82_FR_19865 82 FR 19784 - Fixing America's Surface Transportation Act (FAST Act); Equal Access for Over-the-Road Buses

82 FR 19784 - Fixing America's Surface Transportation Act (FAST Act); Equal Access for Over-the-Road Buses

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 82, Issue 81 (April 28, 2017)

Page Range19784-19785
FR Document2017-08587

The FHWA invites interested parties to review and comment on definitions and applicable facilities related to requirements contained in Section 1411(a) and (b) of the Fixing America's Surface Transportation (FAST) Act regarding the treatment of over-the-road buses (OTRBs). In addition, FHWA invites interested parties to review and comment on a listing of covered Section 129 Federal-aid toll facilities in the United States.

Federal Register, Volume 82 Issue 81 (Friday, April 28, 2017)
[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)]
[Notices]
[Pages 19784-19785]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08587]


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

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[FHWA Docket No. FHWA-2017-0006]


Fixing America's Surface Transportation Act (FAST Act); Equal 
Access for Over-the-Road Buses

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

ACTION: Notice; request for comment.

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

SUMMARY: The FHWA invites interested parties to review and comment on 
definitions and applicable facilities related to requirements contained 
in Section 1411(a) and (b) of the Fixing America's Surface 
Transportation (FAST) Act regarding the treatment of over-the-road 
buses (OTRBs). In addition, FHWA invites interested parties to review 
and comment on a listing of covered Section 129 Federal-aid toll 
facilities in the United States.

DATES: Comments must be received by May 30, 2017.

ADDRESSES: To ensure that you do not duplicate your docket submissions, 
please submit them by only one of the following means:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting 
comments.
     Mail: U.S. Department of Transportation, Dockets 
Management Facility, Room W12-140, 1200 New Jersey Ave. SE., 
Washington, DC 20590- 0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Ave. SE., between 9 a.m. 5p.m., Monday through Friday, 
except Federal holidays. The telephone number is (202) 366-9329.
    All comments must include the docket number DOT-FHWA-2017-0006 at 
the beginning of the submission.
    Electronic Access: This document may be viewed online through the 
Federal eRulemaking portal at: http://www.regulations.gov. Electronic 
submission and retrieval help and guidelines are available on the Web 
site. It is available 24 hours each day, 365 days each year. Please 
follow the instructions. An electronic copy of this document may also 
be downloaded from the Office of the Federal Register's Web site at: 
http://www.archives.gov/federalregister and the Government Publishing 
Office's Web site at: http://www.thefederalregister.org/fdsys.

FOR FURTHER INFORMATION CONTACT: Ms. Cynthia Essenmacher, Federal 
Tolling Program Manager, Center for Innovative Finance Support, Office 
of Innovative Program Delivery, Federal Highway Administration, 315 W. 
Allegan St., Room 201, Lansing, MI 48933, (517) 702-1856. For legal 
questions: Mr. Steven Rochlis, Office of the Chief Counsel, Federal 
Highway Administration, 1200 New Jersey Avenue SE., Washington, DC 
20590, (202) 366-1395. Office hours are from 8:00 a.m. to 4:30 p.m. 
E.T., Monday through Friday, except for Federal holidays.

SUPPLEMENTARY INFORMATION:

Table of Contents

A. Background
B. Applicable Definitions for Implementing Section 1411 of the FAST 
Act
C. Covered Facilities Subject to OTRB Equal Access
D. Covered Section 129 Facilities List
E. Request for Comment

