DOT 49 CFR PART 520-2010 PROCEDURES FOR CONSIDERING ENVIRONMENTAL IMPACTS.pdf

1、67 Natl Highway Traffic Safety Admin., DOT 520.1 APPENDIX E TO PART 512CONSUMER ASSISTANCE TO RECYCLE AND SAVE (CARS) CLASS DETERMINATIONS (a) The Chief Counsel has determined that the following information required to be sub-mitted to the agency under 49 CFR part 599, if released, is likely to caus

2、e substantial harm to the competitive position of the enti-ty submitting the information: (1) Vehicle Manufacturer Issued Dealer Identification Code; (2) Dealer Bank Name, ABA Routing Num-ber and Bank Account Number; and (3) CARS Dealer Code and Authorization Code. (b) The Chief Counsel has determin

3、ed that the disclosure of the new vehicle owners name, home address, telephone number, state identification number and last six (6) characters, when disclosed along with the first eleven (11) characters, of the new vehi-cle identification numbers reported in trans-actions submitted to the agency und

4、er 49 CFR Part 599 will constitute a clearly un-warranted invasion of personal privacy with-in the meaning of 5 U.S.C. 552(b)(6). 74 FR 37897, July 29, 2009 APPENDIX F TO PART 512OMB CLEARANCE The OMB clearance number for this part 512 is 21270025. 74 FR 37897, July 29, 2009 PART 520PROCEDURES FOR C

5、ONSIDERING ENVIRONMENTAL IMPACTS Subpart AGeneral Sec. 520.1 Purpose and scope. 520.2 Policy. 520.3 Definitions. 520.4 Applicability. 520.5 Guidelines for identifying major ac-tions significantly affecting the environ-ment. Subpart BProcedures 520.21 Preparation of environmental re-views, negative d

6、eclarations, and notices of intent. 520.22 Maintenance of a list of actions. 520.23 Preparation of draft environmental impact statements. 520.24 Internal processing of draft environ-mental impact statements. 520.25 External review of draft environ-mental impact statements. 520.26 Public hearings. 52

7、0.27 Legislative actions. 520.28 Preparation of final environmental impact statements. 520.29 Internal review of final environ-mental impact statements. 520.30 Availability of final environmental impact statements. 520.31 Amendments or supplements. 520.32 Emergency action procedures. 520.33 Timing o

8、f proposed NHTSA actions. 520.34 Comments on environmental state-ments prepared by other agencies. ATTACHMENT 1 TO PART 520FORM AND CON-TENT OF STATEMENT ATTACHMENT 2 TO PART 520AREAS OF ENVI-RONMENTAL IMPACT AND FEDERAL AGEN-CIES AND FEDERAL-STATE AGENCIES WITH JURISDICTION BY LAW OR SPECIAL EXPER-

9、TISE TO COMMENT THEREON NOTE ATTACHMENT 3 TO PART 520OFFICES WITHIN FEDERAL AGENCIES AND FEDERAL-STATE AGENCIES FOR INFORMATION REGARDING THE AGENCIES IMPACT STATEMENTS FOR WHICH COMMENTS ARE REQUESTED NOTE ATTACHMENT 4 TO PART 520STATE AND LOCAL AGENCY REVIEW OF IMPACT STATE-MENTS AUTHORITY: Secs.

10、102(2)(A), 102(2)(C), Pub. L. 91190, 83 Stat. 853 (42 U.S.C. 4332); secs. 2(b), 4(f), Pub. L. 89670, 80 Stat. 931 (49 U.S.C. 1651(b), 1653(f); E.O. 11514, 35 FR 4247; 40 CFR part 1500; DOT Order 5610.1B, 39 FR 35234; del-egations of authority at 49 CFR 1.45, 1.51. SOURCE: 40 FR 52396, Nov. 10, 1975,

11、 unless otherwise noted. Subpart AGeneral 520.1 Purpose and scope. (a) Section 102(2)(C) of the National Environmental Policy Act of 1969 (83 Stat. 853; 42 U.S.C. 4332(2)(C), as imple-mented by Executive Order 11514 (3 CFR, 19661970 Comp., p. 902) and the Council on Environmental Qualitys Guidelines

12、 of April 23, 1971 (36 FR 7724), requires that all agencies of the Fed-eral Government prepare detailed envi-ronmental statements on proposals for legislation and other major Federal ac-tions significantly affecting the qual-ity of the human environment. The purpose of the Act is to build into the a

13、gency decision-making process careful consideration of all environmental as-pects of proposed actions. (b) This part specifies National High-way Traffic Safety Administration (NHTSA) procedures for conducting en-vironmental assessments and reviews, and for the preparation of environ-mental impact st

