[Federal Register Volume 66, Number 88 (Monday, May 7, 2001)]
[Pages 23077-23081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11403]



Federal Highway Administration

[FHWA Docket FHWA-98-4300]

Transportation Equity Act for the 21st Century; Implementation 
for Participation in the Value Pricing Pilot Program

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice; solicitation for participation.


SUMMARY: This notice invites State or local governments or other public 
authorities to make applications for participation in the Value Pricing 
Pilot Program (Pilot Program) authorized by section 1012(b) of the 
Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) 
(Public Law 102-240, 105 Stat. 1914), as amended by 1216(a) of the 
Transportation Equity Act for the 21st Century (TEA-21) (Public Law No. 
105-178, 112 Stat. 107 (1998)) and presents guidelines for program 
applications. This notice updates an October 5, 1998, notice by 
providing revised procedures, processes and timelines. This document 
also describes the statutory basis for the Pilot Program and procedures 
that will be used to implement the program. The FHWA will accept 
comments on these administrative guidelines throughout the life of the 
Pilot Program and, as necessary, will issue additional guidance in 
response to public comments and program experience.

DATES: The solicitation for participation in the Pilot Program will 
continue to be held open until further notice. To ensure that all 
projects receive fair consideration, the FHWA encourages all potential 
grant applicants to submit their proposals no later than October 1, 
2001, for fiscal year (FY) 2002 funds and October 1, 2002, for FY 2003 

FOR FURTHER INFORMATION CONTACT: Mr. Patrick DeCorla-Souza, Highway 
Pricing and System Analysis Team (202) 366-4076; or Mr. Steven Rochlis, 
Office of the Chief Counsel, (202) 366-1395; FHWA, 400 Seventh Street, 
SW., Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 
p.m., e.t., Monday through Friday, except Federal holidays.


Electronic Access

    You may submit or retrieve comments online through the Document 
Management System (DMS) at: http://dms.dot.gov/submit. Acceptable 
formats include: MS Word (versions 95 to 97), MS Word for Mac (versions 
6 to 8), Rich Text File (RTF), American Standard Code Information 
Interchange (ASCII)(TXT), Portable Document Format (PDF), and 
WordPerfect (versions 7 to 8). The DMS is available 24 hours each day, 
365 days each year. Electronic submission and retrieval help and 
guidelines are available under the help section of the web site.
    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

[[Page 23078]]

Government Printing Office's database at: http://www.access.gpo.gov/nara.


    Section 1012(b) of the ISTEA, as amended by section 1216(a) of the 
TEA-21, authorizes the Secretary of Transportation (the Secretary) to 
create a Pilot Program by entering into cooperative agreements with up 
to 15 State or local governments or other public authorities, to 
establish, maintain, and monitor local value pricing pilot programs. 
The statute provides that any value pricing project included under 
these programs may involve the use of tolls on the Interstate system. 
This is an exception to the general provisions concerning tolls on the 
Interstate system as contained in 23 U.S.C. 129 and 301. A maximum of 
$11 million is authorized for each of the fiscal years 2000 through 
2003 to be made available to carry out Pilot Program requirements. The 
Federal share payable under the program is 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 three 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 Pilot Program, but not allocated, exceeds $8 
million, the excess amount will be apportioned to all States for 
purposes of the Surface Transportation Program.
    Funds available for the Pilot Program can be used to support pre-
project study activities and to pay for implementation costs of value 
pricing projects.
    Section 1216(a)(5) of the TEA-21 amends section 1012(b) of the 
ISTEA by adding subsection (6) which 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 value pricing 
pilot program under this section. This is an exception to the general 
provision contained in 23 U.S.C. 102, that no fewer than two occupants 
per vehicle are allowed on HOV lanes. Potential financial effects of 
value pricing projects on low-income drivers shall be considered and, 
where such effects are expected to be significant, possible mitigation 
measures should be identified, such as providing new or expanded 
transit service as an integral part of the value pricing project. The 
costs of such mitigation measures can be included as part of the value 
pricing project implementation cost. The Secretary is required to 
report to Congress every two years on the effects of local value 
pricing pilot programs.
    The Value Pricing Pilot Program is a continuation of the Congestion 
Pricing Pilot Program authorized by section 1012(b) of the ISTEA. Under 
this program, pricing projects have reached the implementation stage in 
San Diego, California; Lee County, Florida; Houston, Texas; and San 
Francisco, California. In addition, pre-program planning activities 
have been completed or are on-going in the following States: Oregon, 
California, Colorado, Minnesota, Washington, Florida, Maryland, Texas, 
and New York. Funds were also used to support the California DOT's 
monitoring and evaluation study of the private, variable-priced toll 
lanes along State Route 91 in Orange County, California.

