77862 Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices 

1The suggested policy principles are as follows: 

(1) Metropolitan areas and states should have 

greater latitude to use roadway tolling; (2) Tolling 

should be a supplement to and not a substitution 

for existing transportation funding; (3) Local 

sponsors should have the discretion to fund public 

transportation with toll revenues; and (4) Tolling 

should be permitted as a long-term strategy. 

Seventh meeting held on 23–24 

October 2006, RTCA Paper No. 

279–06/SC204–019. 

• EUROCAE ELT Status. 

• Committee Presentations, 

Discussion, Recommendations. 

• Revisions/Updates to DO–204–

Minimum Operational Performance 

Standards for 406 MHz Emergency 

Locator Transmitters (ELT). 

• Any New Items Discussions. 

• PLBs. 

• Closing Session (Other Business, 

Assignment/Review of Future 

Work, Date and Place of Next 

Meeting, Closing Remarks, 

Adjourn). 

Attendance is open to the interested 

public but limited to space availability. 

With the approval of the chairmen, 

members of the public may present oral 

statements at the meeting. Persons 

wishing to present statements or obtain 

information should contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. Members of the public 

may present a written statement to the 

committee at any time. 

Issued in Washington, DC, on December 

19, 2006. 

Francisco Estrada C., 

RTCA Advisory Committee. 

[FR Doc. 06–9861 Filed 12–16–06; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket No. FTA–2006–25750] 

Final Policy Statement on When HighOccupancy Vehicle (HOV) Lanes 

Converted to High-Occupancy/Toll 

(HOT) Lanes Shall Be Classified as 

Fixed Guideway Miles for FTA’s 

Funding Formulas and When HOT 

Lanes Shall Not Be Classified as Fixed 

Guideway Miles for FTA’s Funding 

Formulas 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Final policy statement. 

SUMMARY: This Final Policy Statement 

describes the terms and conditions on 

which the Federal Transit 

Administration (FTA) will classify 

High-Occupancy Vehicle (HOV) lanes 

that are converted to High-Occupancy/ 

Toll (HOT) lanes as ‘‘fixed guideway 

miles’’ for purposes of the transit 

funding formulas administered by FTA. 

The Final Policy Statement also 

describes when HOT lanes shall not be 

classfied as fixed guideway miles in 

FTA’s funding formulas. 

DATES: Effective Date: The effective data 

of this Final Policy Statement is January 

1, 2007. 

ADDRESSES: Availability of the Final 

Policy Statement and Comments: Copies 

of this Final Policy Statement and 

comments and material received frot he 

public, as well as any documents 

indicated in the preamble as being 

available in the docket, are part of 

docket number FTA–2006–25750. For 

access to the DOT docket, please go to 

http://dms.dot.gov at any time or to the 

Docket Management System facility, 

U.S. Department of Transportation, 

Room PL–401 on the plaza level of the 

Nassif Building, 400 Seventh Street, 

SW., Washington , DC, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

David B. Horner, Esq., Chief Counsel, 

Federal Transit Administration, 400 

Seventh Street, SW., Washington, DC 

20590–0001, (202) 366–4040, 

david.horner@dot.gov or Robert J. 

Tuccillo, Associate Administrator, 

Office of Budget & Policy, Federal 

Transit Administration, 400 Seventh 

Street, SW., Washington, DC 20590–

0001, (202) 366–4050, 

robert.tuccillo@dot.gov. Office hours are 

from 8:30 a.. to 5 p.m., Monday through 

Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 7, 2006, the Federal 

Transit Administration (FTA) published 

in the Federal Register a proposed 

Policy Statement on When Highoccupancy Vehicle (HOV) Lanes 

Converted to High-Occupancy/Toll 

(HOT) Lanes Shall Be Classified as 

Fixed Guideway Miles for FTA’s 

Funding Formulas and When Hot Lanes 

Shall Not Be Classified as Fixed 

Guideway Miles for FTA’S Funding 

Formulas and When HOT Lanes Shall 

Not Be Classified as Fixed Guideway 

Miles for FTA’s Funding Formulas 

(Notice of Proposed Policy) (71 FR 

528490). In its Notice of Proposed 

Policy, FTA proposed the following 

terms and conditions on which it would 

classify HOV lanes that are converted to 

HOT lanes as ‘‘fixed guideway miles’’

for purposes of the transit funding 

formulas administered by FTA: 

FTA would classify HOT lanes as ‘‘fixed 

guideway miles’’ for purposes of the funding 

formulas administered under 49 U.S.C. 5307 

and 49 U.S.C. 5309, so long as each of the 

following conditions is satisfied: (i) The HOT 

lanes were previously HOV lanes reported in 

the National Transit Databased as ‘‘fixed 

guideway miles’’ for purposes of the funding 

formulas administered by FTA under 49 

U.S.C. 5307 and 49 U.S.C. 5309; (ii) The HOT 

lanes are continuously monitored and 

continue to meet performance standards that 

preserve free flow traffic conditions as 

specified in 23 U.S.C. 166(d); and (iii) 

Program income from the HOT lane facility, 

including all toll revenue, is used solely for 

‘permissible uses.’

In its Notice of Proposed Policy, FTA 

also discussed whether it would require 

certain transit and tolling policies with 

respect to HOT lanes classified as fixed 

guideway miles, and whether FTA 

would require the return of funds made 

available under Full Funding Grant 

Agreements made available for the 

construction of HOV lanes that have 

later converted to HOT lanes in 

accordance with this Final Policy 

Statement. 

34 parties submitted comments in 

response to FTA’s Notice of Proposed 

Policy. FTA hereby responds to these 

comments by topic and in the folllowing 

order: (a) Policy Statement Generally; 

(b) HOT Lanes as ‘‘Fixed Guideway 

Miles’’; (c) Monitoring and Performance 

Standards; (d) Program Income and Toll 

Revenues; (e) Transit Fares and Tolls; (f) 

Return of Funds under Full Funding 

Grant Agreements; and (g) 

Miscellaneous Comments. 

(a) Policy Statement Generally 

The intended purpose of the Proposed 

Statement of Policy was to ensure that 

Federal transit funding for congested 

urban areas is not decreased when HOV 

facilitates are converted to variablypriced HOT lanes. The proposed policy 

also suggested a uniform approach by 

the Department of Transportation’s (the 

Department’s) operating agencies 

concerning HOV-to-HOT conversions, 

and supported the Department’s policy 

of encouraging HOV-to-HOT 

conversions. Eight commenters agreed 

generally with FTA’s Notice of Proposed 

Policy, Six parties submitted general 

comments. Four commenters asked FTA 

to defer its final policy determination 

until the impacts are more apparent. 

