Proposed Rule2025-12175
Private Investment Project Procedures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2025
Issuing agencies
Transportation DepartmentFederal Transit Administration
Abstract
In this action, the Federal Transit Administration (FTA) seeks to reduce the regulatory burden on recipients subject to FTA's private investment procedures by removing an unnecessary reporting requirement.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Proposed Rules]
[Pages 28693-28695]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12175]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
49 CFR Part 650
[Docket No. FTA-2025-0011]
RIN 2132-AB60
Private Investment Project Procedures
AGENCY: Federal Transit Administration (FTA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: In this action, the Federal Transit Administration (FTA) seeks
to reduce the regulatory burden on recipients subject to FTA's private
investment procedures by removing an unnecessary reporting requirement.
DATES: Comments should be filed by July 31, 2025. FTA will consider
comments received after that date to the extent practicable.
ADDRESSES: You may send comments, identified by docket number FTA-2025-
0011 by any of the following methods:
<bullet> Federal Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for sending comments.
<bullet> Fax: (202) 493-2251.
<bullet> Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery/Courier: West Building, Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and
5 p.m. ET, Monday through Friday, except Federal holidays.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
rulemaking. All comments received will be posted without change to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Background
documents and comments received may also be viewed at the U.S.
Department of Transportation, 1200 New Jersey Ave. SE, Docket
Operations, West Building, Ground Floor, Room W12-140, Washington, DC
20590-0001, between 9 a.m. and 5 p.m. EST, Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Please contact Mark Montgomery, Office
of Chief Counsel, FTA, telephone at
[[Page 28694]]
202-684-5301 or <a href="/cdn-cgi/l/email-protection#3b565a4950155654554f5c54565e49427b5f544f155c544d"><span class="__cf_email__" data-cfemail="422f2330296c2f2d2c36252d2f27303b02262d366c252d34">[email protected]</span></a>. Office hours are from 8:30
a.m. to 5 p.m., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
I. Background
Section 20013(b)(1) of the Moving Ahead for Progress in the 21st
Century Act (MAP-21), Public Law 112-141 (July 6, 2012), required FTA
to identify any provisions of 49 U.S.C. chapter 53, and any regulations
or practices thereunder, that impede greater use of public-private
partnerships and private investment and to develop and implement, on a
project basis, procedures and approaches that address such impediments.
Section 20013(b)(1) of MAP-21 provided FTA discretion in addressing
impediments to public-private partnerships.
On May 30, 2018, FTA published the final rule promulgating the
Private Investment Project Procedures at 49 CFR part 650 with the
primary goal of promoting the use of public-private partnerships and
private investment in public transportation capital projects (83 FR
24672). Since issuing the final rule, FTA has determined that a
reporting requirement, not required by MAP-21, has never been used and
is inconsistent with FTA's purpose for issuing the rule.
II. Discussion of Major Changes
To reduce the burden for recipients, 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. This subpart requires the report to 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.
To ensure consistency with the objectives of part 650, as well as
Administration priorities, including Executive Order (E.O.) 14192
(``Unleashing Prosperity Through Deregulation''), FTA proposes this
deregulatory action.
III. Regulatory Analyses and Notices
A. Executive Orders 12866 and 13563 (Regulatory Review)
E.O. 12866 (``Regulatory Planning and Review''), as supplemented by
E.O. 13563 (``Improving Regulation and Regulatory Review''), directs
Federal agencies to assess the benefits and costs of regulations and to
select regulatory approaches that maximize net benefits when possible.
This action does not meet the criteria of a ``significant regulatory
action.'' Therefore, the Office of Management and Budget (OMB) has not
reviewed this action.
The proposed rule would eliminate a reporting requirement for
recipients receiving a modification or waiver pursuant to 49 CFR
650.11. To date, no recipient has submitted a report. Although
recipients would not experience direct cost savings from removing the
reporting requirement if they do not need to submit reports, removing
the requirement could reduce the time needed for recipients to
understand federal requirements.
B. Executive Order 14192 (Deregulatory Action)
E.O. 14192 (``Unleashing Prosperity Through Deregulation'')
requires that for ``each new [E.O. 14192 regulatory action] issued, at
least ten prior regulations be identified for elimination.''
