81 FR 56572 - Requirement for Nondiscrimination Against End-Users of Supplies or Services (“Beneficiaries”) Under USAID-Funded Contracts
AGENCY FOR INTERNATIONAL DEVELOPMENT Federal Register Volume 81, Issue 162 (August 22, 2016)
Federal Register Volume 81, Issue 162 (August 22, 2016)
| Page Range | 56572-56574 | |
| FR Document | 2016-19716 |
[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)] [Proposed Rules] [Pages 56572-56574] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19716] [[Page 56572]] ======================================================================= ----------------------------------------------------------------------- AGENCY FOR INTERNATIONAL DEVELOPMENT 48 CFR Part 752 RIN 0412-AA81 Requirement for Nondiscrimination Against End-Users of Supplies or Services (``Beneficiaries'') Under USAID-Funded Contracts AGENCY: U.S. Agency for International Development. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Foreign Assistance Act of 1961, as amended (FAA), authorizes the U.S. Agency for International Development (USAID) to provide foreign assistance in the form of development and humanitarian assistance that reflect American ideals. To help emphasize USAID's intent and expectation of non-discrimination of beneficiaries in USAID- funded activities, USAID is proposing to amend its Agency for International Development Acquisition Regulation (AIDAR) to include a new clause entitled ``Nondiscrimination against End-Users of Supplies or Services.'' This proposed clause expressly states that USAID-funded contractors must not discriminate among end-users of supplies or services (referred to in this rule as beneficiaries and potential beneficiaries) in any way that is contrary to the scope of the activity as defined in the statements of work (SOWs). DATES: To be considered, comments must be received no later than September 21, 2016. ADDRESSES: Address all comments concerning this notice to Todd Larson, Senior Coordinator, U.S. Agency for International Development, Rm. 6.09-71 RRB, 1300 Pennsylvania Avenue NW., Washington, DC 20523. Submit comments, identified by title of the action and Regulatory Information Number (RIN) by any of the following methods: 1. Through the Federal eRulemaking Portal at http://www.regulations.gov by following the instructions for submitting comments. 2. By Email: Submit electronic comments to [email protected]. See SUPPLEMENTARY INFORMATION for file formats and other information about electronic filing. 3. By Mail addressed to: Todd Larson, U.S. Agency for International Development, Rm. 6.09-71 RRB, 1300 Pennsylvania Avenue NW., Washington, DC 20523. FOR FURTHER INFORMATION CONTACT: Todd Larson Telephone: 202-712-4969 or Email: [email protected] SUPPLEMENTARY INFORMATION: I. Background USAID seeks to improve the lives of people around the world by being inclusive in its development and humanitarian assistance efforts. In so doing, USAID recognizes that every person is instrumental in the transformation of their own societies, with the end result that each and every person is recognized and equally valued without regard to artificial and discriminatory distinctions. The inclusion, protection, and empowerment of all persons is critical because drawing on the full contributions of the entire population leads to more effective, comprehensive, and sustainable development results. Nondiscrimination is the basic foundation of USAID's inclusive development approach; as such, all USAID programs seek to ensure access for all potential beneficiaries within the scope of the contract without discrimination. Contractors must adhere to this by implementing the activities as outlined in the contract SOWs. Nondiscrimination is a critical foundation for protecting and promoting the human rights of all persons. In addition, nondiscrimination ensures equitable access to USAID programs. Effective nondiscrimination practices support USAID's principles of inclusion and equal access and help to ensure that USAID programs empower and effectively reach women and girls; marginalized ethnic and religious populations; indigenous peoples; internally displaced persons; persons with disabilities; youth and the elderly; lesbian, gay, bisexual, transgender, and intersex individuals; and other socially marginalized individuals and peoples unique to the country or regional context. In recent years, the Government has made multiple pronouncements of policy in many areas reflecting its emphasis on equity, fairness, and human dignity--effective nondiscrimination is a means toward achieving all of these. For example, in 2011, the White House issued E.O. 13563, ``Improving Regulation and Regulatory Review,'' to update all agencies on factors to consider when issuing rules; in addition to quantitative factors, it advised that the qualitative values of equity, fairness, and human dignity are important considerations. Additionally, a 2011 Presidential