An eligible project is one that will test an innovative project delivery technique that is prohibited by current FTA regulations or FTA policy. A PIPP waiver request cannot be used to waive or modify statutory requirements.  However, if a project sponsor believes an FTA regulation or policy that implements a statutory requirement impedes P3s or private investment, and has a means of compliance with a statutory requirement that is not consistent with the FTA regulation or policy but will remove the perceived impediment to a P3, the project sponsor may propose an alternative method of compliance.

The waiver or modification request must demonstrate that the experimental feature, if approved, will advance the goals of the PIPP. FTA encourages applicants to discuss potential waiver or modification requests with FTA’s private sector liaison or the relevant FTA Regional Office prior to applying.