Legacy CEQ-compiled dataset (pre-authoritative baseline)
Compiled reference Federal Highway Administration's Categorical Exclusions (opens in new tab)Categorical Exclusion
Federal Highway Administration (FHWA)
Exclusion Text
(9) The following actions for transportation facilities damaged by an incident resulting in an emergency declared by the Governor of the State and concurred in by the Secretary, or a disaster or emergency declared by the President pursuant to the Robert T. Stafford Act (42 U.S.C. 5121):
(i) Emergency repairs under 23 U.S.C. 125; and
(ii) The repair, reconstruction, restoration, retrofitting, or replacement of any road, highway, bridge, tunnel, or transit facility (such as a ferry dock or bus transfer station), including ancillary transportation facilities (such as pedestrian/bicycle paths and bike lanes), that is in operation or under construction when damaged and the action:
(A) Occurs within the existing right-of-way and in a manner that substantially conforms to the preexisting design, function, and location as the original (which may include upgrades to meet existing codes and standards as well as upgrades warranted to address conditions that have changed since the original construction); and
(B) Is commenced within a 2-year period beginning on the date of the declaration.
Provenance
- Agency: Legacy CEQ-compiled dataset (pre-authoritative baseline) (LEGACY)
- Source provenance: Compiled reference
- Source type: legacy seed
- Identifier:
FHWA---1-9 - Fetched at: 1970-01-01T00:00:00+00:00 (not an agency verification date)
Source legal reference
CEQ-compiled compendium of Federal categorical exclusions (historical, non-authoritative baseline)
Disclaimer
This CE Explorer tool is not an authoritative source and creates no rights or obligations. Review the relevant agency's NEPA procedures before applying a categorical exclusion.
When using the CE Explorer Tool, Federal agencies and stakeholders should review the relevant agency's NEPA procedures for information about how to apply the CE, including any limitations or potential extraordinary circumstances, and to ensure that a CE is current and applicable to a given proposed action. To adopt and use another agency's categorical exclusion, an agency must follow the steps described in section 109 of NEPA, 42 U.S.C. 4336c.
