Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Notices 45411 

Dated: July 16, 2012. 

Stephen Randolph, 

Executive Secretary, Advisory Committee on 

Historical Diplomatic Documentation, 

Department of State. 

[FR Doc. 2012–18662 Filed 7–30–12; 8:45 am] 

BILLING CODE 4710–11–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary of 

Transportation 

Letters of Interest for Credit 

Assistance Under the Transportation 

Infrastructure Finance and Innovation 

Act (TIFIA) Program 

AGENCIES: Office of the Secretary of 

Transportation (OST), U.S. Department 

of Transportation (DOT), Federal 

Highway Administration (FHWA), 

Federal Railroad Administration (FRA), 

Federal Transit Administration (FTA). 

ACTION: Notice of funding availability 

and request for comments. 

SUMMARY: Pursuant to the recently 

enacted Moving Ahead for Progress in 

the 21st Century Act (MAP–21), DOT 

announces the availability of funding 

authorized in the amount of $1.75 

billion ($750 million in Federal Fiscal 

Year (FY) 2013 funds and $1 billion in 

FY 2014 funds (and any funds that may 

be available from prior fiscal years)) to 

provide TIFIA credit assistance for 

eligible projects. The FY 2013 and FY 

2014 funds are subject to an annual 

obligation limitation that may be 

established in appropriations law. The 

amount of TIFIA budget authority 

available in a given year may be less 

than the amount authorized for that 

fiscal year. Under TIFIA, DOT provides 

secured (direct) loans, lines of credit, 

and loan guarantees to public and 

private applicants for eligible surface 

transportation projects. Projects must 

meet statutorily specified eligibility 

criteria to receive credit assistance. 

This notice outlines the process that 

project sponsors must follow in seeking 

TIFIA credit assistance. DOT is 

publishing this notice to give project 

sponsors an opportunity to submit 

Letters of Interest for the newly 

authorized funding as soon as possible. 

However, in addition to authorizing 

more funding for TIFIA credit 

assistance, MAP–21 made some 

significant changes to the TIFIA 

program’s structure, including the terms 

and conditions pursuant to which DOT 

can provide TIFIA credit assistance. 

While this notice provides guidance 

about how DOT will implement some of 

the changes made by MAP–21, it does 

not provide guidance about how DOT 

will implement all of these changes. 

Further information about the changes 

made by MAP–21 and additional DOT 

guidance for implementation of these 

provisions is provided in Part VII below. 

Also, Part VII invites interested parties 

to submit comments about DOT’s 

implementation of MAP–21 and DOT’s 

guidance for awarding TIFIA credit 

assistance. Unless otherwise noted, 

statutory section references in this 

notice are to sections of title 23 of the 

U.S. Code, as amended by MAP–21, 

which takes effect on October 1, 2012. 

Letter of Interest Submission: All 

project sponsors wishing to apply for 

TIFIA credit assistance must first submit 

a Letter of Interest, as more fully 

described in this notice of funding 

availability. Letters of Interest will be 

received on a rolling basis commencing 

on the date hereof, using the form on the 

TIFIA Web site: http:// 

www.fhwa.dot.gov/ipd/tifia/ 

guidance_applications/index.htm. 

Project sponsors that have previously 

submitted Letters of Interest for a prior 

fiscal year’s funding, but have not been 

asked by DOT to submit an application 

as of the date of this notice, must submit 

a new Letter of Interest to be considered 

for the funding described in this notice 

of funding availability. 

Addresses for Letters of Interest: 

Submit all Letters of Interest to the 

attention of Mr. Duane Callender via 

email at: TIFIACredit@dot.gov. 

Submitters should receive a 

confirmation email, but are advised to 

request a return receipt to confirm 

transmission. Only Letters of Interest 

received via email, as provided above, 

shall be deemed properly filed. 

Addresses for Comments: You must 

include the agency name (Office of the 

Secretary of Transportation) and the 

docket number DOT–OST–2012–0130 

with your comments. To ensure your 

comments are not entered into the 

docket more than once, please submit 

comments, identified by the docket 

number DOT–OST–2012–0130, by only 

one of the following methods: 

Web site: The U.S. Government 

electronic docket site is 

www.regulations.gov. Go to this Web 

site and follow the instructions for 

submitting comments into docket 

number DOT–OST–2012–0130; 

Fax: Telefax comments to: 202–366– 

2908. 

