Notice2026-03109
Categorical Exclusion Adoption Public Notice
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
February 18, 2026
Effective
February 18, 2026
Issuing agencies
National Aeronautics and Space Administration
Abstract
In accordance with Section 109 of the National Environmental Policy Act (NEPA), NASA is adopting one or more categorical exclusions (CATEXs) established by the Federal Rail Administration (FRA), Department of Energy (DOE), National Telecommunications and Information Administration (NTIA), U.S. Coast Guard (USCG), U.S. Forest Service (USFS), Department of the Army (DA), Department of the Air Force (DAF), Department of the Navy, Missile Defense Agency (MDA), Defense Threat Reduction Agency (DTRA) and Federal Bureau of Investigation (FBI). These CATEXs cover actions of the same nature and scope as those originally reviewed by the originating agency or agencies. NASA has determined that applying them to similar NASA activities is appropriate and consistent with NEPA. This notice describes the categories of proposed actions for which NASA intends to use the CATEXs and describes the consultation between the agencies.
Full Text
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<title>Federal Register, Volume 91 Issue 32 (Wednesday, February 18, 2026)</title>
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[Federal Register Volume 91, Number 32 (Wednesday, February 18, 2026)]
[Notices]
[Pages 7535-7540]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03109]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[NASA Document Number: 26-011]
Categorical Exclusion Adoption Public Notice
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Notice of adoption of categorical exclusions.
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SUMMARY: In accordance with Section 109 of the National Environmental
Policy Act (NEPA), NASA is adopting one or more categorical exclusions
(CATEXs) established by the Federal Rail Administration (FRA),
Department of Energy (DOE), National Telecommunications and Information
Administration (NTIA), U.S. Coast Guard (USCG), U.S. Forest Service
(USFS), Department of the Army (DA), Department of the Air Force (DAF),
Department of the Navy, Missile Defense Agency (MDA), Defense Threat
Reduction Agency (DTRA) and Federal Bureau of Investigation (FBI).
These CATEXs cover actions of the same nature and scope as those
originally reviewed by the originating agency or agencies. NASA has
determined that applying them to similar NASA activities is appropriate
and consistent with NEPA. This notice describes the categories of
proposed actions for which NASA intends to use the CATEXs and describes
the consultation between the agencies.
DATES: The categorical exclusion adoption is effective February 18,
2026.
FOR FURTHER INFORMATION CONTACT: Nick Murdock, NASA Headquarters,
Environmental Management Division, National Aeronautics and Space
Administration (NASA), by phone at 321-338-6816 or by email at
<a href="/cdn-cgi/l/email-protection#3e50575d5651525f4d105f10534b4c5a515d557e505f4d5f10595148"><span class="__cf_email__" data-cfemail="96f8fff5fef9faf7e5b8f7b8fbe3e4f2f9f5fdd6f8f7e5f7b8f1f9e0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
NEPA and CATEXs
NEPA, 42 U.S.C. 4321-4347, as amended, requires all Federal
agencies to assess the environmental impact 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 importance of restoring and maintaining environmental
quality to the overall welfare of humankind. NEPA's twin aims are to
ensure agencies consider the environmental effects of their proposed
actions in decision-making processes and to inform and involve the
public in those processes.
In accordance with NEPA, agencies determine the appropriate level
of environmental review--an environmental impact statement (EIS),
environmental assessment (EA), or categorical exclusion (CATEX). If a
proposed action is likely to have reasonably foreseeable significant
effects, the agency must prepare an EIS and document its decision in a
record of decision. If the proposed action is not likely to have
reasonably foreseeable significant environmental effects or if the
effects are unknown, the agency may prepare an EA, which involves a
more concise analysis and process than an EIS. Following the EA, if the
action will have no significant effects, the agency issues a finding of
no significant impact. However, if the EA shows likely significant
effects that cannot be mitigated, an EIS is required.
Under NEPA, a federal agency may also establish CATEXs--categories
of actions that normally do not have significant effects on the quality
of the human environment--in their agency NEPA procedures. If a
proposed action falls within a CATEX, the agency evaluates whether any
extraordinary circumstances exist that indicate a normally excluded
agency action is likely to have a reasonably foreseeable significant
adverse effect. If no such circumstances exist, the CATEX can be
applied without further NEPA review. If extraordinary circumstances are
present that cannot be mitigated, an EA or EIS may be required.
