TC 06-22-09 Meeting MinutesMEMORANDUM
TO: Board of Supervisors
COUNTY of FREDERICK
Department of Planning and Development
FROM: John A. Bishop, AICP, Deputy Director - Transportation N
RE: Transportation Committee Report for Meeting of June 22, 2009
DATE: July 1, 2009
The Transportation Committee met on June 22, 2009 at 8:30 a.m.
Members Present
Chuck DeHaven (voting)
Phil Lemieux (voting)
Dave Burleson (voting)
James Racey (voting)
George Kriz (liaison PC)
Gary Oates (liaison PC)
Lewis Boyer (liaison Stephens City)
1. TIA Standards
Members Absent
Mark Davis (liaison Middletown)
'Items Requiring Action***
540/665-5651
FAX: 540/665-6395
As directed by the Committee, staff coordinated with the Top of Virginia Builders Association
on the final language item of concern. The attached draft contains the language that was agreed
upon.
The Committee accepted the language changes and was complimentary of the cooperation and
assistance provided by the Top of Virginia Builders Association.
On a motion by Phil Lemieux, seconded by James Racey, the Committee voted to recommend
adoption of the policy to the Board of Supervisors and to further recommend that appropriate
updates be made to the ordinance referencing the new TIA policy.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Traffic Impact Analysis Standards
Draft 6 06/15/2009
A Trak Impact Analysis (TIA) may be required to allow County Officials and staff the
opportunity to assess the impact of a proposed development. The TIA should provide sufficient
information to allow this assessment to take place. Any application that includes a TIA, which does
not meet the standards herein, shall not be considered complete.
When a TIA is required
Any action that meets the thresholds outlined in the Virginia Department of Transportation Chapter
527 regulations shall require a TIA (see attached VDOT table). Additionally, Frederick County
may choose to require a TIA under the following scenarios;
1. All rezoning will require a TIA unless waived by Planning Staff.
2. TIA's for Master Plans will be held to the VDOT Chapter 527 standard for Subdivision
Plat, Site Plan, or Plan of Development.
3. Any other proposed action (other than site plan) that has not been previously approved
by the County and is expected to generate 100 or more residential vehicle trip ends in the
peak hours or 250 commercial vehicle trips in the peak hour, where a TIA has not been
completed for a similar or greater trip generation. Additionally, staff may require a TIA
on corridors experiencing significant congestion or safety concerns.
4. A change in use that has not been previously approved by the County and, while not
resulting in greater trip generation, results in a significant change in trip demographics or
peak travel times resulting in an unstudied impact on the transportation system as
determined by VDOT or the County.
Process and Report Requirements
1. Submit a determination form to Planning Staff which will be used to determine whether
the project requires a TIA or a VDOT Chapter 527 submittal.
2. Each TIA will be required to undergo a formal scoping meeting with VDOT and County
Staff. The applicant shall be responsible for scheduling the scoping meeting with the
above agencies. A re -scoping meeting will not be required in the event that one of the
agencies is absent.
3. Each submittal must include the following:
a. All required VDOT copies and payment to VDOT for Chapter 527 submittal.
b. All items on the checklist which can be found in the Traffic Impact Analysis
Regulations Administrative Guidelines published by VDOT in September 2007.
(Utilize the subdivision plat or site plan package checklist for master plans).
2
c. One paper copy (or PDF on CD) and one CD with modeling files. If submitting PDF
of the report, both report and modeling files may be on the same CD.
d. Planning Staff will distribute all copies to VDOT for review within ten business days
and will provide comments and or approval of the TIA within four weeks of
submittal.
4. Each TIA must include the following:
a. An executive summary which summarizes the development; significant findings of
the TIA; and results of proposed mitigation
b. Sections on existing traffic, existing traffic with design year background traffic,
existing traffic with design year background and development generated traffic. In
certain situations, it may be appropriate to eliminate some of the above scenarios or
to have other scenarios included; the Planning Staff in concert with VDOT are
entitled to make modifications at the scoping meeting.
c. The TIA must include all proposed access points, with details about access type.
d. Accident Data for the most recent three-year period to include accident type and
severity if readily available from the State Police.
e. Appendices that include output report sheets from the analysis software, grouped
according to location.
f. Planning Staff and/or VDOT may require additional analysis, required by the
uniqueness of each development.
Technical Details
1. Trip generation must be determined using the most recent addition of the ITE Trip
Generation Report unless a variance is granted by VDOT or the Planning Staff. Only
trip generation methodology approved by VDOT and Planning Staff may be used.
2. The TIA must depict the maximum traffic generated by the proposed zoning as
determined by the Planning Staff. If the proposed proffers limit the development
activities to uses that produce equal or less traffic, a less than maximum impact may be
used.
3. The applicant may include other applicable scenarios in their presentation to the Board
of Supervisors and/or Planning Commission.
4. Existing signal timings provided by VDOT must be used for existing conditions.
However, where existing signal timings are not operating optimally as demonstrated by
the applicant and agreed to by VDOT, an improved signal timing plan may be used if
that plan is provided by the applicant.
5. Level of Service (LOS) must be considered for all signalized movements and approaches
and shown graphically in the report.
6. When level of service does not meet the requirements of the Comprehensive Plan, the
report must include suggested improvements that would mitigate the impacts of the
development as required by the Comprehensive Plan.
7. When a new signal is proposed, arterial level of service must be analyzed, including a
signal progression analysis if warranted.
8. When conditions of existing or existing with background scenarios result in a level of
service F, additional analysis must be completed, including development traffic to
3
determine the impacts of the new development. Items to include in this comparison are
intersection capacity utilization, changes in delays, queue lengths, and vehicle to
capacity ratio.
El
***Items Not Requiring Action***
2. Tiger Grants Opportunity
Staff presented the following to the Committee.
Attached please find the federal register notice regarding the Department of Transportation
TIGER grants. The Tiger Grant is $1.5 Billion in additional stimulus funding for
transportation that will be awarded on a discretionary basis. The grant awards are to be
between $20 and $300 Million, though there is a waiver for smaller projects. Staff will be
coordinating with the County Administrator's office and any other pertinent agencies to
develop a number of applications in keeping with Frederick County transportation priorities
such as Route 37.
Applications for your review and recommendation to the Board of Supervisors will be
presented at the July meeting of the Transportation Committee. The application deadline is
September 15.
3. Update on Inland Port Traffic
Staff updated the Committee that they had recently conducted a site visit and inspection of
Double Church Road with VDOT staff to determine the appropriateness of a truck restriction.
A number of options were discussed, including putting a weight restriction on the roadway and
doing a truck restriction. VDOT staff present at that meeting felt that the truck restriction would
be appropriate.
The Committee discussed a number of issues surrounding the truck traffic on Double Church
Road, including trying to determine why trucks would be using that road instead of Route 277 to
Route 522. Staff noted that when VDOT was doing maintenance work on the road, the
construction zone flaggers were instructed to ask truck drivers that came through why they were
using this roadway. The majority answered that they were being routed that way by dispatchers.
The Committee has requested staff to solicit feedback from the local and state police as well as
Inland Port Authorities. The Committee has also requested traffic count and accident data.
4. Article Review
5. Other
Staff noted that a number of work items are upcoming, including the Revenue Sharing Program
Application and the Interstate, Primary, and Secondary Road plans.
JAB/bad
5
Federal Register/Vol. 74, No. 115/Wednesday, June 17, 2009/Notices 28755
Articles 1, 2.1, 2.4, 2.4.2, 9.1, 9.3, 11.2,
and 18.4 of the Agreement on
Implementation of Article V1 of the
General Agreement on Tariffs and Trade
1994 (the Anti -Dumping Agreement);
and Article XVIA of the WTO
Agreement.
Public Comment: Requirements for
Submissions
Interested persons are invited to
submit written comments concerning
the issues raised in this dispute. Persons
may submit their comments
electronically to www.regulations.gov
docket number USTR-2008-0044. If you
are unable to provide submissions by
www.regulations.gov, please contact
Sandy McKinzy at (202) 395-9483 to
arrange for an alternative method of
transmission.
To submit comments via
www.regulations.gov, enter docket
number USTR-2008-0044 on the home
page and click "go". The site will
provide a search -results page listing all
documents associated with this docket.
Find a reference to this notice by
selecting "Notice" under "Document
Type" on the left side of the search -
results page, and click on the link
entitled "Send a Comment or
Submission." (For further information
on using the wivw.regulations.gov Web
site, please consult the resources
provided on the website by clicking on
"How to Use This Site" on the left side
of the home page.)
The www.regulations.gov site
provides the option of providing
comments by filling in a "General
Comments" field, or by attaching a
document. It is expected that most
comments will be provided in an
attached document. If a document is
attached, it is sufficient to type "See
attached" in the "General Comments"
field.
A person requesting that information
contained in a comment submitted by
that person be treated as confidential
business information must certify that
such information is business
confidential and would not customarily
be released to the public by the
submitter. Confidential business
information must be clearly designated
as such and the submission must be
marked "BUSINESS CONFIDENTIAL"
at the top and bottom of the cover page
and each succeeding page. Any
comment containing business
confidential information must be
submitted by fax to Sandy McKinzy at
(202) 395-3640. A non -confidential
summary of the confidential
information must be submitted to
www.regulations.gov. The non -
confidential summary will be placed in
the docket and open to public
inspection.
Information or advice contained in a
comment submitted, other than business
confidential information, maybe
determined by USTR to be confidential
in accordance with section 135(g)(2) of
the Trade Act of 1974 (19 U.S.C.
2155(8)(2)). If the submitter believes that
information or advice may qualify as
such, the submitter—
(1) Must clearly so designate the
information or advice;
(2) Must clearly mark the material as
"SUBMITTED IN CONFIDENCE" at the
top and bottom of the cover page and
each succeeding page; and
(3) Must provide a non -confidential
summary of the information or advice.
Any comment containing confidential
information must be submitted by fax. A
non -confidential summary of the
confidential information must be
submitted to www.regulations.gov. The
non -confidential summary will be
placed in the docket and open to public
inspection. USTR will maintain a
docket on this dispute settlement
proceeding, accessible to the public.
The public file will include non -
confidential comments received by
USTR from the public with respect to
the dispute; if a dispute settlement
panel is convened or in the event of an
appeal from such a panel, the U.S.
submissions, any non -confidential
submissions, or non -confidential
summaries of submissions, received
from other participants in the dispute;
the report of the panel; and, if
applicable, the report of the Appellate
Body.
