[Federal Register Volume 85, Number 166 (Wednesday, August 26, 2020)]
[Proposed Rules]
[Pages 52875-52877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16772]



[[Page 52875]]

Vol. 85

Wednesday,

No. 166

August 26, 2020

Part XXXI





Federal Permitting Improvement Council





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





Semiannual Regulatory Agenda

  Federal Register / Vol. 85, No. 166 / Wednesday, August 26, 2020 / 
UA: Reg Flex Agenda  

[[Page 52876]]


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

FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL

40 CFR Part 1900


Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: Federal Permitting Improvement Steering Council.

ACTION: Semiannual regulatory agenda.

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

SUMMARY: This agenda contains the proposed regulatory actions that the 
Federal Permitting Improvement Steering Council (Permitting Council or 
FPISC) plans to undertake in the 12 months following the General 
Service Administration's fall 2019 edition of its semiannual regulatory 
agenda, which included the Permitting Council's previous regulatory 
agenda. The Permitting Council developed this agenda consistent with 
Executive Order 12866 ``Regulatory Planning and Review,'' as amended, 
Executive Order 13771 ``Reducing Regulation and Controlling Regulatory 
Costs,'' and Executive Order 13563 ``Improving Regulation and 
Regulatory Review.''

FOR FURTHER INFORMATION CONTACT: John Cossa, Senior Counsel, Federal 
Permitting Improvement Steering Council, Office of the Executive 
Director, 1800 G Street NW, Suite 2400, Washington, DC 20405, (202) 
322-6856, [email protected].

SUPPLEMENTARY INFORMATION: Title 41 of the Fixing America's Surface 
Transportation Act (FAST-41), 42 U.S.C. 4370m et seq., created the 
Permitting Council, which is comprised of an Office of the Executive 
Director, 13 Federal Agency Council members, and additional Council 
members Council on Environmental Quality and Office of Management and 
Budget. 42 U.S.C. 4370m-1(a) & (b). The Permitting Council is charged 
with improving the timeliness, predictability, and transparency of the 
federal environmental review and authorization process for certain 
critical and high economic value infrastructure projects across a broad 
range of industry sectors, including renewable and conventional energy 
production, electricity transmission, surface transportation, aviation, 
ports and waterways, water resource projects, broadband, pipelines, and 
manufacturing. Certain actions of the Permitting Council are rules of 
general applicability that affect the rights of the public and the 
regulated community and warrant informal rulemaking pursuant to section 
553 of the Administrative Procedure Act, 5 U.S.C. 553.
    The Permitting Council's complete Unified Agenda will be available 
online at www.reginfo.gov and www.regulations.gov in a format that 
offers users an enhanced ability to obtain information from the Unified 
Agenda database. Publication in the Federal Register is mandated for 
the regulatory flexibility agendas required by the Regulatory 
Flexibility Act (RFA), 5 U.S.C. 602. Accordingly, the Permitting 
Council's printed agenda entries will include only:
    (1) Rules that are included in the regulatory flexibility agenda 
pursuant to the RFA because they are likely to have a significant 
economic impact on a substantial number of small entities; and
    (2) rules that have been identified for periodic review under 
section 610 of the RFA, 5 U.S.C. 610.
    Printing of the semiannual regulatory agenda entries is limited to 
fields that contain information required by the RFA's Unified Agenda 
requirements.

Alexander Herrgott,
Executive Director.

  Federal Permitting Improvement Steering Council--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
390.......................  FPISC Case 2020-001,               3121-AA01
                             Adding Non-Energy Mining
                             as a Sector of Projects
                             Eligible for Coverage
                             Under Title 41 of the
                             Fixing America's Surface
                             Transportation Act (FAST-
                             41).
391.......................  Adding Land Revitalization         3121-AA02
                             as a Sector of Projects
                             Eligible for Coverage
                             Under Title 41 of the
                             Fixing America's Surface
                             Transportation Act (FAST-
                             41).
------------------------------------------------------------------------


    Federal Permitting Improvement Steering Council--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
392.......................  FPISC Case 2018-001; Fees          3121-AA00
                             for Governance,
                             Oversight, and Processing
                             of Environmental Reviews
                             and Authorizations.
------------------------------------------------------------------------

FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL (FPISC)

Proposed Rule Stage

390. FPISC Case 2020-001, Adding Non-Energy Mining as a Sector of 
Projects Eligible for Coverage Under Title 41 of the Fixing America's 
Surface Transportation Act (Fast-41)

