Notice2023-28487
Notice of Availability of Draft Programmatic Environmental Assessment for Modernization and Internal Expansion of Existing Semiconductor Fabrication Facilities Under the CHIPS Incentives Program
Primary source
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Published
December 27, 2023
Issuing agencies
Commerce DepartmentNational Institute of Standards and Technology
Abstract
The National Institute of Standards and Technology (NIST) announces the availability of the Draft Programmatic Environmental Assessment (PEA) for the modernization and internal expansion of existing semiconductor fabrication facilities under the CHIPS Incentives Program. The PEA addresses financial assistance for the modernization or internal expansion of existing current-generation and mature-node commercial facilities within their existing footprint throughout the U.S. (the "Proposed Action"). NIST is requesting comments on the Draft PEA.
Full Text
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<title>Federal Register, Volume 88 Issue 247 (Wednesday, December 27, 2023)</title>
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[Federal Register Volume 88, Number 247 (Wednesday, December 27, 2023)]
[Notices]
[Pages 89372-89373]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28487]
[[Page 89372]]
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DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
Notice of Availability of Draft Programmatic Environmental
Assessment for Modernization and Internal Expansion of Existing
Semiconductor Fabrication Facilities Under the CHIPS Incentives Program
AGENCY: National Institute of Standards and Technology, Department of
Commerce.
ACTION: Notice; availability of a draft Programmatic Environmental
Assessment; request for comments.
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SUMMARY: The National Institute of Standards and Technology (NIST)
announces the availability of the Draft Programmatic Environmental
Assessment (PEA) for the modernization and internal expansion of
existing semiconductor fabrication facilities under the CHIPS
Incentives Program. The PEA addresses financial assistance for the
modernization or internal expansion of existing current-generation and
mature-node commercial facilities within their existing footprint
throughout the U.S. (the ``Proposed Action''). NIST is requesting
comments on the Draft PEA.
DATES: Comments must be received on or before January 25, 2024.
ADDRESSES: The PEA will be available for download and review at <a href="https://www.nist.gov/chips/national-environmental-policy-act-nepa">https://www.nist.gov/chips/national-environmental-policy-act-nepa</a> no later
than December 26, 2023, under the heading ``NEPA Public Involvement.''
You may submit comments on this document by the following methods:
Electronic Submission: Submit all electronic public comments via
email to <a href="/cdn-cgi/l/email-protection#bcffd4d5cccff2f9ecfdfcdfd4d5cccf92dbd3ca"><span class="__cf_email__" data-cfemail="f9ba9190898ab7bca9b8b99a9190898ad79e968f">[email protected]</span></a> citing ``Modernization PEA'' in the
subject line. NIST will accept comments in attached Word or PDF formats
or within the body of the email.
By mail: Comments can also be mailed to the CHIPS Incentives
Program at: Department of Commerce; HCHB Room 7419; ATTN: CPO
Environmental Division; 1401 Constitution Ave., Washington, DC 20230.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NIST. All comments received are a part of the
public record; commenters should not include personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information. NIST will accept
anonymous comments. The most helpful comments include a specific
recommendation, explain the reason for any recommended change, and
provide supporting information. NIST will consider all relevant
comments received on or before the closing date.
FOR FURTHER INFORMATION CONTACT: David Frenkel, NIST, telephone number
240-204-1960, email <a href="/cdn-cgi/l/email-protection#226643544b460c6450474c49474e62414a4b52510c454d54"><span class="__cf_email__" data-cfemail="2a6e4b5c434e046c584f44414f466a4942435a59044d455c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NIST has prepared the draft PEA in
accordance with the National Environmental Policy Act (NEPA, 42 U.S.C.
4321 et seq.) and the Council on Environmental Quality's NEPA (CEQ)
implementing regulations (40 CFR parts 1500-1508). The PEA addresses
financial assistance for the modernization or internal expansion of
existing current-generation and mature-node commercial facilities
within their existing footprint throughout the U.S. (the ``Proposed
Action'').
Background
The CHIPS Incentives Program (Program) was authorized by title
XCIX--Creating Helpful Incentives to Produce Semiconductors for America
of the William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Pub. L. 116-283, as amended by the CHIPS Act of
2022 (Division A of Pub. L. 117-167) (the ``CHIPS Act'' or ``Act'').
The Program aims to boost American semiconductor research, development,
and production. The Program is administered by the CHIPS Program Office
(CPO) within NIST. The CHIPS Incentives Program Commercial Fabrication
Facilities Notice of Funding Opportunity (NOFO) was originally
published in February 2023 and amended in June 2023. The amended NOFO
solicits applications for the construction, expansion, or modernization
of commercial facilities for the front- and back-end fabrication of
leading-edge, current-generation, and mature-node semiconductors;
commercial facilities for wafer manufacturing; and commercial
facilities for materials used to manufacture semiconductors and
semiconductor manufacturing equipment, provided that the capital
investment equals or exceeds $300 million. The potential amount
available under the NOFO is up to $38.22 billion for direct funding and
up to $75 billion in direct loan or guaranteed principals. CPO is
responsible for completion of the NEPA process before financial
assistance can be provided.
Draft PEA
The purpose of the Proposed Action is to invest in U.S. production
of strategically important semiconductor chips, and assure a
sufficient, sustainable, and secure supply of older and current
generation chips for national security purposes and for critical
manufacturing industries. As part of this effort, CPO aims to increase
semiconductor manufacturing capacity and strengthen the security of the
U.S. supply chain via the modernization of semiconductor production
within the current footprint of existing eligible current-generation
and mature-node semiconductor fabrication facilities. Such projects
include the replacement or upgrade of existing equipment, the addition
of new semiconductor manufacturing equipment within existing spaces,
and expansion of cleanroom space.
For proposed projects to be covered under the PEA, CPO will
evaluate the project for consistency with the scope of the PEA using an
inclusion analysis document (e.g., memo, form, or checklist). This
analysis document will include the relevant information learned from a
site-specific review and serves as the NEPA analysis documentation for
the administrative record as applied to specific projects. If the
project includes activities outside of the scope of the PEA, then an
additional or tiered NEPA document may be required. The PEA can be used
as a planning tool to support tiered, site-specific analyses by
narrowing the spectrum of environmental impacts to focus on project-
level reviews as needed. The following scenarios describe the possible
application of the PEA to a project and whether additional
environmental review under NEPA is required:
1. All proposed project activities are described in the PEA or the
activities are similar enough to the activities analyzed in the PEA to
support a conclusion that their impacts will not be different from
those described in the PEA; therefore, no additional NEPA review
required;
2. One or more proposed project activities are within the scope of
the PEA and others are not; therefore, additional NEPA review would be
required; and
3. None of the proposed project activities are within the scope of
the PEA; therefore, additional NEPA review would be required.
Authority: This notice is provided pursuant to NEPA and CEQ's NEPA
[[Page 89373]]
implementing regulations (40 CFR 1506.6).
Tamiko Ford,
NIST Executive Secretariat.
[FR Doc. 2023-28487 Filed 12-26-23; 8:45 am]
BILLING CODE 3510-13-P
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