23 CFR 771.115 - Classes of actions.

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§ 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) Construction or extension of a fixed transit facility (e.g., rapid rail, light rail, commuter rail, bus rapid transit) that will not be located within an existing transportation right-of-way.
(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 cumulatively 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) for FHWA actions or pursuant to § 771.118(c) for FTA actions. When appropriately documented, additional projects may also qualify as CEs pursuant to § 771.117(d) for FHWA actions or pursuant to § 771.118(d) for FTA actions.
(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.
[52 FR 32660, Aug. 28, 1987, as amended at 74 FR 12529, Mar. 24, 2009; 78 FR 8983, Feb. 7, 2013]

Title 23 published on 2014-04-01

The following are only the Rules published in the Federal Register after the published date of Title 23.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-10-06; vol. 79 # 193 - Monday, October 6, 2014
    1. 79 FR 60100 - Environmental Impact and Related Procedures—Programmatic Agreements and Additional Categorical Exclusions
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Highway Administration, Federal Transit Administration
      Final rule.
      Effective on November 5, 2014.
      23 CFR Part 771

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Title 23 published on 2014-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 23 CFR 771 after this date.

  • 2014-10-06; vol. 79 # 193 - Monday, October 6, 2014
    1. 79 FR 60100 - Environmental Impact and Related Procedures—Programmatic Agreements and Additional Categorical Exclusions
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Highway Administration, Federal Transit Administration
      Final rule.
      Effective on November 5, 2014.
      23 CFR Part 771