Draft Toll Concessions Public-Private Partnership Model Contract Guide Addendum, 2469-2470 [2015-00552]

Download as PDF Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Notices preserve nonstop service from DCA to small and medium-sized communities.7 In the event that DOT exercises its public interest authority, DOT will confer with DOJ to ensure that any public interest remedies it seeks to impose are harmonized with any antitrust relief sought or imposed by DOJ. Issued in Washington, DC, on January 9, 2015. Kathryn B. Thomson, General Counsel. [FR Doc. 2015–00599 Filed 1–15–15; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [Docket No. FHWA–2014–0006] Draft Toll Concessions Public-Private Partnership Model Contract Guide Addendum Federal Highway Administration (FHWA), Department of Transportation (DOT). ACTION: Notice; Request for comments. AGENCY: The Moving Ahead for Progress in the 21st Century Act (MAP– 21) requires DOT and FHWA to develop public-private partnership (P3) transaction model contracts for the most popular type of P3s for transportation projects. Based on public input favoring an educational, rather than prescriptive contract model, FHWA is publishing a series of guides describing terms and conditions typically adopted in P3 concession agreements. The publication and deployment of these model contracts is important to supporting the Administration’s Build America Investment Initiative. As part of this Initiative, the U.S. Department of Transportation is committed to providing technical assistance to help project sponsors consider project financing options, including P3s. To address the most popular types of P3s, FHWA is producing separate guides for the two most common agreements for concessionaire compensation: User tolls and availability payments. The Toll Concessions Guide (Guide) is being published in two parts. The first part, addressing the highest profile (core) asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: 7 See Agreement regarding Merger Between US Airways Group, Inc. and AMR Corporation, (Nov. 12, 2013), available at https://www.dot.gov/sites/ dot.dev/files/docs/FinalAgreement_DOT_US_AA_ .pdf. Under the Agreement, New American committed to schedule all DCA commuter slots held or operated by New American entities to serve medium, small and non-hub airports for five years. VerDate Sep<11>2014 17:36 Jan 15, 2015 Jkt 235001 provisions, comprises chapters 1 through 8 of the Guide. On September 10, 2014, at 79 FR 53825, FHWA published a Final Core Toll Concessions Model Contract Guide (‘‘Core Guide’’) incorporating public comments received in response to the Draft Core Guide published February 6, 2014. The second part, described herein as ‘‘the Draft Addendum,’’ addresses additional substantive provisions that are proposed to comprise chapters 9 through 28 of the Guide. It addresses a range of additional topics, such as construction performance security, insurance, lenders’ rights and direct agreements, performance standards and non-compliance points, consumer protections, government approvals and permits, and a number of other topics described further below. With this notice, FHWA publishes the Draft Addendum so that the general public and interested stakeholders may provide comments. The Draft Addendum can be found on the Docket (FHWA–2014– 0006) and at the following link: https:// www.fhwa.gov/ipd/pdfs/p3/model_p3_ toll_concessions_addendum.pdf. This model contract guide has been prepared solely for informational purposes and should not be construed as a statement of DOT or FHWA policy. The FHWA values public input in the development of the model contract guides, and seeks continuing input. All documents in this series are available at the same docket (FHWA–2014–0006). DATES: Comments must be received on or before February 6, 2015. Late comments will be considered to the extent practicable. ADDRESSES: To ensure that you do not duplicate your docket submissions, please submit them by only one of the following means: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for submitting comments. • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., W12–140, Washington, DC 20590–0001. • Hand Delivery: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is (202) 366–9329. • Instructions: You must include the agency name and docket number at the beginning of your comments. All comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 2469 FOR FURTHER INFORMATION CONTACT: Mark Sullivan, Office of Innovative Program Delivery, (202) 366–5785, mark.sullivan@dot.gov, Federal Highway Administration, 1200 New Jersey Avenue SE., Washington DC 20590; Alla Shaw, Office of the Chief Counsel, (202) 366–1042, alla.shaw@ dot.gov, Federal Highway Administration, 1200 New Jersey Avenue SE., Washington DC 20590, or Prabhat Diksit, (720) 963–3202, prabhat.diksit@dot.gov, 12300 W. Dakota Avenue, Suite 370, Lakewood, CO 80228. SUPPLEMENTARY INFORMATION: Electronic Access and Filing You may submit or retrieve comments online through the Federal eRulemaking portal at: https://www.regulations.gov. The Web site is available 24 hours every day of the year. Electronic submission and retrieval help and guidelines are available under the help section of the Web site. An electronic copy of this document may also be downloaded from the Office of the Federal Register’s home page at: https://www.archives.gov/federal_register and the Government Printing Office’s Web page at: https://www.gpoaccess.gov. Background The P3s 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 associated services. Generally, in addition to designing or building a project, a private partner in a P3 may be involved in 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 more complex and of a much longer duration than traditional construction contracts. Their terms and conditions address many nontraditional requirements, such as financing arrangements and performance during the lengthy concession period. Public agencies need expertise to negotiate P3 concession agreements successfully. Section 1534(d) of MAP–21 (Pub. L. 112–41; 126 Stat. 405) requires the DOT to develop P3 contracts that could serve as a model to States and other public transportation providers in developing their own P3 