[Federal Register Volume 63, Number 206 (Monday, October 26, 1998)]
[Notices]
[Pages 57154-57158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28475]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration
Federal Transit Administration
[FHWA Docket No. FHWA-98-4317]


Transportation Equity Act for the 21st Century; Interim 
Implementation of the Congestion Mitigation and Air Quality Improvement 
Program

AGENCY: Federal Highway Administration (FHWA), Federal Transit 
Administration (FTA), DOT.

ACTION: Notice; request for comments.

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SUMMARY: This document publishes interim implementation guidance on 
section 1110 of the Transportation Equity Act for the 21st Century 
(TEA-21), Pub. L. 105-178, 112 Stat. 107, for the congestion mitigation 
and air quality improvement program (CMAQ) to offer the opportunity for 
comment into the development of final guidance on this program. The 
interim guidance provides informational items on issues related the 
reauthorized CMAQ program, new provisions regarding eligible geographic 
areas under TEA-21, and guidance related to projects now eligible for 
CMAQ funds. With the exception of the issues discussed in this interim 
guidance, all provisions of the policy guidance issued on March 7, 1996 
(61 FR 50890, September 27, 1996) continue to apply. The FHWA and the 
FTA intend to issue final, comprehensive guidance on the new CMAQ 
program following opportunity for interested parties to comment. In 
addition, the FHWA and the FTA will host four forums in the near future 
to provide an opportunity for those directly involved to assist in 
developing the final guidance.

DATES: This interim guidance is effective October 26, 1998.
    Comments on the development of final guidance must be received on 
or before Monday, November 30, 1998.

ADDRESSES: Your signed, written comments must refer to the docket 
number appearing at the top of this document and you must submit the 
comments to the Docket Clerk, U.S. DOT Dockets, Room PL-401, 400 
Seventh Street, SW., Washington, DC 20590-0001. All comments received 
will be available for examination at the above address between 10 a.m. 
and 5 p.m., e.t., Monday and Friday, except Federal holidays. Those 
desiring notification of receipt of comments must include a self-
addressed, stamped envelope or postcard.

FOR FURTHER INFORMATION CONTACT: For the FHWA program office: Mr. 
Michael J. Savonis, Office of Environment and Planning, (202) 366-2080; 
For the FTA program office: Mr. Abbe Marner, Office of Planning, (202) 
366-4317; For legal issues: Mr. S. Reid Alsop, (202) 366-1371. Office 
hours are from 8 a.m. to 4:30 p.m., e.t., Monday through Friday, except 
Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Internet users can access all comments received by the U.S. DOT 
Dockets, Room PL-401, by using the universal resource locator (URL): 
http://dms.dot.gov. It is available 24 hours a day, 365 days each year. 
Please follow the instructions online for more information and help.
    An electronic copy of this document may be downloaded using a modem 
and suitable communications software from the Government Printing 
Office's Electronic Bulletin Board Service at (202) 512-1661. Internet 
users may reach the Federal Register's home page at: http://
www.nara.gov/fedreg and the Government Printing Office's database at: 
http://www.access.gpo.gov/nara.

Background

    In addition to the interim guidance which is included in this 
notice, the FHWA and the FTA would like input on a number of questions 
and issues related to the new flexibilities in the CMAQ program under 
TEA-21. Specific questions are listed later in this notice and 
interested parties are urged to provide written comments. Also, 
comments on any othe aspect of the CMAQ program are welcomed and will 
be taken into account in the development of final guidance.

    (Authority: 23 U.S.C. 315; sec. 1110, Pub. L. 105-178, 112 Stat. 
107 (1998); 49 CFR 1.48 and 1.51)

    Issued on: October 7, 1998.
Kenneth R. Wykle,
Gordon J. Linton,
FHWA Administrator.
FTA Administrator.

    The text of the interim implementation on the CMAQ program reads as 
follows:

I. Interim Implementation of the Congestion Mitigation and Air 
Quality Improvement Program

    Information: Interim Implementation of the Congestion Mitigation 
and Air Quality Improvement (CMAQ) Program.

