Current through Register 1531, September 27, 2024
(1)
Definitions. As used in 310 CMR 7.37:
BASELINE ROADWAY CONDITIONS means the
average weekday peak hour trip time in minutes for each roadway segment based
on monitoring of traffic and recording of trip times during the 12 month period
from April 1, 1992 to April 1, 1993.
FEASIBILITY STUDY means a study which
analyzes the environmental, operational, engineering, right-of-way,
construction, and financial issues affecting the implementation of high
occupancy vehicle lanes on each roadway segment described in 310 CMR 7.37(3).
The analysis of environmental issues shall include the impacts of HOV lanes on
all mobile source emissions of CO, VOC and NOX as well as the impacts of such
lanes on general purpose traffic flow. Operational issues may include
enforcement and public safety issues. Notwithstanding the foregoing, in cases
in which feasibility studies submitted to the Department on or before November
1, 1994 have not included an analysis of the impact of HOV lanes on NOx
emissions, an analysis of such impacts will be submitted to the Department for
inclusion in the Transportation Improvement Program for the metropolitan Boston
area, as required by 23 CFR 450.
FINANCIAL as used in 310 CMR 7.37(1)
and 7.37(8)(a) means the availability of funds from any federal, state or local
sources for the design and construction of a high occupancy vehicle lane or
facility.
PERFORMANCE STANDARDS means a level of
roadway performance that at a minimum:
1. is equal to or better than a Level of
Service C, and
2. will result in
average HOV trip times that are at least one minute per mile less than average
trip times on adjacent general purpose traffic lanes during peak hours of
travel, as defined in 310 CMR 7.37(6)(b)2. Either the MHD or the MTA may
propose substitute roadway performance standards which attempt to maximize:
travel time savings, reductions in emissions of ozone precursors, operational
efficiency, and person throughput, and which require vehicle throughput of no
less than 400 HOVs per hour for a high occupancy vehicle lane provided that
such standard provides for greater improvement in air quality for VOC, CO and
NOX in the area where the HOV lane is targeted, in both the short and long
term. The Department shall review any proposed substitute roadway performance
standard, and shall either reject or accept it within 60 days after it has been
submitted to the Department.
ROADWAY THRESHOLD STANDARDS means
Baseline Roadway Conditions increased by 35%.
(2)
Applicability.
310 CMR 7.37 applies where indicated, to the Executive Office of Transportation
and Construction (EOTC), the Massachusetts Highway Department (MHD), and the
Massachusetts Turnpike Authority (MTA).
(3)
Feasibility
Studies.
(a) By December 31,
1992, the MHD shall submit to the Department a study of the feasibility of
establishing high occupancy vehicle lanes for the following roadways:
1. The northward extension of the existing
southbound high occupancy vehicle lane on Interstate-93, north of the southern
bank of the Charles River to I-95;
2. Interstate-93 northbound between the
Charles River Crossing and Interstate-95; and 3. Interstate-93 northbound and
southbound between Interstate-90 and Route 3 in Braintree.
(b) As part of the environmental review on
the Charles River portion of the Central Artery/Tunnel project, the MHD shall
complete a study of the feasibility of establishing high occupancy vehicle
lanes for the Charles River Crossing. Said study shall be completed within 30
days from the date of the Federal Highway Administration issuance of a Record
of Decision in connection with said review.
(c) By June 30, 1994, the MTA shall submit to
the Department a study of the feasibility of establishing high occupancy
vehicle lanes for Interstate-90 eastbound and westbound between Interstate-93
and Interstate-95. Said study shall include analyses of the feasibility of:
1. Implementing full-scale high occupancy
vehicle lanes;
2. Implementing a
program of special high occupancy vehicle toll booths and full head-of-queue
privileges including consideration of establishing specially demarcated lanes
leading to high occupancy vehicle toll booths wherever found practical at
appropriate turnpike interchanges; and
3. Installing electronic identification
systems to facilitate high occupancy vehicle flow through turnpike toll
booths.
(4)
Implementation of Certain High Occupancy Vehicle Lanes
.
(a) If the northward extension of the
existing southbound high occupancy vehicle lane on Interstate-93 north of the
Charles River is found to be feasible pursuant to the feasibility study to be
completed in accordance with 310 CMR 7.37(3)(a), the MHD shall establish the
high occupancy vehicle lane and make it available for public use according to a
reasonable schedule, as defined in 310 CMR 7.37(4)(d), agreed upon between the
Department and the MHD, but in no event later than November 1, 1994. The
extension shall be subject to the following conditions:
1. The extension of the high occupancy
vehicle lane shall not be accomplished by the addition of a new lane or lanes
to Interstate-93.
