[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR771.119]

[Page 407-408]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 771_ENVIRONMENTAL IMPACT AND RELATED PROCEDURES--Table of Contents
 
Sec.  771.119  Environmental assessments.

    (a) An EA shall be prepared by the applicant in consultation with 
the Administration for each action that is not a CE and does not clearly 
require the preparation of an EIS, or where the Administration believes 
an EA would assist in determining the need for an EIS.
    (b) For actions that require an EA, the applicant, in consultation 
with the Administration, shall, at the earliest appropriate time, begin 
consultation with interested agencies and others to advise them of the 
scope of the project and to achieve the following objectives: determine 
which aspects of the proposed action have potential for social, 
economic, or environmental impact; identify alternatives and measures 
which might mitigate adverse environmental impacts; and identify other 
environmental review and consultation requirements which should be 
performed concurrently with the EA. The applicant shall accomplish this

[[Page 408]]

through an early coordination process (i.e., procedures under Sec.  
771.111) or through a scoping process. Public involvement shall be 
summarized and the results of agency coordination shall be included in 
the EA.
    (c) The EA is subject to Administration approval before it is made 
available to the public as an Administration document. The FTA 
applicants may circulate the EA prior to Administration approval 
provided that the document is clearly labeled as the applicant's 
document.
    (d) The EA need not be circulated for comment but the document must 
be made available for public inspection at the applicant's office and at 
the appropriate Administration field offices in accordance with 
paragraphs (e) and (f) of this section. Notice of availability of the 
EA, briefly describing the action and its impacts, shall be sent by the 
applicant to the affected units of Federal, State and local government. 
Notice shall also be sent to the State intergovernmental review contacts 
established under Executive Order 12372.
    (e) When a public hearing is held as part of the application for 
Federal funds, the EA shall be available at the public hearing and for a 
minimum of 15 days in advance of the public hearing. The notice of the 
public hearing in local newspapers shall announce the availability of 
the EA and where it may be obtained or reviewed. Comments shall be 
submitted in writing to the applicant or the Administration within 30 
days of the availability of the EA unless the Administration determines, 
for good cause, that a different period is warranted. Public hearing 
requirements are as described in Sec.  771.111.
    (f) When a public hearing is not held, the applicant shall place a 
notice in a newspaper(s) similar to a public hearing notice and at a 
similar stage of development of the action, advising the public of the 
availability of the EA and where information concerning the action may 
be obtained. The notice shall invite comments from all interested 
parties. Comments shall be submitted in writing to the applicant or the 
Administration within 30 days of the publication of the notice unless 
the Administration determines, for good cause, that a different period 
is warranted.
    (g) If no significant impacts are identified, the applicant shall 
furnish the administration a copy of the revised EA, as appropriate; the 
public hearing transcript, where applicable; copies of any comments 
received and responses thereto; and recommend a FONSI. The EA should 
also document compliance, to the extent possible, with all applicable 
environmental laws and Executive orders, or provide reasonable assurance 
that their requirements can be met.
    (h) When the Administration expects to issue a FONSI for an action 
described in Sec.  771.115(a), copies of the EA shall be made available 
for public review (including the affected units of government) for a 
minimum of 30 days before the Administration makes its final decision 
(See 40 CFR 1501.4(e)(2).) This public availability shall be announced 
by a notice similar to a public hearing notice.
    (i) If, at any point in the EA process, the Administration 
determines that the action is likely to have a significant impact on the 
environment, the preparation of an EIS will be required.

[52 FR 32660, Aug. 28, 1987, as amended at 70 FR 24470, May 9, 2005]