HomeMy Public PortalAbout10-8106 Tiger II Discretionary Grant Program Sponsored by: City Manager
Resolution No. 10-8106
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE
CITY MANAGER TO SUBMIT AN APPLICATION FOR THE
TIGER II DISCRETIONARY GRANT PROGRAM TO THE
UNITED STATES DEPARTMENT OF TRANSPORTATION
(US.DOT) REQUESTING FUNDS IN AN AMOUNT UP TO
TEN MILLION DOLLARS ($10,000,000.00); PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS,the City Commission of the City of Opa-locka desires to improve the existing
transportation system,to foster livable communities through policies and investments that will have
an impact on transportation choices and access services to the community; and
WHEREAS,TIGER II Discretionary Grant is for capital investment in surface transportation
infrastructure and will provide the funds for the City of Opa-locka's transportation infrastructure
improvements; and
WHEREAS, the City of Opa-locka,will be required to provide matching funds of 20%of
the TIGER II Discretionary Grant, toward the total eligible costs of the project awarded; and
WHEREAS, the City Commission of the City of Opa-locka authorizes the City Manager
to submit an application to the United States Department of Transportation(US.DOT)for the TIGER
II Discretionary Grant:
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Resolution No. 10-8106
Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs
the City Manager to submit an application for the TIGER II Discretionary Grant program to the
United States Department of Transportation (US.DOT) requesting funds in an amount up to Ten
Million Dollars ($10,000,000.00).
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 28 day of July, 2010.
dPeallt
L. KELLEY
M• •R
Attest:
Deborah s y
City Clerk
Approved as to f e rm and legal suffici
p
if,
os-�1l . CA el-r, Esq.
Ci, Attorney
Moved by: HOLMES
Seconded by: JOHNSON
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson:YES
Commissioner Tydus: YES
Vice-Mayor Taylor: YES
Mayor Kelley: YES
1549951 v1
2
Memorandum
TO: Mayor Joseph L. Kelley
Vice Mayor Myra L. Taylor
Commissioner Timothy Holmes
Commissioner Dorothy Johnson
C mmissioner Rose Tydus
FROM: Cal ce Patterson, rty anager
DATE: July 19,2010
RE: Resolution Authorizing Application TIGER II Surface Transportation
Discretionary Grant
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, AUTHORIZING THE CITY MANAGER TO SUBMIT AN
APPLICATION FOR THE TIGER II DISCRETIONARY GRANT PROGRAM TO
THE DEPARTMENT OF TRANSPORTATION REQUESTING FUNDS IN THE
AMOUNT UP TO TEN MILLION ($10,000,000.00); PROVIDING FOR AN
EFFECTWE DATE.
Description: The TIGER II Discretionary Grant is for capital investments in surface
transportation infrastructure. Eligible projects include, but are not limited to
highway or bridge projects, public transportation projects, passenger and
freight rail transportation projects, and port infrastructure investments.
Financial Impact: Awardees under TIGER II Discretionary Grant are required to provide
matching funds of 20%toward the total eligible costs of the project.
Implementation Time Line: Immediately.
Legislative History: None
Recommendation(s): Staff is recommending the approval of the Resolution authorizing the
City Manager to submit an application for the Department of
Transportation's National Infrastructure Investment.
Analysis: The TIGER II Discretionary Grant will allow the City to improve the condition
of existing transportation facilities and systems, foster livable communities
through place-based policies and investments that increase transportation
choices and access to transportation services in the community, and improve the
safety of its local roads.
ATTACHMENT(S): Department of Transportation TIGER II Discretionary Grant Guidance.
PREPARED BY: Charmaine Parchment
•
30460 Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices
seq.),Delegation of Authority No. 234 of Inc.,fit,willing,and able,and to This appropriation is similar,but not
October 1,1999,Delegation of Authority provide interstate charter air identical to the appropriation for the
No. 236 of October 19,1999,as transportation of persons,property,and Transportation Investment Generating
amended,and Delegation of Authority mail using one large aircraft. Economic Recovery,or"TIGER
No.257 of April 15,2003 [68 FR 19875), DATES:Persons wishing to file Discretionary Grant",program
I hereby determine that the objects to be objections should do so no later than authorized and implemented pursuant
included in the exhibition"Dynasty and June 7,2010. to the American Recovery and
Divinity:Ife Art in Ancient Nigeria," ADDRESSES:Objections and answers to Reinvestment Act of 2009(the
imported from abroad for temporary objections should be filed in Docket "Recovery Act").Because of the
exhibition within the United States,are DOT-OST-2009-0208 and addressed to similarity in program structure,DOT is
of cultural significance.The objects are U.S.Department of Transportation, referring to the grants for National
imported pursuant to loan agreements Docket Operations,(M-30,Room W12- Infrastructure Investments under the FY
with the foreign owner or custodian.I 140), 1200 New Jersey Avenue,SE., 2010 Appropriations Act as"TIGER II
also determine that the exhibition or West Building Ground Floor, Discretionary Grants".As with the
display of the exhibit objects at the Washington,DC 20590,and should be TIGER program,funds for the TIGER II
Museum of Fine Arts,Houston,TX, served upon the parties listed in program are to be awarded on a
from on or about September 19,2010, Attachment A to the order. competitive basis for projects that will
until on or about January 9,2011;at the have a significant impact on the Nation,
FOR FURTHER INFORMATION CONTACT:
Virginia Museum of Fine Arts, Michael Price,Air Carrier Fitness a metropolitan area or a region.Through
Richmond,VA,from on or about this notice,DOT is soliciting
Division(X-56,Room W86-462),U.S.
February 19,2011,until on or about Department of Transportation, 1200 applications for TIGER H Discretionary
May 22,2011;at the Indianapolis Grants.
Museum of Art,Indianapolis,IN,from New Jersey Avenue,SE.,Washington, On April 26,2010,DOT published an
on or about July 10,2011,until on or DC 20590,(202)366-9721. interim notice announcing the
about October 9,2011;at the Museum Dated:May 24,2010. availability of funding for TIGER II
for African Art,New York,NY,from on Susan Kurland, Discretionary Grants.Because this is a
or about November 11,2011,until on or Assistant Secretary for Aviation and new program,the interim notice also
about March 4,2012,and at possible International Affairs. requested comments on the proposed
additional exhibitions or venues yet to [FR Doc.2010-13022 Filed 5-28-10;8:45 am] selection criteria and guidance for
be determined,is in the national BILLING CODE P awarding TIGER II Discretionary Grants.
interest.Public Notice of these DOT considered the comments that
Determinations is ordered to be were submitted in accordance with the
published in the Federal Register. DEPARTMENT OF TRANSPORTATION interim notice and decided to publish
FOR FURTHER INFORMATION CONTACT:For this notice revising some elements of
further information,including a list of Office of the Secretary the interim notice.Each of the
the exhibit objects,contact Carol B. [Docket No.DOT-OST-2010-0076] substantive revisions made in this
Epstein,Attorney-Adviser,Office of the notice are described below in
Legal Adviser,U.S.Department of State Notice of Funding Availability for the "Supplemental Information."In the
(telephone:202/632-6473).The address Department of Transportation's event that this solicitation does not
is U.S.Department of State,SA-5,L/PD, National Infrastructure Investments result in the award and obligation of all
Fifth Floor,Washington,DC 20522- Under the Transportation,Housing and available funds,DOT may decide to
0505. Urban Development,and Related publish an additional solicitation.
Dated:May 21,2010. Agencies Appropriations Act for 2010 DATES:Pre-applications must be
Maura M.Pally, AGENCY:Office of the Secretary of submitted by July 16,2010,at 5 p.m.
Deputy Assistant Secretary for Professional Transportation,DOT. EDT(the"Pre-Application Deadline").
and Cultural Exchanges,Bureau of ACTION:Notice of funding availability. Final applications must be submitted
Educational and Cultural Affairs,Department through Grants.gov by August 23,2010,
of State. SUMMARY:This notice announces the at 5 p.m.EDT(the"Application
[FR Doc.2010-13066 Filed 5-28-10;8:45 am] availability of funding and requests Deadline").The DOT pre-application
BILLING CODE 4710-05-P proposals for the Department of system will open no later than June 23,
Transportation's National Infrastructure 2010 to allow prospective applicants to
Investments.In addition,this notice submit pre-applications. Subsequently,
DEPARTMENT OF TRANSPORTATION announces selection criteria and pre- the Grants.gov"Apply"function will
application and application open on July 30, 2010,allowing
Office of the Secretary requirements for the National applicants to submit applications.While
Infrastructure Investments. applicants are encouraged to submit
[Docket Number:DOT-OST-2009-0208] On December 16,2009,the President pre-applications in advance of the Pre-
Application of Kaiserair,Inc.for signed the Transportation,Housing and Application Deadline,pre-applications
Certificate Authority Urban Development,and Related will not be reviewed until after the Pre-
Agencies Appropriations Act for 2010 Application Deadline.Similarly,while
AGENCY:Department of Transportation. (Div.A of the Consolidated applicants are encouraged to submit
ACTION:Notice of Order to Show Cause Appropriations Act,2010(Pub.L. 111- applications in advance of the
(Order 2010-5-25). 117,Dec. 16,2009)) ("FY 2010 Application Deadline,applications will
Appropriations Act").The FY 2010 not be evaluated,and awards will not be
SUMMARY:The Department of Appropriations Act appropriated$600 made,until after the Application
Transportation is directing all interested million to be awarded by the Deadline.Pursuant to the FY 2010
persons to show cause why it should Department of Transportation("DOT") Appropriations Act,DOT will evaluate
not issue an order finding KaiserAir, for National Infrastructure Investments. all applications and announce the
Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices 30461
projects that have been selected to agreed to conduct a multi-agency Areas(as such term is defined by the
receive TIGER ll Discretionary Grants no evaluation and award process for their Census Bureau).To the extent more
sooner than September 15,2010. respective planning grants.This than a de minimis portion of a project
ADDRESSES:Pre-applications must be approach is consistent with DOT and is located in an Urbanized Area,this
submitted electronically to DOT and HUD's participation in the"Partnership notice asks applicants to identify the
applications must be submitted for Sustainable Communities"with the estimated percentage of project costs
electronically through Grants.gov.Only U.S.Environmental Protection Agency that will be spent in the Urbanized
pre-applications received by DOT and ("EPA")to help American families in all Area.This will allow DOT to
applications received through communities—rural,suburban and appropriately account for the$140
Grants.gov will be deemed properly urban—gain better access to affordable million that the FY 2010 Appropriations
filed.Instructions for submitting pre- housing,more transportation options, Act sets aside for rural areas.Also,this
applications to DOT and applications lower transportation costs,and a cleaner notice revises the footnote in Section V
through Grants.gov are included in environment.The details of this multi- (Projects in Rural Areas)to clarify that
Section VIII(Pre-Application and agency planning grant program, rural areas include any area not in an
Application Cycle). including information about eligibility, Urbanized Area,as such term is defined
FOR FURTHER INFORMATION CONTACT:For selection criteria,and pre-application by the Census Bureau,including Urban
further information concerning this and application requirements,are Clusters.
notice please contact the TIGER II described in a joint notice of funding 5.This notice revises Section
Discretionary Grant program manager availability to be published in the II(B)(1)(b)(ii)(Environmental Approvals)
via e-mail at TIGERIIGrants@dot.gov,or Federal Register by DOT and HUD.The to provide additional guidance about
call Robert Mariner at 202-366-8914.A joint notice will be published shortly the assurance that applicants should
TDD is available for individuals who are after this notice and signed by the provide with their pre-applications to
deaf or hard of hearing at 202-366– Secretaries of each agency.Interested demonstrate that the project has
3993.In addition,DOT will regularly parties are encouraged to review the received(or reasonably anticipates
post answers to questions and requests joint notice for more information. receipt of all necessary environmental
for clarifications on DOT's Web site at However,DOT applicants may request approvals required for the project to
http://www.dot.gov/recovery/ost/
funding for planning and capital proceed rapidly upon receipt of a TIGER
TIGERII. expenses for the same project under this II Discretionary Grant.
notice. 6.This notice revises the Economic
SUPPLEMENTARY INFORMATION:On April 3.This notice provides additional
26,2010,DOT published an interim guidance in the"Background"section Competitiveness criterion he guidance
e
notice announcing funding availability about the matching funds required to Section IIcting(a)(ii)and the guidance
for the TIGER II Discretionary Grant satisfy the FY 2010 Appropriations Act. for vonducting p a benefit-cost analysis
program.Because this is a new program, DOT will consider any non-Federal provided in Appendix m A to considers
the interim notice also requested funds as a local match for purposes of clarify what the Department considers
comments on the proposed selection this program,whether such funds are to be long-term economic benefits.
criteria and guidance for awarding contributed by the public sector(State This notice revises Section VI(TIGER
77 TIFIA Payments)to clarify that the
TIGER II Discretionary Grants.DOT or local)or the private sector.However,
considered the comments that were DOT will not consider funds already correct amount of the TIFIA application
submitted in accordance with the expended as a local match. fee is$50,000,not$30,000.Applicants
interim notice and decided to publish Furthermore,the 20 percent matching do not need to submit this fee with their
this notice revising some elements of requirement for project that are not in application for a TIGER II TIFIA
the interim notice.Each of the rural areas is an eligibility requirement. Payment.However,if a project is
substantive revisions made in this All projects,whether in an urban or selected for a TIGER II TIFIA Payment,
notice are described in the following rural area,can increase their the project sponsor will be invited to
numbered paragraphs. competitiveness by demonstrating submit a TIFIA application,and will be
This notice revises the interim notice significant contributions in excess of the required to pay the TIFIA application
published on April 26, 2010,as follows: required local match,and DOT will give fee with submission of the TIFIA
1.The notice is no longer an interim priority,based on the FY 2010 application.These substantive changes
notice,and DOT is no longer Appropriations Act,to projects for to the interim notice published on April
considering comments on the proposed which Federal funding is required to 26,2010,have been included in this
selection criteria and guidance for complete an overall financing package. notice.All comments received prior to
awarding TIGER II Discretionary Grants. 4.This notice clarifies the definition the May 7,2010,deadline were received
This notice is the operative notice of of"rural area"that DOT is using for and considered by DOT.
funding availability for the TIGER II purposes of the TIGER II Discretionary Table of Contents
Discretionary Grant program. Grant program.The interim notice I.Background
2.In the interim notice,DOT stated that DOT will consider a project TIGER II Discretionary Grants
indicated that it was seeking comments to be in a rural area if"all or a material II.Selection Criteria and Guidance on
on its intention to conduct a multi- portion of a project is located in a rural Application of Selection Criteria
agency evaluation and award process area".This notice clarifies that DOT will III.Evaluation and Selection Process
with the Department of Housing and only consider a material portion of a IV.Grant Administration
Urban Development("HUD")for DOT's project to be located in a rural area if the V.Projects in Rural Areas
TIGER II Planning Grants(as defined majority of the project is located in a VI.TIGER II TIFIA Payments
below in the"Background"section)and rural area.The reason this language was VII.TIGER II Planning Grants
HUD's Community Challenge Planning included in the notice was to ensure Application Requirements
Grants,which were also authorized that rural transportation corridors could VIII.Pre-Application Benefits
and Application Cycle
under the FY 2010 Appropriations Act. be considered to be in rural areas even X. Project Benefits
DOT and HUD have considered the if the corridors terminate in,or A.Appendix A:and i Clarifications onIn
Appendix A:Additional Information on Cost
comments that were submitted and have otherwise pass through,Urbanized Benefit Analysis
30462 Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices
Appendix B:Additional Information on governments,including U.S.territories, maximum grant size for the TIGER II
Applying Through Grants.gov tribal governments,transit agencies, Discretionary Grant program will be
I.Background port authorities,metropolitan planning reached for any project.The Recovery
organizations(MPOs),other political Act gave DOT discretion to waive the
Recovery Act TIGER Discretionary subdivisions of State or local minimum grant size for significant
Grants governments,and multi-State or multi- projects in smaller cities,regions,or
On February 17,2009,the President jurisdictional groups applying through a States.The FY 2010 Appropriations Act
of the United States signed the Recovery single lead applicant(for multi- does not provide similar authority to
Act,which appropriated$1.5 billion of jurisdictional groups,each member of waive the minimum$10 million grant
discretionary grant funds to be awarded the group,including the lead applicant, size for TIGER II Discretionary Grants.
by DOT for capital investments in must be an otherwise eligible applicant However,for projects located in rural
surface transportation infrastructure. as defined in this paragraph). areas(as defined in section V(Projects
DOT refers to these grants as Grants for Projects that are eligible for TIGER II in Rural Areas)),the minimum TIGER II
Transportation Investment Generating Discretionary Grants under the FY 2010 Discretionary Grant size is$1 million.
