[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
[Rules and Regulations]
[Pages 2889-2892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-753]



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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. 1; Amdt. 265]


Organization and Delegation of Powers and Duties Delegations to 
the Director of the Departmental Office of Civil Rights

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

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SUMMARY: This document contains a delegation of authority to the 
Director of the Departmental Office of Civil Rights (DOCR) to conduct 
all stages of the Department's formal internal discrimination complaint 
process and to provide policy guidance concerning the implementation 
and enforcement of all civil rights laws, regulations and executive 
orders for which the Department of Transportation (DOT or the 
Department) is responsible. This document also amends the delegation of 
authority to DOT Administrators relating to internal civil rights 
functions since, with the exception of certain responsibilities related 
to the resolution of informal complaints of discrimination within DOT 
operating administrations, these functions are being transferred to the 
Director of DOCR. There are no substantive changes to the DOCR's 
functions with respect to the Department's external civil rights 
programs. The language changes dealing with external programs are only 
designed to more clearly state existing authority and practice.

EFFECTIVE DATE: This rule becomes effective on January 12, 1995.

FOR FURTHER INFORMATION CONTACT: Debra J. Rosen, Office of the 
Assistant General Counsel for Environmental, Civil Rights and General 
Law at (202) 366-9167 or Steven B. Farbman, Office of the Assistant 
General Counsel for Regulation and Enforcement at (202) 366-9306, 
Department of Transportation, 400 7th Street SW., Washington, DC 20590.

