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This list of effects is not meant to be exclusive, nor does it mean that each effect considered must be given equal weight in making a determination upon a particular highway location or design.
a. When a State highway department begins considering the development or improvement of a traffic corridor in a particular area, it shall solicit the views of that State's resources, recreation, and planning agencies, and of those Federal agencies and local public officials and agencies, and public advisory groups which the State highway department knows or believes might be interested in or affected by the development or improvements. The State highway department shall establish and maintain a list upon which any Federal agency, local public official or public advisory group may enroll, upon its request, to receive notice of projects in any area specified by that agency, official, or group. The State highway departments are also encouraged to establish a list upon which other persons and groups interested in highway corridor locations may enroll in order to have their views considered. If the corridor affects another State, views shall also be solicited from the appropriate agencies within that State. All written views received as a result of coordination under this pargraph must be made available to the public as a part of the public hearing procedures set forth in paragraph 8.
b. Other public hearings or informal public meetings, clearly identified as such, may be desirable either before the study of alternate routes in the corridor begins or as it progresses to inform the public about highway proposals and to obtain information from the public which might affect the scope of the study or the choice of alternatives to be considered, and which might aid in identification of critical social, economic and environmental effects at a stage permitting maximum consideration of these effects. State highway departments are encouraged to hold such a hearing or meeting whenever that action would further the objectives of this PPM or would otherwise serve the public interest.
6. Hearing requirements.
a. Both a corridor public hearing and a design public hearing must be held, or an opportunity afforded for those hearings, with respect to each Federalaid highway project that:
(1) Is on a new location; or
(2) Would have a substantially different social, economic or environmental effect; or
(3) Would essentially change the layout or function of connecting roads or streets.
However, with respect to secondary road programs, two hearings are not required on a project covered by paragraph 6(a) (1) or (2) unless it will carry an average of 750 vehicles a day in the year following its completion.
b. A single combined corridor and highway design public hearing must be held, or the opportunity for such a hearing afforded, on all other projects before route location approval, except as provided in paragraph 6.c, below.
c. Hearings are not required for those projects that are solely for such improvements as resurfacing, widening existing lanes, adding auxiliary lanes, replacing existing grade separation structures, installing traffic control devices or similar improvements, unless the project:
(1) Requires the acquisition of additional right-of-way; or
(3) Would change the layout or function of connecting roads or streets or of the facility being improved.
d. With respect to a project on which a hearing was held, or an opportunity for a hearing afforded, before the effective date of this PPM, the following requirements apply:
(1) With respect to projects which have not received location approval:
(a) If location approval is not requested within 3 years after the date of the hearing or an opportunity for a hearing, compliance with the corridor hearing requirements is required unless a substantial amount of right-of-way has been acquired.
(b) If location approval is requested within 3 years after the date of the hearing or an opportunity for a hearing, compliance with the corridor hearing requirements is not required.
(2) With respect to those projects which have not received design approval: (a) If design approval is not requested within 3 years after the date of the hearing or an opportunity for a hearing, compliance with the design hearing requirements is required.
(b) If design approval is requested within 3 years after the date of the hearing or an opportunity for a hearing, compliance with the design hearing requirements is nevertheless required unless the division engineer finds that the hearing adequately dealt with design issues relating to major design features.
e. If location approval is not requested within 3 years after the date of the related corridor hearing held, or an opportunity for a hearing afforded, under this PPM, a new hearing must be held or the opportunity afforded for such a hearing.
f. If design approval is not requested within 3 years after the date of the related design hearing held, or an opportunity for a hearing afforded, under this PPM, a new hearing must be held or the opportunity afforded for such a hearing.
7. Opportunity for public hearings.
a. A State may satisfy the requirements for a public hearing by (1) holding a public hearing, or (2) publishing two notices of opportunity for public hearing and holding a public hearing if any written requests for such a hearing are received. The procedure for requesting a public hearing shall be explained in the notice. The deadline for submission of such a request may not be less than 21 days after the date of publication of the first notice of opportunity for public hearing, and no less than 14 days after the date of publication of the second notice of opportunity for public hearing.
b. A copy of the notice of opportunity for public hearing shall be furnished to the division engineer at time of publication. If no requests are received in response to a notice within the time specified for the submission of those requests, the State highway department shall certify that fact to the division engineer.
C. The opportunity for another public hearing shall be afforded in any case where proposed locations or designs are so changed from those presented in the notices specified above or at a public hearing as to have a substantially different social, economic, or environmental effect.
d. The opportunity for a public hearing shall be afforded in each case in which either the State highway department or the division engineer is in doubt as to whether a public hearing is required.
e. Public hearing procedures authorized and required by State law may be followed in lieu of any particular hearing requirement of paragraph 7 or 8 of this PPM if, in the opinion of the Administrator, such procedures are reasonably comparable to that requirement.
