83 FR 49624 - Fixing America's Surface Transportation (FAST) Act; Solicitation for Candidate Projects in the Interstate System Reconstruction and Rehabilitation Pilot Program (ISRRPP)
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 83, Issue 191 (October 2, 2018)
Federal Highway Administration
Federal Register Volume 83, Issue 191 (October 2, 2018)
| Page Range | 49624-49627 | |
| FR Document | 2018-21340 |
[Federal Register Volume 83, Number 191 (Tuesday, October 2, 2018)] [Notices] [Pages 49624-49627] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21340] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration Fixing America's Surface Transportation (FAST) Act; Solicitation for Candidate Projects in the Interstate System Reconstruction and Rehabilitation Pilot Program (ISRRPP) AGENCY: Federal Highway Administration (FHWA), U.S. Department of Transportation (DOT). ACTION: Notice; solicitation for applications. ----------------------------------------------------------------------- SUMMARY: The FHWA invites State transportation departments to submit applications for candidate projects in the Interstate System Reconstruction and Rehabilitation Pilot Program (ISRRPP), authorized in section 1216(b) of the Transportation Equity Act for the 21st Century and amended by section 1411(c) of the Fixing America's Surface Transportation (FAST) Act. Under ISRRPP, FHWA may permit up to three States to collect tolls on a facility on the Interstate System for the purpose of reconstructing or rehabilitating Interstate highway corridors that could not otherwise be adequately maintained or functionally improved without the collection of tolls. This notice describes general program provisions, eligibility and selection criteria, and the application submission and evaluation process. DATES: Applications will be considered on a first-come, first serve rolling basis until further notice. The FHWA will review submissions in the order that they are received and award provisional approvals to States that will be expected to fully satisfy ISRRPP criteria within 3 years. The FHWA will conduct regular information sessions regarding ISRRPP. Regular program updates will be available as to how many provisional slots are available. For more information, please visit: https://www.fhwa.dot.gov/ipd/tolling_and_pricing/. FOR FURTHER INFORMATION CONTACT: For questions about the pilot program: Ms. Cynthia Essenmacher, Center for Innovative Finance Support, Office of Innovative Program Delivery, Federal Highway Administration, 315 West Allegan Street, 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. Program Description B. Program Slots C. Eligibility Information D. Submission Information E. Review Information F. Requirements for Provisionally Approved Projects A. Program Description 1. Tolling Authority Under ISRRPP The FAST Act Section 1411(c) amends ISRRPP authorized under Section 1216(b) of the Transportation Equity Act for the 21st Century (TEA-21). The ISRRPP allows a State to collect tolls on a facility on the Interstate System in order to reconstruct or rehabilitate an Interstate highway corridor that could not otherwise be adequately maintained or functionally improved without the collection of tolls. Up to three facilities may participate in ISRRPP, and each must be geographically located in a different State. Since ISRRPP's establishment in 1998, several States have requested and received what FHWA has termed ``provisional approval'' of pilot projects, also referred to as the reservation of a ``program slot.'' The purpose of this step has been to enable States to invest the considerable resources needed to fully satisfy the program criteria, which are described below, without fear of being superseded by a subsequent applicant. To date, however, no State has fully satisfied ISRRPP criteria. 2. Other Interstate Tolling Authority The ISRRPP is not the only authority available to States to toll facilities on the [[Page 49625]] Interstate System. Today, the 46,730-mile Interstate System includes approximately 2,900 miles of toll roads, most built as turnpikes and incorporated into the system in 1957. Current Federal law provides several options for States to toll Interstate facilities. The authorities in 23 United States Code (U.S.C.) 129(a)(1) now allow for the initial construction of an Interstate toll facility; the conversion of an Interstate high occupancy vehicle (HOV) lane to a toll facility; the expansion of an Interstate highway and tolling of the new capacity as long as the current number of toll-free non-HOV lanes is maintained; and the reconstruction or replacement of a toll-free Interstate System bridge or tunnel and its conversion to a toll facility. Additional authorities are provided under 23 U.S.C. 166(c), which allows public agencies to permit toll-paying vehicles that do not meet minimum occupancy standards to use high-occupancy vehicle (HOV) lanes. Such lanes are commonly referred to as high occupancy toll (HOT) lanes. Finally, the Value Pricing Pilot Program (VPPP), initially authorized in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA, Pub. L. 102-240) as the Congestion Pricing Pilot Program and subsequently amended under other laws, encourages implementation and evaluation of value pricing pilot projects to manage congestion through tolling and other pricing mechanisms on facilities both on and off the Interstate System. All these current tolling authorities are separate and distinct from ISRRPP. 