Interim Policies on Page Limits for National Environmental Policy Act Documents and the Application of the One Federal Decision Process to DOT Projects, 44351-44352 [2019-18204]

Download as PDF jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 164 / Friday, August 23, 2019 / Notices • E-Gov Website: https:// www.Regulations.gov. This site allows the public to enter comments on any Federal Register notice issued by any agency. • Fax: 1–202–493–2251. • Mail: Docket Management System: U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Docket Management System: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: You should identify the docket number for the special permit request you are commenting on at the beginning of your comments. If you submit your comments by mail, please submit two copies. To receive confirmation that PHMSA has received your comments, please include a selfaddressed stamped postcard. Internet users may submit comments at https:// www.Regulations.gov. Note: There is a privacy statement published on https:// www.Regulations.gov. Comments, including any personal information provided, are posted without changes or edits to https://www.Regulations.gov. FOR FURTHER INFORMATION CONTACT: General: Ms. Kay McIver by telephone at 202–366–0113, or email at kay.mciver@dot.gov. Technical: Mr. Steve Nanney by telephone at 713–272–2855, or email at Steve.Nanney@dot.gov. SUPPLEMENTARY INFORMATION: PHMSA has received a special permit request from the Colonial Pipeline Company (Colonial) to deviate from the Federal pipeline safety regulations in 49 CFR 195.310 for two (2) segments of the Colonial hazardous liquid pipeline system, where Colonial has failed to retain certain hydrostatic pressure test records. The first segment is a 66.372mile portion of the 40-inch diameter Line 01 located in Acadia, St. Landry, Point Coupee, and West Feliciana Parishes, Louisiana (see special permit segment 1 below). The second segment is a 10.234-mile portion of the 40-inch diameter Line 01 located in Fulton, DeKalb and Gwinnett Counties, Georgia (see special permit segment 2 below). This special permit, if granted, would waive certain hydrostatic test recordkeeping requirements of 49 CFR 195.310. Colonial operates the pipeline in special permit segment 1 at a VerDate Sep<11>2014 16:40 Aug 22, 2019 Jkt 247001 maximum operating pressure (MOP) of 574 pounds per square inch gauge (psig) and special permit segment 2 is operated at a MOP of 743 psig. The proposed special permit and Draft Environmental Assessment (DEA) for Colonial are available for public review and comment in Docket No. PHMSA–2009–0390 at www.Regulations.gov. We invite interested persons to participate by reviewing the special permit request and DEA, and by submitting written comments, data or other views. Please include any comments on potential safety and environmental impacts that may result if the special permit is granted. Before issuing a decision on the special permit request, PHMSA will evaluate all comments received on or before the comments closing date. Comments received after the comment closing date, will be evaluated if it is possible to do so without incurring additional expense or delay. PHMSA will consider each relevant comment we receive in making our decision to grant or deny a request. Issued in Washington, DC, on August 19, 2019, under authority delegated in 49 CFR 1.97. Alan K. Mayberry, Associate Administrator for Pipeline Safety. [FR Doc. 2019–18169 Filed 8–22–19; 8:45 am] BILLING CODE 4909–60–P DEPARTMENT OF TRANSPORTATION Office of the Secretary of Transportation [Docket No. DOT–OST–2019–0118] RIN 2105–ZA09 RIN 2105–ZA10 Interim Policies on Page Limits for National Environmental Policy Act Documents and the Application of the One Federal Decision Process to DOT Projects Office of the Secretary of Transportation (OST), U.S. Department of Transportation (DOT). ACTION: Notice of availability and request for comments. AGENCY: This notice announces the availability of two U.S. Department of Transportation interim policies for public comment: (1) Page Limits for National Environmental Policy Act Documents and Focused Analyses and (2) Application of the One Federal Decision Process to DOT Projects. DOT anticipates that the Page Limits memorandum will improve the quality SUMMARY: PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 44351 of environmental documentation while reducing the length of these documents. The One Federal Decision memorandum will provide direction on how and when to apply the One Federal Decision process to DOT projects. DATES: Both of these memoranda are effective, as interim policies, on the date of publication of this notice. Comments must be received by September 23, 2019. Late-filed comments will be considered to the extent practicable. FOR FURTHER INFORMATION CONTACT: Rhonda Solomon, Environmental Protection Specialist, U.S. Department of Transportation, Office of the Secretary, 1200 New Jersey Avenue SE, Washington, DC 20590, at (202) 366– 5397 or email rhonda.solomon@dot.gov. SUPPLEMENTARY INFORMATION: Electronic Access and Filing Availability: The Page Limits interim policy is available for public review and comment at: https:// www.transportation.gov/transportationpolicy/permittingcenter/interim-policypage-limits-nepa-documents-andfocused. The One Federal Decision interim policy is also available at: https://www.transportation.gov/ transportation-policy/permittingcenter/ interim-policy-one-federal-decisionimplementation. Comments should refer to the docket number above and be submitted by one of the following methods: • Federal Rulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12–140, Washington, DC, between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal Holidays. Instructions: For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the SUPPLEMENTARY INFORMATION section of this document. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may E:\FR\FM\23AUN1.SGM 23AUN1 44352 Federal Register / Vol. 84, No. 164 / Friday, August 23, 2019 / Notices review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78) or at https:// www.transportation.gov/privacy. Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov or to the street address listed above. Follow the online instructions for accessing the dockets. jbell on DSK3GLQ082PROD with NOTICES Page Limits for National Environmental Policy Act Documents and Focused Analyses Consistent with the Council on Environmental Quality (CEQ) ‘‘Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act’’ (NEPA), this interim policy provides that, to the extent practicable, DOT operating administrations (OAs) should limit the text of draft and final environmental impact statements (EISs) to 150 pages, unless they are of an unusual scope or complexity. The interim policy also recommends that environmental assessments not exceed 75 pages. The memorandum also discusses best practices to help comply with these page limits. DOT finds it necessary to issue this interim policy because lengthy NEPA documents, containing extraneous detail and needless data, have resulted in increases in both time and cost to complete the environmental review process and has made it increasingly difficult for agency decisionmakers and the public to find the relevant information regarding proposed actions. Setting appropriate page limits is recognized as a mechanism to reduce excessive paperwork and ensure that NEPA documentation is clear, concise, and focused. In addition to reaffirming the requirements found in CEQ regulations, this memorandum is consistent with the Department’s existing NEPA implementing procedures, DOT Order 5610.1C, ‘‘Procedures for Considering Environmental Impacts’’ (July 30, 1985). It also aligns with the goals stated in Executive Order (E.O.) 13807, Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects, 82 FR 40463 (Aug. 24, 2017), to achieve more efficient and effective Federal infrastructure decisions. The E.O. includes the goal of completing all Federal environmental reviews and authorization decisions for ‘‘major infrastructure projects’’ within 2 years. VerDate Sep<11>2014 16:40 Aug 22, 2019 Jkt 247001 Application of the One Federal Decision Process to DOT Projects On August 15, 2017, the President signed E.O. 13807, Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects. This E.O. mandated Federal agencies to use a One Federal Decision (OFD) process for ‘‘major infrastructure projects’’ (MIPs). MIPs are defined by the E.O. as infrastructure projects that require multiple authorizations by Federal agencies, where the lead agency has determined that the projects will require an environmental impact statement (EIS), and the project sponsor has identified the reasonable availability of funds sufficient to complete the project. The E.O. directs Federal agencies that have MIPs to prepare a permitting timetable to be tracked through the Federal Permitting Dashboard at https:// www.permits.performance.gov/, establish an elevation process when a milestone may be missed or extended through an accountability system, and prepare a single environmental document and record of decision (ROD). These projects should have one lead Federal agency to navigate the project through the environmental review and authorization process. The E.O. establishes the goal of completing the environmental review process for MIPs in two years. In addition, all Federal authorization decisions should be completed within 90 days of the issuance of the ROD. Section 5(b)(iv)(C) also makes clear that the E.O. should be followed by State, tribal, or local agencies that are exercising an assignment or delegation of a Federal agency’s NEPA responsibilities. On April 9, 2018, several Departments and agencies involved in the development and approval of infrastructure projects, including DOT, executed a Memorandum of Understanding (MOU) to facilitate the implementation of the E.O. The MOU outlined the roles and responsibilities for the agencies. This included establishing a pre-scoping process, concurrence points where each agency would have to agree in writing to key decision points, an elevation process to address disputes and schedule changes, and limited exceptions for applying the OFD process. In September 26, 2018, Office of Management and Budget (OMB) released Memorandum M–18–25, Modernize Infrastructure Permitting Cross-Agency Priority Goal Performance Accountability System. This memorandum outlined how agencies would be held accountable for the PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 implementation of the OFD process to their projects. The DOT interim policy on the Application of the OFD Process to DOT Projects provides DOT NEPA practitioners the processes and procedures to implement the E.O., the MOU, and the OMB accountability system guidance to DOT projects. It incorporates guidance issued by OMB and CEQ on the application of the E.O. to States participating in the NEPA Assignment Program authorized by 23 U.S.C. 327. See M–19–11, Memorandum for the Secretary of Transportation: Guidance on the Applicability of E.O. 13807 to States with NEPA Assignment Authority under the Surface Transportation Project Delivery Program (Feb. 26, 2019), https:// www.whitehouse.gov/wp-content/ uploads/2019/02/m-19-11.pdf. Issued in Washington, DC, on August 19, 2019. Loren Smith, Deputy Assistant Secretary for Transportation Policy. [FR Doc. 2019–18204 Filed 8–22–19; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities; Information Collection Renewal; Submission for OMB Review; Bank Secrecy Act/Money Laundering Risk Assessment Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. AGENCY: The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other federal agencies to take this opportunity to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. In accordance with the requirements of the Paperwork Reduction Act of 1995 (PRA), the OCC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning its information collection entitled, ‘‘Bank Secrecy Act/Money Laundering Risk Assessment,’’ also known as the Money Laundering Risk (MLR) System. The OCC also is giving SUMMARY: E:\FR\FM\23AUN1.SGM 23AUN1

