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Conformity
Memorandu
U.
S.
Department
of
Transportation
Federal
Highway
Administration
Federal
Transit
Administration
SENT
BY
ELECTRONIC
MAIL
Subject:
INFORMATION:
Clarification
of
Plan
Requirements
in
Nonattainment
and
Maintenance
Areas
Date:
May
25,
2001
From:
(
Original
signed
by)
Cynthia
J.
Burbank
Program
Manager,
Planning
and
Environment,
FHWA
(
Original
signed
by
James
M.
Ryan
for)
Charlotte
M.
Adams
Associate
Administrator
for
Planning,
FTA
Reply
to
Attn.
of:
HEPN­
10
To:
FHWA
Division
Administrators
Federal
Lands
Highway
Division
Engineers
FTA
Regional
Administrators
We
have
recently
been
advised
of
a
continuing
concern
regarding
the
3­
year
transportation
plan
update
cycle
and
the
3­
year
conformity
determination
cycle
in
nonattainment
and
maintenance
areas.
This
policy
memorandum
provides
additional
clarification
in
the
implementation
of
the
3­
year
transportation
plan
update
requirements
in
these
areas.

There
has
been
some
confusion
in
the
field
on
the
plan
update
requirement,
since
the
current
planning
regulations
do
not
clearly
define
the
starting
point
of
the
3­
year
update
cycle
for
transportation
plans.
As
a
result,
the
update
cycle
for
transportation
plans
and
the
associated
conformity
determination
cycle
are
not
implemented
consistently
throughout
the
country.
We
proposed
a
clarification
of
this
issue
in
the
Notice
of
Proposed
Rulemaking
for
the
Metropolitan
Planning
Regulation,
but
as
you
know
it
has
not
been
finalized.

In
order
to
resolve
this
matter
and
to
provide
additional
clarification
to
the
field
in
the
implementation
of
the
update
requirements,
FHWA
and
FTA,
in
coordination
with
EPA,
are
issuing
this
policy
memo
to
clarify
that
in
nonattainment
and
maintenance
areas,
both
the
metropolitan
transportation
plan
update
cycle
and
conformity
determination
cycle
start
at
the
time
FHWA
and
FTA
make
the
conformity
determination
on
the
plan.
This
determination
finalizes
the
adoption
of
a
transportation
plan
and
validates
its
use
for
the
programming
and
funding
of
transportation
projects
eligible
for
Federal
participation.
At
that
time,
the
plan
becomes
effective.
In
attainment
areas,
the
effective
date
of
the
plan
shall
be
its
date
of
adoption
by
the
MPO.

1
of
2
5/
14/
2003
9:
21
AM
3­
year
transportation
plan
update
cycle
...
ortation
Conformity
­
Environment
­
FHWA
http://
www.
fhwa.
dot.
gov/
environment/
conformity/
planup_
m.
htm
If
you
have
any
questions
concerning
this
guidance,
please
contact
Mr.
Sheldon
Edner,
FHWA
Office
of
Metropolitan
Planning
and
Programs
(
202­
366­
4066),
Ms.
Cecilia
Ho,
FHWA
Office
of
Natural
Environment
(
202­
366­
9862),
or
Mr.
Abbe
Marner,
FTA
Office
of
Planning
(
202­
366­
4317).

cc:
Directors
of
Field
Services
FHWA
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United
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Department
of
Transportation
­
Federal
Highway
Administration
2
of
2
5/
14/
2003
9:
21
AM
3­
year
transportation
plan
update
cycle
...
ortation
Conformity
­
Environment
­
FHWA
http://
www.
fhwa.
dot.
gov/
environment/
conformity/
planup_
m.
htm