3. FAST Act Amendments to ISRRPP The FAST Act amendments to ISRRPP create several changes. First, acknowledging the key role that State legislative authority has in implementing ISRRPP, the FAST Act adds the specific selection criterion that ``a State has the authority required for the project to proceed.'' This addresses a common challenge facing those States that have held provisional approvals, i.e., securing legal authority from their State legislatures to collect tolls on a currently toll-free Interstate highway. Second, the FAST Act specifies timeframes under which States with provisional approvals must complete the program's requirements. Any State receiving a provisional approval as a result of this solicitation will have 3 years from the date of the approval to fully satisfy the program criteria, complete environmental review under the National Environmental Policy Act of 1969 (NEPA), and execute a toll agreement with FHWA. The FAST Act allows for a 1-year extension of the 3-year provisional approval if the State demonstrates material progress toward implementation of its pilot project. Third, the FAST Act gave the States holding provisional approvals at the time the FAST Act was enacted 1 year to satisfy the program criteria or request an extension for an additional year. On the date of enactment, December 4, 2015, three States--Missouri, North Carolina and Virginia--held ISRRPP provisional approvals. Since then, all three have relinquished their program slots. B. Program Slots In announcing this ISRRPP solicitation, FHWA seeks applications from States for candidate projects under the program. Based on the program's experience, FHWA believes it unlikely that any State would invest the considerable effort to develop an application that fully satisfies the program criteria without assurance that its efforts would not be superseded by a competing applicant. Conversely, FHWA recognizes that provisional approval and the reservation of a program slot--while allowing a State to work in earnest to meet the program's environmental, financial, public support and operational requirements--also inhibits other States from pursuing similar projects. Therefore, FHWA will review each candidate project thoroughly before making any commitment of provisional approval. As provided in Section 1411(c) of the FAST Act, FHWA may grant provisional approval to up to three projects that will fully implement ISRRPP (reconstruct or rehabilitate an Interstate segment and convert it to a toll facility) based on an assessment that eligibility and selection criteria can be met. At the present time, all three program slots are available. This solicitation does not offer any Federal funds for these projects. Formula Federal-aid highway funds may be used toward a candidate project, subject to the eligibility requirements for these funds. In addition, a candidate project may qualify for credit assistance under 23 U.S.C. 601-609, DOT's Transportation Infrastructure Finance and Innovation Act (TIFIA) credit program. While Section 1216(b)(6) of TEA-21 specifically prohibited the use of Interstate Maintenance (IM) funds on the Interstate facility covered by an ISRRPP project during the period tolls are collected, the IM program has since been discontinued. Given the expansion of tolling authority under 23 U.S.C. 129, the restriction on use of IM funds is not applied to the use of eligible funding sources, including the National Highway Performance Program. C. Eligibility Information To be selected for provisional approval in ISRRPP, an applicant must be a State DOT and the project must be a facility on the Interstate System. 1. Interstate Facility A facility on the Interstate System is considered to be a route on the Dwight D. Eisenhower National System of Interstate and Defense Highways as described in 23 U.S.C. 103(c). This is the originally designated Interstate System and includes those Interstate additions under former 23 U.S.C. 139(a). A State may propose only a single Interstate facility as its candidate project, and each facility selected by FHWA must be in a different State. Note that the existing statute in 23 U.S.C. 129(a)(1)(E) already allows for reconstruction or replacement of a toll-free Interstate bridge or tunnel and its conversion to a toll facility. For the purposes of ISRRPP, the scope of the candidate project must include reconstruction or rehabilitation throughout the Interstate facility (not solely on bridges or tunnels), where estimated improvement costs exceed available funding sources and work cannot be advanced without the collection of tolls. 2. Toll Revenue Uses The ISRRPP's conditions on toll revenue uses reflect the intent that tolls are collected to reconstruct or rehabilitate an Interstate facility, not to support other surface transportation projects. The State must execute an agreement with FHWA specifying that toll revenues received from operation of the facility will be used in accordance with the requirements set forth in Section 1216(b)(5) of TEA-21. This section requires that all toll revenues be used only for (1) debt service, (2) reasonable return on investment of any private person financing the project, and (3) any costs necessary for the improvement of and the proper operation and maintenance of the toll facility, including reconstruction, resurfacing, restoration and rehabilitation of the toll facility. It is important that applicants understand that these conditions are more restrictive than those that apply to projects authorized under 23 U.S.C. 129 or 23 U.S.C. 166. In addition, the toll agreement must include a provision that the State will conduct regular (e.g., annual) audits to ensure compliance with the provisions [[Page 49626]] regarding use of toll revenues, and the results of these audits will be transmitted to FHWA. The FHWA is concerned that the initiation of new toll collection should not occur until it is evident to the traveling public that tolls will result in investment on the facility. Accordingly, the earliest that tolls may be imposed on an ISRRPP facility is the date of award of a contract for the physical reconstruction or rehabilitation of a significant portion of the facility. In the case of a design-build contract or public-private partnership agreement, this would occur when a notice to proceed for the physical construction has been issued or when the design-builder otherwise becomes contractually obligated to accomplish the physical construction activities of the project. 