Discussion of Comments

    The FHWA received three comments to our previous notice published 
on October 5, 1998, at 63 FR 53487. One was a comment from a private 
citizen, one from a metropolitan planning organization, and one from a 
national trade association. Two of the comments were favorable. The 
third commenter, a national trade association expressed support for the 
value pricing concept. However, as a matter of policy, the association 
opposes new or increased peak period tolls on Interstate highways 
because it does not consider such tolls to be efficient and truckers do 
not have the same flexibility with regard to their schedules as 
motorists engaged in personal travel. However, based on the pilot 
projects to date that have implemented pricing programs on Interstates, 
tolling has only been implemented on special-use lanes, and has 
actually improved traffic flow slightly in the regular unrestricted use 
lanes by shifting some traffic from them to the tolled lanes.


    The purpose of this notice is to provide general information about 
the Pilot Program and the FWHA's plans for implementing the program, 
and to invite State or local governments or other public authorities to 
make applications for participation in the Pilot Program.


    ``Value pricing,'' ``congestion pricing,'' ``peak-period pricing,'' 
``variable pricing,'' or ``variable tolling,'' are all terms used to 
refer to direct time-of-travel charges for road use, possibly varying 
by location, time of day, severity of congestion, vehicle occupancy, or 
type of facility. By shifting some trips to off-peak periods, to mass 
transit or other higher-occupancy vehicles, or to routes away from 
congested facilities, or by encouraging consolidation of trips, value 
pricing charges are intended to promote economic efficiency both 
generally and within the commercial freight sector. They also reduce 
congestion, improve air quality, conserve energy, and meet transit 
productivity goals.
    A ``value pricing project'' means any implementation of value 
pricing concepts or techniques meeting the definitions contained in 
this notice and included under a ``local value pricing pilot program'' 
under this section, where a local value pricing pilot program includes 
one or more value pricing projects serving a single geographic area, 
such as a metropolitan area. ``Cooperative agreement'' means the 
agreement signed between the FHWA and a State or local government, or 
other public authority to implement local value pricing pilot programs 
under this section (See 49 CFR part 18).

Program Objective

    The overall objective of the Pilot Program is to support efforts by 
State and local governments or other public authorities to establish 
local value pricing pilot programs, to provide for the monitoring and 
evaluation of value pricing projects included in such programs, and to 
report on their effects. While the Pilot Program's primary focus is on 
value pricing on roads, consideration will also be given to the use of 
other market-based approaches to congestion relief, such as parking 
pricing, freight access pricing, electronic payment services linked to 
value pricing, or pay-as-you-drive services, such as usage based auto 
insurance, provided the project incorporates significant price 
variations by time, location, and/or level of congestion.

Potential Project Types

    The FHWA is seeking proposals to use value pricing projects to 
reduce congestion, improve system performance, and promote mobility. 
Value pricing charges are expected to accomplish this purpose by 
encouraging the use of alternative times, modes, routes, or trip 
patterns. To increase the likelihood of generating information on a 
variety of useful value pricing strategies, proposed projects having as 
many of the following characteristics as possible will receive highest 
priority for Federal support. Projects of interest include:
    1. Applications of value pricing which are comprehensive, such as 
area wide pricing, pricing of multiple facilities or corridors, and/or

