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Ms. Stephanie Pollack November 13, 2018 Secretary and Chief Executive Officer Massachusetts Department of Transportation 10 Park Plaza Boston, MA 02116

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Ms. Stephanie Pollack November 13, 2018 Secretary and Chief Executive Officer Massachusetts Department of Transportation 10 Park Plaza Boston, MA 02116 Federal Highway Administration Federal Transit Administration MA Division Region I 55 Broadway, 10th Floor 55 Broadway, Suite 920 U.S. Department Cambridge, MA 02142-1093 Cambridge, MA 02142-1093 of Transportation 617-494-3675 617-494-2055 617-494-3355 (fax) 617-494-2865 (fax) Ms. Stephanie Pollack November 13, 2018 Secretary and Chief Executive Officer Massachusetts Department of Transportation 10 Park Plaza Boston, MA 02116 Subject: Federal Fiscal Year (FFY) 2019-2023 Statewide Transportation Improvement Program Dear Secretary Pollack: The Federal Highway Administration (FHWA) and the Federal Transit Administration (PTA) have completed a joint review ofthe FFY 2019-2023 Massachusetts Statewide Transportation Improvement Program (STIP). Based on this review, FHWA and PTA find that the FFY 2019- 2023 STIP and the 2019-2023 Transportation Improvement Programs (TIPs) adopted by the Metropolitan Planning Organizations (MPOs) are based on a transportation planning process that substantially meets the requirements of23 U.S.C. 134 and 135, 49 U.S.C. 5303 and 5304, and 23 CPR 450 subparts A, B, and C, pending resolution ofthe followingcorrective action: • WMassDOT, the MPOs, and the providers ofpublic transportation must jointly agree upon and develop written provisions in accordance with 23 CPR 450.314(h). The regulation provides flexibilityfor establishing these written provisions and they may be included as part ofthe metropolitan planning agreements or documented in some other form as cooperatively determined by the MPOs, MassDOT, and operators ofpublic transportation. These written provisions are required to be developed according to a phase-in schedule described in the finalplanning rule which was also provided to MassDOT and MPOs in a January 25, 2018 joint memo fromFHWA and FTA. MassDOT must submit a timeline for completion of this action by December 7, 2018. The written provisions should be completed by April 30, 2019. FHW A and PTA have determined the STIP is fiscally constrained. Additionally, FHWA and PTA issued a joint conformity finding on November 8, 2018, stating that the FFY 2019-2023 TIPs and amended Regional Transportation Plans are in conformitywith the State Implementation Plan, are consistent with the Clean Air Act, and are consistent with the Environmental Protection Agency's conformityregulations as stated in 40 CPR Parts 51 and 93. FHWA and PTA have jointly determined that the FFY 2018-2023 STIP substantially meets requirements and is hereby approved, subject to the Corrective Action to be resolved within the timeframe specified in the Attachment. In support ofour determination, attached is a planning Page 2 finding that contains additional details on the corrective action as well as recommendations and observations to help strengthen the transportation planning and program development process. Approval ofthe STIP does not constitute project or grant approval. Both FHWA and FTA may need additional information on some ofthe projects in the approved STIP when a project agreement or grant submission approval is requested. We look forward to the continued cooperation of you and your staff in efforts to carry out the statewide and metropolitan planning processes in an effective manner. Sincerely, J~~ Pet utler Division Administrator Acting Regional Administrator Federal Highway Administration Federal Transit Administration cc: Jonathan L. Gulliver, Highway Division Administrator, MassDOT David Mohler, OTP Executive Director, MassDOT Massachusetts Regional Planning Agencies Ariel Garcia, Environmental Protection Specialist, EPA Region 1 Christine Kirby, Massachusetts DEP Sharon Weber, Massachusetts DEP FHWA Massachusetts Division/FTA Region 1 Review Documentation in support of the FHWA/FTA PLANNING FINDING and approval of the MASSACHUSETTS DEPARTMENT OF TRANSPORTATION FFY2019-2023 STATEWIDE TRANSPORTATION IMPROVEMENT PROGRAM Introduction In order to approve the Statewide Transportation Improvement Program (STIP), including Transportation Improvement Programs (TIPs) contained by reference or directly in the STIP, the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA) must make a finding that the STIP and TIPs are based on a transportation planning process that meets the requirements of23 U.S.C. 134 and 135, 49 U.S.C. 5303 and 5304, and 23 CFR 450 and that the TIPs are consistent with the metropolitan transportation plan produced by the continuing and comprehensive transportation process carried on cooperatively by the metropolitan planning organizations (MPOs), the State(s), and the public transit operator(s). The