Revision of Form FHWA-1273, 85673-85674 [2016-28586]

Download as PDF Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Notices use of the RPA for mosquito adulticiding and larvaciding in the vector markets using industry EPA approved products. [FR Doc. 2016–28534 Filed 11–25–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE–2016–119 ] Petition for Exemption; Summary of Petition Received: Aero Medical Products Mfg., Inc. Federal Aviation Administration (FAA), DOT. ACTION: Notice of petition for exemption received. AGENCY: This notice contains a summary of a petition seeking relief from specified requirements of Title 14, Code of Federal Regulations (14 CFR). The purpose of this notice is to improve the public’s awareness of, and participation in, this aspect of the FAA’s regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition. DATES: Comments on this petition must identify the petition docket number involved and must be received on or before December 19, 2016. ADDRESSES: You may send comments identified by docket number FAA– 2013–0582 using any of the following methods: • Government-wide rulemaking Web site: Go to https://www.regulations.gov and follow the instructions for sending your comments digitally. • Mail: Send comments to the Docket Management Facility; U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590. • Fax: Fax comments to the Docket Management Facility at 202–493–2251. • Hand Delivery: Bring comments to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Privacy: We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. Using the search function of our docket Web site, anyone can find and read the comments received into any of our mstockstill on DSK3G9T082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 21:15 Nov 25, 2016 Jkt 241001 dockets, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). You may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). Docket: To read background documents or comments received, go to https://www.regulations.gov at any time or to the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Mark Forseth, ANM–113, Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057–3356, email mark.forseth@faa.gov, phone (425) 227–2796. This notice is published pursuant to 14 CFR 11.85. Issued in Renton, Washington, on November 18, 2016. Dale Bouffiou, Acting Director, Office of Rulemaking. Petition for Exemption Docket No.: FAA–2013–0582. Petitioner: Aero Medical Products Mfg., Inc. Section of 14 CFR Affected: §§ 25.562 and 25.785(b). Description of Relief Sought: Petitioner request to amend exemption no. 10862 to allow ambulatory persons to occupy medical stretchers during all stages of flight. [FR Doc. 2016–28532 Filed 11–25–16; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration [FHWA Docket No. FHWA–2016–0027] Revision of Form FHWA–1273 Federal Highway Administration (FHWA), DOT. ACTION: Notice; request for comments. AGENCY: The FHWA is requesting comments on a proposed revision of form FHWA–1273—‘‘Required Contract Provisions Federal-Aid Construction Contracts.’’ This form includes certain contract provisions that are required on all Federal-aid construction projects. The revisions are necessary to provide consistency with the current policies of FHWA and other Federal agencies. DATES: Comments must be received on or before December 28, 2016. SUMMARY: PO 00000 Frm 00166 Fmt 4703 Sfmt 4703 85673 All comments should include the docket number that appears in the heading of this document and may be submitted in the following ways: • E-Gov Web site: https:// www.regulations.gov. This Web site allows the public to enter comments on any Federal Register notice issued by any agency. Follow the instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: DOT Docket Management System: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. • Hand Delivery: DOT Docket Management System; West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: You should identify the docket number at the beginning of your comments. If you submit your comments by mail, submit two copies. To receive confirmation that DOT received your comments, include a selfaddressed stamped postcard. Late comments will be considered to the extent practicable. ADDRESSES: Note: Comments are posted without changes or edits to https:// www.regulations.gov, including any personal information provided. All comments received will be available for examination and copying at the above address from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays. Those desiring notification of receipt of comments must include a selfaddressed, 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 received into any of our dockets 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). FOR FURTHER INFORMATION CONTACT: Gerald Yakowenko, Office of Program Administration, (202) 366–1562, Gerald.Yakowenko@dot.gov or William Winne, Office of the Chief Counsel, (202) 366–1397, William.Winne@ dot.gov. Office hours for FHWA are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access An electronic copy of this document may be downloaded from the Federal Register’s home page at: E:\FR\FM\28NON1.SGM 28NON1 85674 Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Notices mstockstill on DSK3G9T082PROD with NOTICES https://www.archives.gov and the Government Publishing Office’s database at: https://www.access.gpo.gov/ nara. Background As provided in 23 CFR 633.103, Form FHWA–1273 includes contract provisions and proposal notices that are required by regulations promulgated by FHWA or other Federal agencies. The provisions include non-discrimination, prevailing wage rates, subcontracting, job-site safety, and other important requirements that must be included in every Federal-aid construction project. According to 23 CFR 633.104(a), FHWA will update the form as regulatory revisions occur. Since the form was last revised on May 1, 2012, a number of policy revisions have occurred. The revisions that are being proposed by FHWA to Form FHWA–1273 