| (v) that is administrative and does not require public
review and comment, redemonstration of fiscal constraint, or a conformity
determination.
(2) Conformity requirements. In nonattainment and maintenance
areas for transportation related pollutants, a conformity determination
must be made on any new or amended TIPs (unless the amendment consists
entirely of projects exempt under subsection (c) of this section)
in accordance with CAA requirements and the EPA conformity regulations.
(l) Transportation improvement program (TIP) relationship
to statewide transportation improvement program (STIP). After approval,
the TIP will be included without modification in the STIP except that
in nonattainment and maintenance areas, the FHWA and the FTA must
make a conformity determination before inclusion. The department will
notify the MPO and appropriate federal agencies when a TIP has been
included in the STIP.
(m) TIP public participation. Each MPO will develop
a public participation process covering the development of a TIP in
accordance with federal regulations. The MPOs shall also use the same
procedures in amending the TIP.
(n) Project selection procedures. Under federal regulations,
project selection from an approved transportation improvement program
(TIP) varies depending on whether a project selected for implementation
is located in a transportation management area and what type of federal
funding is involved.
(1) General. Project selection procedures must be developed
for each metropolitan area and for state projects that lie outside
of metropolitan planning areas. The MPOs shall coordinate project
selection criteria relating to statewide transportation goals with
the department for the purpose of achieving consistent, common goals,
particularly with respect to mobility projects using a mix of several
funding sources.
(A) Project agreement. The first year of both the TIP
and the statewide transportation improvement program (STIP) constitute
an agreed to list of projects for project selection purposes. Project
selection may be revised if the apportioned funds, including the highway
obligation ceiling and transit appropriations, are significantly more
or less than the authorized funds. In such cases, and if requested
by the MPO, the department, or the transit operator, a revised agreed
to list of projects for project selection purposes may be developed.
(B) Eligibility. Only projects included in the federally
approved STIP will be eligible for funding with Title 23 U.S. Code
or Federal Transit Act (49 U.S.C. §5307 et seq.) funds.
(2) Project selection in non-transportation management
areas. In an area not designated as a transportation management area,
the commission or the affected public transportation operator as defined
by 23 C.F.R. Part 450, as applicable, in cooperation with the MPO,
will select projects to be implemented using federal funds from the
approved TIP. Federal lands highways program projects shall be selected
in accordance with 23 U.S.C. §204.
(3) Project selection in transportation management
areas (TMAs). In an area designated as a TMA, an MPO, in consultation
with the department and public transportation operators as defined
by 23 C.F.R. Part 450, shall select from the approved TIP and in accordance
with the priorities of the approved TIP, all Title 23 U.S. Code and
Federal Transit Act (49 U.S.C. §5307 et seq.) funded projects,
except projects on the National Highway System and projects funded
under the bridge, interstate maintenance, safety, and federal lands
highways programs. The commission, in cooperation with the MPO, will
select projects on the National Highway System and projects funded
under the bridge, interstate maintenance, and safety programs. Federal
lands highways program projects shall be selected in accordance with
23 U.S.C. §204.
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| Source Note: The provisions of this §16.101 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; amended to be effective February 16, 2022, 47 TexReg 660 |
