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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 [www.gpo.gov]
[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is withdrawn.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 https://www.regulations.gov. 
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, 
[email protected].

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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