Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices 64397 

Basis for Renewing Exemptions 

Under 49 U.S.C. 31315(b)(1), an 

exemption may be granted for no longer 

than two years from its approval date 

and may be renewed upon application 

for additional two year periods. In 

accordance with 49 U.S.C. 31136(e) and 

31315, each of the 17 applicants has 

satisfied the entry conditions for 

obtaining an exemption from the vision 

requirements (65 FR 33406; 65 FR 

57234; 67 FR 57266; 69 FR 52741; 71 FR 

53489; 73 FR 65009; 73 FR 63047; 71 FR 

32183; 71 FR 41310; 73 FR 65009; 73 FR 

61927; 73 FR 35194; 73 FR 63047; 73 FR 

46973; 73 FR 54888; 73 FR 51689). Each 

of these 17 applicants has requested 

renewal of the exemption and has 

submitted evidence showing that the 

vision in the better eye continues to 

meet the standard specified at 49 CFR 

391.41(b)(10) and that the vision 

impairment is stable. In addition, a 

review of each record of safety while 

driving with the respective vision 

deficiencies over the past two years 

indicates each applicant continues to 

meet the vision exemption standards. 

These factors provide an adequate basis 

for predicting each driver’s ability to 

continue to drive safely in interstate 

commerce. Therefore, FMCSA 

concludes that extending the exemption 

for each renewal applicant for a period 

of two years is likely to achieve a level 

of safety equal to that existing without 

the exemption. 

Request for Comments 

FMCSA will review comments 

received at any time concerning a 

particular driver’s safety record and 

determine if the continuation of the 

exemption is consistent with the 

requirements at 49 U.S.C. 31136(e) and 

31315. However, FMCSA requests that 

interested parties with specific data 

concerning the safety records of these 

drivers submit comments by November 

18, 2010. 

FMCSA believes that the 

requirements for a renewal of an 

exemption under 49 U.S.C. 31136(e) and 

31315 can be satisfied by initially 

granting the renewal and then 

requesting and evaluating, if needed, 

subsequent comments submitted by 

interested parties. As indicated above, 

the Agency previously published 

notices of final disposition announcing 

its decision to exempt these 17 

individuals from the vision requirement 

in 49 CFR 391.41(b)(10). The final 

decision to grant an exemption to each 

of these individuals was made on the 

merits of each case and made only after 

careful consideration of the comments 

received to its notices of applications. 

The notices of applications stated in 

detail the qualifications, experience, 

and medical condition of each applicant 

for an exemption from the vision 

requirements. That information is 

available by consulting the above cited 

Federal Register publications. 

Interested parties or organizations 

possessing information that would 

otherwise show that any, or all, of these 

drivers are not currently achieving the 

statutory level of safety should 

immediately notify FMCSA. The 

Agency will evaluate any adverse 

evidence submitted and, if safety is 

being compromised or if continuation of 

the exemption would not be consistent 

with the goals and objectives of 49 

U.S.C. 31136(e) and 31315, FMCSA will 

take immediate steps to revoke the 

exemption of a driver. 

Issued on: October 13, 2010. 

Larry W. Minor, 

Associate Administrator for Policy and 

Program Development. 

[FR Doc. 2010–26300 Filed 10–18–10; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Value Pricing Pilot Program 

Participation, Fiscal Years 2010 and 

2011 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice; solicitation for 

participation. 

SUMMARY: This notice invites States, 

along with their local government 

partners and other public authorities, to 

apply to participate in the Value Pricing 

Pilot (VPP) program and presents 

guidelines for program applications for 

fiscal years (FY) 2010 and 2011. The 

notice seeks applications for a variety of 

types of transportation pricing studies 

and implementation projects. 

DATES: 

1. Applications for tolling authority 

only may be submitted at any time, 

however, it is recommended that 

applicants first submit an Expression of 

Interest, as detailed in the ‘‘Who is 

Eligible to Apply’’ section of this notice, 

to allow FHWA to guide applicants in 

determining whether the VPP program, 

or another program, is the preferable 

program under which to apply for such 

authority. 

2. Formal grant applications, 

however, must be submitted no later 

than January 18, 2011, to be assured 

consideration. 

3. For grant applications, applicants 

may also submit an optional ‘‘sketch’’ or 

draft proposal by December 3, 2010, 

which FHWA will review and provide 

feedback on for the applicant to use in 

its formal grant application. Sketch or 

draft proposals received after this date 

may still be reviewed by and 

commented upon by FHWA at its 

discretion. 

4. For grant applications that had 

been submitted under the August 5, 

2009, (74 FR 39138) solicitation that 

were not funded (for a list of projects 

funded from that solicitation, see: 

http://www.fhwa.dot.gov/pressroom/ 

fhwa1029.htm), and where such 

applications would still be eligible for 

funding under the criteria provided by 

this notice, applicants may submit a 

letter to the Department by November 

18, 2010, requesting comments on their 

previous applications. 

Application Submission: Grant 

applications may be submitted through 

http://www.grants.gov. Applications for 

tolling authority only should be 

submitted through an expression of 

interest at the following Web site: http://

ops.fhwa.dot.gov/tolling_pricing/ 

participation.htm. 