[[Page 23079]]

combinations of road pricing and parking pricing.
    2. Pricing may be available at key traffic bottlenecks, single 
traffic corridors, or pricing on single highway facilities, including 
bridges and tunnels. Proposals to shift from a fixed to a variable toll 
schedule on existing toll facilities are encouraged (i.e., combinations 
of peak-period surcharges and off-peak discounts). Pricing of queue 
jumps is also eligible. A queue jump is defined as a facility that can 
be used by certain types of traffic to bypass points on the 
transportation network where congestion is particularly severe and 
occurs in a predictable pattern (colloquially called ``bottlenecks''). 
Queue jumps can be as elaborate as an elevated facility or as simple as 
an at-grade lane addition.
    3. There are other applications of value pricing that are also 
acceptable, including pricing on lanes otherwise reserved for high 
occupancy vehicles, known as high occupancy toll (HOT) lanes, or 
pricing on newly constructed lanes. Highest priority will be given to 
lane pricing proposals that cover multiple facilities and/or offer 
innovative pricing, enforcement, or operational technologies. In order 
to protect the integrity of HOV programs, the FHWA will give priority 
to those HOT lane proposals where it is clear that an HOV lane is 
underutilized and where local officials can demonstrate that the pilot 
project would not undermine a long term regional strategy to increase 
ridesharing. In addition, areas proposing HOT lane projects are 
encouraged to use revenues from the project to promote improved transit 
service or other programs that will encourage transit use and 
    4. Innovative time-of-day parking pricing strategies, provided the 
level and coverage of proposed parking charges, is sufficient to reduce 
congestion. Parking pricing strategies that are integrated with other 
market-based pricing strategies (e.g., value pricing) are encouraged. 
Parking pricing strategies should be designed to influence trip-making 
behavior, and might include peak-period parking surcharges, or policies 
such as parking cash-out, where cash is offered to employees in lieu of 
subsidized parking. Pricing of a single parking facility, coverage of a 
few employee spaces, or pricing of parking spaces in a small area, for 
example, are unlikely to receive priority treatment, unless they 
incorporate a truly unique element which might facilitate broader 
applications of value pricing across local areas and States.
    5. Projects with anticipated value pricing charges that have as the 
key characteristic that they are targeted at vehicles causing 
congestion, and are set at levels significant enough to encourage 
drivers to use alternative times, routes, modes, or trip patterns 
during congested periods, are likely to receive favorable 
consideration. Proposed projects that contemplate value pricing charges 
that are not significant enough to influence demand, such as minor 
increases in fees during peak-periods, or moderate toll increases 
instituted primarily for financing purposes, will be given low 
    6. Projects that are likely to add to the base of knowledge about 
the various design, implementation, effectiveness, operational, and 
acceptability dimensions of value pricing are eligible for 
consideration under the Pilot Program. The FHWA is seeking information 
related to the impacts of value pricing on the following: travel 
behavior (mode use, time-of-travel, trip destinations, trip generation, 
etc., by private and commercial trips); on traffic conditions (trip 
lengths, speeds, level of service); on implementation issues 
(technology, innovative pricing techniques, public acceptance, 
administration, operation, enforcement, legality, institutional issues, 
etc.); on revenues, their uses and financial plans; on different types 
of users and businesses; and on measures designed to mitigate possible 
adverse impacts and their effectiveness. These diverse information 
needs mean that the FHWA may fund different types of value pricing 
applications in different local contexts to maximize the potential of 
the pilot program.
    7. Projects that do not have adverse effects on alternative routes 
or modes, or on low-income or other transportation disadvantaged 
groups, are encouraged under the Pilot Program. If such effects are 
anticipated, proposed pricing programs should incorporate measures to 
mitigate any major adverse impacts, including enhancement of 
transportation alternatives for peak-period travelers, services such as 
``life-line'' toll rates aimed at low income travelers, and toll 
credits earned by motorists in regular lanes which can be used to pay 
tolls on priced lanes.
    While the FHWA is seeking proposals that incorporate some or all of 
these project characteristics, these guidelines are intended only to 
illustrate selection priorities, not to limit potential program 
participants from proposing new and innovative pricing approaches for 
incorporation in the program.

