[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Notices]
[Pages 1918-1919]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00219]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA-2012-0126]
Public-Private Partnerships Public Meeting and Request for
Comment
AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Public meeting notice; request for comment.
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SUMMARY: The USDOT/FHWA is tasked by MAP-21 to develop ``standard
public-private partnership transaction model contracts for the most
popular types of public-private partnerships for the development,
financing, construction and operation of transportation facilities.''
We invite the public to provide ideas and comments on what should be
included or excluded from such model public-private partnership (P3)
contracts. The comments can be made to the docket or at a Listening
Session in the District of Columbia.
DATES: Comments must be received on or before May 31, 2013. Late
comments will be considered to the extent practicable. The Listening
Session will be conducted on Wednesday, January 16, 2013, from 12:00
p.m. to 4:00 p.m., e.t.
ADDRESSES:
Comment Submission:
Mail or hand deliver comments to the U.S. Department of
Transportation, Dockets Management Facility, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590, or fax comments to (202) 493-
2251. Alternatively, comments may be submitted via the Federal
eRulemaking Portal at http://www.regulations.gov (follow the on-line
instructions for submitting comments). All comments should include the
docket number that appears in the heading of this document. All
comments received will be available for examination and copying at the
above address from 9 a.m. to 5 p.m., e.t., Monday through Friday,
except Federal holidays. Those desiring notification of receipt of
comments must include a self-addressed, stamped postcard or you may
print the acknowledgment page that appears after submitting comments
electronically. All comments received into any docket may be searched
in electronic format by the name of the individual submitting the
comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.). Persons making comments may
review DOT's complete Privacy Act Statement in the Federal Register
published on April 11, 2000 (Volume 65, Number 70, Pages 19477-78).
Listening Session Location:
The listening session will be held at the U.S. Department of
Transportation located at 1200 New Jersey Avenue SE., Washington, DC
20590.
FOR FURTHER INFORMATION CONTACT: For further information regarding this
notice please contact Prabhat Diksit via email at
Prabhat.diksit@dot.gov or via telephone at (720) 963-3202.
SUPPLEMENTARY INFORMATION:
I. Background
Public-private partnerships are contractual arrangements between
public and private sector entities that allow for greater participation
by the private sector in the delivery of surface transportation
projects and services. Generally, in addition to designing or building
a project, which is traditional, a private partner in a P3 may be
involved in designing, constructing, financing, operating and
maintaining the project. By transferring certain risks and
responsibilities to the private partner, P3s can result in more
efficient and effective project delivery. However, P3 contracts are
complex and are of much longer duration than traditional construction
contracts. Their terms and conditions address many requirements not
covered by traditional construction contracts such as financing
arrangements and performance during a concession period, among others.
Public agencies generally acquire special expertise to ensure that they
can successfully negotiate P3 agreements. Congress, recognizing both
the growing interest in this delivery option, as well as the inherent
complexities in P3 agreements, tasked the USDOT, via the Moving Ahead
for Progress in the 21st Century Act (MAP-21), to develop ``standard
public-private partnership model contracts'' and to ``encourage states,
public transportation agencies and other public officials to use the
model contracts as a base template''.
II. Purpose of This Notice
Section 1534(d) of MAP-21, enacted October 1, 2012, requires the
USDOT to develop model P3 contracts that could serve as a base template
and guide States and other public transportation providers in
developing their own P3 contracts. The legislation states:
(d) STANDARD TRANSACTION CONTRACTS.--
(1) DEVELOPMENT.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall develop standard public-
private partnership transaction model contracts for the most popular
types of public-private partnerships for the development, financing,
construction, and operation of transportation facilities.
(2) USE.--The Secretary shall encourage States, public
transportation agencies, and other public officials to use the model
contracts as a base template when developing their own public-
private partnership agreements for the development, financing,
construction, and operation of transportation facilities.
[[Page 1919]]
The USDOT, prior to undertaking this effort, wishes to engage in a
dialogue and canvass the opinion of interested parties--including,
among others, public project sponsors, and their consultants, advisers,
and attorneys; private sector designers, builders, operators,
contractors and other engineering and construction firms; banks,
lenders, funds, and other financing institutions involved in P3s;
unions and their representatives; concessionaires and other
organizations involved in project development; and members of the
general public. Interested parties are asked to provide comments to the
docket regarding the development and use of the standard public-private
partnerships transaction model contracts mentioned above in the
legislation. Interested parties are also invited to provide input at a
Listening Session at USDOT Headquarters in Washington, DC, on January
16, 2013.
Listening Session
The Listening Session will be 4 hours in length and will be
structured around the legislative requirements of Section 1534(d)
specified above. Some of the topics that may be considered at this
listening session include:
(a) The design of the model contract template (for example, should
it provide options or recommendations?);
(b) The scope of the model contract (for example, should it include
public protections?);
(c) The specific provisions included in the model contract (for
example, which public protections should be addressed?); and
(d) The model contracts that should be delivered first (for
example, should the initial set of templates include P3 availability
payment concessions for managed lanes?).
Listening Session Information
Email comments can be provided to the docket at
www.regulations.gov.
The Listening Session will be held on January 16, 2013, from 12:00
p.m. to 4:00 p.m., e.t., at the U.S. Department of Transportation
building at 1200 New Jersey Ave. SE., Washington, DC 20590. Because
access to the DOT building is controlled, all visitors must sign in
with the security staff at the West Building entrance, present valid
picture identification, be escorted and wear a visitor's badge at all
times while in the building.
Due to security procedures and space limitations, individuals who
wish to attend the listening session must pre-register online by 5:00
p.m., e.t., on January 14, 2013, to gain admittance to the building.
Space is limited to the first 250 registrants. The link for the
registration is: http://152.122.41.186/registration/p3listening.aspx.
Anyone with difficulties registering should contact Terrance Regan, at
this telephone number: (617) 494-3628.
Attendees are encouraged to arrive early for processing through
security. All participants and attendees must enter through the New
Jersey Avenue entrance (West Building--at the corner of New Jersey
Avenue and M Street SE.). Photo identification is required and Foreign
National attendees must bring their passports with them. Participants
or attendees who have Federal government identification will still need
to register to attend. To facilitate security screening, all
participants and attendees are encouraged to limit the bags and other
items (laptops, cameras, etc.) they bring into the building. Anyone
exiting the building for any reason will be required to re-enter
through the security checkpoint at the New Jersey Avenue entrance.
The DOT does not offer visitor parking; we suggest that attendees
consider using alternative means of transportation to the building. DOT
Headquarters is served by Metrorail (Navy Yard station), Metrobus, DC
Circulator, and taxi service. There are a number of private parking
lots near the DOT buildings, but the DOT cannot guarantee the
availability of parking spaces.
For information on facilities or services for persons with
disabilities, or to request special assistance at the meeting, contact
Prabhat Diksit (720) 963-3202 as soon as possible.
Issued on: January 2, 2013.
Victor M. Mendez,
Administrator.
[FR Doc. 2013-00219 Filed 1-8-13; 8:45 am]
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