81 FR 85673 - Revision of Form FHWA-1273
DEPARTMENT OF TRANSPORTATION
Federal Highway Administration Federal Register Volume 81, Issue 228 (November 28, 2016)
Federal Highway Administration
Federal Register Volume 81, Issue 228 (November 28, 2016)
| Page Range | 85673-85674 | |
| FR Document | 2016-28586 |
[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)] [Notices] [Pages 85673-85674] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28586] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration [FHWA Docket No. FHWA-2016-0027] Revision of Form FHWA-1273 AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice; request for comments. ----------------------------------------------------------------------- SUMMARY: The FHWA is requesting comments on a proposed revision of form FHWA-1273--``Required Contract Provisions Federal-Aid Construction Contracts.'' This form includes certain contract provisions that are required on all Federal-aid construction projects. The revisions are necessary to provide consistency with the current policies of FHWA and other Federal agencies. DATES: Comments must be received on or before December 28, 2016. ADDRESSES: All comments should include the docket number that appears in the heading of this document and may be submitted in the following ways:E-Gov Web site: http://www.regulations.gov. This Web site allows the public to enter comments on any Federal Register notice issued by any agency. Follow the instructions for submitting comments. Fax: 1-202-493-2251. Mail: DOT Docket Management System: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Hand Delivery: DOT Docket Management System; West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Instructions: You should identify the docket number at the beginning of your comments. If you submit your comments by mail, submit two copies. To receive confirmation that DOT received your comments, include a self-addressed stamped postcard. Late comments will be considered to the extent practicable. Note: Comments are posted without changes or edits to http://www.regulations.gov, including any personal information provided. All comments received will be available for examination and copying at the above address from 9 a.m. to 5 p.m., Monday through Friday, except Federal holidays. Those desiring notification of receipt of comments must include a self-addressed, stamped postcard or may print the acknowledgment page that appears after submitting comments electronically. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). Persons making comments may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70, Pages 19477-78). FOR FURTHER INFORMATION CONTACT: Gerald Yakowenko, Office of Program Administration, (202) 366-1562, [email protected] or William Winne, Office of the Chief Counsel, (202) 366-1397, [email protected]. Office hours for FHWA are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: Electronic Access An electronic copy of this document may be downloaded from the Federal Register's home page at: [[Page 85674]] http://www.archives.gov and the Government Publishing Office's database at: http://www.access.thefederalregister.org/nara. Background As provided in 23 CFR 633.103, Form FHWA-1273 includes contract provisions and proposal notices that are required by regulations promulgated by FHWA or other Federal agencies. The provisions include non-discrimination, prevailing wage rates, subcontracting, job-site safety, and other important requirements that must be included in every Federal-aid construction project. According to 23 CFR 633.104(a), FHWA will update the form as regulatory revisions occur. Since the form was last revised on May 1, 2012, a number of policy revisions have occurred. The revisions that are being proposed by FHWA to Form FHWA- 1273 will bring the form up to date with the current requirements. The proposed revisions are being made for the following reasons: The U.S. Department of Labor, Office of Federal Contract Compliance (OFCCP) issued a final rule on December 9, 2014, which revised the Equal Employment Opportunity requirements for Federal and federally assisted projects. We propose to implement minor revisions in Sections II and III--Nondiscrimination and Non-segregated Facilities to replace the terms ``sex'' with ``sex, sexual orientation, and gender identity'' to be consistent with the 41 CFR 60-1. Revisions are proposed to Section II.10 as follows: This section is retitled as ``Assurance Required,'' the assurance required by 49 CFR 26.13(b) is included verbatim, and incorporation by reference is provided for the Title VI assurance required by U.S. DOT Order 1050.2A Appendices A and E. A revision