FR Doc E9-392

[Federal Register: January 14, 2009 (Volume 74, Number 9)]
[Proposed Rules]
[Page 1993-2005]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja09-23]

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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 511

[FHWA Docket No. FHWA-2006-24219]
RIN 2125-AF19

Real-Time System Management Information Program

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); request for comments.

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SUMMARY: Section 1201 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) requires the
Secretary of Transportation (Secretary) to establish a Real-Time System
Management Information Program that provides, in all States, the
capability to monitor, in real-time, the traffic and travel conditions
of the major highways of the United States and to share that data with
State and local governments and with the traveling public. This
proposed rule would establish minimum parameters and requirements for
States to make available and share traffic and travel conditions
information via real-time information programs.

DATES: Comments must be received on or before April 14, 2009. Late-
filed comments will be considered to the extent practicable.

ADDRESSES: Mail or hand deliver comments to the U.S. Department of
Transportation, Docket Management Facility, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, or fax comments to (202) 493-
2251. Comments may be submitted electronically to the Federal
eRulemaking portal at http://www.regulations.gov. All comments should
include the docket number that appears in the heading of this document.
All comments received will be available for examination and copying at
the above address from 9 a.m. to 5 p.m., e.t., Monday through Friday,
except Federal holidays. Those desiring notification of receipt of
comments must include a self-addressed, stamped postcard or you may
print the acknowledgment page that appears after submitting comments
electronically. Anyone is able to search the electronic form of all
comments in any one of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, or labor union). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70, Pages 19477-78) or you may visit
http://DocketsInfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Rupert, FHWA Office of
Operations, (202) 366-2194, or via e-mail at robert.rupert@dot.gov; or,
Mr. James Pol, U.S. DOT ITS Joint Program Office, (202) 366-4374, or
via e-mail at james.pol@dot.gov. For legal questions, please contact
Ms. Lisa MacPhee, Attorney Advisor, FHWA Office of the Chief Counsel,
(202) 366-1392, or via e-mail atlisa.macphee@dot.gov. Office hours for
the FHWA are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday,
except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

You may submit or retrieve comments online through the Federal
eRulemaking portal at: http://www.regulations.gov. Electronic
submission and retrieval help and guidelines are available under the
help section of the Web site. The Federal eRulemaking portal is
available 24 hours each day, 365 days each year. Please follow the
instructions. An electronic copy of this document may also be
downloaded by accessing the Office of the Federal Register's home page
at http://www.archives.gov or the Government Printing Office's Web page
at http://www.gpoaccess.gov/nara.

A Brief Description of the Proposed Rule

The FHWA proposes to require that each State establish a real-time
information program that would provide traffic and travel conditions
reporting and support other efforts related to congestion relief. The
provision of traffic and travel conditions reporting to other agencies
and to travelers would enable agencies to communicate the operational
characteristics within their State or metropolitan area. Such
information would disclose the presence and severity of congestion and
other travel impedances that limit traveler mobility and the efficient
movement of goods.
These proposed regulations would not impose any requirement for a
State to apply any particular technology, any particular technology-
dependent application, or any particular business approach for
establishing a real-time information program. States and other public
agencies instead would be encouraged to consider any salient
technology, technology-dependent application, and business approach
options that yield information products consistent with the
requirements set forth in this proposed rule. States will be encouraged
to work with value added information providers to establish real-time
information programs. Value added information providers presently and
in the future will create information products for commercial use, for
sale to a customer base, or for other commercial enterprise purposes.
Based upon this proposed rule, such products could be derived from
information from public sector sources in addition to the private
sector's own capabilities for creating information content.
The FHWA proposes to require real-time information programs to be
capable of delivering traffic and travel conditions on: traffic
incidents that block roadway travel, roadway weather conditions, and
construction activities affecting travel conditions. Those real-time
information programs that deliver traffic and travel conditions for
Metropolitan Areas exceeding a population of 1 million inhabitants also
would provide travel times for highway segments.
The FHWA proposes to require general uniformity among the real-time
information programs to ensure consistent service to travelers and to
other agencies. The table below identifies the proposed traffic and
travel condition categories and characteristics:

[[Page 1994]]

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Timeliness for delivery
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Non-
Category of information Metropolitan metropolitan Availability Accuracy (in
areas (in areas (in (in percent) percent)
minutes) minutes)
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Construction activities:
Implementing or removing lane closures...... 10 20 90 85
Roadway or lane blocking traffic incident 10 20 90 85
information................................
Roadway weather observation updates......... 20 20 90 85
Travel time along highway segments.......... 10 NA 90 85
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Further details are provided in this notice on how the FHWA
determined these categories of information, the timeliness for
delivery, availability, and accuracy in the Section-by-Section
description. Readers of this notice are directed to the description for
Section 511.309, ``Provisions for traffic and travel conditions
reporting'' for the details.
The FHWA proposes to require that real-time information programs be
established in two stages: First for reporting traffic and travel
conditions along all Interstate highways in each State; second for
reporting traffic and travel conditions along other Metropolitan Area,
non-Interstate highways that sustain local mobility and that serve as
diversion routes that alleviate congested locations.
The FHWA proposes that the establishment of the real-time
information programs for reporting traffic and travel conditions along
all Interstate highways in each State should be completed within two
years. Therefore, the FHWA proposes to require a completion date of two
years after publication of the final rule in the Federal Register to
establish the real-time information program for traffic and travel
conditions reporting on all Interstate highways.
Finally, the FHWA proposes to require that the establishment of the
real-time information programs for reporting traffic and travel
conditions along Metropolitan Area, non-Interstate highways be
completed within 4 years of the date the final rule is published in the
Federal Register. The selection of non-Interstate highways to be
covered in a real-time information program will depend on factors
determined by the local partners. The FHWA proposes to encourage
selection criteria such as recurring or frequent congestion, utility
for use as a diversion route, and susceptibility for other mobility and
safety limiting impacts.
The FHWA requests comment on the proposed approach summarized above
and described in detail below to monitor traffic and travel conditions
in real-time, and on how such monitoring can make the most cost-
effective use of the limited resources available to the States.
Further, the FHWA requests comment on the consideration, options, and
use of information to account for the analysis of the balance between
the benefits and cost of the proposed rule, as described in detail in
the ``Regulatory Cost Analysis of Proposed Rulemaking'', available in
the docket.

Program Administration

This proposed rule will be subject to the provisions set forth in
Sec. 1.36 of Title 23 of the Code of Federal Regulations which states,
``[i]f the Administrator determines that a State has violated or failed
to comply with the Federal laws or the regulations in this part with
respect to a project, he may withhold payment to the State of Federal
funds on account of such project, withhold approval of further projects
in the State, and take such other action that he deems appropriate
under the circumstances, until compliance or remedial action has been
accomplished by the State to the satisfaction of the Administrator.''

Background

In May 2006, the Department announced its National Strategy to
Reduce Congestion on America's Transportation Network (the Congestion
Relief Initiative), a bold and comprehensive national program to reduce
congestion on the Nation's roads, rails, runways, and waterways.\1\ The
FHWA is concentrating on congestion relief by promoting a variety of
technology and techniques, including: Tolling and Pricing; Public and
Private Partnerships; Real-Time Traveler Information; Traffic Incident
Management; Work Zone Mobility; and, Traffic Signal Timing. These
efforts by the FHWA address many of the root causes of recurring and
non-recurring congestion.
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\1\ Speaking before the National Retail Federation's annual
conference on May 16, 2006, in Washington, D.C., former U.S.
Transportation Secretary Norman Mineta unveiled a new plan to reduce
congestion plaguing America's roads, rail, and airports. The
National Strategy to Reduce Congestion on America's Transportation
Network includes a number of initiatives designed to reduce
transportation congestion. The transcript of these remarks is
available at the following URL: http://www.dot.gov/affairs/
minetasp051606.htm.
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At its most fundamental level, highway congestion is caused by the
failure to develop mechanisms to efficiently manage use of existing
capacity and expand capacity in locations where the benefits are the
greatest. The ever increasing demands for the use of the nation's
highways are severely imbalanced with the level of funding provided to
maintain and construct new highways. For highway users, the phenomenon
of demand outstripping supply ultimately manifests a cost upon
individual travelers who have to bear increasing congestion. The price
of highway travel (gas taxes, registration fees, etc.) currently bears
little or no relationship to the cost of congestion. Put differently,
the average rush hour driver pays out of pocket costs that do not
reflect the true costs of the travel. As a result, the network gets
swamped, vehicle throughput collapses, and the cost of congestion to
all users grows rapidly.
In more immediate terms, congestion is caused by a number of
additional factors, including traffic incidents, special events,
weather, work zones, and poor signal timing. Various research studies
conducted by the FHWA indicate that half of recurring congestion occurs
because of bottlenecks, poor signal timing, and special events. The
remainder is divided among non-recurring phenomena such as work zones,
traffic incidents, and bad weather.
The purpose of the Real-Time System Management Information Program
is to provide congestion relief by stimulating cooperation among State
Departments of Transportation, other responsible agencies, and
commercial entities to widen the accessibility of traffic and travel
conditions information via real-time information programs. Travelers
and transportation agencies increasingly will depend on traffic and
travel conditions information, delivered by combinations of public and
private

