A total of seven occupants were traveling in the vehicles involved in the fatal crash, which coincided with the first substantial snowstorm of the season.

Update at 11:45 p.m. Tuesday, Dec. 29: Vermont State Police announced that U.S. Route 4 in Killington is now open in both directions.

The roadway was expected to be closed for "quite a few hours," Vermont State Police Lt. Chuck Cacciatore, commander of the Rutland barracks, said in a statement.

"There are three confirmed deceased occupants from this crash," Cacciatore said. "There is no other information to share as of this time, as the preliminary investigation continues."

A total of seven occupants were traveling in the vehicles involved in the fatal crash, which coincided with the first substantial snowstorm of the season. Local roads were slick but authorities did not immediately indicate if weather contributed to the accident.

The collision happened near the Killington Deli & Marketplace, a popular Route 4 business near the junction of Vermont 100. Route 4, a major east-west route through central Vermont, was closed from around the Pico Ski area in Mendon east toward the intersection of Route 100. The closure might last through early Wednesday morning, according to police.

The Dow Jones industrial average rose almost 193 points to close just under 17,721.

By ALEX VEIGA

NEW YORK - Technology and health care companies led a broad rally in U.S. stocks Tuesday that pulled the Standard & Poor's 500 index back into the black for the year.

The gains erased the market's losses over the previous two days, when worries over falling oil and other commodities prices dragged down stocks. That trend snapped on Tuesday as the price of U.S. crude oil rebounded with a 2.9 percent gain.

Investors also drew encouragement from better-than-expected data on consumer confidence and housing.

"Both of those set us up nicely on a low volume day to be more positive than negative," said Darrell Cronk, president of Wells Fargo Investment Institute.

The Dow Jones industrial average rose 192.71 points, or 1.1 percent, to 17,720.98. The S&P 500 index gained 21.86 points, or 1.1 percent, to 2,078.36. The Nasdaq composite added 66.95 points, or 1.3 percent, to 5,107.94.

The S&P 500 index, considered a benchmark for the broader stock market, is now on course to end 2015 with a gain of about 1 percent. The Nasdaq is up nearly 8 percent for the year, while the Dow is down 0.6 percent.

In Europe, Germany's DAX rose 1.9 percent, while France's CAC 40 gained 1.8 percent. Britain's FTSE 100 rose 1 percent. Several markets in Asia notched small gains.

The U.S. rally accelerated as investors got a look at the latest batch of U.S. economic data.

The Conference Board said its consumer confidence index increased from the previous month, reflecting positive views on the economy and job market.

Separately, a key gauge of home values indicated that U.S. home prices climbed 5.5 percent in October from a year earlier. Home values have climbed at a roughly 5 percent pace during much of 2015 as strong hiring bolstered the real estate market, which still recovering from a bust that triggered a recession eight years ago.

Traders also welcomed a break in the decline in crude oil prices.

Benchmark U.S. crude rose $1.06, or 2.9 percent, to close at $37.87 a barrel on the New York Mercantile Exchange, recovering after a slump Monday. Brent crude, which is used to price international oils, gained $1.17, or 3.2 percent, to close at $37.79 a barrel in London.

Consol Energy and Chesapeake Energy were among the companies to get a boost from the pickup in energy prices.

Shares in Consol gained 37 cents, or 4.7 percent, to $8.24, while Chesapeake jumped 51 cents, or 12.5 percent, to $4.58.

"Lately the markets have been taking their cue from the movement in commodity prices, and in particular, oil," said Cronk.

In other energy trading in New York, wholesale gasoline rose 4.3 cents, or 3.5 percent, to $1.276 a gallon, heating oil rose 3.9 cents, or 3.6 percent, to $1.23 a gallon and natural gas jumped 14.4 cents, or 6.5 percent, to $2.372 per 1,000 cubic feet.

Precious and industrial metals prices ended mixed. Gold slipped 30 cents to $1,068 an ounce, silver rose 4 cents to $13.93 an ounce and copper gained 6 cents to $2.14 a pound.

Bond prices fell. The yield on the 10-year Treasury note rose to 2.31 percent from 2.23 percent late Monday. The dollar was slightly higher at 120.46 yen, up from 120.34 on Monday. The euro slipped to $1.0934 from $1.0975.

Among other stocks making big moves Tuesday:

• Pep Boys surged 8.8 percent after the auto parts and services retailer received another offer from activist investor Carl Icahn, putting the deal in the neighborhood of $1 billion. Shares in Pep Boys have been ratcheting steadily higher over the past two months as a takeover bid from Japanese tiremaker Bridgestone turned into a fight for control with Icahn. The stock added $1.53 to $18.94.

The suspect showed a handgun and ordered the clerk to hand over cash and cigarettes, according to a news report.

HADLEY — Police responded to an armed robbery report at the Phillips 66 gas station at 110 Russell St. (Route 9) shortly before 5 p.m. Tuesday.

The suspect – described as a 6-foot Hispanic man in his 40s with tattoos on both hands with a graying mustache – showed a handgun and ordered the clerk to hand over cash and cigarettes, a local TV station reported.

