National Environmental Policy Act Procedures and Categorical Exclusions, 19089-19094 [2023-06575]

Agencies

• DEPARTMENT OF COMMERCE
• National Telecommunications and Information Administration

[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Notices]
[Pages 19089-19094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06575]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

[Docket Number: 230306-0064]
RIN 0660-XC056


National Environmental Policy Act Procedures and Categorical 
Exclusions

AGENCY: National Telecommunications and Information Administration, 
Department of Commerce.

ACTION: Notice of availability; request for comments.

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SUMMARY: The National Telecommunications and Information Administration 
(``NTIA'') proposes to follow First Responder Network Authority's 
(``FirstNet Authority'') National Environmental Policy Act (``NEPA'') 
procedures on an interim basis with modifications to account for NTIA's 
internal organization and establish 33 categorical exclusions (``CEs'') 
in compliance with NEPA, the Council on Environmental Quality (``CEQ'') 
regulations, and other related authorities. NTIA's proposed CEs cover 
administrative, real property and facility, and operational actions 
that individually or cumulatively do not have a significant effect on 
the human environment. This process is intended to further NTIA's 
compliance with the Infrastructure Investment and Jobs Act (``IIJA'') 
and increase NTIA's efficiency in environmental analysis and decision 
making while fully meeting NEPA's requirements.

DATES: Submit comments on or before May 1, 2023.

ADDRESSES: You may submit comments, identified by [docket number and/or 
RIN number], by any of the following methods:
    Federal Rulemaking Website: Go to https://www.regulations.gov and 
search for Docket ID NTIA-2023-0004.
    Email comments to: ntia.gov">[email protected]ntia.gov.
    Mail comments to: National Telecommunications and Information 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Room 4878, Attn: Amanda Pereira, Environmental Program Officer, 
Washington, DC 20230. Comments submitted by mail may be in hard copy 
(paper) or electronic (e.g., CD-ROM, disk, or thumb drive).

FOR FURTHER INFORMATION CONTACT: Amanda Pereira, Environmental Program 
Officer, at the address listed in the ADDRESSES section of this notice 
by electronic or regular mail as listed above, or by telephone 202-834-
4016.

SUPPLEMENTARY INFORMATION:

I. Background

    NTIA is the Executive Branch agency that is principally responsible 
for advising the President on telecommunications and information policy 
issues. NTIA's programs and policymaking focus largely on expanding 
broadband internet access and adoption in the United States, expanding 
the use of spectrum by all users, and ensuring that the internet 
remains an engine for continued innovation and economic growth. NTIA is 
engaged in a range of efforts to increase internet access and adoption.

NTIA's Role in Implementing the Broadband Provisions of the 2021 
Infrastructure Investment and Jobs Act

    On November 15, 2021, President Biden signed the Infrastructure 
Investment and Jobs Act (``IIJA'') into law.\1\ Passage of the IIJA is 
a significant step forward in achieving the Biden-Harris 
Administration's goal of providing broadband access to the entire 
United States. The IIJA sets forth a $65 billion investment into 
broadband; $48.2 billion of that investment will be administered by 
NTIA. This investment will leverage NTIA's experience in promoting 
broadband infrastructure development and digital inclusion efforts.
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    \1\ Infrastructure Investment and Jobs Act, Public Law 117-58 
(2021).
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    The IIJA directs NTIA to establish five new broadband programs and 
provides additional funding for the previously established Tribal 
Broadband Connectivity Program (``TBCP''). The largest of these 
programs is the Broadband Equity, Access, and Deployment (``BEAD'') 
Program, which Congress mandated NTIA establish in no more than 180 
days after the IIJA was enacted.\2\ The BEAD Program will provide 
$42.45 billion, to be distributed among states, territories, DC, and 
Puerto Rico, for projects that support broadband infrastructure 
deployment and adoption. The IIJA requires that NTIA obligate all funds 
appropriated for the BEAD program in an expedient manner.\3\ One 
billion dollars will also be appropriated to NTIA for the creation of 
the Enabling Middle Mile Broadband Infrastructure Program. The purpose 
of this grant program is to expand and extend middle mile 
infrastructure to reduce the cost of connecting unserved and 
underserved areas to the internet backbone. An additional $2.75 billion 
will be distributed through the Digital Equity Act Programs to promote 
digital inclusion and equity to ensure that all individuals and 
communities have the opportunity to acquire the same skills, 
technology, and capacity needed to engage in the Nation's digital 
economy. These programs include the State Digital Equity Planning Grant 
Program, a $60 million formula grant program for states and territories 
to develop digital equity plans; the State Digital Equity Capacity 
Grant Program, a $1.44 billion formula grant program for states and 
territories to implement digital equity projects and support the 
implementation of digital equity plans; and the Digital Equity 
Competitive Grant Program, a $1.25 billion discretionary grant program 
for specific types of political subdivisions to implement digital 
equity projects.
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    \2\ Id. at 60102(b).
    \3\ Id. at 60102(b)(3).
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    Additionally, the IIJA provides $2 billion to NTIA's existing TBCP. 
The TBCP directs funding to Tribal governments to be used for broadband

