[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: 23CFR450.310]

[Page 104-105]
 
                           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. 450.310  Metropolitan planning organization: Agreements.

    (a) The responsibilities for cooperatively carrying out 
transportation planning (including corridor and subarea studies) and 
programming shall be clearly identified in an agreement or memorandum of 
understanding between the State and the MPO.
    (b) There shall be an agreement between the MPO and operators of 
publicly owned transit services which specifies cooperative procedures 
for carrying out transportation planning (including corridor and subarea 
studies) and programming as required by this subpart.
    (c) In nonattainment or maintenances areas, if the MPO is not 
designated for air quality planning under section 174 of the Clean Air 
Act (42 U.S.C. 7504), there shall be an agreement between the MPO and 
the designated agency describing their respective roles and 
responsibilities for air quality related transportation planning.
    (d) To the extent possible, there shall be one cooperative agreement 
containing the understandings required by paragraphs (a) through (c) of 
this section among the State, MPO, publicly owned operators of mass 
transportation services, and air quality agencies.
    (e) Where the parties involved agree, the requirement for agreements 
specified in paragraphs (a), (b), and (c) of this section may be 
satisfied by including the responsibilities and procedures for carrying 
out a cooperative process in the unified planning work program or a 
prospectus as defined in Sec. 450.314(c).
    (f) If the metropolitan planning area does not include the entire 
nonattainment or maintenance area, there shall be an agreement among the 
State department of transportation, State air quality agency, affected 
local agencies, and the MPO describing the process for cooperative 
planning and analysis of all projects outside the metropolitan planning 
area but within the nonattainment or maintenance area. The agreement 
also must indicate how the total transportation related emissions for 
the nonattainment or maintenance area, including areas both within and 
outside the metropolitan planning area, will be treated for the purposes 
of determining conformity in accordance with the U.S. EPA conformity 
regulation (40 CFR part 51). The agreement shall address policy 
mechanisms for resolving conflicts concerning transportation related 
emissions that may arise between the metropolitan planning area and the 
portion of the nonattainment or maintenance area outside the 
metropolitan planning area. Proposals to exclude a portion of the 
nonattainment or maintenance area from the planning area boundary shall 
be coordinated with the FHWA, the FTA, the EPA, and the State air 
quality agency before a final decision is made.

[[Page 105]]

    (g) Where more than one MPO has authority within a metropolitan 
planning area or a nonattainment or maintenance area, there shall be an 
agreement between the State department(s) of transportation and the MPOs 
describing how the processes will be coordinated to assure the 
development of an overall transportation plan for the metropolitan 
planning area. In metropolitan planning areas that are nonattainment or 
maintenance areas, the agreement shall include State and local air 
quality agencies. The agreement shall address policy mechanisms for 
resolving potential conflicts that may arise between the MPOs, e.g., 
issues related to the exclusion of a portion of the nonattainment area 
from the planning area boundary.
    (h) For all requirements specified in paragraphs (a) through (g) of 
this section, existing agreements shall be reviewed for compliance and 
reaffirmed or modified as necessary to ensure participation by all 
appropriate modes.