[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Notices]
[Pages 42426-42436]
[FR Doc No: 2017-19009]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary of Transportation

Notice of Funding Opportunity for the Department of
Transportation's National Infrastructure Investments Under the
Consolidated Appropriations Act, 2017

AGENCY: Office of the Secretary of Transportation, DOT.

ACTION: Notice of funding opportunity.

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SUMMARY: The Consolidated Appropriations Act, 2017 (Pub. L. 115-31, May
5, 2017) (``FY 2017 Appropriations Act'' or the ``Act'') appropriated
$500 million to be awarded by the Department of Transportation (``DOT''
or the ``Department'') for National Infrastructure Investments. This
appropriation stems from the program funded and implemented pursuant to
the American Recovery and Reinvestment Act of 2009 (the ``Recovery
Act'') known as the Transportation Investment Generating Economic
Recovery, or ``TIGER Discretionary Grants,'' program. Because of the
program's similarity in structure and widespread name recognition, DOT
will continue to refer to the program as ``TIGER Discretionary
Grants.'' Funds for the FY 2017 TIGER program (``TIGER FY 2017'') are
to be awarded on a competitive basis for projects that will have a
significant impact on the Nation, a metropolitan area, or a region. The
purpose of this Final Notice is to solicit applications for TIGER
Discretionary Grants.

DATES: Applications must be submitted by 8:00 p.m. E.D.T. on October
16, 2017.

ADDRESSES: Applications must be submitted through Grants.gov.

FOR FURTHER INFORMATION CONTACT: For further information concerning
this notice, please contact the TIGER Discretionary Grants program
staff via email at<EMAIL_ADDRESS>or call Howard Hill at 202-366-
0301. A TDD is available for individuals who are deaf or hard of
hearing at<PHONE_NUMBER>. In addition, DOT will regularly post answers
to questions and requests for clarifications as well as information
about webinars for further guidance on DOT's Web site at
www.transportation.gov/TIGER.

SUPPLEMENTARY INFORMATION: This notice is substantially similar to the
final notice published for the TIGER Discretionary Grants program in
the Federal Register on February 26, 2016 (81 FR 9935) for fiscal year
2016 funds. The selection criteria remain fundamentally the same as
previous rounds of TIGER Discretionary Grants, but the description of
each criterion was updated. The FY 2017 TIGER program will give special
consideration to projects which emphasize improved access to reliable,
safe, and affordable transportation for communities in rural areas,
such as projects that improve infrastructure condition, address public
health and safety, promote regional connectivity, or facilitate
economic growth or competitiveness. For this round of TIGER
Discretionary Grants, the maximum grant award is $25 million, and no
more than $50 million can be awarded to a single State, as specified in
the FY 2017 Appropriations Act. Each section of this notice contains
information and instructions relevant to the application process for
these TIGER Discretionary Grants, and all applicants should read this
notice in its entirety so that they have the information they need to
submit eligible and competitive applications.

Table of Contents

A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Federal Awarding Agency Contacts
H. Other Information

A. Program Description

    The Consolidated Appropriations Act, 2017 (Pub. L. 115-31, May 5,
2017) (``FY 2017 Appropriations Act'' or the ``Act'') appropriated $500
million to be awarded by the Department of Transportation (``DOT'' or
the ``Department'') for National Infrastructure Investments. Since the
TIGER Discretionary Grants program was first created, $5.1 billion has
been awarded for capital investments in surface transportation
infrastructure over eight rounds of competitive grants. Throughout the
TIGER program, TIGER Discretionary Grants awards have supported
projects that have a significant impact on the Nation, a metropolitan
area, or a region. This includes, but is not limited to, capital
projects in areas which repair bridges or improve infrastructure to a
state of good repair; projects that implement safety improvements to
reduce fatalities and serious injuries, including improving grade
crossings or providing shorter or more direct access to critical health
services; projects that connect communities and people to jobs,
services, and education; and, projects that anchor economic
revitalization and job growth in communities, and specifically those
that help bring manufacturing and other jobs. The TIGER program also
supports projects that demonstrate significant non-Federal
contributions from State, local, and private sector funding sources.
The Department recognizes the benefits of shared responsibility and
accountability of infrastructure investment, as it facilitates
increased rigor in decision making, provides evidence of support for
the project, and leverages Federal investment. Over eight rounds, on
average, projects attracted more than 3.6 matching dollars for every
TIGER grant dollar, representing the shared responsibility for funding
infrastructure.
    Rural America is home to many of the nation's most critical
infrastructure assets, including 444,000 bridges, 2.98 million miles of
roadway, and 30,500 miles of Interstate Highway. More than 55 percent
of all public roads are locally-owned rural roads. While only 19
percent of the nation's population lives in rural areas, 51 percent of
all traffic fatalities occurred on rural roads (2014). In addition,
public transportation serving rural areas has more than 160 million
annual boardings (2015).

B. Federal Award Information

1. Amount Available

    The FY 2017 Appropriations Act appropriated $500 million to be
awarded by DOT for the TIGER Discretionary Grants program. The FY 2017
TIGER Discretionary Grants are for capital investments in surface
transportation infrastructure and are to be awarded on a competitive
basis for projects that will have a significant impact on the Nation, a
metropolitan area, or a region. The FY 2017 Appropriations Act also
allows DOT to retain up to $20 million of the $500 million for
oversight and administration of grants and credit assistance made under
the TIGER Discretionary Grants program. If this solicitation does not
result in the award and obligation of all available funds, DOT may
publish additional solicitations.
    The FY 2017 Appropriations Act allows up to 20 percent of available
funds (or $100 million) to be used by the Department to pay the subsidy
and administrative costs for a project receiving credit assistance
under the Transportation Infrastructure Finance and Innovation Act of
1998 (``TIFIA'') program, if that use of the FY 2017 TIGER funds would
further the purposes of the TIGER Discretionary Grants program.

2. Award Size

    The FY 2017 Appropriations Act specifies that TIGER Discretionary
Grants may not be less than $5 million and not greater than $25
million, except that for projects located in rural areas (as defined in
Section C.3.ii.) the minimum TIGER Discretionary Grant size is $1
million.

3. Restrictions on Funding

    Pursuant to the FY 2017 Appropriations Act, no more than 10 percent
of the funds made available for TIGER Discretionary Grants (or $50
million) may be awarded to projects in a single State. The Act also
directs that not less than 20 percent of the funds provided for TIGER
Discretionary Grants (or $100 million) shall be used for projects
located in rural areas. Further, DOT must take measures to ensure an
equitable geographic distribution of grant funds, an appropriate
balance in addressing the needs of urban and rural areas, and
investment in a variety of transportation modes.

4. Availability of Funds

    The FY 2017 Appropriations Act requires that FY 2017 TIGER funds
are only available for obligation through September 30, 2020.
Obligation occurs when a selected applicant and DOT enter into a
written grant agreement and is generally after the applicant has
satisfied applicable administrative requirements, including
transportation planning and environmental review requirements. No FY
2017 TIGER funds may be expended (actually paid out) after September
30, 2025. As part of the review and selection process described in
Section E.2., DOT will consider whether a project is ready to proceed
with an obligation of grant funds from DOT within the statutory time
provided. No waiver is possible for these deadlines.

5. Previous TIGER Awards

    Recipients of prior TIGER Discretionary Grants may apply for
funding to support additional phases of a project awarded funds in
earlier rounds of this program. However, to be competitive, the
applicant should demonstrate the extent to which the previously funded
project phase has been able to meet estimated project schedules and
budget, as well as the ability to realize the benefits expected for the
project.

C. Eligibility Information

    To be selected for a TIGER Discretionary Grant, an applicant must
be an Eligible Applicant and the project must be an Eligible Project.

