Subpart
A--Transportation Planning and Programming Definitions
Changes
to Subpart A- Definitions
Post a comment on the Definitions in Subpart A—Transportation Planning and Programming Definitions
Sec. 450.104 Definitions.
Unless otherwise specified, the definitions in 23 U.S.C. 101(a) and
49 U.S.C. 5302 are applicable to this part.
Administrative modification means a revision to a long-range
statewide or metropolitan transportation plan, TIP, or STIP that is not
significant enough to require public review and comment,
redemonstration of fiscal constraint, or a conformity determination (in
nonattainment and maintenance areas). Examples of administrative
modifications include minor changes in the cost or initiation date of
included projects.
Alternatives analysis (AA) means a study required for eligibility
of funding under the Federal Transit Administration's (FTA's) Capital
Investment Grant program (49 U.S.C. 5309), which includes an assessment
of a range of alternatives designed to address a transportation problem
in a corridor or subarea, resulting in sufficient information to
support selection by State and local officials of a locally preferred
alternative for adoption into a metropolitan transportation plan, and
for the Secretary to make decisions to advance the locally preferred
alternative through the project development process, 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 is significant
enough to require public review and comment, redemonstration of fiscal
constraint, and/or a conformity determination (in nonattainment and
maintenance areas). Examples of amendments include the addition or
deletion of a regionally significant project, or a substantial change
in the cost, design concept, or design scope of an included project.
Attainment area means any geographic area considered to have air
quality that meets or exceeds the U. S. Environmental Protection
Agency's (EPA's) health standards in the Clean Air Act, as amended (42
U.S.C. 7401 et seq.). An area may be an attainment area for one
pollutant and a nonattainment area for others. A ``maintenance area''
(see definition below) is not considered an attainment area for
transportation planning purposes.
Available funds means, for projects or project phases in the first
two years of the metropolitan Transportation Improvement Program (TIP)
and/or Statewide Transportation Improvement Program (STIP) in air
quality nonattainment and maintenance areas, funds derived from an
existing source dedicated to or historically used for transportation
purposes. For Federal funds, authorized and/or appropriated funds and
the extrapolation of formula and discretionary funds at historic rates
of increase 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, for projects or project phases in the first
two years of a TIP and/or STIP in air quality nonattainment and
maintenance areas, funds that have been dedicated or obligated for
transportation purposes. For State funds that are not dedicated to
transportation purposes, only those funds over which the Governor has
control may be considered ``committed.'' Approval of a TIP by the
Governor is considered a commitment of those funds over which the
Governor has control. For local or private sources of funds not
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 control of
the funds may be considered a commitment.
Conformity means the process to assess the compliance of a
transportation plan, program, or project with the State Implementation
Plan (SIP) for air quality. The conformity process is defined in the
Clean Air Act, as amended (42 U.S.C. 7401 et seq.) and governed by the
EPA under its transportation conformity rule (40 CFR part 93).
Conformity lapse means, pursuant to section 176(c) of the Clean Air
Act (42 U.S.C. 7506(c)), as amended, that the conformity determination
for a metropolitan transportation plan or TIP has expired and thus
there is no currently conforming metropolitan transportation plan or
TIP.
Congestion management process means a systematic approach required
in transportation management areas (TMAs) that provides for effective
management and operation, based on a cooperatively developed and
implemented metropolitan-wide strategy, of new and existing
transportation facilities eligible for funding under title 23, U.S.C.,
and title 49, U.S.C., through the use of operational management
strategies.
Consideration means that one or more parties takes into account the
opinions, action, and relevant information from other parties in making
a decision or determining a course of action.
Consultation means that one or more parties confer with other
identified parties in accordance with an established process and, prior
to taking action(s), considers the views of the other parties and
periodically informs them about action(s) taken.
Cooperation means that the parties involved in carrying out the
transportation planning and programming processes work together to
achieve a common goal or objective.
