Federal Register/vol. 74, No. 94/monday, May 18, 2009/notices
23226
Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Notices
For the Commission, by the Division of
Attorney General and the Secretary of
DEPARTMENT OF STATE
Trading and Markets, pursuant to delegated
the Treasury, I conclude that there is a
authority.9
sufficient factual basis to find that the
[Public Notice 6616 ]
Florence E. Harmon,
relevant circumstances described in
Determination and Certification Under
Deputy Secretary.
section 219 of the Immigration and
Section 40a of the Arms Export Control
[FR Doc. E9–11468 Filed 5–15–09; 8:45 am]
Nationality Act, as amended (hereinafter Act
BILLING CODE 8010–01–P
‘‘INA’’) (8 U.S.C. 1189), exist with
respect to Revolutionary Struggle (aka
Pursuant to section 40A of the Arms
Epanastatikos Aghonas).
Export Control Act (22 U.S.C. 2781), and
DEPARTMENT OF STATE
Therefore, I hereby designate that
Executive Order 11958, as amended, I
organization and its alias as a foreign
hereby determine and certify to the
[Public Notice 6618]
terrorist organization pursuant to
Congress that the following countries
section 219 of the INA.
are not cooperating fully with United
In the Matter of the Review of the
This determination shall be published States antiterrorism efforts: Cuba,
Designation of Revolutionary
in the Federal Register.
Eritrea, Iran, Democratic People’s
Organization 17 November, as a
Republic of Korea (DPRK, or North
Foreign Terrorist Organization
Dated: April 29, 2009.
Korea), Syria, Venezuela.
Pursuant to Section 219 of the
Hillary Rodham Clinton,
This determination and certification
Immigration and Nationality Act, as
Secretary of State, Department of State.
shall be transmitted to the Congress and
Amended
[FR Doc. E9–11546 Filed 5–15–09; 8:45 am]
published in the Federal Register.
Based upon a review of the
BILLING CODE 4710–10–P
Dated: May 8, 2009.
Administrative Record assembled in
James B. Steinberg,
this matter pursuant to Section
DEPARTMENT OF STATE
Deputy Secretary of States, Department of
219(a)(4)(C) of the Immigration and
State.
Nationality Act, as amended (8 U.S.C.
[Public Notice 6619]
[FR Doc. E9–11545 Filed 5–15–09; 8:45 am]
1189(a)(4)(C)) (‘‘INA’’), and in
consultation with the Attorney General
In the Matter of the Designation of
BILLING CODE 4710–10–P
and the Secretary of the Treasury, I
Revolutionary Nuclei, a.k.a.
conclude that the circumstances that
Revolutionary Cells a.k.a. ELA a.k.a.
were the basis for the 2003 re-
Epanastatiki Pirines a.k.a.
DEPARTMENT OF TRANSPORTATION
designation of the aforementioned
Epanastatikos Laikos Agonas a.k.a.
Office of the Secretary of
organization as a foreign terrorist
June 78 a.k.a. Liberation Struggle
Transportation
organization have not changed in such
a.k.a. Organization of Revolutionary
a manner as to warrant revocation of the Internationalist Solidarity a.k.a.
[Docket No. OST–2009–0115]
designation and that the national
Popular Revolutionary Struggle a.k.a.
security of the United States does not
Revolutionary People’s Struggle a.k.a.
Interim Notice of Funding Availability
warrant a revocation of the designation.
Revolutionary Popular Struggle as a
for Supplemental Discretionary Grants
Therefore, I hereby determine that the Foreign Terrorist Organization
for Capital Investments in Surface
designation of the aforementioned
pursuant to Section 219 of the
Transportation Infrastructure Under
organization as a foreign terrorist
Immigration and Nationality Act, as
the American Recovery and
organization, pursuant to Section 219 of
Amended
Reinvestment Act and Request for
the INA (8 U.S.C. 1189), shall be
Comments on Grant Criteria
Based upon a review of the
maintained.
Administrative Records assembled in
AGENCY: Office of the Secretary of
This determination shall be published this matter pursuant to Section
Transportation (‘‘OST’’), DOT.
in the Federal Register.
219(a)(4)(C) of the Immigration and
ACTION: Interim Notice of Funding
Dated: April 22, 2009.
Nationality Act, as amended (8 U.S.C.
Availability, Request for Comments on
James B. Steinberg,
1189(a)(4)(C)) (‘‘INA’’), and in
Grant Criteria.
Deputy Secretary of State, Department of
consultation with the Attorney General
State.
and the Secretary of the Treasury, I
SUMMARY: On February 17, 2009, the
[FR Doc. E9–11550 Filed 5–15–09; 8:45 am]
conclude that the circumstances that
President of the United States signed the
American Recovery and Reinvestment
BILLING CODE 4710–10–P
were the basis for the 2003 re-
designation of Revolutionary Nuclei as
Act of 2009 (the ‘‘Recovery Act’’) to,
a foreign terrorist organization have
among other purposes, (1) preserve and
DEPARTMENT OF STATE
changed in such a manner as to warrant
create jobs and promote economic
a revocation of the designation.
recovery, (2) invest in transportation
[Public Notice 6617]
Therefore, I hereby revoke the
infrastructure that will provide long-
term economic benefits, and (3) assist
In the Matter of the Designation of
designation of the aforementioned
those most affected by the current
Revolutionary Struggle aka
organization as a foreign terrorist
economic downturn. The Recovery Act
Epanastatikos Aghonas as a Foreign
organization, pursuant to Section 219 of
appropriated $1.5 billion of
Terrorist Organization Pursuant to
the INA (8 U.S.C. 1189).
discretionary grant funds to be awarded
Section 219 of the Immigration and
This determination shall be published by the Department of Transportation
Nationality Act, as Amended
in the Federal Register.
(the ‘‘Department’’) for capital
Based upon a review of the
Dated: April 29, 2009.
investments in surface transportation
Administrative Record assembled in
Hillary Rodham Clinton,
infrastructure. The Department is
this matter, and in consultation with the Secretary of State, Department of State.
referring to these grants as ‘‘Grants for
[FR Doc. E9–11549 Filed 5–15–09; 8:45 am]
Transportation Investment Generating
9 17 CFR 200.30–3(a)(12).
BILLING CODE 4710–10–P
Economic Recovery’’ or ‘‘TIGER
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Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Notices
23227
Discretionary Grants.’’ This notice
applications without publishing a
Office of the Secretary of
requests that applications for TIGER
supplemental notice. In addition, in the
Transportation, has received your
Discretionary Grants be submitted by
event that this solicitation does not
comments, you must include a self-
September 15, 2009, from State and
result in the award and obligation of all
addressed stamped postcard. Note that
local governments, including U.S.
available funds, the Department may
all comments received will be posted
territories, tribal governments, transit
decide to publish an additional
without change to www.regulations.gov,
agencies, port authorities, other political solicitation.
including any personal information
subdivisions of State or local
provided, and will be available to
DATES: Comments must be received by
governments, and multi-State or multi-
June 1, 2009. Late-filed comments will
Internet users. You may review the
jurisdictional applicants (‘‘Eligible
be considered to the extent practicable.
Department’s complete Privacy Act
Applicants’’). The funds provided by
Complete applications for TIGER
Statement in the Federal Register
TIGER Discretionary Grants (‘‘Grant
Discretionary Grants must be submitted
published April 11, 2000, (65 FR
Funds’’) will be awarded on a
by September 15, 2009 (the
19477), or you may visit
competitive basis to projects that have a
‘‘Application Deadline’’). Due to the
www.regulations.gov.
significant impact on the Nation, a
For Applications: Applications must
need to expedite the grant award
metropolitan area, or a region.
be submitted to the TIGER Discretionary
process to meet the requirements and
The Recovery Act allows for up to
Grants program manager electronically
purposes of the Recovery Act, the
$200 million of the $1.5 billion to be
via e-mail at TIGERGrants@dot.gov.