Associate Administrator for Program Development, FHWA HEP-40/TPL-12 
Associate Administrator for Planning, FTA
Regional Federal Transit Administrators

[[Page 57155]]

Regional Federal Highway Administrators
Federal Lands Highway Program Administrator

    The CMAQ program was reauthorized in the recently enacted 
Transportation Equity Act for the 21st Century (TEA-21). The primary 
purpose of the CMAQ program remains the same: to fund projects and 
programs in nonattainment and maintenance areas which reduce 
transportation-related emissions. Some changes to the CMAQ program were 
included in TEA-21 however, and those changes are the subject of this 
Interim Guidance. The FHWA and FTA intend to issue final, comprehensive 
guidance on the new CMAQ program by December 1998 and will initiate a 
process for receiving stakeholder input on that guidance in the near 
future.
    This Interim Guidance provides: (1) Informational items on issues 
related to the reauthorized CMAQ program, (2) new provisions regarding 
eligible geographic areas under TEA-21, and (3) guidance related to 
projects now eligible for CMAQ funds. With the exception of the issues 
discussed in this Interim Guidance, all provisions of the March 7, 
1996, Guidance on the CMAQ program continue to apply.

1. Informational Items

1. a. Authorization Levels and Apportionment Formula
    Table 1 shows the CMAQ authorization levels by fiscal year (FY) as 
included in TEA-21. The CMAQ funds will be apportioned to States each 
year based upon the adopted apportionment formula as shown in Table 2. 
Following the apportionments, States are encouraged to suballocate CMAQ 
funds to the nonattainment and maintenance areas in each State. The 
States need to be mindful that the highest priority for CMAQ funds 
continues to be transportation control measures (TCMs) identified in 
the State implementation plan (SIP).

               Table 1.--TEA-21 CMAQ Authorization levels
------------------------------------------------------------------------
                                                             Amount
              Fiscal year authorization                    authorized
------------------------------------------------------------------------
FY 1998..............................................     $1,192,619,000
FY 1999..............................................      1,345,415,000
FY 2000..............................................      1,358,138,000
FY 2001..............................................      1,384,930,000
FY 2002..............................................      1,407,474,000
FY 2003..............................................      1,433,996,000
------------------------------------------------------------------------


                                   Table 2.--TEA-21 CMAQ Apportionment Formula
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                                           Classification at the time of annual
             Pollutant                                apportionment                        Weighting factor
----------------------------------------------------------------------------------------------------------------
Ozone (O3) or Carbon Monoxide (CO).  Maintenance....................................  .8
Ozone..............................  Submarginal....................................  .8
                                     Marginal.......................................  1.0
                                     Moderate.......................................  1.1
                                     Serious........................................  1.2
                                     Severe.........................................  1.3
                                     Extreme........................................  1.4
Carbon Monoxide....................  Nonattainment (for CO only)....................  1.0
Ozone and Carbon Monoxide..........  Ozone nonattainment or maintenance and CO        1.1  x  O3 factor
                                      maintenance.
                                     Ozone nonattainment or maintenance and CO        1.2  x  O3 factor
                                      nonattainment.
All States--minimum apportionment..  \1/2\ of 1 percent total annual apportionment    N/A
                                      of CMAQ funds.
----------------------------------------------------------------------------------------------------------------

1.b. Minimum Guarantee
    The TEA-21 provides a minimum guarantee that requires each State to 
receive funding in an amount not less than 90.5 percent of the 
estimated annual Federal gasoline tax payments that State pays into the 
Highway Trust Fund. Due to the minimum guarantee, the annual 
authorizations listed in Table 1 are the basic authorization levels and 
could be increased depending on actual Highway Trust Fund receipts.
1.c. Apportionment Formula
    The CMAQ funds are apportioned according to a formula based on air 
quality need which is calculated in the following manner. The 
population of each area in a State, that at the time of apportionment 
is a nonattainment or maintenance area for ozone and/or carbon monoxide 
(CO), is multiplied by the appropriate factor listed in Table 2. Key 
changes in the apportionment formula under TEA-21 are noted below.
     Areas that are designated and classified as submarginal 
and maintenance areas for ozone are now explicitly included in the 
apportionment formula;
     There are new weighting factors for CO nonattainment 
areas;
     The upper limit on the amount of CMAQ funds that the 
largest States (California, New York, and Texas) could receive is now 
lifted, ensuring that CMAQ apportionments more closely reflect needs 
based upon nonattainment and maintenance area designations and 
classifications in each State; and
     The freeze related to the apportionment formula due to 
language in the National Highway System Designation Act of 1995 has 
been lifted. This freeze had the effect of apportioning CMAQ funds 
based on nonattainment status as of 1994, regardless of whether 
redesignation had occurred. This approach has now been replaced by a 
formula using current designations and classification at the time of 
apportionment.
1.d. Minimum Apportionments
    Each State is guaranteed at least \1/2\ of 1 percent of each year's 
CMAQ authorized funding regardless of whether the State has any 
nonattainment or maintenance areas.

