82_FR_40108 82 FR 39947 - Pilot Program for Nonprofit Cooperative Procurements

82 FR 39947 - Pilot Program for Nonprofit Cooperative Procurements

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration

Federal Register Volume 82, Issue 161 (August 22, 2017)

Page Range39947-39949
FR Document2017-17606

The Federal Transit Administration (FTA) announces the establishment of the Pilot Program for Nonprofit Cooperative Procurements (Pilot Program) and solicits expressions of interest from eligible nonprofit entities to participate. The Pilot Program is aimed at increasing innovation, promoting efficiency, and demonstrating the effectiveness of cooperative procurement contracts for rolling stock and related equipment administered by eligible nonprofit entities.

Federal Register, Volume 82 Issue 161 (Tuesday, August 22, 2017)
[Federal Register Volume 82, Number 161 (Tuesday, August 22, 2017)]
[Notices]
[Pages 39947-39949]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17606]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Pilot Program for Nonprofit Cooperative Procurements

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice; request for expressions of interest to participate.

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SUMMARY: The Federal Transit Administration (FTA) announces the 
establishment of the Pilot Program for Nonprofit Cooperative 
Procurements (Pilot Program) and solicits expressions of interest from 
eligible nonprofit entities to participate. The Pilot Program is aimed 
at increasing innovation, promoting efficiency, and demonstrating the 
effectiveness of cooperative procurement contracts for rolling stock 
and related equipment administered by eligible nonprofit entities.

DATES: Expressions of interest to become one of the selected nonprofit 
entities in the Pilot Program for Nonprofit Cooperative Procurements 
must be received by October 23, 2017.

ADDRESSES: Expressions of interest may be submitted via U.S. mail, 
electronic mail, or fax. Mail submissions must be addressed to the 
Office of Acquisition Management, Federal Transit Administration, 1200 
New Jersey Avenue SE., Room E42-332, Washington, DC 20590. Email 
submissions must be sent to [email protected]. Facsimile 
submissions must be submitted to the attention of Nonprofit Pilot 
Program at 817-978-0575. If there is an insufficient number of eligible 
nonprofit entities that meet the requirements of the Pilot Program, FTA 
may solicit additional interest in the future.

FOR FURTHER INFORMATION CONTACT: For program matters, James Harper, FTA 
Office of Acquisition Management, telephone (202) 366-1127 or email 
[email protected]. For legal matters, Eldridge Onco, FTA Office of 
Chief Counsel, telephone (817) 978-0557 or email [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Pilot Program Description
III. Eligibility Information
IV. Expression of Interest Submission Process
V. Application Review
VI. Pilot Program Administration

I. Background

    Section 3019 of the Fixing America's Surface Transportation (FAST) 
Act, Public Law 114-94, permits FTA grantees to purchase rolling stock 
and related equipment from cooperative procurement contracts entered 
into by either a State government or an eligible nonprofit entity and 1 
or more vendors. Section 3019 was designed to address the high 
purchasing costs attributable to the relatively small size of the 
procurements for rolling stock and related equipment, particularly for 
small and rural public transportation providers. Many States currently 
have authority to enter into cooperative purchasing contracts, also 
known as ``state schedules.'' However, such authority was not 
previously extended to nonprofit entities.
    The statute creates a pilot program to demonstrate the 
effectiveness of cooperative procurement contracts administered by 
nonprofit entities. These contracts are intended to be separate from 
State cooperative purchasing contracts and provide another opportunity 
for public transportation systems of all sizes to enhance their 
purchasing options.

II. Pilot Program Description

    Section 3019(b)(3) establishes a Pilot Program to demonstrate the 
effectiveness of cooperative procurement contracts administered by 
eligible nonprofit entities. The objective of this innovative 
procurement approach is to enhance the purchasing options for all 
public transportation systems. FTA plans to assess the benefits and 
effectiveness of the Pilot Program to assist grantees in developing 
more efficient and innovative approaches to acquiring rolling stock and 
related equipment.
    A cooperative procurement contract in the Pilot Program means a 
contract between an eligible nonprofit entity and 1 or more vendors 
under which the vendors agree to provide an option to purchase rolling 
stock and related equipment to multiple grantee participants. Where 
permitted by State