contracts. After considering written comments responding to a notice published at 78 FR 1918 on January 9, 2013, as well as those received during a Listening Session on January 16, 2013, FHWA E:\FR\FM\16JAN1.SGM 16JAN1 2470 Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Notices chose to develop the model contracts as informational guides, rather than prescriptive templates, for State and local governments entering into P3 transactions. About the Toll Concessions Model P3 Contract Guide The Toll Concessions Model P3 Contract Guide focuses on issues critical to achieving public sector objectives and protecting the interest of the taxpaying and traveling public. The Core Guide discusses seven specific issues, per the following Table of Contents: 1. Introduction 2. Tolling Regulation 3. Benefit-Sharing 4. Supervening Events 5. Changes in Equity Interests 6. Change in Law 7. Defaults, Early Termination, and Compensation 8. Handback Authority: Section 1534 (d) of Moving Ahead for Progress in the 21st Century, MAP–21, enacted October 1, 2012. The FHWA is not accepting any further comments on the Core Guide, which was published on September 10, 2014, and can be found on the Docket (FHWA–2014–0006) and at https:// www.fhwa.dot.gov/ipd/pdfs/p3/model_ p3_core_toll_concessions.pdf. There are, of course, many substantive P3 contract provisions in addition to the seven discussed in the Core Guide. With today’s publication of the draft Addendum, FHWA proposes to complete the Toll Concessions Guide with the following chapter topics: asabaliauskas on DSK5VPTVN1PROD with NOTICES 9. Construction Performance Security 10. Insurance 11. Lenders Rights and Direct Agreement 12. Department step-in 13. Performance Standards and NonCompliance Points 14. Consumer Protections 15. Federal Requirements 16. Governmental Approvals and Permits 17. Utilities and Third Party Rights 18. Financial Model Adjustments 19. Department and Developer Changes 20. Additional Capacity Construction Requirements 21. Nature of Proprietary Interest 22. Contract Term 23. Developer Indemnities 24. Dispute Resolution 25. Intellectual Property 26. Amendments to Key Developer Documents 27. Assignment 28. General Provisions 17:36 Jan 15, 2015 Jkt 235001 Issued on: December 1, 2014. Gregory G. Nadeau, Acting Administrator, Federal Highway Administration. [FR Doc. 2015–00552 Filed 1–15–15; 8:45 am] BILLING CODE 4910–22–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2014–0196] Agency Information Collection Activities; New Information Collection Request: FMCSA Annual Grant Program Effectiveness Survey Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for its review and approval and invites public comment. The purpose of this information collection is to acquire the perspectives of FMCSA State partners who support the operation, regulation and enforcement of various mutuallybeneficial safety programs. This knowledge will improve the Federal government’s understanding of the effectiveness of commercial motor vehicle (CMV) safety related grant programs. The FMCSA is interested in surveying grant recipients to collect information on the strengths, weaknesses, and effectiveness of FMCSA grant programs with the intent SUMMARY: The Draft Addendum also includes the Glossary of Terms developed for the Core Guide. Comments suggesting changes to glossary terms will be evaluated in light of their impact on the entire Toll Concessions Guide. The Draft Addendum can be found on the Docket (FHWA–2014–0006) and at the following link: https:// VerDate Sep<11>2014 www.fhwa.gov/ipd/pdfs/p3/model_p3_ toll_concessions_addendum.pdf. In coming months, FHWA will publish a draft guide to availability payment concessions, in which government appropriations are the source of compensation to the private sector partner. The use of availability payments in P3 transactions is increasing, and many provisions in the Toll Concessions Model P3 Contract Guide will be germane to the Availability Payment Concessions Model P3 Contract Guide, which will be published from the start as a single, complete draft. Similar to the toll guides, FHWA will invite public comments on the Availability Payment Concessions Model P3 Contract Guide. PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 of improving our capacity to meet the needs of our grantees. FMCSA needs this information to support program evaluation endeavors, program management, and fiscal decision making. FMCSA will use the results in various analyses conducted by FMCSA designed to assess the effectiveness of existing rules, grant programs, and safety programs. On October 8, 2014, FMCSA published a notice in the Federal Register allowing for a 60-day comment period on this ICR. The agency received no comments in response to that notice. DATES: Please send your comments by February 17, 2015. OMB must receive your comments by this date in order to act on the ICR. ADDRESSES: All comments should reference Federal Docket Management System (FDMS) Docket Number FMCSA–2014–0196. Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the attention of the Desk Officer, Department of Transportation/Federal Motor Carrier Safety Administration, and sent via electronic mail to oira_submission@ omb.eop.gov, or faxed to (202) 395– 6974, or mailed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW., Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Mr. Eugene Johnson, Strategic Planning, and Program Evaluation Division, Office of Policy, Strategic Planning and Regulations, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE., Washington, DC 20590. Telephone: (202) 366–5490; email Eugene.Johnson@dot.gov. Office hours are from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays. If you have questions on viewing material in the docket, contact Docket Operations (202) 366–9826. SUPPLEMENTARY INFORMATION: Title: FMCSA Annual Grant Program Effectiveness Survey. OMB Control Number: 2126–00XX. Type of Request: New collection. Respondents: State Grant Recipients. Estimated Number of Respondents: 50 State Respondents. Estimated Time per Response: 45 minutes per response. Expiration Date: N/A. This is a new ICR. Frequency of Response: Once. Estimated Total Annual Burden: 63 hours [(50 electronic mail-in E:\FR\FM\16JAN1.SGM 16JAN1

