[Code of Federal Regulations]
[Title 49, Volume 5]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR520.26]

[Page 75]
 
                        TITLE 49--TRANSPORTATION
 
                            OF TRANSPORTATION
 
PART 520--PROCEDURES FOR CONSIDERING ENVIRONMENTAL IMPACTS--Table of Contents
 
                          Subpart B--Procedures
 
Sec. 520.26  Public hearings.

    (a) A public hearing on a proposed or ongoing action covered by a 
DEIS shall be held upon the determination by the official responsible 
for such action, in consultation with the Associate Administrator for 
Planning and Evaluation, that a public hearing would be appropriate and 
in the public interest. In deciding whether a public hearing is 
appropriate, the responsible official should consider:
    (1) The magnitude of the proposal in terms of economic costs, the 
geographic area involved, and the uniqueness or size of the commitment 
of the resources involved;
    (2) The degree of interest in the proposal, as evidenced by requests 
from the public and from Federal, State, and local authorities that a 
hearing be held;
    (3) The likelihood that information will be presented at the hearing 
which will be of assistance to the agency in fulfilling its 
responsibilities under the NEPA;
    (4) The extent to which public involvement already has been achieved 
through other means, such as earlier public hearings, meetings with 
citizen representatives, and/or written comments on the proposed action; 
and
    (5) The extent of potential environmental impact.
    (b) If it is determined that a public hearing is to be held in 
accordance with paragraph (a) of this section, the official responsible 
for the action shall both announce the hearing through newspaper 
articles, direct notification to interested parties, and clearinghouses, 
and cause a notice to be issued in the Federal Register at least 30 days 
prior to the time of such hearing:
    (1) Identifying the subject matter of the hearing;
    (2) Announcing the date, time, and place of the hearing and the 
procedures to be followed; and
    (3) Announcing the availability of the DEIS and any other 
information, as appropriate, for public inspection at one or more 
locations in the area affected by the action.