Economic Recovery or"TIGER Appropriations Act("Eligible Projects") The term"grant"in the provision of the
Discretionary Grants".DOT solicited include,but are not limited to: (1) FY 2010 Appropriations Act specifying
applications for TIGER Discretionary Highway or bridge projects eligible a minimum grant size does not include
Grants through a notice of funding under title 23,United States Code; (2) TIGER II TIFIA Payments,as defined
availability published in the Federal public transportation projects eligible below.
Register on June 17,2009(an interim under chapter 53 of title 49,United Pursuant to the FY 2010
notice was published on May 18,2009). States Code;(3)passenger and freight Appropriations Act,no more than 25
Applications for TIGER Discretionary rail transportation projects;and(4)port percent of the funds made available for
Grants were due on September 15,2009 infrastructure investments.Federal TIGER II Discretionary Grants(or$150
and DOT received over 1400 wage rate requirements included in million)may be awarded to projects in
applications with funding requests subchapter IV of chapter 31 of title 40, a single State.The comparable figure for
totaling almost$60 billion.Funding for United States Code,apply to all projects TIGER Discretionary Grants was 20
51 projects totaling nearly$1.5 billion receiving funds.This description of percent(or$300 million).
was announced on February 17,2010. Eligible Projects is,in practice,identical The FY 2010 Appropriations Act
Grant announcements ranged from to the description of eligible projects directs that not less than$140 million
$3.15 million to$105 million for under the TIGER Discretionary Grant of the funds provided for TIGER II
individual projects,with an average program.1 Discretionary Grants is to be used for
award size of approximately$30 million The FY 2010 Appropriations Act projects located in rural areas.There
and the median award amount being requires a new solicitation of was no comparable amount set aside for
$22 million.Less than three percent of applications and,therefore,any rural areas under the Recovery Act for
the applications(by dollar value) unsuccessful applicant for a TIGER TIGER Discretionary Grants.In
received any funding.Projects were Discretionary Grant that wishes to be awarding TIGER II Discretionary Grants
selected for funding based on their considered for a TIGER II Discretionary pursuant to the FY 2010 Appropriations
alignment with the selection criteria Grant must reapply according to the Act,DOT must take measures to ensure
specified in the June 17,2009,Federal procedures in this notice. an equitable geographic distribution of
Register notice for the TIGER The FY 2010 Appropriations Act grant funds,an appropriate balance in
Discretionary Grant program. specifies that TIGER II Discretionary addressing the needs of urban and rural
On December 16,2009,the President Grants may be not less than$10 million areas and the investment in a variety of
signed the FY 2010 Appropriations Act, and not greater than$200 million.The transportation modes.The Recovery Act
which appropriated$600 million to comparable figures for TIGER provided a similar provision for the
DOT for National Infrastructure Discretionary Grants funded under the TIGER Discretionary Grant program,but
Investments using language that is Recovery Act were$20 million and with no language on ensuring
similar,but not identical,to the $300 million,although the largest grant investments in a variety of
language in the Recovery Act announced under the TIGER program transportation modes.
authorizing the TIGER Discretionary was$105 million.Based on DOT's TIGER II Discretionary Grants may be
Grants.DOT is referring to the grants for experience with the TIGER used for up to 80 percent of the costs of
National Infrastructure Investments as Discretionary Grant program,it is a project,but priority must be given to
TIGER II Discretionary Grants. unlikely that the$200 million projects for which Federal funding is
required to complete an overall
TIGER II Discretionary Grants 1 Consistent with the FY 2010 Appropriations financing package and projects can
Act,DOT will apply the following principles in
Like the TIGER Discretionary Grants, determining whether a project is eligible as a capital increase their competitiveness by
TIGER II Discretionary Grants are for investment in surface transportation:(1)Surface demonstrating significant non-Federal
capital investments in surface transportation facilities generally include roads, contributions.2 The Recovery Act
transportation infrastructure and are to highways and bridges,ports,freight and passenger included a similar priority for TIGER
be awarded on a competitive basis for railroads,transit systems,and projects that connect Discretionary Grants,but allowed DOT
projects that will have a significant transportation facilities to other modes of ry
P ro J g transportation;and(2)surface transportation to fund up to 100 percent of the costs
impact on the Nation,a metropolitan facilities also include any highway or bridge project of a project.For TIGER II Discretionary
area,or a region.Key requirements of eligible under title 23,U.S.C.,or public Grants,DOT may increase the Federal
the TIGER II Discretionary Grant transportation project eligible under chapter 53 of
title 49,U.S.C.Please note that the Department may
program are summarized below,and use a TIGER II Discretionary Grant to pay for the 2 DOT will consider any non-Federal funds for
material differences from the TIGER surface transportation components of a broader purposes of meeting the 20 percent match
Discretionary Grant program are project that has non-surface transportation requirement,whether such funds are contributed by
highlighted. components,and applicants are encouraged to the public sector(State or local)or the private
Applicants"for TIGER II apply for TIGER II Discretionary Grants to pay for sector;however,DOT will not consider funds
"Eligible pP CanS Or the surface transportation components of these already expended for purposes of meeting the 20
Discretionary Grants are State and local projects. percent match requirement.
Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices 30463
share above 80 percent only for projects referring to these payments as"TIGER II Federal Transit Administration,the
located in rural areas,in which case TIFIA Payments."The Recovery Act Federal Railroad Administration,and
DOT may fund up to 100 percent of the authorized DOT to use up to$200 the Federal Maritime Administration.
costs of a project.However,the statutory million of the amount available for The purpose of this notice is to solicit
requirement to give priority to projects TIGER Discretionary Grants for similar applications for TIGER II Discretionary
that use Federal funds to complete an purposes. Grants.
overall financing package applies to Based on the subsidy amounts
projects located in rural areas as well, required for projects in the TIFIA TIGER II Discretionary Grants
and projects located in rural areas can program's existing portfolio,DOT II.Selection Criteria and Guidance on
increase their competitiveness for estimates that$150 million of TIGER II Application of Selection Criteria
purposes of the TIGER II program by TIFIA Payments could support This section specifies the criteria that
demonstrating significant non-Federal approximately$1.5 billion in TIFIA DOT will use to evaluate applications
financial contributions. credit assistance.The amount of budget for TIGER II Discretionary Grants.The
The Recovery Act required DOT to authority required to support TIFIA criteria incorporate the statutory
give priority to projects that were credit assistance is calculated on a eligibility requirements for this
expected to be completed by February project-by-project basis.Applicants for program,which are specified in this
17,2012.The FY 2010 Appropriations TIGER II TIFIA Payments should submit notice as relevant.This section is
Act does not include any similar an application pursuant to this notice divided into two parts.Part A(Selection
requirements for the TIGER II and a separate TIFIA letter of interest, Criteria)specifies the criteria that DOT
Discretionary Grants,although TIGER II as described below in Section VI(TIGER will use to rate projects.Additional
funds are only available for obligation II TIFIA Payments). Unless otherwise guidance about how DOT will apply
through September 30,2012. noted,or the context requires otherwise, these criteria,including illustrative
The Recovery Act emphasizes the references in this notice to TIGER H metrics and examples,is provided in
generation of near-term economic effects Discretionary Grants include TIGER II
Part B(Additional Guidance on
from expenditures on project costs,such TIFIA Payments.
as construction job creation,as a DOT reserves the right to offer a Selection Criteria).
fundamental goal of the TIGER TIGER II TIFIA Payment to an applicant A.Selection Criteria
Discretionary Grant program.However, that applied for a TIGER II Discretionary TIGER II Discretionary Grants will be
the FY 2010 Appropriations Act does Grant even if DOT does not choose to awarded based on the selection criteria
not include explicit emphasis on job fund the requested TIGER II as outlined below.There are two
creation and instead focuses more Discretionary Grant and the applicant
broadly on the impact of projects on the did not specifically request a TIGER II categories of selection criteria,"Primary
Nation,a metropolitan area,or a region TIFIA Payment.Therefore,as described Selection Criteria"and"Secondary
including the medium and long-term below in Section VI(TIGER II TIFIA Selection Criteria."
benefits that would accrue post-project Payments),applicants for TIGER II The Primary Selection Criteria
completion.Therefore,in all cases, Discretionary Grants,particularly include(1)Long-Term Outcomes and
TIGER II Discretionary Grant applicants that require a substantial (2)Job Creation&Economic Stimulus.
applications will need to be competitive amount of funds to complete a financing The Secondary Selection Criteria
on the merits of the medium to long- package,should indicate whether or not include(1)Innovation and(2)
term impacts of the projects themselves, they have considered applying for a Partnership.The Primary Selection
as demonstrated by a project's TIGER II TIFIA Payment.To the extent Criteria are intended to capture the
alignment with the Long-Term an applicant thinks that TIFIA may be primary objective of the TIGER II
Outcomes selection criterion described a viable option for the project, provisions of the FY 2010
in Section II(A) (Selection Criteria) applicants should provide a brief Appropriations Act,which is to invest
below.However,because communities description of a project finance plan that in infrastructure projects that will have
nationwide continue to face difficult includes TIFIA credit assistance and a significant impact on the Nation,a
economic times,DOT will also continue identifies a source of revenue which metropolitan area,or a region.The
to incorporate near-term impacts like maybe available to support the TIFIA Secondary Selection Criteria are
job creation in its evaluation of TIGER credit assistance. intended to capture the benefits of new
II applications,as demonstrated by a The FY 2010 Appropriations Act also and/or innovative approaches to
project's alignment with the Job permits DOT to use an amount not to achieving this programmatic objective.
Creation&Economic Stimulus selection exceed$35 million of the available 1.Primary Selection Criteria
criterion described in Section II(A) TIGER II funds for the planning,
below.Consideration of near-term preparation,or design of Eligible (a)Long-Term Outcomes
benefits will apply particularly in the Projects("TIGER II Planning Grants"). DOT will give priority to projects that
case of projects that will employ people TIGER II Planning Grants may be have a significant impact on desirable
in Economically Distressed Areas as awarded to Eligible Applicants.The long-term outcomes for the Nation,a
discussed in more detail in Section II(A) Recovery Act did not explicitly provide metropolitan area,or a region.
below. funding for similar activities under the Applications that do not demonstrate a
The FY 2010 Appropriations Act TIGER Discretionary Grant program. likelihood of significant long-term
allows for an amount not to exceed$150 The FY 2010 Appropriations Act benefits in this criterion will not
million of the$600 million to be used provides that the Secretary of proceed in the evaluation process.The
to pay the subsidy and administrative Transportation may retain up to$25 following types of long-term outcomes
costs of the Transportation million of the$600 million to fund the will be given priority:
Infrastructure Finance and Innovation award and oversight of TIGER II (i)State of Good Repair:Improving
Act of 1998("TIFIA")program,a Federal Discretionary Grants.Portions of the$25 the condition of existing transportation
credit assistance program,if it would million may be transferred for these facilities and systems,with particular
further the purposes of the TIGER II purposes to the Administrators of the emphasis on projects that minimize life-
Discretionary Grant program.DOT is Federal Highway Administration,the cycle costs.
30464 Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices
(ii)Economic Competitiveness: criteria with the most relevant outcomes(such as time savings and
Contributing to the economic information that applicants can provide, operating cost savings)translate into
competitiveness of the United States regardless of whether such information long-term economic productivity
over the medium-to long-term. has been specifically requested,or benefits.These long-term economic
(iii)Livability:Fostering livable identified,in this notice.Any such benefits that are provided by the
communities through place-based information shall be considered part of completed project are different from the
policies and investments that increase the application,not supplemental,for near-term economic benefits of
transportation choices and access to purposes of the application size limits construction that are captured in the Job
transportation services for people in specified below in Section IX(D)(Length Creation&Economic Stimulus criterion.
communities across the United States. of Application). In weighing long-term economic
(iv)Environmental Sustainability: competitiveness benefits,applicants
Improving energy efficiency,reducing 1.Primary Selection Criteria should describe how the project
dependence on oil,reducing greenhouse (a)Long-Term Outcomes supports increased long-term efficiency
gas emissions and benefitting the In order to measure a project's and productivity.
environment. alignment with this criterion,DOT will Priority consideration will be given to
(v)Safety:Improving the safety of assess the public benefits generated by projects that:(i)Improve long-term
U.S.transportation facilities and the project,as measured by the extent to efficiency,reliability or cost-
systems. competitiveness in the movement of
which a project produces one or more com P
(b)Job Creation&Economic Stimulus of the following outcomes: workers or goods,or(ii)make
While the TIGER H Discretionary (i) State of Good Repair:In order to improvements that increase the
Grant program is not a Recovery Act determine whether the project will economic productivity of land,capital
program,job creation and economic improve the condition of existing or labor at specific locations,
stimulus remain a top priority of this transportation facilities or systems, particularly Economically Distressed
Administration;therefore,DOT will including whether life-cycle costs will Areas.Applicants may propose other
give priority(as it did for the TIGER be minimized,DOT will assess(i) methods of demonstrating a project's
Discretionary Grant program)to projects Whether the project is part of,or contribution to the economic
that are expected to quickly create and consistent with,relevant State,local or competitiveness of the country and such
preserve jobs and stimulate rapid regional efforts and plans to maintain methods will be reviewed on a case-by-
increases in economic activity, transportation facilities or systems in a case basis.