Coordinated public transit-human services transportation plan means
a unified, comprehensive strategy for transit service delivery
developed by public, private, and non-profit providers of
transportation and human services, with participation by the public,
including people with disabilities, older adults, and individuals with
lower incomes, in order to minimize duplication and maximize collective
coverage. The plan is a requirement under the FTA formula programs for
the Elderly and Persons with Disabilities (49 U.S.C. 5310), Job Access
and Reverse Commute (49 U.S.C. 5316), and New Freedom (49 U.S.C. 5317),
but may include other Federal, State, or local programs.
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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 achieve general
consistency, as appropriate.
Design concept means the type of facility identified for a
transportation improvement project (e.g., freeway, expressway, arterial
highway, grade-separated highway, toll road, reserved right-of-way rail
transit, mixed-traffic rail transit, or exclusive busway).
Design scope means the aspects that will affect the proposed
facility's impact on the region, usually as they relate to vehicle or
person carrying capacity and control (e.g., number of lanes or tracks
to be constructed or added, length of project, signalization, safety
features, access control including approximate number and location of
interchanges, or preferential treatment for high-occupancy vehicles).
Environmental mitigation activities means strategies, policies,
programs, actions, and activities that, over time, will serve to avoid,
minimize, rectify, reduce, or compensate for (by replacing or providing
substitute resources) the impacts to or 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 includes, for example,
neighborhoods and communities, homes and businesses, cultural
resources, parks and recreation areas, wetlands and water sources,
forested and other natural areas, agricultural areas, endangered and
threatened species, and the ambient air. The environmental mitigation
strategies and activities are intended to be regional in scope, even
though the mitigation may address potential project-level impacts. The
environmental mitigation strategies and activities must be developed in
consultation with Federal, State, and Tribal wildlife, land management,
and regulatory agencies during the statewide and metropolitan
transportation planning processes and be reflected in all adopted
transportation plans.
Federal land management agency means units of Federal Government
currently responsible for the administration of public lands (e.g.,
Management, and the National Park Service).
Federally funded non-emergency transportation 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
agencies.
Financially constrained or Fiscal Constraint means that each
program year in the TIP and the STIP includes sufficient financial
information for demonstrating that projects can be implemented using
current and/or reasonably available revenues, by source, while the
entire transportation system is being adequately operated and
maintained. 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.''
Financial plans means documentation required to be included with
metropolitan transportation plans, TIPs, and STIPs that demonstrates
the consistency between reasonable available and projected sources of
Federal, State, local, and private revenues and the costs of
implementing proposed transportation system improvements, as well as
operating and maintaining the entire transportation system.
Freight shippers means any business that routinely transports its
products from one location to another by providers of freight
transportation services or by its own vehicle fleet.
Governor means the Governor of any of the 50 States or the
Illustrative project means a transportation project that would be
included in a metropolitan transportation plan, TIP, or STIP for which
financial constraint had been demonstrated if reasonable additional
resources beyond those identified in the financial plan were available.
Indian Tribal government means a duly formed governing body for an
Indian or Alaska Native tribe, band, nation, pueblo, village, or
community that the Secretary of the Interior acknowledges to exist as
an Indian Tribe pursuant to the Federally Recognized Indian Tribe List
Act of 1994, Public Law 103-454.
Intelligent transportation system (ITS) means electronics,
photonics, communications, or information processing used singly or in
combination to improve the efficiency or safety of a surface
transportation system.
Interim metropolitan transportation plan means a transportation
plan composed 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 eligible to proceed under a conformity lapse and
otherwise meeting 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 covering a period of no less
than 20 years developed through the statewide transportation planning
process.
Maintenance area
means any geographic region of the
that the EPA previously designated as a nonattainment area for one or
more pollutants pursuant to the Clean Air Act Amendments of 1990, and
subsequently redesignated as an attainment area subject to the
requirement to develop a maintenance plan under section 175(a) of the
Clean Air Act, as amended.
Management system means a systematic process, designed to assist
decisionmakers in selecting cost effective strategies/actions to
improve the efficiency and safety of, and protect the investment in the
nation's infrastructure. A management system includes identification of
performance measures; data collection and analysis; determination of
needs; evaluation, and selection of appropriate strategies/actions to
address the needs; and evaluation of the effectiveness of the
implemented strategies/actions.
