Project Approval Actions. Not applicable for Civil Rights Program.
Project Approval Actions. FHWA’s Acknowledgement Letter will establish a date of eligibility for those emergency repairs and protective measures that must be undertaken immediately to restore essential travel, minimize the extent of damage, or protect remaining facilities. These types of repairs are normally classified as Categorical Exclusions under 23 CFR 771.117 (c) (9). Contracts to do this type of emergency repair may be accomplished through abbreviated procedures, but care should be taken to include applicable Federal aid requirements (Refer to FHWA’s ER Manual). FHWA’s Determination of Eligibility letter will inform AHTD if oversight for any projects will be different to what is prescribed in Section 2 of this Agreement. Because of the nature of the work typically involved under the ER program, the dollar thresholds used to establish oversight responsibilities for regular Federal-aid highway projects, may or may not be found applicable. For ER projects included in the Determination of Eligibility letter to be Federal oversight projects, design/concept approval, PS&E approval/advertise for bids, concurrence in award, change order approval, etc., will have to be submitted to FHWA for approval. All ER projects that do not fall into the category of work needed immediately to protect the facility from further damage or keep the route open for the safe flow of traffic (first response type work) will require environmental approval by FHWA in accordance with Section 3.4 of this Agreement.
Project Approval Actions. FHWA will approve eligible bridge projects according to Section II of this Stewardship Plan. • Unusual or complex bridge projects on the Interstate System will require FHWA Headquarters review and approval of the preliminary Type Size and Location (TS&L) report. • Unusual, complex, or large bridges located off of the Interstate or NHS system may be designated for FHWA oversight, if requested by KYTC. • Exceptions to three design features associated with bridges (structural capacity, bridge parapet/curb configuration, and vertical clearance) within the limits of proposed projects require the processing and approval of Design Exceptions.
Project Approval Actions. The FHWA will review and approve all FHWA oversight projects including: final plans, engineers’ estimates, special provisions, special notes, and proposals. Various project approval actions applicable to design are included in the following attached Project Activity Approval Chart. • On FHWA oversight projects, FHWA will review and concur with the definition and negotiation of scope of services for consultants selected on FHWA oversight projects. This shall occur through attendance/review of pre-design conference meetings, scope/contract negotiation meetings, and subsequent project meetings in which a change of scope or contract modification may become necessary to complete the design of a project. • The FHWA shall be copied on final/negotiated Production-Hour and Fee Proposal Worksheets for original contracts and contract modifications for design of FHWA oversight projects. • The FHWA may review the KYTC and consultants’ production- hour submittals to KYTC Program Performance to concur that scope defined for items is adequate to satisfy regulatory requirements and current approved design standards and methodologies.
Project Approval Actions. FHWA’s acknowledgement letter will establish a date of eligibility for those emergency repairs and protective measures that must be undertaken immediately. This type of work is categorically excluded from NEPA by definition. Contracts to do this type of emergency repair may be accomplished with abbreviated procedures; however, this permission will be indicated on the completed Damage Survey Report (DSR) for each site. • FHWA’s determination of eligibility letter will inform the KYTC of the projects which are to be considered full involvement by FHWA and which projects are to be state administered. Because of the nature of the ER program, thresholds and criteria used normally to determine federal oversight may not be applicable for a particular disaster or damaged site. • For ER projects requiring federal oversight, normal Federal- aid procedures and requirements will apply. • All ER projects that do not fall into the category of emergency repairs required to protect the facility from further damage or keep the route open for the safe flow of traffic, require environmental approval per the established programmatic agreements between FHWA and KYTC. • FHWA will provide waivers of Federal-aid requirements on ER Projects when requested by KYTC on a project-by-project basis, if warranted by conditions and/or work characteristics.
