
[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

[[Page 31185]]

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]

BILLING CODE 4910-22-P