Metropolitan planning area means the geographic area determined by
agreement between the metropolitan planning organization (MPO) for the
area and the Governor, in which the metropolitan transportation
planning process is carried out.
Metropolitan planning organization (MPO) means the policy board of
an organization created and designated to carry out the metropolitan
transportation planning process.
Metropolitan transportation plan means the official multimodal
transportation plan covering a period of no less than 20 years that is
developed, adopted, and updated by the MPO through the metropolitan
transportation planning process.
National ambient air quality standard (NAAQS) means those standards
established pursuant to section 109 of the Clean Air Act.
Nonattainment area means any geographic region of the
that has been designated by the EPA as a nonattainment area under
section 107 of the Clean Air Act for any pollutants for which a NAAQS
exists.
Non-metropolitan area means a geographic area outside designated
metropolitan planning areas.
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Non-metropolitan local officials means elected and appointed
officials of general purpose local government in a non-metropolitan
area with responsibility for transportation.
Obligated projects means strategies and projects funded under title
23, U.S.C., and title 49, U.S.C., Chapter 53 for which the supporting
Federal funds were authorized and committed by the State or designated
recipient in the preceding program year.
Operational and management strategies means actions and strategies
aimed at improving the performance of existing and planned
transportation facilities to relieve vehicular congestion and
maximizing the safety and mobility of people and goods.
Project selection means the procedures followed to advance projects
from the first four years of an approved TIP and/or STIP to
implementation, in accordance with agreed upon procedures.
Provider of freight transportation services means any business that
transports or otherwise facilitates the movement of goods from one
location to another for other businesses or for itself.
Regional ITS architecture means a regional framework for ensuring
institutional agreement and technical integration for the
implementation of ITS projects or groups of projects.
Regionally significant project means a transportation project
(other than projects that may be grouped in the STIP or TIP pursuant to
Sec. 450.216 and Sec. 450.324 or exempt projects as defined in EPA's
transportation conformity regulation (40 CFR part 93) that is on a
facility which serves regional transportation needs (such as access to
and from the area outside the region; major activity centers in the
region, major planned developments such as new retail malls, sports
complexes, or employment centers; or transportation terminals) and
would normally be included in the modeling of the metropolitan area's
transportation network . At a minimum, this includes all capacity
expanding projects on principal arterial highways and all fixed
guideway transit facilities that offer a significant alternative to
regional highway travel.
Regional transit security strategy means an overarching strategy
for the region with mode-specific goals and objectives as they relate
to prevention, detection, response, and recovery as a sustainable
effort to protect regional transit systems' critical infrastructure
from terrorism, with an emphasis on explosives and non-conventional
threats that would cause major loss of life and severe disruption, as
required by the Department of Homeland Security.
Revision means a change to a long-range statewide or metropolitan
transportation plan, TIP, or STIP that occurs between scheduled
periodic updates. A revision may or may not be significant. A
significant revision is defined as an ``amendment,'' while a non-
significant revision is defined as an ``administrative modification.''
State means any
one of the fifty states, the
or
State implementation plan (SIP) means an EPA--approved, State
developed plan mandated by the Clean Air Act for air quality
nonattainment areas that contains procedures to monitor, control,
attain, maintain, and enforce compliance with the NAAQS.
Statewide transportation improvement program (STIP) means a
statewide staged, at least four-year, multi-year program of
transportation projects that is consistent with the long-range
statewide transportation plan, metropolitan transportation plans, and
TIPs, and required for projects to be eligible for funding under 23
U.S.C. and 49 U.S.C. Chapter 53.
Strategic highway safety plan means a plan developed by the State
DOT in accordance with the requirements of 23 U.S.C. 148(a)(6).
Transportation control measure (TCM) means any measure that is
specifically identified and committed to in the applicable SIP that is
either one of the types listed in section 108 of the Clean Air Act or
any other measure for the purpose of reducing emissions or
concentrations of air pollutants from transportation sources by
reducing vehicle use or changing traffic flow or congestion conditions.
Notwithstanding the above, vehicle technology-based, fuel-based, and
maintenance-based measures that control the emissions from vehicles
under fixed traffic conditions are not TCMs.