is proposed to the first paragraph of Section IV to address the ``treatment of projects'' provision in 23 U.S.C. 133(i), which requires that all projects (excluding those funded under the recreational trail set-aside) be treated as if on a Federal-aid highway. Revisions are proposed to Section IX--Implementation of Clean Air Act and Federal Water Pollution Control Act to be consistent with the provisions in Appendix II to Part 200--Contract Provisions for Non-Federal Entity Contracts Under Federal Awards in 2 CFR 200. Revisions are proposed to Section X--Certification Regarding Debarrment, Suspension, Ineligibility and Voluntary Exclusion to implement new certification language to ensure that awards are not made to companies who have a verified Federal tax delinquency or companies who have been convicted of a Federal felony offense within 2 years prior to the award. The new certifications implement the Government-wide General Provisions, currently under Division E, Title VII, Financial Services and General Government Appropriations Act, FY 2016 (Sections 745-746 in the FY 2016 Act, 129 STAT. 2485-2486 and similar provisions in subsequent appropriations acts). In addition, the Excluded Parties List System (www.EPLS.gov) has been replaced with the System for Award Management (www.SAM.gov). The reference to this system in the form is updated. We propose to add a new Section XII--Use of United States- Flag Vessels to implement Cargo Preference Act requirements on Federal- aid projects. On October 14, 2008, President Obama signed the ``Duncan Hunter National Defense Authorization Act of 2009.'' Section 3511 of that Act amended the Cargo Preference Act by stating the requirements apply to cargoes financed ``in any way with Federal funds for the account of any persons unless otherwise exempted.'' This Act requires the use of a United States-Flag vessel for all oceanic shipments (or shipments across the Great Lakes) necessary for materials or equipment acquired for a specific, Federal aid highway project. See FHWA's December 8, 2015, legal opinion titled: ``Cargo Preference Act and Federal-aid Projects'' (available online at https://www.fhwa.dot.gov/construction/cqit/cargo/151208.cfm) for additional information. Minor grammatical and formatting revisions are proposed throughout the document for clarity and to be consistent with 2 CFR part 200. The proposed revision to Form FHWA-1273 will incorporate the changes noted above as well as other important changes to the required contract provisions. A list of the proposed changes and a marked-up version of the changes are available at the following Web site: https://www.fhwa.dot.gov/construction/cqit/form1273.cfm. The FHWA anticipates issuing a second notice responding to the comments received and requiring the use of the revised form for all Federal-aid projects advertised 60 days after the publication date of the second notice. Authority: 23 U.S.C. 112; 23 CFR 633; 49 CFR 1.85. Issued on: November 17, 2016. Gregory G. Nadeau, Administrator, Federal Highway Administration. [FR Doc. 2016-28586 Filed 11-25-16; 8:45 am] BILLING CODE P
![Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Notices 85673
use of the RPA for mosquito dockets, including the name of the ADDRESSES: All comments should
adulticiding and larvaciding in the individual sending the comment (or include the docket number that appears
vector markets using industry EPA signing the comment for an association, in the heading of this document and
approved products. business, labor union, etc.). You may may be submitted in the following ways:
[FR Doc. 2016–28534 Filed 11–25–16; 8:45 am] review the DOT’s complete Privacy Act • E-Gov Web site: http://
BILLING CODE 4910–13–P
Statement in the Federal Register www.regulations.gov. This Web site
published on April 11, 2000 (65 FR allows the public to enter comments on
19477–78). any Federal Register notice issued by
DEPARTMENT OF TRANSPORTATION Docket: To read background any agency. Follow the instructions for
documents or comments received, go to submitting comments.
Federal Aviation Administration http://www.regulations.gov at any time • Fax: 1–202–493–2251.
or to the Docket Management Facility in • Mail: DOT Docket Management
[Summary Notice No. PE–2016–119 ] System: U.S. Department of
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey Transportation, Docket Operations, M–
Petition for Exemption; Summary of
Avenue, SE., Washington, DC, between 30, West Building Ground Floor, Room
Petition Received: Aero Medical
9 a.m. and 5 p.m., Monday through W12–140, 1200 New Jersey Avenue SE.,
Products Mfg., Inc.
Friday, except Federal holidays. Washington, DC 20590–0001.
