View Rule

View EO 12866 Meetings

Printer-Friendly Version Download RIN Data in XML

DOT/FTA

RIN: 2132-AA96

Publication ID: Spring 2009

Title: Contractor Performance Assessment for Capital Investment Program
Abstract: On August 10, 2005, the President signed the Safe, Accountable, Flexible, and Efficient Transportation Equity Act-A Legacy for Users (SAFETEA-LU). Section 3011 of SAFETEA-LU made a number of changes to 49 U.S.C. 5309 ("section 5309"), which authorizes the Federal Transit Administration´s (FTA´s) capital investment grant program. SAFETEA-LU emphasized the need to improve the accuracy of the estimates of ridership and costs used to support the selection of a major capital investment ("New Start") as a locally preferred alternative (LPA) for section 5309 funds. Federal transit law supports the use of incentives to encourage the development of more reliable cost and ridership estimates for New Starts funded under section 5309. A number of provisions in section 5309 recognize that contractors to grant recipients play an important role in increasing the reliability of forecasting methods to estimate costs and utilization of New Starts projects. This rulemaking would establish a new part 612 in the Code of Federal Regulations. It would encourage accurate cost and ridership estimates through the award of additional New Starts funds to project sponsors, which they can choose to pass along to their contractors. FTA recently determined that a contractor performance incentive does not require a rulemaking be effectuated. Rather, FTA can work with project sponsors on a case-by-case basis to provide incentives, and, therefore, the rulemaking is withdrawn.
Agency: Department of Transportation(DOT)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 49 CFR 612
Legal Authority: PL 109-59, sec 3011

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	02/19/2008	73 FR 9075
NPRM Comment Period End	04/21/2008
Withdrawn	02/17/2009	74 FR 7388

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Information URL: www.regulations.gov	Public Comment URL: www.regulations.gov
RIN Data Printed in the FR: No
Agency Contact: Charla Tabb Attorney Advisor Department of Transportation Federal Transit Administration 1200 New Jersey Ave, SE, Washington, DC 20590 Phone:202 366-4011 Email: charla.tabb@dot.gov