There were no apparent injuries in the incident, which remains under investigation. Anyone with information about the crime can reach Hadley police at 413-584-0883.

The Russell Street gas station / convenience store is located between West and Whalley streets.

MAP showing approximate location of armed robbery:

A rare winter flood pushed swollen rivers and streams to virtually unheard-of heights Tuesday, sparking widespread evacuations.

ST. LOUIS (AP) -- A rare winter flood pushed swollen rivers and streams to virtually unheard-of heights Tuesday, sparking widespread evacuations and the transfer of inmates from an Illinois state prison as Missouri's governor activated the National Guard to help divert traffic away from submerged roads.

The U.S. Army Corps of Engineers said water from the rising Mississippi River and its tributaries threatened to spill over 19 federal levees, putting hundreds of homes in jeopardy.

Record flooding was projected in some Mississippi River towns after several days of torrential rain that caused sewage to flow unfiltered into waterways.

The Meramec River near St. Louis was expected to get to more than 3 feet above the previous record by late this week.

At least 18 deaths in Missouri and Illinois were blamed on flooding, mostly involving vehicles that drove onto swamped roadways.

The river on Tuesday spilled over the top of the levee at West Alton, Missouri, about 20 miles north of St. Louis. Mayor William Richter ordered any of the town's approximate 520 residents who had not already evacuated to get out of harm's way.

In another eastern Missouri town, Union, water from the normally docile Bourbeuse River reached the roofs of a McDonald's, QuikTrip and several other businesses. The river reached an all-time high Tuesday, nearly 20 feet above flood stage.

Interstate 44 was closed near the central Missouri town of Rolla, and a 10-mile section of Interstate 70 was shut down in southern Illinois before it was reopened late Tuesday afternoon. Hundreds of smaller roads and highways were also closed across the two states, and flood warnings were in effect.

Missouri Gov. Jay Nixon activated the National Guard to assist with security in evacuated areas and to help keep road closure sites clear.

In southern Illinois, the Department of Corrections transferred an unspecified number of inmates from a state prison to other locations because of flooding risks. The facility houses nearly 3,700 inmates.

In St. Louis, more than 500 volunteers turned out in blustery, cold conditions to fill sandbags where a flooded waterway threatened hundreds of homes.

The city later trucked 1,500 of the sandbags south to a nearby county to fortify a wastewater treatment plant threatened by the swollen Big River

The River Des Peres is a man-made storm sewer channel that flows through south St. Louis into the Mississippi River, a few miles south of the Anheuser-Busch brewery. The channel is deep enough that flooding isn't a concern under normal conditions.

But there is nothing normal about this December flood.

The Mississippi River is expected to reach nearly 15 feet above flood stage on Thursday at St. Louis, which would be the second-worst flood on record, behind only the devastating 1993 flood.

Maureen Hooch, 57, was among the volunteers at that 1993 flood, and she was out again Tuesday, this time under far different circumstances.

"The last time I was out here it was 1,000 degrees," Hooch recalled. "They had a bus you could get on to cool off. I prefer the cold. When you work, you warm up."

Alderman Larry Arnowitz said up to 500 homes could be threatened if the River Des Peres rises much more than projected. He was confident that with no rain in the forecast for the next several days -- and with the help of the thousands of sandbags -- everything would be OK.

But Lisa Muxo, 45, said her basement was already taking on water.

"These are our neighbors, our friends," said Muxo, who brought her teenage son and three of his friends to help sandbag. "We need to help each other."

The high water was blamed on the shutdown of a wastewater treatment plant on Monday just south of St. Louis, causing sewage to go directly into nearby rivers and streams. The Metropolitan Sewer District of St. Louis said the Fenton wastewater treatment plant, which is designed for 6.75 million gallons per day of flow, was treating nearly 24 million gallons per day at the time of the malfunction.

One of the two wastewater plants in Springfield, Missouri, also failed, allowing partially treated sewage to flow into a river.

The U.S. Coast Guard closed a 5-mile portion of the Mississippi River near St. Louis due to flooding. Capt. Martin Malloy cited high water levels and fast currents in the river, which is a vital transportation hub for barges that carry agricultural products and other goods.

In central and southern Illinois, flood warnings were in effect a day after a winter storm brought sleet and icy rain. Major flooding was occurring along the Kankakee, Illinois, Sangamon and Vermilion rivers.

In Granite City, Illinois, about 30 residents of a flooded trailer park idled in a Red Cross emergency shelter in a church basement. The park's property manager told Shirley Clark, 56, and other displaced residents that it could be another 10 to 12 days before they're able to return to their homes.

"We need help over here," said Clark, a diabetic who said she left behind her insulin supply. "We're just holding on."

The Midwest wasn't alone. Heavy rain continued in parts of the South, such as Georgia and eastern Alabama, which has in parts seen more than 14 inches of rain since Dec. 21.

The vandalism occurred at the Lantern Court and Squire Village apartments, neighboring housing complexes on Route 116. Sunderland police are asking anyone with information to call 413-665-7036.

SUNDERLAND — Police here are investigating a tire-slashing spree that damaged about 20 cars at two apartment complexes late Monday night or early Tuesday morning.