Memorandum, ``International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons,'' directs all agencies engaged abroad to advance nondiscrimination. This proposed rule addressing discrimination in the provision of supplies or services is consistent with the values that animate the above. II. Discussion This rulemaking would revise (48 CFR) AIDAR to add a new clause at 752.7038 entitled ``Nondiscrimination against End-Users of Supplies or Services.'' The clause, applicable to all solicitations, contracts, and subcontracts at any tier, prohibits contractors and subcontractors from discriminating against beneficiaries or potential beneficiaries (i.e., those individuals intended to receive the benefits of the award, whether goods or services) on the basis of any characteristics not expressly stated in the award. This proposed rule is published for public comment pursuant to the Office of Federal Procurement Policy Act (41 U.S.C. 1707). The Administrative Procedure Act (APA) provides an exception for ``matter[s] relating to agency management or personnel or to public property, loans, grants, benefits, or contracts'' from the requirement of public notice and comment before a final rulemaking. 5 U.S.C. 553(a)(2). This rulemaking is directly related to contracts. The Office of Federal Procurement Policy Act, 41 U.S.C. 1707, imposes a separate requirement for public comment prior to final rulemaking for any ``procurement policy, regulation, procedure, or form . . . if it (A) relates to the expenditure of appropriated funds; and (B)(i) has a significant effect beyond the internal operating procedures of the agency issuing [it]; or (ii) has a significant cost or administrative impact on contractors or offerors.'' This proposed rulemaking is related to procurement policy and will amend USAID's Acquisition Regulation (AIDAR). Per subsection (b) of this statute, USAID is publishing this proposed rulemaking for a comment period of 30 days. The purpose of this rulemaking is to ensure adherence to the intent and authorities in the FAA, and other statutes related to humanitarian assistance and international development. The stated intent of the FAA is to help people, without regard to irrelevant and discriminatory distinctions among them. This intent is reflected in many places in the statute. The first words of the Act set out that it seeks to promote United States [[Page 56573]] interests ``by assisting peoples of the world.'' Congress explained its intent thusly in FAA section 101: ``[T]he Congress reaffirms the traditional humanitarian ideals of the American people and renews its commitment to assist people in developing countries to eliminate hunger, poverty, illness, and ignorance.'' A survey of FAA provisions relevant to USAID awards reflects that they focus on development and humanitarian assistance needs and effectiveness toward meeting them. For example, FAA section 103, on agriculture, rural development, and nutrition, suggests assistance should focus on alleviating poverty. FAA section 104, on health-related assistance, suggests limited targeting of activities to the specialized health needs of children, infants, and mothers. FAA section 491, on international disaster assistance, contemplates ``prompt United States assistance to alleviate human suffering'' and emphasizes only that the implementing agency ``shall insure that the assistance provided by the United States shall, to the greatest extent possible, reach those most in need of relief and rehabilitation as a result of natural and manmade disaster.'' In some contexts, such as assistance for child survival, the foreign assistance authorities contemplate a focus on women and children, but that is a matter of programmatic need and effectiveness. There is no context where excluding individuals from assistance based on any of the types of discrimination proscribed by this clause, outside the scope of the award, would have a positive effect on implementing USAID's foreign assistance authorities. The main effect of this clause is to ensure that USAID's policy and practice of non-discrimination in planning projects and activities is followed through to completion by the contractors that implement them. Its impact on contractors and offerors is to remind them to follow the terms and conditions of the contract, including the implementation of the SOW as designed, and to refrain from the types of discrimination described in the clause. In itself, the proposed clause serves as a reminder to contractors and offerors of USAID's long-standing, pre- existing expectations based on USAID's programmatic and planning priorities and authorities. III. Executive Orders 12866 (Regulatory Planning and Review) and 13563 (Improving Regulation and Regulatory Review) Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess the costs and benefits of the intended regulation. E.O. 13563 allows that in making this assessment, an agency ``may consider (and discuss qualitatively) values that are difficult or impossible