[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: 23CFR450.336]

[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. 450.336  Phase-in of new requirements.

    (a) Except for reflecting the consideration given the results of the 
management systems, the planning process and plans in nonattainment 
areas requiring TCMs shall comply, to the extent possible, with the 
requirements of this subpart by October 1, 1994. All other metropolitan 
areas shall comply to the extent possible with the requirements of this 
subpart by December 18, 1994. Where time does not permit a quantitative 
analysis of certain factors, a qualitative analysis of those factors 
will be acceptable. If a forecast period of less than twenty years is 
acceptable for SIP development and air quality conformity purposes, that 
same time period will be acceptable for transportation planning. The 
initial plan update shall be financially feasible, taking into account 
capital costs and the funds reasonably available for capital 
improvements, as well as addressing to the extent possible the costs of 
and revenues available for operating and maintenance of the 
transportation system. Where TCMs are required, the plan update process 
shall be coordinated with the process for developing TCMs. The planning 
process for subsequent updates of the plan and the updated plans shall 
comply with the requirements of this subpart. Plan updates performed in 
all areas must consider the results of the management systems (specified 
in 23 CFR part 500) as they become available. The plan shall reflect 
this consideration.
    (b)(1) During the period prior to the full implementation of the CMS 
in a TMA, the MPO in cooperation with the State, the public transit 
operators, and other operators of major modes of transportation shall 
identify the location of the most serious congestion problems in the 
metropolitan area and proceed with the development of actions to address 
these problems.
    (2) Prior to the full implementation of a CMS, an adequate interim 
CMS in a TMA designated as nonattainment for carbon monoxide and/or 
ozone shall, as a minimum, include a process that results in an 
appropriate analysis of all reasonably available (including multimodal) 
travel demand reduction and operational management strategies for the 
corridor in which a project that will result in a significant increase 
in SOV capacity is proposed. This analysis must demonstrate how

[[Page 116]]

far such strategies can go in eliminating the need for additional SOV 
capacity in the corridor. If the analysis demonstrates that additional 
SOV capacity is warranted, then all reasonable strategies to manage the 
facility effectively (or to facilitate its management in the future) 
shall be incorporated into the proposed facility. Other travel demand 
reduction and operational management strategies appropriate for the 
corridor, but not appropriate for incorporation into the SOV facility 
itself must be committed to by the State and the MPO for implementation 
in a timely manner but no later than completion of construction of the 
SOV facility. If the area does not already have a traffic management and 
carpool/vanpool program, the establishment of such programs must be a 
part of the commitment.
    (3) In TMAs that are nonattainment for carbon monoxide and/or ozone, 
the MPO, a State and/or transit operator may not advance a project 
utilizing Federal funds that provides a significant capacity increase 
for SOVs (adding general purpose lanes, with the exception of safety 
improvements or the elimination of bottlenecks, or a new highway on a 
new location) beyond the NEPA process unless an interim CMS is in place 
that meets the criteria in paragraphs (b)(1) and (b)(2) of this section 
and the project results from this interim CMS.
    (4) Projects that are part of or consistent with a State mandated 
congestion management system/plan are not subject to the requirements in 
paragraphs (b)(1) and (b)(2) of this section.
    (5) Projects advanced beyond the NEPA process as of April 6, 1992 
and which are being implemented, e.g., right-of-way acquisition has been 
approved, will be deemed to be programmed and not subject to this 
requirement.

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