Notice2025-14110

Procedures for Considering Environmental Impacts; Correction

Primary source

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Published
July 28, 2025

Issuing agencies

Commerce Department

Abstract

A July 1, 2025, Notice in the Federal Register entitled "Procedures for Considering Environmental Impacts" announced an update of Department of Commerce (DOC or Department) Administrative Order 216-6, "Implementing the National Environmental Policy Act," (NEPA) and NEPA implementing procedures specific to sub-components of DOC. As part of that Notice, the National Oceanic and Atmospheric Administration (NOAA) solicited comments on proposals to establish new categorical exclusions (CEs) and amend existing CEs. The description of CEs in that Notice included several technical errors. This correction provides revised CE text and a new deadline for public comments.

Full Text

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<title>Federal Register, Volume 90 Issue 142 (Monday, July 28, 2025)</title>
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[Federal Register Volume 90, Number 142 (Monday, July 28, 2025)]
[Notices]
[Pages 35494-35498]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14110]


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Federal Register / Vol. 90, No. 142 / Monday, July 28, 2025 / 
Notices

[[Page 35494]]



DEPARTMENT OF COMMERCE

Office of the Secretary

[Docket No. 250718-0126]
RIN 0690-XR11


Procedures for Considering Environmental Impacts; Correction

AGENCY: Office of the Secretary (OS), Department of Commerce (DOC).

ACTION: Notice of Availability; Request for Comments; Correction.

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SUMMARY: A July 1, 2025, Notice in the Federal Register entitled 
``Procedures for Considering Environmental Impacts'' announced an 
update of Department of Commerce (DOC or Department) Administrative 
Order 216-6, ``Implementing the National Environmental Policy Act,'' 
(NEPA) and NEPA implementing procedures specific to sub-components of 
DOC. As part of that Notice, the National Oceanic and Atmospheric 
Administration (NOAA) solicited comments on proposals to establish new 
categorical exclusions (CEs) and amend existing CEs. The description of 
CEs in that Notice included several technical errors. This correction 
provides revised CE text and a new deadline for public comments.

DATES: To ensure consideration, comments on NOAA's revised proposal to 
establish new and amend existing CEs must be submitted by August 27, 
2025.

ADDRESSES: Please submit your comments by only one of the following 
means, identifying your submission by 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: Katie Renshaw, Chief, Environmental 
Review and Coordination Section, Office of General Counsel, 
<a href="/cdn-cgi/l/email-protection#036862776b66716a6d662d71666d706b6274436d6c62622d646c75"><span class="__cf_email__" data-cfemail="1f747e6b777a6d76717a316d7a716c777e685f71707e7e31787069">[email&#160;protected]</span></a>, (301) 515-0324.

SUPPLEMENTARY INFORMATION:

I. Background

    The July 1, 2025, notice in the Federal Register (90 FR 28717) 
announcing the Department's updates to its NEPA implementing procedures 
specific to sub-components of DOC included several technical errors in 
the description of revised CEs proposed by NOAA. Rather than provide 
only the corrected language, the instant notice provides below the 
entirety of the updated section of the July 1 Notice entitled 
``Proposed Revisions to NOAA Categorical Exclusions; Request for 
Comments.''

II. 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 (January 13, 2017). 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, a review of NOAA's 
operational activities, input from the NOAA NEPA Working Group, and 
legal and mission changes. The changes to the CEs would prioritize 
efficient environmental review in tandem with NOAA's revised NEPA 
procedures.
    This section lists each proposed revision to the text of NOAA's CEs 
and summarizes NOAA's rationale for each proposed revision. 
Modifications to the examples of how to apply CEs are available in the 
substantiation record at <a href="http://www.regulations.gov">http://www.regulations.gov</a> and <a href="http://www.noaa.gov/nepa">www.noaa.gov/nepa</a>. The substantiation record provides a full and detailed discussion 
of and substantiation for each proposed revision to NOAA's CEs. This 
Notice does not discuss any CEs for which NOAA is proposing to modify 
only the examples and not change the scope of the CE.

