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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 20:20:3.0.2.1.22.0.1.1 | 20 | Employees' Benefits | V | 650 | PART 650—STANDARD FOR APPEALS PROMPTNESS—UNEMPLOYMENT COMPENSATION | § 650.1 Nature and purpose of the standard. | DOL | (a) This standard is responsive to the overriding concern of the U.S. Supreme Court in California Department of Human Resources v. Java, 402 U.S. 121 (1971), and that of other courts with delay in payment of unemployment compensation to eligible individuals, including delays caused specifically by the adjudication process. The standard seeks to assure that all administrative appeals affecting benefit rights are heard and decided with the greatest promptness that is administratively feasible. (b) Sections 303(a) (1) and (3) of the Social Security Act require, as a condition for the receipt of granted funds, that State laws include provisions for methods of administration reasonably calculated to insure full payment of unemployment compensation when due, and opportunity for a fair hearing for all individuals whose claims for unemployment compensation are denied. The Secretary has construed these provisions to require, as a condition for receipt of granted funds, that State laws include provisions for hearing and deciding appeals for all unemployment insurance claimants who are parties to an administrative benefit appeal with the greatest promptness that is administratively feasible. What is the greatest promptness that is administratively feasible in an individual case depends on the facts and circumstances of that case. For example, the greatest promptness that is administratively feasible will be longer in cases that involve interstate appeals, complex issues of fact or law, reasonable requests by parties for continuances or rescheduling of hearings or other unforeseen and uncontrollable factors than it will be for other cases. (c) In addition, the Secretary has construed section 303(b)(2) of the Social Security Act as requiring States to comply substantially with the required provisions of State law. The Secretary considers as substantial compliance the issuance of minimum percentages of first level benefit appeal decisions within the periods of time specified in § 650.4. (d) Although the interpretation of Fe… | |||||||
| 20:20:3.0.2.1.22.0.1.2 | 20 | Employees' Benefits | V | 650 | PART 650—STANDARD FOR APPEALS PROMPTNESS—UNEMPLOYMENT COMPENSATION | § 650.2 Federal law requirements. | DOL | (a) Section 303(a)(1) of the Social Security Act requires that a State law include provision for: Such methods of administration * * * as are found by the Secretary of Labor to be reasonably calculated to insure full payment of unemployment compensation when due. Such methods of administration * * * as are found by the Secretary of Labor to be reasonably calculated to insure full payment of unemployment compensation when due. (b) Section 303(a)(3) of the Social Security Act requires that a State law include provision for: Opportunity for a fair hearing, before an impartial tribunal, for all individuals whose claims for unemployment compensation are denied. Opportunity for a fair hearing, before an impartial tribunal, for all individuals whose claims for unemployment compensation are denied. (c) Section 303(b)(2) of the Social Security Act provides that: Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that in the administration of the law there is— (1) * * * (2) A failure to comply substantially with any provision specified in subsection (a) [303(a)]; the Secretary of Labor shall notify such State agency that further payments will not be made to the State until he is satisfied that there is no longer any such denial or failure to comply. Until the Secretary of Labor is so satisfied, he shall make no further certification to the Secretary of the Treasury with respect to such State * * * Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that in the administration of the law there is— (1) * * * (2) A failure to comply substantially with any provision specified in subsection (a) [303(a)]; the Secretary of Labor shall notify such State agency that further payments will not be made to the State until he is satisfied that there is no longer any such denial or failure to comply. Until … | |||||||
| 20:20:3.0.2.1.22.0.1.3 | 20 | Employees' Benefits | V | 650 | PART 650—STANDARD FOR APPEALS PROMPTNESS—UNEMPLOYMENT COMPENSATION | § 650.3 Secretary's interpretation of Federal law requirements. | DOL | (a) The Secretary interprets sections 303(a)(1) and 303(a)(3) above to require that a State law include provision for— (1) Hearing and decision for claimants who are parties to an appeal from a benefit determination to an administrative tribunal with the greatest promptness that is administratively feasible, and (2) Such methods of administration of the appeals process as will reasonably assure hearing and decision with the greatest promptness that is administratively feasible. (b) The Secretary interprets section 303(b)(2) above to require a State to comply substantially with provisions specified in paragraph (a) of this section. | |||||||
