[Federal Register Volume 79, Number 45 (Friday, March 7, 2014)]
[Notices]
[Pages 13088-13089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04758]
[[Page 13088]]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA-2014-0007]
Agency Information Collection Activity Under OMB Review
AGENCY: Federal Transit Administration, DOT.
ACTION: Notice of request for comments.
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SUMMARY: The Federal Transit Administration invites public comment
about our intention to request the Office of Management and Budget's
(OMB) approval to renew the following information collections:
(1) Title VI as it Applies to FTA Grant Programs
(2) Nondiscrimination as it Applies to FTA Grant Programs
(3) Charter Service Operations
The information collected is necessary to determine eligibility of
applicants and ensure the proper and timely expenditure of federal
funds within the scope of each program. The Federal Register notice
with a 60-day comment period soliciting comments was published on
February 6, 2014 (Citation 79 FR 25). One comment was received on
February 18, 2014. This comment is currently under FTA's review.
DATES: Comments must be submitted before April 7, 2014. A comment to
OMB is most effective if OMB receives it within 30 days of publication.
FOR FURTHER INFORMATION CONTACT: Tia Swain, Office of Administration,
Office of Management Planning, (202) 366-0354.
SUPPLEMENTARY INFORMATION:
Title: Title VI as it Applies to FTA Grant (OMB Number: 2132-0540).
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 regulation implementing this DOJ
mandate.
In this regard, the responsibility of the FTA is to ensure that
Federally-supported transit services and benefits are distributed by
applicants, recipients, and subrecipients of FTA assistance in a manner
consistent with Title VI. The employment practices of a grant
applicant, recipient, or subrecipient are also covered under Title VI
if the primary purpose of the FTA-supported program is to provide
employment or if those employment practices would result in
discrimination against beneficiaries of FTA-assisted services and
benefits.
FTA policies and requirements are designed to clarify and
strengthen Title VI (service equity) procedures for FTA grant
recipients by requiring submission of written plans and approval of
such plans by the agency. All project sponsors receiving financial
assistance pursuant to an FTA-funded project shall not discriminate in
the provision of services because of race, color, or national origin.
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 are designed to accomplish this objective
and diminish possible vestiges of discrimination among FTA grant
recipients. FTA's assessment of the requirements indicated that the
formulation and implementation of the Title VI Program should occur
with a decrease in costs to such applicants and recipients.
Estimated Total Annual Burden: 5,332 hours.
Title: Nondiscrimination as it Applies to FTA Grant Programs (OMB
Number: 2132-0542).
Abstract: 49 Code of Federal Regulations, part 21.5 states: ``Where
a primary objective of the Federal financial assistance to a program to
which this part applies is to provide employment, a recipient or other
party subject to this part shall not, directly or through contractual
or other arrangements, subject a person to discrimination on the ground
of race, color, or national origin in its employment practices under
such program (including recruitment or recruitment advertising, hiring,
firing, upgrading, promotion, demotion, transfer, layoff, termination,
rates of pay or other forms of compensation or benefits, selection for
training or apprenticeship, use of facilities, and treatment of
employees).''
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 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.
Estimated Total Annual Burden: 2,425 hours.
Title: Charter Service Operations (OMB Number: 2132-0543).
Abstract: FTA recipients may only provide charter bus service with
FTA-funded facilities and equipment if the charter service is
incidental to the provision of transit service (49 U.S.C. 5323(d). This
restriction protects charter service providers from unauthorized
competition by FTA recipients.
The requirements of 49 U.S.C. 5323(d) are implemented in FTA's
charter regulation (Charter Service Rule) at 49 CFR part 604. Amended
in 2008, the Charter Service Rule now contains five (5) provisions that
impose information collection requirements on FTA recipients of
financial assistance from FTA under Federal Transit Law.
First, 49 CFR Section 604.4 requires all applicants for Federal
financial assistance under Federal Transit Law, unless otherwise
exempted under 49 CFR Section 604.2, to enter into a ``Charter Service
Agreement,'' contained in the Certifications and Assurances for FTA
Assistance Programs. The Certifications and Assurances become a part of
the Grant Agreement or
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Cooperative Agreement for Federal financial assistance upon receipt of
Federal funds. The rule requires each applicant to submit one Charter
Service Agreement for each year that the applicant intends to apply for
the Federal financial assistance specified above.
Second, 49 CFR Section 604.14(3) requires a recipient of Federal
funds under Federal Transit Law, unless otherwise exempt, to provide
email notification to all registered charter providers in the
recipient's geographic service area each time the recipient receives a
request for charter service that the recipient is interested in
providing.
Third, 49 CFR Section 604.12(c) requires a recipient, unless
otherwise exempt under 49 CFR part 604.2, to submit on a quarterly
basis records of all instances that the recipient provided charter
service.
Fourth, 49 CFR Section 604.13 requires a private charter provider
to register on FTA's Charter Registration Web site at http://ftawebprod.fta.dot.gov/CharterRegistration/in order to qualify as a
registered charter service provider and receive email notifications by
recipients that are interested in providing a requested charter
service. The rule requires that a registered charter service provider
must update its information on the Charter Registration Web site at
least once every two years. Currently, there are a total of 192
registered private charter service providers. Registration has
consistently decreased over the years.
Lastly, 49 CFR Section 604.7 permits recipients to provide charter
service to Qualified Human Service Organizations (QHSO) under limited
circumstances. QHSOs that do not receive Federal funding under programs
listed in Appendix A to part 604 and seek to receive free or reduced
rate services from recipients must register on FTA's Charter
Registration Web site (49 CFR Section 604.15(a)).
Estimated Total Annual Burden: 369.7 hours.
ADDRESSES: All written comments must refer to the docket number that
appears at the top of this document and be submitted to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725--17th Street NW. Washington, DC 20503, Attention: FTA Desk Officer.
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.
Matthew M. Crouch,
Associate Administrator for Administration.
[FR Doc. 2014-04758 Filed 3-6-14; 8:45 am]
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