[Federal Register Volume 79, Number 25 (Thursday, February 6, 2014)]
[Notices]
[Pages 7276-7277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02421]



[[Page 7276]]

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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[FTA Docket No. 2014-0005]


Notice of Request for the Extension of a Currently Approved 
Information Collection

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
notice announces the intention of the Federal Transit Administration 
(FTA) to request the Office of Management and Budget (OMB) to renew the 
following information collections: Title VI as it Applies to FTA Grant 
Programs; Nondiscrimination as it Applies to FTA Grant Programs; and 
Charter Service Operations. The collections involve FTA's Title VI, 
Nondiscrimination, and Charter Service Operations Programs. The 
information to be collected for the Title VI Program is necessary to 
ensure that service and benefits are provided non-discriminatorily 
without regard to race, color, or national origin. The information to 
be collected for the Nondiscrimination Program is necessary to ensure 
that any employee or applicant for employment is not discriminated 
against on the basis of race, color, creed, sex, national origin, age 
or disability. The information collected for the Charter Service 
Program is necessary to protect charter service providers from 
unauthorized competition by FTA recipients.

DATES: Comments must be submitted before April 7, 2014.

ADDRESSES: To ensure that your comments are not entered more than once 
into the docket, submit comments identified by the docket number by 
only one of the following methods:
    1. Web site: www.regulations.gov. Follow the instructions for 
submitting comments on the U.S. Government electronic docket site. 
(Note: The U.S. Department of Transportation's (DOT's) electronic 
docket is no longer accepting electronic comments.) All electronic 
submissions must be made to the U.S. Government electronic docket site 
at www.regulations.gov. Commenters should follow the directions below 
for mailed and hand-delivered comments.
    2. Fax: 202-493-2251.
    3. Mail: U.S. Department of Transportation, 1200 New Jersey Avenue 
SE., Docket Operations, M-30, West Building, Ground Floor, Room W12-
140, Washington, DC 20590-0001.
    4. Hand Delivery: U.S. Department of Transportation, 1200 New 
Jersey Avenue SE., Docket Operations, M-30, West Building, Ground 
Floor, Room W12-140, Washington, DC 20590-0001 between 9:00 a.m. and 
5:00 p.m., Monday through Friday, except federal holidays.
    Instructions: You must include the agency name and docket number 
for this notice at the beginning of your comments. Submit two copies of 
your comments if you submit them by mail. For confirmation that FTA has 
received your comments, include a self-addressed stamped postcard. Note 
that all comments received, including any personal information, will be 
posted and will be available to Internet users, without change, to 
www.regulations.gov. You may review DOT's complete Privacy Act 
Statement in the Federal Register published April 11, 2000, (65 FR 
19477), or you may visit www.regulations.gov. Docket: For access to the 
docket to read background documents and comments received, go to 
www.regulations.gov at any time. Background documents and comments 
received may also be viewed at the U.S. Department of Transportation, 
1200 New Jersey Avenue SE., Docket Operations, M-30, West Building, 
Ground Floor, Room W12-140, Washington, DC 20590-0001 between 9:00 a.m. 
and 5:00 p.m., Monday through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: 

Title VI as it applies to Federal Transit Programs--Mr. Jonathan Ocana, 
Equal Opportunity Specialist (202) 366-4018, or email: 
[email protected].
Nondiscrimination as it Applies to FTA Grant Programs--Ms. Anita Heard, 
Equal Opportunity Specialist (202) 493-0318, or email: 
[email protected].
Charter Service Operations--Candace Key, Attorney Advisor (202) 366-
4011 or email: [email protected].

SUPPLEMENTARY INFORMATION: Interested parties are invited to send 
comments regarding any aspect of this information collection, 
including: (1) The necessity and utility of the information collection 
for the proper performance of the functions of the FTA; (2) the 
accuracy of the estimated burden; (3) ways to enhance the quality, 
utility, and clarity of the collected information; and (4) ways to 
minimize the collection burden without reducing the quality of the 
collected information. Comments submitted in response to this notice 
will be summarized and/or included in the request for OMB approval of 
this information collection.

