[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Notices]
[Pages 36642-36645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11806]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2023-0087]


Department of Transportation Equity Action Plan Update

AGENCY: Office of the Secretary (OST), Department of Transportation 
(DOT).

ACTION: Request for information.

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SUMMARY: The Office of the Secretary of Transportation (OST) invites 
public comment regarding how our work to advance equity has impacted 
organizations and communities, as well as input on performance metrics, 
data sets, tools, and research to measure and advance transportation 
equity. The responses to this RFI will help the Department understand 
the impact of our equity activities to date and inform

[[Page 36643]]

what equity-related activities and performance metrics we prioritize 
through the 2023 update to DOT's Equity Action Plan.

DATES: Comments are requested by June 30, 2023. See the SUPPLEMENTARY 
INFORMATION section on ``Public Participation,'' below, for more 
information about written comments.
    Written Comments: Responses to this RFI are voluntary and may be 
submitted anonymously. Comments should refer to the docket number above 
and be submitted by one of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: 1200 New Jersey Avenue SE, West Building 
Ground Floor, Room W12-140, Washington, DC, between 9 a.m. and 5 p.m. 
ET, Monday through Friday, except Federal Holidays.
    Instructions: For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Public 
Participation heading of the SUPPLEMENTARY INFORMATION section of this 
document. Note that all comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided.
    Privacy Act: Except as provided below (``confidential business 
information''), all comments received into the docket will be made 
public in their entirety. The comments will be searchable by the name 
of the individual submitting the comment (or signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You should not include information in your comment that you do not want 
to be made public. You may review DOT's complete Privacy Act Statement 
in the Federal Register published on April 11, 2000 (65 FR 19477-78) or 
at https://www.transportation.gov/privacy.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov or to the street 
address listed above. Follow the online instructions for accessing the 
dockets.

FOR FURTHER INFORMATION CONTACT: Please email [email protected] or contact 
Ariel Gold at 202-695-6833 with questions. Office hours are from 8 a.m. 
to 5 p.m. EDT, Monday through Friday, except for Federal holidays.

SUPPLEMENTARY INFORMATION: Through this Request for Information (RFI), 
the Department solicits input from the public regarding: how our work 
to advance equity has impacted organizations and communities; related 
partnerships and external activities; performance measures to measure 
and advance transportation equity; and data sets, research, and tools 
to help advance transportation equity. Specifically, the Department 
seeks responses to the questions outlined in the ``Questions to the 
Public'' section below.
    The DOT Strategic Plan (available at https://www.transportation.gov/dot-strategic-plan) is a roadmap for the 
Department's implementation of six strategic goals, one of which is 
Equity. The Equity strategic goal states that the Department will 
``reduce inequities across our transportation systems and the 
communities they affect'' and ``support and engage people and 
communities to promote safe, affordable, accessible, and multimodal 
access to opportunities and services while reducing transportation-
related disparities, adverse community impacts, and health effects.''
    In response to Executive Order (E.O.) 13985, Advancing Racial 
Equity and Support for Underserved Communities Through the Federal 
Government (https://www.federalregister.gov/documents/2021/01/25/2021-01753/advancing-racial-equity-and-support-for-underserved-communities-through-the-federal-government), the Department developed the DOT 
Equity Action Plan (https://www.transportation.gov/priorities/equity/equity-action-plan). It highlights key actions that the Department will 
undertake to expand access and opportunity to all communities while 
focusing on underserved, overburdened, and disadvantaged communities. 
The actions fall under four focus areas--Wealth Creation; Power of 
Community; Proactive Intervention, Planning, and Capacity Building; and 
Expanding Access. The DOT Equity Action Plan brings focus and 
accountability to the Department's Equity strategic goal.
    The Bipartisan Infrastructure Law (BIL; enacted November 15, 2021) 
and Inflation Reduction Act (IRA; enacted August 16, 2022) make 
historic investments in the transportation sector, improving public 
safety and climate resilience, creating jobs across the country, and 
delivering a more equitable future. The Department is committed to 
reducing barriers to opportunity through the implementation of BIL and 
IRA, including through actions described in our Equity Action Plan.
    E.O. 14091, Further Advancing Racial Equity and Support for 
Underserved Communities Through the Federal Government (https://www.federalregister.gov/documents/2023/02/22/2023-03779/further-advancing-racial-equity-and-support-for-underserved-communities-through-the-federal), directs all federal agencies to update their 
Equity Action Plans by September 2023, and on an annual basis 
thereafter. Specifically, the update should include: the progress made 
by the agency on the actions, performance measures, and milestones 
highlighted in the preceding year's Equity Action Plan; potential 
barriers that underserved communities may face; strategies to address 
those barriers, and a description of how the agency intends to 
meaningfully engage with underserved communities.
    Government-wide definitions of (a) equity, (b) underserved 
communities, and (c) disadvantaged communities have been established 
via Executive Order(s). DOT has adopted these government-wide 
definitions for the purpose of this RFI and our Equity Action Plan:
    (a) The term ``equity'' means the consistent and systematic 
treatment of all individuals in a fair, just, and impartial manner, 
including individuals who belong to communities that often have been 
denied such treatment, such as Black, Latino, Indigenous and Native 
American, Asian American, Native Hawaiian, and Pacific Islander persons 
and other persons of color; members of religious minorities; women and 
girls; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; 
persons with disabilities; persons who live in rural areas; persons who 
live in United States Territories; persons otherwise adversely affected 
by persistent poverty or inequality; and individuals who belong to 
multiple such communities. [Source: E.O. 14091]
    (b) The term ``underserved communities'' refers to those 
populations [included in the definition of ``equity''] as well as 
geographic communities that have been systematically denied the 
opportunity to participate fully in aspects of economic, social, and 
civic life, as defined in E.O. 13985. [Source: E.O. 14091]
    (c) The term ``disadvantaged community'' refers to a community that 
experiences disproportionately high and adverse health, environmental, 
climate related, economic, and other cumulative impacts. [Source: E.O. 
14008, Tackling the Climate Crisis at Home and Abroad, https://
www.federalregister.gov/documents/2021/02/01/2021-02177/

