NOTICES
DEPARTMENT OF TRANSPORTATION
Approval of Public Involvement/Public Hearing Procedures for the Preliminary Design, Final Design and Construction Phases of the Transportation Project Development Process for Federal-Aid Highway Projects
[51 Pa.B. 3417]
[Saturday, June 19, 2021]On May 17, 2021, the Federal Highway Administration (FHWA), United States Department of Transportation (USDOT), under Titles 23 and 49 of the United States Code as amended and the regulations and procedures thereunder, approved the following Public Involvement/Public Hearing Procedures for the Preliminary Design, Final Design and Construction phases of the Transportation Project Development Process for Federal-Aid Highway Projects. These procedures were developed by the Department of Transportation (PennDOT) consistent with 23 CFR 771.111(h) (relating to early coordination, public involvement, and project development) and the National Environmental Policy Act (NEPA) (42 U.S.C.A §§ 4321—4370m-12). These procedures became effective on May 17, 2021, and supersede the procedures published at 25 Pa.B. 6041 (December 23, 1995). These procedures are included in the Department's Publication 295 entitled the Project Level Public Involvement Handbook as Appendix B.
1.0 Project Scoping
Projects requiring an environmental impact statement (EIS) will use a scoping process to coordinate with appropriate federal and state agencies to identify the significant issues of a project and the alternatives to be studied. As part of project scoping following coordination with agencies, the PennDOT will hold a scoping meeting open to the general public. The meeting could be in-person or held virtually. A notice of the scoping meeting will be made through a press release as well as at least one other means of advertisement such as direct mailing, email blasts, social media, or other media, for example an advertisement in a newspaper of general circulation within the study area of the proposed project. It should also be announced in the notice of intent for the project published in the Federal Register. The public scoping meeting serves as an informational exchange between PennDOT, the FHWA/Federal Transit Administration (FTA), and the public.
On projects of a lesser scope, such as those requiring an environmental assessment (EA) or categorical exclusion evaluation (CEE), scoping with FHWA/FTA and appropriate federal and state agencies will be initiated, if appropriate, to discuss a proposal and to gain assistance in determining the areas of concern.
2.0 Definition of Project Purpose and Need and Range of Alternatives
An opportunity for public involvement in defining the purpose and need and the range of alternatives is required for a project requiring an EIS. PennDOT may hold two separate public meetings at appropriate times in the project timeline, or this may be accomplished by utilizing other public involvement techniques noted in section 5.0.
3.0 Section 4(f) and Section 2002/PA Act 120 De Minimis Findings
For a de minimis finding under Section 4(f) of the USDOT Act of 1966, public notice and an opportunity for public review and comment is required concerning the effects on the protected activities, features, or attributes of the property. This is also necessary to satisfy Section 2002/PA Act 120. This requirement can be met in conjunction with other public involvement activities conducted for a project, such as a public meeting as long as the advertisement for the meeting and meeting materials specifically call out Section 4(f) and ask for comment on the de minimis finding. A public meeting should not be held just for purposes of a de minimis finding; this requirement can also be met using other public involvement techniques, as noted in section 5.0.
4.0 Public Meetings
Public meetings will be held, when appropriate, at various stages during project development as a means to inform the public, to obtain information on the public's interests, concerns, priorities and perceptions, and to clarify issues and concerns in order to reduce misunderstandings and conflict which might arise. General purpose public meetings will be held for the general public and, when needed, special purpose meetings may be targeted to specific stakeholder groups. Public meetings may involve presentations or may provide information in more of an open house format; they will also include opportunities for informal interaction and exchange of information with local residents. In-person public meetings will be held at convenient times, at reasonably accessible sites. Public meetings may also be held virtually through an online format.
4.1 Meeting Notices
Reasonable notice will be given to announce general purpose and special purpose public meetings.
The notice of a general purpose public meeting will be made through a press release as well as at least one other means of advertisement such as direct mailing, email blasts, social media, or other media, for example an advertisement in a newspaper of general circulation within the study area of the proposed project. This notice will include a request that persons with disabilities requiring assistance, translation, interpretation, or other special concerns contact PennDOT so that appropriate arrangements can be made.
The notice of a special purpose public meeting will be made through an announcement tailored to the particular type of meeting to be held. The announcement may be made through formal or informal means. Other means may additionally be used to reach interested or affected individuals and groups. These means may include direct mailings, email blasts, social media, press releases, and other forms of broadcast and print media.
5.0 Other Public Involvement Techniques
In addition to public meetings and hearings, a number of other techniques may be considered as means for informing and involving the public in project development. These techniques will be selected to fit the scope of the project and its impacts, not only in terms of providing notification and involvement opportunity, but also to avoid exceeding the amount of public involvement needed (i.e., projects without significant effects or public interest).
Techniques which will be considered include but are not limited to: direct mailings, email blasts, pop-up outreach, media relations, social media, website updates, fliers and posters, newspaper advertisements, newsletters, road signs, brochures, citizen advisory committees, surveys/polling, visualization techniques, and project offices.