Title: Title VI as it Applies to FTA Grant Programs

 (OMB Number: 2132-0540)

    Background: Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d) states:
    ``No person in the United States shall, on the grounds of race, 
color, or national origin, be excluded from participation in, be denied 
the benefits of, or be subjected to discrimination under any program or 
activity receiving Federal financial assistance.''
    To achieve this purpose, each Federal department and agency which 
provides financial assistance for any program or activity is authorized 
and directed by the Department of Justice (DOJ) to effectuate 
provisions of Title VI for each program or activity by issuing 
generally applicable regulations or requirements. The Department of 
Transportation (DOT) has issued its regulation implementing this DOJ 
mandate.
    In this regard, the responsibility of the FTA is to ensure that 
Federally-supported transit services and benefits are distributed by 
applicants, recipients, and subrecipients of FTA assistance in a manner 
consistent with Title VI. The employment practices of a grant 
applicant, recipient, or subrecipient are also covered under Title VI 
if the primary purpose of the FTA-supported program is to provide 
employment or if those employment practices would result in 
discrimination against beneficiaries of FTA-assisted services and 
benefits.
    FTA policies and requirements are designed to clarify and 
strengthen Title VI (service equity) procedures for FTA grant 
recipients by requiring submission of written plans and approval of 
such plans by the agency. All project sponsors receiving financial 
assistance pursuant to an FTA-funded project shall not discriminate in 
the provision of services because of race, color, or national origin. 
Experience has demonstrated that a program requirement at the 
application stage is necessary to assure that benefits and services are 
equitably distributed by grant recipients. The requirements prescribed 
by the Office of Civil Rights are designed to accomplish this objective 
and diminish possible vestiges of discrimination among FTA grant 
recipients. FTA's assessment of the requirements indicated that the 
formulation and implementation of the Title VI Program should occur 
with a decrease in costs to such applicants and recipients.
    Respondents: Transit agencies, States and Metropolitan Planning 
Organizations.

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    Estimated Total Annual Burden on Respondents: 45 hours for each of 
the 316 Equal Employment Opportunity (EEO) submissions.
    Estimated Total Burden: 5,332 hours.
    Frequency: Annually.

Title: Nondiscrimination as It Applies to FTA Grant Programs

(OMB Number: 2132-0542)

    Background: 49 Code of Federal Regulations, part 21.5 states: 
``Where a primary objective of the Federal financial assistance to a 
program to which this part applies is to provide employment, a 
recipient or other party subject to this part shall not, directly or 
through contractual or other arrangements, subject a person to 
discrimination on the ground of race, color, or national origin in its 
employment practices under such program (including recruitment or 
recruitment advertising, hiring, firing, upgrading, promotion, 
demotion, transfer, layoff, termination, rates of pay or other forms of 
compensation or benefits, selection for training or apprenticeship, use 
of facilities, and treatment of employees).''
    All entities receiving Federal financial assistance from FTA are 
prohibited from discriminating against any employee or applicant for 
employment because of race, color, creed, sex, national origin, age, or 
disability. To ensure that FTA's EEO procedures are followed, FTA 
requires grant recipients to submit written EEO plans to FTA for 
approval. FTA's assessment of this requirement shows that formulating, 
submitting, and implementing EEO programs should minimally increase 
costs for FTA applicants and recipients. To determine a grantee's 
compliance with applicable laws and requirements, grantee submissions 
are evaluated and analyzed based on the following criteria. First, an 
EEO program must include an EEO policy statement issued by the chief 
executive officer covering all employment practices, including 
recruitment, selection, promotions, terminations, transfers, layoffs, 
compensation, training, benefits, and other terms and conditions of 
employment. Second, the policy must be placed conspicuously so that 
employees, applicants, and the general public are aware of the agency's 
EEO commitment. The data derived from written EEO and affirmative 
action plans will be used by the Office of Civil Rights in monitoring 
grantees' compliance with applicable EEO laws and regulations. This 
monitoring and enforcement activity will ensure that minorities and 
women have equitable access to employment opportunities and that 
recipients of federal funds do not discriminate against any employee or 
applicant because of race, color, creed, sex, national origin, age, or 
disability.
    Respondents: Transit agencies, States and Metropolitan Planning 
Organizations.
    Estimated Total Annual Burden on Respondents: 25 hours for each of 
the 97 EEO submissions.
    Estimated Total Burden: 2,425 hours.
    Frequency: Annually.

