[Federal Register Volume 74, Number 13 (Thursday, January 22, 2009)]
[Notices]
[Pages 4069-4071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1174]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[FHWA Docket No. FHWA-08-0106]


Express Lanes Demonstration Program--Performance Goals for the 
Texas Department of Transportation Express Lanes IH-635/IH35E and North 
Tarrant Express Lanes Projects

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice; request for comments.

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SUMMARY: Section 1604(b)(7) of the Safe, Accountable, Flexible, 
Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) 
(Pub. L. 109-59; Aug. 10, 2005), authorizes the Secretary of 
Transportation (Secretary) to develop

[[Page 4070]]

and publish performance goals for each express lane project accepted 
under the Express Lanes Demonstration Program. This notice lists the 
Performance Goals, Monitoring and Reporting Program requirements for 
the I-635 (the LBJ Freeway) project in Dallas and North Tarrant Express 
project in Ft. Worth in the State of Texas.

DATES: Comments must be received on or before February 23, 2009.

ADDRESSES: Mail or hand deliver comments to: Docket Management 
Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, 
SE., Washington, DC 20590, or submit electronically at http://www.regulations.gov, or fax comments to (202) 493-2251.
    All comments should include the docket number that appears in the 
heading of this document. All comments received will be available for 
examination and copying at the above address from 9 a.m. to 5 p.m., 
e.t., Monday through Friday, except Federal holidays. Those desiring 
notification of receipt of comments must include a self-addressed, 
stamped postcard or may print the acknowledgment page that appears 
after submitting comments electronically. Anyone is able to search the 
electronic form of all comments in any one of our dockets by the name 
of the individual submitting the comment (or signing the comment, if 
submitted on behalf of an association, business, or labor union). You 
may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (Volume 65, Number 70, Pages 
19477-78) or you may visit http://DocketsInfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: For questions about this notice, 
contact Mr. Wayne Berman, Office of Operations, (202) 366-4069, 
(<a href="/cdn-cgi/l/email-protection#2275435b4c470c6047504f434c62464d560c454d54"><span class="__cf_email__" data-cfemail="b3e4d2caddd69df1d6c1ded2ddf3d7dcc79dd4dcc5">[email protected]</span></a>); for legal questions contact Mr. Michael 
Harkins, Attorney Advisor, Office of the Chief Counsel, (202) 366-4928, 
(<a href="/cdn-cgi/l/email-protection#4805212b20292d246600293a2321263b082c273c662f273e"><span class="__cf_email__" data-cfemail="b2ffdbd1dad3d7de9cfad3c0d9dbdcc1f2d6ddc69cd5ddc4">[email protected]</span></a>). The FHWA is located at 1200 New Jersey 
Avenue, SE., Washington, DC 20590. Office hours are from 7:45 a.m. to 
4:15 p.m., e.t., Monday through Friday, except Federal holidays.

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.

Background

    Section 1604(b) of SAFETEA-LU, established the Express Lanes 
Demonstration Program (ELDP). Under the ELDP, the Secretary must carry 
out 15 demonstration project during the period of fiscal years 2005 
through 2009 to permit States to collect a toll from motor vehicles at 
eligible toll facilities. On September 18, 2007, the Texas Department 
of Transportation (TxDOT) submitted an application to the FHWA for the 
I-635 (LBJ Freeway) managed lane project, which was approved on March 
19, 2008. Subsequently, TxDOT submitted an application to the FHWA for 
the North Tarrant Express managed lane project, which was approved on 
July 16, 2008.
    The I-635 project would consist of the construction of 28 miles of 
new managed (tolled) lanes as part of the reconstruction of portions of 
I-635 and I-35E in the Dallas area. The North Tarrant Express project 
would consist of the construction of approximately 36 miles of new 
managed (tolled) lanes as part of the reconstruction of portions of I-
820, I-35W, and State Highway 183 in the Fort Worth area.
    Pursuant to section 1604(b)(7) of SAFETEA-LU, the Secretary, in 
cooperation with the State, public authority, private entity, and other 
program participants must develop performance goals for each project 
and publish such goals for public comment. This notice lists, and 
solicits public comment on, the Performance Goals, Monitoring and 
Reporting Programs for the I-635 and North Tarrant Express Projects.

