Goto Section: 1.1313 | 1.1315 | Table of Contents
FCC 1.1314
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.1314 Environmental impact statements (EISs).
(a) Draft Environmental Impact Statements (DEISs) (§ 1.1315) and Final
Environmental Impact Statements (FEISs) (referred to collectively as EISs)
(§ 1.1317) shall be prepared by the Bureau responsible for processing the
proposal when the Commission's or the Bureau's analysis of the EA (§ 1.1308)
indicates that the proposal will have a significant effect upon the
environment and the matter has not been resolved by an amendment.
(b) As soon as practically feasible, the Bureau will publish in the Federal
Register a Notice of Intent to prepare EISs. The Notice shall briefly
identify the proposal, concisely describe the environmental issues and
concerns presented by the subject application, and generally invite
participation from affected or involved agencies, authorities and other
interested persons.
(c) The EISs shall not address non-environmental considerations. To
safeguard against repetitive and unnecessarily lengthy documents, the
Statements, where feasible, shall incorporate by reference material set
forth in previous documents, with only a brief summary of its content. In
preparing the EISs, the Bureau will identify and address the significant
environmental issues and eliminate the insignificant issues from analysis.
(d) To assist in the preparation of the EISs, the Bureau may request further
information from the applicant, interested persons and agencies and
authorities, which have jurisdiction by law or which have relevant
expertise. The Bureau may direct that technical studies be made by the
applicant and that the applicant obtain expert opinion concerning the
potential environmental problems and costs associated with the proposed
action, as well as comparative analyses of alternatives. The Bureau may also
consult experts in an effort to identify measures that could be taken to
minimize the adverse effects and alternatives to the proposed facilities
that are not, or are less, objectionable. The Bureau may also direct that
objections be raised with appropriate local, state or Federal land use
agencies or authorities (if their views have not been previously sought).
(e) The Bureau responsible for processing the particular application and,
thus, preparing the EISs shall draft supplements to Statements where
significant new circumstances occur or information arises relevant to
environmental concerns and bearing upon the application.
(f) The Application, the EA, the DEIS, and the FEIS and all related
documents, including the comments filed by the public and any agency, shall
be part of the administrative record and will be routinely available for
public inspection.
(g) If EISs are to be prepared, the applicant must provide the community
with notice of the availability of environmental documents and the
scheduling of any Commission hearings in that action.
(h) The timing of agency action with respect to applications subject to EISs
is set forth in 40 CFR 1506.10. No decision shall be made until ninety (90)
days after the Notice of Availability of the Draft Environmental Impact
Statement is published in the Federal Register, and thirty (30) days after
the Notice of Availability of the Final Environmental Impact Statement is
published in the Federal Register, which time period may run concurrently,
See 40 CFR 1506.10(c); see also § § 1.1315(b) and 1.1317(b).
(i) Guidance concerning preparation of the Draft and Final Environmental
Statements is set out in 40 CFR part 1502.
[ 51 FR 15000 , Apr. 22, 1986, as amended at 53 FR 28394 , July 28, 1988]
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Goto Section: 1.1313 | 1.1315
Goto Year: 2014 |
2016
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