Agencies

[Federal Register Volume 80, Number 11 (Friday, January 16, 2015)]
[Notices]
[Pages 2469-2470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00552]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2014-0006]


Draft Toll Concessions Public-Private Partnership Model Contract 
Guide Addendum

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (DOT).

ACTION: Notice; Request for comments.

-----------------------------------------------------------------------

SUMMARY: The Moving Ahead for Progress in the 21st Century Act (MAP-21) 
requires DOT and FHWA to develop public-private partnership (P3) 
transaction model contracts for the most popular type of P3s for 
transportation projects. Based on public input favoring an educational, 
rather than prescriptive contract model, FHWA is publishing a series of 
guides describing terms and conditions typically adopted in P3 
concession agreements. The publication and deployment of these model 
contracts is important to supporting the Administration's Build America 
Investment Initiative. As part of this Initiative, the U.S. Department 
of Transportation is committed to providing technical assistance to 
help project sponsors consider project financing options, including 
P3s.
    To address the most popular types of P3s, FHWA is producing 
separate guides for the two most common agreements for concessionaire 
compensation: User tolls and availability payments. The Toll 
Concessions Guide (Guide) is being published in two parts. The first 
part, addressing the highest profile (core) provisions, comprises 
chapters 1 through 8 of the Guide. On September 10, 2014, at 79 FR 
53825, FHWA published a Final Core Toll Concessions Model Contract 
Guide (``Core Guide'') incorporating public comments received in 
response to the Draft Core Guide published February 6, 2014.
    The second part, described herein as ``the Draft Addendum,'' 
addresses additional substantive provisions that are proposed to 
comprise chapters 9 through 28 of the Guide. It addresses a range of 
additional topics, such as construction performance security, 
insurance, lenders' rights and direct agreements, performance standards 
and non-compliance points, consumer protections, government approvals 
and permits, and a number of other topics described further below. With 
this notice, FHWA publishes the Draft Addendum so that the general 
public and interested stakeholders may provide comments. The Draft 
Addendum can be found on the Docket (FHWA-2014-0006) and at the 
following link: https://www.fhwa.gov/ipd/pdfs/p3/model_p3_toll_concessions_addendum.pdf. This model contract guide has 
been prepared solely for informational purposes and should not be 
construed as a statement of DOT or FHWA policy.
    The FHWA values public input in the development of the model 
contract guides, and seeks continuing input. All documents in this 
series are available at the same docket (FHWA-2014-0006).

DATES: Comments must be received on or before February 6, 2015. Late 
comments will be considered to the extent practicable.

ADDRESSES: To ensure that you do not duplicate your docket submissions, 
please submit them by only one of the following means:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for submitting 
comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE., W12-140, Washington, DC 
20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The telephone number is (202) 366-
9329.
     Instructions: You must include the agency name and docket 
number at the beginning of your comments. All comments received will be 
posted without change to https://www.regulations.gov, including any 
personal information provided.