8. Public hearing procedures. a. Notice of public hearing:
(1) When a public hearing is to be held, a notice of public hearing shall be published at least twice in a newspaper having general circulation in the vicinity of the proposed undertaking. The notice should also be published in any newspaper having a substantial circulation in the area concerned; such as foreign language newspapers and local community newspapers. The first of the required publications shall be from 30 to 40 days before the date of the hearing, and the second shall be from 5 to 12 days before the date of the hearing. The timing of additional publications is optional.
(2) In addition to publishing a formal notice of public hearing, the State highway department shall mail copies of the notice to appropriate news media, the State's resource, recreation, and planning agencies, and appropriate representatives of the Departments of the Interior and Housing and Urban Development. The State highway department shall also mail copies to other federal agencies, and local public officials, public advisory groups and agencies who have requested notice of hearing and other groups or agencies who, by nature of their function, interest, or responsibility the highway department knows or believes might be interested in or affected by the proposal. The State highway department shall establish and maintain a list upon which any federal agency, local public official, public advisory group or agency, civic association or other community group may enroll upon its request to receive notice of projects in any area specified by that agency, official or group.
(3) Each notice of public hearing shall specify the date, time, and place of the hearing and shall contain a description of the proposal. To promote
public understanding, the inclusion of a map or other drawing as part of the notice is encouraged. The notice of public hearing shall specify that maps, drawings, and other pertinent information developed by the State highway department and written views received as a result of the coordination outlined in Paragraph 5.a will be available for public inspection and copying and shall specify where this information is available; namely, at the nearest State highway department office or at some other convenient location in the vicinity of the proposed project.
(4) A notice of highway design public hearing shall indicate that tentative schedules for right-of-way acquisition and construction will be discussed.
(5) Notices of public hearing shall indicate that relocation assistance programs will be discussed.
(6) The State highway department shall furnish the division engineer with a copy of the notice of public hearing at the time of first publication.
b. Conduct of public hearing:
(1) Public hearings are to be held at a place and time generally convenient for persons affected by the proposed undertaking.
(2) Provision shall be made for submission of written statements and other exhibits in place of, or in addition to, oral statements at a public hearing. The procedure for the submissions shall be described in the notice of public hearing and at the public hearing. The final date for receipt of such statements or exhibits shall be at least 10 days after the public hearing.
(3) At each required corridor public hearing, pertinent information about location alternatives studied by the State highway department shall be made available. At each required highway design public hearing information about design alternatives studied by the State highway department shall be made available.
(4) The State highway department shall make suitable arrangements for responsible highway officials to be present at public hearings as necessary to conduct the hearings and to be responsive to questions which may arise.
(5) The State highway department shall describe the State-Federal relationship in the Federal-aid highway program by an appropriate brochure, pamphlet, or statement, or by other means.
(6) A State highway department may arrange for local public officials to conduct a required public hearing. The State shall be appropriately represented at such public hearing and is responsible for meeting other require-ments of this PPM.
(7) The State highway department shall explain the relocation assistance program and relocation assistance payments available.
(8) At each public hearing the State highway department shall announce or otherwise explain that, at any time after the hearing and before the location or design approval related to that hearing, all information developed in support of the proposed location or design will be available upon request, for public inspection and copying.
(9) To improve coordination with the State highway department, it is desirable that the division engineer or his representative attend a public hearing as an observer. At a hearing, he may properly explain procedural and technical matters, if asked to do so. A Federal Highway Administration decision regarding a proposed location or design will not be made before the State highway department has requested location or design approval in accordance with paragraph 10.
(1) The State highway department shall provide for the making of a verbatim written transcript of the oral proceedings at each public hearing. It shall permit a copy of the transcript to the division engineer within a reasonable period (usually less than 2 months) after the public hearing, together with:
(a) Copies of, or reference to, or photographs of each statement or exhibit used or filed in connection with a public hearing.
(b) Copies of, or reference to, all information made available to the public before the public hearing.
(2) The State highway department shall make copies of the materials described in subparagraph 8.c.(1) available for public inspection and copying not later than the date the transcript is submitted to the division engineer.
9. Consideration of social, economic, and environmental effects. State highway departments shall consider social, economic, and environmental
effects before submission of requests for location or design approval, whether or not a public hearing has been held. Consideration of social, economic, and environmental effects shall include an analysis of information submitted to the State highway department in connection with public hearings or in response to the notice of the location or design for which a State highway department intends to request approval. It shall also include consideration of information developed by the State highway department or gained from other contacts with interested persons or groups.
10. Location and design approval.
a. This section applies to all requests for location or design approval whether or not public hearings, or the opportunity for public hearings, are required by this PPM.
b. Each request by a State highway department for approval of a route location or highway design must include a study report containing the following:
(1) Descriptions of the alternatives considered and a discussion of the anticipated social, economic, and environmental effects of the alternatives, pointing out the significant differences and the reasons supporting the proposed location or design. In addition, the report must include an analysis of the relative consistency of the alternatives with the goals and objectives of any urban plan that has been adopted by the community concerned.