2. Prior to the
lane opening, MHD shall submit to the Department information relating to the
length of the lane including a demonstration that the lane has been extended
northward to the most appropriate geographical location.
(b) The final design of the Charles River
Crossing portion of the Central Artery/Tunnel project on Interstate-93 shall
include a high occupancy vehicle lane that shall be made available for public
use at the time the Charles River Crossing of the Central Artery/Tunnel project
is opened for public use. The high occupancy vehicle facility shall be located
southbound on the I-93 mainline between the northernmost point appropriate to
maximize use of the lane, and the Charles River crossing bridge. The
northernmost terminus of the HOV lane shall be located at a point just south of
the Mystic Avenue exit ramp in Medford.
(c) If high occupancy vehicle lanes
northbound and southbound on Interstate-93 beginning at the intersection of
Interstate-93 with Interstate-90 and extending to Route 3 in Braintree are
found to be feasible pursuant to the feasibility study performed in accordance
with 310 CMR 7.37(3), said high occupancy vehicle lanes shall be implemented
and made available for public use according to a reasonable schedule, as
defined in 310 CMR 7.37(4)(d), to be agreed upon by the Department and the MHD,
but in no event later than November 15, 1995.
(d) A reasonable schedule for implementing a
high occupancy vehicle lane shall include starting dates and ending dates of
the following:
1. Public review of the
feasibility study;
2. Environmental
review, including any approvals required under the Massachusetts Environmental
Policy Act, M.G.L. c. 30, § 61 et seq. or the National
Environmental Policy Act,
42 U.S.C. section
4321
et seq.;
3. Final design approval;
4. Acquisition of required right of way;
and
5. Construction of the high
occupancy vehicle lane.
(5)
Roadway Threshold Monitoring
and Baseline Roadway Conditions.
(a) Beginning April 1, 1992, the MHD and the
MTA shall monitor traffic volumes and trip times on the roadway segments
identified for the MHD in 310 CMR 7.37(3)(a) and
(b) and for the MTA in 310 CMR 7.37(3)(c) on
a monthly basis. All records and data shall be maintained for a period of five
years and shall be readily available for Department inspection. (b) By May 1,
1993 the MHD shall complete collection of the information necessary to identify
and document Baseline Roadway Conditions for the roadway segments identified in
310 CMR 7.37(3)(a) and (b), and the MTA shall complete collection of such
information for the roadway segments identified in 310 CMR
7.37(3)(c).
(c) By July 1, 1993,
the MHD shall submit to the Department a report that documents the Baseline
Roadway Conditions for the roadway segments identified in 310 CMR 7.37(3)(a)
and (b), and the MTA shall submit such a report for the roadway segments
identified in 310 CMR 7.37(3)(c). The report shall contain appropriate traffic
monitoring data and trip time records to support the Baseline Roadway
Conditions documented in the report. Within 60 days of receipt of a complete
report, the Department shall review the report and take such action as it may
deem appropriate. Any action taken on the report shall be in writing. Within 90
days of receipt of a complete report, the Department shall file a copy of the
report and of any Department action taken, with the U.S. EPA, Region I and with
the agency that filed the report.
(6)
Addition of High Occupancy
Vehicle Lanes.
(a) Should the
Roadway Threshold Standards as defined in 310 CMR 7.37(1) be exceeded for three
consecutive months, the MHD, for roadway segments identified in 310 CMR
7.37(3)(a) and the MTA for roadway segments identified in 310 CMR 7.37(3)(c),
shall:
1. Notify the Department of the
exceedance. The notice shall identify the roadway segment that has exceeded
Roadway Threshold Standards and set out a reasonable schedule for implementing
high occupancy vehicle lanes on the applicable roadway segment, and
2. Implement a high occupancy vehicle lane on
the respective roadway segment according to a reasonable schedule as defined in
310 CMR 7.37(4)(d).
(b)
The addition of high occupancy vehicle lanes pursuant to 310 CMR 7.37 shall be
subject to the following conditions:
1.
Additions of high occupancy vehicle lanes on Interstate-93 northbound and
southbound between Interstate-90 and Route 3 in Braintree shall extend onto
Route 3 if found feasible through the study conducted pursuant to 310 CMR
7.37(3)(a).
