Management to determine whether that statement meets NASA requirements. (e) From time to time, there may be disagreements between NASA and other Federal agencies regarding which agency has primary responsibility to prepare an environmental impact statement in which both parties are involved. The Headquarters official with primary responsibility for the activity in question shall consult with the Associate Administrator for Management to resolve such questions in accordance with 40 CFR 1501.5 of the CEQ Regulations. (f) Responsibility for the environmental analyses and any necessary environmental assessments and environmental impact statements required by permits, leases, easements, etc., proposed for issuance to non-Federal applicants rests with the Headquarters official responsible for granting of that permit, lease, easement, etc. The responsible Headquarters official shall consult with the Associate Administrator for Management for advice on the type of environmental information needed from the applicant and on the extent of the applicant's participation in the necessary environmental studies and their documentation. [53 FR 9762, Mar. 25, 1988] Environmental assessments and impact statements which contain classified information to be withheld from public release in the interest of national security or foreign policy shall be organized so that the classified portions are appendices to the environmental document itself. The classified portion shall not be made available to the public. From time to time there will arise good and valid reasons for a deviation from these procedures. These procedures are not intended to be a substitute for sound professional judgment. Accordingly, if and as problems arise which justify a deviation, the proposed deviation and supporting rationale shall be forwarded to the Associate Administrator for Management. Unless such documentation is received, it will be assumed that each planning and decisionmaking action is in accordance with these procedures. [53 FR 9763, Mar. 25, 1988]
Title 14: Aeronautics and Space
PART 1216—ENVIRONMENTAL QUALITY
Subpart 1216.3—Procedures for Implementing the National Environmental Policy Act (NEPA)
§ 1216.300 Scope.
§ 1216.301 Applicability.
§ 1216.302 Definition of key terms.
§ 1216.303 Responsibilities of NASA officials.
Agency Procedures
§ 1216.304 Major decision points.
§ 1216.305 Criteria for actions requiring environmental assessments.
§ 1216.306 Preparation of environmental assessments.
§ 1216.307 Scoping.
§ 1216.308 Preparation of draft statements.
§ 1216.309 Public involvement.
§ 1216.310 Preparation of final statements.
§ 1216.311 Record of the decision.
§ 1216.312 Timing.
§ 1216.313 Implementing and monitoring the decision.
§ 1216.314 Tiering.
§ 1216.315 Processing legislative environmental impact statements.
§ 1216.316 Cooperating with other agencies and individuals.
§ 1216.317 Classified information.
§ 1216.318 Deviations.
Other Requirements
§ 1216.319 Environmental resources document.
Each Field Installation Director shall ensure that there exists an environmental resources document which describes the current environment at that field installation, including current information on the effects of NASA operations on the local environment. This document shall include information on the same environmental effects as included in an environmental impact statement (see 14 CFR 1216.307). This document shall be coordinated with the Associate Administrator for Management and shall be published in an appropriate NASA report category for use as a reference document in preparing other environmental documents (e.g., environmental impact statements for proposed actions to be located at the NASA field installation in question). The Director of each NASA field installation shall ensure that existing resource documents are reviewed and updated, if necessary, by December 31, 1980, and at appropriate intervals thereafter.
[53 FR 9763, Mar. 25, 1988]
§ 1216.320 Environmental review and consultation requirements.
(a) Headquarters officials and Field Installation Directors shall, to the maximum extent possible, conduct environmental analyses, assessments, and any impact statement preparation concurrently with environmental reviews required by the laws and regulations listed below:
(1) Section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. 470(f)) requires identification of National Register properties, eligible properties, or properties which may be eligible for the National Register within the area of the potential impact of a NASA proposed action. Evaluation of the impact of the NASA action on such properties shall be discussed in draft environmental impact statements and transmitted to the Advisory Council on Historic Preservation for comments.
(2) Section 7 of the Endangered Species Act (16 U.S.C. 1531 et seq.) requires indentification of and consultation on aspects of the NASA action that may affect listed species or their habitat. A written request for consultation, along with the draft statement, shall be conveyed to the Regional Director of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, as appropriate, for the Region where the action will be carried out.
(3) Executive Order 11988 (Floodplains Management) and Executive Order 11990 (Wetlands), as amended, and implemented by 14 CFR subpart 1216.2—Floodplains and Wetlands Management, prescribe procedures to avoid adverse impacts associated with the occupancy and modification of floodplains and wetlands and require identification and evaluation of actions which are proposed for location in or which may affect a floodplain or wetland. A comparative evaluation of such actions shall be discussed in draft environmental impact statements and transmitted to appropriate State Single Point of Contact for comments.
(b) Other environmental review and consultation requirements peculiar to NASA, if any, may be identified in the NASA environmental impact implementation handbook.
[44 FR 44485, July 30, 1979, as amended at 53 FR 9763, Mar. 25, 1988]
§ 1216.321 Environmental effects abroad of major Federal actions.
(a) In accordance with these procedures and E.O. 12114, “Environmental Effects Abroad of Major Federal Actions” (44 FR 1957), dated January 4, 1979, the Headquarters official shall analyze actions under his/her cognizance with due regard for the environmental effects abroad of such actions. The Headquarters official shall consider whether such actions involve:
(1) Potential environmental effects on the global commons (i.e., oceans and the upper atmosphere);
(2) Potential environmental effects on a foreign nation not participating with or not otherwise involved in the NASA activity;
(3) The export of products or facilities producing products (or emission/effluents) which in the United States are prohibited or strictly regulated because their effects on the environment create a serious public health risk. The Associate Administrator for Management will provide additional guidance regarding the types of chemical, physical, and biological agents involved.
(4) A physical project which, in the U.S., would be prohibited or strictly regulated by Federal law to protect the environment against radioactive substances;
(5) Potential environmental effects on natural and ecological resources of global importance and which the President in the future may designate (or which the Secretary of State designates pursuant to international treaty). A list of any such designations will be available from the Associate Administrator for Management.
(b) Prior to decisions (§1216.304) on any action falling into the categories specified in paragraph (a), the Headquarters official shall make a determination whether such action may have a significant environmental effect abroad.
(c) If the Headquarters official determines that the action will not have a significant environmental effect abroad, he/she shall prepare a memorandum for the record which states the reasoning behind such a determination. A copy of the memorandum shall be forwarded to the Associate Administrator for Management. Note that these procedures do not allow for categorical exclusions (E.O. 12114, section 2–5(d)).
(d) If the Headquarters official determines that an action may have a significant environmental effect abroad, he/she shall consult with the Associate Administrator for Management and the Director, International Relations Division. The Associate Administrator for Management, in coordination with the Director, International Relations Division, shall (as specified in E.O. 12114) make a determination whether the subject action requires:
(1) An environmental impact statement,
(2) Bilateral or multilateral environmental studies, or
(3) Concise reviews of environmental issues.
(e) When informed of the determination of the Associate Administrator for Management, the Headquarters official shall proceed to take the necessary actions in accordance with these implementing procedures.
(f) The Associate Administrator for Management shall, in coordination with the Associate Administrator for External Relations, determine when an affected nation shall be informed regarding the availability of documents referred to in paragraph (d) of this section and coordinate with the Department of State all NASA communications with foreign governments concerning environmental matters as related to E.O. 12114.
[44 FR 44485, July 30, 1979, as amended at 53 FR 9763, Mar. 25, 1988]
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