23226 Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Notices 

9 17 CFR 200.30–3(a)(12). 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.9

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. E9–11468 Filed 5–15–09; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice 6618] 

In the Matter of the Review of the 

Designation of Revolutionary 

Organization 17 November, as a 

Foreign Terrorist Organization 

Pursuant to Section 219 of the 

Immigration and Nationality Act, as 

Amended 

Based upon a review of the 

Administrative Record assembled in 

this matter pursuant to Section 

219(a)(4)(C) of the Immigration and 

Nationality Act, as amended (8 U.S.C. 

1189(a)(4)(C)) (‘‘INA’’), and in 

consultation with the Attorney General 

and the Secretary of the Treasury, I 

conclude that the circumstances that 

were the basis for the 2003 redesignation of the aforementioned 

organization as a foreign terrorist 

organization have not changed in such 

a manner as to warrant revocation of the 

designation and that the national 

security of the United States does not 

warrant a revocation of the designation. 

Therefore, I hereby determine that the 

designation of the aforementioned 

organization as a foreign terrorist 

organization, pursuant to Section 219 of 

the INA (8 U.S.C. 1189), shall be 

maintained. 

This determination shall be published 

in the Federal Register. 

Dated: April 22, 2009. 

James B. Steinberg, 

Deputy Secretary of State, Department of 

State. 

[FR Doc. E9–11550 Filed 5–15–09; 8:45 am] 

BILLING CODE 4710–10–P 

DEPARTMENT OF STATE 

[Public Notice 6617] 

In the Matter of the Designation of 

Revolutionary Struggle aka 

Epanastatikos Aghonas as a Foreign 

Terrorist Organization Pursuant to 

Section 219 of the Immigration and 

Nationality Act, as Amended 

Based upon a review of the 

Administrative Record assembled in 

this matter, and in consultation with the 

Attorney General and the Secretary of 

the Treasury, I conclude that there is a 

sufficient factual basis to find that the 

relevant circumstances described in 

section 219 of the Immigration and 

Nationality Act, as amended (hereinafter 

‘‘INA’’) (8 U.S.C. 1189), exist with 

respect to Revolutionary Struggle (aka 

Epanastatikos Aghonas). 

Therefore, I hereby designate that 

organization and its alias as a foreign 

terrorist organization pursuant to 

section 219 of the INA. 

This determination shall be published 

in the Federal Register. 

Dated: April 29, 2009. 

Hillary Rodham Clinton, 

Secretary of State, Department of State. 

[FR Doc. E9–11546 Filed 5–15–09; 8:45 am] 

BILLING CODE 4710–10–P 

DEPARTMENT OF STATE 

[Public Notice 6619] 

In the Matter of the Designation of 

Revolutionary Nuclei, a.k.a. 

Revolutionary Cells a.k.a. ELA a.k.a. 

Epanastatiki Pirines a.k.a. 

Epanastatikos Laikos Agonas a.k.a. 

June 78 a.k.a. Liberation Struggle 

a.k.a. Organization of Revolutionary 

Internationalist Solidarity a.k.a. 

Popular Revolutionary Struggle a.k.a. 

Revolutionary People’s Struggle a.k.a. 

Revolutionary Popular Struggle as a 

Foreign Terrorist Organization 

pursuant to Section 219 of the 

Immigration and Nationality Act, as 

Amended 

Based upon a review of the 

Administrative Records assembled in 

this matter pursuant to Section 

219(a)(4)(C) of the Immigration and 

Nationality Act, as amended (8 U.S.C. 

1189(a)(4)(C)) (‘‘INA’’), and in 

consultation with the Attorney General 

and the Secretary of the Treasury, I 

conclude that the circumstances that 

were the basis for the 2003 redesignation of Revolutionary Nuclei as 

a foreign terrorist organization have 

changed in such a manner as to warrant 

a revocation of the designation. 

Therefore, I hereby revoke the 

designation of the aforementioned 

organization as a foreign terrorist 

organization, pursuant to Section 219 of 

the INA (8 U.S.C. 1189). 

This determination shall be published 

in the Federal Register. 

Dated: April 29, 2009. 

Hillary Rodham Clinton, 

Secretary of State, Department of State. 

[FR Doc. E9–11549 Filed 5–15–09; 8:45 am] 

BILLING CODE 4710–10–P 

DEPARTMENT OF STATE 

[Public Notice 6616 ] 

Determination and Certification Under 

Section 40a of the Arms Export Control 

Act 

Pursuant to section 40A of the Arms 

Export Control Act (22 U.S.C. 2781), and 

Executive Order 11958, as amended, I 

hereby determine and certify to the 

Congress that the following countries 

are not cooperating fully with United 

States antiterrorism efforts: Cuba, 

Eritrea, Iran, Democratic People’s 

Republic of Korea (DPRK, or North 

Korea), Syria, Venezuela. 

This determination and certification 

shall be transmitted to the Congress and 

published in the Federal Register. 

Dated: May 8, 2009. 

James B. Steinberg, 

Deputy Secretary of States, Department of 

State. 

[FR Doc. E9–11545 Filed 5–15–09; 8:45 am] 

BILLING CODE 4710–10–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary of 

Transportation 

[Docket No. OST–2009–0115] 

Interim Notice of Funding Availability 

for Supplemental Discretionary Grants 

for Capital Investments in Surface 

Transportation Infrastructure Under 

the American Recovery and 

Reinvestment Act and Request for 

Comments on Grant Criteria 

AGENCY: Office of the Secretary of 

Transportation (‘‘OST’’), DOT. 

ACTION: Interim Notice of Funding 

Availability, Request for Comments on 

Grant Criteria. 

SUMMARY: On February 17, 2009, the 

President of the United States signed the 

American Recovery and Reinvestment 

Act of 2009 (the ‘‘Recovery Act’’) to, 

among other purposes, (1) preserve and 

create jobs and promote economic 

recovery, (2) invest in transportation 

infrastructure that will provide longterm economic benefits, and (3) assist 

those most affected by the current 

economic downturn. The Recovery Act 

appropriated $1.5 billion of 

discretionary grant funds to be awarded 

by the Department of Transportation 

(the ‘‘Department’’) for capital 

investments in surface transportation 

infrastructure. The Department is 

referring to these grants as ‘‘Grants for 

Transportation Investment Generating 

Economic Recovery’’ or ‘‘TIGER 


cprice-sewell on PRODPC61 with NOTICES
Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Notices 23227 

Discretionary Grants.’’ This notice 

requests that applications for TIGER 

Discretionary Grants be submitted by 

September 15, 2009, from State and 

local governments, including U.S. 

territories, tribal governments, transit 

agencies, port authorities, other political 

subdivisions of State or local 

governments, and multi-State or multijurisdictional applicants (‘‘Eligible 

Applicants’’). The funds provided by 

TIGER Discretionary Grants (‘‘Grant 

Funds’’) will be awarded on a 

competitive basis to projects that have a 

significant impact on the Nation, a 

metropolitan area, or a region. 

The Recovery Act allows for up to 

$200 million of the $1.5 billion to be 

used to pay the subsidy and 

administrative costs of the 

Transportation Infrastructure Finance 

and Innovation Act of 1998 (‘‘TIFIA’’) 

program, a Federal credit assistance 

program, if it would further the 

purposes of the TIGER Discretionary 

Grants program. The Department is 

referring to these payments as ‘‘TIGER 

TIFIA Payments.’’ The Department 

estimates that $200 million of TIGER 

TIFIA Payments could support 

approximately $2 billion in TIFIA credit 

assistance. Applicants for TIGER TIFIA 

Payments will be required to submit an 

application pursuant to this notice and 

a separate TIFIA loan application. 

Additional details are included below in 

Section VI (TIGER TIFIA Payments). 

Unless otherwise noted, or the context 

requires otherwise, references in this 

notice to TIGER Discretionary Grants 

include TIGER TIFIA Payments. 

This notice announces the availability 

of funding for TIGER Discretionary 

Grants, project selection criteria, 

application requirements and the 

deadline for submitting applications. 

However, because this is a new 

program, this notice also requests 

comments on the proposed selection 

criteria and guidance for awarding 

TIGER Discretionary Grants. The 

Department will take all comments into 

consideration and may publish a 

supplemental notice revising some 

elements of this notice. If the 

Department determines that no 

substantive changes need to be made in 

this notice, the Department will respond 

to all comments when it publishes a 

Federal Register notice announcing the 

successful applications. If substantive 

changes are necessary, the Department 

will publish a supplemental Federal 

Register notice and request for 

applications by June 17, 2009. 

Depending on the nature of the 

comments and the number of initial 

applications received, the Department 

may award funds based on the initial 

applications without publishing a 

supplemental notice. In addition, in the 

event that this solicitation does not 

result in the award and obligation of all 

available funds, the Department may 

decide to publish an additional 

solicitation. 

DATES: Comments must be received by 

June 1, 2009. Late-filed comments will 

be considered to the extent practicable. 

Complete applications for TIGER 

Discretionary Grants must be submitted 

by September 15, 2009 (the 

‘‘Application Deadline’’). Due to the 

need to expedite the grant award 

process to meet the requirements and 

purposes of the Recovery Act, the 

Department will evaluate all 

applications and announce the projects 

that have been selected to receive Grant 

Funds as soon as possible after the 

Application Deadline, but no later than 

February 17, 2010. In addition, in the 

event that this solicitation does not 

result in the award and obligation of all 

available funds, the Department may 

decide to publish an additional 

solicitation. 