[[Page 39948]]

law, a grantee may participate in a cooperative procurement contract 
under the Pilot Program without regard to whether the grantee is 
located in the same State as the lead nonprofit entity. Participation 
by FTA grantees in a nonprofit cooperative procurement under the Pilot 
Program is voluntary.
    Nonprofit entities selected for the Pilot Program may enter into a 
cooperative procurement contract for an initial term of not more than 2 
years. The contract may include not more than 3 optional extensions for 
terms of not more than 1 year each. Thus, the contract may be in effect 
for a total period of not more than 5 years, including each extension.
    A lead nonprofit entity selected for the Pilot Program shall 
develop the terms of the contract and the contract must be solicited 
and awarded in accordance with all applicable FTA and Federal 
standards, requirements, and policies. The applicable FTA and Federal 
procurement standards, requirements, and policies, including FTA's Buy 
America requirements, are set forth in 49 U.S.C. chapter 53, FTA's 
implementing regulations, FTA's Master Agreement, 2 CFR parts 200 and 
1201, and FTA Circular 4220.1F.

III. Eligibility Information

    Section 3019 specifies that FTA must select no fewer than 3 
eligible nonprofit entities for the Pilot Program. Per the FAST Act, an 
eligible nonprofit entity for the Pilot Program may be either a 
nonprofit cooperative purchasing organization that is not an FTA 
grantee or subgrantee, or a consortium of eligible nonprofit 
cooperative purchasing organizations. A local government or a tribal 
government is not an eligible nonprofit entity under the Pilot Program.
    Successful entities are expected to develop and issue a 
solicitation for a cooperative procurement contract within 60 days of 
their selection into the Pilot Program. The solicitation of a contract 
must be conducted through a competitive process that will comply with 
FTA's full and open competition standard and Federal and FTA 
procurement requirements and policies. To promote the fullest 
opportunity for grantees to participate in the Pilot Program, FTA 
anticipates that cooperative procurement contracts will be open and 
available to all FTA grantees. To address special circumstances, 
however, FTA may consider a cooperative procurement contract in the 
Pilot Program which may be limited only to recipients in one or more of 
FTA's grant programs.
    A lead nonprofit entity in the Pilot Program may charge 
participants in the contract for the cost of administering, planning, 
and providing technical assistance for the contract in an amount that 
is not more than 1 percent of the total value of the participant's 
order placed on the contract. The 1 percent charge may either be 
incorporated into the price of the rolling stock and related equipment 
offered under the cooperative procurement program or directly charge 
the grantee participants for the costs, but not both. If the nonprofit 
directly charges the grantee participants for the costs, it cannot 
charge any individual grantee more than 1 percent of the total value of 
the grantee's order.

IV. Expression of Interest Submission Process

    Interested nonprofit entities for the Pilot Program must submit the 
required information by U.S. mail, email or facsimile by October 23, 
2017, as specified in the DATES section of this notice, above. FTA 
reserves the right to request additional clarifying information from 
any and all applicants before making a selection to participate in the 
Pilot Program. Nonprofit entities wishing to participate in the Pilot 
Program must submit an expression of interest to FTA no longer than 10 
pages in length including any supporting documentation.
    Interested nonprofit entities must provide the following 
information to FTA in narrative format or as otherwise instructed:
    a. A description of the procurement experience held by the 
personnel in the applicant's organization, including sufficient 
information to demonstrate the ability to successfully carry out and 
administer a cooperative procurement contract or contracts;
    b. A description of the familiarity of the applicant's personnel 
with Federal and FTA procurement standards, requirements, and policies;
    c. A description to show how the applicant's program will be 
administered. This description should include, but not be limited to, 
the process by which vendors will be selected for the cooperative 
procurement contract, the process by which grantee participants will be 
registered in the program and the process for grantee participants to 
place orders on a cooperative procurement contract.
    d. The articles of incorporation of the applicant to demonstrate 
that the purpose of the nonprofit organization is consistent with the 
purpose of the Pilot Program;
    e. Evidence that the applicant possesses adequate financial 
capacity to successfully administer a cooperative procurement contract 
or contracts;
    f. Documentation that the applicant is a nonprofit entity in good 
standing in the State of incorporation; and,
    g. Certification that the applicant is not indebted to a Federal or 
State taxing authority.