Department will evaluate all
used to pay the subsidy and
Applicants should receive a
applications and announce the projects
administrative costs of the
confirmation e-mail, but are advised to
that have been selected to receive Grant
Transportation Infrastructure Finance
request a return receipt to confirm
and Innovation Act of 1998 (‘‘TIFIA’’)
Funds as soon as possible after the
transmission. Only applications
program, a Federal credit assistance
Application Deadline, but no later than
received via e-mail as provided above
program, if it would further the
February 17, 2010. In addition, in the
shall be deemed properly filed.
purposes of the TIGER Discretionary
event that this solicitation does not
FOR FURTHER INFORMATION CONTACT: For
Grants program. The Department is
result in the award and obligation of all
further information concerning this
referring to these payments as ‘‘TIGER
available funds, the Department may
notice please contact the TIGER
TIFIA Payments.’’ The Department
decide to publish an additional
Discretionary Grants program manager
estimates that $200 million of TIGER
solicitation.
via e-mail at TIGERGrants@dot.gov. A
TIFIA Payments could support
ADDRESSES: For Comments: You must
TDD is available at 202–366–7687.
approximately $2 billion in TIFIA credit include the agency name (Office of the
SUPPLEMENTARY INFORMATION: In
assistance. Applicants for TIGER TIFIA
Secretary of Transportation) and the
addition to announcing funding
Payments will be required to submit an
docket number [OST–2009–0115] with
availability, project selection criteria,
application pursuant to this notice and
your comments. To ensure your
application requirements and the
a separate TIFIA loan application.
comments are not entered into the
deadline for submitting applications,
Additional details are included below in docket more than once, please submit
this notice also requests comments on
Section VI (TIGER TIFIA Payments).
comments, identified by the docket
the proposed selection criteria and
Unless otherwise noted, or the context
number [OST–2009–0115], by only one
guidance for awarding TIGER
requires otherwise, references in this
of the following methods:
Discretionary Grants. The Department
notice to TIGER Discretionary Grants
Web site: The U.S. Government
will take all comments into
include TIGER TIFIA Payments.
electronic docket site is
consideration and may publish a
This notice announces the availability www.regulations.gov. Go to this Web
supplemental notice revising some
of funding for TIGER Discretionary
site and follow the instructions for
elements of this notice. If the
Grants, project selection criteria,
submitting comments into docket
Department determines that no
application requirements and the
number [OST–2009–0115];
substantive changes need to be made in
deadline for submitting applications.
Fax: Telefax comments to [OST–
this notice, the Department will respond
However, because this is a new
2009–0115];
to all comments when it publishes a
program, this notice also requests
Mail: Mail your comments to U.S.
Federal Register notice announcing the
comments on the proposed selection
Department of Transportation, 1200
successful applications. If substantive
criteria and guidance for awarding
New Jersey Avenue, SE., Docket
changes are necessary, the Department
TIGER Discretionary Grants. The
Operations, M–30, Room W12–140,
will publish a supplemental Federal
Department will take all comments into
Washington, DC 20590; or
Register notice and request for
consideration and may publish a
Hand Delivery: Bring your comments
applications by June 17, 2009.
supplemental notice revising some
to the U.S. Department of
elements of this notice. If the
Transportation, 1200 New Jersey
Depending on the nature of the
Department determines that no
Avenue, SE., Docket Operations, M–30,
comments and the number of initial
substantive changes need to be made in
West Building Ground Floor, Room
applications received, the Department
this notice, the Department will respond W12–140, Washington, DC 20590,
may award funds based on the initial
to all comments when it publishes a
between 9 a.m. and 5 p.m., Monday
applications without publishing a
Federal Register notice announcing the
through Friday, except Federal holidays. supplemental notice. In addition, in the
successful applications. If substantive
Instructions for submitting comments: event that this solicitation does not
changes are necessary, the Department
You must include the agency name
result in the award and obligation of all
will publish a supplemental Federal
(Office of the Secretary of
available funds, the Department may
Register notice and request for
Transportation) and Docket number
decide to publish an additional
applications by June 17, 2009.
[OST–2009–0115] for this notice at the
solicitation.
Depending on the nature of the
beginning of your comments. You
Table of Contents
comments and the number of initial
should submit two copies of your
I. Background
applications received, the Department
comments if you submit them by mail
II. Selection Criteria and Guidance on
may award funds based on the initial
or courier. For confirmation that the
Application of Selection Criteria
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Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Notices
III. Evaluation and Selection Process
cities, regions, or States (‘‘Smaller
program and to request comments on
IV. Grant Administration
Projects’’). The term ‘‘grant’’ in this
the selection criteria and guidance
V. Waiver of Minimum Grant Size
provision of the Recovery Act does not
outlined in this notice.
Requirement
include TIGER TIFIA Payments.
VI. TIGER TIFIA Payments
Pursuant to the Recovery Act, no
II. Selection Criteria and Guidance on
VII. Contents of Application
Application of Selection Criteria
VIII. Project Benefits
more than 20 percent of the funds made
IX. Reporting Requirements
available under this program may be
This section specifies the criteria that
X. Certification Requirements
awarded to projects in a single State.
the Department will use to evaluate
XI. Questions and Clarifications
The Department must take measures to
ensure an equitable geographic
applications. The criteria incorporate
I. Background
distribution of funds and an appropriate the limited statutory eligibility
On February 17, 2009, the President
balance in addressing the needs of
requirements for this program, which
of the United States signed the Recovery urban and rural communities. TIGER
are specified in this notice as relevant.
Act in order to, among other purposes,
Discretionary Grants may be used for up This section is split into three parts.
(1) preserve and create jobs and promote to 100 percent of project costs, but
Section A (Selection Criteria) specifies
economic recovery, (2) invest in
priority must be given to projects for
the criteria that the Department will use
transportation and other infrastructure
which Federal funding is required to
to rate projects. Additional guidance
that will provide long-term economic
complete an overall financing package
about how the Department will apply
benefits, and (3) assist those most
that includes non-Federal sources of
these criteria, including illustrative
affected by the current economic
funds. Priority must also be given to
metrics and examples, is provided in
downturn.
projects that can be completed by
Section B (Additional Guidance on
The Recovery Act appropriated $1.5
February 17, 2012.
Selection Criteria). Section C (Program-
billion of supplemental discretionary
The Recovery Act permits up to $200
Specific Criteria) explains how the
grant funding for TIGER Discretionary
million of the $1.5 billion appropriated
Department is going to use certain
Grants. These funds are available for
to be used for TIGER TIFIA Payments at
program-specific criteria to help
obligation to Eligible Applicants until
the Department’s discretion if it would
differentiate between similar projects
September 30, 2011. Pursuant to the
further the purposes of the TIGER
(for example, multiple bridge
Recovery Act, TIGER Discretionary
Discretionary Grants program. TIFIA is
replacement projects, or multiple New
Grants are to be awarded on a
a Federal credit assistance program that
Starts projects). The program-specific
competitive basis to projects that have a
provides secured loans, loan guarantees
significant impact on the Nation, a
criteria will not be rated as the selection
and lines of credit to borrowers for up
metropolitan area, or a region.
criteria are rated, but rather will be used
to 33 percent of the costs of major
Projects that are eligible for TIGER
to assign priority among similar projects
surface transportation projects.
Discretionary Grants under the Recovery
during the evaluation and selection
On March 20, 2009, the President of
Act (‘‘Eligible Projects’’) include, but are
process. As stated below in Section
the United States signed a memorandum
not limited to: (1) Highway or bridge
for the heads of executive departments
VII(F) (Contents of Application,
projects eligible under title 23, United
and agencies on ensuring responsible
Selection Criteria), applicants should
States Code, including interstate
spending of Recovery Act funds. The
address both the selection criteria and
rehabilitation, improvements to the
memorandum directs the Department to
the program-specific criteria in their
rural collector road system, the
develop transparent, merit-based
applications.
reconstruction of overpasses and
selection criteria to guide the
A. Selection Criteria
interchanges, bridge replacements,
commitment, obligation and
seismic retrofit projects for bridges, and
expenditure of TIGER Discretionary
TIGER Discretionary Grants will be
road realignments; (2) public
Grant funds.
awarded based on the selection criteria
transportation projects eligible under
The memorandum directs
as outlined below. There are two
chapter 53 of title 49, United States
departments and agencies to award
categories of selection criteria, ‘‘Primary
Code, including investments in projects
TIGER Discretionary Grants to projects
Selection Criteria’’ and ‘‘Secondary
participating in the New Starts or Small
with a demonstrated or potential ability
Selection Criteria.’’
Starts programs that will expedite the
to: ‘‘(i) Deliver programmatic results; (ii)
The Primary Selection Criteria
completion of those projects and their
achieve economic stimulus by
entry into revenue service; (3) passenger optimizing economic activity and the
include (1) Long-Term Outcomes and
and freight rail transportation projects;
number of jobs created or saved in
(2) Jobs Creation & Economic Stimulus.
and (4) port infrastructure investments,
relation to the Federal dollars obligated;
The Secondary Selection Criteria
including projects that connect ports to
(iii) achieve long-term public benefits
include (1) Innovation and (2)
other modes of transportation and
by, for example, investing in
Partnership. The Primary Selection
improve the efficiency of freight
technological advances in science and
Criteria are intended to capture the
movement. Federal wage rate
health to increase economic efficiency
primary objectives of the TIGER
requirements included in subchapter IV
and improve quality of life; investing in
Discretionary Grants provision of the
of chapter 31 of title 40, United States
transportation, environmental
Recovery Act, which include near-term
Code, apply to all projects receiving
protection, and other infrastructure that
economic recovery and job creation,
funds.
will provide long-term economic
maximization of long-term economic
The Recovery Act specifies that grants benefits; fostering energy independence; benefits and impacts on the Nation, a
funded under the program may be no
or improving educational quality; and
region, or a metropolitan area, and
less than $20 million and no greater
(iv) satisfy the Recovery Act’s
assistance for those most affected by the
than $300 million. However, the
transparency and accountability
current economic downturn. The
Recovery Act gives the Department
objectives.’’
