; or (II) a new turn lane that the State advises in writing to the Secretary would assist public safety; and (iii) that— (I) is classified as a categorical exclusion under section 771.117 of title 23, Code of Federal Regulations (or successor regulations); or (II) if the project or activity does not receive assistance described in clause (i) would be considered a categorical exclusion if the project or activity received assistance described in clause (i). (B) Exclusion The term eligible project or activity does not include a project to create a new travel lane. (2) Preliminary evaluation The term preliminary evaluation , with respect to an application described in subsection (b)(1), means an evaluation that is customary or practicable for the relevant agency to complete within a 45-day period for similar applications. (3) Relevant agency The term relevant agency means a Federal agency, other than the Federal Highway Administration, with responsibility for review of an application from a State for a permit, approval, or jurisdictional determination for an eligible project or activity. (b) Action required (1) In general Subject to paragraph (2), not later than 45 days after the date of receipt of an application by a State for a permit, approval, or jurisdictional determination for an eligible project or activity, the head of the relevant agency shall— (A) make at least a preliminary evaluation of the application