[[Page 1995]]

information providers, to manage congestion.\2\
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\2\ Additional discussion on the extensibility of traffic and
travel conditions information is provided in Closing the Data Gap:
Guidelines for Quality Advanced Traveler Information System (ATIS)
Data available at the following URL: http://
www.itsdocs.fhwa.dot.gov//JPODOCS/REPT_MIS/13580.html
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The value for a real-time information program to travelers is
experienced at a personal level. Traffic and travel conditions
information is ``decision-quality'' information that allows travelers
to choose the most efficient mode, time of departure, and route to
their final destination. This information should be easily accessed at
a low cost in order to be useful to the average traveler. Timely and
detailed information about traffic incidents, weather conditions,
construction activities, and special events aid in improving travel
time predictability, better choices, and reduced congestion.
The value for a real-time information program to transportation
agencies would be greater control of system-wide transportation assets.
Information collection and dissemination are critical for enabling
public agencies to provide for efficient interstate movement of goods
and to reduce the level of congestion commonly experienced in
metropolitan areas. Thus, the minimum set of information that would be
required in this proposed rule include:
Construction activities affecting travel conditions, such
as implementing or removing lane closures;
Roadway or lane blocking traffic incident information;
Updated roadway weather observations; and,
Travel time information along highway segments in
metropolitan areas.
This proposed rule results from the efforts of private industry,
elected officials, and public officials to reduce congestion and the
burden it places on travelers. The 109th Congress recognized the
collaborative efforts to reduce congestion and directed the FHWA to
provide congestion relief to American travelers.
Under the heading of ``Congestion Relief,'' section 1201 of
SAFETEA-LU (Pub. L. 109-59, 119 Stat. 1144, Aug. 10, 2005) requires the
Secretary of Transportation to establish a Real-Time System Management
Information Program to provide, in all States, the capability to
monitor, in real-time, the traffic and travel conditions of the major
highways of the United States and to share that information to improve
the security of the surface transportation system, to address
congestion problems, to support improved response to weather events and
surface transportation incidents, and to facilitate national and
regional highway traveler information. The purposes of the Real-Time
System Management Information Program are to:
(1) Establish, in all States, a system of basic real-time
information for managing and operating the surface transportation
system;
(2) Identify longer range real-time highway and transit monitoring
needs and develop plans and strategies for meeting such needs; and
(3) Provide the capability and means to share that data with State
and local governments and the traveling public.
Section 1201(c)(1) of SAFTEA-LU states that as State and local
governments develop or update regional intelligent transportation
system (ITS) architectures, described in 23 CFR 940.9, such governments
shall explicitly address real-time highway and transit information
needs and the systems needed to meet such needs, including addressing
coverage, monitoring systems, data fusion and archiving, and methods of
exchanging or sharing highway and transit information. The FHWA
envisions that States carrying out updates of regional ITS
architectures would consider broadening the geographic coverage area
for gathering and reporting traffic and travel conditions.
This NPRM does not pertain to subsections 1201(b) or 1201(c)(2) of
the SAFETEA-LU, which address the establishment of data exchange
formats. Data exchange formats shall be established to ensure that the
data provided by highway and transit monitoring systems may be
exchanged readily among State and local governments and information
applications that communicate to the traveling public. The FHWA
established these data exchange formats to satisfy the 2-year statutory
deadline defined by SAFETEA-LU to complete this task. The SAFETEA-LU
legislation establishes that States shall incorporate the data exchange
formats established by the Secretary. The FHWA published data exchange
formats and a technical memorandum describing the implementation and
use of the data exchange formats in the Federal Register on October 15,
2007 (72 FR 58347) and on the FHWA Office of Operations Web site,
available at URL: http://www.ops.fhwa.dot.gov.

May 2006 Request for Information

On May 4, 2006, the FHWA published a notice in the Federal Register
(71 FR 26399) outlining some proposed preliminary program parameters
and seeking public comments on the proposed description of the Real-
time System Management Information Program, including its outcome
goals, definitions for various program parameters, and the current
status of related activities in the States. The comments submitted in
response to this notice were used to develop this proposed
rulemaking.\3\ We received a total of 44 comments to the docket, of
which 22 of the submissions were from State Departments of
Transportation (DOT's). Responses also were received from
representatives of the private sector and national associations.
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\3\ All comments received via the U.S. DOT Docket Management
System or the Federal eRulemaking portal can be viewed at http://
www.regulations.gov. The submitted comments can be retrieved via
Docket No. 24219.
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Many of the State DOT's that responded identified that they were
capable of achieving many of the goals outlined in the notice by 2009,
provided that there would be a phased approach for achieving key
milestones. The public sector responses often cited funding
limitations, budget and planning cycles, and the lack of data
collection infrastructure as obstacles to fully achieving all of the
program goals by a 2009 date. All of the private sector responses
indicated that all of the stated objectives could be achieved by 2009
and perhaps sooner.
The private sector respondents generally believed that having the
information on nearly every road, at least in urban areas, was a
reasonable goal. Many State and local public sector respondents did
support reporting of conditions along arterial highways, but preferred
to define which ones locally. Respondents generally noted that rural
and urban areas might have different needs for coverage. Several rural
States noted that monitoring the National Highway System plus other
limited access roadways would overwhelm their strained resources and
would not necessarily improve the quality of the traffic and travel
conditions reporting. One private sector respondent suggested using the
same definition of ``major highway'' as the mapping industry.
There was general support for including travel times and speeds, as
well as extent and degree of congested conditions in urban areas.
Several rural States objected to the congestion requirement. Several
States suggested adding expected duration for incidents, scheduled
events, Homeland Security emergency notifications, maintenance work
zones as well as construction work zones, hurricane evacuation, and
terrorist acts. There was strong and

[[Page 1996]]

articulate opposition from States about including information on public
transportation disruptions.
There was general support for the proposed definition of ``real-
time'' for congestion, travel time, and lane blockage information.
There was no consensus among the respondents concerning the proposed
thresholds for timeliness and accuracy: Private sector respondents
commonly suggested more stringent thresholds, some State agencies
suggested weaker thresholds; some overall respondents agreed with the
thresholds identified in the notice. Several respondents, including
State DOTs, noted that a more stringent timeliness threshold (5 minutes
or less) would be more useful to the public. A few State agencies and
private sector organizations noted that they were already meeting and
exceeding these proposed threshold requirements. A few States objected
to the timeliness threshold requirements as inappropriate for rural
areas. Several respondents noted that the timeliness threshold
requirements imply either a fully automated system or a 24/7 staff,
which is likely not available immediately in all areas of the country.
Overall the responses reflected reasonable support for the proposed
scope of the program, with the acknowledgement that there were
dissenting opinions on some details. Nearly all the respondents
anticipated that the FHWA would propose a rule to establish a program
to advance the level of traffic and travel conditions reporting
available today. The FHWA is proposing this NPRM to exercise the
authority established by Congress to provide for congestion relief and
to support the Department's Congestion Relief Initiative. This proposed
rule enables various methods for mitigating the effects of recurring
and non-recurring congestion by assisting agencies in providing 511
telephone-based traveler information; enhancing traffic incident
management; improving work zone mobility; updating and coordinating
traffic signal timing; and providing localized bottleneck relief.\4\
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\4\ Additional information about FHWA's focus on congestion is
available at the following URL: http://www.fhwa.dot.gov/congestion/
toolbox/index.htm.
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The comments that were received in the docket contributed
substantially to this proposed rule in two key areas: program phasing
and content requirements. The preference for a phased approach in
achieving the program implementation milestones led to the two distinct
dates proposed for establishing a real-time information program: One
deployment for all Interstates 2 years after the date the final rule is
published in the Federal Register, the other for non-Interstate
highways in metropolitan areas by 4 years from the date the final rule
is published in the Federal Register. The FHWA viewed that the combined
efforts of the public and private sectors could successfully achieve
these proposed milestones. The FHWA noted the interest of many public
sector respondents about their preference to select the routes for
traffic and travel conditions reporting.
There was wide variability in the content requirements for traffic
and travel conditions reporting, especially in selecting a threshold
for disseminating information after it has been collected. The FHWA
considered the responses in parallel with the types of information that
are needed to provide congestion relief. Based on the comments, the
focus of the information to be reported centered on non-recurrent
events like construction/maintenance; road closures and major delays;
major special events; and, weather and road surface conditions.\5\
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\5\ These types of content are consistent with those documented
in Implementation and Operational Guidelines for 511 Services, v.3.0
(2005), available at the following URL: http://www.deploy511.org/
implementationguide.htm. The guidelines were prepared by the 511
Deployment Coalition of the American Association of State Highway
and Transportation Officials (AASHTO), ITS America, the American
Public Transportation Association (APTA), and the USDOT to promote
service consistency to help achieve a nationwide 511 system.
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Transportation System Operations Enhancements Enabled by the Proposed
Rule

