17 AAC 05.195. Amendment of the STIP

(a) At any time, the department may amend the STIP because of

(1) a change in the amount of money available for a project;

(2) emergency requirements;

(3) unanticipated delays in completing a project or a phase of a project;

(4) a change in the scope, cost, or development of a project; or

(5) the state's best interests.

(b) The department will make a major amendment of the STIP only after giving public notice with an opportunity to comment as required by (d) of this section. If the STIP amendment delays a project, the department will note the new years of activity for that project. The department will consider one or more of the following to constitute a major amendment of the STIP:

(1) the addition of a new project requiring an environmental assessment or an environmental impact statement under 42 U.S.C. 4332 (National Environmental Policy Act);

(2) a change to an existing project that, under 23 U.S.C. 135(f)(2)(C)(iii), requires an air quality conformity determination;

(3) a change in a project that requires a change in a previously approved environmental assessment or environmental impact statement under 42 U.S.C. 4332 (National Environmental Policy Act);

(4) the deletion of a project.

(c) The department need not give public notice under (d) of this section for an amendment of the STIP other than a major amendment as described in (b)(1) - (4) of this section.

(d) The department will provide notice of a proposed major amendment to the STIP by publication of a notice in a newspaper of general circulation in the geographic area of the project, and by written notice informing interested persons and any MPO affected by the amendment of the STIP. In the notice, the department will describe the amendment and the impact of the amendment upon the STIP, will solicit comments regarding the amendment, and will provide for a comment period on the proposed amendment of the STIP of not less than 30 days after the publication of the notice.

(e) An amendment to the STIP is not in force until it is approved by the United States Department of Transportation under 23 U.S.C. 135(D and 23 C.F.R. 450.220. If the amendment is subject to a review and comment period under (b) of this section, the department will prepare the final STIP amendment after the close of that period and after considering any comments received. The department will submit the final STIP amendment to the United States Department of Transportation for approval under 23 U.S.C. 135(f) and 23 C.F.R. 450.220. Within five days after that approval, the department will give notice of the final STIP amendment's adoption by publication in a newspaper of general circulation, by posting notice on the Alaska Online Public Notice System established under AS 44.62.175 , and by written notice to interested persons.

History: Eff. 3/8/2002, Register 161

Authority: AS 19.05.020

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