Notice2025-12272
Procedures for Considering Environmental Impacts
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2025
Effective
July 1, 2025
Issuing agencies
Commerce Department
Abstract
The Department of Commerce (DOC or Department) is updating DOC Administrative Order 216-6, "Implementing the National Environmental Policy Act," which outlines the Department's responsibilities for complying with the National Environmental Policy Act (NEPA) and identifies procedures specific to sub-components of DOC that implement NEPA. The updated Order and procedures promote collaboration and efficiencies in the implementation of NEPA and modernize the processes and procedures for environmental review. DOC is not soliciting comments on the updated Order or sub-component NEPA procedures. The National Oceanic and Atmospheric Administration (NOAA) is soliciting comments on its proposal to establish new, and amend its existing, categorical exclusions (CEs) in its agency NEPA implementing procedures.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Notices]
[Pages 28717-28721]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12272]
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DEPARTMENT OF COMMERCE
Office of the Secretary
[Docket No. 250627-0115]
XRIN: 0605-XR011
Procedures for Considering Environmental Impacts
AGENCY: Office of the Secretary (OS), Department of Commerce (DOC).
ACTION: Notice of availability; request for comments.
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SUMMARY: The Department of Commerce (DOC or Department) is updating DOC
Administrative Order 216-6, ``Implementing the National Environmental
Policy Act,'' which outlines the Department's responsibilities for
complying with the National Environmental Policy Act (NEPA) and
identifies procedures specific to sub-components of DOC that implement
NEPA. The updated Order and procedures promote collaboration and
efficiencies in the implementation of NEPA and modernize the processes
and procedures for environmental review. DOC is not soliciting comments
on the updated Order or sub-component NEPA procedures. The National
Oceanic and Atmospheric Administration (NOAA) is soliciting comments on
its proposal to establish new, and amend its existing, categorical
exclusions (CEs) in its agency NEPA implementing procedures.
DATES: All documents identified in this notice are effective July 1,
2025. To ensure consideration, comments on NOAA's proposal to establish
new, and amend its existing, CEs must be submitted by July 31, 2025.
ADDRESSES: Please submit your comments by only one of the following
means, identifying your submission by
[[Page 28718]]
docket number. All electronic submissions must be made to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and follow the online instructions for submitting
comments.
<bullet> Mail: NOAA NEPA Coordinator, 1315 East-West Highway, Room
15877, Silver Spring, MD 20910.
Instructions: All comment submissions must include the agency name,
docket name, and docket number (NOAA-HQ-2025-0207). Note that all
comments received will be posted without change to <a href="http://www.regulations.gov">www.regulations.gov</a>,
including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Peter Viola, Attorney Advisor, Office
of the Assistant General Counsel for Transactions and Program
Management, <a href="/cdn-cgi/l/email-protection#700006191f1c1130141f135e171f06"><span class="__cf_email__" data-cfemail="3242445b5d5e5372565d511c555d44">[email protected]</span></a>, (202) 482-4669.
SUPPLEMENTARY INFORMATION:
I. Background
NEPA requires all Federal agencies to assess the environmental
impact of their actions. 42 U.S.C. 4332(2)(C). The statute establishes
a national environmental policy of the Federal government to use all
practicable means and measures to foster and promote the general
welfare, create and maintain conditions under which man and nature can
exist in productive harmony, and fulfill the social, economic, and
other requirements of present and future generations of Americans. 42
U.S.C. 4331(a). NEPA Section 102(2) establishes the procedural
requirements to carry out the policy stated in Section 101 of NEPA. It
requires Federal agencies to consider the environmental effects of
proposed actions in their decisionmaking and prepare detailed
environmental statements on major Federal actions significantly
affecting the quality of the human environment. 42 U.S.C. 4332(2)(C).
The Fiscal Responsibility Act of 2023 (FRA) was signed into law on
June 3, 2023. The FRA amended NEPA, including limiting the definition
of ``major federal action'' to include an action that an agency
determines is subject to substantial Federal control and
responsibility, limiting the scope of an environmental impact statement
(EIS) review to reasonably foreseeable environmental effects of the
proposed agency action, and limiting the alternatives in an EIS to a
reasonable range of alternatives that are technically and economically
feasible. In addition, the FRA established page and time limits for
environmental assessments (EAs) and EISs, outlined specific roles for
lead agencies, and directed a lead agency to prescribe procedures to
allow a project sponsor to prepare an EA or EIS under the supervision
of the agency. Further, the FRA provided guidelines for the use of
analysis from a prior programmatic environmental review document in a
subsequent document for a specified time period, and a streamlined
process for adopting another agency's categorical exclusions (CEs).
