Notice of Adoption of Department of Energy Categorical Exclusions Pursuant to Section 109 of the National Environmental Policy Act, 54850-54854 [2024-14568]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 89, Number 127 (Tuesday, July 2, 2024)]
[Notices]
[Pages 54850-54854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14568]



[[Page 54850]]

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DEPARTMENT OF HOMELAND SECURITY


Notice of Adoption of Department of Energy Categorical Exclusions 
Pursuant to Section 109 of the National Environmental Policy Act

AGENCY: Office of the Secretary, Department of Homeland Security.

ACTION: Notice of adoption of the Department of Energy's categorical 
exclusions pursuant to section 109 of the National Environmental Policy 
Act.

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SUMMARY: The Department of Homeland Security (DHS) is adopting 18 
Categorical Exclusions (CE) established by the Department of Energy 
(DOE) pursuant to the National Environmental Policy Act to use for 
proposed DHS actions. This notice describes the categories of proposed 
actions for which DHS intends to use DOE's CEs and details the 
consultation between the agencies.

DATES: This action is effective upon publication.

FOR FURTHER INFORMATION CONTACT: Jennifer DeHart Hass, Director, 
Environmental Planning and Historic Preservation, by phone at 202-834-
4346, or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

National Environmental Policy Act and Categorical Exclusions

    The National Environmental Policy Act, 42 U.S.C. 4321-4347 (NEPA), 
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 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. 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. 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 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. 42 U.S.C. 
4336e(1); 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. 42 U.S.C. 4336(a)(2). 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. 4336c. 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 DHS's adoption of 18 DOE CEs under Section 
109 of NEPA.

II. Identification of the Categorical Exclusions

    DOE NEPA implementing procedures are codified in 10 CFR part 1021. 
Appendix A of 10 CFR part 1021, subpart D, lists the categorical 
exclusions applicable to general DOE actions; Appendix B lists 
categorical exclusions applicable to specific DOE actions. DHS 
identifies below the 18 DOE CEs, listed in Appendix B that DHS is 
adopting. Each of these DOE CEs includes conditions on the scope or 
application of the CE within the text of the numbered paragraphs listed 
below and within the integral elements in DOE's regulations (10 CFR 
part 1021, subpart D, Appendix B (1)-(5)). Under each CE, DHS describes 
categories of proposed actions for which DHS and its agency components 
may use the CE. All DHS components will have access to, and intend to 
use, the adopted CEs. The identified categories of actions are those 
for which DHS contemplates using the CE at this time; DHS may expand 
use of one or more of the CEs identified below to other activities 
where appropriate and in accordance with applicable conditions for use 
of the CE.
    1. B1.16 Asbestos Removal. Removal of asbestos-containing materials 
from buildings in accordance with applicable requirements (such as 40 
CFR part 61, ``National Emission Standards for Hazardous Air 
Pollutants''; 40 CFR part 763, ``Asbestos''; 29 CFR part 1910, subpart 
I, ``Personal Protective Equipment''; and 29 CFR part 1926, ``Safety 
and Health Regulations for Construction''; and appropriate state and 
local requirements, including certification of removal contractors and 
technicians).
    Potential application to DHS activities:
     Removal of asbestos-containing materials from buildings 
owned or controlled by DHS and its agency components; and
     Removal of asbestos-containing materials from structures 
during demolition and removal activities or resiliency projects funded 
through FEMA Federal assistance.
    2. B1.32 Traffic Flow Adjustments. Traffic flow adjustments to 
existing roads (including, but not limited to, stop sign or traffic 
light installation, adjusting direction of traffic flow, and adding 
turning lanes), and road adjustments (including, but not limited to, 
widening and realignment) that are within an existing right-of-way and