FOR FURTHER INFORMATION CONTACT: Mark Sullivan, Office of Innovative 
Program Delivery, (202) 366-5785, mark.sullivan@dot.gov, Federal 
Highway Administration, 1200 New Jersey Avenue SE., Washington DC 
20590; Alla Shaw, Office of the Chief Counsel, (202) 366-1042, 
alla.shaw@dot.gov, Federal Highway Administration, 1200 New Jersey 
Avenue SE., Washington DC 20590, or Prabhat Diksit, (720) 963-3202, 
prabhat.diksit@dot.gov, 12300 W. Dakota Avenue, Suite 370, Lakewood, CO 
80228.

SUPPLEMENTARY INFORMATION:

Electronic Access and Filing

    You may submit or retrieve comments online through the Federal 
eRulemaking portal at: https://www.regulations.gov. The Web site is 
available 24 hours every day of the year. Electronic submission and 
retrieval help and guidelines are available under the help section of 
the Web site.
    An electronic copy of this document may also be downloaded from the 
Office of the Federal Register's home page at: https://www.archives.gov/federal_register and the Government Printing Office's Web page at: 
https://www.gpoaccess.gov.

Background

    The P3s 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 
associated services. Generally, in addition to designing or building a 
project, a private partner in a P3 may be involved in 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 
more complex and of a much longer duration than traditional 
construction contracts. Their terms and conditions address many non-
traditional requirements, such as financing arrangements and 
performance during the lengthy concession period. Public agencies need 
expertise to negotiate P3 concession agreements successfully. Section 
1534(d) of MAP-21 (Pub. L. 112-41; 126 Stat. 405) requires the DOT to 
develop P3 contracts that could serve as a model to States and other 
public transportation providers in developing their own P3 contracts.
    After considering written comments responding to a notice published 
at 78 FR 1918 on January 9, 2013, as well as those received during a 
Listening Session on January 16, 2013, FHWA

[[Page 2470]]

chose to develop the model contracts as informational guides, rather 
than prescriptive templates, for State and local governments entering 
into P3 transactions.

About the Toll Concessions Model P3 Contract Guide

    The Toll Concessions Model P3 Contract Guide focuses on issues 
critical to achieving public sector objectives and protecting the 
interest of the taxpaying and traveling public. The Core Guide 
discusses seven specific issues, per the following Table of Contents:

1. Introduction
2. Tolling Regulation
3. Benefit-Sharing
4. Supervening Events
5. Changes in Equity Interests
6. Change in Law
7. Defaults, Early Termination, and Compensation
8. Handback

    The FHWA is not accepting any further comments on the Core Guide, 
which was published on September 10, 2014, and can be found on the 
Docket (FHWA-2014-0006) and at https://www.fhwa.dot.gov/ipd/pdfs/p3/model_p3_core_toll_concessions.pdf.
    There are, of course, many substantive P3 contract provisions in 
addition to the seven discussed in the Core Guide. With today's 
publication of the draft Addendum, FHWA proposes to complete the Toll 
Concessions Guide with the following chapter topics:

9. Construction Performance Security
10. Insurance
11. Lenders Rights and Direct Agreement
12. Department step-in
13. Performance Standards and Non-Compliance Points
14. Consumer Protections
15. Federal Requirements
16. Governmental Approvals and Permits
17. Utilities and Third Party Rights
18. Financial Model Adjustments
19. Department and Developer Changes
20. Additional Capacity Construction Requirements
21. Nature of Proprietary Interest
22. Contract Term
23. Developer Indemnities
24. Dispute Resolution
25. Intellectual Property
26. Amendments to Key Developer Documents
27. Assignment
28. General Provisions

    The Draft Addendum also includes the Glossary of Terms developed 
for the Core Guide. Comments suggesting changes to glossary terms will 
be evaluated in light of their impact on the entire Toll Concessions 
Guide.
    The Draft Addendum can be found on the Docket (FHWA-2014-0006) and 
at the following link: https://www.fhwa.gov/ipd/pdfs/p3/model_p3_toll_concessions_addendum.pdf.
    In coming months, FHWA will publish a draft guide to availability 
payment concessions, in which government appropriations are the source 
of compensation to the private sector partner. The use of availability 
payments in P3 transactions is increasing, and many provisions in the 
Toll Concessions Model P3 Contract Guide will be germane to the 
Availability Payment Concessions Model P3 Contract Guide, which will be 
published from the start as a single, complete draft. Similar to the 
toll guides, FHWA will invite public comments on the Availability 
Payment Concessions Model P3 Contract Guide.

    Authority:  Section 1534 (d) of Moving Ahead for Progress in the 
21st Century, MAP-21, enacted October 1, 2012.

    Issued on: December 1, 2014.
Gregory G. Nadeau,
Acting Administrator, Federal Highway Administration.
[FR Doc. 2015-00552 Filed 1-15-15; 8:45 am]
BILLING CODE 4910-22-P