[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Proposed Rules]
[Page 26888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10047]


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FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL

40 CFR Chapter IX

[FPISC Case 2018-001; Docket No. 2018-0008, Sequence No. 1]
RIN 3090-AJ88


Fees for Governance, Oversight, and Processing of Environmental 
Reviews and Authorizations by the Federal Permitting Improvement 
Steering Council; Withdrawal

AGENCY: Federal Permitting Improvement Steering Council.

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: The Federal Permitting Improvement Steering Council 
(Permitting Council) hereby withdraws its proposal to establish an 
initiation fee for project sponsors to reimburse the Permitting Council 
for reasonable costs associated with implementing and managing certain 
aspects of the program established under Title 41 of the Fixing 
America's Surface Transportation Act (FAST-41). The Permitting Council 
will continue to assess the relative merits of collecting fees from 
project sponsors and various fee structures, and may undertake a 
separate fees rulemaking in the future.

DATES: The proposed rule published on September 4, 2018 (83 FR 44846), 
is withdrawn on May 18, 2021.

FOR FURTHER INFORMATION CONTACT: John G. Cossa, General Counsel, 
Federal Permitting Improvement Steering Council, 1800 G St. NW, Suite 
2400, Washington, DC 20006, [email protected], or by telephone at 
202-255-6936.
    People who use a telecommunications device for the deaf may call 
the Federal Information Relay Service (FIRS) at 1-800-877-8339 to 
contact this individual during normal business hours or to leave a 
message at other times. FIRS is available 24 hours a day, 7 days a 
week. You will receive a reply to a message during normal business 
hours.

SUPPLEMENTARY INFORMATION: The Permitting Council administers FAST-41, 
42 U.S.C. 4370m et seq., which serves to improve the timeliness, 
predictability, and transparency of the Federal environmental review 
and authorization processes for ``covered'' infrastructure projects. 
Pursuant to 42 U.S.C. 4370m-8(a), Permitting Council member agencies 
may issue regulations establishing a fee structure for project sponsors 
to reimburse the United States for ``reasonable costs'' incurred in 
conducting environmental reviews and authorizations for FAST-41 covered 
projects. Reasonable costs include the cost of administering the FAST-
41 program and the Permitting Council. 42 U.S.C. 4370m-8(b).
    On September 4, 2018, the Permitting Council proposed to establish 
an initiation fee for project sponsors to reimburse the United States 
for reasonable costs associated with implementing certain FAST-41 
provisions and operating the Permitting Council's Office of the 
Executive Director. 83 FR 44846. The Permitting Council continues to 
assess the advantages and disadvantages of: (i) Collecting fees from 
project sponsors; (ii) various fee structures in light of the diverse 
range of FAST-41 covered projects; and (iii) how such fees could be 
used to most effectively comply with and accomplish the goals of FAST-
41. In particular, the Permitting Council is considering whether 
implementing fees at this time may dissuade project sponsors from 
seeking FAST-41 coverage because project review can span more than two 
years and the FAST-41 program is currently scheduled to terminate in on 
December 4, 2022. 42 U.S.C. 4370m-12. The Permitting Council does not 
anticipate completing its assessment of these and other issues related 
to the fee proposal in the immediate future, and therefore is 
withdrawing the proposed rule. The Permitting Council may revisit a 
FAST-41 fees rulemaking in the future.

    Authority: 42 U.S.C. 4370m et seq.

John Cossa,
General Counsel, Federal Permitting Improvement Steering Council.
[FR Doc. 2021-10047 Filed 5-17-21; 8:45 am]
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