Enhancing Highway Workforce Development Opportunities Contracting Initiative, 8081-8082 [2022-02974]
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Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Notices
their partners to assignments in the U.S.
Embassies, Consulates or Mission
abroad. The authority is the Foreign
Service Act of 1980, as amended, and 22
U.S.C. 2669(c).
Methodology
Member: Dawn Shackleford, Assistant
U.S. Trade Representative for
Southeast Asia and the Pacific
Member: Dan Mullaney, Assistant U.S.
Trade Representative for Europe
and the Middle East
Member: Julie Callahan, Assistant U.S.
Trade Representative for
Agricultural Affairs
Member: Juan Millan, Assistant U.S.
Trade Representative for
Monitoring and Investment
Candidates for employment use the
DS–0174 to apply for Missionadvertised positions around the world.
Mission recruitments generate
approximately 1 million applications
per year, the majority of which are
collected electronically using an
applicant management system,
Electronic Recruitment Application
(ERA). Data that HR and hiring officials
extract from the DS–0174 determine
employment eligibility and
qualifications for the position, and
selections according to Federal Policies.
Fred Ames,
Assistant U.S. Trade Representative for
Administration, Office of the United States
Trade Representative.
Kevin E. Bryant,
Deputy Director, Office of Directives
Management, Department of State.
Federal Highway Administration
[FR Doc. 2022–02999 Filed 2–10–22; 8:45 am]
BILLING CODE 3390–F2–P
DEPARTMENT OF TRANSPORTATION
Enhancing Highway Workforce
Development Opportunities
Contracting Initiative
[FR Doc. 2022–02941 Filed 2–10–22; 8:45 am]
BILLING CODE 4710–05–P
Federal Highway
Administration (FHWA), U.S.
Department of Transportation (DOT).
ACTION: Notice.
AGENCY:
OFFICE OF THE UNITED STATES
TRADE REPRESENTATIVE
Office of the United States
Trade Representative.
ACTION: Notice.
AGENCY:
This notice announces the
Office of the United States Trade
Representative (USTR) staff members
selected to serve on the Senior
Executive Service (SES) and Senior
Level (SL) Performance Review Board
(PRB). This notice supersedes all
previous PRB membership notices.
DATES: The staff members in this notice
will begin serving as PRB members on
February 11, 2022.
FOR FURTHER INFORMATION CONTACT:
Cassie Ender, Human Capital Specialist,
Office of Human Capital and Services, at
(202) 395–7360 or Cassie.L.Galla@
ustr.eop.gov.
SUMMARY:
USTR is
required (see 5 U.S.C. 4314(c)) to
establish a PRB to review and make
recommendations to the U.S. Trade
Representative for final approval of the
performance rating, performance-based
pay adjustment, and performance award
for each incumbent SES and SL. The
following staff members have been
selected to serve on USTR’s PRB:
Chair: Bill Jackson, Assistant U.S. Trade
Representative for Textile Affairs
lotter on DSK11XQN23PROD with NOTICES1
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
17:29 Feb 10, 2022
The recently enacted
Bipartisan Infrastructure Law (BIL),
enacted as the Infrastructure Investment
and Jobs Act, authorizes a recipient or
subrecipient of a grant provided by the
DOT Secretary 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 any
applicable State and local laws, policies,
and procedures. Based on this statutory
authorization, FHWA is announcing a
transition from its initiative announced
in May 2021, which permitted, on an
experimental basis, recipients and
subrecipients of Federal funds for
Federal-aid highway projects to utilize
geographic, economic, or other hiring
preferences or innovative contracting
approaches not otherwise authorized by
law. The May 2021 initiative was
carried out as a pilot program under
FHWA’s existing experimental
contracting authority and the legal
authority in the Section 199B of the
Consolidated Appropriations Act, 2021,
authorizing such hiring preferences ‘‘not
otherwise authorized by law.’’ Now that
BIL creates the legal authority for local
or other geographical or economic
hiring preferences, an experimental
pilot program for such hiring
preferences is no longer needed. In
Addition, the use of such preferences
SUMMARY:
Performance Review Board
Membership
Jkt 256001
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
8081
going forward are subject to Section
25019 of the BIL, not Section 199B of
the Consolidated Appropriations Act,
2021.
DATES: This action is applicable
immediately.
FOR FURTHER INFORMATION CONTACT: For
technical information: Mr. James
DeSanto, Office of Preconstruction,
Construction and Pavements, (614) 357–
8515, James.DeSanto@dot.gov, or Mr.
Patrick Smith, Office of Chief Counsel,
(202) 366–1345, Patrick.C.Smith@
dot.gov, Federal Highway
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this document
may be downloaded from the Office of
the Federal Register’s website at
www.FederalRegister.gov and the
Government Publishing Office’s website
at www.GovInfo.gov.