[[Page 57156]]

1.d.1. States Without a Nonattainment Area
    If a State does not have, and has never had, a nonattainment area, 
the State may use its minimum apportionment for any projects eligible 
under the STP, in addition to projects eligible under the CMAQ program. 
As noted in the March 7, 1996, guidance, such States are encouraged to 
give priority to the use of CMAQ program funds for the development of 
congestion management systems, public transportation facilities and 
equipment, and intermodal facilities and systems, as well as the 
implementation of projects and programs produced by those systems.
1.d.2. States With a Nonattainment Area
    Some of the States receiving minimum apportionments have 
nonattainment or maintenance areas. The population in these areas when 
weighted by the severity of the pollution is insufficient to bring 
these States CMAQ funds up to the minimum apportionment levels. 
Additional flexibility is granted under TEA-21 for these States. 
Specifically, a State receiving the minimum apportionment may use that 
portion of the funds not based on its nonattainment and maintenance 
area population for any project in the State eligible under the Surface 
Transportation Program (STP). The FHWA will provide a list of these 
States and a description of the flexibility granted them at a future 
date.
1.e. Transferability of CMAQ Funds
    States may transfer CMAQ funds to other programs according to the 
following provision. An amount not to exceed 50 percent of the State's 
annual apportionment may be transferred less the amount the State would 
have received if the CMAQ program was authorized at $1,350,000,000. Any 
transfer of such funds must still be obligated in nonattainment and 
maintenance areas. This increment of transferable funds will differ 
from year-to-year and State-to-State depending on overall authorization 
levels. Each year the FHWA and the FTA will inform each State how much 
of their CMAQ funding is transferable, if any.
1.f. Study on the Effectiveness of the CMAQ Program
    The TEA-21 directs the Secretary of Transportation and the EPA 
Administrator to enter into arrangements with the National Academy of 
Sciences to conduct a study on the effectiveness of the CMAQ program. 
Among other things, the study will evaluate the emissions reductions 
attributable to CMAQ funded projects. The results of the study will be 
provided to Congress not later than January 1, 2001. The study will be 
funded by deducting $500,000 per year from the total CMAQ 
apportionments for FY 1999 and FY 2000. More information about the 
status of this effort will be provided as the details and scope of this 
study are fully developed.