Secondary Selection Criteria are
discretion to waive the $20 million
The purpose of this notice is to solicit
intended to capture the benefits of new
minimum grant size for the purpose of
applications from Eligible Applicants
and/or innovative approaches to
funding significant projects in smaller
interested in receiving funds under this
achieving programmatic objectives.
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23229
1. Primary Selection Criteria
(Selection Criteria). Applicants are
provided by the completed project, not
(a) Long-Term Outcomes
encouraged to demonstrate the
the near-term economic benefits of
responsiveness of a project to any and
construction that are captured in the
The Department will give priority to
all of the selection criteria with the most Jobs Creation & Economic Stimulus
projects that have a significant impact
relevant information that applicants can criterion. In weighing long-term
on desirable long-term outcomes for the
provide, regardless of whether such
employment benefits, the quality of jobs
Nation, a metropolitan area, or a region.
information has been specifically
supported will be considered as well as
Applications that do not demonstrate a
requested, or identified, in this notice.
number of jobs and whether these jobs
likelihood of significant long-term
Any such information shall be
are expected to provide employment in
benefits in this criterion will not
considered part of the application, not
Economically Distressed Areas. Priority
proceed in the evaluation process. The
supplemental, for purposes of the
consideration will be given to projects
following types of long-term outcomes
application size limits specified below
that: (i) Improve long term efficiency,
will be given priority:
in Section VII(A) (Length of
reliability or cost-competitiveness in the
(i) State of Good Repair: Improving
Application).
movement of workers or goods, or (ii)
the condition of existing transportation
make improvements that allow for
facilities and systems, with particular
1. Primary Selection Criteria
expansion, hiring, or other growth of
emphasis on projects that minimize life- (a) Long-Term Outcomes
private sector production at specific
cycle costs.
locations, particularly Economically
(ii) Economic Competitiveness:
In order to measure a project’s
Distressed Areas. Applicants may
Contributing to the economic
alignment with this criterion, the
propose other methods of demonstrating
competitiveness of the United States
Department will assess the public
a project’s contribution to the economic
over the medium- to long-term.
benefits generated by the project, as
competitiveness of the country and such
(iii) Livability: Improving the quality
measured by the extent to which a
methods will be reviewed on a case by
of living and working environments and project produces one or more of the
case basis.
the experience for people in
following outcomes.
Economic competitiveness may be
communities across the United States.
(i) State of Good Repair: In order to
demonstrated by the project’s ability to
(iv) Sustainability: Improving energy
determine whether the project will
increase the efficiency and effectiveness
efficiency, reducing dependence on oil,
improve the condition of existing
of the transportation system through
reducing greenhouse gas emissions and
transportation facilities or systems,
integration or better use of all existing
benefitting the environment.
including whether life-cycle costs will
transportation infrastructure (which
(v) Safety: Improving the safety of
be minimized, the Department will
may be evidenced by the project’s
U.S. transportation facilities and
assess (i) whether the project is part of,
involvement with or benefits to more
systems.
or consistent with, relevant state, local
than one mode and/or its compatibility
or regional efforts to maintain
(b) Job Creation & Economic Stimulus
with and preferably augmentation of the
transportation facilities or systems in a
capacities of connecting modes and
Consistent with the purposes of the
state of good repair, (ii) whether an
facilities), but only to the extent that
Recovery Act, the Department will give
important aim of the project is to
these enhancements lead to the
priority to projects that are expected to
rehabilitate, reconstruct or upgrade
economic benefits that are identified in
quickly create and preserve jobs and
surface transportation projects that
the preceding paragraph.
stimulate rapid increases in economic
threaten future economic growth and
(iii) Livability: Livability investments
activity, particularly jobs and activity
stability due to their poor condition, (iii) are projects that not only deliver
that benefit economically distressed
whether the project is appropriately
transportation benefits, but are also
areas as defined by section 301 of the
capitalized up front and uses asset
designed and planned in such a way
Public Works and Economic
management approaches that optimize
that they have a positive impact on
Development Act of 1965, as amended
its long-term cost structure, and (iv) the
qualitative measures of community life.
(42 U.S.C. 3161) (‘‘Economically
extent to which a sustainable source of
This element of long-term outcomes
Distressed Areas’’).
revenue is available for long-term
delivers benefits that are inherently
operations and maintenance of the
2. Secondary Selection Criteria
difficult to measure. However, it is
project. The application should include
implicit to livability that its benefits are
(a) Innovation
any quantifiable metrics of the facility
shared and therefore magnified by the
The Department will give priority to
or system’s current condition and
number of potential users in the affected
projects that use innovative strategies to
performance and, to the extent possible,
community. Therefore, descriptions of
pursue the long-term outcomes outlined projected condition and performance,
how projects enhance livability should
above.
with an explanation of how the project
include a description of the affected
will improve the facility or system’s
community and the scale of the project’s
(b) Partnership
condition, performance and/or long-
impact. In order to determine whether a
The Department will give priority to
term cost structure.
project improves the quality of the
projects that demonstrate strong
(ii) Economic Competitiveness: In
living and working environment of a
collaboration among a broad range of
order to determine whether a project
community, the Department will
participants and/or integration of
promotes the economic competitiveness qualitatively assess whether the project:
transportation with other public service
of the United States, the Department
(1) Will significantly enhance user
efforts.
will assess whether the project will
mobility through the creation of more
measurably contribute over the long-
convenient transportation options for
B. Additional Guidance on Selection
term to growth in employment,
travelers;
Criteria
production or other high value
(2) Will improve existing
The following additional guidance
economic activity. For purposes of
transportation choices by enhancing
explains how the Department will
aligning a project with this outcome,
points of modal connectivity or by
evaluate each of the selection criteria
applicants should provide evidence of
reducing congestion on existing modal
identified above in Section II(A)
the long-term economic benefits that are assets;
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(3) Will improve accessibility and
the prevention of unintended release of
is of sufficient quality and completeness
transport services for economically
hazardous materials.
to allow for a robust assessment of a
disadvantaged populations, non-drivers,
Evaluation of Expected Project Costs
project’s benefit cost ratio, this analysis
senior citizens, and persons with
and Benefits: The Department believes
should be presented. In doing so,
disabilities, or to make goods,
that benefit cost analysis (‘‘BCA’’),
applicants should discuss the effects
commodities, and services more readily
including the monetization and
that better or more complete
available to these groups; and/or
discounting of costs and benefits to a
information would be likely to have on
(4) Is the result of a planning process
common unit of measurement in present the benefit cost ratio presented and the
which coordinated transportation and
day dollars, is an important discipline.
reasons such information was not
land-use planning decisions and
For BCA to yield useful results, the
available for analysis. Where quality or
encouraged community participation in
Department believes that full
completeness of data is not sufficient to
the process.
consideration of cost and benefits is
allow a meaningful assessment of
Livability improvements may include
necessary. These range from factors
whether a project’s benefit cost ratio is
projects for new or improved biking and traditionally considered, including fuel
positive or negative, applicants should
walking infrastructure. Particular
savings and travel time benefits, to some discuss the data limitations that lead to
attention will be paid to the degree to
that have not traditionally been
this conclusion and present a qualitative
which such projects contribute
considered, such as greenhouse gas
comparison of costs and benefits. The
significantly to broader traveler mobility emissions, water quality impacts, public lack of a useful analysis comparing
through intermodal connections, or
health effects, and others. In addition, to expected benefits and costs for any such
improved connections between
be fully useful, BCA should attempt to
project may be ground for denying
residential and commercial areas.
capture the dynamic effects that
award of a TIGER Discretionary Grant to
(iv) Sustainability: In order to
transportation investments can have on
such an applicant.
determine whether a project promotes a
land use and household budgets. The
The Department is still considering
more environmentally sustainable
systematic process of comparing
how best to implement this requirement
transportation system, the Department
expected benefits and costs helps
for applicants seeking TIGER
will assess its ability to:
decision-makers organize information
Discretionary Grants in excess of $100
about, and determine trade-offs
million. The Department therefore
(1) improve energy efficiency, reduce
between, alternative transportation
requests comments on appropriate input
dependence on oil and/or reduce
investments. The Department has
and output requirements,
greenhouse gas emissions; applicants
responsibility under Executive Order
methodological standards, and other
are encouraged to provide quantitative
12893, Principles for Federal
characteristics of this analysis.
information regarding expected
Infrastructure Investments, 59 FR 4233,
Comments are also requested on how
reductions in emissions of CO2 or fuel
to base infrastructure investments on
this approach might best be applied to
consumption as a result of the project,
systematic analysis of expected benefits
criteria that do not readily lend
or expected use of clean or alternative
and costs, including both quantitative
themselves to monetization. As soon as
sources of energy; projects that
and qualitative measures.
possible after the comment period, DOT
demonstrate a projected decrease in the
Therefore, applicants for TIGER
will publish more detailed guidance on
movement of people or goods by less
Discretionary Grants are generally
the analysis required for applicants
energy-efficient vehicles or systems will required to identify, quantify, and
seeking TIGER Discretionary Grants in
be given priority under this factor; and
compare expected benefits and costs,
excess of $100 million.