A. Background

    The FAST Act includes a number of provisions that modify Federal 
requirements related to high-occupancy vehicle (HOV) facilities and the 
tolling of highways. Sections 1411(a) and (b) of the FAST Act contained 
new requirements regarding the treatment of over-the-road buses (OTRBs) 
that access toll highways and HOV facilities. Specifically, the FAST 
Act amended 23 U.S.C. 129 and 23 U.S.C. 166 to address access to toll 
or HOV facilities for OTRBs.
    For HOV facilities, 23 U.S.C. 166(b)(3) was amended by the FAST 
Act, adding subparagraph (C) to grant HOV authorities an exception to 
allow public transportation vehicles (which FHWA interprets to include 
all public transportation vehicles, including public transportation 
buses) that do not meet the minimum occupancy requirements to use HOV 
lanes, but only if the HOV authority also gives equal access to OTRBs 
that serve the public. Under this exception provided in 23 U.S.C. 
166(b), HOV authorities may allow all public transportation vehicles to 
use HOV lanes, whether they meet the minimum occupancy requirements, as 
long as they provide equal access to OTRBs serving the public, under 
the same rates, terms, and conditions as all other public 
transportation vehicles.
    Additionally, 23 U.S.C. 166(b)(4)(C) was also amended by the FAST 
Act, adding subparagraph (iii), to grant HOV authorities the 
alternative to toll vehicles not meeting the minimum occupancy 
requirements in HOV lanes. In that case, HOV authorities are required 
to provide access to OTRBs that serve the public under the same rates, 
terms, and conditions as public transportation buses (which FHWA 
interprets to exclude other types of public transportation vehicles, 
which may be treated differently by the HOV authority). Similarly, on 
toll facilities subject to 23 U.S.C. 129, the FAST Act amended 23 
U.S.C. 129(a) by adding paragraph (9) to also require that OTRBs that 
serve the public be provided access to the toll facility under the same 
rates, terms, and conditions as public transportation buses.
    In preparing guidance to assist in the implementation of Section 
1411 of the FAST Act, FHWA considered how to define key terms in 
Section 1411 as well as which facilities are governed by the new 
requirements. The FHWA is seeking comment on implementation of these 
terms as they relate to FAST Act Section 1411 amendments to 23 U.S.C. 
129 and 166.

B. Applicable Definitions for Implementing Section 1411 of the FAST Act

    For the purposes of implementing FAST Act Section 1411 amendments 
to 23 U.S.C. 129 and 166, FHWA intends to use definitions where they 
exist in relevant statutes and regulations. Where FHWA found no 
existing definition, such as for the term ``public transportation 
bus,'' FHWA developed a definition based on its interpretation of 
Congress's intent. The definitions for the key terms, are:
    ``Over-the-road bus'' is defined as a bus characterized by an 
elevated passenger deck located over a baggage compartment. Source: As 
amended by FAST Act Section 1411, 23 U.S.C. 129(a)(10)(C) and 23 U.S.C. 
166(f)(4) define this term, giving it the same meaning as in Section 
301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181).
    ``Public Transportation Bus'' is a category of public 
transportation vehicle (as defined in 23 U.S.C. 166(f)(6)), consisting 
of a motor vehicle with motive power, except a trailer, designed for 
carrying more than 10 persons. Source: The FHWA developed this 
definition by drawing upon definitions of similar or related terms. The 
FHWA incorporated the definition of ``public transportation vehicle'' 
in 23 U.S.C. 166(f)(6), and the definition of ``bus'' in 49 CFR 571.3.

[[Page 19785]]

    ``Public Transportation Vehicle'' means a vehicle that (A) provides 
designated public transportation (as defined in section 221 of the 
Americans with Disabilities Act of 1990 (42 U.S.C. 12141)) or provides 
public school transportation (to and from public or private primary, 
secondary, or tertiary schools); and (B)(i) is owned or operated by a 
public entity; (ii) is operated under a contract with a public entity; 
or (iii) is operated pursuant to a license by the Secretary or a State 
agency to provide motorbus or school vehicle transportation services to 
the public. Source: This term is defined in 23 U.S.C. 166(f)(6).
    ``Serve/Serving the Public'' means provision of service to the 
general public, including general or special service (including charter 
service) on a regular and continuing basis. Source: This term has a 
similar meaning as the term ``designated public transportation'' in 
Section 221 of the Americans with Disabilities Act of 1990 (42 U.S.C. 
12141).
    ``Toll Facility'' means a toll highway, bridge, or tunnel or 
approach to the highway, bridge, or tunnel constructed under 23 U.S.C. 
129(a). Source: This term has the same meaning as the term is given in 
23 U.S.C. 129(a)(10)(E).