Comments will be placed in the
docket and open to public inspection
pursuant to 15 CFR 2006.13, except
confidential business information
exempt from public inspection in
accordance with 15 CFR 2006.15 or
information determined by USTR to be
confidential in accordance with 19
U.S.C. 2155(g)(2). Comments maybe
viewed on the www.regulations.gov Web
site by entering docket number USTR-
2008-0044 in the search field on the
home page.
Daniel Brinza,
Assistant United States Trade Representative
for Monitoring and Enforcement.
[FR Doc. E9-14256 Filed 6-16-09; 8:45 am]
BILLING CODE 3190 -M -P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary of
Transportation
[Docket No. OST -2609-01151
Notice of Funding Availability for
Supplemental Discretionary Grants for
Capital Investments in Surface
Transportation Infrastructure Under
the American Recovery and
Reinvestment Act
AGENCY: Office of the Secretary of
Transportation ("OST").
ACTION: Notice of Funding Availability.
SUMMARY: On May 18, 2009, the
Department of Transportation published
an interim notice announcing the
availability of funding for TIGER
Discretionary Grants (as defined below),
project selection criteria, application
requirements and the deadline for
submitting applications. Because this is
a new program, the interim notice also
requested comments on the proposed
selection criteria and guidance for
awarding TIGER Discretionary Grants.
The Department considered the
comments that were submitted in
accordance with the interim notice and
has decided to publish this notice
revising some elements of the interim
notice. Each of the substantive revisions
made in this notice are described below
in "Supplemental Information." In the
event that this solicitation does not
result in the award and obligation of all
available funds, the Department may
decide to publish an additional
solicitation.
DATES: Complete applications for TIGER
Discretionary Grants must be submitted
by September 15, 2009 (the
"Application Deadline"). While
applicants are encouraged to submit
applications in advance of the
Application Deadline, applications will
not be evaluated, and awards will not be
made, until after the Application
Deadline. Due to the need to expedite
the grant award process to meet the
requirements and purposes of the
Recovery Act (as defined below), the
Department will evaluate all
applications and announce the projects
that have been selected to receive Grant
Funds (as defined below) as soon as
possible after the Application Deadline,
but no later than February 17, 2010. In
addition, in the event that this
solicitation does not result in the award
and obligation of all available funds, the
Department may decide to publish an
additional solicitation.
ADDRESSES: Applications must be
submitted to the TIGER Discretionary
28756 Federal Register / Vol. 74, No. 115/Wednesday, June 17, 2009/Notices
Grants program manager electronically
excess of $100 million should present a
9. This notice revises Section VII
via e-mail at TIGERGrants@dot.gov.
robust assessment of a project's net
(Contents of Application) to (i) request
Applicants should receive a
benefits, in addition to the project's
that applicants include certain
confirmation e-mail, but are advised to
benefit -cost ratio.
information on the first page of their
request a return receipt to confirm
3. This notice revises the definition of
applications, and (ii) clarify that
transmission. Only applications
"Eligible Applicants" to clarify that
recipients of TIGER Discretionary
received via e-mail as provided above
Metropolitan Planning Organizations
Grants and their first-tier sub-awardees
shall be deemed properly filed.
(MPOs) are Eligible Applicants, and
are required to have a DUNS number
FOR FURTHER INFORMATION: For further
requests in Section II(13)(1)(b)(iv) (Job
(http://www.dnb.com) and a current
information concerning this notice
Creation &Economic Stimulus) that
registration in the Central Contractor
please contact the TIGER Discretionary
MPOs provide evidence that the owner
Registration (http://www.ccr.gov) prior
Grants program manager via e-mail at
of the project supports the application
to award of a TIGER Discretionary
TIGERGrants@dot.gov. A TDD is
and will cooperate in carrying out the
Grant.
available for individuals who are deaf or
activities to be supported by the TIGER
10. This notice revises Section III(A)
hard of hearing at 202-366-7687.
Discretionary Grant.
(Ensuring Responsible Spending of
SUPPLEMENTARY INFORMATION: On May
4. This notice includes a footnote in
Recovery Act Funds) to include
18, 2009, the Department published an
Section II(A)(1)(b) (Job Creation &
requirements guiding the Department's
interim notice announcing funding
Economic Stimulus) regarding the
communications with registered
availability, project selection criteria,
Department's application of the
lobbyists which were promulgated by
application requirements and the
definition of "Economically Distressed
the memorandum from the President of
deadline for submitting applications.
Areas" from section 301 of the Public
the United States dated March 20, 2009.
Because this is a new program, the
Works and Economic Development Act
11. This notice revises the Section
interim notice also requested comments
of 1965 (42 U.S.C. 3161) as a matter of
entitled "For Further Information" to
on the proposed selection criteria and
policy. While "Economically Distressed
clarify that the TDD number is provided
guidance for awarding TIGER
Areas" are typically identified under the
for individuals who are deaf or hard of
Discretionary Grants. The Department
Act at the county level, for the purposes
hearing.
considered the comments that were
of this program the Department will
12. In Section II(C)(1) (Program -
submitted in accordance with the
consider municipalities or other similar
Specific Criteria), this notice corrects
interim notice and has decided to
political subdivisions of a State to be
the citation to the Code of Federal
publish this notice revising some
Economical) Distressed Areas if an
Y
Regulations from "23 CFR 707" to "23
elements of the interim notice. Each of
the substantive revisions made in this
applicant can demonstrate that any such
area otherwise meets the requirements
CFR 650.707."
13. In the first cell of the last row of
notice are described in the following
for an "Economically Distressed Area"
the table in Section III(B) (Evaluation
paragraph. In the event that this
as defined in section 301 of the Public
processthis notice replaces the words
"project
solicitation does not result in the award
Works and Economic Development Act
-Specific Criteria" with the
words "Program -Specific Criteria."
and obligation of all available funds,. the
Department may decide to publish an
of 1965.
5. This notice includes a footnote in
14, Section X (Certifications) wa
a s
additional solicitation.
Section II(B)(1)(b)(iv) (Job Creation &
amended to delete Section 1201( and
Section 1607 Certification requirements
This notice revises the interim notice
published on May 18, 2009, as follows:
Economic Stimulus) providing
aguidance about the
g
because submissions of suchdditional
1. The notice is no longer an interim
requirements for a project's inclusion in
Certifications are not direct
requirements for potential grantees
notice, and the Department is no longer
State and local planning documents.
under the TIGER Discretionary Grants
considering comments on the proposed
6. This notice revises Section III(B)
selection criteria and guidance for
(Evaluation Process) to clarify that the
Pro ram.
T ese substantive changes to the
awarding TIGER Discretionary Grants.
Department will consider whether a
interim notice published on May 18,
This notice is the operative notice of
project has a negative effect on any of
2009, have been included in this notice.
funding availability for the TIGER
the selection criteria, and that any such
All comments received prior the June
Discretionary Grants program.
2. This notice provides additional
effect may negatively impact the
project's likelihood of being selected for
1, deadline were received and
e
guidance at the end of Section IIB 1 a
g O( )O
a TIGER Discretion
Discretionary Grant.
side
considered by the Department.
(Long -Term Outcomes) regarding the
7. This notice revises Section
Table of Contents
required evaluation of expected project
II(13(1)(a)(ii) (Economic
I. Background
costs and benefits. This notice (i)
Competitiveness) to clarify that the
II. Selection Criteria and Guidance on
provides a discount rate for discounting
Economic Competitiveness criterion is
Application of Selection Criteria
future benefits and costs to present
targeting investments that facilitate net
III. Evaluation and Selection Process
values, (ii) identifies guidance on the
new private sector expansion, hiring, or
IV. Grant Administration
value of time and statistical lives, (iii)
growth, rather than those that result
V. waiver of Minimum Grant Size
provides sources of information on the
only in moving existing jobs or
Requirement
social benefits of reducing crash costs,
economic activity to different locations.
VI. TIGER TI f Payments
o
VII. Contents of Application
pollutant emissions and other
8. This notice revises the Section
VIII. Project Benefits
externalities, and (iv) provides
entitled "Dates" to clarify that while
IX. Reporting Requirements
economic values for various benefits,
applications may be submitted prior to
X. Certification Requirements
including the cost of a metric ton of
the Application Deadline, the
XI. Questions and Clarifications
carbon emissions. This notice also
Department will not evaluate
revises this section to clarify that the
applications or announce projects
I. Background
required evaluation of expected project
selected to receive TIGER Discretionary
On February 17, 2009, the President
costs and benefits for any applicant
Grants until after the Application
of the United States signed the
seeking a TIGER Discretionary Grant in
Deadline.
American Recovery and Reinvestment
Federal Register / Vol. 74, No. 115/Wednesday, June 17, 2009/Notices 28757
Act of 2009 (the "Recovery Act") to,
Recovery Act gives the Department
Grants, to projects with a demonstrated
among other purposes, (1) preserve and
discretion to waive the $20 million
or potential ability to: "(i) deliver
create jobs and promote economic
minimum grant size for the purpose of
programmatic results; (ii) achieve
recovery, (2) invest in transportation
funding significant projects in smaller
economic stimulus by optimizing
infrastructure that will provide long-
cities, regions, or States ("Smaller
economic activity and the number of
term economic benefits, and (3) assist
Projects"). The term "grant" in this
jobs created or saved in relation to the
those most affected by the current
provision of the Recovery Act does not
Federal dollars obligated; (iii) achieve
economic downturn. The Recovery Act
include TIGER TIFIA Payments.
long-term public benefits by, for
appropriated $1.5 billion of
Pursuant to the Recovery Act, no
example, investing in technological
discretionary grant funds to be awarded
more than 20 percent of the funds made
advances in science and health to
by the Department of Transportation for
available under this program may be
increase economic efficiency and
capital investments in surface
awarded to projects in a single State,
improve quality of life; investing in
transportation infrastructure. The
The Department must take measures to
transportation, environmental
Department is referring to these grants
ensure an equitable geographic
protection, and other infrastructure that
as "Grants for Transportation
distribution of funds and an appropriate
will provide long-term economic
Investment Generating Economic
balance in addressing the needs of
benefits; fostering energy independence;
Recovery" or "TIGER Discretionary
urban and rural communities. TIGER
or improving educational quality; and
Grants." This notice requests that
Discretionary Grants may be used for up
(iv) satisfy the Recovery Act's
applications for TIGER Discretionary
to 100 percent of project costs, but
transparency and accountability
Grants be submitted by September 15,
priority must be given to projects for
objectives."
