[Federal Register: February 4, 2008 (Volume 73, Number 23)]
[Notices]
[Page 6549-6552]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04fe08-85]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Express Lanes Demonstration Program
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice; request for applications.
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SUMMARY: Section 1604(b) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L.
109-59; Aug. 10, 2005), authorizes the Secretary of Transportation
(Secretary) to carry out 15 demonstration projects to permit States,
public authorities, or public or private entities designated by States,
the authority to collect a toll from a motor vehicle on an eligible
toll facility. This notice invites States, public authorities, or other
entities as designated by States to apply to participate in the Express
Lanes Demonstration Program. It also presents guidelines for program
applications and participation.
DATES: Applications must be received no later than May 31, 2009.
FOR FURTHER INFORMATION CONTACT: For questions about this notice,
contact Mr. Wayne Berman, Office of Operations, (202) 366-4069,
Wayne.Berman@dot.gov); for legal questions contact Mr. Michael
Harkins, Attorney Advisor, Office of the Chief Counsel, (202) 366-4928,
Michael.Harkins@dot.gov). The FHWA is located at 1200 New Jersey
Avenue, SE., Washington, DC 20590. Office hours are from 7:45 a.m. to
4:15 p.m., e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this document may be downloaded from the
Federal Register's home page at: http://www.archives.gov and the Government Printing Office's database at: http://www.access.gpo.gov/
nara.
Background
There is a growing consensus among transportation policymakers and
economists that existing financing mechanisms for highway and aviation
infrastructure are unsustainable in the long-term and will be unable to
keep pace with projected demands on the transportation network. In May
2006, the National Strategy to Reduce Congestion on America's
Transportation Network was introduced by the U.S. Department of
Transportation to set forth several initiatives to relieve
congestion.\1\ The Express Lanes
[[Page 6550]]
Demonstration Program furthers the goals of the National Strategy to
Reduce Congestion by allowing States to better manage congestion and
improve their ability to finance new or expanded highway capacity
through the use of tolling.
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\1\ Speaking before the National Retail Federation's annual
conference on May 16, 2006, in Washington, DC, former U.S.
Transportation Secretary Norman Mineta unveiled a new plan to reduce
congestion plaguing America's roads, rails, and airports. The
National Strategy to Reduce Congestion on America's Transportation
Network includes a number of initiatives designed to reduce
transportation congestion. The transcripts of these remarks is
available at the following URL: http://www.dot.gov/affairs/minetasp051606.htm
.
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SAFETEA-LU offers States broader authority to use tolling on a
pilot or demonstration basis. The Express Lanes Demonstration (ELD)
program is a new pilot program that permits tolling on selected new and
existing Interstate lanes to manage high levels of congestion, reduce
emissions in a non-attainment or maintenance area, or finance added
Interstate lanes for the purpose of reducing congestion. The ELD
program is one of six Federal tolling programs. There is no special
Federal funding specifically authorized for this program. For further
information on other Federal tolling programs available, please refer
to the Federal Register notice published on January 6, 2006 (71 FR
965), entitled ``Safe, Accountable, Flexible, Efficient Transportation
Equity Act: A Legacy for Users (SAFETEA-LU); Opportunities for State
and Other Qualifying Agencies to Gain Authority to Toll Facilities
Constructed Using Federal Funds.''
Demonstration Projects
Section 1604(b)(2) authorizes the Secretary to carry out 15
demonstration projects under the ELD program. A demonstration project
may include more than one facility so long as such facilities
interrelate in a regional strategy to manage high levels of congestion,
to reduce emissions in a nonattainment area, or to finance the
expansion of a highway for the purpose of reducing traffic congestion.
There is no special Federal funding specifically authorized for this
program. Regular Federal-aid highway funds may be used, subject to the
normal eligibility requirements for these funds.
Eligible Project Types
The ELD program permits tolling on any newly constructed Interstate
or non-Interstate lanes. In addition, existing Interstate or non-
Interstate facilities that are modified or constructed to create toll
lanes are eligible to collect tolls on the entire facility.
Additionally, existing Interstate or non-Interstate HOV facilities are
eligible to collect tolls on the entire facility. Eligible toll
facilities fall under four broad categories of new and existing highway
capacity. Specifically, section 1604(b)(1)(A) of SAFETEA-LU lists the
following four types of eligible toll facilities:
1. A facility in existence on August 10, 2005 (date of enactment of
SAFETEA-LU), that collects tolls;
2. A facility in existence on August 10, 2005, that serves high
occupancy vehicles (HOV);
3. A facility modified or constructed after August 10, 2005, to
create additional tolled lane capacity, including a facility
constructed by a private entity or using private funds; and
4. In the case of a new lane added to a previously non-tolled
facility, only the new lane.
