[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Rules and Regulations]
[Pages 34154-34158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13770]
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COUNCIL ON ENVIRONMENTAL QUALITY
40 CFR Part 1507
[CEQ-2021-0001]
RIN 0331-AA08
Deadline for Agencies To Propose Updates to National
Environmental Policy Act Procedures
AGENCY: Council on Environmental Quality.
ACTION: Interim final rule; request for comments.
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SUMMARY: The Council on Environmental Quality (CEQ) is extending the
deadline by two years for Federal agencies to develop or revise
proposed procedures for implementing the procedural provisions of the
National Environmental Policy Act (NEPA).
DATES:
Effective date: This interim rule is effective June 29, 2021.
Comments due date: CEQ must receive comments on this interim rule
by July 29, 2021.
ADDRESSES: You may submit comments through any of the following
methods:
[ssquf] Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
[ssquf] Fax: 202-456-6546.
[ssquf] Mail: Council on Environmental Quality, 730 Jackson Place
NW, Washington, DC 20503.
Instructions: All submissions must include the agency name,
``Council on Environmental Quality,'' and docket number, CEQ-2021-0001,
for this rulemaking. All comments received will be posted without
change to https://www.regulations.gov, including any personal
information provided. Do not submit electronically any information you
consider to be private, Confidential Business Information (CBI), or
other information whose disclosure is restricted by statute.
[ssquf] Docket: For access to the docket to read background
documents or comments received, go to https://www.regulations.gov.
[[Page 34155]]
FOR FURTHER INFORMATION CONTACT: Amy B. Coyle, Deputy General Counsel,
202-395-5750, [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The National Environmental Policy Act of 1969, 42 U.S.C. 4321 et
seq., (NEPA) directs Federal agencies to ``use all practicable means
and measures . . . to create and maintain conditions under which man
and nature can exist in productive harmony, and fulfill the social,
economic, and other requirements of present and future generations of
Americans.'' 42 U.S.C. 4331(a). In pursuit of that directive, NEPA
requires Federal agencies to prepare an environmental impact statement
for ``major Federal actions significantly affecting the quality of the
human environment.'' 42 U.S.C. 4332(2)(C). NEPA also established the
Council on Environmental Quality (CEQ) in the Executive Office of the
President, 42 U.S.C. 4342, which oversees Federal agency implementation
of NEPA.
In 1970, President Nixon issued E.O. 11514, Protection and
Enhancement of Environmental Quality, which directed CEQ to issue
guidelines for implementation of NEPA.\1\ In 1977, President Carter
issued E.O. 11991, Relating to Protection and Enhancement of
Environmental Quality, directing CEQ to issue regulations to govern
implementation of NEPA and requiring that Federal agencies comply with
those regulations.\2\ CEQ promulgated implementing regulations in 1978
at 40 CFR parts 1500 through 1508 (``1978 Rule'').\3\ Consistent with
the requirement in 40 CFR 1507.3, Federal agencies, in turn, issued
their own implementing procedures to supplement the 1978 Rule and
integrate the NEPA process into the agencies' specific programs and
processes. CEQ made technical amendments to the 1978 Rule in 1979 \4\
and promulgated minor amendments to it in 1986,\5\ but left the
regulations largely unchanged for over forty years. As a result, an
extensive body of agency practice and caselaw developed based on the
1978 Rule.
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\1\ 35 FR 4247 (Mar. 7, 1970), sec. 3(h).
\2\ 42 FR 26967 (May 25, 1977), sec. 2(g).
\3\ Regulations for Implementing the Procedural Provisions of
the National Environmental Policy Act, 43 FR 55978 (Nov. 23, 1978).
\4\ 44 FR 873 (Jan. 3, 1979).
\5\ 51 FR 15618 (Apr. 25, 1986) (amending 40 CFR 1502.22).
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On July 16, 2020, CEQ issued a final rule substantially revising
the NEPA implementing regulations (``2020 Rule'').\6\ As amended, 40
CFR 1507.3(b) requires Federal agencies to propose their own
regulations to implement the 2020 Rule by September 14, 2021. CEQ
issued a Memorandum to the Federal agencies on July 16, 2020, and the
Office of Management and Budget (OMB) issued a Memorandum to the
Federal agencies on November 2, 2020, establishing deadlines for
Federal agencies to implement the September 14, 2021 deadline.\7\
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\6\ 85 FR 43304 (July 16, 2020).