to quantify, including equity, human dignity, fairness, and distributive impacts.'' The estimated costs of this rulemaking do not exceed the threshold of economic significance (i.e., an annual effect on the economy of $100 million or more). However, the proposed rule has been designated a ``significant regulatory action'' under section 3(f) of Executive Order 12866 and therefore it has been reviewed by the Office of Management and Budget. This rule provides a benefit by promoting non-discrimination, which itself promotes programmatic efficiency, with very little additional administrative burden for the affected entities, USAID contractors. It does not ask them to carry out activities beyond those in their contract SOWs and terms and conditions; it does not ask them to alter the manner in which they conduct the work as set out in their contracts. In fact, it reminds them to stay within those instructions. The only potential cost the Agency could identify for contractors and subcontractors is for minimal training, to the extent that contractors do not already proscribe discrimination as part of the normal conduct of their business. USAID awards approximately 1,300 contracts/task orders annually. As a practical matter for these current contracts, even absent this clause, if for example a contract specified the provision of food parcels in a certain community, the contractor could not, on its own, decide that only certain members of that community should receive the food parcels or that certain members should be excluded. Including this clause in all new contracts and subcontracts going forward provides an explicit reminder of USAID's expectation that its contractors not discriminate against any protected group or individual, and is particularly important in countries where stigma and discrimination toward certain groups is tolerated or officially endorsed by the government. The benefits of the rule would be to expressly reinforce notions of equity, fairness, and human dignity under Federal Government contracts. Contractors responding to a solicitation (e.g. request for proposals (RFP) or invitation for bid (IFB)) would further be on notice not to include any discriminatory criteria in their response to a solicitation, absent specific programmatic justification in the SOW to do so. IV. Regulatory Flexibility Act Congress enacted the Regulatory Flexibility Act of 1980, as amended, 5 U.S.C. 601-612, to ensure that Government regulations do not unnecessarily or disproportionately burden small entities. It requires a regulatory flexibility analysis if a rule would have a significant economic impact, either detrimental or beneficial, on a substantial number of small entities. In fiscal year 2015, 330 small businesses received USAID funds. In fiscal years 2011, 2012, 2013, and 2014 the 391, 384, 349, and 363 small businesses received USAID funds, respectively. The requirement this rule would impose on small businesses is no different than the requirement for other entities: Contracts or subcontracts awarded to them will include a provision reminding them not to discriminate. Beyond adding a brief reminder or discussion of this now explicit requirement to existing trainings on business ethics and conduct they provide to their staff, as already required by FAR 3.10, we do not estimate that this will impose a significant additional cost. As with all contractors, the employees of small businesses will be expected to be mindful of the principles of equity, fairness, and human dignity when performing the work under their contracts; as they have always been. The additional effort by small businesses (a matter of a few minutes of discussion) is so de minimis that we do not estimate that this will impose more than a negligible cost. There are no reporting or recordkeeping requirements associated with this rule. The rule does not duplicate, overlap, or conflict with any other Federal rules. There is currently no other Federal rule addressing discrimination of recipients of supplies or services pursuant to a Federal Government contract. There were no significant alternatives identified that would meet the objective of the rule. In light of the above analysis, the USAID Chief Acquisition Officer certifies that this proposed rule would not have a significant economic impact on a substantial number of small entities. [[Page 56574]] V. Paperwork Reduction Act This rule does not include a reporting or information collection requirement. Therefore, USAID has determined that this rule does not impose any new or revised reporting or disclosure requirements that would be considered collections of information requiring Office of Management and Budget approval under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. List of Subjects in 48 CFR Part 752 Government procurement. For the reasons discussed in the preamble, USAID amends 48 CFR Chapter 7 as set forth below: 0 1. The authority citation for 48 CFR Chapter 7 part 