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mine the scope of the EIS and proceed of the CEQ Regulations and shall to prepare and release the environ submit the draft statement and any mental statement in accordance with attachments to the Associate Administhe CEQ Regulations and the proce- trator for Management for NASA dures of this subpart.

review prior to any formal review out(d) Environmental assessments may side NASA. This submission shall be be prepared for any actions, even accompanied by a list of Federal, those which meet the criteria for envi. State, and local officials (40 CFR Part ronmental impact statements 1503 of the CEQ Regulations) and a (8 1216.305(c)) or for categorical exclu- list of other interested parties (40 sion (8 1216.305(d)), if the responsible CFR 1506.6 of the CEQ Regulations) Headquarters official believes that the from whom comments should be reaction may be an exception or that an quested. assessment will assist in planning or (b) After the NASA review is comdecisionmaking.

pletedthe Associate Administrator (44 FR 44485, July 30, 1979, as amended at

for Management shall submit the ap53 FR 9761, Mar. 25, 1988)

proved draft statement to the Envi.

ronmental Protection Agency (EPA), 8 1216.307 Scoping.

Office of Federal Activities, and shall The responsible Headquarters offi- seek the views of appropriate agencies cial shall conduct an early and open and individuals in accordance with 40 process for determining the scope of CFR Part 1503 and 8 1506.6 of the issues to be addressed in environmen CEQ Regulations. tal impact statements and for identify. (c) Comments received shall be proing the significant issues related to a vided to the originating official for proposed action. The elements of the consideration in preparing the final scoping process are defined in $ 1501.7 statement. To the extent possible, reof the CEQ Regulations and the proc- quirements for review and consultaess must include considerations of the tion with other agencies on environrange of actions, alternatives, and im- mental matters established by statutes pacts discussed in $ 1508.25 of the other than NEPA, such as the review CEQ Regulations. The range of envi- and consultation requirements of the ronmental categories to be considered Endangered Species Act of 1973, as in the scoping process shall include, amended, should be met prior to or but not be limited to:

through this review process (a) Air quality;

(8 1216.320). (b) Water quality; (c) Waste generation, treatment,

[44 FR 44485, July 30, 1979, as amended at

53 FR 9761, Mar. 25, 1988) transportation disposal and storage;

(d) Noise, sonic boom, and vibration; 81216.309 Public involvement.
(e) Toxic substances;
(f) Biotic resources;

(a) Interested persons can get infor(g) Radioactive materials and non mation on NASA environmental ionizing radiation;

impact statements and other aspects (h) Endangered species;

of NASA's NEPA process by contact(1) Historical, archeological, and rec ing the Assistant Associate Adminisreational factors;

trator for Facilities Engineering, Code (j) Wetlands and floodplains; and NX, NASA Headquarters, Washington,

(k) Economic, population and em: DC 20546, 202-453-1965. Pertinent inployment factors, provided they are formation regarding any aspect of the interrelated with natural or physical NEPA process may also be mailed to environmental factors.

the above address.

(b) Responsible Headquarters offi8 1216.308 Preparation of draft state

cials and NASA Field Installation Di. ments.

rectors shall identify those persons, (a) The responsible Headquarters of community organizations, and envificial shall prepare the draft environ- ronmental interest groups who may be mental impact statement in the interested or affected by the proposed manner provided in 40 CFR Part 1502 NASA action and who should be in

volved in the NEPA process. They NASA field installations; and at approshall submit a list of such persons and priate state and local clearinghouses. organizations to the Associate Admin

(44 FR 44485, July 30, 1979, as amended at istrator for Management at the same

53 FR 9762, Mar. 25, 1988) time they submit:

(1) A recommendation regarding a 8 1216.311 Record of the decision. “Finding of No Significant Impact," (2) A "Notice of Intent to Prepare an

At the time of the decision on the EIS,

proposed action, the originating Head(3) A recommendation for public quarters official shall consult with the hearings,

Associate Administrator for Manage: (4) A preliminary draft EIS,

ment and prepare a concise public (5) A preliminary final EIS,

record of the decision. (See 40 CFR (6) Other preliminary environmental 1505.2 of the CEQ Regulations.) documents (14 CFR 1216.321(d)). (c) The Associate Administrator for

(53 FR 9762, Mar. 25, 1988) Management may modify such lists re- 81216.312 Timing. ferred to in paragraph (b) of this section as appropriate to ensure that

(a) Environmental impact stateNASA shall comply. to the fullest ments are drafted when the Headquarextent practicable, with 40 CFR 1506.6

ters official has determined that the of the CEQ Regulations and section 2

statement shall be prepared. No deci. 4(d) of Executive Order 12114.

