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The National Aeronautics and Space Administration (NASA) is amending its existing regulations related to environmental quality at 14 CFR 1216 as directed by the Council on Environmental Quality (CEQ) per Memorandum from Executive Office of the President for Heads of Federal Departments and Agencies to meet Executive Orders requirements.

These amendments include making conforming amendments in 14 CFR subpart 1216.1 to accurately reflect the current positional structure and management authority for environmental program policy at NASA. As a result of Executive Order 14154, CEQ has removed its NEPA implementing regulations from the CFR, which became effective April 11, 2025.

Statement of Need:

The need for this amendment is to ensure NASA's National Environmental Policy Act (NEPA) regulations align with current federal mandates, specifically those from the Council on Environmental Quality (CEQ) and recent Executive Orders (EOs). The current regulations at 14 CFR 1216 are outdated. This rulemaking will update NASA's procedures for implementing NEPA, ensuring the agency's NEPA program operates efficiently and in full accordance with the law.

Summary of the Legal Basis:

Directed by the Council on Environmental Quality per Memorandum from Executive Office of the President for Heads of Federal Departments and Agencies to meet Executive Orders requirements and remove references to rescinded regulations.

Alternatives:

Keeping the outdated regulations would result in operational inefficiencies. This is not a viable option.  A single rulemaking is the most efficient and preferred method. It addresses all necessary updates at once, providing a clear, consistent framework for NASA's NEPA program.

Anticipated Costs and Benefits:

Updating NEPA regulations may yield cost savings for NASA. These savings may come from improved efficiency, accelerating project approvals, and mitigating risk, which minimizes the likelihood of legal challenges and project delays.

Risks:

Benefits listed above will not be achieved.