Strafford Metropolitan Planning Organization
Prospectus
The Transportation Planning Process of the
Strafford Metropolitan Planning Organization
Adopted: September 27, 2007
Revised: May 29, 2008
Revised: January 28, 2010
Revised: December 14, 2011
Revised: May 16, 2014
PREPARED BY:
STRAFFORD REGIONAL PLANNING COMMISSION
150 Wakefield Street, Suite 12
Rochester NH 03876
This document was prepared by the Strafford Regional Planning Commission, under contract to the New
Hampshire Department of Transportation, in cooperation with the Federal Transit Administration and
the Federal Highway Administration of the U.S. Department of Transportation
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TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF FIGURES
LIST OF TABLES
RESOLUTION OF ADOPTION
RECORD OF AMENDMENTS
LIST OF ABBREVIATIONS
SECTION 1 – INTRODUCTION
SECTION 2 – STRAFFORD METROPOLITAN PLANNING ORGANIZATION
2.1
2.2
2.3
METROPOLITAN PLANNING ORGANIZATION DESIGNATION ........................................................2
STUDY AREA ..............................................................................................................................3
REPRESENTATIONS AND STRUCTURE ..........................................................................................4
SECTION 3 – STRAFFORD METROPOLITAN PLANNING ORGANIZATION
COMMITTEES
3.1
3.2
3.3
3.4
II
III
III
IV
V
VI
1
2
6
POLICY COMMITTEE ...................................................................................................................6
TECHNICAL ADVISORY COMMITTEE (TAC) ................................................................................7
STRAFFORD METROPOLITAN PLANNING ORGANIZATION STAFF .................................................7
STRAFFORD EXECUTIVE COMMITTEE..........................................................................................8
SECTION 4 - OVERVIEW OF THE TRANSPORTATION PLANNING PROCESS 9
4.1
4.2
4.3
4.4
4.5
4.6
THE "3CS" PROCESS ...................................................................................................................9
UNIFIED PLANNING WORK PROGRAM (UPWP) ........................................................................10
METROPOLITAN TRANSPORTATION PLAN .................................................................................10
TRANSPORTATION IMPROVEMENT PROGRAM (TIP) ..................................................................10
PLAN AND PROGRAM IMPLEMENTATION ...................................................................................11
TRANSPORTATION PLANNING AND AIR QUALITY CONFORMITY ...............................................11
SECTION 5 - ROLES AND RESPONSIBILITIES OF INVOLVED AGENCIES
13
5.1
STRAFFORD REGIONAL PLANNING COMMISSION ......................................................................13
5.2
LOCAL COMMUNITIES ...............................................................................................................13
5.3
NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION (NH DOT)...........................................13
5.4
NEW HAMPSHIRE DEPARTMENT OF ENVIRONNEMENTAL SERVICES – AIR RESOURCE DIVISION (NH
DES –ARD) .........................................................................................................................................14
5.5
COOPERATIVE ALLIANCE FOR SEACOAST TRANSPORTATION (COAST) ...................................14
5.6
SOUTHERN MAINE REGIONAL PLANNING COMMISSION (SMRPC) AND ROCKINGHAM PLANNING
COMMISSION (RPC) ..............................................................................................................................14
5.7
FEDERAL HIGHWAY ADMINISTRATION (FHWA) AND FEDERAL TRANSIT ADMINISTRATION (FTA)
15
5.8
U.S. ENVIRONMENTAL PROTECTION AGENCY ..........................................................................15
5.9
UNIVERSITY OF NEW HAMPSHIRE .............................................................................................15
SECTION 6 – DEVELOPMENT OF THE TRANSPORTATION PLAN AND
TRANSPORTATION IMPROVEMENT PROGRAM
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6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
BACKGROUND ...........................................................................................................................16
DEVELOPMENT PROCESS - TRANSPORTATION PLAN .................................................................16
DEVELOPMENT PROCESS - TRANSPORTATION IMPROVEMENT PROGRAM (TIP) ........................19
PLAN AND TIP AMENDMENT PROCEDURES...............................................................................25
AIR QUALITY CONFORMITY ......................................................................................................32
FOR LATER USE ........................................................................................................................33
TRANSPORTATION PROJECT DEVELOPMENT AND STUDIES .......................................................33
RELATIONSHIP TO STATE MANAGEMENT SYSTEMS .....................................................................33
SECTION 7 – PUBLIC INVOLVEMENT PROCESS
7.1
7.2
7.3
7.4
7.5
PURPOSE AND OBJECTIVES .......................................................................................................35
PERFORMANCE CRITERIA FOR PUBLIC INVOLVEMENT ..............................................................35
PUBLIC INVOLVEMENT PROCEDURES FOR THE DEVELOPMENT OF THE TRANSPORTATION PLAN37
PUBLIC INVOLVEMENT PROCEDURE FOR THE DEVELOPMENT OF THE TIP ................................40
PUBLIC INVOLVEMENT PROCESS FOR AMENDING PLANS AND TIPS .........................................40
SECTION 8 - AMENDMENTS TO THE PROSPECTUS
8.1
8.2
8.3
8.4
35
42
REVIEW .....................................................................................................................................42
TERMINATION; AMENDMENTS ..................................................................................................42
SEPARATE AGREEMENTS ..........................................................................................................42
CFRS AND RULES .....................................................................................................................42
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
43
44
54
68
LIST OF FIGURES
FIGURE 1: STRAFFORD METROPOLITAN PLANNING ORGANIZATION STUDY AREA ...................................... 5
FIGURE 2: NH NON-ATTAINMENT AREAS IN STRAFFORD MPO REGION ................................................... 12
FIGURE 3: PROCESS DIAGRAM ................................................................................................................... 34
LIST OF TABLES
TABLE 1: TRANSPORTATION IMPROVEMENT PROGRAM DEVELOPMENT PROCESS ..................................... 23
TABLE 2: PROJECT COST CHANGE THRESHOLD ......................................................................................... 28
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RESOLUTION OF ADOPTION
RESOLUTION ADOPTING THE PROSPECTUS FOR THE STRAFFORD METROPOLITAN
PLANNING ORGANIZATION.
WHEREAS, the urban transportation planning process is required to have a PROSPECTUS which
delineates currently valid organizational responsibilities, operating procedures, and a summary of the
planning program; and
WHEREAS, the PROSPECTUS establishes the multi-year framework within which the Unified
Planning Work Program for transportation planning in the Strafford Metropolitan Planning Organization
Study Area is accomplished; and
WHEREAS, the responsibilities for cooperatively carrying out the urban transportation planning
process are clearly defined in the PROSPECTUS and via executed agreements or memorandum of
understanding attached to the PROSPECTUS.
NOW THEREFORE BE IT RESOLVED THAT:
The Strafford Planning Organization adopts the PROSPECTUS dated May 29, 2008
The undersigned duly qualified Chairperson of the Strafford Regional Planning Commission hereby
certifies that the foregoing is a true and correct copy of a resolution, adopted at legally convened
meeting of the Strafford MPO Policy Committee held on the following date:
_________________________________________________
Strafford Metropolitan Planning Organization
Chairman
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Date
Strafford Metropolitan Planning Organization
Prospectus
RECORD OF AMENDMENTS
SECTION(S)
AMENDMENT ADOPTED
DATE
1. ALL
May 29, 2008
2. Sections 3.1, 3.2, 3.3. 3.4.
Sections 6.4.4, 6.4.4.1, 6.4.5.1, 6.4.6.1. 6.4.7, 6.5
Section 7.5.1
January 28, 2010
3. Section 4.6, 5.4, 6, 7.5.3, 8.4, Appendix C
December 14, 2011
4. Section 7.5.1
May 16, 2014
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LIST OF ABBREVIATIONS
ADA…………………………………………………………Americans with Disabilities Act of 1990
CAAA……………………………………………………………...Clean Air Act Amendments of 1990
CFR………………………………………………………………………...Code of Federal Regulations
CMAQ……………………………………………………….Congestion Mitigation/Air Quality Program
COAST………………………………………………...Cooperative Alliance for Seacoast Transportation
FHWA…………………………………………………………………...Federal Highway Administration
FTA……………………………………………………………………...Federal Transit Administration
GACIT……………………………….Governor's Advisory Commission on Intermodal Transportation
ISTEA-21……………………………………..Intermodal Surface Transportation Efficiency Act of 1991
ITS…………………………………………………………………...Intelligent Transportation Systems
MPO………………………………………………………………….Metropolitan Planning Organization
NH DES…………………………………………New Hampshire Department of Environmental Services
NH DES-ARD……..New Hampshire Department of Environmental Services – Air Resources Division
NH DOT…………………………………………………..New Hampshire Department of Transportation
PDA……………………………………….……………………………...Pease Development Authority
RPC…………………………………….……………………………….Regional Planning Commission
RPC……………………………………….…………………………...Rockingham Planning Commissio
SAFETEA-LU…..Safe Accountable Flexible Efficient Transportation Equity Act: A Legacy For Users
SIP……………………………………………………………………………...State Implementation Plan
SMRPC
…………………………………………Southern Maine Regional Planning Commission
SRPC…………………………………………………………...Strafford Regional Planning Commission
SMPO……………………………………………………...Strafford Metropolitan Planning Organization
STIP………………………………………………………….State Transportation Improvement Program
TAC……………………………………………………………………..Technical Advisory Committee
TEA-21……………………………………………………..Transportation Equity Act of the 21st Century
TCM……………………………………………………………………...Traffic Congestion Management
TIP………………………………………………………………….Transportation Improvement Program
UNH………………………………………………………………………...University of New Hampshire
UPWP………………………………………………………………….Unified Planning Work Program
UZA………………………………………………………………………………………..Urbanized Area
3Cs……………………….……Continuing, Comprehensive, and Cooperative Transportation Planning
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SECTION 1 – INTRODUCTION
The Prospectus serves three important functions in the Strafford Metropolitan Planning Organization
(SMPO) regional transportation planning process. First, it provides an overview of the federally
mandated "3C" (comprehensive, continuing, cooperative) transportation planning process as redefined
by the Safe Accountable Flexible Efficient Transportation Equity Act: A Legacy for Users ("SAFETEALU"). Second, it defines the roles and responsibilities of the various federal, state and local agencies
and entities involved in the MPO transportation planning process. Third, it documents the interagency
agreements that have been or will be entered into between the MPO, the New Hampshire Department of
Transportation (NHDOT), the Cooperative Alliance for Seacoast Transportation (COAST), and the Air
Resources Division of New Hampshire Department of Environmental Services (NHDES-ARD) and
Rockingham Planning Commission MPO (RPC-MPO). These agreements further define the specific
responsibilities and obligations of each agency.
The Prospectus is designed to serve as a common reference for all parties interested and involved in the
regional transportation planning process in the Strafford Region of New Hampshire and it spells out how
that process will be implemented by the SMPO.
The remainder of the document is divided into five sections, as follows:

Description of the Strafford MPO;

Overview of the transportation planning process;

Description of roles and responsibilities of the involved agencies;

Detailed explanation of the required elements of transportation planning under SAFETEA-LU
and 23 Code of Federal Regulations (CFR) 450 © (the Federal rules for "Metropolitan
Transportation Planning and Programming"), including the procedures to be used by the MPO in
developing and amending the Metropolitan Transportation Plan and Transportation Improvement
Program (TIP);