Pre-Project Studies

    A small amount of Pilot Program funds will be used to assist State 
and local governments in carrying out pre-project study activities 
designed to lead to implementation of a value pricing project, 
including activities such as pre-project planning, public 
participation, consensus building, modeling, impact assessment, 
financial planning studies, and work necessary to meet any Federal or 
State environmental or other planning requirements that assist in 
establishing value pricing projects and programs. The intent of the 
pre-project study phase of the Pilot Program is to support efforts to 
identify and evaluate value pricing project alternatives, and to 
prepare the necessary groundwork for possible future implementation. 
Purely academic studies of value pricing (not designed to lead to 
possible project implementation), or broad, area-wide planning studies 
which incorporate value pricing as an option, will not be funded under 
this program. Broad planning studies can be funded with regular 
Federal-aid highway or transit planning funds. Proposals for pre-
project studies will be selected based on the likelihood that they will 
lead to implementation of pilot tests of value pricing meeting the 
characteristics described in the previous section.

Eligible Costs

    Funds available for the Pilot Program can be used to support pre-
project study activities and to pay for implementation costs of value 
pricing projects. Costs eligible for reimbursement include costs of 
planning for, setting up, managing, operating, monitoring, evaluating, 
and reporting on local value pricing pilot projects. Examples of 
specific costs eligible for reimbursement include the following:
    1. Pre-Project Study Costs--Pre-project study activity costs 
allowed include: pre-project planning, public participation, consensus 
building, marketing, impact assessment, modeling, financial planning, 
technology assessments and specifications, and other pre-implementation 
work that relate to the establishment of the value pricing project. 
Costs of pre-project study activities cannot be reimbursed for longer 
than three years.
    2. Implementation Costs--Implementation costs are costs necessary 
for implementation of specific value pricing projects such as costs for 
setting up, managing, operating, evaluating, and reporting on a value 
pricing project, including:

[[Page 23080]]

    a. Costs associated with implementation of a value pricing project, 
including necessary salaries and expenses or other administrative and 
operational costs, such as installation of equipment necessary for 
operation of a pilot project (e.g., AVI technology, video equipment for 
traffic monitoring, other instrumentation), enforcement costs, costs of 
monitoring and evaluating project operations, and costs of continuing 
public relations activities during the period of implementation.
    b. Costs of providing transportation alternatives, such as new or 
expanded transit service provided as an integral part of the value 
pricing project. Funds are not available to replace existing sources of 
support for transit services.
    c. Depending on the availability of funds, a limited amount of 
funds may be made available to toll authorities to purchase an 
insurance policy that will cover unanticipated lost revenue resulting 
from a pilot test of value pricing. This may be necessary to avoid 
jeopardizing a toll authority's bond covenants. If an agency decides to 
purchase an insurance policy to cover anticipated loss of revenue, 
federal participation would be no more than 50 percent of the total 
cost or a dollar cap. For example, a toll authority might propose a 
revenue-neutral pricing strategy with peak-period surcharges and off-
peak discounts designed to shift demand patterns and improve customer 
service, or to reduce the need for future capacity expansion. Even 
though no reduction in toll revenues is intended, the FHWA recognizes 
that forecasting traffic and revenue changes is inherently uncertain, 
and that an insurance policy to offset any unintended toll revenue 
losses would be designed to help overcome institutional barriers to the 
testing and use of value pricing by existing toll authorities.
    Project implementation costs can be supported for a period of at 
least one year, and thereafter until such time that the project 
generates sufficient revenues to fund its implementation costs without 
Federal support, except that implementation costs for a pilot project 
cannot be reimbursed for longer than three years. Each implementation 
project included in a local value pricing pilot program will be 
considered separately for this purpose. Funds may not be used to pay 
for activities conducted prior to approval of Pilot Program 
participation. Funds may not be used to construct new highway through 
lanes, bridges, etc., even if those facilities are to be priced, but 
toll ramps or minor pavement additions needed to facilitate toll 
collection or enforcement are eligible.
    Complementary actions such as construction of HOV lanes, the 
implementation of traffic control systems or transit projects can be 
funded through other highway and transit programs eligible under TEA-21 
and from new revenues raised as a result of a pilot. Those interested 
in participating in the Pilot Program are encouraged to explore 
opportunities for combining funds from these other programs with Pilot 
Program funds. This is not meant to imply that Federal funds may be 
used to match Pilot Program funds unless specific statutory authority 
permits such matching.