A critical factor in the ability of transportation managers to
respond effectively to a wide variety of events and situations is the
availability of information that conveys the operating status of
transportation facilities in real-time. Through the availability of
information that improves upon today's geographic coverage, data
accessibility, accuracy, and availability, transportation system
operators would have the tools necessary to reduce congestion,
facilitate incident management, and improve management of
transportation systems assets.
Real-time information programs are proposed to be established so
that States easily can exchange information on the real-time
operational status of the transportation network with other States and
with the private sector, value-added information market.\6\ This
cooperation and sharing of information could stimulate the
dissemination of traffic and travel conditions that include Web or
wireless access to route-specific travel time and toll information;
route planning assistance using historical records of congestion by
time of day; and communications technologies that gather traffic and
incident-related data from a sample of vehicles traveling on a roadway
and then publishing that information to travelers via mobile phones,
personal digital assistants (PDAs), in-car units, or dynamic message
signs.
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\6\ The value-added information market creates products intended
for commercial use, for sale to a customer base, or for other
commercial enterprise purposes. The market may rely on information
gathered by States, from other sources, or from the market's own
capabilities to create the information.
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The establishment of real-time information programs could enable
the exchange of commonly applied information among public and private
partners, which would stimulate national availability of travel
conditions information. Real-time information programs could increase
the available quantity of data for conditions prediction, expand
commercial markets that broker information, provide validated and
accurate data for performance measure development and reporting, and
stimulate new information products that could not be achieved with
present day methods.
The Real-Time System Management Information Program as described in
the statute is focused upon making data available for a range of
applications that benefit States and travelers. The proposed rule would
implement that statute to provide a substantial foundation for the
collection and gathering of data in a manner that would provide
coherent use for other applications. The 511 Implementation and
Operational Guidelines Version 3.0 \7\ (2005) illustrate what detailed
information from a real-time information program could be provided for
other applications:
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\7\ Available at the following URL: http://www.deploy511.org/
implementationguide.htm.
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Location--The location or portion of route segment where a
reported item is occurring, related to mileposts, interchange(s) and /
or common landmark(s).
Direction of Travel--The direction of travel where a
reported item is occurring.
General Description and Impact--A brief account and impact
of the reported item.
Days/Hours and/or Duration--The period in which the
reported item is ``active'' and possibly affecting travel.
Travel Time or Delay--The duration of traveling from point
A to

[[Page 1997]]

point B, a segment or a trip expressed in time (or delay a traveler
will experience).
Detours/Restrictions/Routing Advice--As appropriate,
summaries of required detours, suggested alternate routes or modes and
restrictions associated with a reported item.
Forecasted Weather and Road Surface Conditions--Near-term
forecasted weather and pavement conditions along the route segment.
Current Observed Weather and Road Surface Conditions--
Conditions known to be in existence that impact travel along the route
segment.
The extent of the proposed rule would be solely the provision of
real-time information, yet the outcomes possible through this program
would also reach the business of the private sector and the public
sector. The proposed rule itself is neither centered on a particular
technology nor on a technology-dependent application. States
establishing a real-time information program would be able to employ
any solution chosen to make the information available. States and
public agencies can enter into collaborative agreements with the
private sector for establishing the program and gathering the data.
States and public agencies could purchase value added information
products from value added information providers. States and public
agencies could apply combinations of these, and other, approaches to
establish a successful real-time information program.

Section-by-Section Discussion

This NPRM proposes to incorporate a new, Part 511 to be titled
Real-Time System Management Information Program.

Section 511.301 Purpose

The purpose of this part would be to implement the requirements of
subsections 1201(a)(1); 1201(a)(2); and, 1201(c)(1) of SAFETEA-LU,
which directs the Secretary to establish a Real-Time System Management
Information Program that creates the capability in each State to
monitor and collect, in real-time, the operational status of the
transportation system network.

Section 511.303 Policy

Researchers working on a study on mobility considered the following
question, ``Are Traffic Congestion and/or Travel Reliability Getting
Worse?'' Their observations noted that ``four years (2000 through 2003)
of archived detector data in the Mobility Monitoring Program point to
an overall national trend of steady growth in traffic congestion and
decline in travel reliability.'' \8\ The continued growth in congestion
poses a burden on society by degrading quality of life, diminishing
economic productivity, and jeopardizing personal safety.\9\ The Real-
Time System Management Information Program would become an asset for
the Department as it advances the Congestion Relief Initiative.
Promoting Operational and Technical Improvements is featured as one of
the elements in the Departmental Congestion Initiative, stressing the
need to improve operational performance, including providing better
real-time traffic information to all system users.
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\8\ Monitoring Urban Roadways in 2003: Current Conditions and
Trends from Archived Operations Data, available at the following
URL: http://mobility.tamu.edu/mmp/FHWA-HOP-05-018/findings.stm.
\9\ Detailed facts and figures are provided on the FHWA Focus on
Congestion Web site, available at the following URL: http://
www.fhwa.dot.gov/congestion/describing_problem.htm.
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In Subtitle B to the SAFETEA-LU, Congress directs the FHWA to
improve the security of the surface transportation system, to address
congestion problems, to support improved response to weather events and
surface transportation incidents, and to facilitate national and
regional highway traveler information. Section 1201 of SAFETEA-LU
directs the Department of Transportation to establish a Real-Time
System Management Information Program that establishes real-time
monitoring of traffic and travel conditions of the major highways of
the United States and to enable States to share that data with other
governments and with the traveling public. The data used to craft
traffic and traveler conditions information are extensible, which
systems developers would apply towards enabling a range of applications
that agencies and travelers use to make more effective decisions.
In the Travel Time Data Collection Handbook,\10\ the FHWA
documented that the availability of traffic conditions reporting offers
data that are extensible for a broad array of uses:
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\10\ Report No. FHWA-PL-98-035, published in 1998, is available
at the following URL: http://www.fhwa.dot.gov/ohim/timedata.htm. The
Travel Time Data Collection Handbook provides guidance to
transportation professionals and practitioners for the collection,
reduction, and presentation of travel time data. The handbook
provides a reference for designing travel time data collection
efforts and systems, performing travel time studies, and reducing
and presenting travel time data.
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Planning and Design

Develop transportation policies and programs
Perform needs studies/assessments
Rank and prioritize transportation improvement projects for funding
Evaluate project-specific transportation improvement strategies
Input/calibration for air quality/mobile source emission models
Input/calibration for travel demand forecasting models
Calculate road user costs for economic analyses

Operations

Develop historical travel time data base
Input/calibration for traffic models (traffic, emissions, fuel
consumption)
Real-time freeway and arterial street traffic control
Route guidance and navigation
Traveler information
Incident detection

Evaluation

Congestion management system/performance measurement
Establish/monitor congestion trends (extent, intensity, duration,
reliability)
Identify congested locations and bottlenecks
Measure effectiveness and benefits of improvements
Communicate information about transportation problems and solutions
Research and development
The utility of the information may extend to events of various
breadths of impact and scale. The information that is conveyed via
real-time information programs can be considered highly valuable for
the coordination of response and recovery from no-notice events, such
as industrial accidents and willful acts of destruction, as well as
those events that stimulate large displacements of people and
disruptions to goods movements, such as in the event of hurricanes. The
real-time information program should be treated as an asset for the
first responder community, the homeland security community, and the
transportation community.
The FHWA does not propose to require a particular technology or
methodology for use in establishing the real-time information program.
Instead, the FHWA encourages States to consider all available and cost-
effective approaches, including those that involve the participation of
the value added information providers or other public-private
partnership ventures.

