Private Enterprise Provisions in Statutes, Regulations, and FTA Circulars

Statutes

• 49 U.S.C. § 5303 (i)(5) – Metropolitan transportation planning.  Participation by interested parties. (A) In general.  Each metropolitan planning organization shall provide  . . . private providers of transportation . . . with a reasonable opportunity to comment on the transportation plan.  

• 49 U.S.C. § 5303 (k)(5) – Planning programs.  Transportation management areas.  Certification.  (A) In general.   The Secretary shall (i) ensure that the metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal Law; and (ii) subject to subparagraph (B), certify, not less often than once every 4 years, that the requirements of this paragraph are met with respect to the metropolitan planning process.  

• 49 U.S.C. § 5304 (f)(3) – Statewide transportation planning.  Participation by interested parties.  (A) In general.   In developing the statewide transportation plan, the State shall provide . . . private providers of transportation . . . with a reasonable opportunity to comment on the proposed plan. 

• 49 U.S.C. § 5304 (g)(3) – Statewide transportation improvement program.  Participation by interested parties.  In developing the program, the State shall provide . . . private providers of transportation . . .  with a reasonable opportunity to comment on the proposed program. 

• 49 U.S.C. § 5306 – Private enterprise participation in metropolitan planning and transportation improvement programs and relationship to other limitations.
  (a)  Private enterprise participation.  A plan or program required by sections 5303, 5304, or 5305 of this title shall encourage to the maximum extent feasible, as determined by local policies, criteria, and decisionmaking, the participation of private enterprise.  If equipment or a facility already being used in an urban area is to be acquired under this chapter, the program shall provide that it be improved so that it will better serve the transportation needs of the area.
  (b) Relationship to other limitations —Sections 5303-5305 of this title do not authorize—a metropolitan planning organization to impose a legal requirement on a transportation facility, provider, or project not eligible under this chapter of title 23; and intervention in the management of a transportation authority.

• 49 U.S.C. § 5307 (c) – Public Participation Requirements.  Each recipient of a grant shall
  (1) make available to the public information on amounts available to the recipient under this section and the program of projects the recipient proposes to undertake. 
  (2) develop, in consultation with interested parties, including private transportation providers, a proposed program of projects for activities to be financed;
  (3) publish a proposed program of projects in a way that affected citizens, private transportation providers, and local elected officials have the opportunity to examine the proposed program and submit comments on the proposed program and the performance of the recipient;
  (4) provide an opportunity for a public hearing in which to obtain the views of citizens on the proposed program of projects;  
  (5) ensure that the proposed program of projects provides for the coordination of public transportation services assisted under section 5336 of this title with transportation services assisted from other United States Government sources. 
  (6) consider comments and views received, especially those of private transportation providers, in preparing the final program of projects; and
  (7) make the final program of projects available to the public. 

Joint FTA/FHWA Planning Regulation: Planning Assistance and Standards, 23 CFR Part 450

• Section 450-210 (a) – Interested parties, public involvement, and consultation. In carrying out the statewide transportation planning process, including development of the long-range statewide transportation plan and the STIP [Statewide Transportation Improvement Program], the State shall develop and use a documented public involvement process that provides opportunities for public review and comment at key decision points.  (1) The State’s public involvement process at a minimum shall:  (i) Establish early and continuous public involvement opportunities that provide timely information about transportation issues and decisionmaking processes to . . .  private providers of transportation . . . and other interested parties.

• Section 450-214 (k) – Development and content of the long-range statewide transportation plan.  Section (k).  In developing and updating the long-range statewide transportation plan, the State shall provide . . . private providers of transportation . . . with a reasonable opportunity to comment on the proposed long-range statewide transportation plan.  In carrying out these requirements, the State shall, to the maximum extent practicable utilize the public involvement process described under 450.210(a).

• Section 450-216 (a) – Development and content of the statewide transportation improvement program (STIP).  The State shall develop a statewide transportation improvement program (STIP) for all areas of the State. 

• Section 450-216 (f) – Development and content of the statewide transportation improvement program (STIP).  The Governor shall provide all interested parties with a reasonable opportunity to comment on the proposed STIP as required by 450.210(a). 

• Section 450-316 (a) – Interested parties, participation, and consultation.  The MPO shall develop and use a documented participation plan that defines a process for providing . . . private providers of transportation . . . with reasonable opportunities to be involved in the metropolitan transportation planning process.  (1) The participation plan shall be developed by the MPO in consultation with all interested parties and shall, at a minimum, describe explicit procedures, strategies, and desired outcomes for:  (i)  Providing adequate public notice of public participation activities and time for public review and comment at key decision points, including  but not limited to a reasonable opportunity to comment on the proposed metropolitan transportation plan and the TIP; (ii)  Providing timely notice and reasonable access to information about transportation issues and processes.

