Public-Private Partnerships Public Meeting and Request for Comment

Victor M. Mendez
Federal Highway Administration
January 9, 2013

[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: 2 January 2013.
Victor M. Mendez,
Administrator.
[FR Doc. 2013-00219 Filed 1-8-13; 8:45 am]
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