Adoption of Department of Navy Categorical Exclusion Pursuant to Section 109 of the National Environmental Policy Act (NEPA), 2214-2216 [2024-00564]

Download as PDF 2214 Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Notices MANAGEMENT AGENCY (DCMA), DEFENSE CONTRACT MANAGMENT OFFICE Deletions Quarterly Public Meeting The following product(s) and service(s) are proposed for deletion from the Procurement List: Product(s) NSN(s)—Product Name(s): 7530–01–516–7577—Pad, Writing Paper, Glue Bound Top, Legal Rule, White, 81⁄2″ x 131⁄4″ 7530–01–516–7572—Pad, Writing Paper, Glue Bound Top, Legal Rule, Canary, 5″ x 8″ Designated Source of Supply: Blind Industries & Services of Maryland, Baltimore, MD Contracting Activity: GSA/FAS ADMIN SVCS ACQUISITION BR(2, NEW YORK, NY NSN(s)—Product Name(s): 3030–01–375–8087—Belt, Micro-V, Vribbed, 4 Ribs, EPDM Rubber, 35.5″ long 3030–01–466–9476—Belt, V-shaped, Micro, EPDM Rubber, 8 Ribs, 98.07″ Designated Source of Supply: Northeastern Association of the Blind at Albany, Inc., Albany, NY Contracting Activity: DLA LAND AND MARITIME, COLUMBUS, OH NSN(s)—Product Name(s): 8445–01–436–2695—Belt, Trousers, Women’s, Type XII, Black, Size 45 Designated Source of Supply: Travis Association for the Blind, Austin, TX Contracting Activity: DLA TROOP SUPPORT, PHILADELPHIA, PA NSN(s)—Product Name(s): 8140–00–NSH–0014—Tube, Cardboard, Grenade, 155mm Projectile Designated Source of Supply: SVRC Industries, Inc., Saginaw, MI Contracting Activity: W4MM USA JOINT MUNITIONS CMD, ROCK ISLAND, IL khammond on DSKJM1Z7X2PROD with NOTICES Service(s) Service Type: Document Destruction Mandatory for: VA Medical Clinic: 25 North Spruce, NULL, Colorado Springs, CO Designated Source of Supply: Bayaud Enterprises, Inc., Denver, CO Contracting Activity: VETERANS AFFAIRS, DEPARTMENT OF, 259–NETWORK CONTRACT OFFICE 19 Service Type: Document Destruction Mandatory for: Department of Veterans Affairs, Network Contracting Office, NCO 19, Glendale, CO Designated Source of Supply: Bayaud Enterprises, Inc., Denver, CO Contracting Activity: VETERANS AFFAIRS, DEPARTMENT OF, 259–NETWORK CONTRACT OFFICE 19 Michael R. Jurkowski, Acting Director, Business Operations. [FR Doc. 2024–00545 Filed 1–11–24; 8:45 am] BILLING CODE 6353–01–P VerDate Sep<11>2014 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED 00:38 Jan 12, 2024 Jkt 262001 Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Notice of public meeting. AGENCY: January 25, 2024, from 1 p.m. to 4 p.m. ET. ADDRESSES: The meeting will be held virtually only via Zoom webinar. FOR FURTHER INFORMATION CONTACT: Angela Phifer, 355 E Street SW, Suite 325, Washington, DC 20024, (703) 798– 5873, CMTEFedReg@AbilityOne.gov. SUPPLEMENTARY INFORMATION: Background: The Committee for Purchase From People Who Are Blind or Severely Disabled is an independent government agency operating as the U.S. AbilityOne Commission. It oversees the AbilityOne Program, which provides employment opportunities through Federal contracts for people who are blind or have significant disabilities in the manufacture and delivery of products and services to the Federal Government. The Javits-Wagner-O’Day Act (41 U.S.C. chapter 85) authorizes the contracts. Registration: Attendees not requesting speaking time should register not later than 11:59 p.m. ET on January 24, 2024. Attendees requesting speaking time must register not later than 11:59 p.m. ET on January 16, 2024, and use the comment fields in the registration form to specify the intended speaking topic/ s. The registration link will be available by December 15, 2023, on the Commission’s home page, www.abilityone.gov, under News and Events. Commission Statement: This regular quarterly meeting will include updates from the Commission Chairperson, Executive Director, and Inspector General. Public Participation: The public engagement session will address how the AbilityOne Program supports, and can increasingly support, the Federal Government’s hiring of individuals with disabilities. Scheduled speakers will include Federal agency partners as well as former AbilityOne Program employees who now work for the Federal Government. The Commission invites public comments and suggestions on the public engagement topic. During registration, you may choose to submit comments, or you may request speaking time at the meeting. The Commission may invite DATES: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 some attendees who submit advance comments to discuss their comments during the meeting. Comments submitted will be reviewed by staff and the Commission members before the meeting. Comments posted in the chat box during the meeting will be shared with the Commission members after the meeting. The Commission is not subject to the requirements of 5 U.S.C. 552(b); however, the Commission published this notice to encourage the broadest possible participation in its meeting. Personal Information: Speakers should not include any information that they do not want publicly disclosed. Michael R. Jurkowski, Acting Director, Business Operations. [FR Doc. 2024–00563 Filed 1–11–24; 8:45 am] BILLING CODE 6353–01–P