752 continues to read as follows: Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445 (22 U.S.C. 2381), as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 CFR 1979 Comp., p. 435. SUBCHAPTER H--CLAUSES AND FORMS PART 752--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 2. Add Section 752.7038 to read as follows: Sec. 752.7038 Nondiscrimination against End-Users of Supplies or Services. The following clause must be inserted in section I of all solicitations and resulting contracts. Nondiscrimination Against End-Users of Supplies or Services (Date) (a) USAID policy requires that the contractor not discriminate against any end-user of the contract supplies or services (i.e., the beneficiaries of the supplies or services) in implementation of this award, such as, but not limited to, by withholding, adversely impacting, or denying equitable access to the supplies or services (benefits) provided through this contract on the basis of any factor not expressly stated in the award. This may include, for example, race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, disability, age, genetic information, marital status, parental status, political affiliation, or veteran's status. Nothing in this clause is intended to limit the ability of a contractor to target activities toward the assistance needs of certain populations as defined in the contract. (b) The Contractor must insert this clause, including this paragraph, in all subcontracts under this contract. (End of clause) Dated: August 8, 2016. Sunil Xavier, Acting Chief Acquisition Officer. [FR Doc. 2016-19716 Filed 8-19-16; 8:45 am] BILLING CODE 6116-01-P
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AGENCY FOR INTERNATIONAL FOR FURTHER INFORMATION CONTACT: Lesbian, Gay, Bisexual, and Transgender
DEVELOPMENT Todd Larson Telephone: 202–712–4969 Persons,’’ directs all agencies engaged
or Email: tlarson@usaid.gov abroad to advance nondiscrimination.
48 CFR Part 752 SUPPLEMENTARY INFORMATION: This proposed rule addressing
discrimination in the provision of
I. Background supplies or services is consistent with
RIN 0412–AA81
USAID seeks to improve the lives of the values that animate the above.
Requirement for Nondiscrimination people around the world by being
II. Discussion
Against End-Users of Supplies or inclusive in its development and
Services (‘‘Beneficiaries’’) Under humanitarian assistance efforts. In so This rulemaking would revise (48
USAID-Funded Contracts doing, USAID recognizes that every CFR) AIDAR to add a new clause at
person is instrumental in the 752.7038 entitled ‘‘Nondiscrimination
AGENCY: U.S. Agency for International transformation of their own societies, against End-Users of Supplies or
Development. with the end result that each and every Services.’’ The clause, applicable to all
ACTION: Proposed rule. person is recognized and equally valued solicitations, contracts, and subcontracts
without regard to artificial and at any tier, prohibits contractors and
SUMMARY: The Foreign Assistance Act of discriminatory distinctions. The subcontractors from discriminating
1961, as amended (FAA), authorizes the inclusion, protection, and against beneficiaries or potential
U.S. Agency for International empowerment of all persons is critical beneficiaries (i.e., those individuals
Development (USAID) to provide because drawing on the full intended to receive the benefits of the
foreign assistance in the form of contributions of the entire population award, whether goods or services) on
development and humanitarian leads to more effective, comprehensive, the basis of any characteristics not
assistance that reflect American ideals. and sustainable development results. expressly stated in the award.
To help emphasize USAID’s intent and Nondiscrimination is the basic This proposed rule is published for
expectation of non-discrimination of foundation of USAID’s inclusive public comment pursuant to the Office
beneficiaries in USAID-funded development approach; as such, all of Federal Procurement Policy Act (41
activities, USAID is proposing to amend USAID programs seek to ensure access U.S.C. 1707).
its Agency for International for all potential beneficiaries within the The Administrative Procedure Act
Development Acquisition Regulation scope of the contract without (APA) provides an exception for
(AIDAR) to include a new clause discrimination. Contractors must adhere ‘‘matter[s] relating to agency
entitled ‘‘Nondiscrimination against to this by implementing the activities as management or personnel or to public
End-Users of Supplies or Services.’’ outlined in the contract SOWs. property, loans, grants, benefits, or
This proposed clause expressly states Nondiscrimination is a critical contracts’’ from the requirement of
that USAID-funded contractors must not foundation for protecting and promoting public notice and comment before a
discriminate among end-users of the human rights of all persons. In final rulemaking. 5 U.S.C. 553(a)(2).
