67424 Federal Register / Vol. 88, No. 188 / Friday, September 29, 2023 / Notices 

concerning the applicant’s 

qualifications for service, including the 

applicant’s character, reputation, 

reliability, judgment, and familiarity 

with international trade law. 

G. Current Roster Members and Prior 

Applicants 

Current members of the chapter 10 

roster who remain interested in 

inclusion on the chapter 10 roster only 

need to indicate that they are reapplying 

and submit updates (if any) to their 

applications on file. Current members 

do not need to resubmit their 

applications. Individuals who 

previously have applied but have not 

been selected must submit new 

applications to reapply. If an applicant, 

including a current or former roster 

member, has previously submitted 

materials referred to in item 9, such 

materials need not be resubmitted. 

H. Public Disclosure 

Applications are covered by a Privacy 

Act System of Records Notice and are 

not subject to public disclosure and will 

not be posted publicly on regs.gov. They 

may be referred to other federal agencies 

and Congressional committees in the 

course of determining eligibility for the 

roster, and shared with foreign 

governments and the USMCA 

Secretariat in the course of panel 

selection. 

I. False Statements 

False statements by applicants 

regarding their personal or professional 

qualifications, or financial or other 

relevant interests that bear on the 

applicants’ suitability for placement on 

the chapter 10 roster or for appointment 

to binational panels, are subject to 

criminal sanctions under 18 U.S.C. 

1001. 

Juan Millan, 

Deputy General Counsel for Monitoring and 

Enforcement, Office of the United States 

Trade Representative. 

[FR Doc. 2023–21531 Filed 9–28–23; 8:45 am] 

BILLING CODE 3290–F3–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Revised Form FHWA–1273 

AGENCY: Federal Highway 

Administration (FHWA), Department of 

Transportation (DOT). 

ACTION: Notice. 

SUMMARY: This notice announces the 

availability of revised Form FHWA– 

1273 ‘‘Required Contract Provisions 

Federal-Aid Construction Contracts’’ 

(FHWA–1273). This form includes 

certain contract provisions that are 

required on all Federal-aid construction 

contracts. This form also includes 

proposal notices that Federal-aid 

recipients must incorporate or reference 

in all solicitation-for-bids or request-forproposals documents for Federal-aid 

construction projects. The changes to 

the form are those necessary to conform 

to the U.S. Department of Labor’s (DOL) 

August 23, 2023, final rule amending 

the Davis-Bacon Act (DBA) and the 

Davis-Bacon Related Acts (DBRA) 

implementing regulations and are 

aligned with the effective date of those 

regulations. 

DATES: The revised Form FHWA–1273 

is effective October 23, 2023. 

FOR FURTHER INFORMATION CONTACT: Mr. 

James DeSanto, Office of 

Preconstruction, Construction and 

Pavements, (614) 357–8515, 

james.desanto@dot.gov or Mr. Silvio J. 

Morales, Office of Chief Counsel, (443) 

835–8344, silvio.morales@dot.gov, 

Federal Highway Administration, 1200 

New Jersey Avenue SE, Washington, DC 

20590. Office hours are from 8:00 a.m. 

to 4:30 p.m., EST, Monday through 

Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: On March 

18, 2022, the DOL published a notice of 

proposed rulemaking (NPRM), 87 FR 

15698, proposing to update and 

modernize the regulations at 29 CFR 

parts 1, 3, and 5, which implement the 

DBA and the DBRA. The DBA requires 

the payment of locally prevailing wages 

and fringe benefits on Federal contracts 

for construction. The DBA prevailing 

wage requirements were subsequently 

incorporated into Title 23 of the United 

States Code (U.S.C.) and are thus 

applicable to Federal-aid highway 

construction contracts. 23 U.S.C. 113. In 

compliance with the latter FHWA 

requires that all Federal-aid highway 

construction contracts physically 

incorporate the DBA prevailing wage 

requirements via FHWA–1273. See 23 

CFR 633.102. 

After considering public comments on 

the NPRM, the DOL on August 23, 2023, 

published a final rule notice in the 

Federal Register at 88 FR 57526, 

adopting, with some modifications, the 

NPRM’s proposed changes to the DBA 

prevailing wage regulations at 29 CFR 

parts 1, 3, and 5. The modifications to 

the required contract provisions 

contained in 29 CFR 5.5 are applicable 

to the DBA prevailing wage 

requirements within FHWA–1273. 

Pursuant to 23 CFR 633.104(a), FHWA 

has updated Form FHWA–1273 to be 

consistent with the new regulatory 

requirements. As such, and in 

accordance with 23 CFR part 633, 

subpart A, the revised Form FHWA– 

1273, which can be found at https://

www.fhwa.dot.gov/programadmin/ 

contracts/1273/1273.pdf, must be used 

by recipients and contractors, including 

subcontractors at all tiers, as applicable 

under the regulations. As specified in 

DOL’s final rule, the new regulations are 

applicable to all contracts awarded on 

or after October 23, 2023. Accordingly, 

States and other contracting agencies 

must use the revised Form FHWA–1273 

in all prime construction contracts for 

Federal-aid construction projects 

awarded on or after October 23, 2023, as 

well as all subcontracts, including 

lower-tier subcontracts, that are 

awarded under such prime contracts. 

Authority: 23 U.S.C. 113; 23 CFR 

633.104; 29 CFR 5.5. 

Shailen P. Bhatt, 

Administrator, Federal Highway 

Administration. 

[FR Doc. 2023–21306 Filed 9–28–23; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[FHWA Docket No. FHWA–2023–0005] 

Surface Transportation Project 

Delivery Program; Arizona Department 

of Transportation Draft FHWA Audit 

Report 

AGENCY: Federal Highway 

Administration (FHWA), U.S. 

Department of Transportation (DOT). 

ACTION: Notice; request for comment. 

SUMMARY: The Moving Ahead for 

Progress in the 21st Century Act 

established the Surface Transportation 

Project Delivery Program (referred to as 

National Environmental Policy Act 

(NEPA) Assignment Program), allows a 

State to assume FHWA’s environmental 

responsibilities for environmental 

review, consultation, and compliance 

under NEPA. When a State assumes 

these Federal responsibilities, the State 

becomes solely responsible and liable 

for carrying out the responsibilities it 

has assumed, in lieu of FHWA. This 

program mandates annual audits during 

each of the first 4 years of State 

participation to ensure compliance with 

program requirements. This is the third 

audit of the Arizona Department of 

Transportation’s (ADOT) performance of 

its responsibilities under the NEPA 

Assignment Program. This notice 

announces and solicits comments on the 

third audit report for ADOT. 


lotter on DSK11XQN23PROD with NOTICES1