80 FR 38801 - Pilot Program for Expedited Project Delivery
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 80, Issue 129 (July 7, 2015)
Federal Transit Administration
Federal Register Volume 80, Issue 129 (July 7, 2015)
| Page Range | 38801-38802 | |
| FR Document | 2015-16515 |
[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)] [Notices] [Pages 38801-38802] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16515] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration Pilot Program for Expedited Project Delivery AGENCY: Federal Transit Administration, DOT. ACTION: Request for Expressions of Interest to Participate. ----------------------------------------------------------------------- SUMMARY: The Federal Transit Administration (FTA) announces establishment of the Pilot Program for Expedited Project Delivery (Pilot Program) authorized by Section 20008 of the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law 112-141, July 6, 2012, and solicits expressions of interest to participate. The Pilot Program is aimed at increasing innovation, improving efficiency and timeliness of project implementation, and encouraging new revenue streams for new fixed guideway projects and core capacity improvement projects. FTA plans to use the lessons learned from the Pilot Program to assist other project sponsors to develop more effective approaches to project planning, project development, finance, design, and construction. Additionally, FTA anticipates that the Pilot Program will help to identify impediments in current laws, regulations, and practices to the greater use of innovative project development and delivery methods or innovative financing arrangements. Participants selected for the Pilot Program may receive enhanced technical assistance and expedited FTA reviews to speed up planning, development, and delivery of eligible Capital Investment Grant (CIG) program projects and ultimately receive Full Funding Grant Agreements under that program. Should legislation be enacted for the Pilot Program that would allow projects to proceed outside of the normal CIG program processes and criteria, participants also may be able to receive a Full Funding Grant Agreement under the terms of that legislation. Lastly, participants selected for the Pilot Program also may benefit from technical assistance provided by the Department of Transportation's Build America Transportation Investment Center (BATIC). This announcement is available on the FTA's Web site at: www.fta.dot.gov. DATES: Expressions of interest to become one of the three selected participants in the Pilot Program for Expedited Project Delivery must be submitted to FTA by mail, email or facsimile by August 1, 2015. Mail submission must be addressed to the Office of Planning and Environment, Federal Transit Administration, 1200 New Jersey Avenue SE, Room E45- 119, Washington, DC 20590 and postmarked no later than August 1, 2015. Email submissions must be sent to [email protected] by 11:59 p.m. EDT on August 1, 2015. Facsimile submissions must be submitted to the attention of Expedited Project Delivery Pilot Program at 202-493-2478 by 11:59 p.m. EDT on August 1, 2015. If there are insufficient candidate projects that are able to meet the requirements of the Pilot Program, FTA may conduct additional application rounds in the future. FOR FURTHER INFORMATION CONTACT: Brian Jackson, FTA Office of Planning and Environment, telephone (202) 366-8520 or email [email protected]. SUPPLEMENTARY INFORMATION: 1. Background Each year FTA, together with its transit industry partners, invests billions of dollars in capital projects designed to improve public transportation by reinvesting in existing assets to expand capacity or by increasing the extent and quality of public transportation service by making new investments. These projects take considerable time to plan, develop, design, approve and deploy. While it is important for FTA to ensure that it selects only well-conceived projects for funding and that they are implemented in the most efficient and effective manner, too long a process delays the delivery of the intended benefits to the riding public. 2. Pilot Program Section 20008(b) of MAP-21 establishes a Pilot Program for new fixed guideway or core capacity projects as defined under the Section 5309 Capital Investment Grant (CIG) program that demonstrate innovative project development and delivery methods or innovative financing arrangements. Section 20008(b) specifies that FTA must select three eligible projects for the Pilot Program: (1) at least one project must request greater than $100 million in Section 5309 CIG funds; (2) at least one project must request less than $100 million in CIG funds; and (3) a project that requests any amount of CIG funds. Section 20008(b) requires that the CIG share of the total cost of selected projects must not exceed 50 percent. It also specifies that projects already in receipt of an FFGA are not eligible. Section 20008(b) requires that project sponsors applying to participate must submit: (1) information identifying the proposed eligible project; (2) a schedule and finance plan for the construction and operation of the project; (3) an analysis of the efficiencies of the proposed project development and delivery methods or innovative financing arrangements for the project; and (4) a certification that the project sponsor's existing public transportation system is in a state of good repair. FTA may not award a full funding grant agreement until after the project sponsor has completed necessary planning activities and the National Environmental