Solicitation of Applications for Funding of Congestion-Reduction Demonstration Initiatives, 63951-63956 [E7-22117]

Agencies

• Office of the Secretary of Transportation
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 72, Number 218 (Tuesday, November 13, 2007)]
[Notices]
[Pages 63951-63956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22117]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

[Docket Nos. OST-2007-0004, FHWA-2007-0004, and FTA-2007-0004]


Solicitation of Applications for Funding of Congestion-Reduction 
Demonstration Initiatives

AGENCIES: Office of the Secretary of Transportation (``OST''); Federal 
Highway Administration (``FHWA''); Federal Transit Administration 
(``FTA''), Department of Transportation (``DOT'').

[[Page 63952]]


ACTION: Notice of solicitation for applications to enter into 
agreements with the U.S. Department of Transportation (the 
``Department'') for funding under any or all of the following programs 
(collectively, the ``Funding Programs'') to support qualified 
congestion-reduction demonstration initiatives: (i) FHWA's Delta Region 
Transportation Development Program (Sec.  1308 of Public Law 109-59) 
(the ``Delta Region Program''); (ii) FHWA's Ferry Boat Discretionary 
Program (23 U.S.C. 147) (the ``Ferry Boat Program''); (iii) FHWA's 
Highways for Life Pilot Program (Sec.  1502 of Public Law 109-59) (the 
``HfL Program''); (iv) FHWA's Innovative Bridge Research and Deployment 
Program (23 U.S.C. 503(b)) (the ``Innovative Bridge Program''); (v) 
FHWA's Interstate Maintenance Discretionary Program (23 U.S.C. 118(c)) 
(the ``IMD Program''); (vi) FHWA's Public Lands Highway Discretionary 
Program (23 U.S.C. 202-204) (the ``Public Lands Program''); (vii) 
FHWA's Transportation, Community, and System Preservation Program 
(Sec.  1117 of Public Law 109-59) (the ``TCSP Program''); (viii) FHWA's 
Truck Parking Facilities Pilot Program (Sec.  1305 of Public Law 109-
59) (the ``Truck Parking Program''); (ix) FTA's capital program for Bus 
and Bus-Related Facilities (49 U.S.C. 5309) (the ``Bus Program''); (x) 
FTA's capital program for New Fixed Guideway Facilities, including 
``Small Starts'' projects (49 U.S.C. 5309, 49 U.S.C. 5309(e)) (the 
``Small Starts Program''); (xi) FTA's Alternatives Analysis Program (49 
U.S.C. 5339); and (xii) any other discretionary program administered by 
the Department and designated by the Secretary as a source of funding 
under such agreements.

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SUMMARY: This Notice solicits proposals to enter into certain 
agreements with the U.S. Department of Transportation (the 
``Department''). Through these agreements, the Department intends to 
support congestion pricing along with complementary transportation 
solutions proposed by jurisdictions designated as recipients of Federal 
assistance in accordance with this Notice (each, a ``qualified 
jurisdiction''). Funds made available by the Department to qualified 
jurisdictions may include such sums as may be available for obligation 
in the Department's discretion during Fiscal Year 2008, including funds 
designated by law to support the Department's Congestion Initiative, as 
proposed in the President's Fiscal Year 2008 Budget. \1\
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    \1\ Budget of the United States Government, Fiscal Year 2008 
(https://www.whitehouse.gov/omb/budget/fy2008/transportation.html).
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    The Department reserves the right to solicit candidates for funding 
described herein by means other than this Notice. The Department 
expects to implement the procedures and criteria set forth in this 
Notice; however, such procedures and criteria shall not be binding on 
the Department.

DATES: Applicants wishing to become qualified jurisdictions must submit 
their applications on or before December 31, 2007. Late-filed 
applications will be considered to the extent practical. The Department 
intends to announce agreements with qualified jurisdictions in Fiscal 
Year 2008.

