[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR641.18]



[Page 198-199]

 

                        TITLE 45--PUBLIC WELFARE

 

                 CHAPTER VI--NATIONAL SCIENCE FOUNDATION

 

PART 641_ENVIRONMENTAL ASSESSMENT PROCEDURES FOR PROPOSED NATIONAL 

SCIENCE FOUNDATION ACTIONS IN ANTARCTICA--Table of Contents

 

Sec. 641.18  Comprehensive environmental evaluation.



    (a) Scoping. If it is determined that a CEE will be prepared, the 

responsible official shall publish a notice of intent to prepare a CEE 

in the Federal Register, inviting interested persons and government 

agencies to participate in the process of identifying significant issues 

relating to the proposed action and determining the scope of the issues 

to be addressed in the CEE.

    (b) Contents of CEE. A CEE shall be a concise and analytical 

document, prepared in accordance with the range of relevant issues 

identified in the scoping process. It shall contain sufficient 

information to permit informed consideration of the reasonably 

foreseeable potential environmental effects of a proposed action and 

possible alternatives to that proposed action. Such information shall 

include the following:

    (1) A description of the proposed action including its purpose, 

location, duration and intensity;

    (2) A description of the initial base-line environmental state with 

which predicted changes are to be compared, and a prediction of the 

future environmental state in the absence of the proposed action;

    (3) A description of the methods and data used to forecast the 

potential impacts of the proposed action;

    (4) An estimate of the nature, extent, duration and intensity of the 

likely direct potential impacts of the proposed action;

    (5) A consideration of the potential indirect or second order 

impacts from the proposed action;

    (6) A consideration of potential cumulative impacts of the proposed 

action in light of existing activities and other known planned actions 

and available information on those actions;

    (7) A description of possible alternatives to the proposed action, 

including the alternative of not proceeding, and the potential 

consequences of those alternatives, in sufficient detail to allow a 

clear basis for choice among the alternatives and the proposed action;

    (8) Identification of measures, including monitoring, that could be 

employed to minimize, mitigate or prevent potential impacts of the 

proposed action, detect unforeseen impacts, provide early warning of any 

adverse effects, and carry out prompt and effective response to 

accidents;

    (9) Identification of unavoidable potential impacts of the proposed 

action;

    (10) Consideration of the potential effects of the proposed action 

on the conduct of scientific research and on other existing uses and 

values;

    (11) Identification of gaps in knowledge and uncertainties 

encountered in compiling the information required by this paragraph (b);

    (12) A non-technical summary of the information included in the CEE; 

and

    (13) The name and address of the person and/or organization which 

prepared the CEE, and the address to which comments thereon should be 

directed.

    (c) Circulation of draft CEE. A draft of each CEE shall be provided 

to the Department of State for circulation to all Parties to the 

Protocol and to organizations or committees established pursuant to the 

Protocol or Treaty, as required by the Protocol, and shall be made 

publicly available. Notice of such public availability shall be 

published in



[[Page 199]]



the Federal Register. All such parties shall have a period of not less 

than ninety (90) days within which to review and comment upon the draft 

CEE.

    (d) Final CEE. A final CEE shall address, and shall include or 

summarize, comments received on the draft CEE. The final CEE, notice of 

any decisions related thereto, and any evaluation of the significance of 

the predicted impacts in relation to the advantages of the proposed 

action shall be provided to the Department of State for circulation to 

all Parties to the Protocol, and shall be available to the public upon 

request, at least sixty (60) days prior to the commencement of the 

proposed activity in Antarctica. Notice of such public availability 

shall be published in the Federal Register.

    (e) Implementation of proposed action. No final decision shall be 

taken to proceed in Antarctica with an action for which a final CEE is 

required until after the earlier of:

    (1) The first Antarctic Treaty Consultative Meeting taking place at 

least one hundred and twenty days after circulation of the draft CEE, or

    (2) Fifteen months following the circulation of the draft CEE.