1. Eligible Applicants

    Eligible Applicants for TIGER Discretionary Grants are State,
local, and tribal governments, including U.S. territories, transit
agencies, port authorities, metropolitan planning organizations (MPOs),
and other political subdivisions of State or local governments.
    Multiple States or jurisdictions may submit a joint application and
must identify a lead applicant as the primary point of contact, and
also identify the primary recipient of the award. Each applicant in a
joint application must be an Eligible Applicant. Joint applications
must include a description of the roles and responsibilities of each
applicant and must be signed by each applicant.

2. Cost Sharing or Matching

    This section describes the statutory cost share requirements for a
TIGER award. Cost share will also be evaluated according to the
evaluation criterion described in Section E.1.v. That section clarifies
that the Department seeks applications for projects that exceed the
minimum non-Federal cost share requirement described here.
    Per the FY 2017 Appropriations Act, TIGER Discretionary Grants may
be used for up to 80 percent of a project located in an urban area \1\
and up to 100 percent of the costs of a project located in a rural
area. Urban area and rural area are defined in Section C.3.ii of this
notice.
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    \1\ To meet match requirements, the minimum total project cost
for a project located in an urban area must be $6.25 million.
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    For a project located in an urban area, the Federal share of the
costs for which an expenditure is made under a TIGER grant may not
exceed 80 percent. Non-Federal sources include State funds originating
from programs funded by State revenue, local funds originating from
State or local revenue-funded programs, or private funds. Toll credits
under 23 U.S.C. 120(i) are considered a non-Federal source. Unless
otherwise authorized by statute, local cost-share may not be counted as
the non-Federal share for both the TIGER and another Federal grant
program. The Department will not consider previously-incurred costs or
previously-expended or encumbered funds towards the matching
requirement for any project. Matching funds are subject to the same
Federal requirements described in Section F.2. as awarded funds. Given
the TIFIA statute, the Department may not be able to consider funds
from TIFIA towards the matching requirement. While RRIF credit
assistance will be counted towards match requirements, the Department
will give greater preference to state, local, and private sources of
matching funds.

3. Other

i. Eligible Projects
    Eligible projects for TIGER Discretionary Grants are capital
projects that include, but are not limited to: (1) Highway, bridge, or
other road projects eligible under title 23, United States Code; (2)
public transportation projects eligible under chapter 53 of title 49,
United States Code; (3) passenger and freight rail transportation
projects; (4) port infrastructure investments (including inland port
infrastructure and land ports of entry); and (5) intermodal projects.
This description of eligible projects is identical to the description
of eligible projects under earlier rounds of the TIGER Discretionary
Grants program.\2\ Research, demonstration, or pilot projects are
eligible only if they result in long-term, permanent surface
transportation infrastructure that has independent utility as defined
in Section C.3.iii. Applicants are strongly encouraged to submit
applications only for eligible award amounts.
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    \2\ Please note that the Department may use a TIGER
Discretionary Grant to pay for the surface transportation components
of a broader project that has non-surface transportation components,
and applicants are encouraged to apply for TIGER Discretionary
Grants to pay for the surface transportation components of these
projects.
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ii. Rural/Urban Definition
    For purposes of this Notice, DOT defines ``rural area'' as an area
outside an Urbanized Area \3\ (UA) as designated by the U.S. Census
Bureau. In this Notice, an ``urban area'' is defined as an area inside
a UA as a designated by the U.S. Census Bureau.\4\
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    \3\ Updated lists of UAs as defined by the Census Bureau are
available on the Census Bureau Web site at http://www2.census.gov/geo/maps/dc10map/UAUC_RefMap/ua/.
    \4\ See www.transportation.gov/TIGER for a list of UAs.
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    The Department will consider a project to be in a rural area if the
majority of the project (determined by geographic location(s) where the
majority of the money is to be spent) is located in a rural area.
However, if a project consists of multiple components, as described
under Section C.3.iii., then for each separate component the Department
will determine whether that component is rural or urban. In some
circumstances, this component-by-component determination may result in

TIGER awards that include urban and rural funds. Rural and urban
definitions differ in some other DOT programs, including TIFIA and the
Nationally Significant Freight and Highway Projects Program (Sec.
1105; 23 U.S.C. 117).
    This definition affects three aspects of the program. The FY 2017
Appropriations Act directs that (1) not less than $100 million of the
funds provided for TIGER Discretionary Grants are to be used for
projects in rural areas; (2) for a project in a rural area the minimum
award is $1 million; and (3) the Secretary may increase the Federal
share above 80 percent to pay for the costs of a project in a rural
area.
iii. Project Components
    An application may describe a project that contains more than one
component, and may describe components that may be carried out by
parties other than the applicant. DOT may award funds for a component,
instead of the larger project, if that component (1) independently
meets minimum award amounts described in Section B and all eligibility
requirements described in Section C; (2) independently aligns well with
the selection criteria specified in Section E; and (3) meets National
Environmental Policy Act (NEPA) requirements with respect to
independent utility. Independent utility means that the component will
represent a transportation improvement that is usable and represents a
reasonable expenditure of DOT funds even if no other improvements are
made in the area, and will be ready for intended use upon completion of
that component's construction. All project components that are
presented together in a single application must demonstrate a
relationship or connection between them. (See Section D.2.v. for
Required Approvals).
    Applicants should be aware that, depending upon the relationship
between project components and applicable Federal law, DOT funding of
only some project components may make other project components subject
to Federal requirements as described in Section F.2.
    DOT strongly encourages applicants to identify in their
applications the project components that have independent utility and
separately detail costs and requested TIGER funding for those
components. If the application identifies one or more independent
project components, the application should clearly identify how each
independent component addresses selection criteria and produces
benefits on its own, in addition to describing how the full proposal of
which the independent component is a part addresses selection criteria.
iv. Application Limit
    Each lead applicant may submit no more than three applications.
Unrelated project components should not be bundled in an application
for the purpose of adhering to the limit. Please note that the three-
application limit applies only to applications where the applicant is
the lead applicant. There is no limit on the number of applications for
which an applicant can be listed as a partnering agency. If a lead
applicant submits more than three applications as the lead applicant,
only the first three received will be considered. The FY 2017 and 2018
Infrastructure for Rebuilding American (INFRA) Grants solicitation (82
FR 14042) and the 2017 TIGER Discretionary Grant program have
independent application limits. Applicants applying to both INFRA
grants and the 2017 TIGER Discretionary Grants program may apply for
funding for the same project under both programs (noted in each
application), but must timely submit separate applications that
independently address how the project satisfies applicable selection
criteria for the relevant grant program. To the extent that an
application for the same project submitted to both programs contains
few or no changes to a benefit-cost analysis or project readiness
information, DOT may review and incorporate the previously completed
analysis by Department staff into the application's evaluation when
considering the project for a FY 2017 TIGER award.

D. Application and Submission Information

1. Address

    Applications must be submitted to Grants.gov. Instructions for
submitting applications can be found at www.transportation.gov/TIGER
along with specific instructions for the forms and attachments required
for submission.

2. Content and Form of Application Submission

    The application must include the Standard Form 424 (Application for
Federal Assistance), Standard Form 424C (Budget Information for
Construction Programs), cover page, and the Project Narrative. More
detailed information about the cover pages and Project Narrative
follows. Applicants should also complete and attach to their
application the ``TIGER 2017 Project Information'' form available at
www.transportation.gov/TIGER.
    The Department recommends that the project narrative follow the
basic outline below to address the program requirements and assist
evaluators in locating relevant information.

