[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: 23CFR450.312]

[Page 105-106]
 
                           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. 450.312  Metropolitan transportation planning: Responsibilities, cooperation, and coordination.

    (a) The MPO in cooperation with the State and with operators of 
publicly owned transit services shall be responsible for carrying out 
the metropolitan transportation planning process. The MPO, the State and 
transit operator(s) shall cooperatively determine their mutual 
responsibilities in the conduct of the planning process, including 
corridor refinement studies, described in Secs. 450.316 through 450.318. 
They shall cooperatively develop the unified planning work program, 
transportation plan, and transportation improvement program specified in 
Secs. 450.314 through 450.318. In addition, the development of the plan 
and TIP shall be coordinated with other providers of transportation, 
e.g., sponsors of regional airports, maritime port operators, rail 
freight operators, etc.
    (b) The MPO shall approve the metropolitan transportation plan and 
its periodic updates. The MPO and the Governor shall approve the 
metropolitan transportation improvement program and any amendments.
    (c) In nonattainment or maintenance areas, the MPO shall coordinate 
the development of the transportation plan with the SIP development 
process including the development of the transportation control 
measures. The MPO shall develop or assist in developing the 
transportation control measures.
    (d) In nonattainment or maintenance areas for transportation related 
pollutants, the MPO shall not approve any transportation plan or program 
which does not conform with the SIP, as determined in accordance with 
the U.S. EPA conformity regulation (40 CFR Part 51).
    (e) If more than one MPO has authority in a metropolitan planning 
area (including multi-State metropolitan planning areas) or in an area 
which is designated as nonattainment or maintenance for transportation 
related pollutants, the MPOs and the Governor(s) shall cooperatively 
establish the boundaries of the metropolitan planning area (including 
the twenty year planning horizon and relationship to the nonattainment 
or maintenance areas) and the respective jurisdictional responsibilities 
of each MPO. The MPOs shall consult with each other and the State(s) to 
assure the preparation of integrated plans and transportation 
improvement programs for the entire metropolitan planning area. An 
individual MPO plan and program may be developed separately. However, 
each plan and program must be consistent with the plans and programs of 
other MPOs in the metropolitan planning area. For the overall 
metropolitan planning area, the individual MPO planning process shall 
reflect coordinated data collection, analysis and development. In those 
areas where this provision is applicable, coordination efforts shall be 
initiated and the process and outcomes documented in subsequent 
transmittals of the UPWP and various planning products (the plan, TIP, 
etc.) to the State, the FHWA, and the FTA.
    (f) The Secretary must designate as transportation management areas 
all UZAs over 200,000 population as determined by the most recent 
decennial census. The Secretary designated TMAs by publishing a notice 
in the Federal Register. Copies of this notice may be obtained from the 
FHWA

[[Page 106]]

Metropolitan Planning Division or Office of Planning FTA. The TMAs so 
designated and those designated subsequently by the FHWA and the FTA 
(including those designated upon request of the MPO and the Governor) 
must comply with the special requirements applicable to such areas 
regarding congestion management systems, project selection, and 
certification. The TMA designation applies to the entire metropolitan 
planning area boundary. If a metropolitan planning area encompasses a 
TMA and other UZA(s), the designation applies to the entire metropolitan 
planning area regardless of the population of constituent UZAs.
    (g) As required by 23 CFR part 500, the required management systems 
shall be developed cooperatively by the State, the MPOs and transit 
operators for each metropolitan planning area. In TMAs, the congestion 
management system will be developed as part of the metropolitan 
transportation planning process.
    (h) The State shall cooperatively participate in the development of 
metropolitan transportation plans. The relationship of the statewide 
transportation plan and the metropolitan plan is specified in subpart B 
of this part.
    (i) Where a metropolitan planning area includes Federal public lands 
and/or Indian tribal lands, the affected Federal agencies and Indian 
tribal governments shall be involved appropriately in the development of 
transportation plans and programs.