Petition for Waiver of Compliance, 27671-27672 [2021-10725]
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Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Notices
(9) Provide the required certifications
from Section 199B of the Consolidated
Appropriations Act, 2021, Public Law
116–260.
FHWA requests previous SEP–14
LLHPP participants that intend to
participate in this program conduct the
evaluations and complete the reporting
for earlier projects they committed to do
in their previously approved SEP–14
LLHPP workplan.
For contracts involving the use of
local and other preferences as described
above, FHWA may approve, at the
request of the recipient or subrecipient,
the use of such requirements for a
specific contract, a specific group of
contracts, or on a more general
programmatic basis.
Authority: 23 U.S.C. 502(b); Section 199B
of the Consolidated Appropriation Act, 2021.
Issued in Washington, DC, on May 18,
2021.
Thomas D. Everett,
Executive Director, Federal Highway
Administration.
[FR Doc. 2021–10785 Filed 5–20–21; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2021–0053]
jbell on DSKJLSW7X2PROD with NOTICES
Petition for Waiver of Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
that on May 4, 2021, Durbin &
Greenbrier Valley Railroad, Inc. (DGVR)
petitioned the Federal Railroad
Administration (FRA) for a waiver of
compliance from certain provisions of
the Federal railroad safety regulations
contained at 49 CFR parts 215, Railroad
Freight Car Safety Standards, and 223,
Safety Glazing Standards—Locomotives,
Passenger Cars and Cabooses. FRA
assigned the petition Docket Number
FRA–2021–0053.
Specifically, DGVR requests relief
from 49 CFR 215.203, Restricted cars;
215.303, Stenciling of maintenance-ofway equipment; and part 223, for eleven
overage cars: Ten cabooses and one
camp car. The relief is requested as the
cars will be operated on the Cass
Subdivision and the soon-to-bereopened Greenbrier Subdivision and
used to re-create historical scenes.
DGVR states they will not be used in
commercial freight or interchange
service.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov.
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17:15 May 20, 2021
Jkt 253001
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Website: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation
(DOT), 1200 New Jersey Ave. SE, W12–
140, Washington, DC 20590.
Communications received by July 6,
2021 will be considered by FRA before
final action is taken. Comments received
after that date will be considered if
practicable. Anyone can search the
electronic form of any written
communications and comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the document, if
submitted on behalf of an association,
business, labor union, etc.). Under 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
processes. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
https://www.transportation.gov/privacy.
See also https://www.regulations.gov/
privacy-notice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety
Chief Safety Officer.
[FR Doc. 2021–10726 Filed 5–20–21; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2021–0054]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
PO 00000
Frm 00120
Fmt 4703
Sfmt 4703
27671
that on May 4, 2021, Durbin &
Greenbrier Valley Railroad, Inc. (DGVR)
petitioned the Federal Railroad
Administration (FRA) for a waiver of
compliance from certain provisions of
the Federal railroad safety regulations
contained at 49 CFR part 215, Railroad
Freight Car Safety Standards. FRA
assigned the petition Docket Number
FRA–2021–0054.
Specifically, DGVR requests relief
from 49 CFR 215.203, Restricted cars,
and 215.303, Stenciling of maintenanceof-way equipment, for 37 overage cars:
Seven box cars, six flat cars, five
skeleton log cars, seven hopper cars, six
tank cars, three refrigerator cars, and
three gondola cars. The relief is
requested as the cars will be operated on
the Cass Subdivision and the soon-tobe-reopened Greenbrier Subdivision and
used to re-create historical scenes.
DGVR states they will not be used in
commercial freight or interchange
service.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested party desires
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Website: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation
(DOT), 1200 New Jersey Ave. SE, W12–
140, Washington, DC 20590.
Communications received by July 6,
2021 will be considered by FRA before
final action is taken. Comments received
after that date will be considered if
practicable.