____________________________________

____________________________________
I. Project Description....................  See D.2.a.i.
II. Project Location......................  See D.2.a.ii.
III. Project Parties......................  See D.2.a.iii.
IV. Grant Funds, Sources and Uses of all    See D.2.a.iv.
 Project Funding.
V. Merit Criteria.........................  See D.2.a.v.
VI. Project Readiness.....................  See D.2.a.vii and E.1.c.ii.
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    The project narrative should include the information necessary for
the Department to determine that the project satisfies project
requirements described in Sections B and C and to assess the selection
criteria specified in Section E.1. To the extent practicable,
applicants should provide supporting data and documentation in a form
that is directly verifiable by the Department. The Department may ask
any applicant to supplement data in its application, but expects
applications to be complete upon submission.
    In addition to a detailed statement of work, detailed project
schedule, and detailed project budget, the project narrative should
include a table of contents, maps, and graphics, as appropriate to make
the information easier to review. The Department recommends that the
project narrative be prepared with standard formatting preferences (a
single-spaced document, using a standard 12-point font such as Times
New Roman, with 1-inch margins). The project narrative may not exceed
30 pages in length, excluding cover pages and table of contents. The
only substantive portions that may exceed the 30-page limit are
documents supporting assertions or conclusions made in the 30-page
project narrative. If possible, Web site links to supporting
documentation should be provided rather than copies of these supporting
materials. If supporting documents are submitted, applicants should
clearly identify within the project narrative the relevant portion of
the project narrative that each supporting document supports. At the
applicant's discretion, relevant materials provided previously to an
operating administration in support of a different DOT financial
assistance program may be referenced and described as unchanged. The
Department recommends using appropriately descriptive file names (e.g.,
``Project Narrative,'' ``Maps,'' ``Memoranda of Understanding and

Letters of Support,'' etc.) for all attachments. DOT recommends
applications include the following sections:
i. Project Description
    The first section of the application should provide a concise
description of the project, the transportation challenges that it is
intended to address, and how it will address those challenges. This
section should discuss the project's history, including a description
of any previously completed components. The applicant may use this
section to place the project into a broader context of other
infrastructure investments being pursued by the project sponsor, and,
if applicable, how it will benefit communities in rural areas.
ii. Project Location
    This section of the application should describe the project
location, including a detailed geographical description of the proposed
project, a map of the project's location and connections to existing
transportation infrastructure, and geospatial data describing the
project location. If the project is located within the boundary of a
Census-designated UA, the application should identify the UA.
iii. Grant Funds, Sources and Uses of Project Funds
    This section of the application should describe the project's
budget. This budget should not include any previously incurred
expenses. At a minimum, it should include:
    (A) Project costs;
    (B) For all funds to be used for eligible project costs, the source
and amount of those funds;
    (C) For non-Federal funds to be used for eligible project costs,
documentation of funding commitments should be referenced here and
included as an appendix to the application;
    (D) For Federal funds to be used for eligible project costs, the
amount, nature, and source of any required non-Federal match for those
funds;
    (E) A budget showing how each source of funds will be spent. The
budget should show how each funding source will share in each major
construction activity, and present that data in dollars and
percentages. Funding sources should be grouped into three categories:
Non-Federal; TIGER; and other Federal. If the project contains
individual components, the budget should separate the costs of each
project component. If the project will be completed in phases, the
budget should separate the costs of each phase. The budget detail
should sufficiently demonstrate that the project satisfies the
statutory cost-sharing requirements described in Section C.2;
    In addition to the information enumerated above, this section
should provide complete information on how all project funds may be
used. For example, if a particular source of funds is available only
after a condition is satisfied, the application should identify that
condition and describe the applicant's control over whether it is
satisfied. Similarly, if a particular source of funds is available for
expenditure only during a fixed time period, the application should
describe that restriction. Complete information about project funds
will ensure that the Department's expectations for award execution
align with any funding restrictions unrelated to the Department, even
if an award differs from the applicant's request.
iv. Merit Criteria
    This section of the application should demonstrate how the project
aligns with the Merit Criteria described in Section E.1 of this Notice.
The Department encourages applicants to either address each criterion
or expressly state that the project does not address the criterion.
Applicants are not required to follow a specific format, but the
outline suggested below, which addresses each criterion separately,
promotes a clear discussion that assists project evaluators. To
minimize redundant information in the application, the Department
encourages applicants to cross-reference from this section of their
application to relevant substantive information in other sections of
the application. The guidance in this section is about how the
applicant should organize their application. Guidance describing how
the Department will evaluate projects against the Merit Criteria is in
Section E.1 of this Notice. Applicants also should review that section
before considering how to organize their application.
(1) Primary Selection Criteria
(a) Safety
    This section of the application should describe the anticipated
outcomes of the project that support the Safety criterion (described in
Section E.1.i. of this Notice). The applicant should include
information on, and to the extent possible, quantify, how the project
would improve safety outcomes within the project area or wider
transportation network, to include how the project will reduce the
number, rate, and consequences of transportation-related accidents,
serious injuries, and fatalities among transportation users, or how the
project will eliminate unsafe grade crossings or contribute to
preventing unintended releases of hazardous materials.
(b) State of Good Repair
    This section of the application should describe how the project
will contribute to a state of good repair by improving the condition or
resilience of existing transportation facilities and system (described
in Section E.1.i. of this Notice), including the project's current
condition and how the proposed project will improve it, and any
estimation of impacts on long-term cost structures or impacts on
overall life-cycle costs.
(c) Economic Competitiveness
    This section of the application should describe how the project
will support the Economic Competitiveness criterion (described in
Section E.1.i. of this Notice). The applicant should include
information about expected impacts of the project on the movement of
goods and people, including how the project increases the efficiency of
movement and thereby reduces costs of doing business, reduces burdens
of commuting, and improves overall well-being. The applicant should
describe the extent to which the project contributes to the functioning
and growth of the economy, including the extent to which the project
addresses congestion, bridges service gaps in rural areas, or attracts
private economic development.
(d) Environmental Sustainability
    This section of the application should describe how the project
addressed the environmental sustainability criterion. Applicants are
encouraged to provide quantitative information, including baseline
information that demonstrates how the project will reduce energy
consumption, stormwater runoff, or achieve other benefits for the
environment such as brownfield redevelopment.
(e) Quality of Life
    This section should describe how the project increases
transportation choices for individuals to provide more freedom on
transportation decisions and improves access to essential services for
people in communities across the United States, particularly for rural
communities.

