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Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 / Rules and Regulations existing requirements under the law or agency policies. When a guidance document is binding because the law authorizes binding guidance or because a contract incorporates the guidance, the Council on Environmental Quality must modify the disclaimer to reflect accordingly;
7 If it is a revision to or a replacement of a previously issued guidance document, identify the guidance document that it revises or replaces;
8 Include a short summary of the subject matter covered in the guidance document at the top of the document;
9 Identify the activities to which and the persons to whom the guidance document applies;
10 Include the citation to the statutory provision or regulation to which the guidance document applies or which it interprets; and 11 Be posted on the Council on Environmental Qualitys website.
d Review and clearance. The Office of the General Counsel must review and clear all proposed guidance documents before issuance.

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1519.3 Procedures for the public to request withdrawal or modification of a guidance document.

a Any member of the public may petition the Council on Environmental Quality to withdraw or modify a guidance document.
b The petitioner must submit the request for the withdrawal or modification of a guidance document in writing to the Office of the General Counsel. The petition must contain a statement of the reasons for the petition and any supporting documents to support the petitioners request.
c Upon receipt of a petition for withdrawal or modification of a guidance document, the Office of the General Counsel will consult with the relevant offices and coordinate the response to the petition.
d The Council on Environmental Quality should respond to a petition in writing, including electronically, within 90 days of receipt of a petition. The response should state whether the petition is granted, granted in part and denied in part, denied, or provisionally denied for lack of adequate information.
If the petition is provisionally denied for lack of adequate information, the response should indicate what additional information is necessary to adjudicate the petition. The Office of the General Counsel should respond to the petition in writing no later than 90 days after receipt of the necessary additional information. The response should state
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whether the petition is granted, granted in part and denied in part, or denied.
e The Council on Environmental Quality may consider in a coordinated manner or provide a coordinated response to similar petitions for withdrawal or modification.
f The Council on Environmental Quality need not respond to petitions under this part for withdrawal or modification of documents that do not meet the definition of a guidance document.
1519.4

Significant guidance documents.

a Significant guidance documents definition. For the purposes of this section, significant guidance documents are guidance documents that may be reasonably anticipated to:
1 Lead to an annual effect on the economy of $100 million or more, or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities;
2 Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;
3 Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or 4 Raise novel legal or policy issues arising out of legal mandates, the Presidents priorities, or the principles of Executive Order 12866.
b Actions the Council on Environmental Quality will take before issuing significant guidance documents.
When the Office of Management and Budgets Office of Information and Regulatory Affairs determines that a guidance document is a significant guidance document, the Council on Environmental Quality must:
1 Submit the guidance document for review by the Office of Information and Regulatory Affairs under Executive Order 12866;
2 Publish the draft significant guidance document in the Federal Register for a public notice and comment period of at least 30 days;
i This provision will not apply if the Council on Environmental Quality for good cause finds that notice and public comment is impracticable, unnecessary, or contrary to the public interest.
ii If such a finding is made, the Council on Environmental Quality must incorporate such a finding and a brief statement of its reasoning into the significant guidance document.
3 Obtain approval on a nondelegable basis from the Chairman or an official who is serving in an acting capacity as the Chairman.

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4 Provide a public response to major concerns raised in comments on the draft significant guidance document.
5 Announce the availability of the final significant guidance document.
6 Comply with the applicable requirements for regulations or rules, including significant regulatory actions, set forth in Executive Orders 12866, Regulatory Planning and Review, 13563, Improving Regulation and Regulatory Review, 13609, Promoting International Regulatory Cooperation, 13771, Reducing Regulation and Controlling Regulatory Costs, and 13777, Enforcing the Regulatory Reform Agenda.
c Exemption. This section will not apply if the Chairman or an official who is serving in an acting capacity as the Chairman of the Council on Environmental Quality and the Administrator of the Office of Information and Regulatory Affairs agree that exigency, safety, health, or other compelling cause warrants an exemption from some or all requirements.
FR Doc. 202028881 Filed 1721; 8:45 am BILLING CODE 3225F1P

FEDERAL PERMITTING
IMPROVEMENT STEERING COUNCIL
40 CFR Chapter IX
Agency Docket Number 2020001
RIN 3121AA01

Adding Mining as a Sector of Projects Eligible for Coverage Under Title 41 of the Fixing Americas Surface Transportation Act Federal Permitting Improvement Steering Council.
ACTION: Final rule.
AGENCY:

The Federal Permitting Improvement Steering Council Permitting Council has voted to add mining as a sector with infrastructure projects eligible for coverage under Title 41 of the Fixing Americas Surface Transportation Act FAST41. A new part will be included in the Code of Federal Regulations that adds mining to the list of statutory FAST41 sectors.
The addition of mining as a FAST41
sector will allow qualified mining infrastructure projects to become FAST
41 covered projects. FAST41 coverage will help Federal agencies coordinate their environmental and project review efforts to improve the timeliness, efficiency, predictability, and transparency of the decision-making processes associated with covered
SUMMARY:

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