One commenter articulated four policy 

principles that discuss ways to integrate 

transit into toll roads and HOT lanes.1

Another commenter stated that one of 

FTA’s top priorities in developing this 

policy statement should be to foster an 

increase in alternative transportation 

ridership, whether that alternative is 

carpool, transit, or other shared-mode, 

and suggested four ways this policy 


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Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices 77863 

2The four suggestions on how FTA’s policy 

statement could foster alternative transportation 

ridership are as follows: (1) The policy statement 

should support transportation demand management 

and HOV usage; (2) Greater emphasis on 

enforcement should be considered; (3) FTA should 

tie fixed guideway qualification to integrity of lane; 

and (4) FTA should emphasize language at 23 

U.S.C. 166(c)(3), which section requests that States, 

in the use of toll revenues, give priority 

consideration to projects for developing alternatives 

to single occupancy vehicle and projects for 

improving highway safety. 

statement could better support this 

end.2

FTA Response: The commenters that 

ask FTA to defer its final policy 

determination until the impacts are 

more apparent appear to misunderstand 

the scope of FTA’s Notice of Proposed 

Policy FTA’s HOV-to-HOT policy will 

not result in all HOT lane facilities 

being classified as ‘‘fixed guideway 

miles’’ for purposes of FTA’s funding 

formulas. Rather, only those HOT lane 

facilities converted from HOV lanes that 

have been previously classified as 

‘‘fixed guideway miles’’ shall qualify for 

continued classification as such, subject 

to the conditions set forth in this Final 

Policy Statement. 

FTA recognizes the four policy 

principles summarized at footnote (1) 

and responds by reminding the 

commenter that without this Final 

Policy Statement transit formula 

funding for congested urban areas 

would decrease if existing HOV 

facilities were converted to variablypriced HOT lanes. For this reason, FTA 

believes that this policy statement (1) 

Gives states greater latitude to use 

tolling without negatively impacting 

available transit resources; (2) enhances 

existing transportation funding through 

the collection of toll revenues; (3) grants 

project sponsors discretion to use toll 

revenues for any ‘‘permissible use’’; and 

(4) encourages variably-priced HOT 

lanes as a long-term strategy consistent 

with the policy of the Department. 

In response to the commenter that 

believes FTA should consider fostering 

an increase in alternative transportation 

ridership as one of its top priorities in 

developing this guidance, FTA 

reemphasizes its primary in drafting this 

guidancelto ensure that Federal transit 

funding for congested urban areas is not 

decreased when existing HOV facilities 

are converted to HOT lanes. FTA 

responds to the commenter’s four 

suggestions summarized at footnote (2) 

in turn with respect to the first 

suggestion, this policy statement 

supports HOV usage, but recognizes that 

many HOV facilities are underutilized; 

the ability of HOT lanes to introduce 

additional traffic to existing HOV 

facilities, while using pricing and other 

management techniques to control the 

number of additional motorists, 

maintain high service levels and 

provide new revenue, make HOT lanes 

an effective means of reducing 

congestion and improving mobility. 

With respect to the second and third 

suggestions, FTA will rely on the 

management, operation, monitoring and 

enforcement provisions of 23 U.S.C. 

166(d). with respect to the fourth 

suggestions, this guidance does not 

modify or enhance language at 23 U.S.C. 

166(c)(3). 

Accordingly, FTA adopts as final the 

general provisions of its Notice of 

Proposed Policy. 

(b) HOT Lanes Were Previously HOV 

lanes reported in the National Transit 

Database as ‘‘Fixed Guideway Miles’’

In its Notice of Proposed Policy, FTA 

requested comments on its proposal to 

classify HOT lanes as ‘‘fixed guideway 

miles’’ for purposes of the funding 

formulas administered under 49 U.S.C. 

5307 and 49 U.S.C. 5309, so long as 

each of three conditions is satisfied. The 

first condition is that the HOT lanes 

were previously HOV lanes reported in 

the National Transit Database as ‘‘fixed 

guideway miles’’ for purposes of the 

funding formulas administered by FTA 

under 49 U.S.C. 5307 and 49 U.S.C. 

5309. FTA received thirty five 

comments on this condition, with some 

parties offering multiple comments. 

Eight commenters favored FTA’s 

proposed policy to classify HOT lanes 

as ‘‘fixed guideway miles‘‘ for purposes 

of the funding formulas administered by 

FTA so long as each of three conditions 

is satisfied. Eighteen commenters asked 

FTA to expand its policy to classify all 

lanes as ‘‘fixed guideway miles0z4 for 

purposes of the funding formulas 

administered by FTA, regardless of 

whether the HOT lane facility is newly 

constructed or was converted from an 

existing HOV facility. Seven 

commenters asked FTA not to fund 

HOT lane facilities at a level that would 

dilute the pool of transit funding 

available for existing ‘‘fixed guideway’’

facilities. Two commenters proposed 

that FTA require converted HOV lanes 

to have operated as HOV lanes for seven 

years prior to conversion to HOT lanes 

and before FTA would classify them as 

‘‘fixed guideway miles’’ for purposes of 

its funding formulas. 

FTA Response: FTA recognizes that 

all HOT lanes provide similar benefits 

to metropolitan areas that are 

experiencing severe and worsening 

congestion, regardless of whether the 

facility is newly constructed or 

converted from HOV or general purpose 

lanes. However, the purpose of this 

policy statement is to ensure that 

Federal transit funding for congested 

urban areas is not decreased when 

existing HOV facilities are converted to 

variably-priced HOT lanes in an effort 

by localities to reduce congestion, 

improve air quality, or maximize 

throughput using excess HOV lane 

capacity and to promote a uniform 

approach by the Department’s operating 

agencies concerning HOV-to-HOT 

conversions. If FTA were to classify all 

HOT lanes as ‘‘fixed guideway mile’’

without a commensurate increase in 

overall funding levels, it could 

negatively impact the ability of many 

transit operators to finance needed 

capital maintenance on existing 

infrastructure. For this reason, FTA 

limited the scope of this policy 

statement to classify as ‘‘fixed guideway 

miles’’ only those HOT lane facilities 

that are converted from HOV lanes that 

previously have been classified as 

‘‘fixed guideway miles.’’ In this way, 

FTA will ensure that Federal transit 

funding for congested urban areas is not 

decreased when existing HOV facilities 

are converted to variably-priced HOT 

lanes. FTA believes it appropriate to 

leave for Congress, and not to determine 

on an administrative basis, the question 

of whether and on what terms facilities 

newly constructed as HOT lanes or 

general purpose lanes converted directly 

to HOT lanes shall be classified as 

‘‘fixed guideway miles’’ given the 

substantial reallocation of formula funds 

among transit authorities that might 

result over time if such facilities were 

classified as ‘‘fixed guideway miles.’’