Policy Act (NEPA) process, and the recipient has demonstrated the necessary legal, technical, and financial capacity to successfully complete the project. The law requires participants in the program to develop a Before and After Study Report that describes and analyzes the impacts of the project on public transportation services and ridership, describes and analyzes the consistency of predicted and actual benefits and costs of the innovative project development and delivery or innovative financing, and identifies reasons for any differences between the predicted and actual outcomes. The law requires the project sponsor submit the Before and After Study Report to FTA not later than nine months after the initiation of revenue service of the project. FTA recently issued Proposed CIG Interim Policy Guidance to fully implement the changes made by MAP-21 to the program, and expects to finalize this guidance shortly, thereby facilitating the implementation of this Pilot Program. At present, there is no separate funding for the Pilot Program. Instead, the projects in the Pilot Program must compete for CIG funding. In addition, the provisions of Section 20008(b) also do not provide for any exemption from the requirements of the CIG program, including the rating and evaluation of projects under the project [[Page 38802]] justification and local financial commitment criteria specified in law. In the absence of such an exemption, projects selected for the Pilot Program must meet the requirements of Section 5309 to be eligible for funding. If in the future, legislation is enacted that exempts projects in the Pilot Program from procedural and/or project evaluation requirements of the CIG program, participants in the Pilot Program could be eligible to receive a Full Funding Grant Agreement under the terms of the exemption. FTA believes there may be alternative approaches sponsors could propose to expedite the delivery of CIG projects. Accordingly, FTA is soliciting expressions of interest to participate in the Pilot Program. Specifically, CIG project sponsors who are considering becoming a candidate for CIG funding by requesting entry into the Project Development phase or who are already in the Project Development or Engineering phases of the CIG process may request to be selected for the Pilot Program. Selected projects may: (1) receive enhanced technical assistance on aspects of developing and delivering CIG projects; and/or (2) be allowed alternative, expedited ways of proceeding through the steps required by law in the CIG project development process. For example, the Department of Transportation has established the Build America Transportation Investment Center to provide technical assistance on innovative financing approaches, and participants selected for the Pilot Program may receive assistance from the Center. With respect to expediting ways projects selected for the Pilot Program may proceed through steps in the CIG process, FTA may be able to better tailor the requirements for Project Management Oversight to the scope of the project, its delivery method, and/or the characteristics of the project sponsor. Project sponsors submitting information to FTA for consideration for the Pilot Program are invited to propose alternative ways that FTA might satisfy the requirements established by law for CIG projects. For example, FTA expects that it will be necessary to establish the cost, scope, and schedule for CIG projects to a reasonable level of confidence, which is now accomplished in a number of ways, such as risk assessments and other oversight reviews, at several steps in the process. However, there may be ways to achieve the same goals in a manner which may take less time and effort. Project sponsors submitting expressions of interest to the Pilot Program also may suggest alternate approaches to any other aspect of the CIG evaluation process that the sponsor believes will save time and effort, while still assuring compliance with the CIG program requirements outlined in law. FTA is particularly interested in receiving expressions of interest from project sponsors who are considering pursuing Value Capture techniques as part of their innovative project financing arrangements. FTA would like to explore what Value Capture mechanisms might be used, and how FTA could facilitate such arrangements. 3. Expression of Interest Submission Process Project sponsors must submit the required information by mail, email or facsimile by August 1, 2015, as specified in the DATES section of this Notice above. FTA reserves the right to request additional clarifying information from any and all project sponsors before making a selection to participate in the Pilot Program. Project sponsors wishing to participate in the Pilot Program must submit an expression of interest to FTA no longer than 20 pages in length including any supporting documentation. While there is no specific format that must be followed for the expression of interest, the narrative provided by the project sponsor to FTA should include the following information: a. A description of the proposed project that provides sufficient information to demonstrate its eligibility for the CIG program; b. The proposed project schedule and an outline of the proposed financing plan for the project, including the amount of CIG funding sought; c. The proposed innovative project development and delivery method or innovative financing technique for the proposed project and an explanation of the efficiencies intended to be achieved by the proposed methods or techniques; d. How the project sponsor