SUPPLEMENTARY INFORMATION: Consistent with a provision in the 
Department of Transportation and Related Agencies Appropriations Act, 
1995, Public Law 103-331, the Secretary of Transportation approved the 
consolidation of internal civil rights functions within the Department. 
Under the consolidation plan, all functions relating to the processing 
of formal administrative complaints of employment discrimination filed 
by Department employees and applicants for federal employment with the 
Department are assigned to the DOCR. Thus, it is necessary to amend the 
relevant parts of the CFR to reflect these new authorities.
    49 CFR Part 1 describes the organization of DOT and provides for 
the performance of duties imposed upon, and the exercise of powers 
vested in, the Secretary of Transportation by law. Section 1.23 
describes the spheres of primary responsibility within DOT and is being 
revised to reflect the new responsibilities assigned to the DOCR and to 
clarify the DOCR's existing responsibilities. Amended section 1.23 
states that the DOCR is responsible for conducting all stages of the 
formal internal discrimination complaint process. In addition, the DOCR 
is responsible for providing policy guidance within the Department 
concerning the implementation and enforcement of all civil rights laws, 
regulations and executive orders for which the Department is 
responsible, and for reviewing and evaluating the civil rights programs 
of the Department's operating administra- tions (OAs). Finally, amended 
section 1.23 states that the Director of the DOCR serves as the 
Department's Equal Employment Opportunity Officer and Title VI 
Coordinator.
    Currently, section 1.45(a)(10) delegates authority to the 
Administrators of the DOT operating administrations to accept or reject 
internal complaints of discrimination by their respective employees and 
applicants for employment on the basis of race, color, religion, sex, 
national origin, or age arising within their organizations. Under the 
consolidation, the OAs (including the Coast Guard) will retain 
responsibility for resolving informal complaints of discrimination 
[[Page 2890]] arising within their organizations as well as for 
developing and implementing affirmative action and diversity plans 
within their organizations, but will no longer be involved once a 
complaint reaches the formal process. Each Administrator and the 
Assistant Secretary for Administration, in the case of the Office of 
the Secretary, retains his/her existing responsibilities for appointing 
Equal Opportunity Counselors within his/her organization and assuring 
that the Equal Opportunity Counseling program is carried out in an 
effective manner. This paragraph is amended to reflect the OA's revised 
responsibilities. OAs will also retain their current responsibility for 
representing management during the various stages of the formal 
internal complaint process. Similarly, language has been added to 
section 1.54 delegating authority to Secretarial Officers (including 
the Inspector General) to resolve informal complaints of discrimination 
arising within their respective organizations and develop and implement 
affirmative action and diversity plans within their respective 
organizations.
    Section 1.59 currently delegates authority to the Assistant 
Secretary for Administration to carry out a number of civil rights 
responsibilities. These authorities are: development and implementation 
of an affirmative action plan in the Office of the Secretary to assure 
equal employment opportunity (section 1.59(b)(2)); reviewing proposals 
of the Office of the Secretary for each new appointment or transfer to 
assure compliance with the Action Plan for Equal Opportunity for the 
Office of the Secretary (section 1.59(b)(5)(ii)); and acceptance or 
rejection of internal complaints of discrimination on the basis of 
race, color, religion, sex, national origin, or age arising within or 
relating to the Office of the Secretary (section 1.59(j)). Since, as 
described above, this rulemaking delegates authority to each 
Secretarial Officer to develop and implement affirmative action and 
diversity plans within their respective organizations, sections 
1.59(b)(2) and 1.59(b)(5)(ii) are no longer needed and these 
delegations are hereby withdrawn. Similarly, as described above, DOCR 
is now responsible for conducting all stages of the formal internal 
complaint process, the delegation to the Assistant Secretary for 
Administration concerning the acceptance or rejection of internal 
complaints of discrimination is hereby revoked.
    This rulemaking adds new section 1.70 to 49 CFR Part 1, delegating 
to the Director of the DOCR the authority to conduct all stages of the 
Department's formal internal discrimination complaint process and 
confirming the DOCR's long-standing responsibility to provide policy 
guidance concerning the implementation and enforcement of all civil 
rights laws, regulations and executive orders for which the Department 
is responsible, to otherwise perform activities to ensure compliance 
with external civil rights programs, and to review and evaluate their 
implementation.
    The Department's external civil rights programs are largely carried 
out by the operating administrations, under the general policy guidance 
of the DOCR. Also, the Departmental Office of Small and Disadvantaged 
Business Utilization provides primary policy direction for the 
Department's minority and disadvantaged business enterprise (DBE) 
program. Thus, this rule emphasizes that the DOCR is to work 
cooperatively with the OAs and other Department components in 
developing guidance and otherwise carrying out its responsibilities for 
these external civil rights programs in accordance with statutes, 
regulations, and executive orders of general applicability and DOT-
specific statutes administered by these organizations.
    The applicable laws covered by the delegation to the DOCR are 
numerous and are listed in the delegation. In addition to well 
recognized civil rights laws such as Titles VI and VII of the Civil 
Rights Act of 1964, as amended, the delegation covers such laws as the 
Alcohol, Drug Abuse and Mental Health Administration Reorganization 
Act, 42 U.S.C. 290dd(b), which provides that no person is to be denied 
or deprived of Federal civilian employment or a Federal professional or 
other license or right solely on the grounds of prior substance abuse, 
except as otherwise provided; the Equal Pay Act of 1963, which 
prohibits employers with employees subject to the Fair Labor Standards 
Act from discriminating against these employees on the basis of sex in 
the payment of wages; The Department of Transportation Coast Guard 
Military Justice Manual, CG-488, Part 700-9, which authorizes members 
of the Coast Guard to file EEO complaints of discrimination; and the 
Federal Property and Administrative Services Act of 1949, 40 U.S.C. 471 
and 476, which provide that no individual shall be subjected to sexual 
discrimination under any program or activity receiving Federal funds 
under the Act.
    The delegation also covers the following DOT-specific statutes 
which are administered by the OAs. While the OAs will continue to 
administer their respective statutes, including authorities 
specifically delegated to Administrators pursuant to regulation or DOT 
Order, the DOCR retains its long-standing authority to provide policy 
guidance to the OAs concerning the implementation and enforcement of 
these statutes and to review and evaluate the OAs' programs under these 
statutes: 49 U.S.C. 47113 and 47123 (formerly section 505(f), 
511(a)(17), and 520 of the Airport and Airway Improvement Act of 1982, 
as amended), which concern nondiscrimination and minority and DBE 
participation in projects funded under chapter 471 of title 49, United 
States Code; 49 U.S.C. 47107(e) (formerly sections 511(a)(17) and 
511(h) of the Airport and Airway Improvement Act of 1982, as amended), 
which concerns DBE participation in airport concessions pursuant to an 
agreement with a sponsor that has received a grant for airport 
development under chapter 471 of title 49, United States Code; 49 
U.S.C. 41705 (formerly the Air Carrier Access Act of 1986, as amended), 
which prohibits discrimination by an air carrier against any otherwise 
qualified handicapped individual by reason of such handicap; 49 U.S.C. 
5310 (formerly section 16 of the Federal Transit Act, as amended), 
which concerns planning and design of mass transportation facilities to 
meet special needs of elderly persons and persons with disabilities; 49 
U.S.C. 5332 (formerly section 19 of the Federal Transit Act, as 
amended), which concerns nondiscrimination in programs or activities 
receiving financial assistance under chapter 53 of title 49, United 
States Code; the Federal-Aid Highway Act, as amended, 23 U.S.C. 140 and 
324, which concern nondiscrimination in Federally funded highway 
programs; the Highway Safety Act of 1966, as amended, 23 U.S.C. 
402(b)(1)(D), which concerns access for physically handicapped persons 
at pedestrian crosswalks in state highway safety programs; 49 U.S.C. 
306, which prohibits discrimination under any program, project or 
activity receiving financial assistance under certain provisions of the 
Regional Rail Reorganization Act of 1973 or the Railroad Revitalization 
and Regulatory Reform Act of 1976; and the Intermodal Surface 
Transportation Efficiency Act of 1991, Pub. L. 102-240, 105 Stat. 1919, 
section 1003, which authorizes the DBE program for surface 
transportation programs.
    Since this rule relates to departmental management, organization, 
procedure, and practice, notice and public [[Page 2891]] comment are 
unnecessary. For the same reason, good cause exists for not publishing 
this rule at least 30 days before its effective date, as is ordinarily 
required by 5 U.S.C. 553(d). Therefore, this rule is effective on the 
date of its publication.