FOR FURTHER INFORMATION CONTACT: For 

questions about or to provide 

information to FHWA that responds to 

this notice, such as to submit a letter or 

sketch plan, or for general questions 

related to the VPP program, please 

contact Ms. Angela Jacobs, FHWA 

Office of Operations, at (202) 366–0076, 

angela.jacobs@dot.gov. For technical 

questions related to the development of 

pricing projects involving tolls, please 

also contact Ms. Angela Jacobs, or 

contact Mr. Patrick DeCorla-Souza, 

FHWA Office of Innovative Program 

Delivery, at (202) 366–4076, 

patrick.decorla-souza@dot.gov. For 

technical questions related to the 

development of pricing projects not 

involving tolls, please contact Mr. Allen 

Greenberg, FHWA Office of Operations, 

at (202) 366–2425, 

allen.greenberg@dot.gov. For legal 

questions, please contact Mr. Michael 

Harkins, FHWA Office of the Chief 

Counsel, at (202) 366–4928, 

michael.harkins@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded from the Federal 

Register’s home page at: http://

www.archives.gov and the Government 

Printing Office’s database at: http://

www.access.gpo.gov/nara. 

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64398 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices 

Background 

Section 1012(b) of the Intermodal 

Surface Transportation Efficiency Act 

(ISTEA) (Pub. L. 102–240; 105 Stat. 

1914), as amended by section 1216(a) of 

the Transportation Equity Act (TEA–21) 

(Pub. L. 105–178; 112 Stat. 107), and 

section 1604(a) of the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA–LU) 

(Pub. L. 109–59; 119 Stat. 1144), 

authorizes the Secretary of 

Transportation (the Secretary) to create 

a VPP program. Value pricing 

encompasses a variety of strategies to 

manage congestion on highways, 

including tolling of highway facilities 

through congestion pricing, as well as 

other strategies that do not involve tolls, 

such as mileage-based car insurance and 

parking pricing. The congestion pricing 

concept of charging variable fees based 

upon usage and assessing relatively 

higher prices for travel during peak 

periods is the same as that used in many 

other sectors of the economy to respond 

to peak-use demands. For example, 

airlines, hotels, and theaters often 

charge more at peak periods than at 

non-peak periods. 

According to the statutory 

requirements of the VPP program, 

FHWA may enter into cooperative 

agreements with up to 15 State or local 

governments or other public authorities 

(henceforth referred to only as ‘‘States’’) 

to establish, maintain, and monitor VPP 

programs, each including an unlimited 

number of projects. The FHWA invites 

interested States to apply to participate 

in the VPP program for funds remaining 

from FY 2010 and provided in FY 2011. 

While direct submissions by local 

governments and public authorities are 

allowable under SAFETEA–LU, FHWA 

strongly prefers applications to be 

submitted through State departments of 

transportation, since that would allow 

the potential for multiple VPP program 

projects within a State counting as only 

1 of the 15 allowable partnerships. 

To comply with the statutory cap on 

the number of partnering States and 

other public authorities in a manner that 

maximizes program participation, 

FHWA will only consider an ‘‘active’’ 

cooperative agreement sufficient to hold 

1 of the 15 available VPP program slots, 

as also noted in both the September 16, 

2008, and August 5, 2009, notices for 

VPP program participation (73 FR 53478 

and 74 FR 39138, respectively). An 

agreement will be considered ‘‘active’’ 

by FHWA under either of the following 

two conditions: (1) During the period of 

time between when a cooperative 

funding agreement for a project or 

projects has been signed and when the 

project or projects has or have been 

completed, and (2) if VPP program 

tolling authority has been granted and is 

still needed to toll a new or existing 

highway. Absent one or both of these 

conditions being met, an agreement will 

not be considered active for the 

purposes of the VPP program. If 

progress in moving forward to use its 

VPP program funding or tolling 

authority is unsatisfactory, FHWA may 

withdraw its approval for inactive 

agreements in favor of other applicants 

seeking to obtain VPP program funding 

or tolling authority. 

Congress authorized $12 million for 

FY 2010 to be made available to carry 

out the VPP program, and, as of the date 

of this notice, Congress has also 

authorized $3 million for FY 2011 for 

this same purpose. Congress may 

subsequently choose to authorize 

additional funds beyond the $3 million 

for FY 2011. Of the funds that Congress 

makes available for the VPP program in 

any fiscal year, at least 25 percent must, 

according to statute, be spent for 

projects that do not involve highway 

tolls. The FHWA most recently solicited 

for applications for what remained of 

FY 2009 funds and for FY 2010 funds 

in an August 5, 2009, Federal Register 

notice (74 FR 39138). On August 2, 

2010, the FHWA announced the 

awarding of 10 grants totaling 

$9,768,000, some of which came from 

FY 2009 funds and, after such funds 

were exhausted, the rest from FY 2010 

funds. After these grants were awarded, 

and considering the new funds Congress 

has made available for FY 2011, at least 

$10.5 million is being made available 

under this solicitation. If Congress does 

provide additional VPP program funds 

for FY 2011 beyond what it has already 

provided, it is FHWA’s intention to 

subsequently award these funds based 

upon responses to this solicitation, if 

merited by the applications that are 

received. 

The Federal share payable under the 

VPP program is up to 80 percent of the 

cost of the project. Funds allocated by 

the Secretary to a State under this 

section shall remain available for 

obligation by the State for a period of 3 

years after the last day of the fiscal year 

for which funds are authorized. If, on 

September 30 of any year, the amount 

of funds made available for the VPP 

program, but not allocated, exceeds $8 

million, the excess amount will, to 

comply with the statutory requirements 

of the VPP program, be apportioned to 

all States as Surface Transportation 

Program funds. 