Section 511.305 Definitions

This section proposes to include definitions for terms that have
special significance to a proposal under the Real-Time System
Management Information program.
The proposed definition for ``Statewide incident reporting system''
is the same that is listed in section 1201(f) of SAFETEA-LU.

[[Page 1998]]

Section 511.307 Eligibility for Federal Funding

The FHWA proposes to permit a State to use its National Highway
System, Congestion Mitigation and Air Quality Improvement (CMAQ)
program, and Surface Transportation Program Federal-aid program
apportionments for activities related to the planning and deployment of
real-time monitoring elements that advance the goals of the Real-Time
System Management Information Program. The FHWA has issued policy
guidance, available at http://www.ops.fhwa.dot.gov/travelinfo/
resources/ops_memo.htm, indicating that transportation system
operations activities, such as real-time monitoring, are eligible under
the major Federal-aid programs noted previously, within the
requirements of the specific programs. State planning and research
funds would also be available for activities relating to the planning
of real-time monitoring elements.
Title 23, U.S. Code, section 120(a) provides for a 90 percent
Federal share payable for projects providing traffic and travel
conditions reporting on the Interstate System. Only projects that
provide traffic and travel conditions reporting on the Interstate
highways are subject to this provision. The establishment of real-time
information programs on non-Interstate highways is subject to an 80
percent Federal share payable, as provided under 23 U.S.C. 120(b).

Section 511.309 Provisions for Traffic and Travel Conditions Reporting

This section describes the proposed parameters and performance
characteristics for States to establish effective traffic and travel
conditions reporting capabilities. The parameters and performance
characteristics were outlined in the notice published in the Federal
Register on May 4, 2006 (discussed in more detail in the Background
section). The responses to this notice were applied to define the
proposed project parameters.
At a minimum, the proposed information categories for traffic and
travel conditions reporting would include: construction activities
affecting travel conditions, such as implementing or removing lane
closures; roadway or lane blocking traffic incident information;
regularly updated roadway weather conditions; and, travel time along
metropolitan area highway segments.
The responses to the May 2006 Federal Register notice indicated
little preference for the provision of transit event information to be
included with the other categories of traffic and travel conditions
reporting. The FHWA requests and welcomes comments on the viability and
practicality for including transit event information. Additionally, the
FHWA requests and welcomes comments on whether transit event
information should be explicitly identified as part of the final
regulation to be codified in the Code of Federal Regulations.
The following table summarizes the proposed categories and criteria
for the data. Also note that there are separate characteristics for
traffic and travel conditions reporting in metropolitan areas and non-
metropolitan areas.

The rationale for determining these proposed traffic and travel
conditions characteristics is based upon responses to the request for
comments notice dated May 2006, several research studies commissioned
by FHWA and other transportation associations, and guidance documents
published by the FHWA. The following paragraphs provide the details on
how the FHWA determined that these characteristics are appropriate for
the proposed rule.
The relationship between data accuracy and timeliness for delivery
may be described as indirectly proportional: the longer the time-span
for delivery the more accurate the data become. There are other
contributing factors involved and the relationship does not hold true
in every possible application. However, it is unmistakable that
unambiguous and efficient data exchange depends on data quality. One
way to ensure that data quality and data accuracy satisfy a minimum
threshold is to perform validity checks to test if data have become
corrupted from the time it is created at the source location to the
time it is received. Simply put, performing validity checks takes time.
Researchers who have studied the characteristics of metropolitan
area information gathering have noted a wide variance in the timeliness
characteristic.\11\ ``The time aggregation level varies widely, from 20
seconds in San Antonio to 15 minutes in several areas.'' The timeliness
characteristic in this proposed rule is most essential for reporting of
travel time along highway segments in metropolitan areas. A common
practice in many metropolitan areas is the point detection of speeds
and volume, in which information is collected discreetly for one point
along the highway. Such an approach lends to preparing estimates of
travel times along highway segments because of the lack of a spatial
dimension in the original information gathering.
---------------------------------------------------------------------------

\11\ Monitoring Urban Roadways in 2003: Current Conditions and
Trends from Archived Operations Data, available at the following
URL: http://mobility.tamu.edu/mmp/FHWA-HOP-05-018/data.stm. The
Mobility Monitoring Program is an effort by the FHWA to track and
report traffic congestion and travel reliability on a national
scale. The referenced document provides an analysis of archived
traffic detector data, spanning 2000 through 2003, from nearly 30
cities.
---------------------------------------------------------------------------

There are several contributing factors that led to the timeliness
thresholds that the FHWA proposes in this rule: The wide array of
traffic and travel conditions information gathering; the short life
span of travel time information; the temporal variability in which many
metropolitan areas gather information from source locations; the time
needed to perform estimate calculations; and, the time needed to amass
the data from other sources to perform adequate validity checks to
ensure accuracy.
The FHWA proposes that metropolitan areas should be subject to a
more stringent timeliness threshold than non-metropolitan areas. The
basis for this is rooted in the results of several ITS Deployment
Tracking Surveys that indicate growing sophistication in metropolitan
area traffic and travel

[[Page 1999]]

conditions reporting.\12\ Also, metropolitan areas are subject to
congestion effects which can be measured through travel time and delay.
---------------------------------------------------------------------------

\12\ Based upon freeway miles with real-time traffic data
collection technologies as described in the ``National Trends'' page
of the ITS Deployment Statistics Web site, available at the
following URL: http://www.itsdeployment.its.dot.gov/
Trendsgraph.asp?comp=FM.
---------------------------------------------------------------------------

The FHWA proposes that non-metropolitan areas should satisfy a
timeliness metric for information delivery threshold, yet such a
threshold should consider the context of transportation operations in
such locations. Non-metropolitan areas commonly feature fewer source
locations for which traffic and travel conditions information are
generated. The broader distances between the likely sources of
information, the reduced availability of power and communications to
convey source information, and the lower susceptibility to recurring
congestion effects (e.g., poor signal timing, bottlenecks) justify a
longer timeliness threshold. The timeliness threshold values for non-
metropolitan areas in this proposed rule are oriented towards the
movement of goods and for promoting the safety of travelers along the
nation's Interstate highways.
It should also be noted that higher accuracy and more rapid
availability of data likely will be needed to support complex
operations such as High Occupancy Toll (HOT) operations and other
congestion and value pricing applications. Additionally, States
increasingly will rely on accurate performance measure data to
determine the effectiveness of High Occupancy Vehicle (HOV) lanes for
mitigating regional congestion. States should consider the data quality
implications in advance of developing congestion management
applications that rely upon data from various sources. Some States may
consider the data gathering methods for specific transportation
facilities such as dedicated HOT/HOV lanes, cordon area entry points,
and other zones which may feature rigorous and complex data gathering
mechanisms.
The FHWA believes that conveying travel times along highway
segments would be valuable for a real-time information program. In a
guidance document titled Travel Time Data Collection Report (Report
FHWA-PL-98-035) the FHWA identifies the following broad characteristics
for defining highway segments:

The segment lengths may vary depending upon the data collection
technique, but should be no longer than the following general
ranges:
Freeways/Expressways: 1.6 to 4.8 km (1 to 3 mi)
Principal Arterials: 1.6 to 3.2 km (1 to 2 mi)
Minor Arterials: 0.8 to 3.2 km (1/2 to 2 mi)

The FHWA welcomes comments on the viability and practicality for
using the above mentioned parameters as a guide for highway segment
definition. Additionally, the FHWA welcomes comments on whether such
parameters should be explicitly identified as part of the final
regulation to be codified in the Code of Federal Regulations.