[[Page 19090]]

deployment on Tribal lands, as well as for telehealth, distance 
learning, broadband affordability, and digital inclusion.
    To facilitate NTIA's compliance with the IIJA and because of the 
critical need to expand and secure broadband access across the United 
States, NTIA must find opportunities to accelerate provision of its 
appropriated funding while ensuring it complies with all relevant 
authorities, including NEPA.

National Environmental Policy Act

    NEPA requires Federal agencies to undertake an assessment of and 
consider in their decision making the environmental effects of their 
proposed actions and involve the public prior to making a final 
decision and implementing the action. NEPA applies to any Federal 
project, decision, or action, including grants, that may significantly 
affect the quality of the human environment.\4\ NEPA also established 
the Council on Environmental Quality (``CEQ''), which issued 
regulations implementing the procedural provisions of NEPA (40 CFR 
parts 1500-1508). The CEQ regulations require Federal agencies to 
adopt, as necessary, their own implementing procedures to supplement 
CEQ's regulations, and to establish and use Categorical Exclusions 
(``CEs'') to define categories of actions that normally do not 
individually or cumulatively have a significant effect on the human 
environment.\5\ These particular actions, therefore, normally do not 
require further NEPA review in the form of either an environmental 
assessment (``EA'') or an environmental impact statement (``EIS'').
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    \4\ See 42 U.S.C. 4332(2)(C).
    \5\ 40 CFR 1508.1(d), 1507.3; CEQ, Final Guidance for Federal 
Departments and Agencies on Establishing, Applying, and Revising 
Categorical Exclusions Under the National Environmental Policy Act, 
75 FR 75628 (Dec. 6, 2010).
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    A CE does not exempt an action from NEPA review; rather, it is one 
form of environmental review under NEPA. An agency may apply a CE to a 
proposed action after the agency has carefully reviewed and determined 
that the action fits within the category of actions encompassed by the 
CE. In making this determination, the decision maker must also consider 
whether extraordinary circumstances apply, which can indicate that a 
normally excluded action might have a significant environmental effect. 
Thus, a CE does not eliminate environmental review of a proposed action 
but reduces paperwork and delay and allows an agency to efficiently 
focus its resources on proposed actions with the potential for 
significant environmental effects.
    Presently, CEQ is undertaking a multiphase rulemaking process to 
review and revise the NEPA implementing regulations.\6\ CEQ has 
provided agencies additional time to propose updates to their NEPA 
procedures to be consistent with the CEQ regulations.\7\ Therefore, 
NTIA is proposing to establish new CEs and otherwise follow the 
existing implementing procedures of the FirstNet Authority, an 
independent authority within NTIA, in the interim while CEQ completes 
its rulemaking processes. Following the FirstNet Authority's procedures 
will facilitate the IIJA's large-scale investment in NTIA programs and 
the need for NTIA to fulfill the mandates of the IIJA in a timely 
manner, by ensuring NTIA make the most efficient use of time and 
available funding and resources to fulfill its environmental analysis 
and decision-making responsibilities.
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    \6\ 86 FR 55759 (Oct. 7, 2021).
    \7\ 86 FR 34154 (June 29, 2021).
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    Following CEQ's revisions to the NEPA regulations, NTIA intends to 
propose comprehensive NEPA procedures. In the interim, in this notice, 
NTIA proposes two additions to the FirstNet Authority procedures. 
First, it explains how NTIA would interpret provisions specific to the 
FirstNet Authority in the NTIA context. Second, NTIA proposes to 
establish CEs specific to NTIA's action; NTIA would not apply the 
FirstNet Authority CEs.