Section 109 of NEPA allows a federal agency to adopt or use another
agency's (``establishing agency'') CATEX for a category of proposed
actions. To do so, the adopting agency must identify the relevant CATEX
from the other agency's NEPA procedures that covers its proposed
actions; consult with the establishing agency to ensure appropriateness
of the adoption; notify the public of the CATEX adoption; and document
the adoption.
This notice documents and notifies the public of NASA's adoption of
18 CATEXs established by other federal agencies to use in NASA's
programs and funding opportunities. The adopted CATEXs include: B3.11,
B4.12, B5.5, and B5.16 established by the DOE at Appendix B to Part
1021, Title 10 and in Appendix B of DOE's NEPA Implementing Procedures;
\1\ L22 and L23 established by the USCG at Table 3-1 of the
Environmental Planning Implementing Procedures; (c)(20) and (c)(21)
established by the FRA at 23 CFR 771.116; USDA-40d-USFS established by
the USFS; CATEX 13, CATEX 18 and CATEX 19 established by the MDA at
Appendix A of the Department of Defense (DoD) NEPA Implementing
Procedures; CATEX 21 established by the DTRA at Appendix A of the
Department of Defense (DoD) NEPA Implementing Procedures; CATEX 8 and
CATEX 12 established by the DAF at
[[Page 7536]]
Appendix A of the Department of Defense (DoD) NEPA Implementing
Procedures; CATEX 23 established by the DON at Appendix A of the
Department of Defense (DoD) NEPA Implementing Procedures; B-4
established by the NTIA at Guidance on NTIA National Environmental
Policy Act Compliance; and (R5) established by the FBI at Appendix E to
Part 61, Title 28.
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\1\ <a href="https://www.energy.gov/nepa/articles/doe-nepa-implementing-procedures-june-2025">https://www.energy.gov/nepa/articles/doe-nepa-implementing-procedures-june-2025</a>
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II. Identification of the Categorical Exclusions
NASA has identified the following CATEXs for adoption:
DOE Categorical Exclusions for Adoption
NASA has identified B3.11 at Appendix B to Part 1021, Title 10 for
adoption, ``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.'' NASA intends to use the CATEX for vehicle and
propellant drop tests, which are essential for validating landing
systems of spacecraft and aircraft, cryogenic fuel behavior,
microgravity research, impact modeling, and structural integrity.
NASA has identified B4.12 at Appendix B to Part 1021, Title 10 for
adoption, ``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.'' NASA intends to use the CATEX for upcoming power projects at
multi-user spaceports with continuously changing power needs that would
include new transmission line infrastructure (electric lines,
substations, transformers, etc.) to support launch activities and their
associated infrastructure (manufacturing, administration, and
processing facilities, etc.).
NASA has identified B5.5 at Appendix B to Part 1021, Title 10 for
adoption, ``Construction and subsequent operation of short (generally
less than 20 miles in length) pipeline segments conveying materials
(such as air, brine, carbon dioxide, geothermal system fluids, hydrogen
gas, natural gas, nitrogen gas, oil, produced water, steam, and water)
between existing source facilities and existing receiving facilities
(such as facilities for use, reuse, transportation, storage, and
refining), provided that the pipeline segments are within previously
disturbed or developed rights-of-way.'' NASA intends to use the CATEX
for the construction and maintenance of pipelines supporting launch
operations, including gas lines conveying materials to launch complexes
and processing facilities from gas farms and other source facilities.
This CATEX would also be applicable to the construction, replacement,
and maintenance of chilled and hot water lines. These activities would
be conducted entirely within the existing operational right-of-way.
NASA has identified B5.16 at Appendix B to Part 1021, Title 10 for
adoption, ``(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 this part, 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.'' NASA intends to use the CATEX to expedite
ongoing photovoltaic projects (e.g., Energy Savings Performance
Contracts).