(2) maintain, protect or enhance the
subject to the following qualifications:
In all cases, if it is clear to the
environment, as evidenced by its
This requirement will be waived for
Department that the total benefits of a
avoidance of adverse environmental
applicants seeking waivers of the $20
project are not reasonably likely to
impacts (for example, adverse impacts
million minimum grant size
outweigh the project’s costs, the
related to air quality, wetlands, and
requirement for Smaller Projects.
Department will not award a TIGER
endangered species) and/or by its
Any applicant seeking a TIGER
Discretionary Grant to the project.
environmental benefits (for example,
Discretionary Grant of more than $20
Consistent with the broader goals of the
improved air quality, wetlands creation
million but less than $100 million must
Recovery Act and the specific
or improved habitat connectivity).
include in its application estimates of
appropriation for the TIGER
Applicants are encouraged to provide
the project’s expected benefits in the
Discretionary Grants program, the
quantitative information that validates
five long-term outcomes identified in
Department can consider some factors
the existence of substantial
this Section II(A)(1)(a). The lack of a
that do not readily lend themselves to
transportation-related costs related to
useful analysis of expected project
monetization, including equity, and
energy consumption and adverse
benefits may be ground for denying
distributional, geographic and other
environmental effects and evidence of
award of a TIGER Discretionary Grant to considerations.
the extent to which the project will
any such applicant.
Evaluation of Project Performance:
reduce or mitigate those costs.
Any applicant seeking a TIGER
The Department also encourages
(v) Safety: In order to determine
Discretionary Grant in excess of $100
applicants with the requisite
whether the project improves safety, the million must provide a well-developed
wherewithal to provide a plan for
Department will assess the project’s
analysis of expected benefits and costs,
evaluating the success of the project (or
ability to reduce the number, rate and
including a description of input and
a program of projects) and measuring
consequences of surface transportation-
output requirements and other
short- and long-term performance,
related crashes, and injuries and
methodological standards used for the
specifically with respect to the
fatalities among drivers and/or non-
analysis. The analysis should indicate
economic recovery measures and long-
drivers in the United States or in the
the value that was assigned for
term outcomes specified in this notice.
affected metropolitan area or region,
qualitative measures, in addition to
and/or its contribution to the
quantitative measures. Where
(b) Job Creation & Economic Stimulus
elimination of highway/rail grade
information on costs and benefits,
In order to measure a project’s
crossings, the protection of pipelines, or including consideration of externalities,
alignment with this criterion, the
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23231
Department will assess whether the
applicants should indicate whether the
The Department reserves the right to
project promotes the short- or long-term
project’s procurement plan is likely to
revoke any award of TIGER
creation or preservation of jobs and
create follow-on jobs and economic
Discretionary Grant funds and to award
whether the project rapidly promotes
stimulus for manufacturers and
such funds to another project to the
new or expanded business opportunities suppliers that support the construction
extent that such funds are not timely
during construction of the project or
industry. A key consideration in
expended and/or construction does not
thereafter. Demonstration of a project’s
assessing projects under this criterion
begin in accordance with the project
rapid economic impact is critical to a
will be how quickly jobs are created.
schedule. Because projects have
project’s alignment with this criterion.
Consistent with Section 1602 of the
different schedules the Department will
Applicants are encouraged to provide
Recovery Act (Preference for Quick-
consider on a case-by-case basis how
information to assist the Department in
Start Activities), the Department will
much time after award of a TIGER
making these assessments, including the assess whether a project is ready to
Discretionary Grant each project has
total amount of funds that will be
proceed rapidly upon receipt of a TIGER before funds must be expended and
expended on construction and
Discretionary Grant, as evidenced by:
construction started. This deadline will
construction-related activities by all of
(i) Project Schedule: A feasible and
be specified for each TIGER
the entities participating in the project
sufficiently detailed project schedule
Discretionary Grant in the project-
and, to the extent measurable, the
demonstrating that the project can begin specific grant agreements signed by the
number and type of jobs to be created
construction quickly upon receipt of a
grant recipients and will be based on
and/or preserved by the project during
TIGER Discretionary Grant and that the
critical path items identified by
construction and thereafter. Applicants
Grant Funds will be spent steadily and
applicants in response to items (i)
should also identify any business
expeditiously once construction starts;
through (vi) above. For example, if an
enterprises to be created or benefited by
the schedule should show how many
applicant reasonably anticipates that
the project during its construction and
direct, on-project jobs are expected to be National Environmental Policy Act
once it becomes operational.
created or sustained during each
requirements will be completed and
Consistent with the Recovery Act, the
calendar quarter after the project is
final documentation received within 30
Updated Implementing Guidance for the underway;
to 60 days of award of a TIGER
American Recovery and Reinvestment
(ii) Environmental Approvals: Receipt Discretionary Grant, this timeframe will
Act of 2009 issued by the Office of
(or reasonably anticipated receipt) of all
be taken into account in evaluating the
Management and Budget (‘‘OMB’’) on
environmental approvals necessary for
application, but also in establishing a
April 3, 2009 (the ‘‘OMB Guidance’’),
the project to proceed to construction on deadline for expenditure of funds and
and federal laws guaranteeing equal
the timeline specified in the project
commencement of construction. The
opportunity, applicants are encouraged
schedule, including satisfaction of all
Department’s ability to obligate funds
to provide information to assist the
Federal, State and local requirements
for TIGER Discretionary Grants expires
Department in assessing (1) whether the
and completion of the National
on September 30, 2011.
project will promote the creation of job
Environmental Policy Act process;
In compliance with the Recovery Act,
opportunities for low-income workers
(iii) Legislative Approvals: Receipt of
the Department will give priority to
through the use of best practice hiring
projects that are expected to be
programs and utilization of
all necessary legislative approvals (for
completed on or before February 17,
apprenticeship (including pre-
example, legislative authority to charge
2012. For purposes of this solicitation,
apprenticeship) programs; (2) whether
user fees or set toll rates), and evidence
‘‘completed’’ means that all of the
the project will provide maximum
of support from State and local officials, TIGER Discretionary Grant funds
practicable opportunities for small
including relevant governor(s) and/or
awarded to the project have been
businesses and disadvantaged business
mayors. Evidence of support from all
obligated and expended and
enterprises, including veteran-owned
relevant State and local officials is not
construction of the project is
small businesses and service disabled
required, however, the evidence should
substantially complete.
veteran-owned small businesses; (3)
demonstrate that the project is broadly
The ability of the grant recipient to
whether the project will make effective
supported;
complete the project by this date must
use of community-based organizations
(iv) State and Local Planning: The
be clearly demonstrated in the project
in connecting disadvantaged workers
inclusion of the project in the relevant
schedule. The Department will give
with economic opportunities; (4)
State, metropolitan, and local planning
priority to projects that utilize
whether the project will support entities documents, or a certification from the
innovative contracting approaches that
that have a sound track record on labor
appropriate agency that the project will
encourage accelerated project delivery.
practices and compliance with federal
be included in the relevant planning
The Department will consider projects
laws ensuring that American workers
document prior to award of a TIGER
that are not expected to be completed by
are safe and treated fairly; and (5)
Discretionary Grant;
February 17, 2012, but these projects
whether the project implements best
(v) Technical Feasibility: The
practices, consistent with our nation’s
technical feasibility of the project,
will not be rated as highly under this
civil rights and equal opportunity laws,
including completion of substantial
criterion.
for ensuring that all individuals—
preliminary engineering work; and
2. Secondary Selection Criteria
regardless of race, gender, age,
(vi) Financial Feasibility: The viability (a) Innovation
disability, and national origin—benefit
and completeness of the project’s
from the Recovery Act.