| 20:20:3.0.2.1.22.0.1.4 | 20 | Employees' Benefits | V | 650 | PART 650—STANDARD FOR APPEALS PROMPTNESS—UNEMPLOYMENT COMPENSATION | § 650.4 Review of State law and criteria for review of State compliance. | DOL | [37 FR 16173, Aug. 11, 1972, as amended at 41 FR 6757, Feb. 13, 1976; 71 FR 35517, June 21, 2006] | (a) A State law will satisfy the requirements of § 650.3(a) if it contains a provision requiring, or is construed to require, hearing and decision for claimants who are parties to an administrative appeal affecting benefit rights with the greatest promptness that is administratively feasible. (b) A State will be deemed to comply substantially with the State law requirements set forth in § 650.3(a) with respect to first level appeals, the State has issued at least 60 percent of all first level benefit appeal decisions within 30 days of the date of appeal, and at least 80 percent of all first level benefit appeal decisions within 45 days. These computations will be derived from the State's regular reports required pursuant to the Unemployment Compensation Manual, part III, sections 4400-4450. 1 1 The Unemployment Compensation Manual is available at each regional office of the Department of Labor and at the headquarters' office of each State unemployment compensation agency. | ||||||
| 20:20:3.0.2.1.22.0.1.5 | 20 | Employees' Benefits | V | 650 | PART 650—STANDARD FOR APPEALS PROMPTNESS—UNEMPLOYMENT COMPENSATION | § 650.5 Annual appeals performance plan. | DOL | [41 FR 6757, Feb. 13, 1976, as amended at 49 FR 18295, Apr. 30, 1984; 71 FR 35517, June 21, 2006] | No later than December 15 of each year, each State shall submit an appeals performance plan showing how it will operate during the following calendar year so as to achieve or maintain the issuance of at least 60 percent of all first level benefit appeals decisions within 30 days of the date of appeal, and 80 percent within 45 days. | ||||||
| 34:34:3.1.3.1.19.1.17.1 | 34 | Education | VI | 650 | PART 650—JACOB K. JAVITS FELLOWSHIP PROGRAM | A | Subpart A—General | § 650.1 What is the Jacob K. Javits Fellowship Program? | ED | [58 FR 58084, Oct. 28, 1993, as amended at 64 FR 3199, Jan. 20, 1999] | (a) Under the Jacob K. Javits Fellowship Program the Secretary awards fellowships to students of superior ability selected on the basis of demonstrated achievement, financial need, and exceptional promise, for study at the doctoral level in selected fields of the arts, humanities, and social sciences. (b) Students awarded fellowships under this program are called Jacob K. Javits Fellows. | ||||
| 34:34:3.1.3.1.19.1.17.2 | 34 | Education | VI | 650 | PART 650—JACOB K. JAVITS FELLOWSHIP PROGRAM | A | Subpart A—General | § 650.2 Who is eligible to receive a fellowship? | ED | [58 FR 58084, Oct. 28, 1993, as amended at 64 FR 3199, Jan. 20, 1999] | An individual is eligible to receive a fellowship if the individual— (a) Is enrolled at an institution of higher education in the program of study leading to a doctoral degree, and is not studying for a religious vocation, in the academic field for which the fellowship is awarded; (b) Meets the eligibility requirements established by the Fellowship Board; (c) Is not ineligible to receive assistance under 34 CFR 75.60, as added on July 8, 1992 (57 FR 30328, 30337); and (d)(1) Is pursuing a doctoral degree that will not lead to an academic career and is— (i) A citizen or national of the United States; (ii) A permanent resident of the United States; (iii) In the United States for other than a temporary purpose and intends to become a permanent resident; or (iv) A citizen of any one of the Freely Associated States; or (2) Is pursuing a doctoral degree that will lead to an academic career and is a citizen of the United States. | ||||
| 34:34:3.1.3.1.19.1.17.3 | 34 | Education | VI | 650 | PART 650—JACOB K. JAVITS FELLOWSHIP PROGRAM | A | Subpart A—General | § 650.3 What regulations apply to the Jacob K. Javits Fellowship Program? | ED | [58 FR 58084, Oct. 28, 1993, as amended at 79 FR 76103, Dec. 19, 2014] | The following regulations apply to this program: (a) The regulations in this part 650. (b) The Education Department General Administrative Regulations (EDGAR) as follows: (1) [Reserved] (2) 34 CFR part 75 (Direct Grant Programs), except for the following: (i) Subpart C (How to Apply for a Grant); (ii) Subpart D (How Grants Are Made); and (iii) Sections 75.580 through 75.592 of subpart E. (3) 34 CFR part 77 (Definitions that Apply to Department Regulations), except for the terms “grantee” and “recipient.” (4) 34 CFR part 82 (New Restrictions on Lobbying). (5) [Reserved] (6) 34 CFR part 86 (Drug-Free Schools and Campuses). (c)(1) 2 CFR part 180 (OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)), as adopted at 2 CFR part 3485; and (2) 2 CFR part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), as adopted at 2 CFR part 3474. | ||||