(2) Secondary Selection Criteria
(a) Innovation
    This section of the application should describe innovative
strategies used to pursue primary selection criteria and the
anticipated benefits of using those strategies. If an applicant is
proposing to adopt innovative safety approaches or technology, the
application should demonstrate the applicant's capacity to implement
those innovations, the applicant's understanding of whether the
innovations will require extraordinary permitting, approvals, or other
procedural actions, and the effects of those innovations on the project
delivery timeline. If an applicant plans to incorporate innovative
funding or financing, the applicant should describe the funding or
financing approach, including a description of all activities
undertaken to pursue private funding or financing for the project and
the outcomes of those activities.
(b) Partnership
    This section of the application should list all project parties,
including details about the proposed grant recipient and other public
and private parties who are involved in delivering the project. This
section should also describe efforts to collaborate among stakeholders,
including with the private sector.
v. Project Readiness
    This section of the application should include information that,
when considered with the project budget information presented elsewhere
in the application, is sufficient for the Department to evaluate
whether the project is reasonably expected to begin construction in a
timely manner. To assist the Department's project readiness assessment,
the applicant should provide the information requested on technical
feasibility, project schedule, project approvals, and project risks,
each of which is described in greater detail in the following sections.
Applicants are not required to follow the specific format described
here, but this organization, which addresses each relevant aspect of
project readiness, promotes a clear discussion that assists project
evaluators. To minimize redundant information in the application, the
Department encourages applicants to cross-reference from this section
of their application to relevant substantive information in other
sections of the application.
    The guidance here is about what information applicants should
provide and how the applicant should organize their application.
Guidance describing how the Department will evaluate a project's
readiness is described in Section E.1 of this Notice. Applicants also
should review that section when considering how to organize their
application.
    (A) Technical Feasibility. The applicant should demonstrate the
technical feasibility of the project with engineering and design
studies and activities; the development of design criteria and/or a
basis of design; the basis for the cost estimate presented in the TIGER
application, including the identification of contingency levels
appropriate to its level of design; and any scope, schedule, and budget
risk-mitigation measures. Applicants should include a detailed
statement of work that focuses on the technical and engineering aspects
of the project and describes in detail the project to be constructed.
    (B) Project Schedule. The applicant should include a detailed
project schedule that identifies all major project milestones. Examples
of such milestones include State and local planning approvals
(programming on the Statewide Transportation Improvement Program),
start and completion of NEPA and other Federal environmental reviews
and approvals including permitting; design completion; right of way
acquisition; approval of plans, specifications and estimates;
procurement; State and local approvals; project partnership and
implementation agreements including agreements with railroads; and
construction. The project schedule should be sufficiently detailed to
demonstrate that:
    (1) All necessary activities will be complete to allow TIGER funds
to be obligated sufficiently in advance of the statutory deadline
(September 30, 2020 for FY 2017 funds), and that any unexpected delays
will not put the funds at risk of expiring before they are obligated;
    (2) the project can begin construction quickly upon obligation of
TIGER funds, and that the grant funds will be spent expeditiously once
construction starts; and
    (3) all real property and right-of-way acquisition will be
completed in a timely manner in accordance with 49 CFR part 24, 23 CFR
part 710, and other applicable legal requirements or a statement that
no acquisition is necessary.
    (C) Required Approvals.
    (1) Environmental Permits and Reviews. The application should
demonstrate receipt (or reasonably anticipated receipt) of all
environmental approvals and permits necessary for the project to
proceed to construction on the timeline specified in the project
schedule and necessary to meet the statutory obligation deadline,
including satisfaction of all Federal, State and local requirements and
completion of the NEPA process. Specifically, the application should
include:
    (a) Information about the NEPA status of the project. If the NEPA
process is complete, an applicant should indicate the date of
completion, and provide a Web site link or other reference to the final
Categorical Exclusion, Finding of No Significant Impact, Record of
Decision, and any other NEPA documents prepared. If the NEPA process is
underway, but not complete, the application should detail the type of
NEPA review underway, where the project is in the process, and indicate
the anticipated date of completion of all milestones and of the final
NEPA determination. If the last agency action with respect to NEPA
documents occurred more than three years before the application date,
the applicant should describe why the project has been delayed and
include a proposed approach for verifying and, if necessary, updating
this material in accordance with applicable NEPA requirements.
    (b) Information on reviews, approvals, and permits by other
agencies. An application should indicate whether the proposed project
requires reviews or approval actions by other agencies,\5\ indicate the
status of such actions, and provide detailed information about the
status of those reviews or approvals and should demonstrate compliance
with any other applicable Federal, State, or local requirements, and
when such approvals are expected. Applicants should provide a Web site
link or other reference to copies of any reviews, approvals, and
permits prepared.
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    \5\ Projects that may impact protected resources such as
wetlands, species habitat, cultural or historic resources require
review and approval by Federal and State agencies with jurisdiction
over those resources.
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    (c) Environmental studies or other documents, preferably through a
Web site link, that describe in detail known project impacts, and
possible mitigation for those impacts.
    (d) A description of discussions with the appropriate DOT operating
administration field or headquarters office regarding the project's
compliance with NEPA and other applicable Federal environmental reviews
and approvals.
    (e) A description of public engagement about the project that has
occurred, including details on the degree to which public comments and
commitments have been integrated into project development and design.

    (2) State and Local Approvals. The applicant should demonstrate
receipt of State and local approvals on which the project depends, such
as State and local environmental and planning approvals and Statewide
Transportation Improvement Program (STIP) or (Transportation
Improvement Program) TIP funding. Additional support from relevant
State and local officials is not required; however, an applicant should
demonstrate that the project has broad public support.
    (3) Federal Transportation Requirements Affecting State and Local
Planning. The planning requirements applicable to the Federal-aid
highway program apply to all TIGER projects, but for port, freight, and
rail projects planning requirements of the operating administration
that will administer the TIGER project will also apply,\6\ including
intermodal projects located at airport facilities.\7\ Applicants should
demonstrate that a project that is required to be included in the
relevant State, metropolitan, and local planning documents has been or
will be included in such documents. If the project is not included in a
relevant planning document at the time the application is submitted,
the applicant should submit a statement from the appropriate planning
agency that actions are underway to include the project in the relevant
planning document.
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    \6\ Under 23 U.S.C. 134 and 135, all projects requiring an
action by FHWA must be in the applicable plan and programming
documents (e.g., metropolitan transportation plan, transportation
improvement program (TIP) and statewide transportation improvement
program (STIP)). Further, in air quality non-attainment and
maintenance areas, all regionally significant projects, regardless
of the funding source, must be included in the conforming
metropolitan transportation plan and TIP. Inclusion in the STIP is
required under certain circumstances. To the extent a project is
required to be on a metropolitan transportation plan, TIP, and/or
STIP, it will not receive a TIGER grant until it is included in such
plans. Projects not currently included in these plans can be amended
by the State and MPO. Projects that are not required to be in long
range transportation plans, STIPs, and TIPs will not need to be
included in such plans in order to receive a TIGER grant. Port,
freight rail, and intermodal projects are not required to be on the
State Rail Plans called for in the Passenger Rail Investment and
Improvement Act of 2008, or in a State Freight Plan as described in
the FAST Act. However, applicants seeking funding for freight
projects are encouraged to demonstrate that they have done
sufficient planning to ensure that projects fit into a prioritized
list of capital needs and are consistent with long-range goals.
Means of demonstrating this consistency would include whether the
project is in a TIP or a State Freight Plan that conforms to the
requirements Section 70202 of Title 49 prior to the start of
construction. Port planning guidelines are available at
StrongPorts.gov.
    \7\ Projects at grant obligated airports must be compatible with
the FAA-approved Airport Layout Plan, as well as aeronautical
surfaces associated with the landing and takeoff of aircraft at the
airport. Additionally, projects at an airport: Must comply with
established Sponsor Grant Assurances, including (but not limited to)
requirements for non-exclusive use facilities, consultation with
users, consistency with local plans including development of the
area surrounding the airport, and consideration of the interest of
nearby communities, among others; and must not adversely affect the
continued and unhindered access of passengers to the terminal.
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    To the extent possible, freight projects should be included in a
State Freight Plan and supported by a State Freight Advisory Committee
(49 U.S.C. 70201, 70202), if these exist. Applicants should provide
links or other documentation supporting this consideration.
    Because projects have different schedules, the construction start
date for each TIGER grant must be specified in the project-specific
agreements signed by relevant operating administration and the grant
recipients, based on critical path items that applicants identify in
the application and will be consistent with relevant State and local
plans.
    (D) Assessment of Project Risks and Mitigation Strategies. Project
risks, such as procurement delays, environmental uncertainties,
increases in real estate acquisition costs, uncommitted local match, or
lack of legislative approval, affect the likelihood of successful
project start and completion. The applicant should identify all
material risks to the project and the strategies that the lead
applicant and any project partners have undertaken or will undertake in
order to mitigate those risks. The applicant should assess the greatest
risks to the project and identify how the project parties will mitigate
those risks.
    To the extent it is unfamiliar with the Federal program, the
applicant should contact the appropriate DOT operating administration
field or headquarters offices, as found in contact information at
www.transportation.gov/TIGERgrants, for information on the pre-
requisite steps to obligate Federal funds in order to ensure that their
project schedule is reasonable and that there are no risks of delays in
satisfying Federal requirements.
vi. Benefit Cost Analysis
    This section describes the recommended approach for the completion
and submission of a benefit-cost analysis (BCA) as an appendix to the
Project Narrative. The results of the analysis should be summarized in
the Project Narrative directly, as described in Section D.2.
    Applicants should delineate each of their project's expected
outcomes in the form of a complete BCA to enable the Department to
evaluate the project's cost-effectiveness by estimating a benefit-cost
ratio and calculating the magnitude of net benefits and costs for the
project. In support of each project for which an applicant seeks
funding, that applicant should submit a BCA that quantifies the
expected benefits of the project against a no-build baseline, provides
monetary estimates of the benefits' economic value, and compares the
properly-discounted present values of these benefits to the project's
estimated costs.
    The primary economic benefits from projects eligible for TIGER
grants are likely to include savings in travel time costs, vehicle
operating costs, and safety costs for both existing users of the
improved facility and new users who may be attracted to it as a result
of the project. Reduced damages from vehicle emissions and savings in
maintenance costs to public agencies may also be quantified. Applicants
may describe other categories of benefits in the BCA that are more
difficult to quantify and value in economic terms, such as improving
the reliability of travel times or improvements to the existing human
and natural environments (such as increased connectivity, improved
public health, storm water runoff mitigation, and noise reduction),
while also providing numerical estimates of the magnitude and timing of
each of these additional impacts wherever possible. Any benefits
claimed for the project, both quantified and unquantified, should be
clearly tied to the expected outcomes of the project.
    The BCA should include the full costs of developing, constructing,
operating, and maintaining the proposed project, as well as the
expected timing or schedule for costs in each of these categories. The
BCA may also consider the present discounted value of any remaining
service life of the asset at the end of the analysis period (net of
future maintenance and rehabilitation costs) as a deduction from the
estimated costs. The costs and benefits that are compared in the BCA
should also cover the same project scope.
    The BCA should carefully document the assumptions and methodology
used to produce the analysis, including a description of the baseline,
the sources of data used to project the outcomes of the project, and
the values of key input parameters. Applicants should provide all
relevant files used for their BCA, including any spreadsheet files and
technical memos describing the analysis (whether created in-house or by
a contractor). The spreadsheets and technical memos should present the
calculations in sufficient detail and transparency to allow the
analysis to be reproduced by DOT evaluators. Detailed