Mail: Mail your comments to U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE., Docket 

Operations, M–30, Room W12–140, 

Washington, DC 20590; or 

Hand Delivery: Bring your comments 

to the U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., Docket Operations, M–30, 

West Building Ground Floor, Room 

W12–140, Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Instructions for Submitting 

Comments: You must include the 

agency name (Office of the Secretary of 

Transportation) and Docket number 

DOT–OST–2012–0130 for this notice at 

the beginning of your comments. You 

should submit two copies of your 

comments if you submit them by mail 

or courier. For confirmation that the 

Office of the Secretary of Transportation 

has received your comments you must 

include a self-addressed stamped 

postcard. Note that all comments 

received will be posted without change 

to www.regulations.gov, including any 

personal information provided, and will 

be available to Internet users. You may 

review the Department’s complete 

Privacy Act Statement in the Federal 

Register published April 11, 2000 (65 

FR 19477), or you may visit 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

further information regarding this notice 

please contact Duane Callender via 

email at TIFIACredit@dot.gov or via 

telephone at (202) 366–1059. A TDD is 

available at (202) 366–7687. Substantial 

information, including the TIFIA 

Program Guide and application 

materials, can be obtained from the 

TIFIA Web site: http:// 

www.fhwa.dot.gov/ipd/tifia/. The TIFIA 

Program Guide is being updated to 

reflect changes to the program under 

MAP–21. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Program Funding 

III. Eligible Projects 

IV. Types of Credit Assistance 

V. Eligibility Requirements 

VI. Application Process 

VII. Additional Guidance and Request for 

Comments 

I. Background 

The Transportation Equity Act for the 

21st Century (TEA–21), Public Law 

105–178, 112 Stat. 107, 241 established 

the Transportation Infrastructure 

Finance and Innovation Act of 1998 

(TIFIA), authorizing DOT to provide 

credit assistance in the form of secured 

(direct) loans, lines of credit, and loan 

guarantees to public and private 

applicants for eligible surface 

transportation projects. In 2005, 

Congress enacted the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users (SAFETEA–LU) 

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45412 Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Notices 

1 If the cumulative unobligated and uncommitted 

balance of funding available as of April 1 of any 

fiscal year beginning in FY 2014 is more than 75 

percent of the amount made available for such fiscal 

year, then the Secretary must distribute the amount 

in excess of 75 percent of such amount among the 

States. 

2MAP–21 includes a new provision pursuant to 

which a waiver of TIFIA’s nonsubordination 

requirement may be provided in connection with 

secured loans or lines of credit for public agency 

borrowers having senior bonds under preexisting 

indentures, so long as (i) the TIFIA loan is rated A 

or higher, (ii) the revenue pledge is not affected by 

project performance or is a system pledge and (iii) 

TIFIA is financing 33 percent or less of the eligible 

project costs. However, in such cases, the maximum 

credit subsidy to be paid by the Government may 

not be more than 10 percent of the principal 

amount of the loan, and the obligor is responsible 

to pay any remaining subsidy cost. 

3Limited to 33 percent where the 

nonsubordination requirement is waived, as 

described in footnote 3. 

(Pub. L. 109–59, 119 Stat. 1144), which 

made a number of amendments to TIFIA 

including lowering the estimated project 

cost thresholds and expanding 

eligibility for TIFIA credit assistance. 

On July 6, 2012, the President signed 

into law MAP–21 (Pub. L. 112–141), 

which provided for substantial changes 

in the TIFIA credit program under 

Sections 2001 and 2002 of MAP–21 

(such sections are referred to in MAP– 

21 as the America Fast Forward 

Financing Innovation Act of 2012). This 

notice of funding availability addresses 

certain changes to the TIFIA credit 

program made by MAP–21 and solicits 

Letters of Interest for the funding made 

available under that law. The TIFIA 

program is a departmental program. The 

Office of the Assistant Secretary for 

Budget and Programs and Chief 

Financial Officer oversees the TIFIA 

program and the Joint Program Office on 

behalf of the Secretary, including the 

evaluation of individual projects, and 

provides overall policy direction and 

program decisions for the TIFIA 

program. Final approval of credit 

assistance is reserved for the Secretary. 

