Rescission: Equitable Economic Recovery and Workforce Development Through Construction Hiring Pilot Program, 7897-7898 [2022-02874]

Download as PDF Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Notices Submitters should identify the full legal name of the organization they represent, and identify the primary point of contact for the submission. For uploads containing BCI, the file name of the business confidential version should begin with the characters ‘BCI’. Any page containing BCI must be clearly marked ‘BUSINESS CONFIDENTIAL’ on the top of that page and the submission should clearly indicate, via brackets, highlighting, or other means, the specific information that is BCI. If you request business confidential treatment, you must certify in writing that disclosure of the information would endanger trade secrets or profitability, and that the information would not customarily be released to the public. Parties uploading attachments containing BCI also must submit a public version of their submission. The file name of the public version, which you must upload on https://comments.ustr.gov/s/, should begin with the character ‘P’. Follow the ‘BCI’ and ‘P’ with the name of the person or entity making the submission. USTR will post attachments uploaded to the docket for public inspection, except for attachments marked as BCI. You can view all public submissions on the USTR portal at https:// comments.ustr.gov/s/. Greta Peisch, General Counsel, Office of the United States Trade Representative. [FR Doc. 2022–02793 Filed 2–9–22; 8:45 am] BILLING CODE 3390–F2–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration Aviation Rulemaking Advisory Committee; Meeting Federal Aviation Administration (FAA), DOT. ACTION: Notice of Aviation Rulemaking Advisory Committee (ARAC) meeting. AGENCY: This notice announces a meeting of the ARAC. DATES: The meeting will be held on Thursday, March 17, 2022, from 1:00 p.m. to 4:00 p.m. Eastern Time. Requests to attend the meeting must be received by Monday, February 28, 2022. Requests for accommodations to a disability must be received by Monday, February 28, 2022. Requests to submit written materials to be reviewed during the meeting must be received no later than Monday, February 28, 2022. jspears on DSK121TN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:18 Feb 09, 2022 Jkt 256001 The meeting will be held virtually. Members of the public who wish to observe the meeting must RSVP by emailing 9-awa-arac@faa.gov. General committee information including copies of the meeting minutes will be available on the FAA Committee website at https://www.faa.gov/ regulations_policies/rulemaking/ committees/documents/. FOR FURTHER INFORMATION CONTACT: Lakisha Pearson, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591, telephone (202) 267–4191; fax (202) 267–5075; email 9-awa-arac@faa.gov. Any committee-related request should be sent to the person listed in this section. ADDRESSES: SUPPLEMENTARY INFORMATION: I. Background The ARAC was created under the Federal Advisory Committee Act (FACA), in accordance with Title 5 of the United States Code (5 U.S.C. App. 2) to provide advice and recommendations to the FAA concerning rulemaking activities, such as aircraft operations, airman and air agency certification, airworthiness standards and certification, airports, maintenance, noise, and training. II. Agenda At the meeting, the agenda will cover the following topics: • Approval of Minutes • Status Updates Æ Active Working Groups Æ Transport Airplane and Engine (TAE) Subcommittee • Recommendation Reports • FAA Updates Detailed agenda information will be posted on the FAA Committee website address listed in the ADDRESSES section at least one week in advance of the meeting. III. Public Participation This virtual meeting will be open to the public on a first-come, first-served basis. Members of the public who wish to attend are asked to register via email by submitting the following information: Full legal name, country of citizenship, and name of your industry association, or applicable affiliation, to the email listed in the ADDRESSES section. When registration is confirmed, registrants will be provided the virtual meeting information/teleconference call-in number and passcode. Callers are responsible for paying associated longdistance charges. The U.S. Department of Transportation is committed to PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 7897 providing equal access to this meeting for all participants. If you need alternative formats or services because of a disability, such as sign language, interpretation, or other ancillary aids, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. The FAA is not accepting oral presentations at this meeting due to time constraints. Any member of the public may present a written statement to the committee at any time. The public may present written statements to ARAC by providing a copy to the Designated Federal Officer via the email listed in the FOR FURTHER INFORMATION CONTACT section. Issued in Washington, DC, on February 7, 2022. Brandon Roberts, Executive Director, Office of Rulemaking. [FR Doc. 2022–02862 Filed 2–9–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [FTA Docket No. FTA 2022–0009] Rescission: Equitable Economic Recovery and Workforce Development Through Construction Hiring Pilot Program Federal Transit Administration, Department of Transportation (DOT). ACTION: Notice. AGENCY: As a result of a provision in the Bipartisan Infrastructure Law, enacted as the Infrastructure Investment and Jobs Act, that authorizes a recipient or subrecipient of a grant provided under title 23 or 49, United States Code, to implement a local or other geographical or economic hiring preference relating to the use of labor for construction of a project funded by the grant subject to applicable State and local laws, FTA is rescinding the Equitable Economic Recovery and Workforce Development Through Construction Hiring Pilot Program (Pilot Program). DATES: Effective February 10, 2022. 