The vandalism occurred at Lantern Court Apartments and Squire Village Apartments, neighboring complexes on Route 116, according to Sunderland police, who are asking anyone with information about the vandalism to call them at 413-665-7036.

About 15 cars were damaged at Lantern Court and another five at Squire Village. The damage ranged from a single slashed tire to all four, police said.

Authorities said they received the first vandalism report around 9:30 a.m. Tuesday, though police later learned that some people noticed the damage as early as 4:30 a.m. Neither apartment complex has cameras, according to police.

"Please help us. When you notice something like this, call right away to report it, whether your vehicle was involved or not," Sunderland police officials said in a statement.

This was not the first time vehicles parked at the apartment complexes were targeted. "We would really like to catch whoever keeps doing this expensive vandalism to cars," police said.

Erika Linares was the winner of the "$1,000,000 Payday" instant game, and Robert Scanlon was the winner of the "Lucky for Life" game. The drawings were held Dec. 21.

SPRINGFIELD — A woman from Springfield and a man from Holyoke received early Christmas presents from the Massachusetts State Lottery.

Erika Linares was the winner of the "$1,000,000 Payday" instant game, and Robert Scanlon was the winner of the "Lucky for Life" game. The drawings were held Dec. 21.

Linares chose the cash option for her prize, receiving a one-time payment of $650,000. She said she plans to put some of her winnings into savings for her children, invest a portion of the money, and donate the rest to charity.

Linares bought her lucky ticket at Main Street Mobil (3111 Main St., Springfield), which will receive a $10,000 bonus for the sale.

Scanlon opted for a one-time payout of $390,000 after his Quic Pic numbers matched the first five numbers in the drawing. He said he plans to buy a new pickup truck with some of his winnings.

Scanlon purchased his winning ticket at the Stop & Shop (28 Lincoln St., Holyoke), which will receive a $5,000 bonus.

Taxes will be taken out of both winners' prizes, according to Lottery officials.

Easthampton police say Erick Matos fled toward Holyoke on steep, icy roads before being halted with "stop sticks."

EASTHAMPTON -- A Holyoke man is in custody after allegedly stealing from an Easthampton package store, fleeing from police on icy winter roads and veering into oncoming traffic before his tires were deflated by officers three-quarters of the way up Mountain Road.

Erick Matos, 36, of 391 Pleasant St., is charged with failure to stop for police, shoplifting by concealing merchandise, negligent operation of a motor vehicle, a marked lanes violation, speeding and driving an uninspected motor vehicle.

According to Easthampton Police, officers responded to the Union Package Store at 66 Union St. at 2:37 p.m. Tuesday for a report of a larceny. Police spotted a suspect vehicle near Holyoke Street, attempted to stop it and engaged in a low-speed chase limited by the weather and poor road conditions.

Police say the vehicle passed other cars on Holyoke Street and started climbing Mountain Road (Route 141) while passing cars and veering into oncoming traffic. Police say they terminated their pursuit based on treacherous weather conditions and danger to the motoring public.

Easthampton officers who were at the top of Mountain Road for an unrelated incident brought the suspect car to a halt using "stop sticks" and conducted a felony stop, said police, who added that the roadway was closed temporarily so the subject could be subdued without endangering the public.

"Easthampton police officers involved in this incident are to be commended for the apprehension of this subject, who was suspected in additional larcenies," said Easthampton Police Capt. Robert Alberti. "These officers used great discretion and prudence, as weather and road conditions were a major factor in this pursuit and criminal apprehension."

Management at a longstanding Longmeadow hardware store are hammering out the details of a move scheduled to occur within six months.

These were the most read stories on MassLive.com yesterday. If you missed any of them, click on the links below to read them now. The most viewed photo gallery staff photographer Michael Gordon's farewell collection of pictures, above.

1) 'The defendant has no pants,' Springfield man's lawyer tells judge; arraignment postponed [Jack Flynn]

2) Multiple accidents on I-91, I-291 due to slippery roads [Rebecca Everett]

3) Brightwood Hardware manager: Store moving from longtime Longmeadow location to make room for Big Y expansion [Sean Teehan]

4) Report: Windsor police officer charged with posting nude photos, phone number of estranged wife in Craigslist sex ad [Patrick Johnson]

5) Dartmouth College swimmer dies in Florida after trying to swim four laps underwater [Scott J. Croteau]

Abortion rights advocates are pushing for the federal designation, which would provide more resources to investigate violence at abortion clinics.

A pro-abortion rights group in Massachusetts is asking Gov. Charlie Baker to urge the U.S. Department of Justice to call attacks on abortion clinics "domestic terrorism."

"By asking the Department of Justice to investigate clinic violence as domestic terrorism, Governor Baker is ensuring that he has endeavored to bring every available federal resource to Massachusetts in the event clinic violence occurs," Megan Amundson, executive director of NARAL Pro-Choice Massachusetts, said in a call with reporters on Tuesday.

Wednesday marks the anniversary of a 1994 shooting at an abortion clinic in Brookline that killed two women. Amundson said she is unaware of any violence against Massachusetts clinics in the last year.