ADDRESSES: For Comments: You must 

include the agency name (Office of the 

Secretary of Transportation) and the 

docket number [OST–2009–0115] with 

your comments. To ensure your 

comments are not entered into the 

docket more than once, please submit 

comments, identified by the docket 

number [OST–2009–0115], 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 [OST–2009–0115]; 

Fax: Telefax comments to [OST– 

2009–0115]; 

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 

[OST–2009–0115] 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 selfaddressed 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 Applications: Applications must 

be submitted to the TIGER Discretionary 

Grants program manager electronically 

via e-mail at TIGERGrants@dot.gov. 

Applicants should receive a 

confirmation e-mail, but are advised to 

request a return receipt to confirm 

transmission. Only applications 

received via e-mail as provided above 

shall be deemed properly filed. 

FOR FURTHER INFORMATION CONTACT: For 

further information concerning this 

notice please contact the TIGER 

Discretionary Grants program manager 

via e-mail at TIGERGrants@dot.gov. A 

TDD is available at 202–366–7687. 

SUPPLEMENTARY INFORMATION: In 

addition to announcing funding 

availability, project selection criteria, 

application requirements and the 

deadline for submitting applications, 

this notice also requests comments on 

the proposed selection criteria and 

guidance for awarding TIGER 

Discretionary Grants. The Department 

will take all comments into 

consideration and may publish a 

supplemental notice revising some 

elements of this notice. If the 

Department determines that no 

substantive changes need to be made in 

this notice, the Department will respond 

to all comments when it publishes a 

Federal Register notice announcing the 

successful applications. If substantive 

changes are necessary, the Department 

will publish a supplemental Federal 

Register notice and request for 

applications by June 17, 2009. 

Depending on the nature of the 

comments and the number of initial 

applications received, the Department 

may award funds based on the initial 

applications without publishing a 

supplemental notice. In addition, in the 

event that this solicitation does not 

result in the award and obligation of all 

available funds, the Department may 

decide to publish an additional 

solicitation. 

Table of Contents 

I. Background 

II. Selection Criteria and Guidance on 

Application of Selection Criteria 


cprice-sewell on PRODPC61 with NOTICES
23228 Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Notices 

III. Evaluation and Selection Process 

IV. Grant Administration 

V. Waiver of Minimum Grant Size 

Requirement 

VI. TIGER TIFIA Payments 

VII. Contents of Application 

VIII. Project Benefits 

IX. Reporting Requirements 

X. Certification Requirements 

XI. Questions and Clarifications 

I. Background 

On February 17, 2009, the President 

of the United States signed the Recovery 

Act in order to, among other purposes, 

(1) preserve and create jobs and promote 

economic recovery, (2) invest in 

transportation and other infrastructure 

that will provide long-term economic 

benefits, and (3) assist those most 

affected by the current economic 

downturn. 

The Recovery Act appropriated $1.5 

billion of supplemental discretionary 

grant funding for TIGER Discretionary 

Grants. These funds are available for 

obligation to Eligible Applicants until 

September 30, 2011. Pursuant to the 

Recovery Act, TIGER Discretionary 

Grants are to be awarded on a 

competitive basis to projects that have a 

significant impact on the Nation, a 

metropolitan area, or a region. 

Projects that are eligible for TIGER 

Discretionary Grants under the Recovery 

Act (‘‘Eligible Projects’’) include, but are 

not limited to: (1) Highway or bridge 

projects eligible under title 23, United 

States Code, including interstate 

rehabilitation, improvements to the 

rural collector road system, the 

reconstruction of overpasses and 

interchanges, bridge replacements, 

seismic retrofit projects for bridges, and 

road realignments; (2) public 

transportation projects eligible under 

chapter 53 of title 49, United States 

Code, including investments in projects 

participating in the New Starts or Small 

Starts programs that will expedite the 

completion of those projects and their 

entry into revenue service; (3) passenger 

and freight rail transportation projects; 

and (4) port infrastructure investments, 

including projects that connect ports to 

other modes of transportation and 

improve the efficiency of freight 

movement. Federal wage rate 

requirements included in subchapter IV 

of chapter 31 of title 40, United States 

Code, apply to all projects receiving 

funds. 

The Recovery Act specifies that grants 

funded under the program may be no 

less than $20 million and no greater 

than $300 million. However, the 

Recovery Act gives the Department 

discretion to waive the $20 million 

minimum grant size for the purpose of 

funding significant projects in smaller 

cities, regions, or States (‘‘Smaller 

Projects’’). The term ‘‘grant’’ in this 

provision of the Recovery Act does not 

include TIGER TIFIA Payments. 

Pursuant to the Recovery Act, no 

more than 20 percent of the funds made 

available under this program may be 

awarded to projects in a single State. 

The Department must take measures to 

ensure an equitable geographic 

distribution of funds and an appropriate 

balance in addressing the needs of 

urban and rural communities. TIGER 

Discretionary Grants may be used for up 

to 100 percent of project costs, but 

priority must be given to projects for 

which Federal funding is required to 

complete an overall financing package 

that includes non-Federal sources of 

funds. Priority must also be given to 

projects that can be completed by 

February 17, 2012. 

The Recovery Act permits up to $200 

million of the $1.5 billion appropriated 

to be used for TIGER TIFIA Payments at 

the Department’s discretion if it would 

further the purposes of the TIGER 

Discretionary Grants program. TIFIA is 

a Federal credit assistance program that 

provides secured loans, loan guarantees 

and lines of credit to borrowers for up 

to 33 percent of the costs of major 

surface transportation projects. 

On March 20, 2009, the President of 

the United States signed a memorandum 

for the heads of executive departments 

and agencies on ensuring responsible 

spending of Recovery Act funds. The 

memorandum directs the Department to 

develop transparent, merit-based 

selection criteria to guide the 

commitment, obligation and 

expenditure of TIGER Discretionary 

Grant funds. 

The memorandum directs 

departments and agencies to award 

TIGER Discretionary Grants to projects 

with a demonstrated or potential ability 

to: ‘‘(i) Deliver programmatic results; (ii) 

achieve economic stimulus by 

optimizing economic activity and the 

number of jobs created or saved in 

relation to the Federal dollars obligated; 

(iii) achieve long-term public benefits 

by, for example, investing in 

technological advances in science and 

health to increase economic efficiency 

and improve quality of life; investing in 

transportation, environmental 

protection, and other infrastructure that 

will provide long-term economic 

benefits; fostering energy independence; 

or improving educational quality; and 

(iv) satisfy the Recovery Act’s 

transparency and accountability 

objectives.’’ 

The purpose of this notice is to solicit 

applications from Eligible Applicants 

interested in receiving funds under this 

program and to request comments on 

the selection criteria and guidance 

outlined in this notice. 

II. Selection Criteria and Guidance on 

Application of Selection Criteria 

This section specifies the criteria that 

the Department will use to evaluate 

applications. The criteria incorporate 

the limited statutory eligibility 

requirements for this program, which 

are specified in this notice as relevant. 

This section is split into three parts. 

Section A (Selection Criteria) specifies 

the criteria that the Department will use 

to rate projects. Additional guidance 

about how the Department will apply 

these criteria, including illustrative 

metrics and examples, is provided in 

Section B (Additional Guidance on 

Selection Criteria). Section C (ProgramSpecific Criteria) explains how the 

Department is going to use certain 

program-specific criteria to help 

differentiate between similar projects 

(for example, multiple bridge 

replacement projects, or multiple New 

Starts projects). The program-specific 

criteria will not be rated as the selection 

criteria are rated, but rather will be used 

to assign priority among similar projects 

during the evaluation and selection 

process. As stated below in Section 

VII(F) (Contents of Application, 

Selection Criteria), applicants should 

address both the selection criteria and 

the program-specific criteria in their 

applications. 

A. Selection Criteria 

TIGER Discretionary Grants will be 

awarded based on the selection criteria 

as outlined below. There are two 

categories of selection criteria, ‘‘Primary 

Selection Criteria’’ and ‘‘Secondary 

Selection Criteria.’’ 

The Primary Selection Criteria 

include (1) Long-Term Outcomes and 

(2) Jobs Creation & Economic Stimulus. 

The Secondary Selection Criteria 

include (1) Innovation and (2) 

Partnership. The Primary Selection 

Criteria are intended to capture the 

primary objectives of the TIGER 

Discretionary Grants provision of the 

Recovery Act, which include near-term 

economic recovery and job creation, 

maximization of long-term economic 

benefits and impacts on the Nation, a 

region, or a metropolitan area, and 

assistance for those most affected by the 

current economic downturn. The 

Secondary Selection Criteria are 

intended to capture the benefits of new 

and/or innovative approaches to 

achieving programmatic objectives. 


cprice-sewell on PRODPC61 with NOTICES
Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Notices 23229 

1. Primary Selection Criteria 

(a) Long-Term Outcomes 

The Department will give priority to 

projects that have a significant impact 

on desirable long-term outcomes for the 

Nation, a metropolitan area, or a region. 

Applications that do not demonstrate a 

likelihood of significant long-term 

benefits in this criterion will not 

proceed in the evaluation process. The 

following types of long-term outcomes 

will be given priority: 

(i) State of Good Repair: Improving 

the condition of existing transportation 

facilities and systems, with particular 

emphasis on projects that minimize lifecycle costs. 

