[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR450.212]

[Page 97-98]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 450--PLANNING ASSISTANCE AND STANDARDS--Table of Contents
 
              Subpart B--Statewide Transportation Planning
 
Sec. 450.212  Public involvement.

    (a) Public involvement processes shall be proactive and provide 
complete information, timely public notice, full public access to key 
decisions, and opportunities for early and continuing involvement. The 
processes shall provide for:
    (1) Early and continuing public involvement opportunities throughout 
the transportation planning and programming process;
    (2) Timely information about transportation issues and processes to 
citizens, affected public agencies, representatives of transportation 
agency employees, private providers of transportation, other interested 
parties and segments of the community affected by transportation plans, 
programs, and projects;
    (3) Reasonable public access to technical and policy information 
used in the development of the plan and STIP;
    (4) Adequate public notice of public involvement activities and time 
for public review and comment at key decision points, including but not 
limited to action on the plan and STIP;
    (5) A process for demonstrating explicit consideration and response 
to public input during the planning and program development process;
    (6) A process for seeking out and considering the needs of those 
traditionally underserved by existing transportation systems, such as 
low-income and minority households which may face challenges accessing 
employment and other amenities;
    (7) Periodic review of the effectiveness of the public involvement 
process to ensure that the process provides full and open access to all 
and revision of the process as necessary.
    (b) Public involvement activities carried out in a metropolitan area 
in response to metropolitan planning requirements in Sec. 450.322(c) or 
Sec. 450.324(c) may by agreement of the State and the MPO satisfy the 
requirements of this section.
    (c) During initial development and major revisions of the statewide 
transportation plan required under Sec. 450.214, the State shall provide 
citizens, affected public agencies and jurisdictions, employee 
representatives of transportation and other affected agencies, private 
and public providers of transportation, and other interested parties a 
reasonable opportunity to comment on the proposed plan. The proposed 
plan shall be published, with reasonable notification of its 
availability, or otherwise made readily available for public review and 
comment. Likewise, the official statewide transportation plan (see 
Sec. 450.214(d)) shall be published, with reasonable notification of its 
availability, or otherwise made readily available for public 
information.
    (d) During development and major revision of the statewide 
transportation improvement program required under Sec. 450.216, the 
Governor shall provide citizens, affected public agencies and 
jurisdictions, employee representatives of transportation or other 
affected agencies, private providers of transportation, and other 
interested parties, a reasonable opportunity for review and comment on 
the proposed program.

[[Page 98]]

The proposed program shall be published, with reasonable notification of 
its availability, or otherwise made readily available for public review 
and comment. The approved program (see Sec. 450.220(c)) if it differs 
significantly from the proposed program, shall be published, with 
reasonable notification of its availability, or otherwise made readily 
available for public information.
    (e) The time provided for public review and comment for minor 
revisions to the statewide transportation plan or statewide 
transportation improvement program will be determined by the State and 
local officials based on the complexity of the revisions.
    (f) The State shall, as appropriate, provide for public comment on 
existing and proposed procedures for public involvement throughout the 
statewide transportation planning and programming process. As a minimum, 
the State shall publish procedures and allow 45 days for public review 
and written comment before the procedures and any major revisions to 
existing procedures are adopted.
    (g) The public involvement processes will be considered by the FHWA 
and the FTA as they make the planning finding required in 
Sec. 450.220(b) to assure that full and open access is provided to the 
decision making process.