3. Federal-Aid Requirements Regardless of whether Federal-aid funds are to be used in the reconstruction or rehabilitation activities, each ISRRPP project must satisfy the applicable Federal laws, rules and regulations set forth in title 23 U.S.C. and title 23 Code of Federal Regulations. A State receiving provisional approval must complete the environmental review and permitting process under (NEPA, 42 U.S.C. 4321 et seq.) for the candidate project before it can receive final approval. The NEPA analysis must take into account not only the impacts of the proposed reconstruction or rehabilitation activities but also consider impacts associated with converting the toll-free facility to a toll facility. D. Submission Information A State that seeks to participate in the pilot program must submit an application that addresses the program's statutory eligibility and selection criteria as described below. 1. Address A State DOT must submit the application to its respective FHWA Division Office. Subsequent application tasks will also be coordinated through the Division Office. 2. Content and Form of Application Although the State DOT may determine the appropriate form, the application package is limited to no more than 25 pages. The FHWA recommends that the project narrative be prepared with standard formatting preferences (i.e., a single-spaced document, using a standard 12-point font such as Times New Roman, with 1-inch margins). The project narrative may not exceed 25 pages in length, excluding cover pages and table of contents. The only substantive portions that may exceed the 25-page limit are supporting documents to support assertions or conclusions made in the 25-page project narrative. If necessary, FHWA may request supplemental or clarifying information from the State. The application should include information required for FHWA to assess each of the criteria specified in Section E (Review Information). The State should demonstrate the responsiveness of a project to any pertinent selection criteria with the most relevant information it can provide, regardless of whether such information has been specifically requested, or identified, in this notice. The application should describe all critical project milestones and the State's current progress toward achieving them. The FHWA recommends that the application adhere to the following basic outline and the project narrative include a table of contents, maps, and graphics as appropriate to inform the review. The specific statutory references from Section 1216 of TEA-21 (as amended by Section 1411 of the FAST Act) are noted in brackets after each item: i. Project Description: An identification of the facility on the Interstate System proposed to become a toll facility, including the age, condition, and intensity of use of the facility [1216(b)(3)(A)]. ii. Metropolitan Planning Organization (MPO) Consultation: In the case of a facility that affects a metropolitan area, a description of the State's current consultations regarding the candidate project with that area's MPO established under 23 U.S.C. 134. Full satisfaction of this eligibility criteria requires an assurance that MPO for the area has been consulted concerning the placement and amount of tolls on the facility [1216(b)(3)(B)]. iii. Financial Analysis: An analysis demonstrating that the facility could not be maintained or improved to meet current or future needs from the State's Federal-aid apportionments and allocations and from revenues for highways from any other source without toll revenues [1216(b)(3)(C)]. iv. Facility Management Plan: (a) A plan for implementing tolls on the facility [1216(b)(3)(D)(i)]. Note that an approved plan must take into account the interests of local, regional, and Interstate travelers [1216(b)(4)(C)]. (b) A proposed schedule and finance plan for the reconstruction or rehabilitation of the facility using toll revenues [1216(b)(3)(D)(ii)]. The plan should give extensive focus to the development phase requirements, including among its milestones the completion of NEPA, the acquisition of tolling authority from the legislature, and the issuance of any debt backed by toll revenues. (c) A description of the public transportation agency that will be responsible for implementation and administration of the candidate project [1216(b)(3)(D)(iii)]. (d) A description of whether consideration will be given to privatizing the maintenance and operational aspects of the facility, while retaining legal and administrative control of the portion of the Interstate route [1216(b)(3)(D)(iv)]. Note that ISRRPP selection criteria require the State to give preference to the use of a public toll agency with demonstrated capability to build, operate and maintain a toll expressway system meeting criteria for the Interstate System [1216(b)(4)(E)]. (e) A statement as to whether the State currently has the authority required for the toll project to proceed and, if not, a plan and timetable for when such authority will be obtained [1216(b)(4)(F)]. 