(ii) Economic Competitiveness: 

Contributing to the economic 

competitiveness of the United States 

over the medium- to long-term. 

(iii) Livability: Improving the quality 

of living and working environments and 

the experience for people in 

communities across the United States. 

(iv) Sustainability: Improving energy 

efficiency, reducing dependence on oil, 

reducing greenhouse gas emissions and 

benefitting the environment. 

(v) Safety: Improving the safety of 

U.S. transportation facilities and 

systems. 

(b) Job Creation & Economic Stimulus 

Consistent with the purposes of the 

Recovery Act, the Department will give 

priority to projects that are expected to 

quickly create and preserve jobs and 

stimulate rapid increases in economic 

activity, particularly jobs and activity 

that benefit economically distressed 

areas as defined by section 301 of the 

Public Works and Economic 

Development Act of 1965, as amended 

(42 U.S.C. 3161) (‘‘Economically 

Distressed Areas’’). 

2. Secondary Selection Criteria 

(a) Innovation 

The Department will give priority to 

projects that use innovative strategies to 

pursue the long-term outcomes outlined 

above. 

(b) Partnership 

The Department will give priority to 

projects that demonstrate strong 

collaboration among a broad range of 

participants and/or integration of 

transportation with other public service 

efforts. 

B. Additional Guidance on Selection 

Criteria 

The following additional guidance 

explains how the Department will 

evaluate each of the selection criteria 

identified above in Section II(A) 

(Selection Criteria). Applicants are 

encouraged to demonstrate the 

responsiveness of a project to any and 

all of the selection criteria with the most 

relevant information that applicants can 

provide, regardless of whether such 

information has been specifically 

requested, or identified, in this notice. 

Any such information shall be 

considered part of the application, not 

supplemental, for purposes of the 

application size limits specified below 

in Section VII(A) (Length of 

Application). 

1. Primary Selection Criteria 

(a) Long-Term Outcomes 

In order to measure a project’s 

alignment with this criterion, the 

Department will assess the public 

benefits generated by the project, as 

measured by the extent to which a 

project produces one or more of the 

following outcomes. 

(i) State of Good Repair: In order to 

determine whether the project will 

improve the condition of existing 

transportation facilities or systems, 

including whether life-cycle costs will 

be minimized, the Department will 

assess (i) whether the project is part of, 

or consistent with, relevant state, local 

or regional efforts to maintain 

transportation facilities or systems in a 

state of good repair, (ii) whether an 

important aim of the project is to 

rehabilitate, reconstruct or upgrade 

surface transportation projects that 

threaten future economic growth and 

stability due to their poor condition, (iii) 

whether the project is appropriately 

capitalized up front and uses asset 

management approaches that optimize 

its long-term cost structure, and (iv) the 

extent to which a sustainable source of 

revenue is available for long-term 

operations and maintenance of the 

project. The application should include 

any quantifiable metrics of the facility 

or system’s current condition and 

performance and, to the extent possible, 

projected condition and performance, 

with an explanation of how the project 

will improve the facility or system’s 

condition, performance and/or longterm cost structure. 

(ii) Economic Competitiveness: In 

order to determine whether a project 

promotes the economic competitiveness 

of the United States, the Department 

will assess whether the project will 

measurably contribute over the longterm to growth in employment, 

production or other high value 

economic activity. For purposes of 

aligning a project with this outcome, 

applicants should provide evidence of 

the long-term economic benefits that are 

provided by the completed project, not 

the near-term economic benefits of 

construction that are captured in the 

Jobs Creation & Economic Stimulus 

criterion. In weighing long-term 

employment benefits, the quality of jobs 

supported will be considered as well as 

number of jobs and whether these jobs 

are expected to provide employment in 

Economically Distressed Areas. Priority 

consideration will be given to projects 

that: (i) Improve long term efficiency, 

reliability or cost-competitiveness in the 

movement of workers or goods, or (ii) 

make improvements that allow for 

expansion, hiring, or other growth of 

private sector production at specific 

locations, particularly Economically 

Distressed Areas. Applicants may 

propose other methods of demonstrating 

a project’s contribution to the economic 

competitiveness of the country and such 

methods will be reviewed on a case by 

case basis. 

Economic competitiveness may be 

demonstrated by the project’s ability to 

increase the efficiency and effectiveness 

of the transportation system through 

integration or better use of all existing 

transportation infrastructure (which 

may be evidenced by the project’s 

involvement with or benefits to more 

than one mode and/or its compatibility 

with and preferably augmentation of the 

capacities of connecting modes and 

facilities), but only to the extent that 

these enhancements lead to the 

economic benefits that are identified in 

the preceding paragraph. 

(iii) Livability: Livability investments 

are projects that not only deliver 

transportation benefits, but are also 

designed and planned in such a way 

that they have a positive impact on 

qualitative measures of community life. 

This element of long-term outcomes 

delivers benefits that are inherently 

difficult to measure. However, it is 

implicit to livability that its benefits are 

shared and therefore magnified by the 

number of potential users in the affected 

community. Therefore, descriptions of 

how projects enhance livability should 

include a description of the affected 

community and the scale of the project’s 

impact. In order to determine whether a 

project improves the quality of the 

living and working environment of a 

community, the Department will 

qualitatively assess whether the project: 

(1) Will significantly enhance user 

mobility through the creation of more 

convenient transportation options for 

travelers; 

(2) Will improve existing 

transportation choices by enhancing 

points of modal connectivity or by 

reducing congestion on existing modal 

assets; 


cprice-sewell on PRODPC61 with NOTICES
23230 Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Notices 

(3) Will improve accessibility and 

transport services for economically 

disadvantaged populations, non-drivers, 

senior citizens, and persons with 

disabilities, or to make goods, 

commodities, and services more readily 

available to these groups; and/or 

(4) Is the result of a planning process 

which coordinated transportation and 

land-use planning decisions and 

encouraged community participation in 

the process. 

Livability improvements may include 

projects for new or improved biking and 

walking infrastructure. Particular 

attention will be paid to the degree to 

which such projects contribute 

significantly to broader traveler mobility 

through intermodal connections, or 

improved connections between 

residential and commercial areas. 

(iv) Sustainability: In order to 

determine whether a project promotes a 

more environmentally sustainable 

transportation system, the Department 

will assess its ability to: 

(1) improve energy efficiency, reduce 

dependence on oil and/or reduce 

greenhouse gas emissions; applicants 

are encouraged to provide quantitative 

information regarding expected 

reductions in emissions of CO2 or fuel 

consumption as a result of the project, 

or expected use of clean or alternative 

sources of energy; projects that 

demonstrate a projected decrease in the 

movement of people or goods by less 

energy-efficient vehicles or systems will 

be given priority under this factor; and 

(2) maintain, protect or enhance the 

environment, as evidenced by its 

avoidance of adverse environmental 

impacts (for example, adverse impacts 

related to air quality, wetlands, and 

endangered species) and/or by its 

environmental benefits (for example, 

improved air quality, wetlands creation 

or improved habitat connectivity). 

Applicants are encouraged to provide 

quantitative information that validates 

the existence of substantial 

transportation-related costs related to 

energy consumption and adverse 

environmental effects and evidence of 

the extent to which the project will 

reduce or mitigate those costs. 

(v) Safety: In order to determine 

whether the project improves safety, the 

Department will assess the project’s 

ability to reduce the number, rate and 

consequences of surface transportationrelated crashes, and injuries and 

fatalities among drivers and/or nondrivers in the United States or in the 

affected metropolitan area or region, 

and/or its contribution to the 

elimination of highway/rail grade 

crossings, the protection of pipelines, or 

the prevention of unintended release of 

hazardous materials. 

Evaluation of Expected Project Costs 

and Benefits: The Department believes 

that benefit cost analysis (‘‘BCA’’), 

including the monetization and 

discounting of costs and benefits to a 

common unit of measurement in present 

day dollars, is an important discipline. 

For BCA to yield useful results, the 

Department believes that full 

consideration of cost and benefits is 

necessary. These range from factors 

traditionally considered, including fuel 

savings and travel time benefits, to some 

that have not traditionally been 

considered, such as greenhouse gas 

emissions, water quality impacts, public 

health effects, and others. In addition, to 

be fully useful, BCA should attempt to 

capture the dynamic effects that 

transportation investments can have on 

land use and household budgets. The 

systematic process of comparing 

expected benefits and costs helps 

decision-makers organize information 

about, and determine trade-offs 

between, alternative transportation 

investments. The Department has 

responsibility under Executive Order 

12893, Principles for Federal 

Infrastructure Investments, 59 FR 4233, 

to base infrastructure investments on 

systematic analysis of expected benefits 

and costs, including both quantitative 

and qualitative measures. 

Therefore, applicants for TIGER 

Discretionary Grants are generally 

required to identify, quantify, and 

compare expected benefits and costs, 

subject to the following qualifications: 

This requirement will be waived for 

applicants seeking waivers of the $20 

million minimum grant size 

requirement for Smaller Projects. 

Any applicant seeking a TIGER 

Discretionary Grant of more than $20 

million but less than $100 million must 

include in its application estimates of 

the project’s expected benefits in the 

five long-term outcomes identified in 

this Section II(A)(1)(a). The lack of a 

useful analysis of expected project 

benefits may be ground for denying 

award of a TIGER Discretionary Grant to 

any such applicant. 