Definitions
For the purposes of the ELD program, the following definitions are
provided to clarify various terms and phrases having special
significance in the ELD program:
A ``demonstration project,'' for the purpose of this program, means
a project that involves collecting a toll from a motor vehicle at an
eligible toll facility for the purposes of meeting the goals set forth
for this program.
A ``facility that serves high occupancy vehicles'' or ``HOV
facility'' provides any preferential treatment through an exclusive
lane(s), park-and-ride lots, or other support facilities or elements.
The preferential treatment must give priority to buses, vanpools,
carpools or high-occupancy vehicles either all or part of the day. The
facility must have been in existence and providing such preferential
treatment on August 10, 2005.
An ``HOV lane'' provides any preferential lane designated for
exclusive use by vehicles with 2 or more occupants for all or part of a
day, including a designated lane on a freeway, other highway or a
street, or independent roadway on a separate right-of-way.
The phrase ``modified or constructed'' for the purposes of the ELD
program means improvements made to the existing lanes. Examples include
reconstruction, rehabilitation, resurfacing, or restoring the existing
lanes, reconfiguration of entrance and exit ramps, the installation of
toll barriers, and restriping to create additional lanes.
``Toll Agreement'' means the agreement required to be executed
between the FHWA and a State and other public authorities or private
entity to grant the authority to collect tolls. The toll agreement must
be executed by the Executive Director of the FHWA and the relevant
State department of transportation and other third parties, as
appropriate, and shall provide that any toll revenues received from the
operation of the toll facility will be used in accordance with section
1604(b)(3)(A) of SAFETEA-LU. Each executed agreement constitutes one
demonstration project and must be executed between the FHWA, the
relevant State department of transportation, and any other applicable
public authority or private entity to a demonstration project prior to
September 30, 2009.
Tolling Existing Capacity
There are two ways that existing non-tolled capacity may be tolled
under this pilot program. First, section 1604(b)(1)(A)(ii) of SAFETEA-
LU allows a State to toll a facility in existence on August 10, 2005,
that serves high occupancy vehicles. As stated in the definitions,
these facilities are those that provide any preferential treatment to
buses, vanpools, carpools, or HOVs. One example of a facility eligible
for tolling under this provision is one with a designated HOV lane.
Another example of a facility that is eligible for tolling under this
provision is one with designated commuter parking or is served by bus
rapid transit.
Second, section 1604(b)(1)(A)(iii) allows a State to toll a
facility that is modified or constructed after August 10, 2005, to
create additional tolled lane capacity. This provision would allow
States to toll the existing non-tolled lanes when a new toll-lane is
created and the existing lanes are modified or constructed (note that
section 1604(b)(1)(A)(iv) would only allow the new lane to be tolled if
the existing lanes are not modified or constructed). While the existing
lanes must be modified or constructed, improvements do not need to be
made throughout the entire length of the project. Tolling will be
permitted on the existing lanes if the improvements are expected to
improve or benefit, directly or indirectly, the operational performance
of the entire length of the facility proposed to be tolled. The State
must demonstrate these benefits to the FHWA in the required
application.
Toll Agreements
As provided at section 1604(b)(3)(C) of SAFETEA-LU, a toll
agreement must be executed prior to the collection of tolls on any toll
facility under a demonstration project. Since authority to carry-out
demonstration projects is only granted through the end of fiscal year
2009, a toll agreement must be executed prior to September 30, 2009.
While a toll agreement must be executed prior to September 30, 2009,
tolling may commence anytime after this date. In general, the toll
agreement will restrict the use of revenues collected on any toll
[[Page 6551]]
facilities operating under any demonstration project and will be
executed by the FHWA, State, and other relevant public authorities or
private parties. More details on the revenue use restrictions are
discussed below.
Eligible Uses of Revenue
As provided in section 1604(b)(3)(A) of SAFETEA-LU, toll revenues
received under the Express Lanes Demonstration Program shall be used by
a State, public authority, or private entity designated by a State, for
the following purposes:
1. Debt service;
2. Reasonable return on investment of any private financing;
3. To fund the costs necessary for proper operation and maintenance
of any facilities used for this demonstration program (including
reconstruction, resurfacing, restoration, and rehabilitation); or
4. If the State, public authority, or private entity annually
certifies that the eligible toll facility is being adequately operated
and maintained, the toll revenues may be used for any other purpose
relating to a highway or transit project carried out under title 23 or
49, United States Code.