3. Submission Date A State DOT may submit an application to its FHWA Division Office at any time. Applications will be considered on a first-come, first serve rolling basis until further notice. States are strongly encouraged to work closely with their respective division offices throughout the preparation of the application. E. Review Information 1. Review and Selection Process The FHWA will perform an initial eligibility review of an application. Based on its knowledge of the proposed project and the State's highway program, FHWA will evaluate the project's technical and financial feasibility, risks, planning approvals, NEPA and other environmental reviews/approvals, tolling authority, agreements to operate and maintain a toll expressway system, and other implementation agreements. The FHWA Headquarters evaluation team will use the information in the application to assess the State's readiness and capability to fully satisfy the ISRRPP criteria in order to deliver the candidate project. Based upon this evaluation, FHWA may provide a provisional approval to the applicant State if it is expected to be able to fully [[Page 49627]] satisfy the following selection criteria within 3 years. The selection criteria are set forth (in italics) in Section 1216(b)(4) of TEA-21 as amended by Section 1411(c)(1) of the FAST Act: A. The State is unable to reconstruct or rehabilitate the proposed toll facility using existing apportionments. Because Federal-aid formula apportionments can support municipal bond issues (i.e., GARVEEs), the State must demonstrate that toll revenue financing (whether through the TIFIA Program or another capital market source) is essential to raising the needed funds. This information should be provided in the Financial Analysis section of the application. B. The facility has a sufficient intensity of use, age, or condition to warrant the collection of tolls. A State should use its asset management process or life cycle planning analysis to support this criterion. This effort should include conducting a performance gap analysis to identify deficiencies hindering progress toward improving or preserving the facility and achieving and sustaining the desired state of good repair. The FHWA will give preference to a facilities with a greater gap between current/projected and target performance. This information should be provided in the Project Description section of the application. C. The State plan for implementing tolls on the facility takes into account the interests of local, regional, and Interstate travelers. The FHWA will give preference to candidate projects that have already been considered for tolling as a strategy in their State and MPO long-range plans, which should also take into account the impact of tolling on local, regional, and Interstate freight movement. This information should be provided in the Facility Management Plan section of the application. D. The State plan for reconstruction or rehabilitation of the facility using toll revenues is reasonable. A reasonable plan will balance the estimated sources and uses of funds in accordance with the requirements on toll revenue use set forth in Section 1216(b)(5) of TEA-21. Likewise, the estimated cost of the candidate project must be matched by a financial plan that includes traffic and revenue projections sufficient to secure the needed debt component. This information should be provided in the Facility Management Plan section of the application. E. The State has given preference to the use of a public toll agency with demonstrated capability to build, operate, and maintain a toll expressway system meeting criteria for the Interstate System. Should a State determine that its public toll agencies lack the capability or resources to take on the candidate project, a public- private partnership may well provide a viable alternative. This information should be provided in the Facility Management Plan section of the application. F. The State has the authority required for the project to proceed. The lack of such authority has previously prevented provisionally approved projects from fully satisfying the program criteria. The FHWA will give preference to candidate projects that have already obtained statutory authority to toll the candidate project or, lacking that, demonstrate the likelihood of obtaining the authority to toll the candidate project as evidenced by expressions of support for the project from State and local governments, community interests, and the public. The FHWA will also give preference to candidate projects that demonstrate the likelihood of completing the environmental review and permitting process under the NEPA within 3 years of provisional approval. This information should be provided in the Facility Management Plan section of the application. F. Requirements for Provisionally Approved Projects Should FHWA provisionally approve a candidate project, a State will have 3 years from the date the provisional approval is granted in which to:Submit a complete application that fully satisfies the eligibility and selection criteria noted above [1216(b)(6)(A)(i)]. Complete environmental review and permitting process under the National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et seq.) for the project [1216(b)(6)(A)(ii)]. Execute a toll agreement [1216(b)(6)(A)(iii)]. Further, FHWA may allow for a 1-year extension of the provisional approval if the State demonstrates material progress toward implementation of the project as evidenced by: Substantial progress in completing the environmental review and permitting process for the pilot project under NEPA [1216(b)(6)(B)(i)]. Funding and financing commitments for the project [1216(b)(6)(B)(ii)]. Expressions of support for the project from State and local governments, community interests, and the public [1216(b)(6)(B)(iii)]. Submission of a facility management plan as noted under the eligibility criteria above [1216(b)(6)(B)(iv)]. Given the extensive State DOT and FHWA collaboration needed to implement a project under the ISRRPP, FHWA will regularly assess the progress of each provisionally approved project. Should it become evident that the project will not meet the statutory deadline, FHWA reserves the right to revoke the provisional approval prior to the deadline and re-offer the program slot to other State DOTs. Issued on: September 24, 2018. Brandye L. Hendrickson, Deputy Administrator, Federal Highway Administration. [FR Doc. 2018-21340 Filed 10-1-18; 8:45 am] BILLING CODE 4910-22-P
![49624 Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Notices
9. Project Sponsor and Facility: Township, Luzerne County, Pa. years. The FHWA will conduct regular
Repsol Oil & Gas USA, LLC Application for groundwater information sessions regarding ISRRPP.