Funds available for the VPP program 

can be used to support preimplementation study activities as well 

as to pay for pricing-specific 

implementation costs of value pricing 

projects. Pursuant to section 1012(b)(2) 

of ISTEA, FHWA may not fund preimplementation or implementation 

costs for more than 3 years. Also, 

section 1012(b)(6) of ISTEA provides 

that a State may permit vehicles with 

fewer than two occupants to operate in 

high occupancy vehicle (HOV) lanes if 

the vehicles are part of a local VPP 

program under this section. In addition 

to this authority under the VPP 

program, 23 U.S.C. 166 authorizes States 

to convert HOV lanes into high 

occupancy toll (HOT) lanes in which 

vehicles without the number of 

occupants required for HOV status are 

permitted to use an HOV lane if such 

vehicles are charged a toll. Since the 

authority to establish and operate a HOT 

lane (including HOT lanes on the 

Interstate System) is no longer 

experimental and has been 

mainstreamed in 23 U.S.C. 166, the 

provisions of 23 U.S.C. 166 will 

generally be used for HOT projects in 

order to more effectively allocate VPP 

funds and program slots. 

Pursuant to section 1012(b)(7) of 

ISTEA, the potential financial effects of 

value pricing projects on low-income 

drivers shall be considered. Where such 

effects are expected to be both negative 

and significant, possible mitigation 

measures should be identified, such as 

providing new or expanded transit 

service as an integral part of the value 

pricing project, toll discounts or credits 

for low-income motorists who do not 

have viable transit options, or fare or 

toll credits earned by motorists by use 

of regular lanes which can be used to 

pay for tolls on priced lanes. Additional 

measures include methods to facilitate 

convenient cash payment by those who 

do not have bank accounts or credit 

cards, or who choose not to tie their toll 

accounts to their bank accounts or credit 

cards. Mitigation measures can be 

included as part of the value pricing 

project implementation costs. 

Also, section 1012(b)(6) of ISTEA 

requires the Secretary to monitor the 

effect of value pricing programs for a 

period of at least 10 years and report to 

Congress every 2 years on the effects 

such programs are having on driver 

behavior, traffic volume, transit 

ridership, air quality, and availability of 

funds for transportation programs. 

Project partners will be expected to 

assist FHWA by providing data on their 

programs for use in these reports 

throughout the length of the monitoring 

and reporting period. 

In addition to the VPP program, other 

authorities are available that permit 

States to use tolling to finance highway 

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Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices 64399 

construction and reconstruction, 

promote efficiency in the use of 

highways, and support congestion 

reduction. Expanded flexibility to toll is 

provided under the following programs: 

HOV-to-HOT Conversion Program (23 

U.S.C. 166); Interstate System 

Reconstruction and Rehabilitation Pilot 

Program; Interstate System Construction 

Toll Pilot Program; Express Lanes 

Demonstration Program; and Section 

129 toll agreements. For more 

information on these programs, please 

refer to the notice in the January 6, 

2006, Federal Register entitled, 

‘‘SAFETEA–LU; Opportunities for State 

and Other Qualifying Agencies to Gain 

Authority to Toll Facilities Constructed 

Using Federal Funds’’ (71 FR 965). 

Applicable Terms 

‘‘Value pricing’’ and ‘‘congestion 

pricing’’ refer to direct and transparent 

charges for vehicle use and parking, as 

well as variable charges for road use, 

possibly fluctuating based upon 

location, time of day, severity of 

congestion, vehicle occupancy, or type 

of facility. By shifting some trips to offpeak periods, to mass transit or other 

higher-occupancy vehicles, to nonmotorized modes, or to alternative 

routes away from priced facilities, or by 

encouraging consolidation of trips, 

congestion pricing promotes economic 

efficiency. It also helps achieve 

congestion reduction, reductions in 

greenhouse gas emissions, improved air 

quality, energy conservation, transit 

ridership, and revenue generation goals. 

A ‘‘value pricing project’’ means any 

pre-implementation activities or 

implementation of congestion pricing 

concepts or techniques included under 

a State or local ‘‘value pricing pilot 

program.’’ A State is considered to have 

a VPP program if it has one or more 

approved value pricing projects. While 

the distinction between ‘‘project’’ and 

‘‘program’’ may appear to be merely a 

technical one, it is significant in that, as 

described in the ‘‘Background’’ section 

of this notice, the number of total VPP 

programs is statutorily limited to 15, 

while there is no limit to the number of 

VPP projects allowed under each VPP 

program. 

A ‘‘value pricing program’’ means the 

combination of all value pricing projects 

within a State or local government or 

public authority. Any State or local 

government or public authority with a 

cooperative agreement for a value 

pricing program is deemed to have a 

value pricing program. 

‘‘Cooperative agreement’’ means the 

agreement signed between the FHWA 

and a public agency to establish and 

implement value pricing pilot projects. 

‘‘Toll agreement’’ means the agreement 

signed between the FHWA and a State 

and/or local government or public 

authority to provide for the statutorily 

authorized uses of toll revenues. At 

FHWA’s discretion, the toll agreement 

may be subsumed within the 

cooperative agreement. 

Program Objective 

The overall objective of the VPP 

program is to support efforts by State 

and local governments or other public 

authorities to establish local VPP 

programs, to provide for the execution, 

monitoring, and evaluation of value 

pricing projects included in such 

programs, and to report on these effects. 

The effects of interest include impacts 

on congestion, travel behavior, traffic 

volumes, transit ridership, air quality, 

and funding for transportation 

improvements. The FHWA is seeking 

applications for funding and/or tolling 

authority to use congestion pricing to 

reduce congestion, improve system 

performance, and advance the 

Department’s priorities of growing the 

economy, enhancing livability, and 

promoting environmental sustainability. 