| 34:34:3.1.3.1.19.1.17.4 | 34 | Education | VI | 650 | PART 650—JACOB K. JAVITS FELLOWSHIP PROGRAM | A | Subpart A—General | § 650.4 What definitions apply to the Jacob K. Javits Fellowship Program? | ED | [58 FR 58084, Oct. 28, 1993, as amended at 64 FR 3199, Jan. 20, 1999] | The following definitions apply to terms used in this part: Academic year means the 12-month period beginning with the fall instructional term of the institution of higher education. Act means the Higher Education Act of 1965, as amended. Department means any program, unit or any other administrative subdivision of an institution of higher education that— (1) Directly administers or supervises post-baccalaureate instruction in a specific discipline; and (2) Has the authority to award academic course credit acceptable to meet degree requirements at an institution of higher education. Fellow means a recipient of a Jacob K. Javits fellowship under this part. Fellowship means an award made to a person for graduate study under this part. Fellowship Board means the Jacob K. Javits Fellowship Program Fellowship Board, composed of individual representatives of both public and private institutions of higher education who are appointed by the Secretary to establish general policies for the program and oversee its operation. Financial need means the fellow's financial need as determined under part F of title IV of the HEA, for the period of the fellow's enrollment in the approved academic field of study for which the fellowship was awarded. Grantee means an institution of higher education that administers a fellowship award under this part. HEA means the Higher Education Act of 1965, as amended. Institution means an institution of higher education. Institution of higher education means an institution of higher education as defined in section 1201(a) of the HEA. Institutional payment means the amount paid by the Secretary to the institution of higher education in which the fellow is enrolled to be applied against the tuition and fees required of the fellow by the institution as part of the fellow's instructional program. Knows or has reason to know means that a person with respect to a statement— (1) Has actual knowledge that the statement is false or fictitious; (2) Acts in deliberate ignorance… | ||||
| 34:34:3.1.3.1.19.1.17.5 | 34 | Education | VI | 650 | PART 650—JACOB K. JAVITS FELLOWSHIP PROGRAM | A | Subpart A—General | § 650.5 What does a fellowship award include? | ED | The Secretary awards fellowships consisting of the following: (a) A stipend paid to the fellow, based upon an annual determination of the fellow's financial need, as described in § 650.42. (b) An annual payment made to the institution in which the fellow is enrolled as described in § 650.41. | |||||
| 34:34:3.1.3.1.19.2.17.1 | 34 | Education | VI | 650 | PART 650—JACOB K. JAVITS FELLOWSHIP PROGRAM | B | Subpart B—How Does an Individual Apply for a Fellowship? | § 650.10 How does an individual apply for a fellowship? | ED | An individual shall apply to the Secretary for a fellowship award in response to an application notice published by the Secretary in the Federal Register. | |||||
| 34:34:3.1.3.1.19.3.17.1 | 34 | Education | VI | 650 | PART 650—JACOB K. JAVITS FELLOWSHIP PROGRAM | C | Subpart C—How Are Fellows Selected? | § 650.20 What are the selection procedures? | ED | [58 FR 58084, Oct. 28, 1993, as amended at 64 FR 3199, Jan. 20, 1999] | (a) The Fellowship Board establishes criteria for the selection of fellows. (b) Each year the Fellowship Board selects specific fields of study, and the number of fellows in each field (within the humanities, arts and social sciences), for which fellowships will be awarded. (c) The Fellowship Board, or in the event the Secretary contracts with a non-governmental entity to administer the program, that non-governmental entity, appoints panels of distinguished individuals in each field to evaluate applications. (d) The Secretary may make awards of the fellowships each year in two or more stages, taking into account at each stage the amount of funds remaining after the level of funding for awards previously made has been established or adjusted. | ||||
| 34:34:3.1.3.1.19.4.17.1 | 34 | Education | VI | 650 | PART 650—JACOB K. JAVITS FELLOWSHIP PROGRAM | D | Subpart D—What Conditions Must be Met By Fellows? | § 650.30 Where may fellows study? | ED | [58 FR 58084, Oct. 28, 1993, as amended at 64 FR 3199, Jan. 20, 1999] | A fellow may use the fellowship only for enrollment in a doctoral program at an institution of higher education accredited by an accrediting agency or association recognized by the Secretary, which accepts the fellow for graduate study, and which has agreed to comply with the provisions of this part applicable to institutions. | ||||
