Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Notices 8081 

their partners to assignments in the U.S. 

Embassies, Consulates or Mission 

abroad. The authority is the Foreign 

Service Act of 1980, as amended, and 22 

U.S.C. 2669(c). 

Methodology 

Candidates for employment use the 

DS–0174 to apply for Missionadvertised positions around the world. 

Mission recruitments generate 

approximately 1 million applications 

per year, the majority of which are 

collected electronically using an 

applicant management system, 

Electronic Recruitment Application 

(ERA). Data that HR and hiring officials 

extract from the DS–0174 determine 

employment eligibility and 

qualifications for the position, and 

selections according to Federal Policies. 

Kevin E. Bryant, 

Deputy Director, Office of Directives 

Management, Department of State. 

[FR Doc. 2022–02941 Filed 2–10–22; 8:45 am] 

BILLING CODE 4710–05–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Performance Review Board 

Membership 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice. 

SUMMARY: This notice announces the 

Office of the United States Trade 

Representative (USTR) staff members 

selected to serve on the Senior 

Executive Service (SES) and Senior 

Level (SL) Performance Review Board 

(PRB). This notice supersedes all 

previous PRB membership notices. 

DATES: The staff members in this notice 

will begin serving as PRB members on 

February 11, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Cassie Ender, Human Capital Specialist, 

Office of Human Capital and Services, at 

(202) 395–7360 or Cassie.L.Galla@

ustr.eop.gov. 

SUPPLEMENTARY INFORMATION: USTR is 

required (see 5 U.S.C. 4314(c)) to 

establish a PRB to review and make 

recommendations to the U.S. Trade 

Representative for final approval of the 

performance rating, performance-based 

pay adjustment, and performance award 

for each incumbent SES and SL. The 

following staff members have been 

selected to serve on USTR’s PRB: 

Chair: Bill Jackson, Assistant U.S. Trade 

Representative for Textile Affairs 

Member: Dawn Shackleford, Assistant 

U.S. Trade Representative for 

Southeast Asia and the Pacific 

Member: Dan Mullaney, Assistant U.S. 

Trade Representative for Europe 

and the Middle East 

Member: Julie Callahan, Assistant U.S. 

Trade Representative for 

Agricultural Affairs 

Member: Juan Millan, Assistant U.S. 

Trade Representative for 

Monitoring and Investment 

Fred Ames, 

Assistant U.S. Trade Representative for 

Administration, Office of the United States 

Trade Representative. 

[FR Doc. 2022–02999 Filed 2–10–22; 8:45 am] 

BILLING CODE 3390–F2–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

Enhancing Highway Workforce 

Development Opportunities 

Contracting Initiative 

AGENCY: Federal Highway 

Administration (FHWA), U.S. 

Department of Transportation (DOT). 

ACTION: Notice. 

SUMMARY: The recently enacted 

Bipartisan Infrastructure Law (BIL), 

enacted as the Infrastructure Investment 

and Jobs Act, authorizes a recipient or 

subrecipient of a grant provided by the 

DOT Secretary under Title 23 or 49, 

United States Code, to implement a 

local or other geographical or economic 

hiring preference relating to the use of 

labor for construction of a project 

funded by the grant subject to any 

applicable State and local laws, policies, 

and procedures. Based on this statutory 

authorization, FHWA is announcing a 

transition from its initiative announced 

in May 2021, which permitted, on an 

experimental basis, recipients and 

subrecipients of Federal funds for 

Federal-aid highway projects to utilize 

geographic, economic, or other hiring 

preferences or innovative contracting 

approaches not otherwise authorized by 

law. The May 2021 initiative was 

carried out as a pilot program under 

FHWA’s existing experimental 

contracting authority and the legal 

authority in the Section 199B of the 

Consolidated Appropriations Act, 2021, 

authorizing such hiring preferences ‘‘not 

otherwise authorized by law.’’ Now that 

BIL creates the legal authority for local 

or other geographical or economic 

hiring preferences, an experimental 

pilot program for such hiring 

preferences is no longer needed. In 

Addition, the use of such preferences 

going forward are subject to Section 

25019 of the BIL, not Section 199B of 

the Consolidated Appropriations Act, 

2021. 

DATES: This action is applicable 

immediately. 

