Notice2024-14568
Notice of Adoption of Department of Energy Categorical Exclusions Pursuant to Section 109 of the National Environmental Policy Act
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Published
July 2, 2024
Issuing agencies
Homeland Security Department
Abstract
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.
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<title>Federal Register, Volume 89 Issue 127 (Tuesday, July 2, 2024)</title>
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[Federal Register Volume 89, Number 127 (Tuesday, July 2, 2024)]
[Notices]
[Pages 54850-54854]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="/cdn-cgi/l/email-protection#85efe0ebebece3e0f7abede4f6f6c5edf4abe1edf6abe2eaf3"><span class="__cf_email__" data-cfemail="355f505b5b5c5350471b5d544646755d441b515d461b525a43">[email protected]</span></a>.
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:
<bullet> Removal of asbestos-containing materials from buildings
owned or controlled by DHS and its agency components; and
<bullet> 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:
<bullet> 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
<bullet> 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:
<bullet> 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:
<bullet> 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:
<bullet> Small-scale research and development, conventional
laboratory operations, and pilot projects; and,
<bullet> USCG regularly needs to field test and conduct pilot
projects to ensure that USCG continues to be properly equipped to meet
mission requirements.
<bullet> 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:
<bullet> 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:
<bullet> 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
[[Page 54852]]
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:
<bullet> 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:
<bullet> DHS Components install fiber optic cables at DHS
facilities to support mission operations; and
<bullet> 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:
<bullet> 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:
<bullet> 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:
<bullet> 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:
<bullet> 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:
<bullet> 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:
<bullet> 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:
[[Page 54853]]
<bullet> 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:
<bullet> 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:
<bullet> 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 <a href="http://www.dhs.gov/national-environmental-policy-act">www.dhs.gov/national-environmental-policy-act</a>.
Kenneth Burgess,
Acting Deputy Chief Readiness Support Officer, Department of Homeland
Security.
[FR Doc. 2024-14568 Filed 7-1-24; 8:45 am]
BILLING CODE 9112-FF-P
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