[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR450.220]

[Page 98-99]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 450_PLANNING ASSISTANCE AND STANDARDS--Table of Contents
 
               Subpart B_Statewide Transportation Planning
 
Sec. 450.220  Approvals.

    (a) At least every two years, each State shall submit the entire 
proposed STIP, and amendments as necessary, concurrently to the FHWA and 
the FTA for joint approval. The State shall certify that the 
transportation planning process is being carried out in accordance with 
all applicable requirements of:
    (1) 23 U.S.C. 135, section 8(q) of the Federal Transit Act and this 
part;
    (2) 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;
    (3) Section 1003(b) of the Intermodal Surface Transportation 
Efficiency Act of 1991 (Pub. L. 102-240, 105 Stat. 1914) regarding the 
involvement of disadvantaged business enterprises in the FHWA and the 
FTA funded projects (sec. 105(f), Pub. L. 97-424, 96 Stat. 2100; 49 CFR 
part 23);
    (4) 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);
    (5) The provisions of 49 CFR part 20 regarding restrictions on 
influencing certain Federal activities; and
    (6) In States containing nonattainment and maintenance areas, 
sections 174 and 176 (c) and (d) of the Clean Air Act as amended (42 
U.S.C. 7504, 7506 (c) and (d)).
    (b) The FHWA and the FTA Administrators, in consultation with, where 
applicable, Federal lands agencies, will review the STIP or amendment 
and jointly make a finding as to the extent the projects in the STIP are 
based on a planning process that meets or substantially meets the 
requirements of title 23, U.S.C., the Federal Transit Act and subparts 
A, B and C of this part.
    (c) If, upon review, the FHWA and the FTA Administrators jointly 
determine that the STIP or amendment meet, to an acceptable degree, the 
requirements of 23 U.S.C. 135 and these regulations (including subpart C 
where a metropolitan TIP is involved), they will approve the STIP. 
Approval action will take one of the following forms, as appropriate:
    (1) Joint approval of the STIP;
    (2) Joint approval of the STIP subject to certain corrective actions 
being taken;
    (3) Joint approval of the STIP as the basis for approval of 
identified categories of projects; and/or
    (4) Under special circumstances, joint approval of a partial STIP 
covering only a portion of the State.
    (d) The joint approval period for a new STIP or amended STIP will 
not exceed two years. Where the State demonstrates that extenuating 
circumstances will delay the submittal of a new STIP or amended STIP for 
approval, FHWA and FTA will consider and take appropriate action on 
requests to extend the approval beyond two years for all or part of the 
STIP for a limited period of time. Where the request involves projects 
in a metropolitan planning area(s), the affected

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MPO(s) must concur in the request and if the delay was due to the 
development and approval of the TIP, the affected MPO(s) must provide 
supporting information for the request. If nonattainment and/or 
maintenance areas are involved, a request for an extension cannot be 
granted if the conformity determination on the TIP is no longer valid 
under EPA's conformity regulations (40 CFR part 51).
    (e) If, upon review, the FHWA and the FTA Administrators jointly 
determine that the STIP or amendment does not substantially meet the 
requirements of 23 U.S.C. 135 and this part for any identified 
categories of projects, they will not approve the STIP.
    (f) The FHWA and the FTA will notify the State of actions taken 
under this section.
    (g) Where necessary in order to maintain or establish operations, 
the Federal Transit Administrator and/or the Federal Highway 
Administrator may approve operating assistance for specific projects or 
programs even though the projects or programs may not be included in an 
approved STIP.