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, 965-969 [E6-13]

Agencies

• Federal Highway Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 71, Number 4 (Friday, January 6, 2006)]
[Notices]
[Pages 965-969]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


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

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice; process to solicit participation in various programs 
that grant authority to toll Federal-aid facilities.

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SUMMARY: This notice provides summary information on all of the various 
non-grant tolling and pricing opportunities available in the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (SAFETEA-LU). This notice and a companion notice, which 
refers to the Value Pricing Pilot (VPP) program, are both in today's 
Federal Register. Together they are intended to explain all of the 
opportunities for States and other qualifying transportation agencies 
requesting permission to toll their respective facilities. In addition 
to describing each of the relevant programs, this notice also describes 
the initial review process that will help to identify which of the 
programs are candidate for a States' particular project, and of those, 
which is most appropriate to gain successful approval. That process 
applies to every program contained in this notice and also to the VPP 
program. The process is initiated with an Expression of Interest, which 
is fully defined later in this notice.
    Due to the nature of the deadlines required to solicit, review, and 
award the grant funds annually, the VPP program requires its own 
Federal Register notice, and is published in its entirety elsewhere in 
today's Federal Register under the title ``Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU); 
Value Pricing Pilot Program Participation.''
    Finally, this notice announces the availability of a website that 
will serve as a clearinghouse of information on all of the tolling and 
pricing programs and their respective program tenets.

DATES: Of the non-grant programs described herein, only two have 
deadlines stipulated in the legislation. The Interstate System 
Construction Toll Pilot Program has a deadline for applications of 
August 10, 2015, and the Express Lanes Demonstration Program has a 
window of fiscal years 2005 to 2009. For the other programs discussed 
herein, there are no annual or recurring submittal deadlines for States 
or other qualifying public agencies to request authority to toll their 
federally funded public highway facilities. However, States are advised 
that some programs discussed herein have a finite number of available 
slots permitted by legislation, meaning that participation in these 
programs will not be allowed once all slots are allotted.

FOR FURTHER INFORMATION CONTACT: For questions about the programs 
discussed herein, please contact Mr. Wayne Berman, Tolling and Pricing 
Team, FHWA Office of Operations, (202) 366-4069, or via e-mail at 
wayne.berman@fhwa.dot.gov. For legal questions, interpretations and 
counsel, please contact Mr. Michael Harkins, Attorney Advisor, FHWA 
Office of the Chief Counsel, (202) 366-4928, or via email at 
michael.harkins@fhwa.dot.gov. Office hours for the FHWA are from 7:45 
a.m. to 4:15 p.m., EST, Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may submit or retrieve comments online through the Document 
Management System (DMS) at: https://dms.dot.gov/submit. The DMS is 
available 24 hours each day, 365 days each year. Electronic submission 
and retrieval help and guidelines are available under the help section 
of the Web site.
    An electronic copy of this document may be downloaded from the 
Federal Register's home page at: https://www.archives.gov/ and the 
Government Printing Office's database at: https://www.access.gpo.gov/
nara.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in a Federal Register published on April 
11, 2000 (70 FR 19477), or you may visit https://dms.dot.gov.

Background

    In the recently passed SAFETEA-LU legislation (Pub. L. 109-59, 
August 10, 2005) Congress enabled three new exceptions, and modified 
one existing exception, to Title 23 of the United States Code, Section 
301, which otherwise generally prohibits the imposition of tolls on 
facilities that use Federal funds. These actions now provide States and 
other qualifying transportation agencies or compacts of States more 
opportunities to enact tolls as a means of financing various operating, 
construction, or reconstruction projects, or of addressing debt 
reduction. Along with the three new programs and the one modification, 
there already exist other specific exceptions to federal authority to 
enact tolls. This notice and the VPP program notice elsewhere in 
today's Federal Register intend to explain the sum of all opportunities 
for States and other qualifying transportation agencies requesting 
permission to toll their respective facilities. The FHWA Office of 
Operations has been designated to coordinate both notices and serves as 
the office point of contact for both notices.
    In addition to describing each of the non-grant tolling and pricing 
opportunities available in SAFETEA-LU, this notice also describes the 
two-step process necessary to submit an application. Briefly, the first 
step is to submit an Expression of Interest to the Tolling and Pricing 
Team (fully described later in this notice). The Expression of Interest 
is a document that will enable FHWA to assist the applicant in 
identifying the range of options and will help direct the application 
to the most appropriate program office. The Tolling and Pricing Team 
will not approve projects, but will serve as a clearinghouse for all 
applications, with intent to properly and fairly facilitate the 
completeness of the application. The second step is for the applicant 
to respond to FHWA's comments on the Expression of Interest, and then 
formally apply to the selected program office that offers the desired 
tolling or pricing authority. This approach will help direct public 
authorities to the most appropriate program among the many options 
available. This approach will also help the FHWA to coordinate and 
manage the limited number of participation slots