NTIA's Relationship to the FirstNet Authority

    The FirstNet Authority is an independent authority within NTIA.\8\ 
The FirstNet Authority's statutory mission is to take all actions 
necessary to ensure the establishment and operation of a nationwide 
public safety broadband network. On April 29, 2014, the FirstNet 
Authority finalized its NEPA implementing procedures.\9\ These 
procedures provide the framework for the FirstNet Authority's 
establishment of a NEPA compliance program and application of the 
appropriate level of NEPA review for major Federal actions related to 
the deployment of a nationwide public safety broadband network. More 
specifically, FirstNet Authority's NEPA implementing procedures 
supplement CEQ regulations and provide guidance to FirstNet Authority 
employees and potential applicants regarding procedural requirements 
for the application of NEPA. In 2018, the FirstNet Authority modified 
its NEPA implementing procedures, CEs, and related extraordinary 
circumstances to ensure that they aligned with the FirstNet Authority's 
statutory mission, activities, and experience, and better assisted the 
FirstNet Authority in complying with NEPA and the Federal 
Communications Commission's regulations. The FirstNet Authority 
published its final, revised procedures on February 1, 2018.\10\ 
FirstNet Authority's NEPA implementing procedures are available at: 
https://firstnet.gov/newsroom/resources/federal-register-notices/notice-revised-national-environmental-policy-act.
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    \8\ 47 U.S.C. 1401.
    \9\ FirstNet, National Environmental Policy Act Implementing 
Procedures and Categorical Exclusions, 79 FR 23945 (Apr. 29, 2014).
    \10\ FirstNet, First Responder Network Authority; Revised 
National Environmental Policy Act Procedures and Categorical 
Exclusions, 83 FR 4632 (February 1, 2018).
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Relevance of FirstNet Authority Implementing Procedures to NTIA Actions

    As a newly created entity, the FirstNet Authority did not have any 
existing CEs, yet it was responsible for, at a minimum, ensuring 
nationwide standards for the use of and access to the network; issuing 
open, transparent, and competitive requests for proposals (``RFPs'') to 
build, operate, and maintain the network; encouraging these RFPs to 
leverage, to the maximum extent economically desirable, existing 
commercial wireless infrastructure to speed deployment of the network; 
and overseeing contracts with non-Federal entities to build, operate, 
and maintain the network.
    The FirstNet Authority, similar to NTIA's grant programs, is 
mandated to plan and construct telecommunication and broadband 
infrastructure across the United States and its territories. The 
specific activities anticipated to be funded by NTIA are comparable to 
the FirstNet Authority project implementation activities. The origins 
of FirstNet's CEs and implementing procedures are based upon NTIA's 
prior broadband projects. Therefore, by utilizing this experience and 
existing CEs and implementing procedures NTIA is building what has come 
before at both NTIA and FirstNet.
    Much of NTIA's environmental activities over the last three decades 
have been through the administration of broadband grants through the 
Public Safety Interoperable Communications (``PSIC''), Broadband 
Technology Opportunities Program (``BTOP''), and current grant 
programs. Due to the similarity in project activities and

[[Page 19091]]

scope, the FirstNet Authority established its CEs based primarily on 
the then existing CEs that were approved and applied by NTIA in the 
implementation of the BTOP. Each BTOP CE was reviewed and deliberated 
in concept, coverage, applicability, and wording and supported by an 
administrative record for each of the CEs to ensure they fulfilled the 
goal of balancing increased administrative efficiency in NEPA 
compliance with avoidance of misinterpretations and misapplications of 
exclusionary language that could lead to non-compliance with NEPA 
requirements. The FirstNet Authority determined, and CEQ concurred, 
that all of the BTOP CEs met both objectives. The BTOP CEs were 
comparable to the FirstNet Authority's actions because they (1) related 
to planning, deployment, and construction of broadband infrastructure; 
(2) utilized the same methods and equipment of installing broadband 
infrastructure; (3) were not restricted to an environmental setting or 
geographic region of the country; and (4) were subject to review for 
extraordinary circumstances.
    Most importantly, the specific activities anticipated to be funded 
by NTIA are comparable to the FirstNet Authority project implementation 
activities as they will primarily include the installation of fiber 
optic cables, cell towers, antenna collocations, buildings, and power 
units. The FirstNet Authority is also required to leverage, to the 
maximum extent economically desirable, existing commercial 
infrastructure in its deployment and operation of its network. The 
geographic scope of the FirstNet network, like NTIA's grant programs, 
encompasses all U.S. states and territories. Thus, the actions funded 
by NTIA's grant programs will likely occur in a wide range of 
environmental settings, like FirstNet Authority actions, and will be 
consistent with the environmental review process for analyzing proposed 
actions and making NEPA determinations based on the specific location 
and type of proposed project activities, of which the CEs would be an 
integral part. Accordingly, because the characteristics of the actions 
in deploying and operating a nationwide network are comparable in 
intensity, scope, and geography to NTIA's programs, and based on the 
outcomes of the FirstNet Authority applying these procedures to its 
network, NTIA has determined that the FirstNet Authority's NEPA 
implementing procedures including their CEs are relevant to NTIA 
actions and have been helpful to NTIA as it develops its own 
implementing procedures and CEs.