14、atements on proposals for legislation and other major agency VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00077 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-

15、68 49 CFR Ch. V (10110 Edition) 520.2 actions significantly affecting the quality of the human environment. 520.2 Policy. The agency will strive to carry out the full intent and purpose of the Na-tional Environmental Policy Act of 1969 and related orders and statutes, and take positive steps to avoi

16、d any ac-tion which could adversely affect the quality of the human environment. 520.3 Definitions. (a) Environmental assessment is a writ-ten analysis describing the environ-mental impact of a proposed or ongoing agency action, submitted to the agency either by its grantees or contractors, or by an

17、y person outside the agency as part of any program or project proposal within the scope of activities listed in 520.4(b). (b) Environmental review is a formal evaluation undertaken by the agency, culminating in a brief document (the environmental review report), to deter-mine whether a proposed or o

18、ngoing NHTSA action may have a significant impact on the environment. The review document will be included in the pro-posed or ongoing agency action, and ei-ther support a negative declaration or recommend the preparation of a draft environmental impact statement. (c) Draft environmental impact stat

19、e-ment (DEIS) means a preliminary state-ment on the environmental impact of a proposed or ongoing NHTSA action which is circulated for comment and review within and outside NHTSA. (d) Final environmental impact state-ment (FEIS) means a detailed state-ment which, pursuant to section 102(2)(C) of the

20、 National Environmental Policy Act, identifies and analyzes the anticipated environmental impact of a proposed or ongoing NHTSA action. (e) Negative declaration means a state-ment prepared subsequent to an envi-ronmental review, which states that a proposed or ongoing NHTSA action will have no signi

21、ficant environmental im-pact and therefore does not require a draft or final environmental impact statement. 520.4 Applicability. (a) Scope. This part applies to all ele-ments of NHTSA, including the Re-gional Offices. (b) Actions covered. Except as pro-vided in paragraph (e) of this section, this p

22、art applies to the following agen-cy actions and such actions and pro-posals as may be sponsored jointly with another agency: (1) New and continuing programs and projects; budget proposals; legislative proposals by the agency; requests for appropriations; reports on legislation initiated elsewhere w

23、here the agency has primary responsibility for the sub-ject matter involved; and any renewals or reapprovals of the foregoing; (2) Research, development, and dem-onstration projects; formal approvals of work plans; and associated con-tracts; (3) Rulemaking and regulatory ac-tions, including Notices

24、of Proposed Rulemaking (NPRM); requests for pro-curement (RFP); requests for grants (Annual Work Programs); and con-tracts; (4) All grants, loans or other finan-cial assistance for use in State and Community projects; (5) Annual State Highway Safety Work Programs; (6) Construction; leases; purchases

25、; operation of Federal facilities; and (7) Any other activity, project, or ac-tion likely to have a significant effect on the environment. (c) Continuing actions. This part ap-plies to any action enumerated in para-graph (b) of this section, even though such actions arise from a project or program i

26、nitiated prior to enactment of the National Environmental Policy Act on January 1, 1970. (d) Environmental assessments. Within the scope of activities listed in 520.4(b), any person outside the agen-cy submitting a program or project proposal may be requested to prepare an environmental assessment o

27、f such proposed action to be included in his submission to the agency. (e) Exceptions. (1) Assistance in the form of general revenue sharing funds, distributed under the State and Local Fiscal Assistance Act of 1972, 31 U.S.C. 1221, with no control by the NHTSA over the subsequent use of such funds;

28、 VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00078 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DSKHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-69 Natl Highway Traffic Safety Admin., DOT 520.5 (2) Personn

29、el actions; (3) Administrative procurements (e.g., general supplies) and contracts for personal services; (4) Legislative proposals originating in another agency and relating to mat-ters not within NHTSAs primary areas of responsibility; (5) Project amendments (e.g., in-creases in costs) which have

30、no envi-ronmental significance; and (6) Minor agency actions that are de-termined by the official responsible for the actions to be of such limited scope that they clearly will not have a sig-nificant effect on the quality of the human environment. (f) Consolidation of statements. Pro-posed actions

31、(and alternatives there-to) having substantially similar envi-ronmental impacts may be covered by a single environmental review and en-vironmental impact statement or nega-tive declaration. 520.5 Guidelines for identifying major actions significantly affecting the environment. (a) General guidelines

32、. The phrase, major Federal actions significantly affecting the quality of the human en-vironment, as used in this part, shall be construed with a view to the overall, cumulative impact of the actions, other Federal projects or actions in the area, and any further contemplated or anticipated actions

