82 FR 5645 - Contracting Initiative

DEPARTMENT OF TRANSPORTATION
Office of the Secretary

Federal Register Volume 82, Issue 11 (January 18, 2017)

Page Range		5645-5646
FR Document		2017-00984

The DOT is extending the contracting initiative pilot program for a period of 5 years.

Federal Register, Volume 82 Issue 11 (Wednesday, January 18, 2017)

[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Notices]
[Pages 5645-5646]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00984]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Contracting Initiative

AGENCY: Office of the Secretary (OST), Department of Transportation 
(DOT).

ACTION: Notice.

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SUMMARY: The DOT is extending the contracting initiative pilot program 
for a period of 5 years.

DATES: This pilot program became effective on March 6, 2015.

FOR FURTHER INFORMATION CONTACT: For technical information: Mr. Michael 
Harkins, Deputy Assistant General Counsel for General Law, Office, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE., Washington, 
DC 20590, 202-366-0590 (telephone), [email protected] (email).

SUPPLEMENTARY INFORMATION: 

Electronic Access

    An electronic copy of this document may also be downloaded from the 
Office of the Federal Register's home page at http://www.archives.gov/federal_register and the Government Printing Office's Web page at 
http://www.gpoaccess.gov.

Background

    On March 6, 2015, DOT published a notice in the Federal Register 
(80 FR 12257) establishing a contracting initiative pilot program under 
which, Federal Highway Administration (FHWA) and Federal Transit 
Administration (FTA) recipients and subrecipients could utilize various 
contracting requirements that generally have been disallowed due to 
concerns about adverse impacts on competition. The purpose of the pilot 
program is to determine whether the use of such requirements ``unduly 
limit competition,'' as provided in an August 23, 2013, opinion from 
the Department of Justice's Office of Legal Counsel (OLC). DOT 
established the pilot program for a period of 1 year unless extended. 
On March 17, 2016, DOT extended this pilot program for a period of 1 
additional year, until March 6, 2017 (81 FR14524). To date, DOT has 
received only limited data from the program. As a result, DOT has 
decided to extend the pilot program until March

[[Page 5646]]

6, 2022, so that it can gather additional data from more projects to 
better assess the effect of local hire preferences on competition. The 
extension of this pilot program will provide FHWA and FTA recipients 
and subrecipients flexibility to continue operating under the pilot 
program while DOT conducts its evaluation as well as provide DOT with 
additional projects to consider in evaluating the impacts on 
competition.
    Please note that Section 415 of the Consolidated Appropriations 
Act, 2016, Public Law 114-113 (FY 2016 Appropriations Act), extended by 
Public Law 114-223 and Public Law 114-254, continues the restriction on 
the Federal Transit Administration (FTA) from using FY 2016 funds to 
implement, administer or enforce 49 CFR 18.36(c)(2) for construction 
hiring. Accordingly, FTA recipients and subrecipients do not need to 
submit applications for participation in the pilot program for 
contracts awarded or advertised on or before September 30, 2016.
    Additionally, we note that Section 192 of the FY 2016 
Appropriations Act (also extended by Public Law 114-223 and Public Law 
114-254) expressly authorizes DOT assisted contracts under titles 49 
and 23 of the United States Code utilizing geographic, economic, or 
other hiring preferences not otherwise authorized by law if the grant 
recipient certifies the following:
    (1) That except with respect to apprentices or trainees, a pool of 
readily available but unemployed individuals possessing the knowledge, 
skill, and ability to perform the work that the contract requires 
resides in the jurisdiction;
    (2) That the grant recipient will include appropriate provisions in 
its bid document ensuring that the contractor does not displace any of 
its existing employees in order to satisfy such hiring preference; and
    (3) That any increase in the cost of labor, training, or delays 
resulting from the use of such hiring preference does not delay or 
displace any transportation project in the applicable Statewide 
Transportation Improvement Program or Transportation Improvement 
Program.
    Accordingly, recipients and subrecipients should follow the 
application process described in the March 6, 2015, Federal Register 
notice (80 FR 12257), except that recipients and subrecipients must 
also include the required certifications from Section 192 of the FY 
2016 Appropriations Act as discussed above.

