[Federal Register Volume 61, Number 65 (Wednesday, April 3, 1996)]
[Rules and Regulations]
[Pages 14615-14616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8159]



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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

23 CFR Part 230

[FHWA Docket No. 82-19]
RIN 2125-AB15


Equal Employment Opportunity on Federal and Federal-Aid 
Construction Contracts (Including Supportive Services); Report 
Requirements

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule; technical amendments.

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SUMMARY: This document amends the current regulation on recordkeeping 
and reporting requirements for on-the-job training on Federal-aid 
construction contracts which require contractors to submit Form FHWA-
1409, Federal-Aid Highway Construction Contractor's Semi-Annual 
Training Report, and State highway agencies to complete and submit Form 
FHWA-1410, Federal-Aid Highway Construction Semi-Annual Training 
Report. This amendment eliminates these reporting requirements in order 
to reduce the administrative burden on contractors as well as States. 
Additionally, the Office of Management and Budget approval for these 
forms under the Paperwork Reduction Act has lapsed, and as a matter of 
common industry practice, compliance by construction contractors and 
States is not required.

EFFECTIVE DATE: May 3, 1996.

FOR FURTHER INFORMATION CONTACT: Linda J. Brown, Chief, Policy and 
Program Development Division, Office of Civil Rights, 202-366-0471, or 
Will Baccus, Office of Chief Counsel, 202-366-1396, Federal Highway 
Administration, 400 Seventh Street, SW., Washington, D.C. 20590. Office 
hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday, 
except Federal holidays.

SUPPLEMENTARY INFORMATION: On November 22, 1982, the FHWA published an 
NPRM in the Federal Register (47 FR 52470). The rulemaking sought 
comments on the elimination of unnecessary and burdensome recordkeeping 
requirements being imposed on State highway agencies and construction 
contractors. The data and information received during the comment 
period and analysis initiated by the FHWA indicate that elimination of 
the reporting requirement regarding on- the-job training on Federal-aid 
construction contracts (23 CFR 230.121(d)(1) and (2)) would not 
adversely impact other areas of the equal opportunity program as these 
reports are not used for any related purpose e.g., contract compliance 
determination or compilation of any report on the status of civil 
rights programs.
    Twenty-nine comments were submitted to the docket. State 
transportation agencies, contractors, contractors associations, unions, 
and other interested parties that commented to the docket 
overwhelmingly supported the elimination of these recordkeeping and 
reporting requirements. Also, current industry practice reflect the 
views of the commenters regarding the

[[Page 14616]]
elimination of these recordkeeping and reporting requirements.
    The FHWA agrees with the commenters since FHWA's goal is to avoid 
imposing undue administrative burdens on the State highway agencies and 
contractors while carrying out its equal opportunity program 
responsibilities. The FHWA believes that amendment would have a 
positive economic impact on contractors and State highway agencies as 
well as the FHWA itself.
    Additionally, the FHWA has convened an implementation team on civil 
rights regulations. The team consists of representatives from FHWA's 
headquarters and field offices, whose goal is to review, streamline, 
and simplify civil rights regulations and to integrate civil rights 
requirements with other program requirements. As a result of the team 
effort, an NPRM will be published in 1996 to solicit comments on the 
proposed revisions to the civil rights regulations.

Rulemaking Analyses and Notices

    The NPRM upon which this final action is in part based was 
published in 1982. The FHWA believes that further notice and 
opportunity to comment are not necessary because the comments received 
support elimination of these recordkeeping requirements, the common 
practice now is not to require compliance with these requirements, and 
removal of these requirements is consistent with the requirements of 
the Paperwork Reduction Act and the President's Regulatory Reinvention 
Initiative to reduce regulatory burdens.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The FHWA has determined that this action is not a significant 
regulatory action within the meaning of Executive Order 12866 or 
significant within the meaning of the Department of Transportation's 
regulatory policies and procedures. This rulemaking would result in the 
elimination of FHWA regulations requiring contractors and State highway 
agencies to submit semi-annual reports regarding on-the-job training. 
This rulemaking eliminating these regulations will lessen an economic 
burden imposed on these entities by these recordkeeping and reporting 
requirements, but it will not cause any significant changes to the 
amount of funding available to the State highway agencies. Thus, it is 
anticipated that the economic impact of this rulemaking will be 
minimal. In addition, it will not create a serious inconsistency with 
any other agency's action or materially alter the budgetary impact of 
any entitlement, grants, user fees, or loan programs; nor will 
elimination of these regulations raise any novel legal or policy 
issues. Therefore, a full regulatory evaluation is not required.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA has evaluated the effects of this rule on small 
entities. Repeal of the recordkeeping and reporting requirements that 
are the subject of this rulemaking will eliminate an administrative 
burden currently being imposed on State highway agencies and 
construction contractors. Some of these contractors most likely qualify 
as ``small entities'' as defined in section 601 of the Regulatory 
Flexibility Act. However, we believe that the lessening of the 
administrative burden that will result from this rulemaking will not 
result in a significant economic impact on these small entities. Thus, 
the FHWA hereby certifies that this regulatory action will not have 
significant economic impact on a substantial number of small entities.

Executive Order 12612 (Federalism Assessment)

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this rule will not have sufficient federalism implications to 
warrant the preparation of a federalism assessment. Elimination of 
these recordkeeping and reporting requirements will not preempt any 
State law or State regulation. No additional costs or burdens would be 
imposed on the States as a result of this action, and the States' 
ability to discharge traditional State governmental functions would not 
be affected by this rulemaking.

Executive Order 12374 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation of 
Federal programs and activities apply to this program.

Paperwork Reduction Act

    This action does not contain a collection of information 
requirement for purposes of the Paperwork Reduction Act of 1995, 44 
U.S.C. 3501-3520. In fact, this rulemaking eliminates two information 
collection requirements.

National Environmental Policy Act

    The agency has analyzed this action for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has 
determined that this action would not have any effect on the quality of 
the environment.

Regulation Identification Number

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RIN contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

Lists of Subjects in 23 CFR Part 230

    Equal employment opportunity, Grant programs-- transportation, 
Highways and roads, Minority businesses, Reporting and recordkeeping 
requirements.

    Issued on: March 25, 1996.
Rodney E. Slater,
Federal Highway Administrator.

    In consideration of the foregoing, the FHWA amends title 23, Code 
of Federal Regulations, part 230 as set forth below.

PART 230--EXTERNAL PROGRAMS

    1. The authority citation for part 230 is combined at the part 
level and revised to read as follows and all other authority citations 
which appear throughout part 230 are removed:

    Authority: 23 U.S.C. 101, 140, and 315; 42 U.S.C. 2000d et seq.; 
49 CFR 1.48 and 60-1.


Sec. 230.121  [Amended]

    2. In Sec. 230.121, paragraph (d) is removed and reserved.

Appendices E and F to Subpart A [Removed and reserved]

    3. In part 230, subpart A, Appendices E and F are removed and 
reserved.

[FR Doc. 96-8159 Filed 4-2-96; 8:45 am]
BILLING CODE 4910-22-P