All proposals should incorporate 

significant pricing mechanisms that are 

designed to substantially advance these 

objectives. 

This notice seeks applications focused 

on less tested, innovative strategies that 

advance pricing in furtherance of 

FHWA’s livability, sustainability, and 

other goals. An objective of this 

solicitation is to provide incentive 

grants to expand the number of 

metropolitan areas that are developing 

innovative approaches that advance 

congestion pricing. 

Some non-toll pricing applications, 

such as carsharing, have already proven 

their success and are in wide use, and 

thus do not require VPP program 

funding for their success to be 

sustained. Deployment of other non-toll 

pricing strategies, such as pricing of 

parking meters to achieve a certain 

parking space utilization level, are 

much newer in the U.S., but the 

advancement of such strategies has 

already secured substantial funding 

under the VPP and other programs (e.g., 

in San Francisco), and thus other nontolling strategies, discussed below, will 

instead receive priority consideration 

under this solicitation. 

For both tolling and non-tolling 

projects, FHWA is interested in tests 

that advance the state of the practice in 

behavioral economics. Specifically, 

applications are sought that strive to 

improve the understanding of the ways 

that the structure, timing and salience of 

pricing, and how payments themselves 

are handled, affect responses to pricing. 

Types of Projects Being Sought That Do 

Not Involve Tolls 

The FHWA is especially interested in 

grant applications for projects that do 

not involve highway tolls. As discussed 

earlier, SAFETEA–LU sets aside a 

minimum of 25 percent of VPP program 

funds for such projects and FHWA may 

choose to make available more of the 

VPP program funds for this purpose. 

The FHWA in particular seeks tests of 

non-toll pricing strategies that will 

substantially improve livability in an 

area and advance environmental 

sustainability in a major way, either 

directly through the benefits the project 

itself brings, or by demonstrating 

especially promising strategies such that 

their implementation will likely be 

replicated broadly. 

Examples of strategies that FHWA 

believes would meet this test include: 

(1) Pay-per-mile or pay-per-minute car 

insurance, where insurance premiums 

are converted from an annual or biannual charging scheme to one that is 

instead based primarily on miles or 

minutes of driving (with rates that still 

reflect actuarial risks and the coverages 

that are selected); and (2) highly 

innovative parking pricing strategies, 

provided that the level and coverage of 

parking charges is sufficient to bring 

about substantial and measurable 

reductions in congestion. For pay-permile or pay-per-minute insurance, 

FHWA is especially interested in 

applications that cover areas not 

included in previous VPP programfunded projects, such as actuarial 

studies of the potential benefits of payas-you-drive pricing models, tests of 

previously untested pricing protocols, 

and explorations of pricing approaches 

that utilize both mileage or time in 

operation and other usage-based factors 

that would affect per-mile or per-minute 

claims’ risks. For parking pricing, 

FHWA seeks applications for: (1) 

Citywide surcharges for entering or 

exiting parking facilities during or near 

peak travel periods; and (2) parking 

cash-out, where a city or State passes, 

and then requests financial support to 

implement, a local ordinance or State 

law requiring employers to offer cash to 

their employees in lieu of subsidized 

parking, or provides substantial 

incentives for employers to offer such 

cash-out options. As mentioned above, 

pricing of parking meters to influence 

parking space utilization levels has 

already received substantial funding 

and will receive lower priority in 

considering grant applications. 

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64400 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices 

Applications are also encouraged that 

utilize appropriate technologies and 

provide sufficient participation 

incentives to deploy dynamic 

ridesharing (flexible, single-trip 

carpooling) with the necessary critical 

mass of users to succeed. To be 

considered eligible, dynamic 

ridesharing applications must be 

coupled with some transportation 

pricing, such as parking pricing or 

direct financial incentives for 

ridesharing, thereby expanding 

affordable transportation options while 

mitigating equity issues associated with 

pricing. 

Pre-Implementation Studies 

The intent of the pre-implementation 

study phase is to support efforts to 

identify and evaluate value pricing 

project alternatives, and to prepare the 

necessary groundwork for relatively 

near-term implementation. The FHWA 

will not fund purely academic studies of 

congestion pricing, or studies that 

involve major expansions of existing 

facilities, or areawide or regionwide 

planning studies covering many topics 

besides pricing and incorporating 

congestion pricing only as one of a 

number of options. Such studies may be 

funded with regular Federal-aid 

highway or transit planning funds. 

Applications for pre-implementation 

studies will be evaluated based on the 

likelihood that they will lead to 

relatively near-term implementation of 

congestion pricing conforming to the 

objectives described in the section on 

Program Objectives. 

Project Costs Eligible for Grant Funding 

The FHWA will provide up to the 

statutorily allowable 80 percent share of 

the estimated costs of an approved 

project. Funds available for the VPP 

program can be used to support preimplementation study activities and 

also to pay for implementation costs of 

value pricing projects. Costs of planning 

for, setting up, managing, operating, 

monitoring, evaluating, and reporting on 

local congestion pricing pilot projects 

are eligible for reimbursement, but 

neither pre-implementation study costs 

nor implementation costs may be 

reimbursed for longer than 3 years. The 

3-year funding limitation will begin on 

the date of the first disbursement of 

Federal funds for project activities. 

Examples of specific preimplementation and implementation 

costs eligible for reimbursement include 

the following: 

1. Pre-Implementation Study Costs— 

Covered activities include those for 

foundation building, such as public 

participation, consensus building and 

marketing, modeling, and technology 

assessments. 