guidance for estimating some types of quantitative benefits and costs,
together with recommended economic values for converting them to dollar
terms and discounting to their present values, are available in the
Department's guidance for conducting BCAs for projects seeking funding
under the TIGER program (see https://www.transportation.gov/buildamerica/TIGERgrants).
vii. Cost Share
    The applicant should describe the extent to which the project
cannot be readily and efficiently completed without a TIGER
Discretionary Grant, and describe the extent to which other sources of
funds, including Federal, State, or local funding, may or may not be
readily available for the project. This section of the application
should include information that, when considered with the project
budget information presented elsewhere in the application, is
sufficient for the Department to evaluate how the project addresses the
Cost Share criterion, including:
    (A) A description of the applicant's activities to maximize the
non-Federal share of the project funding;
    (B) a description of any fiscal constraints that affect the
applicant's ability to use non-Federal contributions;
    (C) a description of the non-Federal share across the applicant's
transportation program, if the applicant is a regular recipient of
federal transportation funding; and
    (D) a description of the applicant's plan to address the full life-
cycle costs associated with the project, including a description of
operations and maintenance funding commitments made by the applicant.
viii. Federal Wage Rate Certification (a Certification, Signed by the
Applicant(s), 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 FY 2017 Appropriations Act)
    The purpose of this recommended format is to ensure that
applications clearly address the program requirements and make critical
information readily apparent.
    DOT recommends that the project narrative be prepared with standard
formatting preferences (i.e., a single-spaced document, using a
standard 12-point font, such as Times New Roman, with 1-inch margins).
The project narrative may not exceed 30 pages in length. Documentation
supporting the assertions made in the narrative portion may also be
provided, but should be limited to relevant information. Cover pages,
tables of contents, and the federal wage rate certification do not
count towards the 30-page limit for the narrative portion of the
application. The only substantive portions of the application that may
exceed the 30-page limit are any supporting documents (including a more
detailed discussion of the benefit-cost analysis) provided to support
assertions or conclusions made in the 30-page narrative section. If
possible, Web site links to supporting documentation (including a more
detailed discussion of the benefit-cost analysis) should be provided
rather than copies of these materials. Otherwise, supporting documents
should be included as appendices to the application. Applicants'
references to supporting documentation should clearly identify the
relevant portion of the supporting material. At the applicant's
discretion, relevant materials provided previously to a relevant modal
administration in support of a different DOT discretionary financial
assistance program (for example, New Starts or TIFIA) may be referenced
and described as unchanged. This information need not be resubmitted
for the TIGER Discretionary Grant application but may be referenced as
described above; Web site links to the materials are highly
recommended. DOT recommends using appropriately descriptive file names
(e.g., ``Project Narrative,'' ``Maps,'' ``Memoranda of Understanding
and Letters of Support,'' etc.) for all attachments.

3. Unique Entity Identifier and System for Award Management (SAM)

    Each applicant must: (1) Be registered in SAM before submitting its
application; (2) provide a valid unique entity identifier in its
application; and (3) continue to maintain an active SAM registration
with current information at all times during which it has an active
Federal award or an application or plan under consideration by a
Federal awarding agency. The Department may not make a TIGER grant to
an applicant until the applicant has complied with all applicable
unique entity identifier and SAM requirements and, if an applicant has
not fully complied with the requirements by the time the Department is
ready to make a TIGER grant, the Department may determine that the
applicant is not qualified to receive a TIGER grant and use that
determination as a basis for making a TIGER grant to another applicant.

4. Submission Dates and Times

i. Deadline
    Applications must be submitted by 8:00 p.m. EDT on October 16,
2017. The Grants.gov ``Apply'' function will open by September 7, 2017.
The Department has determined that an application deadline fewer than
60 days after this notice is published is appropriate because this
notice is substantially similar to previous years.
    To submit an application through Grants.gov, applicants must:
    (1) Obtain a Data Universal Numbering System (DUNS) number;
    (2) Register with the System for Award Management (SAM) at
www.SAM.gov;
    (3) Create a Grants.gov username and password; and
    (4) The E-Business Point of Contact (POC) at the applicant's
organization must respond to the registration email from Grants.gov and
login at Grants.gov to authorize the applicant as the Authorized
Organization Representative (AOR). Please note that there can be more
than one AOR for an organization.
    Please note that the Grants.gov registration process usually takes
2-4 weeks to complete and that the Department will not consider late
applications that are the result of failure to register or comply with
Grants.gov applicant requirements in a timely manner. For information
and instruction on each of these processes, please see instructions at
http://www.grants.gov/web/grants/applicants/applicant-faqs.html. If
applicants experience difficulties at any point during the registration
or application process, please call the Grants.gov Customer Service
Support Hotline at 1(800) 518-4726, Monday-Friday from 7:00 a.m. to
9:00 p.m. EST.
ii. Consideration of Applications
    Only applicants who comply with all submission deadlines described
in this notice and electronically submit valid applications through
Grants.gov will be eligible for award. Applicants are strongly
encouraged to make submissions in advance of the deadline.
iii. Late Applications
    Applicants experiencing technical issues with Grants.gov that are
beyond the applicant's control must contact<EMAIL_ADDRESS>prior
to the application deadline with the user name of the registrant and
details of the technical issue experienced. The applicant must provide:
    (1) Details of the technical issue experienced;

    (2) Screen capture(s) of the technical issues experienced along
with corresponding Grants.gov ``Grant tracking number'';
    (3) The ``Legal Business Name'' for the applicant that was provided
in the SF-424;
    (4) The AOR name submitted in the SF-424;
    (5) The DUNS number associated with the application; and
    (6) The Grants.gov Help Desk Tracking Number.
    To ensure a fair competition of limited discretionary funds, the
following conditions are not valid reasons to permit late submissions:
(1) Failure to complete the registration process before the deadline;
(2) failure to follow Grants.gov instructions on how to register and
apply as posted on its Web site; (3) failure to follow all instructions
in this Notice of funding opportunity; and (4) technical issues
experienced with the applicant's computer or information technology
environment. After the Department reviews all information submitted and
contact the Grants.gov Help Desk to validate reported technical issues,
DOT staff will contact late applicants to approve or deny a request to
submit a late application through Grants.gov. If the reported technical
issues cannot be validated, late applications will be rejected as
untimely.