[[Page 966]]

that are available for the different tolling and pricing programs.
    Tolling and pricing strategies (e.g., strategies that set the price 
of a toll to rise and fall or impose parking charges to reduce 
congestion) are increasingly emerging as necessary and useful tools to 
finance projects, manage congestion, improve air quality, and 
facilitate the creation of public-private partnerships. The term 
``tolling'' refers to any imposition of a fee for the use of a 
facility. Classic examples of this term would be fixed fees that 
motorists pay (usually per number of axles or vehicle weight) to cross 
a bridge or tunnel, or enter or exit an express toll facility at a 
particular location. While tolling involves the collection of a fee 
from motorists for their use of a highway facility, the term ``toll 
pricing'' specifically refers to strategies that vary the price of the 
toll by time of day or traffic volume level in a way to manage 
congestion or use of that facility.
    Probably the most well known application of toll pricing is ``High 
Occupancy Toll'' (HOT) lanes that offer single-occupant vehicles the 
ability to use High Occupancy Vehicle (HOV) lanes that they would 
otherwise be restricted from using. By paying a fee to use the HOV lane 
(thereby justifying the renamed ``HOT lane'' designation) the motorist 
benefits by gaining a degree of trip-time reliability over the adjacent 
congested general-purpose lanes, while the general-purpose lanes 
benefit from the reduction of vehicles that have transferred into the 
HOT lane.
    All tolling and pricing of Federal-aid highway system facilities 
requires legal authority from the Federal government, but some pricing 
strategies unrelated to tolling, such as parking charges or pay-per-
mile car insurance, do not. As such, the latter do not apply to this 
notice and are not discussed herein. Although 23 U.S.C. 301 generally 
prohibits the imposition of tolls on facilities that have been 
constructed with Federal funds, SAFETEA-LU includes the aforementioned 
three new exceptions, and one modified exception. Along with some prior 
authority granted in various sections of the United States Code, this 
notice is intended to identify and describe the various options.
    The SAFETEA-LU legislation offers States, compacts of States, and 
in one case, ``public or private entities designated by States'' 
(hereafter, collectively referred to as ``public authorities'') three 
new opportunities and one modified opportunity to toll motor vehicles 
to finance Interstate construction and/or reconstruction, promote 
efficiency in the use of highways, reduce traffic congestion and/or 
improve air quality.
    First, section 1121, amended 23 U.S.C. 166 to permit the conversion 
of HOV lanes into HOT lanes.
    Next, sections 1604(b), the Express Lanes Demonstration program, 
and 1604(c), the Interstate System Construction Toll Pilot program, are 
new programs providing tolling authority opportunities. The Express 
Lanes Demonstration program permits tolling authority for up to fifteen 
demonstration projects for existing HOV facilities or where toll 
capacity is added, and the Interstate System Construction Toll Pilot 
program authorizes up to three toll pilot facilities on the Interstate 
system for the purpose of constructing new Interstate highways.
    Finally, section 1604(a), the VPP program, modifies and extends an 
existing program that was first enacted as the ``Congestion Pricing 
Pilot'' program by Section 1012(b) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (ISTEA), and amended by 1216(a) 
of the Transportation Equity Act for the 21st Century (TEA-21). Because 
of its unique standing as the only grant program discussed herein, and 
because there exists annual deadlines for solicitation, review, and 
award, the VPP program has its own notice published elsewhere in 
today's Federal Register. However, the request to submit an initial 
Expression of Interest is the same as the one described herein for the 
remaining programs.
    In addition to the SAFETEA-LU provisions, there are other pre-
existing provisions that permit the tolling of federally funded highway 
facilities. First, and most notably, 23 U.S.C. 129 permits the 
imposition of tolls on free non-Interstate highways, bridges, and 
tunnels and on free Interstate bridges and tunnels in accordance with 
Title 23 U.S.C. 129(a)(1). Also, the Interstate System Reconstruction 
and Rehabilitation Pilot Program, section 1216(b) of TEA-21, permits 
the collection of tolls on three Interstate facilities for the purpose 
of reconstruction and rehabilitation.

