[Federal Register Volume 68, Number 74 (Thursday, April 17, 2003)]
[Notices]
[Pages 19067-19069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9500]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Applications for TIFIA Credit Assistance
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (U.S. DOT).
ACTION: Notice of availability of funds (NOFA) inviting applications
for credit assistance for major surface transportation projects.
-----------------------------------------------------------------------
SUMMARY: The U.S. DOT's Transportation Infrastructure Finance and
Innovation Act (TIFIA) Joint Program Office (JPO) announces the
availability of funds to provide credit assistance in the form of
secured loans, lines of credit, and loan guarantees to public and
private sponsors of eligible surface transportation projects. Funding
for this program is limited, and the TIFIA JPO will lead U.S. DOT
multi-modal teams in evaluating applications for credit assistance
based on project merits and satisfaction of the TIFIA statutory
criteria. This notice announces the availability of funds and outlines
the process that applicants must follow when applying for TIFIA credit
assistance.
[[Page 19068]]
DATES: Project sponsors may apply for TIFIA assistance at any time if
their projects have met the program's threshold requirements. See
further discussion under the caption ``Application and Selection
Process'' in this notice.
ADDRESSES: Both letters of interest and completed applications should
be submitted to the attention of Mr. Duane Callender, TIFIA Joint
Program Office, U.S. Department of Transportation, Room 4301, HABF-50,
400 Seventh Street, SW., Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT: TIFIA Joint Program Office staff: Mr.
Duane Callender, (202) 366-9644; Ms. Theresa Stoll, (202) 366-9649; and
Mr. Mark Sullivan, (202) 366-5785. TIFIA Joint Program Office staff can
be contacted at the above address. Hearing- and speech-impaired persons
may use TTY by calling the Federal Information Relay Service at 1-800-
877-8339. Additional information, including the current edition of the
TIFIA Program Guide and application materials, can be obtained from the
TIFIA Web site at http://tifia.fhwa.dot.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this document may be downloaded by using a
computer, modem and suitable communications software from the
Government Printing Office's Electronic Bulletin Board Service at (202)
512-1661. Internet users may also reach 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 Transportation Equity Act for the 21st Century (TEA-21), Public
Law 105-178, 112 Stat. 107, 241, created the Transportation
Infrastructure Finance and Innovation Act of 1998 (TIFIA), authorizing
the U.S. Department of Transportation (DOT) to provide credit
assistance in the form of secured loans, lines of credit, and loan
guarantees to public and private sponsors of eligible surface
transportation projects. The TIFIA regulations (49 CFR part 80), as
well as the TIFIA Program Guide (above), provide specific guidance on
the program requirements. The TIFIA Joint Program Office (TIFIA JPO),
within the FHWA, has responsibility for coordinating program
implementation.
Since funding for this program is limited, the U.S. DOT will
evaluate and select projects based on their merits and satisfaction of
the TIFIA statutory criteria. For each selected project the U.S. DOT
will issue a term sheet outlining the basic conditions of the credit
assistance. Subsequently, the U.S. DOT will negotiate a definitive
credit agreement with each selected project sponsor.
Types of Credit Assistance Available
The U.S. DOT may provide credit assistance in the form of secured
loans, loan guarantees, and lines of credit. These types of credit
assistance are defined in 23 U.S.C. 181 and 49 CFR 80.3.
Program Funding and Limitations on Assistance
The TIFIA establishes annual funding ceilings for both total credit
assistance (i.e., the total principal amount that may be committed in
the form of direct loans, loan guarantees, or lines of credit) and
subsidy costs (i.e., the amount of budget authority available to cover
the estimated present value of the Government's expected losses
associated with the provision of credit instruments, net of any fee
income). Funding for the subsidy costs is provided in the form of
budget authority from the Highway Trust Fund (other than the Mass
Transit Account).