Project Approval Actions. As early as practicable during the development of projects requiring a CE Level 3, EA or EIS, FHWA will collaborate on the scope of work. This collaboration will outline the level of NEPA documentation, schedule for completion, logical termini, range of alternatives, purpose, need and anticipated federal approvals as required under 23 USC 139(e). • For all projects that require an action be taken by FHWA, the FHWA and KYTC will work together in the project pre- engineering phase to ensure compliance with NEPA and other applicable laws before an alternative is selected. The level of involvement is commensurate with the level of environmental impacts or project complexity. • FHWA will review and approve CE Level 3 and associated Programmatic Section 4(f) Evaluation, EA, EIS, Section 4(f) Individual Evaluation, net benefit Section 4(f) evaluation, and Section 4(f) de minimis determination which are prepared by KYTC. • FHWA is also an active member of individual project teams and helps guide the project planning. • All documents requiring legal sufficiency review (Final EIS and Final Section 4(f) Evaluation) are sent to the Office of Chief Counsel by the FHWA prior to approving these documents. The goal is to provide legal sufficiency review comments to the KYTC within 30 days after receipt of the document.
Project Approval Actions. All ITS projects (stand alone or ITS incorporated in other work) shall accommodate the interface requirements and information exchanges specified in the regional ITS architecture and there must be a commitment to the operations, management and maintenance of the overall system. KYTC will make a determination of conformity of ITS Projects with the regional ITS architecture. FHWA will concur in the determination of conformity with the regional ITS architecture consistent with the project level oversight described in this Stewardship Plan. • All ITS projects shall be developed based on a systems engineering analysis. KYTC will make a determination of conformity of ITS Projects with the systems engineering analysis requirement. FHWA will concur in the determination of conformity with the systems engineering analysis consistent with the project level oversight described in this Stewardship Plan. • All ITS projects shall use applicable ITS standards and interoperability tests that have been officially adopted, by rulemaking, by US DOT. KYTC will make a determination of conformity of ITS projects with the ITS standards requirement. FHWA will concur in the determination of conformity with the ITS standards requirement consistent with project level oversight described in this Stewardship Plan. • Congressionally Designated Projects are normally non- construction projects and will be advanced/approved on a case- by-case basis. Typically, the projects are designated by earmark in appropriations acts with specific implementation processes issued by FHWA Washington Headquarters for each appropriation cycle.
Project Approval Actions. FHWA approval is not required on a project level for maintenance activities unless special or unusual circumstances exist. The maintenance agreement, which is part of the project agreement, is a project level agreement in which KYTC agrees to maintain the constructed facility.
Project Approval Actions. FHWA will approve changes in project specifications for materials on FHWA oversight projects. • FHWA will approve Supplemental Specifications for specific FHWA oversight projects. • FHWA will approve pavement design for full-oversight projects.
Project Approval Actions. As early as practicable in a project’s development, the LADOTD and FHWA will collaborate on the proper environmental (NEPA) classification for a project. • For all projects that require an action be taken by FHWA, FHWA and LADOTD will work together in the project pre-engineering phase to ensure compliance with NEPA and other applicable laws before an alternative is selected. The level of involvement is commensurate with the level of environmental impacts or project complexity. Projects that meet the approved Programmatic Categorical Exclusion agreement between FHWA and LADOTD are documented in accordance with FHWA and LADOTD agreements. Other Categorical Exclusions, EAs, XXXx, Programmatic Section 4(f) Evaluations and Section 4(f) Evaluations are prepared by LADOTD and submitted to FHWA for review and approval. • FHWA is an active member, as appropriate, of individual project teams and helps guide the project planning. • All documents requiring legal sufficiency review (Final EIS and Final Section 4(f) Evaluations) are sent to the Office of Chief Counsel in Atlanta, GA. by the Division Office prior to approving these documents. The goal of the Office of Chief Counsel is to provide legal sufficiency review comments to the Division Office within 30 days after receipt of the document. Environmental re- evaluations are conducted through informal consultation and formal written documentation, when appropriate. • A copy of the XXXX will also be sent to the Office of Chief Counsel in Atlanta, GA. by the Division Office for comments.
