---
kind: "section"
citation: "49 C.F.R. § 1105.5"
title: "49"
number: "1105.5"
heading: "Determinative criteria."
url: "https://uscodex.org/cfr/49/1105.5"
---

# §1105.5. Determinative criteria.

- (a) In determining whether a “major Federal action” (as that term is defined by the Council on Environmental Quality in [40 CFR 1508.18](/cfr/40/1508.18.md)) has the potential to affect significantly the quality of the human environment, the Board is guided by the definition of “significantly” at [40 CFR 1508.27](/cfr/40/1508.27.md).
- (b) A finding that a service or transaction is not within the STB's jurisdiction does not require an environmental analysis under the National Environmental Policy Act or historic review under the National Historic Preservation Act.
- (c) The environmental laws are not triggered where the STB's action is nothing more than a ministerial act, as in:
  - (1) The processing of abandonments proposed under the Northeast Rail Services Act ([45 U.S.C. 744(b)(3)](/usc/45/744.md?p=b-3));
  - (2) Statutorily-authorized interim trail use arrangements under [16 U.S.C. 1247(d)](/usc/16/1247.md?p=d) [see, [49 CFR 1152.29](/cfr/49/1152.29.md)]; or
  - (3) Financial assistance arrangements under [49 U.S.C. 10904](/usc/49/10904.md) (see [49 CFR 1152.27](/cfr/49/1152.27.md)).

## Notes

### Amendments

[56 FR 36105, July 31, 1991; 56 FR 49821, Oct. 1, 1991; 81 FR 8853, Feb. 23, 2016]

### Authority

Authority: 16 U.S.C. 1456 and 1536; 42 U.S.C. 4332 and 6362(b); 49 U.S.C. 1301 note (1995) (Savings Provisions), 1321(a), 10502, and 10903-10905; 54 U.S.C. 306108.

### Source

Source: 56 FR 36105, July 31, 1991, unless otherwise noted.

### Amendments

[56 FR 36105, July 31, 1991; 56 FR 49821, Oct. 1, 1991; 81 FR 8853, Feb. 23, 2016]