AGENCY: Federal Aviation • Hand Delivery: DOT Docket
FOR FURTHER INFORMATION CONTACT:
Administration (FAA), DOT. Management System; West Building
Mark Forseth, ANM–113, Federal
ACTION: Notice of petition for exemption
Ground Floor, Room W12–140, 1200
Aviation Administration, 1601 Lind
received. New Jersey Avenue SE., Washington,
Avenue SW., Renton, WA 98057–3356,
DC 20590–0001 between 9 a.m. and 5
email mark.forseth@faa.gov, phone
SUMMARY: This notice contains a p.m., Monday through Friday, except
(425) 227–2796.
summary of a petition seeking relief Federal holidays.
This notice is published pursuant to
from specified requirements of Title 14, Instructions: You should identify the
14 CFR 11.85.
Code of Federal Regulations (14 CFR). docket number at the beginning of your
The purpose of this notice is to improve Issued in Renton, Washington, on comments. If you submit your
November 18, 2016. comments by mail, submit two copies.
the public’s awareness of, and
participation in, this aspect of the FAA’s Dale Bouffiou, To receive confirmation that DOT
regulatory activities. Neither publication Acting Director, Office of Rulemaking. received your comments, include a self-
of this notice nor the inclusion or Petition for Exemption addressed stamped postcard. Late
omission of information in the summary comments will be considered to the
is intended to affect the legal status of Docket No.: FAA–2013–0582. extent practicable.
the petition or its final disposition. Petitioner: Aero Medical Products
Note: Comments are posted without
Mfg., Inc. changes or edits to http://
DATES: Comments on this petition must
Section of 14 CFR Affected: §§ 25.562 www.regulations.gov, including any personal
identify the petition docket number and 25.785(b). information provided. All comments
involved and must be received on or Description of Relief Sought: received will be available for examination
before December 19, 2016. Petitioner request to amend exemption and copying at the above address from 9 a.m.
ADDRESSES: You may send comments no. 10862 to allow ambulatory persons to 5 p.m., Monday through Friday, except
identified by docket number FAA– to occupy medical stretchers during all Federal holidays. Those desiring notification
2013–0582 using any of the following stages of flight. of receipt of comments must include a self-
methods: addressed, stamped postcard or may print the
[FR Doc. 2016–28532 Filed 11–25–16; 8:45 am] acknowledgment page that appears after
• Government-wide rulemaking Web
BILLING CODE 4910–13–P submitting comments electronically. Anyone
site: Go to http://www.regulations.gov is able to search the electronic form of all
and follow the instructions for sending comments received into any of our dockets
your comments digitally. DEPARTMENT OF TRANSPORTATION by the name of the individual submitting the
• Mail: Send comments to the Docket comment (or signing the comment, if
Management Facility; U.S. Department Federal Highway Administration submitted on behalf of an association,
of Transportation, 1200 New Jersey business, labor union, etc.). Persons making
[FHWA Docket No. FHWA–2016–0027] comments may review DOT’s complete
Avenue SE., West Building Ground
Floor, Room W12–140, Washington, DC Privacy Act Statement in the Federal
Revision of Form FHWA–1273 Register published on April 11, 2000
20590.
(Volume 65, Number 70, Pages 19477–78).
• Fax: Fax comments to the Docket AGENCY: Federal Highway
Management Facility at 202–493–2251. Administration (FHWA), DOT. FOR FURTHER INFORMATION CONTACT:
• Hand Delivery: Bring comments to ACTION: Notice; request for comments. Gerald Yakowenko, Office of Program
the Docket Management Facility in Administration, (202) 366–1562,
Room W12–140 of the West Building SUMMARY: The FHWA is requesting Gerald.Yakowenko@dot.gov or William
Ground Floor at 1200 New Jersey comments on a proposed revision of Winne, Office of the Chief Counsel,
Avenue SE., Washington, DC, between 9 form FHWA–1273—‘‘Required Contract (202) 366–1397, William.Winne@
a.m. and 5 p.m., Monday through Provisions Federal-Aid Construction dot.gov. Office hours for FHWA are from
Friday, except Federal holidays. Contracts.’’ This form includes certain 8:00 a.m. to 4:30 p.m., e.t., Monday
mstockstill on DSK3G9T082PROD with NOTICES
Privacy: We will post all comments contract provisions that are required on through Friday, except Federal holidays.