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[Federal Register Volume 84, Number 164 (Friday, August 23, 2019)]
[Notices]
[Pages 44351-44352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18204]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

[Docket No. DOT-OST-2019-0118]
RIN 2105-ZA09
RIN 2105-ZA10


Interim Policies on Page Limits for National Environmental Policy 
Act Documents and the Application of the One Federal Decision Process 
to DOT Projects

AGENCY: Office of the Secretary of Transportation (OST), U.S. 
Department of Transportation (DOT).

ACTION: Notice of availability and request for comments.

-----------------------------------------------------------------------

SUMMARY: This notice announces the availability of two U.S. Department 
of Transportation interim policies for public comment: (1) Page Limits 
for National Environmental Policy Act Documents and Focused Analyses 
and (2) Application of the One Federal Decision Process to DOT 
Projects. DOT anticipates that the Page Limits memorandum will improve 
the quality of environmental documentation while reducing the length of 
these documents. The One Federal Decision memorandum will provide 
direction on how and when to apply the One Federal Decision process to 
DOT projects.

DATES: Both of these memoranda are effective, as interim policies, on 
the date of publication of this notice. Comments must be received by 
September 23, 2019. Late-filed comments will be considered to the 
extent practicable.

FOR FURTHER INFORMATION CONTACT: Rhonda Solomon, Environmental 
Protection Specialist, U.S. Department of Transportation, Office of the 
Secretary, 1200 New Jersey Avenue SE, Washington, DC 20590, at (202) 
366-5397 or email [email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    Availability: The Page Limits interim policy is available for 
public review and comment at: https://www.transportation.gov/transportation-policy/permittingcenter/interim-policy-page-limits-nepa-documents-and-focused. The One Federal Decision interim policy is also 
available at: https://www.transportation.gov/transportation-policy/permittingcenter/interim-policy-one-federal-decision-implementation.
    Comments should refer to the docket number above and be submitted 
by one of the following methods:
     Federal Rulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: 1200 New Jersey Avenue SE, West Building 
Ground Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m. 
ET, Monday through Friday, except Federal Holidays.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Public 
Participation heading of the SUPPLEMENTARY INFORMATION section of this 
document. Note that all comments received will be posted without change 
to https://www.regulations.gov, including any personal information 
provided.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may

[[Page 44352]]

review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (65 FR 19477-78) or at https://www.transportation.gov/privacy.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov or to the street 
address listed above. Follow the online instructions for accessing the 
dockets.

