Council on Environmental Quality – Federal Register Recent Federal Regulation Documents

The Council on Environmental Quality (CEQ) is proposing to amend its Freedom of Information Act (FOIA) regulations to incorporate amendments to the FOIA set forth in the FOIA Improvement Act of 2016; to conform to guidance for Federal agencies from the Department of Justice; to make them easier for the public to understand and use; and to better reflect CEQ's current policy and practice. These proposed regulations reaffirm CEQ's commitment to providing the fullest possible disclosure of records to the public. In addition, CEQ is proposing to amend its regulations implementing the Privacy Act of 1974 (the Privacy Act) to make them easier for the public to understand and use and to better reflect CEQ's current policy and practice. The proposed regulations would also make administrative changes, including reorganizing, renumbering, and renaming the sections of CEQ's current FOIA and Privacy Act regulations.

On November 20, 2023, the Council on Environmental Quality (CEQ) published a request for information (RFI) to solicit feedback on Phase One of the Environmental Justice Scorecard, which will inform future versions of the Environmental Justice Scorecard. This notice extends the deadline for receiving responses to this RFI by an additional 30 days, until February 22, 2024.

The Council on Environmental Quality (CEQ) is proposing this ``Bipartisan Permitting Reform Implementation Rule'' to revise its regulations for implementing the procedural provisions of the National Environmental Policy Act (NEPA), including to implement the Fiscal Responsibility Act's amendments to NEPA. CEQ proposes the revisions to provide for an effective environmental review process that promotes better decision making; ensure full and fair public involvement; provide for an efficient process and regulatory certainty; and provide for sound decision making grounded in science, including consideration of relevant environmental, climate change, and environmental justice effects. CEQ proposes these changes to better align the provisions with CEQ's extensive experience implementing NEPA; CEQ's perspective on how NEPA can best inform agency decision making; longstanding Federal agency experience and practice; NEPA's statutory text and purpose, including making decisions informed by science; and case law interpreting NEPA's requirements. CEQ invites comments on the proposed revisions.

The Council on Environmental Quality (CEQ) is issuing this request for information (RFI) to solicit feedback on Columbia River salmon and other native fish restoration and other relevant information to an ongoing mediation.

The Council on Environmental Quality (CEQ) is issuing this interim guidance to assist agencies in analyzing greenhouse gas (GHG) and climate change effects of their proposed actions under the National Environmental Policy Act (NEPA). CEQ is issuing this guidance as interim guidance so that agencies may make use of it immediately while CEQ seeks public comment on the guidance. CEQ intends to either revise the guidance in response to public comments or finalize the interim guidance.

As required by the Utilizing Significant Emissions with Innovative Technologies (USE IT) Act, the Council on Environmental Quality (CEQ) is seeking additional member nominations from a diverse range of qualified candidates to serve on the ``Carbon Dioxide Capture, Utilization and Sequestration (CCUS) Federal Lands and Outer Continental Shelf Permitting Task Force'' (Federal and OCS Task Force). Vacancies are anticipated to be filled by February 17, 2023.

The Council on Environmental Quality is issuing this request for information (RFI) to solicit feedback on the vision, framework, and outcomes of the Environmental Justice Scorecard.

In accordance with the Paperwork Reduction Act (PRA), the Council on Environmental Quality (CEQ) is planning to submit an information collection request (ICR), Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery to the Office of Management and Budget (OMB) for review and approval. Before doing so, CEQ is soliciting public comments on specific aspects of the proposed information collection as described below. The PRA requires Federal agencies to publish a notice in the Federal Register concerning each proposed collection of information, including each proposed extension of a currently approved collection, and to allow 60 days for public comment in response to the notice. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.

The Council on Environmental Quality (CEQ) is proposing to modify certain aspects of its regulations for implementing the procedural provisions of the National Environmental Policy Act (NEPA) to generally restore regulatory provisions that were in effect for decades before being modified in 2020. CEQ proposes these changes in order to better align the provisions with CEQ's extensive experience implementing NEPA, in particular its perspective on how NEPA can best inform agency decision making, as well as longstanding Federal agency experience and practice, NEPA's statutory text and purpose, including making decisions informed by science, and case law interpreting NEPA's requirements. The proposed rule would restore provisions addressing the purpose and need of a proposed action, agency NEPA procedures for implementing CEQ's NEPA regulations, and the definition of ``effects.'' CEQ invites comments on the proposed revisions.