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. 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 would also cover associated actions 
related to the licenses 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, or 
license modifications, and associated actions under the Land Remote 
Sensing Policy Act (51 U.S.C. 60101-60162) for the operation of private 
remote sensing space system activities.''
E5: Shellfish Outplanting
    This proposed CE would 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 the 
proposed CE are those that employ recommended protocols that prevent 
the introduction of disease, chemicals, toxins, and non-native species; 
safeguard genetic integrity of

[[Page 35495]]

native populations; and conduct their operations in compliance with 
established Federal and state regulatory guidelines and best management 
practices. The CE would 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 would incorporate and adopt language and 
parameters similar to those 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 would 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 text: ``G10: Aircraft operations training 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 several of 
its existing CEs. NOAA has determined these proposed changes do not 
substantively affect the scope or change the meaning of the CEs. NOAA 
is proposing these revisions to correct grammatical errors, eliminate 
duplicative text, provide clarification for practitioners, ensure 
consistency, update examples, and use plain language. The proposed text 
of each of the CEs for which NOAA proposes technical and editorial 
changes are as follows: ``A2: Preparation of a recovery plan pursuant 
to Section 4(f)(1) of the Endangered Species Act (16 U.S.C. 
1553(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 
Section 305(c)(3)(C) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1855(c)(3)(C)) to ensure public health and 
safety.
    ``A6: Review and approval of changes to state coastal management 
programs under Section 306(e) of the Coastal Zone Management Act (16 
U.S.C. 1455(e)) and NOAA's regulations at 15 CFR. Part 923.
    ``B1: Issuance of permits or permit modifications under Section 
10(a)(1)(A) of the Endangered Species Act (ESA) (16 U.S.C. 
1539(a)(1)(A)) for take, import, or 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 Section 104 of 
the Marine Mammal Protection Act (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 Section 10(a)(1)(B) of the Endangered Species Act (16 U.S.C. 
1539(a)(1)(B)).

[[Page 35496]]

    ``B4: Issuance of incidental harassment authorizations under 
Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act (16 
U.S.C. 1371(a)(5)(A) and (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 established permit categories at 15 CFR part 922 
subpart D and that meet the regulatory review criteria at 15 CFR. Part 
922 subpart D, 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 Section 310 of the 
National Marine Sanctuaries Act (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 part 922, subpart D.
    ``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 Presidential 
Proclamation 8031, and named Papah[amacr]naumoku[amacr]kea by 
Presidential Proclamation 8112) permits for activities that are 
included in established permit categories (50 CFR part 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.
    ``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 and the Atlantic Tunas Convention Act. 
This CE is limited to permits that authorize activities that are 
limited in size, magnitude, or duration with no potential for 
significant individual or cumulative impacts.
    ``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), Oil Pollution Act 
(OPA), or National Marine Sanctuaries Act (NMSA), 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 Section 402(d) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1881a(d)).
    ``E2: Social science projects and programs, including economic, 
political science, human geography, demography, and sociology studies.
    ``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.
    ``F5: Installation, operation, maintenance, improvements, repair, 
upgrade, removal, and/or replacement of instruments or instrument 
systems in or on: (1) An existing structure or object (e.g., tower, 
antenna, building, pier, buoy, terrestrial vehicle, or bridge), (2) On 
previously disturbed (e.g., filled, paved, or cleared) ground, or (3) 
On undisturbed ground, if the equipment installation, operation, and 
removal will require no or minimal ground disturbance. Microwave/radio 
communications towers and antennas must be limited to 200 feet in 
height without guy wires.
    ``F6: The determination that real property is excess to the needs 
of NOAA, when the real property is excessed in conformity with General 
Services Administration procedures or is legislatively authorized to be 
excessed.
    ``G1: Routine administrative actions such as (1) program planning, 
direction and evaluation, (2) administrative tasks, services, and 
support including personnel and fiscal management, advisory services, 
document and policy preparation, and records management, and (3) 
development, establishment, or modification of an interagency 
agreement, memorandum of understanding, memorandum of agreement, 
cooperative agreement, or university agreement for administrative 
purposes. This CE does not include any associated activities proposed 
in these documents beyond the administrative task of creating and 
establishing the document. Actions subsequently funded by or undertaken 
pursuant to the approved documents may require additional NEPA review 
at the time those actions are proposed.
    ``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.
    ``G8(a): Activities that take place in existing facilities and are 
purely educational, informational, or advisory to other agencies, 
public and private entities, visitors, individuals, or the general 
public, including meetings, virtual training exercises, and 
simulations.