Transportation improvement program (TIP) means a staged, at least
four-year, multi-year program of projects developed and formally
adopted by an MPO as part of the metropolitan transportation planning
process that is consistent with the metropolitan transportation plan,
and required for projects to be eligible for funding under 23 U.S.C.
and 49 U.S.C. Chapter 53.
Transportation management area (TMA) means an urbanized area with a
population over 200,000, as defined by the Bureau of the Census and
designated by the Secretary of Transportation, or any additional area
where TMA designation is requested by the Governor and the MPO and
designated by the Secretary of Transportation.
Unified planning work program (UPWP) means a statement of work
identifying the planning priorities and activities to be carried out
within a metropolitan planning area. At a minimum, a UPWP includes a
description of the planning work and resulting products, who will
perform the work, time frames for completing the work, the cost of the
work, and the source(s) of funds.
Update means a complete change to a long-range statewide or
metropolitan transportation plan, TIP, or STIP in order to meet the
regular schedule as prescribed by Federal statute. Updates always
require public review and comment, demonstration of fiscal constraint
(except for long-range statewide transportation plans), and a
conformity determination (in nonattainment and maintenance areas).
Urbanized area means a geographic area with a population of 50,000
or more, as designated by the Bureau of the Census.
Users of public transportation means any person, or groups
representing such persons, who use transportation open to the general
public, other than taxis and other privately funded and operated
vehicles.
Visualization techniques means methods employed by States and MPOs
in the development of transportation plans and programs with the
public, elected and appointed officials, and other stakeholders in a
clear and easily accessible format such as maps, pictures, and/or
displays, to promote improved understanding of existing or proposed
transportation plans and programs.
Post a comment on the Definitions in Subpart A—Transportation Planning and Programming Definitions
Existing Sec. 450.104 would be retained, with terms and
definitions, as follows.
We propose a definition for ``administrative modification'' to
describe a type of revision to a long-range statewide or metropolitan
transportation plan, TIP or STIP that is not significant enough to
require public review and comment, redemonstration of fiscal
constraint, or a conformity determination (in nonattainment and
maintenance areas). This term, along with ``amendment'' are the two
types of ``revisions.''
``Alternatives analysis'' would be defined to reflect the FTA's
Capital Investment Grant Program (49 U.S.C. 5309).
We propose a definition for ``amendment'' to describe a type of
revision to a long-range statewide or metropolitan transportation plan,
TIP, or STIP that is significant enough to require public review and
comment, redemonstration of fiscal constraint, or a conformity
determination (in nonattainment and maintenance areas). This term,
along with ``administrative modification'' are the two types of
``revisions.''
``Attainment area'' would be defined as reflected in the
Transportation Conformity Reference Guide.
``Conformity,'' and ``conformity lapse'' would be defined as
reflected in the Clean Air Act, as amended (42 U.S.C. 7401 et seq.).
We propose a definition for ``congestion management process'' to
reflect the SAFETEA-LU language.
We propose a definition for ``consideration'' to reflect a basic
level of attention to other planning issues, as opposed to more
substantial review under ``consultation'' and ``cooperation,'' in
preparing transportation plans and programs.
``Consultation'' would remain largely unchanged, with minor
revisions to reflect that consultation may occur between more than two
parties.
``Cooperation'' would be slightly revised to reflect current
legislation and practice.
``Coordinated public transit-human service transportation plan''
would be defined to reflect 49 U.S.C. 5316(g)(3).
``Coordination'' would be slightly revised to reflect current
legislation and practice.
``Design concept'' and ``design scope'' would be defined as
reflected in the EPA's transportation conformity rule at 40 CFR 93.101.
We propose to include definitions of: ``environmental mitigation
activities,'' ``Federal land management agency,'' ``Federally funded
non-emergency transportation services,'' ``financially constrained'' or
``fiscal constraint,'' ``financial plan,'' and ``freight shippers''.
The definition of ``Governor'' would be retained.
``Illustrative project'' would be added to reflect new legislative
provisions from the TEA-21 and 23 U.S.C. 134(i)(2)(C) and 135(f)(5) and
49 U.S.C. 5303(i)(2)(C) and 5304(f)(5).
``Indian Tribal government'' would be added based on the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a-1).
