Buy America 30-Day Federal Register Notice

Buy America 30DayFRN.pdf

Pre-Award, Post-Delivery Audit Requirements Under Buy America

Buy America 30-Day Federal Register Notice

OMB: 2132-0544

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Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / Notices

overall were receptive to the proposed
changes.
Nine comments—including eight from
transit agencies—were written in direct
support of the proposed changes to the
Circular. Sixteen comments addressed
concerns or asked questions about real
property; specifically regarding
disposition, incidental use, and federal
requirements on FTA-funded real
property. Three comments sought
clarification of the term ‘‘period of
performance’’ under which FTA
requirements attach. Eleven comments
offered suggestions for clarifying
language in the Circular generally. One
of these comments suggested that in
Section III.3.a of the Circular, FTA
should consolidate the ‘‘enhances
economic development’’ and
‘‘incorporates private investment’’ subelements into one element.

apply separate federal requirements to
joint development projects using real
property are outside the scope of this
update. Terminology in this Circular has
been updated only as it relates to
substantive changes in policy related to
the ‘‘fair share of revenue’’ requirement
and the submission and review process
for FTA-assisted joint development
projects, as well as the technical and
conforming changes discussed in
Section (II.C) above.
FTA disagrees that the ‘‘enhances
economic development’’ and
‘‘incorporates private investment’’ subelements should be consolidated in
Section III.3.a of the Circular.
Consolidating these two items would
conflate the text of 49 U.S.C.
5302(3)(G)(i), which requires either
economic enhancement or private
investment—not both.

FTA Response
FTA has included insights from
several comments, and answered many
of the questions received, in the final
updates to the Circular. However,
several comments addressed subjects
outside the scope of the proposed
changes. These comments were
reviewed and will be useful in the
development of FTA programs and
guidance in the future.
Regarding real property, any joint
development project that includes FTA
funding or FTA-assisted property is an
FTA-assisted joint development project
and must comply with the requirements
and procedures set forth in Circular
7050.1B. FTA-assisted property
includes land previously acquired with
FTA funds.
While joint development can be
considered a form of transit-oriented
development, it is usually much smaller
in scope and always uses FTA-assisted
project property or a direct investment
of FTA grant funds. FTA assistance may
not be used in the construction of
transit-oriented development that is not
eligible FTA-assisted joint development.
However, FTA assistance may be used
to plan transit-oriented development
that is not eligible FTA-assisted joint
development, in conjunction with
transit projects.
Under the definition of program
income, ‘‘period of performance’’ refers
to the duration of time designated
within the initial grant. In response to
a comment requesting clarification
regarding FTA’s use of the terms
‘‘program income’’ and ‘‘period of
performance’’ when describing proceeds
generated from joint development
projects, FTA has revised ‘‘program
income’’ to ‘‘revenue’’ in several places
throughout the Circular. Suggestions to

K. Jane Williams,
Deputy Administrator.

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[FR Doc. 2020–17777 Filed 8–13–20; 8:45 am]
BILLING CODE 4910–57–P

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA 2020–0007]

Agency Information Collection Activity
Under OMB Review
Federal Transit Administration,
Transportation (DOT).
ACTION: Notice of request for comments.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that the Information
Collection Requirements (ICRs)
abstracted below have been forwarded
to the Office of Management and Budget
(OMB) for review and comment. The
ICR describe the nature of the
information collection and their
expected burdens.
DATES: Comments must be submitted on
or before September 14, 2020.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
Comments are Invited On: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Department,
including whether the information will
have practical utility; the accuracy of
SUMMARY:

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the Department’s estimate of the burden
of the proposed information collection;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
A comment to OMB is best assured of
having its full effect if OMB receives it
within 30 days of publication of this
notice in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Tia
Swain, Office of Administration,
Management Planning Division, 1200
New Jersey Avenue, SE, Mail Stop
TAD–10, Washington, DC 20590 (202)
366–0354 or [email protected].
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13, Section 2,
109 Stat. 163 (1995) (codified as revised
at 44 U.S.C. 3501–3520), and its
implementing regulations, 5 CFR part
1320, require Federal agencies to issue
two notices seeking public comment on
information collection activities before
OMB may approve paperwork packages.
44 U.S.C. 3506, 3507; 5 CFR 1320.5,
1320.8(d)(1), 1320.12. On October 18,
2019, FTA published a 60-day notice
(84 FR 56012) in the Federal Register
soliciting comments on the ICR that the
agency was seeking OMB approval. FTA
received no comments after issuing this
60-day notice. Accordingly, DOT
announces that these information
collection activities have been reevaluated and certified under 5 CFR
1320.5(a) and forwarded to OMB for
review and approval pursuant to 5 CFR
1320.12(c).
Before OMB decides whether to
approve these proposed collections of
information, it must provide 30 days for
public comment. 44 U.S.C. 3507(b); 5
CFR 1320.12(d). Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30-day notice is
published. 44 U.S.C. 3507(b)–(c); 5 CFR
1320.12(d); see also 60 FR 44978, 44983,
Aug. 29, 1995. OMB believes that the
30-day notice informs the regulated
community to file relevant comments
and affords the agency adequate time to
digest public comments before it
renders a decision. 60 FR 44983, Aug.
29, 1995. Therefore, respondents should
submit their respective comments to
OMB within 30 days of publication to
best ensure having their full effect. 5
CFR 1320.12(c); see also 60 FR 44983,
Aug. 29, 1995.
The summaries below describe the
nature of the information collection
requirements (ICRs) and the expected