particularly jobs and activity that state of good repair,(ii)whether an Economic competitiveness may be
benefit economically distressed areas as important aim of the project is to demonstrated by the project's ability to
defined by section 301 of the Public rehabilitate,reconstruct or upgrade increase the efficiency and effectiveness
Works and Economic Development Act surface transportation assets that,if left of the transportation system through
of 1965,as amended(42 U.S.C.3161) unimproved,threaten future integration or better use of all existing
("Economically Distressed Areas").3 transportation network efficiency, transportation infrastructure(which
mobility of goods or people,or may be evidenced by the project's
2.Secondary Selection Criteria economic growth due to their poor involvement with or benefits to more
(a)Innovation condition,(iii)whether the project is than one mode and/or its compatibility
DOT will give priority to projects that appropriately capitalized up front and with and preferably augmentation of the
use innovative strategies to pursue the uses asset management approaches that capacities of connecting modes and
long-term outcomes outlined above. optimize its long-term cost structure, facilities),but only to the extent that
and(iv)the extent to which a these enhancements lead to the
(b)Partnership sustainable source of revenue is economic benefits that are identified in
DOT will give priority to projects that available for long-term operations and the opening paragraph of this section.
demonstrate strong collaboration among maintenance of the project.The For purposes of demonstrating
a broad range of participants and/or application should include any economic benefits,applicants should
integration of transportation with other quantifiable metrics of the facility or estimate National-level or region-wide
public service efforts. system's current condition and economic benefits on productivity and
performance and,to the extent possible, production,and should net out those
B.Additional Guidance on Selection projected condition and performance, benefits most likely to result in transfers
Criteria with an explanation of how the project of economic activity from one localized
The following additional guidance will improve the facility or system's area to another.Therefore,in estimating
explains how DOT will evaluate each of condition,performance and/or long- local and regional benefits,applicants
the selection criteria identified above in term cost structure,including should consider net increases in
Section II(A)(Selection Criteria). calculations of avoided operations and economic productivity and benefits,and
Applicants are encouraged to maintenance costs and associated should take care not to include
demonstrate the responsiveness of a delays. economic benefits that are being shifted
project to any and all of the selection (ii)Economic Competitiveness:In from one location in the United States
order to determine whether a project to another location.Highly localized
3 While Economically Distressed Areas are promotes the economic competitiveness benefits will receive the most
typically identified under the Public Works and of the United States,DOT will assess consideration under circumstances
Economic Development Act at the county level,for whether the project will measurably where such benefits are most likely to
the purposes of this program DOT will consider
regions,municipalities,smaller areas within larger contribute over the long term to growth improve an Economically Distressed
communities,or other geographic areas to be in the productivity of the American Area(as defined herein)or otherwise
Economically Distressed Areas if an applicant can economy.For purposes of aligning a improve access to more productive
demonstrate that any such area otherwise meets the project with this outcome,applicants employment opportunities for under-
requirements of an Economically Distressed Area as
defined in section 301 of the Public Works and should provide evidence of how employed and disadvantaged
Economic Development Act of 1965. improvements in transportation populations.
Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices 30465
Finally,the TIGER II program strives existing assets,or reducing congestion number,rate and consequences of
to promote long-term economic growth on existing modal assets; surface transportation-related crashes,
in a manner that will be sustainable for (3)will improve accessibility and and injuries and fatalities among drivers
generations to come.Therefore,for transport services for economically and/or non-drivers in the United States
projects designed to enhance economic disadvantaged populations,non-drivers, or in the affected metropolitan area or
competitiveness,applicants should also senior citizens,and persons with region,and/or the project's contribution
provide evidence that the project will disabilities,or will make goods, to the elimination of highway/rail grade
achieve the goals of this outcome in an commodities,and services more readily crossings,the protection of pipelines,or
environmentally sustainable manner.To available to these groups;and/or the prevention of unintended release of
satisfy this condition,applicants should (4)is the result of a planning process hazardous materials.
reference the fourth criterion in this which coordinated transportation and Evaluation of Expected Project Costs
Section II(B)"Environmental land-use planning decisions and and Benefits:DOT believes that benefit-
Sustainability"for more information on encouraged community participation in cost analysis("BCA"),including the
what features promote sustainable the process. monetization and discounting of costs
growth and be sure to address the extent Livability improvements may include and benefits in a common unit of
to which sustainability features are projects for new or improved biking and measurement in present-day dollars,is
incorporated into the proposed project's walking infrastructure.Particular an important discipline.For BCA to
economic impact. attention will be paid to the degree to yield useful results,full consideration of
(iii)Livability:Livability investments which such projects contribute costs and benefits is necessary.These
are projects that not only deliver significantly to broader traveler mobility include maditio traditionally quantified
reductions
transportation benefits,but are also through intermodal connections, g
designed and planned in such a way enhanced job commuting options,or in greenhouse gas emissions,water
that they have a positive impact on improved connections between quality impacts,public health effects,
qualitative measures of community life. residential and commercial areas. and other costs and benefits that are
This element of long-term outcomes Projects that appear designed primarily more indirectly related to vehicle miles
delivers benefits that are inherently as isolated recreational facilities and do or that are harder to measure.In
difficult to measure.However,it is not enhance traveler mobility as addition,BCA should attempt to
implicit to livability that its benefits are described above will not be funded. measure the indirect effects of
shared and therefore magnified by the (iv)Environmental Sustain ability:In transportation investments on land use
number of potential users in the affected order to determine whether a project and on the portions of household
community.Therefore,descriptions of promotes a more environmentally budgets spent on transportation.The
how projects enhance livability should sustainable transportation system,DOT systematic process of comparing
include a description of the affected will assess the project's ability to: expected benefits and costs helps
community and the scale of the project's decision-makers organize information
y p 1 (1)Improve energy efficiency,reduce about,and evaluate trade-offs between,
impact as measured in person-miles dependence on oil and/or reduce alternative transportation investments.
traveled or number of trips affected.In greenhouse gas emissions;applicants DOT has a responsibility under
order to determine whether a project are encouraged to provide quantitative Executive Order 12893,Principles for
improves the quality of the living and information regarding expected Federal Infrastructure Investments,59
working environment of a community, reductions in emissions of CO2 or fuel FR 4233,to base infrastructure
DOT will consider whether the project consumption as a result of the project, investments on systematic analysis of
furthers the six livability principles or expected use of clean or alternative expected benefits and costs,including
developed by DOT with HUD and EPA sources of energy;projects that both quantitative and qualitative
as part of the Partnership for demonstrate a projected decrease in the measures.
Sustainable Communities,which are movement of people or goods by less Therefore,applicants for TIGER II
listed fully at http://www.dot.gov/ energy-efficient vehicles or systems will Discretionary Grants are generally
affairs/2009/dot8009.htm.For this be given priority under this factor;and required to identify,quantify,and
criterion,the Department will give (2)maintain,protect or enhance the compare expected benefits and costs,
particular consideration to the first environment,as evidenced by its subject to the following qualifications:
principle,which prioritizes the creation avoidance of adverse environmental All applicants will be expected to
of affordable and convenient impacts(for example,adverse impacts prepare an analysis of benefits and
transportation choices.4 Specifically, related to air or water quality,wetlands, costs;however,DOT understands that
DOT will qualitatively assess whether and endangered species)and/or by its the level of expense that can be
the project: environmental benefits(for example, expected in these analyses for surveys,
(1)Will significantly enhance or improved air quality,wetlands creation travel demand forecasts,market
reduce the average cost of user mobility or improved habitat connectivity). forecasts,statistical analyses,and so on
through the creation of more convenient Applicants are encouraged to provide will be less for smaller projects than for
transportation options for travelers; quantitative information that validates larger projects.Smaller projects will
(2)will improve existing the existence of substantial therefore be given greater latitude to
transportation choices by enhancing transportation-related costs related to estimate benefits subjectively.However,
points of modal connectivity,increasing energy consumption and adverse even smaller projects will be expected
the number of modes accommodated on environmental effects and evidence of to quantify these subjective estimates of
the extent to which the project will benefits and costs,and to provide
41n full,this principle reads:"Provide more reduce or mitigate those costs. whatever evidence they have available
transportation choices.Develop safe,reliable and to lend credence to their subjective
economical transportation choices to decrease (v)Safety estimates.Estimates of benefits should
household transportation costs,reduce our nation's In order to determine whether the be presented in monetary terms
dependence on foreign oil,improve air quality, P y
reduce greenhouse gas emissions and promote project improves safety,DOT will assess whenever possible;if a monetary
public health." the project's ability to reduce the estimate is not possible,then at least a
30466 Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices
quantitative estimate(in physical,non- analysis,or poor applicant effort to put Consistent with the Recovery Act,the
monetary terms,such as ridership forth a robust quantification of benefits Updated Implementing Guidance for the
estimates,emissions levels,etc.)should and costs,the application is unlikely to American Recovery and Reinvestment
be provided. receive further consideration.In general, Act of 2009 issued by the Office of
The requirement to conduct an the lack of a useful analysis comparing Management and Budget("OMB")on
economic analysis is not applicable to benefits and costs for any such project April 3,2009(the"OMB Guidance"),
applicants seeking TIGER II Planning is ground for denying the award of a and consistent with applicable Federal
Grants;however,such applicants TIGER II Discretionary Grant. laws,applicants are encouraged to
should describe the expected benefits of Evaluation of Project Performance: provide information to assist DOT in
the underlying project(s)that the Each project selected for TIGER II assessing(1)Whether the project will
planning activities will help advance. Discretionary Grant funding will be promote the creation of job
The lack of a useful analysis of required to work with DOT on the opportunities for low-income workers
expected project benefits and costs may development and implementation of a through the use of best practice hiring
be the basis for denying an award of a plan to collect information and report programs and utilization of
TIGER II Discretionary Grant to an on the project's performance with apprenticeship(including pre-
applicant.If it is clear to DOT that the respect to the relevant long-term apprenticeship)programs;(2)whether
total benefits of a project are not outcomes that are expected to be the project will provide maximum
reasonably likely to outweigh the achieved through construction of the practicable opportunities for small
project's costs,DOT will not award a project. businesses and disadvantaged business
TIGER II Discretionary Grant to the enterprises,including veteran-owned
project.Consistent with the broader (b)Job Creation&Economic Stimulus small businesses and service disabled
goals of DOT and the FY 2010 In order to measure a project's veteran-owned small businesses;(3)
Appropriations Act,DOT can consider alignment with this criterion,DOT will whether the project will make effective
some factors that do not readily lend assess whether the project promotes the use of community-based organizations
themselves to quantification or short-or long-term creation or in connecting disadvantaged workers
monetization,including equitable preservation of jobs and whether the with economic opportunities;(4)
geographic distribution of grant funds project rapidly promotes new or whether the project will support entities
and an appropriate balance in expanded business opportunities during that have a sound track record on labor
addressing the needs of urban and rural construction of the project or thereafter. practices and compliance with Federal
areas and investment in a variety of Demonstration of a project's rapid laws ensuring that American workers
transportation modes. economic impact is critical to a project's are safe and treated fairly;and(5)
Detailed guidance for the preparation alignment with this criterion. whether the project implements best
of benefit-cost analyses is provided in
Applicants are encouraged to provide
Appendix A.Benefits should be pp g P practices,consistent with our Nation's
presented,whenever possible,in a information to assist DOT in making civil rights and equal opportunity laws,
tabular form showing benefits and costs these assessments,including the total for ensuring that all individuals—
in each year for the useful life of the amount of funds that will be expended regardless of race,gender,age,
project.Benefits and costs should both on construction and construction- disability,and national origin—benefit
be discounted to the year 2010 and related activities by all of the entities from TIGER II grant funding.
present discounted values of both the participating in the project and,to the To the extent possible,applicants
stream of benefits and the stream of extent measurable,the number and type should indicate whether the
costs should be calculated.If the project of jobs to be created and/or preserved by populations most likely to benefit from
has multiple parts,each of which has the project by calendar quarters during the creation or preservation of jobs or
independent utility,the benefits and construction and annually thereafter. new or expanded business opportunities
costs of each part should be estimated Applicants should also identify any are from Economically Distressed Areas.
and presented separately.A project business enterprises to be created or In addition,to the extent possible,
benefited by the project during its applicants should indicate whether the
component has independent utility if construction and once it becomes Po project's procurement plan is likely to
the component itself is an Eligible
operational.5 p I p p y
Project and provides benefits that satisfy P create follow-on jobs and economic
the selection criteria specified in this stimulus for manufacturers and
notice,as described further in Section s The Executive Office of the President,Council suppliers that support the construction
of Economic Advisers,issued a memorandum in industry. consideration in
III(B)(Evaluation of Eligibility)below. May 2009 on`Estimates of Job Creation from the y key
The benefit-cost analysis should be American Recovery and Reinvestment Act of 2009." assessing projects under this criterion
summarized in the text of the The memorandum is available at:http:// will be how quickly jobs are created.
application itself,but the details may be ivww.whitehouse.gov/administration/eop/cea/ In evaluating a project's alignment
Estimate-of-Job-Creation/.Table 5 of this
presented in an attachment to the memorandum provides a simple rule for estimating with this criterion,DOT will assess
application. job-years created by government spending,which is whether a project is ready to proceed
DOT recognizes that some categories that$92,000 of government spending creates one rapidly upon receipt of a TIGER II
of costs and benefits are more difficult job-year.Of this,64%of the job-year estimate Discretionary Grant,as evidenced by:
represents direct and indirect effects and 36%of
to quantify or monetize than others.In the job-year estimate represents induced effects.
presenting benefit-cost analyses, Applicants can use this estimate as an appropriate have a more favorable impact on economic
applicants should include qualitative indicator of direct,indirect and induced job-years recovery.A quarter-by-quarter projection of the
discussion of the categories of benefits created by TIGER II Discretionary Grant spending, number of direct job-hours expected to b created
but are encouraged to supplement or modify this by the project is useful in assessing the impacts of
and costs that they were not able to estimate to the extent they can demonstrate that a project on economic recovery.Furthermore,
quantify,noting that these benefits and such modifications are justified.However,since the applicants should be aware that certain types of
costs are in addition to other benefits May 2009 memorandum makes job creation purely expenditures are less likely to align well with the
and costs that were quantified. a function of the level of expenditure,applicants Job Creation&Economic Stimulus criterion.These
should also demonstrate how quickly jobs will be types of expenditures include,among other things,
However,in the event of an created under the proposed project.Projects that engineering or design work and purchasing existing
unreasonable absence of data and generate a given number of jobs more quickly will facilities or right-of-way.
Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices 30467
(i)Project Schedule:A feasible and site link—that describe in detail known financing package(assuming the
sufficiently detailed project schedule potential project impacts,and possible availability of the requested TIGER II
demonstrating that the project can begin mitigation for those impacts; Discretionary Grant funds),including
construction quickly upon receipt of a c.A description of completed,or evidence of stable and reliable financial
TIGER II Discretionary Grant and that planned and anticipated coordination commitments and contingency reserves,
the grant funds will be spent steadily with Federal and State regulatory as appropriate,and evidence of the
and expeditiously once construction agencies for permits and approvals; grant recipient's ability to manage
starts;the schedule should show how d.An estimate of the time required for grants.
many direct,on-project jobs are completion of NEPA and all other DOT reserves the right to revoke any
expected to be created or sustained required Federal,State or local award of TIGER II Discretionary Grant
during each calendar quarter after the environmental approvals;and funds and to award such funds to
project is underway; e.An identification of the proposed another project to the extent that such
(ii)Environmental Approvals:Receipt NEPA class of action(i.e.,Categorical funds are not timely expended and/or
(or reasonably anticipated receipt)of all Exclusion,Environmental Assessment, construction does not begin in
environmental approvals necessary for or Environmental Impact Statement). accordance with the project schedule.
the project to proceed to construction on (iii)Legislative Approvals:Receipt of Because projects have different
the timeline specified in the project all necessary legislative approvals(for schedules DOT will consider on a case-
schedule,including satisfaction of all example,legislative authority to charge by-case basis how much time after
Federal,State and local requirements user fees or set toll rates),and evidence selection for award of a TIGER II
and completion of the National of support from State and local elected
Environmental Policy Act("NEPA") officials;evidence of support from all
Discretionary Grant each project has
relevant State and local officials is not
before funds s must be obligated
process; (consistent with law)and construction
To demonstrate satisfaction of this required,however,the evidence should started.This deadline will be specified
requirement,applicants should provide demonstrate that the project is broadly for each TIGER II Discretionary Grant in
assurances with their pre-applications supported;
that NEPA review is complete or (iv) State and Local Planning:The the project-specific grant agreements
inclusion of the project in the relevant signed by the grant recipients and will
substantially complete and submit p j
relevant draft or final NEPA State,metropolitan,and local planning be based on critical path items
documents,or a certification from the identified by applicants in response to
documentation—preferably by way of a items(i)through(vi)above.For
Web site link—for DOT review.DOT is appropriate agency that the project will g
unlikely to select a project for TIGER II be included in the relevant planning example,if an applicant reasonably
document prior to award of a TIGER II anticipates that NEPA requirements will
Discretionary Grant funding if it p be completed and final documentation
s
involves significant environmental Discretionary Grant 6;any MPO that is received within 30 to 60 days of award
impacts and has not substantially applying for a TIGER II Discretionary Y
completed required environmental and Grant should provide evidence that the of a TIGER II Discretionary Grant,this
regulatory reviews. owner of the project supports the timefr ame will be taken into account in
DOT will consider exceptions to the application and will cooperate in evaluating the application,but also in
requirement that NEPA be substantially carrying out the activities to be establishing a deadline for obligation of
complete upon application on a case-by- supported by the TIGER II Discretionary funds and commencement of
case basis.An applicant must provide a Grant; construction.DOT's ability to obligate
reasonable justification for why NEPA (v) Technical Feasibility:The funds for TIGER II Discretionary Grants
review was not initiated with a Federal technical feasibility of the project, expires on September 30,2012.
agency prior to the date of this notice, including completion of substantial 2. Secondary Selection Criteria
and an assurance that the necessary preliminary engineering work;and
environmental reviews can be (vi)Financial Feasibility:The viability (a)Innovation
completed at least 90 days in advance and completeness of the project's In order to measure a project's
of the September 30,2012,deadline for alignment with this criterion,DOT will
obligation of TIGER II Discretionary 6A11 regionally significant projects requiring an assess the extent to which the project
action by the FHWA or the FTA must be in the uses innovative technology funds.An example of a reasonable metropolitan transportation plan,TIP and STIP. gy(mcludin g,
justification for why an applicant has Further,in air quality non-attainment and for example,intelligent transportation
not initiated NEPA review would be if, maintenance areas,all regionally significant systems,dynamic pricing,rail wayside
rior to the availabilit of TIGER II projects,regardless of the funding source,must be or on-board energy recovery,smart
P Y included in the conforming metropolitan dispatching,real-time dis active
Discretionary Grant funds,there was no transportation plan and TIP.To the extent a project P g
reasonable expectation of receiving is required to be on a metropolitan transportation traffic management,radio frequency
Federal funding for the project.A plan,TIP and/or STIP it will not receive a TIGER identification(RFID),or others)to
H Discretionary Grant until it is included in such
project may be selected for award but plans.Projects not currently included in these plans pursue one or more of the long-term
will not receive award grant monies can be amended in by the State and MPO.Projects outcomes outlined above and/or to
until NEPA is complete and all other that are not required to be in long range significantly enhance the operational
transportation plans,STIPs and TIPS will not need performance of the transportation environmental approvals have to be included in such plans in order to receive a p portation
been received. TIGER II Discretionary Grant.Freight and passenger system.DOT will also assess the extent
An applicant seeking to justify an rail projects are not required to be on the State Rail to which the project incorporates
exception to this requirement should Plans called for in the Passenger Rail Investment innovations that demonstrate the value
submit the information listed below and Improvement Act of 2008.This is consistent of new approaches to,among other
with the exemption for high speed and intercity
with its application: passenger rail projects under the Recovery Act. things,transportation funding and
a.The information required under However,applicants seeking funding for freight and finance,contracting,project delivery,
Sections VIII(C)(2)(V)and VIII(F)–(G) passenger rail projects are encouraged to congestion management,safety
(Contents of Applications)of this notice; demonstrate that they have done sufficient planning management,asset management,or
b.Environmental studies or other to ensure that projects fit into a prioritized list of
capital needs and are consistent with long-range long-term operations and maintenance.
documents—preferably by way of a Web goals. The applicant should clearly
30468 Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices
demonstrate that the innovation is jurisdictions to assist DOT in making To the extent the pre-application
designed to pursue one or more of the the distributional determinations evaluation team determines that a pre-
long-term outcomes outlined above and/ described below in Section III(C) application does not satisfy these key
or significantly enhance the (Distribution of Funds). threshold requirements,DOT will
transportation system. (ii)Disciplinary Integration:In order inform the project sponsor that an
Innovative,multi-modal projects are to demonstrate the value of partnerships application for the project will not be
often difficult to fund under traditional across government agencies that serve reviewed unless the application
transportation programs.DOT will various public service missions and to submitted on or prior to the Application
consider the extent to which innovative promote collaboration on the objectives Deadline can demonstrate that the
projects might be difficult to fund under outlined in this notice,DOT will give requirement has been addressed.
other programs and will give priority to priority to projects that are supported, DOT will establish application
projects that align well with the Primary financially or otherwise,by non- evaluation teams to review each
Selection Criteria but are unlikely to transportation public agencies that are application that is received by DOT
receive funding under traditional pursuing similar objectives.For prior to the Application Deadline.These
programs. example,DOT will give priority to evaluation teams will be organized and
(b)Partnership transportation projects that create more led by the Office of the Secretary and
(i)Jurisdictional&Stakeholder livable communities and are supported
will include members from each of the
by relevant public housing agencies or Cognizant Modal Administrations.
b
Collaboration:In order to measure a are consistent with State or local efforts These representatives will include
project's alignment with this criterion, technical and professional staff with
DOT will assess the project's or plans to promote economic
P J relevant experience and/or expertise.
involvement of non-Federal entities and development,revitalize communities,or The evaluation teams will be
the use of non-Federal funds,including protect historic or cultural assets; responsible for evaluating and rating all
the scope of involvement and share of similarly,DOT will give priority to of the projects and making funding
total funding.DOT will give priority to transportation projects that encourage
recommendations to the Secretary.The
that receive financial energy efficiency or improve the
projects environment and are supported b evaluation process will require team
commitments from,or otherwise PP Y members to evaluate and rate
involve,State and local governments, relevant public agencies with energy or applications individually before
other public entities,or private or environmental missions. convening with other members to
nonprofit entities,including projects III.Evaluation and Selection Process discuss ratings.The composition of the
that engage parties that are not evaluation teams will be finalized after
traditionally involved in transportation A.Evaluation Process the Pre Application Deadline,based on
projects,such as nonprofit community TIGER II Discretionary Grant the number and nature of pre-
groups.Pursuant to the OMB Guidance, applications will be evaluated in applications received.
DOT will give priority to projects that accordance with the below discussed DOT will not assign specific
make effective use of community-based evaluation process.DOT will establish a numerical scores to projects based on
organizations in connecting pre application evaluation team to the selection criteria outlined above in
disadvantaged people with economic review each pre application that is Section II(A)(Selection Criteria).Rather,
opportunities. received by DOT on or prior to the Pre- ratings of"highly recommended,"
In compliance with the FY 2010 Application Deadline.This evaluation "recommended,""not recommended",or
Appropriations Act,DOT will give "negative"will be assigned to projects
priority to projects for which a TIGER H team will be organized and led by the g g P l
P Y P J Office of the Secretary and will include for each of the selection criteria.DOT
Discretionary Grant will help to members from the relevant modal will award TIGER II Discretionary
complete an overall financing package. administrations in DOT with the most Grants to projects that are well-aligned
An applicant should clearly experience and/or expertise in the with one or more of the selection
demonstrate the extent to which the relevant project areas(the"Cognizant criteria,with projects that are well-
project cannot be readily and efficiently Modal Administrations").These aligned with multiple selection criteria
completed without Federal assistance, representatives will include technical being more likely to receive TIGER II
and the extent to which other sources of and professional staff with relevant Discretionary Grants.In addition,DOT
Federal assistance are or are not readily experience and/or expertise.This will consider whether a project has a
available for the project.DOT will evaluation team will be responsible for negative effect on any of the selection
assess the amount of private debt and analyzing whether the pre application criteria,and any such negative effect
equity to be invested in the project or may reduce the likelihood that the
satisfies the following key threshold
the amount of co-investment from State, requirements: project will receive a TIGER II
local or other non-profit sources. 1.The project is an Eligible Project or Discretionary Grant.To the extent the
DOT will also assess the extent to P 1 g J initial evaluation process does not
which the project demonstrates a DOT Eligible Planning Activity; sufficiently differentiate among highly
collaboration among neighboring or 2.NEPA is substantially complete,as rated projects,DOT will use a similar
regional jurisdictions to achieve described above in Section II(B)(2)(b)(ii) rating process to re-assess the projects
National,regional or metropolitan (Environmental Approvals);and that were highly rated and identify
benefits.Multiple States or jurisdictions 3.Local matching funds to support 20 those that should be most highly rated.
may submit a joint application and percent or more of the costs for the DOT will give more weight to the two
should identify a lead State or project are identified and committed; Primary Selection Criteria(Long-Term
jurisdiction as the primary point of this requirement is not applicable to Outcomes and Job Creation&Economic
contact.Where multiple States or projects located in rural areas,however, Stimulus),which will be rated equally,
jurisdictions are submitting a joint applications for projects in rural areas than to the two Secondary Selection
application,the application should will be more competitive to the extent Criteria(Innovation and Partnership).
demonstrate how the project costs are they include non-Federal financial Projects that are unable to demonstrate
apportioned between the States or contributions. a likelihood of significant long-term
Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices 30469
benefits in any of the five long-term to demonstrate significant merits in Feasibility,and Financial Feasibility),is
outcomes identified in Section other long-term outcomes in order to be less likely to be successful in this
II(A)(1)(a)(Long-Term Outcomes)will selected for funding. criterion.
not proceed in the evaluation process.A For the Job Creation&Economic DOT will give less weight to the two
project need not be well aligned with Stimulus criterion,projects need not Secondary Selection Criteria
each of the long-term outcomes in order receive a rating of"highly (Innovation and Partnership)than to the
to be successful in the long-term recommended"in order to be two Primary Selection Criteria(Long-
outcomes criterion overall.However, recommended for funding,although a Term Outcomes and Job Creation&
projects that are strongly aligned with project that is not ready to proceed Economic Stimulus).The two
multiple long-term outcomes will be the quickly,as evidenced by the items Secondary Selection Criteria will be
most successful in this criterion. requested in Section II(B)(1)(b)(i)—(vi) rated equally.
Furthermore,a project that has a (Project Schedule,Environmental The following table summarizes the
negative effect on safety or Approvals,Legislative Approvals,State weighting of the selection criteria,as
environmental sustainability will need and Local Planning, Technical described in the preceding paragraphs:
Long-Term Outcomes DOT will give more weight to this criterion than to either of the Secondary Selection Criteria. In addi-
tion,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.
Job Creation&Economic Stimulus DOT will give more weight to this criterion than to either of the Secondary Selection Criteria.This cri-
terion will be considered after it is determined that a project demonstrates a likelihood of signifi-
cant long-term benefits in at least one of the five long-term outcomes identified in the long-term
outcomes criterion.
Innovation&Partnership DOT will give less weight to these criteria than to the Primary Selection Criteria. These criteria will
be rated equally.
As noted below in Section III(C) larger project or a group of related analyze the preliminary list and
(Distribution of Funds),upon projects,DOT reserves the right to determine whether the purely
completion of this competitive rating award funds for a part of the project,not competitive ratings are consistent with
process DOT will analyze the the full project,if a part of the project the distributional requirements of the
preliminary list and determine whether has independent utility and aligns well FY 2010 Appropriations Act.If
the purely competitive ratings are with the selection criteria specified in necessary,DOT will adjust the list of
consistent with the distributional this notice.To the extent applicants recommended projects to satisfy the
requirements of the FY 2010 expect that DOT may wish to consider statutory distributional requirements
Appropriations Act.If necessary,DOT funding one or more parts of a project while remaining as consistent as
will adjust the list of recommended and not the full project that is the possible with the competitive ratings.
projects to satisfy the statutory subject of the application,then As noted above in Section
distributional requirements while applicants should clearly identify in II(B)(2)(b)(i)(Jurisdictional&
remaining as consistent as possible with their applications the separate parts of Stakeholder Collaboration),applications
the competitive ratings. the project and the benefits that each submitted jointly by multiple States
B.Evaluation of Eligibility part of the project provides,and how should include an allocation of project
these benefits align with the selection costs to assist DOT in making these
To be selected for a TIGER II criteria.Similarly,if a project is not determinations.In addition,DOT will
Discretionary Grant,a project must be viable unless DOT funds the full project, use the subsidy and administrative cost
an Eligible Project and the applicant this should be stated in the application. estimate,not the principal amount of
must be an Eligible Applicant.DOT may C.Distribution of Funds credit assistance,to determine any
consider one or more components of a TIGER II TIFIA Payment's effect on
large project to be an Eligible Project, As noted above in Section I these distributional requirements.
but only to the extent that the (Background),the FY 2010
components have independent utility, Appropriations Act prohibits the award D. Transparency of Process
meaning the components themselves, of more than 25 percent of the funds In the interest of transparency,DOT
not the project of which they are a part, made available under the TIGER II will disclose as much of the information
are Eligible Projects and satisfy the program to projects in any one State. related to its evaluation process as is
selection criteria identified above in The FY 2010 Appropriations Act also practical and consistent with law.DOT
Section 11(A)(Selection Criteria).For requires that DOT take measures to expects that the TIGER II Discretionary
these projects,the benefits described in ensure an equitable geographic Grant program may be reviewed and/or
an application must be related to the distribution of funds,an appropriate audited by Congress,the U.S.
components of the project for which balance in addressing the needs of Government Accountability Office,
funding is requested,not the full project urban and rural areas,and the DOT's Inspector General,or others,and
of which they are a part.DOT will not investment in a variety of transportation has and will continue to take steps to
fund individual phases of a project if modes.DOT will apply an initial document its decision-making process.