financing package (assuming the
In order to measure a project’s
To the extent possible, applicants
availability of the requested TIGER
alignment with this criterion, the
should indicate whether the
Discretionary Grant funds), including
Department will assess the extent to
populations most likely to benefit from
evidence of stable and reliable financial
which the project uses innovative
the creation or preservation of jobs or
commitments and contingency reserves, technology (including, for example,
new or expanded business opportunities as appropriate, and evidence of the
intelligent transportation systems,
are from Economically Distressed Areas. grant recipient’s ability to manage
dynamic pricing, rail wayside or on-
In addition, to the extent possible,
grants.
board energy recovery, smart cards, real-
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Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Notices
time dispatching, active traffic
metropolitan benefits. Multiple States or selection criteria outlined in Section
management, radio frequency
jurisdictions may submit a joint
II(A) (Selection Criteria). The
identification (RFID), or others) to
application and should identify a lead
Department will use the following
pursue one or more of the long-term
State or jurisdiction as the primary
program-specific criteria, where
outcomes outlined above and/or to
point of contact. Where multiple States
applicable, to assign priority among
significantly enhance the operational
are submitting a joint application, the
similar projects:
performance of the transportation
application should demonstrate how the
1. For bridge replacement projects,
system. The Department will also assess project costs are apportioned between
program-specific criteria are the
the extent to which the project
the States to assist the Department in
following criteria found in 23 CFR 707:
incorporates innovations that
making the distributional
Total daily truck and non-truck traffic,
demonstrate the value of new
determinations described below in
bridge sufficiency ratings, and bridges
approaches to, among other things,
Section III(C) (Distribution of Funds).
with load or geometric restrictions.
transportation funding and finance,
(ii) Disciplinary Integration: In order
2. For transit projects, program-
contracting, project delivery, congestion to demonstrate the value of partnerships specific criteria are as follows: Bus and
management, safety management, asset
across government agencies that serve
rail fleet purchases that are within
management, or long-term operations
the various public service missions
established FTA spare ratio policies,
and maintenance. The applicant should
forwarded by the Recovery Act and to
rehabilitation and replacement of assets
clearly demonstrate that the innovation
promote collaboration on the objectives
that have exceeded the useful life span
is designed to pursue one or more of the outlined in this notice, the Department
as identified in FTA policy, and/or the
long-term outcomes outlined above and/ will give priority to projects that are
proposed project’s rating under the New
or significantly enhance the
supported, financially or otherwise, by
Starts and Small Starts program criteria,
transportation system.
non-transportation public agencies that
as applicable (a copy of the criteria used
are pursuing similar objectives. For
(b) Partnership
for this program is available at http://
example, the Department will give
www.fta.dot.gov/planning/newstarts/
(i) Jurisdictional & Stakeholder
priority to transportation projects that
planning_environment_5615.html).
Collaboration: In order to measure a
create more livable communities and are
3. For projects involving port
project’s alignment with this criterion,
supported by relevant public housing
infrastructure investments, program-
the Department will assess the project’s
agencies, or transportation projects that
specific criteria are, for both current
involvement of non-Federal entities and encourage energy efficiency or improve
state and post-project completion, the
the use of non-Federal funds, including
the environment and are supported by
port or system’s:
the scope of involvement and share of
relevant public agencies with energy or
(a) Passenger and/or freight
total funding. The Department will give
environmental missions.
throughput, storage or processing
priority to projects that receive financial
capacity, including but not limited to,
commitments from, or otherwise
C. Program-Specific Criteria
capacity movement (in tonnage, TEU
involve, State and local governments,
The Department will use certain
(twenty-foot equivalent unit), barrels,
other public entities, or private or
program-specific criteria in the
etc.) across the dock, storage capacity on
nonprofit entities, including projects
evaluation and selection process to help the terminal, and gate throughput;
that engage parties that are not
differentiate between similar projects.
(b) Demand for services or demand for
traditionally involved in transportation
Similar projects are those that have
capacity (in the case of post-project
projects, such as nonprofit community
similar characteristics and satisfy the
completion, projections or estimates);
groups. Pursuant to the OMB Guidance,
eligibility requirements of existing
(c) Efficiency (e.g. time savings,
the Department will give priority to
programmatic structures (for example,
including vessel turnaround, gate and
projects that make effective use of
two urban light rail projects eligible to
dwell times, and/or cost savings);
community-based organizations in
participate in the New Starts program).
(d) Reliability and/or resiliency,
connecting disadvantaged people with
To the extent two or more similar
including but not limited to, ability of
economic opportunities.
projects have similar ratings based on
the facility or system to recover from
In compliance with the Recovery Act,
the selection criteria outlined in Section natural or man-made disasters and
the Department will give priority to
II(A) (Selection Criteria), the program-
provide necessary services;
projects for which a TIGER
specific criteria will be used to assign
(e) National security or National
Discretionary Grant will help to
priority among these projects.
interest aspects of items (a) through (d)
complete an overall financing package.
Projects will not be given specific
above including but not limited to
An applicant should clearly
ratings of ‘‘highly recommended,’’
movement of Department of Defense
demonstrate the extent to which the
‘‘recommended’’ or ‘‘not recommended’’ assets and strategic location; and
project cannot be readily and efficiently
for applicable program-specific criteria;
(f) External factors that may influence
completed without Federal assistance,
rather, the Department will use the
or limit items (a) through (e) above
and the extent to which other sources of program-specific criteria to rank similar
(channel or berth maintenance or
Federal assistance are or are not readily
projects. To the extent otherwise similar deepening and other navigation issues,
available for the project, including other projects can be differentiated based on
road, rail or waterway factors that could
funds made available pursuant to the
the selection criteria, program-specific
represent bottlenecks and backups, etc.).
Recovery Act. The Department will
criteria will not be given any weight.
4. For TIGER TIFIA Payments,
assess the amount of private debt and
The program-specific criteria are not
program-specific criteria are the eight
equity to be invested in the project or
intended to limit the number of similar
statutory selection criteria used by the
the amount of co-investment from State, projects that can receive TIGER
Department’s TIFIA Joint Program
local or other non-profit sources.
Discretionary Grants.
Office to evaluate and select projects
The Department will also assess the
Program-specific criteria will only be
(these criteria have been assigned
extent to which the project
applied to the types of projects
weights through regulation, as indicated
demonstrates collaboration among
identified below. Any other type of
below):
neighboring or regional jurisdictions to
project will be differentiated from other
(a) The extent to which the project is
achieve National, regional or
similar projects solely based on the
nationally or regionally significant, in
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23233
terms of generating economic benefits,
achieve economic stimulus by
differentiate among highly rated
supporting international commerce, or
optimizing economic activity and the
projects, the Department will use a
otherwise enhancing the national
number of jobs created or saved in
similar three-tiered rating process to re-
transportation system (20 percent);
relation to the Federal dollars obligated;
assess the projects that were highly
(b) The extent to which the project
(iii) achieve long-term public benefits
rated and identify those that should be
helps maintain or protect the
by, for example, investing in
most highly rated.
environment (20 percent);
technological advances in science and
The Department will give more
(c) The extent to which TIFIA
health to increase economic efficiency
weight to the two Primary Selection
assistance would foster innovative
and improve quality of life; investing in
Criteria (Long-Term Outcomes and Jobs
public-private partnerships and attract
transportation, environmental
Creation & Economic Stimulus) than to
private debt or equity investment (20
protection, and other infrastructure that
the two Secondary Selection Criteria
percent);
will provide long-term economic
(d) The creditworthiness of the
(Innovation and Partnership). Projects
benefits; fostering energy independence;
project, including a determination by
that are unable to demonstrate a
or improving educational quality; and
the Secretary that any financing for the
likelihood of significant long-term
(iv) satisfy the Recovery Act’s
project has appropriate security
benefits in any of the five long-term
transparency and accountability
features, such as a rate covenant, to
outcomes identified in Section
objectives.’’
ensure repayment (12.5 percent);
II(A)(1)(a) (Long-Term Outcomes) will
In accordance with the memorandum,
(e) The likelihood that TIFIA
not proceed in the evaluation process. A
the Department will not award TIGER
assistance would enable the project to
project need not be well aligned with
Discretionary Grants to any project that
proceed at an earlier date than the
is imprudent or does not further the job
each of the long-term outcomes in order
project would otherwise be able to
creation, economic recovery and other
to be successful in the long-term
proceed (12.5 percent);
purposes of the Recovery Act.
outcomes criterion overall. However, to
(f) The extent to which the project
be successful in the long-term outcomes
uses new technologies, including
B. Evaluation Process
criterion a project must be ‘‘highly
Intelligent Transportation Systems
The Department will establish an
recommended’’ for at least one of the
(ITS), that enhance the efficiency of the
evaluation team to review each
long-term outcomes or ‘‘recommended’’
project (5 percent);
application that is received by the
for multiple long-term outcomes.