Anyone can search the electronic
form of any written communications
and comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
document, if submitted on behalf of an
association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better
E:\FR\FM\21MYN1.SGM
21MYN1
27672
Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Notices
inform its processes. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at https://
www.transportation.gov/privacy. See
also https://www.regulations.gov/
privacy-notice for the privacy notice of
regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety,
Chief Safety Officer.
[FR Doc. 2021–10725 Filed 5–20–21; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Equitable Economic Recovery and
Workforce Development Through
Construction Hiring Pilot Program
Federal Transit Administration
(FTA), Department of Transportation
(DOT).
ACTION: Notice.
AGENCY:
The Federal Transit
Administration (FTA) is announcing an
initiative to permit FTA recipients and
subrecipients to utilize geographic,
economic, or other hiring preferences on
FTA-funded construction projects. This
initiative will be carried out as a pilot
program for a period of four years
(unless extended) under authority
provided in the Consolidated
Appropriations Act, 2021, the Federal
grants management regulation, and a
recent Office of Management and
Budget Memorandum (March 19, 2021).
The purpose of this pilot program is to
provide flexibility to utilize hiring
preferences to promote equitable
creation of employment opportunities
and workforce development activities,
particularly for economically or socially
disadvantaged workers, while
evaluating the impact of such
preferences on full and open
competition and project delivery.
DATES: This pilot program is effective
May 21, 2021. This pilot program will
end May 21, 2025, unless it is extended.
FOR FURTHER INFORMATION CONTACT:
Dana Nifosi, Deputy Chief Counsel,
Federal Transit Administration, 1200
New Jersey Ave. SE, Washington, DC
20590, 202–366–4011.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
Electronic Access
An electronic copy of this document
may also be downloaded from the Office
VerDate Sep<11>2014
17:15 May 20, 2021
Jkt 253001
of the Federal Register’s website at
www.FederalRegister.gov and the
Government Publishing Office’s website
at www.GovInfo.gov.
Background
FTA advances the mission of
improving public transportation for
America’s communities, in part, by
providing funding for the construction
of public transportation facilities and
the training and development of the
public transportation workforce. These
activities provide opportunities and
access to construction careers, including
for disadvantaged and underrepresented individuals.
Today, FTA is announcing a new
initiative, which will be conducted as a
pilot program, to permit FTA recipients
and subrecipients to utilize geographic,
economic, or other hiring preferences on
FTA-funded construction projects. This
initiative implements a provision in the
Consolidated Appropriations Act, 2021
(Pub. L. 116–260, Dec. 27, 2020, 134
Stat 1182), which has been included in
prior Appropriations Acts since Fiscal
Year (FY) 2016, that authorizes the
Secretary to permit States and local
governments to implement geographic,
economic, or other hiring preferences
not otherwise authorized by law, subject
to certain mandatory certifications that
the recipient must make. Through this
pilot program, FTA also will exercise
flexibility recently granted to Federal
agencies by the Office of Management
and Budget (OMB) to support recipients
and subrecipients in achieving equitable
economic recovery from the COVID–19
public health emergency. Additionally,
the pilot program advances Executive
Order (E.O.) 13985, ‘‘Executive Order on
Advancing Racial Equity and Support
for Underserved Communities Through
the Federal Government,’’ issued on
January 20, 2021, by supporting workers
in overcoming barriers to obtaining
successful, long term careers in the
transit construction industry.
Job Opportunity, Equity, and Workforce
Development
FTA supports equity in workforce
development through several programs
pursuant to 49 U.S.C. 5314(b). It funds
human resource and training activities,
including outreach programs to increase
employment for veterans, women,
individuals with disabilities, and
minorities in public transportation
activities. FTA also administers the
competitive Innovative Public
Transportation Frontline Workforce
Development Program, which requires
programs eligible for funding to
undertake mandatory activities,
including development of
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Fmt 4703
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apprenticeships, on-the-job training,
and instructional training; building
partnerships with local public
transportation operators, unions,
workforce development boards, and
State workforce agencies to identify
workforce skill gaps; and addressing
current and projected workforce
shortages by developing partnerships
with high schools, community colleges,
and other community organizations.
