17052 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 

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 Permitting 

Council’s spring 2020 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,’’ Executive Order 13771 

‘‘Reducing Regulation and Controlling 

Regulatory Costs,’’ 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 20405, (202) 255–6936, 

john.cossa@fpisc.gov. 

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 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 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. 

Dated: March 3, 2021. 

Amber Levofsky, 

Senior Advisor and Executive Operations 

Manager. 

FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

506 .................... 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).

3121–AA01 

507 .................... Adding Land Revitalization as a Sector of Projects Eligible for Coverage Under Title 41 of the Fixing 

America’s Surface Transportation Act (FAST–41).

3121–AA02 

FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

508 .................... FPISC Case 2018–001; Fees for Governance, Oversight, and Processing of Environmental Reviews and 

Authorizations.

3121–AA00 

FEDERAL PERMITTING 

IMPROVEMENT STEERING COUNCIL 

(FPISC) 

Proposed Rule Stage 

506. 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) 

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 mining as a sector 

of projects eligible for coverage under 

FAST–41. Inclusion of mining on the 

covered sector list does not guarantee 


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Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 17053 

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: 

Action Date FR Cite 

NPRM .................. 12/00/20 

NPRM Comment 

Period End.

01/00/21 

Final Rule ............ 03/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: John Cossa, General 

Counsel, Office of the Executive 

Director, Federal Permitting 

Improvement Steering Council, 1800 F 

Street NW, Washington, DC 20006, 

Phone: 202 607–3498, Email: 

john.cossa@fpisc.gov. 

RIN: 3121–AA01 

507. 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 .................. 03/00/21 

NPRM Comment 

Period End.

04/00/21 

Final Rule ............ 06/00/21 

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: 

nicholas.falvo@fpisc.gov. 

RIN: 3121–AA02 

FEDERAL PERMITTING 

IMPROVEMENT STEERING COUNCIL 

(FPISC) 

Final Rule Stage 

508. 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 

44846, 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 ............ 03/00/21 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Amber Levofsky, 

Senior Advisor and Executive 

Operations Manager, Federal Permitting 

Improvement Steering Council, 1800 G 

Street NW, Suite 2400, Washington, DC 

20006, Phone: 202 412–2064, Email: 

amber.levofsky@fpisc.gov. 

RIN: 3121–AA00 

[FR Doc. 2021–04811 Filed 3–30–21; 8:45 am] 

BILLING CODE 6820–PL–P 


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