    Issued in Washington, DC, on December 28, 2016.
Anthony R. Foxx,
Secretary of Transportation.
[FR Doc. 2017-00984 Filed 1-17-17; 8:45 am]
 BILLING CODE 4910-9X-P

Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices 5645

in front of each replaceable light source with In summation, GM believes that the Authority: 49 U.S.C. 30118, 30120:
which it is equipped that states either: The described noncompliance of the subject delegations of authority at 49 CFR 1.95 and
HB Type, if the light source conforms to S11 vehicles is inconsequential to motor 501.8.
of this standard for filament light
sources, . . . . vehicle safety, and that its petition, to Jeffrey M. Giuseppe,
exempt GM from providing recall Director, Office of Vehicle Safety Compliance.
V. Summary of GM’s Analyses notification of noncompliance as [FR Doc. 2017–01004 Filed 1–17–17; 8:45 am]
GM stated its belief that the subject required by 49 U.S.C. 30118 and BILLING CODE 4910–59–P

noncompliance is inconsequential to remedying the recall noncompliance as
motor vehicle safety for the following required by 49 U.S.C. 30120 should be
reasons: granted. DEPARTMENT OF TRANSPORTATION
(A) The high-beam headlamp lenses NHTSA’s Decision Office of the Secretary
in question are clearly marked ‘‘9005’’
(the ANSI designation), which GM NHTSA’s Analysis: We agree with GM Contracting Initiative
believes to be a well-known alternative that the ANSI ‘‘9005’’ designation is a
designation recognized throughout the well-known alternative designation for AGENCY: Office of the Secretary (OST),
automotive industry and used by the HB3 light source and that Department of Transportation (DOT).
lighting manufacturers interchangeably replacement light source packaging is ACTION: Notice.
with HB3, the lamp’s HB type. GM also commonly marked with both the HB
verified that the vehicle owner’s SUMMARY: The DOT is extending the
type and ANSI designation. As such, we contracting initiative pilot program for a
manuals identify the high beam believe that consumers can properly
replacement bulb as 9005. period of 5 years.
identify and purchase the correct DATES: This pilot program became
(B) That the mismarked high-beam
replacement upper beam light source for effective on March 6, 2015.
headlamps are the correct headlamps for
the affected vehicles. Further, the FOR FURTHER INFORMATION CONTACT: For
the subject vehicles and that they
conform to all other requirements unique bulb holder design incorporated technical information: Mr. Michael
including photometric as required by into the headlamps would prevent Harkins, Deputy Assistant General
FMVSS No. 108. consumers from installing a light source Counsel for General Law, Office, U.S.
(C) The risk of customer confusion other than an HB3/9005 so there would Department of Transportation, 1200
when selecting a correct replacement be no effect on headlamp performance. New Jersey Avenue SE., Washington,
bulb is remote. Both the HB3 type and NHTSA’s Decision: In consideration DC 20590, 202–366–0590 (telephone),
the 9005 ANSI designation are marked of the foregoing, NHTSA finds that GM Michael.Harkins@dot.gov (email).
on the vehicles’ headlamp bulb sockets, has met its burden of persuasion that SUPPLEMENTARY INFORMATION:
and packaging for replacement bulbs is the subject FMVSS No. 108
commonly marked with both the HB Electronic Access
noncompliance is inconsequential to
type and the ANSI designation. GM motor vehicle safety. Accordingly, GM’s An electronic copy of this document
searched a number of national petition is hereby granted and GM is may also be downloaded from the Office
automotive parts stores (Autozone, of the Federal Register’s home page at
consequently exempted from the
O’Reilly, Advanced Auto Parts, and Pep http://www.archives.gov/federal_register
obligation of providing notification of,
Boys), and found that all HB3 and the Government Printing Office’s
and a free remedy for, that Web page at http://www.gpoaccess.gov.
replacement bulbs in these stores were
marked with the 9005 ANSI noncompliance under 49 U.S.C. 30118
and 30120. Background
designation. Should a consumer attempt
to install an incorrect bulb into the NHTSA notes that the statutory On March 6, 2015, DOT published a
headlamp sockets, the bulb could not be provisions (49 U.S.C. 30118(d) and notice in the Federal Register (80 FR
successfully installed because of the 30120(h)) that permit manufacturers to 12257) establishing a contracting
unique nature of the socket hardware. file petitions for a determination of initiative pilot program under which,
(D) GM also cited several previous inconsequentiality allow NHTSA to Federal Highway Administration
petitions that NHTSA has granted exempt manufacturers only from the (FHWA) and Federal Transit
dealing with noncompliances that GM duties found in sections 30118 and Administration (FTA) recipients and
believes are similar to the 30120, respectively, to notify owners, subrecipients could utilize various
noncompliance that is the subject of its contracting requirements that generally
purchasers, and dealers of a defect or
petition. Based on these decisions, GM have been disallowed due to concerns
noncompliance and to remedy the
believes that there is also precedent to about adverse impacts on competition.
defect or noncompliance. Therefore, this The purpose of the pilot program is to
support granting its petition. decision only applies to the subject
GM is not aware of any VOQ or field determine whether the use of such
data in which a consumer has vehicles that GM no longer controlled at requirements ‘‘unduly limit
complained of not being able to identify the time it determined that the competition,’’ as provided in an August
the proper replacement headlamp bulb noncompliance existed. However, the 23, 2013, opinion from the Department
for the affected vehicles, which GM granting of this petition does not relieve of Justice’s Office of Legal Counsel
believes to be evidence that this vehicle distributors and dealers of the (OLC). DOT established the pilot
noncompliance is not impacting prohibitions on the sale, offer for sale, program for a period of 1 year unless
mstockstill on DSK3G9T082PROD with NOTICES

