Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / Notices 2469 

7See Agreement regarding Merger Between US 

Airways Group, Inc. and AMR Corporation, (Nov. 

12, 2013), available at http://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. 

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 

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: http:// 

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 

http://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 http://

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: http://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: 

http://www.archives.gov/federal_register 

and the Government Printing Office’s 

Web page at: http://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 


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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 

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 http://

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 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 

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: http://

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 

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 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: 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 

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 


asabaliauskas on DSK5VPTVN1PROD with NOTICES