CEQ previously issued regulations at 40 CFR parts 1500-1508 (CEQ
regulations) implementing NEPA that were binding on Federal agencies.
On February 25, 2025, CEQ issued an interim final rule to remove the
existing CEQ regulations, in response to Executive Order (E.O.) 14154,
``Unleashing American Energy.'' The Department has accordingly revised
DAO 216-6 and bureau-level procedures in consultation with CEQ. The
revisions to DAO 216-6 and DOC bureau-level procedures are effective
immediately. As part of revising its NEPA procedures, NOAA has made
changes to its CEs and is requesting public comment on those changes.
CEs are categories of actions that an agency has determined normally do
not have a significant effect on the human environment, individually or
in the aggregate. CEs are a form of review that agencies use to comply
with NEPA for proposed actions that normally have no or minimal
environmental effects.
II. Revision of DOC Bureau-Level NEPA Procedures
DAO 216-6 has been revised to identify the bureaus within the
Department that undertake NEPA reviews and provide general direction
regarding complying with the statute. The Department's bureaus that
undertake NEPA reviews include NOAA, the National Institute of
Standards and Technology, the National Telecommunications and
Information Administration, the Economic Development Administration,
and the First Responder Network Authority. DAO 216-6 provides links to
the NEPA procedures for each of these bureaus, thus providing a single
source for applicants or other individuals seeking information on
bureau-level NEPA procedures. The revised DAO 216-6 and bureau-level
procedures update terminology for consistency with modern NEPA
practice, including the definition of ``major Federal action'', and
remove references to the rescinded CEQ regulations; allow reliance on
previously prepared EISs, EAs, and CEs; and set forth procedures for
using applicant-prepared and programmatic environmental documents.
III. Proposed Revisions to NOAA Categorical Exclusions; Request for
Comments
In 2017, NOAA finalized its most recent revision to its NEPA
procedures, including a wholesale overhaul of NOAA's CEs, covering
categories of actions that normally do not have a significant effect on
the human environment, individually or in the aggregate, and therefore
do not require preparation of an EA or EIS. 42 U.S.C. 4336(b)(2),
4336c, 4336e(1); 82 FR 4306. As part of the review of its agency NEPA
procedures, NOAA has also reviewed and is proposing revisions to its
categorical exclusions. This proposal is based on NOAA's experience
implementing these CEs, on a review of NOAA's operational activities,
based on input from the NOAA NEPA Working Group, legal and mission
changes, and in order to prioritize efficient environmental review in
tandem with NOAA's revised NEPA procedures.
This section lists each proposed revision to NOAA's CEs and
summarizes NOAA's rationale for each proposed revision. For a detailed
discussion of and substantiation for each proposed revision to NOAA's
CEs, please refer to the substantiation record available at
<a href="http://www.regulations.gov">www.regulations.gov</a> and <a href="http://www.noaa.gov/nepa">www.noaa.gov/nepa</a>.
Proposed New Categorical Exclusions
B13: Licensing of Private Remote Sensing Space Systems
NOAA is proposing a new CE to cover remote sensing licensing
actions in response to regulatory and program changes under the Land
Remote Sensing Policy Act (LRSPA), 51 U.S.C. 60101-60162, and its
implementing regulations at 15 CFR part 960 following the update to
NOAA's NEPA procedures in 2017. The proposed new CE would cover the
issuance of licenses under the LRSPA by the Commercial Remote Sensing
Regulatory Affairs (CRSRA) division of NOAA's Office of Space Commerce
for private entities to operate space-based private remote sensing
space systems. The CE will also cover associated actions related to the
license such as the imposition of license conditions, shutter control
directives issued in the interests of national security; the
modification of such licenses, and disposal of the system ``in a manner
satisfactory to the President.''
Proposed CE text: ``B13: Issuance of licenses, conditions, license
modifications, and associated actions under the Land Remote Sensing
Policy
[[Page 28719]]
Act, 51 U.S.C. 60101-60162, for the operation of private remote sensing
space system activities.''