will bring the form up to date with the current requirements. The proposed revisions are being made for the following reasons: • The U.S. Department of Labor, Office of Federal Contract Compliance (OFCCP) issued a final rule on December 9, 2014, which revised the Equal Employment Opportunity requirements for Federal and federally assisted projects. We propose to implement minor revisions in Sections II and III—Nondiscrimination and Nonsegregated Facilities to replace the terms ‘‘sex’’ with ‘‘sex, sexual orientation, and gender identity’’ to be consistent with the 41 CFR 60–1. • Revisions are proposed to Section II.10 as follows: This section is retitled as ‘‘Assurance Required,’’ the assurance required by 49 CFR 26.13(b) is included verbatim, and incorporation by reference is provided for the Title VI assurance required by U.S. DOT Order 1050.2A Appendices A and E. • A revision is proposed to the first paragraph of Section IV to address the ‘‘treatment of projects’’ provision in 23 U.S.C. 133(i), which requires that all projects (excluding those funded under the recreational trail set-aside) be treated as if on a Federal-aid highway. • Revisions are proposed to Section IX—Implementation of Clean Air Act and Federal Water Pollution Control Act to be consistent with the provisions in Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards in 2 CFR 200. • Revisions are proposed to Section X—Certification Regarding Debarrment, Suspension, Ineligibility and Voluntary Exclusion to implement new certification language to ensure that awards are not made to companies who VerDate Sep<11>2014 21:15 Nov 25, 2016 Jkt 241001 have a verified Federal tax delinquency or companies who have been convicted of a Federal felony offense within 2 years prior to the award. The new certifications implement the Government-wide General Provisions, currently under Division E, Title VII, Financial Services and General Government Appropriations Act, FY 2016 (Sections 745–746 in the FY 2016 Act, 129 STAT. 2485–2486 and similar provisions in subsequent appropriations acts). In addition, the Excluded Parties List System (www.EPLS.gov) has been replaced with the System for Award Management (www.SAM.gov). The reference to this system in the form is updated. • We propose to add a new Section XII—Use of United States-Flag Vessels to implement Cargo Preference Act requirements on Federal-aid projects. On October 14, 2008, President Obama signed the ‘‘Duncan Hunter National Defense Authorization Act of 2009.’’ Section 3511 of that Act amended the Cargo Preference Act by stating the requirements apply to cargoes financed ‘‘in any way with Federal funds for the account of any persons unless otherwise exempted.’’ This Act requires the use of a United States-Flag vessel for all oceanic shipments (or shipments across the Great Lakes) necessary for materials or equipment acquired for a specific, Federal aid highway project. See FHWA’s December 8, 2015, legal opinion titled: ‘‘Cargo Preference Act and Federal-aid Projects’’ (available online at https://www.fhwa.dot.gov/ construction/cqit/cargo/151208.cfm) for additional information. • Minor grammatical and formatting revisions are proposed throughout the document for clarity and to be consistent with 2 CFR part 200. The proposed revision to Form FHWA–1273 will incorporate the changes noted above as well as other important changes to the required contract provisions. A list of the proposed changes and a marked-up version of the changes are available at the following Web site: https:// www.fhwa.dot.gov/construction/cqit/ form1273.cfm. The FHWA anticipates issuing a second notice responding to the comments received and requiring the use of the revised form for all Federalaid projects advertised 60 days after the publication date of the second notice. Authority: 23 U.S.C. 112; 23 CFR 633; 49 CFR 1.85. PO 00000 Frm 00167 Fmt 4703 Sfmt 4703 Issued on: November 17, 2016. Gregory G. Nadeau, Administrator, Federal Highway Administration. [FR Doc. 2016–28586 Filed 11–25–16; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration [Safety Advisory 2016–02] Identification and Mitigation of Hazards Through Job Safety Briefings and Hazard Recognition Strategies Federal Railroad Administration (FRA), U.S. Department of Transportation (DOT). ACTION: Notice of Safety Advisory. AGENCY: FRA is issuing Safety Advisory 2016–02 out of concern for the number of railroad and railroad contractor fatalities that occur when roadway workers perform certain activities that fall outside the scope of FRA’s safety regulations, but within the purview of the U.S. Occupational Safety and Health Administration’s (OSHA) regulations. FRA is issuing this Safety Advisory to remind railroads and railroad contractors, and their employees (including roadway workers) of the importance of identifying hazardous conditions at job locations, conducting thorough job safety briefings to discuss the hazardous conditions, and taking appropriate actions to mitigate those conditions. This Safety Advisory reminds railroads, railroad contractors, and their respective employees that OSHA’s job safety regulations may apply to certain roadway worker activities and makes recommendations for hazard recognition strategies and challenge procedures that could improve roadway worker safety while roadway workers are engaged in activities subject to OSHA’s regulations. FRA considers this Safety Advisory responsive to the National Transportation Safety Board’s (NTSB) Recommendations R–14–33, R–14–35, and R–14–36. FOR FURTHER INFORMATION CONTACT: Mr. Joseph E. Riley, Track Specialist, Track Division, Office of Technical Oversight, FRA, 1200 New Jersey Avenue SE., Mail Stop 25, Washington, DC 20590, (202) 493–6357. SUPPLEMENTARY INFORMATION: On April 3, 2016, two National Railroad Passenger Corporation (Amtrak) employees were killed in Chester, Pennsylvania, when an Amtrak train struck a backhoe on that track. Although the NTSB has not concluded its SUMMARY: E:\FR\FM\28NON1.SGM 28NON1

