[Federal Register Volume 85, Number 166 (Wednesday, August 26, 2020)]
[Proposed Rules]
[Pages 52875-52877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16772]
[[Page 52875]]
Vol. 85
Wednesday,
No. 166
August 26, 2020
Part XXXI
Federal Permitting Improvement Council
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Semiannual Regulatory Agenda
Federal Register / Vol. 85, No. 166 / Wednesday, August 26, 2020 /
UA: Reg Flex Agenda
[[Page 52876]]
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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 or
FPISC) plans to undertake in the 12 months following the General
Service Administration's fall 2019 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,'' as amended,
Executive Order 13771 ``Reducing Regulation and Controlling Regulatory
Costs,'' and Executive Order 13563 ``Improving Regulation and
Regulatory Review.''
FOR FURTHER INFORMATION CONTACT: John Cossa, Senior Counsel, Federal
Permitting Improvement Steering Council, Office of the Executive
Director, 1800 G Street NW, Suite 2400, Washington, DC 20405, (202)
322-6856, 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 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. 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
section 610 of 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.
Alexander Herrgott,
Executive Director.
Federal Permitting Improvement Steering Council--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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390....................... FPISC Case 2020-001, 3121-AA01
Adding Non-Energy Mining
as a Sector of Projects
Eligible for Coverage
Under Title 41 of the
Fixing America's Surface
Transportation Act (FAST-
41).
391....................... Adding Land Revitalization 3121-AA02
as a Sector of Projects
Eligible for Coverage
Under Title 41 of the
Fixing America's Surface
Transportation Act (FAST-
41).
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Federal Permitting Improvement Steering Council--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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392....................... FPISC Case 2018-001; Fees 3121-AA00
for Governance,
Oversight, and Processing
of Environmental Reviews
and Authorizations.
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FEDERAL PERMITTING IMPROVEMENT STEERING COUNCIL (FPISC)
Proposed Rule Stage
390. FPISC Case 2020-001, Adding Non-Energy 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 non-energy mining as a
sector of projects eligible for coverage under FAST-41. Inclusion of
non-energy mining on the covered sector list does not guarantee that
any particular mining project will be
[[Page 52877]]
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
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NPRM................................ 06/00/20
NPRM Comment Period End............. 07/00/20
Final Rule.......................... 10/00/20
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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-AA01
391. 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:
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Action Date FR Cite
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NPRM................................ 07/00/20
NPRM Comment Period End............. 08/00/20
Final Rule.......................... 11/00/20
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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
392. 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 44,846, 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:
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Action Date FR Cite
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NPRM................................ 09/04/18 83 FR 44846
NPRM Comment Period End............. 11/05/18
Final Rule.......................... 10/00/20
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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: 202 214-2064, Email:
amber.levofsky@fpisc.gov.
RIN: 3121-AA00
[FR Doc. 2020-16772 Filed 8-25-20; 8:45 am]
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