Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Proposed Rules 28591 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(d); 42 U.S.C. 

9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 

2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 

3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 

FR 2923, 3 CFR, 1987 Comp., p. 193. 

Dated: May 30, 2018. 

Cosmo Servidio, 

Regional Administrator, U.S. Environmental 

Protection Agency Region 3. 

[FR Doc. 2018–12709 Filed 6–19–18; 8:45 am] 

BILLING CODE 6560–50–P 

COUNCIL ON ENVIRONMENTAL 

QUALITY 

40 CFR Parts 1500, 1501, 1502, 1503, 

1504, 1505, 1506, 1507, and 1508 

[Docket No. CEQ–2018–0001] 

RIN: 0331–AA03 

Update to the Regulations for 

Implementing the Procedural 

Provisions of the National 

Environmental Policy Act 

AGENCY: Council on Environmental 

Quality (CEQ). 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Council on 

Environmental Quality (CEQ) is 

considering updating its implementing 

regulations for the procedural 

provisions of the National 

Environmental Policy Act (NEPA). Over 

the past four decades, CEQ has issued 

numerous guidance documents but has 

amended its regulations substantively 

only once. Given the length of time 

since its NEPA implementing 

regulations were issued, CEQ solicits 

public comment on potential revisions 

to update the regulations and ensure a 

more efficient, timely, and effective 

NEPA process consistent with the 

national environmental policy stated in 

NEPA. 

DATES: Comments should be submitted 

on or before July 20, 2018. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number CEQ–2018–0001 through the 

Federal eRulemaking portal at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

FOR FURTHER INFORMATION CONTACT: 

Edward A. Boling, Associate Director for 

the National Environmental Policy Act, 

Council on Environmental Quality, 730 

Jackson Place NW, Washington, DC 

20503. Telephone: (202) 395–5750. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The National Environmental Policy 

Act (NEPA), 42 U.S.C. 4321 et seq., was 

enacted in 1970. NEPA states that ‘‘it is 

the continuing policy of the Federal 

Government, in cooperation with State 

and local governments, and other 

concerned public and private 

organizations, to use all practicable 

means and measures, including 

financial and technical assistance, in a 

manner calculated to foster and promote 

the general welfare, 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). NEPA 

also established CEQ as an agency 

within the Executive Office of the 

President. 42 U.S.C. 4342. 

By Executive Order (E.O.) 11514, 

‘‘Protection and Enhancement of 

Environmental Quality’’ (March 5, 

1970), President Nixon directed CEQ in 

Section 3(h) to issue ‘‘guidelines to 

Federal agencies for the preparation of 

detailed statements on proposals for 

legislation and other Federal actions 

affecting the environment, as required 

by section 102(2)(C) of the Act.’’ CEQ 

published these guidelines in April of 

1970 and revised them in 1973. 

President Carter issued E.O. 11991 

(May 24, 1977), ‘‘Relating to Protection 

and Enhancement of Environmental 

Quality,’’ which amended Section 3(h) 

of E.O. 11514 to direct CEQ to issue 

regulations providing uniform standards 

for the implementation of NEPA, and 

amended Section 2 of E.O. 11514 to 

require agency compliance with the 

CEQ regulations. CEQ promulgated its 

‘‘Regulations for Implementing the 

Procedural Provisions of the National 

Environmental Policy Act’’ (CEQ’s 

NEPA regulations) at 40 CFR parts 

1500–1508. 43 FR 55978 (November 29, 

1978). Since that time, CEQ has 

amended its NEPA regulations 

substantively only once, to eliminate the 

‘‘worst case’’ analysis requirement of 40 

CFR 1502.22. 51 FR 15618 (April 25, 

1986). 

On August 15, 2017, President Trump 

issued E.O. 13807, ‘‘Establishing 

Discipline and Accountability in the 

Environmental Review and Permitting 

Process for Infrastructure Projects.’’ 82 

FR 40463 (August 24, 2017). Section 

5(e) of E.O. 13807 directed CEQ to 

develop an initial list of actions to 

enhance and modernize the Federal 

environmental review and authorization 

process. In response, CEQ published its 

initial list of actions pursuant to E.O. 

13807 and stated that it intends to 

review its existing NEPA regulations in 

order to identify changes needed to 

update and clarify these regulations. 82 

FR 43226 (September 14, 2017). 