Total Federal credit assistance authorized for the TIFIA program in
FY 2003 is $2.6 billion. This amount will lapse on September 30, 2003,
if unused. For FY 2003 the Congress redirected $180 million in budget
authority originally authorized for TIFIA credit assistance to other
programs administered by the FHWA. Accounting for these sums, the TIFIA
program has approximately $72 million in remaining budget authority
available to fund subsidy costs in FY 2003. The Congress also has
directed the U.S. DOT to use a portion of the available TIFIA budget
authority to fund an extension of FHWA's lines of credit with the
Transportation Corridor Agencies (TCA) for the San Joaquin Hills and
Foothill Eastern toll roads in Orange County, California. Therefore,
the ultimate budget authority available for TIFIA in FY 2003 is subject
to the cost of extending the TCA line of credit. Any budget authority
not obligated in the fiscal year for which it is initially authorized
remains available for obligation in subsequent years. In addition, the
TIFIA JPO may obligate up to $2 million each year for expenses, such as
the services of external financial and legal advisors, associated with
program implementation. Credit assistance that may be provided to a
project under TIFIA is limited to not more than 33 percent of eligible
project costs.
Eligible Projects
Highway, passenger rail, transit, and intermodal projects
(including intelligent transportation systems) may receive credit
assistance under TIFIA. See the definition of ``'project''' in 23
U.S.C. 181(9). For a description of eligible projects, see 49 CFR 80.3.
Threshold Requirements
Projects seeking TIFIA credit assistance must meet certain
threshold requirements. These eligibility criteria are detailed in 23
U.S.C. 182(a) and 49 CFR 80.13.
Rating Opinions
A project sponsor must submit, with its application, a preliminary
rating opinion letter from at least one nationally recognized credit
rating agency, as detailed in 23 U.S.C. 182(b)(2)(B) and 49 CFR 80.11.
The letter must be current, must address the creditworthiness of both
the senior debt obligations funding the project (i.e., those which have
a lien senior to that of the TIFIA credit instrument on the pledged
security) and the TIFIA credit instrument, and must conclude that there
is a reasonable probability for the senior debt obligations to receive
an investment grade rating. This preliminary rating opinion letter will
be based on the financing structure proposed by the project sponsor. A
project that does not demonstrate the potential for its senior
obligations to receive an investment grade rating will not be
considered for TIFIA credit assistance.
The TIFIA JPO will use the preliminary rating opinion letter to
assess the default risk on the requested TIFIA instrument. Therefore,
the letter should provide a preliminary assessment of the financial
strength of either the overall project or the requested TIFIA
instrument, whichever assessment best reflects the rating agency's
preliminary evaluation of the default risk on the requested TIFIA
instrument.
Once selected for TIFIA credit assistance, each project must obtain
an investment grade rating on its senior debt obligations (which may be
the TIFIA credit facility) and a revised opinion on the default risk of
its TIFIA credit instrument before the FHWA will execute a credit
agreement and disburse funds. More detailed information about these
TIFIA credit opinions and ratings may be found in the TIFIA Program
Guide. The most current version of the TIFIA Program Guide and
application materials can be obtained from the TIFIA Web site.
[[Page 19069]]
Application and Selection Process
The TIFIA JPO will accept, at any time, letters of interest from
potential applicants. Subsequently, for projects that meet all
threshold requirements, the TIFIA JPO will invite the project sponsor
to apply. Using this application process, potential applicants can
match their TIFIA submissions with their project development timetable.
Potential TIFIA applicants must follow the process outlined below to be
considered for credit assistance:
1. Letter of Interest. A potential applicant for TIFIA credit
assistance must first submit a detailed letter of interest to the TIFIA
JPO. This letter should include a brief project description (including
the project's purpose, design features, and estimated capital cost),
information about the proposed financing for the project (including a
preliminary summary of sources and uses of funds and the type and
amount of credit assistance requested), a description of the proposed
project participants, and an assessment of the benefit the project
sponsor seeks to achieve through use of a TIFIA credit instrument. The
letter also should summarize the status of the project's environmental
review (i.e., whether the project has received a Categorical Exclusion,
Finding of No Significant Impact, or Record of Decision, or, at a
minimum, whether a draft Environmental Impact Statement has been
circulated). The letter of interest should not exceed ten pages. The
TIFIA JPO will lead a review of this preliminary submission to ensure
that the project meets the basic program requirements. The TIFIA JPO
will then designate an evaluation team for the project (drawing from
the U.S. DOT's various offices and operating administrations, as
necessary). The U.S. DOT evaluation team will contact the project
sponsor within approximately two to four weeks to review the readiness
of the project.
