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53736 Federal Register / Vol. 72, No.

182 / Thursday, September 20, 2007 / Proposed Rules

based companies in domestic and DEPARTMENT OF TRANSPORTATION 2251. Alternatively, comments may be
export markets. submitted to the Federal eRulemaking
Federal Highway Administration portal at http://www.regulations.gov.
List of Subjects in 21 CFR Part 1301 All comments should include the
Administrative practice and 23 CFR Part 950 docket number that appears in the
procedure, Drug traffic control, Security [FHWA Docket No. FHWA–06–23597] heading of this document. All
comments received will be available for
measures. RIN 2125–AF07 examination and copying at the above
For the reasons set out above, 21 CFR address from 9 a.m. to 5 p.m., e.t.,
part 1301 is proposed to be amended as Interoperability Requirements, Monday through Friday, except Federal
follows: Standards, or Performance holidays. Those desiring notification of
Specifications for Automated Toll receipt of comments must include a self-
PART 1301—REGISTRATION OF Collection Systems addressed, stamped postcard or you
MANUFACTURERS, DISTRIBUTORS, AGENCY: Federal Highway may print the acknowledgment page
AND DISPENSERS OF CONTROLLED Administration (FHWA); DOT. that appears after submitting comments
SUBSTANCES ACTION: Notice of proposed rulemaking electronically. Anyone is able to search
(NPRM); request for comments. the electronic form of all comments in
1. The authority citation for part 1301 any one of our dockets by the name of
continues to read as follows: SUMMARY: As required under section the individual submitting the comment
Authority: 21 U.S.C. §§ 821, 822, 823, 824,
1604(b)(6) of the Safe, Accountable, (or signing the comment, if submitted
871(b), 875, 877, 886a, 951, 952, 953, 956, Flexible, Efficient Transportation Equity on behalf of an association, business, or
957. Act: A Legacy for Users (SAFETEA–LU), labor union). You may review the DOT’s
this proposed rule specifies the complete Privacy Act Statement in the
2. § 1301.28 is proposed to be interoperability requirements for Federal Register published on April 11,
amended by revising paragraph automated toll collection systems for the 2000 (Volume 65, Number 70, Pages
(b)(1)(iii) and removing paragraph facilities that are tolled under any of the 19477–78) or you may visit http://
(b)(1)(iv) to read as follows: tolling programs contained in section dms.dot.gov.
1604 of SAFETEA–LU. Specifically, this FOR FURTHER INFORMATION CONTACT: For
§ 1301.28 Exemption from separate notice proposes to require facilities technical questions or information about
registration for practitioners dispensing or operating with authority under section
prescribing Schedule III, IV, or V narcotic
this notice of proposed rulemaking,
1604 of SAFETEA–LU to use electronic contact Mr. Robert Rupert, FHWA Office
controlled drugs approved by the Food and toll collection systems and for these
Drug Administration specifically for use in of Operations, (202) 366–2194. For legal
systems to address their interoperability questions, please contact Mr. Michael
maintenance or detoxification treatment.
with other toll facilities. Although a Harkins, Attorney Advisor, FHWA
* * * * * nationwide interoperability standard Office of the Chief Counsel, (202) 366–
(b)(1) * * * has not yet been established, this 4928, Federal Highway Administration,
proposed rule seeks to accelerate 1200 New Jersey Avenue, SE.,
(iii) The total number of patients to
progress toward achieving nationwide Washington, DC 20590. Office hours for
whom the individual practitioner will interoperability by requiring these
provide narcotic drugs or combinations the FHWA are from 7:45 a.m. to 4:15
facilities to upgrade their electronic toll p.m., e.t., Monday through Friday,
of narcotic drugs under this section will collection systems to the national
not exceed 30 at any one time unless, except Federal holidays.
standards whenever adopted. This
not sooner than 1 year after the date on SUPPLEMENTARY INFORMATION:
document also provides notice of public
which the practitioner submitted the meetings on this proposed regulation. Electronic Access and Filing
initial notification to the Secretary of DATES: The public meeting will be held
Health and Human Services, the You may submit or retrieve comments
on Thursday, October 11, 2007, from online through the Document
practitioner submits a second 1:30 p.m. to 5 p.m., at the U.S. Management System (DMS) at: http://
notification to the Secretary of the need Department of Transportation dmses.dot.gov/submit. Electronic
and intent of the practitioner to treat up headquarters conference center. submission and retrieval help and
to 100 patients. A second notification Comments must be received on or guidelines are available under the help
under this subparagraph shall contain before November 19, 2007. Late-filed section of the Web site. Alternatively,
the certifications required by comments will be considered to the internet users may access all comments
subparagraphs (i) and (ii) of this extent practicable, but the FHWA may received by the DOT Docket Facility by
paragraph. The Secretary of Health and issue a final rule at any time after the using the universal resource locator
Human Services may promulgate close of the comment period. (URL) http://dms.dot.gov. It is available
regulations to change the total number ADDRESSES: The October 11, 2007, 24 hours each day, 365 days each year.
of patients. public meeting will be held at the U.S. Please follow the instructions. An
* * * * * Department of Transportation electronic copy of this document may
headquarters conference center, 1200 also be downloaded by accessing the
Dated: September 13, 2007. New Jersey Avenue, SE., Washington, Office of the Federal Register’s home
Joseph T. Rannazzisi, DC 20590. page at: http://www.archives.gov or the
Deputy Assistant Administrator, Office of Mail or hand deliver comments to the Government Printing Office’s Web page
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Diversion Control. U.S. Department of Transportation, at http://www.gpoaccess.gov/nara.