\7\ CEQ, Memorandum for Heads of Federal Departments and
Agencies, Implementation of Updated National Environmental Policy
Act Regulations (July 16, 2020), https://ceq.doe.gov/docs/laws-regulations/memo-implementation-updated-regs-2020-07-16-withdrawn.pdf; Budget and Management Guidance on Updates to the
Regulations Implementing the Procedural Provisions of the National
Environmental Policy Act, M-21-01 (Nov. 2, 2020), https://www.whitehouse.gov/wp-content/uploads/2020/11/M-21-01.pdf.
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On January 20, 2021, President Biden signed E.O. 13990, Protecting
Public Health and the Environment and Restoring Science to Tackle the
Climate Crisis, to empower America's workers, combat climate change,
address environmental justice, and improve and protect public health
and the environment.\8\ In accomplishing these goals, E.O. 13990
directs Federal agencies to ensure the integrity of their decision-
making processes and make sound decisions based on science. E.O. 13990
directs Federal agencies to review Federal agency actions taken between
January 20, 2017, and January 20, 2021, including the promulgation of
regulations, for consistency with those priorities and to take
appropriate action, including publishing for notice and comment a
proposed rule suspending, revising, or rescinding actions found to be
inconsistent with them. An accompanying White House Fact Sheet
specifically identifies the 2020 Rule as among the actions to be
reviewed.\9\ On January 27, 2021, the President signed E.O. 14008,
Tackling the Climate Crisis at Home and Abroad, which establishes a
government-wide approach to reducing climate pollution and establishes
an Administration policy to increase climate resilience, transition to
a clean-energy economy and support economic opportunities in energy
communities, address environmental justice issues and invest in
disadvantaged communities, and spur well-paying union jobs and economic
growth.\10\ E.O. 14008 also requires the Chair of CEQ and the Director
of OMB to ensure that Federal infrastructure investments reduce climate
pollution and that Federal permitting decisions consider the effects of
greenhouse gas emissions and climate change.\11\
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\8\ 86 FR 7037 (Jan. 25, 2021).
\9\ White House Fact Sheet: List of Agency Actions for Review
(Jan. 20, 2021), https://www.whitehouse.gov/briefing-room/statements-releases/2021/01/20/fact-sheet-list-of-agency-actions-for-review/.
\10\ 86 FR 7619, 7622 (Feb. 1, 2021).
\11\ Id. Sec. 213(a).
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CEQ is engaged in an ongoing and comprehensive review of the 2020
Rule for consistency with the nation's environmental, equity, and
economic priorities; to evaluate the process CEQ used in developing the
2020 Rule; and to consider whether the 2020 Rule properly and lawfully
interprets and implements NEPA. In conducting its review, CEQ will
assess how to amend its NEPA regulations to deliver an efficient
environmental review process that ensures robust public participation
and environmental protection.
II. Summary of Final Rule
CEQ has begun its review of the 2020 Rule and has substantial
concerns about the legality of the 2020 Rule, the process that produced
it, and whether the 2020 Rule meets the nation's needs and priorities,
including the priorities set forth in E.O. 13990 and E.O. 14008. These
concerns include that some of the changes made to the NEPA regulations
create confusion with respect to NEPA implementation, break from
longstanding caselaw interpreting NEPA's statutory requirements, and
may have the purpose or effect of improperly limiting relevant NEPA
analysis, with negative repercussions in critical areas such as climate
change and environmental justice that are inconsistent with the
mandates of E.O. 13990 and E.O. 14008. CEQ plans to address these
issues through further rulemaking, as described below. Notwithstanding
CEQ's ongoing review, the severity of CEQ's concerns, and the
likelihood that CEQ will propose significant amendments to the 2020
Rule, 40 CFR 1507.3(b) currently requires Federal agencies to propose
revisions to agency-specific NEPA regulations within 12 months of
September 14, 2020--by September 14, 2021. Through this interim final
rule, CEQ revises Sec. 1507.3(b) to change 12 months to 36 months,
providing Federal agencies an additional two years, until September 14,
2023, to propose revisions to their NEPA procedures. Federal agencies
have raised concerns to CEQ about developing revised procedures
consistent with the 2020 Rule given its inconsistency with E.O. 13990
and E.O. 14008 and CEQ's ongoing review, which could result in
[[Page 34156]]
additional changes to CEQ's NEPA regulations that would need to be
reflected in agency procedures. This additional period of time will
address these concerns and allow Federal agencies to avoid wasting
resources developing procedures based upon regulations that CEQ may
repeal or substantially amend.