C. Covered Facilities Subject to OTRB Equal Access

Section 129 Facilities

    Section 1411(a) of the FAST Act amends 23 U.S.C. 129 to provide 
that, ``An over-the-road bus that serves the public shall be provided 
access to a toll facility under the same rates, terms, and conditions 
as public transportation buses.'' 23 U.S.C. 129(a)(9). A toll facility 
is defined in 23 U.S.C. 129(a)(10)(E) (as amended by the FAST Act) as: 
``a toll highway, bridge, or tunnel or approach to the highway, bridge, 
or tunnel constructed under [section 129(a)].''
    Facilities ``constructed under'' Section 129 includes both 
facilities subject to Section 129 tolling agreements executed prior to 
the Moving Ahead for Progress in the 21st Century Act (MAP-21)(Pub. L. 
112-141) (which eliminated the statutory requirement for a Section 129 
toll agreement), and facilities that have become (or will become) 
subject to Section 129 post-MAP-21 (which may, or may not, have a 
tolling Memorandum of Understanding with FHWA). This would include a 
facility that either uses Federal-aid funds on an existing toll 
facility in accordance with Section 129(a), or imposes tolls on a 
facility constructed with Federal-aid funds pursuant to Section 129(a).

Section 166 Facilities

    For HOV facilities under 23 U.S.C. 166, Section 1411(b) of the FAST 
Act added Section 166(b)(3)(C), which requires any authority that 
allows public transportation vehicles to use an HOV facility to provide 
equal access to the facility under the same rates, terms, and 
conditions for all public transportation vehicles and OTRBs serving the 
public. The FAST Act also added Section 166(b)(4)(C)(iii), which 
provides that if an authority operates HOT lanes that allow vehicles 
not otherwise exempt under 23 U.S.C. 166(b) to pay a toll to use the 
facility, the authority must ensure that OTRBs serving the public are 
provided access to the facility under the same rates, terms, and 
conditions as public transportation buses.
    Under 23 U.S.C. 166(f)(2), the term ``HOV facility'' means a high 
occupancy vehicle facility. There are no exclusions or exceptions under 
this definition based on Federal-aid participation in the construction 
or operation of the HOV facility. Therefore, FHWA believes amendments 
made by Section 1411 of the FAST Act are applicable to all Section 166 
HOV facilities, regardless of Federal-aid participation in the project.

D. Covered Section 129 Facilities List

    The Section 129 Covered Facilities list can be found on the docket 
for this Federal Register Notice. Federal-aid toll facilities that were 
constructed under other Federal tolling authorities and not subject to 
Section 1411 of the FAST Act are also included in the docket list of 
covered facilities for reference. Other Federal tolling authorities 
include the Surface Transportation and Uniform Relocation Assistance 
Act of 1987 (Pub. L. 100-17) and the Intermodal Surface Transportation 
Efficiency Act of 1991 (Pub. L. 102-240).
    The FHWA invites comment on the accuracy and completeness of the 
list of facilities subject to OTRB equal access.

E. Request for Comment

    The FHWA is seeking public comment on the following specific 
sections of this Federal Register Notice:
    (1) Applicable definitions for implementing Section 1411 of the 
FAST Act,
    (2) Covered facilities subject to OTRB equal access, and
    (3) OTRB Section 129 Covered Facilities list.
    The OTRB Section 129 Covered Facilities list can be found on the 
docket for this Federal Register Notice.
    Commenters are encouraged to address any or all of the areas listed 
above. Commenters are also encouraged to provide specific information 
on toll facilities subject to OTRB requirements that are not included 
on the Section 129 Covered Facilities-OTRB list. Commenters may also 
describe why they believe certain facilities should be included in the 
Section 129 Covered Facilities-OTRB list. This description should 
include such information as the facility name, location, route 
designation, and owner/operator.
    Commenters are also encouraged to focus on matters within the 
control of FHWA. (Matters not within the control of FHWA include such 
items as HOV occupancy requirements at specific facilities, setting of 
toll rates, or Federal Transit Administration laws.) The FHWA will 
consider public comment before adopting its final guidance on OTRBs.