Use of FirstNet Authority's Implementing Procedures

    As discussed elsewhere, the missions, geographic scopes, 
environmental settings, characteristics and technologies of proposed 
projects, and, more importantly, outcomes for the application of the 
FirstNet Authority implementing procedures are expected to be similar 
when used for the NTIA's expected programmatic activities and grant 
programs. Ultimately, the proposed adoption of these procedures is 
designed to assist decision makers within the bureau that fund, assist, 
plan, and construct telecommunication and broadband infrastructure 
across the United States and its territories.
    The FirstNet Authority procedures incorporate CEQ's NEPA 
implementing regulations at 40 CFR part 1500-1508 as well as guidance 
on various environmental resource areas issued by CEQ. With the 
exception of its Roles and Responsibilities section, which will be 
covered through internal NTIA-specific guidance, NTIA expects to 
implement the existing procedures consistent with how they are written 
and currently executed by the FirstNet Authority. Since the FirstNet 
Authority drafted these procedures for consistency with and to minimize 
repetition of CEQ regulations, the procedures would endure changes to 
the CEQ regulations and function alongside any internal NTIA-specific 
guidance. For instance, terminology used throughout the procedures are 
consistent with that found in CEQ regulations (40 CFR 1508.1), general 
discussion of environmental review and document development processes 
are consistent with 40 CFR 1501-1502 and guidance,\11\ public 
involvement procedures are consistent with 40 CFR 1503 and guidance, 
and the list of authorities is consistent with those followed by NTIA. 
Lastly, since part of this process was to develop NTIA-specific 
categorical exclusions to be used for its programs, NTIA does not 
expect to use or adopt the categorical exclusions developed by the 
FirstNet Authority and presented in the procedures. NTIA feels that 
those being proposed herein are specific enough and would be more than 
adequate to execute NTIA's mission and NEPA activities. While 
FirstNet's CEs are relevant and were helpful in this development, NTIA 
determined to implement its own specific CEs to more specifically 
address its own needs and programs.
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    \11\ Forty Most Asked Questions Concerning CEQ's National 
Environmental Policy Act Regulations (CEQ, 1986); Guidance Regarding 
NEPA Regulations (CEQ, 1983); and Establishing, Applying, and 
Revising Categorical Exclusions under NEPA (CEQ, 2010).
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Development of Categorical Exclusions

    NTIA has developed these proposed CEs consistent with the CEQ 
Regulations at 40 CFR 1501.4 and 1507.3, as well as CEQ's 2010 guidance 
memorandum on establishing, applying, and revising CEs. In accordance 
with CEQ's 2010 memorandum, NTIA reviewed and analyzed past actions, 
including their supporting NEPA documentation, to develop initial 
proposals of potential CEs. NTIA also identified CEs of numerous other 
Federal agencies that are sufficiently descriptive to demonstrate to 
NTIA that the activities that fall within these CEs are similar in 
nature, scope, and impact on the human environment to those performed 
by NTIA. Thus, NTIA proposes to substantiate its CEs by relying on 
previously implemented actions and benchmarking other agencies' CEs, 
both of which are methods recommended by CEQ to substantiate new or 
revised CEs.\12\ Benchmarking means that NTIA is substantiating its 
proposed CE based on other agencies' experience with a comparable CE 
and the administrative record developed by other agencies when they 
established those comparable CEs. To ensure the CEs that NTIA proposes 
to benchmark properly support NTIA's proposed CEs, NTIA analyzed the 
actions encompassed by the other agencies' CEs by considering the 
characteristics of the actions, methods of implementing the actions, 
frequency of the actions, applicable standard operating procedures or 
implementing guidance, and timing and context. NTIA used this 
information to determine that the actions analyzed by these agencies 
are sufficiently similar to those covered by the proposed CE to support 
NTIA's conclusion that the actions covered by NTIA's proposed CEs will 
not result in individually or cumulatively significant impacts on the 
human environment under normal circumstances. NTIA also relied on its 
own experience with previously implemented actions (e.g., EAs that 
resulted in findings of no significant impact) to determine that the 
analyses of those actions and the resulting absence of environmental 
effects of those actions support the proposed CE. NTIA is establishing 
these CEs as a means to reduce delay and fulfill its mandates under the 
IIJA, consistent