A Planned Parenthood clinic in New Hampshire was vandalized by a man with a hatchet in October. Abortion rights groups nationally have renewed their push to call anti-abortion violence "domestic terrorism" in the wake of a November attack in which a man killed three people, including a police officer originally from Melrose, at a Planned Parenthood clinic in Colorado.

Domestic terrorism is defined as a criminal act dangerous to human life that is intended to intimidate or coerce civilians or to change government policy.

Amundson said a domestic terrorism classification would enable the federal government to send more resources to investigate violence at a clinic. The U.S. Department of Justice has a unit focused specifically on domestic terrorism.

Baker, asked Monday whether anti-abortion violence should be classified as domestic terrorism, said it is a federal issue.

But, Baker said, "Anytime anybody engages in that type of activity anywhere ... I consider those to be, whether they're domestic terrorists, or international terrorists or global terrorists, those are in fact terrorist acts."

"Whether or not they meet whatever the federal standard is with regard to how they define terrorism ... is kind of beside the point," Baker said, according to a video posted by the State House News Service. "The simple truth is it's an act by somebody or some group of somebodies to terrorize, maim, damage and hurt people who are innocent victims."

Amundson said classifying domestic terrorism "is the point" because it ensures more federal resources will be available to investigate and prosecute violence.

Charity road races are on new year's day in Montague, a 10L, starting promptly at 10 a.m.; and in Westfield, a 5K and a 10K, beginning at 11 a.m. sharp

Westfield - Gordy's First Race 5K and 10K from the Westfield Boys and Girls Club on Silver St. The start of the 5K and 10K racesRepublican file photo 

For some, the morning after New Year's Eve is not a time to be out running, but for hundreds of weekend warriors, a road race is the place to be, or rather run, to bring in the new year on January 1.

Charity road races will be run on New Year's Day in Montague, starting promptly at 10 a.m.; and in Westfield, beginning at 11 a.m. sharp.

The 28-th annual Sawmill River 10K is hosted by the Montague Parks & Recreation Department.

The race benefits their Sponsor-A-Child Scholarship Program.

Runners meet at Grange hall, located at 34 Main Street. It is $30 to register on the day of the race. Contact recdir@montague-ma.gov.

In Westfield, Gordy's First Race, to benefit the Boys & Girls Club, includes both a 5K and 10K race. It is in memory of Gordon Bates, a venerable supporter of the club, and an avid runner.

The Jan. 1 registration is from 9:30 a.m. to 10:30 a.m. at the Boys & Girls Club along West Silver Street, behind the Westfield Middle School where there is free parking.

It is $25 for the 5K, and $30 for the 10K. Contact mikerun26pt2@yahoo.com.

The price of oil shed 3.4 percent on Wednesday, extending its losses for the year to nearly 40 percent.

By ALEX VEIGA

NEW YORK - The latest downturn in crude oil prices put investors in a selling mood Wednesday, pulling U.S. stocks lower for the second time this week.

The market decline, which wiped out some of the gains from a rally the day before, came on lighter-than-usual trading ahead of the New Year's Day holiday.

Energy companies fell the most among the 10 sectors in the Standard & Poor's 500 index, 1.5 percent. The sector is down 23.8 percent for the year. Southwestern Energy fell 6.8 percent, while Consol Energy sank 5.6 percent.

The price of oil shed 3.4 percent on Wednesday, extending its losses for the year to nearly 40 percent.

"You have oil prices affecting the market negatively today," said Quincy Krosby, market strategist for Prudential Financial. "You throw in exceedingly low volume and it's a recipe for skewing the market, in this case to the downside."

The Dow Jones industrial average fell 117.11 points, or 0.7 percent, to 17,603.87. The S&P 500 index dropped 15 points, or 0.7 percent, to 2,063.36. The Nasdaq composite lost 42.09 points, or 0.8 percent, to 5,065.85.

The day's market action cut into the S&P 500's slim gain for the year. The index remains essentially flat with an increase of 0.2 percent this year. The Nasdaq is up about 7 percent, while the Dow is on track to end 2015 with a loss of 1.2 percent.

The major stock indexes headed lower from the get-go on Wednesday as investors tracked the latest swings in oil and natural gas prices.

Benchmark U.S. crude fell $1.27 to close at $36.60 a barrel in New York. It's down 39 percent this year. Brent crude, which is used to price international oils, slid $1.33, or 3.5 percent, to close at $36.46 a barrel in London.

Several energy companies closed lower, including Noble Energy, which fell $1.18, or 3.5 percent, to $32.22, and Southwestern Energy, which tumbled 46 cents, or 6.8 percent, to $6.30.

Consol Energy shed 46 cents, or 5.6 percent, to $7.78. Natural gas company Chesapeake Energy fell 18 cents, or 3.9 percent, to $4.40.

In other energy trading in New York, wholesale gasoline fell 5 cents, or 3.6 percent, to $1.23 a gallon, while heating oil declined 5 cents, or 4.5 percent, to $1.079 a gallon. Natural gas slumped 15.6 cents to $2.214 per 1,000 cubic feet.