• Section 450.322 (i) – Development and content of the metropolitan transportation plan.   The MPO shall provide  . . . private providers of transportation . . . with a reasonable opportunity to comment on the transportation plan using the participation plan developed under Section 450.316(a).

• Section 450.324 – Development and content of the transportation improvement program (TIP).  (a)  The MPO, in cooperation with the State(s) and any affected public transportation operator(s), shall develop a TIP for the metropolitan planning area. . . .  (b)  The MPO shall provide all interested parties with a reasonable opportunity to comment on the proposed TIP as required by 450.316(a). . . .

The complete text of the joint Federal Highway Administration and Federal Transit Administration “Planning Assistance and Standards” regulation, 23 CFR Part 450, can be accessed on line at
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=0f951b5d5c6fc2e82a3340379b74509b&rgn=div5&view=text&node=23:1.0.1.5.11&idno=23.

Private Enterprise Provisions in FTA Circulars

The following FTA Circulars provide statutory, regulatory and policy guidance to applicants and recipients concerning private enterprise provisions applicable to FTA recipients:

• Circular 8100.1B – Program Guidance and Application Instructions for Metropolitan Planning Grants, October 25, 1996.  Chapter I, 1. j. An opportunity must be made available for participation of private enterprise in developing and implementing transportation plans and programs.

The complete text of FTA’s “Program Guidance and Application Instructions for Metropolitan Planning Grants” can be accessed on line at
http://www.fta.dot.gov/laws/circulars/leg_reg_4123.html

• Circular 9030.1C – Urbanized Area Formula Program: Grant Application Instructions, October 1, 1998.
   24. Private Enterprise Concerns
    a. Participation by Private Enterprise (Reference to §5306(a); 5323(a)(1)(B); 23 CFR Part 450.322(c); Federal Register Notice “Private Enterprise Participation,” of April 26, 1994 (59 Fed.Reg.21890 et seq. (1994); 49 USC §5303-5306)
    b. Acquisition of Private Mass Transportation Facilities (Reference to 49 USC §5306(a); 49 USC §5323(a)(1)(C))

The complete text of FTA’s “Urbanized Area Formula Program:  Grant Application Instructions”   can be accessed on line at http://www.fta.dot.gov/laws/circulars/leg_reg_4125.html

• Circular 9040.1F – Nonurbanized Area Formula Program Guidance and Grant Application Instructions, April 1, 2007.
   X.  Other Provisions
    7.   Private Enterprise Participation
  13. Charter Service
  21.  School Transportation

The complete text of FTA’s “Nonurbanized Area Formula Program Guidance and Grant Instructions” can be accessed on line at
http://www.fta.dot.gov/laws/circulars/leg_reg_6519.html

• Circular 9045.1 – New Freedom Guidance and Application Instructions, May 1, 2007
   V.  Coordinated Planning
   VIII. Other Provisions
    6. Private Enterprise Participation
  17. School Transportation

The complete text of the Federal Transit Administration “New Freedom Guidance and Application Instructions,” can be accessed on line at:
http://www.fta.dot.gov/laws/circulars/leg_reg_6624.html

• Circular 9050.1 – Job Access and Reverse Commute (JARC) Program Guidance and Application Instructions, May 01, 2007
   V. Coordinated Planning
   X. Other Provisions
    6.   Private Enterprise Participation
  11. Charter Service
  18. School Transportation

The complete text of the Federal Transit Administration “Job Access and Reverse Commute (JARC) Program Guidance and Application Instructions,” can be accessed on line at: 
http://www.fta.dot.gov/laws/circulars/leg_reg_6623.html

• Circular 9070.1F – The Elderly and Persons with Disabilities Program Guidance and Application Instructions, May 1, 2007.
   V.  Coordinated Planning
   VIII.  Other Provisions
    6.  Private Sector Participation

The complete text of FTA’s “The Elderly and persons with Disabilities Program Guidance and Application Instructions” can be accessed on line at
http://www.fta.dot.gov/laws/circulars/leg_reg_6622.html

• Circular 9300.1A – Capital Program: Grant Application Instructions, October 1, 1998.
   VI. 9.   Private Enterprise Concerns.
  a. Participation by Private Enterprise
  b. Acquisition of Private Mass Transportation Facilities
  c. Charter and School Bus Operations

The complete text of FTA’s “Program Guidance and Application Instructions for Metropolitan Planning Grants” can be accessed on line at
http://www.fta.dot.gov/laws/circulars/leg_reg_4128.html