Implementation Guidance for E.O. 14192, issued by OMB (Memorandum M-25-
20, March 25, 2025) defines an E.O. 14192 deregulatory action as ``an
action that has been finalized and has total costs less than zero.''
This proposed rule, if finalized, is expected to have total costs less
than zero, and therefore is expected to be an E.O. 14192 deregulatory
action.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires Federal agencies to assess the impact of a regulation on small
entities unless the agency determines the regulation is not expected to
have a significant economic impact on a substantial number of small
entities.
FTA has determined that the proposed rule would not have a
significant effect on a substantial number of small entities. The
proposed rule would eliminate a reporting requirement for recipients
receiving a modification or waiver pursuant to 49 CFR 650.11. To date,
no recipient has submitted a report.
D. Unfunded Mandates Reform Act of 1995
FTA has determined that this rule would not impose unfunded
mandates, as defined by the Unfunded Mandates Reform Act of 1995 (Pub.
L. 104-4). This rule does not include a Federal mandate that may result
in expenditures of $100 million or more in any one year, adjusted for
inflation, by State, local, and tribal governments in the aggregate or
by the private sector.
E. Executive Order 13132 (Federalism Assessment)
E.O. 13132 (``Federalism'') requires agencies to assure meaningful
and timely input by State and local officials in the development of
regulatory policies that may have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. This action has been analyzed in
accordance with the principles and criteria contained in E.O. 13132
dated August 4, 1999, and FTA determined this action does not have
sufficient Federalism implications to warrant the preparation of a
Federalism assessment. FTA also determined this action will not preempt
any State law or regulation or affect the States' ability to discharge
traditional State governmental functions.
F. Paperwork Reduction Act
Federal agencies must obtain approval from the Office of Management
and Budget (OMB) for each collection of information they conduct,
sponsor, or require through regulations. FTA has analyzed this rule
under the Paperwork Reduction Act and determined it does not impose
additional information collection requirements for the purposes of the
Act above and beyond existing information collection clearances from
OMB.
[[Page 28695]]
G. National Environmental Policy Act
Federal agencies are required to adopt implementing procedures for
the National Environmental Policy Act (NEPA) that establish specific
criteria for, and identification of, three classes of actions: (1)
Those that normally require preparation of an Environmental Impact
Statement, (2) those that normally require preparation of an
Environmental Assessment, and (3) those that are categorically excluded
from further NEPA review. This rule qualifies for categorical
exclusions under 23 CFR 771.118(c)(4) (planning and administrative
activities that do not involve or lead directly to construction). FTA
has evaluated whether the rule will involve unusual or extraordinary
circumstances and has determined that it will not.
H. Executive Order 13175 (Tribal Consultation)
FTA has analyzed this rule under E.O. 13175 (``Consultation and
Coordination with Indian Tribal Governments'') and it will not have
substantial direct effects on one or more Indian tribes; will not
impose substantial direct compliance costs on Indian tribal
governments; and will not preempt tribal laws. Therefore, a tribal
summary impact statement is not required.
I. Executive Order 13211 (Energy Effects)
FTA has analyzed this action under E.O. 13211 (``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use''). FTA has determined this action is not a significant energy
action under that order and is not likely to have a significant adverse
effect on the supply, distribution, or use of energy. Therefore, a
Statement of Energy Effects is not required.
J. Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review U.S. DOT's complete
Privacy Act Statement in the Federal Register published on April 11,
2000 (65 FR 19477).
K. Regulation Identifier Number (RIN)
A Regulation Identifier Number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this rule with the
Unified Agenda.
List of Subjects in 49 CFR Part 650
Grant programs-transportation, Mass transportation, Reporting and
recordkeeping requirements.
For the reasons stated in the preamble, FTA proposes to amend title
49, Code of Federal Regulations, part 650, as set forth below:
PART 650--PRIVATE INVESTMENT PROJECT PROCEDURES
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1. The authority citation for part 650 continues to read as follows:
Authority: Sec. 20013(b)(5), Pub. L. 112-141, 126 Stat 405; 49
CFR 1.91.
Subpart C--Reporting [Removed and Reserved]
0
2. Remove and reserve subpart C, consisting of Sec. 650.21.
Issued in Washington, DC, under authority delegated in 49 CFR
1.91.
Tariq Bokhari,
Acting Administrator.
[FR Doc. 2025-12175 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-57-P
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