Traders found good reasons to bid up other stocks.

Weight Watchers International vaulted 19 percent after announcing an advertising campaign featuring Oprah Winfrey, who owns a 10 percent stake in the company. The stock added $3.68 to $23.05.

In Europe, trading volumes were low on the last full day of the year ahead of the New Year's holiday. Many European markets will be open only for a half day on Dec. 31. Germany's DAX fell 1.1 percent, while France's CAC 40 lost 0.5 percent. Britain's FTSE 100 slipped 0.6 percent.

Precious and industrial metals prices ended mixed. Gold lost $8.20 to $1,059.80 an ounce, silver fell 9 cents to $13.84 an ounce and copper gained 1 cent to $2.15 a pound.

Bond prices edged higher. The yield on the 10-year Treasury note fell to 2.29 percent.

In currencies, the dollar rose to 120.55 yen from 120.39 yen late Tuesday. The euro slipped to $1.0924 from $1.0939.

Berkshire says its customers should pay for experts hired by AG Maura Healey if she intervenes in the company's bid to buy capacity on Northeast Energy Direct.

If Attorney General Maura Healey hires experts and consultants to help her intervene on behalf of ratepayers in a recent pipeline-related matter, Berkshire Gas wants to be able to pass those costs on to its customers.

On Dec. 23, Berkshire asked the state's Department of Public Utilities for permission to pass on the costs of Healey's experts and consultants, up to $150,000, if she intervenes in the company's bid to procure firm capacity on the supply path of Northeast Energy Direct, the 400-mile pipeline proposed by Tennessee Gas/Kinder Morgan.

According to the state law which governs public utilities and ratepayer intervention, the cost of such experts must be borne by the "affected party," in this case Berkshire Gas.

It's a separate matter from the DPU's ruling in August which granted Berkshire capacity on the so-called "market path" of the pipeline, which would travel from Wright to Dracut. The supply path, on the other hand, would travel from gas wells in Pennsylvania to a hub in Wright, New York.

Healey on Dec. 28 filed notice with the utility regulators that she wishes to retain experts and consultants to review and comment on the supply path petition, signaling her intention to intervene in the matter. The Massachusetts Attorney General has broad authority to represent ratepayer interests before the DPU.

Healey in September criticized the DPU, saying it had "expedited" capacity contracts along the pipeline's market path "without knowing all the facts." Healey at the time charged that Berkshire was inflating its projected future natural gas needs to secure excess pipeline capacity.

Berkshire's former parent company, UIL Holdings, was recently acquired by Iberdrola USA in to form the publicly-traded Avangrid. UIL Holdings is partnering with Kinder Morgan and Liberty Utilities to own the market path of Northeast Energy Direct, according to the pipeline company's Nov. 20 federal certificate application.

Healey's office in November released a report which said new gas pipeline capacity is not needed to ensure grid reliability in the region. Tennessee Gas fired back, saying the study was "seriously flawed."

The mayor will ask that briefings be open to the public.

WESTFIELD - Mayor-elect Brian P. Sullivan will seek to broaden the lines of communication between his office and the City Council when he is sworn in as mayor Monday.

Sullivan plans to hold mayoral briefings with council members just prior to each scheduled regular City Council meeting during 2016.

"I want to meet with the council for regular briefings just before it meets in regular session on the first and third Thursdays of each month," Sullivan said.

"I understand what the council is looking for in the way of information, especially on time-sensitive matters," the mayor-elect said this week.

Veteran City Councilor Brent B. Bean II agreed Wednesday saying "Brian Sullivan is in a unique situation, coming from the City Council to the Mayor's office.

"Anything he can offer will help the flow of information and give councilors the important information needed to make our decisions," Bean said.

"I wholeheartedly support the idea of the briefings," the councilor added.

Sullivan said after serving 18 years on the City Council he understands that some times more information must be made available.

"Some communications from the mayor to the City Council can be confusing or short on information. I intend to work to improve the situation and provide the opportunity for councilors to question me directly on any issue," Sullivan said.

He said his proposal to the Council is to open the briefing sessions to the public. "However, the public will not be able to directly participate in those sessions," he said.

WESTFIELD - The Department of Public Works has announced it will collect Christmas trees during regular rubbish and recycling schedules from Jan. 4 through Jan. 15. Residents are asked to put their trees out on their regular trash collection day by 7 a.m.. Trees must be free of bags, lights, stands, ornaments and other items or they will not be...

WESTFIELD - The Department of Public Works has announced it will collect Christmas trees during regular rubbish and recycling schedules from Jan. 4 through Jan. 15.

Residents are asked to put their trees out on their regular trash collection day by 7 a.m..

Trees must be free of bags, lights, stands, ornaments and other items or they will not be collected.

Also, trees must not be buried or covered in snow, ice, dirt or leaves.

The Federal Transit Administration's triennial review said the MBTA lacked a "comprehensive and overall maintenance plan for Heavy and Light Rail Transit," and determined different divisions performing work on third rail, signals, facilities and power and tunnel ventilation operate "somewhat independently" of one another.

