[Federal Register: November 13, 2008 (Volume 73, Number 220)]
[Proposed Rules]               
[Page 67117]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no08-11]                         

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

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Parts 620, 635, 636, and 710

[FHWA Docket No. FHWA-2008-0136]
RIN 2125-AF29

 
Fair Market Value and Design-Build Amendments

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); re-opening of comment 
period.

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

SUMMARY: The FHWA is re-opening the comment period for the notice of 
proposed rulemaking (NPRM) and request for comments, which was 
published on October 8, 2008, at 73 FR 58908. That NPRM proposes to 
amend existing regulations to clarify that fair market value must be 
negotiated for and received under a concession agreement, and to amend 
the design-build regulations to allow contracting agencies to 
incorporate unsuccessful proposers' ideas into a contract upon payment 
of a stipend.
    The original comment period closed on November 7, 2008. The 
extension is based on the FHWA's desire to receive the fullest and most 
comprehensive comments possible from the broadest group of 
stakeholders. During the comment period, the FHWA received requests for 
additional time to analyze and submit comments regarding the 
rulemaking. The FHWA recognizes that those interested in commenting on 
this important program may not have had the opportunity to provide 
comments and that the comment period should be reopened. Therefore, the 
comment period is being reopened until November 21, 2008, which will 
provide those interested in commenting additional time to discuss, 
evaluate, and submit responses to the docket.

DATES: Comments must be received on or before November 21, 2008. Late-
filed comments will be considered to the extent practicable.

ADDRESSES: Mail or hand deliver comments to Docket Management Facility: 
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., 
Washington, DC 20590-0001, submit comments electronically at http://
www.regulations.gov, or fax comments to (202) 493-2251.
    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 may print the acknowledgment page that appears 
after submitting comments electronically. Anyone is able to search the 
electronic form of all comments in any one of our dockets by the name 
of the individual submitting the comment (or signing the comment, if 
submitted on behalf of an association, business, or labor union). You 
may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (Volume 65, Number 70, Pages 
19477-78) or you may visit http://DocketsInfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Marcus J. Lemon, Chief Counsel, 
Mr. Michael Harkins, Office of Chief Counsel, or Mr. Steve Rochlis, 
Office of Chief Counsel, (202) 366-0740, Federal Highway 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. 
Office hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through 
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing

    You may submit or retrieve comments online through the Federal 
eRulemaking portal at www.regulations.gov. It is available 24 hours 
each day, 365 days each year. Please follow the instructions online for 
more information and help.
    An electronic copy of this document may also be downloaded by 
accessing the Office of the Federal Register's home page at: http://
www.archives.gov and the Government Printing Office's Web page at: 
http://www.access.gpo.gov/nara.

Background

    On October 8, 2008, the FHWA published an NPRM proposing to require 
State departments of transportation (DOT) and other public authorities 
to negotiate for and obtain fair market value as part of any concession 
agreement involving a facility acquired or constructed with Federal-aid 
highway funds; to amend FHWA regulations to permit public agencies to 
compete against private entities for the right to obtain a concession 
agreement involving such facilities; and to amend the design-build 
regulations to permit contracting agencies to incorporate unsuccessful 
offerors' ideas into a design-build contract upon the acceptance of a 
stipend.
    The original comment period for the NPRM closes on November 7, 
2008. During the comment period, the FHWA received requests for 
additional time to analyze and submit comments regarding the 
rulemaking. The FHWA recognizes that additional time will allow 
interested parties a broader and more comprehensive review and 
discussion of the proposed regulations; and then, allow the development 
and submission of complete responses to the docket. To allow time for 
interested parties to submit comprehensive comments, the comment period 
is being reopened until November 21, 2008.

    Authority: Secs. 1503 and 1604 of Pub. L. 109-59, 119 Stat. 
1144; Secs. 1215(b) and 1307 of Pub. L. 105-178, 112 Stat. 107; 
Secs. 1012(b) and 1041(a), Pub. L. 102-240, 105 Stat. 1914; 23 
U.S.C. 101 (note), 107, 108, 109, 111, 112, 113, 114, 116, 119, 128, 
129, 133, 142(f), 156, 166, 204, 210, 308, 315, 318 and 323; 31 
U.S.C. 6505; 42 U.S.C. 2000d et seq., 3334, 4601 et seq.; 23 CFR 
1.32; 49 CFR 1.48, 18.31, and parts 21 and 24;

    Issued on: November 6, 2008.
Thomas J. Madison, Jr.,
Federal Highway Administrator.
 [FR Doc. E8-26936 Filed 11-12-08; 8:45 am]

BILLING CODE 4910-22-P