[Federal Register Volume 64, Number 60 (Tuesday, March 30, 1999)]
[Proposed Rules]
[Pages 15276-15277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7708]



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Part V





Department of Labor





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Office of Labor-Management Standards



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29 CFR Part 215



Amendment to Section 5333 (b) Guidelines to Carry Out New Programs 
Authorized by the Transportation Equity Act for the 21st Century (TEA 
21); Proposed Rule

  Federal Register / Vol. 64, No. 60 / Tuesday, March 30, 1999 / 
Proposed Rules  

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DEPARTMENT OF LABOR

Office of Labor-Management Standards

29 CFR Part 215

RIN 1215-AB25


Amendment to Section 5333(b) Guidelines To Carry Out New Programs 
Authorized by the Transportation Equity Act for the 21st Century (TEA 
21)

AGENCY: Office of Labor-Management Standards, Labor.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of Labor (DOL) is providing notice of an 
amendment to its procedural Guidelines for certification of certain 
Federal Transit Administration (FTA) projects in satisfaction of the 
requirements of Title 49 U.S.C., Chapter 53, Section 5333(b) (commonly 
referred to as ``Section 13(c)''). This notice is necessitated by the 
introduction of three new programs under the Transportation Equity Act 
for the 21st Century (TEA-21), and the need to identify appropriate 
procedures for DOL's required certification of employee protections in 
connection with these projects.

DATES: Comments must be submitted by April 29, 1999.

ADDRESSES: Comments should be submitted to Kelley Andrews, Director, 
Statutory Programs, U.S. Department of Labor, 200 Constitution Avenue, 
NW, Room N-5603, Washington, DC 20210. Comments may also be submitted 
by facsimile to (202) 693-1342 or by e-mail to: [email protected]
esa.gov.

FOR FURTHER INFORMATION CONTACT: Kelley Andrews, Director, Statutory 
Programs, (202) 693-0126.

SUPPLEMENTARY INFORMATION:

I. Background

    The Transportation Equity Act for the 21st Century (TEA-21), signed 
into law by President Clinton on June 9, 1998, provides for three new 
transportation programs which require employee protection under section 
5333(b). These are the Job Access and Reverse Commute Program (section 
3037), the Over-the-Road Bus Accessibility Program (section 3038), and 
the State Infrastructure Bank Program (section 1511). Pursuant to 
section 5333(b), DOL must certify, when Federal funds are used to 
acquire, improve, or operate a transit system, that the requisite 
transit employee protective arrangements are in place protecting 
certain rights of mass transit employees affected by such assistance, 
as a condition of release of assistance by the Federal Transit 
Administration (FTA). These rights include the preservation of rights, 
privileges, and benefits under existing collective bargaining 
agreements, the continuation of collective bargaining rights, the 
protection of individual employees against a worsening of their 
positions related to employment, assurances of employment to employees 
of acquired mass transportation systems, priority of reemployment, and 
paid training or retraining.
    For most programs funded by the FTA, DOL currently processes the 
employee protection certifications required under section 5333(b) in 
accordance with procedural Guidelines published at 29 CFR 215.3. DOL 
applies these procedures to the processing of all grants except section 
5310, Elderly and Handicapped grants which do not require section 
5333(b) certification, and section 5311 Non-Urban formula grants which 
are specifically exempted from processing under the Guidelines. Grants 
under section 5311 are automatically certified through the application 
of a warranty, while other grants are certified following referral 
procedures which afford the interested parties an opportunity to 
provide their views on substantive protections. The purpose of this 
notice is to amend the Guidelines to identify the certification 
processes which will be applicable for the Job Access and Reverse 
Commute Program, the Over-the-Road Bus Accessibility Program, and the 
State Infrastructure Bank Program. To accomplish this, DOL proposes to 
insert a new paragraph at Sec. 215.3(a)(4) to identify programs and 
activities within programs which will not be subject to processing 
under the Guidelines. In addition, the last sentence of 
Sec. 215.3(a)(3) will be omitted as extraneous. Finally, Sec. 215.8 
will be modified to update the room number and phone number of the 
Statutory Programs office.