II. Request for Comment 

CEQ requests comments on potential 

revisions to update and clarify CEQ 

NEPA regulations. In particular, CEQ 

requests comments on the following 

specific aspects of these regulations, and 

requests that commenters include 

question numbers when providing 

responses. Where possible, please 

provide specific recommendations on 

additions, deletions, and modifications 

to the text of CEQ’s NEPA regulations 

and their justifications. 

NEPA Process 

1. Should CEQ’s NEPA regulations be 

revised to ensure that environmental 

reviews and authorization decisions 

involving multiple agencies are 

conducted in a manner that is 

concurrent, synchronized, timely, and 

efficient, and if so, how? 

2. Should CEQ’s NEPA regulations be 

revised to make the NEPA process more 

efficient by better facilitating agency use 

of environmental studies, analysis, and 

decisions conducted in earlier Federal, 

State, tribal or local environmental 

reviews or authorization decisions, and 

if so, how? 

3. Should CEQ’s NEPA regulations be 

revised to ensure optimal interagency 

coordination of environmental reviews 

and authorization decisions, and if so, 

how? 

Scope of NEPA Review 

4. Should the provisions in CEQ’s 

NEPA regulations that relate to the 

format and page length of NEPA 

documents and time limits for 

completion be revised, and if so, how? 

5. Should CEQ’s NEPA regulations be 

revised to provide greater clarity to 

ensure NEPA documents better focus on 

significant issues that are relevant and 

useful to decisionmakers and the public, 

and if so, how? 

6. Should the provisions in CEQ’s 

NEPA regulations relating to public 

involvement be revised to be more 

inclusive and efficient, and if so, how? 

7. Should definitions of any key 

NEPA terms in CEQ’s NEPA regulations, 

such as those listed below, be revised, 

and if so, how? 

a. Major Federal Action; 

b. Effects; 

c. Cumulative Impact; 

d. Significantly; 

e. Scope; and 

f. Other NEPA terms. 

8. Should any new definitions of key 

NEPA terms, such as those noted below, 

be added, and if so, which terms? 


sradovich on DSK3GMQ082PROD with PROPOSALS
28592 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Proposed Rules 

a. Alternatives; 

b. Purpose and Need; 

c. Reasonably Foreseeable; 

d. Trivial Violation; and 

e. Other NEPA terms. 

9. Should the provisions in CEQ’s 

NEPA regulations relating to any of the 

types of documents listed below be 

revised, and if so, how? 

a. Notice of Intent; 

b. Categorical Exclusions 

Documentation; 

c. Environmental Assessments; 

d. Findings of No Significant Impact; 

e. Environmental Impact Statements; 

f. Records of Decision; and 

g. Supplements. 

10. Should the provisions in CEQ’s 

NEPA regulations relating to the timing 

of agency action be revised, and if so, 

how? 

11. Should the provisions in CEQ’s 

NEPA regulations relating to agency 

responsibility and the preparation of 

NEPA documents by contractors and 

project applicants be revised, and if so, 

how? 

12. Should the provisions in CEQ’s 

NEPA regulations relating to 

programmatic NEPA documents and 

tiering be revised, and if so, how? 

13. Should the provisions in CEQ’s 

NEPA regulations relating to the 

appropriate range of alternatives in 

NEPA reviews and which alternatives 

may be eliminated from detailed 

analysis be revised, and if so, how? 

General 

14. Are any provisions of the CEQ’s 

NEPA regulations currently obsolete? If 

so, please provide specific 

recommendations on whether they 

should be modified, rescinded, or 

replaced. 

15. Which provisions of the CEQ’s 

NEPA regulations can be updated to 

reflect new technologies that can be 

used to make the process more efficient? 

16. Are there additional ways CEQ’s 

NEPA regulations should be revised to 

promote coordination of environmental 

review and authorization decisions, 

such as combining NEPA analysis and 

other decision documents, and if so, 

how? 

17. Are there additional ways CEQ’s 

NEPA regulations should be revised to 

improve the efficiency and effectiveness 

of the implementation of NEPA, and if 

so, how? 

18. Are there ways in which the role 

of tribal governments in the NEPA 

process should be clarified in CEQ’s 

NEPA regulations, and if so, how? 

19. Are there additional ways CEQ’s 

NEPA regulations should be revised to 

ensure that agencies apply NEPA in a 

manner that reduces unnecessary 

burdens and delays as much as possible, 

and if so, how? 