FTA has added the following 

language by footnote to section (b)(1) of 

its Final Statement of Policy in response 

to the recommendation that FTA require 

HOV lanes to have operated as HOV 

lanes for seven years before they may be 

converted to HOT lanes and remain 

classified as ‘‘fixed guideway miles:’’

FTA apportions amounts made available 

for fixed guideway modernization under 49 

U.S.C. 5309 pursuant to fixed guideway 

factors detailed at 49 U.S.C. 5337. One of 

these fixed guideway factors, located at 49 

U.S.C. 5337(a)(5)(B), apportions a percentage 

of the available fixed guideway 

modernization funds to ‘fixed guideway 

systems placed in revenue service at least 7 

years before the fiscal year in which amounts 

are made available.’ For purposes of 49 

U.S.C. 5337(a)(5)(B), (i) no HOV facility that 

has been in revenue service at least 7 years 

shall forfeit its eligibility for fixed guideway 

modernization funds because it is converted 

to a HOT lane facility in accordance with this 

Final Policy Statement; and (ii) no HOV 

facility that has been in revenue service for 

less than seven years shall forfeit the years 

it has accrued thereunder because it is 

converted to a HOT lane facility and for so 


jlentini on PROD1PC65 with NOTICES
77864 Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices 

long as the HOT lane facility maintains its 

✖fixed guideway’’ classification in 

accordance with this policy statement, it 

shall continue to accrue years thereunder. 

Accordingly, FTA will not require 

that converted HOV lanes operate as 

HOV lanes for seven years before they 

may be converted to HOT lanes and 

remain classified as ‘‘fixed guideway 

miles’’ Pursuant to this Final Policy 

Statement. 

(c) Monitoring and Performance 

Standards 

In its Notice of Proposed Policy, FTA 

requested comments on its proposal to 

classify HOT lanes as ‘‘fixed guideway 

miles’’ for purposes of the funding 

formulas administered under 49 U.S.C. 

5307 and 49 U.S.C. 5309, so long as 

each of three conditions is satisfied. The 

second condition is that the HOT lanes 

are continuously monitored and 

continue to meet performance standards 

that preserve free flow traffic conditions 

as specified in 23 U.S.C. 166(d). FTA 

received twenty comments on this topic. 

Four commenters favored FTA’s 

proposed position. Seven commenters 

proposed that FTA require a minimum 

level of transit service on a HOT land 

facility before its lanes could be 

classified as ‘‘fixed guideway miles’’ for 

purposes of the funding formulas 

administered by FTS. Five commenters 

requested that FTA adopt more exacting 

performance standards. One commenter 

requested that FTA state explicitly that 

local agencies may increase HOV 

occupancy levels as necessary to ensure 

free-flow conditions needed for transit 

bus service. Another commenter asked 

FTA to amend its policy to state that 

single occupant vehicles may be 

permitted on HOT lanes that are 

classified as ‘‘guideway miles,’’

provided that the lanes satisfy the 

conditions set forth FTA’s Final Policy 

Statement. One commenter requested 

that FTA acknowledge that compliance 

with state law governing performance 

standards for HOT lanes suffices in 

terms of meeting the condition that the 

HOT lanes are continuously monitored 

and continue to meet performance 

standards that preserve free fow traffic 

conditions as specified in 23 U.S.C. 

166(d). One commenter asked FTA to 

require a study on degradation of transit 

service before an HOV facility may 

convert to a HOT lane facility and be 

classified as ‘‘fixed guideway miles’’ for 

purposes of funding formulas 

administered by FTA. 

FTA Response: A number of 

commenters recommend a more 

exacting performance standard, 

including a minimum level of transit 

service. FTA recognizes that a more 

exacting standard would be necessary if 

all HOT land facilities were eligible for 

classification as ‘‘fixed guideway 

miles,’’ for under this scenario rural or 

suburban HOT lane facilities with little 

or no transit service could receive a 

portion of the Federal transit funds 

needed by the Nation’s largest transit 

providers to maintain their current 

infrastructure. For this reason, FTA has 

limited the benefits of this policy to 

HOV lanes that have already been 

classified as ‘‘fixed guideway miles.’’

Current designation as a ‘‘fixed 

guideway mile’’ indicates that a facility 

has a minimum level of transit service. 

FTA believes that compliance with the 

performance standards codified at 23 

U.S.C. 166(d) is sufficient to ensure free 

flow traffic conditions and to avoid 

degradation of transit service on these 

facilities when converted from HOV 

lanes to HOT lane facilities. Moreover, 

HOV facilities constructed using capital 

funds available under 49 U.S.C. 5309(d) 

and (e) could be required, when an HOV 

facility converts to a HOT lane facility, 

to achieve a higher performance 

standard than required under 23 U.S.C. 

166(d). In all circumstances, FTA shall 

require real-time monitoring of traffic 

flows to ensure on-going compliance 

with 23 U.S.C. 166(d). 

FTA will not acknowledge that 

compliance with state law governing 

HOT land performance standards will 

satisfy FTA’s requirements in all 

circumstances. Rather, FTA shall 

require all HOT land facilities to comply 

with the statutory requirements of 23 

U.S.C. 166 to be classified as ‘‘fixed 

guideway miles’’ for purposes of FTA’s 

funding formulas. It may be the case 

that the laws of certain states require a 

higher level of performance than the 

Federal standard articulated here. In 

these instances, the lesser Federal 

standard should present no obstacle to 

HOT conversion. 

With respect to the request that FTA 

require a study on the degradation of 

transit service before an HOV facility 

may convert to a HOT facility, FTA (i) 

believes that compliance with the free 

flow traffic requirements of 23 U.S.C. 

166 is sufficient to avoid the 

degradation of transit service on these 

facilities and (ii) will not require that 

project sponsors incur the additional 

expense of a formal study on the 

degradation of transit service. 

(d) Program Income and Toll Revenues 

In its Notice of Proposed Policy, FTA 

requested comments on its proposal to 

classify HOT lanes as ‘‘fixed guideway 

miles’’ for purposes of the funding 

formulas administered under 49 U.S.C. 