2. Implementation Costs—Allowable 

costs for reimbursement under this area 

include those for setting up, managing, 

operating, evaluating, and reporting on 

a value pricing project, including: 

a. Necessary salaries and expenses, or 

other administrative and operational 

costs, such as installation of equipment 

for operation of a pilot project, costs of 

monitoring and evaluating project 

operations, and costs of continuing 

public relations activities during the 

period of implementation; 

b. Mitigation measures to deal with 

any potential adverse financial effects 

on low-income drivers, per section 

1012(b)(7) of ISTEA as amended, 

including costs of providing 

transportation alternatives, such as new 

or expanded transit or ridesharing 

services provided as an integral part of 

the value pricing project. Funds are not 

available to replace existing sources of 

support for these services. 

Project implementation costs can be 

supported until such time that sufficient 

revenues are being generated by the 

project to fund such activities without 

Federal support, but in no case for 

longer than 3 years. Each 

implementation project included in a 

VPP program will be considered 

separately for this purpose. 

Funds may not be used to pay for 

activities conducted prior to approval 

for VPP program participation. 

Complementary actions, such as lane 

construction, the implementation of 

traffic control systems, or transit 

projects can be funded through other 

highway and transit programs under 

SAFETEA–LU and from new revenues 

raised as a result of a pilot. The VPP 

program applicants are encouraged to 

explore opportunities for combining 

VPP program funds with other funds. 

Federal funds may not, however, be 

used to match VPP program funds 

unless there is specific statutory 

authority to do so. 

Eligible Uses of Toll Revenues 

Section 1012(b)(2) of ISTEA as 

amended provides that toll revenues 

generated by any congestion pricing 

pilot project must be applied first to pay 

for pilot project operating costs. Any 

project revenues in excess of pilot 

project operating costs may, according 

to section 1012(b)(3) of ISTEA as 

amended, be used for any projects 

eligible under Title 23, U.S.C. A 

project’s operating costs include, but are 

not limited to, any costs necessary for a 

project’s execution; mitigation measures 

to deal with adverse financial effects on 

low-income drivers; the proper 

maintenance of the facility; any 

construction (including reconstruction, 

rehabilitation, restoration, or 

resurfacing) of the facility; any debt 

service incurred in implementing the 

project; and a reasonable return on 

investment by any private entity 

financing the project. States are 

encouraged to consider using excess toll 

revenue for projects designed to provide 

benefits to those traveling in the 

corridor where the project is being 

implemented. 

For VPP toll implementation projects, 

FHWA and the public authority 

(including the State transportation 

department) having jurisdiction over a 

facility must enter into a cooperative 

agreement concerning the use of toll 

revenue to be generated under a value 

pricing project. The cooperative 

agreement will provide that the public 

authority use the revenues in 

accordance with the applicable statutory 

requirements. The execution of a 

cooperative agreement is necessary to 

the establishment of an implementation 

project under the VPP program, and will 

facilitate oversight of a State’s 

compliance with revenue use 

requirements of the VPP program. 

Additionally, the toll collection system 

must meet FHWA requirements for 

interoperability at 23 CFR part 950. 

Who is eligible to apply? 

Qualified applicants for either tolling 

authority or grants (or both) include 

State or local governments or public 

authorities, such as toll agencies. 

Although project agreements must be 

with the aforementioned public entities, 

and preferably with State departments 

of transportation in order to preserve 

participation slots, a VPP program 

partnership may also include private 

tolling authorities, for-profit companies, 

and non-profit organizations. 

In many cases where only tolling 

authority is being sought, it may be 

preferable to secure such authority 

through a Federal program other than 

the VPP program even if such authority 

could also be granted through the VPP 

program. This issue was covered in 

detail in a January 6, 2006, Federal 

Register notice covering non-grant 

tolling programs, which remains in 

effect. That notice was entitled ‘‘Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU); Opportunities for 

States and Other Qualifying Agencies to 

Gain Authority to Toll Facilities 

Constructed Using Federal Funds’’ (71 

FR 965). The notice established a 

process whereby applicants seeking 

only tolling authority from FHWA (not 

grant funding) were requested to first 

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Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices 64401 

submit an Expression of Interest 

document to allow FHWA to guide 

applicants in determining whether the 

VPP program, or another program, is the 

preferable program under which to 

apply for such authority. The 

Expression of Interest is a document— 

in letter, memo, or report format—that 

provides the rationale for funding or 

tolling authority and information about 

the intended project. A complete 

Expression of Interest will enable the 

DOT Tolling and Pricing Team to 

provide the best assistance and identify 

the range of options possible to meet 

intended goals and timeframes. For 

details, please see: http:// 

www.fhwa.dot.gov/ipd/revenue/ 

road_pricing/tolling_pricing/index.htm. 

The Value Pricing Pilot Program 

Applications 

Formal grant applications shall be 

submitted through Grants.gov at http:// 

www.grants.gov by close of business 

January 18, 2011. Projects requesting 

tolling authority only should submit an 

Expression of Interest to FHWA. For 

details, see: http://www.fhwa.dot.gov/ 

ipd/revenue/road_pricing/ 

tolling_pricing/index.htm. 

No particular format is required for 

tolling authority applications or grant 

applications, although specific 

information is requested in Grants.gov. 

Applications should include the 

following background information: (a) 

The name, title, e-mail address, and 

phone number of the person who will 

act as the point of contact on behalf of 

the requesting agency, authority, or 

authorities; (b) A description of the 

agency, authority, or authorities 

requesting funding and/or tolling 

authority; (c) A statement as to whether 

only funding, both funding and tolling 

authority, or only tolling authority via 

the VPP program is being sought to 

support either pre-implementation or 

implementation activities as permitted; 

and (d) A description of the public 

agency or agencies that will be 

responsible for operating, maintaining, 

and enforcing the tolling program, if 

applicable. 

