[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Notices]
[Pages 85673-85674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28586]


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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.

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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.gpo.gov/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]
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