Establishment of the public involvement procedures that will be used throughout the planning
and programming process.
In addition, the Appendices to the document contain copies of the Memoranda of Understanding, which
define specific agency obligations in carrying out the planning process.
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SECTION 2 – STRAFFORD METROPOLITAN PLANNING
ORGANIZATION
2.1
Metropolitan Planning Organization Designation
On September 8, 1982 Governor Hugh Gallen designated a three-party Metropolitan Planning
Organization (MPO) by establishing the Strafford Regional Planning Commission, the Rockingham
Planning Commission, and a MPO Policy Committee as the MPO responsible for implementing the 3C's
transportation planning process for the New Hampshire portion of the Portsmouth-Dover-Rochester,
NH-Maine urbanized area. The urbanized area had become eligible for MPO designation after it was
determined from the 1980 Census that the three cities together met the required population minimum of
50,000 people in a central city or (as in this case) contiguous cities.
In the three previously existing metropolitan areas in New Hampshire (Manchester, Nashua and SalemPlaistow), the surrounding regional planning agency (RPA) had been designated as the MPO. The
unique three party designations in the Seacoast resulted from the fact that the Portsmouth-DoverRochester urbanized area had been divided into two RPAs, the Rockingham Planning Commission and
the Strafford Regional Planning Commission (SRPC).
As originally designated, the Seacoast Metropolitan Planning Organization encompassed 10 urbanized
area communities. Dover, Rochester, Somersworth, Durham, Madbury, and Rollinsford lie within the
jurisdiction of SRPC, while Portsmouth, Newington, New Castle, and Rye lie within the jurisdiction of
the RPC. These communities defined the MPO's study area. For this area, the responsibility for
approving MPO transportation plans, programs and policies in the Seacoast was shared by the SRPC,
RPC, and the MPO Policy Committee.
As a result of the passage of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) and
the Clean Air Act Amendments of 1990 (CAAA), two significant changes and one minor one were
made in the MPO structure in 1993. First, the MPO Study Area was expanded to encompass the entire
air quality non-attainment areas within the respective regional planning commission boundaries. This
was done to comply with 23 CFR 450.308 which requires either that MPOs assume planning
responsibility for adjacent rural communities that are not in attainment of federal ambient air quality
standards, or that the State implement a transportation planning process for these additional communities
instead. The entirety of the RPC and SRPC planning districts at that time were classified as "nonattainment" for ozone pollution (with the exception of the Town of Wakefield).
Second, on April 16, 1993, the MPO was redesignated by Governor Merrill to consist only of the
Strafford Regional Planning Commission and the Rockingham Planning Commission acting jointly. To
be consistent with other MPO’s throughout New Hampshire, and to incorporate policy level oversight
for the entire MPO Study Area, the Transportation Policy Committee that functioned as an external
advisory committee to the Rockingham Planning Commission was abolished in 1992 so that SRPC
together with RPC could function directly as the Policy Committee of the Seacoast Metropolitan
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Planning Organization. The TAC remained as previously organized. The Commissions directed the
Commissioners from the 35 communities within the MPO study area together with the relevant state,
federal and local agencies, to function as the MPO Policy Committee by reviewing and approving all
MPO transportation plans, programs and policies.
Also in 1993, the MPO study area changed slightly with the addition of the Town of Wakefield to the
designated planning region for the Strafford Regional Planning Commission. In 2002, the Town of
Brookfield joined SRPC. Previously, Wakefield and Brookfield were part of the Lakes Region Planning
Commission. Wakefield and Brookfield are unique among the MPO communities in that they are
outside the air quality non-attainment area (not in Strafford County).
On July 21, 2007, the Seacoast Metropolitan Planning Organization was redesignated by Governor John
Lynch based on the federal MPO designation rules following the 2000 Census, in which the former
Portsmouth-Dover-Rochester NH_ME urbanized area was split into the Dover-Rochester NH_ME UZA
and the Portsmouth-Kittery NH-ME UZA. The subsequent redesignation was carried out in order to
align the MPO boundaries with those of Strafford Regional Planning Commission and Rockingham
Planning Commission respectively, and thereby to consolidate transportation planning with the other
regional planning functions of the Commissions. The RPC functions as the Rockingham Metropolitan
Planning Organization and the SRPC functions as the Strafford Metropolitan Planning Organization.
The newly designated SMPO inherited core planning and programming documents from the previous
Seacoast MPO, including the Prospectus, Bylaws, Long Range Transportation Plan, Transportation
Improvement Plan, regional travel demand model, air quality conformity analyses, and public
participation plan. Additionally contracts were in place in 2007 for the Intelligent Transportation
Systems (ITS) Plan and Architecture and Coordinated Plan to be completed for the prior Seacoast MPO
region, now Rockingham MPO and SMPO.
2.2
Study Area
As noted above, the Seacoast MPO study area was expanded to encompass the entire air quality nonattainment areas plus the Towns of Wakefield and Brookfield within the respective regional planning
commission boundaries to comply with 23 CFR 450.308. Currently, the SMPO Study Area includes 18
communities, 7 of which are urbanized area communities. Figure 1 shows the SMPO Study Area and
the associated urbanized and non-urbanized area communities. They are as follows:
Urbanized Communities:
Somersworth.
Dover, Durham, Madbury, Newmarket, Rochester, Rollinsford, and
Non-Urbanized Communities: Barrington, Farmington, Lee, Middleton, Milton, New Durham,
Northwood, Nottingham, Brookfield, Strafford and Wakefield.
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2.3
Representations and Structure
The SMPO consists of the SMPO Policy Committee, the Executive Committee, and the Technical
Advisory Committee (TAC). The Policy Committee consists of the regularly appointed Commissioners
to SRPC, an appointed representative from any non-member community, and representative for other
participating agencies. Functional responsibilities of these three bodies and the other agencies and
participants which play a role in the planning process are in the following sections.
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FIGURE 1: STRAFFORD METROPOLITAN PLANNING ORGANIZATION STUDY
AREA
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SECTION 3 – STRAFFORD METROPOLITAN PLANNING
ORGANIZATION COMMITTEES
3.1
Policy Committee
The SMPO Policy Committee is charged with providing policy level recommendations, approvals and
endorsements of the SMPO concerning transportation issues that have a bearing on the SMPO 's
continued, comprehensive, and coordinated transportation planning process. This includes but is not
limited to activities such as:
1. Establishing the policy directives of the SMPO through its adopted plans and policy statements.
2. Making recommendations for procedures and requirements whereby funds will be allocated and
made available.
3. Adopting the Unified Planning Work Program (UPWP), Metropolitan Transportation Plan and
Transportation Improvement Plan, Public Participation Plan, Coordinated Plan, and other federal
requirements.
4. Reviewing and commenting on individual projects, programs, plans, and reports relative to the
adopted transportation policies and positions.
5. Reviewing and endorsing technical reports and studies prepared by the SMPO staff or
consultants.
6. Ensuring compliance with the provisions of the CAAA of 1990 by making conformity
determinations for MPO TIPs and MPO transportation plans, with assistance from NHDOT.
7. Revising and adopting policies relative to the findings of the TAC, including technical reports
and memoranda.
8. Providing a mechanism to facilitate and broaden public involvement in transportation planning
and decision-making processes.
Membership on the Strafford Policy Committee includes duly appointed Strafford Regional Planning
Commissioners (in accordance with RSA 36:46) plus NHDOT, NHDES (Air Resources Division),
COAST, non-member communities, other state and federal transportation officials and other
participants. [See SMPO Bylaws, adopted September 27, 2007, and as may be amended]
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3.2
Technical Advisory Committee (TAC)
The Technical Advisory Committee (TAC) is established by the Policy Committee as a standing
committee of the SMPO. The two main purposes of the TAC are to provide technical guidance and
recommendations to SRPC staff concerning transportation issues that have a bearing on the 3C's
planning process and to review major work products prepared by staff as part of the transportation
planning program. The TAC also serves to advise the Policy Committee both on a technical and policy
level on major transportation issues in the region. The TAC does not establish policies for the SMPO,
but makes both technical and policy recommendations to the Policy Committee and staff.
Membership on the Strafford TAC includes representatives from the Strafford Region member and nonmember communities plus UNH, NHDES-ARD, NHDOT, COAST, other state and federal
transportation officials and other participants. [See SMPO Bylaws, dated September 27, 2007, and as
may be amended]
3.3
Strafford Metropolitan Planning Organization Staff
The SMPO staff consists of the transportation planning, land use, and GIS staff of the Strafford Regional
Planning Commission. The MPO staff, under the direction of the Policy Committee, has the major
responsibility for the preparation of the Metropolitan Transportation Plan and the TIP. Other agencies in
the 3C's process provide input and/or have responsibilities for performing specific tasks as determined
by memorandums of understanding (see Appendix B). Other responsibilities of the MPO staff include:
1. Compile a UPWP specifying the work to be accomplished, staff required and estimated costs for
each participating agency;
2. Prepare and maintain the Metropolitan Transportation Plan and other required documents for the
MPO study area;
3. Prepare and maintain the TIP for the MPO study area;
4. Conduct research and prepare various planning studies as necessary to carry out the MPO
planning process;
5. With the assistance of NHDOT, prepare air quality conformity determinations for the Plan and
TIPs adopted by the MPO to ensure that they comply with the requirements of the CAAA of
1990.
6. Provide technical assistance as needed to municipalities in local transportation planning;
7. Prepare and maintain the Public Participation Plan. Provide public information (through news
releases, articles, and meetings), regarding the transportation planning program in the SMPO
study area; and
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8. Ensure coordination of transportation planning with local, state/federal agencies and other
agencies.
3.4
Strafford Executive Committee
The purpose of the SRPC/MPO Executive Committee (EC) is to facilitate the administration of the
SMPO, ensure that TAC policy and planning recommendations are brought before the Policy
Committee, and ensure that the decisions of the Policy Committee are implemented. The duties of the
EC will include, but not be limited to the following:
1. Ensure that the directives of the SMPO voting membership are carried out.
2. Oversee the affairs of the SMPO Policy Committee between its regular meetings and to act on
behalf of the Policy Committee in emergencies. An emergency is defined as an action necessary
to carry out the responsibilities of the SMPO, when waiting for a regular Policy Committee
meeting would jeopardize the SMPO’s ability to carry out its responsibilities.
3. Determine, with the assistance of the Executive Director and the TAC, the UPWP scope and
content, and to transmit it to the Policy Committee for final approval. Recommend the biennial
UPWP scope of work and budget to the Policy Committee for approval.
4. Oversee the operating expenditures of the SMPO as recommended by the Executive Director.
5. Provide a report of its activities and/or minutes, taken on behalf of the Policy Committee, prior
to Policy Committee meeting.
There are seven members representing both large and small communities: Chairperson, ViceChairperson, Secretary/Treasurer, and four (4) members elected at the SRPC Annual Meeting. Officers
of SRPC and SMPO serve on the EC in accordance with their respective terms of office.
The EC meetings are held on the third Friday of every month at 8:00 am at the SRPC Office. Special
meetings can be called at the request of the Chairperson or the Executive Director. Notices of EC
meetings shall be and noticed on website and at the SRPC office.
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SECTION 4 - OVERVIEW OF THE TRANSPORTATION
PLANNING PROCESS
4.1
The "3Cs" Process
The "3C" transportation planning process was jointly developed by the Federal Highway Administration
(FHWA) and the Urban Mass Transportation Administration (UMTA), now the Federal Transit
Administration (FTA) in the early 1970's to ensure that effective, coordinated multi-modal
transportation planning and project implementation would be conducted on a nationwide basis. Largescale highway construction, which occurred during the 1950s and 1960s, often had serious unintended
consequences on the communities they were intended to serve, and on the environment. These problems
were exacerbated by the fact that citizens were not adequately informed as to the consequences of these
projects.
In response to these problems, the FHWA and FTA jointly developed the "3C" transportation planning
process. It was designed to ensure that the process would be continuing, meaning that both long and
short term transportation issues are identified and considered on an ongoing basis; cooperative, meaning
that effective coordination among all public officials is maintained and that other public and private
parties are included in the process; and comprehensive, meaning that all modes of transportation, as well
as non-transportation elements such as land use, economic and environmental issues were considered in
the planning process.
To implement this policy, states were empowered to create Metropolitan Planning Organizations
(MPOs), comprised of both local and state agencies and charged with implementing the 3Cs process and
with insuring that a cooperative decision-making process was in place in urban areas.
The importance of MPOs was strengthened by ISTEA, and its successors, the Transportation Equity Act
for the 21st Century (TEA21) and the current Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA-LU). Under these laws and implementing rules, MPOs
have a greater role and responsibility in programming highway and transit projects. They direct MPOs
to develop comprehensive, project specific and financially realistic ("constrained") transportation plans
with 20-year horizons. These plans serve as the vehicle from which projects are selected and
implemented.
The planning process involves a coordinated, cooperative and comprehensive effort among local,
regional, state, and federal agencies. Section 4 of this document discusses the functional responsibilities
of each agency involved in the process.
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4.2
Unified Planning Work Program (UPWP)
The Unified Planning Work Program (UPWP) provides detailed descriptions of those planning activities
and tasks to be pursued over the course of two fiscal years, along with a budget to fund the work effort.
The UPWP identifies for each task, a description of the proposed activities, the actual products that will
be prepared, funding sources, and estimated costs. The document also identifies the major planning
priorities facing the region and relates those priorities to the work program proposed.
Per the requirements of the Metropolitan Planning Rules, the UPWP must be developed in cooperation
with the State and with COAST, the publicly owned transit operator in the region which is intended to
lead to the development of a multi-modal transportation system for the region.
4.3
Metropolitan Transportation Plan
The SMPO Metropolitan Transportation Plan is the basis for action in the region, identifying and
implementing transportation needs and improvements. It contains both policies and projects. The Plan
format was substantially revised in November 1994 to become fully project specific and to incorporate
financial constraint and air quality conformity determinations per the requirement of the Metropolitan
Planning Rules of ISTEA. Following the release of the Final Metropolitan Planning Rules for
SAFETEA-LU, the MPO immediately began updating the Plan incorporating MPO Project Selection
Criteria. The Plan includes a four year update, maintenance of a minimum 20 year planning horizon,
and 20 year-long range project list. The Plan is subject to an air quality conformity determination, which
is made at the time of adoption or amendment.
The Metropolitan Transportation Plan incorporates the Transportation Improvement Program as the
short-range project specific element of the Plan. While a part of the Plan, the TIP is amended more than
every four years, and therefore is maintained as a stand-alone document. Only those projects that are
selected for the first four years of the Plan/TIP are subject to the air quality conformity determination
(see the Administrative Rule for Air Quality Conformity at Appendix C). The next six years, to the
extent possible, identify potential projects for informational purposes only in order to be consistent with
the currently approved State of New Hampshire Ten Year TIP as required by State law.
4.4
Transportation Improvement Program (TIP)
The TIP is a staged multi-year program of regional transportation improvement projects. In order to
streamline the planning and programming of transportation projects, the MPO decided to combine the
Plan and TIP into one document in 1995, with the TIP becoming the short-range transportation
improvement chapter of the Plan.
The Metropolitan Planning Organization (MPO) updates the Plan/TIP biennially in even numbered
years. This update cycle synchronizes its development with the State TIP.
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The TIP portion of the Plan describes those financially constrained projects, which are proposed for
implementation. The first two years of the TIP consist of the list of projects, which have been selected
for funding, as jointly agreed upon by the MPO and the NHDOT. Only those projects that are selected
for the first four years are subject to the air quality determination (see Appendix C). In the normal
course of events, as the first two years are implemented, the financially constrained projects listed in the
third and fourth year become first and second year projects during the next biennial update.
No transportation project utilizing federal transportation funds (Title 23 or FTA funds) may be
implemented in the Strafford MPO region unless they are part of an approved, conforming TIP.
4.5
Plan and Program Implementation
Implementation of the Transportation Plan occurs primarily through the construction, organization or
other realization of the projects included in the short-range chapter of the Plan/TIP. It also occurs in
other forms, including the adoption of policies by the municipalities and the regional planning
commission through the actions of cooperating agencies and organizations such as COAST and the
NHDOT. It is in the implementation process that the TIP links the plans of the MPO with changes in
the transportation system. Simply put, the TIP is the implementing mechanism for the Plan.
4.6
Transportation Planning and Air Quality Conformity
The Clean Air Act Amendments of 1990 placed requirements on the transportation planning process
designed to ensure that transportation plans and programs developed by MPOs contribute to, and not
detract from, the goal of reaching national ambient air quality standards. The law's key mechanism in
this regard is to require that all Plans and TIPs adopted by the MPO be found, through a quantitative
analysis of the specific projects proposed, to contribute to a reduction in mobile source emissions. Seven
SRPC communities are included within the Boston-Manchester-Portsmouth (Southeast) New Hampshire
moderate ozone non-attainment area under the 8-hour ozone standard (see Figure 3). Through the
Interagency Consultation process, NHDES, NHDOT, FHWA, FTA, EPA and MPOs have cooperatively
confirmed Air Quality attainment using the 8 hour Ozone standard by the June 2010 deadline as required
by the State Implementation Plan for Air Quality Attainment (SIP). This demonstration was conducted
to be inclusive of the growth in development and of automobile VMT occurring in the region. The
impact of the short and long-term changes to the transportation system (as expressed in the Metropolitan
Transportation Plan and the TIP) have been carefully reviewed to ensure they have contributed to
emissions reductions. Since the attainment area is shared across four MPOs, air quality conformity
review process requires extensive coordination. This review and coordination between agencies occurs
via the Interagency Consultation process which involves periodic meetings of representatives from
FHWA, FTA, EPA, NHDOT, NHDES, MPOs and the RPCs to review and discuss projects to help
determine air quality impacts, regional significance,
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Figure 2: NH Non-Attainment Areas in Strafford MPO Region
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SECTION 5 - ROLES AND RESPONSIBILITIES OF INVOLVED
AGENCIES
5.1
Strafford Regional Planning Commission
The Commissioners of the SRPC are designated as the Commissioners of the Strafford Metropolitan
Planning Organization. As previously noted, when functioning as the Strafford MPO, the SRPC
Commissioners act as the Policy Committee with the addition of members from the relevant state,
federal and local agencies. Together the Policy Committee reviews and approves all MPO transportation
plans, UPWP, Prospectus, Bylaws, programs and policies.
The SRPC provides staffing in the form of planning and administrative functions to the MPO, in
accordance with federal regulations administered by the NHDOT. The Commission is reimbursed for
80% to 90% of the total services from federal and state funds as determined by the UPWP contract
agreement with NHDOT. The remaining costs of transportation services are paid by local funds.
5.2
Local Communities
Each of the communities within the SMPO Study Area are provided the opportunity to participate in the
SMPO transportation planning process through direct representation on the TAC and Policy
Committees. The communities' role on the TAC is to represent and bring forward local project level
transportation needs and priorities and to provide technical guidance to the MPO staff. Their role on the
Policy Committee is to review, evaluate and approve or disapprove the major MPO policy documents,
principally the Transportation Plan and TIP, and in so doing, represent the short and long-range needs of
both their community and the region overall. In addition, both TAC and Policy Committee members
have the critical responsibility to ensure ongoing communication between the MPO and the local
officials in the community.
In exchange for these services and benefits provided through the UPWP scope of work, communities are
assessed and expected to provide a share of the local match of up to 10% to 20% of the total UPWP
contract, including maintaining a viable MPO process. Communities that do not contribute their share of
local match are still afforded a single voting representative on the TAC and a single voting
representative on the Policy Committee.
5.3
New Hampshire Department of Transportation (NH DOT)
The New Hampshire Department of Transportation (NHDOT) has statutory authority under New
Hampshire law to plan, design, build, and maintain state highways and public transportation facilities of
the state. The NHDOT maintains administrative oversight and funding of the responsibilities for the
MPO planning process, and the authority in non-TMA areas to select eligible transportation projects for
implementation through the STIP. In addition, the NHDOT is represented on the MPO Policy
Committee and TAC and has a wide range of responsibilities with respect to the MPO transportation
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planning program including: infrastructure construction; data collection; air quality analysis support;
preparation of special studies and providing advice and technical assistance to the MPO. The NHDOT
also has specific responsibilities with respect to the MPO transportation planning process. These
responsibilities are defined in the Memorandum of Understanding between the SMPO and the NHDOT
(See Appendix B).
5.4
New Hampshire Department of Environnemental Services – Air Resource Division (NH DES –
ARD)
Through its representatives on the Technical Advisory and Policy Committees, the Air Resources
Division will apprise the MPO of the status of the SIP and State regulations pertaining to air quality
compliance. Additional responsibilities of the Air Resources Division include reviewing air quality
conformity determinations prior to FHWA approval and providing comments on Congestion Mitigation
Air Quality (CMAQ) projects. In addition, the Air Resources Division will work cooperatively with the
MPO in identifying and developing transportation projects, which improve air quality, including TCM
projects, which may be considered in future SIP revisions. TCM projects that are incorporated in the
SIP will be given a high priority for implementation by the MPO. Appendix C contains the
Administrative Rule for air quality conformity determination and SIP revisions.
5.5
Cooperative Alliance for Seacoast Transportation (COAST)
COAST is the principal public transit operator in the MPO region, as established under special purpose
legislation that provides both fixed route and demand responsive transit service in the Seacoast area. The
COAST service area consists of the urbanized areas of Stafford County as well as Portsmouth Urbanized
area in Rockingham County. COAST is represented on the Strafford MPO TAC and Policy Committees.
In addition, SRPC has a designated seat on the COAST Board of Directors. COAST is responsible for
providing input, including the identification of transit needs and objectives, into the development of the
Metropolitan Transportation Plan including its Transit Plan component and other relevant documents, as
well as identification of shorter term project need for inclusion in the TIP. COAST also assists with the
development and implementation of a Coordinated Human Services Transportation Plan for its service
area.
COAST is also responsible for providing operational and financial data for the MPO to use in
developing its required certifications. The MPO provides COAST with planning services as requested
that are identified and funded through the UPWP. The MPO is required to certify each year that
COAST has the financial capacity to continue to operate at its planned level of service and that it is
planning for capital replacement needs. The MPO must also annually certify that the Americans with
Disabilities Act (ADA) Plan adopted by COAST are consistent with the SMPO Transportation Plan (See
Appendix B).
5.6
Southern Maine Regional Planning Commission (SMRPC) and Rockingham Planning
Commission (RPC)
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The SMRPC and RPC serve as non-voting members of the SMPO Policy Committee and TAC. This
serves to promote on-going coordination across and within regional and state boundaries in both
highway and transit planning. In addition, Maine municipalities serviced by the COAST transportation
system are represented on the COAST Board of Directors to ensure good communications across state
boundaries.
5.7
Federal Highway Administration (FHWA) and Federal Transit Administration (FTA)
The FHWA and the FTA have non-voting representation on the Technical Advisory and Policy
Committees. Their responsibilities include: (1) providing funds (PL and Section 8 funds), through the
NHDOT, to support the 3Cs transportation planning process; (2) providing guidance and advice to the
MPO staff, TAC and Policy Committees through attendance at MPO meeting and through the review
and comment on work products; (3) making the joint air quality conformity finding of the
Transportation Plan and the TIP; and providing guidance regarding interpretation and fulfillment of
federal metropolitan transportation planning rules and requirements. The FHWA actively participates
and takes the lead in coordinating meetings of the Interagency Consultation Group.
5.8
U.S. Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) has the responsibility to comment on the technical
merits of the air quality conformity determination made for the Regional Transportation Plan and the
TIP and to review the CMAQ projects recommended for implementation in the region. The EPA
actively participates in coordinating meetings of the NH Interagency Consultation Group.
5.9
University of New Hampshire
The University of New Hampshire (UNH) refers to the Durham campus of the University System of
New Hampshire. With a central academic and residence campus in Durham and land holdings in
Madbury and Lee, UNH is home to approximately 11,000 on-campus students. It is also the largest
employer in the region and daytime population during a typical school year can reach greater than
20,000. The UNH campus serves as the center of the Wildcat Transit hub, which provides services on
Routes 3-4-5. It also has daily intercity rail and bus service from it rail station on campus.
In 1997, the Seacoast Metropolitan Planning Organization voted to welcome the university as a full
voting member on both the Technical Advisory and Policy Committees. As a non-municipality, UNH
plays a role similar to other agencies listed in this section. Representation on the MPO acknowledges
the University’s effect on land use and transportation patterns within the Strafford region and enables
the University to have a voice in the regional transportation planning process.
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SECTION 6 – DEVELOPMENT OF THE TRANSPORTATION
PLAN AND TRANSPORTATION IMPROVEMENT PROGRAM
6.1
Background
The MPO transportation planning process consists of a number of interrelated elements and actions.
The purpose of this section is to describe those elements and actions and explain how the MPO will
develop and amend the Transportation Plan and TIP.
The core elements of the planning process are as they have been in the past: the Transportation Plan and
the TIP. Integral to both of these are three other key elements: (1) the determination of conformity for
both the Plan and the TIP to the SIP for Air Quality; (2) the consideration of financial constraints in the
development of the Plan and TIP, and (3) the use of an effective public involvement process throughout
the development stages of the Plan and TIP.
The requirements for developing Plans and TIPs have been significantly altered by TEA-21 and
SAFETEA-LU and their implementing rules (Metropolitan Planning Rules - 23 CFR 450; Statewide
Planning Rules - 23 CFR 500, and EPA Conformity Rules - 40 CFR 51). In particular, key changes
have been made regarding the content and interrelationship of the Transportation Plan and TIP such that
the Transportation Plan is now integral to the MPO's planning efforts and the resulting TIP. SAFETEALU made significant changes in timelines for the Plan and TIP development, public involvement
requirements, and coordination and consultation requirements with other regional and state agencies.
The SMPO implements and maintains a transportation planning process based on the provisions of 23
CFR Part 450 and related requirements. This process addresses the overall transportation goals
established in ISTEA and TEA-21 and further revised in SAFETEA-LU. Included is a public
involvement component consistent with the requirements of SAFETEA-LU, and full documentation of
the region's Transportation Plan, TIP and related elements.
6.2
Development Process - Transportation Plan
6.2.1 – Plan Requirements
The requirements for the development of a Transportation Plan are spelled out in section 450.322 of the
SAFETEA-LU Metropolitan Planning Rules (23 CFR 450). The key requirements for the
Transportation Plan that differ from pre-SAFETEA-LU planning requirements, and which
fundamentally alter it, are the following:

The Plan must have a 20 year horizon (except in some circumstances which are not applicable to
the SMPO);

The Plan must be project specific, not merely a goal oriented plan;
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
The Plan must include a financial plan component, which identifies the amount of funding
reasonably expected to be available to implement the projects identified;

The Plan must conform to the SIP for Air Quality, based a quantitative analysis of the combined
effect of implementing the projects identified in the Plan.

The Plan must address each of the applicable SAFETEA-LU Required Elements (See listing in
Appendix A);

The Plan must include both long-range and short-range strategies and actions that lead to the
development of an integrated intermodal transportation system;

The Plan must be reviewed and updated at least every four years (in non-attainment and
maintained areas);

The Plan must be developed with early and effective opportunities for public involvement.
Other requirements call for the Plan to: include projections of transportation demand for various modes
over the period of the Plan; identify adopted (and planned) congestion management strategies; identify
(and plan for) pedestrian and bicycle facilities; incorporate relevant information and results from the
state's six transportation management systems being developed by the NHDOT (congestion, pavement,
bridge, safety, public transportation and intermodal facilities); assess capital investment and operational
needs to preserve and make optimum use of existing transportation facilities; include a multimodal
evaluation of the effect of the overall Plan, especially regarding proposed major transportation
investments; include consideration of the region's long-range land use, economic development and other
related plans.
In order to accommodate the broad requirements of the Plan in relation to staffing and resources of the
MPO, the Plan was developed and maintained in several components so as to allow the phasing of its
development. The major components consist of the following: goals and policies, freight, safety,
demographics and forecasts, land use and transportation, natural resources, transit, bicycle and
pedestrian, travel demand management and highway/bridge and long and short range project priorities. .
The required financial and conformity analyses are integral to each component.
6.2.2 – Transportation Plan and MPO Study Area
Although the Transportation Plan is not technically required to cover the region beyond the
"metropolitan area," the SMPO Plan encompasses the entire SMPO study area, as shown on Figure 1.
Seven communities within the Study area are classified as non-attainment within the southern NH 8
hour non-attainment area. By agreement with the NHDOT, the SMPO has committed to include its
entire study area in the Plan, as evaluated on an ongoing basis.
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6.2.3 – Financial Plan
The financial plan component of the overall Plan must demonstrate that proposed transportation
improvements are consistent with available and projected sources of revenue. The Plan therefore
includes an analysis, which compares existing and projected revenue sources, which are reasonably
expected, with the estimated costs of constructing, acquiring, and operating the total transportation
system over the period of the plan (20-years). Where shortfalls are projected to exist, proposed new
sources are identified or the Plan was modified to eliminate expenditures.
NHDOT does not at this time provide fixed or formula based sub-state allocations for any portion of
STP funds (with the exception of PL funds for planning), therefore the MPO is not in the position to
make an independent determination of fiscal constraint. Instead, the MPO relies on information of
expected project expenditures from the Ten-Year Plan and supplements this information with internally
generated estimates based upon historical share of expenditures in the region. In order to fulfill the
requirements of SAFETEA-LU (23 CFR 450 324(g)(10) for the development of financial plans the
MPO anticipates working more closely with the NHDOT, COAST, and other NH MPOs to develop
common methods and procedures for preparing the assumptions necessary to prepare the financial plan.
Because the SMPO is a non-attainment area, the financial plan carries an additional requirement to
address specific financial strategies that may be required to ensure the implementation of projects and
programs necessary to reach air quality attainment.
6.2.4 – Project-Specific Requirements
Regarding the requirement that Transportation Plans be "project specific," the metropolitan planning
rules specify that the Plan must include sufficient detail on projects to permit conformity determination
under the EPA conformity regulations (40 CFR 51). In general, this means that a design concept must
be identified for each project. Also, in order to fulfill the financial planning requirements, the concept
must be identified in sufficient detail to develop cost estimates.
6.2.5 – Plan Development Schedule and Process
The MPO was required to adopt a Transportation Plan that complied with the Plan requirements
specified in 23 CFR 450, to the extent possible, by November 15th, 1994. Subsequent modifications to
this first fully compliant Plan adopted by the MPO, are termed updates to the Plan.
In accordance with SATETEA-LU, the MPO must review and update the transportation plan at least
every four (4) years in air quality non-attainment (and maintenance) areas. Updates must, at a minimum
confirm the validity and consistency of the Plan’s major assumptions regarding forecasted land use and
transportation assumptions for the region. To maintain consistency with the State’s two year update
cycle of the 10 Year Plan, it is anticipated that the MPO will update the project specific aspects of the
Plan every two years. Such shorter-term updates will be timed to occur concurrently with the biennial
TIP development process (See Section 6.3).
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6.3
Development Process - Transportation Improvement Program (TIP)
6.3.1 – TIP Requirements
As previously noted, under the provisions and implementing rules of SAFETEA-LU, the TIP has
become much more tightly integrated with the Transportation Plan than in the past. The TIP is
somewhat analogous to the capital improvements program of a community master plan in that ideally,
the content of the TIP is drawn directly from the specific recommendations of the master plan. (The
difference is that with a TIP, only projects included on the TIP may receive public funding for
implementation). Likewise, under SAFETEA-LU rules, the content of the TIP must be taken from the
project specific recommendations of the Plan.
The requirements of TIP development are spelled out in Sections 450.324-330 of the SAFETEA-LU
Metropolitan Planning Rules. The key requirements for both the development process and content are
summarized as follows:

TIP development must occur as part of the 3Cs process, and in cooperation with the State and
public transit operator.

The TIP must be updated at least every two years and approved by the MPO Policy Committee
and the Governor; the update schedule must be compatible with the STIP development/approval
process.

The TIP must be developed with early and effective opportunities for public involvement, and
must include at least one formal public meeting;

The TIP must cover a period of not less than four years; additional years may be included, but
only if they include information about cost, funding sources and priority. Within the first four
years, the TIP must prioritize projects at least by year;

If TCM projects become part of the NHSIP in the future, the TIP must give priority to these
projects to ensure their timely implementation;

The TIP must be financially constrained and include a financial plan component which identifies
which projects can be implemented with existing sources and which will utilize proposed
sources, if any;

The TIP may only include projects that are consistent with the transportation plan;

The TIP must include all transportation projects to be implemented within the MPO study area
that are proposed for funding under title 23 USC and the Federal Transit Act.
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6.3.2 – TIP Content
The TIP must include the following project types:
1. All transportation projects within the MPO study area proposed for federal funding on Title 23 or
the Federal Transit Act, including TE, CMAQ, safety, trails, bicycle and pedestrian projects;
2. Only projects that are consistent with (interpreted to mean contained within) the project-specific
recommendations of the transportation plan.
3. All regionally significant transportation projects for which:
a. FHWA or FTA approval is required, regardless of funding source;
b. For informational purposes and air quality analysis, any project proposed to be funded with
federal funds;
c. For informational purposes and for air quality analysis, any project to be funded with nonfederal funds.
For projects included in the TIP, descriptive information is included which identifies: project cost;
federal funding to be used in each programmed year, source of funding, both federal and other; the
funding recipient and agency responsible for implementation; whether or not the project is TCM in the
NHSIP; projects which implement ADA Paratransit plans. The information presented will be of
sufficient detail, in terms of project design, scope and timing to conduct quantitative air quality analysis
in accordance with EPA conformity requirements (40 CFR 51).
6.3.3 – Financial Plan
The financial plan component of the TIP must demonstrate that the TIP is financially constrained, by
year. The financial plan for the Plan Update has been developed with the assistance and cooperation of
the NHDOT and COAST who provided the MPO with the information necessary to develop reasonable
projections of revenue by funding source and category. For the 1st and 2nd year of the four-year TIP,
projects are limited to those for which funds are committed.
Based on the results of the financial analysis, projects for which operating, and construction funds
cannot be reasonably expected to be available were omitted. Funding sources to be considered include
Title 23, FTA, Enhancement and CMAQ, Surface Transportation Program Flexible Funds, local and
state sources and private sector sources. Any proposed new funding source was not considered unless
the MPO determined that there was reasonable expectation that the funds would be available to
implement the projects.
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6.3.4 – Project Selection Criteria
Prior to the beginning of the first full TIP update cycle subsequent to the availability of the final
Metropolitan Planning Rules, the MPO developed and adopted explicit TIP selection criteria. The
criteria identify the rational basis by which the MPO prioritized projects for Plan/TIP selection. The
adoption or amendment to the selection criteria will be made subject to a public involvement process as
identified in Section 6.4.2 of this document, or as amended.
6.3.5 – Relationship to STIP
The Metropolitan Planning Rules require that the TIP, if adopted by the MPO and approved by the
Governor, be included without modification in the State TIP. Prior to inclusion in the STIP, the FTA
and FHWA must find that TIP conforms to the N.H. SIP for Air Quality. Under the State's proposed
TIP/STIP development process, the NHDOT receives an adopted draft TIP that becomes subject to
revision by the NHDOT, the Governor, Governor's Advisory Commission on Intermodal Transportation
(GACIT), and the State Legislature. Subsequent to final action by the Legislature, the MPO will be
asked to adopt a final TIP, which may include changes to the adopted draft not considered or approved
by the MPO. The MPO will review the final draft for such changes and adopt it, if the determination is
made that:
1. The TIP continues to conform to N.H. SIP;
2. The TIP remains financially constrained;
3. The projects selected are consistent with and supported by the MPO project selection criteria,
and,
4. The TIP reflects the project specific content of the adopted MPO Transportation Plan and the
region's transportation improvement priorities.
(See also 5.3 - TIP Development Schedule and Process)
6.3.6 – Project Grouping
Projects proposed for FHWA and/or FTA funding that are not considered by the State and MPO to be of
appropriate scale for individual identification in a given program year will be grouped by function,
geographic area, and work type using applicable classifications under 23 CFR 771.117(2) and (d)
provided that the classifications must be consistent with the exempt project classifications contained in
the U.S. EPA conformity requirements (40 CFR Part 51). At a minimum, the following project types
are considered eligible for grouping: pavement marking, guardrail, resurfacing, safety improvements,
lighting and signing.
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6.3.7 – FHWA and FTA Required Actions on the TIP
The MPO, independently of the State, will forward copies of the TIP following their adoption by the
Policy Committee and approval by the Governor.
Final approval of the TIP will be contingent on joint FHWA/FTA findings, which affirms that:
1. The TIP is based on the 3Cs transportation process carried out jointly by the MPO, State and transit
operators; and
2. The TIP conforms to the adopted N.H. SIP, and that project priority has been given to the timely
implementation of TCMs, which may be incorporated in the SIP in the future.
6.3.8 – Monitoring Progress in Implementation: Annual Listing of Obligated Projects
The TIP document prepared by the MPO will identify major projects that have been significantly
delayed and reasons for those delays to the extent that they can be determined. In addition, on an annual
basis the MPO will develop a listing of projects for which FHWA and FTA funds (Title 23 and 49) were
obligated in the preceding program year. This listing will be based on information supplied by the
NHDOT, contain similar project information as found in the TIP, and will be published on the MPO
website, with public notice provided in accordance with the MPO public participation process.
6.3.9 – TIP Development Schedule and Process
TIP development happens on a two-year cycle, though changes may be made to the TIP outside of the
regular development/adoption cycle, and are referred to as TIP Amendments. As previously noted,
because TIP projects shown for the first four years must be drawn from the project specific
recommendations of the Plan, the Plan and TIP were developed concurrently, with the TIP being the
short-range recommendations chapter of the Plan. Table 1 below outlines the sequence of events that are
expected to occur during the development of the biennial TIP. The dates shown are contingent and
dependent on the required information and precedents being in-place in the expected timeframe. (See
also Figure 3)
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Table 1: Transportation Improvement Program Development Process
YEAR ONE (starting in even-numbered years)
Timeframe
Event/Action
September of even year
MPO publishes public notice of intent to update the Plan and TIP. MPO
requests financial planning information from NHDOT (See Section 6.3.2
regarding notice).
September-October
MPO distributes current project selection criteria and procedures and solicits
projects for the TIP from participating agencies and MPO communities
regarding transportation needs in the region. MPO solicits interested parties
to participate in public advisory committee if one is to be established (See
Section 6.3.3).
October-January
MPO staff prepares Draft Plan and TIP, based on agency advisory committee
and public input and on results from travel demand model analyses, air
quality analyses, management system inputs, and financial assumptions.
Includes draft air quality conformity determination. Public informational
meetings held during draft development - per Section 6.3.4.
January of odd year
MPO Distributes Draft Plan and TIP Update to TAC for review and
endorsement at February meeting.
February
Publish/post notice of availability of draft for 30-day public comment period;
include notice of public hearing; make copies of draft widely available in the
region (See Section 6.3.5). Prepare summary materials and distribute to
interested parties.
TAC reviews/endorses Draft or recommends revisions. (Additional TAC
meetings if required).
March
Public hearing held on Draft Plan and TIP to present the document(s) and
take input from the public. At close of public comment period, input is
reviewed and Final TIP is prepared; summary of public comments is
prepared.
MPO Policy Committee meeting held to adopt revised Plan and TIP. If further revisions are required,
MPO schedules subsequent meeting at which TIP can be adopted.
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YEAR TWO (odd-numbered years)
Timeframe
Event/Action
April– of odd year
Adopted TIP is submitted to NHDOT for draft STIP development.
April - July
NHDOT develops updated State Transportation Improvement Program
(STIP) from MPO/RPA draft TIPs; submission to GACIT.
July - December
GACIT hold hearings on STIP and submits final version to Governor.
January
Governor submits STIP, with amendments if any, to Legislature.
June
Legislature passes and submits version of STIP to NHDOT
June
NHDOT divides STIP by region and submits to MPO for final TIP
endorsement.
June
SMPO Analyzes MPO STIP component against MPO approved Draft Plan
and TIP, and reviews/reanalyzes to determine consistency with the Plan and
conformity with the SIP.
June
SMPO distributes STIP - derived MPO TIP to TAC and publishes/posts
notice of availability of revised plan(s); start of public comment period.
July
TAC Committee meets to endorse revised TIP.
July
Comment period closes
August
MPO Policy Committee meets to adopt revised Final TIP and if adopted
submits to NHDOT and to FHWA/FTA
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6.4
Plan and TIP Amendment Procedures
The NH Department of Transportation (NHDOT), through cooperation and coordination with the
Metropolitan Planning Organizations (MPO) and the rural Regional Planning Commissions (RPC),
maintains the Statewide Transportation Improvement Program (STIP). To comply with Federal rules
the MPO area Transportation Improvement Programs (TIPs) and the NHDOT STIP must be consistent
with one another. The approved STIP is frequently revised to reflect changes in project status, therefore,
before the STIP is revised to reflect a project change in an MPO area, the MPO TIP must first be
revised. Changes in project schedules, funding needs, and project scopes require revising the approved
STIP.
These changes may be initiated from the NHDOT or at the MPO, and depending upon their significance
and complexity, require coordination from several agencies and may also require Federal approval.
Through Interagency Consultation, the NHDOT participates with representatives from the Federal
Highway Administration (FHWA), the Federal Transit Administration (FTA), the Environmental
Protection Agency (EPA), and the NH Department of Environmental Services (NHDES), MPOs and
RPCs to discuss issues, effects of, and requirements regarding revisions of the STIP. These issues
include MPO public comments and participation periods, statewide comment periods, financial
constraint and air quality conformity determinations.
The procedure for formally amending the STIP differs depending on the nature of the proposed
amendment. Through Interagency Consultation, criteria have been developed describing the thresholds
and triggers that will define what type of action is required to make a revision to the STIP. As described
in 23 CFR 450 there are two types of revisions to an approved STIP: an amendment and an
administrative modification. Following are the thresholds or events that trigger the necessity for an
amendment and the provisions that would allow for an administrative modification. A third category of
change, information only, has been included in this process to facilitate the exchange of information and
an expedited process when specific minor changes are made to projects within the STIP. To help ensure
that the STIP remains financially constrained as revisions are made, the NHDOT will balance the net
effect of project changes by year and provide supporting financial constraint documentation.
6.4.1 – Definitions
Administrative Modification: A revision requiring interagency consultation, approval by NHDOT
and/or by a designee of an MPO, and notification of FHWA/FTA. Consistent with the definitions
included in 23 CFR 450.104, administrative modifications are classified as minor revisions.
Air Quality Conformity Determination: Required under federal rules for areas that are classified as
non-attainment or in maintenance of national ambient air quality standards. The Determination certifies
that the area meets criteria pollution limits defined in the NH Statewide Implementation Plan.
Amendment: The highest tier of a revision requiring a 10-30-day public comment period, interagency
consultation, adoption by NHDOT and/or approval by an MPO, approval by FHWA/FTA, and in nonattainment or maintenance areas, a finding of conformity. Consistent with the definitions included in 23
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CFR 450.104, amendments are classified as major revisions
Exempt Status: A classification, Exempt or Not Exempt, given to all projects within non-attainment or
maintenance areas. Project classifications are determined through interagency consultation. The project
status is reported in the STIP under the heading CAA Code. For Exempt projects, a numeric code is
included which is associated with the federal list of exempt activities.
Expedited Project Selection Procedures: A process outlined in federal rules that permit a change in
the years of implementation of a project or phase of a project provided that the original date(s) and
revised date(s) were contained in an approved STIP. For the urban areas of the state, each MPO, if they
wish to utilize these expedited procedures, must adopt them as part of their prospectus. Under these
procedures, this type of change falls into the information only tier of revision.
Illustrative Projects: Projects that are included in the STIP in anticipation of the receipt of federal or
other funds. Illustrative projects are not required to be included in financial constraint information nor
in an air quality analysis. Such projects are not eligible for federal funding until they are officially
added through an amendment. The primary reasons to add projects for illustrative purposes are to
document the projects, spur open discussion among stakeholders, and to identify the need for additional
resources.
Information Only: The lowest tier of a revision requiring interagency consultation and approval by
NHDOT and/or by a designee of an MPO. Consistent with the definitions included in 23 CFR 450.104,
information only revisions are classified as minor revisions.
Phase: A component of a project defined as preliminary engineering (P), right of way (R), or
construction (C) programmed with a dollar amount and a fiscal year.
Regional Emissions Analysis: The process to identify and document the anticipated effects of a project
on air quality. An analysis is conducted for projects in non-attainment or maintenance areas. Project
changes that could affect an analysis include, but are not limited to, any that impact capacity,
congestion, travel speeds, project areas or the exempt status of a project. Any change to an analysis
requires an amendment and a new determination.
Regionally Significant: A determination discussed through interagency consultation, made by an MPO
or the State, and documented in a TIP, conformity document, and/or other plan. Federal rules generally
define regionally significant projects to include those that serve regional transportation needs,
specifically identifying principal arterials. Most revisions made to a designated regionally significant
project will qualify as amendments. Work completed on the interstate, turnpike, or NHS system would
typically qualify as regionally significant.
Revision: Any change to a project within the STIP.
STIP Update: A process undertaken on a biennial basis in NH to publish a new STIP that includes all
relevant project information for a period of 4 years.
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6.4.2 – Decision Thresholds
The following thresholds were established by NHDOT in consultation with the MPO and rural RPCs,
FHWA, FTA, EPA, and NHDES. The intent of setting these thresholds is to establish a transparent and
consistent decision making process for how changes to projects within the STIP will be managed. For
changes to the cost of projects, a sliding scale is outlined in Table II-2 to determine which category of
revision is required. All measurements for these cost changes will be made from the last approved STIP
to account for incremental changes.
6.4.2.1 Amendment