intends to analyze the efficiencies of the proposed project development or delivery methods or innovative financing arrangements, in order to complete the Before and After Study required by Section 20008(b); e. Evidence in support of the required certification that the project sponsor's existing public transportation system is in a state of good repair, including an explanation of how the sponsor expects to reach that conclusion; f. Documentation that the project has completed the steps required by the Metropolitan Planning process to be included in the Metropolitan Transportation Plan and Transportation Improvement Program, or a schedule demonstrating the project will complete the process in the foreseeable future; g. Documentation that the project has completed the NEPA process or a schedule demonstrating the project will complete the NEPA process in the foreseeable future. 4. Candidate Project Evaluation and Selection FTA will evaluate the proposals to determine which proposed projects best meet the intent of Section 20008(b). FTA will select three projects from the submitted expressions of interest to be part of the Pilot Program: one seeking less than $100 million in CIG funds, one seeking more than $100 million in CIG funds, and one additional project. Before awarding a Full Funding Grant Agreement, planning and NEPA requirements must be completed, and FTA will evaluate the legal, technical, and financial capacity of the project sponsor to ensure that the project will be carried out successfully. Unless legislation is enacted that provides for an exemption from the other requirements of Section 5309 CIG program in the future, projects in the Pilot Program will be subject to the procedural and evaluation and rating requirements of the CIG program. FTA may announce final selections on its Web site and in the Federal Register. Therese W. McMillan, Acting Administrator. [FR Doc. 2015-16515 Filed 7-6-15; 8:45 am] BILLING CODE P
![Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices 38801
Total Estimated Annual Burden: criteria, participants also may be able to development and delivery methods or
2,217 hours. receive a Full Funding Grant Agreement innovative financing arrangements.
Status: Emergency Review. under the terms of that legislation. Section 20008(b) specifies that FTA
Pursuant to 44 U.S.C. 3507(a) and 5 Lastly, participants selected for the Pilot must select three eligible projects for the
CFR 320.5(b), 1320.8(b)(3)(vi), FRA Program also may benefit from technical Pilot Program: (1) at least one project
informs all interested parties that it may assistance provided by the Department must request greater than $100 million
not conduct or sponsor, and a of Transportation’s Build America in Section 5309 CIG funds; (2) at least
respondent is not required to respond Transportation Investment Center one project must request less than $100
to, a collection of information unless it (BATIC). This announcement is million in CIG funds; and (3) a project
displays a currently valid OMB control available on the FTA’s Web site at: that requests any amount of CIG funds.
number. www.fta.dot.gov. Section 20008(b) requires that the CIG
Authority: 44 U.S.C. 3501–3520. DATES: Expressions of interest to become
share of the total cost of selected
one of the three selected participants in projects must not exceed 50 percent. It
Rebecca Pennington, also specifies that projects already in
Chief Financial Officer. the Pilot Program for Expedited Project
receipt of an FFGA are not eligible.
Delivery must be submitted to FTA by
[FR Doc. 2015–16607 Filed 7–6–15; 8:45 am] Section 20008(b) requires that project
mail, email or facsimile by August 1, sponsors applying to participate must
BILLING CODE 4910–06–P
2015. Mail submission must be submit: (1) information identifying the
addressed to the Office of Planning and proposed eligible project; (2) a schedule
DEPARTMENT OF TRANSPORTATION Environment, Federal Transit and finance plan for the construction
Administration, 1200 New Jersey and operation of the project; (3) an
Federal Transit Administration Avenue SE, Room E45–119, analysis of the efficiencies of the
Washington, DC 20590 and postmarked proposed project development and
Pilot Program for Expedited Project no later than August 1, 2015. Email
Delivery delivery methods or innovative
submissions must be sent to financing arrangements for the project;
AGENCY: Federal Transit Administration, ExpeditedProjectDevliery@fta.dot.gov by and (4) a certification that the project
DOT. 11:59 p.m. EDT on August 1, 2015. sponsor’s existing public transportation
Facsimile submissions must be system is in a state of good repair. FTA
ACTION: Request for Expressions of
Interest to Participate. submitted to the attention of Expedited may not award a full funding grant
Project Delivery Pilot Program at 202– agreement until after the project sponsor
SUMMARY: The Federal Transit 493–2478 by 11:59 p.m. EDT on August has completed necessary planning
Administration (FTA) announces 1, 2015. If there are insufficient activities and the National
establishment of the Pilot Program for candidate projects that are able to meet Environmental Policy Act (NEPA)
Expedited Project Delivery (Pilot the requirements of the Pilot Program, process, and the recipient has
Program) authorized by Section 20008 FTA may conduct additional demonstrated the necessary legal,
of the Moving Ahead for Progress in the application rounds in the future. technical, and financial capacity to
21st Century Act (MAP–21), Public Law FOR FURTHER INFORMATION CONTACT: successfully complete the project.