E. Application Review Information

1. Criteria

    This section specifies the criteria that DOT will use to evaluate
and award applications for TIGER Discretionary Grants. The criteria
incorporate the statutory eligibility requirements for this program,
which are specified in this notice as relevant. There are two
categories of selection criteria, ``Primary Selection Criteria'' and
``Secondary Selection Criteria.'' Projects will also be evaluated for
demonstrated project readiness, benefits and costs, and cost share.
i. Primary Selection Criteria
    Applications that do not demonstrate a likelihood of significant
long-term benefits based on these criteria will not proceed in the
evaluation process. DOT does not consider any primary selection
criterion more important than the others. The primary selection
criteria, which will receive equal consideration, are:
a. Safety
    The Department will assess the project's ability to foster a safe
transportation system for the movement of goods and people. The
Department will consider the projected impacts on the number, rate, and
consequences of crashes, fatalities and injuries among transportation
users; the project's contribution to the elimination of highway/rail
grade crossings, or the project's contribution to preventing unintended
releases of hazardous materials.
b. State of Good Repair
    The Department will assess whether and to what extent: (1) The
project is consistent with relevant plans to maintain transportation
facilities or systems in a state of good repair and address current and
projected vulnerabilities; (2) if left unimproved, the poor condition
of the asset will threaten future transportation network efficiency,
mobility of goods or accessibility and mobility of people, or economic
growth; (3) the project is appropriately capitalized up front and uses
asset management approaches that optimize its long-term cost structure;
(4) a sustainable source of revenue is available for operations and
maintenance of the project and the project will reduce overall life-
cycle costs; and (5) the project includes a plan to maintain the
infrastructure in a state of good repair. The Department will
prioritize projects that ensure the good condition of infrastructure,
including rural infrastructure, that support commerce and economic
growth.
c. Economic Competitiveness
    The Department will assess whether the project will (1) decrease
transportation costs and improve access, especially for rural
communities, through reliable and timely access to employment centers
and job opportunities; (2) improve long-term efficiency, reliability or
costs in the movement of workers or goods; (3) increase the economic
productivity of land, capital, or labor; (4) result in long-term job
creation and other economic opportunities; or (5) help the United
States compete in a global economy by facilitating efficient and
reliable freight movement.
    Projects that address congestion in major urban areas, particularly
those that do so through the use of congestion pricing or the
deployment of advanced technology, projects that bridge gaps in service
in rural areas, and projects that attract private economic development,
all support national or regional economic competitiveness. Projects
that incorporate private sector contributions, including through a
public-private partnership structure, are likely to be more competitive
that those that rely solely on public non-Federal funding.
d. Environmental Sustainability
    The Department will consider the extent to which the project
improves energy efficiency, reduces dependence on oil, reduces
congestion-related emissions, improves water quality, avoids and
mitigates environmental impacts and otherwise benefits the environment,
including through alternative right of way uses demonstrating
innovative ways to improve or streamline environmental reviews while
maintaining the same outcomes. The Department will assess the project's
ability to: (i) Reduce energy use and air or water pollution through
congestion mitigation strategies; (ii) avoid adverse environmental
impacts to air or water quality, wetlands, and endangered species; or
(iii) provide environmental benefits, such as brownfield redevelopment,
ground water recharge in areas of water scarcity, wetlands creation or
improved habitat connectivity, and stormwater mitigation.
e. Quality of Life
    The Department will consider the extent to which the project
increases transportation choices for individuals to provide more
freedom on transportation decisions and improves access to essential
services for people in communities across the United States,
particularly for rural communities. The Department will consider the
extent to which the project improves connectivity for citizens to jobs,
health care, and other critical destinations.
ii. Secondary Selection Criteria
a. Innovation
    The Department will assess the use of innovative strategies to
address the primary selection criteria. The Department particularly
seeks to experiment with innovative approaches to transportation
safety, particularly in relation to automated vehicles and the
detection, mitigation, and documentation of safety risks. When making
TIGER award decisions, the Department will consider any innovative
safety approaches proposed by the applicant, particularly projects
which incorporate innovative design solutions, enhance the environment
for automated vehicles, or use technology to improve the detection,
mitigation, and documentation of safety risks. Innovative safety
approaches may include, but are not limited to:
     Conflict detection and mitigation technologies (e.g.,
intersection alerts and signal prioritization);

     Dynamic signaling or pricing systems to reduce congestion;
     Signage and design features that facilitate autonomous or
semi-autonomous vehicle technologies;
     Applications to automatically capture and report safety-
related issues (e.g., identifying and documenting near-miss incidents);
and
     Cybersecurity elements to protect safety-critical systems.
    For innovative safety proposals, the Department will evaluate
safety benefits that those approaches could produce and the broader
applicability of the potential results.
    DOT will also assess the extent to which the project uses
innovative technology to significantly enhance the operational
performance of the transportation system. Further, DOT will consider
the extent to which the project utilizes innovative practices in
contracting, congestion management, asset management, or long-term
operations and maintenance. DOT is interested in projects that apply
innovative strategies to improve the efficiency of project development
or to improve project delivery, including by using FHWA's Special
Experimental Project No. 14 (SEP-14) and Special Experimental Project
No. 15 (SEP-15).
    DOT will also assess the extent to which the project incorporates
innovations in transportation funding and finance and leverages both
existing and new sources of funding or financing through both
traditional and innovative means, including by using private sector
funding or financing and recycled revenue from the competitive sale or
lease of publicly owned or operated assets.
b. Partnership
    The Department will consider the extent to which projects
demonstrate strong collaboration among a broad range of stakeholders.
Projects with strong partnership typically involve multiple partners in
project development and funding, such as State and local governments,
other public entities, and/or private or nonprofit entities. DOT will
also assess the extent to which the project application demonstrates
collaboration among neighboring or regional jurisdictions, including
neighboring rural areas, to achieve national, regional, or metropolitan
benefits. In the context of public-private partnerships, DOT will
assess the extent to which partners are encouraged to ensure long-term
asset performance, such as through pay-for-success approaches.
    DOT will also consider the extent to which projects include
partnerships that bring together diverse transportation agencies and/or
are supported, financially or otherwise, by other stakeholders that are
pursuing similar objectives. For example, DOT will consider the extent
to which transportation projects are coordinated with economic
development, housing, water infrastructure, and land use plans and
policies or other public service efforts.
iii. Demonstrated Project Readiness
    During application evaluation, the Department considers project
readiness to assess the likelihood of successful project. The
Department will consider significant risks to successful completion of
a project, including risks associated with environmental review,
permitting, technical feasibility, funding, and the applicant's
capacity to manage project delivery. Risks do not disqualify projects
from award, but competitive applications clearly and directly describe
achievable risk mitigation strategies. A project with mitigated risks
or with a risk mitigation plan is more competitive than a comparable
project with unaddressed risks.
iv. Project Costs and Benefits
    The Department will consider the project's costs and benefits. To
the extent possible, the Department will rely on quantitative, data-
supported analysis to assess how well a project addresses this
criterion, including an assessment of the project's estimated benefit-
cost ratio and net quantifiable benefits based on the applicant-
supplied BCA described in Section D.2.vi.
v. Cost Sharing or Matching
    The Department seeks applications for projects that exceed the
minimum non-Federal cost share requirement described in Section C.2.
Additionally, the FY 2017 Appropriations Act directs the Department to
prioritize projects that require a contribution of Federal funds to
complete an overall financing package, and all projects can increase
their competitiveness for purposes of the TIGER program by
demonstrating significant non-Federal financial contributions. TIGER
applications that include INFRA Grants program funding as part of a
proposed financing package will be less competitive than those that do
not.
    DOT recognizes that applicants have varying abilities and resources
to contribute non-Federal contributions, especially those communities
that are not routinely receiving and matching Federal funds. DOT
recognizes certain communities with fewer financial resources may
struggle to provide cost-share that exceeds the minimum requirements
and will, therefore, consider an applicant's broader fiscal constraints
when evaluating non-Federal contributions.
    This evaluation criterion is separate from the statutory cost share
requirements for TIGER grants, which are described Section C.2. Those
statutory requirements establish the minimum permissible non-Federal
share; they do not define a competitive TIGER project.
vi. Additional Considerations
    The FY 2017 Appropriations Act requires the Department to consider
contributions to geographic diversity among recipients, including the
need for a balance between the needs of rural and urban communities
when selecting TIGER projects.