Eligible Uses of Revenue

    The FHWA will provide up to the legislatively allowable 80 percent 
share of the estimated costs of an approved project. Any revenues 
generated by a pilot project must be applied first to pay for pilot 
project implementation costs. Any project revenues in excess of pilot 
project implementation expenses may be used for any programs eligible 
under title 23, U.S. Code. Uses of revenue are encouraged which will 
support the goals of the value pricing program, particularly uses 
designed to provide benefits to those traveling in the corridor where 
the project is being implemented.

Applying for Program Participation

    Qualified applicants include local, regional and State government 
agencies, as well as public tolling authorities. Although project 
agreements must be with public authorities, a local value pricing 
program partnership may also include private tolling authorities and 
non-profit organizations. To streamline the process of applying for 
program participation as much as possible, it is suggested that, prior 
to submitting a formal application for program participation, potential 
applicants contact their State FHWA Division Office and/or the FHWA 
Highway Pricing and Systems Analysis Team in the Office of 
Transportation Policy Studies to discuss their interest in the Pilot 
Program and the general nature of the proposed local value pricing 
Pilot Program or pre-project study. The FHWA will then be able to 
provide materials and technical support to assist in the development of 
the application. Following this initial contact, potential applicants 
should submit a sketch plan for the proposed pricing program before 
developing a full-scale proposal. To facilitate a streamlined 
application process, the sketch plan need not exceed 15 pages. The 
sketch plan should provide a brief description of the following:
    1. Congestion problem to be addressed.
    2. Nature of proposed or potential pricing projects to respond to 
that problem, including overall project goals, potential facilities to 
be included, time line for study and possible implementation of value 
pricing projects.
    3. Parties proposed as being signatories to the cooperative 
agreement with the FHWA. At a minimum, by the time the refined proposal 
is submitted, the local Metropolitan Planning Organization (MPO) and 
the owner/operator of the facility or facilities to be priced should 
express support for the program. Indications of support from affected 
parties, including representatives of business, labor, industry, 
transportation users, and/or local residents, or plans for obtaining 
such support should be included.
    4. Extent of public participation in the development of the 
proposal, or of plans for future public participation activities. 
Potential equity consequences of any proposed projects should be 
portrayed in general terms, and if adverse impacts are anticipated, 
preliminary plans for responding to such problems should be identified.
    5. Legal and administrative authority needed to carry out a value 
pricing project, extent to which these have been obtained, and further 
steps needed to obtain necessary authority.
    6. Plans for pre-project study, or findings from complete pre-
project studies. The sketch plan should be submitted through the State 
Department of Transportation to the appropriate FHWA Division 
Administrator, who will forward the plan to FHWA's Director, Office of 
Transportation Policy Studies. To expedite the review, the applicant 
should concurrently send a copy directly to the FHWA Highway Pricing 
and System Analysis Team at 400 Seventh Street, SW., Washington, D.C. 
    Based on initial review of the sketch plan, the FHWA will work with 
the proposing authority to develop a refined proposal for review by the 
Federal Interagency Review Group which provides support to the FHWA in 
evaluating program applications (see the caption ``Review Process,'' in 
this preamble below). Ideally, the refined proposal will include:
    1. A description of the congestion problem being addressed (current 
and projected);
    2. A description of the proposed pricing program and its goals, 
including description of facilities included, and, for implementation 
projects, expected