statewide and metropolitan planning finding is based on the self-certification statements submitted by MassDOT and the MPOs under 23 CFR 450.220 and 23 CFR 450.336. It is also based upon review ofsupporting documentation, routine FHWA/FT A involvement in the statewide and metropolitan planning processes, public involvement, and fiscal constraint determination. This documentation supports the planning finding for Massachusetts Department of Transportation's (MassDOT's) Federal Fiscal Year (FFY) 2019-2023 STIP and the incorporated TIPs for the following ten MPOs and three regional transportation planning organizations (RTPOs): Berkshire Region MPO, Boston Region MPO, Cape Cod MPO, Central Massachusetts MPO, Franklin Regional Council of Governments, Martha's Vineyard Commission, Merrimack Valley MPO, Montachusett MPO, Nantucket Planning and Economic Development Commission, Northern Middlesex Council of Governments, Old Colony MPO, Pioneer Valley MPO, and Southeast Massachusetts MPO. Corrective Actions, Recommendations and Observations of the Planning Process The below table identifies the corrective actions, recommendations, and observations that have been identified by FHWA and FT A. FINDING TOPIC DESCRIPTION Corrective Action Written Provisions MassDOT, the MPOs, and the providers of for Performance public transportation must jointly agree upon Based Planning and and develop written provisions in accordance Programming with 23 CFR 450.314(h). The regulation (PBPP) provides flexibility for establishing these written FHW A Massachusetts Division & FT A Region 1 - Planning Finding and Approval of the STIP provisions and they may be included as part of the metropolitan planning agreements or documented in some other form as cooperatively determined by the MPOs, MassDOT, and operators of public transportation. These written provisions are required to be developed according to a phase-in schedule described in the finalplanning rule which was also provided to MassDOT and the MPOs in a January 25, 2018 joint memo from FHWA and FTA. MassDOT must submit a timeline for completion of this action by December 7, 2018. The written provisions must be completed by April 30, 2019. Recommendation PBPP MassDOT and the MPOs should continue to incorporate performance-basedplanning and programming in their planning documents. The STIP and TIPs should include a discussion of the anticipated effectof the program toward achieving adopted performance targets, linking investment priorities to performance, in accordance with the new requirements in 23 CFR 450. MassDOT and the MPOs should also include the metrics being used to measure the effects of their investments on the targets. Recommendation Self-Certifications MassDOT and each MPO should make sure all self-certification statements are up-to-date and all citations reflect current laws and regulations. Self-certificationstatements by the State and the MPOs are important components of the STIP and TIP development process and are necessary to support the planning finding and the STIP approval, as noted in 23 CFR 450.220 and 23 CFR 450.336. These statements certify that the statewide and metropolitan planning processes are being carried out in accordance with applicable requirements. The State and the MPOs have completed these self-certifications, and FHWA and FTA have reviewed them to support this planning finding. However, not all citations reflect current laws and regulations. 2 November 13, 2018 FHW A Massachusetts Division & FTA Region 1 -Planning Finding and Approval of the STIP Recommendation Fiscal Constraint MassDOT should set up quarterly meetings among the Office of Transportation Planning, the Federal Aid Programming and Reimbursement Office, and the Highway Division. These meetings will help ensure the Fiscal Constraint Analysis Tables in the STIP remain up-to-date and are consistent with information in FHWA's Financial Management Information System. FHWA should also be invited to these meetings. These meetings will enhance communication internally between MassDOT offices and with FHWA, and will help to eliminate financial risk and federal-aid non- participation. The STIP and TIPs must be fiscally constrained per 23 CPR 450.218 and 23 CPR 450.326. Recommendation Fiscal Constraint MassDOT should work on improving the coordination between the Office of Transportation Planning and the Rail and Transit Division. Regular meetings are encouraged to ensure both offices are involved in the 3C planning process for transit projects and will also improve the mutual understanding of each office's business practices. This will facilitate better documentation offiscal constraint and streamline PTA's ability to review and approve the STIP, STIP amendments, and grant applications. FTA is willing to participate in these meetings upon request. The STIP and TIPs must be fiscally constrained per 23 CPR 450.218 and 23 CPR 450.326. Recommendation STIP
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