Purpose of This Notice

    The purpose of this notice is to explain the legislative programs 
that grant permission to public authorities to enact tolls, to invite 
Expressions of Interest to participate in these programs, and to 
introduce a website that will serve as a clearinghouse of information 
on the programs, the process, and the questions that might arise. 
Concurrent with this notice is the companion notice published elsewhere 
in today's Federal Register pertaining to the VPP program, which is the 
only grant program that is available.
    The primary audience for this notice is expected to be State 
departments of transportation and associated public authorities (e.g., 
metropolitan planning organizations, public/private transportation 
entities, etc.) that will seek permission from the Federal government, 
through FHWA, to enact tolls.
    The Web site resource offers general descriptions of all the 
programs, points of contact, a way to submit questions electronically, 
and instructions on how to submit an Expression of Interest via the 
Internet. This Web page is located on the FHWA Office of Operations 
website at the Tolling and Pricing Opportunities page at https://
www.ops.fhwa.dot.gov/tolling_pricing/index.htm.

Program Coordination and Assistance--The Tolling and Pricing Team

    The Federal Highway Administration, Office of Operations is 
responsible for coordinating all tolling and pricing programs that now 
exist under the Federal-aid Highway Program. The many programs 
described in this notice can be potentially confusing because of their 
number and range of specific purposes. In an effort to minimize this 
potential confusion, 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 many options available. Members of the Tolling and 
Pricing Team represent the FHWA Offices of Operations, Policy and 
Governmental Affairs, 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 Office of Chief 
Counsel. Members participate on the Tolling and Pricing Team because of 
their direct program responsibilities or because they are interested 
stakeholders for tolling and pricing programs within the U.S. 
Department of Transportation.
    The Tolling and Pricing Team has six purposes:
    1. Coordinate all tolling and pricing activity within FHWA to 
facilitate the implementation and advancement of

[[Page 967]]

tolling and pricing projects and standards in the United States;
    2. Receive and review all Expressions of Interest submitted to the 
FHWA from a public authority;
    3. Direct the public authority or partnerships designated by the 
State to the tolling and pricing program (or programs) that can enable 
them to accomplish the goals set forth in the ``Expression of 
Interest'';
    4. Assist the Office of Operations in the promulgation of a final 
rule including requirements, standards, or performance specifications 
for the interoperability of automated toll collection systems as 
directed by SAFETEA-LU Section 1604(b)(6);
    5. Support each of the FHWA Program Offices, that have 
responsibility for a tolling and pricing program, in advancing formal 
proposals to gain approval to toll or price motor vehicles and 
facilitating coordination with the appropriate FHWA Division Office; 
and
    6. Establish program performance goals; monitor achievements, and 
prepare an annual report to Congress on the status and progress of all 
tolling and pricing programs, including describing program successes in 
meeting congestion reduction and other performance goals.
    The Tolling and Pricing Team reviews all ``Expression 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.

The ``Expression of Interest''