V. Application Review

    FTA will evaluate the submissions to determine which applicants 
demonstrate they have the capability to effectively enter into and 
administer a cooperative procurement contract. FTA will select no fewer 
than three geographically diverse applicants from the submitted 
expressions of interest to be part of the Pilot Program, except that if 
there are less than three applicants able to meet the requirements of 
the Pilot Program, FTA may solicit additional interest in the future. 
FTA will evaluate the experience, legal, technical, and financial 
capacity of interested nonprofit entities to implement the Pilot 
Program successfully.

VI. Pilot Program Administration

1. Notice

    After an announcement by the FTA Administrator or designee of the 
final selection(s) posted on the FTA Web site, FTA may publish final 
selections for the Pilot Program in the Federal Register.
    All information submitted as part of or in support of the Pilot 
Program application shall be publicly available data or data that can 
be made public and methodologies that are accepted by industry practice 
and standards, to the extent possible. If the submission includes 
information the applicant considers to be a trade secret or 
confidential commercial or financial information, the applicant should 
do the following: (1) Note on the front cover that the submission 
``Contains Confidential Business Information (CBI);'' (2) mark each 
affected page ``CBI;'' and (3) highlight or otherwise denote the CBI 
portions. FTA protects such information from disclosure to the extent 
allowed under applicable law. If FTA receives a Freedom of Information 
Act (FOIA) request for the information, FTA will follow the procedures 
described in the U.S. DOT FOIA regulations at 49 CFR 7.17. Only 
information that is ultimately determined to be confidential under that 
procedure will be exempt from disclosure under FOIA. Should FTA receive 
an order from a court of competent jurisdiction ordering the

[[Page 39949]]

release of the information, FTA will provide the applicant timely 
notice of such order to allow the applicant the opportunity to 
challenge such an order. FTA will not challenge a court order on behalf 
of an applicant.

2. Pilot Program Administration and Reporting Requirements

    The Pilot Program is not funded with Federal funds; selected 
nonprofit entities may charge the grantee participants in the 
cooperative procurement contract for the cost of administering, 
planning, and providing technical assistance for the contract in an 
amount that is not more than 1 percent of the contract price. The 
selected nonprofit entity may incorporate the cost into the price of 
the contract or directly charge the grantee participants for the cost, 
but not both.
    To achieve a comprehensive understanding of the utility and 
effectiveness of the Pilot Program, FTA, or its designated independent 
evaluator, will require access to project data. Selected nonprofit 
entities should be prepared to collect and maintain data related to 
participating vendors, participating grantees, and the quantity and 
price of rolling stock and related equipment procured by grantees 
through the cooperative procurement.

3. Expiration of Pilot Program

    After selection of eligible nonprofit entities for the Pilot 
Program, the Pilot Program will expire six years from the publication 
of this notice in the Federal Register or when the contract with the 
longest term, including option periods, awarded by a nonprofit entity 
in the Pilot Program expires, whichever date is earlier.

Matthew J. Welbes,
Executive Director.
[FR Doc. 2017-17606 Filed 8-21-17; 8:45 am]
 BILLING CODE P



                                                                             Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices                                             39947