Section 511.311 Real-Time Information Program Establishment

This section proposes to require that every State establish a real-
time information program for delivering traffic and travel conditions
reporting along Interstate highways no later than 2 years after the
date the final rule is published in the Federal Register. This section
reiterates SAFETEA-LU section 1201(c)(1), requiring that updates to
existing Regional ITS architectures shall conform to the National ITS
Architecture \13\ as described in 23 CFR 940. Furthermore, section
1201(c)(1) requires that updated Regional ITS architecture ``address
real-time highway and transit information needs and the systems needed
to meet such needs'' and include ``methods of exchanging or sharing
highway and transit information.'' States would continue the current
practice of providing the real-time information through common
Internet-based communications.
---------------------------------------------------------------------------

\13\ The National ITS Architecture is a common framework for
Intelligent Transportation Systems interoperability. The National
ITS Architecture is maintained by the U.S. DOT and is available on
the DOT Web site at http://www.its.dot.gov.
---------------------------------------------------------------------------

The FHWA anticipates that the capability exists to establish
traffic and traveler information by the proposed completion date. There
is ample evidence that traffic and travel conditions reporting exists
that can be leveraged to establish the enhancements in this proposed
rule. As of October 31, 2007, there were 40 active 511 systems \14\ for
delivering traveler information via telephony along with 29 co-branded
511 Web sites.\15\ Several hundred information outlets spanning every
State have been documented by the FHWA to illustrate a vibrant traveler
information marketplace.\16\
---------------------------------------------------------------------------

\14\ Simply stated, 511 is an easy-to-remember 3-digit telephone
number, available nationwide, that provides current information
about travel conditions, allowing travelers to make better choices--
choice of time, choice of mode of transportation, choice of route.
\15\ Information on the deployment of 511 is available at the
following URL: http://www.deploy511.org.
\16\ Information on the 511 program is available at the
following URL: http://www.fhwa.dot.gov/trafficinfo/index.htm.
---------------------------------------------------------------------------

The information types for non-metropolitan area traffic and travel
conditions reporting are most often produced by individuals at the
incident scene and construction site, and thus may be information
produced by resources available in the present day. Updated weather
conditions information commonly involves automated mechanisms to
produce actionable observations. The FHWA, working with States and
associations, continue to work collaboratively to produce information
management tools that extend today's weather observation capabilities.
The FHWA has preliminarily determined that the wealth of information
sources that exist today make establishing the real-time information
program within the proposed completion date feasible.

Section 511.313 Metropolitan Area Real-time Information Program
Supplement

This section pertains to those Metropolitan Statistical Areas
(MSAs) of 1 million inhabitants or more.\17\ As of December 31, 2006,
the MSAs that exceed the 1 million population threshold include the
following 49 locations:
---------------------------------------------------------------------------

\17\ As defined in Table 3a of the ``Ranking Tables for
Population of Metropolitan Statistical Areas (Areas defined by the
Office of Management and Budget as of June 6, 2003)'', available at
the following URL: http://www.census.gov/population/www/cen2000/phc-
t29.html.

------------------------------------------------------------------------

------------------------------------------------------------------------
1.............................. New York-Northern New 18,323,002
Jersey-Long Island, NY-
NJ-PA.
2.............................. Los Angeles-Long Beach- 12,365,627
Santa Ana, CA.
3.............................. Chicago-Napeville- 9,098,316
Joliet, IL-IN-WI.
4.............................. Philadelphia-Camden- 5,687,147
Wilmington, PA-NJ-DE.
5.............................. Dallas-Fort Worth- 5,161,544
Arlington, TX.
6.............................. Miami-Fort Lauderdale- 5,007,564
Miami Beach, FL.
7.............................. Washington-Arlington- 4,796,183
Alexandria, DC-VA-MD.

[[Page 2000]]

8.............................. Houston-Baytown- 4,715,407
SugarLand, TX.
9.............................. Detroit-Warren-Livonia, 4,452,557
MI.
10............................. Boston-Cambridge- 4,391,344
Quincy, MA-NH.
11............................. Atlanta-Sandy Springs- 4,247,981
Marietta, GA.
12............................. San Francisco-Oakland- 4,123,740
Fremont, CA.
13............................. Riverside-San 3,254,821
Bernardino-Ontario, CA.
14............................. Phoenix-Mesa- 3,251,876
Scottsdale, AZ.
15............................. Seattle-Tacoma- 3,043,878
Bellevue, WA.
16............................. Minneapolis-St. Paul- 2,968,806
Bloomington, MN-WI.
17............................. San Diego-Carlsbad-San 2,813,833
Marcos, CA.
18............................. St. Louis, MO-IL....... 2,698,687
19............................. Baltimore-Towson, MD... 2,552,994
20............................. Pittsburgh, PA......... 2,431,087
21............................. Tampa-St. Petersburg- 2,395,997
Clearwater, FL.
22............................. Denver-Aurora, CO...... 2,179,240
23............................. Cleveland-Elyria- 2,148,143
Mentor, OH.
24............................. Cincinnati-Middletown, 2,009,632
OH-KY-IN.
25............................. Portland-Vancouver- 1,927,881
Beavertown, OR-WA.
26............................. Kansas City, MO-KS..... 1,836,038
27............................. Sacramento-Arden-Arcade- 1,796,857
Roseville, CA.
28............................. San Jose-Sunnyvale- 1,735,819
Santa Clara, CA.
29............................. San Antonio, TX........ 1,711,703
30............................. Orlando, FL............ 1,644,561
31............................. Columbus, OH........... 1,612,694
32............................. Providence-New Bedford- 1,582,997
Fall River, RI-MA.
33............................. Virginia Beach-Norfolk- 1,576,370
Newport News, VA-NC.
34............................. Indianapolis, IN....... 1,525,104
35............................. Milwaukee-Waukesha-West 1,500,741
Allis, WI.
36............................. Las Vegas-Paradise, NV. 1,375,765
37............................. Charlotte-Gastonia- 1,330,448
Concord, NC-SC.
38............................. New Orleans-Metairie- 1,316,510
Kenner, LA.
39............................. Nashville-Davidson- 1,311,789
Murfreesboro, TN.
40............................. Austin-Round Rock, TX.. 1,249,763
41............................. Memphis,TN-MS-AR....... 1,205,204
42............................. Buffalo-Niagara Falls, 1,170,111
NY.
43............................. Louisville, KY-IN...... 1,161,975
44............................. Hartford-West Hartford- 1,148,618
East Hartford, CT.
45............................. Jacksonville, FL....... 1,122,750
46............................. Richmond, VA........... 1,096,957
47............................. Oklahoma City, OK...... 1,095,421
48............................. Birmingham-Hoover, AL.. 1,052,238
49............................. Rochester, NY.......... 1,037,831
------------------------------------------------------------------------

In addition to the provisions of section 511.311, the State
Departments of Transportation that correspond to the qualifying
metropolitan areas would be required to deliver travel time information
along Interstate highway segments throughout the entire metropolitan
area. This section continues to propose a requirement to establish the
real-time information program to deliver traffic and travel conditions
reporting along the Interstate System highways within qualifying
metropolitan areas no later than two years after the date the final
rule is published in the Federal Register.
Section 511.313(d) proposes to require every State to identify
routes of significance from among other non-Interstate highways that
merit traffic and travel conditions reporting. States would apply
existing coordination practices that are applied to make decisions
concerning regional transportation system operations, management, and
maintenance. Routes of significance would be identified by States, in
consultation with the FHWA, to identify non-Interstate highways that
would be included in a metropolitan area real-time information program.
Federally-funded, State and locally-funded, and privately-funded
highways could be designated routes of significance. Other highways
that apply tolling and variable end-user pricing could be designated
routes of significance. It would be up to the discretion of the States
to define the criteria for selecting routes of significance, however,
States are encouraged to consider highway safety (e.g., crash rate,
routes affected by environmental events), public safety (e.g., routes
used for evacuations), economic productivity, and severity of
congestion among the criteria. The FHWA proposes to require the State
Departments of Transportation corresponding to the qualifying
metropolitan areas to establish the real-time information program
components for traffic and travel conditions reporting along the State-
designated routes of significance within these metropolitan areas no
later than 4 years after publication of the final rule.
The rationale for determining the completion dates for Metropolitan
Area traffic and travel conditions reporting is based upon responses to
the request for comments notice dated May 2006, reported availability
from States to the level of deployment of transportation operations
applications, and research studies conducted by the FHWA and other
organizations on operational challenges on the arterial highways that
commonly serve as diversion routes away from congestion. The following
paragraphs provide the details on how the FHWA determined that these
time limits are appropriate for the proposed rule.
The FHWA anticipates that the capability exists in the largest
metropolitan areas to establish traffic and traveler information by the
proposed completion date. Deployment statistics collected by the FHWA
from State and other public agencies illustrate substantial
capabilities to perform traffic and travel conditions

