cfr_sections
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16 rows where agency = "NASA" and part_number = 1216 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 14:14:5.0.1.1.17.1.1.1 | 14 | Aeronautics and Space | V | 1216 | PART 1216—ENVIRONMENTAL QUALITY | 1216.1 | Subpart 1216.1—Policy on Environmental Quality and Control | § 1216.100 Scope. | NASA | This subpart sets forth NASA policy on environmental quality and control and the responsibilities of NASA officials in carrying out these policies. | |||||
| 14:14:5.0.1.1.17.1.1.2 | 14 | Aeronautics and Space | V | 1216 | PART 1216—ENVIRONMENTAL QUALITY | 1216.1 | Subpart 1216.1—Policy on Environmental Quality and Control | § 1216.101 Applicability. | NASA | This subpart is applicable to NASA Headquarters and field installations. | |||||
| 14:14:5.0.1.1.17.1.1.3 | 14 | Aeronautics and Space | V | 1216 | PART 1216—ENVIRONMENTAL QUALITY | 1216.1 | Subpart 1216.1—Policy on Environmental Quality and Control | § 1216.102 Policy. | NASA | NASA policy is to: (a) Use all practicable means, consistent with NASA's statutory authority, available resources, and the national policy, to protect and enhance the quality of the environment; (b) Provide for proper attention to and ensure that environmental amenities and values are given appropriate consideration in all NASA actions, including those performed under contract, grant, lease, or permit; (c) Recognize the worldwide and long-range character of environmental concerns and, when consistent with the foreign policy of the United States and its own responsibilities, lend appropriate support to initiatives, resolutions, and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of the world environment; (d) Use systematic and timely approaches which will ensure the integrated use of the natural and social sciences and environmental design arts in planning and decisionmaking for actions which may have an impact on the human environment; (e) Pursue research and development, within the scope of NASA's authority or in response to authorized agencies, for application of technologies useful in the protection and enhancement of environmental quality; (f) Initiate and utilize ecological and other environmental information in the planning and development of resource-oriented projects; and (g) Invite cooperation, where appropriate, from Federal, State, local, and regional authorities and the public in NASA planning and decisionmaking processes. | |||||
| 14:14:5.0.1.1.17.1.1.4 | 14 | Aeronautics and Space | V | 1216 | PART 1216—ENVIRONMENTAL QUALITY | 1216.1 | Subpart 1216.1—Policy on Environmental Quality and Control | § 1216.103 Responsibilities of NASA officials. | NASA | [44 FR 44485, July 30, 1979, as amended at 53 FR 9760, Mar. 25, 1988] | (a) The Associate Administrator for Management or designee shall: (1) Coordinate the formulation and revision of NASA policies and positions on matters pertaining to environmental protection and enhancement; (2) Represent NASA in working with other governmental agencies and interagency organizations to formulate, revise, and achieve uniform understanding and application of governmentwide policies relating to the environment; (3) Develop and ensure the implementation of agencywide standards, procedures, and working relationships for protection and enhancement of environmental quality and compliance with applicable laws and regulations; (4) Develop, as an integral part of NASA's basic decision processes, procedures to ensure that environmental factors are properly considered in all proposals and decisions; (5) Establish and maintain working relationships with the Council on Environmental Quality, Environmental Protection Agency, and other national, state, and local governmental agencies concerned with environmental matters; (6) Acquire information for and ensure the preparation of appropriate NASA reports on environmental matters. (b) Officials-in-Charge of Headquarters Offices and NASA Field Installation Directors are responsible for: (1) Identifying matters under their cognizance which may affect protection and enhancement of environmental quality and for employing the proper procedures to ensure that necessary actions are taken to meet the requirements of applicable laws and regulations; (2) Coordinating environmental quality-related activities under their cognizance with the Associate Administrator for Management; and (3) Supporting and assisting the Associate Administrator for Management on request. (c) Officials-in-Charge of Headquarters Offices are additionally responsible for: (1) Giving high priority, in the pursuit of program objectives, to the identification, analysis, and proposal of research and development which, if conducted by NASA or other agencies, may contribute to the achievement of … | ||||
