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41 <br />(b) No decision on the proposed action shall be made or recorded under SS 1505.2 by a <br />Federal agency until the later of the following dates: (1) Ninety (90) days after publication <br />of the notice described above in paragraph (a) of this section for a draft environmental impact <br />statement. <br />(2) Thirty (30) days after publication of the notice described above in paragraph (a) of <br />this section for a final environmental impact statement. <br />An exception to the rules on timing may be made in the case of an agency decision which <br />is subject to a formal internal appeal. Some agencies have a formally established appeal <br />process which allows other agencies or the public to take appeals on a decision and make <br />their views known, after publication of the final environmental impact statement. In such <br />cases, where a real opportunity exists to alter the decision, the decision may be made and <br />recorded at the same time the environmental impact statement is published. This means that <br />the period for appeal of the decision and the 30-day period prescribed in paragraph (b)(2) of <br />this section may run concurrently. In such cases the environmental impact statement shall <br />explain the timing and the public's right of appeal. An agency engaged in rulemaking under <br />the Administrative Procedure Act or other statute for the purpose of protecting the public <br />health or safety, may waive the time period in paragraph (b)(2) of this section and publish a <br />decision on the final rule simultaneously with publication of the notice of the availability of <br />the final environmental impact statement as described in paragraph (a) of this section. <br />(c) If the final environmental impact statement is filed within ninety (90) days after a <br />draft environmental impact statement is filed with the Environmental Protection Agency, the <br />minimum thirty (30) day period and the minimum ninety (90) day period may run <br />concurrently. However, subject to paragraph (d) of this section agencies shall allow not less <br />than 45 days for comments on draft statements. <br />(d) The lead agency may extend prescribed periods. The Environmental Protection <br />Agency may upon a showing by the lead agency of compelling reasons of national policy <br />reduce the prescribed periods and may upon a showing by any other Federal agency of <br />compelling reasons of national policy also extend prescribed periods, but only after <br />consultation with the lead agency. (Also see SS 1507.3(d).) Failure to file timely comments <br />shall not be a sufficient reason for extending a period. If the lead agency does not concur' <br />with the extension of time, EPA may not extend it for more than 30 days. When the <br />Environmental Protection Agency reduces or extends any period of time it shall notify the <br />Council. <br />1506.11 Emergencies. <br />Where emergency circumstances make it necessary to take an action with significant <br />environmental impact without observing the provisions of these regulations, the Federal <br />agency taking the action should consult with the Council about alternative arrangements. <br />Agencies and the Council will limit such arrangements to actions necessary to control the <br />immediate impacts of the emergency. Other actions remain subject to NEPA review. <br />1506.12 Effective date. <br />The effective date of these regulations is July 30, 1979, except that for agencies that <br />