ADDRESSES: Applicants wishing to become qualified jurisdictions may 
file their applications electronically via e-mail to Thomas M. McNamara 
at thomas.mcnamara@dot.gov or through ``grants.gov'' at https://
www.grants.gov. (Please note that solely for purposes of this 
solicitation, the Department prefers, but does not require, submission 
of applications by means of the e-mail address above). In the event 
that either of the forgoing options for submission would impose a 
hardship on an applicant, the applicant may request an exception by 
email to the email address above. If an exception is granted, the 
applicant may send a single copy of its application by U.S. Post or 
express mail to: Thomas M. McNamara, Office of the Assistant Secretary 
for Transportation Policy, U.S. Department of Transportation, 1200 New 
Jersey Ave., SE., W84-322, Washington, DC 20590. The Department shall 
only deem applications received via email or through grants.gov (or by 
U.S. Post or express mail pursuant to an exception) as provided above 
to be properly filed with the Department. The Department shall deem a 
single application filed pursuant to this Notice to be properly filed 
with each of the Funding Programs identified therein, and will not 
require separate applications to each such program, unless the 
Department determines otherwise in its discretion. Before using 
grants.gov for the first time, each organization must register and 
create an institutional profile at the grants.gov Web site. Applicants 
planning to apply electronically are encouraged to begin the process of 
registration on the grants.gov Web site well in advance of the 
submission deadline. Registration is a multi-step process, which may 
take several weeks to complete before an application can be submitted.

FOR FURTHER INFORMATION CONTACT: Please address questions concerning 
this Notice to David B. Horner, Deputy Assistant Secretary for 
Transportation Policy, U.S. Department of Transportation, at 202-689-
4464 (or by e-mail at david.horner@dot.gov). Please address technical 
questions concerning project development to Thomas M. McNamara at 202-
366-4462 (or by e-mail at thomas.mcnamara@dot.gov).

SUPPLEMENTARY INFORMATION: 

A. Background

    Crisis of Congestion. Traffic congestion affects people in nearly 
every aspect of their daily lives--where they live, where they work, 
where they shop, and how much they pay for goods and services. 
According to 2005 figures, in certain metropolitan areas the average 
rush hour driver loses as many as 60 hours per year to travel delay--
the equivalent of one and a half full work weeks, amounting annually to 
a ``congestion tax'' of approximately $1,200 per peak time traveler in 
wasted time and fuel. \2\ Nationwide, congestion imposes costs on the 
economy of at least $78 billion per year. \3\ The costs of congestion 
are higher, however, after taking into account the significant cost of 
unreliability to drivers and businesses, the environmental impacts of 
idle-related auto emissions, increased gasoline prices and the 
immobility of labor markets that result from congestion, all of which 
substantially affect interstate commerce.
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    \2\ Texas Transportation Institute (``TTI''), 2007 Urban 
Mobility Report, September 2007.
    \3\ TTI, 2007 Urban Mobility Report.
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    Traffic congestion also has a substantial negative impact upon the 
quality of life of many American families. In a 2005 survey, for 
example, 52% of Northern Virginia commuters reported that their travel 
times to work had increased in the past year,\4\ leading 70% of working 
parents to report having insufficient time to spend with their children 
and 63% of respondents to report having insufficient time to spend with 
their spouses.\5\ Nationally, in a 2005 survey conducted by the 
National League of Cities, 35% of U.S. citizens reported traffic 
congestion as the most deteriorated living condition in their cities 
over the past five years; 85% responded that traffic congestion was as 
bad as, or worse than, it was in the previous year.\6\ Similarly, in a 
2001

[[Page 63953]]