By ANDY METZGER

BOSTON -.Repair divisions of the MBTA operate "somewhat independently" of one another in an agency that lacks a comprehensive rail maintenance plan, according to a federal review that also highlighted scheduling difficulties experienced by paratransit users.

The Federal Transit Administration's triennial review said the MBTA lacked a "comprehensive and overall maintenance plan for Heavy and Light Rail Transit," and determined different divisions performing work on third rail, signals, facilities and power and tunnel ventilation operate "somewhat independently" of one another.

Some of the deficiencies noted by the federal review, which has not yet been publicized by the MBTA and was obtained by the News Service, were already on officials' radar. A task force last spring noted the lack of a viable maintenance plan, and state transportation officials over the summer tallied $7.3 billion in backlogged spending needed to bring MBTA assets into a state of good repair.

Customers of The Ride have complained about scheduling difficulties before, and have supported the MBTA's proposal to offer some of the service through subsidized taxis or Uber cars, which can be summoned on demand rather than scheduled in advance.

The federal oversight agency, which has offices in Cambridge, identified other deficiencies in the MBTA's disadvantaged business program, which promotes opportunities for firms owned by women and racial minorities.

"They did find some items that they felt we needed to work on, and staff is working with them on a regular basis to address their concerns," MBTA General Manager Frank DePaola said. MBTA spokesman Joe Pesaturo said the triennial review - which involved site visits in September and October - is a draft document and responses are due in March.

Problems at the MBTA were brought into stark relief by the failures during last winter's epic snowstorms, and Gov. Charlie Baker has made improvement of the transit authority a focus of his administration.

Rep. William Straus, the House chairman of the Transportation Committee and a Mattapoisett Democrat, said the lack of a comprehensive rail maintenance plan is "the one that most calls out for immediate focus."

Steve Poftak, a member of the MBTA's Fiscal and Management Control Board who has focused on the system's capital needs, said a comprehensive maintenance plans should be a "means to an end" to improve the T's state of good repair.

"It's going to take us a while to get there, but we want to do it in a thoughtful way," Poftak said. He said, "We don't want to just check the box and create the document."
Poftak said he shared others' concerns about the lack of a comprehensive maintenance plan and said the T has missed opportunities for proactive maintenance.

"We're not doing stuff that should be a layup - midlife overhauls of buses and vehicles. Everyone knows it needs to get done," Poftak said.

Since 2005, findings "similar" to that of the MBTA's lack of an overall rail maintenance plan have been made four times at the country's seven largest transit agencies, according to Federal Transit Administration Public Affairs Officer Steven Kulm. He said the similar findings have been made at the Los Angeles County Metropolitan Transportation Authority; the Chicago Transportation Authority; and at the New York Metropolitan Transportation Authority twice.

Paul Regan, executive director of the MBTA Advisory Board, said the MBTA has been "lurching from financial crisis to financial crisis," and has lacked the resources to fill both planning positions and positions directly involved in service.

"They've decided that when they're filling positions they're going to fill service positions," Regan said. He said, "They can't afford to do both."

"I don't actually think it's that bad of a report," said Regan. Regan said he was most surprised that all of the vehicles used by the paratransit service called The Ride are "past their useful lives."

Three Ride contractors - Greater Lynn Senior Services, Veteran's Taxi and National Express - use 949 vehicles to provide service, according to the review. The vehicles are 2009 Ford buses, according to the Federal Transit Administration.

Some customers of the door-to-door paratransit service have roughly a half-hour window to speak to a scheduler after trips are set up for the following day, according to the review.

National Express offers a brief window between when the next day's scheduled trips are set and when the schedulers leave for the day. Automated calls are placed to riders after 7 p.m., the report said.

"The riders need to call the office if the time does not work for them and try to negotiate something else," the review said. "Unfortunately, at National Express the schedulers leave for the day at 7:30 PM so only a night dispatcher is available."

National Express, which deferred comment to the MBTA, services the southern portion of The Ride service area.

Carolyn Villers, executive director of Massachusetts Senior Action Council, supports a task force to seek more efficient production of paratransit service while keeping passengers' needs in mind.

"The Ride is a challenging service where people accept the challenges because they don't have much else in terms of choices," Villers told the News Service, noting that scheduling is one of those challenges. She said, "When there really is no alternative, people tend to put up with more."

Pesaturo said that the Ride "holds its contractors to an on-time performance standard higher than national benchmarks" and "does not allow any denials of service by contractors, except in the case of weather emergencies."

Pesaturo also noted The Ride "exceeds" the geographic requirement for paratransit under the Americans with Disabilities Act.

The review also found that the T has "capacity constraints," which mean Ride customers are unable to schedule a return trip "within two to three hours of their arrival at a destination even if they need less than an hour to conduct their business."

"The thing about The Ride is people are supposed to have the transportation opportunities that any other member of the public would have," said Straus. "These kind of operational issues just call out for thinking in terms of a different way of providing this service so there is less of this scheduling whirl that gets in between a member of the public and the ride service performed."

Rafael Mares, vice president and director of Healthy Communities and Environmental Justice at the Conservation Law Foundation, said he is "optimistic" that the control board will address the major deficiencies identified in the report, but he believes the public "should be concerned" that the T's management did not publicize the report.

