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FPISC RIN: 3121-AA04 Publication ID: Spring 2022 
Title: Revising the Sectors of Projects Eligible for Coverage Under Title 41 of the Fixing America's Surface Transportation (FAST-41) 

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 the Office of Management and Budget. The Permitting Council facilitates deliberate, coordinated, and transparent Federal environmental review and authorization for FAST-41 "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 determine additional classes of projects eligible for FAST-41 coverage. 42 U.S.C. 4370m(6)(A). Pursuant to that authority, the Permitting Council is considering whether to include new or revise or remove existing sectors of projects eligible for coverage under FAST-41. Establishment of a sector as a FAST-41 sector would not guarantee that any particular project in the sector would be covered under FAST-41 or receive the benefits of enhanced coordination under the statute. A project sponsor seeking the benefits of FAST-41 would still have to apply to participate in the FAST-41 program and comply with all applicable statutes and regulations.

Agency: Federal Permitting Improvement Steering Council(FPISC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Prerule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 40 CFR 1900   
Legal Authority: 42 U.S.C. 4370m(6)(A)   
Legal Deadline:  None
Action Date FR Cite
ANPRM  12/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
John Cossa
General Counsel
Federal Permitting Improvement Steering Council
1800 G Street NW, Suite 2400,
Washington, DC 20006
Phone:202 255-6936