II. Program Funding 

MAP–21 authorizes $750 million in 

FY 2013 and $1 billion in FY 2014 in 

TIFIA budget authority from the 

Highway Trust Fund to pay the subsidy 

cost of credit assistance. Additional 

funds may also be available from budget 

authority carried over from previous 

fiscal years. Any budget authority not 

obligated in the fiscal year for which it 

is authorized remains available for 

obligation in subsequent years.1 The 

TIFIA budget authority is subject to an 

annual obligation limitation that may be 

established in appropriations law. Like 

all funds subject to the annual Federalaid obligation ceiling, the amount of 

TIFIA budget authority available in a 

given year may be less than the amount 

authorized for that fiscal year. 

After reductions for administrative 

expenses and application of the annual 

obligation limitation, TIFIA will have 

approximately $690 million available in 

FY 2013 and $920 million in FY 2014 

to provide credit subsidy support to 

projects. Although dependent on the 

individual risk profile of each credit 

instrument, collectively, and based on 

historic subsidy costs, this budget 

authority could support approximately 

$6.9 billion in lending capacity in FY 

2013 and $9.2 billion in lending 

capacity in FY 2014. Given statutory 

changes in the TIFIA credit program 

under MAP–21, and the need to 

calculate credit subsidies on a projectby-project basis, actual lending capacity 

could vary. 

III. Eligible Projects 

DOT has provided TIFIA credit 

assistance across a broad range of 

project types, including a variety of 

transportation modes and the surface 

transportation components of 

multifaceted development and 

redevelopment projects. Generally, 

eligible projects include highway 

projects, passenger rail projects, transit 

and intermodal projects, private rail 

facilities providing public benefit to 

highway users, surface transportation 

infrastructure modifications necessary 

to facilitate direct intermodal transfer 

and access into and out of a port 

terminal, intelligent transportation 

systems, surface transportation projects 

eligible for Federal assistance under title 

23 or title 49 of the U.S. Code, 

international bridges and tunnels, and 

intercity passenger bus or rail facilities 

and vehicles. Additionally, MAP–21 

expands eligibility to include related 

improvement projects grouped together, 

so long as the individual components 

are eligible and the related projects are 

secured by a common pledge. 

IV. Types of Credit Assistance 

DOT may provide credit assistance in 

the form of secured (direct) loans, lines 

of credit, and loan guarantees. These 

types of credit assistance are defined in 

Section 601. The TIFIA credit facility, 

which must have a senior or seniorparity lien in the event of bankruptcy, 

liquidation or insolvency, can be 

subordinate as to cash flows absent such 

an event.2 MAP–21 increases the 

maximum amount for a TIFIA secured 

loan for a project to 49 percent 3 of the 

project’s eligible project costs. For a 

TIFIA line of credit, the maximum 

amount remains at 33 percent of the 

project’s eligible project costs. Project 

sponsors may not include any of the 

fees assessed by TIFIA, or costs related 

to the application process (such as 

charges associated with obtaining the 

required preliminary rating opinion 

letter referenced in Part VI), among 

eligible project costs for the purpose of 

calculating the maximum 49 or 33 

percent credit amount. Project sponsors 

should identify in each Letter of Interest 

the level of funding (including the 

percentage of eligible project costs) 

being requested, as specified in Part VI. 

Section 603(b)(4) provides that the 

interest rate on a secured loan may not 

be less than the yield on U.S. Treasury 

securities of a similar maturity to the 

maturity of the secured loan on the date 

of execution of the loan agreement (for 

lines of credit, Section 604(b)(4) 

provides that the interest rate may not 

be lower than the 30-year rate for U.S. 

Treasury securities, as of the date of 

execution of the line of credit 

agreement) (the Treasury Rate). In 

general, the TIFIA interest rate is equal 

to the Treasury Rate on the date of 

execution of the TIFIA credit 

instrument. However, MAP–21 allows 

for 10 percent of the TIFIA program’s 

budget authority to be provided to rural 

infrastructure projects at a reduced 

interest rate of one-half of the Treasury 

Rate. Rural infrastructure projects are 

defined in MAP–21 as surface 

transportation infrastructure projects 

located in any area other than a city 

with a population of more than 250,000 

inhabitants within the city limits. The 

reduced interest rate applies only to 

rural projects funded with the 10 

percent of budget authority set-aside. 