DEPARTMENT OF DEFENSE Office of the Secretary Adoption of Department of Navy Categorical Exclusion Pursuant to Section 109 of the National Environmental Policy Act (NEPA) Defense Advanced Research Projects Agency (DARPA), Department of Defense (DoD). ACTION: Notice of adoption of the Department of Navy’s (DoN) categorical exclusion for passive scientific measurement devices pursuant to section 109 of the NEPA. AGENCY: DARPA is adopting the DoN’s categorical exclusion 19 for the installation and operation of passive scientific measurement devices. This notice describes the proposed action for which DARPA intends to use the DoN categorical exclusion and details the consultation between the agencies. DATES: This action is effective January 12, 2024. FOR FURTHER INFORMATION CONTACT: Dr. Catherine Campbell, 703–526–2044 (Voice), Catherine.Campbell@darpa.mil (Email). SUMMARY: SUPPLEMENTARY INFORMATION: I. Background National Environmental Policy Act and Categorical Exclusions NEPA, 42 U.S.C. 4321–4347, requires all Federal agencies to assess the environmental impacts of their actions. Congress enacted NEPA to encourage productive and enjoyable harmony between humans and the environment, recognizing the profound impact of human activity and the critical E:\FR\FM\12JAN1.SGM 12JAN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Notices importance of restoring and maintaining environmental quality to the overall welfare of humankind. NEPA seeks to ensure agencies consider the environmental effects of their proposed actions in their decision-making processes and inform and involve the public in that process. NEPA created the Council on Environmental Quality (CEQ), which promulgated NEPA implementing regulations, 40 Code of Federal Regulations (CFR) parts 1500 through 1508 (CEQ regulations). To comply with NEPA, agencies determine the appropriate level of review—an Environmental Impact Statement (EIS), Environmental Assessment (EA), or categorical exclusion. (42 U.S.C. 4336). If a proposed action is likely to have significant environmental effects, the agency must prepare an EIS and document its decision in a record of decision. Id. If the proposed action is not likely to have significant environmental effects or the effects are unknown, the agency may instead prepare an EA, which involves a more concise analysis and process than an EIS. Id. Following the EA, the agency may conclude the process with a finding of no significant impact if the analysis shows that the action will have no significant effects. If the analysis in the EA finds that the action is likely to have significant effects, however, then an EIS is required. Under NEPA and the CEQ regulations, a Federal agency may establish in its NEPA implementing procedures categorical exclusions, which are categories of actions the agency has determined normally do not significantly affect the quality of the human environment. (40 CFR 1501.4, 1507.3(e)(2)(ii), 1508.1(d)). If an agency determines that a categorical exclusion covers a proposed action, it then evaluates the proposed action for extraordinary circumstances in which a normally excluded action may have a significant effect. (40 CFR 1501.4(b)). If no extraordinary circumstances are present or if further analysis determines that the extraordinary circumstances do not involve the potential for significant environmental impacts, the agency may apply the categorical exclusion to the proposed action without preparing an EA or EIS. (40 CFR 1501.4). If the extraordinary circumstances have the potential to result in significant effects, the agency is required to prepare an EA or EIS. Section 109 of NEPA, enacted as part of the Fiscal Responsibility Act of 2023, allows a Federal agency to adopt a categorical exclusion listed in another agency’s NEPA procedures for a VerDate Sep<11>2014 00:38 Jan 12, 2024 Jkt 262001 category of proposed agency actions for which the categorical exclusion was established 42 U.S.C. 4336(c). To adopt another agency’s categorical exclusion under section 109, an agency must identify the relevant categorical exclusion listed in that agency’s (‘‘establishing agency’’) NEPA procedures that cover its category of proposed actions or related actions; consult with the establishing agency to ensure that the proposed adoption of the categorical exclusion to a category of actions is appropriate; identify to the public the categorical exclusion that the agency plans to use for its proposed actions; and document adoption of the categorical exclusion. Id. This notice documents DARPA’s adoption of DoN’s categorical exclusion under Section 109 of NEPA. II. Identification of the Categorical Exclusion DoN’s categorical exclusion for the use of passive scientific measurement devices is codified in DoN’s NEPA procedures as categorical exclusion 19 in 32 CFR 775.6(f)(19). Proposed Action DARPA proposes to deploy a single reef mimicking structure (RMS, 258.2 ft2) on the seafloor of the Kilo Nalu Observatory (KNO) on the south shore of O1ahu, Hawai1i for a period of no longer than five years. A Particle Image Velocimeter (PIV), coral larval settlement modules (20 to 40 domeshaped concrete structures), and two Acoustic Doppler Velocimeters (ADVs) would be attached to the RMS to test material durability and water flow characteristics. The overall footprint on the seafloor does not increase beyond the size of the RMS when the instruments are attached. The need to collect oceanographic data with this equipment is to inform the design and deployment of reef mimicking structures as part of DARPA’s Reefense Program. III. Rationale for the Categorical Exclusion The RMS is a passive oceanographic tool developed to dissipate wave energy. The amount of wave energy that is dissipated will be measured by the attached oceanographic instruments (PIV, larval settlement modules, and ADVs). The RMS would not be shallow enough to function as a breakwater; it is a tool to learn whether consistent wave energy can be effectively dissipated (e.g., energy coming in through the exterior holes then bouncing around within the RMS) and to ensure the durability of the materials. The PIV and PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 2215 ADVs would measure velocity fields of ocean currents and the larval settlement modules would measure material durability. The RMS would not be deployed with any living organisms attached to it. KNO is an established research site managed by the University of Hawaii at Manoa. The site was chosen for this testing because it is already supplied with infrastructure (e.g., electric power) to support other ongoing scientific research and the ground swell is consistent and predictable, thus it can allow for better data collection. IV. Consideration of Extraordinary Circumstances If an agency determines that a categorical exclusion covers a proposed action, the agency must evaluate the proposed action for extraordinary circumstances in which a normally excluded action may have a significant effect. (40 CFR 1501.4(b)). DARPA does not currently have its own NEPA implementing procedures to guide its application of extraordinary circumstances. Until DARPA establishes NEPA implementing procedures, for purposes of considering extraordinary circumstances in connection with the DoN categorical exclusion discussed in this notice, DARPA has considered whether the proposed action has the potential to result in significant effects, including by considering the factors listed in DoN’s definition of extraordinary circumstances. (32 CFR 775.6(e)(1)). DARPA has assessed the extraordinary circumstances and determined they are not present. V. Consultation With DoN and Determination of Appropriateness DARPA and DoN consulted on the appropriateness of DARPA’s adoption of the categorical exclusion from July to November 2023. This consultation included a review of DoN’s experience applying the categorical exclusion and the proposed action for which DARPA plans to utilize it. Following this consultation and review, DARPA has determined that the impacts of the proposed action to install and operate passive scientific measurement devices for a temporary period of time, no longer than five years, in an existing scientific observatory, KNO, is similar to the impacts, which are not significant, of projects for which DoN may apply the categorical exclusion. Additionally, DARPA determined that there are no extraordinary circumstances. Therefore, DARPA has determined that its proposed use of DoN’s categorical E:\FR\FM\12JAN1.SGM 12JAN1 2216 Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Notices exclusion 19, as described within this notice, would be appropriate. Notice to the Public and Documentation of Adoption This notice documents adoption of the DoN categorical exclusion listed above in accordance with 32 CFR 775.6(e)(1) and is available for use by DARPA, effective immediately. Dated: January 9, 2024. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2024–00564 Filed 1–11–24; 8:45 am] BILLING CODE 6001–FR–P DEPARTMENT OF EDUCATION [Docket ID ED–2023–FSA–0180] Privacy Act of 1974; Matching Program Federal Student Aid, Department of Education. ACTION: Notice of a new matching program. AGENCY: Pursuant to the Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988 and the Computer Matching and Privacy Protection Amendments of 1990 (Privacy Act), and Office of Management and Budget (OMB) guidance on the conduct of matching programs, notice is hereby given of the re-establishment of a matching program between the U.S. Department of Education (Department), as the recipient agency, and the Social Security Administration (SSA), as the source agency, to enable the Department to contact individuals whom SSA identifies as disabled using Medical Improvement Not Expected (MINE) data, to inform them that the Department will issue Total and Permanent Disability (TPD) discharges of their balances of loans under title IV of the Higher Education Act of 1965, as amended (HEA), their title IV HEA loans that have been written off due to default, or, their outstanding service or repayment obligations under the Teacher Education Assistance for College and Higher Education (TEACH) Grant Program unless they opt out of the TPD discharge. Such TPD discharges will occur no earlier than 61 days from the date that the Department sends the notification to those individuals, unless those individuals choose to have their loans or outstanding service or repayment obligations discharged earlier, or choose to opt out of the TPD discharge within 60 days from the date that the Department sends the notification to them. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 00:38 Jan 12, 2024 Jkt 262001 Submit your comments on the proposed re-establishment of the matching program on or before February 12, 2024. The matching program will go into effect on the later of the following three dates: (1) March 30, 2024; (2) at the expiration of the 60-day period following the Department’s transmittal of a report concerning the matching program to OMB and to the appropriate Congressional Committees, along with a copy of the Computer Matching Agreement, unless OMB waives any of this 60-day review period for compelling reasons, in which case, 60 days minus the number of days waived by OMB from the date of the Department’s transmittal of the report of the matching program; or (3) at the expiration of the 30-day public comment period following the Department’s publication of notice of this matching program in the Federal Register, assuming that the Department receives no public comments or receives public comments but makes no changes to the Matching Notice as a result of the public comments, or 30 days from the date on which the Department publishes a Revised Matching Notice in the Federal Register, assuming that the Department receives public comments and revises the Matching Notice as a result of public comments. If the latest date occurs on a non-business day, then that date will be counted for purposes of this paragraph as occurring on the next business day. ADDRESSES: Comments must be submitted via the Federal eRulemaking Portal at regulations.gov. However, if you require an accommodation or cannot otherwise submit your comments via regulations.gov, please contact the program contact person listed under FOR FURTHER INFORMATION CONTACT. The Department will not accept comments submitted by fax or by email, or comments submitted after the comment period. To ensure that we do not receive duplicate copies, please submit your comments only once. In addition, please include the Docket ID at the top of your comments. • Federal eRulemaking Portal: Go to www.regulations.gov to submit your comments electronically. Information on using Regulations.gov, including instructions for accessing agency documents, submitting comments, and viewing the docket, is available on the site under ‘‘FAQ’’. Privacy Note: The Department’s policy is to make all comments received from members of the public available for public viewing in their entirety on the Federal eRulemaking Portal at DATES: PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 www.regulations.gov. Therefore, commenters should be careful to include in their comments only information that they wish to make publicly available. FOR FURTHER INFORMATION CONTACT: Ron Bennett, Group Director Program Technical & Business Support Group, Federal Student Aid, U.S. Department of Education, 830 First Street NE, Washington, DC 20202–5320. Telephone: (202) 377–3181. Email: Ron.Bennett@ed.gov. If you are deaf, hard of hearing, or have a speech disability and wish to access telecommunications relay services, please dial 7–1–1. SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act; OMB ‘‘Final Guidance Interpreting the Provisions of Public Law 100–503, the Computer Matching and Privacy Protection Act of 1988,’’ published in the Federal Register on June 19, 1989 (54 FR 25818); and OMB Circular No. A–108, notice is hereby given of the reestablishment of a matching program between the Department and SSA to enable the Department to contact certain individuals with loans under title IV of the HEA or outstanding service or repayment obligations under the TEACH Grant Program whom SSA identifies as disabled using MINE disability data to inform them that, should they wish, the Department will facilitate a TPD discharge of their loans under title IV of the HEA or TEACH Grant service or repayment obligations. Participating Agencies The Department and SSA. Authority for Conducting the Matching Program The Department’s legal authority to enter into the matching program and to disclose information thereunder includes sections 420N(c), 437(a)(1), 455(a)(1), and 464(c)(1)(F)(ii & iii) of the HEA (20 U.S.C. 1070g–2(c), 1087(a)(1), 1087e(a)(1)), and 1087dd((c)(1)(F)(ii & iii)). SSA’s legal authority to disclose information under this Agreement is section 1106 of the Act (42 U.S.C. 1306) and the regulations promulgated pursuant to that section (20 CFR part 401). Subsection (b)(3) of the Privacy Act (5 U.S.C. 552a(b)(3) allows SSA to make the disclosure without the prior written consent of the individuals to whom the records pertain. Purpose(s) This matching program will enable the Department to send notices to certain borrowers with loans under title IV of the HEA and TEACH Grant E:\FR\FM\12JAN1.SGM 12JAN1