[[Page 54851]]

consistent with approved land use or transportation improvement plans.
    Potential application to DHS activities:
     U.S. Coast Guard (USCG) manages drawbridge timing through 
the regulatory process and is in the process of improving bases. The 
ability to perform these traffic flow adjustments would expand on 
existing DHS USCG CEs to address traffic flow needs off of USCG 
property; and
     Implementation of temporary or permanent traffic flow 
adjustments at DHS facilities, including ports of entry.
    3. B3.1 Site characterization and environmental monitoring. Site 
characterization and environmental monitoring (including, but not 
limited to, siting, construction, modification, operation, and 
dismantlement and removal or otherwise proper closure (such as of a 
well) of characterization and monitoring devices, and siting, 
construction, and associated operation of a small-scale laboratory 
building or renovation of a room in an existing building for sample 
analysis). Such activities would be designed in conformance with 
applicable requirements and use best management practices to limit the 
potential effects of any resultant ground disturbance. Covered 
activities include, but are not limited to, site characterization and 
environmental monitoring under CERCLA and RCRA. (This class of actions 
excludes activities in aquatic environments. See B3.16 for such 
activities.) Specific activities include, but are not limited to:
    (a) Geological, geophysical (such as gravity, magnetic, electrical, 
seismic, radar, and temperature gradient), geochemical, and engineering 
surveys and mapping, and the establishment of survey marks. Seismic 
techniques would not include large-scale reflection or refraction 
testing;
    (b) Installation and operation of field instruments (such as 
stream-gauging stations or flow-measuring devices, telemetry systems, 
geochemical monitoring tools, and geophysical exploration tools);
    (c) Drilling of wells for sampling or monitoring of groundwater or 
the vadose (unsaturated) zone, well logging, and installation of water-
level recording devices in wells;
    (d) Aquifer and underground reservoir response testing;
    (e) Installation and operation of ambient air monitoring equipment;
    (f) Sampling and characterization of water, soil, rock, or 
contaminants (such as drilling using truck- or mobile-scale equipment, 
and modification, use, and plugging of boreholes);
    (g) Sampling and characterization of water effluents, air 
emissions, or solid waste streams;
    (h) Installation and operation of meteorological towers and 
associated activities (such as assessment of potential wind energy 
resources);
    (i) Sampling of flora or fauna; and
    (j) Archeological, historic, and cultural resource identification 
in compliance with 36 CFR part 800 and 43 CFR part 7.
    Potential application to DHS activities:
     DHS performs site characterization and environmental 
monitoring for research, development, testing, and evaluation 
activities and completes environmental baseline surveys and due 
diligence prior to property acquisitions and site development.
    4. B3.2 Aviation activities. Aviation activities for survey, 
monitoring, or security purposes that comply with Federal Aviation 
Administration regulations.
    Potential application to DHS activities:
     DHS Components use unmanned aircraft systems to support 
mission operations, such as to complete aerial surveys, security, and 
monitoring activities.
    5. B3.6 Small-scale research and development, laboratory 
operations, and pilot projects. Siting, construction, modification, 
operation, and decommissioning of facilities for small-scale research 
and development projects; conventional laboratory operations (such as 
preparation of chemical standards and sample analysis); and small-scale 
pilot projects (generally less than 2 years) frequently conducted to 
verify a concept before demonstration actions, provided that 
construction or modification would be within or contiguous to a 
previously disturbed or developed area (where active utilities and 
currently used roads are readily accessible). Not included in this 
category are demonstration actions, meaning actions that are undertaken 
at a scale to show whether a technology would be viable on a larger 
scale and suitable for commercial deployment.
    Potential application to DHS activities:
     Small-scale research and development, conventional 
laboratory operations, and pilot projects; and,
     USCG regularly needs to field test and conduct pilot 
projects to ensure that USCG continues to be properly equipped to meet 
mission requirements.
     This CE would address research, development, testing, and 
evaluation expansion to into field operations/pilot projects often 
supported by the DHS Science and Technology Directorate (S&T).
    6. B3.11 Outdoor tests and experiments on materials and equipment 
components. Outdoor tests and experiments for the development, quality 
assurance, or reliability of materials and equipment (including, but 
not limited to, weapon system components) under controlled conditions. 
Covered actions include, but are not limited to, burn tests (such as 
tests of electric cable fire resistance or the combustion 
characteristics of fuels), impact tests (such as pneumatic ejector 
tests using earthen embankments or concrete slabs designated and 
routinely used for that purpose), or drop, puncture, water-immersion, 
or thermal tests. Covered actions would not involve source, special 
nuclear, or byproduct materials, except encapsulated sources 
manufactured to applicable standards that contain source, special 
nuclear, or byproduct materials may be used for nondestructive actions 
such as detector/sensor development and testing and first responder 
field training.
    Potential application to DHS activities:
     DHS Components perform tests and evaluations of materials 
and equipment outdoors, including unmanned aircraft systems.
    7. B3.16 Research activities in aquatic environments. Small-scale, 
temporary surveying, site characterization, and research activities in 
aquatic environments, limited to:
    (a) Acquisition of rights-of-way, easements, and temporary use 
permits;
    (b) Installation, operation, and removal of passive scientific 
measurement devices, including, but not limited to, antennae, tide 
gauges, flow testing equipment for existing wells, weighted 
hydrophones, salinity measurement devices, and water quality 
measurement devices;
    (c) Natural resource inventories, data and sample collection, 
environmental monitoring, and basic and applied research, excluding
    (1) large-scale vibratory coring techniques and
    (2) seismic activities other than passive techniques; and
    (d) Surveying and mapping.
    Potential application to DHS activities:
     DHS Components perform small scale and temporary research, 
testing, and evaluation activities in aquatic environments.
    8. B4.6 Additions and modifications to transmission facilities. 
Additions or modifications to electric power transmission facilities 
within a previously disturbed or developed

