[Federal Register Volume 61, Number 77 (Friday, April 19, 1996)] [Proposed Rules] [Pages 17264-17265] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-9560] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Highway Administration 23 CFR Part 230 [FHWA Docket No. 81-9] RIN 2125-AD56 Equal Employment Opportunity on Federal and Federal-Aid Construction Contracts (Including Supportive Services) AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Withdrawal of advance notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The FHWA is withdrawing an advance notice of proposed rulemaking (ANPRM) published on February 1, 1982, at 47 FR 4536. Current FHWA Equal Employment Opportunity regulations include provisions for supportive services which are intended to improve the effectiveness of on-the-job training by Federal-aid highway construction contractors. The 1982 ANPRM sought comments on these supportive services provisions in an attempt to determine whether they should be eliminated from current regulations or whether and how they should be modified. The data and information received during the comment period, as well as analysis initiated by the FHWA, indicate that continuation of the provision would greatly assist in strengthening the FHWA skills training program. FOR FURTHER INFORMATION CONTACT: Linda J. Brown, Chief, Policy and Program Development Division, Office of Civil Rights, 202-366-0471, or Wilbert Baccus, Office of the 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 February 1, 1982, the FHWA published an ANPRM in the Federal Register (47 FR 4536) seeking public comment on: (1) the effectiveness or lack of effectiveness of the provisions currently set forth in 23 CFR 230 subpart A; (2) whether they should be eliminated; (3) whether and how they should be restructured; and (4) whether an interagency agreement should be sought to obtain supportive services through the U.S. Department of Labor's Targeted Outreach Programs. The FHWA docket received 157 comments. State transportation agencies, contractors, contractors' associations, unions, women and minorities organizations, and other interested parties that commented to the docket overwhelmingly supported the continuation of the supportive services provisions. Nevertheless, all commenters agreed that the program needed to be restructured to effectively benefit the FHWA skills training program. Also, none of the commenters were in favor of entering into an interagency agreement with the U.S. Department of Labor to administer the On-the-Job Training/Supportive Services (OJT/SS) program. The FHWA agrees with the commenters, since FHWA's goal is to increase the effectiveness of the OJT/SS program and the agency does not propose to eliminate the OJT/SS program. Instead, the FHWA believes that restructuring the program to permit recipients greater flexibility in designing and implementing training programs is the most effective way to strengthen the program. 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 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 Department of Transportation's 1982 regulatory policies and procedures. Because this action simply withdraws a 1982 ANPRM, it will have no economic [[Page 17265]] effect. Therefore, a full regulatory evaluation has not been prepared. Regulatory Flexibility Act In compliance with the Regulatory Flexibility Act (Pub. L. 96-354, 5 U.S.C. 601-612), the FHWA has evaluated the effects of this rule on small entities. The FHWA hereby certifies that this withdrawal of a proposed 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 the withdrawal of the advance notice of proposed rulemaking will not have sufficient federalism implications to warrant the preparation of a federalism assessment. 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 on Federal programs and activities apply to this program. Paperwork Reduction Act This advance notice of proposed rulemaking did not contain a collection of information requirement for purposes of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520. 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 et seq.) 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. List of Subjects in 23 CFR Part 230 Equal employment opportunity, Grant programs-- transportation, Highways and roads, Minority businesses, Reporting and recordkeeping requirements. (23 U.S.C. 140 and 315; 49 CFR 1.48) Issued on: April 3, 1996. Rodney E. Slater, Federal Highway Administrator. [FR Doc. 96-9560 Filed 4-18-96; 8:45 am] BILLING CODE 4910-22-P