2009, from State and local governments,
which Federal funding is required to
The memorandum also directs
including U.S. territories, tribal
complete an overall financing package
Department officials not to consider the
governments, transit agencies, port
that includes non -Federal sources of
views of a registered lobbyist
authorities, metropolitan planning
funds. Priority must also be given to
concerning particular projects,
organizations (MPOs), other political
projects that can be completed by
applications, or applicants for funding
subdivisions of State or local
February 17, 2012.
under the Recovery Act unless such
governments, and multi -State or multi-
The Recovery Act allows for up to
views are in writing and made publicly
jurisdictional applicants ("Eligible
$200 million of the $1.5 billion to be
available. For additional guidance on
Applicants"). The funds provided by
used to pay the subsidy and
the lobbying disclosure requirements of
TIGER Discretionary Grants ("Grant
administrative costs of the
the memorandum, please see the Office
Funds") are available for obligation
Transportation Infrastructure Finance
of Management and Budget's Interim
until September 30, 2011, and will be
and Innovation Act of 1998 ("TIFIA")
Guidance Regarding Communications
awarded on a competitive basis to
program, a Federal credit assistance
with Registered Lobbyists about
projects that have a significant impact
program, if it would further the
Recovery Act Funds (available at http://
on the Nation, a metropolitan area, or a
purposes of the TIGER Discretionary
www.whitehouse.gov/omb/assets/
region.
Grants program. The Department is
me1norandajy2009/m-09-16.pdf) and
Projects that are eligible for TIGER
referring to these payments as "TIGER
any subsequent guidance issued by
Discretionary Grants under the Recovery
TIFIA Payments." The Department
OMB.
Act ("Eligible Projects") include, but are
estimates that $200 million of TIGER
The purpose of this notice is to solicit
not limited to; (1) Highway or bridge
TIFIA Payments could support
applications from Eligible Applicants
projects eligible under title 23, United
approximately $2 billion in TIFIA credit
interested in receiving funds under this
States Code, including interstate
assistance. Applicants for TIGER TIFIA
program.
rehabilitation, improvements to the
rural collector road system, the
Payments will be required to submit an
application pursuant to this notice and
II. Selection Criteria and Guidance on
reconstruction of overpasses and
a separate TIFIA loan application.
Application of Selection Criteria
interchanges, bridge replacements,
Additional details are included below in
This section specifies the criteria that
seismic retrofit projects for bridges, and
Section VI (TIGER TIFIA Payments).
the Department will use to evaluate
road realignments; (2) public
Unless otherwise noted, or the context
applications. The criteria incorporate
transportation projects eligible under
requires otherwise, references in this
the limited statutory eligibility
chapter 53 of title 49, United States
notice to TIGER Discretionary Grants
requirements for this program, which
Code, including investments in projects
includes TIGER TIFIA Payments.
are specified in this notice as relevant.
participating in the New Starts or Small
On March 20, 2009, the President of
This section is split into three parts.
Starts programs that will expedite the
the United States signed a memorandum
Section A (Selection Criteria) specifies
completion of those projects and their
for the heads of executive departments
the criteria that the Department will use
entry into revenue service; (3) passenger
and agencies on ensuring responsible
to rate projects. Additional guidance
and freight rail transportation projects;
spending of Recovery Act funds. The
about how the Department will apply
and (4) port infrastructure investments,
memorandum directs all Federal
these criteria, including illustrative
including projects that connect ports to
agencies responsible for administering
metrics and examples, is provided in
other modes of transportation and
Recovery Act funds, including the
Section B (Additional Guidance on
improve the efficiency of freight
Department, to develop transparent,
Selection Criteria). Section C (Program -
movement. Federal wage rate
merit -based selection criteria to guide
Specific Criteria) explains how the
requirements included in subchapter IV
the commitment, obligation and
Department is going to use certain
of chapter 31 of title 40, United States
expenditure of the Recovery Act funds
program -specific criteria to help
Code, apply to all projects receiving
for which they are responsible,
differentiate between similar projects
funds.
including TIGER Discretionary Grant
(for example, multiple bridge
The Recovery Act specifies that grants
funds.
replacement projects, or multiple New
funded under the program may be no
The memorandum directs the
Starts projects). The program -specific
less than $20 million and no greater
Department to award all Recovery Act
criteria will not be rated as the selection
than $300 million. However, the
funds, including TIGER Discretionary
criteria are rated, but rather will be used
28758 Federal Register/Vol. 74, No. 115/Wednesday, June 17, 2009/Notices
to assign priority among similar projects
during the evaluation and selection
process. As stated below in Section
VII(F) (Contents of Application,
Selection Criteria), applicants should
address both the selection criteria and
the program -specific criteria in their
applications.
A. Selection Criteria
TIGER Discretionary Grants will be
awarded based on the selection criteria
as outlined below. There are two
categories of selection criteria, "Primary
Selection Criteria" and "Secondary
Selection Criteria."
The Primary Selection Criteria
include (1) Long -Term Outcomes and
(2) Jobs Creation & Economic Stimulus.
The Secondary Selection Criteria
include (1) Innovation and (2)
Partnership. The Primary Selection
Criteria are intended to capture the
primary objectives of the TIGER
Discretionary Grants provision of the
Recovery Act, which include near-term
economic recovery and job creation,
maximization of long-term economic
benefits and impacts on the Nation, a
region, or a metropolitan area, and
assistance for those most affected by the
current economic downturn. The
Secondary Selection Criteria are
intended to capture the benefits of new
and/or innovative approaches to
achieving programmatic objectives.
1. Primary Selection Criteria
(a) Long -Term Outcomes.
The Department will give priority to
projects that have a significant impact
on desirable long-term outcomes for the
Nation, a metropolitan area, or a region.
Applications that do not demonstrate a
likelihood of significant long-term
benefits in this criterion will not
proceed in the evaluation process. The
following types of long-term outcomes
will be given priority:
(i) State of Good Repair: Improving
the condition of existing transportation
facilities and systems, with particular
emphasis on projects that minimize life-
cycle costs.
(ii) Economic Competitiveness:
Contributing to the economic
competitiveness of the United States
over the medium- to long-term.
(iii) Livability. Improving the quality
of living and working environments and
the experience for people in
communities across the United States.
(iv) Sustainability: Improving energy
efficiency, reducing dependence on oil,
reducing greenhouse gas emissions and
benefitting the environment.
(v) Safety: Improving the safety of
U.S. transportation facilities and
systems.
(b) Job Creation &Economic Stimulus.
Consistent with the purposes of the
Recovery Act, the Department will give
priority to projects that are expected to
quickly create and preserve jobs and
stimulate rapid increases in economic
activity, particularly jobs and activity
that benefit economically distressed
areas as defined by section 301 of the
Public Works and Economic
Development Act of 1965, as amended
(42 U.S.C. 3161) ("Economically
Distressed Areas").1
2. Secondary Selection Criteria
(a) Innovation.
The Department will give priority to
projects that use innovative strategies to
pursue the long-term outcomes outlined
above.
(b) Partnership.
The Department will give priority to
projects that demonstrate strong
collaboration among a broad range of
participants and/or integration of
transportation with other public service
efforts.
B. Additional Guidance on Selection
Criteria
The following additional guidance
explains how the Department will
evaluate each of the selection criteria
identified above in Section II(A)
(Selection Criteria). Applicants are
encouraged to demonstrate the
responsiveness of a project to any and
all of the selection criteria with the most
relevant information that applicants can
provide, regardless of whether such
information has been specifically
requested, or identified, in this notice.
Any such information shall be
considered part of the application, not
supplemental, for purposes of the
application size limits specified below
in Section VII(A) (Length of
Application).
1. Primary Selection Criteria
(a) Long -Term Outcomes.
In order to measure a project's
alignment with this criterion, the
Department will assess the public
benefits generated by the project, as
measured by the extent to which a
project produces one or more of the
following outcomes.
(i) State of Good Repair: In order to
determine whether the project will
' While. Economically Distressed Areas are
typically identified under the Act at the county
level, for the purposes of this program the
Department will consider municipalities or other
similar political subdivisions of a State to be
Economically Distressed Areas if an applicant can
demonstrate that any such area otherwise meets the
requirements of an Economically Distressed Area as
defined in section 301 of the Public Works and
Economic Development Act of 1965.
improve the condition of existing
transportation facilities or systems,
including whether life -cycle costs will
be minimized, the Department will
assess (i) whether the project is part of,
or consistent with, relevant State, local
or regional efforts to maintain
transportation facilities or systems in a
state of good repair, (ii) whether an
important aim of the project is to
rehabilitate, reconstruct or upgrade
surface transportation projects that
threaten future economic growth and
stability due to their poor condition, (iii)
whether the project is appropriately
capitalized up front and uses asset
management approaches that optimize
its long-term cost structure, and (iv) the
extent to which a sustainable source of
revenue is available for long-term
operations and maintenance of the
project. The application should include
any quantifiable metrics of the facility
or system's current condition and
performance and, to the extent possible,
projected condition and performance,
with an explanation of how the project
will improve the facility or system's
condition, performance and/or long-
term cost structure.
(ii) Economic Competitiveness: In
order to determine whether a project
promotes the economic competitiveness
of the United States, the Department
will assess whether the project will
measurably contribute over the long-
term to growth in employment,
production or other high value
economic activity. For purposes of
aligning a project with this outcome,
applicants should provide evidence of
the long-term economic benefits that are
provided by the completed project, not
the near-term economic benefits of
construction that are captured in the
Jobs Creation & Economic Stimulus
criterion. In weighing long-term
employment benefits, the quality of jobs
supported will be considered as well as
number of jobs and whether these jobs
are expected to provide employment in
Economically Distressed Areas. Priority
consideration will be given to projects
that: (i) Improve long-term efficiency,
reliability or cost -competitiveness in the
movement of workers or goods, or (ii)
make improvements that allow for net
new investments in expansion, hiring,
or other growth of private sector
production at specific locations,
particularly Economically Distressed
Areas. Applicants may propose other
methods of demonstrating a project's
contribution to the economic
competitiveness of the country and such
methods will be reviewed on a case by
case basis.
Economic competitiveness may be
demonstrated by the project's ability to
Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Notices 28759
increase the efficiency and effectiveness
of the transportation system through
integration or better use of all existing
transportation infrastructure (which
may be evidenced by the project's
involvement with or benefits to more
than one mode and/or its compatibility
with and preferably augmentation of the
capacities of connecting modes and
facilities), but only to the extent that
these enhancements lead to the
economic benefits that are identified in
the preceding paragraph.