Agencies

[Federal Register Volume 89, Number 9 (Friday, January 12, 2024)]
[Notices]
[Pages 2214-2216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00564]


=======================================================================
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DEPARTMENT OF DEFENSE

Office of the Secretary


Adoption of Department of Navy Categorical Exclusion Pursuant to 
Section 109 of the National Environmental Policy Act (NEPA)

AGENCY: Defense Advanced Research Projects Agency (DARPA), Department 
of Defense (DoD).

ACTION: Notice of adoption of the Department of Navy's (DoN) 
categorical exclusion for passive scientific measurement devices 
pursuant to section 109 of the NEPA.

-----------------------------------------------------------------------

SUMMARY: DARPA is adopting the DoN's categorical exclusion 19 for the 
installation and operation of passive scientific measurement devices. 
This notice describes the proposed action for which DARPA intends to 
use the DoN categorical exclusion and details the consultation between 
the agencies.

DATES: This action is effective January 12, 2024.

FOR FURTHER INFORMATION CONTACT: Dr. Catherine Campbell, 703-526-2044 
(Voice), [email protected] (Email).

SUPPLEMENTARY INFORMATION:

I. Background

National Environmental Policy Act and Categorical Exclusions

    NEPA, 42 U.S.C. 4321-4347, requires all Federal agencies to assess 
the environmental impacts of their actions. Congress enacted NEPA to 
encourage productive and enjoyable harmony between humans and the 
environment, recognizing the profound impact of human activity and the 
critical

[[Page 2215]]

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

II. Identification of the Categorical Exclusion

    DoN's categorical exclusion for the use of passive scientific 
measurement devices is codified in DoN's NEPA procedures as categorical 
exclusion 19 in 32 CFR 775.6(f)(19).