USCG Categorical Exclusions for Adoption
NASA has identified L22 at Table 3-1 of the Environmental Planning
Implementing Procedures for adoption, ``Determination by the Coast
Guard that Coast Guard controlled personal property, including vessels
and aircraft, is ``excess property'', as that term is defined in the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
472(e)), and any subsequent transfer of such property to another
federal agency's administrative control or conveyance of the United
States' title in such property to a non-federal entity.'' NASA intends
to use the CATEX for the transfer of aging aircraft and vessels upon
their decommissioning and discontinued use.
NASA has identified L23 at Table 3-1 of the Environmental Planning
Implementing Procedures for adoption, ``Decisions to decommission or
temporarily discontinue use of equipment: *L23(a) Decisions to
decommission or temporarily discontinue use of vessels and aircraft.
This does not preclude the need to review decommissioning under Section
106 of the National Historic Preservation Act. L23(b) Decisions to
decommission or temporarily discontinue use of equipment, not including
vessels or aircraft. This does not preclude the need to review
decommissioning under Section 106 of the National Historic Preservation
Act.'' NASA intends to use the CATEX for the decommissioning and
discontinued use of aging aircraft and vessels. Because this CATEX has
a higher possibility of involving extraordinary circumstances, NASA
requires a REC to be prepared to document the consideration of those
circumstances.
FRA Categorical Exclusions for Adoption
NASA has identified (c)(20) at 23 CFR 771.116 for adoption,
``Environmental restoration, remediation, pollution prevention, and
mitigation activities conducted in conformance with applicable laws,
regulations and permit requirements, including activities such as noise
mitigation, landscaping, natural resource management activities,
replacement or improvement to storm water oil/water separators,
installation of pollution containment systems, slope stabilization, and
contaminated soil removal or remediation activities.'' NASA intends to
use the CATEX for sites with ongoing remediation activities.
NASA has identified (c)(21) at 23 CFR 771.116 for adoption,
``Assembly or construction of facilities or stations that are
consistent with existing land use and zoning requirements, do not
result in a major change in traffic density on existing rail or highway
facilities, and result in approximately less than ten acres of surface
disturbance, such as storage and maintenance facilities, freight or
passenger loading and unloading facilities or stations, parking
facilities, passenger platforms, canopies, shelters, pedestrian
overpasses or underpasses, paving, or landscaping.''
[[Page 7537]]
NASA intends to use the CATEX for future upgrades as part of master
planning efforts such as wildlife corridors, culvert upgrades, and
landscaping expansions.
USFS Categorical Exclusion for Adoption
NASA has identified USDA-40d-USFS adoption, ``Restoring wetlands,
streams, riparian areas or other water bodies by removing, replacing,
or modifying water control structures such as, but not limited to,
dams, levees, dikes, ditches, culverts, pipes, drainage tiles, valves,
gates, and fencing, to allow waters to flow into natural channels and
floodplains and restore natural flow regimes to the extent practicable
where valid existing rights or special use authorizations are not
unilaterally altered or canceled. Examples include but are not limited
to: (i) Repairing an existing water control structure that is no longer
functioning properly with minimal dredging, excavation, or placement of
fill, and does not involve releasing hazardous substances; (ii)
Installing a newly-designed structure that replaces an existing culvert
to improve aquatic organism passage and prevent resource and property
damage where the road or trail maintenance level does not change; (iii)
Removing a culvert and installing a bridge to improve aquatic and/or
terrestrial organism passage or prevent resource or property damage
where the road or trail maintenance level does not change; and (iv)
Removing a small earthen and rock fill dam with a low hazard potential
classification that is no longer needed..'' NASA intends to use the
CATEX for repairing, replacing, or modifying existing water control
structures to restore natural flow regimes to the extent practicable.
MDA Categorical Exclusions for Adoption
NASA has identified CATEX 13 established by the MDA at Appendix A
of the Department of Defense (DoD) NEPA Implementing Procedures for
adoption, ``Acquisition, installation, modification, routine repair and
replacement, and operation of utility (e.g., water, sewer, and
electrical) and communication systems, mobile antennas, data processing
cable and similar electronic equipment that use existing rights-of-way,
easements, distribution systems, facilities, or previously disturbed
land (REC required).'' NASA intends to use the CATEX for the
replacement of aging infrastructure, including updating and installing
systems, electric grid upgrades, antenna replacements, and sewer line
upgrades.
