Adoption of a Department of the Air Force Categorical Exclusion Under the National Environmental Policy Act, 31772-31774 [2024-08815]

Agencies

• National Aeronautics and Space Administration

[Federal Register Volume 89, Number 81 (Thursday, April 25, 2024)]
[Notices]
[Pages 31772-31774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08815]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[NOTICE: 24-029]


Adoption of a Department of the Air Force Categorical Exclusion 
Under the National Environmental Policy Act

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Notice of adoption of categorical exclusion.

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SUMMARY: The National Aeronautics and Space Administration (NASA) is 
adopting the Department of Air Force (DAF) Categorical Exclusion 
(CATEX) A2.3.34, Supersonic flying operations over land and above 
30,000 feet Mean Sea Level, or over water and above 10,000 feet Mean 
Sea Level and more than 15 nautical miles from land, under the National 
Environmental Policy Act (NEPA) to use in NASA's program and funding 
opportunities administered by NASA. This notice describes the 
categories of proposed actions for which NASA intends to use DAF's 
CATEX and describes the consultation between the agencies.

DATES: The categorical exclusion is adopted April 25, 2024.

FOR FURTHER INFORMATION CONTACT: Amy Keith, NASA Headquarters, 
Environmental Management Division by phone at 256-701-2815 or by email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

NEPA and CATEXs

    The National Environmental Policy Act, as amended (42 U.S.C. 4321-
4347) (NEPA), requires all Federal agencies to assess the environmental 
impact of their actions. Congress enacted NEPA in order to encourage 
productive and enjoyable harmony between humans and the environment, 
recognizing the profound impact of human activity and the critical 
importance of restoring and maintaining environmental quality to the 
overall welfare of humankind. 42 U.S.C. 4321, 4331. NEPA's twin aims 
are 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. 42 U.S.C. 4331. NEPA created the 
Council on Environmental Quality (CEQ), which promulgated NEPA 
implementing regulations, 40 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 (CATEX). 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. 42 U.S.C. 4336. 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. 42 U.S.C. 4336. 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, however, the analysis in the EA finds that the action is likely to 
have significant effects which cannot be mitigated below a significant 
level, then an EIS is required.
    Under NEPA and the CEQ regulations, a Federal agency also can 
establish CATEXs--categories of actions that the agency has determined 
normally do not significantly affect the quality of the human 
environment--in their agency NEPA procedures. 42 U.S.C. 4336(e)(1); 40 
CFR 1501.4, 1507.3(e)(2)(ii), 1508.1(d). If an agency determines that a 
CATEX 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 CATEX to 
the proposed action without preparing an EA or EIS. 42 U.S.C. 
4336(a)(2), 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'' or use another 
agency's CATEX for a category of proposed agency actions. 42 U.S.C. 
4336(c). To use another agency's CATEX under section 109, an agency 
must identify the relevant CATEX listed in another 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 CATEX to a category 
of actions is appropriate; identify to the public the CATEX that the 
agency plans to use for its proposed actions; and document adoption of 
the CATEX. Id. This notice documents NASA's adoption of Department of 
the Air Force (DAF) CATEX A2.3.34., Supersonic flying operations over 
land and above 30,000 feet Mean Sea Level, or over water and above 
10,000 feet Mean Sea Level and more than 15 nautical miles from land, 
under section 109 of NEPA to use in NASA's programs and funding 
opportunities, including those administered by NASA's Quesst mission.

NASA's Program

    NASA's Quesst mission is working with the international community 
to develop standards needed to open the commercial market to supersonic 
flight.

[[Page 31773]]

One of the most important of these standards is for sound levels from 
supersonic overflight that prevent adverse impacts to populations in 
developed and undeveloped areas. The Quesst mission has two goals. The 
first is to demonstrate the viability of aerodynamic design technology 
that reduces the sonic boom associated with supersonic flight to a soft 
thump sound. The second is to collect data on the response of 
populations to this thump sound that will inform the development of the 
needed standard. The mission involves multiple supersonic flights over 
representative communities with diverse climates and populations in 
four to six discrete geographic areas of approximately 120x50 miles in 
the continental U.S. For each community, the Quesst mission expects to 
fly approximately 100 total supersonic passes over a 30-day period. The 
daily community overflight schedule will not exceed 3 flights per day, 
with one to two passes per flight, for a maximum of 6 passes per day. 
The flights will only occur during daytime hours (i.e., no night 
flights will occur). The sound levels will approximate those of 
naturally occurring distant thunder and result in non-adverse effects 
on communities, wildlife, domesticated animals, or other natural or 
cultural resources. The flights will operate from military and/or joint 
use military-civilian airfields. Supersonic flight operations will take 
place at speeds up to approximately Mach 1.4 and at altitudes between 
42 and 55 thousand feet over the communities. NASA will comply with all 
existing regulations and operating procedures in effect at the 
airfields and for operations within the National Airspace. Well in 
advance of any overflight, communities will be provided general 
information about the tests and the sounds that may be heard. In the 
event that a flight may pass over tribal lands, tribal nations will 
also be engaged. Survey participants selected from the community 
population will be asked to respond via mobile device with reactions to 
the supersonic thump. Ground measurement hardware, including 
microphones and weather equipment, will record and characterize the 
supersonic thump at ground level. This data will be analyzed to 
document the relationship between sound exposure (dose) and annoyance 
(response) that will be provided to the International Civil Aviation 
Organization's Committee on Aviation Environmental Protection (ICAO-
CAEP) to inform the sound limits of a supersonic overflight noise 
standard.