Proposed Action

    DARPA proposes to deploy a single reef mimicking structure (RMS, 
258.2 ft\2\) on the seafloor of the Kilo Nalu Observatory (KNO) on the 
south shore of O[revaps]ahu, Hawai[revaps]i for a period of no longer 
than five years. A Particle Image Velocimeter (PIV), coral larval 
settlement modules (20 to 40 dome-shaped concrete structures), and two 
Acoustic Doppler Velocimeters (ADVs) would be attached to the RMS to 
test material durability and water flow characteristics. The overall 
footprint on the seafloor does not increase beyond the size of the RMS 
when the instruments are attached. The need to collect oceanographic 
data with this equipment is to inform the design and deployment of reef 
mimicking structures as part of DARPA's Reefense Program.

III. Rationale for the Categorical Exclusion

    The RMS is a passive oceanographic tool developed to dissipate wave 
energy. The amount of wave energy that is dissipated will be measured 
by the attached oceanographic instruments (PIV, larval settlement 
modules, and ADVs). The RMS would not be shallow enough to function as 
a breakwater; it is a tool to learn whether consistent wave energy can 
be effectively dissipated (e.g., energy coming in through the exterior 
holes then bouncing around within the RMS) and to ensure the durability 
of the materials. The PIV and ADVs would measure velocity fields of 
ocean currents and the larval settlement modules would measure material 
durability. The RMS would not be deployed with any living organisms 
attached to it. KNO is an established research site managed by the 
University of Hawaii at Manoa. The site was chosen for this testing 
because it is already supplied with infrastructure (e.g., electric 
power) to support other ongoing scientific research and the ground 
swell is consistent and predictable, thus it can allow for better data 
collection.

IV. Consideration of Extraordinary Circumstances

    If an agency determines that a categorical exclusion covers a 
proposed action, the agency must evaluate the proposed action for 
extraordinary circumstances in which a normally excluded action may 
have a significant effect. (40 CFR 1501.4(b)). DARPA does not currently 
have its own NEPA implementing procedures to guide its application of 
extraordinary circumstances. Until DARPA establishes NEPA implementing 
procedures, for purposes of considering extraordinary circumstances in 
connection with the DoN categorical exclusion discussed in this notice, 
DARPA has considered whether the proposed action has the potential to 
result in significant effects, including by considering the factors 
listed in DoN's definition of extraordinary circumstances. (32 CFR 
775.6(e)(1)).
    DARPA has assessed the extraordinary circumstances and determined 
they are not present.

V. Consultation With DoN and Determination of Appropriateness

    DARPA and DoN consulted on the appropriateness of DARPA's adoption 
of the categorical exclusion from July to November 2023. This 
consultation included a review of DoN's experience applying the 
categorical exclusion and the proposed action for which DARPA plans to 
utilize it. Following this consultation and review, DARPA has 
determined that the impacts of the proposed action to install and 
operate passive scientific measurement devices for a temporary period 
of time, no longer than five years, in an existing scientific 
observatory, KNO, is similar to the impacts, which are not significant, 
of projects for which DoN may apply the categorical exclusion. 
Additionally, DARPA determined that there are no extraordinary 
circumstances. Therefore, DARPA has determined that its proposed use of 
DoN's categorical

[[Page 2216]]

exclusion 19, as described within this notice, would be appropriate.

Notice to the Public and Documentation of Adoption

    This notice documents adoption of the DoN categorical exclusion 
listed above in accordance with 32 CFR 775.6(e)(1) and is available for 
use by DARPA, effective immediately.

    Dated: January 9, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2024-00564 Filed 1-11-24; 8:45 am]
BILLING CODE 6001-FR-P


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