Any change to a project that impacts the regional emissions analysis used for the current Conformity
Determination. Primarily affects Not Exempt projects with year or scope changes;

Adding or removing a Regionally Significant or Not Exempt project or phase of a project (Appendix
C for definition);

Adding or removing a federally funded project or phase of a project;

Making a change in the scope of work of a project that uses state or federal funds or of any
regionally significant projects regardless of the funding source;

A significant change in the total cost of a project (Table 2);

A change in the fiscal year of any phase of a project or portion of a phase in areas where expedited
project selection procedures have not been adopted; no such areas currently exist in NH;

Officially adding a project that had been included for illustrative purposes.
6.4.2.2 Administrative Modification: Major

A moderate change in the total cost of a project (Table 2);

Minor changes to the scope of work or description of a project that do not affect the regional
emissions analysis or otherwise trigger a conformity determination;

Combining or separating two or more projects that are part of an approved STIP;

Combining or separating phases within a project that are part of an approved STIP;

Identifying a specific project that was part of a general parent project and adjusting the parent project
accordingly.

Changes to the funding category(s) identified in an approved STIP for a project

A change in the fiscal year of any phase or portion of a phase of a project in areas where expedited
project selection procedures have been adopted, provided they are advanced or delayed within the
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STIP years and do not affect the financial constraint of the STIP. Currently, procedures are in effect
for the entire State of NH.
6.4.2.3 Administrative Modifications: Minor (Information Only)

Minor changes to the total cost of a project (Table II-1, page 3);

Typographical corrections to project information.
Table 2: Project Cost Change Threshold
Administrative Modification
Major
Minor
Action Needed if the Change in Cost from the amount
approved in the most current STIP is:
Up to 75%
>75%
<10%
Full Amendment*
Total Cost of Project
within approved STIP Years
< $1 Million
($750k limit)
$1 Million to $5 Million
>30%
> $5 Million to $10 Million
>20%
> $10 Million to $50 Million
>10%
Over $50 Million
>5%
Up to 30%
<8%
($750k limit)
($200k limit)
Up to 20%
<5%
($1.5 million limit)
($300k limit)
Up to 10%
<4%
($3.5 million limit)
($400k limit)
Up to 5%
<1%
($5 million limit)
($500k limit)
*also applies to Post Authorization Revisions
6.4.3 – Interagency Consultation
Before a STIP revision can be adopted by NHDOT or recommended for approval by FHWA/FTA and
prior to the start of any public comment periods, the proposed changes, whether initiated from the MPO
or the NHDOT, will be discussed through interagency consultation meetings/phone conferences or
correspondence. This review includes all projects eligible for amendments, administrative
modifications, and most information only changes. Representatives from FHWA, FTA, EPA, NHDOT,
NHDES, MPOs, and RPCs in the attainment area are invited to participate in monthly discussions. Any
public input that has been received should be expressed through the planning commission staff in
attendance or by the agencies.
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Through interagency consultation a recommendation will be made regarding each project’s regional
significance. At a minimum, that recommendation will meet the standards outlined in 23 CFR 450.
Interagency consultation also provides a forum to determine if a proposed revision will require a
conformity determination.
Interagency consultation provides one of the first opportunities for MPOs, the federal agencies, and
others involved to view and comment on potential STIP revisions. Any comments received through the
consultation process may affect how the State selects to categorize the revisions before distributing them
for public comment and formal review at the MPO level. In an urban area, final categorization is at the
discretion of the MPO that may choose to process any lesser revision as a full amendment.
Alternatively, if an MPO wishes to process a change as a lesser revision than what was discussed at the
interagency consultation, e.g. changing from an amendment to an information only revision, it should be
discussed again during the consultation process.
Important decisions reached through interagency consultation will be documented as meeting notes.
Some examples include:

The need for updating the regional emissions analysis or otherwise requiring a conformity
determination;

The regionally significant and/or the exempt or non-exempt status of a project or phase of a
project;

Any adjustments made to analysis years for determining conformity; and

The decision to process STIP revisions as Amendments, Administrative Modifications or
Information Only changes.
6.4.3.1 Dispute Resolution
When disagreements arise over any aspect of a STIP revision that cannot be satisfactorily and amicably
resolved between the immediate parties involved, they will be brought forward for discussion as part of
the consultation process. The interagency group may provide guidance to the parties involved in the
dispute and to whichever agency(s) have the ultimate approval authority. Any such guidance shall be
documented in the meeting notes. However, while the guidance provided through interagency
consultation should weigh heavily on decisions made to resolve the dispute, it is not binding.
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6.4.4 – Amendments
Amendments are major revisions that are intended to address substantial changes to projects or changes,
either in scope or cost that may affect air quality conformity or financial constraint. The amendment
process also provides an opportunity to process all administrative modifications and information only
changes that may have been approved since the previous amendment. Amendments require a 10-30-day
public comment period, a conformity determination (as deemed necessary through the Interagency
Consultation process), and subsequent approvals, but may also require a review or update to the air
quality analysis (regional emissions analysis). In rural areas the timeframe to adopt an amendment will
likely be about 3 months. In MPO areas, the timeframe will likely take at least 3 months and may take
up to 5 months if there are air quality conformity issues. To the extent possible, amendments to the STIP
will be processed on a quarterly basis.
As part of the interagency consultation process, for each amendment the group will recommend a length
for the public comment period between 10 and 30 days. For amendments, the recommendation will be
based on various factors including the magnitude of the changes being proposed, the relative sensitivity
of the projects included, and any factors that require timely actions, e.g. emergencies, federal lapses, etc.
In urban areas each MPO will implement the comment period and in rural areas the NHDOT shall.
When TIP/STIP amendments involve revisions to projects that are grouped by function, work type,
and/or geographic area, consistent with requirements listed in 23 CFR 450.324 (f) and 23 CFR 450.216
(j), NHDOT will in a timely manner, provide the appropriate RPC/MPO with the individual projectspecific changes in their respective regions that are included in such revisions. Upon request, NHDOT
will also provide project-specific listings by RPC/MPO for grouped projects that are included with STIP
Updates.
6.4.4.1 Metropolitan Areas
Project changes in an MPO area must comply with the provisions of 23 CFR 450.326 pertaining to TIP
revisions. Regardless of whether the project change is initiated by the MPO or the NHDOT, the MPO
Policy Committee must adopt the change to their approved TIP. There must be a public participation
process, consistent with the respective MPO public participation plan, and a public comment period of at
10-30 days. Upon formal endorsement of the amendment at a public MPO meeting, the MPO shall
provide a copy of the amendment to the State, FHWA and FTA. In non-attainment or maintenance
areas, any amendment to the TIP must be accompanied by a corresponding conformity determination by
the MPO. That conformity determination, depending upon the discussions through interagency
consultation, may or may not require a new air quality analysis.
The State shall incorporate the amendment into the STIP and submit the amended STIP to FHWA/FTA
for approval. The NHDOT must demonstrate that the STIP remains financially constrained. Each
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amendment shall be dated and sequentially numbered. The FHWA/FTA shall approve or disapprove the
STIP amendment in whole or may choose to exclude specific projects from the approval. If the
amendment consists of only highway projects or only transit projects and no conformity determination is
required, the FHWA or FTA may approve the amendment unilaterally. Otherwise approval will be by
joint letter. The state will forward copies of the approval to the affected MPOs. The MPO will, in turn,
notify the affected Transit Operator(s), if transit projects are involved.
6.4.5 – Administrative Modification: Major
Consistent with the definitions outlined in 23 U.S.C. 101(a) and 49 U.S.C. 5302, administrative
modifications are minor revisions with the intent of allowing, where suitable, relatively small changes to
be made to projects in an expedited fashion. Administrative modifications can be made based on the
thresholds established in Section 6.4.2 and in Table 2. The administrative modification option is
available for projects at the discretion of the MPO, or the State in rural areas, which may instead opt for
the formal amendment process. Unlike in the case of full amendments, an MPO may delegate the
approval of modifications to a person or committee, e.g. the Executive Director or Executive
Committee.
A list of all the projects that are potentially eligible for administrative modifications will be reviewed
through the interagency consultation process. Following that review, each of the affected MPOs and
rural planning commissions will receive a list of projects with the proposed changes within their
jurisdiction. The NHDOT will certify that the STIP will remain financially constrained after taking into
account the proposed project changes and will notify FHWA/FTA of the project changes.
Administrative modifications should typically take less than 1 months to process.
To ensure consistency with federal regulations regarding air quality conformity, any project that is
identified to potentially affect the air quality determination of a non-attainment or maintenance area will
be discussed during interagency consultation. If, through consultation, a proposed administrative
modification is identified as having an impact on the air quality determination, that revision will be
escalated to an Amendment.
6.4.5.1 Metropolitan Areas
A list of all the projects that are potentially eligible for expedited project selection procedures will be
reviewed through the interagency consultation process. Following that review, each of the affected
MPOs will receive a list of projects with the proposed schedule changes within their jurisdiction. The
entity designated as having approval authority by the MPO as part of the expedited project selection
procedure will then review the list of projects and issue a letter to NHDOT stating concurrence or
disapproval of the proposed changes.
In the Strafford MPO the Executive Director has the authority to review administrative modification
changes. The Executive Director may request the advice of members of the MPO Technical Advisory
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Committee to complete this review. The Executive Director will make recommendations to the
Executive Committee for their concurrence or disapproval of administrative modification changes, and
for a procedural change from administrative modification to amendment. The Executive Committee will
issue a letter to the NHDOT indicating their decision. Copies of these letters will be provided to
members of the TAC and MPO Policy Committee.
The NHDOT will notify the FHWA/FTA of the approval of administrative modifications. The
FHWA/FTA shall place these adjustment letters on file with the STIP and the State shall update the
STIP to include these modifications periodically as full amendments or STIP updates are processed. If
the person or board designated as having approval authority elects not to approve an administrative
modification, that change could still be pursued through the full amendment process. FHWA/FTA will
review modifications and will accept or not accept them, however, no formal approval will be required.
6.4.6 Administrative Modification: Minor (Information Only)
Technical corrections and minor cost adjustments (Table II-1) will be treated as minor administrative
modifications (information only) only when timeliness is critical. In all other cases, the changes will be
processed as major administrative modifications. These types of changes will be reported in the STIP as
future amendments or STIP updates are processed and would not require approval. The changes will
also
be
reported
as
part
of
the
regular
interagency
consultation
process.
6.4.7 – Submission of STIP Updates
STIP amendments for single projects may be accommodated by FHWA/FTA, however, it is strongly
suggested through federal regulations that the State bundle projects for approval and submit an updated
STIP project listing including a group of amendments, administrative modifications, and information
only changes on a quarterly basis or less frequently if there have been no changes in the STIP during the
previous quarter. This will make for a more rational tracking of the current STIP by the State, the
Federal Agencies and the MPOs. Each amendment request shall be dated and sequentially numbered
and three copies submitted to FHWA and one copy to FTA.
6.5
Air Quality Conformity
Any changes that will potentially trigger a conformity determination are to be discussed and explored by
the participating agencies through the Interagency Consultation process allowing potential impacts to be
identified early in the revision process. STIP amendments that involve Not Exempt projects must
include an updated conformity determination.
If the proposed revision to the S/TIP is Not Exempt, off-model or will impact the existing air quality
determination, a new analysis and a new determination are required; such revisions will always require
an amendment to the S/TIP. Any revisions to the air quality analysis also require an amendment of the
MPO Metropolitan Plan. The new air quality analysis shall be developed and amended into the Plan
(consultation and public notice procedures apply). The amended TIP conformity determination would
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then be based on the amended Metropolitan Transportation Plan air quality analysis. The S/TIP
amendment, the supporting plan, and a conformity statement will then be submitted to FHWA/FTA for
approval. The FHWA/FTA approval letter will reflect approval of the new conformity determination.
If the proposed revision to the S/TIP does not affect the existing regional emissions analysis, but triggers
a determination of conformity for other reasons, it shall be explicitly reflected in the amendment with a
statement that the finding of conformity relies on the previous (existing) regional emissions analysis.
6.6
For Later Use
6.7
Transportation Project Development And Studies
Within SAFETEA-LU the Strafford MPO, voluntarily, may undertake a corridor or subarea planning
study as part of the metropolitan transportation planning process. The results of these transportation
planning studies may be incorporated into the overall project development process to the extent that they
meet the requirements of the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et
seq.) and associated implementing regulations (23 CFR part 771 and 40 CFR parts 1500-1508).
Specifically, these corridor or sub area studies may be used to produce any of the following for a
proposed transportation project:
1. Purpose and need or goals and objective statement(s)
2. General travel corridor and/or general mode(s) definition (i.e., highway, transit, or a
highway/transit combination)
3. Preliminary screening of alternatives and elimination of unreasonable alternatives
4. Description of the affected environment; and/or
5. Preliminary identification of environmental impacts and environmental mitigation. These
planning studies will aid in better integration of land use and transportation and better projects.
6.8
Relationship to State Management Systems
SAFETEA-LU requires that the NHDOT develop statewide management systems for transportation,
which address the following functional areas: bridges, pavement, safety, congestion, public
transportation, intermodal facilities and traffic monitoring. Three of these, congestion management,
public transportation and intermodal facility management are required, "to the extent appropriate", to be
part of the MPO planning process. The intent of the management systems is to enhance transportation
investment decisions, particularly in the project or alternatives identification and selection phase of the
process. It is the intent of the SMPO to make maximum, but not exclusive, use of the statewide
management systems to provide information necessary to support transportation system
recommendations made by the MPO and embodied in the Transportation Plan and TIP. It is also
anticipated that the MPO will contribute to the development and maintenance of the management
systems by providing information about the transportation systems in the study area on an ongoing basis.
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Figure 3: Process Diagram
Start Here
A STIP amendment that
is not financially
constrained cannot be
approved. Move a project/
phase comparable in cost
to balance the change.
Does the revision affect air
quality conformity?
Amendments are forwarded to
FHWA/FTA for approval. FHWA/FTA
are notified of Modifications and
Information Only revisions that will
be included in future Amendments.
MPO or Rural
revision
process
Yes
No
Financial
Constraint
Analysis
Is STIP
constrained?
STIP Amendment
No
Does the revision affect
the scope of the project?
Yes
No
Was the project an
Illustrative Project?
No
Yes
Interagency
Consultation
Verify revision
categories.
Discuss air quality.
Administrative
Modification
Yes
Yes
Is the project or a phase
being removed from the
approved STIP?
No
Is the project being
added as an Illustrative
Project?
No
Information Only
Yes
No
Yes
Yes
Is the project or a phase
being added to the approved
STIP?
Cost increase met
the threshold of an
Amendment
Compare the
cost increase to
the Threshold
Table to classify
type of Revision
No
Cost increase met
the threshold of an
Administrative
Modification
Yes
Cost increase met
the threshold of an
Information Only
revision
Did the project cost estimate
increase?
Yes
Yes
No
No
Is a project or phase being
moved from one year to another in
the approved STIP?
Yes
Are Expedited Project
Selection Procedures in place?
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SECTION 7 – PUBLIC INVOLVEMENT PROCESS
7.1
Purpose and Objectives
New federal rules pertaining to the metropolitan planning requirements of the SAFETEA-LU contain
specific minimum requirements for public involvement in transportation planning.
Every Metropolitan Planning Organization (MPO) must develop, adopt and implement formalized
procedures for effective community participation to be used during the development or updating of a
Transportation Plan ("Plan") or TIP. The purpose of this document is to define such procedures for the
SMPO. The process described herein is intended to ensure effective public involvement in the MPO's
transportation planning activities and to comply with applicable federal rules, including 23 CFR
450.316(b).
The principal objectives of the MPO's public involvement processes are:

Actively seek out input and involvement from a wide variety of individuals, groups and
organizations affected by the transportation system.

Establish effective public involvement early in the planning process, before key decisions are
made and while there is ample opportunity to affect decisions.

Promote informed public input into decision-making by providing timely access to needed
information.

Fully consider and respond to public input.

Result in transportation plans, programs and projects which reflect local, regional and state
priorities and needs; and which consider a range of transportation options and consider the
overall social, economic, energy and environmental effect of transportation decisions.
7.2
Performance Criteria for Public Involvement
The federal rules governing metropolitan planning for transportation specify minimum standards, which
the MPO's public involvement process must achieve (23 CFR 450.316(b)(I-xi)). These requirements
form the basis of the criteria that will guide the MPOs in carrying out its public involvement process.
That process will comply with the following standards, and in addition, shall follow the specific
procedures for Plan and TIP development as identified in Sections 6.3, 6.4 and 6.5 of this document:

Require a minimum public comment period of 45 days before the public involvement process is
initially adopted or amended.
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
Provide timely information about transportation issues and processes to citizens, affected public
agencies, representatives of transportation agency employees, private providers of transportation,
and other interested parties and segments of the community affected by transportation plans,
programs and projects.

Provide reasonable public access to technical and policy information used in the development of
Plans and TIPs and open public meetings where matters related to the federal-aid highway and
transit programs are being considered.

Require a minimum of 30 days public notice for public review and comment for approval of
Metropolitan Transportation Plans and TIPs; a lesser lead time is permitted for public
informational meetings per Section 6.3.4 of this document. Public notice requirements will be
carried out prior to key decision points.

TIP amendments require a 10-30 day public notice and comment period, as determined through
the interagency consultation process. Notices and comment periods must be followed by a
public hearing, and MPO Policy Committee approval.

Provide timely notice of public involvement opportunities, including posting of notices in public
places and direct notification of interested parties identified in the process.

Seek out and consider the needs of those who are commonly under-served by existing
transportation systems, including households with low income, minority and disabled
individuals.

Demonstrate explicit consideration and response to the public input received during the planning,
program development public hearing processes.

Provide the opportunity for additional public comment, prior to adoption, whenever substantive
changes are made to a proposed draft Plan or TIP after it is released for public comment.

Coordinate the MPO public involvement process with statewide public involvement process
wherever possible to enhance public consideration and understanding of the issues, plans, and
programs and to reduce redundancies and costs.

Review and self-certify, on a biennial basis, that this public involvement process is being
followed and is effective in meeting the purpose, objectives and criteria set forth herein, and that
it provides full and open access to all.

Ensure that all meetings concerning MPO business development be open to the public and held
in accessible locations that can accommodate the needs of the disabled, and that the provisions of
RSA 91-A ("Access to Public Records and Meetings") are followed.
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7.3
Public Involvement Procedures for the Development of the Transportation Plan
During the development or updating of the MPO's Transportation Plan, the following elements and
procedures shall be utilized as part of the public involvement process:
7.3.1 – Establish Contact List of Interested and Affected Parties
The MPO shall develop and maintain a list of interested and affected parties whose input will be actively
sought in the Plan development process. This list will include, but not be limited to, the following:

Boards of selectmen and city and town councils from study area communities;

Planning boards, traffic safety committees, public works officials/road agents;

Public and private transit and taxi operators, including public and private demand responsive
operators;

Human service agencies with low income, elderly and disabled clients;

Representatives from adjoining MPOs;

Traffic safety and enforcement agencies;

Chambers of commerce; economic development organizations;

Members of the state legislature representing study area communities;

Appropriate state and federal agencies, including the NHDOT (including divisions/bureaus of
Planning, Public Transportation/Railroads and Aeronautics), NHDES-Air Resources; N.H. Port
Authority; PDA; DRED, FHWA, FTA, FAA, EPA;

Individuals and interest groups with a demonstrated interest in transportation issues;

Major businesses and business and industry associations;

Schools and colleges;

Transportation and highway user groups;

Neighborhood associations;

Those underserved by the transportation system;

Existing members of the MPO TAC and Policy Committee not otherwise listed;

Contacts from newspapers, radio, TV (broadcast and local-access cable) media will be included
on the list.
This list will be used to keep individuals, groups and agencies informed about the development of the
Transportation Plan and to notify them about specific opportunities for public involvement. The MPO
will review and update the list of interested parties on a periodic basis and at least at the start of the
biennial Plan/TIP development cycle.
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7.3.2 – Public Notification of Transportation Plan Development
The MPO shall provide notice to the public of the intent to develop or update the Plan at the start of the
development process. This notice shall be published in at least one newspaper of general circulation in
the region, posted in the Town or City Halls of each community in the study area and sent to those
interested groups and agencies included on the list of interested and affected parties. The MPO shall
endeavor to reach those potentially interested in the Plan's development using appropriate means which
may include, but are not limited to: newsletters, new releases, newspaper inserts, windshield flyers,
utility bill inserts, bulletin boards, transit distribution, public service advertisements, and local cable TV
access programming.
The notice shall include at least the following information: a brief description of the anticipated
planning process and action to be taken; how the Plan may affect the region; a general schedule of the
Plan development or amendment; an explanation of what opportunities there will be for public comment
and participation, and an MPO contact for obtaining further information.
7.3.3 – Establish Transportation Plan Advisory Committee
The MPO, at its discretion, may establish an Advisory Committee to provide technical and policy
guidance to staff in the development of the draft Plan. The Advisory Committee will be citizen-based
and function in an advisory capacity to the TAC, the Policy Committee and the staff. The purposes of
the Advisory Committee are: 1) to assist the staff in identifying transportation system deficiencies and
potential solutions; 2) to provide interested and affected parties an opportunity for direct involvement in
the development of the Plan and 3) to act as a conduit of information to and from broader community
and agency interests.
If an Advisory Committee is established it shall be the responsibility of the MPO to ensure that it
includes balanced representation from a variety of transportation interests. If a separate advisory
committee is not established, the TAC and Policy Committee shall actively serve in an advisory capacity
to the staff during the Plan's development. The MPO staff shall provide information to the Advisory
Committee (or to the Technical and Policy Committee if none) in the form of handouts, summaries, draft
plan sections, presentations and other means to facilitate their informed input into the process.
7.3.4 – Public Informational/Discussion Meetings
At appropriate points during the development of the Plan the MPO will hold public informational
meetings to discuss aspects of the Plan, including transportation system deficiencies, alternative
solutions, project priorities and other issues as appropriate. At least one such public informational
meeting will be held to initiate the Plan development process and for the purpose of collecting, in an
informal setting, opinions and ideas for the Plan. A 30-day public notice shall be provided for this initial
meeting.
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Public notice for these meetings shall be published in at least one newspaper of general circulation in the
region, posted in the Town or City Halls of each community in the study area, and sent to those
interested groups and agencies included on the list of interested and affected parties at least 10 days
prior to the meeting. The MPO may use a variety of approaches to foster effective public involvement.
7.3.5 – Public Hearing on Draft Plan
Upon completion of the draft Plan, the MPO shall schedule a public hearing on the document.
Individuals and organizations identified on the "interested and affected parties" list previously
established shall be notified and offered the opportunity to participate in and/or offer comment. The
purpose of the hearing will be primarily for the MPO to collect comments regarding the content of the
draft Plan.
A public notice of the hearing shall be published, posted and distributed in the manner prescribed in
Section 7.3.4 above. The notice should encourage the submission of written comments by those unable
to attend the hearing. A comment period of 30 days beginning from the date of the hearing notice shall
be provided during which comments may be submitted for consideration. The Draft Plan shall be made
available for inspection at the time of the hearing notice. Copies of the Plan shall be made available at
accessible locations including the RPC and SRPC offices and in at least four other publicized locations
throughout the study area.
At the hearing, the MPO shall present the information developed and receive comments regarding the
contents of the draft Plan. A handout should be made available to all meeting attendees, summarizing
the contents of the Draft Plan. A brief presentation should be given by the MPO at the hearing of the
methods and results of the evaluation conducted and of the contents of the draft Plan. Comments should
be encouraged and MPO staff will document all substantive comments received during the proceedings.
All written comments received will, to the extent feasible, be acknowledged in writing.
7.3.6 – Preparation of Final Plan
Using the public input gained from the previous steps, the MPO will prepare the final Plan. If
substantive written or oral comments are received on the draft Plan, either through the public
involvement process or through the interagency consultation process, a summary, analysis, and reporting
of the disposition of those comments shall be included in the final Plan.
If the final Plan will contain substantive changes from the one which was made available for public
comment, or raises new material issues which interested parties could not reasonably have foreseen from
the public involvement efforts, the MPO shall provide an additional duly noticed public comment period
on the revised draft Plan of not less than 10 days.
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The final Plan shall include documentation and support for its contents, a summary of all public
comments received and MPO responses, and the public involvement process implemented in its
development. The final Plan must be made available to the public for review. The MPO shall provide
one copy of the final Plan to each town/city hall and each public library in the study area and maintain a
library of additional copies for lending to interested parties. A public notice of availability shall be
distributed to the individuals and organizations on the list of "interested and affected parties."
7.4
Public Involvement Procedure for the Development of the TIP
7.4.1 – General
When developing the TIP, the MPO shall follow the same public involvement procedures as described
for the Transportation Plan in Sections 7.3.1 through 7.3.6, except that the following additional steps
pertaining to project selection criteria shall apply whenever changes in the criteria are proposed.
7.4.2 – Development of Project Selection Criteria
The development or substantive change in the MPO's TIP project selection criteria shall be subject to the
public hearing process. The initial development of, and subsequent amendments to the TIP selection
criteria shall be accomplished before the start of the biennial TIP development process. Prior to
beginning, the MPO shall notify the public of its intention to develop TIP selection criteria and shall
hold one or more public informational meeting(s) to gather public opinion on the criteria and selection
process should be used. Project selection criteria (which defines the process, procedures and criteria
which will be used to select projects for the TIP) shall be developed in consultation with the TAC, the
NHDOT, NHDES-Air Resources Division and other agencies and organizations as deemed appropriate.
Prior to adoption of new or revised project selection criteria, it shall be subject to public review and
comment through the public hearing process and carried out in the same manner as prescribed in Section
7.3.5.
7.4.3 – Concurrent Plan and TIP Development
At its discretion, the MPO may choose to develop the TIP concurrently with the Plan. If developed
concurrently, no separate public involvement procedures shall be required for the TIP except as
specified in Section 7.4.
7.5
Public Involvement Process for Amending Plans and TIPS
By federal rule, in non-attainment areas, the Transportation Plan must be updated at least every three
years and the TIP must be updated every two years. Whenever amendments to either the Plan or the TIP
are proposed during the period between updates, the MPO shall, at a minimum, carry out the following
portions of the regular public involvement process:
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7.5.1 – Public Notice and Public Hearing on Amended Plans and TIPS
The MPO shall schedule a public hearing on any amendment to the Plan or TIP which is proposed.
Individuals and organizations identified on the "interested and affected parties" list previously
established shall be notified and offered the opportunity to participate in and/or offer comment.
A public notice of the hearing shall be published, posted and distributed in the manner prescribed in
Section 7.3.4 above. The notice shall include at least the following information: notice to the public of
the intent to amend the Plan or TIP; a brief description or summary of the amendment(s) proposed and
actions to be taken; why the amendment is being proposed; an explanation of what opportunities there
will be to receive public comment, details of the hearing itself including date, time and location; and an
MPO contact for obtaining further information.
A comment period of 10-30 days beginning from the date of the hearing notice shall be provided during
which comments may be submitted for consideration. The draft Plan or TIP amendments shall be made
available for inspection at the time of the hearing notice. The information shall be made available at
accessible locations including the SRPC office and in at least two other publicized locations throughout
the study area.
At the hearing, the MPO shall present the amendment(s) and receive comments regarding them. A
handout should be made available to all meeting attendees summarizing and explaining the
amendment(s). MPO staff will document all substantive comments received during the proceedings.
Written comments received will be acknowledged and responded to in the final document.
7.5.2 – Preparation of Final Plan or TIP Amendments
If substantive written or oral comments are received on the proposed amendments, either through the
public involvement process or through the interagency consultation process, a summary, analysis, and
reporting of the disposition of those comments shall be included in the final amendment to the Plan or
TIP.
If the final amendment will contain substantive changes from the one, which was made available for
public comment, or raises new material issues which interested parties could not reasonably have
foreseen, the MPO shall hold an additional public hearing, per the provisions of Section 7.3.6, on the
revised amendment(s).
The final amendments to the Plan or TIP shall include a summary of all public comments received and
MPO responses. The final amendments to the Plan or TIP must be made available to the public. The
MPO shall provide one copy to each town or city hall and each public library in the study area and
maintain additional copies for lending to interested parties. A public notice of availability shall be
published and distributed to the individuals and organizations on the list of "interested and affected
parties."
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SECTION 8 - AMENDMENTS TO THE PROSPECTUS
8.1
Review
The signatories to this Prospectus shall, at least on a biennial basis review the contents of the document
to identify changes that should be made to reflect current circumstances. Following review and the
preparation of proposed changes, the Prospectus shall be readopted by the signatories.
8.2
Termination; Amendments
In addition, during the interim period between formal review, any signatory may, with 60 days advanced
notice provided to the other signatories, terminate the agreement embodied in Sections 1-7 of the
Prospectus and request, for cause, that amendment to the Prospectus be made. Following the
preparation of the proposed amendments, the Prospectus may be readopted by the signatories.
8.3
Separate Agreements
The interagency agreement contained in Appendix B is considered a separate agreement and is not
subject to the termination and amendment provisions specified in this section.
8.4
CFRs and Rules
Future revisions to CFRs and Administrative Rules in the Prospectus that have been through the
required public review process and have been approved by the appropriate overseeing legislative body
will be considered technical revisions to the Prospectus, not requiring an additional public review
period. Changes will be noted in the Record of Amendments section of the Prospectus as “Technical
Revisions.”
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APPENDIX A
SAFETEA-LU TRANSPORTATION PLANNING GOALS
The President signed SAFETEA-LU into law during 2005. SAFETEA-LU, which is the largest surface
transportation investment in the history of the U.S., builds on the foundation of earlier legislation
designed to maintain and expand our essential transportation infrastructure. The legislation continues to
support funding for core programs and also includes increased flexibility to address additional
investment areas such as:

Safety – SAFETEA-LU establishes a Highway Safety Improvement Program and targets other
related areas of concern such as older drivers, pedestrians, Safe Routes to School and work
zones.

Equity – Each state is guaranteed a specific rate of growth in funding over previous legislation
and an Equity Bonus program has been established to ensure that each state’s return on it share
of contributions to the Highway Trust Fund is at least 90.5 percent (FY 2005).

Innovative Finance – The legislation encourages private sector participation in highway
infrastructure projects and provides for additional flexibility to further stimulate private
investment.

Congestion Relief – SAFETEA-LU allows states more flexibility to implement congestion
pricing, real-time traffic management policies to improve transportation security and improve the
quality of information provided to travelers and agencies that respond to emergencies and other
related incidents.

Mobility and Productivity – The legislation includes a significant investment in programs to
improve interregional and international transportation as well as funding for high-cost
transportation infrastructure projects of national and regional significance.

Efficiency – SAFETEA-LU promotes the use of innovative technologies and other practices to
improve the efficiency of highway and bridge construction.

Environmental Stewardship – Funding for environmental programs is increased and also new
environmental requirements for the Statewide and Metropolitan planning process.

Environmental Streamlining – SAFETEA-LU incorporates changes aimed at streamlining the
environmental process including new review procedures for highway, transit and multimodal
projects that result in increased authority and responsibilities for transportation agencies.
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APPENDIX B
MEMORANDUM OF UNDERSTANDING FOR CONTINUING TRANSPORTATION
PLANNING BETWEEN THE STRAFFORD METROPOLITAN PLANNING
ORGANIZATION, NH DOT AND COAST
MEMORANDUM OF UNDERSTANDING
FOR
CONTINUING TRANSPORTATION PLANNING
FOR THE PORTSMOUTH/DOVER/ROCHESTER URBANIZED AREA
BETWEEN
STATE OF NEW HAMPSHIRE, DEPARTMENT OF TRANSPORTATION
STRAFFORD REGIONAL PLANNING COMMISSION, AND
COOPERATIVE ALLIANCE FOR SEACOAST TRANSPORTATION (COAST)
This Memorandum of Understanding is made and entered into between the State of New Hampshire
Department of Transportation (hereinafter referred to as "NHDOT"), and the Strafford Regional
Planning Commission (SRPC) --which are jointly responsible for carrying out the 3C's MPO Policy
process for Strafford Metropolitan Planning Organization (hereinafter referred to as the "SMPO"), -and the Cooperative Alliance for Seacoast Transportation, the operator of the publicly owned transit
system in the urbanized area, (herein referred to as "COAST").
RECITALS
WHEREAS, various federal grants and aids are available to NHDOT, transit operators and the MPO to
carry out urban transportation planning activities; and
WHEREAS, the Governor of New Hampshire and local communities within the
Portsmouth/Dover/Rochester urbanized area (hereinafter referred to as "Urbanized Area"), through their
authorized representatives, have designated the MPO to carry out urban transportation planning
activities for the Urbanized Area; and
WHEREAS, COAST provides mass transportation services within the Urbanized Area and in other
portions of the MPO Study Area; and
WHEREAS, COAST is a designated recipient in the Urbanized Area for federal transit operating aids
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under Section 9 of the Federal Transit Act, as amended; and
WHEREAS, urban transportation planning activities come under the jurisdiction of the U.S. Department
of Transportation (hereinafter referred to as "USDOT") and are subject to the metropolitan planning
requirements of 23 USC 134 and Section 8 of the Federal Transit Act, as amended; and
WHEREAS, metropolitan area boundaries for purposes of the federal planning provisions have been
determined by agreement between the Regional Planning Commissions and Governor,
THEREFORE, BE IT RESOLVED, that the following provisions of this Memorandum of
Understanding are agreeable to all parties;
Article I: Statement of Purpose
The NHDOT and MPO, in cooperation with COAST, shall cooperatively undertake a continuing,
comprehensive transportation planning programming process for the metropolitan area in accordance
with state and local goals for urban planning, the provisions of 23 U.S.C. 134, 49 U.S.C App. 1607, and
23 CFR 450, as amended, and in accordance with provisions of this Agreement.
Article II: Overall Responsibilities
A.
MPO shall be responsible for and shall be considered the lead agency in conducting the
following transportation planning and programming activities pursuant to 23 CFR 450:
1.
Formulating, approving and periodically updating a long range intermodal transportation
plan for the metropolitan area which shall conform to all applicable federal requirements,
management systems and work program content and schedules;
2.
Developing and adopting, on a biennial basis, the TIP for the metropolitan planning area
which shall conform to all applicable federal requirements, which shall cover a period of
3 years and may include projects beyond 3 years for information purposes only;
3.
Coordinate development of the transportation plan with the SIP development process in
order to account for transportation control measures, which may be required;
4.
Assessing the conformity of the metropolitan area transportation plan and TIP with the
SIP for Air Quality;
5.
Preparing in cooperation with the NHDOT and COAST annual or biennial unified
planning work program (UPWP), which shall identify all transportation-related planning
activities and technical assistance to be funded with local and federal financial aid and
carried out in accordance with the provisions of this Memorandum of Understanding;
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6.
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Providing a forum for cooperative transportation planning and decision making, and
establishing a public involvement process that ensures opportunities for early and
continuing involvement of communities, transit operators, other interested parties, and
the general public in the review and evaluation of all transportation plans and programs;
7.
Considering and implementing planning guidance from the NHDOT to the fullest extent
consistent with local and regional goals and Federal requirements;
8.
Making data, assumptions, criteria, methodology and analyses available in a timely
manner to NHDOT and other MPO participants when requested;
9.
Providing NHDOT and the Transit Operator with copies of all transportation plans and
programs and all resolutions concerning their adoption or endorsement;
10.
Providing NHDOT with an annual self-certification that the MPOs' transportation
planning process conforms with all applicable federal requirements pursuant to 23 CFR
450; and
11.
Complying with ADA plan certification procedures as required in CFR Section 37.139;
12.
Establishing, in cooperation with NHDOT and FHWA, the functional classification of
roadways within the urban area.
13.
Assist COAST in the development of CMAQ funding proposals.
14.
Conduct studies and travel demand model analyses relative to proposed alternatives of
transit services.
NHDOT shall be responsible for and shall be considered the lead agency in conducting the
following transportation planning and programming activities;
1.
Informing the MPO of the availability, or anticipated availability, of state and federal
financial aids and technical assistance for its urban transportation planning activities;
2.
Providing information relative to the anticipated availability, of state and federal financial
aids for urban transportation improvements and services, which fall under local
programming jurisdiction;
3.
Providing information relative to the proposed programming of state and federal financial
aids for urban transportation improvements and services, which fall under state
jurisdiction;
4.
Informing the MPO of federal or state statutes, policies, regulations and guidelines which
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bear upon urban transportation planning and programming activities and contractual
arrangements;
5.
Coordinating the development of the schedule and procedures for annual or biennial
submittal and interagency review and approval of the transportation Unified Planning
Work Program (UPWP);
6.
Developing and issuing statewide guidance for the preparation of transportation plans and
TIPs;
7.
Providing technical support, data and information collected or maintained by NHDOT,
and to the extent feasible, data from other state agencies that is pertinent to the
transportation planning work to be performed by the MPO under this Agreement;
8.
Developing, implementing and providing appropriate access to the management and
monitoring systems required by 23 U.S.C. 303 in cooperation with the MPO and
COAST;
9.
Utilizing the MPO transportation plan, as a guide in statewide planning and programming
activities;
10.
Actively solicit the involvement of the MPO and relevant RPC as appropriate in any
major study to be undertaken by the NHDOT in the study area.
11.
Forwarding the MPO TIP to the Governor for approval;
12.
Actively participating in the 3Cs process including preparation or updating of the
Prospectus, UPWP, Transportation Plan and TIP through representation on TAC and
Policy Committees;
13.
Preparing, updating or amending the statewide long range intermodal transportation plan
and State Transportation Improvement Program (STIP), including the metropolitan
planning area, pursuant to the provisions of 23 U.S.C. 135, in cooperation with the MPO
and COAST;
14.
Coordinating the reconciliation of MPO transportation plans and programs with statewide
plans and programs, as necessary, to ensure connectivity and consistency within
transportation systems in consultation with the MPO;
15.
Monitoring the MPO's transportation planning process to ensure compatibility with State
and USDOT programs and objectives, and to ensure compliance with applicable federal
requirements;
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16.
C.
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Seeking input from the MPO on the development and periodic updates of the National
Highway System route designations;
17.
Developing and implementing a public participation process that fulfills federal
requirements for early and continuous involvement that is consistent and coordinated
with the MPO’s public involvement process;
18.
Providing the MPO and Transit Operator an opportunity to comment on NHDOT's draft
annual work program describing its use of federal funds.
19.
Forward to COAST for their review, evaluation and recommendation, all proposals
received for new or modified public transportation services in the region. The MPO shall
act in consultation with COAST and consider input received from COAST when
selecting and prioritizing projects for the Transportation Plan and the TIP.
COAST shall be responsible for and shall be considered the lead agency in conducting the
following transportation planning and programming activities:
1.
Coordinating with and assisting the MPO in the development and update of the Transit
component(s) of the Transportation Plan which may include, but not be limited to transit
system policies and service demands, transit service modifications and extensions, transit
fares, and transit system capital facilities needs;
2.
Providing information to the MPO relative to the proposed programming of federal, state
and local funds for urban transit system improvements and services, which fall under
Transit Operator’s jurisdiction;
3.
Preparing and submitting applications for state and federal mass transportation capital
and operating assistance grants and administering approved grants;
4.
Conducting preliminary engineering and final design studies relating to mass
transportation capital facilities, including but not limited to transit stations, shelters, bus
stop signs, garages, maintenance buildings, operator buildings, and rolling stock and
sharing this information with the MPO, NHDOT, and FTA;
5.
Conducting detailed operational planning necessary to establish or modify transit routes,
schedules, fares, stop locations, transfer points, vehicle assignments, and other operating
procedures in accord with the proposals contained in transit component(s) of the
transportation plan, and sharing this information with the MPO, NHDOT, and FTA;
6.
Seeking MPO planning assistance utilizing Section 8, 9 or 26A FTA funds as part of the
MPO's biennial UPWP to complete various transit technical assistance, coordination, or
planning activities;
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7.
Preparing and updating paratransit service plans in conformance with the Americans with
Disabilities Act of 1990;
8.
Endorsing or providing timely comment on the MPO transportation plan in a timely
manner, for use as a guide in local transit planning and programming activities;
9.
Conducting transit marketing planning, including but not limited to the conduct of market
surveys, the design of user information materials, and the development of transit
promotion programs;
10.
Conducting transit management planning, including but not limited to activities related to
personnel policies and training programs, maintenance policies, fare collection and
handling procedures, and accounting practices; and
11.
Collecting data to meet the requirements of Section 15 of the Federal Transit Act and of
the NHDOT Public Transportation Management System (PTMS) and Intermodal
Management Systems (IMS) and make the data available to the NHDOT and MPOs as
appropriate to their transit planning needs.
12.
Consult with the MPO at an early stage when preparing significant changes in routes,
fares or schedules or when proposing major investments in the public transportation
infrastructure.
13.
Review, evaluate and provide timely recommendations to the MPO regarding federally
funded public transportation projects proposed in the region.
14.
Be the lead agency for the development of a coordinated public transportation system in
the Seacoast Region of New Hampshire, and, where appropriate as determined by the
funding agencies, be responsible for receiving, managing and brokering public
transportation funds for use in the region, including funds transferred to FTA from
FHWA.
Article III: Work Program
A.
NHDOT, MPO and Transit Operator shall give each other and applicable USDOT agencies the
opportunity to review and comment on their respective reports or plans as specified in the UPWP
prior to publication of the final report or plan.
B.
All reports and documents published by all parties under this Memorandum of Understanding
shall give credit to all other parties and to participating USDOT agencies.
C.
NHDOT and USDOT shall have the royalty-free nonexclusive and irrevocable right to
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reproduce, publish, distribute, or otherwise use, and to authorize others to use, the work
produced under this Memorandum of Understanding for government purposes.
Article IV: Funding and Payment
A.
Funding levels for the continuing urban transportation planning process shall result from the
mutually approved PL, and Section 8 formulas, and will be reviewed by the NHDOT and MPOs
annually in conjunction with the preparation, review and approval of the UPWP.
B.
Upon inclusion of the MPO's and Transit Operator’s planning elements into the UPWP, adoption
by MPO, and approval by NHDOT and by USDOT funding agencies, the UPWP shall be
deemed to constitute a part of this Memorandum of Understanding with respect to the scope of
work and funding arrangements. Specific terms or conditions governing the financial aspects of
the UPWP will be set forth in NHDOT's annual contract.
C.
All costs incurred during the progress of the urban transportation planning work activities under
this Memorandum of Understanding shall be shared by MPO and the other participating agencies
on the basis of the cost allocation schedule set forth in the approved UPWP.
NHDOT's share of program costs, together with any USDOT share, which is administered by
NHDOT, will be made available to MPO following the receipt of a properly executed invoice
and a detailed status of expenditures report in a format compatible with the approved UPWP.
Progress reports containing a narrative and financial account of the work accomplished to date
shall be furnished by MPO to the NHDOT, Transit Operator and USDOT agencies at not less
than a quarterly interval. These reports shall be due with each payment request, but not later
than 30 days after the end of the first, second and third quarters, and 60 days after the final
quarter. NHDOT will provide timely reimbursements of eligible charges, however, it may
withhold or delay approval of invoice if the MPO fails to submit progress reports or scheduled
products in timely and satisfactory manner.
Article V: Scope of Work and Geographic Area
A.
The cooperative urban transportation planning process shall be carried out in accordance with a
unified planning work program approved by the MPO, NHDOT, and USDOT in consultation
with appropriate transportation providers, and made a part of this Memorandum of
Understanding which shall constitute the scope of work to be performed under this
Memorandum of Understanding.
It is the intent of this MOU that the urban transportation planning process appropriately address
the 15 factors and the State transportation planning process appropriately address the 21 factors
identified in 23 USC 134.
The UPWP shall set forth a description of the specific urban transportation planning activities
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and products to be completed each fiscal year, the corresponding staff and budgetary
requirements, and the allocation of the total costs between the participating agencies.
Responsibilities for the following planning activities shall be identified in the UPWP where
applicable:
1.
Preparing technical and other reports to assure documentation of the development,
refinement and reappraisal of the transportation and transit plans, and
2.
B.
Conducting detailed corridor, subarea, or transit studies to evaluate major transportation
or transit investment alternatives and their social, economic and environmental impacts
pursuant to 23 CFR 450.
Upon adoption of the UPWP by MPO and approval by NHDOT and by USDOT funding