the benefits of completing only these unconstrained competitive rating Grant Administration
W.phases would not align well with the process based on the selection criteria
selection criteria specified in the Notice identified above in Section II(A) DOT expects that each TIGER II
because the overall project would still (Selection Criteria)to determine a Discretionary Grant will be
be incomplete. preliminary list of projects administered by one of the Cognizant
To the extent an applicant requests a recommended for TIGER II Modal Administration,pursuant to a
substantial amount of grant funds for a Discretionary Grants.DOT will then grant agreement between the TIGER II
30470 Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices
Discretionary Grant recipient and the applicants for TIGER II Discretionary TIFIA may be a viable option for the
Cognizant Modal Administration.In Grants in excess of$10 million. project,applicants should provide a
accordance with the FY 2010 brief description of a project finance
Appropriations Act,the Secretary has VI.TIGER II TIFIA Payments plan that includes TIFIA credit
the discretion to delegate such Up to$150 million of the$600 assistance and identifies a source of
responsibilities. million available for TIGER II revenue which may be available to
Applicable Federal laws,rules and Discretionary Grants may be used for support the TIFIA credit assistance.
regulations will apply to projects that TIGER II TIFIA Payments.Based on the Unless otherwise expressly noted
receive TIGER II Discretionary Grants. average subsidy cost of the existing herein,any and all requirements that
As noted above in Section II(B)(1)(b) TIFIA portfolio,$150 million in TIGER apply to TIGER II Discretionary Grants
(Job Creation&Economic Stimulus), II TIFIA Payments could support pursuant to the FY 2010 Appropriations
how soon after selection for award a approximately$1.5 billion in Federal Act,this notice,or otherwise,apply to
project is expected to obligate grant credit assistance. TIGER II TIFIA Payments.TIFIA
funds and start construction will be Applicants seeking TIGER II TIFIA applicants that do not receive TIGER II
considered on a case-by-case basis and Payments should apply in accordance TIFIA Payments will not be required to
will be specified in the project-specific with all of the criteria and guidance comply with any of these requirements.
grant agreements.DOT reserves the right specified in this notice for TIGER II
to revoke any award of TIGER II Discretionary Grant applications and VII.TIGER II Planning Grants
Discretionary Grant funds and to award will be evaluated concurrently with all The FY 2010 Appropriations Act
such funds to another project to the other applicants.Any applicant seeking permits DOT to use up to$35 million
extent that such funds are not timely a TIGER II TIFIA Payment is also of the amount available for TIGER II
expended and/or construction does not required to submit a TIFIA letter of Discretionary Grants for TIGER II
begin in accordance with the project interest concurrent with the TIGER II Planning Grants.
schedule.DOT's ability to obligate TIFIA Payment application.If selected As noted above in the SUPPLEMENTARY
funds for TIGER II Discretionary Grants for a TIGER II TIFIA Payment,the INFORMATION section,DOT plans to
expires on September 30,2012. applicant must comply with all of the conduct a multi-agency evaluation and
TIFIA program's standard application award process with HUD for DOT's
V.Projects in Rural Areas and approval requirements including TIGER II Planning Grants and HUD's
The FY 2010 Appropriations Act submission of a complete TIFIA Community Challenge Planning Grants,
directs that not less than$140 million application and$50,000 application fee which were also authorized under the
of the funds provided for TIGER II (the TIFIA program guide can be FY 2010 Appropriations Act.This
Discretionary Grants are to be used for downloaded from http:// approach is consistent with DOT and
projects in rural areas.For purposes of tifia.fhwa.dot.gov/). HUD's participation in the"Partnership
this notice,DOT is generally defining Applicants should demonstrate that for Sustainable Communities"with EPA
"rural area"as any area not in an they are ready to proceed rapidly upon to help American families in all
Urbanized Area,as such term is defined receipt of a TIGER II TIFIA Payment in communities—rural,suburban and
by the Census Bureau,'and will accordance with the guidance specified urban—gain better access to affordable
consider a project to be in a rural area above in Section II(B)(1)(b) (Job Creation housing,more transportation options,
if all or the majority of a project is &Economic Stimulus).DOT's TIFIA lower transportation costs,and a cleaner
located in a rural area.To the extent Joint Program Office will assist DOT in environment.The details of this multi-
more than a de minimis portion of a determining a project's readiness to agency planning grant program,
project is located in an Urbanized Area, proceed rapidly upon receipt of a TIGER including information about eligibility,
applicants should identify the estimated II TIFIA Payment. selection criteria,and pre-application
percentage of project costs that will be Applicants seeking TIGER II TIFIA and application requirements,are
spent in Urbanized Areas and the Payments may also apply for a TIGER II described in a joint notice of funding
estimated percentage that will be spent Discretionary Grant for the same project availability to be published in the
in rural areas. and must indicate the type(s)of funding Federal Register by DOT and HUD.The
For projects located in rural areas the for which they are applying clearly on joint notice will be published shortly
FY 2010 Appropriation Act does not the face of their applications.An after this notice and signed by the
require matching funds(although the applicant for a TIGER II TIFIA Payment Secretaries of each agency.Interested
statute does direct DOT to give priority must submit an application pursuant to parties are encouraged to review the
to projects,including projects located in this notice for a TIGER II TIFIA Payment joint notice for more information.
rural areas,for which Federal funding is even if it does not wish to apply for a TIGER II Planning Grants may be
required to complete an overall TIGER II Discretionary Grant. awarded,like TIGER II Discretionary
financing package that includes non- DOT reserves the right to offer a Grants,to Eligible Applicants,and may
Federal sources of funds)and the TIGER II TIFIA Payment to an applicant be used for activities related to the
minimum grant size is$1 million. that applied for a TIGER II Discretionary planning,preparation or design of
Applicants for TIGER II Discretionary Grant even if DOT does not choose to Eligible Projects,including
Grants of between$1 million and$10 fund the requested TIGER II transportation corridors or regional
million for projects located in rural Discretionary Grant request and the transportation systems("DOT Eligible
areas are encouraged to apply and applicant did not request a TIGER II Planning Activities").
should address the same criteria as TIFIA Payment.Therefore,applicants Applicants need not divide requests
for TIGER II Discretionary Grants, for planning and capital funding for the
7For Census 2000,the Census Bureau defined an particularly applicants that require a same projects and submit two
Urbanized Area(UA)as an area that consists of substantial amount of funds to complete applications,one under this notice and
densely settled territory that contains 50,000 or a financing package,should indicate one under the joint notice with HUD.
more people.Updated lists of UAs are available on whether or not they have considered Applicants may request planning funds
the Census Bureau Web site.Urban Clusters(UCs)
will be considered rural areas for purposes of the applying for a TIGER II TIFIA Payment. as part of an application for capital
TIGER II Discretionary Grant program. To the extent an applicant thinks that funds under this notice,if the request
Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices 30471
for planning and capital funding is for usually takes 2-4 weeks and must be please do not describe the project's
the same project. Such an application completed before an application can be benefits,background,or alignment with
would be reviewed and administered submitted.If interested parties the selection criteria in this
subject to the information and experience difficulties at any point description);
requirements provided in this notice. during the registration or application xi.Total cost of the project;
DOT reserves the right to offer a process,please call the Grants.gov xii.Total amount of TIGER II
TIGER II Planning Grant to an applicant Customer Support Hotline at 1-800— Discretionary Grant funds requested;
that applied for a TIGER II Discretionary 518-4726,Monday—Friday from 7 a.m. xiii.Contact name,phone number,e-
Grant even if DOT does not choose to to 9 p.m.EST.Additional information mail address,and physical address for
fund the requested TIGER II on applying through Grants.gov is applicant;
Discretionary Grant request and the available in Appendix B,attached xiv.Congressional districts affected
applicant did not request a TIGER II hereto. by the project;
Planning Grant. xv.Type of jurisdiction where the
B.Contents of Pre-Applications project is located(urban or rural,as
Pre-Application and Application Cycle An applicant for a TIGER II defined above in Section V(Projects in
VIII.Pre-Application and Application Discretionary Grant should provide all Rural Areas));
Cycle of the information requested below in xvi.Whether or not the project is in
its pre-application form.DOT reserves an Economically Distressed Area,as
A. Two Stages of Application Cycle the right to ask any applicant to defined in Section II(A) (Selection
The application cycle for TIGER II supplement the data in its pre- Criteria);
Discretionary Grants has two stages: application,but expects pre- xvii.An assurance that the NEPA
1.Pre-Application:In Stage 1, applications to be complete upon process is complete or substantially
applicants must submit a pre- submission.Applicants must complete complete,unless an exception is
application form to the DOT.This step the pre-application form and send it to justified pursuant to Section
qualifies applicants to submit an DOT electronically on or prior to the II(B)(1)(b)(ii) (Environmental
application in Stage 2.No application Pre-Application Deadline,in accordance Approvals);absent an acceptable
submitted during Stage 2 that does not with the instructions specified at http:// justification,DOT will not evaluate
correlate with a properly completed www,dot.gov/recovery/ost/TIGERIL The applications for projects that have not
Stage 1 pre-application will be pre-application form must include the made substantial progress in the
considered. following information: environmental review process,
2.Application:In Stage 2,applicants i.Name of applicant(if the including all Federal,State,and local
must submit a complete application application is to be submitted by more environmental requirements,by the Pre-
package through Grants.gov. than one entity,a lead applicant must Application Deadline;applicants for
Pre-applications must be submitted to be identified); TIGER II Planning Grants do not need to
DOT by the Pre-Application Deadline, ii.Applicant's DUNS(Data Universal demonstrate that the NEPA process has
which is July 16,2010,at 5 p.m.EST. Numbering System)number; been initiated;and
Final applications must be submitted iii.Type of applicant(State xviii.An assurance that local
through Grants.gov by the Application government,local government,U.S. matching funds to support 20 percent or
Deadline,which is August 23,2010,at territory,Tribal government,transit more of the costs of the project are
5 p.m.EST.The Grants.gov"Apply" agency,port authority,metropolitan identified and committed(as noted in
function will open on July 30, 2010, planning organization,or other unit of Section I(Background),this
allowing applicants to submit government); requirement is waived for projects
applications.While applicants are iv.State(s)where the project is located in rural areas(as defined above
encouraged to submit pre-applications located; in Section V(Projects in Rural Areas)),
in advance of the Pre-Application v.County(s)where the project is and these projects do not need to
Deadline,pre-applications will not be located; provide this assurance).
reviewed until after the Pre-Application vi.City(s)where the project is located; To the extent the pre-application does
Deadline. Similarly,while applicants vii.Project title(descriptive); not provide adequate assurances for
are encouraged to submit applications viii.Project type:highway,transit, items xvii or xviii,DOT will inform the
in advance of the Application Deadline, rail,port,multimodal,bicycle and project sponsor that an application for
applications will not be evaluated,and pedestrian,or planning activity(if the the project will not be reviewed unless
selections for awards will not be made, project is a multimodal project,the pre- the application submitted on or prior to
until after the Application Deadline. application form will require that the Application Deadline can
Pre-applications(stage 1)must be applicants provide additional demonstrate that the requirement has
submitted to the DOT.The pre- information identifying the affected been addressed.
application form will be available on the modes);
DOT Web site at http://www.dot.gov/ ix.Whether the project is requesting C. Contents of Applications
recovery/ost/TIGERII on June 23,2010, a TIGER II TIFIA Payment; An applicant for a TIGER II
together with instructions for submitting x.Project description(describe the Discretionary Grant should include all
the pre-application form electronically project in plain English terms that of the information requested below in
to DOT. would be generally understood by the its application.DOT reserves the right to
Applications(Stage 2)must be public,using no more than 50 words ask any applicant to supplement the
submitted through Grants.gov.To apply (e.g."the project will replace the data in its application,but expects
for funding through Grants.gov, existing bridge over the W river on applications to be complete upon
applicants must be properly registered. interstate-X between the cities of Y and submission.To the extent practical,
Complete instructions on how to Z"or"the TIGER II Planning Grant will DOT encourages applicants to provide
register and submit applications can be fund planning activities for streetcar data and evidence of project merits in a
found at http://www.grants.gov.Please service from location X to location Y"; form that is publicly available or
be aware that the registration process verifiable.For TIGER II TIFIA Payments,
30472 Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices
these requirements apply only to the project and geospatial data for the certification,signed by the applicant,
applications required under this notice; project,including a map of the project's stating that it will comply with the
the standard TIFIA letter of interest and location and its connections to existing requirements of subchapter IV of
loan application requirements, transportation infrastructure.An chapter 31 of title 40,United States
including the standard$30,000.00 application should also include a Code(Federal wage rate requirements),
application fee,are separately described description of how the project addresses as required by the FY 2010
in the Program Guide and Application the needs of an urban and/or rural area. Appropriations Act);and
Form found at http://tifia.fhwa.dot. An application should clearly describe VII.To the extent relevant,the final
gov/. the transportation challenges that the page of the application should describe
1.Standard Form 424,Application for project aims to address,and how the (in one page or less)any material
Federal Assistance project will address these challenges. changes that need to be made to the pre-
The description should include relevant application form,including changes to
Please see http://www07.grants.gov/ data such as,for example,passenger or the assurances provided in items xvii
assets/SF424Instructions.pdf for freight volumes,congestion levels, and xviii regarding initiation of NEPA
instructions on how to complete the SF— infrastructure condition,or safety and required cost sharing.
424,which is part of the standard experience. The purpose of this recommended
Grants.gov submission.Additional DOT recommends that the project format is to ensure that applications are
clarifying guidance and FAQs to assist narrative generally adhere to the provided in a format that clearly
applicants in completing the SF-424 following basic outline,and include a addresses the application requirements
will be available at http://www.dot.gov/ table of contents,maps and graphics and makes critical information readily
recovery/ost/TIGERII by July 30,2010, that make the information easier to apparent and easy to locate.
when the"Apply"function within review:
Grants.gov opens to accept applications I.Project Description(including a D.Length of Applications
under this notice. description of the transportation The project narrative should not
2.Project Narrative(Attachment to SF challenges that the project aims to exceed 25 pages in length.