(Susquehanna River), Terry Township, withdrawal of up to 0.124 mgd (30-day Regular program updates will be
Bradford County, Pa. Renewal of surface average) from Beech Mountain Well 3. available as to how many provisional
water withdrawal of up to 1.500 mgd slots are available. For more
Project Application Withdrawn
(peak day) (Docket No. 20140909). information, please visit: https://
10. Project Sponsor and Facility: The following project application was www.fhwa.dot.gov/ipd/tolling_and_
Repsol Oil & Gas USA, LLC withdrawn by the project sponsor: pricing/.
(Wappasening Creek), Windham 1. Project Sponsor and Facility: FOR FURTHER INFORMATION CONTACT: For
Township, Bradford County, Pa. Eclipse Resources-PA, LP (Pine Creek), questions about the pilot program: Ms.
Renewal of surface water withdrawal of Gaines Township, Tioga County, Pa. Cynthia Essenmacher, Center for
up to 0.999 mgd (peak day) (Docket No. Application for surface water Innovative Finance Support, Office of
20140910). withdrawal of up to 3.000 mgd (peak Innovative Program Delivery, Federal
11. Project Sponsor and Facility: day). Highway Administration, 315 West
SWEPI LP (Cowanesque River), Authority: Pub. L. 91–575, 84 Stat. 1509 et Allegan Street, Room 201, Lansing, MI
Deerfield Township, Tioga County, Pa. seq., 18 CFR parts 806, 807, and 808. 48933, (517) 702–1856. For legal
Modification to reduce surface water questions: Mr. Steven Rochlis, Office of
Dated: September 27, 2018.
withdrawal from 2.000 mgd to 1.000 the Chief Counsel, Federal Highway
Stephanie L. Richardson,
mgd (peak day) and reassess passby Administration, 1200 New Jersey
flow thresholds (Docket No. 20161218). Secretary to the Commission.
Avenue SE, Washington, DC 20590,
12. Project Sponsor and Facility: Togg [FR Doc. 2018–21416 Filed 10–1–18; 8:45 am] (202) 366–1395. Office hours are from
Mountain LLC, Town of Fabius, BILLING CODE 7040–01–P 8:00 a.m. to 4:30 p.m. E.T., Monday
Onondaga County, NY. Consumptive through Friday, except for Federal
use of up to 0.485 mgd (peak day). holidays.
13. Project Sponsor and Facility: Togg DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION:
Mountain LLC (West Branch of
Tioughnioga Creek), Town of Fabius, Federal Highway Administration Table of Contents
Onondaga County, NY. Surface water A. Program Description
withdrawal of up to 2.200 mgd (peak Fixing America’s Surface
B. Program Slots
day). Transportation (FAST) Act; Solicitation C. Eligibility Information
14. Project Sponsor and Facility: for Candidate Projects in the Interstate D. Submission Information
Towanda Municipal Authority, North System Reconstruction and E. Review Information
Towanda Township, Bradford County, Rehabilitation Pilot Program (ISRRPP) F. Requirements for Provisionally Approved
Pa. Groundwater withdrawal of up to Projects
AGENCY: Federal Highway
0.432 mgd (30-day average) from Church Administration (FHWA), U.S. A. Program Description
Production Well 1. Department of Transportation (DOT).
15. Project Sponsor and Facility: 1. Tolling Authority Under ISRRPP
ACTION: Notice; solicitation for
Towanda Municipal Authority, North The FAST Act Section 1411(c)
applications.
Towanda Township, Bradford County, amends ISRRPP authorized under
Pa. Groundwater withdrawal of up to SUMMARY: The FHWA invites State Section 1216(b) of the Transportation
1.000 mgd (30-day average) from transportation departments to submit Equity Act for the 21st Century (TEA–
Roberts Production Well 1. applications for candidate projects in 21). The ISRRPP allows a State to collect
16. Project Sponsor and Facility: the Interstate System Reconstruction tolls on a facility on the Interstate
Towanda Municipal Authority, North and Rehabilitation Pilot Program System in order to reconstruct or
Towanda Township, Bradford County, (ISRRPP), authorized in section 1216(b) rehabilitate an Interstate highway
Pa. Groundwater withdrawal of up to of the Transportation Equity Act for the corridor that could not otherwise be
1.000 mgd (30-day average) from 21st Century and amended by section adequately maintained or functionally
Roberts Production Well 2. 1411(c) of the Fixing America’s Surface improved without the collection of tolls.
Transportation (FAST) Act. Under Up to three facilities may participate in
Project Applications Tabled
ISRRPP, FHWA may permit up to three ISRRPP, and each must be
The Commission tabled action on the geographically located in a different
States to collect tolls on a facility on the
following project applications: State.