(iii) Livability: Livability investments
are projects that not only deliver
transportation benefits, but are also
designed and planned in such a way
that they have a positive impact on
qualitative measures of community life.
This element of long-term outcomes
delivers benefits that are inherently
difficult to measure. However, it is
implicit to livability that its benefits are
shared and therefore magnified by the
number of potential users in the affected
community. Therefore, descriptions of
how projects enhance livability should
include a description of the affected
community and the scale of the project's
impact. In order to determine whether a
project improves the quality of the
living and working environment of a
community, the Department will
qualitatively assess whether the project:
(1) Will significantly enhance user
mobility through the creation of more
convenient transportation options for
travelers;
(2) will improve existing
transportation choices by enhancing
points of modal connectivity or by
reducing congestion on existing modal
assets;
(3) will improve accessibility and
transport services for economically
disadvantaged populations, non -drivers,
senior citizens, and persons with
disabilities, or to make goods,
commodities, and services more readily
available to these groups; and/or
(4) is the result of a planning process
which coordinated transportation and
land -use planning decisions and
encouraged community participation in
the process.
Livability improvements may include
projects for new or improved biking and
walking infrastructure. Particular
attention will be paid to the degree to
which such projects contribute
significantly to broader traveler mobility
through intermodal connections, or
improved connections between
residential and commercial areas.
(iv) Sustainability: In order to
determine whether a project promotes a
more environmentally sustainable
transportation system, the Department
will assess its ability to:
(1) Improve energy efficiency, reduce
dependence on oil and/or reduce
greenhouse gas emissions; applicants
are encouraged to provide quantitative
information regarding expected
reductions in emissions of CO2 or fuel
consumption as a result of the project,
or expected use of clean or alternative
sources of energy; projects that
demonstrate a projected decrease in the
movement of people or goods by less
energy-efficient vehicles or systems will
be given priority under this factor; and
(2) Maintain, protect or enhance the
environment, as evidenced by its
avoidance of adverse environmental
impacts (for example, adverse impacts
related to air quality, wetlands, and
endangered species) and/or by its
environmental benefits (for example,
improved air quality, wetlands creation
or improved habitat connectivity).
Applicants are encouraged to provide
quantitative information that validates
the existence of substantial
transportation -related costs related to
energy consumption and adverse
environmental effects and evidence of
the extent to which the project will
reduce or mitigate those costs.
(v) Safety.
In order to determine whether the
project improves safety, the Department
will assess the project's ability to reduce
the number, rate and consequences of
surface transportation -related crashes,
and injuries and fatalities among drivers
and/or non -drivers in the United States
or in the affected metropolitan area or
region, and/or its contribution to the
elimination of highway/rail grade
crossings, the protection of pipelines, or
the prevention of unintended release of
hazardous materials.
Evaluation of Expected Project Costs
and Benefits: The Department believes
that benefit -cost analysis ("BCA"),
including the monetization and
discounting of costs and benefits to a
common unit of measurement in
present-day dollars, is an important
discipline. For BCA to yield useful
results, full consideration of costs and
benefits is necessary. These include
traditionally quantified fuel and travel
time savings as well as greenhouse gas
emissions, water quality impacts, public
health effects, and other costs and
benefits that are more remotely
connected to vehicle -miles or are harder
to measure. In addition, BCA should
attempt to capture the dynamic effects
of transportation investments on land
use and household budgets. The
systematic process of comparing
expected benefits and costs helps
decision -makers organize information
about, and evaluate trade-offs between,
alternative transportation investments.
The Department has a responsibility
under Executive Order 12893,
Principles for Federal Infrastructure
Investments, 59 FR 4233, to base
infrastructure investments on systematic
analysis of expected benefits and costs,
including both quantitative and
qualitative measures.
Therefore, applicants for TIGER
Discretionary Grants are generally
required to identify, quantify, and
compare expected benefits and costs,
subject to the following qualifications:
This requirement will be waived for
applicants seeking waivers of the $20
million minimum grant size
requirement for Smaller Projects.
Any applicant seeking a TIGER
Discretionary Grant of more than $20
million but less than $100 million must
include in its application estimates of
the project's expected benefits in the
five long-term outcomes identified in
this Section H(A)(1)(a). The lack of a
useful analysis of expected project
benefits may be ground for denying
award of a TIGER Discretionary Grant to
any such applicant.
Any applicant seeking a TIGER
Discretionary Grant in excess of $100
million must provide a well-developed
analysis of expected benefits and costs,
including a calculation of net benefits
and a description of input data and
methodological standards used for the
analysis. The analysis should indicate
the values that were assigned for
qualitative measures, in addition to
quantitative measures. Where
information on costs and benefits,
including consideration of externalities,
is of sufficient quality and completeness
to allow for a robust assessment of a
project's net benefits and benefit -cost
ratio, these analyses should be
presented. Applicants should discount
future benefits and costs to present
values using a discount rate of 7
percent, following guidance provided by
OMB in Circulars A-4 and A-94
(n ttp://www. wnitenouse.gov/omb/
circulars/). Applicants may also provide
an alternative analysis using a discount
rate of 3 percent. Applicants should
follow the Department's guidance on the
values of time and statistical lives
(http://0stpxweb. dot.gov/policy/
reports.htm). Sources of information on
the social benefits of reducing crash
costs, pollutant emissions, and other
externalities are discussed in Chapter
VIII of the Final Regulatory Impact
Analysis of the National Highway
Traffic Safety Administration's
rulemaking on Corporate Average Fuel
Economy for MY 2011 Passenger Cars
and Light Trucks (http://
www. nh tsa. d o t.go v/portal /site/nh tsa/
menuitem.dob5a45b55
28760 Federal Register / Vol. 74, No. 115/Wednesday, June 17, 2009/Notices
bfbe582f57529cdba046a01). The
economic values of various benefits are
summarized in Table VIII -5 on page
VIII -60.
The estimate of $33 per metric ton of
carbon cited on page VIII -45 of
NHTSA's analysis may be used as a
placeholder to measure the global
benefits of reducing U.S. CO2 emissions.
The Administration is currently
developing interim guidance on the
social cost of carbon that may result in
a different determination of the
appropriate assumption for per metric
ton global benefits achieved by
emissions reductions. Following this
determination, the Department may
adjust the level of economic benefits of
anticipated emissions reductions for
applications that cite such benefits. As
such, applicants should clearly indicate
how and to what degree calculations of
benefits in their analyses are based on
this assumed value of CO2 emissions
reduction.
The Department recognizes that some
costs and benefits are more difficult to
quantify or monetize than others. In
presenting benefit -cost analyses,
applicants may include qualitative
discussion of the likely effects of better
or more complete information on the net
benefits presented and the reasons such
information was not available for
analysis. Where quality or completeness
of data are not sufficient to allow a
meaningful assessment of whether a
project's net benefits are positive or
negative, applicants should discuss the
data limitations that lead to this
conclusion and present a qualitative
comparison of costs and benefits.
Should the Department agree that
quantitative measures of the values of
significant costs and benefits are not
available or not reliable, the Department
will do its best to weight qualitative
assessments of the costs and benefits
provided by the applicant. However, in
the event of an unreasonable absence of
data and analysis or poor applicant
effort to put forth a robust quantification
of net benefits, the application is
unlikely to receive further
consideration. In general, the lack of a
useful analysis comparing expected
benefits and costs for any such project
is ground for denying award of a TIGER
Discretionary Grant.
In all cases, if it is clear to the
Department that the total benefits of a
project are not reasonably likely to
outweigh the project's costs, the
Department will not award a TIGER
Discretionary Grant to the project.
Consistent with the broader goals of the
Recovery Act and the specific
appropriation for the TIGER
Discretionary Grants program, the
Department can consider some factors
that do not readily lend themselves to
quantification or monetization,
including distributional and geographic
equity.
Evaluation of Project Performance:
The Department also encourages
applicants with the requisite
wherewithal to provide a plan for
evaluating the success of the project (or
a program of projects) and measuring
short- and long-term performance,
specifically with respect to the
economic recovery measures and long-
term outcomes specified in this notice.
(b) Job Creation & Economic Stimulus.
In order to measure a project's
alignment with this criterion, the
Department will assess whether the
project promotes the short- or long-term
creation or preservation of jobs and
whether the project rapidly promotes
new or expanded business opportunities
during construction of the project or
thereafter. Demonstration of a project's
rapid economic impact is critical to a
project's alignment with this criterion.
Applicants are encouraged to provide
information to assist the Department in
making these assessments, including the
total amount of funds that will be
expended on construction and
construction -related activities by all of
the entities participating in the project
and, to the extent measurable, the
number and type of jobs to be created
and/or preserved by the project during
construction and thereafter. Applicants
should also identify any business
enterprises to be created or benefited by
the project during its construction and
once it becomes operational.
Consistent with the Recovery Act, the
Updated Implementing Guidance for the
American Recovery and Reinvestment
Act of 2009 issued by the Office of
Management and Budget ("OMB") on
April 3, 2009 (the "OMB Guidance"),
and Federal laws guaranteeing equal
opportunity, applicants are encouraged
to provide information to assist the
Department in assessing (1) whether the
project will promote the creation of job
opportunities for low-income workers
through the use of best practice hiring
programs and utilization of
apprenticeship (including pre -
apprenticeship) programs; (2) whether
the project will provide maximum
practicable opportunities for small
businesses and disadvantaged business
enterprises, including veteran -owned
small businesses and service disabled
veteran -owned small businesses; (3)
whether the project will make effective
use of community-based organizations
in connecting disadvantaged workers
with economic opportunities; (4)
whether the project will support entities
that have a sound track record on labor
practices and compliance with Federal
laws ensuring that American workers
are safe and treated fairly; and (5)
whether the project implements best
practices, consistent with our nation's
civil rights and equal opportunity laws,
for ensuring that all individuals—
regardless of race, gender, age,
disability, and national origin—benefit
from the Recovery Act.
To the extent possible, applicants
should indicate whether the
populations most likely to benefit from
the creation or preservation of jobs or
new or expanded business opportunities
are from Economically Distressed Areas.
In addition, to the extent possible,
applicants should indicate whether the
project's procurement plan is likely to
create follow-on jobs and economic
stimulus for manufacturers and
suppliers that support the construction
industry. A key consideration in
assessing projects under this criterion
will be how quickly jobs are created.