E5: Shellfish Outplanting
This proposed CE will cover the limited collection of shellfish
from healthy, abundant wild populations using minimally invasive
procedures and resulting in collection of few animals relative to the
overall wild population. The farms and lease sites covered by proposed
CE are those that employ recommended protocols that prevent the
introduction of disease, chemicals, toxins, and non-native species,
safeguard genetic integrity of native populations, and conduct their
operations in compliance with established Federal and state regulatory
guidelines and best management practices. The CE will cover small-
scale, limited research that does not involve the introduction or use
of new or modified gear, use of new or non-approved chemical compounds
or chemicals, introduction of a species not previously present within
the waterbody, an increase in the operational footprint of an existing
farm or lease site, or the creation of a new commercial aquaculture
farm or research lease site.
Proposed CE text: ``E5: Research involving the limited collection
and placement of native, naturalized, or shellfish species already
found in the watershed (``outplanting''). This CE covers a limited
collection of shellfish from healthy, abundant wild populations using
minimally invasive procedures and resulting in collection of few
animals relative to the overall wild population. This CE covers
outplanting on existing commercial aquaculture farms or aquaculture
research lease sites or in an established Floating Upweller System
(FLUPSY) for experimental purposes. The farms and lease sites covered
by this CE are those that employ recommended protocols that prevent the
introduction of disease, chemicals, toxins, and non-native species,
safeguard genetic integrity of native populations, and conduct their
operations in compliance with established Federal and state regulatory
guidelines and best management practices. This CE covers small-scale,
limited research that does not involve the introduction or use of new
or modified gear, use of new or non-approved chemical compounds or
chemicals, a species not previously present within the waterbody, an
increase in the operational footprint of an existing farm or lease
site, or the creation of a new commercial aquaculture farm or research
lease site.''
F8: Release Response and Cleanup
NOAA is proposing to add a new CE to cover environmental
assessment, response, and cleanup for real property management purposes
at sites and facilities that NOAA is responsible for managing. This CE
will ensure increased effective response and management across NOAA
properties while bringing NOAA's program into alignment with similar
management regimes at sister agencies.
Proposed CE text: ``F8: Activities related to release response and
cleanup from releases for which NOAA is responsible. This includes, but
is not limited to, release response activities, site characterization
studies, and environmental monitoring (including sampling, analytical
testing, waste disposal, siting, construction, operation, surveying, as
well as installation and decommissioning of characterization and
monitoring devices).''
G10, G11, & G12: Aircraft Operations
NOAA's Office of Marine and Aviation Operations (OMAO) manages and
operates NOAA's fleet of fifteen research and survey ships and ten
specialized environmental data-collecting aircraft. NOAA aircraft
operate throughout the world providing a wide range of capabilities
including hurricane reconnaissance and research, marine mammal and
fisheries assessment, and coastal mapping. NOAA aircraft carry
scientists and specialized instrument packages to conduct research for
NOAA's missions.
These proposed CEs incorporate and adopt similar language and
parameters established by other agencies that operate and maintain
aircraft fleets, such as the U.S. Air Force and U.S. Navy. NOAA is
proposing these CEs in order to ensure NEPA coverage for routine use of
aircraft in NOAA's missions. NOAA's existing CEs are limited to the use
of systems to collect data and the repositioning of assets, not fully
covering the broad scope of NOAA's aviation missions. These CEs fill
this gap by extending CE coverage to OMAO's training operations,
special use airspace requests, airfield procedures, and routine use of
aircraft for both operational and support purposes. In addition to
bringing NOAA's CE use into alignment with other operational agencies,
these CEs will help ensure mission readiness across NOAA's aircraft
fleet.
Proposed CE texts: ``G10: Aircraft operation trainings conducted on
or over nonmilitary land or water areas, where such training is
consistent with the type and tempo of existing non-military airspace,
land and water use.''
``G11: Formal requests to the Federal Aviation Administration, or
host-nation equivalent agency, to establish or modify special use
airspace.''
``G12: Adopting airfield approach, departure, and en route
procedures that are less than 3,000 feet above ground level and that
also do not route air traffic over noise-sensitive areas, including
residential neighborhoods or cultural, historical, and outdoor
recreational areas.''
Proposed Technical and Editorial Changes
NOAA is proposing technical and editorial corrections to the
following twenty-two CEs. NOAA has determined these proposed changes do
not substantively affect the scope or change the meaning of the CE.
NOAA is making these revisions to correct grammatical errors, eliminate
duplicative text, provide clarification for practitioners, ensure
consistency, update examples, and use plain language.
The revised text of these CEs is as follows:
``A1: A fishery management action, including those that change
regulations, which does not result in a substantial change in any of
the following: fishing location, timing, effort, authorized gear types,
or harvest levels.