To the extent adequate funds may not 

be available to provide a reduced 

interest rate to all rural infrastructure 

projects submitting Letters of Interest, 

DOT may prioritize rural infrastructure 

projects to receive the reduced rate 

based on the project’s (i) location 

outside of an urbanized area (as defined 

in Section 101(a)(34)), (ii) alignment 

with MAP–21’s reduced total minimum 

eligible project cost requirement of $25 

million for rural infrastructure projects 

(as noted in Part V below), and (iii) 

readiness to proceed, to avoid 

redistribution pursuant to the directive 

in MAP–21 that any amounts set aside 

for rural infrastructure that remain 

unobligated by June 1 of the fiscal year 

for which the amounts were set aside 

shall be available for obligation by the 

Secretary on projects other than rural 

infrastructure projects. 

In addition, MAP–21 allows existing 

Federal financing instruments for rural 

infrastructure projects to be refinanced 

with TIFIA credit assistance. 

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Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Notices 45413 

4For instance, the revised form no longer requires 

the project sponsor to demonstrate alignment with 

specific selection criteria, which were removed by 

MAP–21. 

V. Eligibility Requirements 

A project must meet all of the 

eligibility criteria set forth in Section 

602(a) to receive TIFIA credit assistance. 

For instance, projects seeking TIFIA 

assistance must meet certain statutory 

threshold requirements for project costs. 

Generally, the minimum size for TIFIA 

projects are those having at least $50 

million in total eligible project costs; 

however, the minimum size for TIFIA 

projects principally involving the 

installation of an intelligent 

transportation system is $15 million. 

MAP–21 requires a minimum of $25 

million in total eligible project costs for 

rural infrastructure projects (as defined 

in Part IV above). 

Each project seeking TIFIA assistance 

must submit an application acceptable 

to the Secretary pursuant to the process 

set forth in this notice, and must satisfy 

applicable State and local transportation 

planning requirements. Each private 

applicant must receive public approval 

for its project as demonstrated by 

satisfaction of the applicable planning 

and programming requirements. Each 

project must have a dedicated revenue 

source to repay the TIFIA loan. Projects 

receiving TIFIA credit assistance have 

been supported by a variety of revenue 

sources, including tolls, user fees, 

payments owing to the obligor under a 

public-private partnership (or 

availability payments), and other 

dedicated revenue sources that also 

secure or fund the project obligations 

(including real estate tax increments, 

interjurisdictional funding agreements 

and room and sales taxes). 

The eligibility criteria also require a 

determination by DOT that the project is 

creditworthy, which must be based on, 

at a minimum: (a) A rate covenant, if 

applicable, (b) adequate coverage 

requirements to ensure repayment, and 

(c) meeting the rating requirements set 

forth in Part VI below. DOT will also 

utilize a report and recommendation 

from an independent financial advisor 

and any other information it needs to 

determine a project’s creditworthiness. 

Section 602(a) further requires that 

each project: (i) Foster (if appropriate) 

partnerships that attract public and 

private investment for the project, (ii) 

enable the project to proceed at an 

earlier date than the project would 

otherwise be able to proceed or reduce 

lifecycle costs (including debt service 

costs) of the project, and (iii) reduce the 

contribution of Federal grant assistance 

for the project. 

MAP–21 provides that all projects 

demonstrate that the construction 

contracting process for the project can 

commence no more than 90 days after 

execution of a TIFIA credit instrument. 

MAP–21 codifies an already-existing 

regulation barring obligation of credit 

assistance for a project until it receives 

a categorical exclusion, finding of no 

significant impact or record of decision, 

pursuant to the National Environmental 

Policy Act. 

VI. Application Process 

MAP–21 establishes a multi-step 

application process for TIFIA credit 

assistance. This process begins with the 

submission of a Letter of Interest and 

determination of eligibility. Only after a 

project sponsor has submitted a Letter of 

Interest and met all statutory eligibility 

requirements will the project sponsor be 

invited to submit an application. 

The Letter of Interest must (i) describe 

the project and the location, purpose, 

and cost of the project, (ii) outline the 

proposed financial plan, including the 

requested credit assistance and the 

proposed obligor, (iii) provide a status 

of environmental review, and (iv) 

provide information regarding 

satisfaction of other eligibility 

requirements of the TIFIA credit 

program. Letters of Interest must be 

submitted using the form on the TIFIA 

Web site: http://www.fhwa.dot.gov/ipd/ 

tifia/guidance_applications/index.htm. 