[[Page 2001]]

reporting.\18\ In 2005 there were 56 metropolitan areas out of 71
surveyed metropolitan areas that feature traffic and travel reporting
capabilities, providing reporting coverage of over 6,500 miles of
metropolitan area freeways. This figure corresponds to a 38 percent
proportion of coverage of all 17,000 freeway miles contained within the
56 metropolitan areas known to have reporting features. There is ample
evidence that traffic and travel conditions reporting exists today that
can be leveraged to establish the enhancements in this proposed rule.
The FHWA believes that the wealth of information sources that exist
today enable Interstate reporting by the proposed completion date.
---------------------------------------------------------------------------

\18\ The ITS Deployment Statistics Database Web site is
available at the following URL: http://
www.itsdeployment.its.dot.gov.
---------------------------------------------------------------------------

A separate completion date is proposed for establishing real-time
information programs that extend geographic coverage to State selected
highways. Many of the responses to the May 2006 Request for Comments
indicated a desire for a phased approach in which States could
establish broader geographic coverage. The responses also indicated
that traffic and travel conditions reporting along non-Interstate
highways may lack some key information characteristics, most notably
travel time reporting. The FHWA recognizes that travel time reporting
along non-Interstate highways and arterial highways can be challenging
because of issues such as property access features, coordination with
Interstate interchanges, and signalized intersection control. The FHWA
also recognizes that metropolitan areas need to coordinate with a range
of partners to agree upon additional non-Interstate highways that merit
traffic and travel conditions reporting to serve a number of purposes,
including providing a diversion route away from congestion. In this
proposal, the FHWA estimates that the additional 24 months represents
adequate time to determine the additional facilities and establishing
the real-time information program for these locations.

Section 511.315 Program Administration

This section proposes that compliance with Part 511 will be
monitored by the FHWA. The FHWA may decline to approve Federal-aid
projects pursuant to 23 CFR 1.36 if a State fails to establish a real-
time information program described in section 511.311 and section
511.313.

Rulemaking Analyses and Notices

All comments received before the close of business on the comment
closing date indicated above will be considered and will be available
for examination in the docket at the above address. Comments received
after the comment closing date will be filed in the docket and will be
considered to the extent practicable. In addition to late comments, the
FHWA will also continue to file relevant information in the docket as
it becomes available after the comment period closing date, and
interested persons should continue to examine the docket for new
material. A final rule may be published at any time after close of the
comment period.

Executive Order 12866 (Regulatory Planning and Review) and DOT
Regulatory Policies and Procedures

The FHWA has determined preliminarily that this action would be an
economically significant rulemaking action within the meaning of
Executive Order 12866 and would be a significant within the meaning of
the U.S. Department of Transportation's regulatory policies and
procedures. This rulemaking proposes provisions and parameters for
States to implement real-time monitoring of the transportation system
as mandated in section 1201 of SAFETEA-LU. The Real-Time System
Management Information Program is a newly created and complex program,
receiving no dedicated Federal funding. This action is considered
significant because of the substantial State and local government, and
public interest in the information products enabled through this
program.
This proposed rule is not anticipated to adversely affect, in a
material way, any sector of the economy. This proposed rulemaking sets
forth provisions and parameters for State Departments of Transportation
to implement on Interstate highways and maintain from 2010 until 2018
an effective Real-Time System Management Information Program, which
will result in some cost impacts to States or Metropolitan Planning
Organizations (MPOs). This period would reflect the establishment of
real-time information programs plus a seven-year period of operation.
The seven-year period of operation assumes that equipment and
supporting material for the real-time information program is fully
replaceable after the operational life cycle. The FHWA has conducted a
cost analysis identifying each of the proposed regulatory changes that
would have a significant cost impact for MPOs or State DOTs. This cost
analysis is included as a separate document, entitled ``Regulatory Cost
Analysis of Proposed Rulemaking,'' and is available for review in the
docket. Based on the cost analysis, we propose an estimate that the net
present value of the estimated costs and benefits through 2018
represents at least a $1.8 Billion benefit to American travelers and
taxpayers, corresponding to a benefit-cost ratio of 2.5. In addition,
the State DOTs have the flexibility to use most other Federal highway
dollars including Congestion Mitigation and Air Quality (CMAQ) program
and Surface Transportation Program (STP) funds for real-time monitoring
program implementation. Additionally, State Planning and Research (SPR)
funds can be applied fully towards the planning of real-time monitoring
projects.
The FHWA requests comments on the economic analysis of these
proposed regulations including appropriateness of using the Georgia
NaviGAtor study in the ``Regulatory Cost Analysis of Proposed
Rulemaking'' to estimate benefits. Comments, including those from the
State DOTs, regarding specific burdens, impacts, costs, and cost-
effective use of limited resources would be most welcome and would aid
us in more fully appreciating the impacts of substantially increasing
the real-time monitoring and reporting capabilities nationwide. FHWA
requests comments from State DOT's and others regarding how they
anticipate they will comply with these proposed regulations, including
the technologies to be used and the estimated cost per center-line
mile. Hence, we encourage comments on all facets of this proposal
regarding its costs, burdens, and impacts.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,
5 U.S.C. 601-612) we have evaluated the effects of this proposed action
on small entities. The FHWA has determined that States and MPOs are not
included in the definition of small entity set forth in 5 U.S.C. 601.
Small governmental jurisdictions are limited to representations of
populations of less than 50,000. MPOs, by definition, represent
urbanized areas having a minimum population on 50,000. The FHWA
preliminarily certifies that this action would not have a significant
economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
(Pub. L. 1041-4; 109 Stat. 48) requires

[[Page 2002]]

Federal agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by States, local,
or tribal governments, in the aggregate, or by the private sector, of
more than $100 million annually (adjusted for inflation to $136.1
million in 2007 dollars). Before promulgating a rule for which a
written statement is needed, section 205 of the UMRA generally requires
the agency to identify and consider a reasonable number of regulatory
alternatives and adopt the least costly, most cost-effective, or least
burdensome alternative that achieves the objective of the rule. The
provisions of section 205 do not apply when they are inconsistent with
applicable law. Moreover, section 205 allows the agency to adopt an
alternative other than the least costly, most cost-effective, or least
burdensome alternative if the agency publishes with the final rule an
explanation of why that alternative was not adopted.
The effects of this proposed rulemaking are discussed earlier in
the preamble and in the ``Regulatory Cost Analysis of Proposed
Rulemaking'' contained in the docket for this rulemaking. Because the
proposed rule is neither centered on a particular technology nor on a
technology-dependent application, these documents consider a number of
alternatives and provide a number of technological choices, thereby
offering broad flexibility to minimize costs of compliance with the
standard. This NPRM proposes a phased approach and limits the content
requirements for a real-time information system only to those needed to
provide congestion relief. Additionally, while no new funding is
available for this program, States and MPOs are afforded flexibility to
use its National Highway System, CMAQ, and Surface Transportation
Program Federal-aid apportionments for activities related to the
planning and deployment of real-time monitoring elements that advance
the goals of the Real-Time System Management Information Program. As
such, the agency has provided a proposal that selects the most cost-
effective alternative that achieves the objectives of the rulemaking.
As noted above, the FHWA requests and welcomes comments on this
benefit-cost analysis, providing the public input necessary to ensure
the most cost-effective use of limited government resources.

Executive Order 13132 (Federalism)

This proposed action has been analyzed in accordance with the
principles and criteria contained in Executive Order 13132, and the
FHWA has determined preliminarily that this proposed action would not
have sufficient federalism implications to warrant the preparation of a
Federalism assessment. The FHWA has also preliminarily determined that
this proposed action would not preempt any State law or State
regulation or affect the States' ability to discharge traditional State
governmental functions. The FHWA contacted the National Governors'
Association in writing about its determination. The National Governors'
Association did not respond. The FHWA requests and welcomes comments on
the Federalism implications of these proposed regulations.

Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501, et
seq.), Federal agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct, sponsor, or require through regulations.
The FHWA has determined that this proposed rule contains a
requirement for data and information to be collected and maintained in
the support of operational decisions that affect the safety and
mobility of the traveling public related to information on construction
activities, including implementing and removing lane closures; roadway
or lane blocking traffic incident information; roadway weather
observation updates; and, calculated travel times along highway
segments. In order to streamline the process, the FHWA intends to
request that the OMB approve a single information collection clearance
for all of the data in this proposed regulation. The FHWA reminds
potential respondents that the Real-Time System Management Information
Program is a program that supports solely the collection of
transportation system data, primarily through automated means, with the
transportation system data available for other use. The proposed Real-
Time System Management Information Program itself does not produce
informational or reporting products that are required by the Department
of Transportation or other entities in the Federal Government.
Respondents to this information collection include State
Transportation Departments from all 50 States, Puerto Rico, and the
District of Columbia. The FHWA estimates that 20 States presently do
not appear to provide real-time information on a continual basis to the
public or to other States using conventional information dissemination
technologies.\19\ The FHWA estimates that a total of 175,200 burden
hours per year would be imposed on these non-Federal entities to
provide all the required information to comply with the proposed
regulation requirements for real-time information programs.
---------------------------------------------------------------------------

\19\ Based upon the table ``Freeway Miles Under Traffic
Surveillance'' from the 2005 Metropolitan Summary survey. This table
is retrievable from the ITS Deployment Statistics Web site,
available at the following URL: http://
www.itsdeployment.its.dot.gov/Results.asp?year=2005&rpt=M&filter=1&ID
=307.
---------------------------------------------------------------------------

Further, there are 32 States operating at least one 511 traveler
information dissemination service that provide nearly all of the
information categories identified in this proposed regulation.\20\ The
automated systems that gather the input for delivery for 511 also
convey information via Dynamic Message Signs (DMS) for en-route
travelers. The use of DMS is common for conveying travel time
information messages. Based on known reports for 511 delivery services
and for travel time messages on DMS \21\ a more accurate calculation of
the burden hours is possible. For all 32 States known to provide
automated real-time traveler information: All 32 States provide
construction activities information; all 32 States provide roadway
incident information; 28 States provide roadway weather observations;
and, 15 States provide travel time information on highway segments.
---------------------------------------------------------------------------

\20\ Based upon the document titled, ``Profiles of Traveler
Information Services Update 2008,'' available at the following URL:
http://www.fta.dot.gov/documents/2008_511_Profiles.pdf. As of July
2008 there are 41 known 511 systems in operation.
\21\ Based on the page ``Travel times on DMS Status,'' available
at the following URL: http://ops.fhwa.dot.gov/travelinfo/dms/
index.htm.
---------------------------------------------------------------------------

The estimated total burden to provide the additional information
needed to attain full compliance with the proposed regulation includes
175,200 burden hours for States with no observable real-time
information capability, plus 148,920 burden hours for States with real-
time information capabilities to deliver travel time information, plus
35,040 burden hours for States with real-time information capabilities
to deliver weather observation updates. The total estimated burden
therefore is 359,160 hours for automated sources to deliver the
information categories identified in this proposed regulation.
The FHWA is required to submit this proposed collection of
information to OMB for review and approval, and accordingly, seeks
public comments. Comments are requested regarding any aspect of these
information collection requirements, including, but not limited

[[Page 2003]]

to: (1) The accuracy of the estimated burden; (2) ways to enhance the
quality, utility and clarity of the collected information; and, (3)
ways to minimize the collection burden without reducing the quality of
the collected information.

National Environmental Policy Act

The agency has analyzed this proposed action for the purpose of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has
determined that the establishment of the Real-Time System Management
Information Program, as required by the Congress in SAFETEA-LU, may
yield a $384 million benefit from the reduction of greenhouse gas
emissions and also from reductions of fuel consumption \22\ and has
determined preliminarily that this rule will not significantly affect
the quality of the human environment. The promulgation of regulations
has been identified as a categorical exclusion under 23 CFR
771.117(c)(20).
---------------------------------------------------------------------------

\22\ This estimated benefit is documented in Table 1 on Page 14
of the Regulatory Benefit-Cost Analysis of Proposed Rulemaking
included in this docket.
---------------------------------------------------------------------------

Executive Order 12630 (Taking of Private Property)

The FHWA has analyzed this proposed rule under Executive Order
12630, Governmental Actions and Interface with Constitutionally
Protected Property Rights. The FHWA does not anticipate that this
proposed action would affect a taking of private property or otherwise
have taking implications under Executive Order 12630.

Executive Order 12988 (Civil Justice Reform)

This action meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. The FHWA certifies that this proposed action would not cause any
environmental risk to health or safety that might disproportionately
affect children.

Executive Order 13175 (Tribal Consultation)

The FHWA has analyzed this action under Executive Order 13175,
dated November 6, 2000, and believes that the proposed action would not
have substantial direct effects on one or more Indian tribes; would not
impose substantial direct compliance costs on Indian tribal
governments; and would not preempt tribal laws. The proposed rulemaking
addresses provisions and parameters for the Real-Time System Management
Information Program and would not impose any direct compliance
requirements on Indian tribal governments. Therefore, a tribal summary
impact statement is not required.

Executive Order 13211 (Energy Effects)

We have analyzed this proposed action under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use dated May 18, 2001. We have determined that the
proposed rule is not a significant energy action under that order since
it is not likely to have a significant adverse effect on the supply,
distribution, or use of energy. Therefore, a Statement of Energy
Effects is not required.

Executive Order 12898 (Environmental Justice)

Executive Order 12898 requires that each Federal agency make
achieving environmental justice part of its mission by identifying and
addressing, as appropriate, disproportionately high and adverse human
health or environmental effects of its programs, policies, and
activities on minorities and low-income populations. The FHWA has
preliminarily determined that this proposed rule does not raise any
environmental justice issues. The FHWA requests comment on this
assessment.

Regulation Identification Number

A regulation identification number (RIN) is assigned to each
regulatory action listed in the Unified Agenda of Federal Regulations.
The Regulatory Information Service Center publishes the Unified Agenda
in April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.

List of Subjects in 23 CFR Part 511

Grant programs--transportation, Highway traffic safety, Highways
and roads, Transportation, Travel, Travel restrictions.

Issued on: January 6, 2009.
Thomas J. Madison, Jr.,
Federal Highways Administrator.

In consideration of the foregoing, the FHWA proposes to add a new
part 511, to Title 23, Code of Federal Regulations, to read as follows:

PART 511--REAL-TIME SYSTEM MANAGEMENT INFORMATION PROGRAM

Subpart A--[Reserved]
Subpart B--[Reserved]
Subpart C--Real-Time System Management Information Program
Sec.
511.301 Purpose.
511.303 Policy.
511.305 Definitions.
511.307 Eligibility for Federal Funding.
511.309 Provisions for traffic and travel conditions reporting.
511.311 Real-time information program establishment.
511.313 Metropolitan area real-time information program supplement.
511.315 Program administration.

Authority: Section 1201, Pub. L. 109-59; 23 U.S.C. 315; 23
U.S.C. 120; 49 CFR 1.48.

Subpart A--[Reserved]

Subpart B--[Reserved]

Subpart C--Real-Time System Management Information Program

Sec. 511.301 Purpose.

The purpose of this part is to establish the provisions and
parameters for the Real-Time System Management Information Program.
This regulation provides the provisions for implementing Subsections
1201(a)(1), (a)(2), and (c)(1) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU)
(Pub. L. 109-59; 119 Stat. 1144), pertaining to Congestion Relief.

Sec. 511.303 Policy.

This regulation establishes the provisions and parameters for the
Real-Time System Management Information Program so that State
Departments of Transportation, other responsible agencies, and
partnerships with other commercial entities can establish a real-time
information program that secures accessibility to traffic and travel
conditions information to other public agencies, the traveling public,
and to other parties who may deliver value added information products
on a fee-for-service basis.

Sec. 511.305 Definitions.

