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FPISC RIN: 3121-AA04 Publication ID: Fall 2023 
Title: Revising Scope of the Mining Sector of Projects That are Eligible for Coverage Under Title 41 of the Fixing America's Surface Transportation Act 

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 the Executive Director, 13 council members that represent Federal agencies, and additional council members, the Chair of the Council on Environmental Quality, and the Director of 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, semiconductors, artificial intelligence and machine learning, high-performance computing and advanced computer hardware and software, quantum information science and technology, data storage and data management, cybersecurity, carbon capture, and energy storage. FAST-41 authorizes the Permitting Council, by majority vote, to determine additional FAST-41 sectors. 42 U.S.C. 4370m(6)(A). In January 2021, the Permitting Council voted to add "mining" as a FAST-41 sector. 86 FR 1281 (Jan. 8, 2021). The Permitting Council proposes to revise the "mining" sector to: (1) include only critical minerals mining; and (2) expand the sector to include infrastructure constructed to support the critical minerals supply chain, including critical minerals extraction, beneficiation, processing, and recycling. Revising the FAST-41 mining sector would not guarantee that any particular project in the revised 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 demonstrate that the project meets the FAST-41 "covered project" criteria.

Agency: Federal Permitting Improvement Steering Council(FPISC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 1900   
Legal Authority: 42 U.S.C. 4370m(6)(A)   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/00/2023 
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 M Street NW, Suite 6006,
Washington, DC 20036
Phone:202 255-6936