5307 and 49 U.S.C. 5309, so long as 

each of three conditions is satisfied. The 

third condition is that program income 

from the HOT lane facility, including all 

toll revenue, is used solely for 

‘‘permissible uses.’’ FTA received 

twenty five comments on this condition. 

Five commenters favored FTA’s 

proposed policy. Seven commenters 

requested that FTA expressly state in its 

final policy that grantees may use toll 

revenues for transit operating costs. 

Four commenters stated that FTA funds 

should not be used for the maintenance 

and/or construction of HOT lane 

facilities. Four commenters asked that 

FTA require all Federal transit funds 

generated by HOT lane facilities because 

of their classification as ‘‘fixed 

guideway miles’’ be directed to the 

‘‘designated receipt’’ for Federal transit 

funding. Three commenters stated that 

FTA should not permit the operators of 

HOT lane facilities to finance a HOT 

lane facility’s operating losses with 

Federal funds generated by the facility’s 

operating losses with Federal funds 

generated by the facility’s classification 

as ‘‘fixed guideway miles.’’ One 

commenter asked that FTA not limit the 

use of HOT lane toll revenues to transit. 

Another commenter asked FTA to 

require that priority of payment be 

provided for in the project 

implementation documents. 

FTA Response: Based on the 

recommendation of several commenters 

that FTA expressly state that grantees 

may use toll revenues for transit 

operating costs, and pursuant to CFR 

18.25, which states that FTA ‘‘grantees 

may retain program income for 

allowable capital or operating 

expenses,’’ FTA as added transit 

operating costs to its description of 

‘‘permissible uses’’ at section (iii)(b) of 

its Final Policy Statement. 

FTA disagrees with the comment that 

its grantees should not use Federal 

transit funds for the maintenance and/ 

or construction of HOT lane facilities. 

The commenter did not indicate 

whether it referred to the use of grant 

funds or program income. While FTA 

recognizes both HOV and HOT lanes as 

permissible incidental uses of FTAfunded assets, FTA grant funds shall not 

be used to construct a HOT lane facility 

beyond what is allowed by 49 U.S.C. 

5302(a)(4), as implemented by FTA’s 

regulations, as amended from time to 

time.3 Any facility that converts from an 

HOV to a HOT facility, and retains its 

classification as a ‘‘fixed guideway’’ by 

satisfying the conditions of this policy 

statement, may use program income in 

accordance with this Final Policy 

Statement, the Department’s regulation 

at 49 CFR 18.25, and other applicable 

statutes, regulations and requirements. 


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Similarly, FTA disagrees with the 

comment that it should limit the use of 

HOT lane toll revenues to transit. In 

many cases, a HOT lane facility may 

have received (or receives) funding from 

FTA and another Federal agency, such 

that use of the facility’s program income 

is governed by more than one Federal 

program. In these instance, FTA’s 

restrictions concerning permissible use 

shall not apply to more than transit’s 

allocable share of the facility’s program 

income, as described elsewhere in this 

Final Policy Statement. FTA will not 

require recipients to assign priority in 

payment to any permissible use. 

Federal transit law requires FTA to 

disburse certain funds to the designated 

recipient. The designated recipient for 

FTA formula funds shall not be changed 

because the grantee converted an HOV 

facility to a HOT facility, so long as the 

facility maintains its classification as a 

‘‘fixed guideway’’ by satisfying the 

conditions of this Final Policy 

Statement. FTA shall not prevent such 

designated recipients from using the 

funds for eligible activities in 

accordance with the process for 

programming transit funds described at 

23 CFR 450.324(1) of the joint FTA–

FHWA planning regulations. 

(e) Transit Fares and Tolls 

In its Notice of Proposed Policy, FTA 

requested comments on transit fares and 

tolls on HOT lane facilities. FTA stated 

that it would not condition the receipt 

of Federal transit funds by a qualifying 

HOT lane facility on the tolling 

authority’s adoption of policies 

concerning the price of transit services 

on the HOT lane facility or the tolls 

payable by single occupant vehicles. 

FTA would allow grantees and tolling 

authorities to develop their own fare 

structures for transit services and tools 

on HOT lane facilities. FTA received 

sixteen comments on this topic. Without 

further comment, five commenters 

agreed with FTA’s proposed policy not 

to regulate toll prices. Ten commenters 

stated that transit vehicles should be 

exempt from tolls charged on federallyfunded HOT lane facilities for its lanes 

to be classified as ‘‘fixed guideway 

miles’’ for purposes of the funding 

formulas administered by FTA. One 

commenter asked FTA to require that 

transit fares and tolls remain 

competitive. 

FTA Response: Federal transit law 

prohibits FTA from regulating the 

‘‘rates, fares, tolls, rentals, or other 

charges prescribed by any provider of 

public transportation.’’ 49 U.S.C. 

5334(b)(1). Accordingly, FTA shall not 

condition the receipt of Federal transit 

funds by a qualifying HOT lane facility 

on the tolling authority’s adoption of 

policies concerning the price of transit 

services on the HOT lane facility or the 

tolls payable by single occupant 

vehicles. FTA will allow grantees and 

tolling authorities to develop their own 

fare structures for transit services and 

tolls, respectively, on HOT lane 

facilities. Transit fares shall remain 

subject to 49 U.S.C. 5332 

(Nondiscrimination) and 49 U.S.C. 5307 

(Urbanized area formula grants). 

(f) Return of Funds under Full Funding 

Grant Agreements 

In its Notice of Proposed Policy, FTA 

requested comments on its proposed 

policy that, in the event that an HOV 

facility is converted to a HOT facility 

and the HOV facility has received funds 

through FTA’s New Starts program, FTA 

would not require the grantee to return 

such funds so long as the facility 

complied with the conditions set forth 

in the Notice of Proposed Policy. FTA 

received one comment on this topic. 

The commenter expressed concern that, 

when the grantee is not also the tolling 

authority, the tolling authority may 

make business decisions contrary to the 

interest of the grantee/transit provider, 

thus forcing the grantee/transit provider 

to repay New Starts funding to FTA. 

FTA Response: It appears that the 

commenter misunderstands the scope of 

FTA’s proposed policy, which states 

that ‘‘in the event that an HOV facility 

is converted to a HOT facility and the 

HOV facility has received funds through 

FTA’s New Starts program, FTA would 

not require the grantee to return such 

funds so long as the facility complied 

with the conditions set forth in this 

guidance.’’ If a grantee wishes to convert 

an existing HOV facility to a HOT lane 

facility and maintain the classification 

of its facility as a ‘‘fixed guideway for 

purposes of FTA’s funding formulas, it 

must comply with the conditions set 

forth in this Final Policy Statement. To 

the extent that the facility is subject to 

a Full Funding Grant Agreement, the 

grantee is obligated to abide by the 

requirements thereof, just as it is bound 

to any other contractual or legal 

obligation.’’

