47 C.F.R. § 1.1308

Consideration of environmental assessments (EAs); findings of no significant impact

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(a) Applicants shall prepare EAs for actions that may have a significant environmental impact (see § 1.1307). An EA is described in detail in § 1.1311 of this part of the Commission rules.

(b) The EA is a document which shall explain the environmental consequences of the proposal and set forth sufficient analysis for the Bureau or the Commission to reach a determination that the proposal will or will not have a significant environmental effect. To assist in making that determination, the Bureau or the Commission may request further information from the applicant, interested persons, and agencies and authorities which have jurisdiction by law or which have relevant expertise.

Note:

With respect to actions specified under § 1.1307 (a)(3) and (a)(4), the Commission shall solicit and consider the comments of the Department of Interior, and the State Historic Preservation Officer and the Advisory Council on Historic Preservation, respectively, in accordance with their established procedures. See Interagency Cooperation—Endangered Species Act of 1973, as amended, 50 CFR part 402; Protection of Historic and Cultural Properties, 36 CFR part 800. In addition, when an action interferes with or adversely affects an American Indian tribe's religious site, the Commission shall solicit the views of that American Indian tribe. See § 1.1307(a)(5).

(c) If the Bureau or the Commission determines, based on an independent review of the EA and any applicable mandatory consultation requirements imposed upon Federal agencies (see note above), that the proposal will have a significant environmental impact upon the quality of the human environment, it will so inform the applicant. The applicant will then have an opportunity to amend its application so as to reduce, minimize, or eliminate environmental problems. See § 1.1309. If the environmental problem is not eliminated, the Bureau will publish in the Federal Register a Notice of Intent (see § 1.1314) that EISs will be prepared (see §§ 1.1315 and 1.1317), or

(d) If the Bureau or Commission determines, based on an independent review of the EA, and any mandatory consultation requirements imposed upon Federal agencies (see the note to paragraph (b) of this section), that the proposal would not have a significant impact, it will make a finding of no significant impact. Thereafter, the application will be processed without further documentation of environmental effect. Pursuant to CEQ regulations, see 40 CFR 1501.4 and 1501.6, the applicant must provide the community notice of the Commission's finding of no significant impact.

[51 FR 15000, Apr. 22, 1986; 51 FR 18889, May 23, 1986, as amended at 53 FR 28394, July 28, 1988]

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2006–2024 · leading case: Am. Bird Conservancy, Inc. v. Fed. Commc'ns Comm'n, 516 F.3d 1027 (D.C. Cir. 2008).

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Am. Bird Conservancy, Inc. v. Fed. Commc'ns Comm'n, 516 F.3d 1027 (D.C. Cir. 2008). · cites it 4× “Although Petitioners seek a programmatic EIS, and not an EA, the Commission's regulations allow it to pursue an EA as an interim step, and such an EA will determine what subsequent action NEPA requires.”

CTIA—Wireless Ass'n v. Fed. Commc'ns Comm'n, 466 F.3d 105 (D.C. Cir. 2006). · cites it 2× “” 47 C.F.R. § 1.1308 (b). Where a proposal, such as a proposed wireless communications tower, has a “significant environmental effect,” id.”

United Keetoowah Band of Cherokee Indians in Okla v. Fed. Commc'ns Comm'n, 933 F.3d 728 (D.C. Cir. 2019). · cites it 2× “47 C.F.R. § 1.1308 ; see also 40 C.F.R. § 1508.”

Int'l Dark-Sky Ass'n, Inc. v. FCC, 106 F.4th 1206 (D.C. Cir. 2024). “47 C.F.R. § 1.1308 (b). But there are “categories of actions that normally do not have a significant effect on the human environment, … and therefore do not require preparation of an environmental assessment.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.