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Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / Notices

khammond on DSKJM1Z7X2PROD with NOTICES

burden. The requirements are being
submitted for clearance by OMB as
required by the PRA.
Title: Pre-Award, Post-Delivery Audit
Requirements Under Buy America.
OMB Control Number: 2132–0544.
Type of Request: Renewal of a
previously approved information
collection.
Abstract: Federal Transit Laws, 49
U.S.C. 5323(j) and (m), require that
recipients of Federal Transit
Administration (FTA) funding comply
with certain requirements, including
Buy America, certify compliance of
these requirements at the pre-award and
post-delivery stages of the procurement
process when using FTA funds and
maintain on file certifications.
Bidders or offerors must submit
certificates to assure compliance with
Buy America, the purchaser’s contract
specifications (for rolling stock only),
and Federal motor vehicle safety
requirements (for rolling stock only).
The information collected on the
certification forms is necessary for FTA
recipients to meet the requirements of
49 U.S.C. Section 5323(j) and (m). In
addition, FTA recipients are required to
certify, as part of their annual
Certifications and Assurances, that they
will comply with pre-award and postdelivery audit requirements for rolling
stock under 49 CFR part 661.
Respondents: FTA recipients,
including State and local government,
and businesses or other for-profit
organizations.
Estimated Annual Burden on
Respondents: (1) Approximately 2.16
hours for each of the estimated 700
procurements by FTA recipients and
businesses or other for-profit
organizations to certify compliance (or
1,512 hours), (2) approximately .16
hours for each of the estimated 700
procurements for recordkeeping by FTA
recipients (or 112 hours), and (3) 1.66
hours for each of the estimated 700
procurements for review by FTA
recipients (or 1,162 hours)
Estimated Total Annual Burden:
2,786 hours.
Frequency: Annual.
Nadine Pembleton,
Director Office of Management Planning.
[FR Doc. 2020–17778 Filed 8–13–20; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA 2020–0008]

Agency Information Collection Activity
Under OMB Review
AGENCY:

Federal Transit Administration,

DOT.
ACTION:

Notice of request for comments.

In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that the Information
Collection Requirements (ICRs)
abstracted below have been forwarded
to the Office of Management and Budget
(OMB) for review and comment. The
ICR describe the nature of the
information collection and their
expected burdens.
DATES: Comments must be submitted on
or before September 14, 2020.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
Comments are Invited On: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Department,
including whether the information will
have practical utility; the accuracy of
the Department’s estimate of the burden
of the proposed information collection;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
A comment to OMB is best assured of
having its full effect if OMB receives it
within 30 days of publication of this
notice in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Tia
Swain, Office of Administration,
Management Planning Division, 1200
New Jersey Avenue SE, Mail Stop TAD–
10, Washington, DC 20590 (202) 366–
0354 or [email protected].
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13, Section 2,
109 Stat. 163 (1995) (codified as revised
at 44 U.S.C. 3501–3520), and its
implementing regulations, 5 CFR part
1320, require Federal agencies to issue
two notices seeking public comment on
information collection activities before
SUMMARY:

PO 00000

Frm 00104

Fmt 4703

Sfmt 4703

49719

OMB may approve paperwork packages.
44 U.S.C. 3506, 3507; 5 CFR 1320.5,
1320.8(d)(1), 1320.12. On October 18,
2019, FTA published a 60-day notice
(84 FR 56012) in the Federal Register
soliciting comments on the ICR that the
agency was seeking OMB approval. FTA
received no comments after issuing this
60-day notice. Accordingly, DOT
announces that these information
collection activities have been reevaluated and certified under 5 CFR
1320.5(a) and forwarded to OMB for
review and approval pursuant to 5 CFR
1320.12(c).
Before OMB decides whether to
approve these proposed collections of
information, it must provide 30 days for
public comment. 44 U.S.C. 3507(b); 5
CFR 1320.12(d). Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30-day notice is
published. 44 U.S.C. 3507(b)–(c); 5 CFR
1320.12(d); see also 60 FR 44978, 44983,
Aug. 29, 1995. OMB believes that the
30-day notice informs the regulated
community to file relevant comments
and affords the agency adequate time to
digest public comments before it
renders a decision. 60 FR 44983, Aug.
29, 1995. Therefore, respondents should
submit their respective comments to
OMB within 30 days of publication to
best ensure having their full effect. 5
CFR 1320.12(c); see also 60 FR 44983,
Aug. 29, 1995.
The summaries below describe the
nature of the information collection
requirements (ICRs) and the expected
burden. The requirements are being
submitted for clearance by OMB as
required by the PRA.
Title: Title VI as it Applies to FTA
Grant Programs.
OMB Control Number: 2132–0540.
Type of Request: Renewal of a
previously approved information
collection.
Abstract: Title VI of the Civil Rights
Act of 1964 (42 U.S.C. 2000d) states:
No person in the United States shall, on
the grounds of race, color, or national origin,
be excluded from participation in, be denied
the benefits of, or be subjected to
discrimination under any program or activity
receiving Federal financial assistance.

To achieve this purpose, each Federal
department and agency which provides
financial assistance for any program or
activity is authorized and directed by
the Department of Justice (DOJ) to
effectuate provisions of Title VI for each
program or activity by issuing generally
applicable regulations or requirements.
The Department of Transportation
(DOT) has issued its regulations
implementing this DOJ mandate.

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