[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, 
[email protected], or Krystyna Bednarczyk, Office of the General 
Counsel, 202-366-5283, [email protected].

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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