Consistent with Section 1602 of the
Recovery Act (Preference for Quick -
Start Activities), the Department will
assess whether a project is ready to
proceed rapidly upon receipt of a TIGER
Discretionary Grant, as evidenced by:
(i) Project Schedule: A feasible and
sufficiently detailed project schedule
demonstrating that the project can begin
construction quickly upon receipt of a
TIGER Discretionary Grant and that the
Grant Funds will be spent steadily and
expeditiously once construction starts;
the schedule should show how many
direct, on -project jobs are expected to be
created or sustained during each
calendar quarter after the project is
underway;
(ii) Environmental Approvals: Receipt
(or reasonably anticipated receipt) of all
environmental approvals necessary for
the project to proceed to construction on
the timeline specified in the project
schedule, including satisfaction of all
Federal, State and local requirements
and completion of the National
Environmental Policy Act process;
(iii) Legislative Approvals: Receipt of
all necessary legislative approvals (for
example, legislative authority to charge
user fees or set toll rates), and evidence
of support from State and local officials,
including relevant governor(s) and/or
mayors. Evidence of support from all
relevant State and local officials is not
required, however, the evidence should
demonstrate that the project is broadly
supported;
(iv) State and Local Planning: The
inclusion of the project in the relevant
State, metropolitan, and local planning
documents, or a certification from the
appropriate agency that the project will
Federal Register/Vol. 74, No. 115/Wednesday, June 17, 2009/Notices 28761
be included in the relevant planning
document prior to award of a TIGER
Discretionary Grant; 2 any MPO that is
applying for a TIGER Discretionary
Grant should provide evidence that the
owner of the project supports the
application and will cooperate in
carrying out the activities to be
supported by the TIGER Discretionary
Grant;
(v) Technical Feasibility: The
technical feasibility of the project,
including completion of substantial
preliminary engineering work; and
(vi) Financial Feasibility: The viability
and completeness of the project's
financing package (assuming the
availability of the requested TIGER
Discretionary Grant funds), including
evidence of stable and reliable financial
commitments and contingency reserves,
as appropriate, and evidence of the
grant recipient's ability to manage
grants.
The Department reserves the right to
revoke any award of TIGER
Discretionary Grant funds and to award
such funds to another project to the
extent that such funds are not timely
expended and/or construction does not
begin in accordance with the project
schedule. Because projects have
different schedules the Department will
consider on a case-by-case basis how
much time after award of a TIGER
Discretionary Grant each project has
before funds must be expended and
construction started. This deadline will
be specified for each TIGER
Discretionary Grant in the project -
specific grant agreements signed by the
grant recipients and will be based on
critical path items identified by
applicants in response to items (i)
through (vi) above. For example, if an
applicant reasonably anticipates that
National Environmental Policy Act
Z All regionally significant projects requiring an
action by the FHWA or the FTA must be in the
metropolitan transportation plan., TTP and STIP.
Further, in air quality non -attainment and
maintenance areas, all regionally significant
projects, regardless of the funding source, must be
included in the conforming metropolitan
transportation plan and TIP. To the extent a project
is required to be on a metropolitan transportation
plan, TIP and/or STIP it will not receive a TIGER
Discretionary Grant until it is included in such
plans. Projects that are not required to be in long
range transportation plans, STIPs and TIPS will not
need to be included in such plans in order to
receive a TIGER Discretionary Grant. Freight and
passenger rail projects are not required to be on the
State Rail Plans called for in the Passenger Rail
Investment and Improvement Act of 2008. This is
consistent with the exemption for high speed and
intercity passenger rail projects under the Recovery
Act. However, applicants seeking funding for
freight and passenger rail projects are encouraged
to demonstrate that they have done sufficient
planning to ensure that projects fit into a prioritized
list of capital needs and are consistent with long-
range goals.
requirements will be completed and
final documentation received within 30
to 60 days of award of a TIGER
Discretionary Grant, this timeframe will
be taken into account in evaluating the
application, but also in establishing a
deadline for expenditure of funds and
commencement of construction. The
Department's ability to obligate funds
for TIGER Discretionary Grants expires
on September 30, 2011.
In compliance with the Recovery Act,
the Department will give priority to
projects that are expected to be
completed on or before February 17,
2012. For purposes of this solicitation,
"completed" means that all of the
TIGER Discretionary Grant funds
awarded to the project have been
obligated and expended and
construction of the project is
substantially complete.
The ability of the grant recipient to
complete the project by this date must
be clearly demonstrated in the project
schedule. The Department will give
priority to projects that utilize
innovative contracting approaches that
encourage accelerated project delivery.
The Department will consider projects
that are not expected to be completed by
February 17, 2012, but these projects
will not be rated as highly under this
criterion.
2. Secondary Selection Criteria
(a) Innovation.
In order to measure a project's
alignment with this criterion, the
Department will assess the extent to
which the project uses innovative
technology (including, for example,
intelligent transportation systems,
dynamic pricing, rail wayside or on-
board energy recovery, smart cards, real-
time dispatching, active traffic
management, radio frequency
identification (RFID), or others) to
pursue one or more of the long-term
outcomes outlined above and/or to
significantly enhance the operational
performance of the transportation
system. The Department will also assess
the extent to which the project
incorporates innovations that
demonstrate the value of new
approaches to, among other things,
transportation funding and finance,
contracting, project delivery, congestion
management, safety management, asset
management, or long-term operations
and maintenance. The applicant should
clearly demonstrate that the innovation
is designed to pursue one or more of the
long-term outcomes outlined above and/
or significantly enhance the
transportation system.
(b) Partnership.
(i) jurisdictional & Stakeholder
Collaboration: In order to measure a
project's alignment with this criterion,
the Department will assess the project's
involvement of non -Federal entities and
the use of non -Federal funds, including
the scope of involvement and share of
total funding. The Department will give
priority to projects that receive financial
commitments from, or otherwise
involve, State and local governments,
other public entities, or private or
nonprofit entities, including projects
that engage parties that are not
traditionally involved in transportation
projects, such as nonprofit community
groups. Pursuant to the OMB Guidance,
the Department will give priority to
projects that make effective use of
community-based organizations in
connecting disadvantaged people with
economic opportunities.
In compliance with the Recovery Act,
the Department will give priority to
projects for which a TIGER
Discretionary Grant will help to
complete an overall financing package.
An applicant should clearly
demonstrate the extent to which the
project cannot be readily and efficiently
completed without Federal assistance,
and the extent to which other sources of
Federal assistance are or are not readily
available for the project, including other
funds made available pursuant to the
Recovery Act. The Department will
assess the amount of private debt and
equity to be invested in the project or
the amount of co -investment from State,
local or other non-profit sources.
The Department will also assess the
extent to which the project
demonstrates collaboration among
neighboring or regional jurisdictions to
achieve National, regional or
metropolitan benefits. Multiple States or
jurisdictions may submit a joint
application and should identify a lead
State or jurisdiction as the primary
point of contact. Where multiple States
are submitting a joint application, the
application should demonstrate how the
project costs are apportioned between
the States to assist the Department in
making the distributional
determinations described below in
Section III(C) (Distribution of Funds).
(ii) Disciplinary Integration: In order
to demonstrate the value of partnerships
across government agencies that serve
the various public service missions
forwarded by the Recovery Act and to
promote collaboration on the objectives
outlined in this notice, the Department
will give priority to projects that are
supported, financially or otherwise, by
non -transportation public agencies that
are pursuing similar objectives. For
example, the Department will give
28762 Federal Register / Vol. 74, No. 115/Wednesday, June 17, 2009/Notices
priority to transportation projects that
create more livable communities and are
supported by relevant public housing
agencies, or transportation projects that
encourage energy efficiency or improve
the environment and are supported by
relevant public agencies with energy or
environmental missions.
C. Program -Specific Criteria
The Department will use certain
program -specific criteria in the
evaluation and selection process to help
differentiate between similar projects.
Similar projects are those that have
similar characteristics and satisfy the
eligibility requirements of existing
programmatic structures (for example,
two urban light rail projects eligible to
participate in the New Starts program).
To the extent two or more similar
projects have similar ratings based on
the selection criteria outlined in Section
II(A) (Selection Criteria) the program -
specific criteria will be used to assign
priority among these projects.
Projects will not be given specific
ratings of "highly recommended,"
"recommended" or "not recommended"
for applicable program -specific criteria;
rather, the Department will use the
program -specific criteria to rank similar
projects. To the extent otherwise similar
projects can be differentiated based on
the selection criteria, program -specific
criteria will not be given any weight.
The program -specific criteria are not
intended to limit the number of similar
projects that can receive TIGER
Discretionary Grants.
Program -specific criteria will only be
applied to the types of projects
identified below. Any other type of
project will be differentiated from other
similar projects solely based on the
selection criteria outlined in Section
II(A) (Selection Criteria). The
Department will use the following
program -specific criteria, where
applicable, to assign priority among
similar projects:
1. For bridge replacement projects,
program -specific criteria are the
following criteria found in 23 CFR
650.707: total daily truck and non -truck
traffic, bridge sufficiency ratings, and
bridges with load or geometric
restrictions.
2. For transit projects, program -
specific criteria are as follows: bus and
rail fleet purchases that are within
established FTA spare ratio policies,
rehabilitation and replacement of assets
that have exceeded the useful life span
as identified in FTA policy, and/or the
proposed project's rating under the New
Starts and Small Starts program criteria,
as applicable (a copy of the criteria used
for this program is available at http://
www. fta. dot.gov/planning/newstarts/
planning environment 5615.html).
3. For projects involving port
infrastructure investments, program -
specific criteria are, for both current
state and post -project completion, the
port or system's:
(a) Passenger and/or freight
throughput, storage or processing
capacity, including but not limited to,
capacity movement (in tonnage, TEU
(twenty -foot equivalent unit), barrels,
etc.) across the dock, storage capacity on
the terminal, and gate throughput;
(b) Demand for services or demand for
capacity (in the case of post -project
completion, projections or estimates);
(c) Efficiency (e.g. time savings,
including vessel turnaround, gate and
dwell times, and/or cost savings);
(d) Reliability and/or resiliency,
including but not limited to, ability of
the facility or system to recover from
natural or man-made disasters and
provide necessary services;
(e) National security or National
interest aspects of items (a) through (d)
above including but not limited to
movement of Department of Defense
assets and strategic location; and
(f) External factors that may influence
or limit items (a) through (e) above
(channel or berth maintenance or
deepening and other navigation issues,
road, rail or waterway factors that could
represent bottlenecks and backups, etc.).