Following this rulemaking, CEQ will initiate further rulemaking to
propose amendments to the 2020 Rule to revise the NEPA implementing
regulations to comply with the statute's text and goals; provide
regulatory certainty to stakeholders; promote better decision making
consistent with NEPA's statutory requirements; ensure appropriate
coordination among Federal agencies, and State, Tribal, and local
governments during the environmental review process; and meet
environmental, climate change, and environmental justice objectives.
Extending the deadline in Sec. 1507.3(b) without first seeking
comment is appropriate for two reasons. First, this amendment is a rule
``of agency organization, procedure, or practice'' exempted from the
Administrative Procedure Act's (APA's) notice and comment rulemaking
procedures and the requirement that substantive rules be published in
the Federal Register thirty days before the effective date. See 5
U.S.C. 553(b)(A), (d). Such procedural rules ``are `primarily directed
toward improving the efficient and effective operations of an agency,
not toward a determination of the rights [or] interests of affected
parties.' '' Mendoza v. Perez, 754 F.3d 1002, 1023 (D.C. Cir. 2014)
(quoting Batterton v. Marshall, 648 F.2d 694, 702 n. 34
(D.C.Cir.1980)). In addressing rules of agency organization, procedure,
or practice, ``Congress intended . . . to distinguish between rules
affecting different subject matters--the rights or interests of
regulated parties, and agencies' internal operations.'' Air Transp.
Ass'n of Am. v. Dep't of Transp., 900 F.2d 369, 378 (D.C. Cir. 1990),
vacated, 498 U.S. 1077, 111 S. Ct. 944, 112 L. Ed. 2d 1033 (1991), and
vacated, 933 F.2d 1043 (D.C. Cir. 1991) (internal quotations and
citations omitted). Providing Federal agencies with additional time to
prepare and propose their own NEPA implementing regulations does not
``encode[] a substantive value judgment,'' Public Citizen v. Dep't of
State, 276 F3.3d 634, 641 (D.C. Cir. 2002) (quoting JEM Broadcasting
Co. v. FCC, 22 F3d. 320, 327-28 (D.C. Cir. 1994), but rather merely
avoids the wasted resources that could occur by requiring Federal
agencies to propose revisions to their regulations before CEQ has
completed its review. See also, e.g., Elec. Priv. Info. Center v. U.S.
Dep't of Homeland Sec., 653 F.3d 1, 5-6 (D.C. Cir. 2011); Aulenback,
Inc. v Fed. Highway Admin., 103 F.3d 156, 169 (D.C. Cir. 1997).
The purely procedural character of extending the time provided by
Sec. 1507.3(b) is reinforced by the fact that this provision only sets
forth the deadline for Federal agencies to propose procedural
revisions, rather than to finalize those revisions, and therefore has
no substantive effect. Because Sec. 1507.3(b) merely establishes an
internal government deadline for Federal agencies to propose revisions
to that agency's internal NEPA procedures, CEQ has determined that
amending that deadline fits within the category of procedural rules
exempted from notice-and-comment rulemaking. CEQ nonetheless invites
comments on this determination.