Agencies

[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Notices]
[Pages 85673-85674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28586]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[FHWA Docket No. FHWA-2016-0027]


Revision of Form FHWA-1273

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice; request for comments.

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

SUMMARY: The FHWA is requesting comments on a proposed revision of form 
FHWA-1273--``Required Contract Provisions Federal-Aid Construction 
Contracts.'' This form includes certain contract provisions that are 
required on all Federal-aid construction projects. The revisions are 
necessary to provide consistency with the current policies of FHWA and 
other Federal agencies.

DATES: Comments must be received on or before December 28, 2016.

ADDRESSES: All comments should include the docket number that appears 
in the heading of this document and may be submitted in the following 
ways:
     E-Gov Web site: https://www.regulations.gov. This Web site 
allows the public to enter comments on any Federal Register notice 
issued by any agency. Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: DOT Docket Management System: U.S. Department of 
Transportation, Docket Operations, M-30, West Building Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: DOT Docket Management System; West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 
20590-0001 between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.
    Instructions: You should identify the docket number at the 
beginning of your comments. If you submit your comments by mail, submit 
two copies. To receive confirmation that DOT received your comments, 
include a self-addressed stamped postcard. Late comments will be 
considered to the extent practicable.

    Note:  Comments are posted without changes or edits to https://www.regulations.gov, including any personal information provided. 
All comments received will be available for examination and copying 
at the above address from 9 a.m. to 5 p.m., 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 received into any of our dockets 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).


FOR FURTHER INFORMATION CONTACT: Gerald Yakowenko, Office of Program 
Administration, (202) 366-1562, Gerald.Yakowenko@dot.gov or William 
Winne, Office of the Chief Counsel, (202) 366-1397, 
William.Winne@dot.gov. Office hours for FHWA are from 8:00 a.m. to 4:30 
p.m., e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    An electronic copy of this document may be downloaded from the 
Federal Register's home page at:

[[Page 85674]]

https://www.archives.gov and the Government Publishing Office's database 
at: https://www.access.gpo.gov/nara.