On January 8, 2021, the Council on Environmental Quality (CEQ) issued a final rule to implement Executive Order (E.O.) 13891, ``Promoting the Rule of Law Through Improved Agency Guidance Documents.'' In accordance with E.O. 13992, ``Revocation of Certain Executive Orders Concerning Federal Regulation,'' this final rule rescinds CEQ's rule on guidance document procedures.

Pursuant to Executive Order (E.O.) 13891, ``Promoting the Rule of Law Through Improved Agency Guidance Documents,'' this final rule establishes the process that the Council on Environmental Quality (CEQ) will follow for issuing guidance documents. E.O. 13891 requires Federal agencies to finalize regulations or amend existing regulations to establish processes and procedures for issuing guidance documents.

Consistent with Executive Order, ``Efficient Federal Operations,'' and the ``Implementing Instructions for Executive Order 13834 Efficient Federal Operations,'' the Council on Environmental Quality (CEQ) has issued updated guidance to Federal agencies titled, ``Guiding Principles for Sustainable Federal Buildings and Associated Instructions'' (Guidance).

The Council on Environmental Quality (CEQ) issues this final rule to update its regulations for Federal agencies to implement the National Environmental Policy Act (NEPA). CEQ has not comprehensively updated its regulations since their promulgation in 1978, more than four decades ago. This final rule comprehensively updates, modernizes, and clarifies the regulations to facilitate more efficient, effective, and timely NEPA reviews by Federal agencies in connection with proposals for agency action. The rule will improve interagency coordination in the environmental review process, promote earlier public involvement, increase transparency, and enhance the participation of States, Tribes, and localities. The amendments will advance the original goals of the CEQ regulations to reduce paperwork and delays, and promote better decisions consistent with the national environmental policy set forth in section 101 of NEPA.

On June 26, 2019, the Council on Environmental Quality (CEQ) published draft guidance on how National Environmental Policy Act (NEPA) analysis and documentation should address greenhouse gas (GHG) emissions. The CEQ is extending the comment period on the draft guidance, which was scheduled to close on July 26, 2019, for 31 days until August 26, 2019. The CEQ is making this change in response to public requests for an extension of the comment period.

The Chairman of the Council on Environmental Quality (CEQ) has issued instructions to Federal agencies for meeting energy and environmental performance requirements in a manner that increases efficiency, optimizes performance, eliminates unnecessary use of resources, and protects the environment, as required under Executive Order (E.O.) 13834, ``Efficient Federal Operations,'' signed by President Trump on May 17, 2018. The purpose of the Executive Order is to direct agencies on the management of Federal facilities, vehicles, and operations to achieve statutory requirements, while prioritizing actions to reduce waste, cut costs, and enhance resilience of Federal infrastructure and operations for effective accomplishment of agency missions.

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.

The Council on Environmental Quality (CEQ) is withdrawing its ``Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act Reviews,'' for which a Notice of Availability was published on August 5, 2016. 81 FR 51866.

The Council on Environmental Quality (CEQ) is issuing its final guidance on considering greenhouse gas (GHG) emissions and climate change in National Environmental Policy Act (NEPA) reviews. Many projects and programs proposed by, or requiring the approval of, Federal agencies have the potential to emit or sequester GHGs and may be affected by climate change. It follows that, under NEPA, Federal decision-makers and the public should be informed about a proposal's GHG emissions and climate change implications. Such information can help a decision-maker make an informed choice between alternative actions that will result in different levels of GHG emissions or consider mitigation measures that reduce climate change impacts. This final guidance applies to all types of proposed Federal agency actions, including land and resource management actions, and provides agencies with a framework for agency consideration of the effects of GHGs and climate change to ensure efficient and transparent agency decision- making.