[FR Doc. E7–18531 Filed 9–19–07; 8:45 am] Dockets Management Facility, Room
PL–401, 1200 New Jersey Avenue, SE., Introduction
BILLING CODE 4410–09–P
Washington, DC 20590, or submit Section 1604 of SAFETEA–LU (Pub.
electronically at http://dmses.dot.gov/ L. 109–59, 119 Stat. 1144) includes
submit or fax comments to (202) 493– provisions related to tolling of highways

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Federal Register / Vol. 72, No. 182 / Thursday, September 20, 2007 / Proposed Rules 53737

and facilities. Specifically, section 1604 used a variety of electronic and radio the appropriate financial accounting
establishes or amends three tolling communications technologies to system and the motorist’s toll account is
programs: (1) The Value Pricing Pilot identify accountholders as they traveled debited for the proper toll amount
Program; (2) the Express Lanes through toll collection lanes and then without the need for stopping at a toll
Demonstration Program; and (3) the charge the appropriate toll against the plaza.
Interstate System Construction Toll appropriate account. There was little Although the future will bring new
Pilot Program. For each toll program interoperability among the systems, and entrants and new innovation, the
under this section, section 1604(b)(6) users had to establish multiple accounts electronic toll collection market has
requires the Secretary of Transportation and obtain multiple radio devices in evolved in recent years such that there
to promulgate a final rule specifying order to use electronic toll collection on are essentially three de-facto
requirements, standards, or performance different toll facilities. ‘‘standards’’ employed in large numbers.
specifications for automated toll The various toll agencies in the New (1) The E–ZPass toll device is
collection systems. York City area recognized the need to employed on virtually all of the toll
Section 1604(b)(6) also requires that allow their users to move among their roads in the mid-Atlantic, northeast
in developing the final rule to maximize facilities with a common electronic toll coast, and Illinois with approximately
the interoperability of electronic collection technology and formed the 14 million users. This is a proprietary
collection systems, the Secretary shall Inter Agency Group (IAG). The IAG device whose intellectual property
maximize to the extent practicable three established a common accounting rights are owned by Mark IV Industries
other areas: system that would enable users to set up of Toronto, Canada. There are also other
(1) Accelerate progress toward the an account with one toll collection proprietary toll collection technologies
national goal of achieving a nationwide agency that would be useable across used by smaller numbers of systems and
interoperable electronic toll collection multiple toll facilities. In the early users in Texas, Georgia, and Florida.
system; 1990s, the IAG coined the term (2) The California Title 21 Electronic
(2) Take into account the use of ‘‘E–ZPass’’ as a service mark for its Toll Collection standard is used on the
noncash electronic technology currently common electronic toll collection west coast with approximately 2 million
deployed within an appropriate system, and selected a vendor that all users. This California specification is an
geographical area of travel and the participating agencies would use for ‘‘open’’ standard and currently there are
noncash electronic technology likely to electronic tolling applications. The IAG two manufacturers, Transcore and Sirit.
be in use within the next five years; and and E–ZPass have grown to include 21 (3) The American Society of Testing
(3) Minimize additional costs and agencies in the mid-Atlantic, northeast, Materials (ASTM) V6 standard is used
maximize convenience to users of toll and Illinois. Similar efforts to by the trucking industry for the
facility and to the toll facility owner or regionalize electronic toll collection electronic clearance of commercial
operator. took place in Florida and California, vehicles by both Help Inc.’s Prepass
resulting in common toll collection system and by the I–75 Coalition
Background technologies for those areas. NorPass system. This is an open
States are increasingly turning to As of 2005, there were about 20 standard currently manufactured by
tolling as a means of supplementing million electronic toll customers across Raytheon and Mark IV.
traditional methods of roadway the country. The largest concentrations
of electronic toll customers are on the National Interoperability
financing and enhancing transportation
mobility. The electronic collection of east coast, with about 17 million users, None of these de-facto standards are
these tolls, which began in the mid and on the west coast, with over 2 interoperable with one another. In an
1980s, has grown dramatically over the million users. attempt to achieve interoperability in
past 25 years and is expected to grow 1996 and 1997, the DOT encouraged
Existing Noncash Electronic Toll and supported the development of a
even more over the next decade. The Collection Technologies
percentage of toll lanes capable of using single standard for electronic toll
Currently, the electronic toll collection. The ASTM established a
electronic toll collection has grown from
collection systems in any given standards committee; however, the
36% in 1997 to nearly 80% in 2005.1
geographic region typically use similar companies in the toll market at that time
According to a June 2006 report from techniques, but are not interoperable
the United States Government could not agree on a single standard that
from region to region. These existing toll would allow national interoperability.
Accountability Office, 23 States have facilities use a communications During that same time frame, the DOT
plans to build toll road facilities, technology known as Dedicated Short pursued the examination of a new
including 7 States that are planning Range Communications (DSRC). DSRC frequency for DSRC devices that could
their first toll roads.2 is a short range microwave radio that is be licensed and thus used for a variety
As the toll industry has grown, toll capable of communication with the of transportation applications including
agencies have used a variety of toll roadside while a vehicle is moving at electronic toll collection. In 1997, the
devices manufactured by various highway speeds. Currently, all DSRC Intelligent Transportation Society of
competitive companies. This resulted in devices used for electronic toll America (ITS America), acting on behalf
islands of unique proprietary toll collection operate in the unlicensed 902 of the transportation industry, filed a
devices throughout the country. The Megahertz (MHz) to 928 MHz band of petition with the Federal
early electronic toll collection systems the radio frequency spectrum. Tolls can Communications Commission (FCC)
1 U.S. DOT Intelligent Transportation Systems
be collected from motorists through a requesting the allocation of 75 MHz of
device called a ‘‘transponder,’’ which is spectrum at 5.85 Gigahertz (GHz) to
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Joint Program Office, ITS Deployment Statistics