4. For TIGER TIFIA Payments,
program -specific criteria are the eight
statutory selection criteria used by the
Department's TIFIA Joint Program
Office to evaluate and select projects
(these criteria have been assigned
weights through regulation, as indicated
below):
(a) The extent to which the project is
nationally or regionally significant, in
terms of generating economic benefits,
supporting international commerce, or
otherwise enhancing the national
transportation system (20 percent);
(b) The extent to which the project
helps maintain or protect the
environment (20 percent);
(c) The extent to which TIFIA
assistance would foster innovative
public-private partnerships and attract
private debt or equity investment (20
percent);
(d) The creditworthiness of the
project, including a determination by
the Secretary that any financing for the
project has appropriate security
features, such as a rate covenant, to
ensure repayment (12.5 percent);
(e) The likelihood that TIFIA
assistance would enable the project to
proceed at an earlier date than the
project would otherwise be able to
proceed (12.5 percent);
(f) The extent to which the project
uses new technologies, including
Intelligent Transportation Systems
(ITS), that enhance the efficiency of the
project (5 percent);
(g) The amount of budget authority
required to fund the Federal credit
instrument made available (5 percent);.
and
(h) The extent to which TIFIA
assistance would reduce the
contribution of Federal grant assistance
to the project (5 percent).
In addition, approval for TIFIA credit
assistance requires the receipt of a
preliminary rating opinion letter
indicating that the project's senior debt
obligations have the potential to attain
an investment-grade rating. Complete
details regarding the TIFIA selection
process can be found in the program
guide, which can be downloaded from
h ttp://ti fia. fh wa.dot.govl.
III. Evaluation and Selection Process
A. Ensuring Responsible Spending of
Recovery Act Funds
On March 20, 2009, the President of
the United States signed a memorandum
for the heads of executive departments
and agencies on ensuring responsible
spending of Recovery Act funds. The
memorandum directs all Federal
agencies responsible for administering
Recovery Act funds, including the
Department, to develop transparent,
merit -based selection criteria to guide
the commitment, obligation and
expenditure of the Recovery Act funds
for which they are responsible,
including TIGER Discretionary Grant
funds.
In accordance with the memorandum,
the criteria specified in this notice help
ensure that TIGER Discretionary Grants
will be awarded to projects with a
demonstrated or potential ability to: "(i)
Deliver programmatic results; (ii)
achieve economic stimulus by
optimizing economic activity and the
number of jobs created or saved in
relation to the Federal dollars obligated;
(iii) achieve long-term public benefits
by, for example, investing in
technological advances in science and
health to increase economic efficiency
and improve quality of life; investing in
transportation, environmental
protection, and other infrastructure that
will provide long-term economic
benefits; fostering energy independence;
or improving educational quality; and
(iv) satisfy the Recovery Act's
transparency and accountability
objectives."
In accordance with the memorandum,
the Department will not award TIGER
Discretionary Grants to any project that
Federal Register / Vol. 74, No. 115/Wednesday, June 17, 2009/Notices 28763
is imprudent or does not further the job
creation, economic recovery and other
purposes of the Recovery Act. In
addition, Department officials will not
consider the views of a registered
lobbyist concerning particular projects,
applications, or applicants for funding
under the Recovery Act unless such
views are in writing and made publicly
available. For additional guidance on
the lobbying disclosure requirements of
the President's Memorandum, please
see the Office of Management and
Budget's Interim Guidance Regarding
Communications with Registered
Lobbyists about Recovery Act Funds
(available at http://
www. whi teh o use.gov/omb/assets/
memorandafy20091.m-09-16.pdj) and
any subsequent guidance issued by
OMB.
B. Evaluation Process
The Department will establish an
evaluation team to review each
application that is received by the
Department prior to the Application
Deadline. The evaluation team will be
organized and led by the Office of the
Secretary and will include members
from each of the Cognizant Modal
Administrations (as defined below).
These representatives will include
technical and professional staff with
relevant experience and/or expertise.
The evaluation team will be responsible
for evaluating and rating all of the
projects and making funding
recommendations to the Secretary. The
evaluation process will require team
members to evaluate and rate
applications individually before
convening with other members to
discuss ratings. The composition of the
evaluation team will be finalized after
the Application Deadline, based on the
Long -Term Outcomes .........................................
Jobs Creation & Economic Stimulus ..................
Innovation & Partnership ....................................
Program -Specific Criteria ....................................
To be selected for a TIGER
Discretionary Grant, a project must be
an Eligible Project and the applicant
must be an Eligible Applicant. The
Department may consider one or more
components of a large project to be an
Eligible Project, but only to the extent
number and nature of applications
received.
The Department will not assign
specific numerical scores to projects
based on the selection criteria outlined
above in Section II(A) (Selection
Criteria). Rather, ratings of "highly
recommended," "recommended," or
"not recommended" will be assigned to
projects for each of the selection criteria.
The Department will award TIGER
Discretionary Grants to projects that are
"highly recommended" in one or more
of the selection criteria, with projects
that are "highly recommended" in
multiple selection criteria being more
likely to receive TIGER Discretionary
Grants. In addition, the Department will
consider whether a project has a
negative effect on any of the selection
criteria, and any such negative effect
may reduce the likelihood that the
project will receive a TIGER
Discretionary Grant. To the extent the
initial evaluation process does not
sufficiently differentiate among highly
rated projects, the Department will use
a similar three -tiered rating process to
re -assess the projects that were highly
rated and identify those that should be
most highly rated.
The Department will give more
weight to the two Primary Selection
Criteria (Long -Term Outcomes and jobs
Creation S' Economic Stimulus) than to
the two Secondary Selection Criteria
(Innovation and Partnership). Projects
that are unable to demonstrate a
likelihood of significant long-term
benefits in any of the five long-term
outcomes identified in Section
II(A)(1)(a) (Long -Term Outcomes) will
not proceed in the evaluation process. A
project need not be well aligned with
each of the long-term outcomes in order
to be successful in the long-term
outcomes criterion overall. However, to
be successful in the long-term outcomes
criterion a project must be "highly
recommended" for at least one of the
long-term outcomes or "recommended"
for multiple long-term outcomes.
Projects that are strongly aligned with
multiple long-term outcomes will be the
most successful in this criterion.
For the Jobs Creation & Economic
Stimulus criterion, projects need not
receive a rating of "highly
recommended" in order to be
recommended for funding, although a
project that is not ready to proceed
quickly, as evidenced by the items
requested in Section II(13)(1)(b)(i)—(vi)
(Project Schedule, Environmental
Approvals, Legislative Approvals, State
and Local Planning, Technical
Feasibility, and Financial Feasibility), is
less likely to be successful in this
criterion.
The Department will give less weight
to the two Secondary Selection Criteria
(Innovation and Partnership) than to the
two Primary Selection Criteria (Long -
Term Outcomes and jobs Creation &
Economic Stimulus). The two
Secondary Selection Criteria will be
rated equally.
As noted above in Section II(C)
(Program -Specific Criteria), the
Program -Specific Criteria will not be
given ratings and will only be used to
the extent the Department needs to
differentiate and assign priority among
similar projects that have similar ratings
based on the selection criteria outlined
above in Section II(A) (Selection
Criteria).
The following table summarizes the
weighting of the selection criteria, as
described in the preceding paragraphs:
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.
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.
The Department will give less weight to these criteria than to the Primary Selection 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.
that the components themselves, not the
project of which they are a part, are
Eligible Projects and satisfy the
selection criteria specified in this
notice. For these projects, the benefits
described in an application must be
related to the components of the project
for which funding is requested, not the
full project of which they are a part.
C. Distribution of Funds
As noted above in Section I
(Background), the Recovery Act
prohibits the award of more than 20
28764 Federal Register / Vol. 74, No. 115/Wednesday, June 17, 2009/Notices
percent of the funds made available
under this program to projects in any
one State. The Recovery Act also
requires that the Department take
measures to ensure an equitable
geographic distribution of funds and an
appropriate balance in addressing the
needs of urban and rural communities.
The Department will apply an initial
unconstrained competitive rating
process based on the selection criteria
and program -specific criteria identified
above in Section II(A) (Selection
Criteria) and Section II(C) (Program -
Specific Criteria) to determine a
preliminary list of projects
recommended for TIGER Discretionary
Grants. The Department will then
analyze the preliminary list and
determine whether the purely
competitive ratings are consistent with
distributional requirements of the
Recovery Act. If necessary, the
Department will adjust the list of
recommended projects to satisfy the
statutory distributional requirements
while remaining as consistent as
possible with the competitive ratings.
As noted above in Section
II(13)(2)(b)(i) (jurisdictional &
Stakeholder Collaboration), applications
submitted jointly by multiple States
should include an allocation of project
costs to assist the Department in making
these determinations. In addition, the
Department will use the subsidy and
administrative cost estimate, not the
principal amount of credit assistance, to
determine any TIGER TIFIA Payment's
effect on these distributional
requirements.
D. Transparency of Process
In the interest of transparency, the
Department will disclose as much of the
information related to its evaluation
process as is practical. The Department
expects that the TIGER Discretionary
Grants program may be reviewed and/or
audited by Congress, the U.S.
Government Accountability Office, the
Department's Inspector General, or
others, and has and will continue to
take steps to document its decision
making process.
IV. Grant Administration
The Department expects that each
TIGER Discretionary Grant will be
administered by the modal
administration in the Department with
the most experience and/or expertise in
the relevant project area (the "Cognizant
Modal Administration"), pursuant to a
grant agreement between the TIGER
Discretionary Grant recipient and the
Cognizant Modal Administration. In
accordance with the Recovery Act, the
Secretary has the discretion to delegate
such responsibilities.
Applicable Federal laws, rules and
regulations will apply to projects that
receive TIGER Discretionary Grants,
including all of the requirements
included in the Recovery Act.
As noted above in Section II(B)(1)(b)
(jobs Creation & Economic Stimulus),
how soon after award a project is
expected to expend Grant Funds and
start construction will be considered on
a case-by-case basis and will be
specified in the project -specific grant
agreements. The Department reserves
the right to revoke any award of TIGER
Discretionary Grant funds and to award
such funds to another project to the
extent that such funds are not timely
expended and/or construction does not
begin in accordance with the project
schedule. The Department's ability to
obligate funds for TIGER Discretionary
Grants expires on September 30, 2011.