    A public authority that wants to request tolling or pricing 
authority, or funding, 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. An Expression of Interest template can be downloaded 
via the Internet by going to the Tolling and Pricing Opportunities 
webpage within the FHWA Office of Operations Web site at https://
www.ops.fhwa.dot.gov/tolling_pricing/index.htm. Use of the template is 
optional. The Expression of Interest may be attached as an e-mail to 
TollingandPricingTeam@fhwa.dot.gov, or a hardcopy can be mailed to Mr. 
Wayne Berman, FHWA Office of Operations, Room 3404, 400 Seventh Street, 
SW., 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 funding or tolling 
authority and information about the intended project. A complete 
Expression of Interest, based upon the information items listed below, 
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 information items requested for a complete Expression of 
Interest are as follows:
    (a) A description of the agency or requesting authority or 
authorities that is/are requesting this tolling authority where 
applicable;
    (b) The name, title, email, and phone number of the person who will 
act as the point of contact on behalf of the requesting authority or 
authorities;
    (c) A statement concerning the action being sought:
    (i) Funding and/or tolling authority via the Value Pricing Pilot 
program to support either pre-project study activities or 
implementation activities as permitted; or
    (ii) Only authority to toll either existing or planned facilities;
    (d) A description of the subject facility or facilities proposed to 
be tolled;
    (e) Whether the subject facility is an Interstate or non-Interstate 
facility;
    (f) Whether construction is involved and, if so, whether this is 
new construction, expansion, rehabilitation, reconstruction, or other;
    (g) Whether an HOV lane or lanes currently exist on the facility;
    (h) A timetable to enact tolling (or modify tolling) on the subject 
facility;
    (i) Any expressions or declarations of support from public 
officials or the public. If no public meetings or expressions of 
support are available, please indicate if there are project plans for 
ensuring adequate public involvement and support prior to 
implementation;
    (j) A plan for implementing tolls on the facility, where 
applicable. Where known, the range of anticipated tolls and the 
strategies to vary toll rates (i.e., the formulae for variable 
pricing);
    (k) The reasons for implementing tolls, such as financing 
construction, reducing congestion, or improving air quality;
    (l) A description of the public agency or agencies that will be 
responsible for operating, maintaining, and enforcing the tolling 
program; and
    (m) A description of how, if at all, any private entities are 
involved either in the up-front costs to enact tolling, or the cost 
sharing or debt retirement associated with revenues.

Program Participation--Overview of the Process

    Submitting an Expression of Interest initiates a review process by 
the Tolling and Pricing Team that leads to a recommendation as to which 
tolling or pricing program (or programs) will be appropriate and 
available to meet the goals of the public authority. In some cases, if 
more than one tolling program is available, the Tolling and Pricing 
Team will work with the public authority to help select the one program 
that is most appropriate and is most likely to lead to project 
approval. If, in some cases, the public authority prefers a tolling 
program other than the one recommended, the Tolling and Pricing Team 
will defer to this request; however, the Tolling and Pricing Team will 
also provide advice as to the pros and cons of the decision.
    Once there is agreement between the public authority and the 
Tolling and Pricing Team as to the most appropriate program, the 
applicant will be referred to the specific FHWA program office 
responsible for administering that tolling and pricing initiative. The 
FHWA program office will then provide the public authority with the 
necessary information on how to formally apply for authority to toll 
motor vehicles.
    Once a formal application is submitted, the appropriate FHWA 
program office will review the application and determine whether or not 
to approve the proposed project. The public authority will then be 
notified as to the determination. If approved, a formal tolling 
agreement and/or cooperative agreement will be prepared between the 
FHWA and the public authority. The toll agreement must be executed with 
the FHWA and address the use of revenues that are collected from the 
operation of the toll facility. While program elements may vary, the 
restrictions generally require the revenues to be used first for debt 
service, reasonable return on the investment for private parties, and 
the operations and maintenance of the facility. In addition, if the 
facility is being adequately maintained, any revenues in excess of 
these uses may be used for other title 23 U.S.C. eligible purposes. The 
FHWA, the State Department of Transportation, and the relevant toll 
authority or local governmental entity, if any, will execute the toll 
agreement.

[[Page 968]]

Summary of the Two-Step Review Process

    The entire review process, resulting in the execution of a toll 
agreement and/or a cooperative agreement, can be summarized in two 
steps as follows:
    Step 1: Submit an Expression of Interest to the Tolling 
and Pricing Team. The Tolling and Pricing Team will review the 
Expression of Interest, advise the applicant which program or programs 
are eligible, and will also provide counsel as to which program is most 
appropriate to pursue. The State or public authority making application 
will be directed to contact the selected program office, wherein, the 
program office will then inform the public authority as to the 
procedures required for submitting a formal application for tolling 
authority and/or value pricing funding.
    Step 2: Submit a formal application for tolling and 
pricing authority or value pricing funding to the FHWA program office 
for formal review, ultimately leading to a decision on approval. The 
public authority will then be notified of the decision. If the project 
is approved, a formal tolling agreement will then be prepared.

