§  1.1312   Facilities for which no preconstruction authorization is required.

   (a) In the case of facilities for which no Commission authorization
   prior to construction is required by the Commission's rules and
   regulations the licensee or applicant shall initially ascertain whether
   the proposed facility may have a significant environmental impact as
   defined in § 1.1307 of this part or is categorically excluded from
   environmental processing under § 1.1306 of this part.

   (b) If a facility covered by paragraph (a) of this section may have a
   significant environmental impact, the information required by § 1.1311
   shall be submitted electronically by the licensee or applicant and
   ruled on by the Commission, and environmental processing (if invoked)
   shall be completed, see § 1.1308, prior to the initiation of
   construction of the facility.

   (c) If a facility covered by paragraph (a) of this section is
   categorically excluded from environmental processing, the licensee or
   applicant may proceed with construction and operation of the facility
   in accordance with the applicable licensing rules and procedures.

   (d) If, following the initiation of construction under this section,
   the licensee or applicant discovers that the proposed facility may have
   a significant environmental effect, it shall immediately cease
   construction which may have that effect, and submit the information
   required by § 1.1311 of this part. The Commission shall rule on that
   submission and complete further environmental processing (if invoked),
   see § 1.1308 of this part, before such construction is resumed.

   (e) Paragraphs (a) through (d) of this section shall not apply to the
   construction of mobile stations.

   [ 55 FR 20396 , May 16, 1990, as amended at  56 FR 13414 , Apr. 2, 1991;  83 FR 19458 , May 3, 2018;  84 FR 59567 , Nov. 5, 2019;  85 FR 85531 , Dec. 29,
   2020]