§ 51.410 - Criteria and procedures for determining conformity of transportation plans, programs, and projects: General.

(a) In order to be found to conform, each transportation plan, program, and FHWA/FTA project must satisfy the applicable criteria and procedures in §§ 51.412 through 51.446 as listed in table 1 in paragraph (b) of this section, and must comply with all applicable conformity requirements of implementation plans and of court orders for the area which pertain specifically to conformity determination requirements. The criteria for making conformity determinations differ based on the action under review (transportation plans, TIPs, and FHWA/FTA projects), the time period in which the conformity determination is made, and the relevant pollutant.

(b) The following table indicates the criteria and procedures in §§ 51.412 through 51.446 which apply for each action in each time period.

Table 1—Conformity CriteriaActionCriteriaAll PeriodsTransportation Plan§§ 51.412, 51.414, 51.416, 51.418(b).TIP§§ 51.412, 51.414, 51.416, 51.418(c).Project (From a conforming plan and TIP)§§ 51.412, 51.414, 51.416, 51.420, 51.422, 51.424, 51.426.Project (Not from a conforming plan and TIP)§§ 51.412, 51.414, 51.416, 51.418(d), 51.420, 51.424, 51.426. Phase II of the Interim PeriodTransportation Plan§§ 51.436, 51.442.TIP§§ 51.438, 51.444.Project (From a conforming plan and TIP)§ 51.434.Project (Not from a conforming plan and TIP)§ 51.434, 51.440, 51.446.Transitional PeriodTransportation Plan§§ 51.428, 51.436, 51.442.TIP§ 51.430, 51.438, 51.444.Project (From a conforming plan and TIP)§ 51.434.Project (Not from a conforming plan and TIP)§§ 51.432, 51.434, 51.440, 51.446.Control Strategy and Maintenance PeriodsTransportation Plan§ 51.428.TIP§ 51.430.Project (From a conforming plan and TIP)No additional criteria.Project (Not from a conforming plan and TIP)§ 51.432.