2. Eligible Geographic Areas

2.a. Maintenance Areas
    Maintenance areas that were designated nonattainment, but have 
since met the air quality standards are now explicitly eligible to 
receive CMAQ funding. Such areas must have met the classification 
requirements of the 1990 Clean Air Act Amendments when designated 
nonattainment (see 2.c. below) in order to be eligible.
    If a State has ozone or CO maintenance areas only, the State must 
now exclusively use its CMAQ funding in those areas contained within 
its borders. Previous guidance allowed such States flexibility to use 
their CMAQ funding for projects eligible under the STP if a State could 
demonstrate that it had sufficient funding to meet its air quality 
commitments within a maintenance area. Such flexibility is no longer 
allowed since maintenance areas are now included in the apportionment 
formula and the eligibility provisions require that CMAQ funding be 
used in nonattainment and maintenance areas.
2.b. Particulate Matter (PM-10) Nonattainment and Maintenance Areas
    Nonattainment and maintenance areas for PM-10 are also now 
explicitly eligible to receive CMAQ funding. Under the previous 
guidance, CMAQ funding had been extended to such areas under 
administrative discretion provided that two requirements were met. 
First, the EPA had to attest that progress toward attainment of the 
ozone and/or CO standards would not be delayed by funding PM-10 
mitigation projects under the CMAQ program. And second, the State had 
to notify all nonattainment and maintenance areas that PM-10 projects 
were to be funded. Now that the law explicitly recognizes these areas 
as eligible, such requirements are lifted.
    States that have PM-10 nonattainment or maintenance areas only 
(i.e., no ozone or CO nonattainment or maintenance areas) are granted 
additional flexibility under TEA-21. Since these areas are not included 
in the CMAQ apportionment calculation, the State may use its minimum 
apportionment for projects eligible under the STP or the CMAQ program 
anywhere in the State. However, such States are encouraged to use their 
CMAQ funds in the PM-10 nonattainment and maintenance areas.
2.c. Classification Criteria
    An area that is designated as a nonattainment area for ozone, CO or 
PM-10 under the Clean Air Act prior to December 31, 1997, is eligible 
for CMAQ funds provided that the area is also classified in accordance 
with sections 181(a), 186(a), or 188(a) or (b) of the Clean Air Act. 
This means that ozone nonattainment areas must be classified 
``marginal'' through ``extreme,'' and CO and PM-10 nonattainment areas 
must be classified either ``moderate'' or ``serious'' to be eligible 
for CMAQ funding. Submarginal ozone nonattainment areas are now 
included in the CMAQ apportionment formula, but are not mentioned in 
the eligibility criteria of TEA-21. To resolve this apparent oversight, 
we are extending CMAQ eligibility to submarginal ozone nonattainment 
areas. Areas that were designated with these classifications and 
subsequently redesignated to maintenance areas are also eligible.
2.d. Revised National Ambient Air Quality Standards (NAAQS)
    The CMAQ eligibility provisions under TEA-21 allow that any area 
designated as nonattainment after December 31, 1997, be eligible for 
CMAQ funding even though it may not be classified in accordance with 
the sections of the Clean Air Act cited above (see section 2.c.). This 
provision ensures that any areas designated nonattainment as a result 
of the revised ozone and PM air quality standards, promulgated in 1997, 
will be eligible for CMAQ funding. Such areas, however, will not be 
included in the apportionment formula since they will not be given 
classifications identified in the Clean Air Act Amendments of 1990 
(sections 181(a), 186(a), or 188(a) and (b)). Such areas that are 
subsequently redesignated to maintenance areas are also eligible.
2.e. Revocation of the 1-Hour Ozone Standard
    As part of the transition to the 8-hour ozone standard, EPA 
recently revoked the 1-hour standard in areas that had the requisite 3 
years of ``clean'' monitoring data. The list of areas for which the 1-
hour standard has been revoked is found in the June 5, 1998, Federal 
Register. Among this group, those areas that had approved maintenance 
plans by the effective date of the revocation June 5, 1998 will 
continue to have their

[[Page 57157]]

maintenance plans in full force. As maintenance areas, they will 
continue to be eligible for CMAQ funds and will be included in the 
annual apportionment formula. The conformity requirements will also 
continue to apply in these areas.
    Other areas among the group for which the 1-hour ozone standard has 
been revoked do not have approved maintenance plans. They may not have 
submitted a maintenance plan or the plan may not have been approved by 
June 5. These areas, then, are no longer designated nonattainment or 
maintenance relative to the 1-hour standard. As such, these areas will 
not be subject to the conformity requirements and they will no longer 
be able to meet the basic statutory requirement for CMAQ eligibility 
unless they are designated nonattainment or maintenance for CO and/or 
PM. In order to provide continuity in the transportation/air quality 
planning process, the FHWA and the FTA are establishing an interim 
period for these areas providing some continued eligibility under the 
CMAQ program. Air quality improvement projects in the first 3 years of 
the Transportation Improvement Program (TIP) will remain eligible for 
CMAQ funding, subject to the usual State and local direction regarding 
project selection. The metropolitan planning organizations (MPOs) in 
these areas will have 4 months from the date of this guidance to amend 
their TIPs in response to this guidance. After this time frame, CMAQ 
funding will be restricted to only CMAQ-eligible projects in the first 
3 years of the TIP.
    At the time of issuance of this interim guidance, EPA's policies 
regarding the revocation of the PM-10 standard were still under 
development. Issues affecting the distribution of CMAQ and eligibility 
under the program for areas affected by the revocation of the PM-10 
standard will be addressed in the final program guidance.