Second, even if extending the deadline in 40 CFR 1507.3(b) is not
an exempted procedural rule, CEQ has good cause to issue an interim
final rule. The APA authorizes agencies to issue regulations without
notice and public comment when an agency finds, for good cause, that
notice and comment is ``impracticable, unnecessary, or contrary to the
public interest,'' 5 U.S.C. 553(b)(B), and to make the rule effective
immediately for good cause. 5 U.S.C. 553(d)(3). As discussed, 40 CFR
1507.3(b) requires agencies to submit proposals to implement the 2020
Rule within 12 months of September 14, 2020, and section 1507.3(b)(1)
requires Federal agencies to consult with CEQ while developing
proposals. To meet that deadline, agencies must therefore budget and
devote funds and other resources for the revision of procedures in an
expedited manner. CEQ also would have to expend its limited resources
reviewing Federal agencies' proposed implementing procedures before CEQ
completes its review of the 2020 Rule and adopts any amendments. Prior
to President Biden issuing E.O. 13990 and E.O. 14008, which initiated
CEQ's comprehensive review of the 2020 Rule, only the U.S. Department
of Transportation (DOT) had published proposed procedures in the
Federal Register for public comment after consulting with CEQ as
required by 40 CFR 1507.3(b)(1). CEQ estimates that at least 85 more
agencies must comply with the deadline established by 40 CFR 1507.3(b).
It is impracticable to amend the deadline in 40 CFR 1507.3(b)
through an ordinary notice and comment process because there is not
enough time to conduct an adequate public comment process and complete
the rulemaking before the September 14, 2021, deadline and, even if CEQ
could finalize amendment of this provision before September 14, 2021,
Federal agencies would already have devoted significant resources to
preparing their revised procedures. Given the extensive changes made to
the NEPA regulations in the 2020 Rule, the proposed revisions to agency
NEPA procedures called for in 40 CFR 1507.3 may be substantial and
require significant lead time for agencies to complete before September
14, 2021, underscoring the impracticability of proceeding through
ordinary notice and comment. The development of agency NEPA procedures
typically involves significant coordination internal to the agency,
especially when large Departments have multiple agencies within them.
Additionally, the consultation process with CEQ involves discussions
both during the agencies' development of their procedures as well as a
formal review process where CEQ provides comments and agencies make
additional revisions to their proposals before the agency issues them
for public comment. As described above, only DOT published proposed
procedures to satisfy the directive of 40 CFR 1507.3 between the time
that the 2020 Rule was promulgated on July 16, 2020 and January 20,
2021, when E.O. 13990 directed CEQ to commence a review of the 2020
Rule, which evidences the significant investment of time and resources
required for agencies to develop proposed implementing procedures. For
this same reason, keeping the September 14, 2021, deadline without
immediate action is contrary to the public interest because it would
result in Federal agencies' wasteful expenditure of their resources and
personnel to develop proposed procedures to implement a rule that CEQ
is reviewing and intends to revise.
Finally, CEQ finds that it is unnecessary to accept comment before
taking this action because extending the deadline for Federal agencies
to propose implementing procedures will have no impact on the public.
See, e.g., Mack Trucks, Inc. v. EPA, 682 F.3d 87, 94 (D.C. Cir. 2012).
Additionally, CEQ accepted public comment on this 12-month deadline
before promulgating the 2020 Rule, and the extension of the deadline
involves similar issues (the need for time for agencies to update their
procedures following changes to CEQ regulations). See, e.g., Priests
for Life v. U.S. Dep't of Health & Human Servs., 772 F.3d 229, 276
(D.C. Cir. 2014), vacated and remanded sub nom. Zubik v. Burwell, 136
S. Ct. 1557 (2016).
[[Page 34157]]
Furthermore, OMB, the agency with oversight responsibility on
regulatory processes, also has reached the conclusion that requiring
agencies to report on their progress towards the September 14, 2021
deadline would be inconsistent with the Administration's policies.\12\
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\12\ See Revocation of OMB Memorandum M-21-01, ``Budget and
Management Guidance on Updates to the Regulations Implementing the
Procedural Provisions of the National Environmental Policy Act'', M-
21-23 (Apr. 26, 2021), https://www.whitehouse.gov/wp-content/uploads/2021/04/M-21-23.pdf.
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CEQ invites comment on this rule's amendment of Sec. 1507.3(b) to
extend by 2 years the period of time Federal agencies have to propose
implementing procedures that conform with the 2020 Rule, and CEQ's
bases for issuing this amendment as an interim final rule. CEQ will
consider comments it receives and take further action, if appropriate.
III. Rulemaking Analyses and Notices
A. Regulatory Procedures
Under the APA, an agency may waive notice and comment procedures if
an action is an interpretative rule, a general statement of policy, or
a rule of agency organization, procedure, or practice. See 5 U.S.C.
