Proposed Rule2025-01199
Procedures for Considering Environmental Impacts
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 17, 2025
Issuing agencies
Transportation Department
Abstract
The Department of Transportation (the Department) is withdrawing a notice of proposed rulemaking (NPRM) issued on November 23, 2020, that proposed to amend its National Environmental Policy Act (NEPA) implementing procedures.
Full Text
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<title>Federal Register, Volume 90 Issue 11 (Friday, January 17, 2025)</title>
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[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Proposed Rules]
[Page 5808]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01199]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 13
[Docket 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: Proposed rule; withdrawal.
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SUMMARY: The Department of Transportation (the Department) is
withdrawing a notice of proposed rulemaking (NPRM) issued on November
23, 2020, that proposed to amend its National Environmental Policy Act
(NEPA) implementing procedures.
DATES: As of January 17, 2025, the NPRM, ``Procedures for Considering
Environmental Impacts,'' published on November 23, 2020 (85 FR 74640),
is withdrawn.
ADDRESSES: U.S. Department of Transportation, 1200 New Jersey Ave. SE,
Washington, DC 20590, 202-366-9152.
Electronic Access: You can view and download related documents and
public comments by going to the website <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Enter the docket number DOT-DOT-OST-2020-0229 in the search field.
FOR FURTHER INFORMATION CONTACT: April Marchese, Director,
Infrastructure Permitting Improvement Center, 202-366-4416,
<a href="/cdn-cgi/l/email-protection#0968797b60652764687b6a616c7a6c496d667d276e667f"><span class="__cf_email__" data-cfemail="563726243f3a783b3724353e3325331632392278313920">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background: NEPA establishes a national environmental policy of the
Federal Government to use all practicable means and measures to foster
and promote the general welfare, 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). Section 102(2) of NEPA
establishes the procedural requirements to carry out the policy stated
in section 101 of NEPA. It requires Federal agencies to consider the
environmental effects of proposed actions in their decision-making and
prepare detailed environmental statements on recommendations or reports
and other major Federal actions significantly affecting the quality of
the human environment. 42 U.S.C. 4332(2)(C).
On November 23, 2020, the Department issued an NPRM that proposed
to amend its NEPA implementing procedures (85 FR 74640). Specifically,
the Department proposed to revise its current procedures, DOT Order
5610.1C, ``Procedures for Considering Environmental Impacts,''
originally published in 1979, 44 FR 56420 (Oct. 1, 1979), and codify
them in the Code of Federal Regulations. These revisions were never
finalized due to a variety of factors. Therefore, the DOT Order 5610.1C
is still in effect and will continue to be in effect until updates are
made through a public review process. DOT received 49 comments in
response to the proposed rule. Comments were submitted by ten State or
local departments of transportation (State DOTs); two other State
agencies, nine transportation interest groups (trade associations); and
24 private entities and citizens. DOT received one comment from a
member of Congress. DOT received three other comment letters that were
outside of the scope of the rulemaking. The comments received have been
reviewed and will aid in any further revisions that are made to DOT
Order 5610.1C to update and modernize DOT's NEPA procedures.
On June 3, 2024, President Biden signed into law the Fiscal
Responsibility Act of 2023 (FRA, Pub. L. 118-5). The FRA made revisions
to the NEPA statute with the aim of streamlining the environmental
review process. In addition, there have been further refinements in
agency best management practices in the environmental review and
permitting process that should be incorporated into the DOT NEPA
procedures prior to finalizing.
Reason for Withdrawal
Given the revisions to the NEPA statute and updates to best
management practices across the Government for the environmental
permitting and review process, DOT is withdrawing the proposed rule for
DOT's NEPA implementing procedures. Any revisions that are made will be
issued for notice and public comment prior to being finalized.
Issued in Washington, DC, under authority delegated in 49 CFR
1.25a(a)(2):
Christopher Coes,
Assistant Secretary of Transportation Policy.
[FR Doc. 2025-01199 Filed 1-16-25; 8:45 am]
BILLING CODE 4910-9X-P
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