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facility area. Covered activities include, but are not limited to, 
switchyard rock grounding upgrades, secondary containment projects, 
paving projects, seismic upgrading, tower modifications, load shaping 
projects (such as reducing energy use during periods of peak demand), 
changing insulators, and replacement of poles, circuit breakers, 
conductors, transformers, and crossarms. (See B4.14 for energy storage 
systems.)
    Potential application to DHS activities:
     FEMA funds utility projects through its various grant 
programs, such as, but not limited to, the Hazard Mitigation Grant 
Program and Building Resilient Infrastructure and Communities program.
    9. B4.7 Fiber optic cable. Adding fiber optic cables to 
transmission facilities or burying fiber optic cable in existing 
powerline or pipeline rights-of-way. Covered actions may include 
associated vaults and pulling and tensioning sites outside of rights-
of-way in nearby previously disturbed or developed areas.
    Potential application to DHS activities:
     DHS Components install fiber optic cables at DHS 
facilities to support mission operations; and
     FEMA funds disaster recovery and resiliency projects that 
can include installation of fiber optic cables.
    10. B4.9 Multiple use of powerline rights-of-way. Granting or 
denying requests for multiple uses of a transmission facility's rights-
of-way (including, but not limited to, grazing permits and crossing 
agreements for electric lines, water lines, natural gas pipelines, 
communications cables, roads, and drainage culverts).
    Potential application to DHS activities:
     FEMA funds disaster recovery and resiliency projects that 
can involve powerline rights-of-way with multiple uses, such as 
crossing agreements for electric lines, water lines, natural gas 
pipelines, communications cables, roads, and drainage culverts.
    11. B4.10 Removal of electric transmission facilities. 
Deactivation, dismantling, and removal of electric transmission 
facilities (including, but not limited to, electric powerlines, 
substations, and switching stations) and abandonment and restoration of 
rights-of-way (including, but not limited to, associated access roads).
    Potential application to DHS activities:
     FEMA funds disaster recovery and resiliency projects that 
may involve deactivation, dismantling, and removal of electric 
transmission facilities.
    12. B4.11 Electric power substations and interconnection 
facilities. Construction or modification of electric power substations 
or interconnection facilities (including, but not limited to, switching 
stations and support facilities).
    Potential application to DHS activities:
     FEMA funds disaster recovery and resiliency projects that 
may involve construction or modification of electric power stations and 
interconnection facilities.
    13. B4.12 Construction of powerlines. Construction of electric 
powerlines approximately 10 miles in length or less, or approximately 
20 miles in length or less within previously disturbed or developed 
powerline or pipeline rights-of-way.
    Potential application to DHS activities:
     FEMA funds disaster recovery and resiliency projects that 
may involve construction of electric powerlines within previously 
disturbed or developed powerline rights-of-way.
    14. B4.13 Upgrading and rebuilding existing powerlines. Upgrading 
or rebuilding existing electric powerlines, which may involve 
relocations of small segments of the powerlines within an existing 
powerline right-of-way or within otherwise previously disturbed or 
developed lands (as discussed at 10 CFR 1021.410(g)(1) \1\). Upgrading 
or rebuilding existing electric powerlines also may involve widening an 
existing powerline right-of-way to meet current electrical standards if 