Page Limits for National Environmental Policy Act Documents and Focused 
Analyses

    Consistent with the Council on Environmental Quality (CEQ) 
``Regulations for Implementing the Procedural Provisions of the 
National Environmental Policy Act'' (NEPA), this interim policy 
provides that, to the extent practicable, DOT operating administrations 
(OAs) should limit the text of draft and final environmental impact 
statements (EISs) to 150 pages, unless they are of an unusual scope or 
complexity. The interim policy also recommends that environmental 
assessments not exceed 75 pages. The memorandum also discusses best 
practices to help comply with these page limits.
    DOT finds it necessary to issue this interim policy because lengthy 
NEPA documents, containing extraneous detail and needless data, have 
resulted in increases in both time and cost to complete the 
environmental review process and has made it increasingly difficult for 
agency decisionmakers and the public to find the relevant information 
regarding proposed actions. Setting appropriate page limits is 
recognized as a mechanism to reduce excessive paperwork and ensure that 
NEPA documentation is clear, concise, and focused.
    In addition to reaffirming the requirements found in CEQ 
regulations, this memorandum is consistent with the Department's 
existing NEPA implementing procedures, DOT Order 5610.1C, ``Procedures 
for Considering Environmental Impacts'' (July 30, 1985). It also aligns 
with the goals stated in Executive Order (E.O.) 13807, Establishing 
Discipline and Accountability in the Environmental Review and 
Permitting Process for Infrastructure Projects, 82 FR 40463 (Aug. 24, 
2017), to achieve more efficient and effective Federal infrastructure 
decisions. The E.O. includes the goal of completing all Federal 
environmental reviews and authorization decisions for ``major 
infrastructure projects'' within 2 years.

Application of the One Federal Decision Process to DOT Projects

    On August 15, 2017, the President signed E.O. 13807, Establishing 
Discipline and Accountability in the Environmental Review and 
Permitting Process for Infrastructure Projects. This E.O. mandated 
Federal agencies to use a One Federal Decision (OFD) process for 
``major infrastructure projects'' (MIPs). MIPs are defined by the E.O. 
as infrastructure projects that require multiple authorizations by 
Federal agencies, where the lead agency has determined that the 
projects will require an environmental impact statement (EIS), and the 
project sponsor has identified the reasonable availability of funds 
sufficient to complete the project. The E.O. directs Federal agencies 
that have MIPs to prepare a permitting timetable to be tracked through 
the Federal Permitting Dashboard at https://www.permits.performance.gov/, establish an elevation process when a 
milestone may be missed or extended through an accountability system, 
and prepare a single environmental document and record of decision 
(ROD). These projects should have one lead Federal agency to navigate 
the project through the environmental review and authorization process. 
The E.O. establishes the goal of completing the environmental review 
process for MIPs in two years. In addition, all Federal authorization 
decisions should be completed within 90 days of the issuance of the 
ROD. Section 5(b)(iv)(C) also makes clear that the E.O. should be 
followed by State, tribal, or local agencies that are exercising an 
assignment or delegation of a Federal agency's NEPA responsibilities.
    On April 9, 2018, several Departments and agencies involved in the 
development and approval of infrastructure projects, including DOT, 
executed a Memorandum of Understanding (MOU) to facilitate the 
implementation of the E.O. The MOU outlined the roles and 
responsibilities for the agencies. This included establishing a pre-
scoping process, concurrence points where each agency would have to 
agree in writing to key decision points, an elevation process to 
address disputes and schedule changes, and limited exceptions for 
applying the OFD process.
    In September 26, 2018, Office of Management and Budget (OMB) 
released Memorandum M-18-25, Modernize Infrastructure Permitting Cross-
Agency Priority Goal Performance Accountability System. This memorandum 
outlined how agencies would be held accountable for the implementation 
of the OFD process to their projects.
    The DOT interim policy on the Application of the OFD Process to DOT 
Projects provides DOT NEPA practitioners the processes and procedures 
to implement the E.O., the MOU, and the OMB accountability system 
guidance to DOT projects. It incorporates guidance issued by OMB and 
CEQ on the application of the E.O. to States participating in the NEPA 
Assignment Program authorized by 23 U.S.C. 327. See M-19-11, Memorandum 
for the Secretary of Transportation: Guidance on the Applicability of 
E.O. 13807 to States with NEPA Assignment Authority under the Surface 
Transportation Project Delivery Program (Feb. 26, 2019), https://www.whitehouse.gov/wp-content/uploads/2019/02/m-19-11.pdf.

    Issued in Washington, DC, on August 19, 2019.
Loren Smith,
Deputy Assistant Secretary for Transportation Policy.
[FR Doc. 2019-18204 Filed 8-22-19; 8:45 am]
 BILLING CODE 4910-9X-P
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