II. Processing of Grants for New Programs

    The Job Access and Reverse Commute Program provides funding to 
establish a regional approach to job access challenges and supports the 
implementation of a variety of transportation services that may be 
needed to connect welfare recipients to jobs and related employment 
activities. Metropolitan Planning Organizations will select applicants 
in areas serving populations of 200,000 or greater, and the states will 
select applicants in areas with populations under 200,000. The nature 
of recipients and the types of grants anticipated for applicants 
serving populations under 200,000 are similar to the small urban and 
rural program under section 5311. Although traditional transportation 
providers are eligible recipients under the program, it will probably 
have the most impact on existing transit employees where applicants are 
serving populations of 200,000 or more. See Federal Transit 
Administration, Job Access and Reverse Commute Competitive Grants; 
Notice, 63 FR 60168 (November 6, 1998). Accordingly, DOL intends to 
establish procedures similar to those for section 5311(f) for 
applicants serving populations under 200,000, and to apply the existing 
Guidelines procedures for applicants serving populations of 200,000 or 
more. This necessitates that DOL amend the Guidelines to exclude Job 
Access and Reverse Commute grants for applicants serving populations 
under 200,000 from coverage under the Guidelines.
    The Over-the-Road Bus Accessibility Program provides funding to 
assist in financing the incremental capital and training costs 
associated with the Department of Transportation's implementation of 
its Final Rule on accessibility requirements for Over-The-Road-Buses 
(OTRB). DOL intends to follow existing referral procedures under the 
Guidelines for processing employee protection certifications for this 
program. Thus, amendment of the Guidelines is not necessary to address 
Over-the-Road Bus Accessibility grants.
    The State Infrastructure Bank (SIB) Program provides for a revised 
pilot program without limitation on the amount of funds that may be 
used to capitalize the bank. SIBs do not make grants, but can provide 
assistance in a variety of ways, including loans and advances for 
projects with a repayment provision, subsidizing interest rates, and 
providing bond or other debt financing security. DOL will certify 
initial capitalization grants made by FTA to the SIBs by applying 
standard protections and specifying that the SIB may not release funds 
absent subsequent certifications for specific projects. When specific 
projects are identified, certification of labor protections for each 
project funded by the SIB transit account will be processed in 
accordance with DOL's Guidelines, thus permitting the interested 
parties an opportunity to provide their views on the protective 
arrangements proposed for application to the specific projects. This 
necessitates that DOL amend the Guidelines to exclude from coverage 
grants for the initial capitalization of SIBS.

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III. Public Consultation

    In establishing the process for certification of protections 
applicable for the Job Access and Reverse Commute Program, the Over-
the-Road Bus Accessibility Program, and the State Infrastructure Bank 
Program, DOL herein seeks the views of stakeholders in the 
transportation industry including transportation providers, transit 
employee unions, and potentially affected transit employees. Although 
we will not be able to respond directly to individual comments, we will 
address comments collectively when we issue the final rule with respect 
to this proposed amendment to the Guidelines.

IV. Regulatory Procedures:

Regulatory Flexibility Act

    This proposed rule addresses the procedural steps for obtaining the 
Department's certification that employee protection arrangements under 
the Federal Transit law are in place as required for three new programs 
funded under TEA-21. The amendment will not have a significant economic 
impact on a substantial number of small entities. Therefore, a 
regulatory flexibility analysis under the Regulatory Flexibility Act (5 
U.S.C. 605(b)) is not required. The Assistant Secretary for Employment 
Standards has certified to this effect to the Chief Counsel for 
Advocacy of the Small Business Administration.

Unfunded Mandates Reform

    Executive Order 12875--This rule will not create an unfunded 
Federal mandate upon any State, local or tribal government.
    Unfunded Mandates Reform Act of 1995--This rule will not include 
any Federal mandate that may result in increased expenditures by State, 
local, and tribal governments, in the aggregate, of $100 million or 
more, or in increased expenditures by the private sector of $100 
million or more.

Paperwork Reduction Act

    These guidelines contain no information collection requirements for 
purposes of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in costs or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of the United States-based companies to 
compete with foreign-based companies in domestic and export markets.

List of Subjects in 29 CFR Part 215

    Grant administration; Grants--transportation; Labor-management 
relations; Labor unions; Mass transportation.

    Accordingly, it is proposed that Chapter II of Title 29 of the Code 
of Federal Regulations be amended as follows.

PART 215--GUIDELINES, SECTION 5333(b), FEDERAL TRANSIT LAW

    1. The authority citation for Part 215 continues to read as 
follows:

    Authority: Secretary's Order 5-96, 62 FR 107, January 2, 1997.

    2. Section 215.3 is amended by removing the last sentence in 
paragraph (a)(3) and by adding new paragraph (a)(4) to read as follows:


Sec. 215.3  Employees represented by a labor organization.

* * * * *
    (a) * * *
    (4) These procedures are not applicable to grants under section 
5311; grants to applicants serving populations under 200,000 under the 
Job Access and Reverse Commute Program; or grants to capitalize SIB 
accounts under the State Infrastructure Bank Program.
    3. Section 215.8 is revised to read as follows:


Sec. 215.8  Department of Labor contact.

    Questions concerning the subject matter covered by this part should 
be addressed to Director, Statutory Programs, U.S. Department of Labor, 
Suite N5603, 200 Constitution Avenue, NW, Washington, DC 20210; phone 
number 202-693-0126.

    Signed at Washington, DC this 24th day of March, 1999.
Bernard E. Anderson,
Assistant Secretary for Employment Standards.
[FR Doc. 99-7708 Filed 3-29-99; 8:45 am]
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