| 34:34:3.1.3.1.19.4.17.2 | 34 | Education | VI | 650 | PART 650—JACOB K. JAVITS FELLOWSHIP PROGRAM | D | Subpart D—What Conditions Must be Met By Fellows? | § 650.31 How does an individual accept a fellowship? | ED | (a) An individual notified by the Secretary of selection as a fellow shall inform the Secretary of the individual's acceptance in the manner and time prescribed by the Secretary in the notification. (b) If an individual fails to comply with the provisions of paragraph (a) of this section, the Secretary treats the individual's failure to comply as a refusal of the fellowship. | |||||
| 34:34:3.1.3.1.19.4.17.3 | 34 | Education | VI | 650 | PART 650—JACOB K. JAVITS FELLOWSHIP PROGRAM | D | Subpart D—What Conditions Must be Met By Fellows? | § 650.32 How does the Secretary withdraw an offer of a fellowship? | ED | (a) The Secretary withdraws an offer of a fellowship to an individual only if the Secretary determines that the individual submitted fraudulent information on the application. (b) The Secretary considers the application to contain fraudulent information if the application contains a statement that— (1) The applicant knows or has reason to know— (i) Asserts a material fact that is false or fictitious; or (ii) Is false or fictitious because it omits a material fact that the person making the statement has a duty to include in the statement; and (2) Contains or is accompanied by an express certification or affirmation of the truthfulness and accuracy of the contents of the statement. | |||||
| 34:34:3.1.3.1.19.4.17.4 | 34 | Education | VI | 650 | PART 650—JACOB K. JAVITS FELLOWSHIP PROGRAM | D | Subpart D—What Conditions Must be Met By Fellows? | § 650.33 What is the duration of a fellowship? | ED | (a) An individual may receive a fellowship for a doctoral degree program of study for a total of 48 months or the time required for receiving the doctoral degree, whichever is less. (b)(1) An individual may receive a fellowship for no more than 24 months for dissertation work, without the prior approval of the Secretary. (2) A fellow may apply to the Secretary for an additional period of fellowship support for dissertation work. The fellow's application must include— (i) The specific facts detailing the reasons why the additional period of dissertation work support is necessary; (ii) A certification by the institution that it is aware of the fellow's application and that the fellow has attained satisfactory progress in the fellow's academic studies; and (iii) A recommendation from the institution that the additional period of fellowship support for dissertation work is necessary. (c) A fellow who maintains satisfactory progress in the program of study for which the fellowship was awarded may have the fellowship renewed annually for the total length of time described in paragraph (a) of this section. | |||||
| 34:34:3.1.3.1.19.4.17.5 | 34 | Education | VI | 650 | PART 650—JACOB K. JAVITS FELLOWSHIP PROGRAM | D | Subpart D—What Conditions Must be Met By Fellows? | § 650.34 What conditions must be met by fellows? | ED | In order to continue to receive payments under a fellowship, a fellow shall— (a) Maintain satisfactory progress in the program for which the fellowship was awarded as determined by the institution of higher education; (b) Devote essentially full time to study or research in the field in which the fellowship was awarded, as determined by the institution of higher education; (c) Not engage in gainful employment during the period of the fellowship except on a part-time basis, for the institution of higher education at which the fellowship was awarded, in teaching, research, or similar activities approved by the Secretary; and (d) Begin study under the fellowship in the academic year specified in the fellowship award. | |||||
| 34:34:3.1.3.1.19.4.17.6 | 34 | Education | VI | 650 | PART 650—JACOB K. JAVITS FELLOWSHIP PROGRAM | D | Subpart D—What Conditions Must be Met By Fellows? | § 650.35 May fellowship tenure be interrupted? | ED | (a) An institution of higher education may allow a fellow to interrupt study for a period not to exceed 12 months, but only if the interruption of study is— (1) For the purpose of work, travel, or independent study, if the independent study is away from the institution and supportive of the fellow's academic program; and (2) Approved by the institution of higher education. (b) A fellow may continue to receive payments during the period of interruption only if the fellow's interruption of study is for the purpose of travel or independent study that is supportive of the fellow's academic program. (c) A fellow may not receive payments during the period of interruption if the fellow's interruption of study is for the purpose of travel that is not supportive of the fellow's academic program, or work, whether supportive of the fellow's academic program or not. (d) The Secretary makes a pro rata institutional payment to the institution of higher education in which the fellow is enrolled during the period the fellow receives payments as described in paragraph (b) of this section. | |||||
