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The following is the text of the March 18, 2002 letter from the Federal Transit Administration and the Federal Highway Administration:

IN REPLY REFER TO
HDA-CA
Document #: 38332

Mr. Steve Heminger, Executive Director
Metropolitan Transportation Commission
Joseph P. Bart - Metro Center
101 8th Street
Oakland, CA 94607-4700

Dear Mr. Heminger:

SUBJECT: Conformity Determination on MTC's 2001 RTP and 2001 FTIP as Amended

The Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA) have completed our review of the conformity determination for the Metropolitan Transportation Commission's (MTC) 2001 Regional Transportation Plan (RTP) and 2001 Federal Transportation Improvement Program (FTIP) as amended through Amendment 32. A joint FHWA/FTA air quality conformity determination for the RTP and FTIP is required by 40 CFR 93.104 and 23 CFR 450.322 of the FHWA/FTA Statewide and Metropolitan Planning Rule.

MTC Resolution No. 3432 adopted the 2001 RTP and conformity determination, and the 2000/01 FTIP Amendment 32, on March 15, 2002. The conformity analysis provided by MTC indicates that all air quality conformity requirements have been met. Based on our review, we find that both the 2001 RTP and the FTIP as amended through Amendment 32 conform to the applicable state implementation plans, and we accept this air quality determination in accordance with the provisions of 40 CFR 51 and 93 and with USDOT's January 2, 2002, guidance, Additional Supplemental Guidance for the Implementation of the Circuit Court Decision Affecting Transportation Conformity. The conformity determination on the FTIP as amended through Amendment 32 also fulfills the conformity re-determination required under 40 CFR 93.104(c). This finding was made after consultation with the Environmental Protection Agency pursuant to 40 CFR 51 and 93.

We have not taken programming action on Amendment 32. Amendment 32 will be processed through Caltrans and submitted for our programming approval in accordance with the normal programming process.

This conformity finding ends the conformity lapse that has been in effect since January 21, 2002.

Please note that the current FTIP expires on October 6, 2002, and that a new FTIP must be submitted to FHWA/FTA and a new conformity determination made before that date.

Sincerely,

Leslie T. Rogers
Regional Administrator
Federal Transit Administration

Michael G. Ritchie
Division Administrator
Federal Highway Administration