112–141, July 6, 2012, and solicits Brian Jackson, FTA Office of Planning The law requires participants in the
expressions of interest to participate. and Environment, telephone (202) 366– program to develop a Before and After
The Pilot Program is aimed at increasing 8520 or email Brian.Jackson@dot.gov. Study Report that describes and
innovation, improving efficiency and SUPPLEMENTARY INFORMATION: analyzes the impacts of the project on
timeliness of project implementation, public transportation services and
and encouraging new revenue streams 1. Background ridership, describes and analyzes the
for new fixed guideway projects and Each year FTA, together with its consistency of predicted and actual
core capacity improvement projects. transit industry partners, invests benefits and costs of the innovative
FTA plans to use the lessons learned billions of dollars in capital projects project development and delivery or
from the Pilot Program to assist other designed to improve public innovative financing, and identifies
project sponsors to develop more transportation by reinvesting in existing reasons for any differences between the
effective approaches to project planning, assets to expand capacity or by predicted and actual outcomes. The law
project development, finance, design, increasing the extent and quality of requires the project sponsor submit the
and construction. Additionally, FTA public transportation service by making Before and After Study Report to FTA
anticipates that the Pilot Program will new investments. These projects take not later than nine months after the
help to identify impediments in current considerable time to plan, develop, initiation of revenue service of the
laws, regulations, and practices to the design, approve and deploy. While it is project.
greater use of innovative project important for FTA to ensure that it FTA recently issued Proposed CIG
development and delivery methods or selects only well-conceived projects for Interim Policy Guidance to fully
innovative financing arrangements. funding and that they are implemented implement the changes made by MAP–
Participants selected for the Pilot in the most efficient and effective 21 to the program, and expects to
Program may receive enhanced manner, too long a process delays the finalize this guidance shortly, thereby
technical assistance and expedited FTA delivery of the intended benefits to the facilitating the implementation of this
reviews to speed up planning, riding public. Pilot Program. At present, there is no
development, and delivery of eligible separate funding for the Pilot Program.
2. Pilot Program
tkelley on DSK3SPTVN1PROD with NOTICES
Capital Investment Grant (CIG) program Instead, the projects in the Pilot
projects and ultimately receive Full Section 20008(b) of MAP–21 Program must compete for CIG funding.
Funding Grant Agreements under that establishes a Pilot Program for new In addition, the provisions of Section
program. Should legislation be enacted fixed guideway or core capacity projects 20008(b) also do not provide for any
for the Pilot Program that would allow as defined under the Section 5309 exemption from the requirements of the
projects to proceed outside of the Capital Investment Grant (CIG) program CIG program, including the rating and
normal CIG program processes and that demonstrate innovative project evaluation of projects under the project
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![38802 Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices
justification and local financial suggest alternate approaches to any Transportation Plan and Transportation
commitment criteria specified in law. In other aspect of the CIG evaluation Improvement Program, or a schedule
the absence of such an exemption, process that the sponsor believes will demonstrating the project will complete
projects selected for the Pilot Program save time and effort, while still assuring the process in the foreseeable future;
must meet the requirements of Section compliance with the CIG program g. Documentation that the project has
5309 to be eligible for funding. If in the requirements outlined in law. FTA is completed the NEPA process or a
future, legislation is enacted that particularly interested in receiving schedule demonstrating the project will
exempts projects in the Pilot Program expressions of interest from project complete the NEPA process in the
from procedural and/or project sponsors who are considering pursuing foreseeable future.
evaluation requirements of the CIG Value Capture techniques as part of 4. Candidate Project Evaluation and
program, participants in the Pilot their innovative project financing Selection
Program could be eligible to receive a arrangements. FTA would like to
Full Funding Grant Agreement under explore what Value Capture FTA will evaluate the proposals to
the terms of the exemption. mechanisms might be used, and how determine which proposed projects best
FTA believes there may be alternative FTA could facilitate such arrangements. meet the intent of Section 20008(b).
approaches sponsors could propose to FTA will select three projects from the
expedite the delivery of CIG projects. 3. Expression of Interest Submission submitted expressions of interest to be
Accordingly, FTA is soliciting Process part of the Pilot Program: one seeking
expressions of interest to participate in Project sponsors must submit the less than $100 million in CIG funds, one
the Pilot Program. Specifically, CIG required information by mail, email or seeking more than $100 million in CIG
project sponsors who are considering facsimile by August 1, 2015, as specified funds, and one additional project.
