[1] Public-Private Partnership Pilot Program, 72 Fed. Reg. 2583 (Jan. 19, 2007).
[2] Pub. L. No. 109-59, 119 Stat. 1144 et seq. (2005).
[3] The New Starts program authorized under 49 U.S.C. § 5309 provides funds for construction of new fixed guideway systems or extensions to existing fixed guideway systems. A "fixed guideway system" refers to any transit service that uses exclusive or controlled rights-of-way or rails, entirely or in part. The term includes, for example, light rail, trolleybus, that portion of motor bus service operated on exclusive or controlled rights-of-way, and high-occupancy-vehicle (HOV) lanes (see http://www.fta.dot.gov/funding/grants/grants_financing_3590.html) .
[4] The Notice indicates that such joint development projects will not be the focus of the Pilot Program (see page 2586 of the Notice).
[5] See also as to HOV to HOT Lane conversions: Final Policy Statement on When High Occupancy Vehicle (HOV) Lanes Converted to High Occupancy/Toll (HOT) Lanes Shall Be Classified as Fixed Guideway Miles for FTA's Funding Formulas, 72 Fed.
Reg. 1366 et seq. (Jan. 11, 2007). This notice can be found at the following address: http://dmses.dot.gov/docimages/p88/434448.pdf . This notice does not address construction of new HOT lanes.
[6] The Notice indicates that these adjustments are subject to the approval of the Office of Management and Budget (see page 2586 of the Notice).
[7] See page 2590 of the Notice.
[8] Design-Build Contracting, 71 Fed. Reg. 30 100 (May 25, 2006) (to be codified in 23 C.F.R. pts. 630, 635 and 636).
[9] See page 2587 of the Notice.
[10] Comments can be viewed by visiting http://dms.dot.gov/ and referencing FHWA Docket No. FHWA-2005-22477. A discussion of the proposed rule can be found in the Nossaman E-Alert, "FHWA Changes to Design-Build Rule Fall Short of PPP Needs" by Nancy C. Smith, Christine D. Ryan and Brandon J. Davis, by clicking here.
[11] The reference to 49 C.F.R. 611.7(b) is in need of clarification since that subsection does not define the term "preliminary engineering".