Unless otherwise specified in this part, the definitions in 23
U.S.C. 101(a) are applicable to this subpart. As used in this part:
Accessibility means the relative ease with which data can be
retrieved and

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manipulated by data consumers to meet their needs.
Accuracy means the measure or degree of agreement between a data
value or set of values and a source assumed to be correct.
Availability means the degree to which data values are present in
the attributes (e.g., volume and speed are attributes of traffic) that
require them. Availability is typically described in terms of
percentages or number of data values.
Congestion means the level at which transportation system
performance is unacceptable due to excessive travel times and delays.
Coverage means the degree to which data values in a sample
accurately represent the whole of that which is to be measured.
Data quality means the fitness of data for all purposes that
require such data.
Metropolitan Areas means the geographic areas designated as
Metropolitan Statistical Areas by the Office of Management and Budget
in the Executive Office of the President with a population exceeding
1,000,000 inhabitants.
Real-time information program means creating the methods by which
States gather the data necessary for traffic and travel conditions
reporting. Such means may involve State-only activity, State
partnership with commercial providers of value added information
products, or other effective means that enable the State to satisfy the
provisions for traffic and travel time conditions reporting stated in
this Subsection.
Statewide incident reporting system means a statewide system for
facilitating the real-time electronic reporting of surface
transportation incidents to a central location for use in monitoring
the event, providing accurate traveler information, and responding to
the incident as appropriate. This definition is consistent with Public
Law 109-59; 119 Stat. 1144, Section 1201(f).
Timeliness means the degree to which data values or a set of values
are provided at the time required or specified.
Traffic and travel conditions means the characteristics that the
traveling public experiences. Traffic and travel conditions include the
following characteristics:
(1) Road or lane closures because of construction, traffic
incidents, or other events;
(2) Roadway weather or other environmental conditions restricting
or adversely affecting travel;
(3) Extent and degree of congested conditions, (e.g., length of
roadway experiencing stop-and-go or very slow, prevailing speed of
traffic less than half of speed limit); and
(4) Travel times or speeds on limited access roadways in
metropolitan areas that experience recurring congestion. Traffic and
travel conditions may report predicted conditions in addition to the
real-time conditions.
Validity means the degree to which data values fall within the
respective domain of acceptable values.
Value added information products means crafted products intended
for commercial use, for sale to a customer base, or for other
commercial enterprise purposes. These products may be derived from
information gathered by States. These products may be created from
other party or proprietary sources. These products may be created using
the unique means of the value added information provider.

Sec. 511.307 Eligibility for Federal funding.

Subject to project approval by the Secretary, a State may obligate
funds apportioned to the State under Title 23 United States Code
sections 104(b)(1), also known as National Highway System funds,
104(b)(2), also known as Congestion Mitigation and Air Quality funds,
and 104(b)(3), also known as Surface Transportation Program funds, for
activities relating to the planning and deployment of real-time
monitoring elements that advance the goals and purposes of the Real-
Time System Management Information Program. State Planning and Research
funds, apportioned according to 23 U.S.C. 505(a), may be applied to the
development and implementation of a real-time information program.
Those project applications to establish a real-time information
program solely for Interstate System highways are entitled to a Federal
share of 90 percent of the total project cost, pursuant to 23 U.S.C.
120(a). Those project applications to establish a real-time information
program for non-Interstate highways are entitled to a Federal share of
80 percent of the total project cost, as per 23 U.S.C. 120(b).

Sec. 511.309 Provisions for traffic and travel time conditions
reporting.

(a) All real-time information programs that are funded in whole or
in part with the highway trust fund are subject to these provisions.
(1) Construction activities. The timeliness for delivery of full
construction activities affecting travel conditions, such as
implementing or removing lane closures, will be 20 minutes or less from
the time of the event occurrence for highways outside of Metropolitan
Areas. The timeliness for delivery of full construction activities
affecting travel conditions, such as implementing or removing lane
closures, will be 10 minutes or less from the time of the event
occurrence for highways within Metropolitan Areas.
(2) Roadway or lane blocking incidents and events. The timeliness
for delivery of roadway or lane blocking traffic incident, or other
event information will be 20 minutes or less from the time that the
incident is detected, or reported, and verified for highways outside of
Metropolitan Areas. The timeliness for delivery of roadway or lane
blocking traffic incident, or other event information will be 10
minutes or less from the time that the incident is detected, or
reported, and verified for highways within Metropolitan Areas.
(3) Roadway weather observations. The timeliness for delivery of
roadway weather observation updates from observation locations along
highway segments will be 20 minutes or less from the observation time
for highways within Metropolitan Areas and also for highways outside of
Metropolitan Areas.
(4) Travel time information. The timeliness for delivery of updated
travel time information along highway segments within Metropolitan
Areas will be 10 minutes or less from the time that the travel time
calculation is completed.
(5) Information accuracy. The designed accuracy for a real-time
information program shall be 85 percent accurate at a minimum, or have
a maximum error rate of 15 percent.
(6) Information availability. The designed availability for a real-
time information program shall be 90 percent available at a minimum.
(b) Real-time information programs may be established using legacy
monitoring mechanisms applied to the highways, using a statewide
incident reporting system, using new monitoring mechanisms applied to
the highways, using value added information products, or using a
combination of monitoring mechanisms and value added information
products.

Sec. 511.311 Real-time information program establishment.

(a) Requirement. States shall establish real-time information
programs that are consistent with the parameters defined under Sec.
511.309. The real-time information program shall be established to take
advantage of the existing traffic and travel condition reporting
capabilities, and build upon them where applicable. The real-time
information program shall provide, as a minimum, geographic coverage to
encompass all Interstate highways

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operated by the State. In addition, the real-time information program
shall complement current transportation performance reporting systems
by making it easier to gather or enhance required information.
(b) Data quality. The States shall develop the methods by which
data quality can be ensured to the data consumers. The criteria for
defining the validity of traffic and travel conditions reporting from
real-time information programs shall be defined by the States in
collaboration with their partners for establishing the programs.
(c) Participation. The establishment, or the enhancement, of a
real-time information program should include participation from the
following agencies: Highway agencies; public safety agencies (e.g.
police, fire, emergency/medical); transit operators; and other
operating agencies necessary to sustain mobility through the region
and/or the metropolitan area.
(d) Update of Regional ITS Architecture. All States and regions
that have created a Regional ITS architecture in accordance with
Section 940 in Title 23 of the Code of Federal Regulations are required
to complete an update of the Regional ITS architecture. The updated
Regional ITS architecture shall explicitly address real-time highway
and transit information needs and the methods needed to meet such
needs. The updated Regional ITS architecture shall address coverage,
monitoring systems, data fusion and archiving, and accessibility to
highway and transit information for other States and for value added
information product providers. The updated Regional ITS architecture
shall feature the components and functionality of the real-time
information program.
(e) Effective date. Traffic and travel conditions reporting needs
for all Interstate system highways shall be considered. Establishment
of the real-time information program for traffic and travel conditions
reporting along the Interstate system highways shall be completed no
later than [date 2 years after date of publication of final rule].

Sec. 511.313 Metropolitan Area real-time information program
supplement.

(a) Applicability. Metropolitan Areas exceeding a population of
1,000,000 inhabitants are subject to the provisions of this section.
(b) Requirement. Metropolitan Areas shall establish a real-time
information program for traffic and travel conditions reporting with
the same provisions described in Sec. 511.311.
(c) Effective date. Traffic and travel conditions reporting needs
and the impacts from congestion for all Metropolitan Area Interstate
system highways shall be considered. Establishment of the real-time
information program for traffic and travel conditions reporting along
the Metropolitan Area Interstate system highways shall be completed no
later than [date 2 years after date of publication of the final rule].
(d) Routes of significance. States shall designate metropolitan
area, non-Interstate highways that are routes of significance that
merit traffic and travel conditions reporting. States shall apply the
existing practices and procedures that are used for compliance with 23
CFR part 940, and with 23 CFR part 420. States shall select routes of
significance based on various factors relating to roadway safety (e.g.
crash rate, routes affected by environmental events), public safety
(e.g. routes used for evacuations), economic productivity, severity of
congestion, frequency of congestion, and utility of the highway to
serve as a diversion route for congestion locations. States shall
consider, in consultation with the FHWA, routes that are federally
funded, State and locally funded, and privately funded when designating
routes of significance. States shall consider toll facilities and other
facilities that apply end user pricing mechanisms when designating
routes of significance. Arterial highways and other highways that serve
as diversion routes for congestion shall be considered for designating
routes of significance. Establishment of the real-time information
program for traffic and travel conditions reporting along the State-
designated metropolitan area routes of significance shall be completed
no later than [date 4 years after date of publication of the final
rule].

Sec. 511.315 Program administration.

(a) Prior to authorization of highway trust funds for construction
or implementation of ITS projects, compliance with Sec. 511.311 and
Sec. 511.313 shall be demonstrated.
(b) Compliance with this part will be monitored under Federal-aid
oversight procedures as provided under 23 U.S.C. 106 and 133, and 23
CFR 1.36.

[FR Doc. E9-392 Filed 1-13-09; 8:45 am]

BILLING CODE 4910-22-P