Web site, http://www.itsdeployment.its.dot.gov/ about the size of a compact disk or a 5.925 GHz. This allocation was granted
Trendsgraph.asp?comp=ETC; 2006. pocket calculator and is installed in a by the FCC in late 1999, and is licensed
2 U.S. Government Accountability Office, Report
motorist’s car or truck. The transponder for public safety and private
number GAO–06–554, ‘‘Highway Finance: States’
Expanding Use of Tolling Illustrates Diverse
communicates via DSRC with a applications.
Challenges and Strategies’’ June 2006; http:// ‘‘reader’’ installed over or near the lane As a result of the FCC’s action, the
www.gao.gov/new.items/d06554.pdf. of travel. The reader communicates with DOT initiated the support of the

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53738 Federal Register / Vol. 72, No. 182 / Thursday, September 20, 2007 / Proposed Rules

development of a new set of standards various toll facilities without requiring collection system, the Department does
for DSRC at 5.9 GHz. (‘‘5.9 GHz’’ is the multiple accounts. not believe that it can effectively
term used to refer to the spectrum Toll plazas and barriers reduce a establish a national standard at this
between 5.85 GHz and 5.925 GHz.) The facility’s throughput of vehicles, time. As explained above, the DSRC
standards are being developed under the resulting in traffic congestion and its program is conducting tests of prototype
auspices of the Institute of Electrical associated hazards as the demand and equipment and open standards for
and Electronic Engineers (IEEE). All of volume of vehicles increases. Electronic technical feasibility. These new
the current toll device manufacturers in tolling helps to mitigate congestion by standards, when published, may form
the United States are participating in the eliminating the bottlenecks caused by the basis of a future rulemaking that
development of these open standards toll plazas and barriers. For example, in would establish the standards for a
and have agreed upon the electronic 1995, researchers compared vehicle nationwide interoperable electronic toll
communications technology to be throughput on lanes with manual toll collection system. However, with
employed. In addition, the DOT is collections versus electronic toll respect to this proposal, the Department
sponsoring the development of collection on the Tappan Zee Bridge in believes that requiring toll agencies to
prototype DSRC equipment to New York. The manual collection lane take interoperability issues into
implement the standards under accommodated up to 400–450 vehicles consideration in developing its toll
development. The four manufacturers of per hour while an electronic lane collections systems will address the
electronic toll collection equipment in peaked at 1000 vehicles per hour.3 Also, objective of the statute to accelerate
the United States as of 2005—Mark IV, in another example, the E–ZPass progress toward the goal of nationwide
Raytheon, Sirit, and Transcore—united electronic toll collection system saved interoperability in the best way possible
to form the DSRC Industry Consortium commuters approximately 2.1 million at the present time. As such, the FHWA
to conduct this development. The hours of delay on the New Jersey proposes to require that the toll
current DSRC program is conducting Turnpike in 2000.4 Electronic tolling collection agency for any facility
tests of prototype equipment and these may also address vehicle safety and operating pursuant to authority under
open standards for technical feasibility. property damage concerns associated section 1604 of SAFETEA–LU consult
However, even if the technical with toll barriers. The FHWA solicits with the FHWA regarding its proposed
communications standards are comments from States, toll authorities, method for electronic toll collection,
interoperable technologically, more or other groups that may have and explain how the toll collection
must be done to ensure interoperability conducted studies to analyze the effects technique achieves the highest
for electronic toll collection. of electronic tolling on safety and reasonable degree of interoperability
Specifically, interoperability also property damage. possible with other facilities. The