                                                track frog guard check and face gage                    described in the system of records                    James.Harper@dot.gov. For legal
                                                dimensions. In addition, AAR is                         notice (DOT/ALL–14 FDMS), which can                   matters, Eldridge Onco, FTA Office of
                                                requesting that FRA amend the waiver                    be reviewed at https://                               Chief Counsel, telephone (817) 978–
                                                to include relief from 49 CFR 213.355—                  www.transportation.gov/privacy. See                   0557 or email Eldridge.Onco@dot.gov.
                                                Frog guard rails and guard faces; gage                  also https://www.regulations.gov/                     SUPPLEMENTARY INFORMATION:
                                                to allow trains to operate at Class 6                   privacyNotice for the privacy notice of
                                                speeds over HPF designs with guard-                     regulations.gov.                                      Table of Contents
                                                check gages conforming to the standards                   Issued in Washington, DC, on August 17,             I. Background
                                                for Class 4 track frog guard check and                  2017.                                                 II. Pilot Program Description
                                                face gage dimensions.                                   John Karl Alexy,
                                                                                                                                                              III. Eligibility Information
                                                   A copy of the petition, as well as any                                                                     IV. Expression of Interest Submission Process
                                                                                                        Director, Office of Safety Analysis.                  V. Application Review
                                                written communications concerning the
                                                petition, is available for review online at             [FR Doc. 2017–17738 Filed 8–21–17; 8:45 am]           VI. Pilot Program Administration
                                                www.regulations.gov and in person at                    BILLING CODE 4910–06–P
                                                                                                                                                              I. Background
                                                the Department of Transportation’s
                                                Docket Operations Facility, 1200 New                                                                             Section 3019 of the Fixing America’s
                                                Jersey Ave. SE., W12–140, Washington,                   DEPARTMENT OF TRANSPORTATION                          Surface Transportation (FAST) Act,
                                                DC 20590. The Docket Operations                                                                               Public Law 114–94, permits FTA
                                                                                                        Federal Transit Administration                        grantees to purchase rolling stock and
                                                Facility is open from 9 a.m. to 5 p.m.,
                                                Monday through Friday, except Federal                                                                         related equipment from cooperative
                                                                                                        Pilot Program for Nonprofit                           procurement contracts entered into by
                                                Holidays.                                               Cooperative Procurements
                                                   Interested parties are invited to                                                                          either a State government or an eligible
                                                participate in these proceedings by                     AGENCY:    Federal Transit Administration,            nonprofit entity and 1 or more vendors.
                                                submitting written views, data, or                      DOT.                                                  Section 3019 was designed to address
                                                comments. FRA does not anticipate                       ACTION:  Notice; request for expressions              the high purchasing costs attributable to
                                                scheduling a public hearing in                          of interest to participate.                           the relatively small size of the
                                                connection with these proceedings since                                                                       procurements for rolling stock and
                                                the facts do not appear to warrant a                    SUMMARY:    The Federal Transit                       related equipment, particularly for small
                                                hearing. If any interested parties desire               Administration (FTA) announces the                    and rural public transportation
                                                an opportunity for oral comment, they                   establishment of the Pilot Program for                providers. Many States currently have
                                                should notify FRA, in writing, before                   Nonprofit Cooperative Procurements                    authority to enter into cooperative
                                                the end of the comment period and                       (Pilot Program) and solicits expressions              purchasing contracts, also known as
                                                specify the basis for their request.                    of interest from eligible nonprofit                   ‘‘state schedules.’’ However, such
                                                   All communications concerning these                  entities to participate. The Pilot Program            authority was not previously extended