Any applicant seeking a TIGER 

Discretionary Grant in excess of $100 

million must provide a well-developed 

analysis of expected benefits and costs, 

including a description of input and 

output requirements and other 

methodological standards used for the 

analysis. The analysis should indicate 

the value that was assigned for 

qualitative measures, in addition to 

quantitative measures. Where 

information on costs and benefits, 

including consideration of externalities, 

is of sufficient quality and completeness 

to allow for a robust assessment of a 

project’s benefit cost ratio, this analysis 

should be presented. In doing so, 

applicants should discuss the effects 

that better or more complete 

information would be likely to have on 

the benefit cost ratio presented and the 

reasons such information was not 

available for analysis. Where quality or 

completeness of data is not sufficient to 

allow a meaningful assessment of 

whether a project’s benefit cost ratio is 

positive or negative, applicants should 

discuss the data limitations that lead to 

this conclusion and present a qualitative 

comparison of costs and benefits. The 

lack of a useful analysis comparing 

expected benefits and costs for any such 

project may be ground for denying 

award of a TIGER Discretionary Grant to 

such an applicant. 

The Department is still considering 

how best to implement this requirement 

for applicants seeking TIGER 

Discretionary Grants in excess of $100 

million. The Department therefore 

requests comments on appropriate input 

and output requirements, 

methodological standards, and other 

characteristics of this analysis. 

Comments are also requested on how 

this approach might best be applied to 

criteria that do not readily lend 

themselves to monetization. As soon as 

possible after the comment period, DOT 

will publish more detailed guidance on 

the analysis required for applicants 

seeking TIGER Discretionary Grants in 

excess of $100 million. 

In all cases, if it is clear to the 

Department that the total benefits of a 

project are not reasonably likely to 

outweigh the project’s costs, the 

Department will not award a TIGER 

Discretionary Grant to the project. 

Consistent with the broader goals of the 

Recovery Act and the specific 

appropriation for the TIGER 

Discretionary Grants program, the 

Department can consider some factors 

that do not readily lend themselves to 

monetization, including equity, and 

distributional, geographic and other 

considerations. 

Evaluation of Project Performance: 

The Department also encourages 

applicants with the requisite 

wherewithal to provide a plan for 

evaluating the success of the project (or 

a program of projects) and measuring 

short- and long-term performance, 

specifically with respect to the 

economic recovery measures and longterm outcomes specified in this notice. 

(b) Job Creation & Economic Stimulus 

In order to measure a project’s 

alignment with this criterion, the 


cprice-sewell on PRODPC61 with NOTICES
Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Notices 23231 

Department will assess whether the 

project promotes the short- or long-term 

creation or preservation of jobs and 

whether the project rapidly promotes 

new or expanded business opportunities 

during construction of the project or 

thereafter. Demonstration of a project’s 

rapid economic impact is critical to a 

project’s alignment with this criterion. 

Applicants are encouraged to provide 

information to assist the Department in 

making these assessments, including the 

total amount of funds that will be 

expended on construction and 

construction-related activities by all of 

the entities participating in the project 

and, to the extent measurable, the 

number and type of jobs to be created 

and/or preserved by the project during 

construction and thereafter. Applicants 

should also identify any business 

enterprises to be created or benefited by 

the project during its construction and 

once it becomes operational. 

Consistent with the Recovery Act, the 

Updated Implementing Guidance for the 

American Recovery and Reinvestment 

Act of 2009 issued by the Office of 

Management and Budget (‘‘OMB’’) on 

April 3, 2009 (the ‘‘OMB Guidance’’), 

and federal laws guaranteeing equal 

opportunity, applicants are encouraged 

to provide information to assist the 

Department in assessing (1) whether the 

project will promote the creation of job 

opportunities for low-income workers 

through the use of best practice hiring 

programs and utilization of 

apprenticeship (including preapprenticeship) programs; (2) whether 

the project will provide maximum 

practicable opportunities for small 

businesses and disadvantaged business 

enterprises, including veteran-owned 

small businesses and service disabled 

veteran-owned small businesses; (3) 

whether the project will make effective 

use of community-based organizations 

in connecting disadvantaged workers 

with economic opportunities; (4) 

whether the project will support entities 

that have a sound track record on labor 

practices and compliance with federal 

laws ensuring that American workers 

are safe and treated fairly; and (5) 

whether the project implements best 

practices, consistent with our nation’s 

civil rights and equal opportunity laws, 

for ensuring that all individuals— 

regardless of race, gender, age, 

disability, and national origin—benefit 

from the Recovery Act. 

To the extent possible, applicants 

should indicate whether the 

populations most likely to benefit from 

the creation or preservation of jobs or 

new or expanded business opportunities 

are from Economically Distressed Areas. 

In addition, to the extent possible, 

applicants should indicate whether the 

project’s procurement plan is likely to 

create follow-on jobs and economic 

stimulus for manufacturers and 

suppliers that support the construction 

industry. A key consideration in 

assessing projects under this criterion 

will be how quickly jobs are created. 

Consistent with Section 1602 of the 

Recovery Act (Preference for QuickStart Activities), the Department will 

assess whether a project is ready to 

proceed rapidly upon receipt of a TIGER 

Discretionary Grant, as evidenced by: 

(i) Project Schedule: A feasible and 

sufficiently detailed project schedule 

demonstrating that the project can begin 

construction quickly upon receipt of a 

TIGER Discretionary Grant and that the 

Grant Funds will be spent steadily and 

expeditiously once construction starts; 

the schedule should show how many 

direct, on-project jobs are expected to be 

created or sustained during each 

calendar quarter after the project is 

underway; 

(ii) Environmental Approvals: Receipt 

(or reasonably anticipated receipt) of all 

environmental approvals necessary for 

the project to proceed to construction on 

the timeline specified in the project 

schedule, including satisfaction of all 

Federal, State and local requirements 

and completion of the National 

Environmental Policy Act process; 

(iii) Legislative Approvals: Receipt of 

all necessary legislative approvals (for 

example, legislative authority to charge 

user fees or set toll rates), and evidence 

of support from State and local officials, 

including relevant governor(s) and/or 

mayors. Evidence of support from all 

relevant State and local officials is not 

required, however, the evidence should 

demonstrate that the project is broadly 

supported; 

(iv) State and Local Planning: The 

inclusion of the project in the relevant 

State, metropolitan, and local planning 

documents, or a certification from the 

appropriate agency that the project will 

be included in the relevant planning 

document prior to award of a TIGER 

Discretionary Grant; 

(v) Technical Feasibility: The 

technical feasibility of the project, 

including completion of substantial 

preliminary engineering work; and 

(vi) Financial Feasibility: The viability 

and completeness of the project’s 

financing package (assuming the 

availability of the requested TIGER 

Discretionary Grant funds), including 

evidence of stable and reliable financial 

commitments and contingency reserves, 

as appropriate, and evidence of the 

grant recipient’s ability to manage 

grants. 

The Department reserves the right to 

revoke any award of TIGER 

Discretionary Grant funds and to award 

such funds to another project to the 

extent that such funds are not timely 

expended and/or construction does not 

begin in accordance with the project 

schedule. Because projects have 

different schedules the Department will 

consider on a case-by-case basis how 

much time after award of a TIGER 

Discretionary Grant each project has 

before funds must be expended and 

construction started. This deadline will 

be specified for each TIGER 

Discretionary Grant in the projectspecific grant agreements signed by the 

grant recipients and will be based on 

critical path items identified by 

applicants in response to items (i) 

through (vi) above. For example, if an 

applicant reasonably anticipates that 

National Environmental Policy Act 

requirements will be completed and 

final documentation received within 30 

to 60 days of award of a TIGER 

Discretionary Grant, this timeframe will 

be taken into account in evaluating the 

application, but also in establishing a 

deadline for expenditure of funds and 

commencement of construction. The 

Department’s ability to obligate funds 

for TIGER Discretionary Grants expires 

on September 30, 2011. 

In compliance with the Recovery Act, 

the Department will give priority to 

projects that are expected to be 

completed on or before February 17, 

2012. For purposes of this solicitation, 

‘‘completed’’ means that all of the 

TIGER Discretionary Grant funds 

awarded to the project have been 

obligated and expended and 

construction of the project is 

substantially complete. 

The ability of the grant recipient to 

complete the project by this date must 

be clearly demonstrated in the project 

schedule. The Department will give 

priority to projects that utilize 

innovative contracting approaches that 

encourage accelerated project delivery. 

The Department will consider projects 

that are not expected to be completed by 

February 17, 2012, but these projects 

will not be rated as highly under this 

criterion. 

2. Secondary Selection Criteria 

(a) Innovation 

In order to measure a project’s 

alignment with this criterion, the 

Department will assess the extent to 

which the project uses innovative 

technology (including, for example, 

intelligent transportation systems, 

dynamic pricing, rail wayside or onboard energy recovery, smart cards, realVerDate Nov<24>2008 14:36 May 15, 2009 Jkt 217001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\18MYN1.SGM 18MYN1

cprice-sewell on PRODPC61 with NOTICES
23232 Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Notices 

time dispatching, active traffic 

management, radio frequency 

identification (RFID), or others) to 

pursue one or more of the long-term 

outcomes outlined above and/or to 

significantly enhance the operational 

performance of the transportation 

system. The Department will also assess 

the extent to which the project 

incorporates innovations that 

demonstrate the value of new 

approaches to, among other things, 

transportation funding and finance, 

contracting, project delivery, congestion 

management, safety management, asset 

management, or long-term operations 

and maintenance. The applicant should 

clearly demonstrate that the innovation 

is designed to pursue one or more of the 

long-term outcomes outlined above and/ 

or significantly enhance the 

transportation system. 