survey conducted by the U.S. Conference of Mayors, 79% of Americans 
from ten metropolitan areas reported that congestion had worsened in 
the prior five years; 50% believe it has become ``much worse.'' \7\
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    \4\ Northern Virginia Transportation Alliance 2005 Survey 
(https://www.nvta.org/content.asp?contentid=1174).
    \5\ Virginia Department of Transportation.
    \6\ National League of Cities survey of cities (2005).
    \7\ U.S. Conference of Mayors survey on traffic congestion 
(2001).
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    Solicitation. This Notice solicits proposals to enter into certain 
agreements with the U.S. Department of Transportation (the 
``Department''). Through these agreements, the Department intends to 
support congestion pricing along with complementary transportation 
solutions proposed by jurisdictions designated as recipients of Federal 
assistance in accordance with this Notice (each, a ``qualified 
jurisdiction''). Funds made available by the Department to qualified 
jurisdictions may include such sums as may be available for obligation 
in the Department's discretion during Fiscal Year 2008, including funds 
designated by law to support the Department's Congestion Initiative, as 
proposed in the President's Fiscal Year 2008 Budget.\8\
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    \8\ Budget of the United States Government, Fiscal Year 2008 
(https://www.whitehouse.gov/omb/budget/fy2008/transportation.html).
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    The Department expects to award funding only for those proposals 
that integrate innovative transit strategies, new transportation 
technologies and direct highway pricing during congested periods. In 
return for their agreement to adopt such strategies, the Department 
will support qualified jurisdictions with financial resources 
identified in this Notice, regulatory flexibility, and dedicated 
expertise and personnel. Because the Secretary generally allocates 
discretionary highway grant funds to State DOTs, applicants that are 
non-State DOTs applying for discretionary highway funds made available 
under any of the specified Funding Programs should partner with or 
submit an application through the State DOT for these funds.

B. Funding Programs

    The Department proposes to support qualified jurisdictions through 
the following programs:
    (i) FHWA's Delta Region Program. The Department may obligate all or 
part of such sums available for obligation in its discretion under the 
Delta Region Program in Fiscal Year 2008 to support eligible projects 
sponsored by qualified jurisdictions. Under section 1308 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (or ``SAFETEA-LU'') (Pub. L. 109-59, August 10, 2005), the 
FHWA Administrator, acting on behalf of the Secretary, may fund 
projects that support and encourage multi-state transportation planning 
and corridor development, provide for transportation project 
development, facilitate transportation decision making, and support 
transportation construction in the 240 counties and parishes within the 
eight states comprising the Delta Regional Authority's region (Alabama, 
Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and 
Tennessee). Eligible projects must either (a) traverse more than one 
State and carry interstate commerce or (b) have been identified by the 
Delta Regional Authority as highways of regional significance, (i.e., 
on or expected to be on the Delta Development Highway System).
    Applicants must address the standard requirements for an 
application to the Delta Region Transportation Development Program as 
described in last year's request for applications, found at https://
www.fhwa.dot.gov/planning/s1308fy07drtdp.htm. The application 
procedures and deadlines provided in this Notice supersede those set 
forth in the forgoing hyperlink.
    (ii) FHWA's Ferry Boat Program. The Department may obligate all or 
part of such sums available for obligation in its discretion under the 
Ferry Boat Program in Fiscal Year 2008 to support eligible projects 
sponsored by qualified jurisdictions. Under section 1801 of SAFETEA-LU, 
the FHWA Administrator, acting on behalf of the Secretary, may fund 
projects that involve the construction of ferry boats and ferry 
terminal facilities in accordance with 23 U.S.C. 147.
    Ferry Boat Program Funds are available for construction/improvement 
to ferry boats or ferry boat terminals where, among other things: (a) 
It is not feasible to build a bridge, tunnel, combination thereof, or 
other normal highway structure in lieu of the use of such ferry; (b) 
the operation of the ferry shall be on a route classified as a public 
road within the State or Territory and which has not been designated as 
a route on the Interstate System; and (c) such ferry boat or ferry 
terminal facility shall be publicly owned or operated or majority 
publicly owned if the Secretary determines, with respect to a majority 
publicly owned ferry or ferry terminal facility, that such ferry boat 
or ferry terminal facility provides substantial public benefits. 
Eligible projects may include either ferry boats that carry both cars 
and passengers, or ferry boats carrying passengers only.
    Applicants must address the standard requirements for an 
application to the Ferry Boat Program found at: https://
www.fhwa.dot.gov/discretionary/fbdinfo.cfm. The application procedures 
and deadlines provided in this Notice supersede those set forth in the 
forgoing hyperlink.
    (iii) FHWA's HfL Program. The Department may obligate all or part 
of such sums available for obligation in its discretion under the HfL 
Program in Fiscal Year 2008 to support eligible projects sponsored by 
qualified jurisdictions. Under section 1502 of SAFETEA-LU, the FHWA 
Administrator, acting on behalf of the Secretary, may fund projects 
otherwise eligible for assistance under chapter 1 of title 23, United 
States Code that, among other things, (a) use innovative technologies, 
manufacturing processes, financing or contracting methods that improve 
safety, reduce congestion due to construction, and improve quality, and 
(b) constructs, reconstructs or rehabilitates a route or connection on 
an eligible Federal-aid highway.
    Applicants must address the standard requirements for an 
application to the HfL Program as described in an earlier solicitation 
for projects, found at https://www.fhwa.dot.gov/hfl/application_
memo.cfm. The application procedures and deadlines provided in this 
Notice supersede those set forth in the forgoing hyperlink.
    (iv) FHWA's Innovative Bridge Program. The Department may obligate 
all or part of such sums available for obligation in its discretion 
under the Innovative Bridge Program in Fiscal Year 2008 to support 
eligible projects sponsored by qualified jurisdictions. Under section 
5202(b) of SAFETEA-LU, the FHWA Administrator, acting on behalf of the 
Secretary, may fund projects that promote, demonstrate, evaluate, and 
document the application of innovative designs, materials, and 
construction methods in the construction, repair, and rehabilitation of 
bridge and other highway structures, for purposes including--but not 
limited to--increasing safety and reducing construction time and 
traffic congestion. Detailed Innovative Bridge Program goals are 
identified in 23 U.S.C. 503(b)(2). Eligible projects may be on any 
public roadway, including State and locally funded projects. Funds may 
be used for costs of preliminary engineering, repair, rehabilitation, 
or construction of bridges or other highway structures, and costs of 
project performance evaluation and performance monitoring of the 
structure following construction.
    Applicants must address the standard requirements for an 
application to the Innovative Bridge Program found at https://
www.fhwa.dot.gov/bridge/ibrd/032807.cfm. The application procedures and 
deadlines provided in this Notice

