[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR771.115]

[Page 380]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 771--ENVIRONMENTAL IMPACT AND RELATED PROCEDURES--Table of Contents
 
Sec. 771.115  Classes of actions.

    There are three classes of actions which prescribe the level of 
documentation required in the NEPA process.
    (a) Class I (EISs). Actions that significantly affect the 
environment require an EIS (40 CFR 1508.27). The following are examples 
of actions that normally required an EIS:
    (1) A new controlled access freeway.
    (2) A highway project of four or more lanes on a new location.
    (3) New construction or extension of fixed rail transit facilities 
(e.g., rapid rail, light rail, commuter rail, automated guideway 
transit).
    (4) New construction or extension of a separate roadway for buses or 
high occupancy vehicles not located within an existing highway facility.
    (b) Class II (CEs). Actions that do not individually or cumulative 
have a significant environmental effect are excluded from the 
requirement to prepare an EA or EIS. A specific list of CEs normally not 
requiring NEPA documentation is set forth in Sec. 771.117(c). When 
appropriately documented, additional projects may also qualify as CEs 
pursuant to Sec. 771.117(d).
    (c) Class III (EAs). Actions in which the significance of the 
environmental impact is not clearly estabilished. All actions that are 
not Class I or II are Class III. All actions in this class require the 
preparation of an EA to determine the appropriate environmental document 
required.