[[Page 23081]]

pricing schedules, technology to be used, enforcement programs, and so 
    3. Preliminary estimates of the social and economic effects of the 
pricing program, including potential equity impacts, and a plan or 
methodology for further refining these estimates for all pricing 
project(s) included in the program;
    4. The role of alternative transportation modes in the project, and 
anticipated enhancements proposed to be included in the pricing 
    5. A time line for the pre-project study and implementation phases 
of the project (proposals indicating early implementation of pricing 
projects that will allow evaluation during the life of TEA-21 will 
receive priority);
    6. A description of tasks to be carried out as part of each phase 
of the project, and an estimate of costs associated with each;
    7. Plans for monitoring and evaluating value pricing implementation 
projects, including plans for data collection and analysis, before and 
after assessment, and long term monitoring and documenting of project 
    8. 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, proposed uses 
of revenues, and a plan for projects to become financially self-
sustaining (without Federal support) within three years of 
    9. Plans for involving key affected parties, coalition building, 
media relations, etc., including either demonstration of previous 
public involvement in the development of the proposed pricing program, 
or plans to ensure adequate public involvement prior to implementation;
    10. Plans for meeting all Federal, State and local legal and 
administrative requirements for project implementation, including 
necessary Federal-aid planning and environmental requirements. The FHWA 
will give priority to proposals where projects are included as a part 
of (or are consistent with) a broad program addressing congestion, 
mobility, air quality and energy conservation, where an area has 
congestion management systems (CMS) for Transportation Management Areas 
(urbanized areas over 200,000 population or those designated by the 
Secretary) and the congestion mitigation and air quality (CMAQ) 
    If some of these items are not available or fully developed at the 
time the proposal is submitted, proposals will still be considered for 
support if they meet some of the priority interests of the FHWA as 
described in this preamble under the caption ``Potential Project 
Types,'' and include some of the proposal characteristics described in 
this section, and there is a strong indication that these items will be 
completed within a short time.

Review Process

    Upon receipt of the detailed proposal, the FHWA's Highway Pricing 
and Systems Analysis Team will arrange for a review of the proposal by 
the Federal Interagency Review Group established to assist the FHWA in 
assessing the likelihood that proposed local value pricing programs 
will provide valid and useful tests of value pricing concepts. The 
Review Group is composed of representatives of several concerned 
offices in the U.S. DOT, including offices in the FHWA, the Federal 
Transit Administration, the Office of the Secretary of Transportation, 
and the Office of Intermodalism. The U.S. Environmental Protection 
Agency and the U.S. Department of Energy are also represented on the 
Review Group. To facilitate review, applicants should submit an 
electronic copy of their application, plus an unbound reproducible hard 
copy of the proposal. As with the sketch plan, detailed proposals 
should be submitted through the MPO and/or State DOT to the appropriate 
FHWA Division Administrator, who will forward the plan to the FHWA's 
Director, Office of Transportation Policy Studies. The FHWA will review 
applications received and make program participant selections based on 
the criteria contained in this notice.
    To ensure that all projects receive fair consideration, the FHWA 
encourages all potential grant applicants to submit their proposals no 
later than October 1, 2001, for FY 2002 funds and October 1, 2002, for 
FY 2003 funds. This timeline will allow for a fair comparison among 
proposals received and will also allow the FHWA to make timely 
recommendations to the Secretary regarding how to expend available 
funds in accordance with the criteria discussed in this preamble.

Cooperative Agreement

    Based on the recommendations of the Review Group, the FHWA will 
identify those Pilot Program proposals which have the greatest 
potential for promoting the objectives of the Pilot Program, including 
demonstrating the effects of value pricing on driver behavior, traffic 
volume, ridesharing, transit ridership, air quality, availability of 
funds for transportation programs, and other measures of the effects of 
value pricing. Those Pilot Program candidates will then be invited to 
enter into negotiations with the FHWA to develop a cooperative 
agreement to define the scope of work for the value pricing program. 
The cooperative agreement will be governed by the Federal statutes and 
regulations cited in the agreement and 49 CFR part 18, Uniform 
Administrative Requirements for Grants and Cooperative Agreements to 
State and Local Governments, as they relate to the acceptance and use 
of Federal funds for this program.
    Prior to the FHWA approval of pricing project implementation, value 
pricing programs must be shown to be consistent with Federal 
metropolitan and statewide planning requirements.
    Implementation projects 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 the TEA-21.
    Implementation projects 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 Public Law No. 105-
178, section 1203(h)(5) or (i)(2); 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; 49 CFR 1.48

    Issued on: April 27, 2001.
Vincent F. Schimmoller,
Deputy Executive Director.
[FR Doc. 01-11403 Filed 5-4-01; 8:45 am]