(g) Miscellaneous Comments 

FTA received seven miscellaneous 

comments in response to its Notice of 

Proposed Policy. One commenter asked 

FTA to address a circumstance where a 

previously eligible HOV lane (or a 

portion of an HOV lane) is temporarily 

or permanently taken out of service in 

order to be reconstructed and expanded 

into an improved HOT lane facility in 

the same corridor. A second commenter 

requested that FTA indicate whether it 

would classify as ‘‘fixed guideway 

miles’’ bus-only shoulders converted to 

HOT lanes when the bus-only shoulders 

are currently classified as ‘‘fixed 

guideway miles.’’ Another commenter 

asked FTA to clarify its policy with 

respect to variable-priced express lanes. 

Two commenters asked FTA to require 

coordination between privately operated 

HOT lane facilities and public 

transportation agencies. One commenter 

asked FTA to connect this policy with 

transit supportive land use. And another 

commenter argued that FTA’[s policy 

should not affect New Starts project 

eligibility criteria. 

FTA Response: FTA recognizes that it 

may be necessary to temporarily remove 

an HOV lane from service in order to 

convert it into a HOT lane facility. 

South a HOT lane facility will not lose 

its classification as a ‘‘fixed guideway’’

so long as it satisfies the conditions of 

this Final Policy Statement. 

FTA agrees with the proposal that it 

classify as ‘‘fixed guideway miles’’ busonly shoulders converted to HOT lanes 

as long as the bus-only shoulders are 

currently classified as ‘‘fixed guideway 

miles’’ and satisfy the conditions of this 

Final Policy Statement. Accordingly, 

FTA has added the following language 

to its Final Policy Statement by footnote 

at section (b)(1): 

FTA shall classify HOT lane facilities 

converted from bus-only shoulders as ‘‘fixed 

guideway miles,’’ so long as such HOT lanes 

satisfy conditions (ii) and (iii) of this Final 

Policy Statement and were bus-only 

shoulders previously reported in the National 

Transit Database as ‘‘fixed guideway miles’’

for purposes of the funding formulas 

administered by FTA under 49 U.S.C. 5307 

and 5309. 

The commenter that asked FTA to 

consider variably-priced express lanes 

did not provide enough information for 

FTA to determine whether such facility 

could satisfy the conditions of its 

Proposed Statement of Policy. FTA 

responds by reiterating its statement at 

section (b)(i) of the Final Policy 

Statement, that with the exception of 

bus-only shoulders, ‘‘neither non-HOV 

facilities nor facilities constructed as 

HOT lanes would be eligible for 

classification as fixed ‘guideway 

miles.’ ’’

The comment requesting that FTA 

require coordination between privately 

operated HOT lane facilities and public 

transportation is beyond the scope of 

this policy statement. FTA’s Planning 

and Assistance Standards are located at 

49 CFR part 613. 

Similarly, the comments requesting 

that FTA connect this policy with 

transit supportive land and that this 

policy not affect FTA’s New Starts 


jlentini on PROD1PC65 with NOTICES
77866 Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices 

4Office of Operations, Federal Highway 

Administration, U.S. Department of Transportation. 

5National Transit Database. 

6 Journey to Work Trends in the United States and 

its Major Metropolitan Areas 1960–2000, 

Publication No. FHWA–EP–03–058 Prepared for: 

US Department of Transportation, Federal Highway 

Administration, Office of Planning, Prepared by: 

Nancy McGuckin, Consultant, Nanda Srinivasan, 

Cambridge Systematics, Inc. 

7Office of Operations, Federal Highway 

Administration, U.S. Department of Transportation. 

Demand for highway travel by Americans continues 

to grow as population increases, particularly in 

metropolitan areas. Construction of new highway 

capacity to accommodate this growth in travel has 

not kept pace. Between 1980 and 1999, route miles 

of highways increased 1.5 percent while vehicle 

miles of travel increased 76 percent. The Texas 

Transportation Institute estimates that, in 200, the 

75 largest metropolitan areas experienced 3.6 

billion vehicle-hours of delay, resulting in 5.7 

billion gallons in wasted fuel and $67.5 billion in 

lost productivity. And traffic volumes are projected 

to continue to grow. The volume of freight 

movement alone is forecast to nearly double by 

2020. Congestion is largely thought of as a big city 

problem, but delays are becoming increasingly 

common in small cities and some rural areas as 

well. 

8Letter to U.S. Department of Transportation, 

August 28, 2006, from National Capital Region 

Transportation Planning Board. 

9Letter to U.S. Department of Transportation, 

August 28, 2006, from National Capital Region 

Transportation Planning Board. 

10Letter to U.S. Department of Transportation, 

August 28, 2006, from National Capital Region 

Transportation Planning Board. 

11A Vision for the Future Transportation 2030, 

February 2005, Chapter 1, Page 6. 

12 2025 Regional Transportation Plan HoustonGalveston Area, June 2005, Page 31. 

13Miami-Dade Transportation Plan (to the Year 

2030) December 2004, FINAL DRAFT, Page 24. 

14Federal Highway Administration, U.S. 

Department of Transportation. The Department’s 

Value Pricing Pilot Program (VPPP), initially 

authorized by the Intermodal Surface 

Transportation Efficiency Act as the Congestion 

Pricing Pilot Program and continued as the VPPP 

under SAFETEA–LU, encourages implementation 

and evaluation of value pricing pilot projects, 

offering flexibility to encompass a variety of 

innovative applications including areawide pricing, 

pricing of multiple or single facilities or corridors, 

single lane pricing, and implementation of other 

market-based strategies. 

15Federal Highway Administration, U.S. 

Department of Transportation. 

project eligibility criteria are beyond the 

scope of this policy statement, which is 

limited to the classification of HOT lane 

facilities as ‘‘fixed guideway miles’’ for 

purposes for FTA’s funding formulas. 

Final Policy Statement on HOV-to-HOT 

Conversion 

The following Final Policy Statement 

explains when FTA shall classify HOV 

lanes converted to HOT lanes as ‘‘fixed 

guideway miles’’ for FTA’s funding 

formulas and when FTA shall not 

classify HOT lanes as ‘‘fixed guideway 

miles’’ for its funding formulas. 

