How does FTA monitor opportunities for private enterprise participation?
Planning Program Oversight
On an ongoing basis, FTA Regional Offices and FHWA Division Offices jointly oversee local planning efforts. At least every four years, FTA and FHWA jointly review planning processes in each state to ensure that they are being carried out in compliance with federal requirements. At least once every four years, FTA and FHWA also jointly review planning processes in each of the largest metropolitan areas (over 200,000 in population) and certify that they are meeting all statutory and regulatory requirements. Private enterprise participation in these planning processes is one of the planning elements monitored.
FTA’s Oversight Reviews
FTA conducts about 180 Triennial Reviews each year, completing a review of all grant recipients of urbanized area formula funds every three years. The Triennial Review includes a review of the grantee's oversight of private provider performance and compliance with FTA regulations, including the statutory protections for the private sector. Similarly, FTA conducts periodic State Management Reviews of the states’ administration of the non-urbanized, Elderly and Persons with Disabilities, JARC, and New Freedom programs.
Compliance
If FTA finds, when conducting oversights or reviews, that a grantee has not met these requirements, FTA will seek appropriate action by the grantee to come into compliance.
What should a private sector operator do if it is not being given the opportunity to participate in community transportation planning?
If a private sector transportation provider believes that it is not being afforded the opportunity to participate in state or local metropolitan transportation planning, it should first contact the responsible planning organization for the local area, i.e., the MPO in urbanized areas and state DOT in rural areas. It should convey its interest in becoming involved in local planning processes and attempt to work through any problems. Federal requirements for private sector participation in the transportation planning work in metropolitan and rural areas are clear and specific, and an expression of interest or discussion of the issues may serve to address the problems.
If the private operator is not satisfied with the results, the next step is to contact the responsible FTA Regional Office regarding its concerns, including as many specifics as possible about the complaint. While FTA does not mandate specific procedures to foster private sector participation in the operation of transit services, an opportunity for private participation in metropolitan and statewide planning is required for MPOs and state DOTs.
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