[[Page 36644]]

tackling-the-climate-crisis-at-home-and-abroad]
    In addition, DOT has adopted the following definitions of (d) 
overburdened community and (2) for the purpose of this RFI and our 
Equity Action Plan:
    (d) The term ``overburdened community'' refers to minority, low-
income, tribal, or Indigenous populations or geographic locations in 
the United States that potentially experience disproportionate 
environmental and/or safety harms and risks. This disproportionality 
can be a result of greater vulnerability to environmental hazards, 
heightened safety risks, lack of opportunity for public participation, 
or other factors. [Source: https://www.epa.gov/environmentaljustice/ej-2020-glossary]
    (e) The term ``meaningful public involvement'' refers to a process 
that proactively seeks full representation from the community, 
considers public comments and feedback, and incorporates that feedback 
into a project, program, or plan. [Source: https://www.transportation.gov/public-involvement]
    The responses to this RFI will help the Department understand the 
impact of our equity activities to date and inform what efforts we 
prioritize as we update DOT's Equity Action Plan. Through this request, 
the Department seeks information from stakeholders in public agencies, 
academic researchers involved in the study of equity in transportation 
decision-making, advocacy, community-based organizations, and not-for-
profit institutions and individuals working in the transportation 
sector or the field of equity, and State, local, Tribal, and 
territorial areas, and the public.
    The Department plans to host two public engagements, on June 20 and 
June 23, 2023, to discuss the topics covered in this RFI. Participation 
in these events is not required in order to respond to this RFI. Please 
visit our website for more information and to register for these 
events: https://www.transportation.gov/priorities/equity/events.

Equity Performance Metrics, Data Sets, Tools, and Research

    1. Consider the equity-related performance measures in the 
Department's Fiscal Year (FY) 2024 Performance Plan and FY 2022 
Performance Report, as summarized at https://www.transportation.gov/priorities/equity/equity-strategic-goal.
    (a) Which of DOT's equity-related performance measures do you think 
are most relevant to accomplishing the goals that are most important to 
you, and why? This could help inform which performance measures we 
focus on achieving through the Equity Action Plan.
    (b) DOT's performance measures are national-level measures. Which 
of DOT's equity-related performance measures can be helpful to 
influence and advance equity at a local level? Please provide examples, 
where available.
    2. Through previous requests for information and other engagements, 
the Department has identified data sets, research, and tools to help 
assess and address systemic barriers to opportunities and benefits for 
underserved communities through our programs and policies. For example, 
this includes the May 2021 Request for Information on Transportation 
Data and Assessment Methods (available at https://www.regulations.gov/document/DOT-OST-2021-0056-0001) and the February 2023 Request for 
Information on US DOT Equitable Transportation Community Explorer 
(ETCE) Tool and Index Methodology that supports the Administration's 
Justice 40 initiative (available at https://www.federalregister.gov/documents/2023/02/21/2023-03396/request-for-information-on-us-dot-equitable-transportation-community-explorer-etce-tool-and-index).
    (a) What recent data sets, research, or tools that have been 
published should U.S. DOT consider to inform updates to the next phase 
of our equity work, including assessing and addressing transportation-
related disparities? Information submitted via the RFIs listed above 
does not need to be resubmitted through this RFI.
    (b) What are some areas where you need more robust data sets, data 
standards, guides, or other tools to help you influence and advance 
equity at a more local level (e.g., State, Territory, Tribal nation, 
Region, County, City, Community)?