supplies or services (referred to in this addition, nondiscrimination ensures This rulemaking is directly related to
rule as beneficiaries and potential equitable access to USAID programs. contracts.
beneficiaries) in any way that is Effective nondiscrimination practices The Office of Federal Procurement
contrary to the scope of the activity as support USAID’s principles of inclusion Policy Act, 41 U.S.C. 1707, imposes a
defined in the statements of work and equal access and help to ensure that separate requirement for public
(SOWs). USAID programs empower and comment prior to final rulemaking for
effectively reach women and girls; any ‘‘procurement policy, regulation,
DATES: To be considered, comments procedure, or form . . . if it (A) relates
marginalized ethnic and religious
must be received no later than to the expenditure of appropriated
populations; indigenous peoples;
September 21, 2016. funds; and (B)(i) has a significant effect
internally displaced persons; persons
ADDRESSES: Address all comments with disabilities; youth and the elderly; beyond the internal operating
concerning this notice to Todd Larson, lesbian, gay, bisexual, transgender, and procedures of the agency issuing [it]; or
Senior Coordinator, U.S. Agency for intersex individuals; and other socially (ii) has a significant cost or
International Development, Rm. 6.09–71 marginalized individuals and peoples administrative impact on contractors or
RRB, 1300 Pennsylvania Avenue NW., unique to the country or regional offerors.’’ This proposed rulemaking is
Washington, DC 20523. Submit context. related to procurement policy and will
comments, identified by title of the In recent years, the Government has amend USAID’s Acquisition Regulation
action and Regulatory Information made multiple pronouncements of (AIDAR).
Number (RIN) by any of the following policy in many areas reflecting its Per subsection (b) of this statute,
methods: emphasis on equity, fairness, and USAID is publishing this proposed
1. Through the Federal eRulemaking human dignity—effective rulemaking for a comment period of 30
Portal at http://www.regulations.gov by nondiscrimination is a means toward days.
following the instructions for submitting achieving all of these. For example, in The purpose of this rulemaking is to
comments. 2011, the White House issued E.O. ensure adherence to the intent and
2. By Email: Submit electronic 13563, ‘‘Improving Regulation and authorities in the FAA, and other
comments to tlarson@usaid.gov. See Regulatory Review,’’ to update all statutes related to humanitarian
SUPPLEMENTARY INFORMATION for file agencies on factors to consider when assistance and international
Lhorne on DSK30JT082PROD with PROPOSALS
formats and other information about issuing rules; in addition to quantitative development. The stated intent of the
electronic filing. factors, it advised that the qualitative FAA is to help people, without regard
3. By Mail addressed to: Todd Larson, values of equity, fairness, and human to irrelevant and discriminatory
U.S. Agency for International dignity are important considerations. distinctions among them. This intent is
Development, Rm. 6.09–71 RRB, 1300 Additionally, a 2011 Presidential reflected in many places in the statute.
Pennsylvania Avenue NW., Washington, Memorandum, ‘‘International Initiatives The first words of the Act set out that
DC 20523. to Advance the Human Rights of it seeks to promote United States
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![Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules 56573
interests ‘‘by assisting peoples of the III. Executive Orders 12866 (Regulatory Contractors responding to a
world.’’ Congress explained its intent Planning and Review) and 13563 solicitation (e.g. request for proposals
thusly in FAA section 101: ‘‘[T]he (Improving Regulation and Regulatory (RFP) or invitation for bid (IFB)) would
Congress reaffirms the traditional Review) further be on notice not to include any
humanitarian ideals of the American discriminatory criteria in their response
Executive Orders (E.O.s) 12866 and to a solicitation, absent specific
people and renews its commitment to 13563 direct agencies to assess the costs
assist people in developing countries to programmatic justification in the SOW
and benefits of the intended regulation. to do so.