(g) The amount of budget authority
Department prior to the Application
Projects that are strongly aligned with
required to fund the Federal credit
Deadline. The evaluation team will be
multiple long-term outcomes will be the
instrument made available (5 percent);
organized and led by the Office of the
most successful in this criterion.
and
Secretary and will include members
For the Jobs Creation & Economic
(h) The extent to which TIFIA
from each of the Cognizant Modal
Stimulus criterion, projects need not
assistance would reduce the
Administrations (as defined below).
receive a rating of ‘‘highly
contribution of Federal grant assistance
These representatives will include
recommended’’ in order to be
to the project (5 percent).
technical and professional staff with
recommended for funding, although a
In addition, approval for TIFIA credit
relevant experience and/or expertise.
project that is not ready to proceed
assistance requires the receipt of a
The evaluation team will be responsible
quickly, as evidenced by the items
preliminary rating opinion letter
for evaluating and rating all of the
requested in Section II(B)(1)(b)(i)–(vi)
indicating that the project’s senior debt
projects and making funding
(Project Schedule, Environmental
obligations have the potential to attain
recommendations to the Secretary. The
Approvals, Legislative Approvals, State
an investment-grade rating. Complete
evaluation process will require team
and Local Planning, Technical
details regarding the TIFIA selection
members to evaluate and rate
Feasibility, and Financial Feasibility), is
process can be found in the program
applications individually before
less likely to be successful in this
guide, which can be downloaded from
convening with other members to
criterion.
http://tifia.fhwa.dot.gov/.
discuss ratings. The composition of the
The Department will give less weight
III. Evaluation and Selection Process
evaluation team will be finalized after
to the two Secondary Selection Criteria
the Application Deadline, based on the
A. Ensuring Responsible Spending of
(Innovation and Partnership) than to the
number and nature of applications
Recovery Act Funds
two Primary Selection Criteria (Long-
received.
Term Outcomes and Jobs Creation &
On March 20, 2009, the President of
The Department will not assign
Economic Stimulus). The two
the United States signed a memorandum specific numerical scores to projects
Secondary Selection Criteria will be
for the heads of executive departments
based on the selection criteria outlined
rated equally.
and agencies on ensuring responsible
above in Section II(A) (Selection
spending of Recovery Act funds. The
Criteria). Rather, ratings of ‘‘highly
As noted above in Section II(C)
memorandum directs the Department to
recommended,’’ ‘‘recommended,’’ or
(Program-Specific Criteria), the
develop transparent, merit-based
‘‘not recommended’’ will be assigned to
Program-Specific Criteria will not be
selection criteria to guide the
projects for each of the selection criteria. given ratings and will only be used to
commitment, obligation and
The Department will award TIGER
the extent the Department needs to
expenditure of TIGER Discretionary
Discretionary Grants to projects that are
differentiate and assign priority among
Grant funds.
‘‘highly recommended’’ in one or more
similar projects that have similar ratings
In accordance with the memorandum, of the selection criteria, with projects
based on the selection criteria outlined
the criteria specified in this notice help
that are ‘‘highly recommended’’ in
above in Section II(A) (Selection
ensure that TIGER Discretionary Grants
multiple selection criteria being more
Criteria).
will be awarded to projects with a
likely to receive TIGER Discretionary
The following table summarizes the
demonstrated or potential ability to: ‘‘(i)
Grants. To the extent the initial
weighting of the selection criteria, as
Deliver programmatic results; (ii)
evaluation process does not sufficiently
described in the preceding paragraphs:
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Long-Term Outcomes .........................................
The Department will give more weight to this criterion than to either of the Secondary Selec-
tion Criteria. In addition, this criterion has a minimum threshold requirement. Projects that
are unable to demonstrate a likelihood of significant long-term benefits in any of the five
long-term outcomes identified in this criterion will not proceed in the evaluation process.
Jobs Creation & Economic Stimulus ..................
The Department will give more weight to this criterion than to either of the Secondary Selec-
tion Criteria. This criterion will be considered after it is determined that a project dem-
onstrates a likelihood of significant long-term benefits in at least one of the five long-term
outcomes identified in the long-term outcomes criterion.
Innovation & Partnership ....................................
The Department will give less weight to these criteria than to the Primary Selection Criteria.
Project-Specific Criteria ......................................
The Department will only give weight to these criteria to the extent the Department needs to
differentiate multiple similar projects that are rated similarly based on the Primary and Sec-
ondary Selection Criteria.
To be selected for a TIGER
these determinations. In addition, the
schedule. The Department’s ability to
Discretionary Grant, a project must be
Department will use the subsidy and
obligate funds for TIGER Discretionary
an Eligible Project and the applicant
administrative cost estimate, not the
Grants expires on September 30, 2011.
must be an Eligible Applicant. The
principal amount of credit assistance, to V. Waiver of Minimum Grant Size
Department may consider one or more
determine any TIGER TIFIA Payment’s
Requirement
components of a large project to be an
effect on these distributional
Eligible Project, but only to the extent
requirements.
The Department has discretion under
that the components themselves, not the
the Recovery Act to waive the $20
D. Transparency of Process
project of which they are a part, are
million minimum grant size
Eligible Projects and satisfy the
In the interest of transparency, the
requirement for Smaller Projects.
selection criteria specified in this
Department will disclose as much of the Applicants for TIGER Discretionary
notice. For these projects, the benefits
information related to its evaluation
Grants of less than $20 million for
described in an application must be
process as is practical. The Department
Smaller Projects are encouraged to
related to the components of the project
expects that the TIGER Discretionary
apply and should address the same
for which funding is requested, not the
Grants program may be reviewed and/or criteria as applicants for TIGER
full project of which they are a part.
audited by Congress, the U.S.
Discretionary Grants in excess of $20
Government Accountability Office, the
million. The term ‘‘grant’’ in this
C. Distribution of Funds
Department’s Inspector General, or
provision of the Recovery Act does not
As noted above in Section I
others, and has and will continue to
include TIGER TIFIA Payments.
(Background), the Recovery Act
take steps to document its decision
prohibits the award of more than 20
VI. TIGER TIFIA Payments
making process.
percent of the funds made available
Up to $200 million of the $1.5 billion
under this program to projects in any
IV. Grant Administration
available for TIGER Discretionary Grants
one State. The Recovery Act also
The Department expects that each
may be used for TIGER TIFIA Payments.
requires that the Department take
TIGER Discretionary Grant will be
Given the average subsidy cost of the
measures to ensure an equitable
administered by the modal
existing TIFIA portfolio, $200 million in
geographic distribution of funds and an
administration in the Department with
TIGER TIFIA Payments could support
appropriate balance in addressing the
the most experience and/or expertise in
approximately $2 billion in Federal
needs of urban and rural communities.
the relevant project area (the ‘‘Cognizant credit assistance. Applicants seeking
The Department will apply an initial
Modal Administration’’), pursuant to a
TIGER TIFIA Payments should apply in
unconstrained competitive rating
grant agreement between the TIGER
accordance with all of the criteria and
process based on the selection criteria
Discretionary Grant recipient and the
guidance specified in this notice for
and program-specific criteria identified
Cognizant Modal Administration. In
TIGER Discretionary Grant applicants
above in Section II(A) (Selection
accordance with the Recovery Act, the
and will be evaluated concurrently with
Criteria) and Section II(C) (Program-
Secretary has the discretion to delegate
all other applications. Any applicant
Specific Criteria) to determine a
such responsibilities.
seeking a TIGER TIFIA Payment is
preliminary list of projects
Applicable Federal laws, rules and
required to comply with all of the TIFIA
recommended for TIGER Discretionary
regulations will apply to projects that
program’s standard application and
Grants. The Department will then
receive TIGER Discretionary Grants,
approval requirements, including
analyze the preliminary list and
including all of the requirements
submission of a Letter of Interest prior
determine whether the purely
included in the Recovery Act.
to submission of a TIFIA application
competitive ratings are consistent with
As noted above in Section II(B)(1)(b)
(the TIFIA program guide can be
distributional requirements of the
(Jobs Creation & Economic Stimulus),
downloaded from http://
Recovery Act. If necessary, the
how soon after award a project is
tifia.fhwa.dot.gov/). The Letter of
Department will adjust the list of
expected to expend Grant Funds and
Interest must be submitted at least six
recommended projects to satisfy the
start construction will be considered on
weeks prior to the Application
statutory distributional requirements
a case-by-case basis and will be
Deadline.
while remaining as consistent as
specified in the project-specific grant
The Department does not expect
possible with the competitive ratings.
agreements. The Department reserves
applicants for TIGER TIFIA Payments to
As noted above in Section
the right to revoke any award of TIGER
have received an instrument from TIFIA
II(B)(2)(b)(i) (Jurisdictional &
Discretionary Grant funds and to award
obligating Federal credit assistance for
Stakeholder Collaboration), applications such funds to another project to the
the project before the application is
submitted jointly by multiple States
extent that such funds are not timely
submitted; however, applicants should
should include an allocation of project
expended and/or construction does not
demonstrate that they are ready to
costs to assist the Department in making begin in accordance with the project
proceed rapidly upon receipt of a TIGER
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23235
TIFIA Payment in accordance with the
example, New Starts or TIFIA) may be
responsiveness of a project to any and
guidance specified above in Section
referenced and described as unchanged.
all of the selection criteria with the most
II(B)(1)(b) (Job Creation & Economic
To the extent referenced, this
relevant information that applicants can
Stimulus). The Department’s TIFIA Joint information need not be resubmitted for provide, regardless of whether such
Program Office will assist the
the TIGER Discretionary Grant
information has been specifically
Department in determining a project’s
application.
requested, or identified, in this notice.
readiness to proceed rapidly upon
Any such information shall be
receipt of a TIGER TIFIA Payment.