2. Review and Selection Process

    DOT reviews all eligible applications received before the deadline.
The TIGER review and selection process consists of three phases:
Technical Review, Tier Two Analysis consisting of project readiness and
economic analysis, and Senior Review. A Control and Calibration Team
ensures consistency across projects and appropriate documentation
throughout the review and selection process. In the Technical
Evaluation phase, teams comprising staff from the Office of the
Secretary (OST) and modal administrations review all eligible
applications and rate projects as Highly Recommended, Recommended,
Acceptable, or Not Recommended based on how well the projects align
with the selection criteria.
    Tier 2 Analysis consists of (1) an Economic Analysis and (2) a
Project Readiness Analysis. The Economic Analysis Team, comprising OST
and modal administration economic staff, assess the potential benefits
and costs of the proposed projects. The Project Readiness Team,
comprising Office of the Secretary Office of Policy (OST-P) and modal
administration staff, evaluates the proposed project's technical and
financial feasibility, potential risks and mitigation strategies, and
project schedule, including the status of environmental approvals and
readiness to proceed.
    In the third review phase, the Senior Review Team, which includes
senior leadership from OST and the modal administrations, considers all
projects that were rated Acceptable, Recommended, or Highly Recommended
and determines which projects to advance to the Secretary as Highly
Rated. The Secretary selects from

the Highly Rated projects for final awards.

3. Additional Information

    Prior to award, each selected applicant will be subject to a risk
assessment as required by 2 CFR 200.205. The Department must review and
consider any information about the applicant that is in the designated
integrity and performance system accessible through SAM (currently the
Federal Awardee Performance and Integrity Information System (FAPIIS)).
An applicant may review information in FAPIIS and comment on any
information about itself. The Department will consider comments by the
applicant, in addition to the other information in FAPIIS, in making a
judgment about the applicant's integrity, business ethics, and record
of performance under Federal awards when completing the review of risk
posed by applicants.

F. Federal Award Administration Information

1. Federal Award Notice

    Following the evaluation outlined in Section E, the Secretary will
announce awarded projects by posting a list of selected projects at
www.transportation.gov/TIGER. Notice of selection is not authorization
to begin performance. Following that announcement, the relevant modal
administration will contact the point of contact listed in the SF 424
to initiate negotiation of the grant agreement for authorization.

2. Administrative and National Policy Requirements

    All awards will be administered pursuant to the Uniform
Administrative Requirements, Cost Principles and Audit Requirements for
Federal Awards found in 2 CFR part 200, as adopted by DOT at 2 CFR part
1201. Additionally, applicable Federal laws, rules and regulations of
the relevant operating administration administering the project will
apply to the projects that receive TIGER Discretionary Grants awards,
including planning requirements, Service Outcome Agreements,
Stakeholder Agreements, Buy America compliance, and other requirements
under DOT's other highway, transit, rail, and port grant programs.
    For projects administered by FHWA, applicable Federal laws, rules,
and regulations set forth in Title 23 U.S.C. and Title 23 CFR apply.
For an illustrative list of the applicable laws, rules, regulations,
executive orders, polices, guidelines, and requirements as they relate
to a TIGER project administered by the FHWA, please see http://www.ops.fhwa.dot.gov/freight/infrastructureinfrastructure/tiger/fy2015_gr_exhbt/index.htm. For TIGER projects administered by the
Federal Transit Administration and partially funded with Federal
transit assistance, all relevant requirements under chapter 53 of title
49 U.S.C. apply. For transit projects funded exclusively with TIGER
Discretionary Grants funds, some requirements of chapter 53 of title 49
U.S.C. and chapter VI of title 49 CFR apply. For projects administered
by the Federal Railroad Administration, FRA requirements described in
49 U.S.C. Subtitle V, part C apply.
    Federal wage rate requirements included in subchapter IV of chapter
31 of title 40, U.S.C., apply to all projects receiving funds under
this program, and apply to all parts of the project, whether funded
with TIGER Discretionary Grant funds, other Federal funds, or non-
Federal funds.

3. Reporting

i. Progress Reporting on Grant Activities
    Each applicant selected for TIGER Discretionary Grants funding must
submit quarterly progress reports and Federal Financial Reports (SF-
425) to monitor project progress and ensure accountability and
financial transparency in the TIGER program.
ii. System Performance Reporting
    Each applicant selected for TIGER Discretionary Grant funding must
collect information and report on the project's observed performance
with respect to the relevant long-term outcomes that are expected to be
achieved through construction of the project. Performance indicators
will not include formal goals or targets, but will include observed
measures under baseline (pre-project) as well as post-implementation
outcomes for an agreed-upon timeline, and will be used to evaluate and
compare projects and monitor the results that grant funds achieve to
the intended long-term outcomes of the TIGER Discretionary Grants
program are achieved. To the extent possible, performance indicators
used in the reporting should align with the measures included in the
application and should relate to at least one of the primary selection
criteria defined in Section E. Performance reporting continues for
several years after project construction is completed, and DOT does not
provide TIGER Discretionary Grant funding specifically for performance
reporting.
iii. Reporting of Matters Related to Recipient Integrity and
Performance
    If the total value of a selected applicant's currently active
grants, cooperative agreements, and procurement contracts from all
Federal awarding agencies exceeds $10,000,000 for any period of time
during the period of performance of this Federal award, then the
applicant during that period of time must maintain the currency of
information reported to the SAM that is made available in the
designated integrity and performance system (currently FAPIIS) about
civil, criminal, or administrative proceedings described in paragraph 2
of this award term and condition. This is a statutory requirement under
section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As
required by section 3010 of Public Law 111-212, all information posted
in the designated integrity and performance system on or after April
15, 2011, except past performance reviews required for Federal
procurement contracts, will be publicly available.

G. Federal Awarding Agency Contacts

    For further information concerning this notice please contact the
TIGER Discretionary Grants program staff via email at
<EMAIL_ADDRESS>or call Howard Hill at<PHONE_NUMBER>. A TDD is
available for individuals who are deaf or hard of hearing at 202-366-
3993. In addition, DOT will post answers to questions and requests for
clarifications on DOT's Web site at www.transportation.gov/TIGER. To
ensure applicants receive accurate information about eligibility or the
program, the applicant is encouraged to contact DOT directly, rather
than through intermediaries or third parties, with questions. DOT staff
may also conduct briefings on the TIGER Discretionary Grants selection
and award process upon request.

H. Other information

1. Protection of Confidential Business Information

    All information submitted as part of or in support of any
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 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. DOT protects such information from disclosure
to the extent allowed under applicable law. In the event DOT receives a
Freedom of Information Act (FOIA) request for the information, DOT 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.

Elaine L. Chao,
Secretary.
[FR Doc. 2017-19009 Filed 9-6-17; 8:45 am]
 BILLING CODE P


[Federal Register Volume 87, Number 19 (Friday, January 28, 2022)]
[Notices]
[Pages 4614-4615]
[FR Doc No: 2022-01792]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2021-N-1022]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Reporting Associated
With Food Additive Petitions, Investigational Food Additive Files
Exemptions, and Declaration of Color Additives on Animal Food Labels

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
announcing that a proposed collection of information has been submitted
to the Office of Management and Budget (OMB) for review and clearance
under the Paperwork Reduction Act of 1995.

