FTA issues final rule on private investment project procedures

Federal Transit Administration

The Federal Transit Administration (FTA) issued a final rule aimed at promoting private participation and investment in projects.

FTA says the Private Investment Project Procedures (PIPP) Final Rule describes new procedures aimed at helping the federal government develop more effective approaches to spurring private participation and investment in project planning, development, finance, design, construction, maintenance and operations.

“This Final Rule allows the public transportation industry to identify where there may be barriers to developing projects in concert with capable private partners,” said FTA Acting Administrator K. Jane Williams. “FTA is committed to encouraging innovation and streamlining project delivery while protecting the public interest.”

PIPP allows grantees the ability to identify FTA regulations, practices, procedures or guidance that may impede the use of a public-private partnership (P3) or private investment in that project. The FTA Administrator would have discretion to grant a modification or waiver of a requirement if certain criteria are met. PIPP could not be used to waive any requirement under the National Environmental Policy Act (NEPA) or any other provision of Federal statute.

FTA issued a Notice of Proposed Rulemaking (NPRM) on Private Investment Project Procedures on July 31, 2017. The final rule incorporates changes made in response to the public comments received on the NPRM.