FTA Proposes Waiver of Rules for Certain Projects

The Federal Transit Administration has proposed a rule that it says will make it easier for public-private partnerships to be formed in public transportation projects.

In a notice of proposed rule making, the FTA said that its proposed Private Investment Project Procedures for public transportation capital projects will help the federal government develop “more effective approaches” to spurring private participation and investment in project planning, development, finance, design, construction, maintenance and operation.

Under the rule, entities that receive federal funding for public transportation projects would be allowed to identify specific FTA regulations, practices, procedures or guidance documents that may be an impediment to the use of a public-private partnership or private investment in that project.

The proposed rule calls for those receiving federal funds to apply for a waiver of specific FTA requirements if the recipient can show that the requirements would discourage the use of a public-private partnership in a project. The FTA administrator would have the discretion to modify the requirement or grant a waiver.

However, the new rule could not be used to waive requirements under the National Environmental Policy Act or other provisions of federal statutes.

Public comment on the rule will be accepted until Sept. 29.


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