3. Newly Eligible Projects

3.a. Extreme Low-Temperature Cold Start Programs
    Projects intended to reduce emissions from extreme cold-start 
conditions are now eligible for CMAQ funding. This TCM is listed in 
Clean Air Act Section 108(f)(A)(1) and was heretofore excluded from 
eligibility for CMAQ funding. Examples of such projects include:
     Retrofitting vehicles and fleets with water and oil 
heaters; and
     Installing electrical outlets and equipment in publicly-
owned garages or fleet storage facilities.
3.b. Magnetic Levitation Transportation Technology Deployment Programs
    The CMAQ funds may be used to fund a portion of the full project 
costs (including planning, engineering, and construction) pursuant to 
Section 1218-Magnetic Levitation Transportation Technology Deployment 
Program of TEA-21. For these projects, the Federal share may be up to 
100 percent of the eligible costs.
3.c. Public Private Partnerships
    The TEA-21 provides greater access to CMAQ funds for projects which 
are cooperatively implemented by the public and private sectors and/or 
non-profit entities. Public/private initiatives are addressed in the 
existing CMAQ guidance (see section II.A.13); however, the new 
statutory language leads to several important changes regarding the 
eligibility of joint public/private initiatives.
    Proposed programs or projects no longer are required to be under 
the primary control of the cooperating public agency. Also, two of the 
three criteria which helped to define eligibility for joint public/
private ventures in the March 1996 CMAQ guidance will no longer apply 
since the restrictions are not supported by the new statutory language. 
These criteria were: That the activity normally be a public sector 
responsibility, and that private ownership be shown to be cost-
effective. The third criterion, noting the public agency's 
responsibility to oversee and protect the investment of Federal funds 
in a public/private partnership, continues to apply.
    Eligible activities under the public/private partnership provisions 
include:
     Ownership or operation of land, facilities or other 
physical assets;
     Cost-sharing of project expenses;
     Carrying out administration, construction management or 
operational duties associated with a project; and
     Any other form of participation approved by the U.S. DOT 
Secretary.
    While the new statute provides greater latitude in funding projects 
initiated by private or non-profit entities, it also raises concerns 
about the use of public funds to benefit a specific private entity. 
Since the public benefit is in air quality improvement, it is expected 
that future funding proposals involving private entities will 
demonstrate strong emission reduction benefits. Furthermore, this new 
flexibility requires that greater emphasis be placed on an open, 
participatory process leading up to the selection of projects for 
funding. Because of concerns about the equitable use of public funds, 
the FHWA and the FTA consider it essential that all interested parties 
have full and timely access in the process of selecting projects for 
CMAQ funding. This could involve open solicitation for project 
proposals; objective criteria developed for rating candidate projects; 
and announcement of selected projects.
    Until more comprehensive guidance is issued, all requests for CMAQ 
funding involving public/private initiatives must be forwarded by the 
FHWA and the FTA field offices to Headquarters for review and prior 
concurrence prior to project approval.
    Eligible costs under this section may not include costs to fund an 
obligation imposed on private sector or non-profit entities under the 
Clean Air Act or any other Federal law. For example, CMAQ funds may not 
be used to fund mandatory control measures such as Stage II Vapor 
Recovery requirements placed on fuel sellers.
    The TEA-21 contained special provisions for alternative fuel 
projects that are part of a public/private partnership. For purchase of 
privately-owned vehicles or fleets using alternative fuels, activities 
eligible for CMAQ funding is limited to the incremental cost of an 
alternative fueled vehicle compared to a conventionally fueled vehicle. 
Further, if other governmental funds are used for vehicle purchase in 
addition to CMAQ funds, such governmental funds must be applied to the 
incremental cost before CMAQ funds are applied. For transit vehicles 
and other publicly-owned vehicles or fleets, the provisions of the 
March 7, 1996, Guidance continue to apply. Fleet conversions no longer 
need to be specifically identified or included in the SIP or 
maintenance plan in order to be eligible for CMAQ funding. It is 
recommended however, that consideration of such projects be coordinated 
with air quality agencies prior to selection for funding under the CMAQ 
program. This coordination will ensure that such projects are 
consistent with SIP strategies to attain the NAAQS or in maintenance 
plans to ensure continued maintenance of the NAAQS.
    Decisions over which projects and programs to fund under CMAQ 
should continue to be made through a cooperative process involving the 
State departments of transportation, affected MPOs, and State and local 
air quality agencies. All projects funded with CMAQ funds must be 
included in conforming transportation plans and TIPs in accordance with 
the

[[Page 57158]]

metropolitan planning regulations of October 28, 1993 (23 CFR 450.300) 
and the transportation conformity requirements (40 CFR parts 51 and 93, 
August 15, 1997).
4. Other Provisions--Federal Share Increase for Transit Vehicle Control 
Systems
    The TEA-21 amends 23 U.S. C. 120 (c) to allow an increased Federal 
share for transit vehicle priority control systems. Section 120 of 
Title 23 (see Attachment 3) is amended to provide that the Federal 
share of funding for priority control systems for transit vehicles may 
be up to 100 percent.