[[Page 19092]]

with NEPA, the CEQ Regulations, and other related authorities.
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    \12\ 75 FR 75628.
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    When applying CEs, NTIA will do so consistently with CEQ's 2010 
memorandum. When determining whether to use a CE for a proposed action, 
NTIA will carefully review the description of the proposed action to 
ensure that it fits within the category of actions described in the CE. 
Next, NTIA will consider the specific circumstances associated with the 
proposed action, to rule out any extraordinary circumstances that might 
give rise to significant environmental effects requiring further 
analysis and documentation in an EA or an EIS. The consideration of 
extraordinary circumstances may include professional judgement for 
administrative or non-technical proposals or those that do not include 
ground disturbance to environmental due diligence reports and 
consultations or other environmental documentation for proposals that 
are more involved or include ground disturbance. In other words, when 
evaluating whether to apply a CE to a proposed action, NTIA will 
consider the specific circumstances associated with the proposed action 
and will not end its review based solely on the determination that the 
proposed action fits within the description of the CE; rather, NTIA 
will also consider whether there are extraordinary circumstances that 
would warrant further NEPA review. Generally, NTIA would use a 
Memorandum for Record to document project-level CE decisions and a 
Memorandum to File to document programmatic CE decisions; furthermore, 
NTIA would use discretion when determining whether to document those 
CEs with the lowest potential for environmental impact and 
extraordinary circumstances, such as Proposed Categorical Exclusion A-
1.
    NTIA's proposed CEs are organized into three series, based on the 
types of activities encompassed by each group. Series A encompasses 
proposed CEs that pertain to administrative actions. Series B 
encompasses proposed CEs related to real property or facility actions. 
Series C sets forth proposed CEs that pertain to operational actions. 
NTIA has developed an administrative record supporting the 
establishment of these CEs, which provides a description of and 
analysis for each proposed CE. NTIA invites comments on the CEs and 
analysis contained in the administrative record, which is available at: 
Publications [bond] National Telecommunications and Information 
Administration (ntia.gov).

II. Regulatory Notices

Paperwork Reduction Act

    This notice does not contain collection-of-information requirements 
subject to the Paperwork Reduction Act (``PRA'') of 1995 (44 U.S.C. 
3501). Notwithstanding any other provisions of law, no person is 
required to, nor shall a person be subject to penalty for failure to 
comply with, a collection of information subject to the requirements of 
PRA unless that collection of information displays a currently valid 
Office of Management and Budget (``OMB'') control number.

Environmental Impact

    Implementing FirstNet Authority's existing NEPA implementing 
procedures and these CEs are intended to supplement CEQ regulations. 
CEQ does not direct agencies to prepare a NEPA analysis or document 
before establishing agency procedures that supplement the CEQ 
regulations for implementing NEPA. Agency NEPA procedures are 
procedural guidance to assist agencies in the fulfillment of their 
responsibilities under NEPA. The requirements for establishing NEPA 
procedures are set forth at 40 CFR 1507.3.