B. Contact Information
considered part of the application, not
Applicants seeking TIGER TIFIA
An application should include the
supplemental, for purposes of the
Payments may also apply for a TIGER
name, phone number, e-mail address
application size limits identified above
Discretionary Grant for the same project
and organization address of the primary
in item A (Length of Applications). If an
and must indicate the type(s) of funding point of contact for the applicant. The
applicant is unsure whether any of the
for which they are applying clearly on
Department will use this information to
program-specific criteria apply to its
the face of their applications. An
inform parties of the Department’s
project and should be addressed in its
applicant for a TIGER TIFIA Payment
decision regarding selection of projects,
application the applicant should contact
must submit an application pursuant to
as well as to contact parties in the event
the Department pursuant to the
this notice for a TIGER TIFIA Payment
that the Department needs additional
procedures specified below in Section X
even if it does not wish to apply for a
information about an application.
(Questions and Clarifications).
TIGER Discretionary Grant.
Information provided pursuant to this
Unless otherwise expressly noted
C. Project Description
paragraph must be quantified, to the
herein, any and all requirements that
An application should include a
extent possible, to describe the project’s
apply to TIGER Discretionary Grants
detailed description of the proposed
impacts on the Nation, a metropolitan
pursuant to the Recovery Act, this
project and geospatial data for the
area, or a region. Information provided
notice, or otherwise, including all
project, including a map of the project’s
pursuant to this paragraph should
reporting and Recovery Act related
location and its connections to existing
include projections for both the build
requirements, apply to TIGER TIFIA
transportation infrastructure. An
and no-build scenarios for the project
Payments. TIFIA applicants that do not
application should also include a
for a point in time at least 20 years
receive TIGER TIFIA Payments will not
description of how the project addresses beyond the project’s completion date or
be required to comply with any of these
the needs of an urban and/or rural area.
the lifespan of the project, whichever is
requirements.
An application should clearly describe
closest to the present.
VII. Contents of Application
the transportation challenges that the
project aims to address, and how the
G. Federal Wage Rate Requirement
An applicant for a TIGER
project will address these challenges.
An application must include a
Discretionary Grant should include all
This description should include
certification, signed by the applicant,
of the information requested below in
relevant data such as, for example,
stating that it will comply with the
its application. The Department reserves passenger or freight volumes, congestion requirements of subchapter IV of
the right to ask any applicant to
levels, infrastructure condition, or safety chapter 31 of title 40, United States
supplement the data in its application,
experience.
Code (Federal wage rate requirements),
but expects applications to be complete
as required by the Recovery Act.
upon submission. To the extent
D. Project Parties
practical, the Department encourages
An application should include
H. National Environmental Policy Act
applicants to provide data and evidence
information about the grant recipient
Requirement
of project merits in a form that is
and other project parties.
An application must detail whether
publicly available or verifiable. For
the project will significantly impact the
TIGER TIFIA Payments, these
E. Grant Funds and Sources and Uses of natural, social and/or economic
requirements apply only to the
Project Funds
environment. If the NEPA process is
applications required under this notice;
An application should include
completed, an applicant must indicate
the standard TIFIA loan application
information about the amount of grant
the date of, and provide a Web site link
requirements, including the standard
funding requested, sources and uses of
or other reference to, the final
$30,000.00 application fee, are
all project funds, total project costs,
Categorical Exclusion, Finding of No
separately described in the Program
percentage of project costs that would
Significant Impact or Record of
Guide and Application Form found at
be paid for with TIGER Discretionary
Decision. If the NEPA process is
http://tifia.fhwa.dot.gov/.
Grant funds, and the identity and
underway but not complete, the
percentage shares of all parties
application must detail where the
A. Length of Applications
providing funds for the project
project is in the process, indicate the
The narrative portion of an
(including Federal funds provided
anticipated date of completion and
application should not exceed 25 pages
under other programs).
provide a Web site link or other
in length. Documentation supporting
reference to copies of any NEPA
the assertions made in the narrative
F. Selection Criteria
documents prepared.
portion may also be provided, but
An application must include
should be limited to relevant
information required for the Department I. Environmentally Related Federal,
information. If possible, Web site links
to assess each of the criteria specified in State and Local Actions
to supporting documentation should be
Section II(A) (Selection Criteria), as
An application must indicate whether
provided rather than copies of these
such criteria are explained in Section
the proposed project is likely to require
materials. At the applicant’s discretion,
II(B) (Additional Guidance on Selection
actions by other agencies (e.g., permits),
relevant materials provided previously
Criteria), and each of the relevant
indicate the status of such actions and
to a Cognizant Modal Administration (as criteria specified in Section II(C)
provide a Web site link or other
defined below) in support of a different
(Program-Specific Criteria). Applicants
reference to materials submitted to the
DOT discretionary program (for
are encouraged to demonstrate the
other agencies, and/or demonstrate
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Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Notices
compliance with other Federal, State
transportation facilities and systems; (2)
associated with these contracts; the
and local regulations as applicable,
long-term growth in employment,
number of projects for which contracts
including, but not limited to, Section
production or other high-value
have been awarded under the
4(f) Parklands, Recreation Areas,
economic activity; (3) improved
appropriation and the amount of Grant
Refuges, & Historic Properties; Section
livability of communities across the
Funds associated with these contracts;
106 Historic and Culturally Significant
United States; (4) improved energy
the number of projects for which work
Properties; Clean Water Act Wetlands
efficiency, reduced dependence on oil
has begun under these contracts and the
and Water; Executive Orders Wetlands,
and reduced greenhouse gas emissions;
associated amount of Grant Funds; the
Floodplains, Environmental Justice;
(5) reduced adverse impacts of
number of projects for which work has
Clean Air Act Air Quality (specifically
transportation on the natural
been completed and the associated
note if the project is located in a
environment; (6) reduced number, rate
amount of Grant Funds; the number of
nonattainment area); Endangered
and consequences of surface
direct, on-project jobs created or
Species Act Threatened and
transportation-related crashes, injuries
sustained by the Grant Funds for
Endangered Biological Resources;
and fatalities; (7) greater use of
projects under the appropriation and, to
Magnuson-Stevens Fishery
innovative technology and innovative
Conservation and Management Act
the extent possible, the estimated
approaches to transportation funding
Essential Fish Habitat; The Bald and
indirect jobs created or sustained in
and project delivery; (8) greater
Golden Eagle Protection Act; and/or any
associated supplying industries,
collaboration with state and local
State and local requirements.
including the number of job-years
governments, other public entities,
created and total increase in
J. Protection of Confidential Business
private entities, nonprofit entities, or
employment since February 17, 2009;
Information
other non-traditional partners; or (9)
greater integration of transportation
and the actual aggregate expenditures by
All information submitted as part of
decisionmaking with decisionmaking by each recipient from State sources for
or in support of an application shall use
other public agencies with similar
projects eligible for funding under the
publicly available data or data that can
public service objectives.
program between February 17, 2009,
be made public and methodologies that
Because of the limited nature of this
and September 30, 2010, compared to
are accepted by industry practice and
program, these benefits are likely to be
the level of such expenditures planned
standards, to the extent possible. If the
reported on a project-by-project basis
to occur during this period as of
application includes information that
and trends across projects that were
February 17, 2009.
the applicant considers to be a trade
selected for TIGER Discretionary Grants
secret or confidential commercial or
According to the statute, grant
may not be readily available. In
financial information, the applicant
recipients must submit the first of these
addition, because many of these benefits
should do the following: (1) Note on the
reports not later than 90 days from
are long-term outcomes, it may be years
front cover that the submission
February 17, 2009, and must submit
before the value of the investments can
‘‘Contains Confidential Business
updated reports not later than 180 days,
be quantified and fully reported. The
Information (CBI);’’ (2) mark each
1 year, 2 years, and 3 years after that
Department is considering the most
affected page ‘‘CBI;’’ and (3) highlight or
date. Due to the unique timeframe for
appropriate way to collect and report
otherwise denote the CBI portions. The
TIGER Discretionary Grant awards,
information about these potential
Department protects such information
TIGER Discretionary Grant recipients
project benefits.
from disclosure to the extent allowed
should submit the first of such reports
under applicable law. In the event the
IX. Reporting Requirements
on the first due date following the
Department receives a Freedom of
A. Section 1201(c): Maintenance of
award of Grant Funds and on each
Information Act (FOIA) request for the
Effort: Reporting Requirements
subsequent due date thereafter.
information, the Department will follow
the procedures described in its FOIA
Pursuant to the Recovery Act, entities
B. Section 1512: Reports on Use of
regulations at 49 CFR § 7.17. Only
receiving TIGER Discretionary Grants
Funds
information that is ultimately
will be required to report on grant
Section 1512 of the Recovery Act
determined to be confidential under that activities on a routine basis. Section
(Reports on Use of Funds) requires any
procedure will be exempt from
1201(c) of the Recovery Act
entity that received TIGER Discretionary
disclosure under FOIA.