Bipartisan Infrastructure Law
The BIL, enacted as the Infrastructure
Investment and Jobs Act, Public Law
117–58 (Nov. 15, 2021), authorizes a
recipient or subrecipient of a grant
provided by the DOT Secretary under
Title 23 or 49, United States Code
(U.S.C.), 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, including prehire agreements,
subject to any applicable State and local
laws, policies, and procedures. BIL,
§ 25019(a)(1). The BIL also provides that
the use of a local or other geographical
or economic hiring preference
authorized by Section 25019(a)(1) in any
bid for a contract for the construction of
a project funded by a grant described in
Section 25019(a)(1) shall not be
considered to unduly limit competition.
BIL, § 25019(a)(2).
Enhancing Highway Workforce
Development Opportunities Contracting
Initiative
On May 21, 2021, at 86 FR 27667,
FHWA announced an initiative to
permit and evaluate geographic,
economic, or other hiring preferences or
innovative contracting approaches not
otherwise authorized by law that have
the potential to enhance workforce
development opportunities in the
transportation construction industry,
including for low-income communities.
As discussed in the Federal Register
notice for that initiative, FHWA
historically disallowed such
requirements out of concern for their
potential impact on competition.
E:\FR\FM\11FEN1.SGM
11FEN1
8082
Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Notices
lotter on DSK11XQN23PROD with NOTICES1
Generally, Federal law requires Federalaid highway and roadway projects
(apart from a few exceptions) to be
awarded on the basis of competitive
bidding.
The initiative announced in May 2021
was authorized under Section 199B of
the Consolidated Appropriations Act,
2021, Public Law 116–260, Dec. 27,
2020, 134 Stat 1182, which allowed
DOT-assisted contracts under Titles 49
and 23 of the U.S.C. to use geographic,
economic, or any other hiring
preference not otherwise authorized by
law, with certain limitations including
required certifications. The initiative
was also based on FHWA’s Special
Experimental Project No. 14 (SEP–14)
authority for special experimental
projects set forth at 23 U.S.C. 502(b)(2)
to allow FHWA to continue to gather
data and evaluate experimental
contracting practices.
Under the May 2021 initiative FHWA
required State and local recipients and
subrecipients to request prior approval
from FHWA to use a specific contracting
requirement under SEP–14 by
submitting work plans to the
appropriate FHWA Division Office.
Transition From Pilot Program
Based on the statutory authority for
local or other geographical or economic
hiring preferences in Section 25019(a) of
the BIL, FHWA is transitioning from its
initiative announced in May 2021. Since
Section 25019 authorizes the use of
certain hiring preferences, the use of
such preferences going forward are
subject to Section 25019 of the BIL, not
Section 199B of the Consolidated
Appropriations Act, 2021. Also, while
local hiring preferences have
traditionally been disallowed in
accordance with 23 CFR 635.117(b) and
636.107, given the statutory authority
for local or other geographical or
economic hiring preferences under the
BIL, an experimental pilot program is no
longer needed for labor hiring
preferences that fall within the
legislatively authorized parameters.
Innovative contracting approaches or
requirements, including those related to
workforce development, falling outside
of the parameters authorized by Section
25019(a) of the BIL may still be
considered by FHWA under its
experimental SEP–14 authority on a
case-by-case basis.
Upon publication of this notice, and
based on Section 25019(a) of the BIL,
FHWA approval is no longer needed for
authorized labor hiring preferences. As
discussed in the Federal Register notice
announcing the May 2021 initiative,
DOT generally exercises discretion
under 23 U.S.C. 112 to evaluate whether
VerDate Sep<11>2014
17:29 Feb 10, 2022
Jkt 256001
a State or local law or policy is
compatible with the competitive
bidding requirement under the statute.
The DOT has historically disallowed
certain hiring preferences out of concern
for their potential impact on
competition. Based on the clear
direction in Section 25019(a)(2) of the
BIL that the use of a local or other
geographical or economic hiring
preference authorized by Section
25019(a)(1) shall not be considered to
unduly limit competition, DOT will not
engage in or have a role in evaluating
the effects on competition, if any, of
labor hiring preferences expressly
authorized under the BIL. Although
DOT evaluation is no longer required,
State and local recipients and
subrecipients remain responsible for
ensuring that the establishment and
implementation of a hiring preference is
otherwise consistent with applicable
Federal, State, and local laws as
provided in Section 25019(a)(1).
State and local recipients and
subrecipients may continue to
administer any contracts authorized
under the May 2021 initiative for the
duration of these contracts per the
requirements of their approved
workplans. The FHWA may continue to
use SEP–14 to authorize and evaluate
contracting methods that are outside the
scope of Section 25019(a) of the BIL.