Tolling and Pricing Opportunities Available Under the Federal-Aid 
Highway Program (Title 23, U.S.C.) HOV Facilities--Section 1121

    Section 1121 of SAFETEA-LU removed section 102(a) of Title 23 of 
the United States Code (23 U.S.C.) and replaced it with a new section 
166 that clarifies the operation requirements of HOV facilities and 
provides more exceptions to their minimum vehicle occupancy 
requirements. Other non-tolling related issues are addressed in this 
section (e.g., low emission and energy efficient vehicles) that are 
irrelevant to the purpose of this notice. Specific to tolling and the 
creation of HOT lanes, the new legislation allows States to charge 
tolls to vehicles that do not meet the established occupancy 
requirements to use an HOV lane, provided the agency meets certain 
criteria to enroll participants, collect fees electronically, manage 
demand by varying tolls, and enforce against violations. Tolls under 
this section may be charged on both Interstate and non-Interstate 
facilities. There is no limit on the number of projects or the number 
of States that can participate. For more information, refer to the 
document ``Federal-aid Highway Program Guidance on High Occupancy 
Vehicle (HOV) Lanes'' which can be accessed from the HOV Facilities 
program section of the Tolling and Pricing Web site at https://
www.ops.fhwa.dot.gov/tolling_pricing/index.htm.

Express Lanes Demonstration Program--Section 1604(b)

    This program permits tolling on selected demonstration projects to 
manage high levels of congestion, reduce emissions in a nonattainment 
or maintenance air quality area, or finance additional Interstate lanes 
for the purpose of reducing congestion. Fifteen projects are authorized 
nationwide from 2005 through 2009 to allow ``States, authorities, or 
public or private entities designated by States'' to collect a toll 
from motor vehicles at an eligible toll facility for any highway, 
bridge, or tunnel, including on the Interstate system. The State must 
vary the price of tolls according to the time of day or level of 
traffic, as appropriate, to manage congestion or improve air quality.
    Unique to this program is the term ``demonstration project.'' For 
purposes of tracking the fifteen slots allowed in section 1604(b), each 
agreement executed between an authority and the FHWA will constitute 
one ``demonstration project.'' Either one facility, or, at the FHWA's 
discretion, a group of interrelated facilities in a region (so long as 
they are all operated under the auspices of the same oversight agency 
or agencies) may constitute one demonstration project, provided that 
all candidate facilities meet program criteria at the time of the 
agreement. Facilities located elsewhere in the State would require new 
and separate agreements.

Interstate System Construction Toll Pilot Program-Section 1604(c)

    This new program authorizes up to three facilities on the 
Interstate System to toll for the purpose of financing the construction 
of new Interstate highways. A State or an interstate ``compact of 
States'' may submit a single candidate project under this program. Each 
applicant or applicants must demonstrate that financing the 
construction of the facility with the collection of tolls is the most 
efficient and economical way to advance the project. The State must 
agree not to enter into a noncompete agreement with a private party 
under which the State is prevented from improving or expanding the 
capacity of public roads in the vicinity of the toll facility to 
address conditions resulting from traffic diverted to nearby roads from 
the toll facility. There is no special funding authorized for this 
program. By law, Interstate maintenance funds may not be used on a 
facility for which tolls are being collected under this program. All 
applications submitted under this program must be received by FHWA 
before August 10, 2015. This date is specifically cited for this 
program in section 1604(c)(8) of SAFETEA-LU.

23 U.S.C. 129

    Under 23 U.S.C. 129, Federal participation is allowed in the 
following five types of toll activities.
     Initial construction (except on the Interstate System) of 
toll highways, bridges, and tunnels, including the approaches to these 
facilities;
     Reconstructing, resurfacing, restoring, and rehabilitation 
work on any existing toll facility;
     Reconstruction or replacement of free bridges or tunnels 
and conversion to toll facilities;
     Reconstruction of a free Federal-aid highway (except on 
the Interstate System) and conversion to a toll facility; and
     Preliminary studies to determine the feasibility of the 
above toll construction activities.
    If Federal-aid funds are used for construction of or improvements 
to a toll facility or the approach to a toll facility or if a State 
plans to reconstruct and convert a free highway, bridge or tunnel 
previously constructed with Federal-aid funds to a toll facility, a 
toll agreement under section 129(a)(3) must be executed. There is no 
limit to the number of agreements that may be executed.