(b) Partnership 

(i) Jurisdictional & Stakeholder 

Collaboration: In order to measure a 

project’s alignment with this criterion, 

the Department will assess the project’s 

involvement of non-Federal entities and 

the use of non-Federal funds, including 

the scope of involvement and share of 

total funding. The Department will give 

priority to projects that receive financial 

commitments from, or otherwise 

involve, State and local governments, 

other public entities, or private or 

nonprofit entities, including projects 

that engage parties that are not 

traditionally involved in transportation 

projects, such as nonprofit community 

groups. Pursuant to the OMB Guidance, 

the Department will give priority to 

projects that make effective use of 

community-based organizations in 

connecting disadvantaged people with 

economic opportunities. 

In compliance with the Recovery Act, 

the Department will give priority to 

projects for which a TIGER 

Discretionary Grant will help to 

complete an overall financing package. 

An applicant should clearly 

demonstrate the extent to which the 

project cannot be readily and efficiently 

completed without Federal assistance, 

and the extent to which other sources of 

Federal assistance are or are not readily 

available for the project, including other 

funds made available pursuant to the 

Recovery Act. The Department will 

assess the amount of private debt and 

equity to be invested in the project or 

the amount of co-investment from State, 

local or other non-profit sources. 

The Department will also assess the 

extent to which the project 

demonstrates collaboration among 

neighboring or regional jurisdictions to 

achieve National, regional or 

metropolitan benefits. Multiple States or 

jurisdictions may submit a joint 

application and should identify a lead 

State or jurisdiction as the primary 

point of contact. Where multiple States 

are submitting a joint application, the 

application should demonstrate how the 

project costs are apportioned between 

the States to assist the Department in 

making the distributional 

determinations described below in 

Section III(C) (Distribution of Funds). 

(ii) Disciplinary Integration: In order 

to demonstrate the value of partnerships 

across government agencies that serve 

the various public service missions 

forwarded by the Recovery Act and to 

promote collaboration on the objectives 

outlined in this notice, the Department 

will give priority to projects that are 

supported, financially or otherwise, by 

non-transportation public agencies that 

are pursuing similar objectives. For 

example, the Department will give 

priority to transportation projects that 

create more livable communities and are 

supported by relevant public housing 

agencies, or transportation projects that 

encourage energy efficiency or improve 

the environment and are supported by 

relevant public agencies with energy or 

environmental missions. 

C. Program-Specific Criteria 

The Department will use certain 

program-specific criteria in the 

evaluation and selection process to help 

differentiate between similar projects. 

Similar projects are those that have 

similar characteristics and satisfy the 

eligibility requirements of existing 

programmatic structures (for example, 

two urban light rail projects eligible to 

participate in the New Starts program). 

To the extent two or more similar 

projects have similar ratings based on 

the selection criteria outlined in Section 

II(A) (Selection Criteria), the programspecific criteria will be used to assign 

priority among these projects. 

Projects will not be given specific 

ratings of ‘‘highly recommended,’’ 

‘‘recommended’’ or ‘‘not recommended’’ 

for applicable program-specific criteria; 

rather, the Department will use the 

program-specific criteria to rank similar 

projects. To the extent otherwise similar 

projects can be differentiated based on 

the selection criteria, program-specific 

criteria will not be given any weight. 

The program-specific criteria are not 

intended to limit the number of similar 

projects that can receive TIGER 

Discretionary Grants. 

Program-specific criteria will only be 

applied to the types of projects 

identified below. Any other type of 

project will be differentiated from other 

similar projects solely based on the 

selection criteria outlined in Section 

II(A) (Selection Criteria). The 

Department will use the following 

program-specific criteria, where 

applicable, to assign priority among 

similar projects: 

1. For bridge replacement projects, 

program-specific criteria are the 

following criteria found in 23 CFR 707: 

Total daily truck and non-truck traffic, 

bridge sufficiency ratings, and bridges 

with load or geometric restrictions. 

2. For transit projects, programspecific criteria are as follows: Bus and 

rail fleet purchases that are within 

established FTA spare ratio policies, 

rehabilitation and replacement of assets 

that have exceeded the useful life span 

as identified in FTA policy, and/or the 

proposed project’s rating under the New 

Starts and Small Starts program criteria, 

as applicable (a copy of the criteria used 

for this program is available at http:// 

www.fta.dot.gov/planning/newstarts/ 

planning_environment_5615.html). 

3. For projects involving port 

infrastructure investments, programspecific criteria are, for both current 

state and post-project completion, the 

port or system’s: 

(a) Passenger and/or freight 

throughput, storage or processing 

capacity, including but not limited to, 

capacity movement (in tonnage, TEU 

(twenty-foot equivalent unit), barrels, 

etc.) across the dock, storage capacity on 

the terminal, and gate throughput; 

(b) Demand for services or demand for 

capacity (in the case of post-project 

completion, projections or estimates); 

(c) Efficiency (e.g. time savings, 

including vessel turnaround, gate and 

dwell times, and/or cost savings); 

(d) Reliability and/or resiliency, 

including but not limited to, ability of 

the facility or system to recover from 

natural or man-made disasters and 

provide necessary services; 

(e) National security or National 

interest aspects of items (a) through (d) 

above including but not limited to 

movement of Department of Defense 

assets and strategic location; and 

(f) External factors that may influence 

or limit items (a) through (e) above 

(channel or berth maintenance or 

deepening and other navigation issues, 

road, rail or waterway factors that could 

represent bottlenecks and backups, etc.). 

4. For TIGER TIFIA Payments, 

program-specific criteria are the eight 

statutory selection criteria used by the 

Department’s TIFIA Joint Program 

Office to evaluate and select projects 

(these criteria have been assigned 

weights through regulation, as indicated 

below): 

(a) The extent to which the project is 

nationally or regionally significant, in 


cprice-sewell on PRODPC61 with NOTICES
Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Notices 23233 

terms of generating economic benefits, 

supporting international commerce, or 

otherwise enhancing the national 

transportation system (20 percent); 

(b) The extent to which the project 

helps maintain or protect the 

environment (20 percent); 

(c) The extent to which TIFIA 

assistance would foster innovative 

public-private partnerships and attract 

private debt or equity investment (20 

percent); 

(d) The creditworthiness of the 

project, including a determination by 

the Secretary that any financing for the 

project has appropriate security 

features, such as a rate covenant, to 

ensure repayment (12.5 percent); 

(e) The likelihood that TIFIA 

assistance would enable the project to 

proceed at an earlier date than the 

project would otherwise be able to 

proceed (12.5 percent); 

(f) The extent to which the project 

uses new technologies, including 

Intelligent Transportation Systems 

(ITS), that enhance the efficiency of the 

project (5 percent); 

(g) The amount of budget authority 

required to fund the Federal credit 

instrument made available (5 percent); 

and 

(h) The extent to which TIFIA 

assistance would reduce the 

contribution of Federal grant assistance 

to the project (5 percent). 

In addition, approval for TIFIA credit 

assistance requires the receipt of a 

preliminary rating opinion letter 

indicating that the project’s senior debt 

obligations have the potential to attain 

an investment-grade rating. Complete 

details regarding the TIFIA selection 

process can be found in the program 

guide, which can be downloaded from 

http://tifia.fhwa.dot.gov/. 

III. Evaluation and Selection Process 

A. Ensuring Responsible Spending of 

Recovery Act Funds 

On March 20, 2009, the President of 

the United States signed a memorandum 

for the heads of executive departments 

and agencies on ensuring responsible 

spending of Recovery Act funds. The 

memorandum directs the Department to 

develop transparent, merit-based 

selection criteria to guide the 

commitment, obligation and 

expenditure of TIGER Discretionary 

Grant funds. 

In accordance with the memorandum, 

the criteria specified in this notice help 

ensure that TIGER Discretionary Grants 

will be awarded to projects with a 

demonstrated or potential ability to: ‘‘(i) 

Deliver programmatic results; (ii) 

achieve economic stimulus by 

optimizing economic activity and the 

number of jobs created or saved in 

relation to the Federal dollars obligated; 

(iii) achieve long-term public benefits 

by, for example, investing in 

technological advances in science and 

health to increase economic efficiency 

and improve quality of life; investing in 

transportation, environmental 

protection, and other infrastructure that 

will provide long-term economic 

benefits; fostering energy independence; 

or improving educational quality; and 

(iv) satisfy the Recovery Act’s 

transparency and accountability 

objectives.’’ 

In accordance with the memorandum, 

the Department will not award TIGER 

Discretionary Grants to any project that 

is imprudent or does not further the job 

creation, economic recovery and other 

purposes of the Recovery Act. 

B. Evaluation Process 

The Department will establish an 

evaluation team to review each 

application that is received by the 

Department prior to the Application 

Deadline. The evaluation team will be 

organized and led by the Office of the 

Secretary and will include members 

from each of the Cognizant Modal 

Administrations (as defined below). 