Interstate System for the purpose of
1. Project Sponsor: Aqua Since ISRRPP’s establishment in
reconstructing or rehabilitating
Pennsylvania, Inc. Project Facility: 1998, several States have requested and
Interstate highway corridors that could
Beech Mountain System, Butler received what FHWA has termed
not otherwise be adequately maintained
Township, Luzerne County, Pa. ‘‘provisional approval’’ of pilot projects,
or functionally improved without the
Application for groundwater also referred to as the reservation of a
collection of tolls. This notice describes
withdrawal of up to 0.144 mgd (30-day ‘‘program slot.’’ The purpose of this step
general program provisions, eligibility
average) from Beech Mountain Well 1. has been to enable States to invest the
2. Project Sponsor: Aqua and selection criteria, and the
application submission and evaluation considerable resources needed to fully
Pennsylvania, Inc. Project Facility: satisfy the program criteria, which are
Beech Mountain System, Butler process.
described below, without fear of being
amozie on DSK3GDR082PROD with NOTICES1
Township, Luzerne County, Pa. DATES: Applications will be considered superseded by a subsequent applicant.
Application for groundwater on a first-come, first serve rolling basis To date, however, no State has fully
withdrawal of up to 0.144 mgd (30-day until further notice. The FHWA will satisfied ISRRPP criteria.
average) from Beech Mountain Well 2. review submissions in the order that
3. Project Sponsor: Aqua they are received and award provisional 2. Other Interstate Tolling Authority
Pennsylvania, Inc. Project Facility: approvals to States that will be expected The ISRRPP is not the only authority
Beech Mountain System, Butler to fully satisfy ISRRPP criteria within 3 available to States to toll facilities on the
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regarding use of toll revenues, and the may not exceed 25 pages in length, revenues [1216(b)(3)(D)(ii)]. The plan
results of these audits will be excluding cover pages and table of should give extensive focus to the
transmitted to FHWA. contents. The only substantive portions development phase requirements,
The FHWA is concerned that the that may exceed the 25-page limit are including among its milestones the
initiation of new toll collection should supporting documents to support completion of NEPA, the acquisition of
not occur until it is evident to the assertions or conclusions made in the tolling authority from the legislature,
traveling public that tolls will result in 25-page project narrative. If necessary, and the issuance of any debt backed by
investment on the facility. Accordingly, FHWA may request supplemental or toll revenues.
the earliest that tolls may be imposed on clarifying information from the State. (c) A description of the public
an ISRRPP facility is the date of award The application should include transportation agency that will be
of a contract for the physical information required for FHWA to responsible for implementation and
reconstruction or rehabilitation of a assess each of the criteria specified in administration of the candidate project
significant portion of the facility. In the Section E (Review Information). The [1216(b)(3)(D)(iii)].
case of a design-build contract or State should demonstrate the (d) A description of whether
public-private partnership agreement, responsiveness of a project to any consideration will be given to
this would occur when a notice to pertinent selection criteria with the privatizing the maintenance and
proceed for the physical construction most relevant information it can operational aspects of the facility, while
has been issued or when the design- provide, regardless of whether such retaining legal and administrative
builder otherwise becomes contractually information has been specifically control of the portion of the Interstate
obligated to accomplish the physical requested, or identified, in this notice. route [1216(b)(3)(D)(iv)]. Note that
construction activities of the project. The application should describe all ISRRPP selection criteria require the
critical project milestones and the State to give preference to the use of a
3. Federal-Aid Requirements State’s current progress toward public toll agency with demonstrated
Regardless of whether Federal-aid achieving them. capability to build, operate and
funds are to be used in the The FHWA recommends that the maintain a toll expressway system
reconstruction or rehabilitation application adhere to the following meeting criteria for the Interstate System
activities, each ISRRPP project must basic outline and the project narrative [1216(b)(4)(E)].
satisfy the applicable Federal laws, rules include a table of contents, maps, and (e) A statement as to whether the State
and regulations set forth in title 23 graphics as appropriate to inform the currently has the authority required for
U.S.C. and title 23 Code of Federal review. The specific statutory references the toll project to proceed and, if not, a
Regulations. from Section 1216 of TEA–21 (as plan and timetable for when such
A State receiving provisional approval amended by Section 1411 of the FAST authority will be obtained
must complete the environmental Act) are noted in brackets after each [1216(b)(4)(F)].
review and permitting process under item:
(NEPA, 42 U.S.C. 4321 et seq.) for the i. Project Description: An 3. Submission Date
candidate project before it can receive identification of the facility on the A State DOT may submit an
final approval. The NEPA analysis must Interstate System proposed to become a application to its FHWA Division Office
take into account not only the impacts toll facility, including the age, at any time. Applications will be
of the proposed reconstruction or condition, and intensity of use of the considered on a first-come, first serve
rehabilitation activities but also facility [1216(b)(3)(A)]. rolling basis until further notice. States
consider impacts associated with ii. Metropolitan Planning are strongly encouraged to work closely
converting the toll-free facility to a toll Organization (MPO) Consultation: In the with their respective division offices
facility. case of a facility that affects a throughout the preparation of the
metropolitan area, a description of the application.