    Issued on: April 24, 2017.
Walter C. Waidelich, Jr.,
Acting Deputy Administrator, Federal Highway Administration.
[FR Doc. 2017-08587 Filed 4-27-17; 8:45 am]
 BILLING CODE 4910-22-P



                                                    19784                            Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Notices

                                                      Issued in Washington, DC, on April 21,                from the Office of the Federal Register’s             adding subparagraph (iii), to grant HOV
                                                    2017.                                                   Web site at: http://www.archives.gov/                 authorities the alternative to toll
                                                    Dale Bouffiou,                                          federalregister and the Government                    vehicles not meeting the minimum
                                                    Alternate Designated Federal Officer,                   Publishing Office’s Web site at: http://              occupancy requirements in HOV lanes.
                                                    Aviation Rulemaking Advisory Committee.                 www.gpo.gov/fdsys.                                    In that case, HOV authorities are
                                                    [FR Doc. 2017–08564 Filed 4–27–17; 8:45 am]             FOR FURTHER INFORMATION CONTACT: Ms.                  required to provide access to OTRBs
                                                    BILLING CODE 4910–13–P                                  Cynthia Essenmacher, Federal Tolling                  that serve the public under the same
                                                                                                            Program Manager, Center for Innovative                rates, terms, and conditions as public
                                                                                                            Finance Support, Office of Innovative                 transportation buses (which FHWA
                                                    DEPARTMENT OF TRANSPORTATION                            Program Delivery, Federal Highway                     interprets to exclude other types of
                                                                                                            Administration, 315 W. Allegan St.,                   public transportation vehicles, which
                                                    Federal Highway Administration                          Room 201, Lansing, MI 48933, (517)                    may be treated differently by the HOV
                                                    [FHWA Docket No. FHWA–2017–0006]                        702–1856. For legal questions: Mr.                    authority). Similarly, on toll facilities
                                                                                                            Steven Rochlis, Office of the Chief                   subject to 23 U.S.C. 129, the FAST Act
                                                    Fixing America’s Surface                                Counsel, Federal Highway                              amended 23 U.S.C. 129(a) by adding
                                                    Transportation Act (FAST Act); Equal                    Administration, 1200 New Jersey                       paragraph (9) to also require that OTRBs
                                                    Access for Over-the-Road Buses                          Avenue SE., Washington, DC 20590,                     that serve the public be provided access
                                                                                                            (202) 366–1395. Office hours are from                 to the toll facility under the same rates,
                                                    AGENCY: Federal Highway                                 8:00 a.m. to 4:30 p.m. E.T., Monday                   terms, and conditions as public
                                                    Administration (FHWA), Department of                    through Friday, except for Federal                    transportation buses.
                                                    Transportation (DOT).                                   holidays.                                                In preparing guidance to assist in the
                                                    ACTION: Notice; request for comment.
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  implementation of Section 1411 of the
                                                    SUMMARY:    The FHWA invites interested                                                                       FAST Act, FHWA considered how to
                                                    parties to review and comment on                        Table of Contents                                     define key terms in Section 1411 as well
                                                    definitions and applicable facilities                   A. Background                                         as which facilities are governed by the
                                                    related to requirements contained in                    B. Applicable Definitions for Implementing            new requirements. The FHWA is
                                                    Section 1411(a) and (b) of the Fixing                       Section 1411 of the FAST Act                      seeking comment on implementation of
                                                    America’s Surface Transportation                        C. Covered Facilities Subject to OTRB Equal           these terms as they relate to FAST Act
                                                                                                                Access                                            Section 1411 amendments to 23 U.S.C.
                                                    (FAST) Act regarding the treatment of                   D. Covered Section 129 Facilities List
                                                    over-the-road buses (OTRBs). In                                                                               129 and 166.
                                                                                                            E. Request for Comment
                                                    addition, FHWA invites interested                                                                             B. Applicable Definitions for
                                                    parties to review and comment on a                      A. Background
                                                                                                                                                                  Implementing Section 1411 of the FAST
                                                    listing of covered Section 129 Federal-                    The FAST Act includes a number of                  Act
