Background:

Federal regulations for metropolitan planning (23 CFR 450 and 49 CFR 613) require that the metropolitan planning organization (MPO) certify to the Federal Highway Administration (FHWA) and the Federal Transit Administration (FTA) concurrent with the submittal of the proposed transportation improvement program (TIP) to the FHWA and FTA, that its transportation planning and programming process is being conducted in accordance with all applicable federal laws and regulations.

The Infrastructure Investment and Jobs Act (IIJA), which reauthorizes the nation’s surface transportation legislation (as well as other infrastructure) was signed into law November 15, 2021, but new regulations and guidance for MPOs’ self-certification process are not yet available. DVRPC will continue to follow the current 23 CFR 450 Planning Regulations and FAST Act guidelines until such time as new guidance from the IIJA becomes available.

The regulations contain specific requirements that must be addressed. DVRPC’s compliance with these requirements is outlined below:

1. Improvements to the transportation system in the region have been the result of a continuing, cooperative, and comprehensive performance-based multimodal transportation planning process.
2. The transportation planning process, including the adoption of the TIP and Long-Range Plan (Plan), is consistent with the Clean Air Act and is in conformance with the applicable state implementation plans.
3. Individuals, affected public agencies, representatives of transportation agency employees, representatives of public transportation employees, public ports, freight shippers, providers of freight transportation services, private providers of transportation (including intercity bus operators and employer-based commuting programs), representatives of users of public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties were provided with reasonable opportunities to to be involved in the metropolitan transportation planning process.
4. The TIP is financially constrained and includes a financial plan that demonstrates how the TIP can be implemented and indicates resources from both public and private sources that are reasonably expected to be available.
5. The congestion management process (CMP) requirements for non-attainment transportation management areas have been met.
6. A performance-based planning approach to transportation decision making is integrated into the development of the Plan, TIP, CMP, and other appropriate regional planning documents through coordination with state and federal partners to fulfill Transportation Performance Management requirements, including tracking performance measures, setting data-driven targets for each measure, selecting projects to help meet those targets, and describing the anticipated effect toward achieving the established performance targets.
7. A Coordinated Human Services Transportation Plan (2024 Update to the Greater Philadelphia Region's Coordinated Human Services Transportation Plan) has been jointly developed by DVRPC and its state, county, and transit agency partners who periodically convene to maintain and update the plan.
8. DVRPC continues to work with its planning partners to address all ten Planning Factors under 405.306(b).
9. The provision of 49 CFR part 20 regarding restrictions on certain influencing activities has been met.
10. DVRPC’s planning process is administered in accordance with FTA Circular 4702.1, Title VI, and DVRPC employment practices comply with FTA Circular 4704, Equal Employment Opportunity Guidelines for Grant Recipients.
11. The Americans with Disabilities Act of 1990 and U.S. DOT regulations entitled Transportation for Individuals with Disabilities, and Section 504 of the Rehabilitation Act of 1973; 49 CFR Parts 27, 37, and 38, the Older Americans Act, prohibiting discrimination on the basis of age; and Section 324 of Title 23 U.S.C. prohibiting discrimination based on gender have all been met.
12. DVRPC’s programs are conducted consistent with regulations regarding disadvantaged business enterprise programs; along with 49 U.S.C. 5332, which prohibits discrimination on the basis of race, color, creed, national origin, sex, or age in employment or business opportunity.
13. DVRPC provides services to those with limited English proficiency (LEP) so persons can have meaningful access to the Commission's services.
14. DVRPC’s four-year federal certification review was conducted by FTA and FHWA in October 2022 and resulted in several commendations and recommendations, and no corrective actions. 
15. DVRPC is exempt from the policy board structure requirements of 23 U.S.C. Part 450.310 (d)(4) on the basis that (1) DVRPC operates pursuant to state laws that were in effect before December 18, 1991; (2) those state laws have not been amended after December 18, 1991, as regards to the structure or organization of DVRPC; and (3) DVRPC was not designated or re-designated after December 18, 1991. DVRPC  reaffirms Board Resolution B-FY15-004, while continuing to include SEPTA, NJ Transit, and DRPA/PATCO as participating, non-voting representatives to the Board and as voting members of the RTC, and continuing to provide an explicit opportunity for transit agency comments during Board meetings for every agenda action Item.
16. DVRPC certifies that it qualifies for the exception referred to above by meeting the specification which states that nothing in the aforementioned sections of federal regulation shall be construed to interfere with the authority, under any state law in effect on December 18, 1991, of a public agency with multimodal transportation responsibilities.

The DVRPC Board certifies that the DVRPC metropolitan transportation planning and programming process is in conformance with federal regulations implementing the IIJA, FAST Act, MAP-21, the Clean Air Act Amendments, and other federal legislation, by adopting Resolution B-FY26-004.