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FPISC RIN: 3121-AA05 Publication ID: Fall 2023 
Title: Fees for Governance, Oversight, and Processing of Environmental Reviews and Authorizations 

The Federal Permitting Improvement Steering Council (Permitting Council) is considering establishing a fee structure for sponsors of projects covered under Title 41 of the Fixing America’s Surface Transportation Act (FAST-41) to reimburse the United States for reasonable costs incurred in conducting environmental reviews and authorizations for covered projects. 42 U.S.C. 4370m-8(a). The Permitting Council previously proposed a rule that would establish a fee structure for FAST-41 covered projects (83 FR 44846 (Sep. 4, 2018)), but withdrew the proposal on May 18, 2021, because implementing fees so close to the Permitting Council’s then scheduled sunset date of December 4, 2022, would disincentivize project sponsors from seeking FAST-41 coverage. 86 FR 26888. Enactment of the Infrastructure Investment and Jobs Act on November 15, 2021, removed the Permitting Council’s sunset date and permanently reauthorized the agency. Public Law No. 117-58, 70801(h), 135 Stat. 429, 1294. Accordingly, the Permitting Council plans to renew its effort to establish of a fee structure for project sponsors to reimburse the United States for environmental review and authorization of FAST-41 covered projects.

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: Undetermined  Unfunded Mandates: Undetermined 
CFR Citation: 40 CFR 1900   
Legal Authority: 42 U.S.C. 4370m-8(a)   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/00/2023 
NPRM Comment Period End  01/00/2024 
Final Rule  03/00/2024 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations  Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
John G. Cossa
Federal Permitting Improvement Steering Council
1800 G St. NW Suite 200,
Washington, DC 20005
Phone:202 255-6936