The core of the application should 

include the following: 

1. A description of the congestion 

problem being addressed (current and 

projected); 

2. A description of the proposed 

pricing program and its goals; 

3. An identification and description of 

the facilities, systems, or area that will 

be covered; 

4. Anticipated effects of the pricing 

program on reducing congestion, 

altering travel behavior, and 

encouraging the use of other 

transportation modes; 

5. An identification of how the 

proposal addresses goals related to 

livability, sustainability, equity, 

congestion reduction, safety, and state 

of good repair as outlined in the 

Evaluation Criteria section below; 

6. Preliminary estimates of the social 

and economic effects of the pricing 

program, including potential equity 

impacts, and a plan or methodology for 

further refining such estimates; 

7. The role of alternative 

transportation modes in the project; 

8. A description of the tasks to be 

carried out as part of each phase of the 

project; 

9. A detailed project timeline broken 

down by tasks and phases; 

10. An itemized budget broken down 

by task and funding year (i.e., Year 1, 

Year 2, etc.), which is only required for 

grant applications; 

11. Plans for monitoring and 

evaluating implementation projects, 

including plans for data collection and 

analysis, before and after assessment, 

and long-term monitoring and 

documenting of project effects; 

12. A detailed finance and revenue 

plan, including (for implementation 

projects) a budget for capital and 

operating costs; a description of all 

funding sources, planned expenditures, 

and proposed uses of revenues; and a 

plan for projects to become financially 

self-sustaining (without Federal 

support) within 3 years of 

implementation, all of which is only 

required for grant applications; 

13. A discussion of previous public 

involvement, including public meetings, 

in the development of the proposed 

pricing program; any expressions or 

declarations of support from State or 

local government officials or the public; 

future plans for involving key affected 

parties, coalition building, and media 

relations, and more broadly for ensuring 

adequate public involvement prior to 

implementation; 

14. Plans for meeting all Federal, 

State, and local legal and administrative 

requirements for project 

implementation, including relevant 

Federal-aid planning and environmental 

requirements; 

15. A description of how, if at all, any 

private entities are involved in the 

project, either in spending grant funds 

or in cost sharing or debt retirement 

associated with revenues; and 

16. If tolling authority is sought, an 

explanation about how electronic toll 

collection project components will, if 

applicable, be compatible with other 

electronic toll collection systems in the 

region and allow motorists to pay toll 

charges incurred on any regional facility 

through a single account. 

If some of these items are not 

available or fully developed at the time 

a formal application for grant funding is 

submitted, applications will still be 

considered for funding support if they 

meet the interests of FHWA and if there 

is a strong indication that these items 

will be completed within a short time. 

VPP Program Process 

A. Requests for Funding 

To ensure that all projects receive fair 

and equal consideration for the limited 

available funds, FHWA requires formal 

grant applications to be submitted to 

http://www.grants.gov by close of 

business January 18, 2011 to be assured 

consideration for available FY 2010 and 

FY 2011 funds. Applicants may also 

submit an optional ‘‘sketch’’ or draft 

proposal, in a format selected by the 

applicant, to angela.jacobs@dot.gov by 

December 3, 2010, which FHWA will 

review and provide feedback on for the 

applicant to use in its formal grant 

application. Sketch or draft proposals 

received after this date may still be 

reviewed by and formally commented 

upon by FHWA at its discretion. For 

applications that had been submitted 

under the August 5, 2009, (74 FR 39138) 

solicitation that were not funded (for a 

list of projects funded from that 

solicitation, see: http:// 

www.fhwa.dot.gov/pressroom/ 

fhwa1029.htm), and where such 

applications would still be eligible for 

funding under the criteria provided by 

this notice, applicants may submit a 

letter to angela.jacobs@dot.gov at 

FHWA by November 18, 2010, 

requesting comments on their previous 

applications. 

B. Projects for Which No Funds Are 

Requested 

Although most projects under the VPP 

program involve program funds, some 

projects do not, and instead only seek 

tolling authority under the program. In 

such cases, and especially where a State 

is not already part of the VPP program, 

FHWA recommends that the public 

authority investigate the other 

opportunities to gain authority to toll 

that are listed in the notice in the 

January 6, 2006, Federal Register, 

entitled ‘‘SAFETEA–LU; Opportunities 

for State and Other Qualifying Agencies 

to Gain Authority to Toll Facilities 

Constructed Using Federal Funds’’ (71 

FR 965). 

C. Proposal Evaluation Criteria 

All proposals will be evaluated based 

on these core outcome measures, with 

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64402 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices 

pre-implementation proposals evaluated 

based upon their projected effects on 

these measures if they are later to lead 

to implementation: 

Livability 

To what extent will the project 

directly enhance livability by: 

• Improving neighborhood design 

and facilitating compact form (e.g., if 

parking pricing curtails demand, thus 

allowing alternative uses for land 

dedicated to surface parking). 

To what extent will forecasted 

reductions in traffic make available: 

• An opportunity for traffic calming 

and human-scale design enhancements. 

• More road space to accommodate 

pedestrians and bicyclists by reducing 

the amount of road space needed to 

accommodate motor vehicles in motor 

vehicle travel lanes. 

• Faster bus travel and better bus stop 

designs. 

To what extent will revenue from 

pricing contribute to: 

• Infrastructure costs for pedestrian 

and bicycle improvements. 

• Transit infrastructure and 

operations. 