(a) Location study reports must describe the termini, the general type of facility, the nature of the service which the highway is intended to provide, and other major features of the alternatives.
(b) Design study reports must describe essential elements such as design standards, number of traffic lanes, access control features, general horizontal and vertical alignment, right-of-way requirements and location of bridges, interchanges, and other structures.
(2) Appropriate maps or drawings of the location or design for which approval is requested.
(3) A summary and analysis of the views received concerning the proposed undertaking.
(4) A list of any prior studies relevant to the undertaking.
c. At the time it requests approval under this paragraph, each state highway department shall publish in a newspaper meeting the requirements of paragraph 8.a.(1), a notice describing the location or design, or both, for which it is requesting approval. The notice shall include a narrative description of the location or design. Where practicable, the inclusion of a map or sketch of that location or design is desirable. In any event, the publication shall state that such maps or sketches as well as all other information submitted in support of the request for approval is publicly available at a convenient location.
d. The following requirements apply to the processing of requests for highway location or highway design approval:
(1) Location approval. The division engineer may approve a route location and authorize design engineering only after the following requirements are met:
(a) The State highway department has requested route location approval.
(b) Corridor public hearings required by this PPM have been held, or the opportunity for hearings has been afforded.
(c) The State highway department has submitted public hearing transcripts and certificates required by section 128, title 23, United States Code.
(d) The requirements of this PPM and of other applicable laws and regulations.
(2) Design approval. The division engineer may approve the highway design and authorize right-of-way acquisition, approve right-of-way plans, approve construction plans, specifications, and estimates, or authorize construction, only after the following requirements have been met:
(a) The route location has been approved.
(b) The State highway department has requested highway design approval.
(c) Highway design public hearings required by this PPM have been held, or the opportunity for hearings has been afforded.
(d) The State highway department has submitted the public hearing transcripts and certificates required by section 128, title 23, United States Code.
(e) The requirements of this PPM and of other applicable laws and regulations.
e. The division engineer, under criteria to be promulgated by the Federal Highway Administrator, may in other appropriate instances authorize the acquisition of right-of-way before a design hearing.
f. Secondary Road Plans shall be amended as necessary to incorporate procedures similar to those required for other projects. Secondary Road Plans shall include provisions requiring (1) route location and highway design approval, (2) preparation of study reports as described in paragraph 10(b), and (3) corridor and highway design public hearings in all cases where they would be required for Federal-aid projects not administered under the Secondary Road Plan. Project actions by the division engineer or submissions to the division engineer which are not now required should not be established for Secondary Road Plan projects as a result of this PPM.
11. Publication of approval. In cases where a public hearing was held, or the opportunity for a public hearing afforded, the state highway department shall publish notice of the action taken by the division engineer on each request for approval of a highway location or design, or both, in a newspaper meeting the requirements of paragraph 8.a.(1), within 10 days after receiving notice of that action. The notice shall include a narrative description of the location and/or design, as approved. Where practicable, the inclusion of a map or sketch of that location or design is desirable. In any event, the publication shall state that such maps or sketches as well as all other information concerning the approval is publicly available at a convenient location.
12. Reimbursement for public hearing expenses. Public hearings are an integral part of the preliminary engineering process. Reasonable costs associated with public hearings are eligible for reimbursement with federalaid funds on the same basis as other preliminary engineering costs.
Issued in Washington, D.C., on January 14, 1969. (SEAL)
F. C. TURNER, Director of Public Roads.
LOWELL K. BRIDWELL,
Federal Highway Administrator. [F.R. Doc. 69-621; Filed, Jan. 16, 1969; 8:47 a.m.]
PART 2-STATEMENT OF POLICY AS TO ADMINISTRATIVE ACTION TO
BE TAKEN BY THE FEDERAL HIGHWAY ADMINISTRATOR IN IN
STANCES OF IRREGULARITIES Sec. 2.1 Purpose. 2.2 Definitions. 2.3 Nature of administrative action. 2.4 Administrative action to be taken under various situations. 2.5 Other instances of irregularities. 2.6 Notice of proposed administrative action. 2.7 Hearings. 2.8 Determination and notice of administrative action.
AUTHORITY: The provisions of this Part 2 issued under sec. 315, 72 Stat. 915; 23 U.S.C. 315.
SOURCE: The provisions of this Part 2 appear at 27 F.R. 8448, Aug. 23, 1962, unless otherwise noted. 82.1 Purpose.
The purpose of this part is to prescribe the administrative action which shall be taken by the Administrator in order to safeguard the Federal interest in instances of irregularities in the administration and execution of the direct-Federal and Federal-aid highway programs. It is applicable to personnel of the Bureau of Public Roads (referred to as the Bureau in this part), and State highway departments, highway construction contractors and organizations including personnel thereof, or to other persons or organizations performing services for the Bureau or State highway departments on a fee or contract basis.