The control board has met nearly every week since its formation, receiving public presentations on the 62 percent of subway operating expenses covered by fares, a maintenance employee who worked more than 2,600 in overtime hours in 2015 and the factors that would cause the structural deficit to grow to $427 million by fiscal 2020.
The Federal Transit Administration's review is dated Nov. 24.

"This is one of a number of challenges we have seen facing the transit authority," Joseph Aiello, chairman of the control board, told the News Service about the report. He said, "You've seen changes and will see more."

Aiello said he had been briefed on the report and expects to "formally" take up the federal review in 2016.

Other findings:

1. The MBTA has not been able to "sustain a full complement of staff to administer, monitor and assure compliance" of its disadvantaged business enterprise program. Four of the five program compliance officer positions were vacant. Prior triennial reports in 2009 and 2012 found the MBTA lacked "sufficient resources" to administer its disadvantaged business program. MBTA General Manager Frank DePaola said that the MBTA is "working on that."


2. In addition to lacking an overall plan for Heavy and Light Rail Transit, the T has a need for a Comprehensive Bus and Rail Fixed Assets Maintenance Plan, and its rail Facilities Maintenance Plan amounts to a "good start" that was "written more as a goals and objectives document." The MBTA also lacks a vehicle maintenance plan for its paratransit fleet.


3. No Americans with Disabilities Act improvement plan has been completed for Oak Grove Station even though an alteration project there "triggers ADA requirements."


4. Boston Harbor Cruises, the contractor for ferry service, does not "describe the required maintenance activities on its vessels" purchased or improved with federal transit dollars. Astrid Glynn, the Massachusetts Department of Transportation's rail and transit administrator, told the News Service the repair information was being recorded, but it was not "circulated" as fully as it should have been. "That is now being done," Glynn told the News Service.


5. National Express Transit and Veteran's Transportation, two contractors for The Ride, did not meet the mandatory minimum random testing rates for substance usage, according to the review. MBTA spokesman Joe Pesaturo said "there is no issue with the testing itself," though reporting of the testing is "insufficient" as the employee headcount was not updated so it appeared as though an inadequate number of employees were tested. Pesaturo said a new policy has been submitted to the MBTA for approval. The minimum annual rate for drug tests is "25 percent of the number of safety sensitive employees," and for alcohol it is 10 percent, according to the review. The drug and alcohol program at National Express Transit "was last updated in 2005 and is out-of-date," the review said.


6. For at least 11 months the MBTA did not respond to a bid protest from a rival vendor after the T awarded a $220,555 contract for 15-ton portable electric jacks. The other vendor claimed the winner did not comply with the Buy America requirement and manufactured its products in Germany. The protest letter was received Dec. 18, 2014, shortly before personnel changes in the legal department, according to the review. The letter was received "outside the prescribed protest time period," according to the November triennial review which said, "As of this date, MBTA has not responded to the protest letter, nor did they notify FTA of the filed protest."


7. The Federal Transit Administration found no deficiencies with the MBTA's equal employment opportunity program, its spending on security, its reduced fare programs, or its financial management of FTA-funded projects.

The charges include conspiring with shooter Syed Farook to carry out attacks in 2011 and 2012.

RIVERSIDE, Calif. -- A friend of one of the shooters in the San Bernardino massacre that killed 14 people was indicted Wednesday on charges that include conspiring in a pair of previous planned attacks and making false statements when he bought the guns used in this month's shootings, authorities said.

The indictment by a federal grand jury avoids the need for a probable cause hearing before a judge to determine whether 24-year-old Enrique Marquez Jr. should stand trial on the five counts.

The charges include conspiring with shooter Syed Farook to carry out attacks in 2011 and 2012.

Prosecutors said in court documents that Marquez and Farook planned to use pipe bombs and guns to kill people at the college they attended and others stuck in rush-hour traffic on a California freeway. The plots fizzled, and they never acted.

Marquez is also charged with two counts for saying in paperwork that two assault rifles he later gave to Farook were only for himself or his immediate family.

Two other counts accuse him of immigration fraud for a sham marriage with a Russian woman who was the sister of Farook's wife.

Marquez had already been charged with the crimes in a criminal complaint filed Dec. 17 before the charges were taken to the grand jury. He has not entered a plea but is expected to do so in an arraignment next week.

A phone message left Wednesday seeking comment from Marquez's attorney, Young Kim, was not immediately returned.

Farook and his wife, Tashfeen Malik, opened fire on a conference room full of his co-workers at a social services center Dec. 2, killing 14 people.

Sanders, the self-described "democratic socialist," will hold public rallies on Saturday in Amherst and Worcester at 1 p.m. and 5 p.m., respectively.

AMHERST – Vermont Sen. Bernie Sanders, still trailing Hillary Clinton for the Democratic presidential nomination, will be in Massachusetts this weekend for campaign rallies in Amherst and Worcester.

Both events are set for Saturday, according to Sanders, who plans to discuss the cost of higher education, climate change, and the influence of big money in politics, among other issues.

