[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1216.321]



[Page 164]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1216_ENVIRONMENTAL QUALITY--Table of Contents

 

 Subpart 1216.3_Procedures for Implementing the National Environmental 

                            Policy Act (NEPA)

 

Sec. 1216.321  Environmental effects abroad of major Federal actions.



    (a) In accordance with these procedures and E.O. 12114, 

``Environmental Effects Abroad of Major Federal Actions'' (44 FR 1957), 

dated January 4, 1979, the Headquarters official shall analyze actions 

under his/her cognizance with due regard for the environmental effects 

abroad of such actions. The Headquarters official shall consider whether 

such actions involve:

    (1) Potential environmental effects on the global commons (i.e., 

oceans and the upper atmosphere);

    (2) Potential environmental effects on a foreign nation not 

participating with or not otherwise involved in the NASA activity;

    (3) The export of products or facilities producing products (or 

emission/effluents) which in the United States are prohibited or 

strictly regulated because their effects on the environment create a 

serious public health risk. The Associate Administrator for Management 

will provide additional guidance regarding the types of chemical, 

physical, and biological agents involved.

    (4) A physical project which, in the U.S., would be prohibited or 

strictly regulated by Federal law to protect the environment against 

radioactive substances;

    (5) Potential environmental effects on natural and ecological 

resources of global importance and which the President in the future may 

designate (or which the Secretary of State designates pursuant to 

international treaty). A list of any such designations will be available 

from the Associate Administrator for Management.

    (b) Prior to decisions (Sec. 1216.304) on any action falling into 

the categories specified in paragraph (a), the Headquarters official 

shall make a determination whether such action may have a significant 

environmental effect abroad.

    (c) If the Headquarters official determines that the action will not 

have a significant environmental effect abroad, he/she shall prepare a 

memorandum for the record which states the reasoning behind such a 

determination. A copy of the memorandum shall be forwarded to the 

Associate Administrator for Management. Note that these procedures do 

not allow for categorical exclusions (E.O. 12114, section 2-5(d)).

    (d) If the Headquarters official determines that an action may have 

a significant environmental effect abroad, he/she shall consult with the 

Associate Administrator for Management and the Director, International 

Relations Division. The Associate Administrator for Management, in 

coordination with the Director, International Relations Division, shall 

(as specified in E.O. 12114) make a determination whether the subject 

action requires:

    (1) An environmental impact statement,

    (2) Bilateral or multilateral environmental studies, or

    (3) Concise reviews of environmental issues.

    (e) When informed of the determination of the Associate 

Administrator for Management, the Headquarters official shall proceed to 

take the necessary actions in accordance with these implementing 

procedures.

    (f) The Associate Administrator for Management shall, in 

coordination with the Associate Administrator for External Relations, 

determine when an affected nation shall be informed regarding the 

availability of documents referred to in paragraph (d) of this section 

and coordinate with the Department of State all NASA communications with 

foreign governments concerning environmental matters as related to E.O. 

12114.



[44 FR 44485, July 30, 1979, as amended at 53 FR 9763, Mar. 25, 1988]