Conformity Lapses

A conformity "lapse" means that the conformity determination for a transportation plan or transportation improvement program has expired, and thus there is no currently conforming plan or transportation improvement program.

During a conformity lapse, FHWA and FTA can only make approvals or grants for:

• Projects that are exempt from the conformity process (pursuant to '93.126 and '93.127 of the conformity rule) such as safety projects, and
• Transportation control measures (TCMs) that are included in approved SIPs.

Only those project phases which have received approval of the project agreement, and transit projects that have received a full funding grant agreement (FFGA), or equivalent approvals, prior to the conformity lapse may proceed during a conformity lapse.

• Areas Where Conformity Has Lapsed

Associated Guidance

• Interim Guidance for Implementing the Transportation Conformity Provisions in SAFETEA-LU
• Revised FTA Procedures for a Conformity Lapse - April 9, 2003
• Guidance on the Implementation of the March 2, 1999 Court Decision