                                                proceedings should identify the                         is aimed at increasing innovation,                    to nonprofit entities.
                                                appropriate docket number and may be                    promoting efficiency, and                                The statute creates a pilot program to
                                                submitted by any of the following                       demonstrating the effectiveness of                    demonstrate the effectiveness of
                                                methods:                                                cooperative procurement contracts for                 cooperative procurement contracts
                                                   • Web site: http://                                  rolling stock and related equipment                   administered by nonprofit entities.
                                                www.regulations.gov. Follow the online                  administered by eligible nonprofit                    These contracts are intended to be
                                                instructions for submitting comments.                   entities.                                             separate from State cooperative
                                                   • Fax: 202–493–2251.                                 DATES: Expressions of interest to become              purchasing contracts and provide
                                                   • Mail: Docket Operations Facility,                  one of the selected nonprofit entities in             another opportunity for public
                                                U.S. Department of Transportation, 1200                 the Pilot Program for Nonprofit                       transportation systems of all sizes to
                                                New Jersey Avenue SE., W12–140,                         Cooperative Procurements must be                      enhance their purchasing options.
                                                Washington, DC 20590.                                   received by October 23, 2017.                         II. Pilot Program Description
                                                   • Hand Delivery: 1200 New Jersey
                                                                                                        ADDRESSES: Expressions of interest may
                                                Avenue SE., Room W12–140,                                                                                        Section 3019(b)(3) establishes a Pilot
                                                                                                        be submitted via U.S. mail, electronic                Program to demonstrate the
                                                Washington, DC 20590, between 9 a.m.
                                                                                                        mail, or fax. Mail submissions must be                effectiveness of cooperative
                                                and 5 p.m., Monday through Friday,
                                                                                                        addressed to the Office of Acquisition                procurement contracts administered by
                                                except Federal Holidays.
                                                   Communications received by October                   Management, Federal Transit                           eligible nonprofit entities. The objective
                                                6, 2017 will be considered by FRA                       Administration, 1200 New Jersey                       of this innovative procurement
                                                before final action is taken. Comments                  Avenue SE., Room E42–332,                             approach is to enhance the purchasing
                                                received after that date will be                        Washington, DC 20590. Email                           options for all public transportation
                                                considered if practicable.                              submissions must be sent to                           systems. FTA plans to assess the
                                                   Anyone can search the electronic                     NonprofitPilotProgram@dot.gov.                        benefits and effectiveness of the Pilot
                                                form of any written communications                      Facsimile submissions must be                         Program to assist grantees in developing
                                                and comments received into any of our                   submitted to the attention of Nonprofit               more efficient and innovative
                                                dockets by the name of the individual                   Pilot Program at 817–978–0575. If there               approaches to acquiring rolling stock
                                                submitting the comment (or signing the                  is an insufficient number of eligible                 and related equipment.
                                                document, if submitted on behalf of an                  nonprofit entities that meet the                         A cooperative procurement contract
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                                                association, business, labor union, etc.).              requirements of the Pilot Program, FTA                in the Pilot Program means a contract
                                                Under 5 U.S.C. 553(c), DOT solicits                     may solicit additional interest in the                between an eligible nonprofit entity and
                                                comments from the public to better                      future.                                               1 or more vendors under which the
                                                inform its processes. DOT posts these                   FOR FURTHER INFORMATION CONTACT: For                  vendors agree to provide an option to
                                                comments, without edit, including any                   program matters, James Harper, FTA                    purchase rolling stock and related
                                                personal information the commenter                      Office of Acquisition Management,                     equipment to multiple grantee
                                                provides, to www.regulations.gov, as                    telephone (202) 366–1127 or email                     participants. Where permitted by State


