[Federal Register Volume 74, Number 211 (Tuesday, November 3, 2009)]
[Notices]
[Pages 56914-56916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26406]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[FHWA Docket No. FHWA-2009-0106]


Express Lanes Demonstration Program--Performance Goals for the 
Texas Department of Transportation Express Lanes IH-30 and IH-35E 
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 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 IH-30 (the Tom 
Landry Freeway) Express Lanes project and IH-35E Express Lanes project 
in Dallas in the State of Texas.

DATES: Comments must be received on or before December 3, 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, 
([email protected]); for legal questions contact Mr. Michael 
Harkins, Attorney Advisor, Office of the Chief Counsel, (202) 366-4928, 
([email protected]). 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 projects during the period of fiscal years 2005 
through 2009 to permit States to collect a toll from motor vehicles at 
eligible facilities. On May 28, 2009, the Texas Department of 
Transportation (TxDOT) submitted applications to the FHWA for tolling 
authority under the ELDP for the IH-30 (Tom Landry Freeway) Express 
Lanes project and the IH-35E Express Lanes Project, both in the Dallas 
metropolitan region. After review and analysis, both applications were 
approved on July 1, 2009.
    The IH-30 Express Lanes project corridor is comprised of the 
segments of I-30W from the Tarrant County line (to Bairds Farm Road/
Legends Way) to the Dallas Central Business District (to I-35E). The 
project includes mobility improvements on approximately 17 miles and 
will ultimately feature reversible managed lanes for the entire length 
of the Corridor. The existing IH-30 is an intermittent three-to-five-
lane section of operating freeway with segments that include additional 
complementary auxiliary lane sections to improve operations. The fully 
reconstructed Corridor will retain at least the same number of existing 
continuous toll-free general purpose lanes, will add tolled managed 
lanes along certain segments, and will provide additional mobility 
improvements. The managed lanes will allow an alternate choice for 
users to select a priced option to minimize and guarantee their trip 
time along the corridor.
    The IH-35E Express Lanes Project corridor is comprised of three 
segments of I-35E from I-635 in Dallas County to north of US 380 in 
Denton County. The project includes mobility improvements on just over 
28 miles and will feature two to four managed lanes (one to two lanes 
each way) for the entire corridor length. The project corridor will 
retain the same number of toll-free general purpose lanes that 
currently exist and will add tolled managed lanes. The managed lanes 
will allow an alternate choice for users to select a priced option to 
minimize and guarantee their trip time along the corridor.
    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 IH-30 and the IH-35E Express Lanes Projects.

Performance Goals, Monitoring and Reporting Program

    The following describes the agreed upon ELDP's Performance Goals, 
Monitoring and Reporting Program for the IH-30 and the IH-35E Express 
Lanes Projects. This program has been developed cooperatively between 
TxDOT and FHWA.

A. Performance Goals

    The FHWA and TxDOT have identified the following four 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.

[[Page 56915]]

    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 parentheses. 
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, Volume, Speed, and Incidents in Priced 
Lanes (I, II, III)
     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.
     Report 95th and 80th 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. The 80th percentile represents the 
slowest traffic day each week.) This measure is reported in minutes.
     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.)
     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 for the managed 
lanes by direction.
     Report traffic speeds and traffic speed differences from 
the previous year (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 for the managed lanes by direction.
     If reasonably available from data sources; verify, 
validate, reconcile, catalogue, identify, and 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.
     Report on the speed and travel time differential between 
the general purpose lanes and the managed lanes, broken into daily 
averages, for daily total, by a.m. peak, off-peak, and p.m. peak.
     Report on managed lane availability as a percentage of 
time the lane is available for operations, broken into daily averages, 
by a.m. peak and p.m. peak for managed lanes. This could include 
weather, maintenance, problems with operations, opening procedures, or 
special events that could affect the lane availability.
2. Changes in Mode Split/Ridership/Vehicle Occupancies of Priced vs. 
General Purpose Lanes (I, II, III)
     Report number of declared High Occupancy Vehicles (HOV)s 
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.
     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.
     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.
     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; Single Occupancy Vehicle (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.
     Report on the amount of vehicle miles traveled 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.
     If reasonably available, report on violation rates for (1) 
unauthorized users on the lane, (2) invalid tag/license plate on 
vehicle, or (3) SOV trying to use the lane at the HOV rate, broken into 
daily averages by a.m. peak, off-peak, and p.m. peak for the managed 
lanes.
     Report Metropolitan Planning Organization rideshare 
payments, HOV subsidy, and other disbursements.
3. Transit Schedule Adherence (II, III)
     To the extent the information is reasonably available, 
report on transit service reliability--percentage of on-time 
performance of transit service.
     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)
     Report breakdown of the use of revenues.
     Report percentage of revenue used to mitigate impacts.
5. Change in Criteria Pollutant Emissions for the Region (I)
     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.
     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 North 
Central Texas Council of Governments' 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

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Evaluation Manual document that will describe the information to be 
collected, the methodology for identifying baseline values and, the 
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 should 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 1 and December 31 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 31 of that year.
    The TxDOT's submission to FHWA of the Monitoring and Reporting 
Annual Report will occur no later than March 31 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: October 23, 2009.
Victor M. Mendez,
Federal Highway Administrator.
[FR Doc. E9-26406 Filed 11-2-09; 8:45 am]
BILLING CODE 4910-22-P