agencies, NHDOT shall, in writing, authorize the MPO to proceed with the UPWP in accordance
with the terms and conditions of such approval.
The UPWP may be amended during the course of the year upon written request of MPO and
subject to (1) the concurrence of NHDOT and USDOT funding agencies, and (2) the availability
of funding if applicable.
C.
The cooperative urban transportation planning process to be conducted under this MOU and
governed by the provisions of 23 CFR 450 shall encompass the metropolitan planning area, as
determined by agreement between the Governor and the MPO.
Article VI: Organization and Administration
A.
The governing body of the MPO shall appoint and maintain such policy, citizen and/or TAC
deemed appropriate to effectively carry out the comprehensive transportation planning process
under this MOU. NHDOT and the Transit Operator shall be represented on all TAC that are
applicable.
B.
The MPO may enter into such institutional arrangements, service contracts or agency agreements
as it deems necessary to carry out the scope of work under this MOU with the understanding that
the MPO shall remain accountable for completion of planning products in accordance with the
UPWP. All such contracts, subcontracts, agreements or other written understandings for services
shall conform to the appropriate provisions of 49 CFR 18 (common rule) as supplemented by 23
CFR 20 issued by the FHWA & FTA Circular 4220.1B and any changes or revisions thereto; and
other applicable guidance the FTA or FHWA may issue.
C.
When consultants are to be employed in accomplishing work under this MOU or annual UPWP,
all parties providing funding or technical support for such work shall have the right to review and
advise on basic study methods and procedures.
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Article VIII: Effective Date and Duration of Memorandum of Understanding
A.
This MOU shall become effective upon execution by the NHDOT, MPO and Transit Operator,
and shall remain in force until terminated under provisions of Article IX, or until superseded by a
new agreement.
B.
This MOU may be amended from time-to-time as facts or circumstances warrant or as may be
required by state or federal laws, administrative regulations, or other orders or guidelines having
the full force and effect of law.
Article IX: Termination of MOU
The NHDOT, MPO or Transit Operator may terminate this MOU by giving sixty (60) day written notice
of such termination to the other parties. In the event of termination, the MPO or Transit Operator will
be entitled to receive just and equitable compensation for any satisfactory work completed under this
MOU to the effective date of such termination.
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IN WITNESS WHEREOF, the parties have hereto caused this Memorandum of Understanding to be
executed by their proper officers and representatives.
FOR STRAFFORD METROPOLITAN PLANNING ORGANIZATION:
STRAFFORD REGIONAL PLANNING COMMISSION
By ________________________________________
Chair
Date_____________________________
FOR STATE OF NEW HAMPSHIRE DEPARTMENT OF TRANSPORTATION:
By_________________________________________
Commissioner or Designee
Date_____________________________
FOR COOPERATIVE ALLIANCE FOR SEACOAST TRANSPORTATION:
By___________________________________________
Chair
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Date____________________________
APPENDIX C
ADMINISTRATIVE RULE FOR AIR QUALITY CONFORMITY DETERMINATION AND SIP
REVISIONS GOVERNING CONFORMITY DETERMINATIONS OF: TRANSPORTATION
PLAN, PROGRAMS AND PROJECTS (pursuant to approved modifications or amendments by
the New Hampshire Legislative Body)
ENV-A 1500 - TRANSPORTATION CONFORMITY
http://des.nh.gov/organization/commissioner/legal/rulemaking/documents/env-a1500-adpt-pst.pdf
2011-80 Adopted to be effective 10-01-11
Effective October 1, 2011, Env-A 1500 reads as follows:
CHAPTER Env-A 1500 CONFORMITY
Statutory Authority: RSA 125-C:4, I(a)
PART Env-A 1501 PURPOSE AND APPLICABILITY
Env-A 1501.01 Purpose.
The purpose of this chapter is to implement §176 of the Clean Air Act (the Act), as amended, and 40
CFR 93, relative to conformity determinations for transportation plans, programs, and projects and
federal actions, to ensure that the purpose and intent of the state implementation plan (SIP) are being
met.
Env-A 1501.02 Applicability.
This chapter shall apply as specified in Env-A 1503.02 and Env-A 1504.02.
PART Env-A 1502 REFERENCES AND DEFINITIONS
Env-A 1502.01 References.
(a) For the purpose of this chapter, unless otherwise specified all references to 23 CFR 450 shall be to
the April 1, 2011 edition.
(b) For the purpose of this chapter, unless otherwise specified all references to 40 CFR 93, including
any subpart thereof, shall be to the July 1, 2011 edition.
Env-A 1502.02 Federal Definitions Incorporated.
Except as specified in Env-A 1502.03 or Env-A 1504.03, the definitions contained in and referred to in
40 CFR §93.101 shall apply to the terms used in this chapter.
Env-A 1502.03 Definitions.
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(a) “Interagency consultation” means a meeting or other formal consultation process convened or
initiated pursuant to Env-A 1503.08.
(b) “Large scale development” means a development that is expected to generate 10,000 or more
vehicle trip ends on any typical summer day.
(c) “Long-range statewide transportation plan” means “long-range statewide transportation plan” as
defined in 23 CFR §450.104, namely “the official, statewide, multimodal, transportation plan covering a
period of no less than 20 years developed through the statewide transportation planning process.”
(d) “Maintenance area” means any geographic region of New Hampshire previously designated as a
nonattainment area pursuant to the Act, and subsequently redesignated to attainment subject to the
requirement to develop a maintenance plan that is subject to transportation conformity measures under
§175A of the Act.
(e) “Metropolitan planning organization (MPO)” means “metropolitan planning organization” as defined
in 23 CFR §450.104, namely “the policy board of an organization created and designated to carry out
the metropolitan transportation planning process.”
(f) “Nonattainment area” means any geographic region in New Hampshire designated as a
nonattainment area by EPA under §107 of the Act for any pollutant for which a NAAQS exists.
(g) “Provide access to” means:
(1) For any document(s) for which access is being provided to a specific entity (recipient entity), to
do one or more of the following:
a. Send a paper or electronic copy of each document to each recipient entity;
b. Post a copy of each document on a web site that is accessible by each recipient entity and
notify the recipient entity(ies) of the document’s URL; or
c. Make a paper or electronic copy of each document available for inspection at the providing
entity’s office and notify each recipient entity of the availability of the document for inspection; or
(2) For documents for which access is being provided to the public, to comply with the requirements
of RSA 91-A:4.
(h) “Regional planning commission (RPC)” means any specific planning region as delineated by the
office of energy and planning or otherwise established as specified in RSA 36:45 through RSA 36:58.
For the purposes of this chapter, the reference to RPCs includes only those RPCs with municipalities
located in a nonattainment or maintenance area.
(i) “Significant comments” means, for purposes of conformity findings, comments relating to any issue
or data that have the potential to change the outcome of a conformity determination, including but not
limited to the following:
(1) Incorrect project design concept and scope that could affect emissions analysis;
(2) Improper or missing analysis years;
(3) Regionally significant projects improperly reflected in the emissions analysis;
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(4) Incorrect emission factors;
(5) Missing pollutant analyses;
(6) Projects improperly placed in a baseline scenario;
(7) Incorrect comparison with SIP emissions budgets; and
(8) Failure to list not exempt projects as specified in Env-A 1503.14 in the emissions analysis.
(j) “Statewide transportation improvement program (STIP)” means “a statewide transportation
improvement program (STIP)” as defined in 23 CFR §450.104, namely “a statewide prioritized listing/
program of transportation projects covering a period of four years that is consistent with the long-range
statewide transportation plan, metropolitan transportation plans, and TIPs, and required for projects to
be eligible for funding under title 23 U.S.C. and title 49 U.S.C. Chapter 53.”
(k) “Transportation improvement program (TIP)” means “a transportation improvement program
(TIP)” as defined in 23 CFR §450.104, namely “a prioritized listing/program of transportation projects
covering a period of four years that is developed and formally adopted by an MPO as part of the
metropolitan transportation planning process, consistent with the metropolitan transportation plan, and
required for projects to be eligible for funding under title 23 U.S.C. and title 49 U.S.C. Chapter 53.”
PART Env-A 1503 TRANSPORTATION CONFORMITY
Env-A 1503.01 Purpose. The purpose of this part is to implement the following provisions relating to
transportation conformity:
(a) The consultation procedures required by 40 CFR §93.105;
(b) The control measures required by 40 CFR §93.122(a)(4)(ii); and
(c) The mitigation measures required by 40 CFR §93.125(c).
Env-A 1503.02 Applicability. This part shall apply as specified in 40 CFR §93.102.
Env-A 1503.03 Conformity to State and Federal Implementation Plans.
(a) All transportation plans, programs, and projects developed, funded, or approved by the state of
New Hampshire shall conform to the SIP or federal implementation plan (FIP) developed pursuant to
§110 and §§171 through 193 of the Act.
(b) Conformity determinations shall be made in accordance with §176 of the Act and 40 CFR 93,
Subpart A.
Env-A 1503.04 Metropolitan Planning Organizations (MPOs).
(a) When used in this chapter, the term “metropolitan planning organizations (MPOs)” shall include the
Southern New Hampshire MPO, the Nashua MPO, the Strafford MPO, and the Rockingham MPO.
(b) Each MPO shall serve as a forum for cooperative transportation decision-making.
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Env-A 1503.05 Roles and Responsibilities of the Department. The department shall:
(a) Develop and implement the SIP and its revisions;
(b) Monitor progress in achieving the NAAQS;
(c) Consult with representatives of the NH department of transportation (NHDOT), MPOs, RPCs,
EPA, Federal Highway Administration (FHWA), and Federal Transit Administration (FTA) at the
initiation of and during the development of SIP revisions pertaining to mobile sources, including those
relating to inventories, budgets, forecasts, and strategies for reduction of emissions, transportation
control measures(TCMs), transportation conformity, general conformity, area classifications, and
redesignations;
(d) Coordinate with EPA on issues related to the SIP and transportation;
(e) Coordinate with NHDOT, MPOs, RPCs, and EPA to determine inputs for air quality analysis
emissions modeling on MPO transportation improvement programs (TIPs), transportation plans, and
projects;
(f) Provide assistance to NHDOT, RPCs, and MPOs during transportation planning processes relating
to air quality, including but not limited to emissions modeling, emissions budget comparisons,
exempt/not exempt project lists, and regionally significant projects;
(g) Review and provide comments on the conformity determinations for metropolitan transportation
plans, TIPs, and NHDOT regional emissions analyses of transportation projects outside MPO areas or
in areas covered by more than one MPO; and
(h) Forward unresolved disputes regarding conformity determinations to the governor of New
Hampshire for resolution in accordance with Env-A 1503.18.
Env-A 1503.06 Roles and Responsibility of NHDOT. In implementing 23 CFR 450, NHDOT shall:
(a) Act as the lead agency responsible for coordinating and planning multi-regional and statewide
transportation systems;
(b) Develop a long-range statewide transportation plan and a statewide transportation improvement
program (STIP) as specified in RSA 228:99;
(c) Obtain required FHWA and FTA approvals for the STIP;
(d) Develop, in coordination with MPOs and the department, current estimates of vehicle miles traveled
(VMT) for each nonattainment or maintenance area and forecasts of VMT necessary for input to the
SIP;
(e) Provide assistance to MPOs in performing analysis leading to transportation conformity
determinations in their regions;
(f) Conduct analyses and make transportation conformity determinations for all projects outside
MPO boundaries, but within nonattainment or maintenance areas;
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(g) Make project-level conformity determinations as required by 40 CFR 93.116, including hot-spot
analyses in carbon monoxide (CO) nonattainment or maintenance areas, for all projects in the STIP;
(h) Coordinate interagency consultation with MPOs, the department, RPCs, EPA, FHWA, and FTA at
the initiation of and during the transportation conformity determinations and transportation planning
processes relating to air quality issues such as VMT and speed estimates, exempt/not exempt project
lists, emissions modeling, emissions budget comparisons, and regionally significant projects;
(i) Coordinate conformity determinations in nonattainment or maintenance areas consisting of more
than one MPO area;
(j) Evaluate, select, maintain, and update a statewide transportation model capable of emissions
analysis in non-attainment areas outside MPO boundaries, in consultation with the department;
(k) Coordinate and consult with the department and EPA to determine appropriate data inputs into air
quality models used for emissions analysis in conformity determinations to ensure consistency with the
SIP;
(l) Consult with MPOs, RPCs, and the department in the selection and development of TCMs if
determined to be necessary or desirable to attain the NAAQS and in the preparation of the SIP with
respect to these measures;
(m) Provide assistance and comments to the department on SIP revisions dealing with mobile source
issues;
(n) Notify the department, MPOs, RPCs, FHWA, FTA, and EPA of STIP amendments which add or
delete exempt and non-exempt projects;
(o) Document timely implementation of TCMs which are in the SIP and transportation projects in the
STIP which have positive air quality impacts; and
(p) In cooperation with MPOs, develop a list of regionally significant public or private transportation
projects in accordance with Env-A 1501.14(c).
Env-A 1503.07 Roles and Responsibilities of MPOs. In implementing 23 CFR 450, each MPO shall:
(a) Develop a metropolitan transportation plan;
(b) Develop TIPs;
(c) Assist the department and NHDOT in determining current estimates of VMT and forecasts of
VMT necessary for input to the SIP development process;
(d) Implement public involvement procedures in the development of its metropolitan transportation plan
and TIPs including conformity determinations;
(e) Make conformity determinations for its metropolitan transportation plan and TIPs, with assistance
from NHDOT and the department;
(f) Coordinate and consult with NHDOT, EPA, and the department to determine appropriate data inputs
into emissions analysis models used for emissions analysis in conformity determinations to ensure
consistency with the SIP;
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(g) Consult with the department and NHDOT in the selection and development of TCMs for the
MPO area, if the department determines that TCMs are necessary or desirable to attain the NAAQS,
and assist in the analysis of these measures for inclusion in the SIP;
(h) Provide assistance and comments to the department on SIP revisions dealing with mobile source
issues in the MPO area;
(i) Consult with the department, NHDOT, EPA, FHWA, RPCs, and FTA in transportation conformity
determinations and transportation planning processes relating to air quality issues including but not
limited to VMT, speed estimates, emissions modeling, and emissions budget comparisons, exempt/not
exempt project lists, and regionally significant projects;
(j) Notify NHDOT, FHWA, FTA, EPA, other MPOs, RPCs, and the department of any amendments to
the MPO’s metropolitan transportation plan or TIPs that add or delete exempt and non-exempt projects;
(k) Evaluate, select, maintain, and update regional transportation models in nonattainment or
maintenance areas in cooperation with NHDOT, RPCs, and the department;
(l) Document implementation of TCMs which are in the SIP and transportation projects in the
MPO’s metropolitan transportation plan and TIPs which have positive air quality impacts;
(m) Through interagency consultation, develop a list of regionally significant projects in the MPO’s area
and provide the list to NHDOT and the department; and
(n) Provide preliminary conformity findings to the department.
Env-A 1503.08 Interagency Consultation.
(a) To facilitate the consultation required by 40 CFR §93.105, NHDOT shall schedule and convene
consultation meetings relating to the transportation conformity process as follows:
(1) Regular meeting shall be held no less frequently than semi-annually; and
(2) Additional meetings may be held as needed to facilitate interagency communications.
(b) NHDOT shall invite the department, MPOs, RPCs, EPA, FHWA, and FTA to participate in each
meeting convened pursuant to (a), above, provided however that a meeting shall qualify as a regular
meeting under (a)(1), above, only if representatives of NHDOT, the department, and MPOs are present.
One or more representatives may participate by electronic means provided the individual can hear and
be heard simultaneously by all other attendees.
(c) Any invitee listed in (b), above, may request NHDOT to schedule an interagency consultation
meeting at any time.
(d) The purpose of regular interagency consultation meetings shall be to discuss topics relevant to
transportation conformity requirements, including but not limited to the following:
1) Development of a SIP or SIP revisions, including but not limited to those involving transportationrelated issues and mobile sources;
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(2) Development of a metropolitan transportation plan or TIP, minor revisions to a TIP, or any