requires ‘‘back-office’’ interoperability, selection and explanation should
i.e., properly identifying and accounting DOT Outreach Efforts consider not only current toll collection
for electronic toll collection tags. The In preparing this NPRM, the FHWA technologies but also emerging
IAG provides this integrated accounting met with representatives of the IBTTA technologies and standards that may
service for its members through its to gather technical information and come into use.
E–ZPass application. True national insight on its members’ current state-of- Additionally, this proposal would
interoperability will require greater practice for electronic toll collection. In require toll agencies to develop
exchange of accounting and fiscal addition, IBTTA shared information reasonable methods to enable vehicle
information among toll authorities and about activities it has been conducting operators that are not enrolled in an
their financial agents. OmniAir, an related to interoperability, including interoperable toll collection program to
independent, not-for-profit trade establishing OmniAir as an use the toll facility. Agencies that
association created as a result of the independent, not-for-profit trade operate tolling facilities that rely
International Bridge, Tunnel and association addressing 5.9 GHz and exclusively on electronic toll collection
Turnpike Association’s (IBTTA) 5.9 GHz interoperability. must address how they would
DSRC Next Generation Task Force, has accommodate users that have not
developed a draft electronic toll General Discussion of the Proposal enrolled in a compatible accounting
collection requirements document and This proposal is intended to comply system that provides for the collection
is developing a national interoperability with the mandate of section 1604(b)(6) of toll fees for use of the facility.
specification for electronic payment of SAFETEA–LU to promulgate a final Lastly, the FHWA recognizes that
services. Toll agencies that adopt the rule specifying the requirements, privacy issues may arise in connection
OmniAir specifications will be standards, or performance specifications with the implementation, operation, and
positioned to provide interoperable for automated toll collection systems enforcement of electronic toll collection
services for all toll users. implemented under section 1604. systems, largely as a result of toll tags
Development and approval of an open Although the ultimate goal of 1604(b)(6) being linked to an individual’s account
technical communications standard will of SAFETEA–LU is to achieve a with a toll agency or transportation
be a significant step toward nationally nationwide interoperable electronic toll authority or through alternative
interoperable electronic toll collection accommodations. In order to mitigate
services. The adoption of an approved 3 Lennon, L. ‘‘Tappan Zee Bridge E–ZPass System this concern, this rulemaking proposes
open standard by the DOT for use on all Traffic and Environmental Studies,’’ Paper to require toll agencies to develop,
Federal-aid projects and other projects presented at the 64th ITE Annual Meeting: 1995. implement, and make publicly available
ITS Benefits Database Link:
receiving tolling authority from the DOT http:www.itsbenefits.its.dot.gov/its/benecost.nsf/0/
privacy policies designed to protect
will help to accelerate progress toward against the inappropriate, unnecessary,
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BFFD6D277991A8C385269610051E2BE.
national interoperability. Any 4 Operational and Traffic Benefits of E–ZPass to or unauthorized disclosure of any data
interoperability test for electronic toll the New Jersey Turnpike, Prepared by the Wilbur that may be collected regarding a user’s
collection would need to include not Smith Associates for the New Jersey Turnpike use of an electronic toll collection
Authority, New Jersey: August 2001. ITS Benefits
only the electronic communications, but Database Link: http://www.itsbenefits.its.dot.gov/
system. These policies would not be
also the accounting compatibility its/benecost.nsf/0/ subject to Departmental approval,
necessary to allow motorists to use 78B2ACEBB79ED67785256AC0006E29ED. however. The Department solicits