A2: Preparation of a recovery plan pursuant to the Endangered
Species Act Sec. 4(f)(1), 16 U.S.C. 1533(f)(1). Such plans are
advisory documents that provide consultative and technical assistance
in recovery planning and do not implement site-specific or species-
specific management actions. However, implementation of specific tasks
identified in a recovery plan may require additional NEPA analysis
depending on the nature of the action.
A3: Temporary fishery closures or extensions of closures under the
Magnuson-Stevens Fishery Conservation and Management Act, Sec.
305(c)(3)(C), 16 U.S.C. 1855(c)(3)(C), to ensure public health and
safety.
A4: Minor updates to existing national marine sanctuary management
plans. This CE does not apply to sanctuary designations, expansions,
changes in terms of designation, or new sanctuary management plans.
A6: Review and approval of changes to state coastal management
programs under the Coastal Zone Management Act Sec. 306(e), 16 U.S.C.
1455(e), and NOAA's regulations at 15 CFR pt. 923.
B1: Issuance of permits or permit modifications under Endangered
Species Act (ESA) Sec. 10(a)(1)(A), 16 U.S.C. 1539(a)(1)(A), for take,
import, or
[[Page 28720]]
export of endangered species for scientific purposes or to enhance the
propagation or survival of the affected species, or in accordance with
the requirements of an ESA Section 4(d) regulation for threatened
species.
B2: Issuance of permits or permit amendments under the Marine
Mammal Protection Act Sec. 104, 16 U.S.C. 1374, for take or import of
marine mammals for scientific research, enhancement, commercial or
educational photography or public display purposes; and issuance of
Letters of Confirmation under the General Authorization for scientific
research involving only Level B harassment.
B3: Issuance of, and amendments to, ``low effect'' Incidental Take
Permits and their supporting ``low effect'' Habitat Conservation Plans
under the Endangered Species Act Sec. 10(a)(1)(B), 16 U.S.C.
1539(a)(1)(B).
B4: Issuance of incidental harassment authorizations under the
Marine Mammal Protection Act Sec. 101(a)(5)(A), (D), 16 U.S.C.
1371(a)(5)(A), (D), for the incidental, but not intentional, take by
harassment of marine mammals during specified activities and for which
no serious injury or mortality is anticipated.
B5: Issuance of, or amendments to, general permits for activities
that are included in the established permit categories at 15 CFR
922.30-922.37, that meet the regulatory review criteria at 15 CFR
922.30-922.37, and any applicable site-specific regulations.
B6: Issuance of, or amendments to, special use permits for
activities in a national marine sanctuary that are necessary to
establish conditions of access to and use of any sanctuary resource or
promote public use and understanding of a sanctuary resource and must
be conducted in a manner that does not destroy, cause the loss of, or
injure sanctuary resources in accordance with the National Marine
Sanctuaries Act Sec. 310, 16 U.S.C. 1441.
B7: Issuance of, or amendments to, authorizations for activities
allowed by a valid federal, regional, state, local or tribal government
approval (e.g., leases, permits, and licenses) issued after the
effective date of designation or expansion, so long as such
authorizations are based upon a consideration of the regulatory review
criteria at 15 CFR 922.30-922.37.
B8, Issuance of, or amendments to, certifications for pre-existing
activities authorized by a valid federal, regional, state, local, or
tribal government approval (e.g., leases, permits, and licenses) or
rights of subsistence use or access in existence on the effective date
of the final regulations for a designation or revised terms of
designation of any national marine sanctuary where the Office of
National Marine Sanctuaries issues terms and conditions that are either
ministerial or prescribe avoidance, minimization, or mitigation
measures.
B9: Issuance of, or amendments to Papah[amacr]naumoku[amacr]kea
Marine National Monument (as originally established by Proclamation No.
8031, 71 FR 36,443 (June 26, 2006) and named
Papah[amacr]naumoku[amacr]kea by Proclamation No. 8112, 72 FR 10031
(March 6, 2007)) permits for activities that are included in
established permit categories (50 CFR pt. 404) and that meet the
regulatory review criteria (50 CFR 404.11), that limit any potential
impacts so that the proposed activity will be conducted in a manner
compatible with the monument's primary objective of resource
protection.
B10: Issuance of, or amendments to, Papah[amacr]naumoku[amacr]kea
Marine National Monument special ocean use permits for activities or
use of the monument that are engaged in to generate revenue or profits
for one or more of the persons associated with the activity or use, and
do not destroy, cause the loss of, or injure monument resources.