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: Background: On May 21, 2021, FTA announced an initiative to permit FTA recipients and subrecipients to utilize geographic, economic, or other hiring preferences on FTA-funded SUMMARY: E:\FR\FM\10FEN1.SGM 10FEN1 jspears on DSK121TN23PROD with NOTICES1 7898 Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Notices construction projects. (86 FR 27672). The initiative was carried out as a pilot program for a period of four years and the purpose of the program was 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. This initiative implemented Section 199B of the Consolidated Appropriations Act, 2021 (Pub. L. 116–260), a provision that 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 intended to 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 pandemic. Additionally, the pilot program advanced Executive Order 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. Reason for Recission: Section 25019 of the Bipartisan Infrastructure Law (Section 25019), enacted as the Infrastructure Investment and Jobs Act (Pub. L. 117–58), authorizes recipients or subrecipients of Federal funds under title 23 or 49, United States Code, to implement certain hiring preferences related to the use of labor for construction projects. Specifically, Section 25019 provides that a ‘‘recipient or subrecipient of a grant provided by the Secretary under title 23 or 49, United States Code, may implement a local or other geographical or economic hiring preference relating to the use of labor for construction of a project funded by the grant, including prehire agreements, subject to any applicable State and local laws, policies, and procedures.’’ In addition, this provision specifically states that the use of such preferences ‘‘shall not be considered to unduly limit competition.’’ Therefore, FTA will not engage in or have a role in evaluating the effects on competition, VerDate Sep<11>2014 18:18 Feb 09, 2022 Jkt 256001 if any, of labor or hiring preferences expressly authorized by Section 25019. FTA has determined that because Section 25019 provides an express authorization for FTA recipients and subrecipients to utilize a local or other geographical or economic hiring preference relating to the use of labor for the construction of a project funded under title 49, United States Code, FTA recipients and subrecipients no longer must request approval from FTA through the Pilot Program to utilize such preferences. Additionally, the certification requirements of Section 199B of the Consolidated Appropriations Act, 2021 do not apply to hiring preferences authorized by Section 25019 because such requirements only apply to hiring preferences ‘‘not otherwise authorized by law.’’ FTA has determined there are no hiring preferences eligible for FTA approval under the Pilot Program that are not authorized by Section 25019, and so such preferences going forward are subject to Section 25019, not Section 199B of the Consolidated Appropriations Act, 2021. Accordingly, FTA has concluded that the Pilot Program no longer is necessary, and hereby rescinds it. Nuria I. Fernandez, Administrator. [FR Doc. 2022–02874 Filed 2–9–22; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Federal Transit Administration [FTA Docket No. FTA 2022–0004] Agency Information Collection Activity Under OMB Review AGENCY: Federal Transit Administration, DOT. ACTION: Notice of request for comments. In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Requirements (ICRs) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describe the nature of the information collection and their expected burdens. DATES: Comments must be submitted on or before March 14, 2022. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to www.reginfo.gov/public/do/ SUMMARY: PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 PRAMain. Find this particular information collection by selecting ‘‘Currently under 30-day Review—Open for Public Comments’’ or by using the search function. Comments are Invited On: Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility; the accuracy of the Department’s estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. A comment to OMB is best assured of having its full effect if OMB receives it within 30 days of publication of this notice in the Federal Register. FOR FURTHER INFORMATION CONTACT: Tia Swain, Office of Administration, Management Planning Division, 1200 New Jersey Avenue SE, Mail Stop TAD– 10, Washington, DC 20590, (202) 366– 0354 or tia.swain@dot.gov. SUPPLEMENTARY INFORMATION: The Paperwork Reduction Act of 1995 (PRA), Public Law 104–13, Section 2, 109 Stat. 163 (1995) (codified as revised at 44 U.S.C. 3501–3520), and its implementing regulations, 5 CFR part 1320, require Federal agencies to issue two notices seeking public comment on information collection activities before OMB may approve paperwork packages. 44 U.S.C. 3506, 3507; 5 CFR 1320.5, 1320.8(d)(1), 1320.12. On November 1, 2021 FTA published a 60-day notice (86 FR 60332) in the Federal Register soliciting comments on the ICR that the agency was seeking OMB approval. FTA received one comment on January 1, 2022 after issuing this 60-day notice. The commentor suggested that although implied, FTA specifically include a reference to the American with Disabilities Act (ADA) of 1990 in the wording of future Federal Register Notices. FTA has a robust ADA program that is separate from this information collection, however we have added the reference to this Federal Register Notice and all future notices so it is explicitly clear FTA supports and enforces the ADA. Accordingly, DOT announces that these information collection activities have been re-evaluated and certified under 5 CFR 1320.5(a) and forwarded to OMB for review and approval pursuant to 5 CFR 1320.12(c). Before OMB decides whether to approve these proposed collections of information, it must provide 30 days for E:\FR\FM\10FEN1.SGM 10FEN1