III. Proposed Categorical Exclusions and Extraordinary Circumstances

Categorical Exclusions

Administrative Actions
    A-1 Personnel, fiscal, management, and administrative activities, 
including recruiting, processing, paying, recordkeeping, budgeting, 
personnel actions, contract administration, and travel.
    A-2 Preparation, modification, and issuance of policy directives, 
rules, regulations, procedures, guidelines, guidance documents, 
bulletins, and informational publications that are of an 
administrative, financial, legal, technical, or procedural nature, for 
which the environmental effects are too broad, speculative, or 
conjectural to lend themselves to meaningful analysis and will be, in 
whole or part, subject later to the NEPA process, either collectively 
or on a case-by-case basis.
    A-3 Studies and engineering undertaken to define proposed actions 
or alternatives sufficiently so that environmental effects can be 
assessed.
    A-4 Planning, educational, informational, or advisory activities 
provided to other agencies, public and private entities, visitors, 
individuals, or the public, including training exercises and 
simulations conducted under appropriately controlled conditions and in 
accordance with all applicable laws, regulations, and requirements.
    A-5 Software development, data analysis, or testing that does not 
involve ground disturbing activities.
    A-6 Preparation and dissemination of scientific results, studies, 
surveys, audits, reports, plans, papers, recommendations, and technical 
advice.
    A-7 Technical assistance to other Federal, Tribal, State, and local 
agencies or the public.
    A-8 Routine procurement, use, storage, transportation, and disposal 
of non-hazardous goods and services in support of administrative, 
operational, or maintenance activities in accordance with Executive 
Orders and Federal procurement guidelines. Examples include office 
supplies and furniture; equipment; mobile assets (i.e., vehicles, 
vessels, aircraft); utility services; and deployable emergency response 
supplies and equipment.
    A-9 Purchase of deployable mobile and portable telecommunications 
equipment (e.g., radios, Cell on Wheels, Cell on Light Truck, System on 
Wheels) that will be housed in existing facilities when not deployed.
    A-10 Routine use of hazardous materials (including procurement, 
transportation, distribution, and storage of such materials) and reuse, 
recycling, and disposal of solid, medical, radiological, or hazardous 
waste in a manner that is consistent with all applicable laws, 
regulations, and requirements. Examples include use of chemicals for 
laboratory applications; refueling of storage tanks; temporary storage 
and disposal of solid waste; disposal of waste through manufacturer 
return and recycling programs; and hazardous waste minimization 
activities, including source reduction activities and recycling.
    A-11 Reductions, realignments, or relocation of personnel, 
equipment, or mobile assets that do not result in changing the use of 
NTIA facilities or space in such a way that could cause a change to 
existing environmental effects or exceed the infrastructure capacity 
outside of NTIA-managed property. An example of exceeding the 
infrastructure capacity would be an increase in vehicular traffic 
beyond the capacity of the supporting road network to accommodate such 
an increase.
    A-12 Federal assistance, grants, and external funding for 
activities that do not concern environmental matters or where the 
environmental effects are negligible. Examples of relevant activities 
could include, but are not limited to, planning, studies, or programs 
such as the Digital TV transition, which provided rebates to

[[Page 19093]]

