[Federal Register: May 30, 2008 (Volume 73, Number 105)]
[Notices]
[Page 31183-31185]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30my08-108]
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DEPARTMENT OF TRANSPORTATION
Transportation Border Congestion Relief Program
AGENCY: Department of Transportation (DOT).
ACTION: Notice; request for applications.
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SUMMARY: The Federal Government has an important role to play in
facilitating and accelerating transportation-related capacity and
operational improvements at international land border crossings that
will improve border travel times and help reduce associated national
and regional economic costs. To fulfill this role and to encourage the
greater use of non-traditional transportation project finance,
delivery, and facility operation mechanisms at the Nation's critical
international land border crossings, the DOT is soliciting applications
from interested international land border States, bridge and tunnel
operators, and private entities to participate in the Transportation
Border Congestion Relief (TBCR) Program. The goal of the TBCR Program
is to identify and assist international land border States with
implementing innovative solutions to help address land border travel
time delay and facilitate trade and travel without compromising the
vital mission of securing America's borders. The DOT intends to select
two or more surface transportation projects, a minimum of one on the
U.S./Mexico border and one on the U.S./Canada border, which can help
improve border travel times.
DATES: Applications must be received on or before June 30, 2008.
ADDRESSES: Interested parties should submit applications to Marcus J.
Lemon, Esq., Chief Counsel, Federal Highway Administration, HCC-1, Room
E82-328, 1200 New Jersey Avenue, SE., Washington, DC 20590 or
electronically to transportationbordercongestionrelief@dot.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Alla C. Shaw, Esq. (202) 366-1042,
Alla.Shaw@dot.gov, HCC-30, Room E84-463, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, HCC Team Leader, or Mr. Roger Petzold, Team
Leader, Border, Interstate, and GIS Program, (202) 366-4074,
Roger.Petzold@dot.gov, HEPI-10, Room E74-312, 1200 New Jersey Avenue,
SE., Washington, DC 20590. Office hours are from 7:30 a.m. to 5 p.m.,
e.t., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
An electronic copy of this document may be downloaded from the
Office of the Federal Register's home page at: http://www.archives.gov
and the Government Printing Office's Web page at: http://
www.access.gpo.gov/nara.
Background
The DOT is establishing a Transportation Border Congestion Relief
Program to demonstrate how non-traditional transportation project
finance, delivery, and operation mechanisms can be used to improve land
border travel times and can facilitate trade and travel without
compromising the vital mission of securing America's borders within the
Border Region (A Border Region is defined in section 1303(g)(1) of the
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU) (Pub. L. 109-59; Aug. 10, 2005) as any
portion of a U.S. State that is within 100 miles of an international
land border with Canada or Mexico). The DOT is seeking applications
from the 15 international land border States, bridge and tunnel
operators, or from private sector entities which identify and advance
land border transportation projects that can alleviate current or
forecasted congestion at or near the U.S. border with Mexico and with
Canada within the border zone. The DOT envisions a selection of two or
more projects that can serve as models for land border travel time
improvements.
The DOT is interested in pursuing projects that can address ways to
improve land border travel times because of the significance of border
transportation to our Nation. More than 17 million truckloads of
freight crossed America's borders with Canada and Mexico in 2005,
carrying over half of the $711 billion in products the U.S. traded with
its North American neighbors. Since 1990, the value of freight
shipments among the U.S., Canada, and Mexico has risen by 170 percent,
growing an average of 8 percent annually. Trade between the U.S. and
Canada is about $2 billion per day. In addition to the large amounts of
daily trade, at least 2 million people legally cross our borders in any
given day. These huge numbers are putting a serious strain on the
transportation network at and near our international land border
crossings. Travel times for crossing U.S. borders have steadily
increased since 1996, frustrating individuals, families, and commerce
with negative impacts on quality of life, efficiency, and prudent use
of resources.
In an effort to combat the growing problems of transportation
congestion, the DOT launched the ``National Strategy to Reduce
Congestion on America's Transportation Network'' (Congestion
Initiative) in May of 2006.\1\ The Congestion Initiative is designed
both to reduce transportation congestion in the short-term and to build
the foundation for successful longer-term congestion reduction efforts.
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\1\ Speaking before the National Retail Federation's annual
conference on May 16, 2006, in Washington, DC, former U.S.
Transportation Secretary Norman Mineta unveiled a new plan to reduce
congestion plaguing America's roads, rails, and airports. The
National Strategy to Reduce Congestion on Amerca's Transportation
Network includes a number of initiatives designed to reduce
transportation congestion. The transcript of these remarks is
available at: http://www.dot.gov/affairs/minetasp051606.htm.
Additional information may be located at: http://
www.fightgridlocknow.gov.
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Objectives
The primary objectives of the TBCR Program are to:
A. Reduce border travel time delays by promoting non-traditional
transportation project delivery and operation approaches at or near
international land border crossings.
B. Illustrate the benefits of alternative financial models.
C. Promote and support a more efficient coordination process among
the various Federal and local agencies that have an interest in our
Nation's land borders.
