Guidance for Implementation of FTA's Categorical Exclusions (23 CFR 771.118)
This guidance aims to assist FTA Regional staff and project sponsors in applying the specific categorical exclusions located at 23 CFR 771.118 to FTA projects. FTA has updated the CE Guidance in response to statutory and regulatory changes, as well as the need for clarification on certain issues that have arisen on the application of categorical exclusions to particular projects.
Increase In Categorical Exclusion for Projects of Limited Federal Assistance
|Published in Fiscal Year October 2022 (June 2021 to June 2022 CPI increase of 9.1%)||$6,546,000
|Published in Fiscal Year October 2021 (Established by BIL)||$6 million
Effective as of October 1, 2021 (Fiscal Year 2022), the monetary limits for the Categorical Exclusion for Projects of Limited Federal Assistance (23 CFR 771.118(c)(13)) are defined as:
- Projects receiving less than $6 million of federal funds, or
- Projects with a total estimated cost less than $35 million and federal funding of less than 15 percent of total estimated project cost.
The limits were raised by the Infrastructure Investment and Jobs Act (also known as the “Bipartisan Infrastructure Law” (BIL), enacted as Public Law 117-58). The BIL amended Section 1317 of the Moving Ahead For Progress in the 21st Century Act (23 U.S.C. 109 note; Public Law 112–141).
Section 1314 of the Fixing America’s Surface Transportation Act directed the Federal Highway Administration and FTA to amend the provision for “Categorical Exclusions for Projects of Limited Federal Assistance” to adjust the monetary limits annually for inflation based on the Consumer Price Index prepared by the Department of Labor.
Beginning October 1, 2022, and every subsequent year on October 1, the annually adjusted figures will be published to include the percentage increase from June of the prior year to June of the current year (88 FR 4072).