becoming a candidate for CIG funding in the DATES section of this Notice Before awarding a Full Funding Grant
by requesting entry into the Project above. FTA reserves the right to request Agreement, planning and NEPA
Development phase or who are already additional clarifying information from requirements must be completed, and
in the Project Development or any and all project sponsors before FTA will evaluate the legal, technical,
Engineering phases of the CIG process making a selection to participate in the and financial capacity of the project
may request to be selected for the Pilot Pilot Program. sponsor to ensure that the project will
Program. Selected projects may: (1) Project sponsors wishing to be carried out successfully. Unless
receive enhanced technical assistance participate in the Pilot Program must legislation is enacted that provides for
on aspects of developing and delivering submit an expression of interest to FTA an exemption from the other
CIG projects; and/or (2) be allowed no longer than 20 pages in length requirements of Section 5309 CIG
alternative, expedited ways of including any supporting program in the future, projects in the
proceeding through the steps required documentation. While there is no Pilot Program will be subject to the
by law in the CIG project development specific format that must be followed for procedural and evaluation and rating
process. the expression of interest, the narrative requirements of the CIG program. FTA
For example, the Department of provided by the project sponsor to FTA may announce final selections on its
Transportation has established the Build should include the following Web site and in the Federal Register.
America Transportation Investment information:
Center to provide technical assistance a. A description of the proposed Therese W. McMillan,
on innovative financing approaches, project that provides sufficient Acting Administrator.
and participants selected for the Pilot information to demonstrate its eligibility [FR Doc. 2015–16515 Filed 7–6–15; 8:45 am]
Program may receive assistance from the for the CIG program; BILLING CODE P
Center. With respect to expediting ways b. The proposed project schedule and
projects selected for the Pilot Program an outline of the proposed financing
may proceed through steps in the CIG plan for the project, including the DEPARTMENT OF TRANSPORTATION
process, FTA may be able to better tailor amount of CIG funding sought;
the requirements for Project c. The proposed innovative project Office of the Secretary of
Management Oversight to the scope of development and delivery method or Transportation
the project, its delivery method, and/or innovative financing technique for the
Notice of Funding Availability for the
the characteristics of the project proposed project and an explanation of
sponsor. Small Business Transportation
the efficiencies intended to be achieved
Project sponsors submitting Resource Center Program
by the proposed methods or techniques;
information to FTA for consideration for d. How the project sponsor intends to AGENCY: Office of Small and
the Pilot Program are invited to propose analyze the efficiencies of the proposed Disadvantaged Business Utilization
alternative ways that FTA might satisfy project development or delivery (OSDBU), Office of the Secretary of
the requirements established by law for methods or innovative financing Transportation (OST), Department of
CIG projects. For example, FTA expects arrangements, in order to complete the Transportation (DOT).
that it will be necessary to establish the Before and After Study required by ACTION: Notice of Funding Availability
cost, scope, and schedule for CIG Section 20008(b); for the Mid-Atlantic Region SBTRC.
projects to a reasonable level of e. Evidence in support of the required
confidence, which is now accomplished certification that the project sponsor’s SUMMARY: The Department of
in a number of ways, such as risk existing public transportation system is Transportation (DOT), Office of the
tkelley on DSK3SPTVN1PROD with NOTICES
assessments and other oversight in a state of good repair, including an Secretary (OST), Office of Small and
reviews, at several steps in the process. explanation of how the sponsor expects Disadvantaged Business Utilization
However, there may be ways to achieve to reach that conclusion; (OSDBU) announces the opportunity
the same goals in a manner which may f. Documentation that the project has for; business centered community-based
take less time and effort. Project completed the steps required by the organizations; transportation-related
sponsors submitting expressions of Metropolitan Planning process to be trade associations; colleges and
interest to the Pilot Program also may included in the Metropolitan universities; community colleges or;
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Document Created: 2015-12-15 13:27:46
Document Modified: 2015-12-15 13:27:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Request for Expressions of Interest to Participate. | |
| Dates | Expressions of interest to become one of the three selected participants in the Pilot Program for Expedited Project Delivery must be submitted to FTA by mail, email or facsimile by August 1, 2015. Mail | |
| Contact | Brian Jackson, FTA Office of Planning and Environment, telephone (202) 366-8520 or email [email protected] | |
| FR Citation | 80 FR 38801 |
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