Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 25 - TRAFFIC OPERATIONS › Subchapter F - HAZARDOUS MATERIAL ROUTING DESIGNATIONS › Section 25.104 - Department Routing Designations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose. The department may propose a NRHM route on any road or highway of the
				  state open to the public for the enhancement of public safety in the
				  transportation of NRHM. The department will comply with this section to ensure
				  new or revised NRHM routing designations proposed by the department are
				  properly established.
(b) Costs.
				  The department is responsible for all costs of route development, including
				  proposal preparation and public hearings. The department is responsible for all
				  costs associated with sign fabrication for a NRHM route. The political
				  subdivision that maintains the road or highway shall bear the costs for
				  installation and maintenance of the signs. The department will be responsible
				  for all costs related to sign fabrication, installation, and maintenance when a
				  route is designated on a facility on the state highway system for which the
				  department is responsible for maintenance.
(c) Initial contact. Before initiating a
				  routing study, the department will request the governing bodies of any
				  political subdivision that maintains a road or highway on which the department
				  may designate a NRHM route to submit a resolution indicating whether the
				  political subdivision supports the initiation of the routing study. The
				  department will also contact the regional office of the Texas Department of
				  Public Safety and any other political subdivisions within a 25 mile radius of
				  any point along the proposed NRHM route, and will consult with those entities
				  during the process for determining the best NRHM route. The department may also
				  coordinate with the local emergency planning council or committee.
(d) Route analysis and proposal. The
				  department will fully consider and address in writing all of the federal
				  standards and factors listed in
				  49 CFR
				  §397.71(b) in the route
				  determination process. When analyzing these standards and factors, the
				  department will use the most current version of the United States Department of
				  Transportation publication entitled Guidelines for Applying Criteria to
				  Designate Routes for Transporting Hazardous Materials or an equivalent routing
				  analysis tool to develop a route proposal. If an equivalent routing analysis
				  tool is used, the department will include in its route proposal a written
				  explanation of how the tool is equivalent to the United States Department of
				  Transportation standards.
(e)
				  Public hearing. The department will hold at least one public hearing on any
				  proposed NRHM routing designation in accordance with the Texas Open Meetings
				  Act, Government Code, Chapter 551. The hearing will be held in the department
				  district in which the road or highway that the department proposes to designate
				  a NRHM route is located. Public notification of the hearing will comply with
				  the following criteria.
(1) The public will be
				  given at least 30 days prior notice of the hearing through publication in the
				  Texas Register and at least one other newspaper of general circulation in the
				  affected area.
(2) The notice will
				  contain a complete description of the proposed route, including the location,
				  route name, highway number if the route is on the state highway system, and
				  beginning and ending points of the route, together with the date, time, and
				  location of the public hearing.
(3)
				  The notice will initiate a 30-day public comment period and will inform the
				  public where to send any written comments.