![](media/image1.png){width="0.5145833333333333in"
height="0.4576388888888889in"} **Memorandum**

U.S. Department

of Transportation

**Federal Highway**

**Administration**

Subject: **[ACTION]{.underline}**: Missouri -- Interstate System
Reconstruction and Date: July 26, 2005

Rehabilitation Pilot Program (IRRP) - TEA-21 Section 1216(b)

Candidate Application Conditional Provisional Approval

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From: Dwight A. Horne Reply to

Director, Office of Program Administration Attn. of: HIPA-10

To: Mr. Allen Masuda

Division Administrator

Jefferson City, Missouri

This memorandum is in response to the Missouri Department of
Transportation's (MoDOT) application for a slot in the toll pilot
program under TEA-21, Section 1216(b). At this time, MoDOT's application
does not contain all of the information required for a full provisional
acceptance under Phase I of the application process as specified by our
published guidance in the *Federal Register,* 64 Fed. Reg. 6734 (1999).
However, as indicated in that guidance, the purpose for requiring a
Phase I approval was to establish a process for evaluating and choosing
three applications for participation in the 1216(b) pilot program. The
three applications chosen under Phase I will be given a \"provisional
acceptance\" and receive our approval to move forward with the NEPA
process for the project. Since there are still outstanding issues to
resolve under the Phase I application process, we are approving MoDOT's
application and granting them a "conditional provisional" acceptance.
Under this \"conditional provisional\" acceptance, we are agreeing to
reserve one of the three pilot slots for Missouri\'s I-70 toll project
and allow Missouri to proceed to Phase II of the process with the
expectation that MoDOT will complete all remaining Phase I requirements
before we give our final approval. Also, the Division Office needs to
clarify Missouri\'s tolling authority status before proceeding with
further development of this project.

Upon environmental clearance (which would include evaluation of the
impacts of tolling), the facility segments will become eligible to be
considered for final approval under the pilot program, provided all
other provisions have been satisfactorily addressed. Additional tolling
segments or collection points may be added once environmental clearances
are obtained.

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height="0.6423611111111112in"}

2

This "conditional provisional" acceptance of I-70 as one of the pilot
facilities is based on the assumption that a satisfactory timeline for
subsequent actions will be developed, the proposal continues to advance
in a timely manner, that the \"program term\" as described in TEA-21
Section 1216(b)(7) will be agreed to between FHWA and MoDOT,
environmental clearances are appropriately obtained, subsequently an
agreement is entered between MoDOT and FHWA under the provisions of
TEA-21 Section 1216(b)(5). This agreement, which must be executed prior
to the FHWA\'s final approval to toll any portion or segment of the
candidate facility, must provide for regular audits and that any 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 prior to tolling. This agreement is to be coordinated with the
Office of Program Administration (HIPA-10) and the Office of Chief
Counsel (HCC-30).

Additionally, Section 1216(b)(6) of TEA-21 requires a limitation on the
use of Interstate Maintenance (IM) funds during the term of the pilot
program. Funds apportioned for IM under Section 104(b)(4) of Title 23,
United States Code, may not be used on any segment being tolled. The IM
restriction would apply to general lanes as well as any special purpose
lanes, while tolls are being collected under the pilot program.

Please feel free to contact Greg Wolf, of my staff at (202) 366-4655,
should you have any questions or concerns about the approval contained
in this memorandum.

FHWA:HIPA:GWolf:64655

W:\\HIPA-10\\05\\050516 Toll Pilot MO.doc

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cc:

HIF (King Gee) HIPA-1 (Horne) HIPA-1 (Seabron/Reader) HIPA-10 (Barone)

HIPA-10 (Beidel) HIPA-10 (Wolf) HABF (Inman) HCC (Harkins)

HCC (Aikens) HIPA-20 (Schlicht) HIPA-30 (Barry)

FHEP (Skaer) FHEP (Smith, Lamar) HPTS (DeCorla-Souza)

HDA-MO (Masuda)