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                                                39948                        Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices

                                                law, a grantee may participate in a                       A lead nonprofit entity in the Pilot                  e. Evidence that the applicant
                                                cooperative procurement contract under                  Program may charge participants in the                possesses adequate financial capacity to
                                                the Pilot Program without regard to                     contract for the cost of administering,               successfully administer a cooperative
                                                whether the grantee is located in the                   planning, and providing technical                     procurement contract or contracts;
                                                same State as the lead nonprofit entity.                assistance for the contract in an amount                f. Documentation that the applicant is
                                                Participation by FTA grantees in a                      that is not more than 1 percent of the                a nonprofit entity in good standing in
                                                nonprofit cooperative procurement                       total value of the participant’s order                the State of incorporation; and,
                                                under the Pilot Program is voluntary.                   placed on the contract. The 1 percent                   g. Certification that the applicant is
                                                  Nonprofit entities selected for the                   charge may either be incorporated into                not indebted to a Federal or State taxing
                                                Pilot Program may enter into a                          the price of the rolling stock and related            authority.
                                                cooperative procurement contract for an                 equipment offered under the
                                                                                                        cooperative procurement program or                    V. Application Review
                                                initial term of not more than 2 years.
                                                The contract may include not more than                  directly charge the grantee participants                 FTA will evaluate the submissions to
                                                3 optional extensions for terms of not                  for the costs, but not both. If the                   determine which applicants
                                                more than 1 year each. Thus, the                        nonprofit directly charges the grantee                demonstrate they have the capability to
                                                contract may be in effect for a total                   participants for the costs, it cannot                 effectively enter into and administer a
                                                period of not more than 5 years,                        charge any individual grantee more than               cooperative procurement contract. FTA
                                                including each extension.                               1 percent of the total value of the                   will select no fewer than three
                                                  A lead nonprofit entity selected for                  grantee’s order.                                      geographically diverse applicants from
                                                the Pilot Program shall develop the                                                                           the submitted expressions of interest to
                                                                                                        IV. Expression of Interest Submission
                                                terms of the contract and the contract                  Process                                               be part of the Pilot Program, except that
                                                must be solicited and awarded in                                                                              if there are less than three applicants
                                                                                                          Interested nonprofit entities for the               able to meet the requirements of the
                                                accordance with all applicable FTA and                  Pilot Program must submit the required
                                                Federal standards, requirements, and                                                                          Pilot Program, FTA may solicit
                                                                                                        information by U.S. mail, email or                    additional interest in the future. FTA
                                                policies. The applicable FTA and                        facsimile by October 23, 2017, as
                                                Federal procurement standards,                                                                                will evaluate the experience, legal,
                                                                                                        specified in the DATES section of this                technical, and financial capacity of
                                                requirements, and policies, including                   notice, above. FTA reserves the right to
                                                FTA’s Buy America requirements, are                                                                           interested nonprofit entities to
                                                                                                        request additional clarifying                         implement the Pilot Program
                                                set forth in 49 U.S.C. chapter 53, FTA’s                information from any and all applicants
                                                implementing regulations, FTA’s Master                                                                        successfully.
                                                                                                        before making a selection to participate
                                                Agreement, 2 CFR parts 200 and 1201,                    in the Pilot Program. Nonprofit entities              VI. Pilot Program Administration
                                                and FTA Circular 4220.1F.                               wishing to participate in the Pilot                   1. Notice
                                                III. Eligibility Information                            Program must submit an expression of
                                                                                                        interest to FTA no longer than 10 pages                  After an announcement by the FTA
                                                   Section 3019 specifies that FTA must                                                                       Administrator or designee of the final
                                                                                                        in length including any supporting
                                                select no fewer than 3 eligible nonprofit                                                                     selection(s) posted on the FTA Web site,
                                                                                                        documentation.
                                                entities for the Pilot Program. Per the                   Interested nonprofit entities must                  FTA may publish final selections for the
                                                FAST Act, an eligible nonprofit entity                  provide the following information to                  Pilot Program in the Federal Register.
                                                for the Pilot Program may be either a                   FTA in narrative format or as otherwise                  All information submitted as part of
                                                nonprofit cooperative purchasing                        instructed:                                           or in support of the Pilot Program
                                                organization that is not an FTA grantee                   a. A description of the procurement                 application shall be publicly available
                                                or subgrantee, or a consortium of                       experience held by the personnel in the               data or data that can be made public and
                                                eligible nonprofit cooperative                          applicant’s organization, including                   methodologies that are accepted by
                                                purchasing organizations. A local                       sufficient information to demonstrate                 industry practice and standards, to the
                                                government or a tribal government is                    the ability to successfully carry out and             extent possible. If the submission
                                                not an eligible nonprofit entity under                  administer a cooperative procurement                  includes information the applicant
                                                the Pilot Program.                                      contract or contracts;                                considers to be a trade secret or
                                                   Successful entities are expected to                    b. A description of the familiarity of              confidential commercial or financial
                                                develop and issue a solicitation for a                  the applicant’s personnel with Federal                information, the applicant should do the
                                                cooperative procurement contract                        and FTA procurement standards,                        following: (1) Note on the front cover
                                                within 60 days of their selection into the              requirements, and policies;                           that the submission ‘‘Contains
                                                Pilot Program. The solicitation of a                      c. A description to show how the                    Confidential Business Information
                                                contract must be conducted through a                    applicant’s program will be                           (CBI);’’ (2) mark each affected page
                                                competitive process that will comply                    administered. This description should                 ‘‘CBI;’’ and (3) highlight or otherwise
                                                with FTA’s full and open competition                    include, but not be limited to, the                   denote the CBI portions. FTA protects
                                                standard and Federal and FTA                            process by which vendors will be                      such information from disclosure to the
                                                procurement requirements and policies.                  selected for the cooperative                          extent allowed under applicable law. If
                                                To promote the fullest opportunity for                  procurement contract, the process by                  FTA receives a Freedom of Information
                                                grantees to participate in the Pilot                    which grantee participants will be                    Act (FOIA) request for the information,
                                                Program, FTA anticipates that                           registered in the program and the                     FTA will follow the procedures
                                                cooperative procurement contracts will                                                                        described in the U.S. DOT FOIA
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        process for grantee participants to place
                                                be open and available to all FTA                        orders on a cooperative procurement                   regulations at 49 CFR 7.17. Only
                                                grantees. To address special                            contract.                                             information that is ultimately
                                                circumstances, however, FTA may                           d. The articles of incorporation of the             determined to be confidential under that
                                                consider a cooperative procurement                      applicant to demonstrate that the                     procedure will be exempt from
                                                contract in the Pilot Program which may                 purpose of the nonprofit organization is              disclosure under FOIA. Should FTA
                                                be limited only to recipients in one or                 consistent with the purpose of the Pilot              receive an order from a court of
                                                more of FTA’s grant programs.                           Program;                                              competent jurisdiction ordering the