(Maintenance of Effort: Reporting
Requirements), under General
Grants to submit a report not later than
VIII. Project Benefits
Provision—Department of
10 days after the end of each calendar
The Department expects to identify
Transportation—imposes an obligation
quarter as a condition of receiving
and report on the benefits of the projects on entities receiving TIGER
funding under the Recovery Act.
that it funds with TIGER Discretionary
Discretionary Grants, along with other
Pursuant to the OMB Guidance (which
Grants. To this end, the Department may Department grantees receiving funds
is available at http://
request that recipients of TIGER
from the Department’s Covered
www.whitehouse.gov/omb/assets/
Discretionary Grants cooperate in
Programs, to submit periodic reports to
memoranda_fy2009/m09-15.pdf),
Departmental efforts to collect and
the agency from which funds were
recipients must report to OMB
report on information related to the
received. Section 1201(c)(2) requires
beginning 10 days after the end of the
benefits produced by the projects that
that such reports include, for each
first calendar quarter after funds are
receive TIGER Discretionary Grants.
Covered Program (which includes the
awarded. Recipients should refer to the
In addition to the creation and
TIGER Discretionary Grant program) the OMB Guidance for more detailed
preservation of jobs and other benefits
following information: the amount of
instructions on such reports. OMB is
that the Department is required to track
Grant Funds appropriated, allocated,
currently developing a government-
and report pursuant to the Recovery
obligated, and outlayed under the
wide central reporting system. Detailed
Act, the benefits that the Department
appropriation; the number of projects
instructions for centrally reporting the
reports on may include the following:
put out to bid under the appropriation
required information will be made
(1) Improved condition of existing
and the amount of Grant Funds
available at www.FederalReporting.gov.
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23237
C. Section 1609: Environmental
identifying the amount of funds the
and vetted and are an appropriate use of
Reporting
State planned to expend from State
taxpayer dollars.
Section 1609(c) of the Recovery Act
sources as of February 17, 2009, during
C. Section 1607: Additional Funding
requires that Federal agencies report via
the period between February 17, 2009
Distribution and Assurance of
the President (specifically, to the White
and September 30, 2010, for the types of Appropriate Use of Funds
House Council on Environmental
projects funded by the appropriation.
Section 1607 required that Governors
Quality) every 90 days following
The maintenance of effort requirement
of States receiving funding under the
enactment of the Recovery Act on the
in section 1201(a) applies to any TIGER
Recovery Act certify by April 3, 2009,
status of projects funded under the
Discretionary Grant recipient that is a
that, for Grant Funds provided to any
Recovery Act with respect to
State government (or agency thereof)
State or State agency, the State would
compliance with the National
that planned, as of February 17, 2009, to request and use the funds provided in
Environmental Policy Act.
expend State funds on the project
the Recovery Act and that such funds
To satisfy the purposes of the
receiving a TIGER Discretionary Grant
would be used to create jobs and
Recovery Act, grant recipients may be
during the period between February 17,
promote economic growth.
required to provide additional
2009, and September 30, 2010.
Alternatively, the State legislature could
information in response to requests from B. Section 1511: Transparency and
have acted to accept such funds by the
OMB, the Congressional Budget Office,
Oversight
adoption of a concurrent resolution.
the Government Accountability Office,
States or State agencies ultimately
or the Department’s Inspector General.
For Grant Funds made available to
receiving TIGER Discretionary Grant
The Department will inform grant
State or local governments for
funds must ensure that this Certification
recipients if and when such additional
infrastructure investments, the
has been completed.
reports are required.
Governor, mayor, or other chief
Further information about how grant
executive, as appropriate, must certify
D. Submission of Certifications Under
recipients will be expected to comply
that the infrastructure investment (1)
Sections 1201, 1511, and 1607
with the reporting requirements of the
received the full review and vetting
All Certifications, once executed,
Recovery Act will be provided in the
required by law; and (2) that the chief
shall be submitted to the Secretary of
individual grant agreements signed by
executive accepts responsibility that it
Transportation, c/o Joel Szabat, Deputy
recipients of TIGER Discretionary
is an appropriate use of taxpayer
Assistant Secretary for Transportation
Grants.
dollars. This Certification must be
Policy, at TigerTeam.Leads@dot.gov.
executed and posted on a Web site and
X. Certification Requirements
Certifications may be submitted via e-
linked to Recovery.gov prior to the
mail as electronic, scanned copies, with
As a condition of award, to the extent
recipient of a TIGER Discretionary Grant original signed versions to follow via
applicable, grantees must comply with
receiving Grant Funds. If the potential
U.S. mail. As required by the Recovery
the Certification requirements of the
project is a highway or transit project
Act, Certifications under Section 1511
Recovery Act. These include Section
and it is included in the Statewide
shall be immediately posted on a Web
1201 (Maintenance of Effort); Section
Transportation Improvement Program
site and linked to the Web site
1511 (Transparency and Oversight); and (STIP) with the specific information
Recovery.gov.
Section 1607 (Additional Funding
required by Section 1511 (a description
Distribution and Assurance of
of the investment, the estimated total
XI. Questions and Clarifications
Appropriate Use of Funds). On February cost, and the amount of ARRA funds to
Questions about this notice should be
27, 2009, Secretary of Transportation
be used), it may be included in the
submitted to the TIGER Discretionary
Ray LaHood sent a letter to the
Governor’s Section 1511 Certification
Grants program manager via e-mail at
Governors of each State providing
covering highway and transit projects in TIGERGrants@dot.gov. The Department
guidance and a template for the
a State. One way for the Governor’s
will regularly post answers to these
Certifications required by the Recovery
Certification to satisfy the Section 1511
questions and other important
Act, a copy of which is available on the
requirement is for the Certification to
clarifications on the Department’s Web
Department’s Recovery Act Web site, at
state that the project is included in the
site at http://www.dot.gov/recovery/ost/.
http://www.dot.gov/recovery/. All
STIP and therefore has completed the
Issued on: May 12, 2009.
applicable Certifications must be
TIP/STIP planning process. In this case,
Ray LaHood,
submitted to the Department at
the Governor’s Certification must also
TigerTeam.Leads@dot.gov.
provide a link to the public web posting
Secretary.
Certifications may be submitted via e-
of the STIP that includes (or will
[FR Doc. E9–11542 Filed 5–15–09; 8:45 am]
mail as electronic, scanned copies, with
include) any highway and transit project BILLING CODE 4910–9X–P
original signed versions to follow via
designated to receive Recovery Act
U.S. mail.
funding. If the project is not included in
the STIP, a separate Certification for the
DEPARTMENT OF TRANSPORTATION
A. Section 1201(a): Maintenance of
potential TIGER Discretionary Grant
Effort
Surface Transportation Board
project must be executed, attaching the
By March 19, 2009, State Governors
relevant information or linking to a
[STB Docket No. MC–F–17950]
were required to certify to the Secretary
public Web site where the information
of Transportation that the State would
may be obtained. This Certification
Mayflower Transit, LCC—Pooling
maintain its effort with regard to State
must include a description of the
Agreement
funding for the types of projects funded
investment, the estimated total cost, and AGENCY: Surface Transportation Board.
by the appropriation, for each amount
the amount of covered funds to be used,
ACTION: Request for comments.
distributed to a State or a State agency
and must be posted online and linked
under this program. As part of this
to the Web site Recovery.gov. The
SUMMARY: Mayflower Transit, LLC
Certification, the Governor was required Certification must also state that the
(Mayflower), on behalf of itself and
to submit to the Secretary a statement
projects have been properly reviewed
certain affiliated companies, filed an
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