| (a) Development. As required by 23 U.S.C. §135
and 23 C.F.R. Part 450, the department will develop transportation
improvement programs for all areas of the state outside of metropolitan
planning areas, containing a prioritized list of projects approved
for development in the near term. The rural transportation improvement
program (RTIP) will be developed in cooperation with rural planning
organizations (RPO) and projects will be selected in accordance with
federal regulations and the requirements of this subchapter including §16.105
(relating to Unified Transportation Program (UTP)). An approved RTIP
is then included in the statewide transportation improvement program
(STIP) which contains a listing of projects for all areas of the state
that are likely to be implemented in that identified four-year period.
(b) Grouping of projects. Projects that are not considered
by the department and the RPO to be of appropriate scale for individual
identification in a given program year may be grouped by function,
geographic area, or work type (e.g., minor rehabilitation, preventive
maintenance). In nonattainment and maintenance areas, classification
must be consistent with the exempt project classifications contained
in the EPA conformity regulations.
(c) Approval. The commission, or the executive director,
if delegated to the executive director, will approve an RTIP if the
executive director finds that the RTIP has met all federal requirements
and the requirements of this subchapter.
(d) Updating. The frequency and cycle for updating
an RTIP must be compatible with the statewide transportation improvement
program (STIP) development process described in §16.103 of this
subchapter (relating to Statewide Transportation Improvement Program
(STIP)).
(e) Modification. The RTIP may be amended consistent
with the requirements established in §16.101(k) of this subchapter
(relating to Transportation Improvement Program (TIP)).
(f) Relationship to the statewide long-range transportation
plan (SLRTP). A project in the RTIP must be consistent with the SLRTP
developed under federal law and §16.54 of this chapter (relating
to Statewide Long-Range Transportation Plan (SLRTP)).
(g) Relationship to the Clean Air Act (CAA) and State
Implementation Plan (SIP). In nonattainment and maintenance areas,
a project selected for the RTIP must conform to the CAA and the SIP.
(h) Relationship to statewide transportation improvement
program (STIP). After approval, RTIPs will be included in the STIP,
except that a federal determination of conformity must be made for
nonattainment and maintenance areas that are outside of metropolitan
planning areas before projects in that area may be included in the
STIP.
(i) Rural public involvement process.
(1) Initial adoption. Each district will coordinate
with the applicable rural planning organization (RPO), if any, to
develop and implement a public involvement process covering the development
of an RTIP. The district will publish notice concerning the proposed
RTIP as appropriate to maximize public participation. The notice will:
(A) inform the public of the availability of the proposed
RTIP;
(B) inform the public that a public meeting will be
held to receive comments on the initial adoption of the proposed RTIP,
that there will be a public comment period after the date of the meeting,
and the length of the comment period, which must be at least ten days;
(C) request that public comments concerning the proposed
RTIP be submitted in writing to the district; and
(D) be published at least ten days before the date
of the meeting.
(2) Revisions involving mobility projects and individually-listed
federally funded projects. Each district will publish notice concerning
proposed revisions to the RTIP involving mobility projects and individually-listed
federally funded projects as appropriate to maximize public participation.
The notice will reference the proposed revisions to the RTIP instead
of the proposed adoption of the RTIP, but will otherwise conform to
the notice requirements of paragraph (1) of this subsection.
(j) Project selection. The department will develop
and annually reevaluate project selection procedures for state projects
that lie outside of metropolitan planning areas in accordance with §16.103(g)
of this subchapter.
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| Source Note: The provisions of this §16.102 adopted to be effective January 1, 2011, 35 TexReg 8388; amended to be effective November 15, 2012, 37 TexReg 8981; amended to be effective September 1, 2018, 43 TexReg 5240 |