424) address,and how the project will Documentation supporting the
address these challenges); assertions made in the narrative portion
The project narrative must respond to may also be provided,but should be
II.Project Parties(information about
the application requirements outlined the grant recipient and other project limited to relevant information.If
below.DOT recommends that the parties); possible,Web site links to supporting
project narrative be prepared with III.Grant Funds and Sources/Uses of documentation(including a more
standard formatting preferences(e.g.a Project Funds(information about the detailed discussion of the benefit-cost
single-spaced document,using a amount of grant funding requested, analysis)should be provided rather than
standard 12-point font,such as Times copies of these materials.At the
availability/commitment of funds
New Roman,with 1-inch margins). sources and uses of all project funds, applicant's discretion,relevant
A TIGER II Discretionary Grant total project costs,percentage of project materials provided previously to a
application must include information costs that would be paid for with TIGER Cognizant Modal Administration in
required for DOT to assess each of the II Discretionary Grant funds,and the support of a different DOT discretionary
criteria specified in Section II(A) identity and percentage shares of all program(for example,New Starts or
(Selection Criteria),as such criteria are parties providing funds for the project TIFIA)may be referenced and described
explained in Section II(B)(Additional (including Federal funds provided as unchanged.To the extent referenced,
Guidance on Selection Criteria). under other programs)); this information need not be
Applicants are encouraged to resubmitted for the TIGER II
IV.Selection Criteria(information
demonstrate the responsiveness of a about how the project aligns with each Discretionary Grant application.DOT
project to any and all of the selection of the primary and secondary selection recommends use of appropriately
criteria with the most relevant criteria and a description of the results descriptive file names(e.g.,"Project
information that applicants can provide, of the benefit cost analysis): Narrative,""Maps,""Memoranda of
regardless of whether such information a.Long-Term Outcomes Understanding and Letters of Support,"
has been specifically requested,or i.State of Good Repair etc.)for all attachments.Cover pages
identified,in this notice.Any such ii.Economic Competitiveness and tables of contents do not count
information shall be considered part of iii.Livability towards the 25-page limit for the
the application,not supplemental,for iv. Sustainability narrative portion of the application,and
purposes of the application size limits v. Safety the Federal wage rate certification and
identified below in Part D(Length of b.Job Creation and Economic one-page update of the pre-application
Applications).Information provided Stimulus form(if necessary)may also be outside
pursuant to this paragraph must be c.Innovation of the 25-page narrative.Otherwise,the
quantified,to the extent possible,to d.Partnership only substantive portions of the
describe the project's impacts on the V.Project Readiness and NEPA application that should exceed the 25-
Nation,a metropolitan area,or a region. (information about how ready the page limit are any supporting
Information provided pursuant to this project is to move forward quickly, documents(including a more detailed
paragraph should include projections including information about the project discussion of the benefit-cost analysis)
for both the build and no-build schedule,environmental approvals, provided to support assertions or
scenarios for the project for a point in legislative approvals,state and local conclusions made in the 25-page
time at least 20 years beyond the planning,technical feasibility,and narrative section.
project's completion date or the lifespan financial feasibility);applications for
of the project,whichever is closest to TIGER II Planning Grants do not need to E. Contact Information
the present. address project readiness and NEPA; Contact information is requested as
All applications should include a VI.Federal Wage Rate Certification part of the SF-424.DOT will use this
detailed description of the proposed (an application must include a information to inform parties of DOT's
Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices 30473
decision regarding selection of projects, front cover that the submission collect and report information about
as well as to contact parties in the event "Contains Confidential Business these potential project benefits.
that DOT needs additional information Information(CBI);"(2)mark each X.Questions and Clarifications
about an application. affected page"CBI;"and(3)highlight or
otherwise denote the CBI portions.DOT For further information concerning
F.National Environmental Policy Act protects such information from this notice please contact the TIGER II
Requirement Discretionary Grant program manager
disclosure to the extent allowed under �3' P g g
An application for a TIGER II applicable law.In the event DOT via e-mail at TIGERIIGrants @dot.gov,or
Discretionary Grant must detail whether receives a Freedom of Information Act call Robert Mariner at 202-366-8914.A
the project will significantly impact the (FOIA)request for the information,DOT TDD is available for individuals who are
natural,social and/or economic will follow the procedures described in deaf or hard of hearing at 202-366—
environment.If the NEPA process is its FOIA regulations at 49 CFR 7.17. 3993.DOT will regularly post answers
completed,an applicant must indicate Only information that is ultimately to these questions and other important
the date of,and provide a Web site link determined to be confidential under that clarifications on DOT's Web site at
or other reference to,the final procedure will be exempt from http://www.dot.gov/recovery/ost/
Categorical Exclusion,Finding of No disclosure under FOIA. TIGERII.
Significant Impact or Record of Appendix A:Additional Information on
Decision.If the NEPA process is IX.Project Benefits pP
underway but not complete,the Benefit-Cost Analysis
DOT expects to identify and report on
application must detail where the As previously discussed in the Notice,
project is in the process,indicate the the benefits of the projects that it funds the lack of a useful analysis of expected
anticipated date of completion and with TIGER II Discretionary Grants.To project benefits and costs maybe a basis
provide a Web site link or other this end,DOT will request that for denying an award of a TIGER II
reference to copies of any NEPA recipients of TIGER II Discretionary Discretionary Grant to any applicant.
documents prepared. Grants cooperate in Departmental efforts Additionally,if it is clear that the total
to collect and report on information benefits of a project are not reasonably
G.Environmentally Related Federal, related to the benefits produced by the likely to outweigh the project's costs,
State and Local Actions projects that receive TIGER II the Department will not award a TIGER
An application for a TIGER II Discretionary Grants. II Discretionary Grant to the project.
Discretionary Grant must indicate The benefits that DOT reports on may Consequently,it is incumbent upon the
whether the proposed project is likely to include the following:(1)Improved applicant to prepare a thorough benefit-
require actions by other agencies(e.g., condition of existing transportation cost analysis that demonstrates clearly
permits),indicate the status of such facilities and systems;(2)long-term the derivation of both the costs and the
actions and provide a Web site link or growth in employment,production or benefits of the project.However,DOT
other reference to materials submitted to other high-value economic activity; (3) understands that the level of expense
the other agencies,and/or demonstrate improved livability of communities that can be expected in these analyses
compliance with other Federal,State across the United States;(4)improved for surveys,travel demand forecasts,
and local regulations as applicable, energy efficiency,reduced dependence market forecasts,statistical analyses,
including,but not limited to,Section on oil and reduced greenhouse gas and so on will be less for smaller
4(f)Parklands,Recreation Areas, emissions;(5)reduced adverse impacts projects than for larger projects.Smaller
Refuges,&Historic Properties;Section of transportation on the natural projects will therefore be given greater
106 Historic and Culturally Significant environment;(6)reduced number,rate latitude to estimate benefits
Properties;Clean Water Act Wetlands and consequences of surface subjectively.However,even smaller
and Water;Executive Orders Wetlands, transportation-related crashes,injuries projects will be expected to quantify
Floodplains,Environmental Justice; and fatalities;(7)greater use of these subjective estimates of benefits
Clean Air Act Air Quality(specifically innovative technology and innovative and costs,and to provide whatever
note if the project is located in a approaches to transportation funding evidence they have available to lend
nonattainment area);Endangered and project delivery;(8)greater credence to their subjective estimates.
Species Act Threatened and collaboration with state and local Estimates of benefits should be
Endangered Biological Resources; governments,other public entities, presented in monetary terms whenever
Magnuson-Stevens Fishery private entities,nonprofit entities,or possible;if a monetary estimate is not
Conservation and Management Act other non-traditional partners;(9) possible,then at least a quantitative
Essential Fish Habitat;The Bald and greater integration of transportation estimate(in physical,non-monetary
Golden Eagle Protection Act;and/or any decision making with decision making terms,such as ridership estimates,
State and local requirements. by other public agencies with similar emissions levels,etc.)should be
public service objectives;or(10)any provided.A benefit-cost analysis is not
H.Protection of Confidential Business other benefits claimed in the project's necessary for TIGER II Planning Grant
Information benefit-cost analysis. applicants;however,such applicants
All information submitted as part of Because of the limited nature of this should describe the expected benefits of
or in support of any application shall program,these benefits are likely to be the underlying project(s)that the
use publicly available data or data that reported on a project-by-project basis planning activities will help advance.
can be made public and methodologies and trends across projects that were This appendix provides general
that are accepted by industry practice selected for TIGER II Discretionary information and guidance on
and standards,to the extent possible.If Grants may not be readily available.In conducting an analysis.In addition to
the application includes information addition,because many of these benefits this guidance,applicants should also
that the applicant considers to be a trade are long-term outcomes,it may be years refer to OMB Circulars A-4 and A-94 in
secret or confidential commercial or before the value of the investments can preparing their analysis(http://
financial information,the applicant be quantified and fully reported.DOT is www.whitehouse.gov/omb/circulars/).
should do the following:(1)Note on the considering the most appropriate way to Circular A-4 also cites textbooks on
30474 Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices
cost-benefit analysis(e.g.,Mishan and Department will rate all analyses as
Quah 8)if an applicant wants to review indicated below.
additional background material.The
TABLE 1—RATINGS OF BENEFIT-COST ANALYSES
Rating Description
Very useful The economic analysis (i) is comprehensive (quantifying and monetizing the full range of costs and
benefits, including the likely timing of such costs and benefits, for which such measures are rea-
sonably available), (ii) attempts to describe the indirect effects of transportation investments on
land use (when applicable), (iii) helps the Department organize information about, and evaluate
trade-offs between, alternative transportation investments, (iv) provides a high degree of con-
fidence as to the extent to which the benefits of the project will exceed the project's costs on a net
present value basis,and(v)provides sensitivity analysis to show how changes in key assumptions
affect the outcome of the analysis.
Useful The economic analysis(i)identifies,quantifies, monetizes,and compares the project's expected ben-
efits and costs,but has minor gaps in coverage of benefits and costs or the precise timing of bene-
fits and costs, or fails in some cases to quantify or monetize benefits and costs for which such
measures are reasonably available,and(ii)provides a sufficient degree of confidence that the ben-
efits of the project will exceed the project's costs on a net present value basis.
Marginally Useful The economic analysis(i) identifies, quantifies, monetizes, and compares the project's expected ben-
efits and costs, but has significant gaps in coverage, quantification, monetization, or timing of ben-
efits and costs,or significant errors in its measurement of benefits or costs,and(ii)the Department
is uncertain whether the benefits of the project will exceed the project's costs on a net present
value basis.
Not Useful The economic analysis(i)does not adequately identify,quantify,monetize,and compare the project's
expected benefits and costs or timing of benefits and costs, (ii)provides little basis for concluding
that the benefits of the project will exceed the project's costs on a net present value basis, and(iii)
demonstrates an unreasonable absence of data and analysis or poor applicant effort to put forth a
robust quantification of net benefits.
A benefit-cost analysis attempts to the stream of benefits and a present estimated benefits for each category.
measure the dollar value of the benefits value of the stream of costs is The summary should also include the
and the costs to all the members of calculated. full cost of a project,including Federal,
society(in this context,"society"means As a starting point for any analysis, State,local,and private funding,and
all residents of the United States)on a applicants should provide a Project not simply the requested grant amount
net present value basis.The benefits Summary describing the project and or the local amount.
represent a dollar measure of the extent what it changes.The Project Summary Each application must include in its
to which people are made better off by should provide: analysis estimates of the project's
the project—that is,the benefits • A description of the current expected benefits with respect to each of
represent the amount that all the people infrastructure baseline(e.g.,two-lane the five long-term outcomes specified in
in the society would jointly be willing road); Section II(A) (Selection Criteria).We
to pay to carry out the project,and feel • A description of what the proposed recognize that it may in some cases be
as if they had generated enough benefits project is and how it would change the unclear in which of these categories of
to justify the project's costs accounting current infrastructure baseline(e.g., outcomes a benefit should be listed.In
for the relative timing of those benefits extension of a trolley line); these cases,it is less important in which
and costs.In some cases,benefits may • A general justification for the category a benefit is listed than to make
be difficult to measure in dollar terms. project and how it affects the long-term sure that the benefit is listed and
Applicants must at least describe the outcomes relative to the current measured(but only once).Applicants
nature of each of the major types of baseline; must demonstrate that the proposed
benefits described in this guidance.To • A description of who would be the project has independent utility as
the extent possible,applicants must also users of the project or what groups of defined in this Notice.It cannot be a
quantify each of those types of benefits people would benefit from it;and component of a larger project such that,
(e.g.,in terms of the number of users • A description of what types of if the larger project were not built,this
making use of a transportation facility). economic effects the project is expected project would have little or no
Finally,applicants must attempt to to have. transportation value(or,if it is part of
measure those benefits in dollar terms If an application contains multiple a larger project,the application must
(i.e.,"monetize"them).These benefits separate projects,each of which has demonstrate that funding for the larger
must then be compared with a dollar independent utility,the applicant project is committed).If the applicant
measure of the costs of the project.Both should provide a separate summary provides a benefit-cost analysis for a
benefits and costs must be estimated for (and analysis)for each project.The larger project,then it must estimate
each year after work on the project is summary should also identify the types what portion of the benefits and costs of
begun,and these streams of annual of societal benefits the project might the larger project apply to the smaller
benefits and costs must be discounted to generate.The applicant should list the project for which funding is being
the present using an appropriate types of benefits here and then clearly sought.The following sections describe
discount rate,so that a present value of demonstrate in the analysis how it baselines,affected population,
5 E.J.Mishan and Euston Quah,Cost-Benefit
Analysis,5th edition(New York:Routledge,2007).
Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices 30475
discounting,forecasting,costs,and investment to the investor.Because sources.In these cases,the TIGER II
benefit categories in more detail.The these investments are a cost as well as Discretionary Grant funding may
Department expects a thorough a benefit,they are not a net benefit for accelerate completion of the project,but
discussion of these items in the body of purposes of a benefit-cost analysis. it does not allow a project to be built
the analysis. There is often an element of benefit in that would never otherwise have been
Benefit Cost Analysis vs.Economic these"impacts."A worker who gets a built.The benefits and costs in this case
higher-paying job as a result of a should thus be limited to the marginal
Impact Analysis e mar g
transportation investment project benefits(and marginal costs)of having
First,it is important to recognize that benefits if he or she works just as hard the project completed in a shorter
a benefit-cost analysis is not an as he or she did at his or her previous period of time and including the cost of
economic impact analysis.Applicants job but is paid more. Such projects expending resources on the project
are required to provide a benefit-cost produce benefits by increasing the sooner than otherwise planned.