[[Page 63954]]

supersede those set forth in the forgoing hyperlink.
    (v) FHWA's IMD Program. The Department may obligate all or part of 
such sums available for obligation in its discretion under the IMD 
Program in Fiscal Year 2008 to support eligible projects sponsored by 
qualified jurisdictions. Under 23 U.S.C. 118(c), the FHWA 
Administrator, acting on behalf of the Secretary, may fund projects 
that involve resurfacing, restoration, rehabilitation and 
reconstruction (``4R'') work, including added lanes to increase 
capacity, on most existing Interstate System routes. Ineligible 
projects include those that are located on (a) any highway designated 
as a part of the Interstate System under 23 U.S.C. 139, as in effect 
before the enactment of TEA-21, (b) any toll road on the Interstate 
System not subject to an agreement under 23 U.S.C. 119(e), as in effect 
on December 17, 1991, or (c) any highway added to the Interstate System 
under 23 U.S.C. 103(c)(4) and section 1105(e)(5)(A) of the Intermodal 
Surface Transportation Efficiency Act of 1991. Any proposed or future 
Interstate route is also not eligible for IMD funds. A full listing of 
the statutory criteria for eligibility of IMD projects is provided in 
23 U.S.C. 118(c).
    Applicants must address the standard requirements for an 
application to the Interstate Maintenance Program found at https://
www.fhwa.dot.gov/discretionary/imdinfo.cfm. The application procedures 
and deadlines provided in this Notice supersede those set forth in the 
forgoing hyperlink.
    (vi) FHWA's Public Lands Program. The Department may obligate all 
or part of such sums available for obligation in its discretion under 
the Public Lands Program in Fiscal Year 2008 to support eligible 
projects sponsored by qualified jurisdictions. Under 23 U.S.C. 
204(b)(5), the FHWA Administrator, acting on behalf of the Secretary, 
may fund ``any kind of transportation project eligible for assistance 
under title 23, United States Code, that is within, adjacent to, or 
provides access to'' Federal lands or facilities. Under the provisions 
of 23 U.S.C. 204(b)(1)(A), Public Lands Program funds are available for 
transportation planning, research, engineering, and construction of the 
highways, roads, and parkways, and of transit facilities within the 
Federal public lands. Under the provisions of 23 U.S.C. 204(b)(1)(B), 
Public Lands Program funds are also available for operation and 
maintenance of transit facilities located on Federal public lands.
    Applicants must address the standard requirements for an 
application to the Public Lands Program found at https://
www.fhwa.dot.gov/discretionary/plhcurrsola3.cfm. The application 
procedures and deadlines provided in this Notice supersede those set 
forth in the forgoing hyperlink.
    (vii) FHWA's TCSP Program. The Department may obligate all or part 
of such sums available for obligation in its discretion under the TCSP 
Program in Fiscal Year 2008 to support eligible projects sponsored by 
qualified jurisdictions. Under section 1117 of SAFETEA-LU, the FHWA 
Administrator, acting on behalf of the Secretary, may fund planning 
grants, implementation grants, and research to investigate and address 
the relationships between transportation, community, and system 
preservation and to identify private sector-based initiatives to 
improve such relationships.
    States, metropolitan planning organizations (``MPOs''), local 
governments (including, but not limited to, towns, cities, public 
transit agencies) and tribal governments are eligible for TCSP Program 
discretionary grants. Non-governmental organizations that have projects 
they wish to see funded under this program are encouraged to partner 
with an eligible recipient as the project sponsor. Activities eligible 
