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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Revised Guidance for Implementing the March 1999 Circuit Court Decision Affecting Transportation Conformity

Notice; issuance of revised guidance.

The Federal Highway Administration (FHWA) and Federal Transit Administration (FTA) have issued revised guidance for implementing a March 1999 Circuit Court decision affecting transportation conformity. In previous guidance issued on June 18, 1999, the FHWA and FTA indicated that projects that had received funding commitments for construction prior to the conformity lapse could proceed during a lapse. However, project development activities such as right-of-way (ROW) acquisition and design that had received funding commitments prior to the conformity lapse could not proceed. After reviewing the implementation and effectiveness of the previous guidance, the FHWA and FTA decided to supplant the previous guidance and allow completion of all project phases during a conformity lapse, if such activities were approved prior to the lapse. The FHWA and FTA believe the revision is necessary for consistency and will help in streamlining the transportation planning and development process.

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