Quiero saber acerca de...

Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Rules and Regulations local, or tribal governments or the private sector. Therefore, a statement containing the information required by the UMRA is not required. The rule also is not subject to the requirements of UMRA section 203 because it contains no regulatory requirements that might significantly or uniquely affect small governments. The rule contains no requirements that apply to small governments, nor does it impose obligations upon them.
Federalism E.O. 13132
This action does not have federalism implications under E.O. 13132. The rule will not have a substantial direct effect on the states, on the relationship between the Federal Government and the states, or on the distribution of power and responsibilities among the levels of government. The rule affects only the eligibility of mining project proponents to participate in the voluntary FAST41 program; it will not affect the obligations or rights of states or local governments or state or local governmental entities.

tkelley on DSKBCP9HB2PROD with RULES

Civil Justice Reform E.O. 12988
This rule complies with section 3a of E.O. 12988, which requires agencies to review all rules to eliminate errors and ambiguity and to write all regulations to minimize litigation. This rule also meets the criteria of section 3b2, which requires agencies to write all regulations in clear language with clear legal standards.
Paperwork Reduction Act PRA, 44
U.S.C. 3501 et seq.
The PRA provides that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid control number issued by OMB. Collections of information include requests and requirements that an individual, partnership, or corporation obtain information, and report it to a Federal agency. See 44
U.S.C. 35023; 5 CFR 1320.3c & k.
The rule does not involve an agency request for information, nor does it require an information response. The rule would not alter any of the other FAST41 eligibility criteria or implementation of FAST41, and does not change the information collected from project sponsors seeking FAST41
coverage. The rule could result in a small increase in the number of project sponsors submitting FINs to the Permitting Council.
NEPA, 42 U.S.C. 4321 et seq.
NEPA requires agencies to consider the reasonably foreseeable
VerDate Sep<11>2014

16:26 Jan 07, 2021

Jkt 253001

environmental consequences of major Federal actions significantly affecting the quality of the human environment.
The rule does not make any projectlevel decisions and does not authorize any activity or commit resources to a project that may affect the environment.
Furthermore, under FAST41 all covered projects are subject to NEPA
review. 42 U.S.C. 4370m6A.
FAST41 focuses on facilitating interagency coordination and agency accountability for meeting self-imposed environmental review and permitting timetables and providing certain legal protections for covered projects. The statute expressly does not supersede NEPA or affect any internal procedure or decision-making authority of any agency. See 42 U.S.C. 4370m6d; 42
U.S.C. 4370m6e; 42 U.S.C. 4370m 11. Because FAST41 coverage does not alter or affect the discretion of any agency to approve or deny any permit or authorization for any project, extending potential FAST41 eligibility to otherwise qualified mining projects does not make any mining project more or less likely to be permitted, authorized, or constructed, or any environmental effect that may be associated with such a project to occur.
See 42 U.S.C. 4370m6d2.
Effects on the Energy Supply E.O.
13211
This rule is not a significant energy action for the purposes of E.O. 13211
because it will not have any discernible effect on the energy supply. Qualified energy-related mining projects such as coal and uranium are eligible for coverage under FAST41s conventional energy production sector. The only additive effect of the rule would be to make mining projects that are unrelated to energy production and not covered under other statutory FAST41 sectors eligible for coverage under FAST41.
Adding mining as a FAST41 sector will not extend FAST41 coverage to any specific projectenergy related or otherwisenor will it permit or authorize any mining project. Qualified applicants must first seek and obtain FAST41 coverage. Participation in the FAST41 program does not alter any agencys existing discretion to approve or deny project permits or authorizations, and does not make ultimate project authorization more or less likely. Accordingly, this final rule that adds mining as a FAST41 sector will not affect the supply, distribution, or use of energy, and is not a significant energy action for the purpose of E.O. 13211.

PO 00000

Frm 00035

Fmt 4700

Sfmt 4700

1287

Immediate Effective Date 5 U.S.C.
553d Section 553d of the APA generally requires agencies to publish a rule in the Federal Register at least 30 days prior to its effective date. The purpose of this requirement is to inform affected parties and give them a reasonable time to adjust to the requirements of the new rule. Am. Federation of Govt Empl., AFLCIO v. Block, 655 F.2d 1153, 1157
D.C. Cir. 1981. Pursuant to 5 U.S.C.
553d3, an agency may dispense with the 30-day requirement for good cause.
In this circumstance good cause exists to dispense with the 30 day requirement because the rule designating mining as a FAST41 sector does not impose any short-term requirement or obligation on any party other than the Permitting Council members who promulgated the rule. The other parties affected by the rule are prospective covered project sponsors, who will not be required to take any prompt action or comply with any new regulatory requirements.
Instead, the rule extends to prospective covered project sponsors the opportunity to voluntarily apply for and receive FAST41 coverage benefits at their discretion. The rule does not require timely project sponsor action to receive potential FAST41 benefits.
Because a 30-day delayed effective date in this circumstance would not serve the purpose of 5 U.S.C. 553d, good cause exists to dispense with the requirement. Accordingly this rule takes immediate effect upon publication in the Federal Register.
List of Subjects in 40 CFR Part 1900
Critical infrastructure, Infrastructure, Mines, Mineral resources, Permitting, Reporting and recordkeeping requirements, Underground mining.
For the reasons stated in the preamble to the proposed rule and the preamble above, under the authority stated below, the Federal Permitting Improvement Steering Council hereby adds 40 CFR
chapter IX, consisting of part 1900, to read as follows:

CHAPTER IXFEDERAL PERMITTING
IMPROVEMENT STEERING COUNCIL

PART 1900FEDERAL PERMITTING
IMPROVEMENT
Sec.
1900.1
1900.2

Definitions.
FAST41 sectors.

Authority: 42 U.S.C. 4370m et seq.
1900.1

Definitions.

For the purposes of this part, the following terms shall have the meaning indicated:

E:FRFM08JAR1.SGM

08JAR1