FOR FURTHER INFORMATION CONTACT: For 

technical information: Mr. James 

DeSanto, Office of Preconstruction, 

Construction and Pavements, (614) 357– 

8515, James.DeSanto@dot.gov, or Mr. 

Patrick Smith, Office of Chief Counsel, 

(202) 366–1345, Patrick.C.Smith@

dot.gov, Federal Highway 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

An electronic copy of this document 

may be downloaded from the Office of 

the Federal Register’s website at 

www.FederalRegister.gov and the 

Government Publishing Office’s website 

at www.GovInfo.gov. 

Bipartisan Infrastructure Law 

The BIL, enacted as the Infrastructure 

Investment and Jobs Act, Public Law 

117–58 (Nov. 15, 2021), authorizes a 

recipient or subrecipient of a grant 

provided by the DOT Secretary under 

Title 23 or 49, United States Code 

(U.S.C.), to implement a local or other 

geographical or economic hiring 

preference relating to the use of labor for 

construction of a project funded by the 

grant, including prehire agreements, 

subject to any applicable State and local 

laws, policies, and procedures. BIL, 

§ 25019(a)(1). The BIL also provides that 

the use of a local or other geographical 

or economic hiring preference 

authorized by Section 25019(a)(1) in any 

bid for a contract for the construction of 

a project funded by a grant described in 

Section 25019(a)(1) shall not be 

considered to unduly limit competition. 

BIL, § 25019(a)(2). 

Enhancing Highway Workforce 

Development Opportunities Contracting 

Initiative 

On May 21, 2021, at 86 FR 27667, 

FHWA announced an initiative to 

permit and evaluate geographic, 

economic, or other hiring preferences or 

innovative contracting approaches not 

otherwise authorized by law that have 

the potential to enhance workforce 

development opportunities in the 

transportation construction industry, 

including for low-income communities. 

As discussed in the Federal Register 

notice for that initiative, FHWA 

historically disallowed such 

requirements out of concern for their 

potential impact on competition. 


lotter on DSK11XQN23PROD with NOTICES1
8082 Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Notices 

Generally, Federal law requires Federalaid highway and roadway projects 

(apart from a few exceptions) to be 

awarded on the basis of competitive 

bidding. 

The initiative announced in May 2021 

was authorized under Section 199B of 

the Consolidated Appropriations Act, 

2021, Public Law 116–260, Dec. 27, 

2020, 134 Stat 1182, which allowed 

DOT-assisted contracts under Titles 49 

and 23 of the U.S.C. to use geographic, 

economic, or any other hiring 

preference not otherwise authorized by 

law, with certain limitations including 

required certifications. The initiative 

was also based on FHWA’s Special 

Experimental Project No. 14 (SEP–14) 

authority for special experimental 

projects set forth at 23 U.S.C. 502(b)(2) 

to allow FHWA to continue to gather 

data and evaluate experimental 

contracting practices. 

Under the May 2021 initiative FHWA 

required State and local recipients and 

subrecipients to request prior approval 

from FHWA to use a specific contracting 

requirement under SEP–14 by 

submitting work plans to the 

appropriate FHWA Division Office. 

Transition From Pilot Program 

Based on the statutory authority for 

local or other geographical or economic 

hiring preferences in Section 25019(a) of 

the BIL, FHWA is transitioning from its 

initiative announced in May 2021. Since 

Section 25019 authorizes the use of 

certain hiring preferences, the use of 

such preferences going forward are 

subject to Section 25019 of the BIL, not 

Section 199B of the Consolidated 

Appropriations Act, 2021. Also, while 

local hiring preferences have 

traditionally been disallowed in 

accordance with 23 CFR 635.117(b) and 

636.107, given the statutory authority 

for local or other geographical or 

economic hiring preferences under the 

BIL, an experimental pilot program is no 

longer needed for labor hiring 

preferences that fall within the 

legislatively authorized parameters. 

Innovative contracting approaches or 

requirements, including those related to 

workforce development, falling outside 

of the parameters authorized by Section 

25019(a) of the BIL may still be 

considered by FHWA under its 

experimental SEP–14 authority on a 

case-by-case basis. 