These representatives will include 

technical and professional staff with 

relevant experience and/or expertise. 

The evaluation team will be responsible 

for evaluating and rating all of the 

projects and making funding 

recommendations to the Secretary. The 

evaluation process will require team 

members to evaluate and rate 

applications individually before 

convening with other members to 

discuss ratings. The composition of the 

evaluation team will be finalized after 

the Application Deadline, based on the 

number and nature of applications 

received. 

The Department will not assign 

specific numerical scores to projects 

based on the selection criteria outlined 

above in Section II(A) (Selection 

Criteria). Rather, ratings of ‘‘highly 

recommended,’’ ‘‘recommended,’’ or 

‘‘not recommended’’ will be assigned to 

projects for each of the selection criteria. 

The Department will award TIGER 

Discretionary Grants to projects that are 

‘‘highly recommended’’ in one or more 

of the selection criteria, with projects 

that are ‘‘highly recommended’’ in 

multiple selection criteria being more 

likely to receive TIGER Discretionary 

Grants. To the extent the initial 

evaluation process does not sufficiently 

differentiate among highly rated 

projects, the Department will use a 

similar three-tiered rating process to reassess the projects that were highly 

rated and identify those that should be 

most highly rated. 

The Department will give more 

weight to the two Primary Selection 

Criteria (Long-Term Outcomes and Jobs 

Creation & Economic Stimulus) than to 

the two Secondary Selection Criteria 

(Innovation and Partnership). Projects 

that are unable to demonstrate a 

likelihood of significant long-term 

benefits in any of the five long-term 

outcomes identified in Section 

II(A)(1)(a) (Long-Term Outcomes) will 

not proceed in the evaluation process. A 

project need not be well aligned with 

each of the long-term outcomes in order 

to be successful in the long-term 

outcomes criterion overall. However, to 

be successful in the long-term outcomes 

criterion a project must be ‘‘highly 

recommended’’ for at least one of the 

long-term outcomes or ‘‘recommended’’ 

for multiple long-term outcomes. 

Projects that are strongly aligned with 

multiple long-term outcomes will be the 

most successful in this criterion. 

For the Jobs Creation & Economic 

Stimulus criterion, projects need not 

receive a rating of ‘‘highly 

recommended’’ in order to be 

recommended for funding, although a 

project that is not ready to proceed 

quickly, as evidenced by the items 

requested in Section II(B)(1)(b)(i)–(vi) 

(Project Schedule, Environmental 

Approvals, Legislative Approvals, State 

and Local Planning, Technical 

Feasibility, and Financial Feasibility), is 

less likely to be successful in this 

criterion. 

The Department will give less weight 

to the two Secondary Selection Criteria 

(Innovation and Partnership) than to the 

two Primary Selection Criteria (LongTerm Outcomes and Jobs Creation & 

Economic Stimulus). The two 

Secondary Selection Criteria will be 

rated equally. 

As noted above in Section II(C) 

(Program-Specific Criteria), the 

Program-Specific Criteria will not be 

given ratings and will only be used to 

the extent the Department needs to 

differentiate and assign priority among 

similar projects that have similar ratings 

based on the selection criteria outlined 

above in Section II(A) (Selection 

Criteria). 

The following table summarizes the 

weighting of the selection criteria, as 

described in the preceding paragraphs: 


cprice-sewell on PRODPC61 with NOTICES
23234 Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Notices 

Long-Term Outcomes ......................................... The Department will give more weight to this criterion than to either of the Secondary Selection Criteria. In addition, this criterion has a minimum threshold requirement. Projects that 

are unable to demonstrate a likelihood of significant long-term benefits in any of the five 

long-term outcomes identified in this criterion will not proceed in the evaluation process. 

Jobs Creation & Economic Stimulus .................. The Department will give more weight to this criterion than to either of the Secondary Selection Criteria. This criterion will be considered after it is determined that a project demonstrates a likelihood of significant long-term benefits in at least one of the five long-term 

outcomes identified in the long-term outcomes criterion. 

Innovation & Partnership .................................... The Department will give less weight to these criteria than to the Primary Selection Criteria. 

Project-Specific Criteria ...................................... The Department will only give weight to these criteria to the extent the Department needs to 

differentiate multiple similar projects that are rated similarly based on the Primary and Secondary Selection Criteria. 

To be selected for a TIGER 

Discretionary Grant, a project must be 

an Eligible Project and the applicant 

must be an Eligible Applicant. The 

Department may consider one or more 

components of a large project to be an 

Eligible Project, but only to the extent 

that the components themselves, not the 

project of which they are a part, are 

Eligible Projects and satisfy the 

selection criteria specified in this 

notice. For these projects, the benefits 

described in an application must be 

related to the components of the project 

for which funding is requested, not the 

full project of which they are a part. 

C. Distribution of Funds 

As noted above in Section I 

(Background), the Recovery Act 

prohibits the award of more than 20 

percent of the funds made available 

under this program to projects in any 

one State. The Recovery Act also 

requires that the Department take 

measures to ensure an equitable 

geographic distribution of funds and an 

appropriate balance in addressing the 

needs of urban and rural communities. 

The Department will apply an initial 

unconstrained competitive rating 

process based on the selection criteria 

and program-specific criteria identified 

above in Section II(A) (Selection 

Criteria) and Section II(C) (ProgramSpecific Criteria) to determine a 

preliminary list of projects 

recommended for TIGER Discretionary 

Grants. The Department will then 

analyze the preliminary list and 

determine whether the purely 

competitive ratings are consistent with 

distributional requirements of the 

Recovery Act. If necessary, the 

Department will adjust the list of 

recommended projects to satisfy the 

statutory distributional requirements 

while remaining as consistent as 

possible with the competitive ratings. 

As noted above in Section 

II(B)(2)(b)(i) (Jurisdictional & 

Stakeholder Collaboration), applications 

submitted jointly by multiple States 

should include an allocation of project 

costs to assist the Department in making 

these determinations. In addition, the 

Department will use the subsidy and 

administrative cost estimate, not the 

principal amount of credit assistance, to 

determine any TIGER TIFIA Payment’s 

effect on these distributional 

requirements. 

D. Transparency of Process 

In the interest of transparency, the 

Department will disclose as much of the 

information related to its evaluation 

process as is practical. The Department 

expects that the TIGER Discretionary 

Grants program may be reviewed and/or 

audited by Congress, the U.S. 

Government Accountability Office, the 

Department’s Inspector General, or 

others, and has and will continue to 

take steps to document its decision 

making process. 

IV. Grant Administration 

The Department expects that each 

TIGER Discretionary Grant will be 

administered by the modal 

administration in the Department with 

the most experience and/or expertise in 

the relevant project area (the ‘‘Cognizant 

Modal Administration’’), pursuant to a 

grant agreement between the TIGER 

Discretionary Grant recipient and the 

Cognizant Modal Administration. In 

accordance with the Recovery Act, the 

Secretary has the discretion to delegate 

such responsibilities. 

Applicable Federal laws, rules and 

regulations will apply to projects that 

receive TIGER Discretionary Grants, 

including all of the requirements 

included in the Recovery Act. 

As noted above in Section II(B)(1)(b) 

(Jobs Creation & Economic Stimulus), 

how soon after award a project is 

expected to expend Grant Funds and 

start construction will be considered on 

a case-by-case basis and will be 

specified in the project-specific grant 

agreements. The Department reserves 

the right to revoke any award of TIGER 

Discretionary Grant funds and to award 

such funds to another project to the 

extent that such funds are not timely 

expended and/or construction does not 

begin in accordance with the project 

schedule. The Department’s ability to 

obligate funds for TIGER Discretionary 

Grants expires on September 30, 2011. 

V. Waiver of Minimum Grant Size 

Requirement 

The Department has discretion under 

the Recovery Act to waive the $20 

million minimum grant size 

requirement for Smaller Projects. 

Applicants for TIGER Discretionary 

Grants of less than $20 million for 

Smaller Projects are encouraged to 

apply and should address the same 

criteria as applicants for TIGER 

Discretionary Grants in excess of $20 

million. The term ‘‘grant’’ in this 

provision of the Recovery Act does not 

include TIGER TIFIA Payments. 

VI. TIGER TIFIA Payments 

Up to $200 million of the $1.5 billion 

available for TIGER Discretionary Grants 

may be used for TIGER TIFIA Payments. 

Given the average subsidy cost of the 

existing TIFIA portfolio, $200 million in 

TIGER TIFIA Payments could support 

approximately $2 billion in Federal 

credit assistance. Applicants seeking 

TIGER TIFIA Payments should apply in 

accordance with all of the criteria and 

guidance specified in this notice for 

TIGER Discretionary Grant applicants 

and will be evaluated concurrently with 

all other applications. Any applicant 

seeking a TIGER TIFIA Payment is 

required to comply with all of the TIFIA 

program’s standard application and 

approval requirements, including 

submission of a Letter of Interest prior 

to submission of a TIFIA application 

(the TIFIA program guide can be 

downloaded from http:// 

tifia.fhwa.dot.gov/). The Letter of 

Interest must be submitted at least six 

weeks prior to the Application 

Deadline. 