NASA has identified CATEX 18 established by the MDA at Appendix A
of the Department of Defense (DoD) NEPA Implementing Procedures for
adoption, ``New construction or equipment installation or alterations
(interior and exterior) to or construction of an addition to an
existing structure that is similar to existing land use if the area to
be disturbed has no more than 5.0 cumulative acres of new surface
disturbance. The following conditions must be met a. The structure and
proposed use are compatible with applicable Federal, tribal, state, and
local planning and zoning standards. b. The site and scale of
construction or improvement is consistent with those of existing,
adjacent, or nearby buildings. c. The construction or improvement will
not result in uses that exceed existing support infrastructure
capacities (roads, sewer, water, parking, etc.).'' NASA intends to use
the CATEX for implementing master plans, including consolidation of
separate use buildings into multi-function buildings.
NASA has identified CATEX 19 established by the MDA at Appendix A
of the Department of Defense (DoD) NEPA Implementing Procedures for
adoption, ``Demolition of non-historic buildings, structures, or other
improvements and repairs that result in disposal of debris therefrom,
or removal of a part thereof for disposal, in accordance with
applicable regulations, including those regulations applying to removal
of ACM, PCBs, LBP, and other special hazard items (REC required). (See
TAB D)'' NASA plans to utilize the CATEX for several long-term projects
originally outlined in center-specific Master Plans. Many of these
projects involve asbestos abatement, and adopting this CATEX will help
streamline NEPA compliance for those efforts.
Defense Threat Reduction Agency
NASA has identified CATEX 21 established by the DTRA at Appendix A
of the Department of Defense (DoD) NEPA Implementing Procedures for
adoption, ``Routine installation and use of radars, telemetry systems,
communications equipment, and other essentially similar facilities and
equipment within a launch facility, mobile platform, military
installation, training area, or previously disturbed area that conform
to current American National Standards Institute/Institute of
Electrical and Electronics Engineers (ANSI/IEEE) guidelines for maximum
permissible exposure to electromagnetic fields.'' NASA intends to use
the CATEX for the installation of small radar systems for research
purposes, including the local tracking of aircraft and unmanned aerial
systems.
DAF Categorical Exclusions for Adoption
NASA has identified CATEX 8 established by the DAF at Appendix A of
the Department of Defense (DoD) NEPA Implementing Procedures for
adoption, ``Performing interior and exterior construction within the 5-
foot line of a building without changing the land use of the existing
building.'' NASA intends to use the CATEX for the installation of
tanks, generators, utility boxes, other ancillary and support systems,
and equipment associated with existing buildings.
NASA has identified CATEX 12 established by the DAF at Appendix A
of the Department of Defense (DoD) NEPA Implementing Procedures for
adoption, ``Installing, operating, modifying, and routinely repairing
and replacing utility and communications systems, data processing
cable, and similar electronic equipment that use existing rights of
way, easements, distribution systems, or facilities.'' NASA intends to
use the CATEX for repair and replacement actions in developed, non-
sensitive areas previously disturbed by utility installation.
DON Categorical Exclusion for Adoption
NASA has identified CATEX 23 established by the DON at Appendix A
of the Department of Defense (DoD) NEPA Implementing Procedures for
adoption, ``Hosting or participating in public events (e.g., air shows,
open houses, Earth Day events, and athletic events) where no permanent
changes to existing infrastructure (e.g., road systems, parking, and
sanitation systems) are required to accommodate all aspects of the
event.'' NASA intends to use the CATEX for hosting or participating in
public events, including launch-viewing and media events, astronaut
presentations, operational demonstrations, and other events held at
visitor centers.
NTIA Categorical Exclusion for Adoption
NASA has identified B-4 at Guidance on NTIA National Environmental
Policy Act Compliance for adoption, ``Abatement of hazardous materials
from existing facilities, including asbestos and lead-based paint,
conducted in compliance with all applicable laws, regulations, and
requirements established for the
[[Page 7538]]
protection of human health and the environment. Examples include
containment, removal, and disposal of lead-based paint or asbestos
tiles and asbestos-containing materials from existing facilities, and
remediation of hazardous materials in accordance with all applicable
laws, regulations, and requirements as part of facility and space
management activities.'' NASA intends to use the CATEX for the
abatement of hazardous materials from aging infrastructure in
accordance with master planning efforts.
