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ENVIRONMENTAL ISSUES 9
TABLE 1.3 Actions Generally Excluded from Further NEPA Review But Subject
to FHWA Approval
1. Modernization of a highway by resurfacing, restoration, rehabilitation, reconstruction, adding
shoulders, or auxiliary lanes
2. Highway safety or traffic operations improvement projects, including the installation of ramp-
metering control devices and lighting
3. Bridge rehabilitation, reconstruction, or replacement or the construction of grade separation to
replace existing at-grade railroad crossings
4. Transportation corridor fringe parking facilities
5. Construction of new truck weigh stations or rest areas
6. Approvals for disposal of excess right-of-way or for joint or limited use of right-of-way, where
the proposed use does not have significant adverse impacts
7. Approvals for changes in access control
8. Construction of new bus storage and maintenance facilities in areas used predominately for indus-
trial or transportation purposes where such construction is not inconsistent with existing zoning
and located on or near a street with adequate capacity to handle anticipated bus and support vehi-
cle traffic
9. Rehabilitation or reconstruction of existing rail and bus buildings and ancillary facilities where
only minor amounts of additional land are required and there is not a substantial increase in
the number of users
10. Construction of bus-transfer facilities (an open area consisting of passenger shelters, boarding
areas, kiosks, and related street improvements) when located in a commercial area or other
high-activity center in which there is adequate street capacity for projected bus traffic
11. Construction of rail storage and maintenance facilities in areas used predominatly for industrial or
transportation purposes where such construction is not inconsistent with existing zoning and
where there is no significant noise impact on the surrounding community
12. Acquisition of land for hardship or protective purposes
Source: Adapted from 23 CFR 771.117(d).
A determination of the extent of environmental documentation is based on a preliminary
environmental evaluation of a proposed action to determine whether:
• The proposed action falls within the definitions of projects that are categorically
excluded from NEPA review.
• The proposed action has the potential to result in one or more significant environmental
impacts.
• Measures are reasonably available that could mitigate potential environmental effects
thereby eliminating the potential for significant environmental impacts.
• The project has unusual level of public controversy that may warrant preparation of an EIS.
Categorical Exclusions. CEQ regulations implementing NEPA (40 CFR 1508.4)
require that each federal agency identify the types of actions under its purview that
would not individually or cumulatively result in significant environmental impacts.
These projects, designated as categorical exclusions, are exempt from the need to pre-
pare an EA or EIS.
FHWA has identified two sets of projects that may be categorically excluded from
detailed review under NEPA. The first group of actions is found in 23 CFR 771.117(c) and