553(b)(A). As discussed in section II, CEQ has determined that this
rule is a rule of ``agency organization, procedure, or practice'' and,
therefore, CEQ is not required to engage in a notice and comment
rulemaking process. Furthermore, because the rule is a procedural rule,
rather than a substantive rule, it may be made effective immediately
upon publication. See 5 U.S.C. 553(d).
B. E.O. 12866, Regulatory Planning and Review, and E.O. 13563,
Improving Regulation and Regulatory Review
E.O. 12866 provides that OIRA will review all significant rules.
E.O. 13563 reaffirms the principles of E.O. 12866, calling for
improvements in the Federal Government's regulatory system to promote
predictability, reduce uncertainty, and use the best, most innovative,
and least burdensome tools for achieving regulatory objectives. OMB
determined that this final rule does not meet the requirements for a
significant regulatory action under E.O. 12866, as supplemented by E.O.
13563, and therefore it was not subject to review.
C. Regulatory Flexibility Act and E.O. 13272, Proper Consideration of
Small Entities in Agency Rulemaking
The Regulatory Flexibility Act, as amended, (RFA), 5 U.S.C. 601 et
seq., and E.O. 13272 \13\ require agencies to assess the impacts of
proposed and final rules on small entities. Under the RFA, small
entities include small businesses, small organizations, and small
governmental jurisdictions. An agency must prepare an Initial
Regulatory Flexibility Analysis (IRFA) unless it determines and
certifies that a proposed rule, if promulgated, would not have a
significant economic impact on a substantial number of small entities.
5 U.S.C. 605(b). This interim rule does not directly regulate small
entities. Rather, the rule applies to Federal agencies and sets forth
the process for their compliance with NEPA. Accordingly, CEQ hereby
certifies that this interim final rule will not have a significant
economic impact on a substantial number of small entities.
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\13\ 67 FR 53461 (Aug. 16, 2002).
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D. National Environmental Policy Act
Under the CEQ regulations, major Federal actions may include
regulations. When CEQ issued regulations in 1978, it prepared a
``special environmental assessment'' for illustrative purposes pursuant
to E.O. 11991. 43 FR 25230, 25232 (June 9, 1978). The NPRM for the 1978
Rule stated ``the impacts of procedural regulations of this kind are
not susceptible to detailed analysis beyond that set out in the
assessment.'' Id. Similarly, in 1986, although CEQ stated in the final
rule that there were ``substantial legal questions as to whether
entities within the Executive Office of the President are required to
prepare environmental assessments,'' it also prepared a special
environmental assessment. 51 FR 15618, 15619 (Apr. 25, 1986). The
special environmental assessment issued in 1986 made a finding of no
significant environmental impact, and there was no finding made for the
assessment of the 1978 Rule. CEQ has similarly developed a special
environmental assessment for this rule and made a finding of no
significant impact, and included them in the docket for this
rulemaking.
E. E.O. 13132, Federalism
E.O. 13132 requires agencies to develop an accountable process to
ensure meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism
implications.\14\ Policies that have federalism implications include
regulations that have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. CEQ does not anticipate that this interim final rule has
federalism implications because it applies to Federal agencies, not
States.
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\14\ 64 FR 43255 (Aug. 10, 1999).
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F. E.O. 13175, Consultation and Coordination With Indian Tribal
Governments
E.O. 13175 requires agencies to have a process to ensure meaningful
and timely input by Tribal officials in the development of policies
that have Tribal implications.\15\ Such policies include regulations
that have substantial direct effects on one or more Indian Tribes, on
the relationship between the Federal Government and Indian Tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian Tribes. The Presidential Memorandum of January
26, 2021 on Tribal Consultation and Strengthening Nation-to-Nation
Relationships reaffirms the provisions of E.O. 13175 and directs
Federal agencies to develop an action plan to implement E.O. 13175. CEQ
adopted an Action Plan for Consultation and Coordination with Tribal
Nations on April 26, 2021, to direct CEQ's actions to identify policies
with Tribal implications and ensure sustained and meaningful
consultation. This interim final rule is not a regulatory policy that
has Tribal implications because it merely extends the time by which
Federal agencies have to propose updates to their NEPA implementing
procedures.