Authority: Section 25019 of Pub. L.
117–58; 23 U.S.C. 502(b); Section 199B
of the Consolidated Appropriation Act,
2021.
Stephanie Pollack,
Deputy Administrator, Federal Highway
Administration.
[FR Doc. 2022–02974 Filed 2–10–22; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2022–0002–N–3]
Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), U.S. Department
of Transportation (DOT).
ACTION: Notice of information collection;
request for comment.
AGENCY:
Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks
approval of the Information Collection
Request (ICR) abstracted below. Before
submitting this ICR to the Office of
Management and Budget (OMB) for
SUMMARY:
PO 00000
Frm 00091
Fmt 4703
Sfmt 4703
approval, FRA is soliciting public
comment on specific aspects of the
activities identified in the ICR.
DATES: Interested persons are invited to
submit comments on or before April 12,
2022.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be submitted on regulations.gov
to the docket, Docket No. FRA–2022–
0002. All comments received will be
posted without change to the docket,
including any personal information
provided. Please refer to the assigned
OMB control number in any
correspondence submitted. FRA will
summarize comments received in
response to this notice in a subsequent
notice and include them in its
information collection submission to
OMB for approval.
FOR FURTHER INFORMATION CONTACT: Ms.
Hodan Wells, Information Collection
Clearance Officer, at email:
hodan.wells@dot.gov or telephone: (202)
493–0440.
SUPPLEMENTARY INFORMATION: The PRA,
44 U.S.C. 3501–3520, and its
implementing regulations, 5 CFR part
1320, require Federal agencies to
provide 60-days’ notice to the public to
allow comment on information
collection activities before seeking OMB
approval of the activities. See 44 U.S.C.
3506, 3507; 5 CFR 1320.8 through
1320.12. Specifically, FRA invites
interested parties to comment on the
following ICR regarding: (1) Whether the
information collection activities are
necessary for FRA to properly execute
its functions, including whether the
activities will have practical utility; (2)
the accuracy of FRA’s estimates of the
burden of the information collection
activities, including the validity of the
methodology and assumptions used to
determine the estimates; (3) ways for
FRA to enhance the quality, utility, and
clarity of the information being
collected; and (4) ways for FRA to
minimize the burden of information
collection activities on the public,
including the use of automated
collection techniques or other forms of
information technology. See 44 U.S.C.
3506(c)(2)(A); 5 CFR 1320.8(d)(1).
FRA believes that soliciting public
comment may reduce the administrative
and paperwork burdens associated with
the collection of information that
Federal regulations mandate. In
summary, FRA reasons that comments
received will advance three objectives:
(1) Reduce reporting burdens; (2)
organize information collection
requirements in a ‘‘user-friendly’’ format
to improve the use of such information;
and (3) accurately assess the resources
E:\FR\FM\11FEN1.SGM
11FEN1
]]>Agencies
[Federal Register Volume 87, Number 29 (Friday, February 11, 2022)]
[Notices]
[Pages 8081-8082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02974]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Enhancing Highway Workforce Development Opportunities Contracting
Initiative
AGENCY: Federal Highway Administration (FHWA), U.S. Department of
Transportation (DOT).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The recently enacted Bipartisan Infrastructure Law (BIL),
enacted as the Infrastructure Investment and Jobs Act, authorizes a
recipient or subrecipient of a grant provided by the DOT Secretary
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 any
applicable State and local laws, policies, and procedures. Based on
this statutory authorization, FHWA is announcing a transition from its
initiative announced in May 2021, which permitted, on an experimental
basis, recipients and subrecipients of Federal funds for Federal-aid
highway projects to utilize geographic, economic, or other hiring
preferences or innovative contracting approaches not otherwise
authorized by law. The May 2021 initiative was carried out as a pilot
program under FHWA's existing experimental contracting authority and
the legal authority in the Section 199B of the Consolidated
Appropriations Act, 2021, authorizing such hiring preferences ``not
otherwise authorized by law.'' Now that BIL creates the legal authority
for local or other geographical or economic hiring preferences, an
experimental pilot program for such hiring preferences is no longer
needed. In Addition, the use of such preferences going forward are
subject to Section 25019 of the BIL, not Section 199B of the
Consolidated Appropriations Act, 2021.
DATES: This action is applicable immediately.
FOR FURTHER INFORMATION CONTACT: For technical information: Mr. James
DeSanto, Office of Preconstruction, Construction and Pavements, (614)
357-8515, [email protected], or Mr. Patrick Smith, Office of Chief
Counsel, (202) 366-1345, [email protected], Federal Highway
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Electronic Access
An electronic copy of this document may be downloaded from the
Office of the Federal Register's website at www.FederalRegister.gov and
the Government Publishing Office's website at www.GovInfo.gov.