B11: Issuance of, or amendments to permits or authorizations for
activities that are conducted within Marine National Monuments other
than Papah[amacr]naumoku[amacr]kea that are limited in scope so that
the potential impacts of the proposed activities will be conducted in a
manner compatible with a monument's primary objective of resource
protection, and do not destroy, cause the loss of, or injure monument
resources.
B12: Issuance of Exempted Fishing Permits, Scientific Research
Permits, and other permits for research that may impact species
regulated under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act, 16 U.S.C. 1801-1884, and the Atlantic
Tunas Convention Act, 16 U.S.C. 971-971k. This CE is limited to permits
that authorize activities that are limited in size, magnitude, or
duration.
C1: Habitat restoration actions, provided that such action: (1)
Transplants only organisms currently or formerly present at the site or
in its immediate vicinity (if transplant is a component of the action);
(2) Does not require substantial placement of fill or dredging; (3)
Does not involve any removal of debris, excavation, or conditioning of
soils unless such removal of debris, excavation, or conditioning of
soils is geographically limited to the impact area such that site
conditions will not impede or negatively alter natural processes, is in
compliance with all permit and disposal requirements, and will not
impact aquifers or recharge areas; and (4) Does not involve an added
risk of human or environmental exposure to toxic or hazardous
substances, pathogens, or radioactive materials.
Note on the application of C1: If applicable, limitations and
mitigation measures identified in the NOAA Restoration Center
Programmatic Environmental Impact Statement for Habitat Restoration
Actions must be followed. This CE includes, but is not limited to,
response or restoration actions under the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-
9628, the Oil Pollution Act (OPA), 33 U.S.C. 2701-2761, or the National
Marine Sanctuaries Act (NMSA), 16 U.S.C. 1431-1445a, if such actions
help to restore an ecosystem, habitat, biotic community, or population
of living resources to a determinable pre-impact condition prior to the
incident leading to the response or restoration. The decision maker
should consider the scope and scale of response and restoration actions
proposed under CERCLA, OPA, or NMSA, which may preclude the use of this
CE.
D2: Provision of a grant, a contract or other financial assistance
to a State, Fishery Management Council, or Marine Fisheries Commission
under the Magnuson-Stevens Fishery Conservation and Management Act
Sec. 402(d), 16 U.S.C. 1881a(d).
E6: Research that involves the development and testing of new and
modified fishing gear and technology in order to reduce adverse effects
from fishing gear on non-target species, and is limited in size,
magnitude, or duration.
G2: Routine movement of mobile assets, such as vessels and
aircraft, for homeport reassignments or repair/overhaul, where no new
support facilities are required.
G5: Enforcement operations conducted under statutory mandate. This
does not include bringing judicial or administrative civil or criminal
enforcement actions which are outside the scope of NEPA.''
Proposed Substantive Changes
NOAA's review of its CEs determined that certain existing CEs would
benefit from revisions that clarified the scope and applicability of
the CE. Internal discussions also resulted in many instances in the
addition or revision of examples provided for the CEs for the benefit
of NOAA NEPA practitioners.
[[Page 28721]]
This section explains the substantive revisions NOAA made to its
proposed CEs and the rationale for those revisions.
A5: Updates to National Estuarine Research Reserve Actions
NOAA is proposing to amend A5 to allow for National Estuarine
Research Reserve (NERR) boundary changes so long as certain conditions
are met. Additionally, the CE is limited in that it does not apply to
new NERR management plans, the addition of a new component to the NERR,
or to the execution of any specific action subsequently funded to
support the updated NERR management plan. The proposed changes and
revisions do not result in a substantial change in scope or
applicability from the listed 2017 CEs.
The revised text is as follows: ``A4: Updates to existing National
Estuarine Research Reserve (NERR) management plans and boundary
changes, as long as these changes do not significantly change allowable
uses, uses requiring a permit, or restrictions on uses.This CE includes
changes to the NERR boundary where the following conditions are met:
(1) The boundary change meets site selection and feasibility criteria.
15 CFR 921.11; (2) The proposed management of the properties is
consistent with the NERRS regulations. 15 CFR 921.1, 921.13; and (3)
The state has adequate state control over the parcels. 15 CFR
921.30(a). This CE does not apply to management plans for newly
designated NERRs, the addition of a new component to a multiple-site
NERR, or to the execution of any specific action subsequently funded by
NOAA to support the updated NERR management plan.''
