View Rule

This rulemaking would propose changes to 23 CFR part 771. Potential changes include: reorganization of FHWA's CE section; moving additional CEs from the D-list to the C-list; ensuring that the definition of a feasible and prudent avoidance alterative clearly identifies what a prudent alternative is not in cases where the cost of an alternative significantly exceeds the cost of other alternatives under consideration; revising the timeframe for when an applicant is required to prepare a written re-evaluation from 3 years to 5 year; and revisiting language in 771.117(e) to potentially remove the constraints in paragraph (e) or exclude 4R projects and those adding or widening shoulders or adding guard rail improvements that cause shoulder widening from application of the subsection (e) constraints.