Bipartisan Infrastructure Law
The BIL, enacted as the Infrastructure Investment and Jobs Act,
Public Law 117-58 (Nov. 15, 2021), authorizes a recipient or
subrecipient of a grant provided by the DOT Secretary under Title 23 or
49, United States Code (U.S.C.), 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, including prehire
agreements, subject to any applicable State and local laws, policies,
and procedures. BIL, Sec. 25019(a)(1). The BIL also provides that the
use of a local or other geographical or economic hiring preference
authorized by Section 25019(a)(1) in any bid for a contract for the
construction of a project funded by a grant described in Section
25019(a)(1) shall not be considered to unduly limit competition. BIL,
Sec. 25019(a)(2).
Enhancing Highway Workforce Development Opportunities Contracting
Initiative
On May 21, 2021, at 86 FR 27667, FHWA announced an initiative to
permit and evaluate geographic, economic, or other hiring preferences
or innovative contracting approaches not otherwise authorized by law
that have the potential to enhance workforce development opportunities
in the transportation construction industry, including for low-income
communities. As discussed in the Federal Register notice for that
initiative, FHWA historically disallowed such requirements out of
concern for their potential impact on competition.
[[Page 8082]]
Generally, Federal law requires Federal-aid highway and roadway
projects (apart from a few exceptions) to be awarded on the basis of
competitive bidding.
The initiative announced in May 2021 was authorized under Section
199B of the Consolidated Appropriations Act, 2021, Public Law 116-260,
Dec. 27, 2020, 134 Stat 1182, which allowed DOT-assisted contracts
under Titles 49 and 23 of the U.S.C. to use geographic, economic, or
any other hiring preference not otherwise authorized by law, with
certain limitations including required certifications. The initiative
was also based on FHWA's Special Experimental Project No. 14 (SEP-14)
authority for special experimental projects set forth at 23 U.S.C.
502(b)(2) to allow FHWA to continue to gather data and evaluate
experimental contracting practices.
Under the May 2021 initiative FHWA required State and local
recipients and subrecipients to request prior approval from FHWA to use
a specific contracting requirement under SEP-14 by submitting work
plans to the appropriate FHWA Division Office.
Transition From Pilot Program
Based on the statutory authority for local or other geographical or
economic hiring preferences in Section 25019(a) of the BIL, FHWA is
transitioning from its initiative announced in May 2021. Since Section
25019 authorizes the use of certain hiring preferences, the use of such
preferences going forward are subject to Section 25019 of the BIL, not
Section 199B of the Consolidated Appropriations Act, 2021. Also, while
local hiring preferences have traditionally been disallowed in
accordance with 23 CFR 635.117(b) and 636.107, given the statutory
authority for local or other geographical or economic hiring
preferences under the BIL, an experimental pilot program is no longer
needed for labor hiring preferences that fall within the legislatively
authorized parameters. Innovative contracting approaches or
requirements, including those related to workforce development, falling
outside of the parameters authorized by Section 25019(a) of the BIL may
still be considered by FHWA under its experimental SEP-14 authority on
a case-by-case basis.
Upon publication of this notice, and based on Section 25019(a) of
the BIL, FHWA approval is no longer needed for authorized labor hiring
preferences. As discussed in the Federal Register notice announcing the
May 2021 initiative, DOT generally exercises discretion under 23 U.S.C.
112 to evaluate whether a State or local law or policy is compatible
with the competitive bidding requirement under the statute. The DOT has
historically disallowed certain hiring preferences out of concern for
their potential impact on competition. Based on the clear direction in
Section 25019(a)(2) of the BIL that the use of a local or other
geographical or economic hiring preference authorized by Section
25019(a)(1) shall not be considered to unduly limit competition, DOT
will not engage in or have a role in evaluating the effects on
competition, if any, of labor hiring preferences expressly authorized
under the BIL. Although DOT evaluation is no longer required, State and
local recipients and subrecipients remain responsible for ensuring that
the establishment and implementation of a hiring preference is
otherwise consistent with applicable Federal, State, and local laws as
provided in Section 25019(a)(1).
State and local recipients and subrecipients may continue to
administer any contracts authorized under the May 2021 initiative for
the duration of these contracts per the requirements of their approved
workplans. The FHWA may continue to use SEP-14 to authorize and
evaluate contracting methods that are outside the scope of Section
25019(a) of the BIL.
Authority: Section 25019 of Pub. L. 117-58; 23 U.S.C. 502(b);
Section 199B of the Consolidated Appropriation Act, 2021.
Stephanie Pollack,
Deputy Administrator, Federal Highway Administration.
[FR Doc. 2022-02974 Filed 2-10-22; 8:45 am]
BILLING CODE 4910-22-P