List of Subjects in 49 CFR Part 1

    Authority delegations (Government agencies) Organization and 
functions (Government agencies).

    In consideration of the foregoing, and under the authority of 49 
U.S.C. 322, Part 1 of Title 49 Code of Federal Regulations is amended 
as follows:

PART 1--[AMENDED]

    1. The authority citation for part 1 continues to read as follows:

    Authority: 49 U.S.C. 322; Pub. L. 101-552; 28 U.S.C. 2672; 31 
U.S.C. 3711(a)(2).

    2. 49 CFR Subtitle A is amended as follows:-
    a. Section 1.23 is amended by revising paragraph (l) to read as 
follows:


Sec. 1.23  Spheres of primary responsibility.

* * * * *
    (l) Departmental Office of Civil Rights. The Director of the 
Departmental Office of Civil Rights serves as the Department's Equal 
Employment Opportunity (EEO) Officer and Title VI Coordinator. The 
Director also serves as principal advisor to the Secretary and the 
Deputy Secretary on the civil rights and nondiscrimination statutes, 
regulations, and executive orders applicable to the Department, 
including titles VI and VII of the Civil Rights Act of 1964, as 
amended, the Age Discrimination in Employment Act of 1967, as amended, 
the Age Discrimination Act of 1975, as amended, section 504 of the 
Rehabilitation Act of 1973, as amended, the Americans with Disabilities 
Act of 1990, and the Equal Pay Act of 1963. The Office of Civil Rights 
also provides policy guidance to the operating administrations and 
Secretarial officers on these matters. Also, the Office periodically 
reviews and evaluates the civil rights programs of the operating 
administrations to ensure that recipients of DOT funds meet applicable 
Federal civil rights requirements.
* * * * *
    b. Section 1.45 is amended by revising paragraph (a)(10) to read as 
follows:


Sec. 1.45  Delegations to all Administrators.

    (a)* * *
    (10) Exercise the authority of the Secretary to resolve informal 
allegations of discrimination arising in or relating to their 
respective organizations through Equal Employment Opportunity 
counseling or the Alternative Dispute Resolution process and to develop 
and implement affirmative action and diversity plans within their 
respective organizations. With regard to external civil rights 
programs, each Administrator exercises authority pursuant to statutes, 
regulations, executive orders, or delegations in subpart C of this Part 
to carry out these programs, under the general policy guidance of the 
Director of the Departmental Office of Civil Rights, including 
conducting compliance reviews and other activities relating to the 
enforcement of these statutes, regulations, and executive orders.
* * * * *
    c. Section 1.54 is amended by adding a new paragraph (b)(11) to 
read as follows:


Sec. 1.54  Delegations to all Secretarial Officers.