• Ridesharing programs. 

Sustainability 

To what extent will forecasted 

reductions in traffic: 

• Reduce greenhouse gas emissions, 

improve energy efficiency, and reduce 

dependence on fossil fuels. 

• Reduce air, water, and noise 

pollution and damage to ecosystems. 

• Support transit-oriented land 

development. 

To what extent will revenue from 

pricing contribute to: 

• Funding of a multimodal 

transportation system that meets the 

sustainability objectives listed 

immediately above. 

Equity 

To what extent will costs and benefits 

be distributed so that: 

• Low-income travelers or other 

transportation disadvantaged groups 

pay less on average for their travel or 

have a better travel experience at the 

same cost. 

To what extent will revenues be used 

to: 

• Provide accommodations that are 

especially important to low-income 

travelers or other transportation 

disadvantaged groups. 

To what extent are equity impacts 

mitigated so that: 

• Concerns of low-income or other 

transportation disadvantaged groups are 

addressed. 

Congestion Reduction 

To what extent will forecasted 

reductions in traffic: 

• Reduce traffic congestion and delay 

experienced by the freight sector. 

• Reduce traffic congestion and delay 

experienced by personal travelers. 

• Maximize economic return on 

existing investment by optimizing use of 

the existing transportation 

infrastructure. 

To what extent will revenue from road 

pricing: 

• Provide signals for where new 

multimodal transportation capacity 

(including transit, bike, pedestrian, 

ridesharing, etc.) is really needed and 

provide revenues to pay for it, while at 

the same time reducing the need for 

highway expansion. 

Safety 

To what extent will direct safety 

benefits be provided by: 

• Shifts from driving alone to safer 

modes of travel. 

• Reduced driving overall, and unsafe 

driving in particular, for example by 

rewarding drivers with reduced 

insurance premiums for cutting 

exposure to crashes and insurance 

claims. 

To what extent will forecasted 

reductions in traffic: 

• Reduce collisions, including 

secondary crashes caused by stalled 

traffic. 

• Make more road space available to 

provide safer pedestrian and bicycle 

accommodations. 

To what extent will revenue from 

pricing contribute to: 

• Costs for roadway safety 

improvements. 

• Costs for pedestrian and bicycle 

improvements. 

State of Good Repair 

To what extent will forecasted 

reductions in traffic: 

• Reduce highway expansion needs 

thereby making more existing revenues 

available to repair, reconstruct and 

rehabilitate the existing system. 

To what extent will revenue from 

pricing be used to: 

• Repair, reconstruct, and rehabilitate 

the existing highway, transit, bikeway, 

and pedestrian systems. 

In addition to these outcome-oriented 

goals, FHWA will also evaluate 

proposals based on the following 

criteria: 

(1) The degree to which new, 

innovative value pricing approaches are 

included; 

(2) The degree to which stakeholder 

groups, including (among others) 

business groups, environmental groups, 

and advocates for social equity, are 

involved in and supportive of the 

project, and the project is likely to win 

broad public support; 

(3) The degree to which the project is 

likely to lead to relatively near-term 

implementation; and 

(4) The degree to which it is 

demonstrated that the project is testing 

especially promising strategies such that 

their implementation will likely then be 

replicated broadly. 

Post-Selection Process 

If a proposal is approved, a formal 

cooperative agreement will be prepared 

between the FHWA and the State. The 

cooperative agreement will include a 

refined scope of work developed from 

the original funding application and 

subsequent discussions with FHWA. 

Federal statutes will govern the 

cooperative agreement. Regulations 

cited in the agreement, and 49 CFR Part 

18, Uniform Administrative 

Requirements for Grants and 

Cooperative Agreements to State and 

Local Governments, will also apply. 

Each value pricing project must have a 

separate cooperative agreement. 

Although in the past the FHWA has 

allowed some States to have a master 

cooperative agreement that is 

subsequently amended for each 

approved project, in the future the 

FHWA will execute a separate 

agreement for each project. For value 

pricing projects that involve only toll 

authority and that do not involve 

requests for Federal funds, a cooperative 

agreement must still be executed. 

Where the implementation of tolling 

is part of the VPP project, Federal 

tolling authority is required. To secure 

such authority for a VPP project, a 

cooperative agreement will be executed, 

regardless of whether VPP program 

funding is being provided. The 

cooperative agreement must include all 

of the information normally required as 

part of a tolling agreement (stipulating 

the terms of the tolling, providing 

details on the dispensation of revenues, 

etc.). A separate tolling agreement will 

generally not be required unless the 

FHWA determines that a separate 

agreement is the most efficient 

mechanism in light of the particular 

circumstances of the project. As 

discussed previously, revenues must 

generally first be used to cover the 

project’s operating costs, including debt 

service, provide reasonable return on 

private party investments, and be used 

for the costs necessary to properly 

operate and maintain the facility. Any 

remaining revenues may then be used 

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Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices 64403 

for other Title 23, U.S.C. eligible 

purposes. 

Where tolling authority is secured 

through a VPP program cooperative 

agreement, such an agreement will be 

signed by the Executive Director of 

FHWA. If tolling authority is not 

required, the cooperative agreement will 

be signed by the FHWA Division 

Administrator of the State Division 

Office. All cooperative agreements will 

be administered jointly by FHWA’s 

Office of Operations and FHWA’s State 

Division Office. 

Other Requirements 

Prior to FHWA approval of pricing 

project implementation, congestion 

pricing programs must be shown to be 

consistent with Federal metropolitan 

and statewide planning requirements 

(23 U.S.C. 134 and 135; and, if 

applicable, 49 U.S.C. 5303 and 5304). 