V. Waiver of Minimum Grant Size
Requirement
The Department has discretion under
the Recovery Act to waive the $20
million minimum grant size
requirement for Smaller Projects.
Applicants for TIGER Discretionary
Grants of less than $20 million for
Smaller Projects are encouraged to
apply and should address the same
criteria as applicants for TIGER
Discretionary Grants in excess of $20
million. The term "grant" in this
provision of the Recovery Act does not
include TIGER TIFIA Payments.
VI. TIGER TIFIA Payments
Up to $200 million of the $1.5 billion
available for TIGER Discretionary Grants
may be used for TIGER TIFIA Payments.
Given the average subsidy cost of the
existing TIFIA portfolio, $200 million in
TIGER TIFIA Payments could support
approximately $2 billion in Federal
credit assistance. Applicants seeking
TIGER TIFIA Payments should apply in
accordance with all of the criteria and
guidance specified in this notice for
TIGER Discretionary Grant applicants
and will be evaluated concurrently with
all other applications. Any applicant
seeking a TIGER TIFIA Payment is
required to comply with all of the TIFIA
program's standard application and
approval requirements, including
submission of a Letter of Interest prior
to submission of a TIFIA application
(the TIFIA program guide can be
downloaded from http:11
tifia.fhwa.dot.gov1). The Letter of
Interest must be submitted at least six
weeks prior to the Application
Deadline.
The Department does not expect
applicants for TIGER TIFIA Payments to
have received an instrument from TIFIA
obligating Federal credit assistance for
the project before the application is
submitted; however, applicants should
demonstrate that they are ready to
proceed rapidly upon receipt of a TIGER
TIFIA Payment in accordance with the
guidance specified above in Section
II(13)(1)(b) (Job Creation &Economic
Stimulus). The Department's TIFIA Joint
Program Office will assist the
Department in determining a project's
readiness to proceed rapidly upon
receipt of a TIGER TIFIA Payment.
Applicants seeking TIGER TIFIA
Payments may also apply for a TIGER
Discretionary Grant for the same project
and must indicate the type(s) of funding
for which they are applying clearly on
the face of their applications. An
applicant for a TIGER TIFIA Payment
must submit an application pursuant to
this notice for a TIGER TIFIA Payment
even if it does not wish to apply for a
TIGER Discretionary Grant.
Unless otherwise expressly noted
herein, any and all requirements that
apply to TIGER Discretionary Grants
pursuant to the Recovery Act, this
notice, or otherwise, including all
reporting and Recovery Act related
requirements, apply to TIGER TIFIA
Payments. TIFIA applicants that do not
receive TIGER TIFIA Payments will not
be required to comply with any of these
requirements.
VII. Contents of Application
An applicant for a TIGER
Discretionary Grant should include all
of the information requested below in
its application. The Department reserves
the right to ask any applicant to
supplement the data in its application,
but expects applications to be complete
upon submission. To the extent
practical, the Department encourages
applicants to provide data and evidence
of project merits in a form that is
publicly available or verifiable. For
TIGER TIFIA Payments, these
requirements apply only to the
applications required under this notice;
the standard TIFIA loan application
requirements, including the standard
$30,000.00 application fee, are
separately described in the Program
Guide and Application Form found at
h t t p : //ti fi a . f h wa . dot . go v/.
A. Length of Applications
The narrative portion of an
application should not exceed 25 pages
in length. Documentation supporting
the assertions made in the narrative
portion may also be provided, but
should be limited to relevant
Federal Register / Vol. 74, No. 115 / Wednesday, June 17, 2009 / Notices 28765
information. If possible, Web site links
to supporting documentation should be
provided rather than copies of these
materials. At the applicant's discretion,
relevant materials provided previously
to a Cognizant Modal Administration (as
defined below) in support of a different
DOT discretionary program (for
example, New Starts or TIFIA) may be
referenced and described as unchanged.
To the extent referenced, this
information need not be resubmitted for
the TIGER Discretionary Grant
application.
B. Contact Information
An application should include the
name, phone number, e-mail address
and organization address of the primary
point of contact for the applicant. The
Department will use this information to
inform parties of the Department's
decision regarding selection of projects,
as well as to contact parties in the event
that the Department needs additional
information about an application.
C. Project Description
An application should include a
detailed description of the proposed
project and geospatial data for the
project, including a map of the project's
location and its connections to existing
transportation infrastructure. An
application should also include a
description of how the project addresses
the needs of an urban and/or rural area.
An application should clearly describe
the transportation challenges that the
project aims to address, and how the
project will address these challenges.
This description should include
relevant data such as, for example,
passenger or freight volumes, congestion
levels, infrastructure condition, or safety
experience.
D. Project Parties
An application should include
information about the grant recipient
and other project parties.
E. Grant Funds and Sources and Uses of
Project Funds
An application should include
information about the amount of grant
funding requested, sources and uses of
all project funds, total project costs,
percentage of project costs that would
be paid for with TIGER Discretionary
Grant funds, and the identity and
percentage shares of all parties
providing funds for the project
(including Federal funds provided
under other programs).
F. Selection Criteria
An application must include
information required for the Department
to assess each of the criteria specified in
Section II(A) (Selection Criteria), as
such criteria are explained in Section
II(B) (Additional Guidance on Selection
Criteria), and each of the relevant
criteria specified in Section II(C)
(Program -Specific Criteria). Applicants
are encouraged to demonstrate the
responsiveness of a project to any and
all of the selection criteria with the most
relevant information that applicants can
provide, regardless of whether such
information has been specifically
requested, or identified, in this notice.
Any such information shall be
considered part of the application, not
supplemental, for purposes of the
application size limits identified above
in item A (Length of Applications). If an
applicant is unsure whether any of the
program -specific criteria apply to its
project and should be addressed in its
application the applicant should contact
the Department pursuant to the
procedures specified below in Section X
(Questions and Clarifications).
Information provided pursuant to this
paragraph must be quantified, to the
extent possible, to describe the project's
impacts on the Nation, a metropolitan
area, or a region. Information provided
pursuant to this paragraph should
include projections for both the build
and no -build scenarios for the project
for a point in time at least 20 years
beyond the project's completion date or
the lifespan of the project, whichever is
closest to the present.
G. Federal Wage Rate Requirement
An application must include a
certification, signed by the applicant,
stating that it will comply with the
requirements of subchapter IV of
chapter 31 of title 40, United States
Code (Federal wage rate requirements),
as required by the Recovery Act.
H. National Environmental Policy Act
Requirement
An application must detail whether
the project will significantly impact the
natural, social and/or economic
environment. If the NEPA process is
completed, an applicant must indicate
the date of, and provide a Web site link
or other reference to, the final
Categorical Exclusion, Finding of No
Significant Impact or Record of
Decision. If the NEPA process is
underway but not complete, the
application must detail where the
project is in the process, indicate the
anticipated date of completion and
provide a Web site link or other
reference to copies of any NEPA
documents prepared.
L Environmentally Related Federal,
State and Local Actions
An application must indicate whether
the proposed project is likely to require
actions by other agencies (e.g., permits),
indicate the status of such actions and
provide a Web site link or other
reference to materials submitted to the
other agencies, and/or demonstrate
compliance with other Federal, State
and local regulations as applicable,
including, but not limited to, Section
4(f) Parklands, Recreation Areas,
Refuges, £r Historic Properties; Section
106 Historic and Culturally Significant
Properties; Clean Water Act Wetlands
and Water; Executive Orders Wetlands,
Floodplains, Environmental Justice;
Clean Air Act Air Quality (specifically
note if the project is located in a
nonattainment area); Endangered
Species Act Threatened and
Endangered Biological Resources;
Magnuson -Stevens Fishery
Conservation and Management Act
Essential Fish Habitat; The Bald and
Golden Eagle Protection Act; and/or any
State and local requirements.
J. Protection of Confidential Business
Information
All information submitted as part of
or in support of an application shall use
publicly available data or data that can
be made public and methodologies that
are accepted by industry practice and
standards, to the extent possible. If the
application includes information that
the applicant considers to be a trade
secret or confidential commercial or
financial information, the applicant
should do the following: (1) Note on the
front cover that the submission
"Contains Confidential Business
Information (CBI);" (2) mark each
affected page "CBI;" and (3) highlight or
otherwise denote the CBI portions. The
Department protects such information
from disclosure to the extent allowed
under applicable law. In the event the
Department receives a Freedom of
Information Act (FOIA) request for the
information, the Department will follow
the procedures described in its FOIA
regulations at 49 CFR § 7.17. Only
information that is ultimately
determined to be confidential under that
procedure will be exempt from
disclosure under FOIA.
K. First Page of Application
The first page of an application
should clearly identify (i) what type of
project is the proposed project
(highway, transit, rail, port or other), (ii)
information about the location of the
project, including State, city, county
and congressional district, (iii) whether
28766 Federal Register / Vol. 74, No. 115/Wednesday, June 17, 2009/Notices
the project is in an urban or rural area,
and (iv) the amount in dollars of Grant
Funds that the applicant is seeking.
Recipients of TIGER Discretionary
Grants and their first-tier sub-awardees
will be required to have a DUNS
number (http://www.dnb.com) and a
current registration in the Central
Contractor Registration (http://
www.ccr.gov). While these items do not
need to be provided as part of the
application, a TIGER Discretionary
Grant will not be awarded if a recipient
or first-tier sub-awardee does not have
these items.
VIII. Project Benefits
The Department expects to identify
and report on the benefits of the projects
that it funds with TIGER Discretionary
Grants. To this end, the Department may
request that recipients of TIGER
Discretionary Grants cooperate in
Departmental efforts to collect and
report on information related to the
benefits produced by the projects that
receive TIGER Discretionary Grants.
In addition to the creation and
preservation of jobs and other benefits
that the Department is required to track
and report pursuant to the Recovery
Act, the benefits that the Department
reports on may include the following:
(1) Improved condition of existing
transportation facilities and systems; (2)
long-term growth in employment,
production or other high-value
economic activity; (3) improved
livability of communities across the
United States; (4) improved energy
efficiency, reduced dependence on oil
and reduced greenhouse gas emissions;
(5) reduced adverse impacts of
transportation on the natural
environment; (6) reduced number, rate
and consequences of surface
transportation -related crashes, injuries
and fatalities; (7) greater use of
innovative technology and innovative
approaches to transportation funding
and project delivery; (8) greater
collaboration with State and local
governments, other public entities,
private entities, nonprofit entities, or
other non-traditional partners; or (9)
greater integration of transportation
decision making with decision making
by other public agencies with similar
public service objectives.