The first stop is at the UMass Amherst Fine Arts Center, 151 Presidents Drive, where Sanders will hold a "Future to Believe in" rally at 1 p.m. Doors open at noon for the free public event.

After that, Sanders is headed to Worcester for a 5 p.m. rally at North High School, 140 Harrington Way, on the city's East Side. Doors open at 4 p.m. for the free public event.

Sanders, a member of the U.S. Senate since 2006, is an independent who describes himself as a "democratic socialist." He announced his candidacy for the Democratic nomination on April 30. Less than a month later, he was taking aim at the big-monied interests he believes control the government.

"This great nation and its government belong to all of the people and not to a handful of billionaires, their super PACs and their lobbyists," he said at a May 26 campaign appearance in Burlington, Vermont, the progressive city he governed as mayor from 1981 to 1989.

Check out Wednesday's winning Powerball jackpot numbers.

Update: There was no jackpot winner in Wednesday's Powerball drawing, lottery officials announced early Thursday. That means the jackpot for next Saturday's drawing grows to an estimated $334 million with a cash value of $205 million. That makes it Powerball's second-highest top prize this year.

This is our earlier story with the winning numbers.

Feeling lucky? if so, hopefully you plunked down $2 for a ticket to Wednesday's Powerball drawing offering one of the biggest lottery jackpots ever. Check your numbers here.

The latest winning numbers for Powerball are:

12-36-38-54-61, Powerball: 22, Power Play: 3X

The estimated jackpot is $301.8 million. The lump sum payment before taxes is about $184 million.

While the jackpot is one of the largest lottery prizes recently, it isn't close yet to the record Powerball prize of $590.5 million in May 2013.

Powerball drawings are Wednesdays and Saturdays, and are offered in the 44 states, Washington D.C., Puerto Rico and the U.S. Virgin Islands.

The odds of winning the jackpot with a $2 ticket are 1 in 175,223,510.

Homicide rates in most major Major New England cities rose from 2014 to 2015, though Boston and Providence appeared to buck the trend.

SPRINGFIELD — With 2015 coming to a close, homicide rates surged in Springfield and Hartford this year, while the total number of people killed in Boston and Providence declined from last year.

As of Dec. 30, Springfield had 18 homicides, a 28.5 percent increase from the 14 killings in 2014. With a population of almost 154,000, New England's fourth-largest city had 19 homicides in 2013 and 12 in 2012.

Hartford, a city with 30,000 fewer residents, saw a dramatic spike in murders this year, from 19 in 2014 to 31 as of Dec. 12 – an increase of more than 63 percent.

While Springfield rarely experiences more than 20 murders annually, Hartford, New England's seventh-largest city, has surpassed that number every year since 2001 – except for last year and in 2004, when Connecticut's capital city logged only 16 homicides.

Since 2001, Hartford has logged 30 or more homicides on four occasions, including 44 murders in 2003. However, 16 of those 44 murders were attributed to an intentionally set fire at a city nursing home.

In Boston, New England's largest city with a population 656,000, the homicide rate dipped by about 26 percent, from 54 in 2014 to 40 as of Tuesday. Two of this year's murders in the Hub were investigated by State Police assigned to the Suffolk County District Attorney's Office.

In Worcester, New England's second-biggest city with roughly 183,000 residents, there were nine homicides this year, two more than in 2014.

In New Haven, New England's sixth-largest city with a population of 130,000, there were 15 homicides as of Dec. 8, two more than last year's total.

Homicides were down by 25 percent in Providence, New England's third-largest city with 179,000 residents. As of Sunday, the city had 15 murders, five less than last year's total. By comparison, Rhode Island's largest city had 14 homicides in 2013.

In Bridgeport, New England's fifth-biggest city with a population over 147,000, this year's murder rate spiked by about 58 percent, from 12 in 2014 to 19 as of Christmas Eve. That's when 14-year-old Luis Colon was gunned down by a 23-year-old man.

Detectives were investigating the case but say the mother's story matches the evidence so far.

ST. CLOUD, Fla. -- A woman fatally shot by her mother in central Florida after being mistaken for an intruder had been visiting for the holidays, police said Wednesday.

The mother was asleep when she heard someone enter her home late Tuesday, St. Cloud police Sgt. Denise Roberts said Wednesday. The mother told police she heard footsteps approaching quickly so she fired a single shot.

She then discovered the person was her 27-year-old daughter, according to a news release from police. The daughter had been visiting from North Carolina and didn't live in the home, Roberts said.

The daughter was taken to a hospital where she died. The mother also was taken to a hospital for treatment.

St. Cloud police officials said the mother is a 911 dispatcher for Osceola County and her husband is a St. Cloud police corporal. The Associated Press isn't naming the family members because of the husband's past work as an undercover narcotics officer, as well as the fact that no criminal charges have been filed.

Detectives were investigating the case but say the mother's story matches the evidence so far.

"At this time, the incident appears to be an accidental shooting," the news release said.

The state attorney's office will review the shooting to decide whether charges should be filed after the St. Cloud Police Department has completed its investigation.

Because the shooter wasn't a law enforcement officer, the Florida Department of Law Enforcement will not be investigating.