64972 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

Notice of Adoption of Electric Vehicle 

Charging Stations Categorical 

Exclusion Under the National 

Environmental Policy Act 

AGENCY: Office of the Secretary, U.S. 

Department of Transportation. 

ACTION: Notice of adoption of categorical 

exclusion. 

SUMMARY: The U.S. Department of 

Transportation (DOT) is adopting the 

Department of Energy’s (DOE’s) Electric 

Vehicle Charging Stations Categorical 

Exclusion (CE) under the National 

Environmental Policy Act to use in DOT 

programs and funding opportunities 

administered by DOT. This notice 

describes the categories of proposed 

actions for which DOT intends to use 

DOE’s CEs and describes the 

consultation between the agencies. 

DATES: This action is effective upon 

publication. 

FOR FURTHER INFORMATION CONTACT: 

April Marchese, Deputy Director, P–30, 

Office of Environment, by phone at 202– 

366–2074, or by email at 

april.marchese@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

National Environmental Policy Act and 

Categorical Exclusions 

The National Environmental Policy 

Act (NEPA), as amended at, 42 U.S.C. 

4321–4347 (NEPA), requires all Federal 

agencies to assess the environmental 

impact of their actions. Congress 

enacted NEPA in order to encourage 

productive and enjoyable harmony 

between humans and the environment, 

recognizing the profound impact of 

human activity and the critical 

importance of restoring and maintaining 

environmental quality to the overall 

welfare of humankind. 42 U.S.C. 4321, 

4331. NEPA’s twin aims are to ensure 

agencies consider the environmental 

effects of their proposed actions in their 

decision-making processes and inform 

and involve the public in that process. 

42 U.S.C. 4331. NEPA created the 

Council on Environmental Quality 

(CEQ), which promulgated NEPA 

implementing regulations, 40 CFR parts 

1500 through 1508 (CEQ regulations). 

To comply with NEPA, agencies 

determine the appropriate level of 

review—an environmental impact 

statement (EIS), environmental 

assessment (EA), or (CE. 42 U.S.C. 4336. 

If a proposed action is likely to have 

significant environmental effects, the 

agency must prepare an EIS and 

document its decision in a record of 

decision. 42 U.S.C. 4336. If the 

proposed action is not likely to have 

significant environmental effects or the 

effects are unknown, the agency may 

instead prepare an EA, which involves 

a more concise analysis and process 

than an EIS. 42 U.S.C. 4336. Following 

the EA, the agency may conclude the 

process with a finding of no significant 

impact if the analysis shows that the 

action will have no significant effects. If 

the analysis in the EA finds that the 

action is likely to have significant 

effects, however, then an EIS is 

required. 

Under NEPA and the CEQ regulations, 

a Federal agency also can establish 

CEs—categories of actions that the 

agency has determined normally do not 

significantly affect the quality of the 

human environment—in their agency 

NEPA procedures. 42 U.S.C. 4336(e)(1); 

40 CFR 1501.4, 1507.3(e)(2)(ii), 

1508.1(d). If an agency determines that 

a CE covers a proposed action, it then 

evaluates the proposed action for 

extraordinary circumstances in which a 

normally excluded action may have a 

significant effect. 40 CFR 1501.4(b). If 

no extraordinary circumstances are 

present or if further analysis determines 

that the extraordinary circumstances do 

not involve the potential for significant 

environmental impacts, the agency may 

apply the CE to the proposed action 

without preparing an EA or EIS. 42 

U.S.C. 4336(a)(2), 40 CFR 1501.4. If the 

extraordinary circumstances have the 

potential to result in significant effects, 

the agency is required to prepare an EA 

or EIS. 

Section 109 of NEPA, enacted as part 

of the Fiscal Responsibility Act of 2023, 

allows a Federal agency to ‘‘adopt’’ or 

use another agency’s CEs for a category 

of proposed agency actions. 42 U.S.C. 

4336(c). To use another agency’s CEs 

under section 109, an agency must 

identify the relevant CEs listed in 

another agency’s (‘‘establishing agency’’) 

NEPA procedures that cover its category 

of proposed actions or related actions; 

consult with the establishing agency to 

ensure that the proposed adoption of the 

CE to a category of actions is 

appropriate; identify to the public the 

CE that the agency plans to use for its 

proposed actions; and document 

adoption of the CE. Id. 

