§ 1216.311 - Emergency responses.

§ 1216.311 Emergency responses.

(a) When the Responsible Official determines that an emergency exists that makes emergency circumstances exist which make it necessary to take urgently needed actions immediate response and/or recovery action(s) before preparing a NEPA analysis and any required documentation, in accordance with the provisions in §§ 1216.305 and 1216.307 of this subpart, then the following provisions apply:

(1) The Responsible Official may take urgently needed actions that are necessary to control the immediate impacts of the emergency needed to mitigate harm to undertake immediate emergency response and/or recovery action(s) necessary to protect life, property, or valuable resources. When taking such actionsaction(s), the Responsible Official shall, to the extent practicalpracticable, mitigate foreseeable adverse environmental impacts.

(2) [Reserved]

(b)

At the earliest practicable time, the Responsible Official shall

also

notify the

SEO

SAO of the emergency

situation and the

and any past, ongoing, or future NASA emergency response and/or recovery action(s)

taken

. The

SEO will determine

SAO shall determine if NEPA applies and the appropriate

NEPA action associated with the urgent actions taken as a result of the

level of NEPA analysis to document the emergency. If the

urgent actions

emergency response and/or recovery action(s) will reasonably result in significant environmental impacts, the

SEO will

SAO shall consult with the CEQ

to ensure

about alternative arrangements for compliance with

40 CFR 1506.11 as soon as is reasonable. (c

NEPA.

(b) If the Responsible Official proposes emergency

actions which continue beyond the urgent actions taken as a result of the emergency, and these actions are not categorically excluded

response and/or recovery actions that will continue beyond those needed to immediately protect life, property, and valuable resources, the Responsible Official

will

shall consult with the

SEO

SAO to determine the appropriate level of NEPA compliance. If continuation of the emergency actions will reasonably result in significant environmental impacts, the

SEO will

SAO shall consult with the CEQ

to ensure compliance with 40 CFR 1506.11 as soon as is reasonable.

about alternative arrangements for compliance.

[89 FR 25502, Apr. 11, 2024]