[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

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

[CITE: 40CFR1503.4]



[Page 881]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

               CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY

 

PART 1503_COMMENTING--Table of Contents

 

Sec.  1503.4  Response to comments.



    (a) An agency preparing a final environmental impact statement shall 

assess and consider comments both individually and collectively, and 

shall respond by one or more of the means listed below, stating its 

response in the final statement. Possible responses are to:

    (1) Modify alternatives including the proposed action.

    (2) Develop and evaluate alternatives not previously given serious 

consideration by the agency.

    (3) Supplement, improve, or modify its analyses.

    (4) Make factual corrections.

    (5) Explain why the comments do not warrant further agency response, 

citing the sources, authorities, or reasons which support the agency's 

position and, if appropriate, indicate those circumstances which would 

trigger agency reappraisal or further response.

    (b) All substantive comments received on the draft statement (or 

summaries thereof where the response has been exceptionally voluminous), 

should be attached to the final statement whether or not the comment is 

thought to merit individual discussion by the agency in the text of the 

statement.

    (c) If changes in response to comments are minor and are confined to 

the responses described in paragraphs (a)(4) and (5) of this section, 

agencies may write them on errata sheets and attach them to the 

statement instead of rewriting the draft statement. In such cases only 

the comments, the responses, and the changes and not the final statement 

need be circulated (Sec.  1502.19). The entire document with a new cover 

sheet shall be filed as the final statement (Sec.  1506.9).