6.0 Public Hearings
6.1 Determination of Need for Public Hearing
A public hearing will be held for every project requiring an EIS.
For projects other than those that require an EIS, a public hearing will be held or the opportunity for a public hearing afforded (per 23 CFR 771.111(h)), on a Federal-aid project when it will:
• Require the acquisition of significant amounts of right-of-way;
• Substantially change the layout or functions of connecting roadways or of the facility being improved;
• Have a substantial adverse impact on abutting real property;
• Otherwise have a significant social, economic, environmental or other effect; or
• When PennDOT, in consultation with FHWA/FTA, determines that a public hearing is in the public interest.
An opportunity for public hearing, at a minimum, will be provided for a project requiring an EA under NEPA. A project requiring a CEE does not require an opportunity for public hearing, or a public hearing, although it could be provided if deemed appropriate by PennDOT and the lead Federal agency.
6.2 Public Hearing Notice of Opportunity
If PennDOT determines to offer the opportunity for a public hearing for projects requiring an EA or CEE, it will publish a notice of opportunity asking interested citizens to respond. The notice will state that written requests are to be received within the stated timeframe, a minimum of 15 days after the notice is published. If requests are received, individuals may be contacted to resolve the issues of concern. If at least two requests remain outstanding based on environmental grounds, PennDOT will hold a public hearing.
The notice of opportunity for a public hearing will be published as an ad in a local newspaper of general circulation as well as at least one other means of electronic advertisement, direct mailing, or other media. The notice of opportunity will also announce the availability of the NEPA document and where it may be obtained or reviewed.
If there is no interest in holding a public hearing (i.e., less than two outstanding requests based on environmental grounds), PennDOT will certify to the appropriate FHWA/FTA office that a hearing opportunity was offered.
6.3 Document Availability, Notices and Comment Periods
For projects requiring an EIS, the document will be available for public review at the time a notice of availability of the draft EIS is published in the Federal Register. PennDOT will distribute the document to convenient locations within the project area.
The draft EIS comment period will begin on or after the day a notice of the document's availability appears in the Federal Register. The comment period will extend for a minimum of 45 days to a maximum of 60 days, the deadline for which will be specified in the Federal Register notice. The draft EIS will be available for review for a period of at least 15 days prior to the hearing.
A notice, which will be published as an ad in a newspaper of general circulation within the study area of the proposed project as well as at least one other means of electronic advertisement, direct mailing, or other media, will announce the locations where the draft EIS is available for public review, will describe how copies of the document may be obtained and where comments should be sent, and will include the details of the public hearing.
For projects requiring an EA, PennDOT will first determine (pursuant to section 4.1) if a public hearing will be held. If a public hearing is needed, the document will be made available for public review. PennDOT will distribute the document to convenient locations within the project area prior to the beginning of the comment period.
If a public hearing is to be held, the EA comment period will begin on or after the day a notice of the document's availability appears as an ad in a newspaper of general circulation within the study area of the proposed project as well as at least one other means of electronic advertisement, direct mailing, or other media. The comment period will extend for 30 days unless determined that a longer period is warranted. If an individual Section 4(f) evaluation is included with the EA, the comment period for the EA should also be 45 days to align with Section 4(f) requirements. The document will be available for review for a period of at least 15 days prior to the hearing. In addition to announcing the locations where the NEPA document is available for public review, the notice will describe how copies of the document may be obtained and where comments should be sent.
If a public notice opportunity is pursued, EAs will be available for public review for a 30-day comment period beginning with the distribution of the EA and the notice of availability of the document as an ad in a local newspaper of general circulation as well as at least one other means of electronic advertisement, direct mailing, or other media.
For any public hearing held, written testimony will be accepted, and a verbatim transcript of oral testimony will be recorded by a stenographer. PennDOT's official statement, whether presented in oral form or contained in meeting handouts, will be included in the public hearing transcript. Written comments are also accepted into the public record.
If PennDOT determines to a hold a public hearing or to offer an opportunity for a public hearing for a project requiring a CEE, PennDOT will follow the process set forth above for projects requiring an EA.
6.4 Public Hearing Notices
For an EIS, an announcement of a public hearing will be combined with the notice of availability of the draft EIS and will be published as an ad in a newspaper of general circulation within the study area of the proposed project no less than 15 days in advance of the hearing. In addition, an announcement of a public hearing will occur through at least one other means of electronic advertisement, direct mailing, or other media. This notice will include a request that persons with disabilities requiring assistance, translation, interpretation, or other special concerns contact PennDOT so that appropriate arrangements can be made.
For an EA or CEE, an announcement of a public hearing will be combined with the notice of availability of the NEPA document and will be published as an ad in a newspaper of general circulation within the study area of the proposed project no less than 15 days in advance of the hearing. In addition, an announcement of a public hearing will occur through at least one other means of electronic advertisement, direct mailing, or other media. This notice will include a request that persons with disabilities requiring assistance, translation, interpretation, or other special concerns contact PennDOT so that appropriate arrangements can be made.
