(a) Upon completion of the review for legal sufficiency of the FEIS, the Chief Counsel shall transmit 2 copies of the FEIS to TES for concurrence. Unless other notification is provided within 2 weeks after receipt in TES, the statement will be considered concurred in by TES.
(b) After concurrence by TES, the FEIS will be transmitted by the Chief Counsel to the Administrator for approval.
(c) If an action requires the personal approval of the Secretary or Deputy Secretary pursuant to a request by them or by TES, TGC, or the NHTSA office originating the action, the final environmental statement shall be accompanied by a brief cover memorandum requesting the Secretary's or Deputy Secretary's approval of the action.
(1) The memorandum shall have signature lines for the concurrence of the Assistant Secretary for Environment, Safety, and Consumer Affairs, the General Counsel, and the Deputy Secretary, and for the approval of the Secretary or Deputy Secretary.
(2) TES, in conjunction with the Executive Secretary, is responsible for informing the Assistant Secretary for Congressional and Intergovernmental Affairs and the Office of Public Affairs of the Secretary's decisions so that they, in coordination with the operating administrations or other Secretarial Offices involved, may take the appropriate actions.
authority: Secs. 102(2)(A), 102(2)(C), Pub. L. 91-190, 83 Stat. 853 (
42 U.S.C. 4332); secs. 2(b), 4(f), Pub. L. 89-670, 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; delegations of authority at
49 CFR 1.45, 1.51
source: 40 FR 52396, Nov. 10, 1975, unless otherwise noted.
cite as: 49 CFR 520.29