``Intelligent transportation systems (ITS)'' would be added to
reflect new legislative provisions from the TEA-21 and 23 U.S.C.
134(h)(1)(A) and 23 U.S.C. 135(d)(A) and 49 U.S.C. 5304(d)(A) and 49
U.S.C. 5309(e)(10)(B).
We propose to include definitions of: ``interim metropolitan
transportation plan'' and ``interim transportation improvement
program''.
``Long-range statewide transportation'' would be slightly revised
and renamed from the former ``statewide transportation plan'' to
reflect new statutory language from 23 U.S.C. 135(f) and 49 U.S.C.
5304(f).
``Maintenance area'' would be revised to reflect the EPA definition
used in the conformity regulation at 40 CFR part 93.101.
``Major metropolitan transportation investment'' would be removed
to reflect the legislative provision from Section 1308 of the TEA-21.
``Management system'' would be retained in consideration of their
extensive use by States, although the requirement for maintaining them
was eliminated by legislative changes in the National Highway System
Designation Act of 1995 (Pub. L. 104-59; November 28, 1995).
``Metropolitan planning area'' (MPA) and ``metropolitan planning
organization'' (MPO) would be revised to reflect legislative changes in
23 U.S.C. 134(b) and 49 U.S.C. 5303(b). Importantly, the term ``MPO''
refers to the policy board for the organization that is designated
under 23 U.S.C. 134 and 49 U.S.C. 5303.
``Metropolitan transportation plan'' would remain unchanged, except
for legislative references.
``National Ambient Air Quality Standards'' would be defined, using
legislative language from the Clean Air Act (42 U.S.C. 7401 et seq).
``Nonattainment area'' would remain unchanged, except for
legislative references.
``Non-metropolitan area'' and ``non-metropolitan local official''
would remain unchanged.
A definition is proposed for ``operational and management
strategies'' to reflect the legislative policy directions from the
SAFETEA-LU.
We propose to add definitions for the terms ``obligated projects,''
and ``project selection''.
``Provider of freight transportation services'' would be added as
described for freight-related industries in the Transportation
Warehousing Sector 48-49 of the North American Industrial
Classification System.
We propose to add a definition for ``regional ITS architecture,''
as set forth in the National ITS Architecture Consistency Policy for
Transit Projects (Number C-01-03) and FHWA regulations on ITS
architecture and standards (23 CFR parts 655 and 940).
The definition of ``regionally significant project'' would be
retained, with some clarifying revisions.
We propose a definition for ``Regional Transit Security Strategy''
that is aligned with the concept required by the Department of Homeland
Security.
We propose a definition for ``revision'' that describes a change to
a long-range statewide or metropolitan transportation plan, TIP, or
STIP that occurs between scheduled periodic updates. A revision may or
may not be significant. A significant revision is defined as an
``amendment'' (see above), while a non-significant revision is defined
as an ``administrative modification'' (see above).
``State'' would be unchanged.
The definition of ``State implementation plan'' would be retained,
with some clarifying revisions.
``Statewide transportation improvement program'' would be
unchanged.
``Strategic highway safety plan'' would be defined consistent with
23 U.S.C. 148(b)(6), as amended by the SAFETEA-LU.
``Transportation control measure'' would be defined, as reflected
in U.S. EPA's transportation conformity rule at 40 CFR part 93.101.
``Transportation improvement program'' would be revised slightly.
``Transportation management area'' (TMA) would be slightly changed,
particularly to change the provision in which the TMA designation
formerly applied to the entire metropolitan planning area(s).
``Unified planning work program'' would be defined.
We propose a definition for ``update'' that applies to a complete
change to a long-range statewide or metropolitan transportation plan,
TIP, or STIP that occurs on a regular schedule as prescribed by Federal
statute. Updates always require public review and comment,
demonstration of fiscal constraint (except for long-range statewide
transportation plans), and a conformity determination (in nonattainment
and maintenance areas).
``Urbanized area'' would be defined, consistent with recent
statutory changes in 23 U.S.C. 134(b).
We propose to add definitions for the terms ``users of public
transportation'' and ``visualization techniques.''