[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Unknown Section]
[Pages 41360-41361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14890]



[[Page 41359]]

Vol. 86

Friday,

No. 144

July 30, 2021

Part XXIV





 Federal Permitting Improvement Steering Council





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Semiannual Regulatory Agenda

  Federal Register / Vol. 86, No. 144 / Friday, July 30, 2021 / UA: Reg 
Flex Agenda  

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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.

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SUMMARY: This agenda contains the proposed regulatory actions that the 
Federal Permitting Improvement Steering Council (Permitting Council) 
plans to undertake in 12 months following the General Service 
Administration's Fall 2020 edition of its semiannual regulatory agenda, 
which included the Permitting Council's previous regulatory agenda. The 
Permitting Council developed this agenda consistent with the Executive 
Order 12866 ``Regulatory Planning and Review,'' and Executive Order 
13563 ``Improving Regulation and Regulatory Review.''

FOR FURTHER INFORMATION CONTACT: John Cossa, General Counsel, Federal 
Permitting Improvement Steering Council, Office of the Executive 
Director, 1800 G Street NW, Suite 2400, Washington, DC 20006, (202) 
607-3498, [email protected].

SUPPLEMENTARY INFORMATION: Established pursuant to Title 41 of the 
Fixing America's Surface Transportation Act (FAST-41), 42 U.S.C. 4370m 
et seq., the Permitting Council is comprised of the Permitting Council 
Executive Director, the designees of 13 Federal agency councilmembers 
(including designees of the Secretaries of Agriculture, Army, Commerce, 
the Interior, Energy, Transportation, Defense, and Homeland Security, 
Administrators of the Environmental Protection Agency and the 
Department of Housing and Urban Development, and Chairmen of the 
Federal Energy Regulatory Commission, Nuclear Regulatory Commission, 
and the Advisory Council on Historic Preservation), and additional 
council members, the Chair of CEQ and the Director of OMB. The 
Permitting Council facilitates coordinated and timely Federal 
environmental review and permitting for FAST-41 ``covered'' 
infrastructure projects. Certain actions of the Permitting Council may 
affect the rights of the public or the regulated community, and 
accordingly 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. Printing of the semiannual 
regulatory agenda entries is limited to fields that contain information 
required by the RFA's Unified Agenda requirements.

    Dated: March 22, 2021.
Karen Hanley,
Acting Executive Director.

   Federal Permitting Improvement Steering Council--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
390.......................  FPISC Case 2018-001; Fees          3121-AA00
                             for Governance,
                             Oversight, and Processing
                             of Environmental Reviews
                             and Authorizations.
391.......................  FPISC Case 2020-001,               3121-AA01
                             Adding Mining 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 (FPISC)

Completed Actions

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

    Legal Authority: 42 U.S.C. 4370m-8
    Abstract: The Permitting Council is withdrawing its proposal (83 FR 
44846 (Sep. 4, 2018)) 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 (FAST41). The Permitting Council will continue to 
assess the relative merits of collecting fees from project sponsors and 
various fee structures.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/04/18  83 FR 44846
NPRM Comment Period End.............   11/05/18
Withdrawn...........................   05/30/21
------------------------------------------------------------------------

    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: 202 412-2064, Email: 
[email protected].
    RIN: 3121-AA00

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

    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, the 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, 
manufacturing, and carbon capture. 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 mining as a 
sector of projects eligible for coverage under FAST-41. Inclusion of

[[Page 41361]]

mining on the covered sector list does not guarantee that any 
particular mining 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:

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               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/27/20  85 FR 75998
NPRM Comment Period End.............   12/28/20
Final Rule..........................   01/08/21  86 FR 1281
Final Rule Effective................   01/08/21
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: John Cossa, General Counsel, Office of the 
Executive Director, Federal Permitting Improvement Steering Council, 
1800 G Street NW, Suite 2400, Washington, DC 20006, Phone: 202 255-
6936, Email: [email protected].
    RIN: 3121-AA01

[FR Doc. 2021-14890 Filed 7-29-21; 8:45 am]
BILLING CODE 6820-PL-P