1、89 Federal Highway Administration, DOT Pt. 450 certify that the State (Commonwealth) is in compliance with all requirements of 23 U.S.C. 505 and its implementing regulations with respect to the re-search, development, and technology transfer program, and contemplate no changes in statutes, regulatio
2、ns, or ad-ministrative procedures which would affect such compliance. (d) The FHWA Division Adminis-trator shall periodically review the State DOTs management process to determine if the State is in compliance with the requirements of this subpart. If the Division Administrator deter-mines that a St
3、ate DOT is not com-plying with the requirements of this subpart, or is not performing in accord-ance with its RD 42 U.S.C. 7410 et seq.; 49 U.S.C. 5303 and 5304; 49 CFR 1.48 and 1.51. SOURCE: 72 FR 7261, Feb. 14, 2007, unless otherwise noted. Subpart ATransportation Plan-ning and Programming Defini-
4、tions 450.100 Purpose. The purpose of this subpart is to pro-vide definitions for terms used in this part. 450.102 Applicability. The definitions in this subpart are applicable to this part, except as other-wise provided. 450.104 Definitions. Unless otherwise specified, the defi-nitions in 23 U.S.C.
5、 101(a) and 49 U.S.C. 5302 are applicable to this part. Administrative modification means a minor revision to a long-range state-wide or metropolitan transportation plan, Transportation Improvement Program (TIP), or Statewide Transpor-tation Improvement Program (STIP) that includes minor changes to
6、project/ project phase costs, minor changes to funding sources of previously-included projects, and minor changes to project/ project phase initiation dates. An ad-ministrative modification is a revision that does not require public review and comment, redemonstration of fiscal constraint, or a conf
7、ormity determina-tion (in nonattainment and mainte-nance areas). Alternatives analysis (AA) means a study required for eligibility of funding under the Federal Transit Administra-tions (FTAs) Capital Investment Grant program (49 U.S.C. 5309), which includes an assessment of a range of al-ternatives
8、designed to address a trans-portation problem in a corridor or sub-area, resulting in sufficient informa-tion to support selection by State and local officials of a locally preferred al-ternative for adoption into a metro-politan transportation plan, and for the Secretary to make decisions to ad-van
9、ce the locally preferred alternative through the project development proc-ess, as set forth in 49 CFR part 611 (Major Capital Investment Projects). Amendment means a revision to a long-range statewide or metropolitan transportation plan, TIP, or STIP that involves a major change to a project include
10、d in a metropolitan transpor-tation plan, TIP, or STIP, including the addition or deletion of a project or a major change in project cost, project/ project phase initiation dates, or a major change in design concept or de-sign scope (e.g., changing project ter-mini or the number of through traffic l
11、anes). Changes to projects that are in-cluded only for illustrative purposes do not require an amendment. An amend-ment is a revision that requires public review and comment, redemonstration of fiscal constraint, or a conformity de-termination (for metropolitan trans-portation plans and TIPs involvi
12、ng non-exempt projects in nonattain-ment and maintenance areas). In the context of a long-range statewide transportation plan, an amendment is a revision approved by the State in ac-cordance with its public involvement process. Attainment area means any geo-graphic area in which levels of a given cr
13、iteria air pollutant (e.g., ozone, car-bon monoxide, PM10, PM2.5, and nitro-gen dioxide) meet the health-based Na-tional Ambient Air Quality Standards (NAAQS) for that pollutant. An area may be an attainment area for one pol-lutant and a nonattainment area for others. A maintenance area (see defi-ni
14、tion below) is not considered an at-tainment area for transportation plan-ning purposes. Available funds means funds derived from an existing source dedicated to or historically used for transportation purposes. For Federal funds, authorized and/or appropriated funds and the ex-trapolation of formul
15、a and discre-tionary funds at historic rates of in-crease are considered available. A similar approach may be used for State and local funds that are dedicated to or historically used for transportation purposes. Committed funds means funds that have been dedicated or obligated for transportation pu
16、rposes. For State funds that are not dedicated to trans-portation purposes, only those funds over which the Governor has control VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00100 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleN
17、o reproduction or networking permitted without license from IHS-,-,-91 Federal Highway Administration, DOT 450.104 may be considered committed. Ap-proval of a TIP by the Governor is con-sidered a commitment of those funds over which the Governor has control. For local or private sources of funds not
18、 dedicated to or historically used for transportation purposes (including donations of property), a commitment in writing (e.g., letter of intent) by the responsible official or body having con-trol of the funds may be considered a commitment. For projects involving 49 U.S.C. 5309 funding, execution
19、 of a Full Funding Grant Agreement (or equiva-lent) or a Project Construction Grant Agreement with the USDOT shall be considered a multi-year commitment of Federal funds. Conformity means a Clean Air Act (42 U.S.C. 7506(c) requirement that en-sures that Federal funding and ap-proval are given to tra
20、nsportation plans, programs and projects that are consistent with the air quality goals established by a State Implementation Plan (SIP). Conformity, to the purpose of the SIP, means that transportation activities will not cause new air qual-ity violations, worsen existing viola-tions, or delay time
21、ly attainment of the NAAQS. The transportation con-formity rule (40 CFR part 93) sets forth policy, criteria, and procedures for demonstrating and assuring con-formity of transportation activities. Conformity lapse means, pursuant to section 176(c) of the Clean Air Act (42 U.S.C. 7506(c), as amended
22、, that the conformity determination for a metro-politan transportation plan or TIP has expired and thus there is no currently conforming metropolitan transpor-tation plan or TIP. Congestion management process means a systematic approach required in transportation management areas (TMAs) that provide
23、s for effective management and operation, based on a cooperatively developed and imple-mented metropolitan-wide strategy, of new and existing transportation facili-ties eligible for funding under title 23 U.S.C., and title 49 U.S.C., through the use of operational management strate-gies. Considerati
24、on means that one or more parties takes into account the opin-ions, action, and relevant information from other parties in making a deci-sion or determining a course of action. Consultation means that one or more parties confer with other identified parties in accordance with an estab-lished process
25、 and, prior to taking ac-tion(s), considers the views of the other parties and periodically informs them about action(s) taken. This definition does not apply to the consultation performed by the States and the MPOs in comparing the long-range statewide transportation plan and the metropoli-tan tran
26、sportation plan, respectively, to State and Tribal conservation plans or maps or inventories of natural or historic resources (see 450.214(i) and 450.322(g)(1) and (g)(2). Cooperation means that the parties involved in carrying out the transpor-tation planning and programming proc-esses work togethe
27、r to achieve a com-mon goal or objective. Coordinated public transit-human serv-ices transportation plan means a locally developed, coordinated transportation plan that identifies the transportation needs of individuals with disabilities, older adults, and people with low in-comes, provides strategi
28、es for meeting those local needs, and prioritizes trans-portation services for funding and im-plementation. Coordination means the cooperative development of plans, programs, and schedules among agencies and entities with legal standing and adjustment of such plans, programs, and schedules to achiev
29、e general consistency, as appro-priate. Design concept means the type of fa-cility identified for a transportation improvement project (e.g., freeway, ex-pressway, arterial highway, grade-sepa-rated highway, toll road, reserved right-of-way rail transit, mixed-traffic rail transit, or busway). Desig
30、n scope means the aspects that will affect the proposed facilitys im-pact on the region, usually as they re-late to vehicle or person carrying ca-pacity and control (e.g., number of lanes or tracks to be constructed or added, length of project, signalization, safety features, access control includ-i
31、ng approximate number and location of interchanges, or preferential treat-ment for high-occupancy vehicles). VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00101 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or ne
32、tworking permitted without license from IHS-,-,-92 23 CFR Ch. I (4111 Edition) 450.104 Designated recipient means an entity designated, in accordance with the planning process under 49 U.S.C. 5303, 5304, and 5306, by the chief executive of-ficer of a State, responsible local offi-cials, and publicly
33、-owned operators of public transportation, to receive and apportion amounts under 49 U.S.C. 5336 that are attributable to transportation management areas (TMAs) identified under 49 U.S.C. 5303, or a State regional authority if the authority is respon-sible under the laws of a State for a capital pro
