[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: 23CFR771.125]

[Page 410-411]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 771_ENVIRONMENTAL IMPACT AND RELATED PROCEDURES--Table of Contents
 
Sec.  771.125  Final environmental impact statements.

    (a)(1) After circulation of a draft EIS and consideration of 
comments received, a final EIS shall be prepared by the Administration 
in cooperation with the applicant or, where permitted by law, by the 
applicant with appropriate guidance and participation by the 
Administration. The final EIS shall identify the preferred alternative 
and evaluate all reasonable alternatives considered. It shall also 
discuss substantive comments received on the draft EIS and responses 
thereto, summarize public involvement, and describe the mitigation 
measures that are to be incorporated into the proposed action. 
Mitigation measures presented as commitments in the final EIS will be 
incorporated into the project as specified in Sec.  771.109(b). The 
final EIS 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.
    (2) Every reasonable effort shall be made to resolve interagency 
disagreements on actions before processing the final EIS. If significant 
issues remain unresolved, the final EIS shall identify those issues and 
the consultations and other efforts made to resolve them.
    (b) The final EIS will be reviewed for legal sufficiency prior to 
Administration approval.
    (c) The Administration will indicate approval of the EIS for an 
action by signing and dating the cover page. Final EISs prepared for 
actions in the following categories will be submitted to the 
Administration's Headquarters for prior concurrence:
    (1) Any action for which the Administration determines that the 
final EIS should be reviewed at the Headquarters office. This would 
typically occur when the Headquarters office determines that (i) 
additional coordination with

[[Page 411]]

other Federal, State or local governmental agencies is needed; (ii) the 
social, economic, or environmental impacts of the action may need to be 
more fully explored; (iii) the impacts of the proposed action are 
unusually great; (iv) major issues remain unresolved; or (v) the action 
involves national policy issues.
    (2) Any action to which a Federal, State or local government agency 
has indicated opposition on environmental grounds (which has not been 
resolved to the written satisfaction of the objecting agency).
    (3) Major urban mass transportation investments as defined by FTA's 
regulation on major capital investment projects (49 CFR part 611).
    (d) The signature of the FTA approving official on the cover sheet 
also indicates compliance with 49 U.S.C. 5324(b) and fulfillment of the 
grant application requirements of 49 U.S.C. 5323(b).
    (e) Approval of the final EIS is not an Administration Action (as 
defined in Sec.  771.107(c)) and does not commit the Administration to 
approve any future grant request to fund the preferred alternative.
    (f) The initial printing of the final EIS shall be in sufficient 
quantity to meet the request for copies which can be reasonably expected 
from agencies, organizations, and individuals. Normally, copies will be 
furnished free of charge. However, with Administration concurrence, the 
party requesting the final EIS may be charged a fee which is not more 
than the actual cost of reproducing the copy or may be directed to the 
nearest location where the statement may be reviewed.
    (g) The final EIS shall be transmitted to any persons, 
organizations, or agencies that made substantive comments on the draft 
EIS or requested a copy, no later than the time the document is filed 
with EPA. In the case of lengthy documents, the agency may provide 
alternative circulation processes in accordance with 40 CFR 1502.19. The 
applicant shall also publish a notice of availability in local 
newspapers and make the final EIS available through the mechanism 
established pursuant to DOT Order 4600.13 which implements Executive 
Order 12372. When filed with EPA, the final EIS shall be available for 
public review at the applicant's offices and at appropriate 
Administration offices. A copy should also be made available for public 
review at institutions such as local government offices, libraries, and 
schools, as appropriate.

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