Background 

Since the early 1980s, transportation 

officials have sought to manage traffic 

congestion and increase vehicle 

occupancy by means of HighOccupancy Vehicle (HOV) lanes—

highway lanes reserved for the exclusive 

use of car pools and transit vehicles. 

Today, there are over 130 freeway HOV 

facilities in metropolitan areas in the 

US,4 of which approximately 10 have 

received funding through FTA’s Major 

Capital Investment program and 

approximately 80 are counted as ‘‘fixed 

guideway miles’’ for purposes of FTA’s 

formula grant programs.5 Since 1990, 

however, HOV mode share in 26 of the 

40 largest metropolitan areas has 

steadily declined,6 while both excess 

capacity on HOV lanes and congestion 

on general purpose lanes have 

increased.7

An increasing number of metropolitan 

areas are considering new demand 

management strategies as alternative to 

HOB lanes. One emerging alternative is 

the variably-priced High-Occupancy/ 

Toll (HOT) lane. HOT lanes combine 

HOV and pricing strategies by allowing 

Single-Occupant Vehicles (SOVs) to 

access HOV lanes by paying a toll. The 

lanes are ‘‘managed’’ through pricing to 

maintain free flow conditions even 

during the height of rush hours. 

HOT lanes provide multiple benefits 

to metropolitan areas that are 

experiencing severe and worsening 

congestion and significant 

transportation funding shortages. First, 

variably-priced HOT lanes expand 

mobility options in congested urban 

areas by providing an opportunity for 

reliable travel times for users prepared 

to pay a premium for this service. HOT 

lanes also improve the efficiency of 

HOV facilities by allowing toll-paying 

SOVs to utilize excess lane capacity on 

HOVs. In addition, HOT lanes generate 

new revenue which can be used to pay 

for transportation improvements, 

including enhanced transit service. 

In August of 2005, recognizing the 

advantages of HOT lanes, Congress 

enacted Section 112 of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU), codified at 23 

U.S.C. 166, to authorize States to permit 

use of HOV lanes by SOVs, so long as 

the performance of the HOV lanes is 

continuously monitored and continues 

to meet specified performance 

standards. The U.S. Department of 

Transportation (Department) has 

strongly endorsed the conversion of 

HOV lanes to variably HOT lanes, most 

recently in its Initiative to Reduce 

Congestion on the Nation’s 

Transportation Network. It is the 

Department’s policy to encourage 

jurisdictions to consider ‘‘HOV-to-HOT’’

conversion as a means of congestion 

relief and possible revenue 

enhancement. 

The ability of HOT lanes to introduce 

additional traffic to existing HOV 

facilities, while using pricing and other 

management techniques to control the 

number of additional motorists, 

maintain high service levels and 

provide new revenue, make HOT lanes 

an effective means of reducing 

congestion and improving mobility. For 

this reason, and given the new authority 

enacted by Congress to promote ‘‘HOVto-HOT’’ conversions, many States, 

transportation agencies and 

metropolitan areas are seriously 

considering applying variable pricing to 

both new and existing roadways. For 

example, the current long-range 

transportation plan for the Washington, 

DC, metropolitan area includes four new 

HOT lanes along 15 miles of the Capital 

Beltway in Virginia, and six new 

variably lanes along 18 miles on the 

Inter-County Connector in Montgomery 

and Prince george’s Counties in 

Maryland.8 Virginia ia also exploring 

the possibility of converting existing 

HOV lanes along the I–95/395 corridor 

into HOT lanes.9 Maryland is 

considering express toll lanes along I–

495, I–270, as well as along other 

facilities.10 Similarly, in San Francisco, 

the Metropolitan Transportation 

Commission’s Transportation 2030 Plan 

advocates development of a HOT 

network that would convert that 

region’s existing HOV lanes to HOT 

lanes;11 Houston’s 2025 Regional 

Transportation Plan includes plans to 

implement peak period pricing within 

the managed HOT lanes of the major 

freeway corridors in the region;12 and 

the Miami-Dade, Florida 2030 

Transportation Plan includes 

conversion of existing HOV lanes to 

reversible HOV/HOT lanes to provide 

additional capacity to I–95 in MiamiDade County.13 Other jurisdictions are 

exploring the potential for HOT lanes 

with grants provided by the 

Department’s Value Pricing Pilot 

Program.14 These include the Port 

Authority of New York/New Jersey; San 

Antonio, Texas; Seattle, Washington; 

Atlanta, Georgia; and Portland, 

Oregon.15

While an increasing number of 

metropolitan planning organization and 

State departments of transportation are 

study the HOT lane concept as a 

strategy to improve mobility, six HOT 

lane facilities currently operate in the 

United States: State Route 91 (SR 91) 

Express Lanes in Orange County, 

California; the I 15 FasTrak in San 

Diego, California; the Katy Freeway 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices 77867 

16 In a Letter to U.S. Representative Randall 

Cunningham, dated June 10, 2002, concerning the 

I–15 FasTrak facility in San Diego, FTA stated: 

‘‘* * * FTA will recognize, for formula allocation 

purposes, exclusive fixed guideway transit facilities 

that permit toll-paying SOVs on an incidental basis 

(often called high occupancy/toll (HOT) lanes) 

under the following conditions: the facility must be 

able to control SOV use so that it does not impede 

the free flow and high speed of transit and HOV 

vehicles, and the toll revenues collected must be 

used for mass transit purposes.’’

17With respect to whether HOT lanes were 

previously HOV lanes reported in the National 

Transit Database (‘‘HTD’’) as ‘‘fixed guideway 

miles,’’ HOV facilities classified as ‘‘fixed guideway 

miles’’ in the NTD on or before data of the 

publication of this Final Policy Statement shall 

satisfy this requirement. With data of publication of 

this Final Policy Statement, such HOV lanes may 

not be converted to HOT lanes and maintain their 

classification as ‘‘fixed guideway miles’’ unless: (i) 

the HOV lanes have reported to the NTD as ‘‘fixed 

guideway miles’’ for three years to their conversion 

to HOT lanes, (ii) users of public transportation 

have accounted for at least 50% of the passenger 

miles traveled on the HOV lanes in their last twelve 

months of service (or once the HOV lanes are 

converted to HOT lanes, users of public 

transportation are reasonably expected to account 

for at least 50% of the passenger miles traveled on 

the HOT lanes in their twelve months of service), 

or (iii) in his or her discretion, the Administrator 

so approves. 

18FTA apportions amounts made available for 

fixed guideway modernization under 49 U.S.C. 

