Colorado Department of TRANSPORTATION 
NOTICE OF PROPOSED RULE MAKING
RULES OF THE
COLORADO DEPARTMENT OF TRANSPORTATION
FOR IMPLEMENTATION OF THE USE OF
WASTE TIRES FOR NOISE MITIGATION PURPOSES
ALONG COLORADO STATE HIGHWAYS

Please take notice that the Colorado Department of Transportation will conduct a Rulemaking Hearing pursuant to § 24-4-103, CRS for the purpose of implementing RULES OF THE COLORADO DEPARTMENT OF TRANSPORTATION FOR IMPLEMENTATION OF THE USE OF WASTE TIRES FOR NOISE MITIGATION PURPOSES ALONG COLORADO STATE HIGHWAYS.  This rule making hearing will result in rules for the use and benefit of the Colorado Department of Transportation as authorized under Sections 43-1-106 and 43-2-401, C.R.S. et seq. 

The hearing will be conducted as follows:
DATE:  	Monday April 14, 2008
TIME:  	1:00 P.M.
PLACE:  	Colorado Department of Transportation
	4201 East Arkansas Avenue, Auditorium
	Denver, CO  80222

Pursuant to § 24-4-103 (4), copies of the proposed rules are available at least five days prior to the scheduled hearing at www.dot.state.co.us/Rules/Rules_Proposed.htm on the CDOT web site or by calling (303) 757-9716 to have them faxed.  

The proposed rules will establish the use and regulation for Noise Mitigation barriers  including the eligibility criteria and application requirements for privately and publicly funded measures; the prioritization criteria;  and other administrative provisions deemed necessary for the full implementation of the program.  The rules will incorporate by reference the 1992 CDOT Type II barrier list and the CDOT Noise Analysis Guidelines.

The authority under which the Department will conduct this rulemaking is contained in 
§§ 43-1-106 and 43-2-401, CRS. The rulemaking hearing may be continued to such time and place as deemed necessary and as announced at the scheduled hearing.

Interested persons are encouraged to attend the scheduled hearing and shall have an opportunity to submit written data or views concerning the proposed Rules and to present the same orally unless the Department of Revenue deems that unnecessary. The Department encourages live testimony in lieu of written data.  

Written materials submitted prior to the hearing must be received by 12:00 p.m. April 10, 2008 in the office of Teresa Lawser, CDOT, 4201 East Arkansas Avenue, Rm. 290, Denver, CO 80222 by fax to 303-757-9719 or email to Teresa.Lawser@dot.state.co.us or by US mail.  All such material will become part of the record of these rulemaking proceedings.  All submissions will be considered part of the rulemaking process and reviewed by the designated hearing officer.  Any rules that are adopted shall be based entirely on the rulemaking record and shall become effective on the date determined by the Executive Department of Transportation.