Notwithstanding such workforce
training and development activities,
barriers to employment in the transit
construction industry remain,
particularly for underserved
communities.
General Prohibition on Exclusionary or
Discriminatory Preferences in
Contracting
In general, Federal law prohibits
recipients and subrecipients of Federal
funds, including under Chapter 53 of
Title 49 of the United States Code, from
using certain contracting provisions that
do not directly relate to the bidder’s
performance of work in a competent and
responsible manner. Specifically, 49
U.S.C. 5325(a) and 5323(h)(3),
respectively, require FTA recipients to
conduct all federally funded
procurements in a manner that provides
full and open competition as
determined by the Secretary, and
prohibit FTA grant funds from being
used to support a procurement that uses
an exclusionary or discriminatory
specification. These provisions are
similar to 23 U.S.C. 112(a), which
requires FHWA to ensure that plans,
specifications, and methods of bidding
for highway construction undertaken or
overseen by state transportation
department must be effective in
securing competition.
In addition, the Federal grants
management regulation, 2 CFR 200.319,
prohibits the use of statutorily or
administratively imposed state, local, or
tribal geographical preferences in the
evaluation of bids or proposals, except
in those cases where applicable Federal
statutes expressly mandate or encourage
geographic preference. Examples of
such provisions include local and other
geographic-based labor hiring
preferences.
Interpretation of Competition Mandate
DOT historically has prohibited
recipients and subrecipients from using
certain contracting provisions that do
not directly relate to the bidder’s
performance of work in a competent and
responsible manner, due to concern that
such provisions unduly restrict
competition. In August 2013, at DOT’s
request, the Department of Justice,
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]]>Agencies
[Federal Register Volume 86, Number 97 (Friday, May 21, 2021)]
[Notices]
[Pages 27671-27672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10725]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA-2021-0054]
Petition for Waiver of Compliance
Under part 211 of title 49 Code of Federal Regulations (CFR), this
document provides the public notice that on May 4, 2021, Durbin &
Greenbrier Valley Railroad, Inc. (DGVR) petitioned the Federal Railroad
Administration (FRA) for a waiver of compliance from certain provisions
of the Federal railroad safety regulations contained at 49 CFR part
215, Railroad Freight Car Safety Standards. FRA assigned the petition
Docket Number FRA-2021-0054.
Specifically, DGVR requests relief from 49 CFR 215.203, Restricted
cars, and 215.303, Stenciling of maintenance-of-way equipment, for 37
overage cars: Seven box cars, six flat cars, five skeleton log cars,
seven hopper cars, six tank cars, three refrigerator cars, and three
gondola cars. The relief is requested as the cars will be operated on
the Cass Subdivision and the soon-to-be-reopened Greenbrier Subdivision
and used to re-create historical scenes. DGVR states they will not be
used in commercial freight or interchange service.
A copy of the petition, as well as any written communications
concerning the petition, is available for review online at
www.regulations.gov.
Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment and a public hearing, they
should notify FRA, in writing, before the end of the comment period and
specify the basis for their request.
All communications concerning these proceedings should identify the
appropriate docket number and may be submitted by any of the following
methods:
Website: https://www.regulations.gov. Follow the online
instructions for submitting comments.
Fax: 202-493-2251.
Mail: Docket Operations Facility, U.S. Department of
Transportation (DOT), 1200 New Jersey Ave. SE, W12-140, Washington, DC
20590.
Communications received by July 6, 2021 will be considered by FRA
before final action is taken. Comments received after that date will be
considered if practicable.
Anyone can search the electronic form of any written communications
and comments received into any of our dockets by the name of the
individual submitting the comment (or signing the document, if
submitted on behalf of an association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits comments from the public to better
[[Page 27672]]
inform its processes. DOT posts these comments, without edit, including
any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://www.transportation.gov/privacy. See also https://www.regulations.gov/privacy-notice for the
privacy notice of regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Associate Administrator for Railroad Safety, Chief Safety Officer.
[FR Doc. 2021-10725 Filed 5-20-21; 8:45 am]
BILLING CODE 4910-06-P