we receive, without change, to http:// all Federal-aid construction projects. SUPPLEMENTARY INFORMATION:
www.regulations.gov, including any The revisions are necessary to provide
personal information you provide. consistency with the current policies of Electronic Access
Using the search function of our docket FHWA and other Federal agencies. An electronic copy of this document
Web site, anyone can find and read the DATES: Comments must be received on may be downloaded from the Federal
comments received into any of our or before December 28, 2016. Register’s home page at:
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![85674 Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Notices
http://www.archives.gov and the have a verified Federal tax delinquency Issued on: November 17, 2016.
Government Publishing Office’s or companies who have been convicted Gregory G. Nadeau,
database at: http://www.access.gpo.gov/ of a Federal felony offense within 2 Administrator, Federal Highway
nara. years prior to the award. The new Administration.
Background certifications implement the [FR Doc. 2016–28586 Filed 11–25–16; 8:45 am]
Government-wide General Provisions, BILLING CODE P
As provided in 23 CFR 633.103, Form
currently under Division E, Title VII,
FHWA–1273 includes contract
Financial Services and General
provisions and proposal notices that are DEPARTMENT OF TRANSPORTATION
required by regulations promulgated by Government Appropriations Act, FY
FHWA or other Federal agencies. The 2016 (Sections 745–746 in the FY 2016 Federal Railroad Administration
provisions include non-discrimination, Act, 129 STAT. 2485–2486 and similar
provisions in subsequent appropriations [Safety Advisory 2016–02]
prevailing wage rates, subcontracting,
job-site safety, and other important acts). In addition, the Excluded Parties
Identification and Mitigation of Hazards
requirements that must be included in List System (www.EPLS.gov) has been Through Job Safety Briefings and
every Federal-aid construction project. replaced with the System for Award Hazard Recognition Strategies
According to 23 CFR 633.104(a), FHWA Management (www.SAM.gov). The
will update the form as regulatory reference to this system in the form is AGENCY: Federal Railroad
revisions occur. Since the form was last updated. Administration (FRA), U.S. Department
revised on May 1, 2012, a number of of Transportation (DOT).
• We propose to add a new Section
policy revisions have occurred. The ACTION: Notice of Safety Advisory.
XII—Use of United States-Flag Vessels
revisions that are being proposed by
to implement Cargo Preference Act SUMMARY: FRA is issuing Safety
FHWA to Form FHWA–1273 will bring
requirements on Federal-aid projects. Advisory 2016–02 out of concern for the
the form up to date with the current
On October 14, 2008, President Obama number of railroad and railroad
requirements. The proposed revisions
signed the ‘‘Duncan Hunter National contractor fatalities that occur when
are being made for the following
Defense Authorization Act of 2009.’’ roadway workers perform certain
reasons:
• The U.S. Department of Labor, Section 3511 of that Act amended the activities that fall outside the scope of
Office of Federal Contract Compliance Cargo Preference Act by stating the FRA’s safety regulations, but within the
(OFCCP) issued a final rule on requirements apply to cargoes financed purview of the U.S. Occupational Safety
December 9, 2014, which revised the ‘‘in any way with Federal funds for the and Health Administration’s (OSHA)
Equal Employment Opportunity account of any persons unless otherwise regulations. FRA is issuing this Safety
requirements for Federal and federally exempted.’’ This Act requires the use of Advisory to remind railroads and
railroad contractors, and their
assisted projects. We propose to a United States-Flag vessel for all
employees (including roadway workers)
implement minor revisions in Sections oceanic shipments (or shipments across
of the importance of identifying
II and III—Nondiscrimination and Non- the Great Lakes) necessary for materials hazardous conditions at job locations,
segregated Facilities to replace the terms or equipment acquired for a specific, conducting thorough job safety briefings
‘‘sex’’ with ‘‘sex, sexual orientation, and Federal aid highway project. See to discuss the hazardous conditions,
gender identity’’ to be consistent with FHWA’s December 8, 2015, legal and taking appropriate actions to
the 41 CFR 60–1. opinion titled: ‘‘Cargo Preference Act
• Revisions are proposed to Section mitigate those conditions. This Safety
and Federal-aid Projects’’ (available Advisory reminds railroads, railroad
II.10 as follows: This section is retitled online at https://www.fhwa.dot.gov/ contractors, and their respective
as ‘‘Assurance Required,’’ the assurance
construction/cqit/cargo/151208.cfm) for employees that OSHA’s job safety
required by 49 CFR 26.13(b) is included
additional information. regulations may apply to certain
verbatim, and incorporation by
• Minor grammatical and formatting roadway worker activities and makes
reference is provided for the Title VI
revisions are proposed throughout the recommendations for hazard recognition
assurance required by U.S. DOT Order
document for clarity and to be strategies and challenge procedures that
1050.2A Appendices A and E.