Because of the limited nature of this
program, these benefits are likely to be
reported on a project -by -project basis
and trends across projects that were
selected for TIGER Discretionary Grants
may not be readily available. In
addition, because many of these benefits
are long-term outcomes, it may be years
before the value of the investments can
be quantified and fully reported. The
Department is considering the most
appropriate way to collect and report
information about these potential
project benefits.
IX. Reporting Requirements
A. Section 1201(c): Maintenance of
Effort: Reporting Requirements
Pursuant to the Recovery Act, entities
receiving TIGER Discretionary Grants
will be required to report on grant
activities on a routine basis. Section
1201(c) of the Recovery Act
(Maintenance of Effort: Reporting
Requirements), under General
Provision—Department of
Transportation—imposes an obligation
on entities receiving TIGER
Discretionary Grants, along with other
Department grantees receiving funds
from the Department's Covered
Programs, to submit periodic reports to
the agency from which funds were
received. Section 1201(c)(2) requires
that such reports include, for each
Covered Program (which includes the
TIGER Discretionary Grant program) the
following information: the amount of
Grant Funds appropriated, allocated,
obligated, and outlayed under the
appropriation; the number of projects
put out to bid under the appropriation
and the amount of Grant Funds
associated with these contracts; the
number of projects for which contracts
have been awarded under the
appropriation and the amount of Grant
Funds associated with these contracts;
the number of projects for which work
has begun under these contracts and the
associated amount of Grant Funds; the
number of projects for which work has
been completed and the associated
amount of Grant Funds; the number of
direct, on -project jobs created or
sustained by the Grant Funds for
projects under the appropriation and, to
the extent possible, the estimated
indirect jobs created or sustained in
associated supplying industries,
including the number of job -years
created and total increase in
employment since February 17, 2009;
and the actual aggregate expenditures by
each recipient from State sources for
projects eligible for funding under the
program between February 17, 2009,
and September 30, 2010, compared to
the level of such expenditures planned
to occur during this period as of
February 17, 2009.
According to the statute, grant
recipients must submit the first of these
reports not later than 90 days from
February 17, 2009, and must submit
updated reports not later than 180 days,
1 year, 2 years, and 3 years after that
date. Due to the unique timeframe for
TIGER Discretionary Grant awards,
TIGER Discretionary Grant recipients
should submit the first of such reports
on the first due date following the
award of Grant Funds and on each
subsequent due date thereafter.
B. Section 1512: Reports on Use of
Funds
Section 1512 of the Recovery Act
(Reports on Use of Funds) requires any
entity that received TIGER Discretionary
Grants to submit a report not later than
10 days after the end of each calendar
quarter as a condition of receiving
funding under the Recovery Act.
Pursuant to the OMB Guidance (which
is available at http://
www. whitehouse.gov/omb/assets/
memorandajy2009/m 09-15. p d fl,
recipients must report to OMB
beginning 10 days after the end of the
first calendar quarter after funds are
awarded. Recipients should refer to the
OMB Guidance for more detailed
instructions on such reports. OMB is
currently developing a government -
wide central reporting system. Detailed
instructions for centrally reporting the
required information will be made
available at http://
www.FederalReporting.gov.
C. Section 1609: Environmental
Reporting
Section 1609(c) of the Recovery Act
requires that Federal agencies report via
the President (specifically, to the White
House Council on Environmental
Quality) every 90 days following
enactment of the Recovery Act on the
status of projects funded under the
Recovery Act with respect to
compliance with the National
Environmental Policy Act.
To satisfy the purposes of the
Recovery Act, grant recipients may be
required to provide additional
information in response to requests from
OMB, the Congressional Budget Office,
the Government Accountability Office,
or the Department's Inspector General.
The Department will inform grant
recipients if and when such additional
reports are required.
Further information about how grant
recipients will be expected to comply
with the reporting requirements of the
Recovery Act will be provided in the
individual grant agreements signed by
recipients of TIGER Discretionary
Grants.
X. Certification Requirements
To the extent applicable, grantees
must comply with the Certification
requirements of the Recovery Act. These
include the Certification requirement in
Section 1511 (Transparency and
Federal Register/Vol. 74, No. 115/Wednesday, June 17, 2009/Notices 28767
Oversight), requiring the Governor,
mayor, or other chief executive, as
appropriate, to certify that the
infrastructure investment has received
the full review and vetting required by
law and accepting responsibility that
the infrastructure investment is an
appropriate use of taxpayer dollars.
Certification under Section 1511 is a
condition for award of TIGER
Discretionary Grants to State or local
agencies. On February 27, 2009,
Secretary of Transportation Ray LaHood
sent a letter to the Governors of each
State providing guidance and a template
for the Certifications required by the
Recovery Act, a copy of which is
available on the Department's Recovery
Act Web site, at http://www.dot.govl
recovery/.
Pursuant to Section 1511, for funds
made available to State or local
governments for transportation
infrastructure investments, including
Grant Funds under the TIGER
Discretionary Grants program, the
Governor, mayor, or other chief
executive, as appropriate, must certify
that the infrastructure investment (1)
received the full review and vetting
required by law; and (2) that the chief
executive accepts responsibility that it
is an appropriate use of taxpayer
dollars. This Certification must be
executed and posted on a Web site and
linked to Recovery.gov prior to the
recipient of a TIGER Discretionary Grant
receiving Grant Funds. If the potential
project is a highway or transit project
and it is included in the Statewide
Transportation Improvement Program
(STIP) with the specific information
required by Section 1511 (a description
of the investment, the estimated total
cost, and the amount of ARRA funds to
be used), it may be included in the
Governor's Section 1511 Certification
covering highway and transit projects in
a State. One way for the Governor's
Certification to satisfy the Section 1511
requirement, is for the Certification to
state that the project is included in the
STIP and therefore has completed the
TIP/STIP planning process. In this case,
the Governor's Certification must also
provide a link to the public web posting
of the STIP that includes (or will
include) any highway and transit project
designated to receive Recovery Act
funding. If the project is not included in
the STIP, a separate Certification for the
potential TIGER Discretionary Grant
project must be executed, attaching the
relevant information or linking to a
public Web site where the information
may be obtained. This Certification
must include a description of the
investment, the estimated total cost, and
the amount of covered funds to be used,
and must be posted online and linked
to the Web site Recovery.gov. The
Certification must also state that the
projects have been properly reviewed
and vetted and are an appropriate use of
taxpayer dollars.
All Certifications, once executed,
shall be submitted to the Secretary of
Transportation, c/o Joel Szabat, Deputy
Assistant Secretary for Transportation
Policy, at TigerTeam.Leads@dot.gov.
Certifications may be submitted via e-
mail as electronic, scanned copies, with
original signed versions to follow via
U.S. mail. As required by the Recovery
Act, Certifications under Section 1511
shall be immediately posted on a Web
site and linked to the Web site
Recovery.gov.
XI. Questions and Clarifications
Questions about this notice should be
submitted to the TIGER Discretionary
Grants program manager via e-mail at
TIGERGrants@dot.gov. The Department
will regularly post answers to these
questions and other important
clarifications on the Department's Web
site at http://www.dot.gov/recoverylost/.
Issued On: June 12, 2009.
Ray LaHood,
Secretary.
[FR Doc. E9-14262 Filed 6-16-09; 8:45 am]
BILLING CODE 4910 -9X -P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA -2009-0001—N-13]
Notice and Request for Comments
SUMMARY: In compliance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), this notice
announces that the Information
Collection Requirements (ICRs)
abstracted below have been forwarded
to the Office of Management and Budget
(OMB) for review and comment. The
ICRs describe the nature of the
information collections and their
expected burdens. The Federal Register
notice with a 60 -day comment period
soliciting comments on the following
collections of information was
published on April 6, 2009 (74 FR
15588).
DATES: Comments must be submitted on
or before July 17, 2009.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Brogan, Office of Safety,
Planning and Evaluation Division, RRS-
21, Federal Railroad Administration,
1200 New Jersey Ave., SE., Mail Stop
17, Washington, DC 20590 (telephone:
(202) 493-6292), or Ms. Nakia Jackson,
Office of Information Technology, RAD -
20, Federal Railroad Administration,
1200 New Jersey Ave., SE., Mail Stop
35, Washington, DC 20590 (telephone:
(202) 493-6073). (These telephone
numbers are not toll-free.)
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Public Law 104-13, Section 2,
109 Stat. 163 (1995) (codified as revised
at 44 U.S.C. 3501-3520), and its
implementing regulations, 5 CFR Part
1320, require Federal agencies to issue
two notices seeking public comment on
information collection activities before
OMB may approve paperwork packages.
44 U.S.C. 3506, 3507; 5 CFR 1320.5,
1320.8(d)(1), 1320.12. On April 6, 2009,
FRA published a 60 -day notice in the
Federal Register soliciting comment on
ICRs that the agency was seeking OMB
approval. 74 FR 15588. FRA received no
comments after issuing this 60 -day
notice. Accordingly, DOT announces
that these information collection
activities have been re-evaluated and
certified under 5 CFR 1320.5(a) and
forwarded to OMB for review and
approval pursuant to 5 CFR 1320.12(c).
Before OMB decides whether to
approve these proposed collections of
information, it must provide 30 days for
public comment. 44 U.S.C. 3507(b); 5
CFR 1320.12(d). Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30 day notice is
published. 44 U.S.C. 3507(b)—(c); 5 CFR
1320.12(d); see also 60 FR 44978, 44983,
Aug. 29, 1995. OMB believes that the 30
day notice informs the regulated
community to file relevant comments
and affords the agency adequate time to
digest public comments before it
renders a decision. 60 FR 44983, Aug.
29, 1995. Therefore, respondents should
submit their respective comments to
OMB within 30 days of publication to
best ensure having their full effect. 5
CFR 1320.12(c); see also 60 FR 44983,
Aug. 29, 1995.
The summaries below describe the
nature of the information collection
requirements (ICRs) and the expected
burden. The current requirements are
being submitted for clearance by OMB
as required by the PRA.
Title: Stenciling Reporting Mark on
Freight Cars.
OMB Control Number: 2130-0520.
Type of Request: Extension of a
currently approved collection.
Affected Public: Railroads.
Abstract: Title 49, Section 215.301 of
the Code of Federal Regulations, sets
forth certain requirements that must be
followed by railroad carriers and private