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                                                                             Federal Register / Vol. 82, No. 161 / Tuesday, August 22, 2017 / Notices                                                 39949

                                                release of the information, FTA will                    and to activate the limitation on any                 existing Portal Bridge experiences frequent
                                                provide the applicant timely notice of                  claims that may challenge this final                  mechanical and operational failures which
                                                such order to allow the applicant the                   environmental action.                                 pose reliability concerns, capacity
                                                opportunity to challenge such an order.                                                                       constraints, operational inflexibility, and
                                                                                                        DATES: By this notice, FTA is advising
                                                                                                                                                              commuter delays along the Northeast
                                                FTA will not challenge a court order on                 the public of final agency actions                    Corridor. Additionally, the bridge’s low
                                                behalf of an applicant.                                 subject to Section 139(l) of Title 23,                vertical clearance conflicts with maritime
                                                2. Pilot Program Administration and                     United States Code (U.S.C.). A claim                  uses. By replacing the movable two-track
                                                Reporting Requirements                                  seeking judicial review of FTA actions                bridge with two fixed two-track bridges at
                                                                                                        announced herein for the listed public                higher elevations, this project will increase
                                                   The Pilot Program is not funded with                 transportation projects will be barred                reliability and operational flexibility,
                                                Federal funds; selected nonprofit                       unless the claim is filed on or before                eliminate capacity constraints, reduce
                                                entities may charge the grantee                         January 19, 2018.                                     commuter delays, and support additional
                                                participants in the cooperative                                                                               maritime uses along the Northeast Corridor.
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      In 2008, the Federal Railroad Administration
                                                procurement contract for the cost of                    Nancy-Ellen Zusman, Assistant Chief                   (FRA) completed an Environmental Impact
                                                administering, planning, and providing                  Counsel, Office of Chief Counsel, (312)               Statement (EIS) for this project; FTA was a
                                                technical assistance for the contract in                353–2577 or Alan Tabachnick,                          cooperating agency. FRA subsequently issued
                                                an amount that is not more than 1                       Environmental Protection Specialist,                  a Record of Decision (ROD) and completed
                                                percent of the contract price. The                      Office of Environmental Programs, (202)               three re-evaluations in 2010, 2011, and 2016.
                                                selected nonprofit entity may                           366–8541. FTA is located at 1200 New                  FTA has reviewed the environmental record,
                                                incorporate the cost into the price of the              Jersey Avenue SE., Washington, DC                     and in accordance with 40 CFR 1506.3 and
                                                contract or directly charge the grantee                 20590. Office hours are from 9:00 a.m.                23 U.S.C. 139, FTA is issuing a ROD which
                                                participants for the cost, but not both.                                                                      adopts FRA’s EIS. Final agency actions:
                                                                                                        to 5:00 p.m., Monday through Friday,                  Section 4(f) determination (included in the
                                                   To achieve a comprehensive                           except Federal holidays.
                                                understanding of the utility and                                                                              EIS, dated December 23, 2008), an
                                                                                                        SUPPLEMENTARY INFORMATION: Notice is                  amendment to the Section 106 Memorandum
                                                effectiveness of the Pilot Program, FTA,                hereby given that FTA has taken final                 of Agreement dated July 25, 2017 which adds
                                                or its designated independent evaluator,                agency action by issuing a certain                    FTA as a signatory, project-level air quality
                                                will require access to project data.                    approval for the public transportation                conformity, and a ROD dated July 25, 2017.
                                                Selected nonprofit entities should be                   project listed below. The action on the               Supporting documentation: EIS with ROD
                                                prepared to collect and maintain data                   project, as well as the laws under which              dated December 23, 2008, Re-evaluation
                                                related to participating vendors,                                                                             dated May 2010; Re-evaluation dated January
                                                                                                        such action was taken, is described in                2011; and Re-evaluation dated August 2016.
                                                participating grantees, and the quantity                the documentation issued in connection
                                                and price of rolling stock and related                  with the project to comply with the                   Lucy Garliauskas,
                                                equipment procured by grantees                          National Environmental Policy Act                     Associate Administrator Planning and
                                                through the cooperative procurement.                    (NEPA) and in other documents in the                  Environment.
                                                3. Expiration of Pilot Program                          FTA administrative record for the                     [FR Doc. 2017–17723 Filed 8–21–17; 8:45 am]