E1* & E3
NOAA is proposing to create a streamlined and combined E-series CE
E3 that combines a portion of the 2017 E1 CE with the 2017 E3, E4, and
E5 CEs in an effort to consolidate research-related activities
together. This consolidation will increase certainty and efficiency in
practice and align NOAA's NEPA procedures more closely to other
agencies' NEPA procedures, which often only have a single research
related CE. This change is not intended to change the scope of actions
covered under the E-series CEs. The past several years implementing the
2017 CEs has revealed practical inefficiencies and confusion around
selecting the appropriate research-related CE--between E1, which
largely focused on laboratory-based activities; E3, which largely
focused on nondestructive data collection techniques; E4, which largely
focused on the observation of living resources, without physical
contact; and E5, which largely focused on physical interaction with
living resources. It was not uncommon for a proposed action to involve
activities that fell within the gambit of more than one of these
research-related CEs. Because the activities under each of these CEs
have already been determined by NOAA in its existing NEPA Procedures to
not have individual or cumulative significant impacts on the human
environment and the research activities considered are at times a
single proposed action, NOAA determined it is appropriate to combine E1
(in part), E3, E4, and E5 into a single research-related CE. The
consolidation of E1 (in part), E3, E4, and E5 will rectify the
unnecessary administrative burden present in the current NOAA NEPA
Procedures and reduce uncertainty, increase efficiency, and ensure
compliance with NEPA when applying CEs. Although this change is not
intended to change the scope of actions covered under the 2017 E-series
CEs, NOAA is proposing to clarify the bounds of the proposed revised E3
by identifying two prerequisites for its use. Specifically, the
activities must: (1) use scientifically accepted best management
practices (BMPs) or peer-reviewed scientifically accepted methods that
minimize impacts, as applicable, and (2) avoid locations or times that
would normally result in long-term adverse ecosystem impacts. These
changes, along with a new definition of ``long-term adverse ecosystem
impacts'' and examples of best management practices in the
substantiation record, are intended to elucidate the types of
``methodologies and locations to ensure that there are no long-term
adverse impacts to ecosystems'' that were considered in the 2017
version of E5.
The revised text is as follows: ``E1*: Computational and dry
laboratory activities including data input and analysis; database and
software development and maintenance; virtual simulations and modeling;
and bench-scale fabrication, development, calibration, and testing of
prototypes.''
``E3: Scientific research activities that involve: field
observation, measurements, or surveys; collecting, analyzing,
processing, or archiving samples or data; capturing, handling, marking,
or tagging living specimens; or any combination thereof.
This CE applies so long as the activities: (1) use scientifically
accepted best management practices (BMPs) or peer-reviewed
scientifically accepted methods that minimize impacts, as applicable,
and (2) avoid locations or times that would normally result in long-
term adverse ecosystem impacts. Long-term adverse ecosystem impacts
means an impact that persists after the project has concluded that
alters or disrupts ecosystem functioning, such as modifying species
behavioral patterns or altering habitat functions. The Administrative
Record to this CE presents a nonexhaustive list of available resources
on BMPs and peer-reviewed scientifically accepted methods that apply to
many of the activities encompassed by this CE.''
E4: Aquaculture Research
The proposed edits to the 2017 aquaculture research CE, E8, will
reduce unnecessary administrative burden for aquaculture activities
with no potential for significant impacts to the human environment,
reduce uncertainty, increase efficiency, and ensure compliance with
NEPA. This CE is limited to research activities conducted at land-based
facilities and does not extend to operations of the facility that are
independent of research activities. The scope of this CE does not
extend to aquaculture farms or aquaculture research sites operating in
marine or coastal waters.
The revised text is as follows: ``E4: Biological, chemical, food
production, ecological, or toxicological research conducted in an
established, land-based mesocosm or aquaculture facility (e.g.,
recirculating aquaculture system, biofloc system, hatchery) that
employs recommended protocols providing for containment and disposal of
waste, chemicals, toxins, non-native species, etc., in compliance with
established Federal and state regulatory guidelines, and best
management practices.''
NOAA requests comments from the public on its proposed revisions to
existing CEs and new CEs. NOAA also invites comment on the
substantiation record and supporting materials it has prepared to
substantiate this proposal. The agency will consider input from the
public and consult with CEQ for a conformity determination before
finalizing its proposal.
Dated: June 27, 2025.
David Langdon,
Deputy Director, Office of Policy and Strategic Planning, Department of
Commerce.
[FR Doc. 2025-12272 Filed 6-30-25; 8:45 am]
BILLING CODE 3510-DT-P
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