2. All high occupancy
vehicle lanes shall be dedicated for exclusive high occupancy vehicle use
during peak periods of travel. Peak periods of travel shall:
a. include at a minimum, three hours between
the hours of 6:00 A.M. and 10:00 A.M. on the following:
i. the roadway segment described in 310 CMR
7.37(3)(a)1.;
ii northbound lanes of
traffic on I-93 between I-90 and a Route 3 in Braintree, and
iii. eastbound lanes of traffic on I-90; and
b. shall also include at
a minimum the hours of 3:00 P.M. to 7:00 P.M. on high occupancy vehicle lanes
on the following:
i the roadway segment
described in 310 CMR 7.37(3)(a)2.,
ii southbound lanes of traffic on I-93
between I-90 and Route 3, and
iii
westbound lanes of traffic on I-90 demand
forecasts.
3.
Incorporation of additional high occupancy vehicle lanes shall not be
accomplished by the addition of a new lane or lanes to Interstate-93 northbound
beginning at the Charles River Crossing and extending north towards
Interstate-95.
4. Incorporation of
additional high occupancy vehicle lanes shall not be accomplished by the
addition of a new lane or lanes to Interstate-90.
(c) Beginning January 1, 1994, the MHD and
the MTA shall provide the Department with an annual assessment of the potential
for exceedances of the Roadway Threshold Standards. The assessment shall be
based on monitoring information collected and traffic projections using a
method which has been agreed to in advance through consultation with the
Department. The annual assessment shall, at a minimum, forecast when Roadway
Threshold Standards will be exceeded on the roadway segments identified for the
MHD in 310 CMR 7.37(3)(a) and (b) and for the MTA in 310 CMR 7.37(3)(c). If the
Roadway Threshold Standards have already been exceeded as of one month prior to
the date of submission of the annual assessment, the annual assessment shall
also identify the time of day and travel conditions that were evident when
Roadway Threshold Standards were exceeded.
(7)
Attainment of Performance
Standards.
(a) At the time that a
new high occupancy vehicle lane or facility opens for public use, and at the
time that any existing high occupancy vehicle lane is expanded, the MHD with
respect to the roadway segments identified in 310 CMR 7.37(3)(a), and the MTA
with respect to the roadway segments identified in 310 CMR 7.37(3)(c), shall
monitor the high occupancy vehicle lane or facility performance, as measured by
trip times, during peak periods of travel, to ensure that high occupancy
vehicle performance standards are being met. Trip times shall be measured at
least monthly and during at least five sample days each month. Measurements
shall be taken on at least one Monday, Tuesday, Wednesday, Thursday and Friday
during each month. On each of the sample days, a minimum of two time runs shall
be made during peak hours of travel in each direction for each high occupancy
vehicle lane roadway segment.
(b)
The MHD and the MTA shall use all appropriate and feasible measures to maintain
compliance with the high occupancy vehicle lane performance
standards.
(c) Should high
occupancy vehicle lane or facility performance standards for a given roadway
segment be violated for 75% of the time runs in a particular month, the agency
responsible for the operation of the lane shall file a written report
describing the violations with the Department within ten days following the end
of the month in which the violation was detected. This report shall describe
the violations and shall describe a commitment by the responsible agency to
take whatever measures are feasible and necessary to return the high occupancy
vehicle lane to compliance with the performance standards, including but not
limited to changes in high occupancy vehicle eligibility or high occupancy
vehicle facility metering, and measures to increase the use of buses, car-pools
and van-pools.
(d) Such reports
shall be submitted to the Department for a period of two years following the
opening of each HOV lane or facility. Thereafter the MHD and the MTA shall
continue to monitor high occupancy vehicle lane and facility performance, to
measure trip times as required by 310 CMR 7.37(7)(a), and to maintain records
of such monitoring and measurements, and upon written request shall send
reports to the Department containing the information and commitments described
in 310 CMR 7.37(7)(c), provided however that trip times shall be measured at
least quarterly and during at least five sample days each quarter, and provided
further that compliance with performance standards during this later period
shall be determined on a quarterly basis.
(8)
Substitute High Occupancy
Vehicle Projects.
(a) Based on
the feasibility studies conducted pursuant to 310 CMR 7.37(3), if the MHD or
the MTA can demonstrate to the Department that a specific HOV lane listed in
310 CMR 7.37(3) is not feasible due to adverse environmental impacts or
associated engineering and financial issues, an alternative project shall be
substituted in the following manner:
1. The
MHD with respect to the roadway segments identified in 310 CMR 7.37(3)(a) and
(b), and the MTA with respect to the roadway segments identified in 310 CMR
7.37(3)(c), must petition the Department to accept a substitute project. All
such petitions shall be approved by EOTC prior to submission to the Department.