the widening remains within previously disturbed or developed lands and 
only extends into a small area beyond such lands as needed to comply 
with applicable electrical standards. Covered actions would be in 
accordance with applicable requirements, including the integral 
elements listed at the start of appendix B of [10 CFR part 1021]; and 
would incorporate appropriate design and construction standards, 
control technologies, and best management practices. This categorical 
exclusion does not apply to underwater powerlines. As used in this 
categorical exclusion, ``small'' has the meaning discussed at 10 CFR 
1021.410(g)(2).\2\
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    \1\ 10 CFR 1021.410(g)(1). ``Previously disturbed or developed'' 
refers to land that has been changed such that its functioning 
ecological processes have been and remain altered by human activity. 
The phrase encompasses areas that have been transformed from natural 
cover to non-native species or a managed state, including, but not 
limited to, utility and electric power transmission corridors and 
rights-of-way, and other areas where active utilities and currently 
used roads are readily available.
    \2\ 10 CFR 1021.410(g)(2). [DHS] considers terms such as 
``small'' and ``small-scale'' in the context of the particular 
proposal, including its proposed location. In assessing whether a 
proposed action is small, in addition to the actual magnitude of the 
proposal, [DHS] considers factors such as industry norms, the 
relationship of the proposed action to similar types of development 
in the vicinity of the proposed action, and expected outputs of 
emissions or waste. When considering the physical size of a proposed 
facility, for example, [DHS] would review the surrounding land uses, 
the scale of the proposed facility relative to existing development, 
and the capacity of existing roads and other infrastructure to 
support the proposed action. (Modified from CFR part 1021 to reflect 
DHS as the adopting agency.)
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    Potential application to DHS activities:
     FEMA funds disaster recovery and resiliency projects that 
can involve relocation of powerlines and poles.
    15. B4.14 Construction and operation of electrochemical-battery or 
flywheel energy storage systems. Construction, operation, upgrade, or 
decommissioning of an electrochemical-battery or flywheel energy 
storage system within a previously disturbed or developed area or 
within a small (as discussed at 10 CFR 1021.410(g)(2)) area contiguous 
to a previously disturbed or developed area. Covered actions would be 
in accordance with applicable requirements (such as land use and zoning 
requirements) in the proposed project area and the integral elements 
listed at the start of appendix B of [10 CFR part 1021], and would 
incorporate appropriate safety standards (including the current 
National Fire Protection Association 855, Standard for the Installation 
of Energy Storage Systems), design and construction standards, control 
technologies, and best management practices.
    Potential application to DHS activities:
     FEMA funds disaster recovery and resiliency projects that 
could require construction and operation of electrochemical-battery or 
flywheel energy storage systems.
    16. B5.15 Small-scale renewable energy research and development and 
pilot projects. Small-scale renewable energy research and development 
projects and small-scale pilot projects, provided that the projects are 
located within a previously disturbed or developed area. Covered 
actions would be in accordance with applicable requirements (such as 
local land use and zoning requirements) in the proposed project area 
and would incorporate appropriate control technologies and best 
management practices.
    Potential application to DHS activities:

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     DHS S&T, as well as other DHS components, conduct small-
scale renewable energy research and development and pilot projects.
    17. B5.16 Solar photovoltaic systems.
    (a) The installation, modification, operation, or decommissioning 
of commercially available solar photovoltaic systems:
    (1) Located on a building or other structure (such as rooftop, 
parking lot or facility, or mounted to signage, lighting, gates, or 
fences); or
    (2) Located within a previously disturbed or developed area.
    (b) Covered actions would be in accordance with applicable 
requirements (such as land use and zoning requirements) in the proposed 
project area and the integral elements listed at the start of appendix 
B of [10 CFR part 1021], and would be consistent with applicable plans 
for the management of wildlife and habitat, including plans to maintain 
habitat connectivity, and incorporate appropriate control technologies 
and best management practices.
    Potential application to DHS activities:
     Several DHS Components are planning to install and operate 
photovoltaic energy systems at facilities for sustainable energy 
implementation. Photovoltaic systems are essentially solar panels that 
can reduce greenhouse gas emissions, are renewable and clean sources of 
energy, can lower electricity bills, and can power facilities. This 
approach is in line with a DHS's net zero approach for facility 
infrastructure projects.
    18. B5.25 Small-scale renewable energy research and development and 
pilot projects in aquatic environments. Small-scale renewable energy 
research and development projects and small-scale pilot projects 
located in aquatic environments. Activities would be in accordance 
with, where applicable, an approved spill prevention, control, and 
response plan, and would incorporate appropriate control technologies 
and best management practices. Covered actions would not occur (1) 
Within areas of hazardous natural bottom conditions or (2) within the 
boundary of an established marine sanctuary or wildlife refuge, a 
governmentally proposed marine sanctuary or wildlife refuge, or a 
governmentally recognized area of high biological sensitivity, unless 
authorized by the agency responsible for such refuge, sanctuary, or 
area (or after consultation with the responsible agency, if no 
authorization is required). If the proposed activities would occur 
outside such refuge, sanctuary, or area and if the activities would 
have the potential to cause impacts within such refuge, sanctuary, or 
area, then the responsible agency shall be consulted in order to 
determine whether authorization is required and whether such activities 
would have the potential to cause significant impacts on such refuge, 
sanctuary, or area. Areas of high biological sensitivity include, but 
are not limited to, areas of known ecological importance, whale and 
marine mammal mating and calving/pupping areas, and fish and 
invertebrate spawning and nursery areas recognized as being limited or 
unique and vulnerable to perturbation; these areas can occur in bays, 
estuaries, near shore, and far offshore, and may vary seasonally. No 
permanent facilities or devices would be constructed or installed. 
Covered actions do not include drilling of resource exploration or 
extraction wells, use of large-scale vibratory coring techniques, or 
seismic activities other than passive techniques.
    Potential application to DHS activities:
     DHS S&T, as well as other DHS components, conduct small-
scale renewable energy research and development and pilot projects.
    The DOE CEs include additional conditions, referred to as 
``Integral Elements,'' which are listed in 10 CFR part 1021 Subpart D, 
Appendix B). In order to apply a DOE CE, the proposed action must be 
one that would not:
    (1) Threaten a violation of applicable statutory, regulatory, or 
permit requirements for environment, safety, and health, or similar 
requirements of DHS \3\ or Executive Orders;
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    \3\ Modified from CFR part 1021 Subpart D, App. B to reflect DHS 
as the adopting agency.
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    (2) Require siting and construction or major expansion of waste 
storage, disposal, recovery, or treatment facilities (including 
incinerators), but the proposal may include categorically excluded 
waste storage, disposal, recovery, or treatment actions or facilities;
    (3) Disturb hazardous substances, pollutants, contaminants, or 
CERCLA-excluded petroleum and natural gas products that preexist in the 
environment such that there would be uncontrolled or unpermitted 
releases;
    (4) Have the potential to cause significant impacts on 
environmentally sensitive resources. An environmentally sensitive 
resource is typically a resource that has been identified as needing 
protection through Executive Order, statute, or regulation by Federal, 
state, or local government, or a federally recognized Indian tribe. An 
action may be categorically excluded if, although sensitive resources 
are present, the action would not have the potential to cause 
significant impacts on those resources (such as construction of a 
building with its foundation well above a sole-source aquifer or upland 
surface soil removal on a site that has wetlands). Environmentally 
sensitive resources include, but are not limited to:
    (i) Property (such as sites, buildings, structures, and objects) of 
historic, archeological, or architectural significance designated by a 
Federal, state, or local government, federally recognized Indian tribe, 
or Native Hawaiian organization, or property determined to be eligible 
for listing on the National Register of Historic Places;
    (ii) Federally listed threatened or endangered species or their 
habitat (including critical habitat) or Federally-proposed or candidate 
species or their habitat (Endangered Species Act); state-listed or 
state-proposed endangered or threatened species or their habitat; 
Federally-protected marine mammals and Essential Fish Habitat (Marine 
Mammal Protection Act; Magnuson-Stevens Fishery Conservation and 
Management Act); and otherwise Federally-protected species (such as the 
Bald and Golden Eagle Protection Act or the Migratory Bird Treaty Act);
    (iii) Floodplains and wetlands
    (iv) Areas having a special designation such as Federally- and 
state-designated wilderness areas, national parks, national monuments, 
national natural landmarks, wild and scenic rivers, state and Federal 
wildlife refuges, scenic areas (such as National Scenic and Historic 
Trails or National Scenic Areas), and marine sanctuaries;
    (v) Prime or unique farmland, or other farmland of statewide or 
local importance, as defined at 7 CFR 658.2(a), ``Farmland Protection 
Policy Act: Definitions,'' or its successor;
    (vi) Special sources of water (such as sole-source aquifers, 
wellhead protection areas, and other water sources that are vital in a 
region); and
    (vii) Tundra, coral reefs, or rain forests; or
    (5) Involve genetically engineered organisms, synthetic biology, 
governmentally designated noxious weeds, or invasive species, unless 
the proposed activity would be contained or confined in a manner 
designed and operated to prevent unauthorized release into the 
environment and conducted in accordance with applicable requirements, 
such as those of the Department of Agriculture, the Environmental 
Protection Agency, and the National Institutes of Health.