The Department does not expect 

applicants for TIGER TIFIA Payments to 

have received an instrument from TIFIA 

obligating Federal credit assistance for 

the project before the application is 

submitted; however, applicants should 

demonstrate that they are ready to 

proceed rapidly upon receipt of a TIGER 


cprice-sewell on PRODPC61 with NOTICES
Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Notices 23235 

TIFIA Payment in accordance with the 

guidance specified above in Section 

II(B)(1)(b) (Job Creation & Economic 

Stimulus). The Department’s TIFIA Joint 

Program Office will assist the 

Department in determining a project’s 

readiness to proceed rapidly upon 

receipt of a TIGER TIFIA Payment. 

Applicants seeking TIGER TIFIA 

Payments may also apply for a TIGER 

Discretionary Grant for the same project 

and must indicate the type(s) of funding 

for which they are applying clearly on 

the face of their applications. An 

applicant for a TIGER TIFIA Payment 

must submit an application pursuant to 

this notice for a TIGER TIFIA Payment 

even if it does not wish to apply for a 

TIGER Discretionary Grant. 

Unless otherwise expressly noted 

herein, any and all requirements that 

apply to TIGER Discretionary Grants 

pursuant to the Recovery Act, this 

notice, or otherwise, including all 

reporting and Recovery Act related 

requirements, apply to TIGER TIFIA 

Payments. TIFIA applicants that do not 

receive TIGER TIFIA Payments will not 

be required to comply with any of these 

requirements. 

VII. Contents of Application 

An applicant for a TIGER 

Discretionary Grant should include all 

of the information requested below in 

its application. The Department reserves 

the right to ask any applicant to 

supplement the data in its application, 

but expects applications to be complete 

upon submission. To the extent 

practical, the Department encourages 

applicants to provide data and evidence 

of project merits in a form that is 

publicly available or verifiable. For 

TIGER TIFIA Payments, these 

requirements apply only to the 

applications required under this notice; 

the standard TIFIA loan application 

requirements, including the standard 

$30,000.00 application fee, are 

separately described in the Program 

Guide and Application Form found at 

http://tifia.fhwa.dot.gov/. 

A. Length of Applications 

The narrative portion of an 

application should not exceed 25 pages 

in length. Documentation supporting 

the assertions made in the narrative 

portion may also be provided, but 

should be limited to relevant 

information. If possible, Web site links 

to supporting documentation should be 

provided rather than copies of these 

materials. At the applicant’s discretion, 

relevant materials provided previously 

to a Cognizant Modal Administration (as 

defined below) in support of a different 

DOT discretionary program (for 

example, New Starts or TIFIA) may be 

referenced and described as unchanged. 

To the extent referenced, this 

information need not be resubmitted for 

the TIGER Discretionary Grant 

application. 

B. Contact Information 

An application should include the 

name, phone number, e-mail address 

and organization address of the primary 

point of contact for the applicant. The 

Department will use this information to 

inform parties of the Department’s 

decision regarding selection of projects, 

as well as to contact parties in the event 

that the Department needs additional 

information about an application. 

C. Project Description 

An application should include a 

detailed description of the proposed 

project and geospatial data for the 

project, including a map of the project’s 

location and its connections to existing 

transportation infrastructure. An 

application should also include a 

description of how the project addresses 

the needs of an urban and/or rural area. 

An application should clearly describe 

the transportation challenges that the 

project aims to address, and how the 

project will address these challenges. 

This description should include 

relevant data such as, for example, 

passenger or freight volumes, congestion 

levels, infrastructure condition, or safety 

experience. 

D. Project Parties 

An application should include 

information about the grant recipient 

and other project parties. 

E. Grant Funds and Sources and Uses of 

Project Funds 

An application should include 

information about the amount of grant 

funding requested, sources and uses of 

all project funds, total project costs, 

percentage of project costs that would 

be paid for with TIGER Discretionary 

Grant funds, and the identity and 

percentage shares of all parties 

providing funds for the project 

(including Federal funds provided 

under other programs). 

F. Selection Criteria 

An application must include 

information required for the Department 

to assess each of the criteria specified in 

Section II(A) (Selection Criteria), as 

such criteria are explained in Section 

II(B) (Additional Guidance on Selection 

Criteria), and each of the relevant 

criteria specified in Section II(C) 

(Program-Specific Criteria). Applicants 

are encouraged to demonstrate the 

responsiveness of a project to any and 

all of the selection criteria with the most 

relevant information that applicants can 

provide, regardless of whether such 

information has been specifically 

requested, or identified, in this notice. 

Any such information shall be 

considered part of the application, not 

supplemental, for purposes of the 

application size limits identified above 

in item A (Length of Applications). If an 

applicant is unsure whether any of the 

program-specific criteria apply to its 

project and should be addressed in its 

application the applicant should contact 

the Department pursuant to the 

procedures specified below in Section X 

(Questions and Clarifications). 

Information provided pursuant to this 

paragraph must be quantified, to the 

extent possible, to describe the project’s 

impacts on the Nation, a metropolitan 

area, or a region. Information provided 

pursuant to this paragraph should 

include projections for both the build 

and no-build scenarios for the project 

for a point in time at least 20 years 

beyond the project’s completion date or 

the lifespan of the project, whichever is 

closest to the present. 

G. Federal Wage Rate Requirement 

An application must include a 

certification, signed by the applicant, 

stating that it will comply with the 

requirements of subchapter IV of 

chapter 31 of title 40, United States 

Code (Federal wage rate requirements), 

as required by the Recovery Act. 

H. National Environmental Policy Act 

Requirement 

An application must detail whether 

the project will significantly impact the 

natural, social and/or economic 

environment. If the NEPA process is 

completed, an applicant must indicate 

the date of, and provide a Web site link 

or other reference to, the final 

Categorical Exclusion, Finding of No 

Significant Impact or Record of 

Decision. If the NEPA process is 

underway but not complete, the 

application must detail where the 

project is in the process, indicate the 

anticipated date of completion and 

provide a Web site link or other 

reference to copies of any NEPA 

documents prepared. 

I. Environmentally Related Federal, 

State and Local Actions 

An application must indicate whether 

the proposed project is likely to require 

actions by other agencies (e.g., permits), 

indicate the status of such actions and 

provide a Web site link or other 

reference to materials submitted to the 

other agencies, and/or demonstrate 


cprice-sewell on PRODPC61 with NOTICES
23236 Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Notices 

compliance with other Federal, State 

and local regulations as applicable, 

including, but not limited to, Section 

4(f) Parklands, Recreation Areas, 

Refuges, & Historic Properties; Section 

106 Historic and Culturally Significant 

Properties; Clean Water Act Wetlands 

and Water; Executive Orders Wetlands, 

Floodplains, Environmental Justice; 

Clean Air Act Air Quality (specifically 

note if the project is located in a 

nonattainment area); Endangered 

Species Act Threatened and 

Endangered Biological Resources; 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Essential Fish Habitat; The Bald and 

Golden Eagle Protection Act; and/or any 

State and local requirements. 

J. Protection of Confidential Business 

Information 

All information submitted as part of 

or in support of an application shall use 

publicly available data or data that can 

be made public and methodologies that 

are accepted by industry practice and 

standards, to the extent possible. If the 

application includes information that 

the applicant considers to be a trade 

secret or confidential commercial or 

financial information, the applicant 

should do the following: (1) Note on the 

front cover that the submission 

‘‘Contains Confidential Business 

Information (CBI);’’ (2) mark each 

affected page ‘‘CBI;’’ and (3) highlight or 

otherwise denote the CBI portions. The 

Department protects such information 

from disclosure to the extent allowed 

under applicable law. In the event the 

Department receives a Freedom of 

Information Act (FOIA) request for the 

information, the Department will follow 

the procedures described in its FOIA 

regulations at 49 CFR § 7.17. Only 

information that is ultimately 

determined to be confidential under that 

procedure will be exempt from 

disclosure under FOIA. 

VIII. Project Benefits 

The Department expects to identify 

and report on the benefits of the projects 

that it funds with TIGER Discretionary 

Grants. To this end, the Department may 

request that recipients of TIGER 

Discretionary Grants cooperate in 

Departmental efforts to collect and 

report on information related to the 

benefits produced by the projects that 

receive TIGER Discretionary Grants. 

In addition to the creation and 

preservation of jobs and other benefits 

that the Department is required to track 

and report pursuant to the Recovery 

Act, the benefits that the Department 

reports on may include the following: 

(1) Improved condition of existing 

transportation facilities and systems; (2) 

long-term growth in employment, 

production or other high-value 

economic activity; (3) improved 

livability of communities across the 

United States; (4) improved energy 

efficiency, reduced dependence on oil 

and reduced greenhouse gas emissions; 

(5) reduced adverse impacts of 

transportation on the natural 

environment; (6) reduced number, rate 

and consequences of surface 

transportation-related crashes, injuries 

and fatalities; (7) greater use of 

innovative technology and innovative 

approaches to transportation funding 

and project delivery; (8) greater 

collaboration with state and local 

governments, other public entities, 

private entities, nonprofit entities, or 

other non-traditional partners; or (9) 

greater integration of transportation 

decisionmaking with decisionmaking by 

other public agencies with similar 

public service objectives. 

Because of the limited nature of this 

program, these benefits are likely to be 

reported on a project-by-project basis 

and trends across projects that were 

selected for TIGER Discretionary Grants 

may not be readily available. In 

addition, because many of these benefits 

are long-term outcomes, it may be years 

before the value of the investments can 

be quantified and fully reported. The 

Department is considering the most 

appropriate way to collect and report 

information about these potential 

project benefits. 

