[Federal Register Volume 75, Number 120 (Wednesday, June 23, 2010)]
[Notices]
[Pages 35874-35875]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15108]


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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[FTA Docket No. FTA-2010-0025]


Notice of Request for Reinstatement of Information Collection

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
notice announces the intention of the Federal Transit Administration 
(FTA) to request the Office of Management and Budget (OMB) to reinstate 
the following new information collections:
    (1) Nondiscrimination as it Applies to FTA Grant Programs.
    (2) Title VI as it Applies to FTA Grant Programs.
    The collections involve FTA's Nondiscrimination and Title VI 
Programs. The information to be collected for the Nondiscrimination 
Program is necessary to ensure that any employee or applicant for 
employment is not discriminated against on the basis of race, color, 
creed, sex, national origin, age or disability. The information to be 
collected for the Title VI Program is necessary to ensure that service 
and benefits are provided nondiscriminatorily without regard to race, 
color, or national origin.

DATES: Comments must be submitted before August 23, 2010.

ADDRESSES: To ensure that your comments are not entered more than once 
into the docket, submit comments identified by the docket number by 
only one of the following methods:
    1. Web site: www.regulations.gov. Follow the instructions for 
submitting comments on the U.S. Government electronic docket site. 
(Note: The U.S. Department of Transportation's (DOT's) electronic 
docket is no longer accepting electronic comments.) All electronic 
submissions must be made to the U.S. Government electronic docket site 
at www.regulations.gov. Commenters should follow the directions below 
for mailed and hand-delivered comments.
    2. Fax: 202-493-2251.
    3. Mail: U.S. Department of Transportation, 1200 New Jersey Avenue, 
SE., Docket Operations, M-30, West Building, Ground Floor, Room W12-
140, Washington, DC 20590-0001.
    4. Hand Delivery: U.S. Department of Transportation, 1200 New 
Jersey Avenue, SE., Docket Operations, M-30, West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001 between 9 a.m. and 5 
p.m., Monday through Friday, except federal holidays.
    Instructions: You must include the agency name and docket number 
for this notice at the beginning of your comments. Submit two copies of 
your comments if you submit them by mail. For confirmation that FTA has 
received your comments, include a self-addressed stamped postcard. Note 
that all comments received, including any personal information, will be 
posted and will be available to Internet users, without change, to 
www.regulations.gov. You may review DOT's complete

[[Page 35875]]

Privacy Act Statement in the Federal Register published April 11, 2000, 
(65 FR 19477), or you may visit www.regulations.gov. Docket: For access 
to the docket to read background documents and comments received, go to 
www.regulations.gov at any time. Background documents and comments 
received may also be viewed at the U.S. Department of Transportation, 
1200 New Jersey Avenue, SE., Docket Operations, M-30, West Building, 
Ground Floor, Room W12-140, Washington, DC 20590-0001 between 9 a.m. 
and 5 p.m., Monday through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT:
    --Ms. Anita Heard, FTA Office of Civil Rights, (202) 493-0318, or 
e-mail: Anita.Heard@dot.gov (Nondiscrimination).
    --Ms. Amber Ontiveros, FTA Office of Civil Rights, (202) 366-5130, 
or e-mail: Amber.Ontiveros@dot.gov (Title VI).

SUPPLEMENTARY INFORMATION:
    Interested parties are invited to send comments regarding any 
aspect of this information collection, including: (1) The necessity and 
utility of the information collection for the proper performance of the 
functions of the FTA; (2) the accuracy of the estimated burden; (3) 
ways to enhance the quality, utility, and clarity of the collected 
information; and (4) ways to minimize the collection burden without 
reducing the quality of the collected information. Comments submitted 
in response to this notice will be summarized and/or included in the 
request for OMB approval of this information collection.
    Title: Nondiscrimination as it Applies to FTA Grant Programs .
    Background: All entities receiving federal financial assistance 
from FTA are prohibited from discriminating against any employee or 
applicant for employment because of race, color, creed, sex, national 
origin, age, or disability. To ensure that FTA's equal employment 
opportunity (EEO) procedures are followed, FTA requires grant 
recipients to submit written EEO plans to FTA for approval. FTA's 
assessment of this requirement shows that formulating, submitting, and 
implementing EEO programs should minimally increase costs for FTA 
applicants and recipients.
    To determine a grantee's compliance with applicable laws and 
requirements, grantee submissions are evaluated and analyzed based on 
the following criteria. First, an EEO program must include an EEO 
policy statement issued by the chief executive officer covering all 
employment practices, including recruitment, selection, promotions, 
terminations, transfers, layoffs, compensation, training, benefits, and 
other terms and conditions of employment. Second, the policy must be 
placed conspicuously so that employees, applicants, and the general 
public are aware of the agency's EEO commitment.
    The data derived from written EEO and affirmative action plans will 
be used by the Office of Civil Rights in monitoring grantees' 
compliance with applicable EEO laws and regulations. This monitoring 
and enforcement activity will ensure that minorities and women have 
equitable access to employment opportunities and that recipients of 
federal funds do not discriminate against any employee or applicant 
because of race, color, creed, sex, national origin, age, or 
disability.
    Respondents: FTA grant recipients.
    Estimated Annual Burden on Respondents: 25 hours for each of the 97 
EEO submissions.
    Estimated Total Annual Burden: 2,416 hours.
    Frequency: On occasion, every 3 years, annually.
    Title: Title VI as it Applies to FTA Grant Programs.
    Background: Section 601 of Title VI of the Civil Rights Act of 1964 
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.'' This information 
collection is required by the Department of Justice (DOJ) Title VI 
Regulation, 28 CFR Part 42, Subpart F (Section 42.406), and DOT Order 
1000.12. FTA policies and requirements are designed to clarify and 
strengthen these regulations. This requirement is applicable to all 
applicants, recipients, and subrecipients receiving federal financial 
assistance. Experience has demonstrated that a program requirement at 
the application stage is necessary to assure that benefits and services 
are equitably distributed by grant recipients. The requirements 
prescribed by the Office of Civil Rights accomplish that objective 
while diminishing possible vestiges of discrimination among FTA grant 
recipients. FTA's assessment of this requirement indicated that the 
formulation and implementation of the Title VI program should occur 
with a decrease in costs to such applicants and recipients. All FTA 
grant applicants, recipients, and subrecipients are required to submit 
applicable Title VI information to the FTA Office of Civil Rights for 
review and approval. If FTA did not conduct pre-award reviews, 
solutions would not be generated in advance and program improvements 
could not be integrated into projects. FTA's experience with pre-award 
reviews for all projects and grants suggests this method contributes to 
maximum efficiency and cost effectiveness of FTA dollars and has kept 
post-award complaints to a minimum. Moreover, the objective of the 
Title VI statute can be more easily attained and beneficiaries of FTA 
funded programs have a greater likelihood of receiving transit services 
and related benefits on a nondiscriminatory basis.
    Respondents: FTA grant recipients.
    Estimated Annual Burden on Respondents: 23 hours for each of the 
316 Title VI programs.
    Estimated Total Annual Burden: 5,332 hours.
    Frequency: Annual.

    Issued: June 17, 2010.
Ann M. Linnertz,
Associate Administrator for Administration.
[FR Doc. 2010-15108 Filed 6-22-10; 8:45 am]
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