This notice documents DOT’s 

adoption of DOE’s Electric Vehicle 

Charging Stations CE under section 109 

of NEPA to use in DOT programs and 

funding opportunities administered by 

DOT Operating Administrations. 

II. Identification of the Categorical 

Exclusion 

DOE’s Electric Vehicle Charging 

Stations CE 

DOE’s electric vehicle charging 

stations CE is codified in DOE’s NEPA 

procedures as CE B5.23 of 10 CFR part 

1021, subpart D, appendix B, as follows: 

B5.23 Electric Vehicle Charging 

Stations 

The installation, modification, 

operation, and removal of electric 

vehicle charging stations, using 

commercially available technology, 

within a previously disturbed or 

developed area. Covered actions are 

limited to areas where access and 

parking are in accordance with 

applicable requirements (such as local 

land use and zoning requirements) in 

the proposed project area and would 

incorporate appropriate control 

technologies and best management 

practices. 

‘‘Previously disturbed or developed’’ 

refers to land that has been changed 

such that its functioning ecological 

processes have been and remain altered 

by human activity. The phrase 

encompasses areas that have been 

transformed from natural cover to nonnative species or a managed state, 

including, but not limited to, utility and 

electric power transmission corridors 

and rights-of-way, and other areas 

where active utilities and currently used 

roads are readily available. 10 CFR 

1021.410(g)(1). 

The DOE CE also includes additional 

conditions referred to as integral 

elements. (10 CFR part 1021 subpt. D, 

app. B) In order to apply this CE, the 

proposal must be one that would not 

(1) Threaten a violation of applicable 

statutory, regulatory, or permit 

requirements for environment, safety, 

and health, or similar requirements of 

DOT or Executive Orders; 

(2) Require siting and construction or 

major expansion of waste storage, 

disposal, recovery, or treatment 

facilities (including incinerators), but 

the proposal may include categorically 

excluded waste storage, disposal, 

recovery, or treatment actions or 

facilities; 

(3) Disturb hazardous substances, 

pollutants, contaminants, or CERCLAexcluded petroleum and natural gas 

products that preexist in the 

environment such that there would be 

uncontrolled or unpermitted releases; 

(4) Have the potential to cause 

significant impacts on environmentally 

sensitive resources. An environmentally 

sensitive resource is typically a resource 

that has been identified as needing 


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Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Notices 64973 

protection through Executive Order, 

statute, or regulation by Federal, state, 

or local government, or a federally 

recognized Indian tribe. An action may 

be categorically excluded if, although 

sensitive resources are present, the 

action would not have the potential to 

cause significant impacts on those 

resources (such as construction of a 

building with its foundation well above 

a sole-source aquifer or upland surface 

soil removal on a site that has 

wetlands). Environmentally sensitive 

resources include, but are not limited to: 

(i) Property (such as sites, buildings, 

structures, and objects) of historic, 

archeological, or architectural 

significance designated by a Federal, 

state, or local government, federally 

recognized Indian tribe, or Native 

Hawaiian organization, or property 

determined to be eligible for listing on 

the National Register of Historic Places; 

(ii) Federally listed threatened or 

endangered species or their habitat 

(including critical habitat) or Federallyproposed or candidate species or their 

habitat (Endangered Species Act); statelisted or state-proposed endangered or 

threatened species or their habitat; 

Federally-protected marine mammals 

and Essential Fish Habitat (Marine 

Mammal Protection Act; MagnusonStevens Fishery Conservation and 

Management Act); and otherwise 

Federally-protected species (such as the 

Bald and Golden Eagle Protection Act or 

the Migratory Bird Treaty Act); 

(iii) Floodplains and wetlands; 

(iv) Areas having a special 

designation such as Federally- and statedesignated wilderness areas, national 

parks, national monuments, national 

natural landmarks, wild and scenic 

rivers, state and Federal wildlife 

refuges, scenic areas (such as National 

Scenic and Historic Trails or National 

Scenic Areas), and marine sanctuaries; 

(v) Prime or unique farmland, or other 

farmland of statewide or local 

importance, as defined at 7 CFR 

658.2(a), ‘‘Farmland Protection Policy 

Act: Definitions,’’ or its successor; 

(vi) Special sources of water (such as 

sole-source aquifers, wellhead 

protection areas, and other water 

sources that are vital in a region); and 

(vii) Tundra, coral reefs, or rain 

forests; or 

(5) Involve genetically engineered 

organisms, synthetic biology, 

governmentally designated noxious 

weeds, or invasive species, unless the 

proposed activity would be contained or 

confined in a manner designed and 

operated to prevent unauthorized 

release into the environment and 

conducted in accordance with 

applicable requirements, such as those 

of the Department of Agriculture, the 

Environmental Protection Agency, and 

the National Institutes of Health. 