eliminate hunger, poverty, illness, and E.O. 13563 allows that in making this
ignorance.’’ assessment, an agency ‘‘may consider IV. Regulatory Flexibility Act
A survey of FAA provisions relevant (and discuss qualitatively) values that Congress enacted the Regulatory
to USAID awards reflects that they focus are difficult or impossible to quantify, Flexibility Act of 1980, as amended, 5
on development and humanitarian including equity, human dignity, U.S.C. 601–612, to ensure that
assistance needs and effectiveness fairness, and distributive impacts.’’ The Government regulations do not
toward meeting them. For example, estimated costs of this rulemaking do unnecessarily or disproportionately
FAA section 103, on agriculture, rural not exceed the threshold of economic burden small entities. It requires a
development, and nutrition, suggests significance (i.e., an annual effect on the regulatory flexibility analysis if a rule
assistance should focus on alleviating economy of $100 million or more). would have a significant economic
poverty. FAA section 104, on health- However, the proposed rule has been impact, either detrimental or beneficial,
related assistance, suggests limited designated a ‘‘significant regulatory on a substantial number of small
targeting of activities to the specialized action’’ under section 3(f) of Executive entities.
Order 12866 and therefore it has been
health needs of children, infants, and In fiscal year 2015, 330 small
reviewed by the Office of Management
mothers. FAA section 491, on businesses received USAID funds. In
and Budget.
international disaster assistance, fiscal years 2011, 2012, 2013, and 2014
contemplates ‘‘prompt United States This rule provides a benefit by the 391, 384, 349, and 363 small
assistance to alleviate human suffering’’ promoting non-discrimination, which businesses received USAID funds,
itself promotes programmatic efficiency, respectively. The requirement this rule
and emphasizes only that the
with very little additional would impose on small businesses is no
implementing agency ‘‘shall insure that
administrative burden for the affected different than the requirement for other
the assistance provided by the United entities, USAID contractors. It does not
States shall, to the greatest extent entities: Contracts or subcontracts
ask them to carry out activities beyond awarded to them will include a
possible, reach those most in need of those in their contract SOWs and terms
relief and rehabilitation as a result of provision reminding them not to
and conditions; it does not ask them to discriminate. Beyond adding a brief
natural and manmade disaster.’’ alter the manner in which they conduct reminder or discussion of this now
In some contexts, such as assistance the work as set out in their contracts. In explicit requirement to existing
for child survival, the foreign assistance fact, it reminds them to stay within trainings on business ethics and
authorities contemplate a focus on those instructions. The only potential conduct they provide to their staff, as
women and children, but that is a cost the Agency could identify for already required by FAR 3.10, we do not
matter of programmatic need and contractors and subcontractors is for estimate that this will impose a
effectiveness. There is no context where minimal training, to the extent that significant additional cost. As with all
excluding individuals from assistance contractors do not already proscribe contractors, the employees of small
based on any of the types of discrimination as part of the normal businesses will be expected to be
discrimination proscribed by this conduct of their business. mindful of the principles of equity,
clause, outside the scope of the award, USAID awards approximately 1,300 fairness, and human dignity when
would have a positive effect on contracts/task orders annually. As a performing the work under their
implementing USAID’s foreign practical matter for these current contracts; as they have always been. The
assistance authorities. contracts, even absent this clause, if for additional effort by small businesses (a
example a contract specified the matter of a few minutes of discussion)
The main effect of this clause is to provision of food parcels in a certain is so de minimis that we do not estimate
ensure that USAID’s policy and practice community, the contractor could not, on that this will impose more than a
of non-discrimination in planning its own, decide that only certain negligible cost.
