Unified Agenda of Federal Regulatory and Deregulatory Actions

Published date26 August 2020
Citation85 FR 52875
Record Number2020-16772
SectionProposed rules
CourtFederal Permitting Improvement Steering Council
Federal Register, Volume 85 Issue 166 (Wednesday, August 26, 2020)
[Federal Register Volume 85, Number 166 (Wednesday, August 26, 2020)]
                [Unknown Section]
                [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 XXXIFederal Permitting Improvement Council-----------------------------------------------------------------------Semiannual Regulatory Agenda
                Federal Register / Vol. 85, No. 166 / Wednesday, August 26, 2020 /
                UA: Reg Flex Agenda
                [[Page 52876]]
                -----------------------------------------------------------------------
                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 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, [email protected].
                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
                ------------------------------------------------------------------------
                 Regulation
                 Sequence No. Title Identifier No.
                ------------------------------------------------------------------------
                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).
                ------------------------------------------------------------------------
                 Federal Permitting Improvement Steering Council--Final Rule Stage
                ------------------------------------------------------------------------
                 Regulation
                 Sequence No. Title Identifier No.
                ------------------------------------------------------------------------
                392....................... FPISC Case 2018-001; Fees 3121-AA00
                 for Governance,
                 Oversight, and Processing
                 of Environmental Reviews
                 and Authorizations.
                ------------------------------------------------------------------------
                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:
                ------------------------------------------------------------------------
                 Action Date FR Cite
                ------------------------------------------------------------------------
                NPRM................................ 06/00/20
                NPRM Comment Period End............. 07/00/20
                Final Rule.......................... 10/00/20
                ------------------------------------------------------------------------
                 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:
                [email protected].
                 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:
                ------------------------------------------------------------------------
                 Action Date FR Cite
                ------------------------------------------------------------------------
                NPRM................................ 07/00/20
                NPRM Comment Period End............. 08/00/20
                Final Rule.......................... 11/00/20
                ------------------------------------------------------------------------
                 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:
                [email protected].
                 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:
                ------------------------------------------------------------------------
                 Action Date FR Cite
                ------------------------------------------------------------------------
                NPRM................................ 09/04/18 83 FR 44846
                NPRM Comment Period End............. 11/05/18
                Final Rule.......................... 10/00/20
                ------------------------------------------------------------------------
                 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:
                [email protected].
                 RIN: 3121-AA00
                [FR Doc. 2020-16772 Filed 8-25-20; 8:45 am]
                BILLING CODE 6820-PL-P
                

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