[Federal Register Volume 84, Number 164 (Friday, August 23, 2019)]
[Notices]
[Pages 44351-44352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18204]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

[Docket No. DOT-OST-2019-0118]
RIN 2105-ZA09
RIN 2105-ZA10


Interim Policies on Page Limits for National Environmental Policy 
Act Documents and the Application of the One Federal Decision Process 
to DOT Projects

AGENCY: Office of the Secretary of Transportation (OST), U.S. 
Department of Transportation (DOT).

ACTION: Notice of availability and request for comments.

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SUMMARY: This notice announces the availability of two U.S. Department 
of Transportation interim policies for public comment: (1) Page Limits 
for National Environmental Policy Act Documents and Focused Analyses 
and (2) Application of the One Federal Decision Process to DOT 
Projects. DOT anticipates that the Page Limits memorandum will improve 
the quality of environmental documentation while reducing the length of 
these documents. The One Federal Decision memorandum will provide 
direction on how and when to apply the One Federal Decision process to 
DOT projects.

DATES: Both of these memoranda are effective, as interim policies, on 
the date of publication of this notice. Comments must be received by 
September 23, 2019. Late-filed comments will be considered to the 
extent practicable.

FOR FURTHER INFORMATION CONTACT: Rhonda Solomon, Environmental 
Protection Specialist, U.S. Department of Transportation, Office of the 
Secretary, 1200 New Jersey Avenue SE, Washington, DC 20590, at (202) 
366-5397 or email [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    Availability: The Page Limits interim policy is available for 
public review and comment at: https://www.transportation.gov/transportation-policy/permittingcenter/interim-policy-page-limits-nepa-documents-and-focused. The One Federal Decision interim policy is also 
available at: https://www.transportation.gov/transportation-policy/permittingcenter/interim-policy-one-federal-decision-implementation.
    Comments should refer to the docket number above and be submitted 
by one of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: 1200 New Jersey Avenue SE, West Building 
Ground Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m. 
ET, Monday through Friday, except Federal Holidays.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Public 
Participation heading of the SUPPLEMENTARY INFORMATION section of this 
document. Note that all comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may

[[Page 44352]]

review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477-78) or at https://www.transportation.gov/privacy.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or to the street 
address listed above. Follow the online instructions for accessing the 
dockets.

Page Limits for National Environmental Policy Act Documents and Focused 
Analyses

    Consistent with the Council on Environmental Quality (CEQ) 
``Regulations for Implementing the Procedural Provisions of the 
National Environmental Policy Act'' (NEPA), this interim policy 
provides that, to the extent practicable, DOT operating administrations 
(OAs) should limit the text of draft and final environmental impact 
statements (EISs) to 150 pages, unless they are of an unusual scope or 
complexity. The interim policy also recommends that environmental 
assessments not exceed 75 pages. The memorandum also discusses best 
practices to help comply with these page limits.
    DOT finds it necessary to issue this interim policy because lengthy 
NEPA documents, containing extraneous detail and needless data, have 
resulted in increases in both time and cost to complete the 
environmental review process and has made it increasingly difficult for 
agency decisionmakers and the public to find the relevant information 
regarding proposed actions. Setting appropriate page limits is 
recognized as a mechanism to reduce excessive paperwork and ensure that 
NEPA documentation is clear, concise, and focused.
    In addition to reaffirming the requirements found in CEQ 
regulations, this memorandum is consistent with the Department's 
existing NEPA implementing procedures, DOT Order 5610.1C, ``Procedures 
for Considering Environmental Impacts'' (July 30, 1985). It also aligns 
with the goals stated in Executive Order (E.O.) 13807, Establishing 
Discipline and Accountability in the Environmental Review and 
Permitting Process for Infrastructure Projects, 82 FR 40463 (Aug. 24, 
2017), to achieve more efficient and effective Federal infrastructure 
decisions. The E.O. includes the goal of completing all Federal 
environmental reviews and authorization decisions for ``major 
infrastructure projects'' within 2 years.

Application of the One Federal Decision Process to DOT Projects

    On August 15, 2017, the President signed E.O. 13807, Establishing 
Discipline and Accountability in the Environmental Review and 
Permitting Process for Infrastructure Projects. This E.O. mandated 
Federal agencies to use a One Federal Decision (OFD) process for 
``major infrastructure projects'' (MIPs). MIPs are defined by the E.O. 
as infrastructure projects that require multiple authorizations by 
Federal agencies, where the lead agency has determined that the 
projects will require an environmental impact statement (EIS), and the 
project sponsor has identified the reasonable availability of funds 
sufficient to complete the project. The E.O. directs Federal agencies 
that have MIPs to prepare a permitting timetable to be tracked through 
the Federal Permitting Dashboard at https://www.permits.performance.gov/, establish an elevation process when a 
milestone may be missed or extended through an accountability system, 
and prepare a single environmental document and record of decision 
(ROD). These projects should have one lead Federal agency to navigate 
the project through the environmental review and authorization process. 
The E.O. establishes the goal of completing the environmental review 
process for MIPs in two years. In addition, all Federal authorization 
decisions should be completed within 90 days of the issuance of the 
ROD. Section 5(b)(iv)(C) also makes clear that the E.O. should be 
followed by State, tribal, or local agencies that are exercising an 
assignment or delegation of a Federal agency's NEPA responsibilities.
    On April 9, 2018, several Departments and agencies involved in the 
development and approval of infrastructure projects, including DOT, 
executed a Memorandum of Understanding (MOU) to facilitate the 
implementation of the E.O. The MOU outlined the roles and 
responsibilities for the agencies. This included establishing a pre-
scoping process, concurrence points where each agency would have to 
agree in writing to key decision points, an elevation process to 
address disputes and schedule changes, and limited exceptions for 
applying the OFD process.
    In September 26, 2018, Office of Management and Budget (OMB) 
released Memorandum M-18-25, Modernize Infrastructure Permitting Cross-
Agency Priority Goal Performance Accountability System. This memorandum 
outlined how agencies would be held accountable for the implementation 
of the OFD process to their projects.
    The DOT interim policy on the Application of the OFD Process to DOT 
Projects provides DOT NEPA practitioners the processes and procedures 
to implement the E.O., the MOU, and the OMB accountability system 
guidance to DOT projects. It incorporates guidance issued by OMB and 
CEQ on the application of the E.O. to States participating in the NEPA 
Assignment Program authorized by 23 U.S.C. 327. See M-19-11, Memorandum 
for the Secretary of Transportation: Guidance on the Applicability of 
E.O. 13807 to States with NEPA Assignment Authority under the Surface 
Transportation Project Delivery Program (Feb. 26, 2019), https://www.whitehouse.gov/wp-content/uploads/2019/02/m-19-11.pdf.

    Issued in Washington, DC, on August 19, 2019.
Loren Smith,
Deputy Assistant Secretary for Transportation Policy.
[FR Doc. 2019-18204 Filed 8-22-19; 8:45 am]
 BILLING CODE 4910-9X-P