projects and activities is followed members of that community should There are no reporting or
through to completion by the receive the food parcels or that certain recordkeeping requirements associated
contractors that implement them. Its members should be excluded. with this rule. The rule does not
impact on contractors and offerors is to Including this clause in all new duplicate, overlap, or conflict with any
remind them to follow the terms and contracts and subcontracts going other Federal rules. There is currently
conditions of the contract, including the forward provides an explicit reminder no other Federal rule addressing
implementation of the SOW as of USAID’s expectation that its discrimination of recipients of supplies
designed, and to refrain from the types contractors not discriminate against any or services pursuant to a Federal
of discrimination described in the protected group or individual, and is Government contract. There were no
clause. In itself, the proposed clause particularly important in countries significant alternatives identified that
Lhorne on DSK30JT082PROD with PROPOSALS
serves as a reminder to contractors and where stigma and discrimination toward would meet the objective of the rule.
offerors of USAID’s long-standing, pre- certain groups is tolerated or officially In light of the above analysis, the
existing expectations based on USAID’s endorsed by the government. The USAID Chief Acquisition Officer
programmatic and planning priorities benefits of the rule would be to certifies that this proposed rule would
and authorities. expressly reinforce notions of equity, not have a significant economic impact
fairness, and human dignity under on a substantial number of small
Federal Government contracts. entities.
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V. Paperwork Reduction Act DEPARTMENT OF TRANSPORTATION Instructions: All submissions must
This rule does not include a reporting include the agency name, docket name,
or information collection requirement. Federal Railroad Administration and docket number or Regulatory
Therefore, USAID has determined that Identification Number (RIN) for this
this rule does not impose any new or 49 CFR Part 269 rulemaking (RIN 2130–AC60). FRA will
revised reporting or disclosure [Docket No. FRA–2016–0023, Notice No. 3] post all comments received without
requirements that would be considered change to http://www.regulations.gov,
RIN 2130–AC60 including any personal information
collections of information requiring
Office of Management and Budget provided. Please see the Privacy Act
Competitive Passenger Rail Service heading in the ‘‘Supplementary
approval under the Paperwork Pilot Program
Reduction Act, 44 U.S.C. 3501 et seq. Information’’ section of this document
AGENCY: Federal Railroad for Privacy Act information about any
List of Subjects in 48 CFR Part 752 Administration (FRA), U.S. Department submitted petitions, comments, or
Government procurement. of Transportation (DOT). materials.
For the reasons discussed in the ACTION: Proposed rule; notice of public Docket: For access to the docket to
preamble, USAID amends 48 CFR hearing and extension of comment read background documents or
Chapter 7 as set forth below: period. comments received, go to http://
■ 1. The authority citation for 48 CFR
www.regulations.gov at any time or to
Chapter 7 part 752 continues to read as SUMMARY: On June 22, 2016, FRA the U.S. Department of Transportation,
follows: published a Notice of Proposed Docket Operations, M–30, West
Rulemaking (NPRM) that would Building, Ground Floor, Room W12–
Authority: Sec. 621, Pub. L. 87–195, 75 implement a pilot program for 140, 1200 New Jersey Avenue SE.,
Stat. 445 (22 U.S.C. 2381), as amended; E.O.
competitive selection of eligible Washington, DC 20590, between 9 a.m.
12163, Sept. 29, 1979, 44 FR 56673; and 3
CFR 1979 Comp., p. 435. petitioners in lieu of Amtrak to operate and 5 p.m., Monday through Friday,
not more than three long-distance routes except Federal Holidays.
SUBCHAPTER H—CLAUSES AND FORMS operated by Amtrak. FRA is announcing FOR FURTHER INFORMATION CONTACT:
PART 752—SOLICITATION a public hearing to provide interested Brandon White, Office of Railroad
PROVISIONS AND CONTRACT persons an opportunity to provide oral Policy and Development, Federal
CLAUSES comments on the proposal. FRA is also Railroad Administration, 1200 New
announcing an extension of the Jersey Avenue SE., Washington, DC
■ 2. Add Section 752.7038 to read as comment period for this proceeding to 20590, (202) 493–1327, Brandon.White@
follows: allow time for interested parties to dot.gov, or Zeb Schorr, Office of Chief
submit written comments in response to Counsel, Federal Railroad
§ 752.7038 Nondiscrimination against End-
Users of Supplies or Services.