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Federal Register / Vol. 72, No. 182 / Thursday, September 20, 2007 / Proposed Rules 53739

comments related to the methods or grant an exception to the electronic toll FHWA’s concurrence, the toll agency to
means by which privacy concerns can collection requirement for facilities demonstrate to the FHWA how the
be balanced with the environmental and granted toll authority under section selected toll collection system achieves
congestion reducing advantages of 1604(b) of SAFETEA–LU. This rule the highest reasonable degree of
electronic tolling. further requires toll agencies to make interoperability possible with other toll
This NPRM applies only to the tolling reasonable accommodations to allow facilities. Additionally, the toll agency
programs authorized under section 1604 potential users who may not be enrolled must explain, as provided at section
of SAFETEA–LU. The authority to toll in the applicable toll collection program 1604(b)(6)(B)(ii) of SAFETEA–LU, how
under a section 1604 program will be to use the facility. Since subsection the toll collection system takes into
granted on a case-by-case basis and in 1604(b)(6)(A) states that the account the use of noncash electronic
accordance with the criteria listed in interoperability rule be applied for technology currently deployed within
statute and this regulation. ‘‘automated toll collection systems an appropriate geographic area of travel,
In consideration of the above implemented under this section,’’ which as defined by the toll agency, and
discussion, the FHWA requests includes subsections 1604(a), 1604(b), identify the noncash electronic
comments on the following questions: and 1604(c), this proposed technology likely to be in use within the
(1) How should a national electronic interoperability requirement would next five years in that area. The facility’s
toll collection standard be pursued? apply the mandatory use of electronic electronic toll collection system’s design
(2) What aspects of electronic toll toll collection to all the programs must include the communications
collection should be standardized? authorized under section 1604. requirements between roadside
(3) How critical is the timing for Additionally, this section clarifies that a equipment and electronic toll
establishing a national electronic toll toll agency may use cash payment transponders, as well as accounting
collection standard? methods, such as toll booths, in areas compatibility requirements in order to
(4) How should the national standard that are not located in the toll facility’s ensure that users of the toll facilities are
incorporate current technologies and lanes of travel if the location and use of properly identified and tolls are charged
functions? such methods do not create unsafe to the appropriate account of the user.
(5) How should the national standard operating conditions on the toll facility. In section 950.7(d), we propose to
allow for changes in technologies over Additionally, this rule would require require all electronic toll collection
time? toll agencies to develop and implement systems on any facility that is tolled
(6) What are the personal privacy privacy policies to safeguard the pursuant to any of the tolling programs
aspects of a national electronic toll disclosure of any data that may be under section 1604 of SAFETEA–LU to
collection standard and the technologies collected concerning any user of a toll upgrade to the nationwide
that may be used to achieve it? facility operating pursuant to authority interoperability standards if established
under a 1604 toll program. The FHWA in a future rulemaking by the FHWA. As
Section-by-Section Discussion of the specifically requests comments on the explained above, this proposed rule
Proposal privacy implications of this rule and seeks to accelerate progress toward
Section 950.1 Purpose potential measures that could be taken nationwide interoperability by requiring
to ensure that these privacy interests are any facility that is tolled pursuant to
This section states that the proposed protected. authority from any of the toll programs
regulations establish interoperability at section 1604 of SAFETEA–LU to
requirements, standards, and Section 950.7 Interoperability
upgrade its electronic toll collection
performance specifications for facilities Requirements
system to operate under any nationwide
that are granted tolling authority by any This section establishes the proposed standard subsequently established.
program authorized under section 1604 requirements for interoperability among In section 950.7(e), we propose to
of SAFETEA–LU. electronic tolling systems for agencies or exempt all toll facilities that are
facilities that are granted tolling currently being tolled under the Value
Section 950.3 Definitions
authority by any program authorized Pricing Pilot Program from this
The specific terms that have special under section 1604 of SAFETEA–LU. proposed rule. The value pricing
significance to agencies or facilities that Because of the differences that may arise program was originally established in
are subject to these proposed regulations in defining the potential users of a the section 1012(b) of the Intermodal
are defined in this section. facility while maintaining Surface Transportation Efficiency Act of
Section 950.5 Requirement To Use interoperability, the FHWA requests 1991 (Pub. L. 102–240). Thus, applying
Electronic Toll Collection Technology comments on whether these proposed this rule to electronic toll collection
regulations allow for toll agencies to use systems that are already operational
This section establishes the proposed different technologies. may be burdensome. However, any
requirement that all facilities that are In section 950.7(a), we propose to change to the facility’s toll collection
granted tolling authority by any program require the toll agency having system after the effective date of the
under section 1604 of SAFETEA–LU jurisdiction over a facility that is tolled final rule would be subject to the
must use electronic toll collection pursuant to any of the tolling programs regulations proposed in this rule.
systems as the method for collecting under section 1604 of SAFETEA–LU to:
tolls from vehicle operators unless the identify the projected users of the Section 950.9 Enforcement
toll agency can demonstrate to the facility; and identify the predominant This section discusses remedial
FHWA that some other method is either electronic toll collection systems likely actions for agencies or facilities that fail
more economically efficient or will utilized by the users of the facility. to comply with the proposed
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result in a safer operating conditions for In section 950.7(b), we propose to requirements in section 950.7.
the facility. However, since section require the toll agency to receive the We propose to suspend the tolling
1604(b)(5) of SAFETEA–LU requires FHWA’s concurrence on its selection of authority of any facility that does not
exclusive electronic toll collection for the facility’s electronic toll collection comply with the requirements of this
the Express Lanes Demonstration system. In section 950.7(c), we propose rule. However, we would be able to
Program, the FHWA is not authorized to to require, in order to receive the extend the tolling authority for any such

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53740 Federal Register / Vol. 72, No. 182 / Thursday, September 20, 2007 / Proposed Rules