DOT has revised the form for the Letter 

of Interest to reflect changes made to the 

TIFIA program by MAP–21.4

The Letter of Interest form requires 

project sponsors to provide information 

demonstrating satisfaction (or expected 

satisfaction if permitted by the statute) 

of each of the eligibility requirements 

included in MAP–21. These eligibility 

requirements are outlined above in Part 

V and elsewhere in this notice. 

As described in Part IV, MAP–21 

authorizes DOT to provide TIFIA 

secured loans to finance up to 49 

percent of reasonably anticipated 

eligible project costs, which is 

substantially more than the maximum of 

33 percent that DOT could previously 

provide. The Letter of Interest form 

requires project sponsors requesting 

TIFIA credit assistance to provide a 

rationale for the amount of TIFIA credit 

assistance they are requesting, as a 

percentage of their reasonably 

anticipated eligible project costs. 

Similarly, the revised form requires any 

project sponsor to specify whether it has 

flexibility in its financial plan to finance 

the project with a reduced percentage of 

TIFIA credit assistance. In providing a 

rationale for the amount of credit 

assistance requested, a project sponsor 

can demonstrate that traditional sources 

of financing are not available at feasible 

rates without the TIFIA assistance, or 

that the costs of traditional financing 

options would constrain the sponsor’s 

ability to deliver the project, or that 

delivery of the project through 

traditional financing approaches would 

constrain the sponsor’s ability to deliver 

a group of related projects, or a full 

capital program. This information will 

help DOT ensure that it allocates 

TIFIA’s budget authority effectively. 

Project sponsors must also describe 

the purpose of their project in the Letter 

of Interest form, including the public 

purpose of the project. Project sponsors 

should provide quantitative or 

qualitative information about the public 

benefits that their projects will achieve. 

Examples of public benefits include 

objectives specified in Section 101 and 

49 U.S.C. 101(a) and 5301, other DOT 

grant or credit assistance programs, 

relevant Federal, state, or local 

transportation laws or plans, and other 

public benefits that can be achieved 

through transportation investments. 

DOT will evaluate each Letter of Interest 

to determine whether it would be in the 

public interest to provide credit 

assistance to the proposed project. This 

evaluation of each project’s purpose will 

help DOT ensure accountability in its 

allocation of TIFIA program funds. 

In the context of a public-private 

partnership, where multiple bidders 

may be competing for a concession such 

that the obligor has not yet been 

identified, the procuring agency must 

submit the project’s Letter of Interest on 

behalf of the eventual obligor. DOT will 

not consider Letters of Interest from 

entities that have not obtained rights to 

develop the project. 

Any project sponsor that has 

previously submitted a Letter of Interest 

for a prior fiscal year’s funding, but has 

not been asked by DOT to submit an 

application as of the date of this notice, 

must submit a Letter of Interest using 

the revised form. 

DOT will review each Letter of 

Interest submitted in accordance with 

this NOFA. DOT may contact project 

sponsors for clarification of specific 

information included in the Letter of 

Interest. DOT will notify project 

sponsors if DOT determines that their 

projects are not eligible, or that DOT 

will not be able to continue reviewing 

their Letter of Interest until certain 

eligibility concerns are addressed. If 

DOT does not determine a project to be 

ineligible based on its initial review, 

DOT will request additional information 

to supplement the Letter of Interest and 

complete its eligibility determination. 

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45414 Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Notices 

This information may include, among 

other things, more detailed descriptions 

of the project, the project’s readiness to 

proceed, the project’s financial plan, 

including financial commitments to the 

project from sources other than TIFIA, 

and/or the applicant and its 

organizational structure. Before 

completing its review of a Letter of 

Interest and rendering a determination 

of eligibility, DOT will request that the 

project sponsor provide a preliminary 

rating opinion letter, as further 

described below, and DOT will engage 

an independent financial advisor to 

prepare a report and recommendation 

acceptable in form and substance to 

DOT. DOT may also engage an 

independent legal advisor to help 

complete its evaluation of a project’s 

eligibility. There is no fee to submit a 

Letter of Interest. However, the project 

sponsor must pay fees in the amount of 

$100,000 before DOT hires financial 

and/or legal advisors as part of the 

Letter of Interest review process. These 

fees are due upon request by DOT. 