Electronic Toll Collection
As outlined in section 1604(b)(5) of SAFETEA-LU, fees collected
under this program shall be collected only through the use of noncash
electronic technology that optimizes the free flow of traffic on the
tolled facility. Project sponsors are also encouraged to explore
interoperability of other noncash electronic technology in their
respective regions. In order to advance the requirements under this
Section, a Notice of Proposed Rulemaking, titled ``Interoperability
Requirements, Standards, or Performance Specifications for Automated
Toll Collection Systems'' was published in the Federal Register on
September 20, 2007, at 72 FR 53736.
HOV Lanes
As provided in section 1604(b)(3)(B)(iii) of SAFETEA-LU, a State
may permit motor vehicles with a single occupant to operate in a HOV
lane pursuant to 23 U.S.C. 166. Under 23 U.S.C. 166, a State may allow
single occupant vehicles to operate in a HOV lane only if the operator
is charged a toll. Additionally, 23 U.S.C. 166 permits single occupant
motorcycles, bicycles, public transportation vehicles, inherently low
emission vehicles (ILEVs), and other low emission and energy efficient
vehicles to operate in a HOV lane. However, the exception for ILEVs and
other low emission and energy efficient vehicles expires on September
30, 2009. Should a State allow any single occupant vehicles to use a
HOV lane, 23 U.S.C. 166(d) mandates that the State carry-out certain
responsibilities with respect to enforcement as well as monitoring,
evaluating, and reporting on the impacts such vehicles have to the
operation of the HOV lane. Title 23 U.S.C. 166(d) also requires the
State to limit or discontinue the use of the facility by any single
occupant vehicles should the presence of such vehicles on the facility
degrade the facility's operation. Additionally, section
1604(b)(3)(B)(ii) requires that the tolls on any HOV facility vary in
price according to time of day or level of traffic as appropriate to
manage congestion or improve air quality.
Program Coordination and Assistance
The FHWA, Office of Operations, is responsible for coordinating all
tolling and pricing programs that now exist under the Federal-aid
highway program. The Express Lanes Demonstration Program is one of six
tolling programs or provisions that currently exists for Federal-aid
highways. The FHWA Tolling and Pricing Opportunities Web site is
located at http://www.ops.fhwa.dot.gov/tolling_pricing.
The Office of Operations has formed a working group known as the
``Tolling and Pricing Team.'' The key role for the Tolling and Pricing
Team is to assist public authorities by directing them to the most
appropriate program (or programs) among the options available. Members
of the Tolling and Pricing Team represent the FHWA Offices of
Operations and Infrastructure--the primary offices responsible for
administering each of the tolling and pricing programs--and other
oversight offices within the U.S. Department of Transportation,
including, but not limited to the Office of the Secretary and the FHWA
Offices of the Administrator and Chief Counsel.
The ``Expression of Interest''
A public authority that wants to request authority under any
Federal tolling program, including the Express Lanes Demonstration
Program, or other tolling and funding authority is asked to submit an
Expression of Interest to the Tolling and Pricing Team in care of the
FHWA Office of Operations in Washington, DC at the address listed
below. Submittal of an Expression of Interest is optional, but is
strongly recommended so that the Tolling and Pricing Team can confirm
that an application is best suited to the tolling authority requested.
An Expression of Interest template can be downloaded at http://www.ops.fhwa.dot.gov/tolling_pricing/participation.htm.
Use of the
template is optional. The Expression of Interest may be attached as an
e-mail to TollingandPricingTeam@dot.gov, or a hardcopy can be mailed to
Mr. Wayne Berman, FHWA Office of Operations, HOTM, 1200 New Jersey
Avenue, SE., Washington, DC 20590. Concurrently, the Expression of
Interest should be copied to the respective State FHWA Division Office.
The Expression of Interest is a document--in letter, memo, or
report format--that provides the rationale for the intended project. A
complete Expression of Interest will enable the Tolling and Pricing
Team to provide the best assistance and identify the range of options
possible to meet intended goals and timeframes. The Tolling and Pricing
Team reviews all ``Expressions of Interest'' for the various tolling
opportunities contained in current law but does not have responsibility
to approve or disapprove specific projects. That responsibility will
remain with each of the respective FHWA program offices responsible for
administering a specific tolling and pricing program. By requesting and
reviewing all Expressions of Interest, the Tolling and Pricing Team can
effectively guide an applicant to the most appropriate program.
Formal Application Procedures
Pursuant to section 1604(b)(4) of SAFETEA-LU, States, public
authorities or private entities must submit a formal application to the
FHWA in order to be eligible to participate in the program, regardless
of whether the recommended Expression of Interest is submitted or not.
