23 C.F.R. § 771.115 Classes of actions.
Title 23 - Highways
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 §771.117(c). When appropriately documented, additional projects may also qualify as CEs pursuant to §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.
Title 23: Highways
PART 771—ENVIRONMENTAL IMPACT AND RELATED PROCEDURES
§ 771.115 Classes of actions.
