[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR520.25]

[Page 73-75]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 520--PROCEDURES FOR CONSIDERING ENVIRONMENTAL IMPACTS--Table of Contents
 
                          Subpart B--Procedures
 
Sec. 520.25  External review of draft environmental impact statements.

    (a) Requirements. The official responsible for the DEIS shall:
    (1) Transmit 5 copies of the DEIS to the CEQ and 2 copies to TES;
    (2) Solicit comments from all Federal, State, and local agencies 
which have jurisdiction by law or special expertise with respect to the 
possible environmental impact involved, and from the public (see 
Attachment 2); and
    (3) Inform the public and interested parties of the availability of 
the DEIS and provide copies as appropriate; and
    (4) Allow a comment period of not less than 45 days from the Friday 
of

[[Page 74]]

the week following receipt of the draft impact statement by CEQ. 
Requests for extensions shall be granted whenever possible, and 
particularly when warranted by the magnitude and complexity of the 
statement or the extent of citizen interest.
    (b) Procedures--(1) Federal and Federal-State agency review. (i) The 
DEIS shall be circulated for review to the Federal and Federal-State 
agencies with special expertise or jurisdiction by law with regard to 
the potential environmental impact involved. These agencies and their 
relevant areas of expertise are identified in Attachment 2.
    (ii) For actions within the jurisdiction of the Environmental 
Protection Agency (air or water quality, solid wastes, pesticides, 
radiation standards, noise), the DEIS shall be sent to EPA.
    (iii) For actions which would affect any property that is included 
in the National Register of Historic Preservation, the DEIS should be 
sent to the Advisory Council on Historic Preservation and the State 
Liaison Office for Historic Preservation.
    (2) State and local review. Where a review of the proposed action by 
State and local agencies authorized to develop and enforce environmental 
stand-ards is relevant, comments are to be solicited directly from such 
agencies with known responsibilities in environmental matters, and shall 
be obtained as follows:
    (i) Where review of direct Federal development projects, and of 
projects assisted under programs listed in Attachment D to revised OMB 
Circular A-95 (as implemented by DOT 4600.4B ``Evaluation, Review and 
Coordination of DOT Assistance Programs and Projects'', dated February 
27, 1974), takes place prior to preparation of an environmental 
statement, comments of the reviewing agencies on the environmental 
effects of the proposed project are inputs to the environmental 
statement. These comments shall be attached to the draft statement when 
it is circulated for review and copies of the draft shall be sent to 
those who commented. A-05 clearinghouses or other agencies designated by 
the Governor may also secure comments on environmental statements. In 
all cases, copies of the draft environmental statements shall be sent to 
clearinghouses and to the applicant whose project is the subject of the 
statement.
    (ii) Comments shall be directly obtained from appropriate State and 
local agencies, except where review is secured by agreement through A-95 
clearinghouses, unless the Governor of the appropriate State has 
designated some other point for obtaining his review. Instructions for 
obtaining the views of such agencies are contained in the joint OMB-CEQ 
memorandum (see Attachment 4). Comments shall be solicited from 
municipalities and counties on all projects located therein.
    (iii) State and local review of NHTSA procedures, regulations, and 
policies for administering Federal programs of assistance to State and 
local governments shall be obtained pursuant to procedures established 
by OMB Circular No. A-85.
    (iv) Generally, environmental statements on legislative and budget 
proposals may be excluded from State and local review.
    (3) General public review. (i) At the time the DEIS is circulated to 
Federal, State, and local agencies, public availability of the DEIS for 
comment and review will be announced by the CEQ in the Federal Register. 
Copies of the DEIS should be sent to known interested parties, and press 
releases should be sent to local news media advising where the DEIS is 
available and how copies may be obtained. The Office of Public Affairs 
and Consumer Services shall maintain a list of groups, including 
conservation organizations and motor vehicle manufacturers, known to be 
interested in the agency's activities, and directly notify such groups 
of the availability of the DEIS or send them a copy as soon as it has 
been prepared.
    (ii) A DEIS should be available to the public at least 30 days prior 
to the time of a public hearing on the DEIS.
    (iii) Copies of the DEIS will be made available at the NHTSA Docket 
Section, Room 5109, 400 Seventh Street, SW., Washington, DC 20590, and, 
where appropriate, NHTSA Regional Offices, at the offices of any 
applicants or grantees, at appropriate State, regional, and metropolitan 
clearing houses, and local public libraries, and

[[Page 75]]

furnished to public and private organizations and individuals with 
special expertise with respect to the potential environmental impact 
involved, and to those with an interest in the action who request an 
opportunity to comment. Copies to be made available to the public shall 
be provided without charge to the extent practicable, or at a fee which 
is not more than the actual cost of reproducing copies required to be 
sent to other Federal agencies, including the CEQ.
    (iv) A copy of the DEIS should in all cases be sent to any applicant 
whose project is the subject of the statement.
    (v) If a DEIS is changed to a negative declaration as a result of 
the public review process, all agencies and individuals that received 
copies and/or commented on the DEIS must be informed that a negative 
declaration was substituted for the DEIS and given a brief explanation 
of the reason for such substitution.
    (c) Utilization of comments. Comments received on the draft 
statement, and inputs (in summary form, if appropriate) from the 
processes for citizen participation, shall accompany the environmental 
statement through the normal internal project or program review process.