consumers to subsidize the purchase of digital antennas, that have no 
potential to impact the environment. If an analysis determined that 
such activities had the potential to impact the environment, the CE 
could not be applied.
    A-13 Contracts, collaborative research agreements, cooperative 
research and development agreements, interagency agreements, and other 
agreements that do not concern environmental matters or where the 
environmental effects are negligible.
Real Property/Facility Actions
    B-1 Maintenance of facilities, equipment, and grounds. Examples 
include interior utility work, road maintenance, window washing, lawn 
mowing, landscaping, weed management/maintenance, trash collecting, 
facility cleaning, and snow removal.
    B-2 Internal modifications, renovations, or additions (e.g., 
computer facilities, relocating interior walls) to structures or 
buildings that do not result in a change in the functional use of the 
property.
    B-3 Exterior renovation, addition, repair, alteration, and 
demolition projects affecting buildings, roads, grounds, equipment, and 
other facilities, including subsequent disposal of debris, which may be 
contaminated with hazardous materials, lead, or asbestos. Hazardous 
materials must be disposed of at approved sites in accordance with all 
applicable laws, regulations, and requirements. Examples include the 
following:
    (i) Painting, roofing, siding, or alterations to an existing 
building;
    (ii) Adding a small storage shed to an existing building;
    (iii) Retrofitting for energy conservation, including 
weatherization, installation of timers on hot water heaters, 
installation of energy efficient lighting, and installation of low-flow 
plumbing fixtures; or
    (iv) Closing and demolishing a building not eligible for listing 
under the National Register for Historic Places.
    B-4 Abatement of hazardous materials from existing facilities, 
including asbestos and lead based paint, conducted in compliance with 
all applicable laws, regulations, and requirements established for the 
protection of human health and the environment. Examples include 
containment, removal, and disposal of lead-based paint or asbestos 
tiles and asbestos-containing materials from existing facilities, 
remediation of hazardous materials in accordance with all applicable 
laws, regulations, and requirements as part of facility and space 
management activities.
    B-5 Acquisition, installation, operation, and removal of 
communications systems (including fiber optic cable), data processing 
equipment, and similar electronic equipment in or from existing 
facilities. Examples include purchasing, installing, decommissioning, 
and removing routers, repeaters, switches, cable, computers equipment, 
office equipment, and other related equipment in existing facilities.
    B-6 Proposed new activities and operations conducted in an existing 
structure that would be consistent with previously established safety 
levels and would not result in a change in use of the facility. 
Examples include new types of research, development, testing, and 
evaluation activities, and laboratory operations conducted within 
existing enclosed facilities designed to support research and 
development activities.
    B-7 Acquisition or use of space within existing facilities or 
portion thereof by purchase, lease, or use agreement where use or 
operation will remain unchanged. Examples include acquiring office 
space through lease, purchase, or use agreement, and acquisition of 
laboratory space through lease, purchase, or use agreement.
    B-8 Transfer of administrative control over real property, 
including related personal property, between another Federal agency and 
NTIA that does not result in a change in the functional use of the 
property. Examples include transfer of facilities for use by NTIA, 
transfers of computer equipment, office equipment, and personal 
property, including laptops and cell phones.
    B-9 Decisions and actions to close facilities, decommission 
equipment, or temporarily discontinue use of facilities or equipment, 
where the facility or equipment, including office equipment, 
telecommunications equipment, and computer equipment, is not used to 
prevent or control environmental impacts.
    B-10 The determination and disposal of real property, such as 
excess office space, or personal property, including laptops and cell 
phones, that is excess to the needs of NTIA, when the real property or 
personal property is excessed in conformity with applicable General 
Services Administration procedures or is statutorily authorized to be 
excessed.
Operational Actions
    C-1 Research activities conducted in laboratories and facilities 
where research practices and safeguards prevent environmental impacts. 
Examples include types of research, development, testing, and 
evaluation activities, and laboratory operations conducted within 
existing enclosed facilities designed to support research and 
development activities.
    C-2 Outdoor research activities conducted in compliance with all 
applicable laws, regulations, and requirements. Examples include types 
of research, development, testing, and evaluation activities conducted 
outdoors where no new ground disturbance occurs and no sensitive 
resources (e.g., threatened or endangered species, archaeological 
sites, Tribal resources, wetlands, and waterbodies) are present, such 
as radar testing, radio noise measurements, and public safety 
communications research.
    C-3 Periodic flight activities for training and research and 
development, that are routine and comply with all applicable laws, 
Federal Aviation Administration regulations, and other requirements.
    C-4 New construction or improvement of operations or support 
facilities, switching stations, maintenance facilities, and other non-
tower structures on previously disturbed ground, with no more than 1 
acre (0.4 hectare) of ground disturbance, where the proposed facility 
use is generally compatible with the surrounding land use and 
applicable zoning standards, and will not require additional support 
infrastructure.
    C-5 Installing, operating, maintaining, retrofitting, upgrading, 
repairing, removing, and/or replacement of existing microwave or radio 
communication towers, instruments, structures, or buildings that do not 
require ground disturbance outside of the original footprint, including 
installing or collocating equipment such as antennas, microwave dishes, 
or power units. For communication towers at or below 199 feet, 
renovations and equipment additions must not cause the total height of 
the tower to exceed 199 feet. Existing structures must not be eligible 
for listing under the National Register of Historic Places.
    C-6 New construction or improvement of temporary buildings or 
experimental equipment (e.g., trailers, prefabricated buildings, and 
test slabs) on previously disturbed ground, with no more than 1 acre 
(0.4 hectare) of ground disturbance, where the proposed facility use is 
generally compatible with the surrounding land use and applicable 
zoning standards and will not require additional support 
infrastructure.
    C-7 New construction of self-supporting (e.g., monopole or lattice)

[[Page 19094]]

wireless communication towers at or below 199 feet with no guy wires 
that require less than 1 acre (0.4 hectare) of ground disturbance, and 
where another Federal agency would not require an EA or EIS for its 
acquisition, installation, operations, or maintenance.
    C-8 Changes to existing transmission lines or aerial fiber optic 
cable that involve less than 20 percent pole replacement, only where 
either the same or substantially equivalent support structures at the 
approximate existing support structure locations are used. Changes to 
existing transmission lines that require 20 percent or greater pole 
replacement will be considered the same as new construction.
    C-9 Acquisition, installation, reconstruction, repair by 
replacement, and operation of utility (e.g., water, sewer, electrical), 
communication (e.g., fiber optic cable, data processing cable and 
similar electronic equipment), and security systems that use existing 
rights-of-way, easements, grants of license, distribution systems, 
facilities, or similar arrangements.