Performance Goals, Monitoring and Reporting Program

    The following describes the agreed upon Express Lane Demonstration 
Program's Performance Goals, Monitoring and Reporting Program for the 
I-635 and the North Tarrant Express Projects. This program has been 
developed cooperatively between TxDOT and FHWA.

A. Performance Goals

    The FHWA and TxDOT have identified the following three Performance 
Goals for the project. These Performance Goals reflect the priorities 
for the project at the State and local levels. The Performance Goals 
also reflect the goals of the Express Lanes Demonstration Project set 
forth in Federal law at SAFETEA-LU Section 1604(b).
    I. Effects on travel, traffic, and air quality.
    II. Distribution of benefits and burdens.
    III. Use of alternative transportation modes.
    IV. Use of revenues to meet transportation or impact mitigation 
needs.

B. Core Performance Measures

    The following Core Performance Measures will be utilized to focus 
the monitoring and reporting work undertaken to evaluate facility 
performance. The Performance Goals for which each Core Performance 
Measure will provide relevant information are indicated in parenthesis. 
Specific reporting items for each Core Performance Measure are listed 
immediately below it.
    Generally, facility performance will be assessed by reference to 
baseline values or trends for the reported items under the Core 
Performance Measures. The methodology for determining each baseline 
value or trend will be explained in detail in the Performance 
Monitoring and Evaluation Manual described below.
1. Travel-Time Reliability in Priced Lanes (I, II, III)
    <bullet> Report percentage of time that the managed lanes are 
operating at a minimum average speed of 50 miles per hour, broken down 
into daily averages for the a.m. peak, off-peak, and p.m. peak periods.
    <bullet> Report 95th percentile travel times for the managed lanes, 
broken down into daily averages for the a.m. peak, off-peak, and p.m. 
peak periods. (The 95th percentile represents the slowest traffic day 
each month.) This measure is reported in minutes.
    <bullet> Report the Buffer Index calculated to demonstrate 
performance in the managed lanes, broken down into daily averages for 
the a.m. peak, off-peak, and p.m. peak periods. The Buffer Index is the 
extra time that travelers must add to their average travel time when 
planning trips to ensure on-time arrival. (For example, a buffer index 
of 40 percent means that for a trip that usually takes 20 minutes a 
traveler should budget an additional 8 minutes to ensure on-time 
arrival most of the time. The 8 extra minutes is called the buffer 
time. Therefore, the traveler should allow 28 minutes for the trip in 
order to ensure on-time arrival 95 percent of the time.)
    <bullet> Report traffic volumes and traffic volume changes on a 
total and percentage-change basis annually, broken into daily averages, 
for daily total, by a.m. peak, off-peak, and p.m. peak the managed 
lanes by direction.
    <bullet> Report traffic speeds and traffic speed differences from 
the previous year (on a total and percentage-change basis)

[[Page 4071]]