The Council on Environmental Quality (CEQ) has issued updated guidance to Federal agencies outlining the key principles and primary requirements for the design, construction, modernization, and operation of new and existing sustainable Federal buildings, as required under Executive Order 13693 (``E.O. 13693''), ``Planning for Federal Sustainability in the Next Decade,'' signed by President Obama on March 19, 2015, 80 FR 15871, March 25, 2015. Section 4(f) of E.O. 13693 calls for ``revised Guiding Principles for both new and existing Federal buildings . . .'' to support Federal efforts to improve the environmental performance, climate resilience, and occupant health and wellness as well as increase the operating efficiency of Federal buildings.

The Office of the United States Trade Representative (USTR) requests written comments from the public identifying Internet and physical markets based outside the United States that should be included in the 2015 Notorious Markets List. In 2010, USTR began publishing the Notorious Markets List separately from the annual Special 301 Report as an ``Out-of-Cycle Review.'' The Notorious Markets List (List) identifies online and physical marketplaces that reportedly engage in and facilitate substantial copyright piracy and trademark counterfeiting.

Pursuant to section 181 of the Trade Act of 1974, as amended (19 U.S.C. 2241), the Office of the United States Trade Representative (USTR) is required to publish annually the National Trade Estimate Report on Foreign Trade Barriers (NTE). With this notice, the Trade Policy Staff Committee (TPSC) is requesting interested persons to submit comments to assist it in identifying significant barriers to U.S. exports of goods, services, and U.S. foreign direct investment for inclusion in the NTE. The TPSC invites written comments from the public on issues that USTR should examine in preparing the NTE. Section 1377 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 3106) (``Section 1377'') requires the USTR to review annually the operation and effectiveness of all U.S. trade agreements regarding telecommunications products and services that are in force with respect to the United States. In past years, USTR has solicited comments with regard to Section 1377 in a separate Federal Register Notice. In 2016, USTR is collecting information regarding the trade barriers pertinent to the conduct of the review called for in Section 1377 through this notice.

This notice announces the initiation the annual review of the eligibility of the sub-Saharan African countries to receive the benefits of the African Growth and Opportunity Act (AGOA). The AGOA Implementation Subcommittee of the Trade Policy Staff Committee (Subcommittee) is developing recommendations for the President on AGOA country eligibility for calendar year 2016. The Subcommittee is requesting written public comments for this review and will conduct a public hearing on this matter. The Subcommittee will consider the written comments, written testimony, and oral testimony in developing recommendations for the President. Comments received related to the child labor criteria may also be considered by the Secretary of Labor in the preparation of the Department of Labor's report on child labor as required under section 412(c) of the Trade and Development Act of 2000. This notice identifies the eligibility criteria under AGOA that must be considered under AGOA, and lists those sub-Saharan African countries that are currently eligible for the benefits of AGOA and those that were ineligible for such benefits in 2015. Pursuant to the Trade Preferences Extension Act of 2015 (TPEA), this year's review of the Republic of South Africa's eligibility is being considered in a separate out of cycle review (see 80 FR 43156).

The Trade Policy Staff Committee (TPSC) is seeking the views of interested parties on the operation of the Caribbean Basin Economic Recovery Act (CBERA), as amended by the Caribbean Basin Trade Partnership Act (CBTPA) (19 U.S.C. 2701 et seq.). Section 212(f) of the CBERA, as amended, requires the President to submit a report to Congress regarding the operation of the CBERA and CBTPA (together commonly referred to as the Caribbean Basin Initiative, or CBI) on or before December 31, 2001, and every two years thereafter. The TPSC invites written comments concerning the operation of the CBI, including comments on the performance of each CBERA and CBTPA beneficiary country under the criteria described in sections 212(b), 212(c), and 213(b)(5)(B) of CBERA, as amended. This information will be used in the preparation of the report to Congress on the operation of the program.

The interagency Trade Policy Staff Committee (TPSC) will convene a public hearing and seek public comment to assist the Office of the United States Trade Representative (USTR) in the preparation of its annual report to the Congress on China's compliance with the commitments made in connection with its accession to the World Trade Organization (WTO).