[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: 23CFR450.318]

[Page 109-110]
 
                           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. 450.318  Metropolitan transportation planning process: Major metropolitan transportation investments.

    (a) Where the need for a major metropolitan transportation 
investment is identified, and Federal funds are potentially involved, 
major investment (corridor or subarea) studies shall be undertaken to 
develop or refine the plan and lead to decisions by the MPO, in 
cooperation with participating agencies, on the design concept and scope 
of the investment. Where the studies have not been completed prior to 
plan approval, the provisions of Sec. 450.322(b)(8) apply.
    (b) When any of the implementing agencies or the MPO wish to 
initiate a major investment study, a meeting will be convened to 
determine the extent of the analyses and agency roles in a cooperative 
process which involves the MPO, the State department of transportation, 
public transit operators, environmental, resource and permit agencies, 
local officials, the FHWA and the FTA and where appropriate community 
development agencies, major governmental housing bodies, and such other 
related agencies as may be impacted by the proposed scope of analysis. A 
reasonable opportunity, consistent with Sec. 450.316(b)(1), shall be 
provided for citizens and interested parties including affected public 
agencies, representatives of transportation agency employees, and 
private providers of transportation to participate in the cooperative 
process. This cooperative process shall establish the range of 
alternatives to be studied, such as alternative modes and technologies 
(including intelligent vehicle and highway systems), general alignment, 
number of lanes, the degree of demand management, and operating 
characteristics.
    (c) To the extent appropriate as determined under paragraph (b) of 
this section, major investment studies shall evaluate the effectiveness 
and cost-effectiveness of alternative investments or strategies in 
attaining local, State and national goals and objectives. The analysis 
shall consider the direct and indirect costs of reasonable alternatives 
and such factors as mobility improvements; social, economic, and 
environmental effects; safety; operating efficiencies; land use and 
economic development; financing; and energy consumption.
    (d) These major investment studies will serve as the ``alternatives 
analyses'' required by section 3(i)(1)(A) of the Federal Transit Act (49 
U.S.C. app. 1602(i)) for certain projects for which discretionary 
section 3 ``New Start'' funding is being sought. The studies will also 
be used as the primary source of information for the other section 
3(i)(1)(A) Secretarial findings on cost-effectiveness, local financial 
commitment and capacity, mobility improvements, environmental benefits, 
economic development, operating efficiency, etc.
    (e) These major investment studies also will, when appropriate, 
serve as the analysis of demand reduction and operational management 
strategies pursuant to 23 CFR 500.109(b).
    (f) A major investment study will include environmental studies 
which will

[[Page 110]]

be used for environmental documents as described in paragraphs (f)(1) 
and (2) of this section:
    (1) As a minimum the participating agencies will use the major 
investment study as input to an environmental impact statement or 
environmental assessment prepared subsequent to the completion of the 
study. In such a case, the major investment study reports shall document 
the consideration given to alternatives and their impacts; or
    (2) The participating agencies may elect to develop a draft 
environmental impact statement or environmental assessment as part of 
the major investment study. At any time after the completion of the 
study and the inclusion of the major transportation investment in the 
plan and the TIP the participating agencies may request the development 
of final environmental decision documents required under NEPA for such 
major transportation investments, culminating in the execution of a 
Record of Decision or Finding of No Significant Impact by the FHWA and/
or the FTA.
    (g) Major investment studies may lead to decisions that modify the 
project design concept and scope assumed in the plan development 
process. In this case, the study shall lead to the specification of a 
project's design concept and scope in sufficient detail to meet the 
requirements of the U.S. EPA conformity regulations (40 CFR part 51).
    (h) Major investment studies are eligible for funds authorized under 
sections 8, 9 and 26 of the Federal Transit Act (49 U.S.C. app. 1607, 
16072, and 1622) and planning and capital funds apportioned under title 
23, U.S.C., and shall be included in the UPWP. If CMAQ, STP, NHS, or 
other capital funds administered by the FHWA are utilized for this 
purpose, the study must also be included in the TIP.
    (i) Where the environmental process has been completed and a Record 
of Decision or Finding of No Significant Impact has been signed, 
Sec. 450.318 does not apply. Where the environmental process has been 
initiated but not completed, the FHWA and the FTA shall be consulted on 
appropriate modifications to meet the requirements of this section.

[58 FR 58064, Oct. 28, 1993, as amended at 61 FR 67175, Dec. 19, 1996]