sion to proceed to the development/ (d) The decision whether to hold

construction (or implementation) public hearings shall be made by the

phase of the proposed action (the Associate Administrator for Manage major decision point of $ 1216.304(b)) ment in consultation with the General shall be made by NASA until the later Counsel.

of the following dates ($ 1506.10 of the

CEQ Regulations); (53 FR 9762, Mar. 25, 1988, as amended at

(1) Ninety days after publication of 56 FR 50507, Oct. 7, 1991)

an EPA notice of a NASA draft EIS. 8 1216.310 Preparation of final statements. (2) Thirty days after publication of (a) After conclusion of the review

an EPA notice of a NASA final EIS. process with other Federal, State, and

(b) When necessary to comply with local agencies and the public, the re

other specific statutory requirements, sponsible Headquarters official shall

NASA shall consult with and obtain consider all suggestions, revise the

from EPA time periods other than statement as appropriate, and forward

those specified by the Council for

timing of agency action. the proposed final statement to the Associate Administrator for Manage

8 1216.313 Implementing and monitoring ment. The Associate Administrator for

the decision. Management shall submit the approved final statement to the EPA (a) Section 1505.3 of the CEQ ReguOffice of Federal Activities, to all par lations provides for agency monitoring ties who commented, and to other in- to assure that mitigation measures terested parties in accordance with and other commitments associated CEQ Regulations.

with the decision and its implementa(b) Each draft and final statement, tion and described in the EIS are carthe supporting documentation, and ried out and have the intended effects. the record of decision shall be avail (b) The responsible Headquarters ofable for public review and copying at ficial shall, as necessary, conduct the the office of the responsible Head- required monitoring and shall provide quarters official, or at the office of a periodic reports as required by the Assuitable designee. Copies of draft and sociate Administrator for . Managefinal environment impact statements ment. shall also be available at the NASA In- (c) If the monitoring activity indiformation Center, 600 Independence cates that resulting environmental efAvenue, SW., Washington, DC 20546; fects differ from those described in at information centers at appropriate the current documents, the Headquar

ters official shall reassess the environ mental impact and consult with the Associate Administrator for Management to determine the need for additional mitigation measures and wheth er 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)

8 1216.314 Tiering.

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" (8 1508.28 of the CEQ Regu. lations) of environmental impact statements to relate such broad and narrow actions. Whea employing tiering, Headquarters officials shall, by reference, make maximum use of envi. ronmental documentation already available, and avoid repetition. 8 1216.315 Processing legislative environ

mental impact statements. (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 provi. sion, "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)

8 1216.316 Cooperating with other agen

cies and individuals. (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 envi. ronmental 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 responsibil. ity 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 describes the current environment at in accordance with 40 CFR 1501.5 of that field installation, including cur. the CEQ Regulations.

rent information on the effects of (f) Responsibility for the environ NASA operations on the local environmental analyses and any necessary en ment. This document shall include invironmental assessments and environ formation on the same environmental mental impact statements required by effects as included in an environmen. permits, leases, easements, etc., pro- tal impact statement (see 14 CFR posed for issuance to non-Federal ap- 1216.307). This document shall be coplicants rests with the Headquarters ordinated with the Associate Adminisofficial responsible for granting of trator for Management and shall be that permit, lease, easement, etc. The published in an appropriate NASA responsible Headquarters official shall report category for use as a reference consult with the Associate Administra document in preparing other environtor for Management for advice on the mental documents.(e.g., environmental type of environmental information impact statements for proposed acneeded from the applicant and on the tions to be located at the NASA field extent of the applicant's participation installation in question). The Director in the necessary environmental studies of each NASA field installation shall and their documentation.

ensure that existing resource docu(53 FR 9762, Mar. 25, 1988)

ments are reviewed and updated, if

necessary, by December 31, 1980, and § 1216.317 Classified information.

at appropriate intervals thereafter. Environmental assessments and (53 FR 9763, Mar. 25, 1988) impact statements which contain classified information to be withheld from 8 1216.320 Environmental review and conpublic release in the interest of nation sultation reqızirements. al security or foreign policy shall be

(a) Headquarters officials and Field organized so that the classified por

Installation Directors shall, to the tions are appendices to the environ

maximum extent possible, conduct enmental document itself. The classified

vironmental analyses, assessments, portion shall not be made available to

and any impact statement preparation the public.

concurrently with environmental re81216.318 Deviations.