analysis in support of their proposed productivity of labor.A transportation Many projects have multiple parts or
projects.An economic impact analysis investment project that increases the multiple phases,only one or two of
is not a substitute for a benefit-cost value and productivity of land and thus which would actually receive funding
analysis. induces real estate investment can also from a TIGER II Discretionary Grant.It
A benefit-cost analysis attempts to provide a benefit,but the benefit must is important in these cases that both the
and the costs dollar
all the members benefits be measured net of the cost of making costs and the benefits pertain to the
(in this context,"society"means the real estate investment.Measuring same portion of the project.If the part
society( Y these labor productivity effects requires o phase of the ER ect funded b
all residents of the United States).The a careful analysis of the local labor or TIGER Discretion Grant has by a
benefits the extent represent dollar measure o f market and how that market is changed independent utility,then the analysis
to which
people are made by the transportation investment. should compare the costs and the
better off by the project—that is,the Similarly,measuring the effects of s p
benefits represent the amount that all transportation projects on the benefits of just that part or phase.If the
the people in the society would jointly productivity of land requires a careful part or phase of the project funded by
be willing to pay to carry out the netting out of increases in land values a TIGER Discretionary Grant does not
project,and feel as if they had generated that are compensated by costs of real have independent utility,then the
enough benefits to justify the project's estate investment and increases in land applicant must first demonstrate that
costs. values that in effect capitalize other funding is committed for the entire
An economic impact analysis,on the types of benefits that have already been project(or for an entire portion of the
other hand,typically focuses on local counted,such as time savings. project,including the TIGER
and regional benefits rather than In summary,applicants must be Discretionary Grant-funded portion,that
national benefits.Some of the benefits careful to measure only the net benefits has independent utility).In this case,
that are counted in an economic impact of a project,and should avoid using the applicant should compare the
analysis,such as diversion of economic software packages that are designed benefits and costs of the entire project
activity from one region of the country primarily to produce economic impact (or the entire portion of the project that
to another,represent benefits to one part analyses.An application containing has independent utility).The applicant
of the country but costs to another part, only an economic impact analysis does must make clear exactly what portions
so they are not benefits from the not meet the program's requirements of the project form the basis of the
standpoint of the nation as a whole. and may be denied an award for that estimates of benefits and costs.It is
Moreover,economic impact analyses reason. incorrect to claim benefits from time
estimate"impacts"rather than savings accruing from a 100-mile
"benefits,"and the"impacts"are Baselines and Alternatives highway when the TIGER II
normally quite different from the Applicants should measure costs and Discretionary Grant will only fund 10
"benefits."For example,the total payroll benefits of a proposed project against a miles.Similarly,it would be incorrect to
of workers on a project is usually baseline(also called a"base case"or a attribute all the benefits from a new port
considered one of the"impacts"in an "no build"case).The baseline should be facility to a TIGER II Discretionary Grant
economic impact analysis.The total an assessment of the way the world when the TIGER Discretionary Grant-
payroll is not a measure of the"benefits" would look if the project did not receive grant-funded portion only pays for
of the project,however,for two reasons. the requested TIGER II Discretionary pavement.In some cases,the applicant
First,a payroll is a cost to whoever pays Grant funding.Usually,it is reasonable may choose to allocate the benefits of
the employees,at the same time that it to forecast that that baseline world the project proportionately to the costs
is a benefit to the employees,so it is not resembles the present state.However,it of the project that would be funded by
a net benefit. Second,even for the is important to factor in any projected the TIGER II Discretionary Grant,but
employees,the employees have to work changes(e.g.,baseline economic growth, this should generally be done only if(1)
for their wages,so the amount they are increased traffic volumes,or completion the TIGER Discretionary Grant funds are
paid is not a net benefit to them—it is of already planned and funded projects) commingled with non-TIGER
a benefit only to the extent that they that would occur even if the proposed Discretionary Grant funds for a single,
value their wages more than the cost to project were not funded.In some cases non-divisible structure that has
them of having to be at work every day. the proposed project already has a independent utility and(2)the project
Economic impact analyses also often financing plan that would allow it to be has sufficient funding in place to be
treat real estate investments induced by built,but that involves a slower completed as a whole unit.If a project
a project as one of the economic construction schedule than would occur is being funded by multiple Federal,
"impacts."The full value of such an if it received TIGER II Discretionary State,and local sources,it would be
investment is not a"benefit,"however, Grant funding.Or it may be likely that, inappropriate to attribute the full benefit
because the benefit of those investments in the absence of TIGER II Discretionary of the project to only one source of
to the community in which they are Grant funding,the project would be funding(such as the local share or the
made is balanced by the cost of the built later using ordinary funding TIGER II Discretionary Grant itself).
30476 Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices
All costs and benefits of the project rail intermodal yard to the wholesale prior to discounting.Once an applicant
should be evaluated,including benefits distribution center.However,it is has generated the stream of costs and
and costs that fall outside of the unrealistic to claim benefits from benefits in constant dollars,it should
jurisdiction sponsoring the project.It is reduced truck traffic all the way from then discount these estimates to arrive
also important that the applicant the shipping origin point hundreds or at a present value of costs and benefits.
assume the continuation of reasonable thousands of miles away to the truck/ The standard formula for the discount
and sound management practices in rail intermodal yard,if that traffic factor in any given year is 1/(1 +r)t,
establishing a baseline.Assuming a would be likely to be moving by rail where"r"is the discount rate and"t"
baseline scenario in which the owner of already. measures the number of years in the
the facility does no maintenance on the Discounting future that the costs or benefits will
facility and ignores traffic problems and occur.Infrequently,benefits or costs
maintenance is not realistic and will Applicants should discount future
lead to the overstatement of project benefits and costs to present values will be the same in constant dollars for
benefits. using a real discount rate of 7 percent, all years.In these limited cases,an
In addition to the baseline,the following guidance provided by OMB in applicant can calculate the formula for
applicant should present and consider Circulars A-4 and A-94(http:// the present value of an ordinary annuity
reasonable alternatives in the analysis. www.whitehouse.gov/omb/ instead of showing a year-by-year
Smaller-scale and more focused projects circulars_default/).Applicants may also calculation.10
should be evaluated for comparison provide an alternative analysis using a Forecasting
purposes.For example,if an applicant real discount rate of 3 percent.The
is requesting funds to replace a pier,it latter approach should be used when Benefit-cost analyses of transportation
should also analyze the alternative of the alternative use of funds currently projects almost always depend on
rehabilitating the current pier. dedicated to the project would be other forecasts of projected levels of usage
Similarly,if an applicant seeks funds to public expenditures,rather than private (road traffic,port calls,etc.).When an
establish a relatively large streetcar investment. applicant is using such forecasts to
project,it should also evaluate a more As a first step,applicants should generate benefit estimates,it must assess
focused project serving only the more present the year-by-year stream of the reliability of these forecasts.If the
densely populated corridors or an area. benefits and costs from the project. applicant is using outside forecasts,it
Affected Population Applicants should clearly identify when must provide a citation and an
they expect costs and benefits to occur. appropriate page number for the
Applicants that thed clearly will affect the The beginning point for the year-by-year forecasts.An applicant should carefully
population project stream of benefits should be the first review any outside forecasts for
and measure the number of passengers year in which the project will start y
(for a passenger project)and the amount generating costs or benefits.The ending reliability before using them in its
of freight(for a freight project)affected point should be far enough in the future analyses.In cases where an applicant is
by the project.If possible,passenger and to encompass all of the significant costs using its own estimates,it should
freight traffic should be measured in and benefits resulting from the project clearly demonstrate in the analysis the
passenger-miles and freight ton-miles but not to exceed the usable life of the methodology it used to forecast affected
(and possibly value of freight).If,as is asset without capital improvement.9 In population(e.g.,traffic).The number of
often the case(e.g.,projected growth in presenting these year-by-year streams, individuals who enjoy the benefits of a
highway traffic),the forecasted traffic applicants should measure them in project will partly determine the net
volume is not the same for all years, constant(or"real")dollars prior to benefits of the project.Consequently,
then the applicant needs to break out discounting.Applicants should not add accurate forecasts are essential to
the forecasted traffic annually.In some in the effects of inflation to the conducting a quality benefit-cost
cases,the characteristics of the estimates of future benefits and costs analysis.Applicants should also take
passenger population or of the freight great care to match forecasts of affected
shipper population may be important 9 I some cases the application may use a fixed population to the corresponding year.
(e.g.,whether the passengers or shippers term of years to analyze benefits and costs(e.g.,20 For example,using projected traffic
are members of a disadvantaged group, years),even though the applicant knows that the levels for 2030 to enerate benefits for
or whether the passengers or shippers project will last longer than that and continue to g
have benefits and costs in later years.In these cases, all the earlier years in incorrect.For
are spread across a multi-state region). the project will retain a"residual value"at the end more information on forecasting,
Measures of freight traffic might include of the analysis period.For instance,a new bridge applicants can refer to the forecasting
growing levels of port calls.In some may be expected to have a 100-year life but the
cases,the relevant population is the analysis period for the benefit-cost analysis might section of FHWA's Economic Analysis
volume of traffic that is diverted from cover only 40 years.In such cases,a residual value Primer(http://www.fhwa.dot.gov/
one mode to another.A licants must can be claimed as a benefit(or cost offset)for the infrastructure/asstmgmt/primer06.cfm).
PP asset at the end of the analysis period.One method While produced for analysis of highway
clearly identify which population will to estimate the residual value is to calculate the
be affected by any particular benefit.For percentage of the project that will not be projects,the primer is a good source of
example,the affected population that depreciated or used up at the end of the analysis information on issues related to all
period and to multiply this percentage by the trans ortation forecastin .
will enjoy travel time savings may be original cost of the project.Different components of P g
different from the affected population the project may have different depreciation rates—
benefiting from reduced shipping costs. land typically does not depreciate.The estimated re See http://www.brighthub.com/money/
Further,the applicant should be residual value is assigned to the end of the analysis personal-finance/articles/17948.aspx.For example,
period and should then be discounted to its present 10.594 is the discount factor that would be
realistic as to how the project affects value as would any other cost or benefit occurring multiplied by an annual benefit to get the present
these populations.For example, at that time.Note that a residual value of a project value of a constant benefit stream over 20 years at
improving rail access to a wholesale can only be claimed if the project will be kept in a discount rate of seven percent.If the constant
distribution center near an urban area operation beyond the end of the analysis period.If annual benefit is$500,000,then the present value
the project will be retired at that time,a salvage of the benefits is$5.297 million.In these limited
may take some trucks off the road that value(reflecting revenues raised from the cases,the applicant must show the calculation of
had been carrying freight from a truck/ decommissioning of the project)can be claimed. the discount factor of the ordinary annuity formula.
Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices 30477
Costs alternative modes who did not have value of these time savings.The
As noted above,the estimate of costs access before?The analysis should go applicant should propose a subjective
must pertain to the same project as the on to estimate how many people are estimate of the monetary value of land
estimate of benefits.If the TIGER II actually likely to use these newly use changes.Land use changes can also
Discretionary Grant is to pay for only available transportation modes and how reduce the total cost of transportation
part of the project,but the project is much of their existing single-occupancy for the affected population,so
indivisible(i.e.,no one part of the vehicle travel are those people likely to applicants should attempt to measure
project would have independent utility), divert to these alternative modes. the effects of the project and associated
then the benefits of the whole project Finally,the analysis should attempt to land use changes on average household
should be compared to the costs of the estimate the monetary value that people transportation expenditures.
whole project,including costs paid for place on access to these newly available In using differentials in property
by State,local,and private partners transportation modes.In some cases, values or rents to measure the value of
other than the Federal government. monetary values may be estimated changes in accessibility,applicants
Applicants may not claim that the based on existing market transactions— must identify other factors that might
TIGER II Discretionary Grant"leverages" d fifer differentials a s in the market values of land rents to change and isolate the portion
the financial contributions of other or rents between residences and of the change that is attributable to the
parties,and therefore that all the businesses that are already easily change in accessibility.Applicants must
benefits of the project are attributable to accessible(e.g.<0.5 miles)to these also be careful to avoid double-
the TIGER II Discretionary Grant,even modes and those that are in the same counting.If the applicant has already
though the TIGER II Discretionary Grant areas but not easily accessible(e.g.>0.5 counted reductions in travel time as a
only pays for part of the project. miles)can be used as a proxy estimate benefit,the value of those reductions in
The analysis of costs should be of the value of this access.In other travel time may get capitalized in
equally as rigorous as the analysis of cases,no objective market values are changes in property values or rents,and
benefits.The lack of a useful analysis of available,and the applicant should the applicant must be careful not to
expected project costs may be a basis for make the best subjective estimate it can count those benefits again as part of the
denying the award of a TIGER II of the average value that this change in property values.
Discretionary Grant to an applicant.In accessibility has to those who now have Finally,an important aspect of
general,applicants should use a life- access to these alternative modes. livability is the availability of
cycle cost analysis approach in Transit and bicycle paths may provide transportation to disadvantaged
estimating the costs of the project.The greater accessibility to alternative communities,such as low-income
Department expects applicants to transportation modes,but they will not people,non-drivers,people with
include operating,maintenance,and actually enhance livability unless disabilities,and senior citizens.
other life-cycle costs of the project, people actually want to use them,and Applicants should assess the extent to
along with capital costs.In addition to the desire to use them will depend in which their projects will improve
construction costs,other direct costs part on where these modes go and on transportation opportunities for
may include design and land the amenities provided with them.An members of these disadvantaged
acquisition.If the time period important part of accessibility is making communities.While there may not be
considered in the analysis is long sure not only that people's residences well-defined methodologies for
enough to require the rehabilitation of are accessible to these modes,but that assigning monetary values to these
the facility during the period of the modes connect to workplaces, enhancements to accessibility,
analysis,then the costs of that schools,shopping,and other desired applicants should attempt to measure
rehabilitation should be included. destinations.Assessments of enhanced the size of the disadvantaged
External costs,such as noise,increased accessibility should describe where community affected and make
congestion,and environmental these alternative modes go as well as subjective judgments of the monetary
pollutants resulting from the use of the where they start. values that should be assigned to these
facility or related changes in usage on Land use changes are also an improvements.
other facilities in the same network, important aspect of livability.When Types of Benefits—Economic
should be considered as costs in the people live closer to their workplaces, Competitiveness
analysis.Additionally,applicants their schools,and shopping,they will
should include,to the extent possible, be more likely to use these alternative Economic competitiveness benefits
costs to users during construction,such transportation modes.Transportation might include reduced operating costs
as delays and increased vehicle changes that encourage more mixed-use due to infrastructure improvements.In
operating costs.The applicant should land development(where residences are some cases,a project produces
correctly discount annual costs to arrive intermixed with workplaces and economic competitiveness benefits
at a present value of the project's cost. shopping)will shorten the length of because the existing users of the facility
Types of Benefits—Livability travel and encourage more use of non- will have lower operating costs after the
highway modes.The analysis should improvement is completed.In other
There are several potential benefits evaluate the extent to which the cases,the economic competitiveness
that a project could generate that affect proposed transportation project will benefits result from modal diversion—
livability.The most important aspect of encourage these changes in land use and users shifting from a higher-cost
livability is accessibility to non-single- be coordinated with zoning changes and transportation mode to a lower-cost
occupancy vehicle modes of other public and private investments. transportation mode when the quality of
transportation,such as transit,bicycle Changes in land use that result in service on the lower-cost mode becomes
paths,and sidewalks.Measuring the shorter travel distances can result in more competitive.In this case,the
benefits of increased accessibility long-term travel time savings,and the applicant should demonstrate clearly
should start with a quantitative measure quantitative extent of these time savings what the basis is of any estimated modal
of the increase in accessibility—how can be estimated.Values of time can diversion.In estimating operating cost
many people will have access to these then be used to estimate the monetary savings,it is important to avoid double-
30478 Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices
counting.For example,applicants must productivity as a benefit.For example, applicant should clearly demonstrate
not count both the reductions in fuel if the project allows workers working at how the project will improve safety.For
costs and the overall reductions in low-productivity jobs to switch to high- example,to claim a reduction in
operating costs,because fuel costs are productivity jobs,then the increase in fatalities,an applicant must clearly
part of operating costs. their productivity can be counted as a demonstrate how the existence of the
One particular form of reduced benefit.But the applicant needs to - project would have prevented the types
operating costs is travel time savings. demonstrate rigorously how such of fatalities that commonly occur in that
Road improvements or other projects productivity benefits are estimated and area.Applicants should use crash
whose purpose is to relieve congestion the exact time period over which the causation factors or similar analyses of
frequently generate travel time savings productivity benefits occur.Simply causes of crashes to show the extent to
for travelers and shippers that asserting these gains is inadequate. which the type of improvements
contribute to economic competitiveness. With respect to economic proposed would actually reduce the
Where this is the case,applicants development,estimates of capital likelihood of the kinds of crashes that
should clearly demonstrate how the investments or property tax revenues actually had occurred.Alternatively,
travel time savings are calculated and are not legitimate benefits in a benefit- when only a few cases are involved,the
should account for induced travel cost analysis.A property tax is a benefit applicant should provide a description
demand to the extent practical or to the tax assessor,but it is a cost to the of the incidents and demonstrate the
applicable.If travel time savings vary taxpayer.An applicant can potentially linkage between the proposed project
over time,the applicant must clearly claim an increase in the value of land and crash reduction.In some cases,
show savings by year.Once the as a benefit if the transportation project safety benefits may occur because of
applicant generates its estimate of hours increases the value and productivity of modal diversion from a less safe mode
saved,it should apply the Department's the land.However,the applicant needs to a more safe mode.When this type of
guidance on the value of time to those to count the increase in the value of the benefit is claimed,the applicant should
estimates(http://ostpxweb.dot.gov/ land carefully to avoid double counting provide a clear analysis of why the
policy/reports.htm)to monetize them. and transfer payments.For example,if forecasted modal diversion will take
Freight-related projects that improve the property value goes up by the exact place. Once the applicant has
roads,rails,and ports frequently same value as the developer's established a reasonable count of the
generate savings to shippers that they investment,then this is not a benefit. incidents that are likely to be prevented
pass on to consumers(e.g.,fuel savings Property value increases over and above by the project,it should apply the
and other operating cost savings).If the developer's investment may Department's guidance on value of life
applicants are projecting these savings potentially be a benefit from the project. and injuries(http://ostpxweb.dot.gov/
as benefits,they need to carefully However,if this property value increase policy/reports.htm)to monetize them.
