[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR450.334]

[Page 115-116]
 
                           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. 450.334  Metropolitan transportation planning process: Certification.

    (a) The State and the MPO shall annually certify to the FHWA and the 
FTA that the planning process is addressing the major issues facing the 
area and is being conducted in accordance with all applicable 
requirements of:
    (1) Section 134 of title 23, U.S.C., section 8 of the Federal 
Transit Act (49 U.S.C. app. 1607) and this part;
    (2) Sections 174 and 176 (c) and (d) of the Clean Air Act (42 U.S.C. 
7504, 7506 (c) and (d));
    (3) Title VI of the Civil Rights Act of 1964 and the Title VI 
assurance executed by each State under 23 U.S.C. 324 and 29 U.S.C. 794;
    (4) Section 1003(b) of the Intermodal Surface Transportation 
Efficiency Act of 1991 (Pub. L. 102-240) regarding the involvement of 
disadvantaged business enterprises in the FHWA and the FTA funded 
planning projects (sec. 105(f), Pub. L. 97-424, 96 Stat. 2100; 49 CFR 
part 23); and
    (5) The provisions of the Americans with Disabilities Act of 1990 
(Pub. L. 101-336, 104 Stat. 327, as amended) and U.S. DOT regulations 
``Transportation for Individuals with Disabilities'' (49 CFR parts 27, 
37, and 38).
    (b) The FHWA and the FTA jointly will review and evaluate the 
transportation planning process for each TMA (as appropriate but no less 
than once every three years) to determine if the process meets the 
requirements of this subpart.
    (c) In TMAs that are nonattainment or maintenance areas for 
transportation related pollutants, the FHWA and the FTA will also review 
and evaluate the transportation planning process to assure that the MPO 
has an adequate process to ensure conformity of plans and programs in 
accordance with procedures contained in 40 CFR part 51.
    (d) Upon the review and evaluation conducted under paragraphs (b) 
and (c) of this section, if the FHWA and the FTA jointly determine that 
the transportation planning process in a TMA meets or substantially 
meets the requirements of this part, they will take one of the following 
actions, as appropriate:

[[Page 116]]

    (1) Jointly certify the transportation planning process;
    (2) Jointly certify the transportation planning process subject to 
certain specified corrective actions being taken; or
    (3) Jointly certify the planning process as the basis for approval 
of only those categories of programs or projects that the Administrators 
may jointly determine and subject to certain specified corrective 
actions being taken.
    (e) A certification action under this section will remain in effect 
for three years unless a new certification determination is made sooner.
    (f) If, upon the review and evaluation conducted under paragraph (b) 
or (c) of this section, the FHWA and the FTA jointly determine that the 
transportation planning process in a TMA does not substantially meet the 
requirements, they may take the following action as appropriate, if 
after September 30, 1993, the transportation planning process is not 
certified:
    (1) Withhold in whole or in part the apportionment attributed to the 
relevant metropolitan planning area under 23 U.S.C. 133(d)(3), capital 
funds apportioned under section 9 of the Federal Transit Act, and 
section 3 funds under the Federal Transit Act (49 U.S.C. 1607(a)); or
    (2) Withhold approval of all or certain categories of projects.
    (g) If a transportation planning process remains uncertified for 
more than two consecutive years after September 30, 1994, 20 percent of 
the apportionment attributed to the metropolitan planning area under 23 
U.S.C. 133(d)(3) and capital funds apportioned under the formula program 
of section 9 of the Federal Transit Act (49 U.S.C. app. 1607a) will be 
withheld.
    (h) The State and the MPO shall be notified of the actions taken 
under paragraphs (f) and (g) of this section. Upon full, joint 
certification by the FHWA and the FTA, all funds withheld will be 
restored to the metropolitan area, unless they have lapsed.