                                                    aid toll facilities in the United States.               provisions that modify Federal
                                                    DATES: Comments must be received by                     requirements related to high-occupancy                   For the purposes of implementing
                                                    May 30, 2017.                                           vehicle (HOV) facilities and the tolling              FAST Act Section 1411 amendments to
                                                                                                            of highways. Sections 1411(a) and (b) of              23 U.S.C. 129 and 166, FHWA intends
                                                    ADDRESSES: To ensure that you do not
                                                                                                            the FAST Act contained new                            to use definitions where they exist in
                                                    duplicate your docket submissions,
                                                                                                            requirements regarding the treatment of               relevant statutes and regulations. Where
                                                    please submit them by only one of the
                                                                                                            over-the-road buses (OTRBs) that access               FHWA found no existing definition,
                                                    following means:
                                                       • Federal eRulemaking Portal: Go to                  toll highways and HOV facilities.                     such as for the term ‘‘public
                                                    http://www.regulations.gov and follow                   Specifically, the FAST Act amended 23                 transportation bus,’’ FHWA developed a
                                                    the online instructions for submitting                  U.S.C. 129 and 23 U.S.C. 166 to address               definition based on its interpretation of
                                                    comments.                                               access to toll or HOV facilities for                  Congress’s intent. The definitions for
                                                       • Mail: U.S. Department of                           OTRBs.                                                the key terms, are:
                                                    Transportation, Dockets Management                         For HOV facilities, 23 U.S.C. 166(b)(3)               ‘‘Over-the-road bus’’ is defined as a
                                                    Facility, Room W12–140, 1200 New                        was amended by the FAST Act, adding                   bus characterized by an elevated
                                                    Jersey Ave. SE., Washington, DC 20590–                  subparagraph (C) to grant HOV                         passenger deck located over a baggage
                                                    0001.                                                   authorities an exception to allow public              compartment. Source: As amended by
                                                       • Hand Delivery: West Building                       transportation vehicles (which FHWA                   FAST Act Section 1411, 23 U.S.C.
                                                    Ground Floor, Room W12–140, 1200                        interprets to include all public                      129(a)(10)(C) and 23 U.S.C. 166(f)(4)
                                                    New Jersey Ave. SE., between 9 a.m.                     transportation vehicles, including                    define this term, giving it the same
                                                    5p.m., Monday through Friday, except                    public transportation buses) that do not              meaning as in Section 301 of the
                                                    Federal holidays. The telephone number                  meet the minimum occupancy                            Americans with Disabilities Act of 1990
                                                    is (202) 366–9329.                                      requirements to use HOV lanes, but only               (42 U.S.C. 12181).
                                                       All comments must include the                        if the HOV authority also gives equal                    ‘‘Public Transportation Bus’’ is a
                                                    docket number DOT–FHWA–2017–0006                        access to OTRBs that serve the public.                category of public transportation vehicle
                                                    at the beginning of the submission.                     Under this exception provided in 23                   (as defined in 23 U.S.C. 166(f)(6)),
                                                       Electronic Access: This document                     U.S.C. 166(b), HOV authorities may                    consisting of a motor vehicle with
                                                    may be viewed online through the                        allow all public transportation vehicles              motive power, except a trailer, designed
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                                                    Federal eRulemaking portal at: http://                  to use HOV lanes, whether they meet                   for carrying more than 10 persons.
                                                    www.regulations.gov. Electronic                         the minimum occupancy requirements,                   Source: The FHWA developed this
                                                    submission and retrieval help and                       as long as they provide equal access to               definition by drawing upon definitions
                                                    guidelines are available on the Web site.               OTRBs serving the public, under the                   of similar or related terms. The FHWA
                                                    It is available 24 hours each day, 365                  same rates, terms, and conditions as all              incorporated the definition of ‘‘public
                                                    days each year. Please follow the                       other public transportation vehicles.                 transportation vehicle’’ in 23 U.S.C.
                                                    instructions. An electronic copy of this                   Additionally, 23 U.S.C. 166(b)(4)(C)               166(f)(6), and the definition of ‘‘bus’’ in
                                                    document may also be downloaded                         was also amended by the FAST Act,                     49 CFR 571.3.


