[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR771.127]

[Page 421-422]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 771_ENVIRONMENTAL IMPACT AND RELATED PROCEDURES--Table of Contents
 
Sec. 771.127  Record of decision.

    (a) The Administration will complete and sign a record of decision 
(ROD) no sooner than 30 days after publication of the final EIS notice 
in the Federal Register or 90 days after publication of a notice for the 
draft EIS, whichever is later. The ROD will present the basis for the 
decision as specified in 40 CFR 1505.2, summarize any mitigation 
measures that will be incorporated in the project and document any 
required section 4(f) approval in accordance with Sec. 771.135(l). 
Until any required ROD has been signed, no further approvals may be 
given except for administrative activities taken to secure further 
project funding and other activities consistent with 40 CFR 1506.1.
    (b) If the Administration subsequently wishes to approve an 
alternative which was not identified as the preferred alternative but 
was fully evaluated in the final EIS, or proposes to make substantial 
changes to the mitigation measures or findings discussed in the ROD, a 
revised ROD shall be subject to review by those Administration offices 
which reviewed the final EIS under Sec. 771.125(c). To the extent 
practicable the approved revised ROD shall be provided to all persons, 
organizations, and agencies that received a copy of the final EIS 
pursuant to Sec. 771.125(g).

    Effective Date Note: At 73 FR 13395, Mar. 12, 2008, Sec. 771.127 
was amended by revising paragraph (a), effective Apr. 11, 2008. For the 
convenience of the user, the revised text is set forth as follows:


 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 771_ENVIRONMENTAL IMPACT AND RELATED PROCEDURES--Table of Contents
 
Sec. 771.127  Record of decision.

    (a) The Administration will complete and sign a record of decision 
(ROD) no sooner than 30 days after publication of the final EIS notice 
in the Federal Register or 90 days after publication of a notice for the 
draft EIS, whichever is later. The ROD will present the basis for the 
decision as specified

[[Page 422]]

in 40 CFR 1505.2, summarize any mitigation measures that will be 
incorporated in the project and document any required Section 4(f) 
approval in accordance with part 774 of this chapter. Until any required 
ROD has been signed, no further approvals may be given except for 
administrative activities taken to secure further project funding and 
other activities consistent with 40 CFR 1506.1.

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