[Federal Register Volume 88, Number 204 (Tuesday, October 24, 2023)]
[Proposed Rules]
[Page 72974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23456]



[[Page 72974]]

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FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL

40 CFR Part 1900

[Docket Number 2023-001]
RIN 3121-AA04


Revising Scope of the Mining Sector of Projects That Are Eligible 
for Coverage Under Title 41 of the Fixing America's Surface 
Transportation Act

AGENCY: Federal Permitting Improvement Steering Council.

ACTION: Extension of comment period.

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SUMMARY: The Federal Permitting Improvement Steering Council 
(Permitting Council) is extending by 30 days the deadline for 
submitting comments on its proposal to amend its regulations to revise 
the scope of ``mining'' as a sector with infrastructure projects 
eligible for coverage under Title 41 of the Fixing America's Surface 
Transportation Act (FAST-41) to: (1) apply solely to critical minerals 
mining projects; and (2) expand the scope of the sector to include 
infrastructure constructed to support critical minerals supply chain 
activities, including critical minerals beneficiation, processing, and 
recycling.

DATES: Comments now must be submitted on or before November 22, 2023.

ADDRESSES: You may send comments, identified by Permitting Council 
Docket Number 2023-001 or RIN 3121-AA04, by any of the following 
methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for sending comments.
     Mail: Federal Permitting Improvement Steering Council, 
Office of the Executive Director, 1800 M St. NW, Suite 6006, 
Washington, DC 20036, Attention: RIN 3121-AA04.

FOR FURTHER INFORMATION CONTACT: John G. Cossa, General Counsel, 
Federal Permitting Improvement Steering Council, 1800 M St. NW, Suite 
6006, Washington, DC 20036, [email protected], or by telephone at 
202-255-6936.
    Persons 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: On September 22, 2023, the Permitting 
Council published in the Federal Register a proposed rule that would 
amend the Permitting Council's regulations at 40 CFR part 1900 to 
revise the scope of the FAST-41 ``mining'' sector to: (1) apply solely 
to critical minerals mining projects; and (2) expand the scope of the 
sector to include infrastructure constructed to support critical 
minerals supply chain activities, including critical minerals 
beneficiation, processing, and recycling. 88 FR 65350. The proposal 
provided a 30-day comment period, which would have expired on October 
23, 2023.
    On October 13, 2023, the Permitting Council received a letter 
submitted on behalf of various environmental and Tribal entities 
requesting an extension of the 30-day comment period by an additional 
60 days, through December 22, 2023. The Permitting Council has reviewed 
the request and has determined that an extension of 30 days is 
warranted to provide the public additional time to review the proposed 
rule and prepare comments. The full 60-day request was not granted 
given that the proposed rule is administrative in nature and does not 
make any critical minerals mining or supply chain project more or less 
likely to be approved or implemented, or any environmental or economic 
effect that may be associated with a critical minerals infrastructure 
project to occur. Accordingly, the Permitting Council is extending the 
comment period for this proposed rulemaking from October 23, 2023, to 
November 22, 2023. Comments on the proposed rule now must be submitted 
on or before November 22, 2023.
* * * * *

Eric Beightel,
Executive Director, Federal Permitting Improvement Steering Council.
[FR Doc. 2023-23456 Filed 10-23-23; 8:45 am]
BILLING CODE 6820-PL-P