D. Submission Information State’s current consultations regarding
A State that seeks to participate in the the candidate project with that area’s E. Review Information
pilot program must submit an MPO established under 23 U.S.C. 134. 1. Review and Selection Process
application that addresses the program’s Full satisfaction of this eligibility
statutory eligibility and selection criteria requires an assurance that MPO The FHWA will perform an initial
criteria as described below. for the area has been consulted eligibility review of an application.
concerning the placement and amount Based on its knowledge of the proposed
1. Address project and the State’s highway
of tolls on the facility [1216(b)(3)(B)].
A State DOT must submit the iii. Financial Analysis: An analysis program, FHWA will evaluate the
application to its respective FHWA demonstrating that the facility could not project’s technical and financial
Division Office. Subsequent application be maintained or improved to meet feasibility, risks, planning approvals,
tasks will also be coordinated through current or future needs from the State’s NEPA and other environmental reviews/
the Division Office. Federal-aid apportionments and approvals, tolling authority, agreements
allocations and from revenues for to operate and maintain a toll
2. Content and Form of Application expressway system, and other
highways from any other source without
Although the State DOT may toll revenues [1216(b)(3)(C)]. implementation agreements.
determine the appropriate form, the iv. Facility Management Plan: The FHWA Headquarters evaluation
application package is limited to no (a) A plan for implementing tolls on team will use the information in the
amozie on DSK3GDR082PROD with NOTICES1
more than 25 pages. The FHWA the facility [1216(b)(3)(D)(i)]. Note that application to assess the State’s
recommends that the project narrative an approved plan must take into readiness and capability to fully satisfy
be prepared with standard formatting account the interests of local, regional, the ISRRPP criteria in order to deliver
preferences (i.e., a single-spaced and Interstate travelers [1216(b)(4)(C)]. the candidate project. Based upon this
document, using a standard 12-point (b) A proposed schedule and finance evaluation, FHWA may provide a
font such as Times New Roman, with plan for the reconstruction or provisional approval to the applicant
1-inch margins). The project narrative rehabilitation of the facility using toll State if it is expected to be able to fully
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![Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Notices 49627
satisfy the following selection criteria its public toll agencies lack the Given the extensive State DOT and
within 3 years. The selection criteria are capability or resources to take on the FHWA collaboration needed to
set forth (in italics) in Section 1216(b)(4) candidate project, a public-private implement a project under the ISRRPP,
of TEA–21 as amended by Section partnership may well provide a viable FHWA will regularly assess the progress
1411(c)(1) of the FAST Act: alternative. This information should be of each provisionally approved project.
A. The State is unable to reconstruct provided in the Facility Management Should it become evident that the
or rehabilitate the proposed toll facility Plan section of the application. project will not meet the statutory
using existing apportionments. Because F. The State has the authority deadline, FHWA reserves the right to
Federal-aid formula apportionments can required for the project to proceed. The revoke the provisional approval prior to
support municipal bond issues (i.e., lack of such authority has previously the deadline and re-offer the program
GARVEEs), the State must demonstrate prevented provisionally approved slot to other State DOTs.
that toll revenue financing (whether projects from fully satisfying the Issued on: September 24, 2018.
through the TIFIA Program or another program criteria. The FHWA will give Brandye L. Hendrickson,
capital market source) is essential to preference to candidate projects that
raising the needed funds. This Deputy Administrator, Federal Highway
have already obtained statutory Administration.
information should be provided in the authority to toll the candidate project or,
Financial Analysis section of the [FR Doc. 2018–21340 Filed 10–1–18; 8:45 am]
lacking that, demonstrate the likelihood
application. of obtaining the authority to toll the BILLING CODE 4910–22–P
B. The facility has a sufficient candidate project as evidenced by
intensity of use, age, or condition to expressions of support for the project
warrant the collection of tolls. A State DEPARTMENT OF TRANSPORTATION
from State and local governments,
should use its asset management community interests, and the public. Pipeline and Hazardous Materials
process or life cycle planning analysis to The FHWA will also give preference to Safety Administration
support this criterion. This effort should candidate projects that demonstrate the
include conducting a performance gap likelihood of completing the [Docket No. PHMSA–2018–0024; Notice No.