Agencies

[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Notices]
[Pages 7897-7898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02874]


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

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[FTA Docket No. FTA 2022-0009]


Rescission: Equitable Economic Recovery and Workforce Development 
Through Construction Hiring Pilot Program

AGENCY: Federal Transit Administration, Department of Transportation 
(DOT).

ACTION: Notice.

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

SUMMARY: As a result of a provision in the Bipartisan Infrastructure 
Law, enacted as the Infrastructure Investment and Jobs Act, that 
authorizes a recipient or subrecipient of a grant provided under title 
23 or 49, United States Code, to implement a local or other 
geographical or economic hiring preference relating to the use of labor 
for construction of a project funded by the grant subject to applicable 
State and local laws, FTA is rescinding the Equitable Economic Recovery 
and Workforce Development Through Construction Hiring Pilot Program 
(Pilot Program).

DATES: Effective February 10, 2022.

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:
    Background: On May 21, 2021, FTA announced an initiative to permit 
FTA recipients and subrecipients to utilize geographic, economic, or 
other hiring preferences on FTA-funded

[[Page 7898]]

construction projects. (86 FR 27672). The initiative was carried out as 
a pilot program for a period of four years and the purpose of the 
program was 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. This initiative 
implemented Section 199B of the Consolidated Appropriations Act, 2021 
(Pub. L. 116-260), a provision that 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 intended to 
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 pandemic. 
Additionally, the pilot program advanced Executive Order 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.
    Reason for Recission: Section 25019 of the Bipartisan 
Infrastructure Law (Section 25019), enacted as the Infrastructure 
Investment and Jobs Act (Pub. L. 117-58), authorizes recipients or 
subrecipients of Federal funds under title 23 or 49, United States 
Code, to implement certain hiring preferences related to the use of 
labor for construction projects. Specifically, Section 25019 provides 
that a ``recipient or subrecipient of a grant provided by the Secretary 
under title 23 or 49, United States Code, may implement a local or 
other geographical or economic hiring preference relating to the use of 
labor for construction of a project funded by the grant, including 
prehire agreements, subject to any applicable State and local laws, 
policies, and procedures.'' In addition, this provision specifically 
states that the use of such preferences ``shall not be considered to 
unduly limit competition.'' Therefore, FTA will not engage in or have a 
role in evaluating the effects on competition, if any, of labor or 
hiring preferences expressly authorized by Section 25019.
    FTA has determined that because Section 25019 provides an express 
authorization for FTA recipients and subrecipients to utilize a local 
or other geographical or economic hiring preference relating to the use 
of labor for the construction of a project funded under title 49, 
United States Code, FTA recipients and subrecipients no longer must 
request approval from FTA through the Pilot Program to utilize such 
preferences. Additionally, the certification requirements of Section 
199B of the Consolidated Appropriations Act, 2021 do not apply to 
hiring preferences authorized by Section 25019 because such 
requirements only apply to hiring preferences ``not otherwise 
authorized by law.''
    FTA has determined there are no hiring preferences eligible for FTA 
approval under the Pilot Program that are not authorized by Section 
25019, and so such preferences going forward are subject to Section 
25019, not Section 199B of the Consolidated Appropriations Act, 2021. 
Accordingly, FTA has concluded that the Pilot Program no longer is 
necessary, and hereby rescinds it.

Nuria I. Fernandez,
Administrator.
[FR Doc. 2022-02874 Filed 2-9-22; 8:45 am]
BILLING CODE 4910-57-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.