II. Questions and Issues on Which the FHWA and the FTA Seek Input

    The FHWA and the FTA would like comments on the following questions 
from interested parties, as well as suggestions on how these issues 
might be addressed in final CMAQ guidance:
    1. Public-Private Partnerships: TEA-21 provides greater access to 
CMAQ funds for projects which are cooperatively implemented by the 
public and private sectors and/or non-profit entities. The new statute 
now allows private and non-profit entities to own and operate land, 
vehicles, and facilities with CMAQ program funds. Three key changes to 
eligibility follow: (1) Proposed programs or projects no longer are 
required to be under the primary control of the cooperating public 
agency; (2) the activity to be funded no longer is required to be 
normally a public-sector responsibility; and (3) it is no longer 
necessary to demonstrate that private ownership of a CMAQ-funded 
project is cost-effective. Below are key questions raised by this new, 
broad flexibility now available to fund public-private initiatives.
    1.a. Concerns arise about unfair competitive advantage when public 
funds will be used for a project owned and/or operated by a private 
entity. Are there ways to ensure that the public funding (CMAQ) is 
limited to the production of a public benefit--air quality improvement?
    1.b. In implementing this provision, the FHWA and the FTA believe 
it is important to maintain an open and participatory process in the 
selection of projects or activities to receive CMAQ funding. How can 
the Federal, State, and local agencies insure that an open process for 
project selection is preserved?
    1.c. What safeguards, agreements or other mechanisms should be 
employed to protect the public investment and insure that joint public/
private projects funded under the CMAQ program are used for their 
intended public purpose, which is to improve air quality?
    1.d What are the implications of these new flexibilities on the 
transportation/air quality planning process? For transportation 
conformity?
    2. Telecommuting: Currently, eligibility for expenses related to 
telecommuting programs is limited to planning, technical and 
feasibility studies, training, coordination and promotion. Purchase of 
computer and office equipment for public agencies and related 
activities are not eligible. Should CMAQ eligibility be expanded to 
include these costs?
    3. Alternative Fuel Vehicles: Under the interim guidance and under 
TEA-21, CMAQ eligibility under the public-private partnership 
provisions is limited to the incremental cost of a new alternative fuel 
vehicles as compared to a conventionally fueled vehicle of the same 
type. Should this policy be extended to projects that will provide for 
the use of alternative fuels for publicly owned vehicles and vehicle 
fleets (other than vehicles used for public transit services)?
    4. Traffic Calming Measures: While traffic calming is generally 
considered to have positive environmental impacts, when viewed in the 
context of the speed-emissions profiles inherent in the MOBILE 5a 
model, traffic calming measures appear to increase hydrocarbon and CO 
emissions by lowering speeds. Should traffic calming projects be 
categorically excluded from CMAQ funding or should they be considered 
for eligibility on a case-by-case basis?
    5. Experimental Pilot Projects: A July 1995 revision to the CMAQ 
Guidance created the flexibility to fund ``experimental pilot'' 
projects. The types of projects were not specified. The hope was to 
encourage innovative activities that held promise for reducing 
emissions. To date, this provision has been little used. What can the 
FHWA and the FTA do to encourage the implementation of experimental 
projects under this provision?
    6. Fare/Fee Subsidy Program: The current CMAQ Guidance allows for 
partial, short-term subsidies of transit/paratransit fares as a means 
of encouraging transit use. Transit agencies have used this provision 
to offer reduced fares on ``ozone alert'' days. Should this provision 
be changed to allow ``free fares''? Should the provision be loosened to 
allow a broader period of coverage, i.e., throughout the high-ozone 
season rather that individual episodes?
    7. High Occupancy Toll (HOT) Lanes: A congestion pricing strategy 
that allows limited use of High Occupancy Vehicle (HOV) lanes by single 
occupant vehicles is known as a HOT lane. Should projects to fund the 
development and/or operation of HOT lanes be eligible under the CMAQ 
program?
    8. Reporting Requirements: The reporting requirements under ISTEA 
have enabled the FHWA and the FTA to collect valuable information about 
the uses of CMAQ funds and benefits of CMAQ-funded projects. Do you 
have any suggestions on how to improve upon the quality of data and 
information provided in annual reports? Would you use an electronic 
reporting format if that option were available to you? Do you have any 
suggestions on how to improve the reporting requirements and minimize 
the administrative burden of reporting on CMAQ-funded projects?

[FR Doc. 98-28475 Filed 10-23-98; 8:45 am]
BILLING CODE 4910-22-P