34、ject and for financing and directly providing public transpor-tation. Environmental mitigation activities means strategies, policies, programs, actions, and activities that, over time, will serve to avoid, minimize, or com-pensate for (by replacing or providing substitute resources) the impacts to o
35、r disruption of elements of the human and natural environment associated with the implementation of a long- range statewide transportation plan or metropolitan transportation plan. The human and natural environment in-cludes, for example, neighborhoods and communities, homes and businesses, cultural
36、 resources, parks and recre-ation areas, wetlands and water sources, forested and other natural areas, agricultural areas, endangered and threatened species, and the ambi-ent air. The environmental mitigation strategies and activities are intended to be regional in scope, and may not necessarily add
37、ress potential project- level impacts. Federal land management agency means units of the Federal Govern-ment currently responsible for the ad-ministration of public lands (e.g., U.S. Forest Service, U.S. Fish and Wildlife Service, Bureau of Land Management, and the National Park Service). Federally
38、funded non-emergency trans-portation services means transportation services provided to the general public, including those with special transport needs, by public transit, private non- profit service providers, and private third-party contractors to public agen-cies. Financial plan means documentat
39、ion required to be included with a metro-politan transportation plan and TIP (and optional for the long-range state-wide transportation plan and STIP) that demonstrates the consistency be-tween reasonably available and pro-jected sources of Federal, State, local, and private revenues and the costs o
40、f implementing proposed transportation system improvements. Financially constrained or Fiscal con-straint means that the metropolitan transportation plan, TIP, and STIP in-cludes sufficient financial information for demonstrating that projects in the metropolitan transportation plan, TIP, and STIP c
41、an be implemented using committed, available, or reasonably available revenue sources, with reason-able assurance that the federally sup-ported transportation system is being adequately operated and maintained. For the TIP and the STIP, financial constraint/fiscal constraint applies to each program
42、year. Additionally, projects in air quality nonattainment and maintenance areas can be included in the first two years of the TIP and STIP only if funds are available or committed. Freight shippers means any business that routinely transports its products from one location to another by pro-viders o
43、f freight transportation serv-ices or by its own vehicle fleet. Full funding grant agreement means an instrument that defines the scope of a project, the Federal financial contribu-tion, and other terms and conditions for funding New Starts projects as re-quired by 49 U.S.C. 5309(d)(1). Governor mea
44、ns the Governor of any of the 50 States or the Commonwealth of Puerto Rico or the Mayor of the Dis-trict of Columbia. Illustrative project means an addi-tional transportation project that may (but is not required to) be included in a financial plan for a metropolitan trans-portation plan, TIP, or ST
45、IP if reason-able additional resources were to be-come available. Indian Tribal government means a duly formed governing body for an In-dian or Alaska Native tribe, band, na-tion, pueblo, village, or community that the Secretary of the Interior ac-knowledges to exist as an Indian Tribe pursuant to t
46、he Federally Recognized Indian Tribe List Act of 1994, Public Law 103454. VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00102 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license
47、from IHS-,-,-93 Federal Highway Administration, DOT 450.104 Intelligent transportation system (ITS) means electronics, photonics, commu-nications, or information processing used singly or in combination to im-prove the efficiency or safety of a sur-face transportation system. Interim metropolitan tr
48、ansportation plan means a transportation plan com-posed of projects eligible to proceed under a conformity lapse and otherwise meeting all other applicable provisions of this part, including approval by the MPO. Interim transportation improvement program (TIP) means a TIP composed of projects eligib
49、le to proceed under a conformity lapse and otherwise meet-ing all other applicable provisions of this part, including approval by the MPO and the Governor. Long-range statewide transportation plan means the official, statewide, multimodal, transportation plan cov-ering a period of no less than 20 years developed through the statewide trans-portation planning process. Maintenance area means any geo-graphic region of the United States that the EPA pr