FBI Categorical Exclusion for Adoption
NASA has identified (R5) at Appendix E to Part 61, Title 28 for
adoption, ``Renovation, addition, repair, alteration, and demolition
projects affecting buildings, roads, airfields, grounds, equipment, and
other facilities, including subsequent disposal of debris, which may be
contaminated with hazardous materials such as PCBs, lead, or asbestos.
Hazardous materials shall be disposed of at approved sites in
accordance with Federal, State, and local regulations.'' NASA intends
to use the CATEX for the abatement of hazardous materials from aging
infrastructure in accordance with master planning efforts.
III. Consideration of Extraordinary Circumstances
Circumstances may arise in which usually categorically excluded
actions may have a significant environmental impact and, therefore, may
generate a requirement for further environmental analysis (i.e.,
extraordinary circumstances). When applying these categorical
exclusions, NASA will evaluate the proposed action for whether there
are any extraordinary circumstances. If an extraordinary circumstance,
or circumstances, exists, NASA will determine whether the proposed
action has the potential to result in a reasonably foreseeable
significant environmental impact before applying the adopted CATEX, or
proceed with preparation of an EIS or EA as appropriate.
DOE Extraordinary Circumstances
The DOE's list of extraordinary circumstances can be found at 10
CFR 1021.102(b)(2) and in DOE's NEPA Implementing Procedures Section
5.4(c)(3). For example, at 10 CFR 1021.102(b)(2), DOE's extraordinary
circumstances are as follows:
``Extraordinary circumstances are 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.''
NASA also acknowledges the DOE's integral elements, found at
Appendix B to Part 1021, Title 10, and in Appendix B to DOE's NEPA
Implementing Procedures, and the requirement to evaluate, before use of
any of the adopted DOE appendix B CATEXs, the conditions listed as
integral elements. To fit within the CATEX, a proposal 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 DOE or Executive Orders.
(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 (as defined in 10 CFR 1022.4,
``Compliance with Floodplain and Wetland Environmental Review
Requirements: Definitions,'' or its successor).
(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).
(vii) Tundra, coral reefs, or rain forests.
(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.''
DOE defines the term ``previously disturbed or developed'' in
Section 5.4(b) of DOE's NEPA implementing procedures and in 10 CFR
1021.102(g). NASA will review and apply this definition when using any
of the adopted DOE CATEXs:
``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.
USCG Extraordinary Circumstances
The USCG's list of extraordinary circumstances can be found at the
[[Page 7539]]
Environmental Planning Implementing Procedures and are as follows:
``a. A potentially significant effect on public health or safety.
b. A potentially significant effect on species or habitats
protected by the ESA, MMPA, MBTA, or Magnuson-Stevens Act.
c. A potentially significant effect on a district, site, highway,
structure, or object that is listed in or eligible for listing in the
National Register of Historic Places, affects a historic or cultural
resource or traditional and sacred sites, or the loss or destruction of
a significant scientific, cultural, or historical resource.
d. A potentially significant effect on an environmentally sensitive
area.
e. A potential or threatened violation of an applicable federal,
state, or local law or administrative determination imposed for the
protection of the environment. Some examples of administrative
determinations to consider are a local noise control ordinance; the
requirement to conform to an applicable State Implementation Plan
(SIP); and federal, state, or local requirements for the control of
hazardous or toxic substances.
f. An effect on the quality of the human environment that is likely
to be highly controversial in terms of scientific validity, likely to
be highly uncertain, or likely to involve unique or unknown
environmental risks.
g. Employment of new technology or unproven technology that is
likely to involve unique or unknown environmental risks, where the
effect on the human environment is likely to be highly uncertain, or
where the effect on the human environment is likely to be highly
controversial in terms of scientific validity.
h. Extent to which a precedent is established for future actions
with significant effects.
i. Significantly greater scope or size than normally experienced
for a particular category of action.
j. Potential for significant degradation of already existing poor
environmental conditions. Also, initiation of a potentially significant
environmental degrading influence, activity, or effect in areas not
already significantly modified from their natural condition.
k. Whether the action is related to other actions with individually
insignificant, but cumulatively significant impacts.''
