- (a) Before taking any final action to implement a bypass, the Secretary provides the affected agency, consortium, or entity with written notice.
(b) In the written notice, the Secretary—
- (1) States the reasons for the proposed bypass in sufficient detail to allow the agency, consortium, or entity to respond;
- (2) Cites the requirement that is the basis for the alleged failure to comply; and
(3) Advises the agency, consortium, or entity that it—
- (i) Has a deadline (which must not be fewer than 45 days after receiving the written notice) to submit written objections to the proposed bypass; and
- (ii) May request in writing the opportunity for a hearing to show cause why the Secretary should not implement the bypass.