annually, broken into daily averages, for daily total, by a.m. peak, 
off-peak, and p.m. peak for the managed lanes by direction.
    <bullet> Report actual number of incidents and identify the effect 
on lane availability for the managed lanes during this time, including 
the length of time each such lane was unavailable.
2. Changes in Mode Split/Ridership/Vehicle Occupancies of Priced vs. 
General Purpose Lanes (I, II, III)
    <bullet> Report number of declared HOVs for the year and 
differences from the previous year (on a total and percentage-change 
basis), broken into daily averages, by a.m. peak and p.m. peak for 
managed lanes.
    <bullet> Report number of buses (i.e. registered non-revenue 
accounts) for the year and differences from the previous year (on a 
total and percentage-change basis), broken into daily averages, by a.m. 
peak, off-peak, and p.m. peak for managed lanes.
    <bullet> Report average toll charged for the year and differences 
from the previous year (on a total and percentage-change basis), by 
vehicle type, broken into daily averages, by a.m. peak, off-peak, and 
p.m. peak for managed lanes.
    <bullet> If reasonably available, report ridership volumes for the 
year and differences from the previous year (on a total and percentage-
change basis), by vehicle type; SOV, HOV2+, HOV3+, Bus, Van Pool and 
Other, broken into daily averages by a.m. peak, off-peak, and p.m. peak 
for the general purpose lanes, managed lanes, and parallel access roads 
as applicable.
    <bullet> Report on the amount of vehicle miles traveled (VMT) for 
the year and differences from the previous year (on a total and 
percentage-change basis), by vehicle type; SOV, HOV2+, HOV3+, Bus, Van 
Pool and Other, broken into daily averages by a.m. peak, off-peak, and 
p.m. peak on the managed lanes.
    <bullet> Report Metropolitan Planning Organization (MPO) rideshare 
payments, HOV subsidy and other disbursements.
3. Transit Schedule Adherence (II, III)
    <bullet> To the extent the information is reasonably available, 
report on transit service reliability--percentage of on-time 
performance of transit service.
    <bullet> To the extent the information is reasonably available, 
report on any existing bus transit routes or sanctioned van-pool 
accounts utilizing the corridor in advance of opening the project for 
tolling. This is to be used as a benchmark for added bus transit routes 
or sanctioned van-pool accounts utilizing the corridor after tolling 
begins.
4. Application of Revenue Reinvestment (II, IV)
    <bullet> Report breakdown of the use of revenues.
    <bullet> Report percentage of revenue used to mitigate impacts.
5. Change in Criteria Pollutant Emissions for the Region (I)
    <bullet> Report on the concentrations of six criteria pollutants 
(particle pollution, ground-level ozone, carbon monoxide, sulfur 
oxides, nitrogen oxides, and lead) during the current year and 
differences from the previous year (on a total and percentage-change 
basis) utilizing reasonably available and reliable air quality 
reporting tools and mechanisms.
    <bullet> Utilize the results of the core performance sub-elements 
B.I(a) (Travel-time reliability in tolled lanes) and B.III(a) (Changes 
in mode split/ridership/vehicle occupancies of tolled vs. general 
purpose lanes) to the extent possible to assist in utilizing the 
NCTCOG's air quality modeling tools and mechanisms to demonstrate any 
reductions in criteria pollutant emissions.

C. Monitoring and Reporting Program

I. Performance Monitoring and Evaluation Manual
    Prior to commencement of pricing operations on the facility, TxDOT 
will prepare a Performance Monitoring and Evaluation Manual document 
that will describe the information to be collected, the methodology for 
identifying baseline values and approach for developing the annual 
reports that assess facility performance. It will serve as a tool to 
facilitate achievement of the performance goals identified in Part A by 
documenting the program for regular monitoring and reporting to be 
utilized in the assessment of the Core Performance Measures identified 
in Part B.
    The Performance Monitoring and Evaluation Manual will be in the 
form of an instruction manual, and will address the following subject 
areas.
    1. Project Overview
    2. Purpose and Need
    3. Organization of Document
    4. Overview of Project Goals
    5. Overview of Core Performance Measures
    a. Key Questions and definition of Core Performance Measures
    b. Description of how specific reported information relates to Core 
Performance Measures and Performance Goals
    6. Methodology for Determining Baseline Measurements
    7. Annual Monitoring Program Measurement Processes and Procedures
    8. Coordination with other Transportation Providers
    9. Reference Documentation Listing as Applicable
II. Monitoring and Reporting Annual Report
    The annual monitoring and reporting program measurement processes 
and procedures will be documented in an annual report that shall 
include the following sections.
    1. Project Information
    2. Performance Highlights
    3. Performance Summary
    4. Performance Details

D. Timeline and Process for Submission of ELDP Monitoring Report

    The annual reporting period for the Express Lanes Demonstration 
Program is between January 1st and December 31st of each year. Data 
collected and reported will align with this time period. The first 
year's data after tolling commences will be data collected from the 
date of service commencement to December 31st of that year.TxDOT's 
submission to FHWA of the Monitoring and Reporting Annual Report will 
occur no later than March 31st of each year.

    Authority: Section 1604(b)(7) of the Safe, Accountable, 
Flexible, Efficient Transportation Equity Act: A Legacy for Users 
(SAFETEA-LU) (Pub. L. 109-59; Aug. 10, 2005).

    Issued on: January 8, 2009.
Thomas J. Madison, Jr.,
Federal Highway Administrator.
[FR Doc. E9-1174 Filed 1-21-09; 8:45 am]
BILLING CODE 4910-22-P


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