SECTION 16.102. Rural Transportation Improvement Program (RTIP)

(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.

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