5309 pursuant to fixed guideway factors detailed at 

49 U.S.C. 5337. One off these fixed guideway 

factors, located at 49 U.S.C. 5337(a)(5)(B), 

apportions a percentage of the available fixed 

guideway modernization funds to ‘fixed guideway 

systems placed in revenue service at least 7 years 

before the fiscal year in which amounts are made 

available.’ For purposes of 49 U.S.C. 5337(a)(5)(B), 

(i) no HOV facility that has been in revenue service 

at least 7 years shall forfeit its eligibility for fixed 

guideway modernization funds because it is 

converted to a HOT lane facility in accordance with 

this Final Policy Statement; and (ii) no HOV facility 

that has been in revenue service for less than seven 

years shall forfeit the years it has accrued 

thereunder because it is converted to a HOT lane 

facility and for so long as the HOT lane facility 

maintains its ‘‘fixed guideway’’ in accordance with 

this Final Policy Statement, it shall continue to 

accrue years thereunder. 

19FTA recognizes one exception to this 

statement—bus-only shoulders. Accordingly, FTA 

shall classify HOT lane facilities converted from 

bus-only shoulders as ‘‘fixed guideway miles,’’ so 

long as such HOT lanes satisfy conditions (ii) and 

(iii) of this Final Policy Statement and were busonly shoulders previously reported in the National 

Transit Database as ‘‘fixed guideway miles’’ for 

purposes of the funding formulas administered by 

FTA under 49 U.S.C. 5307 and 5309. 

20The costs necessary for the proper operation 

and maintenance of a HOT lane facility may 

include reconstruction, rehabilitation, and the costs 

associated with operating transit service on the 

facility. 

21Transit’s allocable share of the facility’s 

program income shall be an amount equal to the 

facility’s total program income, for any period, 

multiplied by a ratio, (a) the numerator of which 

shall be the cumulative amount of funds 

contributed to the facility through a program 

established by transit law, and (b) the denominator 

of which shall be the cumulative amount of all 

Federal, State and local capital funds contributed to 

the facility, in each case at the time transit’s 

allocable share is calculated. For purposes of 49 

CFR 18.25, (i) amounts other than transit’s allocable 

share shall not constitute program income and (ii) 

any expenditure of transit’s allocable share that is 

not deducted from outlays made under transit law 

shall be deemed an ‘‘alternative’’ under 49 U.S.C. 

18.25(g) and deemed by FTA a term of the grant 

agreement. 

QuickRide and the Northwest Freeway 

(US 90) in Harris County, Texas; I 394 

in Minneapolis and St. Paul, Minnesota; 

and I 25 in Denver, Colorado. 

Prior FTA Policy 

Since 2002, FTA’s policy has been to 

continue to classify the lanes of an HOV 

facility converted to HOT lanes as 

‘‘fixed guideway miles’’ for funding 

formula purposes on the condition that 

the facility meets two requirements: (i) 

the HOT facility manages SOV use so 

that it does not impede the free-flow 

and high speed of transit and highoccupancy vehicles and (ii) toll 

revenues collected on the facility will be 

used for mass transit purposes.16 FTA 

has considered requiring as an 

additional condition for eligibility that 

the lowest toll payable by SOVs on a 

HOT facility be not less than the fare 

charged for transit services on the HOT 

facility. 

Final FTA Policy 

(a) Purpose of Final Policy. This Final 

Statement of Policy will help ensure 

that Federal transit funding for 

congested urban areas is not decreased 

when existing HOV facilities are 

converted to variably-priced HOT lanes 

in an effort by localities to reduce 

congestion, improve air quality, and 

maximize throughput using excess HOV 

lane capacity. The revised FTA policy 

will also promote a uniform approach 

by the Department’s operating agencies 

concerning HOV-t0-HOT conversions. 

In particular, FTA’s policy will be 

coordinated with the statutes enacted by 

Congress under Section 112 of 

SAFETEA–LU applicable to the Federal 

Highway Administration intended to 

simplify conversion of HOV lanes to 

HOT lanes. The policy statement will 

also support the Department’s policy of 

encouraging HOV-to-HOT conversions. 

Final Policy. FTA shall classify HOT 

lanes as ‘‘fixed guideway miles’’ for 

purposes of the funding formulas 

administered under 49 U.S.C. 5307 and 

49 U.S.C. 5309, so long as each of the 

following conditions is satisfied: 

The HOT lanes were previously 17

HOV lanes reported in the National 

Transit Database as ‘‘fixed guideway 

miles’’ for purposes of the funding 

formulas administered by FTA under 49 

U.S.C. 5307(b) and 49 U.S.C. 

5309(a)(E).18 Facilities that were not 

eligible HOV lanes prior to being 

converted to HOT lanes will remain 

ineligible for inclusion as fixed 

guideway miles in FTA’s funding 

formulas. Therefore, neither non-HOV 

facilities converted directly to HOT 

facilities nor facilities constructed as 

HOT lanes will be eligible for 

classification as ‘‘fixed guideway 

miles.’’ 19

(ii) The HOT lanes are continuously 

monitored and continue to meet 

performance standards that preserve 

free flow traffic conditions as specified 

in 23 U.S.C. 166(d) 23 U.S.C. 166(d) 

provides operational performance 

standards for an HOV facility converted 

to a HOT facility. It also requires that 

the performance of the facility be 

continuously monitored and that it 

continue to meet specified performance 

standards. Due to original project 

commitments, HOV facilities 

constructed using capital funds 

available under 49 U.S.C. 5309(d) or (e) 

may be required, when converted to 

HOT lanes, to achieve a higher 

performance standard than required 

under 23 U.S.C. 166(d). Standards for 

operational performance and 

determining degradation of operational 

performance for facilities constructed 

with funds from FTA’s New Starts 

program shall be determined by FTA on 

a case-by-case basis. FTA will require 

real-time monitoring of traffic flows to 

ensure on-going compliance with 

operational performance standards. 

(iii) Program income from the HOT 

lane facility, including all toll revenue, 

is used solely for ‘‘permissible uses.’’