amendment(s) to a TIP, and any determination of conformity for such plans;
(3) Emissions budgets;
(4) TCMs and mitigation measures pursuant to 40 CFR 93.125(c) and 93.122(a)(4)(ii), respectively,
that are in the SIP or are being considered for inclusion in the SIP;
(5) Evaluation and determination of events that will trigger new conformity determinations; and
(6) Coordination of emissions analyses for transportation activities that cross the borders of
MPOs or nonattainment or maintenance areas or include areas outside of MPO boundaries.
Env-A 1503.09 Access to Materials.
(a) NHDOT or each MPO, as appropriate, shall provide access to the following materials to the
department no later than at the start of the public comment period for the metropolitan transportation
plan, TIP, or regional emissions analyses performed by NHDOT outside MPO areas:
(1) Lists of exempt/not exempt projects and regionally significant projects, regardless of funding
source;
(2) Metropolitan transportation plans, TIPs, and corresponding air quality analyses and conformity
determinations and analyses of all projects outside MPO boundaries, but within the nonattainment
or maintenance area;
(3) Amendments to the metropolitan transportation plans and TIPs and significant changes in
project design and scope since the previous conformity determination;
(4) Notices of public hearings and public comment periods for the metropolitan transportation plans,
TIPs, or regional emissions analyses performed by NHDOT;
(5) All correspondence received from EPA, FHWA, FTA, or MPOs regarding conformity
determinations and/or transportation planning processes relating to air quality issues; and
(6) STIP amendments in nonattainment or maintenance areas outside MPO areas.
(b) The department shall provide access to the following materials to NHDOT, EPA, FHWA, FTA,
MPOs, and RPCs for comment during the SIP development process and conformity determination
process:
(1) SIP revisions pertaining to mobile sources including inventories, budgets, forecasts, and
strategies for reduction of emissions, TCMs, transportation conformity, general conformity, area
classifications, and redesignations;
(2) Proposed and final inputs to emissions analyses models necessary for SIP development and
conformity determinations;
(3) Comments and guidance from EPA to the department regarding SIP development issues
relating to mobile sources and transportation; and
(4) Notices of public hearings and public comment periods on SIP revisions regarding mobile
sources or emissions budgets.
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(c) Each MPO shall provide access to its metropolitan transportation plan and TIPs that have received
a final conformity determination by the MPO to NHDOT and to the department.
(d) NHDOT shall provide access to the following materials as noted:
(1) The metropolitan transportation plans and TIPs to FHWA, EPA, and FTA for conformity findings;
and
(2) Any final regional emissions analysis for non-attainment or maintenance areas outside MPO
boundaries to the department, each MPO, the affected RPC, EPA, FHWA, and FTA.
(e) Access to all materials specified in (b) through (d), above, also shall be provided to the public for
review and comment.
Env-A 1503.10 Responding to Comments.
(a) After reviewing comments received on conformity determinations performed for TIPs, metropolitan
transportation plans, and any non-attainment or maintenance areas outside the MPO areas, NHDOT
shall:
(1) Document and respond to significant comments; and
(2) Include a compilation of written comments and responses in any final conformity determinations.
(b) After reviewing comments received on draft conformity determinations for the metropolitan
transportation plan and TIP, each MPO shall:
(1) Document and respond to significant comments; and
(2) Include a compilation of written comments and responses in the final metropolitan transportation
plan and TIP conformity determination.
(c) If any significant comment requires additional analysis, NHDOT, the department, and the
appropriate MPO(s) shall establish the appropriate course of action pursuant to 40 CFR 93, Subpart A.
Env-A 1503.11 Transportation Control Measures.
(a) If, after consultation as described in Env-A 1503.05(c), the department determines the need for
TCMs in the SIP, the following actions shall occur:
(1) The department shall request NHDOT to coordinate an interagency consultation to identify the
quantity of emissions reductions necessary;
(2) The department, NHDOT, affected MPO(s), and RPCs shall each prepare a list of appropriate
TCM(s) which potentially achieve the emissions reductions required, quantify the emissions benefits
from their proposed projects, and review funding availability, scheduling, and permitting issues for
the proposed TCM(s);
(3) NHDOT shall coordinate an interagency consultation to discuss the list of TCM(s) and
corresponding emissions benefits to be incorporated into the SIP;
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(4) The TCM(s) selected shall be incorporated into the affected metropolitan transportation plan(s),
affected TIP(s), and the STIP, if necessary, and go through the applicable public participation
process(es) necessary to amend the STIP, TIP(s), and/or metropolitan transportation plan(s);
(5) The TCM(s) shall include a written commitment to implement the measure from the responsible
entity per 40 CFR 93.122(a)(4)(ii); and
(5) The department shall develop a SIP revision in accordance with §110 of the Act which
incorporates the selected TCM(s) according to the implementation time frame agreed to by the
affected MPO(s), NHDOT, and the department.
(b) If TCMs are incorporated into the SIP, NHDOT shall:
(1) Track the implementation of the TCM project and provide periodic updates no less than annually
on implementation to the department, the affected MPO(s), and RPCs;
(2) Prepare an update on TCM(s), if any, identified in the SIP prior to conformity determinations and
provide the update to the department, affected MPO(s) and RPCs; and
(3) Coordinate an interagency consultation if TCM(s) are not on schedule or if funding for the
project is in jeopardy.
Env-A 1503.12 Regionally Significant Projects.
(a) Projects that are considered regionally significant for purposes of regional emissions analysis shall
include any transportation project that:
(1) Is not otherwise required to be included in the metropolitan transportation plan, TIPs, or STIP;
(2) Is not considered exempt according to the federal transportation conformity rule, 40 CFR
§93.126 and 40 CFR §93.127; and
(3) Is expected to have a significant impact on travel patterns, consistent with the definition of
regionally significant in 40 CFR §93.101 and as determined through interagency consultation.
(b) Each MPO shall:
(1) Maintain a list of regionally significant projects for inclusion in the conformity determinations in
its area based on information requested from communities in the MPO through established
committees including technical advisory committees and other public participation; and
(2) Provide access to the list of regionally significant projects to NHDOT and the department.
(c) Pursuant to 23 CFR 450, NHDOT shall:
(1) Develop a list of regionally significant projects in nonattainment or maintenance areas outside
an MPO area based on information regarding state funded or permitted projects and on information
gathered from RPCs in the nonattainment or maintenance areas;
(2) In cooperation with the MPOs and RPCs, combine the list described in (1), above, with the list of
regionally significant projects, described in (b)(1), above, from the MPOs and RPCs;
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(3) Provide access to the combined list described in (2), above, to the department, the MPOs,
RPCs, EPA, FHWA, and FTA as part of conformity determinations of the metropolitan
transportation plan, TIP or regional emissions analyses of projects outside MPO areas; and
(4) Provide information on regionally significant projects within MPO and RPC areas to the affected
MPO(s) and RPCs.
(d) When an application is received from a major traffic generator for access to a state-maintained
highway, NHDOT shall:
(1) Notify the affected MPO and RPC to make the MPO and RPC aware of potential traffic impacts
from major traffic generators; and
(2) If the application results in a transportation project which meets the criteria of a regionally
significant project, include that project on its list of regionally significant projects circulated as
specified in (c), above.
Env-A 1503.13 Emissions and Transportation Modeling. Pursuant to 23 CFR 450:
(a) NHDOT shall coordinate an interagency consultation for the evaluation and selection of both
microscale and mesoscale emissions models used in the conformity determination process for
metropolitan transportation plans, TIPs, and projects.
(b) MPOs shall:
(1) Evaluate and select the appropriate travel demand models for their area with input from
NHDOT;
(2) At the time of initial model selection or at the time when an MPO has decided to change to a
new model, notify EPA, FHWA, FTA, and the department; and
(3) If MPOs are located in nonattainment or maintenance areas, maintain regional transportation
models.
(c) NHDOT, FHWA, and FTA shall have an opportunity to comment on the development and
maintenance efforts of these models through approval of the unified planning work program.
(d) In areas where transportation models exist currently or are required in the future, MPOs shall
update, at least every 2 years, land use assumptions in the model to reflect any large scale
developments approved subsequent to the date of the last update.
Env-A 1503.14 Exempt/Not Exempt Project Lists. Pursuant to 23 CFR 450:
(a) Prior to making any conformity determinations, MPOs and NHDOT shall:
(1) Review all projects within nonattainment or maintenance areas that are on the STIP and TIPs, to
determine whether the projects are exempt under 40 CFR §§93.126 and 93.127; and
(2) Determine if any exempt projects shall be classified as not exempt because of potential
emissions impacts.
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(b) NHDOT and MPOs shall provide access to the department, RPCs, EPA, FHWA, and FTA for review
and comment a list of projects and their exempt/non-exempt status as part of conformity determinations
of metropolitan transportation plans, TIPs, and regional emissions analyses performed outside the
MPO areas.
Env-A 1503.15 Projects in PM2.5 and Nonattainment or Maintenance Areas. - RESERVED
Env-A 1503.16 Notification of Metropolitan Transportation Plan, TIP, or STIP Proposed Amendments
of Exempt Projects. Pursuant to 23 CFR 450:
(a) NHDOT shall notify the appropriate MPO(s), the department, affected RPCs, EPA, FHWA, and
FTA of any proposed STIP amendment which adds or deletes an exempt or non-exempt project as
listed in 40 CFR §93.126 and §93.127.
(b) MPOs shall notify NHDOT, the department, EPA, FHWA, and FTA of any proposed amendment to a
metropolitan transportation plan or TIP that adds or deletes an exempt or non-exempt project as listed
in 40 CFR §93.126 and §93.127.
Env-A 1503.17 Conformity in Nonattainment or Maintenance Areas Outside MPO Areas or
Containing More Than One MPO Area. Pursuant to 23 CFR 450:
(a) In portions of nonattainment or maintenance areas that are not included in an MPO area or that
contain more than one MPO area, NHDOT shall determine conformity of TIPs, metropolitan
transportation plans, and plans for any nonattainment or maintenance areas outside the MPO
boundaries, incorporating the most recent emissions analysis from the currently conforming
metropolitan transportation plan and TIP for all MPOs which are within the nonattainment or
maintenance area.
(b) In nonattainment or maintenance areas which contain more than one MPO, each MPO shall
consider the most recent emissions analysis from the other currently conforming metropolitan
transportation plans and TIPs within the region.
(c) NHDOT shall coordinate conformity determinations in nonattainment or maintenance areas with
more than one MPO.
Env-A 1503.18 Resolving Conflicts.
(a) During the public comment period on conformity determinations of metropolitan transportation plans,
TIPs, and NHDOT regional emissions analyses of transportation projects, the department shall:
(1) Review the conformity determination of such metropolitan transportation plans, TIPs, and
NHDOT regional emissions analyses;
(2) Submit written comments on the conformity determinations to the appropriate MPO and to
NHDOT as soon as possible but no later than the close of the public comment period; and
(3) Include in the comments specified in (2), above, a clear finding of concurrence or
nonconcurrence on the conformity determinations and a list of issues to be addressed, if any.
(b) If the department does not concur with the conformity determination, NHDOT or the appropriate
MPO, as applicable, shall submit a written response(s) to the department within 14 calendar days of the
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receipt of the department comments, which clearly addresses each of the stated issues either by
revising the determination or by explaining why the determination was not revised.
(c) If the issues cannot be resolved, the provisions of 40 CFR 93.105(d) relative to resolving conflicts
shall apply.
(d) Pursuant to 23 CFR 450, if a conflict arises among MPOs with respect to conformity determinations,
NHDOT shall:
(1) Act as the arbitrator; and
(2) Invite the department to any meetings held to resolve the conflict.
Env-A 1503.19 Public Consultation.
(a) Pursuant to 23 CFR 450, NHDOT, the department, and MPOs, RPCs, EPA, FHWA, and FTA shall
implement all applicable federal and state required public notification and public participation processes
throughout the interagency consultation process.
(b) MPOs shall provide a minimum of 10 days for receipt of public comment prior to taking a formal
action on conformity determinations of MPO transportation plans and MPO TIPs.
(c) NHDOT shall provide a minimum of 10 days for receipt of public comment prior to taking formal
action on conformity determinations of NHDOT regional emissions analysis in areas outside MPO
areas or in areas covered by more than one MPO.
Env-A 1503.20 Commitments for Regional Emissions Analysis.
In accordance with 40 CFR 93.122(a)(4)(ii), an MPO shall not include emissions reduction credits from
control measures that are not included in its metropolitan transportation plan or TIP and that do not
require a regulatory action in the regional emissions analysis used in the conformity determination
unless the MPO, FHWA, or FTA obtains written commitments, as defined in 40 CFR 93.101, from the
appropriate entities to implement those control measures.
Env-A 1503.21 Commitments for Project-Level Mitigation and Control Measures.
(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.
(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.
(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.
PART Env-A 1504 CONFORMITY OF GENERAL FEDERAL ACTIONS
Env-A 1504.01 Purpose.
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The purpose of this part is to implement §176(c)(4) of the Clean Air Act (the Act), as amended and 40
CFR 93, Subpart B, with respect to the conformity of federal actions to the SIP, to ensure that the
purpose and intent of the SIP are met.
Env-A 1504.02 Applicability.
(a) Pursuant to §176(c)(1) of the Act, this part shall apply to any federal department, agency, or
instrumentality which meets the applicability criteria as specified in 40 CFR §93.153.
(b) This part shall not apply to any entity subject to a conformity determination for a federal action
related to a transportation plan, program, or project developed, funded, or approved under 23 USC
§§101 et seq. or the Federal Transit Act, as amended, 49 USC §§1601 et seq.
Env-A 1504.03 References.
For the purpose of this part, unless otherwise specified all references to 40 CFR 93, Subpart B, shall be
to the July 1, 2011 edition.
Env-A 1504.04 Federal Definitions Incorporated.
(a) The definitions contained in and referred to in 40 CFR §93.152 shall apply to the terms used in this
part.
Env-A 1504.05 Conformity to State and Federal Implementation Plans.
(a) Pursuant to §176(c)(1) of the Act, no applicable federal entity shall engage in, support in any way or
provide financial assistance for, license or permit, or approve any activity which does not conform to the
SIP or FIP developed pursuant to §110 and §171 through §185 of the Act.
(b) Such determination that a federal activity conforms to the SIP or FIP shall be made in accordance
with §176 of the Act and 40 CFR 93, Subpart B.
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Appendix
Rule
Section/Paragraph
Env-A 1501.01
- Env-A
1502.02
State Statute
Implemented
Federal Statutes or Regulations Implemented
RSA 125-C:4, I(a)
42 U.S.C. §7506; 40 CFR 93, Subpart A
Env-A 1502.01(a)
RSA 125-C:4, I(a)
42 U.S.C. §7506; 23 CFR §450
Env-A 1502.01(b)
RSA 125-C:4, I(a)
42 U.S.C. §7506; 40 CFR §93
Env-A 1502.02
RSA 125-C:4, I(a)
42 U.S.C. §7506; 40 CFR §93.101
Env-A 1502.03(d) & (f)
RSA 125-C:4,
I(a); RSA 36:45
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RSA 125-C:4, I(a)
Env-A 1503.01
RSA 125-C:4, I(a)
42 U.S.C. §7506; 40 CFR §93.105; 40 CFR
§93.122(a)(4)(ii); 40 CFR §93.125(c)
Env-A 1503.02
RSA 125-C:4, I(a)
42 U.S.C. §7506; 40 CFR §93.102
Env-A 1503.03
RSA 125-C:4, I(a)
Env-A 1503.04
RSA 125-C:4, I(a)
Env-A 1503.05
RSA 125-C:4, I(a)
42 U.S.C. §7506; 40 CFR 51, Subpart T; 40 CFR
93, Subpart A
Env-A 1503.06
RSA 125-C:4, I(a)
42 U.S.C. §7506; 23 CFR 450, Subpart B
Env-A 1503.07
RSA 125-C:4, I(a)
42 U.S.C. §7506; 23 CFR 450, Subpart C
Env-A 1503.08-1503.21
RSA 125-C:4, I(a)
42 U.S.C. §7506; 23 CFR 450; 40 CFR 93, Subpart A
Env-A 1504.01
RSA 125-C:4, I(a)
42 U.S.C. §7506; 40 CFR 51, Subpart W
Env-A 1504.02
RSA 125-C:4, I(a)
42 U.S.C. §7506; 40 CFR 51.853
Env-A 1504.03
RSA 125-C:4, I(a)
42 U.S.C. §7506; 40 CFR 51
Env-A 1504.04
RSA 125-C:4, I(a)
42 U.S.C. §7506; 40 CFR 51.852
Env-A 1504.05
RSA 125-C:4, I(a)
42 U.S.C. §7506; 42 U.S.C. §7511; 42 U.S.C. §§
7501 through 7515; 40 CFR 51, Subpart W
Env-A 1502.03
42 U.S.C. §7506; 40 CFR §93.101
42 U.S.C. §7506; 42 U.S.C. §7407; 40 CFR §51.852
42 U.S.C. §7506; 42 U.S.C. §7511; 42 U.S.C. §§
75017515; 40 CFR 93, Subpart A
42 U.S.C. §7506; 42 U.S.C. §7407
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APPENDIX D
DOCUMENTATION OF STRAFFORD METROPOLITAN PLANNING ORGANIZATION
DESIGNATION
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