views required by the laws and regula

tions listed below: From time to time there will arise

(1) Section 106 of the National Hisgood and valid reasons for a deviation

toric Preservation Act of 1966 (16 from these procedures. These proce

U.S.C. 470(f)) requires identification dures are not intended to be a substi

of National Register properties, eligitute for sound professional judgment.

ble properties, or properties which Accordingly, if and as problems arise

may be eligible for the National Regiswhich justify a deviation, the pro ter within the area of the potential posed deviation and supporting ration

impact of a NASA proposed action. ale shall be forwarded to the Associate

Evaluation of the impact of the NASA Administrator for Management.

action on such properties shall be disUnless such documentation is received,

cussed in draft environmental impact it will be assumed that each planning

statements and transmitted to the Adand decisionmaking action is in ac

visory Council on Historic Preservacordance with these procedures.

tion for comments. (53 FR 9763, Mar. 25, 1988)

(2) Section 7 of the Endangered Spe

cies Act (16 U.S.C. 1531 et seq.) reOTHER REQUIREMENTS

quires indentification of and consulta

tion on aspects of the NASA action 8 1216.319 Environmental resources docu

that may affect listed species or their ment.

habitat. A written request for consulEach Field Installation Director tation, along with the draft statement, shall ensure that there exists an envi- shall be conveyed to the Regional Dironmental resources document which rector of the U.S. Fish and Wildlife Service or the National Marine Fisher (4) A physical project which, in the ies Service, as appropriate, for the U.S., would be prohibited or strictly Region where the action will be car regulated by Federal law to protect ried out.

the environment against radioactive (3) Executive Order 11988 (Flood- substances: plains Management) and Executive (5) Potential environmental effects Order 11990 (Wetlands), as amended,

on natural and ecological resources of and implemented by 14 CFR Subpart global importance and which the 1216.2—Floodplains and Wetlands

President in the future may designate Management, prescribe procedures to

(or which the Secretary of State desig. avoid adverse impacts associated with

nates pursuant to international the occupancy and modification of

treaty). A list of any such designations floodplains and wetlands and require

will be available from the Associate identification and evaluation of ac

Administrator for Management. tions which are proposed for location

(b) Prior to decisions (8 1216.304) on in or which may affect a floodplain or

any action falling into the categories wetland. A comparative evaluation of

specified in paragraph (a), the Headsuch actions shall be discussed in draft environmental impact statements and

quarters official shall make a determi. transmitted to appropriate State

nation whether such action may have Single Point of Contact for comments.

a significant environmental effect (b) Other environmental review and

abroad. consultation requirements peculiar to

(c) If the Headquarters official deNASA, if any, may be identified in the

termines that the action will not have NASA environmental impact imple

a significant environmental effect mentation handbook.

abroad, he/she shall prepare a memo

randum for the record which states [44 FR 44485, July 30, 1979, as amended at

the reasoning behind such a determi. 53 FR 9763, Mar. 25, 1988)

nation. A copy of the memorandum 8 1216.321 Environmental effects abroad shall be forwarded to the Associate of major Federal actions.

Administrator for Management. Note

that these procedures do not allow for (a) In accordance with these proce

categorical exclusions (E.O. 12114, secdures and E.O. 12114, “Environmental

tion 2-5(d)). Effects Abroad of Major Federal ACtions” (44 FR 1957), dated January 4,

(d) If the Headquarters official de1979, the Headquarters official shall

termines that an action may have a

significant environmental effect analyze actions under his/her cogni. zance with due regard for the environ

abroad, he/she shall consult with the mental effects abroad of such actions.

Associate Administrator for Manage

ment and the Director, International The Headquarters official shall consider whether such actions involve:

Relations Division. The Associate Ad(1) Potential environmental effects

ministrator for Management, in co

ordination with the Director, Internaon the global commons (i.e., oceans

tional Relations Division, shall (as and the upper atmosphere); (2) Potential environmental effects

specified in E.O. 12114) make a deteron a foreign nation not participating

mination whether the subject action with or not otherwise involved in the

requires: NASA activity;

(1) An environmental impact state(3) The export of products or facili- ment, ties producing products (or emission (2) Bilateral or multilateral environeffluents) which in the United States mental studies, or are prohibited or strictly regulated be- (3) Concise reviews of environmental cause their effects on the environment issues. create a serious public health risk. (e) When informed of the determi. The Associate Administrator for Man nation of the Associate Administrator agement will provide additional guid- for Management, the Headquarters of. ance regarding the types of chemical, ficial shall proceed to take the necesphysical, and biological agents in sary actions in accordance with these volved.

implementing procedures.

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