| 34:34:3.1.3.1.19.4.17.7 | 34 | Education | VI | 650 | PART 650—JACOB K. JAVITS FELLOWSHIP PROGRAM | D | Subpart D—What Conditions Must be Met By Fellows? | § 650.36 May fellows make changes in institution or field of study? | ED | After an award is made, a fellow may not make any change in the field of study or institution attended without the prior approval of the Secretary. | |||||
| 34:34:3.1.3.1.19.4.17.8 | 34 | Education | VI | 650 | PART 650—JACOB K. JAVITS FELLOWSHIP PROGRAM | D | Subpart D—What Conditions Must be Met By Fellows? | § 650.37 What records and reports are required from fellows? | ED | Each individual who is awarded a fellowship shall keep such records and submit such reports as are required by the Secretary. | |||||
| 34:34:3.1.3.1.19.5.17.1 | 34 | Education | VI | 650 | PART 650—JACOB K. JAVITS FELLOWSHIP PROGRAM | E | Subpart E—What Are the Administrative Responsibilities of the Institution? | § 650.40 What institutional agreements are needed? | ED | Students enrolled in an otherwise eligible institution of higher education may receive fellowships only if the institution enters into an agreement with the Secretary to comply with the provisions of this part. | |||||
| 34:34:3.1.3.1.19.5.17.2 | 34 | Education | VI | 650 | PART 650—JACOB K. JAVITS FELLOWSHIP PROGRAM | E | Subpart E—What Are the Administrative Responsibilities of the Institution? | § 650.41 How are institutional payments to be administered? | ED | [58 FR 58084, Oct. 28, 1993, as amended at 64 FR 3199, Jan. 20, 1999] | (a) With respect to the awards made for the academic year 1998-1999, the Secretary makes a payment of $10,222 to the institution of higher education for each individual awarded a fellowship for pursuing a course of study at the institution. The Secretary adjusts the amount of the institutional payment annually thereafter in accordance with inflation as determined by the U.S. Department of Labor's Consumer Price Index for the previous calendar year. (b) If the institution of higher education charges and collects amounts from a fellow for tuition or other expenses required by the institution as part of the fellow's instructional program, the Secretary deducts that amount from the institutional payment. (c) If the fellow is enrolled for less than a full academic year, the Secretary pays the institution a pro rata share of the allowance. | ||||
| 34:34:3.1.3.1.19.5.17.3 | 34 | Education | VI | 650 | PART 650—JACOB K. JAVITS FELLOWSHIP PROGRAM | E | Subpart E—What Are the Administrative Responsibilities of the Institution? | § 650.42 How are stipends to be administered? | ED | (a) The institution annually shall calculate the amount of a fellow's financial need in the same manner as that in which the institution calculates its students' financial need under part F of title IV of the HEA. (b) For a fellowship initially awarded for an academic year prior to the academic year 1993-1994, the institution shall pay the fellow a stipend in the amount of the fellow's financial need or $10,000, whichever is less. (c) For a fellowship initially awarded for the academic year 1993-1994 or any succeeding academic year, the institution shall pay the fellow a stipend at a level of support equal to that provided by the National Science Foundation graduate fellowships, except that the amount must be adjusted as necessary so as not to exceed the fellow's demonstrated level of financial need. | |||||
| 34:34:3.1.3.1.19.5.17.4 | 34 | Education | VI | 650 | PART 650—JACOB K. JAVITS FELLOWSHIP PROGRAM | E | Subpart E—What Are the Administrative Responsibilities of the Institution? | § 650.43 How are disbursement and return of funds made? | ED | (a) An institution shall disburse a stipend to a fellow no less frequently than once per academic term. If the fellowship is vacated or discontinued, the institution shall return any unexpended funds to the Secretary at such time and in such manner as the Secretary may require. (b) If a fellow withdraws from an institution before completion of an academic term, the institution shall refund to the Secretary a prorated portion of the institutional payment that it received with respect to that fellow. The institution shall return those funds to the Secretary at such time and in such manner as the Secretary may require. (c) A fellow who withdraws from an institution before completion of an academic term for which the fellow received a stipend installment shall return a prorated portion of the stipend installment to the institution at such time and in such manner as the Secretary may require. | |||||