D. Improve system connectivity to facilitate trade and the safe,
legitimate, movement of people and goods across the U.S. border by
decreasing border travel times without compromising the vital mission
of securing America's borders.
E. Demonstrate the viability of developing land border crossing
projects using an investment model based on sound economics and market
principles.
F. Build on the institutional expertise in place within the U.S./
Mexico Joint Working Committee for Border Planning http://
www.borderplanning.fhwa.dot.gov/mexico.asp and the U.S./Canada
Transportation Border Working Group http://www.thetbwg.org, and
interagency groups related to border facilitation.
Application Process
A land border State, bridge or tunnel operator, or private sector
entity (Applicant) interested in the TBCR Program should submit a TBCR
Application to the DOT. The
[[Page 31184]]
Application should address the areas of information discussed below and
demonstrate how the project would provide adequate, reliable and
sustainable capacity for the life of the facility. Bridge and tunnel
operators and private entities should provide a written endorsement
from the border State in which the proposed project is located and
evidence of consultation with the appropriate foreign jurisdictions, as
well as Federal agencies which will play a role in the implementation
of the project, within 30 days of submitting an Application.
Transportation Border Congestion Relief Applications may include new
capacity development or upgrades/extensions of existing capacity. The
Applicant should also state whether the proposed project will cross any
Federal or Indian lands and how it will involve or impact
transportation in the foreign jurisdiction. To the extent the proposed
project is already in development, the Applicant should describe
broadly the remaining activities that must be undertaken and the ways
the proposed non-traditional approach may help the project become
operational.
The Applicant may be requested to submit additional information if
necessary to evaluate the Application. All proposed projects must be
located within the Border Region (a Border Region is defined in section
1303(g)(1) of SAFETEA-LU as any portion of a U.S. State that is within
100 miles of an international land border with Canada or Mexico). If a
border State submits more than one project, it should prioritize the
proposed projects. The deadline for submitting an Application is June
30, 2008. If an Applicant submits an Application after the deadline,
the Application will be considered to the extent practicable.
Applications will be evaluated and ranked based on the following
elements:
1. Project Description
The Applicant should include a detailed description of the proposed
land border project, including its purpose, location, preliminary
design features, rough estimate of capital cost, proposed delivery
schedule, likely financing mechanism(s), current level of service, and
information about the status of agreement among any affected
stakeholders to advance the proposed project. The Applicant should
include a map with detailed information about U.S., State, and local
numbered route and other important facilities clearly identified as
well as information about the foreign jurisdiction(s) involved.
2. Congestion Reduction and Reduction in Land Border Travel Times
The proposed land border project may address current or future
congestion. The Applicant should describe where and how the proposed
project would (a) reduce current congestion levels, or (b) address
future expected congestion based on projected travel trends at the land
border crossing. The Applicant should discuss the impact of the project
on movement of individuals or freight and/or traffic congestion. The
congestion reduction discussion should present all relevant data
related to the proposed congestion relief benefits of the project
including information about the annual volume of commercial and
passenger vehicle traffic at the relevant land border crossing,
expected reduction in vehicle travel times through the land border
crossing, and potential benefits to the U.S. economy.
3. Use of Intelligent Transportation Systems
Whether the proposed project is on a new or existing alignment, the
Applicant should explain how transportation technologies would be used
to benefit users by enhancing the mobility and efficiency of the land
border crossing. Examples of mobility improvements include use of
intelligent transportation systems, traffic conditions monitoring,
computerized traffic control systems, traveler information systems,
electronic toll collection, and open road tolling.
4. Economic Benefits and Support of Commerce
The Applicant should explain how the proposed project would support
U.S. economic growth including information about how the project would
improve the predictability of freight movements or travel by
individuals through the land border crossing. In support of the
economic benefits, the Applicant should include current data on the
national and regional economic impact of delays in border travel times,
etc.
5. Value to the Users of the Project
The Applicant should describe the benefits of the proposed project
within the border zone to its users. Potential benefits include reduced
border travel times, increased safety, faster and more convenient
access to terminals for commercial vehicles, environmental benefits,
truck-only lanes, and increased travel speeds, etc.
6. Innovations in Project Delivery and Finance
The Applicant should highlight any innovative project delivery and
financing features proposed for the project. The Applicant should
specifically address the eligibility of the proposed project for credit
assistance under the Transportation Infrastructure Finance Innovation
Act (TIFIA) and Private Activity Bonds (PABs).
7. Exceptional Environmental Stewardship
The Applicant should describe any proposed innovative methods for
completing the environmental review process effectively, and/or any
exceptional proposed measures for avoiding or mitigating air, noise, or
water impacts, or impacts to environmental or cultural resources.
8. Finance Plan and Potential Private Sector Participation
The Applicant should submit an initial plan that identifies
potential sources of financing and the private sector's likely role.
This may include proposals for private sector financial contribution to
the proposed project. Private sector participation can encompass a wide
range of contractual arrangements by which public (Federal, State, or
local) authorities and private entities collaborate in the financing,
development, operation, and ownership of a transportation
infrastructure project. Potential contractual arrangements for the
project include, but are not limited to:
(a) Long-term concessions or franchise agreements;
(b) Design, Build, Operate and Maintain contracts;
(c) Design, Build, Finance, and Operate contracts;
(d) Build, Own and Operate contracts; and
(e) Design-Build contracts.