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\15\ 65 FR 67249 (Nov. 9, 2000).
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G. E.O. 12898, Federal Actions To Address Environmental Justice in
Minority Populations and Low-Income Populations
E.O. 12898 requires agencies to make achieving environmental
justice part of their missions by identifying and addressing, as
appropriate, disproportionately high and adverse human health or
environmental effects of agency programs, policies, and activities,
including rulemakings, on minority populations and low-income
populations.\16\ This interim final rule would extend the deadline by
which agencies have to submit proposals for changes to their NEPA
procedures. Submitting a proposal for changes to the NEPA procedures
does not change the manner in which Federal agencies implement NEPA;
agencies would still need to subject those procedures to notice and
comment and then issue final procedures. Therefore, submitting a
proposal does not have adverse human health or environmental effects.
CEQ
[[Page 34158]]
has determined, therefore, that this interim final rule would not cause
disproportionately high and adverse human health or environmental
effects on minority populations and low-income populations.
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\16\ 59 FR 7629 (Feb. 16, 1994).
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H. E.O. 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use
Agencies must prepare a Statement of Energy Effects for significant
energy actions under E.O. 13211.\17\ This interim final rule is not a
``significant energy action'' because it is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy.
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\17\ 66 FR 28355 (May 22, 2001).
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I. E.O. 12988, Civil Justice Reform
Under section 3(a) of E.O. 12988,\18\ agencies must review their
proposed regulations to eliminate drafting errors and ambiguities,
draft them to minimize litigation, and provide a clear legal standard
for affected conduct. Section 3(b) provides a list of specific issues
that agencies should consider when conducting the reviews required by
section 3(a). CEQ has conducted this review and determined that this
interim final rule complies with the requirements of E.O. 12988.
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\18\ 61 FR 4729 (Feb. 7, 1996).
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J. Unfunded Mandate Reform Act
Section 201 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531) requires Federal agencies to assess the effects of their
regulatory actions on State, Tribal, and local governments, and the
private sector to the extent that such regulations incorporate
requirements specifically set forth in law. Before promulgating a rule
that may result in the expenditure by a State, Tribal, or local
government, in the aggregate, or by the private sector of $100 million,
adjusted annually for inflation, in any 1 year, an agency must prepare
a written statement that assesses the effects on State, Tribal, and
local governments and the private sector. 2 U.S.C. 1532. This interim
final rule applies to Federal agencies and would not result in
expenditures of $100 million or more for State, Tribal, and local
governments, in the aggregate, or the private sector in any 1 year.
This action also does not impose any enforceable duty, contain any
unfunded mandate, or otherwise have any effect on small governments
subject to the requirements of 2 U.S.C. 1531-1538.
K. Paperwork Reduction Act
This interim final rule does not impose any new information
collection burden that would require additional review or approval by
OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
List of Subjects in 40 CFR Part 1507
Administrative practice and procedure, Environmental impact
statements, Environmental protection, Natural resources.
Dated: June 22, 2021.
Brenda Mallory,
Chair.
For the reasons stated in the preamble, the Council on
Environmental Quality amends part 1507 in title 40 of the Code of
Federal Regulations to read as follows:
PART 1507--AGENCY COMPLIANCE
0
1. The authority citation for part 1507 continues to read as follows:
Authority: 42 U.S.C. 4321-4347; 42 U.S.C. 4371-4375; 42 U.S.C.
7609; E.O. 11514, 35 FR 4247, 3 CFR, 1966-1970, Comp., p. 902, as
amended by E.O. 11991, 42 FR 26967, 3 CFR, 1977 Comp., p. 123; and
E.O. 13807, 82 FR 40463, 3 CFR, 2017, Comp., p. 369.
0
2. Amend Sec. 1507.3 by revising the first sentence of paragraph (b)
introductory text to read as follows:
Sec. 1507.3 Agency NEPA procedures.
* * * * *
(b) No more than 36 months after September 14, 2020, or 9 months
after the establishment of an agency, whichever comes later, each
agency shall develop or revise, as necessary, proposed procedures to
implement the regulations in this subchapter, including to eliminate
any inconsistencies with the regulations in this subchapter. * * *
* * * * *
[FR Doc. 2021-13770 Filed 6-28-21; 8:45 am]
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