41360 Federal Register / Vol. 86, No. 144 / Friday, July 30, 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) 

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, 

john.cossa@fpisc.gov. 

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

Sequence No. Title Regulation 

Identifier No. 

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

Authorizations.

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).

3121–AA01 

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 

Action Date FR Cite 

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: amber.levofsky@fpisc.gov. 

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 


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

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: 

john.cossa@fpisc.gov. 

RIN: 3121–AA01 

[FR Doc. 2021–14890 Filed 7–29–21; 8:45 am] 

BILLING CODE 6820–PL–P 


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