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                                                                                     Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Notices                                                19785

                                                       ‘‘Public Transportation Vehicle’’                    constructed with Federal-aid funds                      Commenters are encouraged to
                                                    means a vehicle that (A) provides                       pursuant to Section 129(a).                           address any or all of the areas listed
                                                    designated public transportation (as                                                                          above. Commenters are also encouraged
                                                                                                            Section 166 Facilities
                                                    defined in section 221 of the Americans                                                                       to provide specific information on toll
                                                    with Disabilities Act of 1990 (42 U.S.C.                   For HOV facilities under 23 U.S.C.                 facilities subject to OTRB requirements
                                                    12141)) or provides public school                       166, Section 1411(b) of the FAST Act                  that are not included on the Section 129
                                                    transportation (to and from public or                   added Section 166(b)(3)(C), which                     Covered Facilities-OTRB list.
                                                    private primary, secondary, or tertiary                 requires any authority that allows                    Commenters may also describe why
                                                    schools); and (B)(i) is owned or operated               public transportation vehicles to use an              they believe certain facilities should be
                                                    by a public entity; (ii) is operated under              HOV facility to provide equal access to               included in the Section 129 Covered
                                                    a contract with a public entity; or (iii)               the facility under the same rates, terms,             Facilities-OTRB list. This description
                                                    is operated pursuant to a license by the                and conditions for all public                         should include such information as the
                                                    Secretary or a State agency to provide                  transportation vehicles and OTRBs                     facility name, location, route
                                                    motorbus or school vehicle                              serving the public. The FAST Act also                 designation, and owner/operator.
                                                    transportation services to the public.                  added Section 166(b)(4)(C)(iii), which                  Commenters are also encouraged to
                                                    Source: This term is defined in 23                      provides that if an authority operates                focus on matters within the control of
                                                    U.S.C. 166(f)(6).                                       HOT lanes that allow vehicles not                     FHWA. (Matters not within the control
                                                       ‘‘Serve/Serving the Public’’ means                   otherwise exempt under 23 U.S.C.                      of FHWA include such items as HOV
                                                    provision of service to the general                     166(b) to pay a toll to use the facility,             occupancy requirements at specific
                                                    public, including general or special                    the authority must ensure that OTRBs                  facilities, setting of toll rates, or Federal
                                                    service (including charter service) on a                serving the public are provided access                Transit Administration laws.) The
                                                    regular and continuing basis. Source:                   to the facility under the same rates,                 FHWA will consider public comment
                                                    This term has a similar meaning as the                  terms, and conditions as public                       before adopting its final guidance on
                                                    term ‘‘designated public transportation’’               transportation buses.                                 OTRBs.
                                                    in Section 221 of the Americans with                       Under 23 U.S.C. 166(f)(2), the term
                                                                                                                                                                    Issued on: April 24, 2017.
                                                    Disabilities Act of 1990 (42 U.S.C.                     ‘‘HOV facility’’ means a high occupancy
                                                                                                            vehicle facility. There are no exclusions             Walter C. Waidelich, Jr.,
                                                    12141).                                                                                                       Acting Deputy Administrator, Federal
                                                                                                            or exceptions under this definition
                                                       ‘‘Toll Facility’’ means a toll highway,              based on Federal-aid participation in                 Highway Administration.
                                                    bridge, or tunnel or approach to the                    the construction or operation of the                  [FR Doc. 2017–08587 Filed 4–27–17; 8:45 am]
                                                    highway, bridge, or tunnel constructed                  HOV facility. Therefore, FHWA believes                BILLING CODE 4910–22–P
                                                    under 23 U.S.C. 129(a). Source: This                    amendments made by Section 1411 of
                                                    term has the same meaning as the term                   the FAST Act are applicable to all
                                                    is given in 23 U.S.C. 129(a)(10)(E).                    Section 166 HOV facilities, regardless of             DEPARTMENT OF TRANSPORTATION
                                                    C. Covered Facilities Subject to OTRB                   Federal-aid participation in the project.
                                                                                                                                                                  National Highway Traffic Safety
                                                    Equal Access                                            D. Covered Section 129 Facilities List                Administration
                                                    Section 129 Facilities                                     The Section 129 Covered Facilities                 [Docket Number NHTSA–2016–0131]
