[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Proposed Rules]
[Pages 83881-83882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28467]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary of Transportation
49 CFR Part 13
[Docket No. DOT-OST-2020-0229]
RIN 2105-AE97
Procedures for Considering Environmental Impacts
AGENCY: Office of the Secretary (OST), U.S. Department of
Transportation (DOT).
ACTION: Notification of denial of request for extension of comment
period.
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SUMMARY: This document denies the request to extend the comment period
on the U.S. Department of Transportation (DOT) notice of proposed
rulemaking (NPRM) on Procedures for Considering Environmental Impacts.
This NPRM contains the Department's procedures implementing the
National Environmental Policy Act and outlines the Department's
internal policies and procedures for environmental reviews of DOT's
actions. The NPRM was published in the Federal Register on November 23,
2020.
[[Page 83882]]
DATES: The closing date for comments on the notice of proposed
rulemaking published on November 23, 2020 (85 FR 74640), remains
December 23, 2020.
ADDRESSES: You may review the petitions to extend the public comment
period and other comments under Docket Number DOT-OST-2020-0229 through
the Federal Regulations website at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: April Marchese, Director,
Infrastructure Permitting Improvement Center, 202-366-2074,
april.marchese@dot.gov, or Krystyna Bednarczyk, Office of the General
Counsel, 202-366-5283, krystyna.bednarczyk@dot.gov.
SUPPLEMENTARY INFORMATION: On November 23, 2020, the U.S. Department of
Transportation (DOT or Department) issued a notice of proposed
rulemaking (NPRM) (85 FR 7460) to codify the Department's procedures
implementing the National Environmental Policy Act (NEPA). This NPRM
would codify internal policies applicable to the Department's
performance of environmental reviews. The NPRM would direct the
Department's Operating Administrations to update their procedures
consistent with regulations issued by the Council on Environmental
Quality (CEQ), 40 CFR parts 1500-1508, and the Department's own
implementing procedures, when finalized. The Department's existing
procedures, which are contained in an internal order, have not been
updated since 1985 and are inconsistent with current practice, and
thus, modifications and changes are needed to make DOT's regulations
consistent with intervening statutory and policy changes. This NPRM
would codify existing processes and policies and ensure consistency
with CEQ regulations published in July 2020 and effective as of
September 14, 2020 (85 FR 43304 (July 16, 2020)).
To date, DOT has received four petitions to extend the comment
period, each asking for different lengths of an extension. Petitioners
note that the comment period for the NPRM coincides with the holiday
season. In addition, petitioners cite the coronavirus disease (COVID-
19) public health emergency as an unprecedented circumstance
necessitating the extension of the comment period.
While DOT appreciates the concerns raised by the petitioners, we
decline to extend the comment period for this rulemaking. The changes
proposed by the NPRM would incorporate best practices, codify internal
processes, provide conforming updates based on CEQ regulations, and
provide consistency across the Department. The NPRM does not propose
major discretionary changes to the way the Department analyzes the
effects of proposed actions or ranges of alternatives; nor would the
NPRM modify any analyses done in the Section 4(f) analysis.
DOT believes there is a strong interest in the timely issuance of
these procedures to allow for the DOT Operating Administrations to
issue their own procedural updates in accordance with the CEQ
regulations. CEQ regulations at 40 CFR 1507.3(b) require Federal
agencies to develop or revise, as necessary, procedures to implement
the CEQ regulations, including eliminating any inconsistencies with the
CEQ regulations by September 14, 2021. Before that date, DOT must
review comments received on this pending NPRM and, based on the
comments received, develop a final rule that would set the minimum
standard for all of the Department's procedures to follow. Once this
NPRM is finalized, DOT Operating Administrations can begin to update
their own procedures, many of which will also require notice and an
opportunity for public comment before they can also be finalized.
Individuals will have the opportunity to comment further on these
implementing procedures, which will be more detailed than this NPRM and
specifically tailored to the unique environmental programs overseen by
each DOT Operating Administration.
The Department further acknowledges that DOT administrative policy
provides that ``Generally, absent special considerations, the comment
period for . . . significant DOT rules should be at least 45 days''
(emphasis added) (49 CFR 5.13(i)(3)). For the reasons cited above, DOT
found special considerations exist that necessitate a comment period
less than 45 days for this NPRM, which was designated significant by
the Office of Management and Budget. DOT therefore denies the petitions
to extend the comment period.
Issued in Washington, DC, on December 18, 2020, under authority
delegated in 49 CFR 1.23.
Steven G. Bradbury,
General Counsel (and performing the functions and duties of Deputy
Secretary).
[FR Doc. 2020-28467 Filed 12-22-20; 8:45 am]
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