After concluding its review of the 

Letter of Interest and making a 

determination of eligibility, DOT will 

inform the project sponsor of its 

determination. If a project is determined 

to be eligible, DOT will inform the 

project sponsor that it may submit an 

application. If DOT determines that a 

project is ineligible, it will notify the 

project sponsors of this determination 

and/or that DOT will not be able to 

continue reviewing the Letter of Interest 

until certain eligibility concerns are 

addressed. DOT will review Letters of 

Interest on a rolling basis and invite 

project sponsors to apply once a 

favorable eligibility determination is 

made. 

Prior to execution of a TIFIA credit 

instrument, the senior debt obligations 

for each project receiving TIFIA credit 

assistance must obtain investment grade 

ratings from at least two nationally 

recognized rating agencies, and the 

TIFIA debt obligations must obtain 

ratings from at least two nationally 

recognized rating agencies, unless the 

total amount of the debt is less than $75 

million, in which case only one 

investment grade rating is required for 

the senior debt obligations and one 

rating for the TIFIA debt obligations. 

The term rating agency is defined in 

Section 601(a)(14) and 49 CFR part 80.3. 

If the TIFIA credit instrument is 

proposed as the senior debt, then it 

must receive the investment grade 

ratings. 

To demonstrate the potential to 

achieve the above rating requirements, 

each project sponsor must provide a 

preliminary rating opinion letter from a 

credit rating agency that addresses the 

creditworthiness of the senior debt 

obligations funding the project and 

concludes that there is a reasonable 

probability for the senior debt 

obligations to receive an investment 

grade rating. The preliminary rating 

opinion letter should also provide an 

opinion on the default risk for the TIFIA 

instrument and must provide indicative 

ratings for both the senior debt 

obligations and the TIFIA credit 

instrument. A project that does not 

demonstrate the potential for its senior 

obligations to receive an investment 

grade rating will not be considered for 

TIFIA credit assistance. More detailed 

information about these TIFIA credit 

opinions and ratings may be found in 

the Program Guide on the TIFIA Web 

site at: http://www.fhwa.dot.gov/ipd/ 

tifia/guidance_applications/index.htm. 

As noted elsewhere in this notice of 

funding availability, the Program Guide 

is being updated in light of MAP–21. 

An invitation to apply for credit 

assistance does not guarantee DOT’s 

approval, which will remain subject to 

a project’s continued eligibility, 

including creditworthiness, the 

successful negotiation of terms 

acceptable to the Secretary, and the 

availability of funds. In determining the 

availability of funds, DOT may consider 

other projects seeking credit assistance 

through TIFIA. 

MAP–21 contains a timeline for 

assessing applications for credit 

assistance. No later than 30 days after 

receipt of an application, DOT will 

inform each applicant whether its 

application is complete, or if not 

complete, identify additional materials 

needed to complete the application. No 

later than 60 days after issuing such 

notice, the applicant will be notified 

whether the application is approved or 

disapproved. 

As noted above, the project sponsor 

must pay fees in the amount of $100,000 

before DOT hires financial and/or legal 

advisors as part of the Letter of Interest 

review process. These fees are due upon 

request by DOT. Additional fees will be 

charged after the credit instrument is 

executed, including additional amounts 

required to fully cover TIFIA’s financial 

and legal advisory services costs in 

connection with the evaluation and 

negotiation of terms of TIFIA credit 

assistance for the project. More detailed 

information about these fees can be 

found in the TIFIA Program Guide, 

which is in the process of being updated 

to reflect the changes made by MAP–21: 

http://www.fhwa.dot.gov/ipd/pdfs/tifia/ 

tifia_program_guide_072511.pdf. 

TIFIA borrowers should expect to 

track and report certain information 

with respect to each project’s 

performance. The information may be 

used to assist DOT in determining 

whether TIFIA is meeting the program’s 

goals of leveraging federal funds and 

encouraging private co-investment. DOT 

may also use the information for 

purposes of identifying and measuring 

performance with respect to goals, 

strategies, time frames, resources and 

stakeholder involvement. 

