---
kind: "section"
citation: "40 C.F.R. § 93.126"
title: "40"
number: "93.126"
heading: "Exempt projects."
url: "https://uscodex.org/cfr/40/93.126"
---

# §93.126. Exempt projects.


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)](/cfr/40/93.105.md?p=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:


## Notes

### Amendments

[62 FR 43801, Aug. 15, 1997, as amended at 69 FR 40081, July 1, 2004; 71 FR 12510, Mar. 10, 2006; 73 FR 4441, Jan. 24, 2008]

### Source

Source: 62 FR 43801, Aug. 15, 1997, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401-7671q.

### Source

Source: 58 FR 62235, Nov. 24, 1993, unless otherwise noted.

### Amendments

[62 FR 43801, Aug. 15, 1997, as amended at 69 FR 40081, July 1, 2004; 71 FR 12510, Mar. 10, 2006; 73 FR 4441, Jan. 24, 2008]