| 14:14:5.0.1.1.17.3.1.1 | 14 | Aeronautics and Space | V | 1216 | PART 1216—ENVIRONMENTAL QUALITY | 1216.3 | Subpart 1216.3—Procedures for Implementing the National Environmental Policy Act (NEPA) | § 1216.300 Scope. | NASA | [77 FR 3103, Jan. 23, 2012, as amended at 89 FR 25499, Apr. 11, 2024] | (a) This subpart implements NEPA, setting forth NASA's policies and procedures for the early integration of environmental considerations into planning and decision making. (b) Through this subpart, NASA adopts the Council on Environmental Quality (CEQ) regulations implementing NEPA (40 CFR parts 1500 through 1508) and supplements those regulations with this subpart, for actions proposed by NASA that are subject to NEPA. This subpart and NASA's NEPA policy are available on NASA's Public Portal at https://www.nasa.gov/emd/nepa. | ||||
| 14:14:5.0.1.1.17.3.1.10 | 14 | Aeronautics and Space | V | 1216 | PART 1216—ENVIRONMENTAL QUALITY | 1216.3 | Subpart 1216.3—Procedures for Implementing the National Environmental Policy Act (NEPA) | § 1216.309 Mitigation and monitoring. | NASA | [89 FR 25502, Apr. 11, 2024] | When the analysis proceeds to an EA or EIS and mitigation measures are adopted for the purpose of avoiding or reducing the significance of environmental impacts, such mitigation measures will be identified in the EA Finding of No Significant Impact (FONSI) or the EIS Record of Decision (ROD). NASA shall implement mitigation measures (including adaptive management strategies, where appropriate) consistent with applicable FONSIs and/or RODs and shall monitor their implementation and effectiveness. The Responsible Official shall ensure that funding for such mitigation measures is included in the program or project budget. | ||||
| 14:14:5.0.1.1.17.3.1.11 | 14 | Aeronautics and Space | V | 1216 | PART 1216—ENVIRONMENTAL QUALITY | 1216.3 | Subpart 1216.3—Procedures for Implementing the National Environmental Policy Act (NEPA) | § 1216.310 Classified actions. | NASA | [77 FR 3103, Jan. 23, 2012, as amended 89 FR 25502, Apr. 11, 2024] | (a) The classified status of a proposed action does not relieve NASA of the requirement to assess, document, and consider the environmental impacts of a proposed action. (b) When classified information can reasonably be separated from other information and a meaningful environmental analysis can be produced, unclassified documents will be prepared and processed in accordance with these regulations. Classified portions will be kept separate and provided to properly cleared reviewers and decision makers in the form of a properly classified document that meets the requirements of these regulations to the extent permitted, given such classification. | ||||
| 14:14:5.0.1.1.17.3.1.12 | 14 | Aeronautics and Space | V | 1216 | PART 1216—ENVIRONMENTAL QUALITY | 1216.3 | Subpart 1216.3—Procedures for Implementing the National Environmental Policy Act (NEPA) | § 1216.311 Emergency responses. | NASA | [89 FR 25502, Apr. 11, 2024] | (a) When the Responsible Official determines that emergency circumstances exist which make it necessary to take immediate response and/or recovery action(s) before preparing a NEPA analysis, then the following provisions apply: (1) The Responsible Official may undertake immediate emergency response and/or recovery action(s) necessary to protect life, property, or valuable resources. When taking such action(s), the Responsible Official shall, to the extent practicable, mitigate foreseeable adverse environmental impacts. (2) At the earliest practicable time, the Responsible Official shall notify the SAO of the emergency and any past, ongoing, or future NASA emergency response and/or recovery action(s). The SAO shall determine if NEPA applies and the appropriate level of NEPA analysis to document the emergency. If the emergency response and/or recovery action(s) will reasonably result in significant environmental impacts, the SAO shall consult with the CEQ about alternative arrangements for compliance with NEPA. (b) If the Responsible Official proposes emergency response and/or recovery actions that will continue beyond those needed to immediately protect life, property, and valuable resources, the Responsible Official shall consult with the SAO to determine the appropriate level of NEPA compliance. If continuation of the emergency actions will reasonably result in significant environmental impacts, the SAO shall consult with the CEQ about alternative arrangements for compliance. | ||||