views or information provided at the Administration, 1200 New Jersey
public hearing. Avenue SE., Washington, DC 20590,
The following clause must be inserted
DATES: A public hearing will be held on (202) 493–6072.
in section I of all solicitations and
resulting contracts. September 7, 2016, at 1:45 p.m. in SUPPLEMENTARY INFORMATION: Interested
Washington, DC. The comment period parties are invited to present oral
Nondiscrimination Against End-Users for the NPRM published on June 22, statements and to offer information and
of Supplies or Services (Date) 2016, (81 FR 40624) is open through views at the hearing. The hearing will
(a) USAID policy requires that the August 22, 2016. Comments in response be informal and will be conducted by a
contractor not discriminate against any end- to views or information provided at the representative FRA designates under
user of the contract supplies or services (i.e., public hearing must be received by FRA’s Rules of Practice (49 CFR 211.25).
the beneficiaries of the supplies or services) October 7, 2016. The hearing will be a non-adversarial
in implementation of this award, such as, but ADDRESSES: Public Hearing. The public proceeding. Therefore, there will be no
not limited to, by withholding, adversely cross examination of persons presenting
impacting, or denying equitable access to the
hearing will be held at the U.S.
supplies or services (benefits) provided Department of Transportation, 1200 statements or offering evidence. An FRA
through this contract on the basis of any New Jersey Avenue SE., Conference representative will make an opening
factor not expressly stated in the award. This Center Room 7, Washington, DC 20590. statement outlining the scope of the
may include, for example, race, color, Comments. You may submit hearing. After all initial statements are
religion, sex (including gender identity, comments identified by Docket Number completed those persons wishing to
sexual orientation, and pregnancy), national FRA–2016–0023 by any of the following make a brief rebuttal will be given the
origin, disability, age, genetic information, methods: opportunity to do so in the same order
marital status, parental status, political • Online: Comments should be filed the initial statements were made. FRA
affiliation, or veteran’s status. Nothing in this
clause is intended to limit the ability of a at the Federal eRulemaking Portal, will announce additional procedures
contractor to target activities toward the http://www.regulations.gov. Follow the necessary to conduct the hearing, at the
assistance needs of certain populations as online instructions for submitting hearing. The purpose of this hearing is
defined in the contract. comments. to receive oral comments in response to
(b) The Contractor must insert this clause, • Fax: 202–493–2251. an NPRM for a competitive passenger
including this paragraph, in all subcontracts • Mail: Docket Management Facility, rail service pilot program. FRA will add
under this contract. U.S. Department of Transportation, 1200 a transcript of the discussions to the
Lhorne on DSK30JT082PROD with PROPOSALS
(End of clause) New Jersey Avenue SE., W12–140, public docket in this proceeding.
Washington, DC 20590. Public Participation Procedures. Any
Dated: August 8, 2016. • Hand Delivery: 1200 New Jersey person wishing to make a statement at
Sunil Xavier, Avenue SE., Room W12–140, the hearing should notify Mr. White by
Acting Chief Acquisition Officer. Washington, DC 20590, between 9 a.m. telephone, email, or in writing, at least
[FR Doc. 2016–19716 Filed 8–19–16; 8:45 am] and 5 p.m., Monday through Friday, 5 working days before the date of the
BILLING CODE 6116–01–P except Federal Holidays. hearing and submit three copies of the
VerDate Sep<11>2014 15:13 Aug 19, 2016 Jkt 238001 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\22AUP1.SGM 22AUP1](https://thefederalregister.org/doc/81_FR_56734/page/3.svg)
Document Created: 2018-02-09 11:37:49
Document Modified: 2018-02-09 11:37:49
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | To be considered, comments must be received no later than September 21, 2016. | |
| Contact | Todd Larson Telephone: 202-712-4969 or Email: [email protected] | |
| FR Citation | 81 FR 56572 | |
| RIN Number | 0412-AA81 |
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