* * * * *
    (b)* * *
    (11) Exercise the authority of the Secretary to resolve informal 
allegations of discrimination arising in or relating to their 
respective organizations through Equal Employment Opportunity 
counseling or the Alternative Dispute Resolution process and to develop 
and implement affirmative action and diversity plans within their 
respective organizations.
    d. Section 1.59 is amended as follows:
    1. Paragraph (b)(2) is removed and paragraphs (b) (3) through (9) 
are redesignated as paragraphs (b) (2) through (8) respectively.-
    2. Redesignated paragraph (b)(4)(ii) is removed and reserved.
    3. Paragraph (j) is removed and paragraph (k) through (q) are 
redesignated as (j) through (p), respectively.
    e. A new Sec. 1.70 is added to read as follows:


Sec. 1.70  Delegations to the Director of the Departmental Office of 
Civil Rights.

    The Director of the Departmental Office of Civil Rights is 
delegated authority to conduct all stages of the formal internal 
discrimination complaint process (including the acceptance or rejection 
of complaints); to provide policy guidance to the operating 
administrations and Secretarial officers concerning the implementation 
and enforcement of all civil rights laws, regulations and executive 
orders for which the Department is responsible; to otherwise perform 
activities to ensure compliance with external civil rights programs; 
and to review and evaluate the operating administrations' enforcement 
of these authorities.
    These authorities include: -
    (a) Title VII of the Civil Rights Act of 1964, as amended, 42 
U.S.C. 2000e et seq.
    (b) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 
2000d et seq.-
    (c) Section 504 of the Rehabilitation Act of 1973, as amended, 29 
U.S.C. 794 and 794a.
    (d) Section 501 of the Rehabilitation Act of 1973, as amended, 29 
U.S.C. 791.
    (e) Age Discrimination in Employment Act of 1967, as amended, 29 
U.S.C. 621 et seq.-
    (f) Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101.-
    (g) Americans with Disabilities Act of 1990, Pub. L. No. 101-336, 
104 Stat. 327 (1990) (codified at 42 U.S.C. 12101-121213).-
    (h) Equal Pay Act of 1963 (enacted as section 6(d) of the Fair 
Labor Standards Act of 1938, 29 U.S.C. 206(d)).-
    (i) Alcohol, Drug Abuse, and Mental Health Administration 
Reorganization Act, 42 U.S.C. 290dd(b).-
    (j) 29 CFR Parts 1600 through 1691 (Equal Employment Opportunity 
Commission Regulations).-
    (k) Department of Transportation Coast Guard Military Justice 
Manual, CG-488, Part 700-9 (Civil Rights Complaints).-
    (l) Title VIII of the Civil Rights Act of 1968, as amended, 42 
U.S.C. 3601 et seq. (fair housing provisions).-
    (m) The Federal Property and Administrative Services Act of 1949, 
40 U.S.C. 476.-
    (n) Title IX of the Education Amendments Act of 1972, 20 U.S.C. 
1681.--
    (o) Executive Order No. 12898, Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations. (In coordination with the Assistant Secretary for 
Transportation Policy.)-
    (p) 49 U.S.C. 47113, 47107, and 47123 (formerly sections 505(f), 
511(a)(17), and 520 of the Airport and Airway Improvement Act of 1982, 
as amended).
    (q) 49 U.S.C. 41705 (formerly the Air Carrier Access Act of 1986, 
as amended).-
    (r) The Federal-Aid Highway Act, as amended, 23 U.S.C. 140 and 
324.-
    (s) 49 U.S.C. 306.
    (t) 49 U.S.C. 5310, 5332 (formerly sections 16 and 19 of the 
Federal Transit Act, as amended). -
    (u) The Intermodal Surface Transportation Efficiency Act of 1991, 
Pub. L. 102-240, 105 Stat. 1919, section 1003.- [[Page 2892]] 
    (v) The Highway Safety Act of 1966, as amended, 23 U.S.C. 
402(b)(1)(D).

    Issued at Washington, DC this 5th day of January 1995.
Federico Pena,
Secretary of Transportation.
[FR Doc. 95-753 Filed 1-11-95; 8:45 am]
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