| 14:14:5.0.1.1.17.3.1.2 | 14 | Aeronautics and Space | V | 1216 | PART 1216—ENVIRONMENTAL QUALITY | 1216.3 | Subpart 1216.3—Procedures for Implementing the National Environmental Policy Act (NEPA) | § 1216.301 Applicability. | NASA | This subpart applies to all organizational elements of NASA. | |||||
| 14:14:5.0.1.1.17.3.1.3 | 14 | Aeronautics and Space | V | 1216 | PART 1216—ENVIRONMENTAL QUALITY | 1216.3 | Subpart 1216.3—Procedures for Implementing the National Environmental Policy Act (NEPA) | § 1216.302 Responsibilities. | NASA | [89 FR 25499, Apr. 11, 2024] | (a) The NASA Senior Agency Official (SAO), is the Associate Administrator, Mission Support Directorate. The SAO is responsible for overall Agency NEPA compliance, including integration of NEPA into the Agency's planning and decision making and resolving implementation issues. (1) The NASA Senior Environmental Official (SEO) is the Assistant Administrator, Office of Strategic Infrastructure. The SEO, in consultation with the SAO, is responsible for development and implementation of NASA NEPA policy requirements and guidance which fully integrate NEPA compliance into Agency planning and decision-making processes. To the extent the CEQ's implementing regulations at 40 CFR parts 1500 through 1508 reserve a specific authority to the SAO, the SAO is the responsible NASA official for resolving matters related to that specific authority. (2) The NASA Headquarters/Environmental Management Division (HQ/EMD), in consultation with the SEO, is responsible for implementing NEPA functions and guiding NASA's integration of NEPA into the Agency's planning and decision making. HQ/EMD provides oversight of all NASA entities in implementing their assigned responsibilities under NEPA. HQ/EMD, in coordination with the Center Environmental Management Office, is responsible for determining the appropriate level of NEPA documentation and maintaining a publicly accessible internet portal which includes information on the status of environmental impact statements (EISs) and other elements of NASA's NEPA program ( https://www.nasa.gov/emd/nepa ). (3) Each NASA Center has an environmental management office that directs and implements the NEPA process, such as evaluating proposed actions; developing, reviewing, and approving required documentation; and advising Center-level program and project managers. (b) The “Responsible Official” is the NASA official who will ensure that planning and decision-making for each proposed Agency action complies with the regulations in this subpart and with Agency NEPA policy and guidance provided by the SA… | ||||
| 14:14:5.0.1.1.17.3.1.4 | 14 | Aeronautics and Space | V | 1216 | PART 1216—ENVIRONMENTAL QUALITY | 1216.3 | Subpart 1216.3—Procedures for Implementing the National Environmental Policy Act (NEPA) | § 1216.303 NEPA process in NASA planning and decision making. | NASA | [89 FR 25500, Apr. 11, 2024] | (a) NEPA is a procedural statute intended to ensure Federal agencies consider the environmental impacts of their proposed actions in the decision-making process. Full integration of the NEPA process with NASA project and program planning improves Agency decisions and ensures: (1) Consideration of sustainability, environmental stewardship, and compliance with applicable environmental statutes, regulations, and policies. (2) NASA's analyses and documentation are prepared using a process that is transparent to the public, including opportunities for receipt and consideration of public comment, when appropriate. (3) Potential program and project risks and delays are minimized. (b) In considering whether the effects of a proposed action are significant and determining the appropriate level of NEPA review and documentation ( i.e., EIS, environmental assessments (EA), categorical exclusions (CatEx)), NASA shall consider and analyze the potentially affected environment ( i.e., affected area [national, regional, or local] and resources located therein) and the degree of the effects of the proposed action ( e.g., short- and long-term effects, effects both beneficial and adverse, effects on public health and safety, effects that would violate Federal, state, Tribal, or local law protecting the environment). (c) NASA shall consider the reasonably