All such petitions shall include a demonstration that the substitute project
achieves equal or greater emission reductions of VOC, CO and NO from mobile
sources, than the installation of an HOV lane, and that said substitute project
provides for greater improvement in air quality for VOC, CO and
NOX in the area where the required high occupancy
vehicle lane is targeted, in both the short and long terms. Park and ride
facilities may be proposed as substitutes for the requirements for HOV lanes
pursuant to the substitution provisions of 310 CMR 7.37(8). Any park and ride
facilities which have been built to fulfill the requirements of, or are
required to be built pursuant to
310 CMR
7.36(2), or are proposed and
accepted as substitute projects pursuant to
310 CMR
7.36, cannot also be proposed as substitute
projects pursuant to, 310 CMR 7.37(8).
2. Within 30 days of receipt of a petition
and demonstration for project substitution, the Department shall make a
determination whether all information necessary for review of said petition has
been submitted, and shall notify the project proponent. The Department shall
review the petition and shall, after notice and public hearing, accept or
reject said petition in writing no later than 90 days after the Department
determines that all information necessary to review the petition and
demonstration has been submitted.
3. Within 30 days after the Department
accepts or rejects such a petition and demonstration for project substitution,
the Department shall file a copy of said petition and supporting documentation
and a copy of the Department action with U.S. EPA, Region I.
(9)
High
Occupancy Vehicle Enforcement and Promotion.
(a) By January 31, 1993, the MHD and the MTA
shall each prepare and submit to the Department a plan describing the general
program for enforcement of the high occupancy vehicle lane system. These
program submittals shall include a commitment to implementation of the
enforcement program as defined therein. Within 30 days of receiving the
enforcement program plans, the Department shall review and make recommendations
regarding the plans. Said recommendations shall be incorporated by the MHD and
the MTA into the final enforcement program plan for each agency. Specific
enforcement measures applicable to a particular high occupancy vehicle lane
shall be identified in the final design phase of the high occupancy vehicle
system.
(b) By May 31, 1992, the
MHD and the MTA shall prepare and submit to the Department a plan for a general
program designed to promote high occupancy vehicle use. Said plan shall be
based on a comprehensive review of techniques used to manage or promote high
occupancy vehicle use in other locations throughout the United States and
Canada. The MHD and the MTA shall, in said program, commit to implementation of
selected measures to promote the use of the high occupancy vehicle system of
each agency. A specific promotional plan for each roadway segment shall be
prepared in conjunction with the final design for each high occupancy vehicle
facility.
(10)
High Occupancy Vehicle Expansion to the Local Roadway
Network.
(a) EOTC and MHD shall
encourage the City of Boston to incorporate high occupancy vehicle lanes and
non-lane based incentives or mechanisms which promote the use of high occupancy
vehicles.
(b) EOTC shall work with
the Massachusetts Port Authority to conduct studies of high occupancy vehicle
needs at Logan Airport.
(11)
Reports Regarding Effects on
Air Quality. Within two years from the opening for public use of
each HOV lane or substitute project on any of the roadway segments described in
310 CMR 7.37(3), the MHD, for roadway segments described in 310 CMR 7.37(3)(a)
and (b), and the MTA for roadway segments described in 310 CMR 7.37(3)(c) shall
submit a report to the Department documenting the quantitative effects of such
HOV lanes or projects on levels of VOC, CO and NOX in the areas affected. The
method of determining the quantitative effects of such HOV lanes or substitute
project on air quality shall be determined in consultation with the
Department.
(12)
HOV
Lanes and Substitute Projects Permanent. All HOV lanes built
pursuant to 310 CMR 7.37(1) through (7) and all substitute projects implemented
pursuant to 310 CMR 7.37(8) shall be permanently operated and maintained by the
MHD for all HOV lanes and projects built and implemented by it and by the MTA
for all HOV lanes and projects built and implemented by it. Either
transportation agency may petition the Department to either reduce or terminate
the operation, maintenance or implementation of any HOV lane or substitute
project built or implemented by it, by petitioning the Department to build
another HOV lane, extend an existing HOV lane, or implement a substitute
project by demonstrating that such lane or project will achieve equal or
greater emission reductions of VOC, CO and NOX from mobile sources and will
provide for greater improvement in air quality for VOC, CO and NOX in both the
short and long term. The Department shall act upon such petitions as provided
in 310 CMR 7.37(8)(a)2. and 3.