facility if the applicable toll agency authority operates, maintains or allows for multiple types of payment as
demonstrates that it is taking the enforces its tolling program. opposed to lanes dedicated to electronic
necessary steps to come into compliance It is anticipated that the economic toll collection or barrier-free collection
with the regulations. costs of this rulemaking would be techniques. However, the Department
minimal while the benefits could be believes that these differences would be
Public Meeting significant. These proposed changes are minimal or more than offset by the
The public meeting will be held on not anticipated to adversely affect, in a delays caused by current systems. The
Thursday, October 11, 2007, at the U.S. material way, any sector of the Department seeks comments on these
Department of Transportation economy. Since this proposed rule only issues from both government entities
headquarters conference center. The applies to new projects initiated under and the public.
meeting will be held from 1:30 p.m. to section 1604 of SAFETEA–LU, no Therefore, this proposed rulemaking
5 p.m. significant encumbrances are added to will result in only minimal costs to
the project’s design or implementation. those affected. In addition, these
Rulemaking Analyses and Notices Interoperability will afford potential changes would not interfere with any
All comments received before the reductions in implementation and action taken or planned by another
close of business on the comment operating costs in several ways for both agency and would not materially alter
closing date indicated above will be the implementing agencies and the the budgetary impact of any
public. First, it will allow the leveraging entitlements, grants, user fees, or loan
considered and will be available for
of existing resources, specifically the programs. Consequently, a full
examination in the docket at the above
toll transponders that are being used by regulatory evaluation is not required.
address. Comments received before,
vehicle operators. By designing for
during, and after the comment closing Regulatory Flexibility Act
interoperability, the new electronic toll
date will be filed in the docket and will In compliance with the Regulatory
collection project will not need to
be considered to the extent practicable. Flexibility Act (Pub. L. 96–354, 5 U.S.C.
distribute as many toll transponders as
In addition to late comments, the FHWA 601–612) the FHWA has evaluated the
it would if it designed a unique toll
will also continue to file relevant effects of this proposed action on small
collection system. The public users will
information in the docket as it becomes entities and has determined that the
not need to purchase or fund additional
available, and interested persons should proposed action would not have a
devices and accounts. Second, the
continue to examine the docket for new significant economic impact on a
operating cost for an electronic toll lane
material. A final rule may be published substantial number of small entities.
is less than one-tenth that of a standard
at any time after close of the comment This rulemaking does not change the
lane. A 1997 report indicated that the
period. roles or responsibilities of small entities
Oklahoma Turnpike Authority spent
Executive Order 12866 (Regulatory approximately $16,000 per year on the in electronic toll collection projects. The
Planning and Review) and DOT operational cost of an electronic toll rulemaking neither improves nor
Regulatory Policies and Procedures collection lane. In contrast, the worsens small entities opportunities to
Authority spent approximately $176,000 participate in electronic toll collection
The FHWA has determined per year to operate a manual toll projects, so results in no economic affect
preliminarily that this action would be collection lane. Third, there are also on the small entities. For these reasons,
a significant regulatory action within environmental savings as noted above. the FHWA certifies that this action
the meaning of Executive Order 12866 Finally, increasing access to electronic would not have a significant economic
and would be significant within the toll lanes will decrease time spent impact on a substantial number of small
meaning of Department of waiting to pay tolls. For example, entities.
Transportation regulatory policies and attended toll collection facilities can
procedures. This action is considered Unfunded Mandates Reform Act of
process approximately 300 vehicles per 1995
significant because of the substantial hour, or 12 seconds per vehicle.
State and local government and public Dedicated electronic toll collection This proposed rule would not impose
interest in the requirements for facilities can process approximately unfunded mandates as defined by the
automated toll collection systems. This 1,200 vehicles per hour, or 3 seconds Unfunded Mandates Reform Act of 1995
rulemaking proposes interoperability per vehicle.5 Using a conservative (Pub. L. 104–4, 109 Stat. 48). This
requirements, standards, and proposed rule will not result in the
estimate for a queue of 4 vehicles for
performance specifications for toll expenditure by State, local, and tribal
processing per lane, the delay for not
projects initiated under section 1604 of governments, in the aggregate, or by the
using electronic toll collection equals 36
SAFETEA–LU that use electronic toll private sector, of $128.1 million or more
seconds. During peak periods, queues
collection. Section 1604 of SAFETEA– in any one year (2 U.S.C. 1532). Further,
would be longer and delays increased.
LU establishes or amends three tolling in compliance with the Unfunded
When multiplied by the number of
programs: (1) The Value Pricing Pilot Mandates Reform Act of 1995, the
transactions, these time savings can be
Program, which has a maximum of 15 FHWA will evaluate any regulatory
considerable based on the value of $15+
cooperative agreements; (2) the Express action that might be proposed in
per hour that an average person in the
Lanes Demonstration Program, which subsequent stages of the proceeding to
United States earns. While the total
has a maximum of 15 tolling projects; assess the effects on State, local, and
savings are dependant on how many
and (3) the Interstate System tribal governments and the private
new systems are built, they could be
Construction Toll Pilot Program, which sector. Additionally, the definition of
considerable. Costs would be dependent
has a maximum of 3 tolling projects. ‘‘Federal Mandate’’ in the Unfunded
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on the methods that are instituted to


This rulemaking only establishes Mandates Reform Act excludes financial
collect payments. For example, it may
conditions on a Federal grant of assistance of the type in which State,
take longer to pay using a lane that
authority for toll programs under local, or tribal governments have
section 1604 and does not require a 5 Tollways Volume 2, Number 3, by IBTTA, 2005; authority to adjust their participation in
State to impose tolls on any particular The Path to Open Road Tolling, by Timothy O. the program in accordance with changes
facility nor mandate how a State or toll Gallagher and Harold W. Worrall, pgs. 11–21. made to the program by the Federal

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Federal Register / Vol. 72, No. 182 / Thursday, September 20, 2007 / Proposed Rules 53741