foreseeable environmental impacts of a proposed Agency action, along with technical, economic, public health and safety, security, and other factors that are reasonably foreseeable, beginning in the early planning stage of a proposed action. NASA will not take any action that would have an adverse environmental impact or limit the choice of reasonable alternatives prior to completing NEPA review except as provided in 40 CFR 1506.1. (d) Records of Environmental Consideration (RECs) will be used to document: (1) Application of specific categorical exclusions to proposed actions; (2) Adoption of Federal draft or final NEPA documents; (3) Reevaluation of an existing NEPA docu… | ||||
| 14:14:5.0.1.1.17.3.1.5 | 14 | Aeronautics and Space | V | 1216 | PART 1216—ENVIRONMENTAL QUALITY | 1216.3 | Subpart 1216.3—Procedures for Implementing the National Environmental Policy Act (NEPA) | § 1216.304 Categorical exclusions. | NASA | [77 FR 3103, Jan. 23, 2012, as amended at 89 FR 25500, Apr. 11, 2024] | (a) Categorical exclusions (CatExs) are categories of Agency actions that normally do not have a significant effect on the human environment and therefore do not require preparation of an EA or EIS. CatExs reduce paperwork, improve Government efficiency, and eliminate delays in initiating and completing proposed actions having no significant environmental impact. For some CatExs, as indicated in paragraph (d) of this section, a REC is required. (b) Application of CatExs and presence of extraordinary circumstances: (1) A proposed action may be categorically excluded if the action fits within the categories listed in paragraph (d) of this section and it does not involve any extraordinary circumstances in which a normally excluded action may have a significant effect. (2) If an extraordinary circumstance as described in paragraph (c) of this section is present, NASA may nevertheless categorically exclude the proposed action if the action fits within the categories listed in paragraph (d) of this section and NASA determines that implementation of mitigation measures, such as relocation of the proposed action to an alternative site or limiting construction activities to certain seasonal periods of the year to avoid the extraordinary circumstance(s) in question, are sufficient to allow the proposed action to be categorically excluded. (c) Extraordinary circumstances include situations where the proposed action: (1) Has a reasonable likelihood of having a significant effect on public health and safety or the human environment. (2) Imposes uncertain or unique environmental risks. (3) Is of significantly greater scope or size than is normal for the particular category of action. (4) Has a reasonable likelihood of having effects that would violate Federal, state, Tribal, or local laws, or other enforceable requirements applicable to environmental protection. (5) May adversely affect sensitive resources, such as, but not limited to, Federally listed threatened or endangered species, their designated critical habita… | ||||
| 14:14:5.0.1.1.17.3.1.6 | 14 | Aeronautics and Space | V | 1216 | PART 1216—ENVIRONMENTAL QUALITY | 1216.3 | Subpart 1216.3—Procedures for Implementing the National Environmental Policy Act (NEPA) | § 1216.305 Actions normally requiring an environmental assessment (EA). | NASA | [89 FR 25502, Apr. 11, 2024] | (a) NASA shall prepare an EA, which complies with 40 CFR 1501.5, when a proposed action is not categorically excluded and is not likely to have significant effects or when the significance of the effects is unknown. NASA shall consider the potentially affected environment and degree of the effects of the action when determining whether to prepare an EA. (b) NASA actions normally requiring an EA include: (1) Altering the ongoing operations at a NASA Center where the significance of the environmental effect(s) is unknown. (2) Construction or modifications of facilities that represent a major change to an existing master plan and could result in a change in the environmental effect(s). (3) Actions that are expected to result in major changes to established land use. (4) Launching a spacecraft containing a space nuclear system. Space nuclear systems include radioisotope power systems, such as radioisotope thermoelectric generators and radioisotope heater units, and fission systems used for surface power and spacecraft propulsion. | ||||
