FHWA contact

[Caroline Cooley]

I contacted Christopher Douwes at the DC planning/policy office of FHWA re: the TDOT I640 project. He told me that he has no authority re: this project and directed me to the FHWA TN office, Theresa Claxton, planning and program management leader. I called her office and she is out of office this week. I went ahead and sent her an email explaining the issue and asked for a response from FHWA re: violation of TDOT and FHWA bicycle and pedestrian policy.

Hopefully, we will hear back from her next week.

I found the FHWA bike/ped policy as well and copied/pasted the key statutes below.

We need to continue our plan for a petition- get some draft text going.

Caroline 

FHWA bike and walk policies: http://www.fhwa.dot.gov/environment/bicycle_pedestrian/overview/policy_accom.cfm

 

APPENDIX

Key Statutes and Regulations Regarding Walking and Bicycling

Planning Requirements

The State and Metropolitan Planning Organization (MPO) planning regulations describe how walking and bicycling are to be accommodated throughout the planning process (e.g., see 23 CFR 450.200, 23 CFR 450.300, 23 U.S.C. 134(h), and 135(d)). Nonmotorists must be allowed to participate in the planning process and transportation agencies are required to integrate walking and bicycling facilities and programs in their transportation plans to ensure the operability of an intermodal transportation system. Key sections from the U.S.C. and CFR include, with italics added for emphasis:

• The scope of the metropolitan planning process "will address the following factors…(2) Increase the safety for motorized and non-motorized users; (3) Increase the security of the transportation system for motorized and non-motorized users; (4) Protect and enhance the environment, promote energy conservation, improve the quality of life…" 23 CFR 450.306(a). See 23 CFR 450.206 for similar State requirements.
• Metropolitan transportation plans "…shall, at a minimum, include…existing and proposed transportation facilities (including major roadways, transit, multimodal and intermodal facilities, pedestrian walkways and bicycle facilities, and intermodal connectors that should function as an integrated metropolitan transportation system…" 23 CFR 450.322(f). See 23 CFR 450.216(g) for similar State requirements.
• The plans and transportation improvement programs (TIPs) of all metropolitan areas "shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways and bicycle transportation facilities)." 23 U.S.C. 134(c)(2) and 49 U.S.C. 5303(c)(2). 23 CFR 450.324(c) states that the TIP "shall include …trails projects, pedestrian walkways; and bicycle facilities…"
• 23 CFR 450.316(a) states that "The MPOs shall develop and use a documented participation plan that defines a process for providing…representatives of users of pedestrian walkways and bicycle transportation facilities, and representatives of the disabled, and other interested parties with reasonable opportunities to be involved in the metropolitan planning process." 23 CFR 450.210(a) contains similar language for States. See also 23 U.S.C. 134(i)(5), 135(f)(3), 49 U.S.C. 5303(i)(5), and 5304(f)(3) for additional information about participation by interested parties.

Prohibition of Route Severance

The Secretary has the authority to withhold approval for projects that would negatively impact pedestrians and bicyclists under certain circumstances. Key references in the CFR and U.S.C. include:

• "The Secretary shall not approve any project or take any regulatory action under this title that will result in the severance of an existing major route or have significant adverse impact on the safety for nonmotorized transportation traffic and light motorcycles, unless such project or regulatory action provides for a reasonable alternate route or such a route exists." 23 U.S.C. 109(m).
• "In any case where a highway bridge deck being replaced or rehabilitated with Federal financial participation is located on a highway on which bicycles are permitted to operate at each end of such bridge, and the Secretary determines that the safe accommodation of bicycles can be provided at reasonable cost as part of such replacement or rehabilitation, then such bridge shall be so replaced or rehabilitated as to provide such safe accommodations." 23 U.S.C. 217(e). Although this statutory requirement only mentions bicycles, DOT encourages States and local governments to apply this same policy to pedestrian facilities as well.
• 23 CFR 652 provides "procedures relating to the provision of pedestrian and bicycle accommodations on Federal-aid projects, and Federal participation in the cost of these accommodations and projects."

Project Documentation

• "In metropolitan planning areas, on an annual basis, no later than 90 calendar days following the end of the program year, the State, public transportation operator(s), and the MPO shall cooperatively develop a listing of projects (including investments in pedestrian walkways and bicycle transportation facilities) for which funds under 23 U.S.C. or 49 U.S.C. Chapter 53 were obligated in the preceding program year." 23 CFR 450.332(a).

Accessibility for All Pedestrians

• Public rights-of-way and facilities are required to be accessible to persons with disabilities through the following statutes: Section 504 of the Rehabilitation Act of 1973 (Section 504) (29 U.S.C. §794) and Title II of the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. §§ 12131-12164).
• The DOT Section 504 regulation requires the Federal Highway Administration (FHWA) to monitor the compliance of the self-evaluation and transition plans of Federal-aid recipients (49 CFR §27.11). The FHWA Division offices review pedestrian access compliance with the ADA and Section 504 as part of their routine oversight activities as defined in their stewardship plans.
• FHWA posted its Clarification of FHWA's Oversight Role in Accessibility to explain how to accommodate accessibility in policy, planning, and projects.