[[Page 54854]]

III. Consideration of Extraordinary Circumstances

    When applying these CEs, DHS will evaluate the proposed action to 
ensure evaluation of ``Integral Elements'' listed above. In addition, 
in considering extraordinary circumstances, DHS will consider whether 
the proposed action has the potential to result in significant effects 
as described in DOE's extraordinary circumstances listed at 10 CFR 
1021.410(b)(2). DOE defines extraordinary circumstances as unique 
situations presented by specific proposals, including, but not limited 
to, scientific controversy about the environmental effects of the 
proposal; uncertain effects or effects involving ``unique or unknown 
risks; and unresolved conflicts concerning alternative uses of 
available resources.'' (10 CFR 1021.410(b)(2). Consistent with DHS 
Instruction Manual 023-01-001-01, Implementing the National 
Environmental Policy Act (DHS Instruction Manual), DHS will document 
each application of the above-listed CEs and its consideration of 
extraordinary circumstances within the DHS Environmental Planning and 
Historic Preservation Decision Support System.

IV. Consultation With DOE and Determination of Appropriateness

    DHS and DOE consulted on the appropriateness of DHS's adoption of 
the 18 CEs in April 2024. This consultation included a review of DOE's 
experience developing and applying the CEs and the types of actions for 
which DHS plans to utilize the CEs. Based on this consultation and 
review, DHS has determined that the types of projects it intends to 
undertake are substantially similar to such projects for which DOE has 
applied the CEs. Accordingly, the impacts of DHS projects will be 
substantially similar to the impacts of DOE projects, which are not 
significant, absent the existence of extraordinary circumstances. 
Therefore, DHS has determined that DHS's proposed use of the CEs, as 
described within this notice, is appropriate.

V. Notice to the Public and Documentation of Adoption

    This notice serves to identify to the public and document DHS's 
adoption of DOE's categorical exclusions and identifies the types of 
actions to which DHS contemplates applying the CEs at this time; DHS 
may expand use of one or more of the CEs identified above to other 
activities where appropriate, and in accordance with applicable 
conditions for use of the CE. Upon issuance of this notice, the CEs 
will be available to DHS and accessible at www.dhs.gov/national-environmental-policy-act.

Kenneth Burgess,
Acting Deputy Chief Readiness Support Officer, Department of Homeland 
Security.
[FR Doc. 2024-14568 Filed 7-1-24; 8:45 am]
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