Feds say other interstates have priority over I-80 for tolling OK (REVISED)

The Federal Highway Administration's chief counsel James D Ray has sent a discouraging letter to Pennsylvania saying that they have made no decision on the application to toll I-80, but that other candidates for the limited tolling authority or 'slot' in federal law have been promised priority. These are various tolling programs under the Corridors of the Future (CoF) program. I-80 in Pennsylvania was not part of the COF competition.

There is no letter rejecting the application to toll I-80 as we reported earlier today. Apologies for that mistake. More accurately the letter suggests a favorable decision on tolling PA/I-80 is unlikely by saying that CoF projects have priority.

The "letter" is literally two letters (downloadable below) largely identical and addressed to state transport Secretary Allen Biehler and Turnpike CEO Joseph Brimmeier.

The letter says that the process of considering the application is "just beginning" with receipt of the formal application. The letters take issue with a statement by Brimmeier at the IBTTA in Vienna, which we reported, that FHWA has made a decision in favor of tolling.

"FHWA has not granted Pennsylvania the authority to toll I-80.... we are just beginning the review process. In reviewing this application we will conduct a thorough review of the application's merits based on the statutory criteria and determine if the selection of I-80 in Pennsylvania for one of the three nationwide tolling authorities is appropriate."

They say the decision is "discretionary" and they will take into account competing proposals and other factors. But the most discouraging point made for tolling of I-80 is that USDOT in September selected six other interstate facilities for "national prioritization."

USDOT is negotiating development agreements for these six, the letter says. The solicitation for candidate projects promised the winners priority, but Pennsylvania declined to present I-80 for this.

The letter says no timeline for a decision on the I-80 can be promised.

BACKGROUND: The tolling of I-80 is central to the state's Act 44 passed in the summer to fund transportation in the state. Under a lease agreement just signed the Turnpike Commission would have the right to toll I-80 for 50 years in return for lease payments of $750m, $850m, $900m in the next three years, then escalating by 2.5%/year.

By state law under Act 44 the lease payments from the Turnpike would be used by the state DOT for funding free roads and bridges and lossmaking transit services throughout the state. This is apparently in direct contravention of federal law's requirement that US permission to toll the interstate be conditional on a state pledge that the toll revenues be plowed back into the interstate being tolled.

The Interstate System Reconstruction and Rehabilitation Pilot Program 1216b of TEA21 only provides three slots. Two are approved, and apparently the third slot is already being sought by other states for tolling on their interstates. There are other pilot programs allowing tolling.

Here is the letter.

TOLLROADSnews 2007-10-19 1340 REVISED 1515, 1800