VII. Additional Guidance and Request 

for Comments 

As noted in the Summary section, 

DOT is publishing this notice to give 

project sponsors the opportunity to 

submit Letters of Interest for the newly 

authorized funding as soon as is 

practicable. However, in addition to 

authorizing more funding for TIFIA 

credit assistance, MAP–21 made some 

significant changes to the TIFIA 

program’s structure, including the terms 

and conditions pursuant to which DOT 

can provide TIFIA credit assistance. 

This notice identifies the process for 

submitting letters of interest, and 

provides guidance about how DOT will 

implement some of the changes made by 

MAP–21, but it does not provide 

comprehensive guidance about how 

DOT will implement all of the changes 

made by MAP–21 that become effective 

on October 1, 2012. 

This notice also does not include an 

exhaustive list of statutory and program 

requirements. The Background section 

of this notice identifies the relevant 

laws that govern the TIFIA program. 

MAP–21 provides that the Secretary 

may promulgate such regulations as the 

Secretary determines to be appropriate 

to carry out the TIFIA program. The 

TIFIA regulations (49 CFR part 80), 

which provide specific guidance on the 

program requirements, were last 

updated in 2001, and have not been 

updated to reflect changes enacted in 

SAFETEA–LU and MAP–21. Because 

such existing rules have not been 

updated, MAP–21 should be the basis 

for up-to-date guidance. The primary 

document that the TIFIA program has 

used in recent years to provide 

supplemental program guidance has 

been a ‘‘Program Guide’’ published on 

the TIFIA Web site. DOT expects to 

update the TIFIA Program Guide on the 

TIFIA Web site to reflect changes made 

by MAP–21. For additional guidance, 

applicants are encouraged to check the 

TIFIA program Web site regularly to 

obtain updated programmatic and 

application information. 

Because of the significance of the 

changes made by MAP–21 to the TIFIA 

program, this notice invites interested 

parties to submit comments about 

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Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Notices 45415 

DOT’s implementation of MAP–21 and 

DOT’s guidance for awarding TIFIA 

credit assistance. Interested parties can 

provide comments on any aspect of 

DOT’s implementation of the changes 

made by MAP–21. DOT will consider 

these comments as it continues to 

implement the program and develop 

supplemental program guidance. The 

instructions for submitting comments 

are included below. 

Comments should be sent to DOT by 

September 1, 2012. Late-filed comments 

will be considered to the extent 

practicable. 

Authority: 23 U.S.C. §§ 601–609 (as set 

forth in MAP–21); 49 CFR part 1.48(b)(6); 23 

CFR part 180; 49 CFR part 80; 49 CFR part 

261; 49 CFR part 640. 

Issued on: July 27, 2012. 

Ray LaHood, 

Secretary. 

[FR Doc. 2012–18785 Filed 7–30–12; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Preparation of an Environmental 

Impact Statement for the Redlands; 

Passenger Rail Project in the Cities of 

San Bernardino and Redlands, CA 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Notice of Intent to prepare an 

Environmental Impact Statement/ 

Environmental Impact Report (EIS/EIR). 

SUMMARY: FTA and San Bernardino 

Associated Governments (SANBAG) 

intend to prepare an EIS/EIR for the 

Redlands Passenger Rail Project (RPRP 

or Project). Early in 2012, FTA and 

SANBAG began the preparation of an 

Environmental Assessment (EA)/EIR for 

the RPRP and conducted two scoping 

meetings; one on April 24 in the City of 

Redlands and the other on May 2 in the 

City of San Bernardino. Based on the 

input received from the community, 

including written comment letters, and 

preliminary findings from ongoing 

technical studies, FTA determined that 

an EIS is required. The EIS/EIR will be 

prepared in accordance with regulations 

implementing the National 

Environmental Policy Act (NEPA: 

42 U.S.C. 4321 et seq.) of 1969 and the 

regulations implementing NEPA set 

forth in 40 CFR Parts 1500–1508 and 

23 CFR Part 771, as well as provisions 

of the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU). The 

purpose of this Notice is to: 

• Advise the public that FTA is the 

lead Federal agency; 

• Provide information about the 

proposed project, purpose and need for 

the project, and alternatives to be 

considered; and 

• Invite public and agency 

participation in the EIS process. 

The EIS/EIR will examine alternatives 

to provide a cost-effective, alternative 

travel option for communities located 

along the Redlands Corridor in a way 

that improves transit mobility, travel 

times, and corridor safety. 