                                                       Section 1411(a) of the FAST Act                      list can be found on the docket for this
                                                                                                            Federal Register Notice. Federal-aid toll             Reports, Forms and Recordkeeping
                                                    amends 23 U.S.C. 129 to provide that,
                                                                                                            facilities that were constructed under                Requirements
                                                    ‘‘An over-the-road bus that serves the
                                                    public shall be provided access to a toll               other Federal tolling authorities and not
                                                                                                                                                                  AGENCY: National Highway Traffic
                                                    facility under the same rates, terms, and               subject to Section 1411 of the FAST Act
                                                                                                                                                                  Safety Administration (NHTSA), U.S.
                                                    conditions as public transportation                     are also included in the docket list of
                                                                                                                                                                  Department of Transportation.
                                                    buses.’’ 23 U.S.C. 129(a)(9). A toll                    covered facilities for reference. Other
                                                                                                            Federal tolling authorities include the               ACTION: Notice and request for
                                                    facility is defined in 23 U.S.C.                                                                              comments.
                                                    129(a)(10)(E) (as amended by the FAST                   Surface Transportation and Uniform
                                                    Act) as: ‘‘a toll highway, bridge, or                   Relocation Assistance Act of 1987 (Pub.               SUMMARY:   In accordance with the
                                                    tunnel or approach to the highway,                      L. 100–17) and the Intermodal Surface                 Paperwork Reduction Act of 1995 (44
                                                    bridge, or tunnel constructed under                     Transportation Efficiency Act of 1991                 U.S.C. 3501 et seq.) this notice
                                                    [section 129(a)].’’                                     (Pub. L. 102–240).                                    announces NHTSA has submitted to the
                                                                                                               The FHWA invites comment on the
                                                       Facilities ‘‘constructed under’’                                                                           Office of Management and Budget
                                                                                                            accuracy and completeness of the list of
                                                    Section 129 includes both facilities                                                                          (OMB) a request for emergency
                                                                                                            facilities subject to OTRB equal access.
                                                    subject to Section 129 tolling                                                                                clearance and review for existing
                                                    agreements executed prior to the                        E. Request for Comment                                information collection 2127–0025.
                                                    Moving Ahead for Progress in the 21st                     The FHWA is seeking public                          Approval of this collection is essential
                                                    Century Act (MAP–21)(Pub. L. 112–141)                   comment on the following specific                     to the mission of the agency.
                                                    (which eliminated the statutory                         sections of this Federal Register Notice:               While NHTSA has requested a
                                                    requirement for a Section 129 toll                        (1) Applicable definitions for                      temporary emergency clearance for this
                                                    agreement), and facilities that have                                                                          collection, the agency is also in the
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                                                                                                            implementing Section 1411 of the FAST
                                                    become (or will become) subject to                      Act,                                                  process of requesting a full clearance for
                                                    Section 129 post-MAP–21 (which may,                       (2) Covered facilities subject to OTRB              this collection and has already
                                                    or may not, have a tolling Memorandum                   equal access, and                                     published a 30-day Federal Register
                                                    of Understanding with FHWA). This                         (3) OTRB Section 129 Covered                        notice requesting comment. This notice
                                                    would include a facility that either uses               Facilities list.                                      repeats that request for comments.
                                                    Federal-aid funds on an existing toll                     The OTRB Section 129 Covered                        DATES: Comments on the already
                                                    facility in accordance with Section                     Facilities list can be found on the docket            published request for comments must be
                                                    129(a), or imposes tolls on a facility                  for this Federal Register Notice.                     received on or before May 22, 2017. We


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Document Created: 2017-04-28 03:02:13
Document Modified: 2017-04-28 03:02:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for comment.
DatesComments must be received by May 30, 2017.
ContactMs. Cynthia Essenmacher, Federal Tolling Program Manager, Center for Innovative Finance Support, Office of Innovative Program Delivery, Federal Highway Administration, 315 W. Allegan St., Room 201, Lansing, MI 48933, (517) 702-1856. For legal questions: Mr. Steven Rochlis, Office of the Chief Counsel, Federal Highway Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 366-1395. Office hours are from 8:00 a.m. to 4:30 p.m. E.T., Monday through Friday, except for Federal holidays.
FR Citation82 FR 19784 

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