FRA Unusual Circumstances
The FRA's list of unusual circumstances can be found at 23 CFR
771.116 and are as follows:
``(1) Significant environmental impacts.
(2) Substantial controversy on environmental grounds.
(3) Significant impact on properties protected by Section 4(f)
requirements or Section 106 of the National Historic Preservation Act.
(4) Inconsistencies with any Federal, State, or local law,
requirement or administrative determination relating to the
environmental aspects of the action.''
USFS Resource Conditions
The USFS's list of resource conditions can be found at 7 CFR 1b.3
and are as follows:
``(i) Federally listed threatened or endangered species or
designated critical habitat or species proposed for Federal listing or
proposed critical habitat.
(ii) Flood plains, wetlands, or other such sensitive areas.
(iii) Special sources of water, such as sole-source aquifers,
wellhead protection areas, municipal watersheds, or other water sources
that are vital in a region.
(iv) Areas having formal Federal or state designations, such as
wilderness areas, parks, or wildlife refuges; wild and scenic rivers;
marine sanctuaries; national natural landmarks; inventoried roadless
areas; or national recreation areas.
(v) Specially managed areas, such as designated research or
experimental areas, coral reefs, coastal barrier resources, or, unless
exempt, coastal zone management areas.
(vi) Important or prime agricultural, forest, or range lands.
(vii) Property (e.g., sites, buildings, structures, and objects) of
historic, archeological, or architectural significance, as designated
by Federal, Tribal, State, or local governments, or property eligible
for listing on the National Register of Historic Places.''
Department of Defense Extraordinary Circumstances
The Department of Defense (DoD) list of extraordinary circumstances
can be found at the DoD's NEPA Implementing Procedures and are as
follows:
``(i) Potential for substantial adverse effect on public health,
safety or the environment.
(ii) Potential to violate applicable Federal, State, Tribal, or
local environmental laws.
(iii) Greater scope or size of project than usual for the category
of action proposed.
(iv) Project poses uncertain, unknown, or unique risks to public
health, safety, or the environment that are unlike those posed by
typical actions in the excluded category.
(v) Project will result in an uncontrolled or unpermitted release
of hazardous substances or require a conformity determination under
standards in 40 CFR part 93, subpart B (the Clean Air Act General
Conformity Rule).
(vi) Potential for substantial adverse effect on the following
sensitive resources, unless the potential impact has been resolved
through another environmental process (e.g., CZMA, NHPA, CWA, etc.).
(A)endangered or threatened species listed under the Endangered
Species Act or designated critical habitat for these species.
(B)areas of particular environmental concern or sensitivity such
as coral reefs, federally designated wilderness areas, wildlife
refuges, marine sanctuaries and monuments, wetlands, sole source
aquifers, or parklands.
(C) Have an adverse effect on archaeological resources or historic
properties listed or determined to be eligible for listing in the
National Register of Historic Places.''
NTIA's Extraordinary Circumstances
The NTIA's list of extraordinary circumstances can be found at
Appendix C of Guidance on NTIA National Environmental Policy Act
Compliance and are as follows:
``1. Proposed action occurs within an environmentally sensitive or
unique geographic area of notable recreational, ecological, scientific,
cultural, scenic, or aesthetic importance.
2. Proposed action may adversely impact species listed or proposed
to be listed as Endangered or Threatened Species or have adverse
effects on designated Critical Habitat for these species.
3. Proposed action may adversely impact protected migratory birds
or their habitats.
4. Proposed action may adversely affect historic, archeological, or
cultural sites, including Native American Traditional Cultural
Properties, properties listed or eligible for listing on the National
Register of Historic Places.
5. Proposed action that restricts access to and ceremonial use of
Indian sacred sites by Indian practitioners or adversely affects the
physical integrity of such religious sacred sites.