IX. Reporting Requirements 

A. Section 1201(c): Maintenance of 

Effort: Reporting Requirements 

Pursuant to the Recovery Act, entities 

receiving TIGER Discretionary Grants 

will be required to report on grant 

activities on a routine basis. Section 

1201(c) of the Recovery Act 

(Maintenance of Effort: Reporting 

Requirements), under General 

Provision—Department of 

Transportation—imposes an obligation 

on entities receiving TIGER 

Discretionary Grants, along with other 

Department grantees receiving funds 

from the Department’s Covered 

Programs, to submit periodic reports to 

the agency from which funds were 

received. Section 1201(c)(2) requires 

that such reports include, for each 

Covered Program (which includes the 

TIGER Discretionary Grant program) the 

following information: the amount of 

Grant Funds appropriated, allocated, 

obligated, and outlayed under the 

appropriation; the number of projects 

put out to bid under the appropriation 

and the amount of Grant Funds 

associated with these contracts; the 

number of projects for which contracts 

have been awarded under the 

appropriation and the amount of Grant 

Funds associated with these contracts; 

the number of projects for which work 

has begun under these contracts and the 

associated amount of Grant Funds; the 

number of projects for which work has 

been completed and the associated 

amount of Grant Funds; the number of 

direct, on-project jobs created or 

sustained by the Grant Funds for 

projects under the appropriation and, to 

the extent possible, the estimated 

indirect jobs created or sustained in 

associated supplying industries, 

including the number of job-years 

created and total increase in 

employment since February 17, 2009; 

and the actual aggregate expenditures by 

each recipient from State sources for 

projects eligible for funding under the 

program between February 17, 2009, 

and September 30, 2010, compared to 

the level of such expenditures planned 

to occur during this period as of 

February 17, 2009. 

According to the statute, grant 

recipients must submit the first of these 

reports not later than 90 days from 

February 17, 2009, and must submit 

updated reports not later than 180 days, 

1 year, 2 years, and 3 years after that 

date. Due to the unique timeframe for 

TIGER Discretionary Grant awards, 

TIGER Discretionary Grant recipients 

should submit the first of such reports 

on the first due date following the 

award of Grant Funds and on each 

subsequent due date thereafter. 

B. Section 1512: Reports on Use of 

Funds 

Section 1512 of the Recovery Act 

(Reports on Use of Funds) requires any 

entity that received TIGER Discretionary 

Grants to submit a report not later than 

10 days after the end of each calendar 

quarter as a condition of receiving 

funding under the Recovery Act. 

Pursuant to the OMB Guidance (which 

is available at http:// 

www.whitehouse.gov/omb/assets/

memoranda_fy2009/m09-15.pdf), 

recipients must report to OMB 

beginning 10 days after the end of the 

first calendar quarter after funds are 

awarded. Recipients should refer to the 

OMB Guidance for more detailed 

instructions on such reports. OMB is 

currently developing a governmentwide central reporting system. Detailed 

instructions for centrally reporting the 

required information will be made 

available at www.FederalReporting.gov. 


cprice-sewell on PRODPC61 with NOTICES
Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Notices 23237 

C. Section 1609: Environmental 

Reporting 

Section 1609(c) of the Recovery Act 

requires that Federal agencies report via 

the President (specifically, to the White 

House Council on Environmental 

Quality) every 90 days following 

enactment of the Recovery Act on the 

status of projects funded under the 

Recovery Act with respect to 

compliance with the National 

Environmental Policy Act. 

To satisfy the purposes of the 

Recovery Act, grant recipients may be 

required to provide additional 

information in response to requests from 

OMB, the Congressional Budget Office, 

the Government Accountability Office, 

or the Department’s Inspector General. 

The Department will inform grant 

recipients if and when such additional 

reports are required. 

Further information about how grant 

recipients will be expected to comply 

with the reporting requirements of the 

Recovery Act will be provided in the 

individual grant agreements signed by 

recipients of TIGER Discretionary 

Grants. 

X. Certification Requirements 

As a condition of award, to the extent 

applicable, grantees must comply with 

the Certification requirements of the 

Recovery Act. These include Section 

1201 (Maintenance of Effort); Section 

1511 (Transparency and Oversight); and 

Section 1607 (Additional Funding 

Distribution and Assurance of 

Appropriate Use of Funds). On February 

27, 2009, Secretary of Transportation 

Ray LaHood sent a letter to the 

Governors of each State providing 

guidance and a template for the 

Certifications required by the Recovery 

Act, a copy of which is available on the 

Department’s Recovery Act Web site, at 

http://www.dot.gov/recovery/. All 

applicable Certifications must be 

submitted to the Department at 

TigerTeam.Leads@dot.gov. 

Certifications may be submitted via email as electronic, scanned copies, with 

original signed versions to follow via 

U.S. mail. 

A. Section 1201(a): Maintenance of 

Effort 

By March 19, 2009, State Governors 

were required to certify to the Secretary 

of Transportation that the State would 

maintain its effort with regard to State 

funding for the types of projects funded 

by the appropriation, for each amount 

distributed to a State or a State agency 

under this program. As part of this 

Certification, the Governor was required 

to submit to the Secretary a statement 

identifying the amount of funds the 

State planned to expend from State 

sources as of February 17, 2009, during 

the period between February 17, 2009 

and September 30, 2010, for the types of 

projects funded by the appropriation. 

The maintenance of effort requirement 

in section 1201(a) applies to any TIGER 

Discretionary Grant recipient that is a 

State government (or agency thereof) 

that planned, as of February 17, 2009, to 

expend State funds on the project 

receiving a TIGER Discretionary Grant 

during the period between February 17, 

2009, and September 30, 2010. 

B. Section 1511: Transparency and 

Oversight 

For Grant Funds made available to 

State or local governments for 

infrastructure investments, the 

Governor, mayor, or other chief 

executive, as appropriate, must certify 

that the infrastructure investment (1) 

received the full review and vetting 

required by law; and (2) that the chief 

executive accepts responsibility that it 

is an appropriate use of taxpayer 

dollars. This Certification must be 

executed and posted on a Web site and 

linked to Recovery.gov prior to the 

recipient of a TIGER Discretionary Grant 

receiving Grant Funds. If the potential 

project is a highway or transit project 

and it is included in the Statewide 

Transportation Improvement Program 

(STIP) with the specific information 

required by Section 1511 (a description 

of the investment, the estimated total 

cost, and the amount of ARRA funds to 

be used), it may be included in the 

Governor’s Section 1511 Certification 

covering highway and transit projects in 

a State. One way for the Governor’s 

Certification to satisfy the Section 1511 

requirement is for the Certification to 

state that the project is included in the 

STIP and therefore has completed the 

TIP/STIP planning process. In this case, 

the Governor’s Certification must also 

provide a link to the public web posting 

of the STIP that includes (or will 

include) any highway and transit project 

designated to receive Recovery Act 

funding. If the project is not included in 

the STIP, a separate Certification for the 

potential TIGER Discretionary Grant 

project must be executed, attaching the 

relevant information or linking to a 

public Web site where the information 

may be obtained. This Certification 

must include a description of the 

investment, the estimated total cost, and 

the amount of covered funds to be used, 

and must be posted online and linked 

to the Web site Recovery.gov. The 

Certification must also state that the 

projects have been properly reviewed 

and vetted and are an appropriate use of 

taxpayer dollars. 

C. Section 1607: Additional Funding 

Distribution and Assurance of 

Appropriate Use of Funds 

Section 1607 required that Governors 

of States receiving funding under the 

Recovery Act certify by April 3, 2009, 

that, for Grant Funds provided to any 

State or State agency, the State would 

request and use the funds provided in 

the Recovery Act and that such funds 

would be used to create jobs and 

promote economic growth. 

Alternatively, the State legislature could 

have acted to accept such funds by the 

adoption of a concurrent resolution. 

States or State agencies ultimately 

receiving TIGER Discretionary Grant 

funds must ensure that this Certification 

has been completed. 

D. Submission of Certifications Under 

Sections 1201, 1511, and 1607 

All Certifications, once executed, 

shall be submitted to the Secretary of 

Transportation, c/o Joel Szabat, Deputy 

Assistant Secretary for Transportation 

Policy, at TigerTeam.Leads@dot.gov. 

Certifications may be submitted via email as electronic, scanned copies, with 

original signed versions to follow via 

U.S. mail. As required by the Recovery 

Act, Certifications under Section 1511 

shall be immediately posted on a Web 

site and linked to the Web site 

Recovery.gov. 

XI. Questions and Clarifications 

Questions about this notice should be 

submitted to the TIGER Discretionary 

Grants program manager via e-mail at 

TIGERGrants@dot.gov. The Department 

will regularly post answers to these 

questions and other important 

clarifications on the Department’s Web 

site at http://www.dot.gov/recovery/ost/. 

Issued on: May 12, 2009. 

Ray LaHood, 

Secretary. 

[FR Doc. E9–11542 Filed 5–15–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

[STB Docket No. MC–F–17950] 

Mayflower Transit, LCC—Pooling 

Agreement 

AGENCY: Surface Transportation Board. 

ACTION: Request for comments. 

SUMMARY: Mayflower Transit, LLC 

(Mayflower), on behalf of itself and 

certain affiliated companies, filed an 


cprice-sewell on PRODPC61 with NOTICES