Applicants are strongly encouraged to coordinate with their contacts at
the FHWA Division office in their State as they are developing their
application.
A formal application will only be approved if the project meets the
necessary requirements and objectives of the program set forth in
section 1604(b) of SAFETEA-LU. As outlined in section 1604(b)(4) of
SAFETEA-LU, the formal application must contain the following
information in order to qualify as a demonstration project:
1. A description of the project, including construction that may be
involved;
2. An identification and description of the type of facility
proposed to be tolled;
3. A specific description of which lanes are intended to be tolled,
and for which limits;
4. A timeline of project development process, including key
milestones over
[[Page 6552]]
the next 3 years and the anticipated date a toll agreement will be
executed;
5. A description of the congestion or air quality problems sought
to be addressed under the program;
6. A description of the performance goals sought to be achieved
under the program, which should include goals related to addressing the
effects on travel, traffic, and air quality; the distribution of
benefits and burdens on users of the facility; the use of alternative
modes of transportation; and the use of revenues to transportation or
impact mitigation needs;
7. Plans for regular monitoring and reporting on the achievement of
the project's performance goals;
8. An identification of the timing on when the facility will begin
tolling motor vehicles and for how long a period tolling will be in
effect;
9. Description of the type of noncash technology and standards that
will be applied to automate the tolling operations; and
10. Description of tolling strategy considered, for instance, fixed
or variable pricing.
The formal application should be submitted directly through the
State Department of Transportation to the appropriate FHWA Division
Administrator. The FHWA Division will then forward the application to
Mr. Wayne Berman, c/o the Office of Operations, HOTM, 1200 New Jersey
Avenue, SE., Washington, DC 20590, or via e-mail at
wayne.berman@dot.gov. Upon finding that the application provides
relevant information pertaining to the above listed factors, the FHWA
will determine whether to accept the application and grant authority to
toll motor vehicles on the facility. The FHWA's determination will
based, in part, upon availability of program slots and competition with
other pending and anticipated project applications, including projects
that further the objectives of the ``Congestion Initiative'' (see
http://www.fightgridlocknow.gov/), such as for the Corridors of the
Future or the Urban Partnership Initiatives. Any applications received
by the FHWA prior to the publication of this Notice need only address
the minimum eligibility factors contained in section 1604(b)(4)(A) &
(B) of SAFETEA-LU. For further questions about the formal application
process, please contact Mr. Wayne Berman, Office of Operations at (202)
366-4069.
Performance Goals and Monitoring
Pursuant to section 1604(b)(7) of SAFETEA-LU, the Secretary, in
cooperation with the State, public authority, private entity, and other
program participants must develop performance goals for each project
and publish such goals for public comment. These performance goals will
first be proposed by the State, public authority, private entity, or
other program participant in the formal application to participate in
the program. These goals must include goals related to addressing the
effects on travel, traffic, and air quality; the distribution of
benefits and burdens on users of the facility; the use of alternative
modes of transportation; and the use of revenues to transportation or
impact mitigation needs. The FHWA will review the performance goals and
provide feedback to the applicant if the FHWA has any questions or
comments. Once satisfied with the project's performance goals, the FHWA
will publish these goals in the Federal Register and solicit public
comment, as required in section 1604(b).
Additionally, section 1604(b)(7) of SAFETEA-LU requires the
Secretary, in cooperation with the State, public authority, private
entity, and other program participants, to establish a program for
regular monitoring and reporting on the achievement of the performance
goals. A description of the monitoring program should be included in
the project's application, and should include a process whereby the
State, public authority, private entity, and other program participant
will report on the project's achievement of the performance goals by
March 31 of each year. In the case where a private entity has been
designated by the State to carry out the demonstration project, the
private entity shall work with the State in evaluating the performance
goals. Once the FHWA is satisfied with the monitoring and reporting
program, the FHWA will publish a description of the program in the
Federal Register and solicit public comment.
The establishment of the performance goals and a monitoring program
required by section 1604(b)(7) of SAFETEA-LU, including the publication
of such goals and monitoring in the Federal Register and solicitation
of public comment, does not need to occur prior to the FHWA's approval
of the State's application.
Authority: Section 1604(b) of Public Law 109-59; 23 U.S.C. 315;
49 CFR 1.48.
Issued on: January 24, 2008.
J. Richard Capka,
Federal Highway Administrator.
[FR Doc. E8-1932 Filed 2-1-08; 8:45 am]
BILLING CODE 4910-22-P