DATES: The date, time, and location for 

the public scoping meetings are as 

follows: 

August 14, 2012 

5:30 p.m. to 7:30 p.m. 

ESRI Cafe ́, 380 New York Street, 

Redlands, CA 92373. 

August 15, 2012 

5:30 p.m. to 7:30 p.m. 

San Bernardino Hilton, 1755 South 

Waterman Avenue, San Bernardino, 

CA 92408. 

These locations are accessible by 

persons with disabilities. If special 

translation or signing services or other 

special accommodations are needed, 

please contact Robert Chevez at 

Westbound Communications (909–384– 

8188) at least 48 hours before the 

meeting. 

ADDRESSES: Written comments may be 

submitted to Mitchell A. Alderman, 

P.E., Director of Transit & Rail Programs, 

SANBAG, 1170 W. 3rd St, 2nd Floor, 

San Bernardino, CA 92410, or emailed 

to RPRP_Public_Comments@sanbag.ca.

gov. Written comments may also be 

submitted to Mr. Hymie Luden, City and 

Regional Planner, FTA, Region 9, 201 

Mission Street, Suite 1650 San 

Francisco, CA 94105. 

In accordance with Section 6002 of 

SAFETEA–LU, FTA and SANBAG 

invite comment on the scope of the EIS/ 

EIR, specifically on the Project’s 

purpose and need, the alternatives to be 

evaluated that may address the purpose 

and need, and the potential impacts of 

the alternatives considered. Comments 

on scope of the EIS/EIR must be 

received no later than 5:00 p.m. Pacific 

Standard Time on August 31, 2012. A 

scoping information packet is available 

on the Web site at: http://sanbag.ca.gov/ 

projects/redlands-transit.html or by 

calling Jane Dreher, SANBAG’s Public 

Information Officer (909–884–8276). 

Copies will also be available at the 

scoping meetings. 

SUPPLEMENTARY INFORMATION: 

Purpose and Need for the Project: The 

overall purpose of the Project is to 

provide a cost-effective, travel 

alternative for communities located 

along the Redlands Corridor that would 

improve transit mobility, travel times, 

and corridor safety while minimizing 

adverse environmental impacts. The 

RPRP would provide travelers and 

commuters with a new mobility option 

that would achieve more-efficient travel 

times than automobiles or other transit 

alternatives within an existing corridor. 

The Project is needed because 

population growth has increased 

roadway congestion, which has 

increased commute travel times for 

work and recreational purposes, 

increased the number of hours of lost 

productivity, increased fuel 

consumption, contributed to air 

pollution, interfered with emergency 

response vehicles, and caused spillover 

effects onto secondary and alternative 

routes. SANBAG also needs to maintain 

existing freight service along the 

corridor per its purchase agreement 

with the Burlington Northern Santa Fe 

(BNSF) Railroad. 

Project Location and Environmental 

Setting: The RPRP would introduce 

passenger rail service along an existing 

railroad right-of-way (ROW) from the 

City of San Bernardino on the west to 

the City of Redlands on the east. This 

existing ROW is commonly referred to 

as the Redlands Corridor, an 

approximately 9-mile rail spur segment 

that extends east from E Street in the 

City of San Bernardino. Passenger rail 

service would serve passengers from 

five platforms located at E Street, 

Tippecanoe Avenue, New York Street, 

Orange Street, and University Street. 

SANBAG proposes the construction of a 

single track within a ROW 50 feet wide, 

with a passing siding one-mile long 

located near the midpoint of the 

alignment. Project components would 

include track improvements; boarding 

platforms; passenger amenities such as 

ticket vending machines, shade 

canopies with seating; pedestrian access 

to the public ROW, lighting, parking 

areas; grade crossing improvements; 

utility and traffic improvements; and 

construction of a train layover facility. 

The proposed Project would not include 

the purchase of additional vehicles. 

Passenger rail operations would start in 

2018. 

Possible Alternatives: The EIS/EIR 

will consider alternatives to the 

proposed Project consistent with the 

requirements of NEPA. SANBAG 

anticipates that this may include 

consideration of Alternative 1—No 

Build, Alternative 2—Preferred Project, 

Alternative 3—Reduced Project 

Footprint, Alternative 4—Light Rail 

Transit, Alternative 5—Bus Rapid 

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