Proposed DOT Category of Actions 

DOT intends to apply this categorical 

exclusion to any DOT EV charging 

station project undertaken directly by 

DOT, to any EV charger action requiring 

an approval by DOT, or to any project 

that is financed in whole or in part 

through Federal funds made available 

by DOT (including the National Electric 

Vehicle Infrastructure Formula Program 

or the Charging and Fueling 

Infrastructure Discretionary Grant 

Program). 

The CE allows for the installation, 

modification, operation, and removal of 

EV charging stations. DOT will consider 

each proposal for EV charging stations 

to ensure that the proposal is within the 

scope of the CE. DOT intends to apply 

this CE in a manner consistent with 

DOE’s application—to the same types of 

proposals (which have included a wide 

variety of locations on and off Federal 

property, differences in local 

conditions, various numbers of EV 

charging stations per proposal, and 

different types of equipment and 

technologies including Level 1, Level 2, 

and DC Fast Charging stations). 

III. Consideration of Extraordinary 

Circumstances 

When applying this CE, DOT will 

evaluate the proposals to ensure 

evaluation of integral elements listed 

above. In addition, in considering 

extraordinary circumstances, DOT will 

consider whether the proposed action 

has the potential to result in significant 

effects as described in DOE’s 

extraordinary circumstances listed at 10 

CFR 1021.410(b)(2). DOE defines 

extraordinary circumstances as unique 

situations presented by specific 

proposals, including, but not limited to, 

scientific controversy about the 

environmental effects of the proposal; 

uncertain effects or effects involving 

unique or unknown risks; and 

unresolved conflicts concerning 

alternative uses of available resources. 

In addition, DOT will also consider if 

there are any extraordinary 

circumstances with regards to section 

4(f). 

IV. Consultation With DOE and 

Determination of Appropriateness 

DOT and DOE consulted on the 

appropriateness of DOT’s adoption of 

the CE from June 2023 through early 

August 2023. DOT and DOE’s 

consultation included a review of DOE’s 

experience developing and applying the 

CE, as well as the types of actions for 

which DOT plans to utilize the CE. 

These DOT actions are very similar to 

the type of projects that DOE funds and 

therefore the impacts of DOT projects 

will be very similar to the impacts of 

DOE projects, which are not significant, 

absent the existence of extraordinary 

circumstances that could involve 

potentially significant impacts. 

Therefore, DOT has determined that its 

proposed use of the CE as described in 

this notice would be appropriate. 

Additional documentation of DOE and 

DOT’s consultation is available upon 

request. 

V. Notice to the Public and 

Documentation of Adoption 

This notice serves to identify to the 

public and document DOT’s adoption of 

DOE’s CE for electric vehicle charging 

stations. The notice identifies the types 

of actions to which DOT will apply the 

CE, as well as the considerations that 

DOT will use in determining whether an 

action is within the scope of the CE. 

Issued under authority delegated in 49 CFR 

1.25(b). 

Carlos Monje, Jr., 

Under Secretary of Transportation for Policy, 

U.S. Department of Transportation. 

[FR Doc. 2023–20238 Filed 9–19–23; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Notice of OFAC Sanctions Actions 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Notice. 

SUMMARY: The U.S. Department of the 

Treasury’s Office of Foreign Assets 

Control (OFAC) is publishing the names 

of one or more persons that have been 

placed on OFAC’s List of Specially 

Designated Nationals and Blocked 

Persons List (SDN List) based on 

OFAC’s determination that one or more 

applicable legal criteria were satisfied. 

All property and interests in property 

subject to U.S. jurisdiction of these 

persons are blocked, and U.S. persons 

are generally prohibited from engaging 

in transactions with them. 

DATES: See SUPPLEMENTARY INFORMATION

section for applicable date(s). 

FOR FURTHER INFORMATION CONTACT: 

OFAC: Bradley T. Smith, Director, tel.: 

202–622–6922; Associate Director for 

Global Targeting, tel.: 202–622–2420; 

Assistant Director for Licensing, tel.: 

202–622–2480; Assistant Director for 

Regulatory Affairs, tel.: 202–622–4855; 

or Assistant Director for Sanctions 


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