II. Identification of the Categorical Exclusion (CATEX) DAF's 
Supersonic Flying Operations CATEX

    The DAF's environmental impact analysis process is codified in 32 
CFR part 989. The DAF's categorical exclusion process is set forth in 
32 CFR 989.13 as follows:
    (a) CATEXs define those categories of actions that do not 
individually or cumulatively have potential for significant effect on 
the environment and do not, therefore, require further environmental 
analysis in an EA or an EIS. The list of Air Force-approved CATEXs is 
in appendix B. Supplements to this part may not add CATEXs or expand 
the scope of the CATEXs in appendix B.
    (b) Characteristics of categories of actions that usually do not 
require either an EIS or an EA (in the absence of extraordinary 
circumstances) include:
    (1) Minimal adverse effect on environmental quality.
    (2) No significant change to existing environmental conditions.
    (3) No significant cumulative environmental impact.
    (4) Socioeconomic effects only.
    (5) Similarity to actions previously assessed and found to have no 
significant environmental impacts.
    (c) CATEXs apply to actions in the United States and abroad. 
General exemptions specific to actions abroad are in 32 CFR part 187. 
The EPF or other decision-maker forwards requests for additional 
exemption determinations for actions abroad to HQ USAF/A7CI with a 
justification letter.
    (d) Normally, any decision-making level may determine the 
applicability of a CATEX and need not formally record the determination 
on AF Form 813 or elsewhere, except as noted in the CATEX list.
    (e) Application of a CATEX to an action does not eliminate the need 
to meet air conformity requirements (see Sec.  989.30).
    The DAF's list of specific categorical exclusions is set forth at 
appendix B to part 989--Categorical Exclusions. NASA identified CATEX 
A2.3.34., Supersonic flying operations over land and above 30,000 feet 
Mean Sea Level, or over water and above 10,000 feet Mean Sea Level and 
more than 15 nautical miles from land, as applicable and appropriate to 
use in NASA's programs and funding opportunities, including those 
administered by the NASA Quesst mission.

Proposed NASA Category of Actions

    NASA intends to apply CATEX A2.3.34 to NASA's Quesst mission. NASA 
also intends to apply the CATEX to other similar NASA programs that 
meet the qualifications of the CATEX. NASA will consider each proposal 
to use CATEX A2.3.34 to ensure that the proposal is within the scope of 
the CATEX. NASA intends to apply this CATEX in a manner consistent with 
DAF's application.

III. Consideration of Extraordinary Circumstances

    The DAF's implementing regulations in 32 CFR, part 989, appendix B 
describe when additional analysis may be required (i.e., extraordinary 
circumstances). Circumstances may arise in which usually categorically 
excluded actions may have a significant environmental impact and, 
therefore, may generate a requirement for further environmental 
analysis. Examples of situations where such circumstances may be 
present include:
    A2.2.1. Actions of greater scope or size than generally experienced 
for a particular category of action.
    A2.2.2. Potential for degradation (even though slight) of already 
marginal or poor environmental conditions.
    A2.2.3. Initiating a degrading influence, activity, or effect in 
areas not already significantly modified from their natural condition.
    A2.2.4. Use of unproved technology.
    A2.2.5. Use of hazardous or toxic substances that may come in 
contact with the surrounding environment.
    A2.2.6. Presence of threatened or endangered species, 
archaeological remains, historical sites, or other protected resources.
    A2.2.7. Proposals adversely affecting areas of critical 
environmental concern, such as prime or unique agricultural lands, 
wetlands, coastal zones, wilderness areas, floodplains, or wild and 
scenic river areas.
    A2.2.8. Proposals with disproportionately high and adverse human 
health or environmental effects on minority populations or low-income 
populations.
    When applying CATEX A2.3.34, NASA will evaluate the proposed action 
and ensure each circumstance prescribed both in DAF regulations (as set 
forth above), and in NASA's NEPA implementing regulations at 14 CFR 
1216.304(c), is carefully considered and do not apply to NASA's 
proposed action. If an extraordinary circumstance, or circumstances, 
exists, NASA will determine whether the proposed action has the 
potential to result in a significant environmental impact before 
applying CATEX A2.3.34, or proceed with preparation of an EIS or EA as 
appropriate. NASA will comply with

[[Page 31774]]

environmental requirements related to the proposal, including 
application and receipt of any necessary permits, and other applicable 
federal and state regulatory agency consultations and approvals which 
may be required.

IV. Consultation With DAF and Determination of Appropriateness

    DAF and NASA consulted on the appropriateness of NASA's adoption of 
CATEX A2.3.34 in February 2024. DAF and NASA's consultation included a 
review of DAF's experience developing and applying the CATEX, as well 
as the types of actions for which NASA plans to use the CATEX. These 
NASA actions are very similar to the type of projects for which DAF has 
applied the CATEX and therefore the impacts of NASA projects, in this 
case, the Quesst mission, will be very similar to the impacts of DAF 
projects, which are not significant, absent the existence of 
extraordinary circumstances. Therefore, NASA has determined that its 
proposed use of the CATEX as described in this notice is appropriate.

V. Notice to the Public and Documentation of Adoption

    This notice serves to identify to the public and document NASA's 
adoption of DAF's CATEX A2.3.34., Supersonic flying operations over 
land and above 30,000 feet Mean Sea Level, or over water and above 
10,000 feet Mean Sea Level and more than 15 nautical miles from land. 
The notice identifies the types of actions to which NASA will apply the 
CATEX, as well as the considerations that NASA will use in determining 
whether an action is within the scope of the CATEX.

Nanette Smith,
Team Lead, NASA Directives and Regulations.
[FR Doc. 2024-08815 Filed 4-24-24; 8:45 am]
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