Updated November 28, 2018

23 CFR § 771.116 FRA categorical exclusions.

(a) CEs are actions that meet the definition contained in 40 CFR 1508.4, and, based on 

FRA’s past experience with similar actions, do not involve significant environmental impacts. 

They are actions that do not induce significant impacts to planned growth or land use for the 

area; do not require the relocation of significant numbers of people; do not have a significant 

impact on any natural, cultural, recreational, historic or other resource; do not involve significant 

air, noise, or water quality impacts; do not have significant impacts on travel patterns; or do not 

otherwise, either individually or cumulatively, have any significant environmental impacts.

(b) Any action that normally would be classified as a CE but could involve unusual 

circumstances will require FRA, in cooperation with the applicant, to conduct appropriate 

environmental studies to determine if the CE classification is proper. Such unusual 

circumstances include:

(1) Significant environmental impacts;

(2) Substantial controversy on environmental grounds;

(3) Significant impact on properties protected by Section 4(f) requirements or Section 

106 of the National Historic Preservation Act; or

(4) Inconsistencies with any Federal, State, or local law, requirement or administrative 

determination relating to the environmental aspects of the action.

(c) Actions that FRA determines fall within the following categories of FRA CEs and that 

meet the criteria for CEs in the CEQ regulation (40 CFR 1508.4) and paragraph (a) of this 

section may be designated as CEs only after FRA approval. FRA may request the applicant or 

project sponsor submit documentation to demonstrate that the specific conditions or criteria for 

these CEs are satisfied and that significant environmental effects will not result.
Updated November 28, 2018

(1) Administrative procurements (e.g. for general supplies) and contracts for personal 

services, and training.

(2) Personnel actions.

(3) Planning or design activities that do not commit to a particular course of action 

affecting the environment.

(4) Localized geotechnical and other investigations to provide information for 

preliminary design and for environmental analyses and permitting purposes, such as drilling test 

bores for soil sampling; archeological investigations for archeology resources assessment or 

similar survey; and wetland surveys.

(5) Internal orders, policies, and procedures not required to be published in the Federal 

Register under the Administrative Procedure Act, 5 U.S.C. 552(a)(1).

(6) Rulemakings issued under section 17 of the Noise Control Act of 1972, 42 U.S.C. 

4916.

(7) Financial assistance to an applicant where the financial assistance funds an activity

that is already completed, such as refinancing outstanding debt.

(8) Hearings, meetings, or public affairs activities.

(9) Maintenance or repair of existing railroad facilities, where such activities do not 

change the existing character of the facility, including equipment; track and bridge structures; 

electrification, communication, signaling, or security facilities; stations; tunnels; maintenance-ofway and maintenance-of-equipment bases.

(10) Emergency repair or replacement, including reconstruction, restoration, or 

retrofitting, of an essential rail facility damaged by the occurrence of a natural disaster or 

catastrophic failure. Such repair or replacement may include upgrades to meet existing codes 
Updated November 28, 2018

and standards as well as upgrades warranted to address conditions that have changed since the 

rail facility’s original construction.

(11) Operating assistance to a railroad to continue existing service or to increase service 

to meet demand, where the assistance will not significantly alter the traffic density characteristics 

of existing rail service.

(12) Minor rail line additions, including construction of side tracks, passing tracks, 

crossovers, short connections between existing rail lines, and new tracks within existing rail 

yards or right-of-way, provided that such additions are not inconsistent with existing zoning, do 

not involve acquisition of a significant amount of right-of-way, and do not significantly alter the 

traffic density characteristics of the existing rail lines or rail facilities.

(13) Acquisition or transfer of real property or existing railroad facilities, including track 

and bridge structures; electrification, communication, signaling or security facilities; stations; 

and maintenance of way and maintenance of equipment bases or the right to use such real 

property and railroad facilities, for the purpose of conducting operations of a nature and at a level 

of use similar to those presently or previously existing on the subject properties or facilities.

(14) Research, development, or demonstration activities on existing railroad lines or 

facilities, such as advances in signal communication or train control systems, equipment, or 

track, provided that such activities do not require the acquisition of a significant amount of rightof-way and do not significantly alter the traffic density characteristics of the existing rail line or 

facility.

(15) Promulgation of rules, the issuance of policy statements, the waiver or modification 

of existing regulatory requirements, or discretionary approvals that do not result in significantly 

increased emissions of air or water pollutants or noise.
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(16) Alterations to existing facilities, locomotives, stations, and rail cars in order to make 

them accessible for the elderly and persons with disabilities, such as modifying doorways, 

adding or modifying lifts, constructing access ramps and railings, modifying restrooms, and 

constructing accessible platforms.

(17) The rehabilitation, reconstruction or replacement of bridges, the rehabilitation or 

maintenance of the rail elements of docks or piers for the purposes of intermodal transfers, and 

the construction of bridges, culverts, or grade separation projects that are predominantly within 

existing right-of-way and that do not involve extensive in-water construction activities, such as 

projects replacing bridge components including stringers, caps, piles, or decks, the construction 

of roadway overpasses to replace at-grade crossings, construction or reconstruction of 

approaches or embankments to bridges, or construction or replacement of short span bridges. 

(18) Acquisition (including purchase or lease), rehabilitation, transfer, or maintenance of 

vehicles or equipment, including locomotives, passenger coachers, freight cars, trainsets, and 

construction, maintenance or inspection equipment, that does not significantly alter the traffic 

density characteristics of an existing rail line. 

(19) Installation, repair and replacement of equipment and small structures designed to 

promote transportation safety, security, accessibility, communication or operational efficiency 

that take place predominantly within the existing right-of-way and do not result in a major 

change in traffic density on the existing rail line or facility, such as the installation, repair or 

replacement of surface treatments or pavement markings, small passenger shelters, passenger 

amenities, benches, signage, sidewalks or trails, equipment enclosures, and fencing, railroad 

warning devices, train control systems, signalization, electric traction equipment and structures, 

electronics, photonics, and communications systems and equipment, equipment mounts, towers 
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and structures, information processing equipment, and security equipment, including surveillance 

and detection cameras.

(20) Environmental restoration, remediation, pollution prevention, and mitigation 

activities conducted in conformance with applicable laws, regulations and permit requirements, 

including activities such as noise mitigation, landscaping, natural resource management 

activities, replacement or improvement to storm water oil/water separators, installation of 

pollution containment systems, slope stabilization, and contaminated soil removal or remediation 

activities.

(21) Assembly or construction of facilities or stations that are consistent with existing 

land use and zoning requirements, do not result in a major change in traffic density on existing 

rail or highway facilities, and result in approximately less than ten acres of surface disturbance, 

such as storage and maintenance facilities, freight or passenger loading and unloading facilities 

or stations, parking facilities, passenger platforms, canopies, shelters, pedestrian overpasses or 

underpasses, paving, or landscaping. 

(22) Track and track structure maintenance and improvements when carried out 

predominantly within the existing right-of-way that do not cause a substantial increase in rail 

traffic beyond existing or historic levels, such as stabilizing embankments, installing or 

reinstalling track, re-grading, replacing rail, ties, slabs and ballast, installing, maintaining, or 

restoring drainage ditches, cleaning ballast, constructing minor curve realignments, improving or 

replacing interlockings, and the installation or maintenance of ancillary equipment.

(d) Any action qualifying as a CE under 771.117 or 771.118 may be approved by FRA 

when the applicable requirements of those sections have been met. FRA may consult with 

FHWA or FTA to ensure the CE is applicable to the proposed action.