B-142056, AUG. 5, 1960

B-142056: Aug 5, 1960

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KAUFFMAN: THIS IS IN REFERENCE TO YOUR LETTER OF MAY 26. IT APPEARS THAT THE SELECTION OF THE LOCATION OF INTERSTATE ROUTE 81 BY THE PENNSYLVANIA STATE HIGHWAY DEPARTMENT AND THE APPROVAL THEREOF BY THE BUREAU OF PUBLIC ROADS WAS BASED ON A JUDGMENT OF THE RELATIVE ENGINEERING. THIS OFFICE IS CONSTRAINED NOT TO QUESTION THE VALIDITY OF THE ENGINEERING JUDGMENT OF THE STATE HIGHWAY DEPARTMENT AND THE BUREAU OF PUBLIC ROADS.

B-142056, AUG. 5, 1960

TO MR. ROBERT T. KAUFFMAN:

THIS IS IN REFERENCE TO YOUR LETTER OF MAY 26, 1960, IN WHICH YOU INVITED OUR FURTHER ATTENTION TO A CHANGE IN THE PROPOSED LOCATION OF THE INTERSTATE SYSTEM HIGHWAY THROUGH GREENE TOWNSHIP, FRANKLIN COUNTY, PENNSYLVANIA.

SINCE OUR LETTER TO YOU OF FEBRUARY 18, 1960, THE CHANGED LOCATION OF INTERSTATE ROUTE 81 HAS BEEN SUBMITTED TO AND APPROVED BY THE FEDERAL BUREAU OF PUBLIC ROADS. IN CONNECTION THEREWITH, THE BUREAU MADE AN EXTENSIVE SPECIAL EXAMINATION OF THE LOCATION PRECEDING ITS APPROVAL. FROM OUR REVIEW OF CERTAIN PERTINENT DATA RELATIVE TO THE SUBJECT, IT APPEARS THAT THE SELECTION OF THE LOCATION OF INTERSTATE ROUTE 81 BY THE PENNSYLVANIA STATE HIGHWAY DEPARTMENT AND THE APPROVAL THEREOF BY THE BUREAU OF PUBLIC ROADS WAS BASED ON A JUDGMENT OF THE RELATIVE ENGINEERING, FINANCIAL, AND ECONOMIC MERITS OF THE ALTERNATE ROUTES, DERIVED FROM DATA AND PROCESSES GENERALLY APPLICABLE IN THE DETERMINATION OF ROUTE LOCATIONS. THEREFORE, BARRING EVIDENCE OF FRAUDULENT OR OTHER PROCEDURES INCONSISTENT WITH FEDERAL LEGISLATION AND RELATED REGULATIONS, THIS OFFICE IS CONSTRAINED NOT TO QUESTION THE VALIDITY OF THE ENGINEERING JUDGMENT OF THE STATE HIGHWAY DEPARTMENT AND THE BUREAU OF PUBLIC ROADS.