‘‘Permissible uses’’ means any of the 

following uses with respect to any HOT 

lane facility, whether operated by a 

public or private entity: (a) Debt service, 

(b) a reasonable return on investment of 

any private financing, (c) the costs 

necessary for the proper operation and 

maintenance of such facility,20 and (d) 

if the operating entity annually certifies 

that the facility is being adequately 

operated and maintained (including that 

the permissible uses described in (a), (b) 

and (c) above, if applicable, are being 

duly paid), any other purpose relating to 

a project carried out under Title 49 

U.S.C. 5301 et seq. In cases where the 

HOT lane facility has received (or 

receives) funding from FTA and another 

Federal agency, such that use of the 

facility’s program income is governed by 

more than one Federal program, FTA’s 

restrictions concerning permissible use 

shall not apply to more than transit’s 

allocable share 21 of the facility’s 

program income. FTA shall not require 

recipients to assign priority in payment 

to any permissible use. 

(c) Transit Fares and Tolls on HOT 

Lane Facilities. FTA shall not condition 


jlentini on PROD1PC65 with NOTICES
77868 Federal Register / Vol. 71, No. 248 / Wednesday, December 27, 2006 / Notices 

the classification of HOT lanes 

converted from HOV lanes as ‘‘fixed 

guideway miles,’’ or condition any 

approval or waiver under a Full 

Funding Grant Agreement, on a 

grantee’s adopting transit fare policies 

or a tolling authority’s adopting of 

tolling policies concerning, respectively, 

the price of transit services on the HOT 

lane facility and the tolls payable by 

SOVs. Instead, FTA shall permit 

grantees and tolling authorities to 

develop their own fare structures for 

transit services and tolls, respectively, 

on HOT lane facilities. Transit fares 

shall remain subject to 49 U.S.C. 5332 

(Nondiscrimination) and 49 U.S.C. 5307 

(Urbanized area formula grants). 

(d) No Return of Funds under Full 

Funding Grant Agreements. In the event 

that an HOV facility is converted to a 

HOT facility and the HOV facility has 

received funds through FTA’s New 

Starts program, FTA shall not require 

the grantee to return such funds so long 

as the facility complies with the 

conditions set forth in this guidance and 

the original grant agreement or Full 

Funding Grant Agreement, as 

applicable. 

Issued on the 21st day of December, 2006. 

James S. Simpson, 

Administrator. 

[FR Doc. 06–9873 Filed 12–26–06; 8:45 am] 

BILLING CODE 4910–57–M 

DEPARTMENT OF THE TREASURY 

Fiscal Service 

Financial Management Service; 

Proposed Collection of Information: 

Final Rule—Management of Federal 

Agency Disbursements 

AGENCY: Financial Management Service, 

Fiscal Service, Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Financial Management 

Service, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to make this 

opportunity to comment on a 

continuing information collection. By 

this notice, the Financial Management 

Service solicits comments concerning 

the ‘‘Final Rule—Management of 

Federal Agency Disbursements.’’

DATES: Written comments should be 

received on or before February 26, 2007. 

ADDRESSES: Direct all written comments 

to Financial Management Service, 

Records and Information Management 

Branch, Room 135, 3700 East West 

Highway, Hyattsville, Maryland 20782. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the form(s) and instructions 

should be directed to Sally Phillips, 

Director, EFT Strategy Division, Room 

420, Liberty Center Building, 401 14th 

Street, SW., Washington, DC 20227, 

(202) 874–7106. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Paperwork Reduction Act of 1995, 

(44 U.S.C. 3506(c)(2)(A)), the Financial 

Management Service solicits comments 

on the collection of information 

described below: 

Title: Final Rule—Management of 

Federal Agency Disbursements. 

OMB Number: 1510–0066. 

Form Number: None. 

Abstract: Recipients of Federal 

disbursements must furnish to FMS 

their bank account number and the 

name and routing number of their 

financial institution to receive payment 

electronically. 

Current Actions: Extension of 

currently approved collection. 

Type of Review: Regular. 

Affected Public: Businesses, or other 

for-profit institutions, Individuals or 

households, Not-for-profit Institutions. 

Estimated Number of Respondents: 

1,300. 

Estimated Time per Respondents: 15 

minutes. 

Estimated Total Annual Burden 

Hours: 325. 

Comments: Comments submitted in 

response to this notice will be 

summarized and/or included in the 

request for Office of Management and 

Budget approval. All comments will 

become a matter of public record. 

Comments are invited on: (a) Whether 

the collection of information is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

collection of information; (c) ways to 

enhance the quality, utility, and clarity 

of the information to be collected; (d) 

ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology; 

and (e) estimates of capital or start-up 

costs and costs of operation, 

maintenance and purchase of services to 

provide information. 

Dated: December 21, 2006. 

Wanda Rogers, 

Assistant Commissioner, Regional 

Operations. 

[FR Doc. 06–9857 Filed 12–26–06; 8:45 am] 

BILLING CODE 4810–35–M 

DEPARTMENT OF THE TREASURY 

Fiscal Service 

Financial Management Service; 

Proposed Collection of Information: 

Direct Deposit Sign-Up Form 

AGENCY: Financial Management Service, 

Fiscal Service, Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Financial Management 

Service, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on a 

continuing information collection. By 

this notice, the Financial Management 

Service solicits comments concerning 

the Form 1199A ‘‘Direct Deposit SignUp Form’’ and Form 1200 ‘‘Go Direct 

Sign Up Form for Direct Deposit of 

Federal Benefit Payments.’’

DATES: Written comments should be 

received on or before February 26, 2007. 

ADDRESSES: Direct all written comments 

to Financial Management Service, 

Records and Information Management 

Branch, Room 135, 3700 East West 

Highway, Hyattsville, Maryland 20782. 

FOR FURTHER INFORMATION CONTACT: 

Request for additional information or 

copies of the form(s) and instructions 

should be directed to Sally Phillips, 

Director, EFT Strategy Division, Room 

420, 401 14th Street, SW., Washington, 

DC 20227, (202) 874–7106. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Paperwork Reduction Act of 1995, 

(44 U.S.C. 3506(c)(2)(a)), the Financial 

Management Service solicits comments 

on the collection of information 

described below: 

Title: Direct Deposit Sign-Up Form, 

and Go Direct Sign-Up Form for Direct 

Deposit of Federal Benefit Payments. 

OMB Number: 1510–0007. 

Form Number(s):SF–1199A, FMS 

1200. 

Abstract: These forms are used by 

recipients to authorize the deposit of 

Federal payments into their accounts at 

financial institutions. The information 

on the forms routes the direct deposit 

payment to the correct account at the 

financial institution. 

Current Actions: Extension of 

currently approved collection. 

Type of Review: Regular. 

Affected Public: Individuals of 

household, Business or other for-profit, 

Federal Government. 

Estimated Number of Respondents: 

406,715. 

Estimated Time Per Respondent: 10 

minutes. 


jlentini on PROD1PC65 with NOTICES