for TCSP Program funding include activities that are eligible for 
Federal highway and transit funding (title 23, U.S.C., or Chapter 53 of 
title 49, U.S.C.) or other activities determined by the Secretary to be 
appropriate. Grants may be used to plan and implement strategies which 
improve the efficiency of the transportation system, reduce 
environmental impacts of transportation, reduce the need for costly 
future public infrastructure investments, ensure efficient access to 
jobs, services and centers of trade, and examine development patterns 
and identify strategies to encourage private sector development 
patterns which achieve these goals.
    Applicants must address the standard requirements for an 
application to the TCSP Program found at https://www.fhwa.dot.gov/tcsp/
pi_tcsp.htm. The application procedures and deadlines provided in this 
Notice supersede those set forth in the forgoing hyperlink.
    (viii) FHWA's Truck Parking Program. The Department may obligate 
all or part of such sums available for obligation in its discretion 
under the Truck Parking Program in Fiscal Year 2008 to support eligible 
projects sponsored by qualified jurisdictions. As directed by section 
1305 of SAFETEA-LU, the Secretary established a pilot program to 
address the shortage of long-term parking for commercial motor vehicles 
on the National Highway System. States, MPOs and local governments are 
eligible to receive discretionary grants available under this pilot 
program. Section 1305 allows for a wide range of eligible projects, 
ranging from construction of spaces and other capital improvements to 
using intelligent transportation systems (ITS) technology to increase 
information on the availability of both public and private commercial 
vehicle parking spaces. Please note that applications to the Truck 
Parking Program with respect to ``Corridors of the Future'' may receive 
priority in consideration and funding under the program.
    (ix) FTA's Bus Program. The Department may obligate all or part of 
such sums available for obligation in its discretion under the Bus 
Program in Fiscal Year 2008 to support eligible projects sponsored by 
qualified jurisdictions. Under 49 U.S.C. 5309, the Administrator of 
FTA, acting on behalf of the Secretary, may provide capital assistance 
for the acquisition of buses and bus-related equipment or facilities. 
Only capital projects that are eligible under the Bus Program and that 
improve existing transit service or provide new transit service in a 
corridor or area that is part of a congestion reduction demonstration 
shall be eligible for funding pursuant to this Notice.
    Costs of a project eligible for funding under the Bus Program 
include the acquisition of buses for fleet and service expansion, bus 
maintenance and administrative facilities, transfer facilities, bus 
malls, transportation centers, inter-modal terminals, park-and-ride 
stations, acquisition of replacement vehicles, bus rebuilds, passenger 
amenities such as passenger shelters and bus stop signs, accessory and 
miscellaneous equipment such as mobile radio units, supervisory 
vehicles, fare boxes, computers and shop and garage equipment. 
Applicants must address FTA's standard requirements for an application 
for Section 5309 capital program assistance found in FTA's Circular C 
9300.1A ``Capital Program: Grant Application Instructions'' \9\ and 
FTA's Circular C 5010.1C ``Grant Management Guidelines.'' \10\
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    \9\ See https://www.fta.dot.gov/funding/grants/grants_
financing_3557.html.
    \10\ See https://www.fta.dot.gov/laws/circulars/leg_reg_
4114.html.
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    (x) FTA's Small Starts Program. The Department may obligate all or 
part of such sums available for obligation in its