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 42 U.S.C. 4370m(6)(A)
    Abstract: Title 41 of the Fixing America's Surface Transportation 
Act (FAST-41), 42 U.S.C. 4370m et seq., established the Federal 
Permitting Improvement Council (Permitting Council), which is comprised 
of an Office of the Executive Director, 13 Federal Agency Council 
members, and additional Council members Council on Environmental 
Quality and Office of Management and Budget. The Permitting Council is 
charged with improving the timeliness, predictability, and transparency 
of the federal environmental review and authorization process for 
``covered'' infrastructure projects across a statutorily-identified 
range of industry sectors, including renewable and conventional energy 
production, electricity transmission, surface transportation, aviation, 
ports and waterways, water resource projects, broadband, pipelines, and 
manufacturing. FAST-41 authorizes the Permitting Council, by majority 
vote of the Council members, to add classes of projects to those 
eligible for FAST-41 coverage. 42 U.S.C. 4370m(6)(A). Pursuant to that 
authority, and consistent with Executive Orders 13807 and 13817, the 
Permitting Council is proposing to include non-energy mining as a 
sector of projects eligible for coverage under FAST-41. Inclusion of 
non-energy mining on the covered sector list does not guarantee that 
any particular mining project will be

[[Page 52877]]

covered under FAST-41 or receive the benefits of enhanced coordination 
under the statute. A project sponsor seeking the benefits of FAST-41 
must apply to the Permitting Council for project coverage.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/20
NPRM Comment Period End.............   07/00/20
Final Rule..........................   10/00/20
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Nicholas A. Falvo, Attorney--Advisor, Federal 
Permitting Improvement Steering Council, 1800 G Street NW, Suite 2400, 
Washington, DC 20006, Phone: 202 430-4463, Email: 
[email protected].
    RIN: 3121-AA01

391.  Adding Land Revitalization as a Sector of Projects 
Eligible for Coverage Under Title 41 of the Fixing America's Surface 
Transportation Act (Fast-41)

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 42 U.S.C. 4370m(6)(A)
    Abstract: Title 41 of the Fixing America's Surface Transportation 
Act (FAST-41), 42 U.S.C. 4370m et seq., established the Federal 
Permitting Improvement Council (Permitting Council), which is comprised 
of an Office of the Executive Director, 13 Federal Agency Council 
members and additional Council members Council on Environmental Quality 
and the Office of Management and Budget. The Permitting Council is 
charged with improving the timeliness, predictability, and transparency 
of the Federal environmental review and authorization process for 
covered infrastructure projects across a statutorily-identified range 
of industry sectors, including renewable and conventional energy 
production, electricity transmission, surface transportation, aviation, 
ports and waterways, water resource projects, broadband, pipelines, and 
manufacturing. FAST-41 authorizes the Permitting Council, by majority 
vote of the Council members, to add classes of projects to those 
eligible for FAST-41 coverage. 42 U.S.C. 4370m(6)(A). Pursuant to that 
authority, and consistent with Executive Orders 13807 and 13817, the 
Permitting Council is proposing to include land revitalization as a 
sector of projects eligible for coverage under FAST-41. Inclusion of 
land revitalization on the covered sector list does not guarantee that 
any particular land revitalization project will be covered under FAST-
41 or receive the benefits of enhanced coordination under the statute. 
A project sponsor seeking the benefits of FAST-41 must apply to the 
Permitting Council for project coverage.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/00/20
NPRM Comment Period End.............   08/00/20
Final Rule..........................   11/00/20
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Nicholas A. Falvo, Attorney--Advisor, Federal 
Permitting Improvement Steering Council, 1800 G Street NW, Suite 2400, 
Washington, DC 20006, Phone: 202 430-4463, Email: 
[email protected].
    RIN: 3121-AA02

FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL (FPISC)

Final Rule Stage

392. FPISC Case 2018-001; Fees for Governance, Oversight, and 
Processing of Environmental Reviews and Authorizations

    E.O. 13771 Designation: Fully or Partially Exempt.
    Legal Authority: 42 U.S.C. 4370m-8
    Abstract: The Permitting Council is considering finalizing the 
regulation proposed on September 4, 2018, 83 FR 44,846, that would 
establish a fee structure to reimburse the Permitting Council for 
reasonable costs incurred in coordinating environmental reviews and 
authorizations pursuant to title 41 of the Fixing America's Surface 
Transportation Act (FAST-41), 42 U.S.C. 4370m et seq.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/04/18  83 FR 44846
NPRM Comment Period End.............   11/05/18
Final Rule..........................   10/00/20
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Amber Levofsky, Executive Operations Manager, 
Federal Permitting Improvement Steering Council, 1800 G Street NW, 
Suite 2400, Washington, DC 20006, Phone: 202 214-2064, Email: 
[email protected].
    RIN: 3121-AA00

[FR Doc. 2020-16772 Filed 8-25-20; 8:45 am]
BILLING CODE 6820-PL-P