20. Are there additional ways CEQ’s 

NEPA regulations related to mitigation 

should be revised, and if so, how? 

(Authority: 42 U.S.C. 4332, 4342, 4344 and 

40 CFR parts 1500, 1501, 1502, 1503, 1505, 

1506, 1507, and 1508) 

III. Statutory and Executive Order 

Reviews 

Under E.O. 12866, ‘‘Regulatory 

Planning and Review,’’ 58 FR 51735 

(October 4, 1993), this is a ‘‘significant 

regulatory action.’’ Accordingly, CEQ 

submitted this action to the Office of 

Management and Budget (OMB) for 

review under E.O. 12866 and any 

changes made in response to OMB 

recommendations have been 

documented in the docket for this 

action. Because this action does not 

propose or impose any requirements, 

and instead seeks comments and 

suggestions for CEQ to consider in 

possibly developing a subsequent 

proposed rule, the various statutes and 

executive orders that normally apply to 

rulemaking do not apply in this case. If 

CEQ decides in the future to pursue a 

rulemaking, CEQ will address the 

statutes and executive orders applicable 

to that rulemaking at that time. 

Mary B. Neumayr, 

Chief of Staff, Council on Environmental 

Quality. 

[FR Doc. 2018–13246 Filed 6–19–18; 8:45 am] 

BILLING CODE 3225–F8–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 105–60 

[GSPMR Case 2016–105–1; Docket No. 

2016–0004, Sequence No. 1] 

RIN 3090–AJ74 

Public Availability of Agency Records 

and Informational Materials 

AGENCY: Office of Administrative 

Services (OAS), General Services 

Administration (GSA). 

ACTION: Proposed rule. 

SUMMARY: The General Services 

Administration (GSA) is issuing a 

proposed rule to amend its regulations 

implementing the Freedom of 

Information Act (FOIA). The regulations 

are being revised to update and 

streamline the language of several 

procedural provisions and to 

incorporate certain changes brought 

about by the amendments to the FOIA 

under both statutory and nonstatutory 

authorities. This rule also amends the 

GSA’s regulations under the Freedom of 

Information Act (FOIA) to incorporate 

certain changes made to the FOIA by the 

FOIA Improvement Act of 2016. 

Additionally, the regulations are being 

updated to reflect developments in case 

law, executive guidance from the 

Department of Justice—Office of 

Information Policy, technological 

advancements in how the FOIA is 

administered, and to include current 

cost figures to be used in calculating 

and charging fees. Finally, the revisions 

increase the amount of information that 

members of the public may receive from 

the Agency without being charged 

processing fees through proactive 

disclosures. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat Division at one of the 

addresses shown below on or before 

August 20, 2018 to be considered in the 

formation of the final rule. 

ADDRESSES: Submit comments in 

response to GSPMR case 2016–105–1 by 

any of the following methods: 

• Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

searching for ‘‘GSPMR Case 2016–105– 

1’’. Select the link ‘‘Comment Now’’ that 

corresponds with ‘‘GPSMR Case 2016– 

105–1.’’ Follow the instructions 

provided on the screen. Please include 

your name, company name (if any), and 

‘‘GSPMR Case 2016–105–1’’ on your 

attached document. 

• Mail: General Services 

Administration, Regulatory Secretariat 

Division (MVCB), ATTN: Ms. Lois 

Mandell, 1800 F Street NW, 2nd Floor, 

Washington, DC 20405. 

Instructions: Please submit comments 

only and cite GSPMR Case 2016–105–1, 

in all correspondence related to this 

case. All comments received will be 

posted without change to http://

www.regulations.gov, including any 

personal and/or business confidential 

information provided. To confirm 

receipt of your comment(s), please 

check www.regulations.gov, 

approximately two to three days after 

submission to verify posting (except 

allow 30 days for posting of comments 

submitted by mail). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Travis S. Lewis, Director of GSA, OAS, 

Freedom of Information Act and 

Records Management Division, at 202– 

219–3078 via email at travis.lewis@

gsa.gov for clarification of content. For 

information pertaining to status or 

publication schedules, contact the 

Regulatory Secretariat Division at 202– 

501–4755. Please cite GSPMR Case 

2016–105–1. 


sradovich on DSK3GMQ082PROD with PROPOSALS