[[Page 63955]]

discretion under the Small Starts Program in Fiscal Year 2008 to 
support eligible projects sponsored by qualified jurisdictions. Under 
49 U.S.C. 5309, the Administrator of FTA, acting on behalf of the 
Secretary, may provide up to $75 million per project for qualifying 
fixed guideway capital projects, including certain bus rapid transit 
projects. Pursuant to its guidance on the Small Starts Program,\11\ FTA 
will facilitate worthy projects that are part of comprehensive 
congestion-reduction strategies, including strategies that incorporate 
congestion pricing. In its evaluation of projects proposed for funding 
under Small Starts pursuant to this Notice, an applicant's designation 
as a qualified jurisdiction will be an ``other factor'' taken into 
account by the FTA pursuant to 49 U.S.C. 5309(e)(4)(E).
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    \11\ Please see the terms of the Small Starts program set forth 
in the Guidance on Small Starts at https://a257.g.akamaitech.net/7/
257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/07-2774.pdf.
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    (xi) FTA's Alternatives Analysis Program. The Department may 
obligate all or part of such sums available for obligation in its 
discretion under the Alternatives Analysis Program in Fiscal Year 2008 
to support eligible projects sponsored by qualified jurisdictions. 
Under 49 U.S.C. 5339, the FTA Administrator, acting on behalf of the 
Secretary, may fund projects that support technical work conducted 
within an alternatives analysis, in which one of the alternatives is a 
major transit capital investment. FTA will give priority to proposals 
to develop and apply methods to estimate the time savings experienced 
by highway users that result from transit investments.
    Applicants must address the standard requirements for an 
application to the Alternatives Analysis Program found in notice 
describing the Alternatives Analysis Program at https://
a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo. gov/
2007/pdf/E7-4830.pdf. The application procedures and deadlines provided 
in this Notice supersede those set forth in the forgoing hyperlink.
    (xii) Other Assistance. Under the Department's Private Activity 
Bond Program, the Department may allocate to qualified jurisdictions 
authority to issue private activity bonds for qualified projects in 
order to lower their cost of capital. As of the date of this Notice, 
the Department may allocate up to $9.5 billion in private activity bond 
authority not already allocated or applied for.
    Under the Transportation Infrastructure Finance and Innovation Act 
(``TIFIA''), the Department may provide qualified jurisdictions direct 
loans, loan guarantees, and standby lines of credit for qualified 
projects. TIFIA allows for the support of approximately $10 billion in 
credit assistance.
    The Department may provide qualified jurisdictions the authority to 
institute tolls on portions of their Interstate systems\12\ and 
expedite project delivery by waiving certain FHWA regulations (in 
accordance with FHWA's Special Experimental Project (or ``SEP-15'') 
program or as otherwise permitted by law), and placing key projects on 
the Environmental Stewardship Executive Order,\13\ allowing for the 
streamlining of some aspects of the environmental review process. 
Finally, the Department may offer extensive technical expertise and 
advice from world class engineers and economists.
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    \12\ As enacted by SAFETEA-LU, the High Occupancy Vehicle 
(``HOV'') Facilities Program (23 U.S.C. 166) allows States and 
localities to convert HOV lanes to high Occupancy toll (``HOT'') 
lanes which allow low-occupant vehicle users to pay for the chance 
to travel on underutilized HOV lanes, shifting traffic from 
congested regular lanes to HOV lanes, while maintaining free-flowing 
travel speeds and vehicle throughput performance for all vehicles in 
the HOV lanes. When operated in parallel with general purpose lanes, 
HOT lanes offer drivers an option to pay for congestion-free 
predictable trips when they need it the most, while improving the 
performance of general purpose lanes. Consistent with 23 U.S.C. 166, 
FTA has recently published proposed guidance that, once adopted as 
final, would eliminate certain existing disincentives to 
jurisdictions to convert their HOV lanes to HOT lanes. In particular 
the proposed guidance describes the terms and conditions on which 
FTA would classify HOV lanes that are converted to HOT lanes as 
``fixed guideway miles'' for purposes of the transit funding 
formulas administered by FTA. See ``Policy Statement on When High-
Occupancy Vehicle Lanes Converted to High-Occupancy/Toll Lanes Shall 
Be Classified as Fixed Guideway Miles for FTA's Funding Formulas and 
When HOT Lanes Shall Not Be Classified as Fixed Guideway Miles for 
FTA's Funding Formulas'' (https://a257.g.akamaitech.net/7/257/2422/
01jan20061800/edocket.access.gpo.gov/2006/pdf/E6-14796.pdf).
    \13\ See Executive Order 13274: Environmental Stewardship and 
Transportation Infrastructure Project Reviews (September 18, 2002) 
at https://environment.fhwa.dot.gov/strmlng/eo091802.asp.
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C. Application Process

