---
kind: "section"
citation: "23 C.F.R. § 771.138"
title: "23"
number: "771.138"
heading: "Timelines, page limits, and certifications."
url: "https://uscodex.org/cfr/23/771.138"
---

# §771.138. Timelines, page limits, and certifications.

- (a)
  - (1) **Timelines for completion of EISs.**
    - (i) The Administration must complete the EIS no later than 2 years from publication of the notice of intent to the signature date of the ROD or combined final EIS/ROD (as applicable).
    - (ii) For EISs that are major projects, the Administration must, to the maximum extent practicable, complete the EIS within a schedule consistent with an agency average of not more than 2 years from publication of the notice of intent to the signature date of the ROD or combined final EIS/ROD.
  - (2) **Timelines for completion of EAs.**
    - (i) The Administration must complete the EA no later than 1 year from the date the Administration determined the class of action to the signature date of the EA. If a notice of intent is published for an EA, then the start date shall be the publication date.
    - (ii) For EAs that are major projects, the Administration must, to the maximum extent practicable, complete the EA within a schedule consistent with an agency average of not more than 2 years from the date the Administration determined the EA was required to the signature date of the FONSI. If a notice of intent is published for an EA, then the start date shall be the publication date.
  - (3) The Administration, in consultation with the applicant, may extend the timelines described in paragraphs [(a)(1)(i)](#a-1-i) and [(a)(2)(i)](#a-2-i) to provide only so much additional time as necessary to complete the EIS or EA, as applicable.
- (b) **Page Limits.**
  - (1) **EIS—**
    - (i) The text of an EIS must not exceed 200 pages, not including citations or appendices, to the maximum extent practicable, unless the Administration establishes a new page limit;
    - (ii) When a project does not follow the [23 U.S.C. 139](/usc/23/139.md) process, the EIS must not exceed 150 pages, not including citations or appendices. An EIS for a proposed action of extraordinary complexity must not exceed 300 pages, not including any citations or appendices.
  - (2) The text of an EA must not exceed 75 pages, not including any citations or appendices.
- (c) **Certifications.**
  - (1) The lead agency(ies) signature on the EA, draft EIS, final EIS, or combined final EIS/ROD (as applicable) will certify that the Administration has considered the factors mandated by this part; that the EA, draft EIS, final EIS, or combined final EIS/ROD (as applicable), reflects the Administration's expert judgment and documents the most important considerations required by the statute and within the applicable timeline and page limits; and that any considerations addressed briefly or left unaddressed were, in the Administration's judgment, comparatively unimportant.
  - (2) [Reserved]

## Notes

### Authority

Authority: 42 U.S.C. 4321 et seq.; 23 U.S.C. 106, 109, 128, 138, 139, 203(e), 315, 326, and 327; 49 U.S.C. 303 and 24201; 49 U.S.C. 5323(c) and 5323(q); 49 CFR 1.81, 1.85, 1.89, and 1.91; Pub. L. 109-59, 119 Stat. 1144, Sections 6002 and 6010; Pub. L. 112-141, 126 Stat. 405, Sections 1315, 1316, 1317, 1318, and 1319; and Pub. L. 114-94, 129 Stat. 1312, Sections 1304 and 1432.

### Source

Source: 90 FR 29431, July 3, 2025, unless otherwise noted.