consumers. or introduction or delivery for extended. On March 17, 2016, DOT
GM has additionally informed introduction into interstate commerce of extended this pilot program for a period
NHTSA that it has corrected the the noncompliant vehicles under their of 1 additional year, until March 6, 2017
noncompliance by adding the HB3 control after GM notified them that the (81 FR14524). To date, DOT has
designation bulb type to the high-beam subject noncompliance existed. received only limited data from the
headlamp lens in all vehicles produced program. As a result, DOT has decided
on or after February 21, 2015. to extend the pilot program until March

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5646 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices

6, 2022, so that it can gather additional Issued in Washington, DC, on December 2. STATE PLANNING COMMISSION,
data from more projects to better assess 28, 2016. Korea, North [DPRK3].
the effect of local hire preferences on Anthony R. Foxx, In addition, on January 11, 2017,
competition. The extension of this pilot Secretary of Transportation. OFAC blocked the property and
program will provide FHWA and FTA [FR Doc. 2017–00984 Filed 1–17–17; 8:45 am] interests in property of the following
recipients and subrecipients flexibility BILLING CODE 4910–9X–P
seven individuals pursuant to E.O.
to continue operating under the pilot 13687, ‘‘Imposing Additional Sanctions
program while DOT conducts its With Respect to North Korea’’:
evaluation as well as provide DOT with DEPARTMENT OF THE TREASURY Individuals
additional projects to consider in 1. KIM, Won Hong (a.k.a. KIM, Wo’n-
evaluating the impacts on competition. Office of Foreign Assets Control hong), Korea, North; DOB 17 Jul 1945;
Please note that Section 415 of the Gender Male; Minister of State Security
Sanctions Actions Pursuant to
Consolidated Appropriations Act, 2016, (individual) [DPRK2].
Executive Orders (E.O.s) 13722 and 2. KIM, Yo Jong (a.k.a. KIM, Yo’-
Public Law 114–113 (FY 2016
13687. cho’ng), Korea, North; DOB 26 Sep
Appropriations Act), extended by Public
Law 114–223 and Public Law 114–254, AGENCY: Office of Foreign Assets 1989; Gender Female; Vice Director of
continues the restriction on the Federal Control, Treasury. the Workers’ Party of Korea Propaganda
Transit Administration (FTA) from and Agitation Department (individual)
ACTION: Notice.
using FY 2016 funds to implement, [DPRK2].
administer or enforce 49 CFR 18.36(c)(2) SUMMARY: The Treasury Department’s 3. KIM, Il-Nam (a.k.a. KIM, Il Nam),
for construction hiring. Accordingly, Office of Foreign Assets Control (OFAC) Korea, North; DOB 09 Apr 1958; Gender
FTA recipients and subrecipients do not is publishing the names of two entities Male; Chief, South Hamgyong Province,
identified as blocked pursuant to E.O. Ministry of State Security (individual)
need to submit applications for
13722, ‘‘Blocking Property of the [DPRK2].
participation in the pilot program for 4. CHOE, Hwi, Korea, North; DOB 01
contracts awarded or advertised on or Government of North Korea and the
Workers’ Party of Korea, and Prohibiting Jan 1954 to 31 Dec 1955; Gender Male;
before September 30, 2016. First Vice Director of the Workers’ Party
Certain Transactions With Respect to
Additionally, we note that Section of Korea Propaganda and Agitation
North Korea,’’ and of seven individuals
192 of the FY 2016 Appropriations Act whose property and interests in Department (individual) [DPRK2].
(also extended by Public Law 114–223 5. JO, Yong-Won (a.k.a. CHO,
property are blocked pursuant to E.O.
and Public Law 114–254) expressly Yongwon), Korea, North; DOB 24 Oct
13687, ‘‘Imposing Additional Sanctions
authorizes DOT assisted contracts under 1957; Gender Male; Vice Director of the
With Respect to North Korea.’’
titles 49 and 23 of the United States Organization and Guidance Department
