1. (a) In accordance with 40 CFR §93.125(c), prior to making a project-level conformity determination for a transportation project, the FHWA or FTA shall obtain from the project sponsor or operator a written commitment, as defined in 40 CFR §93.101, to implement any project-level mitigation or control measure in the construction or operation of the project identified as a condition for NEPA process completion.
2. (b) Prior to making a conformity determination for a metropolitan transportation plan or TIP, the MPO shall ensure that any project-level mitigation or control measures for which a written commitment has been made are included in the project design concept and scope and are appropriately identified in the regional emissions analysis used in the conformity analysis.
3. (c) Written commitments shall be obtained before such mitigation or control measures are used in a project-level hot-spot conformity analysis for a project-level determination.

Source. (See Revision Note at chapter heading for Env-A 1500) #9999, eff 10-1-11; ss by #12975, eff 1-18-20