33、. Therefore, an envi-ronmental impact statement should be prepared in any of the following situa-tions: (1) Proposed actions which are local-ized in their impact but which have a potential for significantly affecting the environment; (2) Any proposed action which is like-ly to be controversial on en

34、viron-mental grounds; (3) Any proposed action which has unclear but potentially significant en-vironmental consequences. (b) Specific guidelines. While a precise definition of environmental signifi-cance that is valid in all contexts is not possible, any of the following ac-tions should ordinarily b

35、e considered as significantly affecting the quality of the human environment: (1) Any matter falling under section 4(f) of the Department of Transpor-tation Act (49 U.S.C. 1653(f) and sec-tion 138 of Federal-aid highway legisla-tion (23 U.S.C. 138), requiring the use of any publicly owned land from

36、a park, recreation area, or wildlife and water-fowl refuge of national, State, or local significance as determined by the Fed-eral, State, or local officials having ju-risdiction thereof, or any land from an historic site of national, State, or local significance; (2) Any matter falling under sectio

37、n 106 of the National Historic Preserva-tion Act of 1966 (16 U.S.C. 470(f), re-quiring consideration of the effect of the proposed action on any building in-cluded in the National Register of His-toric Preservation and reasonable op-portunity for the Advisory Council on Historic Preservation to comm

38、ent on such action; (3) Any action that is likely to affect the preservation and enhancement of sites of historical, architectural, or ar-chaeological significance; (4) Any action that is likely to be highly controversial regarding reloca-tion housing; (5) Any action that (i) divides or dis-rupts an

39、 established community, dis-rupts orderly, planned development, or is inconsistent with plans or goals that have been adopted by the community in which the project is located; or (ii) causes significantly increased conges-tion; (6) Any action that (i) involves incon-sistency with any Federal, State,

40、 or local law or administrative determina-tion relating to the environment; (ii) has a significantly detrimental impact on air or water quality or on ambient noise levels for adjoining areas; (iii) in-volves a possibility of contamination of a public water supply system; or (iv) affects ground water

41、, flooding, erosion, or sedimentation; (7) Any action that may directly or indirectly result in a significant in-crease in noise levels, either within a motor vehicles closed environment or upon nearby areas; (8) Any action that may directly or indirectly result in a significant in-crease in the ene

42、rgy or fuel necessary to operate a motor vehicle, including but not limited to the following: (i) Ac-tions which may directly or indirectly result in a significant increase in the VerDate Mar2010 14:39 Dec 20, 2010 Jkt 220217 PO 00000 Frm 00079 Fmt 8010 Sfmt 8010 Y:SGML220217.XXX 220217jdjones on DS

43、KHWCL6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-70 49 CFR Ch. V (10110 Edition) 520.21 weight of a motor vehicle; and (ii) ac-tions which may directly or indirectly result in a significant adverse effect upon the aerodynamic drag

44、 of a motor vehicle; (9) Any action that may directly or indirectly result in a significant in-crease in the amount of harmful emis-sions resulting from the operation of a motor vehicle; (10) Any action that may directly or indirectly result in a significant in-crease in either the use of or the exp

45、o-sure to toxic or hazardous materials in the manufacture, operation, or disposal of motor vehicles or motor vehicle equipment; (11) Any action that may directly or indirectly result in a significant in-crease in the problem of solid waste, as in the disposal of motor vehicles or motor vehicle equip

46、ment; (12) Any action that may directly or indirectly result in a significant deple-tion of scarce natural resources associ-ated with the manufacture or oper-ation of motor vehicles or motor vehi-cle equipment; and (13) Any other action that causes sig-nificant environment impact by di-rectly or ind

47、irectly affecting human beings through adverse impacts on the environment. (c) Research activities. (1) In accord- ance with DOT Order 5610.1B, the As-sistant Secretary for Systems Develop-ment and Technology (TST) will pre-pare, with the concurrence of the NHTSA, proposed procedures for as-sessing

48、the environmental con-sequences of research activities. Until final procedures are promulgated, the following factors are to be considered for periodic evaluation to determine when an environmental statement is required for such programs: (i) The magnitude of Federal invest-ment in the program; (ii)

49、 The likelihood of widespread ap-plication of the technology; (iii) The degree of environmental im-pact which would occur if the tech-nology were widely applied; and (iv) The extent to which continued investment in the new technology is likely to restrict future alternatives. (2) The statement or environmental review culminating in a negative dec-laration must be written late enough in the development process to contain meaningful information