DATES: OFAC’s actions described in this (individual) [DPRK2].
Code utilizing geographic, economic, or
notice were effective on January 11, 6. MIN, Byong Chol (a.k.a. MIN,
other hiring preferences not otherwise
2017. Byong Chun; a.k.a. MIN, Byong-chol;
authorized by law if the grant recipient
certifies the following: FOR FURTHER INFORMATION CONTACT: The a.k.a. MIN, Pyo’ng-ch’o’l), Korea, North;
Department of the Treasury’s OFAC: DOB 10 Aug 1948; Gender Male;
(1) That except with respect to Member of the Worker’s Party of Korea’s
Assistant Director for Licensing, tel.:
apprentices or trainees, a pool of readily Organization and Guidance Department
202–622–2480, Assistant Director for
available but unemployed individuals (individual) [DPRK2].
Regulatory Affairs, tel.: 202–622–4855,
possessing the knowledge, skill, and 7. KANG, P’il-Hun (a.k.a. KANG, Phil
Assistant Director for Sanctions
ability to perform the work that the Hun; a.k.a. KANG, Pil Hoon), Korea,
Compliance & Evaluation, tel.: 202–622–
contract requires resides in the North; DOB 11 Jun 1943; Gender Male;
2490; or the Department of the
jurisdiction; Treasury’s Office of the Chief Counsel Director of the General Political Bureau
(2) That the grant recipient will (Foreign Assets Control), Office of the of the Ministry of People’s Security
include appropriate provisions in its bid General Counsel, tel.: 202–622–2410. (individual) [DPRK2].
document ensuring that the contractor SUPPLEMENTARY INFORMATION: Dated: January 11, 2017.
does not displace any of its existing John E. Smith,
employees in order to satisfy such Electronic and Facsimile Availability
Acting Director, Office of Foreign Assets
hiring preference; and The Specially Designated Nationals Control.
(3) That any increase in the cost of and Blocked Persons List and additional [FR Doc. 2017–00920 Filed 1–17–17; 8:45 am]
labor, training, or delays resulting from information concerning OFAC sanctions BILLING CODE 4810–AL–P
the use of such hiring preference does programs are available on OFAC’s Web
not delay or displace any transportation site (www.treasury.gov/ofac).
project in the applicable Statewide DEPARTMENT OF THE TREASURY
Notice of OFAC Actions
Transportation Improvement Program or
On January 11, 2017, OFAC identified Office of Foreign Assets Control
Transportation Improvement Program.
the following two entities as blocked
Accordingly, recipients and pursuant to E.O. 13722, ‘‘Blocking Unblocking of Specially Designated
subrecipients should follow the National and Blocked Person Pursuant
mstockstill on DSK3G9T082PROD with NOTICES

Property of the Government of North
application process described in the Korea and the Workers’ Party of Korea, to Executive Order 13469
March 6, 2015, Federal Register notice and Prohibiting Certain Transactions AGENCY: Office of Foreign Assets
(80 FR 12257), except that recipients With Respect to North Korea’’: Control, Treasury.
and subrecipients must also include the ACTION: Notice.
required certifications from Section 192 Entities
of the FY 2016 Appropriations Act as 1. MINISTRY OF LABOR, Korea, SUMMARY: The U.S. Department of the
discussed above. North [DPRK3]. Treasury’s Office of Foreign Assets

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Document Created: 2018-02-01 15:19:52
Document Modified: 2018-02-01 15:19:52

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.
Dates		This pilot program became effective on March 6, 2015.
Contact		For technical information: Mr. Michael Harkins, Deputy Assistant General Counsel for General Law, Office, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, 202-366-0590 (telephone), [email protected] (email).
FR Citation		82 FR 5645

82 FR 5645 - Contracting Initiative

DEPARTMENT OF TRANSPORTATIONOffice of the Secretary

Federal Register Volume 82, Issue 11 (January 18, 2017)

DEPARTMENT OF TRANSPORTATION
Office of the Secretary