• A revision is proposed to the first consistent with 2 CFR part 200. could improve roadway worker safety
paragraph of Section IV to address the while roadway workers are engaged in
The proposed revision to Form activities subject to OSHA’s regulations.
‘‘treatment of projects’’ provision in 23 FHWA–1273 will incorporate the
U.S.C. 133(i), which requires that all FRA considers this Safety Advisory
changes noted above as well as other responsive to the National
projects (excluding those funded under
important changes to the required Transportation Safety Board’s (NTSB)
the recreational trail set-aside) be
contract provisions. A list of the Recommendations R–14–33, R–14–35,
treated as if on a Federal-aid highway.
• Revisions are proposed to Section proposed changes and a marked-up and R–14–36.
IX—Implementation of Clean Air Act version of the changes are available at FOR FURTHER INFORMATION CONTACT: Mr.
and Federal Water Pollution Control Act the following Web site: https:// Joseph E. Riley, Track Specialist, Track
to be consistent with the provisions in www.fhwa.dot.gov/construction/cqit/ Division, Office of Technical Oversight,
Appendix II to Part 200—Contract form1273.cfm. FRA, 1200 New Jersey Avenue SE., Mail
Provisions for Non-Federal Entity The FHWA anticipates issuing a Stop 25, Washington, DC 20590, (202)
Contracts Under Federal Awards in 2 493–6357.
mstockstill on DSK3G9T082PROD with NOTICES
second notice responding to the
CFR 200. comments received and requiring the SUPPLEMENTARY INFORMATION: On April
• Revisions are proposed to Section use of the revised form for all Federal- 3, 2016, two National Railroad
X—Certification Regarding Debarrment, aid projects advertised 60 days after the Passenger Corporation (Amtrak)
Suspension, Ineligibility and Voluntary publication date of the second notice. employees were killed in Chester,
Exclusion to implement new Pennsylvania, when an Amtrak train
certification language to ensure that Authority: 23 U.S.C. 112; 23 CFR 633; 49 struck a backhoe on that track. Although
awards are not made to companies who CFR 1.85. the NTSB has not concluded its
VerDate Sep<11>2014 21:15 Nov 25, 2016 Jkt 241001 PO 00000 Frm 00167 Fmt 4703 Sfmt 4703 E:\FR\FM\28NON1.SGM 28NON1](https://thefederalregister.org/doc/81_FR_85901/page/2.svg)
Document Created: 2018-02-14 08:35:48
Document Modified: 2018-02-14 08:35:48
| 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 | Notices | |
| Action | Notice; request for comments. | |
| Dates | Comments must be received on or before December 28, 2016. | |
| Contact | Gerald Yakowenko, Office of Program Administration, (202) 366-1562, [email protected] or William Winne, Office of the Chief Counsel, (202) 366-1397, [email protected] Office hours for FHWA are from 8:00 a.m. to 4:30 p.m., e.t., Monday through Friday, except Federal holidays. | |
| FR Citation | 81 FR 85673 |
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