2. Application. The project sponsor may not submit an application
until it has received preliminary confirmation of eligibility from the
TIFIA JPO. The project sponsor may then submit its formal application
including all required materials (generally described in 49 CFR 80.7
and detailed in the TIFIA application form) to the TIFIA JPO. The TIFIA
JPO and the U.S. DOT evaluation teams will not review incomplete
applications or applications for projects that do not fully satisfy the
TIFIA program requirements.
The most current version of the application form can be obtained
from the TIFIA Web site.
3. Sponsor Presentation. Each applicant that passes an initial
screening of the submitted application for compliance with the TIFIA
program requirements will be invited to make a project presentation to
the TIFIA JPO and the U.S. DOT evaluation team. The TIFIA JPO will
discuss the structure and content of the presentation with the
applicant at the time of the invitation.
4. Project Selection. Based upon the application, the project
presentation and any supplemental submission of information, the TIFIA
JPO and the U.S. DOT evaluation teams will score each project according
to specific weights assigned to each of the eight statutory selection
criteria described in 23 U.S.C. 182(b) and 49 CFR 80.15 as follows:
National or regional significance, 20 percent; private participation,
20 percent; environmental benefits, 20 percent; creditworthiness, 12.5
percent; project acceleration, 12.5 percent; use of new technologies, 5
percent; consumption of budget authority, 5 percent; and reduced
Federal grant assistance, 5 percent.
The U.S. DOT will not select any project before an environmental
Record of Decision (if required, or the equivalent final agency
decision) has been issued for that project.
5. Fees. Unless otherwise notified in a subsequent NOFA published
in the Federal Register, the TIFIA JPO will require each applicant to
pay a non-refundable application fee of $30,000. This fee is based upon
historical costs associated with the U.S. DOT's evaluation of TIFIA
applications. Checks should be made payable to the Federal Highway
Administration. The project sponsor must submit this payment with the
application. No fee is required for a letter of interest. Applicants
may not include application fees or any other expenses associated with
the application process (such as charges associated with obtaining the
required preliminary rating opinion letter) among eligible project
costs for the purpose of calculating the maximum 33 percent credit
assistance.
In addition, consistent with 23 U.S.C. 183(b)(7), 183(e)(2),
184(b)(9) and with 49 CFR 80.17, the TIFIA JPO will charge each
borrower a credit processing fee equal to a portion of the costs
incurred by the TIFIA JPO in negotiating the credit agreement. Each
project term sheet will require the borrower to pay at closing, or, in
the event no credit agreement is consummated, upon invoicing by the
TIFIA JPO, an amount equal to the actual costs incurred by the TIFIA
JPO in procuring the assistance of financial advisors and outside legal
counsel through execution of the credit agreement(s) and satisfaction
of all funding requirements of those agreements. The TIFIA JPO
anticipates this fee will typically range from $100,000 to $300,000,
depending on the complexity of the financial structure and the length
of negotiations. The borrower may not include the credit processing fee
among eligible project costs for the purpose of calculating the maximum
33 percent credit assistance.
The TIFIA JPO will continue to charge borrowers a fee of not less
than $10,000 per year, which may be adjusted annually, for loan
servicing activities associated with each executed TIFIA credit
instrument. The borrower may not include the loan servicing fee among
eligible project costs for the purpose of calculating the maximum 33
percent credit assistance.
(Authority: 23 U.S.C. 181-189; 49 CFR 1.48(nn)).
Issued on: April 2, 2003.
Mary E. Peters,
Federal Highway Administrator.
[FR Doc. 03-9500 Filed 4-16-03; 8:45 am]
BILLING CODE 4910-22-P