Examples of Impacts and Partnerships

    3. Please provide examples of how you or the organization that you 
represent have taken action or partnered with other entities, either 
governmental or non-governmental, to influence and advance 
transportation equity. Where possible, please briefly explain how your 
example reflects the Department's focus areas (i.e., Expanding Access; 
Wealth Creation; Power of Community; Proactive Intervention, Planning, 
and Capacity Building).
    4. Please provide examples where you see the Department's work to 
advance equity has impacted your organization or community, including 
the extent to which you have seen equity incorporated into DOT's 
implementation of the Bipartisan Infrastructure Law and Inflation 
Reduction Act. Where possible, please briefly explain how your example 
reflects the Department's focus areas (i.e., Expanding Access; Wealth 
Creation; Power of Community; Proactive Intervention, Planning, and 
Capacity Building).
    The Department plans to host two public engagements, on June 20 and 
June 23, 2023, to discuss the topics covered in this RFI. Participation 
in these events is not required in order to respond to this RFI. Please 
visit our website for more information and to register for these 
events: https://www.transportation.gov/priorities/equity/events.

Public Participation

How do I prepare and submit comments?

    To ensure that your comments are filed correctly, please include 
the docket number of this document (DOT-OST-2023-0087) in your 
comments.
    Please submit one copy (two copies if submitting by mail or hand 
delivery) of your comments, including any attachments, to the docket 
following the instructions given above under ADDRESSES. Please note, if 
you are submitting comments electronically as a PDF (Adobe) file, we 
ask that the documents submitted be scanned using an Optical Character 
Recognition (OCR) process, thus allowing the Agency to search and copy 
certain portions of your submissions.

How do I submit confidential business information?

    Any submissions containing Confidential Information must be 
delivered to DOT in the following manner:
     Submitted in a sealed envelope marked ``confidential 
treatment requested'';
     Document(s) or information that the submitter would like 
withheld from the public docket should be marked ``PROPIN'';
     Accompanied by an index listing the document(s) or 
information that the submitter would like the Departments to withhold. 
The index should include information such as numbers used to identify 
the relevant document(s) or information, document title and 
description, and relevant page numbers and/or section numbers within a 
document; and
     Submitted with a statement explaining the submitter's 
grounds for

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objecting to disclosing the information to the public.
    DOT will treat such marked submissions as confidential under the 
FOIA and not include them in the public docket. DOT also requests that 
submitters of Confidential Information include a non-confidential 
version (either redacted or summarized) of those confidential 
submissions in the public docket. If the submitter cannot provide a 
non-confidential version of its submission, DOT requests that the 
submitter post a notice in the docket stating that it has provided DOT 
with Confidential Information. Should a submitter fail to docket either 
a non-confidential version of its submission or to post a notice that 
Confidential Information has been provided, we will note the receipt of 
the submission on the docket, with the submitter's organization or name 
(to the degree permitted by law) and the date of submission.

Will the Agency consider late comments?

    DOT will consider all comments received before the close of 
business on the comment closing date indicated above under DATES. To 
the extent practicable, the Agency will also consider comments received 
after that date.

How can I read the comments submitted by other people?

    You may read the comments received at the address given above under 
WRITTEN COMMENTS. The hours of the docket are indicated above in the 
same location. You may also see the comments on the internet, 
identified by the docket number at the heading of this notice, at 
http://www.regulations.gov.
    Please note, this RFI is a planning document and will serve as 
such. The RFI should not be construed as policy, a solicitation for 
applications, or an obligation on the part of the government.

    Issued in Washington, DC, on May 30, 2023.
Christopher Coes,
Assistant Secretary for Transportation Policy, Department of 
Transportation.
[FR Doc. 2023-11806 Filed 6-2-23; 8:45 am]
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