[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1216.304]

[Page 159-160]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                   CHAPTER V--NATIONAL AERONAUTICS AND
                          SPACE ADMINISTRATION
 
PART 1216_ENVIRONMENTAL QUALITY--Table of Contents
 
 Subpart 1216.3_Procedures for Implementing the National Environmental 
                            Policy Act (NEPA)
 
Sec.  1216.304  Major decision points.

    The possible environmental effects of a proposed action must be 
considered, along with technical, economic, and other factors, in the 
earliest planning. At that stage, the responsible Headquarters official 
shall begin the necessary steps to comply with all the requirements of 
section 102(2) of the National Environmental Policy Act of 1969. Major 
NASA activities, particularly R&D (or SFCDC) and facility projects, 
generally have four distinct phases: The conceptual study phase; the 
detailed planning/definition phase; the development/construction phase; 
and the operation phase. (Other NASA activities have fewer, less well-
defined phases, but can still be characterized by phases representing 
general or feasibility study, detailed planning or definition, and 
implementation.) Environmental documentation shall be linked to major 
decision points as follows:
    (a) Completion of an environmental assessment and the determination 
as to whether an environmental impact statement is required must be made 
prior to the decision to proceed from the conceptual study phase to the 
detailed planning/definition phase of the proposed action. For example, 
this determination must be concurrent with:
    (1) Proposal of an R&D (or SFCDC) project for detailed planning and 
project definition;
    (2) Proposal of a major Construction of Facilities project for 
detailed planning and project definition;
    (3) Proposal of an institutional action (other than a facility 
project) for detailed planning and definition; and
    (4) Proposal of a plan to define changes in an approved project.

[[Page 160]]

    (b) The final environmental impact statement (EIS) should be 
completed and circulated prior to the decision to proceed from the 
detailed planning/definition phase to the development/construction (or 
implementation) phase of the proposed action. For example, the EIS 
should be completed by, and incorporated with:
    (1) Proposal of an R&D (or SFCDC) project for development/
construction;
    (2) Proposal of a major Construction of Facilities project for 
development/construction;
    (3) Proposal to undertake a significant institutional action (other 
than a facility project); and
    (4) Proposal to implement a program change.

[44 FR 44485, July 30, 1979, as amended at 53 FR 9761, Mar. 25, 1988]