Background

    As provided in 23 CFR 633.103, Form FHWA-1273 includes contract 
provisions and proposal notices that are required by regulations 
promulgated by FHWA or other Federal agencies. The provisions include 
non-discrimination, prevailing wage rates, subcontracting, job-site 
safety, and other important requirements that must be included in every 
Federal-aid construction project. According to 23 CFR 633.104(a), FHWA 
will update the form as regulatory revisions occur. Since the form was 
last revised on May 1, 2012, a number of policy revisions have 
occurred. The revisions that are being proposed by FHWA to Form FHWA-
1273 will bring the form up to date with the current requirements. The 
proposed revisions are being made for the following reasons:
     The U.S. Department of Labor, Office of Federal Contract 
Compliance (OFCCP) issued a final rule on December 9, 2014, which 
revised the Equal Employment Opportunity requirements for Federal and 
federally assisted projects. We propose to implement minor revisions in 
Sections II and III--Nondiscrimination and Non-segregated Facilities to 
replace the terms ``sex'' with ``sex, sexual orientation, and gender 
identity'' to be consistent with the 41 CFR 60-1.
     Revisions are proposed to Section II.10 as follows: This 
section is retitled as ``Assurance Required,'' the assurance required 
by 49 CFR 26.13(b) is included verbatim, and incorporation by reference 
is provided for the Title VI assurance required by U.S. DOT Order 
1050.2A Appendices A and E.
     A revision is proposed to the first paragraph of Section 
IV to address the ``treatment of projects'' provision in 23 U.S.C. 
133(i), which requires that all projects (excluding those funded under 
the recreational trail set-aside) be treated as if on a Federal-aid 
highway.
     Revisions are proposed to Section IX--Implementation of 
Clean Air Act and Federal Water Pollution Control Act to be consistent 
with the provisions in Appendix II to Part 200--Contract Provisions for 
Non-Federal Entity Contracts Under Federal Awards in 2 CFR 200.
     Revisions are proposed to Section X--Certification 
Regarding Debarrment, Suspension, Ineligibility and Voluntary Exclusion 
to implement new certification language to ensure that awards are not 
made to companies who have a verified Federal tax delinquency or 
companies who have been convicted of a Federal felony offense within 2 
years prior to the award. The new certifications implement the 
Government-wide General Provisions, currently under Division E, Title 
VII, Financial Services and General Government Appropriations Act, FY 
2016 (Sections 745-746 in the FY 2016 Act, 129 STAT. 2485-2486 and 
similar provisions in subsequent appropriations acts). In addition, the 
Excluded Parties List System (www.EPLS.gov) has been replaced with the 
System for Award Management (www.SAM.gov). The reference to this system 
in the form is updated.
     We propose to add a new Section XII--Use of United States-
Flag Vessels to implement Cargo Preference Act requirements on Federal-
aid projects. On October 14, 2008, President Obama signed the ``Duncan 
Hunter National Defense Authorization Act of 2009.'' Section 3511 of 
that Act amended the Cargo Preference Act by stating the requirements 
apply to cargoes financed ``in any way with Federal funds for the 
account of any persons unless otherwise exempted.'' This Act requires 
the use of a United States-Flag vessel for all oceanic shipments (or 
shipments across the Great Lakes) necessary for materials or equipment 
acquired for a specific, Federal aid highway project. See FHWA's 
December 8, 2015, legal opinion titled: ``Cargo Preference Act and 
Federal-aid Projects'' (available online at https://www.fhwa.dot.gov/construction/cqit/cargo/151208.cfm) for additional information.
     Minor grammatical and formatting revisions are proposed 
throughout the document for clarity and to be consistent with 2 CFR 
part 200.
    The proposed revision to Form FHWA-1273 will incorporate the 
changes noted above as well as other important changes to the required 
contract provisions. A list of the proposed changes and a marked-up 
version of the changes are available at the following Web site: https://www.fhwa.dot.gov/construction/cqit/form1273.cfm.
    The FHWA anticipates issuing a second notice responding to the 
comments received and requiring the use of the revised form for all 
Federal-aid projects advertised 60 days after the publication date of 
the second notice.

    Authority: 23 U.S.C. 112; 23 CFR 633; 49 CFR 1.85.

    Issued on: November 17, 2016.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2016-28586 Filed 11-25-16; 8:45 am]
 BILLING CODE P
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