[[Page 35497]]

    ``G8(b): Activities that take place outside of existing facilities 
and are educational, information, or advisory to other agencies, public 
and private entities, visitors, individuals, or the general public, 
including field training exercises.
    ``H7: Transferring real property to a non-Federal entity, an agency 
other than the General Services Administration, as well as to States, 
local agencies, and Indian Tribes, including return of public domain 
lands to the Department of the Interior.''

Proposed Substantive Changes

    NOAA's review of its CEs determined that the following four CEs 
would benefit from revisions that clarify the scope and applicability 
of the CEs. 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. This section explains the substantive 
revisions NOAA is proposing to its CEs and the rationale for those 
revisions.
A1: Updates to Fishery Management Actions
    NOAA is proposing to amend A1 in order to increase clarity for NOAA 
staff on its scope and purpose. This CE is intended to cover fishery 
management actions under the Magnuson-Stevens Fishery Conservation and 
Management Act that do not substantially change fishing location, 
timing, effort, gear type or harvest levels. This class of fishery 
management actions tends to be changes or corrections to previously 
implemented actions such as technical corrections; changes to reporting 
and notification requirements; changes to provisions for allowable gear 
when transiting through closed areas; setting annual catch limits, 
quotas, retention limits, possession limits, trip limits, or size 
limits; implementation of regional fishery management organization 
decisions that are similar to annual catch or retention limits (e.g., 
authorized harvest levels, adjustments for exceeding or not fully 
harvesting a U.S. catch limit, adjustments for transferring U.S. quota 
to another country per negotiations, adjustments to size limits, 
conservation equivalency); adjustment to catch share program rules 
(e.g., methods of accountability or distribution); and measures 
intended to improve human safety at sea.
    The proposed text 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.''
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 would be 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 would not result in a substantial change in scope 
or applicability from the listed CEs.
    The proposed text is as follows: ``A5: 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 Updates to Research-Related Actions
    NOAA is proposing to create a streamlined E3 CE that combines a 
portion of the E1 CE with the E3, E4, and E5 CEs in an effort to 
consolidate research-related activities. This consolidation would 
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 existing CEs. The past 
several years implementing the 2017 CEs have 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 to not 
have individual or aggregate significant impacts on the human 
environment and the research activities considered are at times a 
single proposed action, NOAA has 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 CEs, 
NOAA is proposing to clarify the bounds of the proposed revised E3 by 
identifying two prerequisites for its use. Specifically, any activities 
covered by the proposed CE would be required to: (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 proposed 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

[[Page 35498]]

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 non-exhaustive list of 
available resources on BMPs and peer-reviewed scientifically accepted 
methods that apply to many of the activities encompassed by this CE.''
    E4: Updates to Aquaculture Research Actions
    The proposed edits to the aquaculture research CE, E8, would 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 would be 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 would not 
extend to aquaculture farms or aquaculture research sites operating in 
marine or coastal waters.
    The proposed 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: July 18, 2025.
David Langdon,
Deputy Director of Policy, Department of Commerce.
[FR Doc. 2025-14110 Filed 7-25-25; 8:45 am]
BILLING CODE 3510-12-P


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