    Applications to become qualified jurisdictions must be submitted on 
or before December 31, 2007 (with late-filed applications being 
considered to the extent practical).
    The Department expects to sign agreements with qualified 
jurisdictions, once designated, as soon as possible thereafter. The 
Department expects implementation or pre-implementation efforts for the 
proposed congestion reduction activities to commence shortly after an 
agreement (or series of agreements) with the qualified jurisdiction is 
signed.
    While the applicant for consideration as a qualified jurisdiction 
must be a public body, signatories to an agreement concerning 
congestion-reducing projects may include city and county governments, 
metropolitan planning organizations, State transportation departments, 
chambers of commerce, academic institutions, citizen advisory groups, 
or other responsible organizations that seek to resolve major 
congestion problems (any of whom may apply to become a qualified 
jurisdiction).
    The Department shall deem a single application filed pursuant to 
this Notice to be an application properly filed with each of the 
Funding Programs. Separate applications to specific Funding Programs 
shall not be required.

D. Contents of Application

    An application to become a qualified jurisdiction should briefly 
describe, with respect to the metropolitan area proposed, (i) why its 
traffic congestion is severe, (ii) the local public's acknowledgement 
of the problem, (iii) the readiness of the metropolitan area's 
political leadership to solve the problem and (iv) a solution to 
congestion that integrates innovative transit strategies, new 
transportation technologies and direct highway pricing during congested 
periods. In addition, an application should be responsive to the 
specifications and criteria set forth below. The Department recognizes 
that information provided in an application to become a qualified 
jurisdiction may be preliminary and incomplete. The Department, in its 
discretion, may ask certain applicants to supplement the data in their 
applications to the extent practical.
    (i) Length of Applications: An application should not exceed 40 
pages in length, including both the proposal details and appendix 
materials. Appendix materials may include maps of roadways and other 
affected facilities (such as bridges and parallel routes) and maps of 
BRT routes and other transit services or facilities that are directly 
involved.
    (ii) Participating Parties: An application should provide a 
preliminary, non-binding list of the parties likely to participate in 
the agreement between a qualified jurisdiction and the Department.
    (iii) Comprehensive Congestion Reduction Strategy: An application 
should generally describe the metropolitan area's proposed 
comprehensive congestion reduction strategy, and explain how different 
parts of that strategy, if any, would interact to reduce congestion.