demonstrate how the proposed project is due to improved travel times that the Sources of information on the social
would generate such benefits.However, applicant has already included as a benefits of reducing crash costs are
savings to freight carriers can not be benefit then there is no additional discussed in Chapter VIII of the Final
counted along with savings to shippers benefit here.The analysis should also Regulatory Impact Analysis of the
that are passed along from the carrier to consider to what extent an increase in National Highway Traffic Safety
the shipper. land values induced by the project in Administration's rulemaking on
Applicants should also guard against one area causes a reduction in land Corporate Average Fuel Economy for
analysis that double-counts other kinds values in some other area.Only the net MY 2011 Passenger Cars and Light
of benefits.Analysis should distinguish increase in land value can be counted as Trucks(http://www.nhtsa.dot.gov/
between real benefits and transfer a benefit. portal/site/nhtsa/
payments.Benefits reflect real resource Applicants must carefully net out any men uitem.d0b5a45b55bfbe582f57529
usage and overall benefits to society, embedded time savings in the property cdba046a0/).The economic values of
while transfers represent payments by value increase before claiming any various benefits are summarized in
one group to another and do not benefits. Simply asserting that there is a Table VIII-5 on page VIII-60.
represent a net increase in societal property tax increase net of time savings
benefits.Employment or output is inadequate.The Department expects Types of Benefits—State of Good Repair
multipliers that purport to measure any applicant claiming these types of Many infrastructure projects that
secondary effects should not be benefits to provide a rigorous improve the state of good repair of
included as societal benefits because justification of the benefit that shows transportation infrastructure can reduce
these secondary effects are generally the how it is derived from the project long-term maintenance and repair costs.
same(per dollar spent)regardless of (rather than from some other non- These benefits are in addition to the
what kind of project is funded. project investment)and that shows how benefits of reductions in travel time,
As noted earlier in this Appendix(see increases in property values attributable shipping costs,and crashes which the
Benefit-Cost Analysis vs.Economic to other benefits(such as travel time applicant should account for separately.
Impact Analysis),applicants must be savings)have been deducted. Applicants should include these
extremely cautious about including job Applicants should note that any maintenance and repair savings as
creation and economic development claimed societal benefit from a property benefits.Improving state of good repair
benefits as societal benefits in the value increase is only a one-time stock may also reduce operating costs and
benefit-cost analysis.In the case of job benefit.Applicants can not treat it as a congestion by reducing the amount of
creation,for example,every job stream of benefits accruing annually. time that the infrastructure is out of
represents both a cost to the employer service due to maintenance and repairs,
a wage)and a benefit to the Types of Benefits—Safety
(paying g ) or may prevent a facility(such as a
employee(receiving a wage),so it is a Road projects can also improve the bridge)from being removed from service
transfer payment,rather than a net safety of transportation.A well-designed entirely.In the latter case,the analysis
benefit.However,if a project increases project can reduce fatalities and injuries should include a reasonable assessment
the productivity of labor,then the as well as reduce other crash costs,such of the cost that closing the facility
applicant can count the increased as hazardous materials releases.The would have on system users who would
Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices 30479
be required to take longer and more quantify how the project will reduce the way in which the applicant derived
circuitous routes,as well as the emissions.Once an applicant has the estimates.If the application refers
probability(and likely time in the adequately quantified levels of emission the reader to more detailed
future)when the bridge would need to reductions,it should estimate the dollar documentation to explain how the
be closed.The application should also value of these benefits.Sources of calculations were done,that
consider differences in maintenance and information on the social benefits of documentation must go beyond merely
repair costs when comparing different reducing criteria pollutant emissions are providing spreadsheets.It must include
project alternatives.For example,an discussed in Chapter VIII of the Final a thorough verbal description of how
applicant can compare the maintenance Regulatory Impact Analysis of the the calculation was done,including
costs that would be required after National Highway Traffic Safety references to tabs and cells in the
rehabilitating an existing pier with those Administration's rulemaking on spreadsheet.This verbal description
that would be required after building a Corporate Average Fuel Economy for should include specific sources for all
new one.As part of the data that go into MY 2011 Passenger Cars and Light the numbers in the spreadsheet that are
estimating the benefits of improving the Trucks(http://www.nhtsa.dot.gov/ not calculated from the spreadsheet
state of good repair,applicants should portal/site/nhtsa/ itself.
provide accepted metrics for assessing men uitem.d0b5a45b55bfbe582f57529 If an applicant uses a"pre-packaged"
an asset's current condition.For cdba046a0/). economic model to calculate net
example,applicants can use Present The Interagency Working Group on benefits,the applicant should provide
Serviceability Ratings(PSR)to discuss Social Cost of Carbon has recently annual benefits and costs by benefit and
pavement condition and bridge issued its guidance on"Social Cost of cost type for the entire analysis period.
sufficiency ratings to discuss the Carbon for Regulatory Impact Analysis In any case,applicants must provide a
condition of a bridge.As discussed in Under Executive Order 12866"(http:// detailed explanation of the assumptions
the section on costs,the Department wwwl.eere.energy.gov/buildings/ used to run the model(e.g.,peak traffic
expects applicants to consider the life- appliance_standards/commercial/pdfs/ hours and traffic volume during peak
cycle costs of the project when making semjinalrule_appendixl5a.pdf).This hours,mix of traffic by cars,buses,and
these comparisons. guidance lays out a range of values to trucks,etc.).The applicant must provide
Types of Benefits—Sustainability use for monetizing the social cost of enough information so that a
carbon at various years in the future and Department reviewer can follow the
Transportation can generate at various discount rates.Applicants general logic of the estimates(and,in
environmental costs in the form of should clearly indicate how and to what the case of spreadsheet models,
emissions of"criteria pollutants"(e.g., degree calculations of benefits in their reproduce them).
SOx,NOx,and particulates)and from analyses are based on these assumed Ideally,the applicant should be able
the emission of greenhouse gases,such values of CO2 emissions reduction. to summarize the results of all pertinent
as carbon dioxide(CO2).Increased Transparency and Reproducibility of data and cost and benefit calculations in
traffic congestion results in increased a single spreadsheet tab(or table in
levels of these emissions. Calculations Word).A Department reviewer should
Transportation projects that reduce Applicants should make every effort be able to understand the calculations in
congestion can reduce these emissions to make the results of their analyses as spreadsheet models both from
and produce societal benefits given transparent and reproducible as directions in the spreadsheet and any
reduced idling and otherwise constant possible.Applicants should clearly set accompanying text.The following
vehicle miles travelled.Also, out basic assumptions,methods,and provides a simplified example for
transportation projects that encourage data underlying the analysis and discuss expository purposes of discounted costs
transportation users to shift from more- any uncertainties associated with the and benefits from a road project
polluting modes to less-polluting modes estimates. providing travel time savings only to
can similarly reduce emissions. A Department reviewer reading the local travelers over the course of five
Applicants claiming these types of analysis should be able to understand years following a one-year period of
benefits must clearly demonstrate and the basic elements of the analysis and construction.
Travel Time Total value of Operations&
Calendar Affected Initial costs maintenance Undiscounted Discounted at
Project year saved time saved
y ear drivers (hours)1 ($2008)2 ($2008) costs net benefits 7%
($2008)3
2011 1 $38,500,000 $6,000,000 $44,500,000 —$41,588,785
2012 2 80,000 1,040,000 $14,248,000 $700,000 $13,548,000 $11,833,348
2013 3 95,000 1,235,000 $16,919,500 $700,000 $16,219,500 $13,239,943
2014 4 100,000 1,300,000 $17,810,000 $700,000 $17,110,000 $13,053,137
2015 5 102,000 1,326,000 $18,166,200 $700,000 $17,466,200 $12,453,159
2016 6 109,000 1,417,000 $19,412,900 $700,000 $18,712,900 $12,469,195
NPV $21,459,998
1 Number of drivers times three minutes a day(3/60 hours)over 260 workdays.
2 Hours at$13.70 per hour($2008).
3Includes costs from delays to users during construction.
Most applicant analyses will be more However,the summary cost and benefit easy to follow and replicate as the
complicated than this example and will data should be as transparent and as example above.
likely include several benefit categories.
30480 Federal Register/Vol. 75, No. 104/Tuesday, June 1, 2010/Notices
Appendix B:Additional Information on repository for standard information .vbs,.cfg,.dat,.db,.dbf,.d11,.ini,.log,.ora,
Applying Through Grants.gov about Federal financial assistance .sys,and.zip.
Applications(Stage 2)for TIGER II applicants,recipients,and sub-
recipients.Organizations that have Experiencing Unforeseen Grants.gov
Discretionary Grants must be submitted previously submitted applications via Technical Issues
through Grants.gov.To apply for P Y PP
funding through Grants.gov,applicants Grants.gov are already registered with If you experience unforeseen
must be properly registered.Complete CCR,as it is a requirement for Grants.gov technical issues beyond your
instructions on how to register and Grants.gov registration.Please note, control that prevent you from
apply can be found at http:// however,that applicants must update or submitting your application by the
www.grants.gov.If interested parties renew their CCR registration at least deadline,you must contact Robert
experience difficulties at any point once per year to maintain an active Mariner at 202-366-8914 or
during registration or application status,so it is critical to check Robert.Mariner@dot.gov within 24 hours
process,please call the Grants.gov registration status well in advance of after the deadline and request approval
Customer Support Hotline at 1-800— relevant application deadlines. to submit your application.At that time,
518-4726,Monday—Friday from 7 a.m. Information about CCR registration DOT staff will require you to e-mail the
to 9 p.m.EST. procedures can be accessed at http:// complete grant application,your DUNS
Registering with Grants.gov is a one- www.ccr.gov. number,and provide a Grants.gov Help
time process;however,processing 3.Acquire an Authorized Desk tracking number(s).After DOT
delays may occur and it can take up to Organization Representative(AOR)and staff review all of the information
several weeks for first-time registrants to a Grants.gov Username and Password. submitted as well as contacts the
receive confirmation and a user Complete your AOR profile on Grants.gov Help Desk to validate the
password.It is highly recommended Grants.gov and create your username technical issues you reported,DOT staff
that applicants start the registration and password.You will need to use will contact you to either approve or
process as early as possible to prevent your organization's DUNS Number to deny your request to submit a late
delays that may preclude submitting an complete this step.For more application.If the technical issues you
application by the deadlines specified. information about the registration reported cannot be validated,your
Applications will not be accepted after process,go to http://www.grants.gov/ application will be rejected as untimely.
the relevant due date; delayed applicants/get registered.jsp. To ensure a fair competition for
registration is not an acceptable reason 4.Acquire Authorization for Your limited discretionary funds,the
AOR From the E-Business Point of followin conditions are not valid
for extensions.In order to apply for Contact(E-Biz POC).The E Biz POC at g
TIGER II Discretionary Grant funding reasons to permit late submissions: (1)
for funding through Grants.gov,all ply Grants.gov to confirms you s an AOR. process before the deadline date; (2)
applicants are required to complete the Please note that there can be more than failure to follow Grants.gov instructions
one AOR for your organization. on how to register gister and apply a 1 as posted
5.Acquire a DUNS Number.A DUNS . Search for the Funding Opportunity on its Web site;(3)failure to follow all
number is required for Grants.gov on Grants.gov.Please use the following of the instructions in the funding
registration.The Office of Management identifying information when searching availability notice;and(4)technical
and Budget requires that all businesses for the TIGER II funding opportunity on issues experienced with the applicant's
and nonprofit applicants for Federal Grants.gov.The Catalog of Federal computer or information technology(IT)
funds include a DUNS(Data Universal Domestic Assistance(CFDA)number for environment.
this solicitation System number in their ation is 20.933,titled Surface
g Y ) Transportation Infrastructure Issued on:May 26,2010.
applications for a new award or renewal Discretionary Grants for Capital Ray LaHood,
of an existing award.A DUNS number Investments II. Secretary.
is a unique nine-digit sequence 6. Submit an Application Addressing [FR Doc.2010-13078 Filed 5-28-10;8:45 am]
recognized as the universal standard for All of the Requirements Outlined in BILLING CODE 4910-9X-P
identifying and keeping track of entities This Funding Availability
receiving Federal funds.The identifier Announcement.Within 24-48 hours
is used for tracking purposes and to after submitting your electronic DEPARTMENT OF TRANSPORTATION
validate address and point of contact application,you should receive an e-
information for Federal assistance Federal Highway Administration
mail validation message from
applicants,recipients,and sub Grants.gov.The validation message will
recipients.The DUNS number will be tell you whether the application has Notice To Rescind Notice of Intent To
used throughout the grant life cycle. been received and validated or rejected, Prepare an Environmental Impact
Obtaining a DUNS number is a free, rejected, Franklin and Warren
one-time activity.Obtain a DUNS with an explanation.You are urged to Counties,MO
number by calling 1-866-705-5711 or submit your application at least 72
hours prior to the due date of the AGENCY:Federal Highway
by applying online at http://
application to allow time to receive the Administration(FHWA),DOT.
www.dunandbradstreet.com. validation message and to correct any ACTION:Rescind Notice of Intent to
2.Acquire or Renew Registration With problems that may have caused a prepare an environmental impact
the Central Contractor Registration rejection notification. statement.
(CCR)Database.All applicants for
Federal financial assistance maintain Note:When uploading attachments please SUMMARY:The FHWA is issuing this
current registrations in the Central use generally accepted formats such as.pdf, notice to advise the public that we are
Contractor Re lstration CCR database. .doc,and.xls.While you may imbed picture
g ( ) files such as.jpg,.gif,.bmp,in your files, rescinding the Notice of Intent(NOI)to
An applicant must be registered in the please do not save and submit the attachment prepare an environmental impact
CCR to successfully register in in these formats.Additionally,the following statement(EIS)for improvements that
Grants.gov.The CCR database is the formats will not be accepted:.com,.bat,.exe, were proposed for Route 47 in Franklin