Extraordinary Circumstances

    Extraordinary Circumstances that may preclude the use of a CE 
include:
    1. Reasonable likelihood that the proposed action occurs within an 
environmentally sensitive or unique \13\ geographic area of notable 
recreational, ecological, scientific, cultural, scenic, or aesthetic 
importance.
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    \13\ ``Environmentally sensitive or unique'' resources and areas 
may include, but are not limited to: all federal lands; areas having 
special designation or recognition such as prime or unique or 
agricultural lands; designated wilderness or wilderness study areas; 
wild and scenic rivers; 100-year or 500-year floodplains; coastal 
zones; wetlands; sole source aquifers (potential sources of drinking 
water); National Wildlife Refuges; National Parks; areas containing 
proposed or federally listed threatened or endangered species, or 
their designated critical habitat (including species and habitat 
listed under the Endangered Species Act of 1973 (16 U.S.C. part 1531 
et seq.); Migratory Bird Treaty Act of 1918 (16 U.S.C. part 703 et 
seq.) and Bald and Golden Eagle Act of 1940, (16 U.S.C. part 668 et 
seq.)); areas of critical environmental concern; or other areas of 
high environmental sensitivity.
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    2. Reasonable likelihood that the proposed action impacts species 
listed or proposed to be listed as Endangered or Threatened Species or 
have adverse effects on designated Critical Habitat for these species.
    3. Reasonable likelihood that the proposed action impacts migratory 
birds or their habitats.
    4. Reasonable likelihood that the proposed action adversely affects 
historic, archeological, or cultural sites, including Native American 
Traditional Cultural Properties, properties listed or eligible for 
listing on the National Register of Historic Places, or land identified 
by archeologists as having high potential to contain archeological 
resources.
    5. Reasonable likelihood that the proposed action restricts access 
to and ceremonial use of Indian sacred sites by Indian practitioners or 
adversely affect the physical integrity of such religious sacred sites.
    6. Reasonable likelihood that the proposed action adversely impacts 
waterbodies, wetlands, floodplains, water quality, sole source 
aquifers, public water supply systems, or state, local, or tribal water 
quality standards established under the Clean Water Act or the Safe 
Drinking Water Act.
    7. Reasonable likelihood that the proposed action has a 
disproportionately high and adverse effect on low-income populations or 
minority populations.
    8. Reasonable likelihood that the proposed action involves 
construction on or near an active, inactive, or abandoned contaminated 
or hazardous waste site, or involve generation, transportation, 
treatment, storage, or disposal of substances hazardous to human health 
or the environment.
    9. Reasonable likelihood that the proposed action involves the 
generation of ionizing or non-ionizing radiation or use of any 
radiation in excess of the Federal Communications Commission's 
established Maximum Permissible Exposure limits for human exposure to 
Radiofrequency Electromagnetic Energy fields.
    10. Reasonable likelihood that the proposed action is controversial 
because of the introduction or employment of unproven technology, 
highly scientifically uncertain or unique environmental effects, 
substantial disagreement over the possible size, nature, or effect on 
the environment, or likelihood of degrading already existing poor 
environmental conditions.
    11. Reasonable likelihood that the proposed action violates a 
Federal, Tribal, state, or local law, regulation, policy, or 
requirement imposed for the protection of the environment.
    12. Reasonable likelihood that the proposed action is of a greater 
size or scope than is normal for an action of its type.
    13. Reasonable likelihood that the proposed action has any other 
impacts on human health or the environment that have not been otherwise 
addressed.

Stephanie Weiner,
Acting Chief Counsel, National Telecommunications and Information 
Administration.
[FR Doc. 2023-06575 Filed 3-29-23; 8:45 am]
BILLING CODE 3510-60-P