[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: 14CFR1216.321]

[Page 166]
 
                     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.  1216.321  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]