Title: Charter Service Operations

(OMB Number: 2132-0543)

    Background: FTA recipients may only provide charter bus service 
with FTA-funded facilities and equipment if the charter service is 
incidental to the provision of transit service (49 U.S.C. 5323(d). This 
restriction protects charter service providers from unauthorized 
competition by FTA recipients.
    The requirements of 49 U.S.C. 5323(d) are implemented in FTA's 
charter regulation (Charter Service Rule) at 49 CFR part 604. Amended 
in 2008, the Charter Service Rule now contains five (5) provisions that 
impose information collection requirements on FTA recipients of 
financial assistance from FTA under Federal Transit Law.
    First, 49 CFR 604.4 requires all applicants for Federal financial 
assistance under Federal Transit Law, unless otherwise exempted under 
49 CFR 604.2, to enter into a ``Charter Service Agreement,'' contained 
in the Certifications and Assurances for FTA Assistance Programs. The 
Certifications and Assurances become a part of the Grant Agreement or 
Cooperative Agreement for Federal financial assistance upon receipt of 
Federal funds. The rule requires each applicant to submit one Charter 
Service Agreement for each year that the applicant intends to apply for 
the Federal financial assistance specified above.
    Second, 49 CFR 604.14(3) requires a recipient of Federal funds 
under Federal Transit Law, unless otherwise exempt, to provide email 
notification to all registered charter providers in the recipient's 
geographic service area each time the recipient receives a request for 
charter service that the recipient is interested in providing.
    Third, 49 CFR 604.12(c) requires a recipient, unless otherwise 
exempt under 49 CFR Part 604.2, to submit on a quarterly basis records 
of all instances that the recipient provided charter service.
    Fourth, 49 CFR 604.13 requires a private charter provider to 
register on FTA's Charter Registration Web site at http://ftawebprod.fta.dot.gov/CharterRegistration/ in order to qualify as a 
registered charter service provider and receive email notifications by 
recipients that are interested in providing a requested charter 
service. The rule requires that a registered charter service provider 
must update its information on the Charter Registration Web site at 
least once every two years. Currently, there are a total of 192 
registered private charter service providers. Registration has 
consistently decreased over the years.
    Lastly, 49 CFR 604.7 permits recipients to provide charter service 
to Qualified Human Service Organizations (QHSO) under limited 
circumstances. QHSOs that do not receive Federal funding under programs 
listed in Appendix A to Part 604 and seek to receive free or reduced 
rate services from recipients must register on FTA's Charter 
Registration Web site (49 CFR 604.15(a)).
    Respondents: State and local government, business or other for-
profit institutions, and non-profit institutions.
    Estimated Annual Burden on Respondents: 1.75 hours for each of the 
955 Recipient respondents, 0.5 hours for each of the 53 non-profit 
respondents, and 0.5 hours for each of the 192 for-profit respondents.
    Estimated Total Burden: 369.7 hours.
    Frequency: Annually, bi-annually, quarterly, and as required.

Matthew M. Crouch,
Associate Administrator for Administration.
[FR Doc. 2014-02421 Filed 2-5-14; 8:45 am]
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