The Applicant should describe the efficiencies likely to result
from private sector participation, as well as the process likely to be
used to ensure robust competition among private financial entities.
9. Planning and Coordination Status
The Applicant should provide information about the status of
planning and coordination activities. The Applicant should identify and
discuss: (a) The status of coordination among interested Federal
agencies and local stakeholders; (b) relevant consideration and/or
coordination with the governments of Canada and Mexico; (c) whether the
project is included, or expected to be included, in State and
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metropolitan planning organization plans and programs; (d) whether the
project is consistent with plans and programs developed by empowerment
zone and community organizations; (e) whether the project is consistent
with plans developed for compliance with the Clean Air Act; (f) whether
or not the project is supported by the U.S. Customs and Border
Protection Agency or by the General Services Administration; and (g)
whether or not the project has or will require a Presidential Permit.
10. Proposed Project Time-line
The Applicant should include a proposed project time-line with
estimated start and completion dates for major elements of the proposed
project such as:
(a) Development phase activities (planning, feasibility analysis,
revenue forecasting, environmental review, preliminary engineering and
design work, and other preconstruction activities);
(b) Inclusion of the project in the relevant State and metropolitan
transportation improvement plans;
(c) Approval needed for any required Presidential Permits;
(d) Acquisition of real property (including land related to the
project and improvements to land); and
(e) Construction, reconstruction, and/or rehabilitation activities.
The Applicant also should describe the results of any preliminary
engineering or preconstruction activities done to date and relate it to
the project time-line.
Transportation Border Congestion Relief Program Development Agreement
After a project is accepted for administration under the TBCR
Program, the next major action by the Applicant would be to work with
DOT, the relevant border State, municipalities, Indian tribal
government(s), Federal agencies, and foreign jurisdictions to draft a
TBCR Program Development Agreement for the project (Development
Agreement). The Development Agreement would address the commitments of
all parties to the project (Federal, State, municipal and private) with
respect to the financing, planning and design, environmental process,
construction, operations, maintenance, and other components. The
Development Agreement would also identify the specific objectives of
the project and performance measures that would be used to evaluate the
success of the project in achieving these objectives.
DOT Resources and Commitments To Expedite the Delivery of the Border
Crossing Project
If a project is selected for participation in the TBCR Program, the
DOT will work with the project sponsor to expedite the delivery of the
project. Potential DOT resources and commitments include:
A. Federal Transportation Border Congestion Relief Project Team
The DOT will work with the relevant Federal agencies with an
interest in the land border crossing to establish a senior-level
Federal border congestion team to advance the planning and
implementation of the project, including expediting, to the maximum
extent practicable, their reviews for relevant permits or other
approvals, and take related actions as necessary, consistent with
available resources and applicable laws.
B. Accelerated Review and Conditional Approval of Experimental Features
Under the FHWA SEP-15 Process
Special Experimental Project 15 (SEP-15) is designed to permit
tests and experimentation in the project development process for title
23, United States Code projects. Potential areas of experimentation for
TBCR Program projects include innovative finance, tolling and
contracting requirements. More information about the SEP-15 program is
available on the following Web site: http://www.fhwa.dot.gov/ppp/
index.htm. The DOT is considering further experimental programs that
may apply to the approved projects.
C. Expedited Commitment Process for TIFIA Credit Assistance
The TIFIA program provides three forms of credit assistance--
secured loans, loan guarantees, and standby lines of credit--for
surface transportation projects of national or regional significance.
Each border State seeking to incorporate TIFIA credit assistance as
part of a project finance plan can receive a preliminary TIFIA
commitment under SEP-15.
The DOT would work with each project sponsor to establish a
preliminary plan of finance incorporating TIFIA assistance. This
preliminary commitment would expedite the loan review process to be
undertaken should the border State's selected concessionaire seek TIFIA
assistance. Information about the TIFIA credit program is available on
the following Web site: http://tifia.fhwa.dot.gov/.
D. Priority Access to DOT Experts
Projects accepted for the TBCR Program will have access to DOT
experts knowledgeable in the areas of planning, the environment,
public-private partnerships, finance, construction, safety, operations,
and asset management.
E. Other Discretionary Funding
The DOT will work with Applicant(s) to identify other possible
discretionary funding sources.
F. Tolling and Private Activity Bonds (PAB)
Applicant(s) may consider applying to DOT for authority to toll any
Federal-aid highway as part of a TBCR project. The use of tolls would
not only help finance the road, but the use of tolls also, if the
amounts are varied, could help manage the volume of traffic utilizing
the crossing at any given point during the day. Applicants may also
consider applying for an allocation of PAB authority under Section
11143 of SAFETEA-LU as part of a TBCR project. The DOT will work with
any selected Applicant(s) to explore what options might be available in
these areas.
Authority: 49 U.S.C. 101.
Issued on: May 23, 2008.
Thomas J. Barrett,
Deputy Secretary.
[FR Doc. E8-12055 Filed 5-29-08; 8:45 am]
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