Government. The Federal-aid highway Protected Property Rights. The FHWA in the heading of this document can be
program permits this type of flexibility. does not anticipate that this proposed used to cross reference this action with
This rulemaking only establishes action would affect a taking of private the Unified Agenda.
conditions on a Federal grant of property or otherwise have taking
List of Subjects in 23 CFR Part 950
authority for toll programs under implications under Executive Order
section 1604 and does not require a 12630. Communications equipment,
State, public authority, or private entity Electronic products, Highways and
Executive Order 12988 (Civil Justice
designated by a State, to impose tolls on roads, Motor vehicles, Radio,
Reform)
any particular facility nor mandates Telecommunication, Transportation.
how a State or toll authority operates, This action meets applicable
standards in sections 3(a) and 3(b)(2) of Issued on: September 12, 2007.
maintains or enforces its tolling
program. Executive Order 12988, Civil Justice J. Richard Capka,
Reform, to minimize litigation, Federal Highway Administrator.
Executive Order 13132 (Federalism eliminate ambiguity, and reduce
Assessment) In consideration of the foregoing, the
burden. FHWA proposes to add a new part 950
This proposed action has been to title 23, Code of Federal Regulations,
Executive Order 13045 (Protection of
analyzed in accordance with the to read as follows:
Children)
principles and criteria contained in
Executive Order 13132, and the FHWA We have analyzed this rule under PART 950—ELECTRONIC TOLL
has determined that this proposed Executive Order 13045, Protection of COLLECTION
action would not have sufficient Children from Environmental Health
federalism implications to warrant Risks and Safety Risks. The FHWA Sec.
consultation with the States. The FHWA certifies that this proposed action would 950.1 Purpose.
not cause any environmental risk to 950.3 Definitions.
has also determined that this proposed 950.5 Requirement to use electronic toll
action would not preempt any State law health or safety that might
collection technology.
or State regulation or affect the States’ disproportionately affect children. 950.7 Interoperability requirements.
ability to discharge traditional State Executive Order 13175 (Tribal 950.9 Enforcement.
governmental functions. Consultation) Authority: 23 U.S.C. 109, 315; sec.
Executive Order 12372 The FHWA has analyzed this action 1604(b)(5) and (b)(6), Pub. L. 109–59, 119
(Intergovernmental Review) Stat. 1144; 49 CFR 1.48.
under Executive Order 13175, dated
Catalog of Federal Domestic November 6, 2000, and believes that the § 950.1 Purpose.
Assistance Program Number 20.205, proposed action would not have
substantial direct effects on one or more The purpose of this part is to establish
Highway Planning and Construction.
Indian tribes; would not impose interoperability requirements,
The regulations implementing Executive
substantial direct compliance costs on standards, and performance
Order 12372 regarding
Indian tribal governments; and would specifications for toll facilities that are
intergovernmental consultation on
not preempt tribal laws. The proposed tolled under section 1604 of the Safe,
Federal programs and activities do not
rulemaking addresses interoperability Accountable, Flexible, Efficient
apply to this program. Accordingly, the
requirements, standards, or performance Transportation Equity Act: A Legacy for
FHWA solicits comments on this issue.
specifications for toll projects initiated Users (SAFETEA–LU) (Pub. L. 109–59;
Paperwork Reduction Act under section 1604 of SAFETEA–LU 119 Stat. 1144) that use electronic toll
Under the Paperwork Reduction Act that use electronic toll collection and collection.
of 1995 (PRA) (44 U.S.C. 3501, et seq.), would not impose any direct § 950.3 Definitions.
Federal agencies must obtain approval compliance requirements on Indian
from the Office of Management and tribal governments. 1604 toll program refers to any of the
Budget (OMB) for each collection of tolling programs authorized under
Executive Order 13211 (Energy Effects) section 1604 of SAFETEA–LU. These
information they conduct, sponsor, or
require through regulations. The FHWA We have analyzed this action under programs include the Value Pricing
has determined that this proposal does Executive Order 13211, Actions Pilot Program, the Express Lanes
not contain collection of information Concerning Regulations That Demonstration Program, and the
requirements for the purposes of the Significantly Affect Energy Supply, Interstate System Construction Toll
PRA. Distribution, or Use dated May 18, 2001. Pilot Program.
We have determined that this is not a Dedicated short-range
National Environmental Policy Act significant energy action under that communications means a microwave
The agency has analyzed this order since it is not likely to have a radio that is capable of short-range
proposed action for the purpose of the significant adverse effect on the supply, communication with the roadside while
National Environmental Policy Act of distribution, or use of energy. Therefore, a vehicle is moving at highway speeds.
1969 (42 U.S.C. 4321) and has a Statement of Energy Effects is not
Electronic toll collection means the
determined that this proposed action required.
ability for vehicle operators to pay tolls
would not have any effect on the quality
Regulation Identification Number without stopping their vehicles through
of the environment.
A regulation identification number the use of dedicated short-range
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Executive Order 12630 (Taking of (RIN) is assigned to each regulatory communications between onboard
Private Property) action listed in the Unified Agenda of vehicle and roadside devices.
The FHWA has analyzed this Federal Regulations. The Regulatory Toll agency means the relevant public
proposed rule under Executive Order Information Service Center publishes or private entity or entities to which toll
12630, Governmental Actions and the Unified Agenda in April and authority has been granted for a facility
Interface with Constitutionally October of each year. The RIN contained under a 1604 toll program.

