[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]



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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.

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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]
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