{"data":{"id":"us/40-cfr-93.126","jurisdiction":"us","citation":"40 CFR 93.126","heading":"Exempt projects.","body":"Notwithstanding the other requirements of this subpart, highway and transit projects of the types listed in table 2 of this section are exempt from the requirement to determine conformity. Such projects may proceed toward implementation even in the absence of a conforming transportation plan and TIP. A particular action of the type listed in table 2 of this section is not exempt if the MPO in consultation with other agencies (see § 93.105(c)(1)(iii)), the EPA, and the FHWA (in the case of a highway project) or the FTA (in the case of a transit project) concur that it has potentially adverse emissions impacts for any reason. States and MPOs must ensure that exempt projects do not interfere with TCM implementation. Table 2 follows:\nTable 2—Exempt Projects\nSafety\nRailroad/highway crossing.\nProjects that correct, improve, or eliminate a hazardous location or feature.\nSafer non-Federal-aid system roads.\nShoulder improvements.\nIncreasing sight distance.\nHighway Safety Improvement Program implementation.\nTraffic control devices and operating assistance other than signalization projects.\nRailroad/highway crossing warning devices.\nGuardrails, median barriers, crash cushions.\nPavement resurfacing and/or rehabilitation.\nPavement marking.\nEmergency relief (23 U.S.C. 125).\nFencing.\nSkid treatments.\nSafety roadside rest areas.\nAdding medians.\nTruck climbing lanes outside the urbanized area.\nLighting improvements.\nWidening narrow pavements or reconstructing bridges (no additional travel lanes).\nEmergency truck pullovers.\nMass Transit\nOperating assistance to transit agencies.\nPurchase of support vehicles.\nRehabilitation of transit vehicles 1.\nPurchase of office, shop, and operating equipment for existing facilities.\nPurchase of operating equipment for vehicles (e.g., radios, fareboxes, lifts, etc.).\nConstruction or renovation of power, signal, and communications systems.\nConstruction of small passenger shelters and information kiosks.\nReconstruction or renovation of transit buildings and structures (e.g., rail or bus buildings, storage and maintenance facilities, stations, terminals, and ancillary structures).\nRehabilitation or reconstruction of track structures, track, and trackbed in existing rights-of-way.\nPurchase of new buses and rail cars to replace existing vehicles or for minor expansions of the fleet 1.\nConstruction of new bus or rail storage/maintenance facilities categorically excluded in 23 CFR part 771.\nAir Quality\nContinuation of ride-sharing and van-pooling promotion activities at current levels.\nBicycle and pedestrian facilities.\nOther\nSpecific activities which do not involve or lead directly to construction, such as:\nPlanning and technical studies.\nGrants for training and research programs.\nPlanning activities conducted pursuant to titles 23 and 49 U.S.C.\nFederal-aid systems revisions.\nEngineering to assess social, economic, and environmental effects of the proposed action or alternatives to that action.\nNoise attenuation.\nEmergency or hardship advance land acquisitions (23 CFR 710.503).\nAcquisition of scenic easements.\nPlantings, landscaping, etc.\nSign removal.\nDirectional and informational signs.\nTransportation enhancement activities (except rehabilitation and operation of historic transportation buildings, structures, or facilities).\nRepair of damage caused by natural disasters, civil unrest, or terrorist acts, except projects involving substantial functional, locational or capacity changes.\nNote:\n1In PM10 and PM2.5 nonattainment or maintenance areas, such projects are exempt only if they are in compliance with control measures in the applicable implementation plan.","path":["Title 40—Protection of Environment","CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY","SUBCHAPTER C—AIR PROGRAMS","PART 93—DETERMINING CONFORMITY OF FEDERAL ACTIONS TO STATE OR FEDERAL IMPLEMENTATION PLANS","Subpart A—Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Laws"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-40.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:04Z","sha256":"2232a0e00ae5c8ec417775a6a552e1e4cf75b0e8975ebeeeb8226de1d8b2041a","source_id":"us-cfr","stale":true,"prev":"us/40-cfr-93.125","next":"us/40-cfr-93.127"},"notice":"GroundRules: Original legal text. Not legal advice."}