6. Proposed action occurring in floodplains or involving
significant changes to or effects on waterbodies, wetlands,
floodplains, water quality, sole source aquifers, public water supply
systems, or state, local, or tribal
[[Page 7540]]
water quality standards established under the Clean Water Act or the
Safe Drinking Water Act.
7. (revoked)
8. Proposed action involving construction impacts on or near an
active, inactive, or abandoned contaminated or hazardous waste site, or
involving non-permitted generation, transportation, treatment, storage,
or disposal of substances hazardous to human health or the environment,
unless NTIA determines the action is consistent with an approved
remedial action plan for the site.
9. Proposed action would involve human exposure to ionizing or non-
ionizing radiation or use of any radiation more than the Federal
Communications Commission's established Maximum Permissible Exposure
limits for human exposure to Radiofrequency Electromagnetic Energy
fields.
10. Proposed action would involve highly scientifically unknown or
uncertain effects because of the introduction or employment of unproven
technology, substantial disagreement over the possible size, nature, or
effect on the environment, or likelihood of degrading already existing
poor environmental conditions.
11. Proposed action may violate a Federal, Tribal, state, or local
law, regulation, policy, or requirement imposed for the protection of
the environment.
12. Proposed size or scope of action is greater than is normal for
an action of its type.
13. Proposed action may cause other significant effects on human
health or the environment that have not been otherwise addressed.''
FBI's Extraordinary Circumstances
The FBI's list of extraordinary circumstances can be found at
Appendix E to Part 61, Title 28 and are as follows:
``(i) An adverse effect on public health or safety.
(ii) An adverse effect on federally listed endangered or threatened
species, marine mammals, or critical habitat.
(iii) An adverse effect on archaeological resources or resources
listed or determined to be eligible for listing in the National
Register of Historic Places.
(iv) An adverse effect on an environmentally sensitive area,
including floodplains, wetlands, streams, critical migration corridors,
and wildlife refuges.
(v) A material violation of a Federal, state, or local
environmental law by the FBI.
(vi) An effect on the quality of the human or natural environment
that is likely to be highly scientifically controversial or uncertain,
or likely to involve unique or unknown environmental risks.
(vii) Establishment of precedents or decisions in principle for
future actions that have the potential for significant impacts (e.g.,
master plans, Integrated Natural Resource Management Plans, Integrated
Cultural Resource Management Plans).
(viii) Significantly greater scope or size than normally
experienced for a particular category of action.
(ix) Potential for substantial degradation of already existing poor
environmental conditions. Also, initiation of a potentially substantial
environmental degrading influence, activity, or effect in areas not
already substantially modified.
(x) A connection to other actions with individually insignificant,
but cumulatively significant, impacts.''
IV. Interagency Consultation
NASA consulted with the establishing agencies to ensure that
adoption of the CATEXs for the intended category of actions is
appropriate. NASA consulted with the FRA on August 11, 2025, the FBI on
August 18, 2025, the DOE on August 22, 2025, the NTIA on August 22,
2025, the TVA on August 22, 2025, the USCG on August 29, 2025, the USFS
on August 29, 2025, the DON on September 5, 2025, the DAF on December
15, 2025, the MDA on January 20, 2026 and the DTRA on January 26, 2026.
NASA reviewed the originating agencies' experience with their
respective CATEXs and consulted with them regarding the types of
actions for which NASA intends to use these CATEXs. The consultations
confirmed that the actions NASA plans to undertake are consistent with
the types of projects for which the originating agencies have applied
the CATEXs. NASA has determined that its proposed use of the CATEXs, as
described in this notice, is appropriate. While this notice describes
several examples, NASA's use of these CATEXs is not limited to these
examples and could be used in any other circumstances for which their
application is appropriate.
V. Notice to the Public and Documentation of Adoption
This notice serves to identify to the public and document NASA's
adoption of the CATEXs described in this notice. The notice identifies
the types of actions to which NASA will apply the CATEXs, as well as
the considerations that NASA will use in determining whether an action
is within the scope of the CATEXs.
Nanette Smith,
Team Lead, NASA Directives and Regulations.
[FR Doc. 2026-03109 Filed 2-17-26; 8:45 am]
BILLING CODE 7510-13-P
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</html>Indexed from Federal Register on February 18, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.