[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: 23CFR450.320]

[Page 110-111]
 
                           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. 450.320  Metropolitan transportation planning process: Relation to management systems.

    (a) Within all metropolitan areas, congestion, public 
transportation, and intermodal management systems, to the extent 
appropriate, shall be part of the metropolitan transportation planning 
process required under the provisions of 23 U.S.C. 134 and 49 U.S.C. 
5303-5305.
    (b) In TMAs designated as nonattainment for ozone or carbon 
monoxide, Federal funds may not be programmed for any project that will 
result in a significant increase in carrying capacity for single 
occupant vehicles (a new general purpose highway on a new location or 
adding general purpose lanes, with the exception of safety improvements 
or the elimination of bottlenecks) unless the project results from a 
congestion management system (CMS) meeting the requirements of 23 CFR 
part 500. Such projects shall incorporate all reasonably available 
strategies to manage the SOV facility effectively (or to facilitate its 
management in the future). Other travel demand reduction and operational 
management strategies, as appropriate for the corridor, but not 
appropriate for incorporation into the SOV facility itself, shall be 
committed to by the State and the MPO for implementation in a timely 
manner, but no later than the completion date for the SOV project. 
Projects that had advanced beyond the NEPA stage prior to April 6, 1992, 
and which are actively advancing to implementation, e.g., right-of-way 
acquisition has been approved, shall be deemed programmed and not 
subject to this provision.
    (c) In TMAs, the planning process must include the development of a 
CMS that provides for effective management of new and existing 
transportation facilities through the use of travel demand reduction and 
operational management strategies and meets the requirements of 23 CFR 
part 500.

[[Page 111]]

    (d) The effectiveness of the management systems in enhancing 
transportation investment decisions and improving the overall efficiency 
of the metropolitan area's transportation systems and facilities shall 
be evaluated periodically, preferably as part of the metropolitan 
planning process.

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