[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR450.306]

[Page 102-103]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 450--PLANNING ASSISTANCE AND STANDARDS--Table of Contents
 
     Subpart C--Metropolitan Transportation Planning and Programming
 
Sec. 450.306  Metropolitan planning organization: Designations and redesignation.

    (a) Designations of metropolitan planning organizations (MPOs) made 
after December 18, 1991, shall be by agreement among the Governor(s) and 
units of general purpose local governments representing 75 percent of 
the affected metropolitan population (including the central city or 
cities as defined by the Bureau of the Census), or in accordance with 
procedures established by applicable State or local law. To the extent 
possible, only one MPO shall be designated for each UZA or group of 
contiguous UZAs. More than one MPO may be designated within an UZA only 
if the Governor(s) determines that the size and complexity of the UZA 
make designation of more than one MPO appropriate.
    (b) The designation shall clearly identify the policy body that is 
the forum for cooperative decisionmaking that will be taking the 
required approval actions as the MPO.
    (c) To the extent possible, the MPO designated should be established 
under specific State legislation, State enabling legislation, or by 
interstate compact, and shall have authority to carry out metropolitan 
transportation planning.
    (d) Redesignation (designation of a new MPO(s) to replace an 
existing MPO) shall occur by agreement of the Governor and affected 
local units of government representing 75 percent of the population in 
the entire metropolitan area. The central city(ies) must be among the 
units of local government agreeing to the redesignation.
    (e) Nothing in this subpart shall be deemed to prohibit the MPO from 
utilizing the staff resources of other agencies to carry out selected 
elements of the planning process.
    (f) Existing MPO designations remain valid until a new MPO is 
redesignated, unless revoked by the Governor and local units of 
government representing 75 percent of the population in the area served 
by the existing MPO (the central city(ies) must be among those desiring 
to revoke the MPO designation), or as otherwise provided under State or 
local procedures. If the Governor and

[[Page 103]]

local officials decide to redesignate an existing MPO, but do not 
formally revoke the existing MPO designation, the existing MPO remains 
in effect until a new MPO is formally designated.
    (g) Redesignation of an MPO in a multistate metropolitan area 
requires the approval of the Governor of each State and local officials 
representing 75 percent of the population in the entire metropolitan 
planning area. The local officials in the central city(ies) must be 
among those agreeing to the redesignation.
    (h) Redesignation of an MPO covering more than one UZA requires the 
approval of the Governor and local officials representing 75 percent of 
the population in the metropolitan planning area covered by the current 
MPO; the local officials in the central city(ies) in each urbanized area 
must be among those agreeing to the redesignation.
    (i) The voting membership of an MPO policy body designated/
redesignated subsequent to December 18, 1991, and serving a TMA, must 
include representation of local elected officials, officials of agencies 
that administer or operate major modes or systems of transportation, 
e.g., transit operators, sponsors of major local airports, maritime 
ports, rail operators, etc. (including all transportation agencies that 
were included in the MPO on June 1, 1991), and appropriate State 
officials. Where agencies that operate other major modes of 
transportation do not already have a voice on existing MPOs, the MPOs 
(in cooperation with the States) are encouraged to provide such agencies 
a voice in the decisionmaking process, including representation/
membership on the policy body and/or other appropriate committees. 
Further, where appropriate, existing MPOs should increase the 
representation of local elected officials on the policy board and other 
committees as a means for encouraging their greater involvement in MPO 
processes. Adding such representation to an MPO will not, in itself, 
constitute a redesignation action.
    (j) Where the metropolitan planning area boundaries for a previously 
designated MPO need to be expanded, the membership on the MPO policy 
body and other committees, should be reviewed to ensure that the added 
area has appropriate representation.
    (k) Adding membership (e.g., local elected officials and operators 
of major modes or systems of transportation, or representatives of newly 
urbanized areas) to the policy body or expansion of the metropolitan 
planning area does not automatically require redesignation of the MPO. 
To the extent possible, it is encouraged that this be done without a 
formal redesignation. The Governor and MPO shall review the previous MPO 
designation, State and local law, MPO bylaws, etc., to determine if this 
can be accomplished without a formal redesignation. If redesignation is 
considered necessary, the existing MPO will remain in effect until a new 
MPO is formally designated or the existing designation is formally 
revoked in accordance with the procedures of this section.