§ 1.1312   Facilities for which no preconstruction authorization is required.

   (a) In the case of facilities for which no Commission authorization prior to
   construction is required by the Commission's rules and regulations the
   licensee  or  applicant shall initially ascertain whether the proposed
   facility may have a significant environmental impact as defined in § 1.1307
   of this part or is categorically excluded from environmental processing
   under § 1.1306 of this part.

   (b)  If a facility covered by paragraph (a) of this section may have a
   significant environmental impact, the information required by § 1.1311 of
   this part shall be submitted by the licensee or applicant and ruled on by
   the  Commission,  and  environmental  processing (if invoked) shall be
   completed, see § 1.1308 of this part, prior to the initiation of construction
   of the facility.

   (c) If a facility covered by paragraph (a) of this section is categorically
   excluded  from environmental processing, the licensee or applicant may
   proceed with construction and operation of the facility in accordance with
   the applicable licensing rules and procedures.

   (d) If, following the initiation of construction under this section, the
   licensee  or applicant discovers that the proposed facility may have a
   significant environmental effect, it shall immediately cease construction
   which may have that effect, and submit the information required by § 1.1311
   of this part. The Commission shall rule on that submission and complete
   further environmental processing (if invoked), see § 1.1308 of this part,
   before such construction is resumed.

   (e)  Paragraphs (a) through (d) of this section shall not apply to the
   construction of mobile stations.

   [ 55 FR 20396 , May 16, 1990, as amended at  56 FR 13414 , Apr. 2, 1991]

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