analysis to identify deficiencies 2018–11]
environmental review and permitting
hindering progress toward improving or process under the NEPA within 3 years
preserving the facility and achieving Hazardous Materials: Public Meeting
of provisional approval. This Notice for International Standards on
and sustaining the desired state of good information should be provided in the
repair. The FHWA will give preference the Transport of Dangerous Goods
Facility Management Plan section of the
to a facilities with a greater gap between application. AGENCY: Pipeline and Hazardous
current/projected and target Materials Safety Administration
performance. This information should F. Requirements for Provisionally (PHMSA), (DOT).
be provided in the Project Description Approved Projects
ACTION: Notice of public meetings.
section of the application. Should FHWA provisionally approve
C. The State plan for implementing a candidate project, a State will have 3 SUMMARY: This notice announces that on
tolls on the facility takes into account years from the date the provisional Tuesday, November 13, 2018, PHMSA
the interests of local, regional, and approval is granted in which to: will host two public meetings. The first
Interstate travelers. The FHWA will give • Submit a complete application that meeting—led by PHMSA—will solicit
preference to candidate projects that fully satisfies the eligibility and public input on current proposals and
have already been considered for tolling selection criteria noted above discuss potential new work items for
as a strategy in their State and MPO [1216(b)(6)(A)(i)]. inclusion in the agenda of the 54th
long-range plans, which should also • Complete environmental review session of the United Nations Sub-
take into account the impact of tolling and permitting process under the Committee of Experts on the Transport
on local, regional, and Interstate freight National Environmental Policy Act of of Dangerous Goods (UNSCOE TDG).
movement. This information should be 1969 (NEPA, 42 U.S.C. 4321 et seq.) for The second meeting—led by the
provided in the Facility Management the project [1216(b)(6)(A)(ii)]. Occupational Safety and Health
Plan section of the application. • Execute a toll agreement Administration (OSHA)—will discuss
D. The State plan for reconstruction [1216(b)(6)(A)(iii)]. proposals in preparation for the 36th
or rehabilitation of the facility using toll Further, FHWA may allow for a 1-year session of the United Nations Sub-
revenues is reasonable. A reasonable extension of the provisional approval if Committee of Experts on the Globally
plan will balance the estimated sources the State demonstrates material progress Harmonized System of Classification
and uses of funds in accordance with toward implementation of the project as and Labelling of Chemicals
the requirements on toll revenue use set evidenced by: (UNSCEGHS).
forth in Section 1216(b)(5) of TEA–21. • Substantial progress in completing Time and Location: Both public
Likewise, the estimated cost of the the environmental review and meetings will be held at DOT
candidate project must be matched by a permitting process for the pilot project Headquarters, 1200 New Jersey Avenue
financial plan that includes traffic and under NEPA [1216(b)(6)(B)(i)]. SE, West Building, Conference Center,
revenue projections sufficient to secure • Funding and financing Washington, DC 20590–0001 on
the needed debt component. This commitments for the project Tuesday, November 13, 2018.
information should be provided in the [1216(b)(6)(B)(ii)]. PHMSA Public Meeting: 9 a.m. to 12
Facility Management Plan section of the • Expressions of support for the p.m. Eastern Standard Time.
amozie on DSK3GDR082PROD with NOTICES1
application. project from State and local OSHA Public Meeting: 1 p.m. to 4
E. The State has given preference to governments, community interests, and p.m. Eastern Standard Time.
the use of a public toll agency with the public [1216(b)(6)(B)(iii)]. Registration: DOT requests that
demonstrated capability to build, • Submission of a facility attendees pre-register for these meetings
operate, and maintain a toll expressway management plan as noted under the by completing the form at https://
system meeting criteria for the Interstate eligibility criteria above www.surveymonkey.com/r/XGN8J7X.
System. Should a State determine that [1216(b)(6)(B)(iv)]. Attendees may use the same form to
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Document Created: 2018-10-02 01:19:40
Document Modified: 2018-10-02 01:19:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; solicitation for applications. | |
| Dates | Applications will be considered on a first-come, first serve rolling basis until further notice. The FHWA will review submissions in the order that they are received and award provisional approvals to States that will be expected to fully satisfy ISRRPP criteria within 3 years. The FHWA will conduct regular information sessions regarding ISRRPP. Regular program updates will be available as to how many provisional slots are available. For more information, please visit: https://www.fhwa.dot.gov/ipd/tolling_and_pricing/. | |
| Contact | For questions about the pilot program: Ms. Cynthia Essenmacher, Center for Innovative Finance Support, Office of Innovative Program Delivery, Federal Highway Administration, 315 West Allegan Street, 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 Citation | 83 FR 49624 |
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