| 14:14:5.0.1.1.17.3.1.7 | 14 | Aeronautics and Space | V | 1216 | PART 1216—ENVIRONMENTAL QUALITY | 1216.3 | Subpart 1216.3—Procedures for Implementing the National Environmental Policy Act (NEPA) | § 1216.306 Actions normally requiring an environmental impact statement (EIS). | NASA | [89 FR 25502, Apr. 11, 2024] | (a) NASA shall prepare an EIS for actions that are likely to significantly impact the quality of the human environment, including actions for which an EA demonstrates that significant environmental impacts will potentially occur which will not be reduced or eliminated by changes to the proposed action or mitigation of its potentially significant environmental impacts. An EIS shall be prepared and published in accordance with CEQ's implementing regulations (40 CFR part 1502). (b) NASA actions normally requiring an EIS include: (1) Development and operation of new NASA-developed launch vehicles or space transportation systems. (2) Management, including recovery, transport, and curation, of sample returns to Earth from solar system bodies (such as asteroids, comets, planets, dwarf planets, and planetary moons) that would receive a Restricted Earth Return categorization. NASA requires such a mission to include additional measures to ensure any potential indigenous life form would be contained so it could not adversely impact humans or Earth's environment. (3) Substantial construction projects expected to result in significant effect(s) on the quality of the human and natural environment when such construction and its effects are not within the scope of an existing master plan. | ||||
| 14:14:5.0.1.1.17.3.1.8 | 14 | Aeronautics and Space | V | 1216 | PART 1216—ENVIRONMENTAL QUALITY | 1216.3 | Subpart 1216.3—Procedures for Implementing the National Environmental Policy Act (NEPA) | § 1216.307 Programmatic documents and tiering. | NASA | [89 FR 25502, Apr. 11, 2024] | (a) For actions that require EAs or EISs, NASA encourages programmatic-level analysis for actions that are similar in nature, broad in scope, or likely to have similar environmental effects. Programmatic NEPA analyses may take place in the form of an EA or EIS. (b) Tiering from previously prepared EISs or EAs is appropriate when it would eliminate repetitive discussions of the same issues and exclude from consideration issues already decided. Tiering from a programmatic-level NEPA document is appropriate for site- or project-specific actions that are included within the scope of the programmatic-level analysis. | ||||
| 14:14:5.0.1.1.17.3.1.9 | 14 | Aeronautics and Space | V | 1216 | PART 1216—ENVIRONMENTAL QUALITY | 1216.3 | Subpart 1216.3—Procedures for Implementing the National Environmental Policy Act (NEPA) | § 1216.308 Supplemental EAs and EISs. | NASA | [89 FR 25502, Apr. 11, 2024] | (a) In cases where a major Federal action remains to occur, supplemental documentation may be required for previously prepared EAs or EISs under the following circumstances: (1) If substantial changes are made to the proposed action that are relevant to environmental concerns; or (2) There are significant new circumstances or information relevant to environmental concerns and bearing on the proposed action and its impacts; or (3) NASA determines that the purposes of NEPA will be furthered by doing so. (b) The preparation of a supplemental EA or EIS shall be undertaken using the same procedural requirements set forth in 40 CFR 1501.5 or 40 CFR part 1502, as applicable; however, in the event a supplement to an EIS is required, scoping shall not be required unless, at NASA's discretion and in consideration of the factors and requirements of 40 CFR 1501.9, it is determined to be necessary or would otherwise further the purposes of NEPA. (c) When it is unclear if an EA or EIS supplement is required, NASA may prepare a Supplement Analysis. (1) The Supplement Analysis will discuss the circumstances that are pertinent to deciding whether to prepare a supplemental EA or EIS. (2) The Supplement Analysis will contain sufficient information for NASA to determine whether: (i) An existing EA or EIS should be supplemented; (ii) A new EA or EIS should be prepared; or (iii) No further NEPA documentation is required. (3) NASA shall make the determination and the related Supplement Analysis available to the public for information. (d) When applicable, NASA shall incorporate the determination and supporting Supplement Analysis made under paragraph (b) of this section, into the administrative record related to the action that is the subject of the EA or EIS supplement or determination. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);