Sec. 240-2.10. Public participation procedures

(a) Conformity determinations for MPO transportation plans and MPO TIPs shall follow the specific public involvement process established by the MPO, consistent with the requirements of 23 CFR 450.316(a) (see Table 1, section 200.9 of this Title), which provides opportunity for public review and comment prior to formal action on a conformity determination for all MPO transportation plans and MPO TIPs. Reasonable public access to technical and policy information considered by the affected agencies making the conformity determination must be provided at the beginning of the public review period.

(b) Conformity determinations must specifically address, in writing, all significant public comments claiming that known plans for a regionally significant project, which is not receiving FHWA or FTA funding or approval, have not been properly reflected in the emissions analysis supporting a proposed conformity finding for a MPO transportation plan or MPO TIP.

(c) Conformity determinations in isolated rural nonattainment and maintenance areas and rural portions of nonattainment and maintenance areas outside MPO boundaries shall follow the specific public involvement process established by NYSDOT, consistent with the requirements of 23 CFR 450 (see Table 1, section 200.9 of this Title), which provides opportunity for public review and comment prior to formal action to update the statewide transportation improvement program (STIP) and the statewide transportation plan.

(d) Public involvement in conformity determinations for transportation projects shall also be provided where otherwise required by law.

(e) Copy fees shall be assessed in accordance with the access to records policy, rule or regulation of the involved agency responsible for the creation of the applicable record.