---
kind: "section"
citation: "36 C.F.R. § 218.12"
title: "36"
number: "218.12"
heading: "Timing of project decision."
url: "https://uscodex.org/cfr/36/218.12"
---

# §218.12. Timing of project decision.

- (a) The responsible official may not sign a ROD or DN subject to the provisions of this part until the reviewing officer has responded in writing to all pending objections (see [§ 218.11(b)(1)](/cfr/36/218.11.md?p=b-1)).
- (b) The responsible official may not sign a ROD or DN subject to the provisions of this part until all concerns and instructions identified by the reviewing officer in the objection response have been addressed.
- (c) When no objection is filed within the objection filing period (see §§ [218.26](/cfr/36/218.26.md) and [218.32](/cfr/36/218.32.md)):
  - (1) The reviewing officer must notify the responsible official.
  - (2) Approval of the proposed project or activity documented in a ROD in accordance with [40 CFR 1506.10](/cfr/40/1506.10.md), or in a DN may occur on, but not before, the fifth business day following the end of the objection filing period.
- (d) When a proposed project or activity is not subject to objection because no timely, specific written comments regarding the proposal were received during a designated opportunity for public comment (see [§ 218.4](/cfr/36/218.4.md)), the approval of a proposed project or activity documented in a ROD must be in accordance with 40 CFR [1506.10](/cfr/40/1506.10.md) and [36](/cfr/40/36.md) CFR 220.5(g), and the approval of a proposed project or activity documented in a DN must be made in accordance with 36 CFR [220.7(c)](/cfr/36/220.7.md?p=c) and [(d)](/cfr/36/220.7.md?p=d).

## Notes

### Authority

Authority: Pub. L. 108-148, 117 Stat 1887 (16 U.S.C. 6515 note); Sec. 428, Pub. L. 112-74 125 Stat 1046; Sec. 431, Pub. L. 113-76; Sec. 8006, Pub. L. 113-79.

### Source

Source: 78 FR 18497, Mar. 27, 2013, unless otherwise noted.