6.5 Public Hearing Presentation
Public hearings will be held at convenient times, at reasonable accessible sites. Hearings conducted by PennDOT will be in accordance with the Disabilities Act of 1990, as amended. When requested, PennDOT will assist persons with disabilities to enable them to effectively participate in the hearing. Holding a public hearing virtually can be an option if circumstances preclude in-person settings. FHWA needs to agree to pursue a virtual public hearing option.
At the hearing, a summary of the following information will be presented either orally or as a handout: (1) the project's purpose and need, (2) the project's alternatives and major design features; (3) the social, economic, environmental, and cultural impacts of the project; (4) the relocation assistance program and right of way acquisition process; (5) the procedures for receiving both oral and written statements from the public; and (6) when the comment period closes following the hearing. If handouts are used, an announcement of where the handouts are located is required.
6.6 Response to Comments
At the close of the document comment period, FHWA/PennDOT reviews and considers the hearing transcript, as well as written comments received on the CE, EA or draft EIS. Comments can be addressed by:
• Acknowledging the comments and explain why the comments do not warrant further response,
• Making factual corrections or clarifications,
• Supplementing, improving or modifying the analysis,
• Modifying alternatives, including the proposed action, or
• Developing and evaluating alternatives not previously given serious consideration.
The draft EIS/hearing comments and responses are part of the final EIS. The EA/hearing comments and the responses are part of the request to FHWA to issue a Finding of No Significant Impact (FONSI). For a CE, key comments are attached to the CE while the full hearing transcript is maintained in the project file.
6.7 Public Hearings for Supplemental NEPA Documents
A new public hearing may be held or the opportunity afforded if a Supplemental NEPA document is required. If a Supplemental NEPA document is required, PennDOT will consult with the appropriate FHWA/FTA office to determine whether additional public involvement activities are warranted. If an additional public hearing is to be held, the hearing notification requirements for this hearing will be the same as for the original public hearing.
7.0 Combined Final EIS/Record of Decision (ROD) Notice
Once FHWA/FTA approves the final EIS/record of decision (ROD), a Federal Register public availability notice is published. A notice of public availability will also be published as an ad in a newspaper of general circulation within the study area of the proposed project and at least one other means of electronic advertisement, press release, direct mailing, or other media. This notice should announce the locations and web address where the final EIS/ROD is available. PennDOT will distribute the document to the same locations, if appropriate, at which the draft EIS had been available and post the document online.
Additionally, PennDOT will, to the extent required by FHWA/FTA, forward the final EIS/ROD to any persons, organizations, or agencies that made substantive comments on the draft EIS and/or requested a copy of the final EIS.
8.0 Final EIS Availability, Notice and Comment Period When Not Combined With the ROD
Copies of the final EIS will be available for public review at the time a notice of availability of the document is published in the Federal Register. PennDOT will distribute the document to the same locations, if appropriate, at which the draft EIS was available. Additionally, PennDOT will, to the extent required by FHWA/FTA, forward the final EIS to any persons, organizations, or agencies that made substantive comments on the draft EIS and/or requested a copy of the final EIS.
The final EIS public review will begin on or after the day a notice of the document's availability appears in the Federal Register. The document will be available for public review for a period of at least 30 days, the deadline for which will be specified in the Federal Register notice.
In addition to announcing the locations where the final EIS is available for public review, a notice, which will be published as an ad in a newspaper of general circulation within the study area of the proposed project and at least one other means of electronic advertisement, direct mailing, or other media, will describe how copies of the document may be obtained and where comments should be sent.
9.0 NEPA Environmental Decision Notice
For an EIS project, once a ROD not combined with a final EIS is received from FHWA/FTA, notice should be provided to the public as a press release, posting on the project's or PennDOT's website, or other form of website or electronic advertisement. This notice will describe PennDOT's selected course of action, explain that the project will proceed into final design, and announce that the ROD is available upon request of the public. The ROD should be posted on the project's or PennDOT's website.
For EA projects, when FHWA issues a finding of no significant impact (FONSI), PennDOT will provide a notice of availability of the FONSI to affected Federal, state, and local government agencies, and the FONSI will be available to the public upon request. Also, notice should be provided to the public as a press release, a posting on the project's or PennDOT's website, or other form of media or electronic advertisement. This notice should describe PennDOT's selected course of action, explain that the project will proceed into final design, and announce that the FONSI is available to the public upon request. If PennDOT and FHWA determined that the project will result in significant environmental impacts, an EIS will be prepared consistent with this policy.
10.0 Statute of Limitations Notice
When the lead federal agency makes a final decision on a permit, license, or approval relating to a highway or public transportation capital project, the agency may invoke a 150-day statute of limitations by publishing notice of the final decision in the Federal Register. This notice is not a requirement and is up to the discretion of FHWA. If the notice is filed, then anyone who wishes to contest the final decision in court must file their litigation within 150 days or they are barred from doing so.
YASSMIN GRAMIAN,
Secretary
[Pa.B. Doc. No. 21-969. Filed for public inspection June 18, 2021, 9:00 a.m.]
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