| 34:34:3.1.3.1.19.5.17.5 | 34 | Education | VI | 650 | PART 650—JACOB K. JAVITS FELLOWSHIP PROGRAM | E | Subpart E—What Are the Administrative Responsibilities of the Institution? | § 650.44 What records and reports are required from institutions? | ED | (a) An institution shall provide to the Secretary, prior to receiving funds for disbursement to a fellow, a certification from an appropriate official at the institution stating whether that fellow is making satisfactory progress in, and is devoting essentially full time to the program for which the fellowship was awarded. (b) An institution shall keep such records as are necessary to establish the timing and amount of all disbursements of stipends. | |||||
| 49:49:7.1.2.1.15.1.1.1 | 49 | Transportation | VI | 650 | PART 650—PRIVATE INVESTMENT PROJECT PROCEDURES | A | Subpart A—General Provisions | § 650.1 Purpose. | FTA | This part establishes private investment project procedures that seek to identify and address Federal Transit Administration requirements that are impediments to the greater use of public-private partnerships and private investment in public transportation capital projects, while protecting the public interest and any public investment in such projects. | |||||
| 49:49:7.1.2.1.15.1.1.2 | 49 | Transportation | VI | 650 | PART 650—PRIVATE INVESTMENT PROJECT PROCEDURES | A | Subpart A—General Provisions | § 650.3 Applicability. | FTA | This part applies to any recipient subject to 49 U.S.C. chapter 53 that funds a public transportation capital project with Federal financial assistance under 49 U.S.C. chapter 53, the Transportation Infrastructure Finance and Innovation Act (TIFIA) (23 U.S.C. 181-189, 601-609), the Railroad Rehabilitation and Improvement Financing (RRIF) program (45 U.S.C. 821-823), or with any other Federal financial assistance. | |||||
| 49:49:7.1.2.1.15.1.1.3 | 49 | Transportation | VI | 650 | PART 650—PRIVATE INVESTMENT PROJECT PROCEDURES | A | Subpart A—General Provisions | § 650.5 Definitions. | FTA | All terms defined in 49 U.S.C. chapter 53 are applicable to this part. The following definitions also apply to this part: Administrator means the Administrator of the Federal Transit Administration. Application means the formal documentation of an applicant's request to modify FTA requirements for an eligible project. Eligible project means any surface transportation capital project that is subject to 49 U.S.C. chapter 53, included in the statewide long-range transportation plan or the metropolitan transportation plan, as those terms are defined in 23 CFR part 450, and that will be implemented as a public-private partnership, a joint development, or with other private sector investment. FTA means the Federal Transit Administration. FTA requirements means, for purposes of this part, existing FTA regulations and mandatory provisions of practices, procedures or guidance documents, including circulars. Joint development has the meaning ascribed to it in FTA Circular 7050.1 “Federal Transit Administration Guidance on Joint Development” and, for purposes of this part, includes private sector contributions, whether in the form of cash investment, capital construction contributed at the private sector's cost or other contribution determined by the Administrator to qualify. Other private sector investment means a financial or capital contribution to an eligible project from a private sector investor that is not provided through a public-private partnership or joint development. Private investment project procedures means the procedures by which applicants may propose, and the Administrator may agree, subject to the requirements of this part, to modify or waive existing FTA requirements for an eligible project. Private sector investor means the private sector entity that proposes to contribute funding to an eligible project. Public-private partnership (P3) means a contractual agreement formed between a public agency and a private sector entity that is characterized by private sector investment and risk-… | |||||