[[Page 63956]]

    (iv) Congestion Pricing Measures and Affected Areas: An application 
should describe the role pricing would play in the congestion reduction 
strategy. To the extent practical, an application should indicate, in 
specific terms, how traffic would be affected, what areas or routes 
would be priced, how congestion prices would be determined, and which 
vehicle categories would be affected (e.g., single occupant vehicles or 
all vehicles).
    (v) Transit Services: An application should describe transit 
services, including BRT and other commuter transit services that are to 
be provided or supplemented, and the expected impacts of the expanded 
transit services on congestion. The application should also describe 
transit fare pricing policies to be adopted with the objective of 
increasing traveler throughput during peak traffic periods, while 
avoiding excessive congestion in the transit system.
    (vi) Use of Technology: An application should clearly indicate the 
extent to which a locality plans to operationally test innovative 
technology in achieving its congestion reduction targets.
    (vii) Expedited Project Completion: An application should indicate 
any major transportation projects or project components that are sought 
to be expedited through an agreement with the Department. The 
application should also indicate the expected effects on congestion 
from early completion of these projects.
    (viii) Travelers Affected Daily: An application should indicate the 
estimated number of daily travelers that will be directly affected by 
priced facilities and by other measures expected to be adopted by the 
qualified jurisdiction. This should include the estimated number of 
persons (vehicles) that will pay congestion charges, as well as the 
likely number diverted to other travel times, routes, or other 
transportation services, such as transit.
    (ix) Research, Planning, and Experience To Date: An application 
should indicate the prior work that participating parties (e.g., the 
candidate city or other jurisdictions) have already done to reduce 
congestion, including research, planning, and actual implementation of 
congestion related activities in the metropolitan area.
    (x) Other Time-Frame Considerations: An application should indicate 
the dates during which applicants expect to conduct congestion 
reduction activities (e.g., a six-month trial from June 30, 2008 until 
December 31, 2008). If the applicant expects the activities to continue 
indefinitely, the application should indicate this fact. Similarly, if 
the pricing activity is adopted on a temporary, experimental basis and 
the applicant expects it to be voted on by citizens of the 
jurisdictions participating in an agreement with the Department or 
otherwise considered for continuation, the application should provide 
this information.
    (xi) Funding Support: An application should indicate the estimated 
cost to implement the overall congestion reduction strategy. An 
application should also indicate the anticipated sources of those 
funds, including the amount requested to be covered by Federal sources.
    (xii) Contact Information: An application should clearly indicate 
contact information, including name, organization, address, phone 
number, and e-mail address. The Department will use this information to 
inform parties of the Department's decision regarding selection of 
interested parties, as well as to contact parties in the event that the 
Department needs additional information about an application.

E. Evaluation Criteria

    The Department will review and consider applications upon receipt, 
and will consider a variety of factors in reviewing applications 
seeking funding, including:
    (i) The extent to which the congestion reduction plan is reasonably 
projected to reduce congestion from current levels on major highways 
and arterial facilities within the demonstration area, as measured by 
projected travel speeds, ``levels of service'' or other objective 
measures of performance during the hours when the congestion reduction 
demonstration is in effect;
    (ii) The extent to which the congestion reduction plan is 
reasonably projected to enable improvements in transit service on major 
highways and arterial facilities within the demonstration area, as 
measured by projected reductions from current levels in scheduled 
running times or intervals between departures or other objective 
measures of performance during the hours when the congestion reduction 
plan is in effect;
    (iii) The extent to which the congestion reduction plan 
demonstrates innovative and potentially far-reaching technology 
applications;
    (iv) The project's national demonstration value; and
    (v) The technical feasibility and political probability of the 
project being implemented in the near term.
    The Department reserves the right to solicit candidates for 
agreements described herein by means other than this Notice. The 
Department expects to implement the procedures and criteria set forth 
in this Notice; however, such procedures and criteria shall not be 
binding on the Department.

    Issued in Washington, DC on November 5, 2007.
D.J. Gribbin,
General Counsel, U.S. Department of Transportation.
 [FR Doc. E7-22117 Filed 11-9-07; 8:45 am]
BILLING CODE 4910-9X-P