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Home / FHWA Guidance related to virtual public involvement in the NEPA process

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FHWA Guidance related to virtual public involvement in the NEPA process

Q.   Can project sponsors hold virtual public hearings to satisfy public involvement requirements during the National Environmental Policy Act (NEPA) process?

A.  The Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and Federal Railroad Administration (FRA) are aware that scheduled or planned public hearings for projects currently in the NEPA process may be affected by facility closures or other restrictions. The agencies are currently reviewing whether the public hearing requirements under FHWA statute (23 USC 128) and the FHWA/FTA/FRA joint environmental regulations (23 CFR 771.111) can be met with a virtual public hearing and, if so, under what conditions. Please contact your applicable agency to answer any questions you may have.

This FAQ does not have the force and effect of law and is not meant to bind the public in any way. It is intended only to provide clarity to the public regarding existing requirements under the law or agency regulations. This FAQ will remain in effect while the Department of Health and Human Services (HHS) determination that a public health emergency related to COVID-191 is in effect, unless sooner updated by the Federal Highway Administration, the Federal Transit Administration, and the Federal Railroad Administration prior to the end of the HHS determination.

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Page posted on April 20, 2020
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000