Upon publication of this notice, and 

based on Section 25019(a) of the BIL, 

FHWA approval is no longer needed for 

authorized labor hiring preferences. As 

discussed in the Federal Register notice 

announcing the May 2021 initiative, 

DOT generally exercises discretion 

under 23 U.S.C. 112 to evaluate whether 

a State or local law or policy is 

compatible with the competitive 

bidding requirement under the statute. 

The DOT has historically disallowed 

certain hiring preferences out of concern 

for their potential impact on 

competition. Based on the clear 

direction in Section 25019(a)(2) of the 

BIL that the use of a local or other 

geographical or economic hiring 

preference authorized by Section 

25019(a)(1) shall not be considered to 

unduly limit competition, DOT will not 

engage in or have a role in evaluating 

the effects on competition, if any, of 

labor hiring preferences expressly 

authorized under the BIL. Although 

DOT evaluation is no longer required, 

State and local recipients and 

subrecipients remain responsible for 

ensuring that the establishment and 

implementation of a hiring preference is 

otherwise consistent with applicable 

Federal, State, and local laws as 

provided in Section 25019(a)(1). 

State and local recipients and 

subrecipients may continue to 

administer any contracts authorized 

under the May 2021 initiative for the 

duration of these contracts per the 

requirements of their approved 

workplans. The FHWA may continue to 

use SEP–14 to authorize and evaluate 

contracting methods that are outside the 

scope of Section 25019(a) of the BIL. 

Authority: Section 25019 of Pub. L. 

117–58; 23 U.S.C. 502(b); Section 199B 

of the Consolidated Appropriation Act, 

2021. 

Stephanie Pollack, 

Deputy Administrator, Federal Highway 

Administration. 

[FR Doc. 2022–02974 Filed 2–10–22; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2022–0002–N–3] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration (FRA), U.S. Department 

of Transportation (DOT). 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: Under the Paperwork 

Reduction Act of 1995 (PRA) and its 

implementing regulations, FRA seeks 

approval of the Information Collection 

Request (ICR) abstracted below. Before 

submitting this ICR to the Office of 

Management and Budget (OMB) for 

approval, FRA is soliciting public 

comment on specific aspects of the 

activities identified in the ICR. 

DATES: Interested persons are invited to 

submit comments on or before April 12, 

2022. 

ADDRESSES: Written comments and 

recommendations for the proposed ICR 

should be submitted on regulations.gov 

to the docket, Docket No. FRA–2022– 

0002. All comments received will be 

posted without change to the docket, 

including any personal information 

provided. Please refer to the assigned 

OMB control number in any 

correspondence submitted. FRA will 

summarize comments received in 

response to this notice in a subsequent 

notice and include them in its 

information collection submission to 

OMB for approval. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Hodan Wells, Information Collection 

Clearance Officer, at email: 

hodan.wells@dot.gov or telephone: (202) 

493–0440. 

SUPPLEMENTARY INFORMATION: The PRA, 

44 U.S.C. 3501–3520, and its 

implementing regulations, 5 CFR part 

1320, require Federal agencies to 

provide 60-days’ notice to the public to 

allow comment on information 

collection activities before seeking OMB 

approval of the activities. See 44 U.S.C. 

3506, 3507; 5 CFR 1320.8 through 

1320.12. Specifically, FRA invites 

interested parties to comment on the 

following ICR regarding: (1) Whether the 

information collection activities are 

necessary for FRA to properly execute 

its functions, including whether the 

activities will have practical utility; (2) 

the accuracy of FRA’s estimates of the 

burden of the information collection 

activities, including the validity of the 

methodology and assumptions used to 

determine the estimates; (3) ways for 

FRA to enhance the quality, utility, and 

clarity of the information being 

collected; and (4) ways for FRA to 

minimize the burden of information 

collection activities on the public, 

including the use of automated 

collection techniques or other forms of 

information technology. See 44 U.S.C. 

3506(c)(2)(A); 5 CFR 1320.8(d)(1). 

FRA believes that soliciting public 

comment may reduce the administrative 

and paperwork burdens associated with 

the collection of information that 

Federal regulations mandate. In 

summary, FRA reasons that comments 

received will advance three objectives: 

(1) Reduce reporting burdens; (2) 

organize information collection 

requirements in a ‘‘user-friendly’’ format 

to improve the use of such information; 

and (3) accurately assess the resources 


lotter on DSK11XQN23PROD with NOTICES1