                                                   After selection of eligible nonprofit                project. Interested parties may contact               BILLING CODE 4910–57–P

                                                entities for the Pilot Program, the Pilot               either the project sponsor or the FTA
                                                Program will expire six years from the                  Regional Office for more information.
                                                publication of this notice in the Federal               Contact information for FTA’s Regional                UNITED STATES SENTENCING
                                                Register or when the contract with the                  Offices may be found at https://                      COMMISSION
                                                longest term, including option periods,                 www.fta.dot.gov.
                                                                                                           This notice applies to all FTA                     Final Priorities for Amendment Cycle
                                                awarded by a nonprofit entity in the
                                                                                                        decisions on the listed project as of the
                                                Pilot Program expires, whichever date is                                                                      AGENCY: United States Sentencing
                                                                                                        issuance date of this notice and all laws
                                                earlier.                                                                                                      Commission.
                                                                                                        under which such action was taken,
                                                Matthew J. Welbes,                                      including, but not limited to, NEPA [42               ACTION: Notice of final priorities.
                                                Executive Director.                                     U.S.C. 4321–4375], Section 4(f) of the
                                                                                                        Department of Transportation Act of                   SUMMARY:    In June 2017, the Commission
                                                [FR Doc. 2017–17606 Filed 8–21–17; 8:45 am]
                                                                                                        1966 [49 U.S.C. 303], Section 106 of the              published a notice of proposed policy
                                                BILLING CODE P
                                                                                                        National Historic Preservation Act [16                priorities for the amendment cycle
                                                                                                        U.S.C. 470f], and the Clean Air Act [42               ending May 1, 2018. See 82 FR 28381
                                                                                                        U.S.C. 7401–7671q]. This notice does                  (June 21, 2017). After reviewing public
                                                DEPARTMENT OF TRANSPORTATION
                                                                                                        not, however, alter or extend the                     comment received pursuant to the
                                                Federal Transit Administration                          limitation period for challenges of                   notice of proposed priorities, the
                                                                                                        project decisions subject to previous                 Commission has identified its policy
                                                Limitation on Claims Against Proposed                   notices published in the Federal                      priorities for the upcoming amendment
                                                Public Transportation Projects                          Register. The project and action that are             cycle and hereby gives notice of these
                                                                                                        the subject of this notice follows:                   policy priorities.
                                                AGENCY: Federal Transit Administration
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                (FTA), DOT.                                               Project name and location: Portal Bridge
                                                                                                        Capacity Enhancement Project, Hudson                  Christine Leonard, Director, Office of
                                                ACTION: Notice.
                                                                                                                                                              Legislative and Public Affairs, (202)
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        County, New Jersey. Project Sponsor: New
                                                SUMMARY:   This notice announces a final                Jersey Transit Corporation. Project                   502–4500, pubaffairs@ussc.gov.
                                                environmental action taken by the                       description: This project consists of the             SUPPLEMENTARY INFORMATION: The
                                                Federal Transit Administration (FTA)                    demolition of the 100-year old moveable               United States Sentencing Commission is
                                                                                                        swing-span two-track Portal Bridge between
                                                for a project in Hudson County, New                     the Town of Kearny and the Town of                    an independent agency in the judicial
                                                Jersey. The purpose of this notice is to                Secaucus, and its replacement with two new            branch of the United States
                                                announce publicly the environmental                     bridges: a northern fixed two-track bridge            Government. The Commission
                                                decision by FTA on the subject project                  and a southern fixed two-track bridge. The            promulgates sentencing guidelines and


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Document Created: 2018-10-24 11:55:03
Document Modified: 2018-10-24 11:55:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for expressions of interest to participate.
DatesExpressions of interest to become one of the selected nonprofit entities in the Pilot Program for Nonprofit Cooperative Procurements must be received by October 23, 2017.
ContactFor program matters, James Harper, FTA Office of Acquisition Management, telephone (202) 366-1127 or email [email protected] For legal matters, Eldridge Onco, FTA Office of Chief Counsel, telephone (817) 978-0557 or email [email protected]
FR Citation82 FR 39947 

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