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53742 Federal Register / Vol. 72, No. 182 / Thursday, September 20, 2007 / Proposed Rules

§ 950.5 Requirement to use electronic toll electronic technology currently SUMMARY: This document cancels a
collection technology. deployed within an appropriate public hearing on proposed regulations
(a) Any toll agency operating a toll geographic area of travel (as defined by under section 199 of the Internal
facility pursuant to authority under a the toll agency) and identify the Revenue Code. These regulations
1604 toll program shall use an noncash electronic technology likely to involve the deduction for income
electronic toll collection system as the be in use within the next five years in attributable to domestic production
method for collecting tolls from vehicle that area. The facility’s toll collection activities under section 199 and affect
operators for the use of the facility system’s design shall include the taxpayers who produce qualified films
unless the toll agency can demonstrate communications requirements between under section 199(c)(4)(A)(i)(II) and
to the FHWA that some other method is roadside equipment and toll (c)(6) and taxpayers who are members of
either more economically efficient or transponders, as well as accounting an expanded affiliated group under
will make the facility operate more compatibility requirements in order to section 199(d)(4).
safely. If a facility is collecting tolls ensure that users of the toll facilities are DATES: The public hearing, originally
pursuant to section 1604(b) of properly identified and tolls are charged scheduled for October 2, 2007, at 10
SAFETEA–LU, the toll agency shall to the appropriate account of the user. a.m., is cancelled.
only use electronic toll collection (d) A toll agency that operates any toll FOR FURTHER INFORMATION CONTACT:
systems. Nothing in this subsection facility pursuant to authority under a Richard A. Hurst of the Publications and
shall prevent a toll agency from using 1604 toll program must upgrade its toll Regulations Branch, Legal Processing
cash payment methods, such as toll collection system to meet any applicable Division, Associate Chief Counsel
booths, in areas that are not located in standards and interoperability tests that (Procedure and Administration), at
the toll facility’s lanes of travel if the have been officially adopted through Richard.A.Hurst@irscounsel.treas.gov.
location and use of such methods do not rulemaking by the FHWA.
create unsafe operating conditions on (e) With respect to facilities that are SUPPLEMENTARY INFORMATION: A notice
the toll facility. tolled pursuant to the Value Pricing of public hearing that appeared in the
(b) A toll agency using electronic toll Pilot Program, this part only applies if Federal Register on Thursday, June 7,
collection technology must develop and tolls are imposed on a facility after the 2007 (72 FR 31478), announced that a
implement reasonable methods to effective date of this rule. However, public hearing was scheduled for
enable vehicle operators that are not such facility is subject to this part if the October 2, 2007, at 10 a.m., in the IRS
enrolled in a toll collection program that facility’s toll collection system is Auditorium, Internal Revenue Building,
is interoperable with the toll collection changed or upgraded after the effective 1111 Constitution Avenue, NW.,
system of the relevant toll facility to use date of the regulations in this part. Washington, DC. The subject of the
the facility. public hearing is under section 199 of
(c) A toll agency using electronic toll § 950.9 Enforcement. the Internal Revenue Code.
collection technology must develop, (a) The tolling authority of any facility The public comment period for these
implement, and make publicly available operating pursuant to authority under a regulations expired on September 5,
privacy policies to safeguard the 1604 toll program shall be suspended in 2007. The notice of proposed
disclosure of any data that may be the event the relevant toll agency is not rulemaking and notice of public hearing
collected through such technology in compliance with this part within six instructed those interested in testifying
concerning any user of a toll facility (6) months of receiving a written notice at the public hearing to submit a request
operating pursuant to authority under a of non-compliance from FHWA. If the to speak and an outline of the topics to
1604 toll program, but is not required to toll agency demonstrates that it is taking be addressed. As of Tuesday, September
submit such policies to FHWA for the necessary steps to come into 11, 2007, no one has requested to speak.
approval. compliance within a reasonable period Therefore, the public hearing scheduled
of time, FHWA shall extend such tolling for October 2, 2007, is cancelled.
§ 950.7 Interoperability requirements.
authority.
(a) For any toll facility operating LaNita Van Dyke,
(b) The FHWA may take other action
pursuant to authority under a 1604 toll as may be appropriate, including action Chief, Publications and Regulations Branch,
program, the toll agency shall— Legal Processing Division, Associate Chief
pursuant to § 1.36 of this title. Counsel (Procedure and Administration).
(1) Identify the projected users of the
facility; and [FR Doc. E7–18529 Filed 9–19–07; 8:45 am] [FR Doc. E7–18507 Filed 9–19–07; 8:45 am]
(2) Identify the predominant toll BILLING CODE 4910–22–P BILLING CODE 4830–01–P
collection systems likely utilized by the
users of the facility.
(b) Based on the identification DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY
conducted under subsection (a), the toll
agency shall receive the FHWA’s Internal Revenue Service Alcohol and Tobacco Tax and Trade
concurrence on the proposal for the Bureau
facility’s toll collection system’s 26 CFR Part 1
standards and design. 27 CFR Parts 4, 5, 7, and 24
[REG–103842–07]
(c) In requesting the FHWA’s
concurrence, the toll agency shall RIN 1545–BG33 [Notice No. 75; Re: Notice No. 73]
demonstrate to the FHWA that the
selected toll collection system and Qualified Films Under Section 199; RIN 1513–AB07
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technology achieves the highest Correction


Labeling and Advertising of Wines,
reasonable degree of interoperability AGENCY: Internal Revenue Service (IRS), Distilled Spirits and Malt Beverages;
possible with other toll facilities. The Treasury. Comment Period Extension
toll agency shall also explain to the
ACTION: Cancellation of notice of public
FHWA how the toll collection system AGENCY: Alcohol and Tobacco Tax and
hearing on proposed rulemaking.
takes into account the use of noncash Trade Bureau, Treasury.

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