Rule/Notice/NOFO: Private Investment Project Procedures
Federal Register/Notice: federalregister.gov
Description: The Federal Transit Administration (FTA) seeks to reduce the regulatory burden on recipients subject to FTA’s private investment procedures by removing a reporting requirement. Specifically, FTA proposes to remove subpart C (Reporting) from 49 CFR part 650. This subpart requires recipients with projects for which the Administrator has modified or waived any FTA requirement pursuant to 49 CFR 650.11, to submit to FTA a report evaluating the effects of the modification or waiver on the delivery of the project. The report must describe the modification or waiver applied to the project; evaluate the success or failure of the modification or waiver; evaluate the extent to which the modification or waiver addressed impediments to greater use of public-private partnerships and private investment in public transportation capital projects; and may include recommended changes with an explanation of how the changes would encourage greater use of public-private partnerships and private investment in public transportation capital projects. Under the current regulation, an initial report is due one year after completing construction of the project and, for projects that include private entity involvement in operations or maintenance, a second report is due two years after the project begins revenue operations.
Since issuing this rule, FTA has not received any reports pursuant to this section and thus determined this requirement is unnecessary and fails to promote public-private partnerships because it adds an additional burden to recipients that seek modification or waiver. Therefore, FTA proposes to promote public-private partnerships and reduce unnecessary regulatory burdens on FTA recipients by removing this subpart and reporting requirement.
APTA Staff Advisor: Taria Barron, tbarron@apta.com
