[Federal Register Volume 82, Number 26 (Thursday, February 9, 2017)]
[Notices]
[Pages 10178-10179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02612]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[Docket No. FTA-2015-0020; Docket No. FTA-2015-0030]


Award Management Requirements--Final Circular; Buy America 
Handbook--Conducting Pre-Award and Post Delivery Audits for Rolling 
Stock Procurements; Delay of Effective Dates for Guidance Documents

AGENCY: Federal Transit Administration (FTA), DOT.

ACTION: Notice; delay of effective dates.

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SUMMARY: In accordance with the White House memorandum issued on 
January 20, 2017 regarding a ``Regulatory Freeze Pending Review,'' this 
notice delays the effective dates of the Award Management Requirements 
Circular and the Buy America Handbook until March 21, 2017.

DATES: The effective date of each guidance document is delayed, with a 
new effective date of March 21, 2017.

FOR FURTHER INFORMATION CONTACT: Chaya Koffman, Assistant Chief 
Counsel, Legislation and Regulations, (202) 366-3101, 
[email protected].

SUPPLEMENTARY INFORMATION: On January 20, 2017, the White House issued 
a memorandum regarding a ``Regulatory Freeze Pending Review.'' (https://www.whitehouse.gov/the-press-office/2017/01/20/memorandum-heads-executive-departments-and-agencies). The memorandum directs the heads 
of Executive Departments and Agencies to postpone for 60 days from the 
date of the memorandum, the effective dates of all regulations that 
have been published in the Federal Register but have not yet taken 
effect.
    In addition to regulations, the White House memorandum applies to 
any agency statement of general

[[Page 10179]]

applicability and future effect ``that sets forth a policy on a 
statutory, regulatory, or technical issue or an interpretation of a 
statutory or regulatory issue.'' Given that FTA circulars and other 
guidance documents generally set forth policy and provide guidance to 
grantees regarding how to comply with statutes and regulations, FTA has 
determined that the memorandum applies to FTA guidance documents 
published but not yet in effect as of January 20, 2017.
    The delay of effective date(s) applies to the following guidance 
documents: Award Management Requirements--Final Circular (82 FR 4455, 
Jan. 13, 2017). The original effective date was February 13, 2017 and 
the new effective date is March 21, 2017; and Buy America Handbook--
Conducting Pre-Award and Post-Delivery Audits of Rolling Stock 
Procurements (82 FR 4959, Jan. 17, 2017). The original effective date 
was February 16, 2017 and the new effective date is March 21, 2017. 
These guidance documents initially were published as proposed guidance 
and the public was provided notice and an opportunity to comment on the 
proposed documents. The final documents reflect consideration of 
comments received.
    FTA's implementation of the White House memorandum without 
opportunity for public comment is based in the good cause exceptions in 
5 U.S.C. 553(b)(3)(B) and 553(d)(3), in that seeking public comment is 
impracticable, unnecessary, and contrary to public interest. Given the 
imminence of the effective date, seeking public comment on this 
temporary delay is impractical, as well as contrary to the public 
interest in the orderly promulgation and implementation of guidance 
documents. The imminence of the effective date also is good cause for 
making this action effective immediately upon publication. The 
temporary delay in effective dates until March 21, 2017, is necessary 
to give administration officials the opportunity for further review and 
consideration of these guidance documents.

Matthew J. Welbes,
Executive Director.
[FR Doc. 2017-02612 Filed 2-8-17; 8:45 am]
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