Interstate System Reconstruction and Rehabilitation Pilot Program

    SAFETEA-LU continued the authority initially provided in section 
1216(b) of TEA-21, by allowing up to three existing Interstate 
facilities (highway, bridge, or tunnel) to be tolled to fund needed 
reconstruction or rehabilitation on Interstate highway corridors that 
could not otherwise be adequately maintained or functionally improved 
without the collection of tolls. Each of the three facilities must be 
in a different State. There is no special funding authorized for this 
program. By law, Interstate maintenance funds may not be used on a 
facility for which tolls are being collected under this program. 
Currently, only one open slot remains.

Value Pricing Pilot Program--Section 1604(a)

    As previously noted, a separate notice announcing this program's 
solicitation is published elsewhere in today's Federal Register due to 
the fact that this program is unique in offering grant funds, and the 
requirements for timely solicitation, review, and award of

[[Page 969]]

grants. The existence of this program is mentioned herein solely as a 
means to complete the perspective of all tolling opportunity programs.

Frequently Asked Questions

    1. Why can't a State (or ``public authority'') simply apply 
directly to one specific program? Technically, there is nothing to 
restrict an agency from doing this; however, since there are so many 
programs, some with limited participation slots, FHWA prefers to screen 
each project application. This is to ensure that (a) The agency is 
aware of the full range of available options; (b) the FHWA can 
effectively manage the very limited number of participation slots 
authorized for each program; and (c) other program offices are made 
aware that an application has been made, as each program will have a 
representative on the Tolling and Pricing Team.
    2. Who will make up the Tolling and Pricing Team? The Office of 
Operations is the lead office and will undertake responsibility to 
gather and distribute the Expressions of Interest for preliminary 
evaluation and to maintain the aforementioned website. The Tolling and 
Pricing Team has representation from all of the relevant program 
offices that have tolling and pricing oversight responsibilities, 
including the FHWA Offices of Operations, Policy and Governmental 
Affairs, and Infrastructure. In addition, other stakeholder offices 
within FHWA and the U.S. Department of Transportation are represented, 
including the FHWA Offices of Public Affairs and Chief Counsel, and the 
Office of the Secretary of Transportation.
    3. How often will the Tolling and Pricing Team meet? The group will 
meet as often as necessary in person, but mostly will communicate via 
email contact and access to a File Transfer Protocol (FTP) Web site, 
which will serve to post the Expressions of Interest for private review 
by the team almost immediately upon submittal. The Office of Operations 
will act promptly to engage the Tolling and Pricing Team to review a 
project proposal discuss project eligibility under different programs, 
and recommend the project for further consideration under the most 
appropriate program.
    4. If I have any questions, whom should I contact? Any general 
questions concerning the tolling and pricing programs should be 
directed to Mr. Wayne Berman, Transportation Specialist, in the Office 
of Operations at 202-366-4069. His e-mail address is 
wayne.berman@fhwa.dot.gov. Alternatively, there is an e-mail 
``mailbox'' on the tolling and pricing Web site (address below). At the 
time of this notice, the direct points of contact are:
    a. Web site: https://www.ops.fhwa.dot.gov/tolling_pricing/
index.htm.
    b. Tolling and Pricing Team--Wayne Berman, HOP. (202) 366-4069; 
wayne.berman@fhwa.dot.gov.
    c. Value Pricing (SAFETEA-LU 1604(a))--Patrick DeCorla-Souza. (202) 
366-4076; patrick.decorla-souza@fhwa.dot.gov.
    d. HOV to HOT lane (1121)--Jessie Yung. (202) 366-4672; 
jessie.yung@fhwa.dot.gov.
    e. Express Lanes Demonstration (SAFETEA-LU 1604(b))--Wayne Berman 
(contact info above).
    f. Interstate System Construction (SAFETEA-LU 1604(c))--Greg Wolf. 
(202) 366-4655; greg.wolf@fhwa.dot.gov.
    g. Interstate Reconstruction and Rehabilitation (TEA-21 1216(b))--
Greg Wolf (contact info above).
    h. 23 U.S.C. Section 129 Agreements--Greg Wolf (contact info 
above).

    Authority: 23 U.S.C. 315; sec. 1216(a), Pub. L. 105-178, 112 
Stat. 107; Pub. L. 109-59; 117 Stat. 1144 49 CFR 1.48.

    Issued on: December 28, 2005.
J. Richard Capka,
Acting Federal Highway Administrator.
 [FR Doc. E6-13 Filed 1-5-06; 8:45 am]
BILLING CODE 4910-22-P