| 49:49:7.1.2.1.15.2.1.1 | 49 | Transportation | VI | 650 | PART 650—PRIVATE INVESTMENT PROJECT PROCEDURES | B | Subpart B—Private Investment Project Procedures | § 650.11 Private investment project procedures. | FTA | (a) A recipient may, subject to the requirements of this part, submit applications to modify or waive existing FTA requirements for an eligible project. For projects with multiple recipients, recipients may, but are not required to, submit an application for a project jointly; however, only one application per phase of a project may be submitted. Applications may contain requests for modification or waiver of more than one FTA requirement. All applications shall comply with the requirements of § 650.31. (b) Subject to § 650.13, the Administrator may modify or waive FTA requirements if the Administrator determines the recipient has demonstrated that— (1) The FTA requirement proposed for modification discourages the use of a public-private partnership, a joint development, or other private sector investment in a federally assisted public transportation capital project, (2) The proposed modification or waiver of the FTA requirements is likely to have the effect of encouraging a public-private partnership, a joint development, or other private sector investment in a Federally-assisted public transportation capital project, (3) The amount of private sector participation or risk transfer proposed is sufficient to warrant modification or waiver of FTA requirements, and (4) Modification or waiver of the FTA requirements can be accomplished while protecting the public interest and any public investment in the proposed federally assisted public transportation capital project. | |||||
| 49:49:7.1.2.1.15.2.1.2 | 49 | Transportation | VI | 650 | PART 650—PRIVATE INVESTMENT PROJECT PROCEDURES | B | Subpart B—Private Investment Project Procedures | § 650.13 Limitation. | FTA | (a) Nothing in this part may be construed to allow the Administrator to modify or waive any requirement under— (1) 49 U.S.C. 5333; (2) The National Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq. ); or (3) Any other provision of Federal statute. (b) The Administrator's approval of an application under this part does not commit Federal-aid funding for the project. | |||||
| 49:49:7.1.2.1.15.3.1.1 | 49 | Transportation | VI | 650 | PART 650—PRIVATE INVESTMENT PROJECT PROCEDURES | C | Subpart C—Reporting | § 650.21 Lessons learned report. | FTA | For a project for which the Administrator has modified or waived any FTA requirement pursuant to this part, not later than one year after completion of construction, and not later than two years after a project that includes private entity involvement in operations or maintenance activities has entered revenue operations, the recipient shall submit to FTA a report that evaluates the effects of the modification or waiver of Federal requirements on the delivery of the project. The report shall 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 any recommended statutory, regulatory or other changes with an explanation of how the changes would encourage greater use of public-private partnerships and private investment in public transportation capital projects. | |||||
| 49:49:7.1.2.1.15.4.1.1 | 49 | Transportation | VI | 650 | PART 650—PRIVATE INVESTMENT PROJECT PROCEDURES | D | Subpart D—Applications | § 650.31 Application process. | FTA | (a) Applications must be submitted to the FTA Private Sector Liaison at FTA Headquarters and provide a copy to the FTA Regional Administrator for the region in which the project is located. Addresses for FTA Headquarters and Regions are available at www.transit.dot.gov. (b) To be considered, an application submitted under this part must— (1) Describe the proposed project with respect to anticipated scope, cost, schedule, and anticipated source and amount of Federal financial assistance, (2) Identify whether the project is to be delivered as a public-private partnership, as a joint development or with other private sector investment, (3) Describe in detail the role of the private sector investor, if any, in delivering the project, (4) Identify the specific FTA requirement(s) that the recipient requests to have modified or waived and a proposal as to how the requirement(s) should be modified, (5) Provide a justification for the modification(s) or waiver(s), including an explanation of how the FTA requirement(s) presents an impediment to a public-private partnership, joint development, or other private sector investment, (6) Explain how the public interest and public investment in the project will be protected and how FTA can ensure the appropriate level of public oversight and control, as determined by the Administrator, is undertaken if the modification(s) or waiver(s) is allowed, (7) Provide other recipients' concurrence with submission of the application and waiver of the right to submit a separate application for the same project, where a project has more than one recipient at the time of application, (8) Provide a financial plan identifying sources and uses of funds proposed or committed to the project, and (9) Explain the expected benefits that the modification or waiver of FTA requirements would provide to address impediments to the greater use of public-private partnerships and private investment in the project. (c) The Administrator shall notify the recipient in writing if the application fails… |
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