Implementation projects involving 

tolls outside metropolitan areas must be 

included in the approved statewide 

transportation improvement program 

and be selected in accordance with the 

requirements set forth in section 

1204(f)(3) of TEA–21. 

Implementation projects involving 

tolls in metropolitan areas must be: (a) 

Included in, or consistent with, the 

approved metropolitan transportation 

plan (if the area is in nonattainment for 

a transportation-related pollutant, the 

metropolitan plan must be in 

conformance with the State air quality 

implementation plan); (b) included in 

the approved metropolitan and 

statewide transportation improvement 

programs (if the metropolitan area is in 

a nonattainment area for a 

transportation related pollutant, the 

metropolitan transportation 

improvement program must be in 

conformance with the State air quality 

implementation plan); (c) selected in 

accordance with the requirements in 

section 1203(h)(5) or (i)(2) of TEA–21; 

and (d) consistent with any existing 

congestion management system in 

Transportation Management Areas, 

developed pursuant to 23 U.S.C. 

134(i)(3). 

Authority: 23 U.S.C. 315; sec. 1216(a), Pub. 

L. 105–178, 112 Stat. 107; Pub. L. 109–59; 

117 Stat. 1144. 

Issued on: October 12, 2010. 

Vı ́ctor M. Mendez, 

Federal Highway Administrator. 

[FR Doc. 2010–26298 Filed 10–18–10; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF THE TREASURY 

Submission for OMB Review; 

Comment Request 

October 13, 2010. 

The Department of the Treasury will 

submit the following public information 

collection requirements to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 on or after the date 

of publication of this notice. A copy of 

the submissions may be obtained by 

calling the Treasury Bureau Clearance 

Officer listed. Comments regarding 

these information collections should be 

addressed to the OMB reviewer listed 

and to the Treasury PRA Clearance 

Officer, Department of the Treasury, 

1750 Pennsylvania Avenue, NW., Suite 

11010, Washington, DC 20220. 

Dates: Written comments should be 

received on or before November 18, 

2010 to be assured of consideration. 

Internal Revenue Service (IRS) 

OMB Number: 1545–0112. 

Type of Review: Extension without 

change to a currently approved 

collection. 

Title: Form 1099–INT, Interest 

Income. 

Form: 1099–INT. 

Abstract: This form is used for 

reporting interest income paid, as 

required by sections 6049 and 6041 of 

the Internal Revenue Code. It is used to 

verify that payees are correctly reporting 

their income. 

Respondents: Private Sector: 

Businesses or other for-profits. 

Estimated Total Burden Hours: 

63,677,672 hours. 

OMB Number: 1545–0747. 

Type of Review: Revision of a 

currently approved collection. 

Title: IRA Contribution Information. 

Form: 5498. 

Abstract: Form-5498 is used by 

trustees and issuers to report 

contributions to, and the fair market 

value of, an individual retirement 

arrangement (IRA). 

Respondents: Private Sector: 

Businesses or other for-profits. 

Estimated Total Burden Hours: 

47,109,000 hours. 

Bureau Clearance Officer: R. Joseph 

Durbala, Internal Revenue Service, 1111 

Constitution Avenue, NW., Room 6129, 

Washington, DC 20224; (202) 622–3634. 

OMB Reviewer: Shagufta Ahmed, 

Office of Management and Budget, New 

Executive Office Building, Room 10235, 

Washington, DC 20503; (202) 395–7873. 

Dawn D. Wolfgang, 

Treasury PRA Clearance Officer. 

[FR Doc. 2010–26325 Filed 10–18–10; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Privacy Act of 1974, as Amended 

AGENCY: Internal Revenue Service, 

Treasury. 

ACTION: Notice of proposed alterations to 

three Privacy Act systems of records. 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

as amended, the Department of the 

Treasury, Internal Revenue Service 

(IRS), gives notice of proposed 

alternations to three Privacy Act 

systems of records related to the 

functions of the Office of Professional 

Responsibility (OPR): Treasury/IRS 

37.006, Correspondence, Miscellaneous 

Records, and Information Management 

Records; Treasury/IRS 37.007, 

Practitioner Disciplinary Records; and 

Treasury/IRS 37.009, Enrolled Agents 

and Resigned Enrolled Agents. 

DATES: Comments must be received no 

later than November 18, 2010. The 

proposed altered systems will become 

effective November 29, 2010, unless the 

IRS receives comments which cause 

reconsideration of this action. 

ADDRESSES: Comments should be sent to 

the Office of Governmental Liaison and 

Disclosure, Internal Revenue Service, 

1111 Constitution Avenue, NW., 

Washington, DC 20224. Comments will 

be available for inspection and copying 

in the IRS Freedom of Information 

Reading Room (Room 1621) at the above 

address. The telephone number for the 

Reading Room is (202) 622–5164 (not a 

toll-free number). 

FOR FURTHER INFORMATION CONTACT: Earl 

Prater, Senior Counsel, OPR, at (202) 

622–8018 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: The 

regulations governing practice before 

the IRS, issued under the authority of 31 

U.S.C. 330, are set out at 31 CFR part 10, 

and are published in pamphlet form as 

Treasury Department Circular No. 230 

(Circular 230). As authorized by 31 CFR 

part 10, the Director, OPR, acts on 

applications for enrollment to practice 

before the IRS; makes inquiries with 

respect to matters under OPR’s 

jurisdiction; institutes and provides for 

the conduct of disciplinary proceedings 

relating to practitioners (attorneys, 

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