DATES: Submit written comments (including recommendations) on the
collection of information by February 28, 2022.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be submitted to https://www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under Review--Open for Public
Comments'' or by using the search function. The OMB control number for
this information collection is 0910-0546. Also include the FDA docket
number found in brackets in the heading of this document.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10 a.m.-12 p.m.,
11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Reporting Associated With Food Additive Petitions, Investigational Food
Additive Files Exemptions, and Declaration of Color Additives on Animal
Food Labels--21 CFR 501.22(k), 570.17, 571.1, and 571.6

OMB Control Number 0910-0546--Extension

    This information collection supports FDA regulations as discussed
below. In this notice, we are combining all reporting burden associated
with FDA's regulations at Sec. Sec.  501.22(k), 570.17, 571.1, and
571.6 (21 CFR 501.22(k), 570.17, 571.1, and 571.6) into one collection
and are consolidating the burden for OMB control numbers 0910-0546 and
0910-0721. Upon approval of the consolidated collection OMB control
number 0910-0546, we will ask OMB to discontinue OMB control number
0910-0721. The information collection provisions approved under OMB
control numbers 0910-0546 and 0910-0721 are similar in that they
support FDA's regulations at Sec. Sec.  501.22(k), 570.17, 571.1, and
571.6. Thus, with this notice, FDA proposes to consolidate these
collections of information into one OMB control number for government
efficiency and to allow the public to look to one OMB control number
for all reporting associated with FDA's regulations at Sec. Sec.
501.22(k), 570.17, 571.1, and 571.6.

Food Additive Petitions and Investigational Food Additive Files
Exemptions

    Section 409(a) of the Federal Food, Drug and Cosmetic Act (FD&C
Act) (21 U.S.C. 348(a)) provides that a food additive shall be deemed
to be unsafe unless its use is permitted by a regulation which
prescribes the condition(s) under which it may safely be used, or
unless it is exempted by regulation for investigational use. Section
409(b) of FD&C Act specifies the information that must be submitted by
a petitioner in order to establish the safety of a food additive and to
secure the issuance of a regulation permitting its use.
    To implement the provisions of section 409 of the FD&C Act, we
issued procedural regulations under 21 CFR part 571. These procedural
regulations are designed to specify more thoroughly the information
that must be submitted to meet the requirement set down in broader
terms by the FD&C Act. The regulations add no substantive requirements
to those indicated in the FD&C Act but attempt to explain these
requirements and provide a standard format for submission to speed
processing of the food additive petition. Labeling requirements for
food additives intended for animal consumption are also set forth in
various regulations contained in parts 501, 573, and 579 (21 CFR parts
501, 573, and 579). The labeling regulations are considered by FDA to
be cross-referenced to Sec.  571.1, which is the subject of this same
OMB clearance for food additive petitions.
    Regarding the investigational use of food additives, section 409(j)
of the FD&C Act provides that any food additive or any food bearing or
containing such an additive may be exempted from the requirements of
this section if intended solely for investigational use by qualified
experts. Investigational use of a food additive is typically to address
the safety and/or intended physical or technical effect of the
additive. To implement the provisions of section 409(j) of the FD&C
Act, we issued regulations under Sec.  570.17. These regulations are
designed to specify more thoroughly the information that must be
submitted to meet the requirement set down in broad terms by the FD&C
Act. Labeling requirements for investigational food additive files are
also set forth in various regulations contained in part 501. The
labeling regulations are considered by FDA to be cross-referenced to
Sec.  570.17, which is the subject of this same OMB clearance for
investigational food additive files.
    The information collected is necessary to protect the public
health. We use the information submitted by

food manufacturers or food additive manufacturers to ascertain whether
the data establish the identity of the substance, justify its intended
effect in/on the food, and establish that its intended use in/on food
is safe.

Animal Food Labeling; Declaration of Certified and Non-Certified Color
Additives

    FDA has the authority under the FD&C Act to issue regulations
concerning animal food. Specifically, section 403(i) of the FD&C Act
(21 U.S.C. 343(i)) requires that certified color additives used in or
on a food must be declared by their common or usual names and not be
designated by the collective term ``colorings.'' Our regulations in
part 501 set forth the requirements for animal food labeling. Under
Sec.  501.22(k), animal food manufacturers must declare on the animal
food label the presence of certified and noncertified color additives
in their animal food products. Our animal food labeling regulation at
Sec.  501.22(k) is consistent with the regulations requiring the
declaration of color additives on human food labels. The purpose of the
labeling is to provide animal owners with information on the color
additives used in animal food. Animal owners use the information to
become knowledgeable about the foods they purchase for their animals.
    Description of Respondents: Respondents to this collection of
information are manufacturers of animal food products that contain
color additives or are manufacturers of food additives.
    In the Federal Register of October 8, 2021 (86 FR 56277), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. Although three comments were received, they
were not responsive to the four collection of information topics
solicited and therefore will not be discussed in this document.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
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                                                                 Number of
               21 CFR section                    Number of     responses per   Total annual          Average burden  per response           Total hours
                                                respondents     respondent       responses
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Food Additive Petitions:
    571.1(c); Moderate Category.............               6               1               6  3,000.....................................          18,000
    571.1(c); Complex Category..............               5               1               5  10,000....................................          50,000
    571.6; Amendment of Petition............               5               1               5  1,300.....................................           6,500
Investigational Food Additive Files:
    570.17; Moderate Category...............               6               1               6  1,500.....................................           9,000
    570.17; Complex Category................               7               1               7  5,000.....................................          35,000
Color Additives:
    501.22(k); labeling of color additive or           3,120          0.8292           2,587  0.25 (15 minutes).........................             647
     lake of color additive; labeling of
     color additives not subject to
     certification.
                                             -----------------------------------------------------------------------------------------------------------
        Total...............................  ..............  ..............  ..............  ..........................................         119,147
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\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    For the purpose of this consolidation, we base our estimate of the
total annual responses on submissions received during fiscal years 2019
and 2020. We base our estimate of the hours per response on our
experience with the labeling, food additive petition, and filing
processes.
    The information collection reflects a net decrease of 70,453 hours
(189,600 OMB approved hours--119,147 estimated hours). We also
experienced a net increase of 2,587 responses from 35 OMB approved
annual responses to 2,616 estimated annual responses. These changes
were due to the consolidating of the information collection covered by
OMB control number 0910-0721 and due to estimated changes of the number
of respondents for food additive petitions and investigational food
additive files.
    Section 571.1(c) Moderate Category: The estimated time requirement
per food additive petition remains at approximately 3,000 hours;
however, we now estimate that the number of annual respondents has
decreased from 12 to 6 respondents for a total of 18,000 hours.
    Section 571.1(c) Complex Category: The estimated time requirement
per food additive petition remains at approximately 10,000 hours;
however, we now estimate that the number of annual respondents has
decreased from 12 to 5 respondents for a total of 50,000 hours.
    Section 571.6 Amendment of Petition: We estimated that the number
of annual respondents that will submit an amendment has increased from
two to five respondents who will each submit one amendment for a total
of 6,500 hours. This is an increase of three respondents and 3,900
hours from the burden approved by OMB.
    Section 570.17 Moderate Category: We estimated that the number of
annual respondents for investigational food additive files has
increased from four to six respondents who will each submit one file
for a total of 9,000 hours. This is an increase of two respondents and
3,000 hours from the burden approved by OMB.
    Section 570.17 Complex Category: We estimated that the number of
annual respondents for investigational food additive files has
increased from five to seven respondents who will each submit one such
file, for a total of 35,000 hours. This is an increase of 10,000 hours
from the burden approved by OMB.
    Section 501.22(k) Labeling of Color Additive or Lake of Color
Additive; Labeling of Color Additives Not Subject to Certification: The
information collection reflects an adjustment in burden by 647 hours
and 2,587 responses. We attribute this adjustment due to the
consolidation of OMB control numbers 0910-0546 and 0910-0721.

    Dated: January 25, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-01792 Filed 1-27-22; 8:45 am]
BILLING CODE 4164-01-P