[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Notices]
[Pages 78811-78813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25266]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2023-0061]


Request for Comment: NHTSA's Nondiscrimination Compliance Program

AGENCY: National Highway Traffic Safety Administration, Department of 
Transportation.

ACTION: Request for comment on NHTSA's Nondiscrimination Compliance 
Program.

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SUMMARY: The National Highway Traffic Safety Administration (NHTSA) is 
issuing Nondiscrimination Compliance Guidelines for NHTSA Financial 
Assistance Recipients (Nondiscrimination Guidelines). Federal financial 
assistance recipients (recipients) must comply with applicable Federal 
civil rights statutes and regulations, including Title VI of the Civil 
Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the 
Age Discrimination Act of 1975, Title IX of the Education Amendments 
Act of 1972, and their implementing regulations. Collectively, these 
laws prohibit discrimination based on race, color, national origin 
(including limited English proficiency), disability, age, and sex in 
federally funded programs or activities. NHTSA's Nondiscrimination 
Guidelines will provide guidance for recipients on how to comply with 
their Federal civil rights obligations. NHTSA is seeking input and 
comments from all traffic safety stakeholders and the public to inform 
the development of NHTSA's Nondiscrimination Guidelines, including 
methods for collecting civil rights data.

DATES: Comments should be submitted no later than January 16, 2024.

ADDRESSES: You may submit comments to the docket number identified in 
the heading of this document by any of the following methods:
     Federal eRulemaking Portal: Go to https://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 or Courier: 1200 New Jersey Avenue SE, West 
Building Ground Floor, Room W12-140, between 9 a.m. and 5 p.m. ET, 
Monday through Friday, except Federal holidays.
     Fax: 202-493-2251.
    Instructions: All submissions must include the agency name and 
Docket No. NHTSA-2023-0061. All comments received will be posted 
without change, including any personal information provided. For access 
to the docket to read background documents or comments received, go to 
https://www.regulations.gov and search for Docket No. NHTSA-2023-0061.
    Privacy Act: Anyone is able to search the electronic form for all 
comments received into USDOT's dockets by entering the name of the 
individual submitting the comment (or signing the comment, if submitted 
on behalf of an organization, association, business, or other entity). 
You may review the U.S. Department of Transportation's (USDOT) complete 
Privacy Act Statement in the Federal Register published on April 11, 
2000 (65 FR 19477) or visit https://www.transportation.gov/privacy.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov or the street 
address listed above. Follow the online instructions for accessing the 
dockets via internet.

FOR FURTHER INFORMATION CONTACT: For more information, contact Heather 
Moss, Division Chief, Title VI Compliance, Office of Civil Rights, 
National Highway Traffic Safety Administration, Telephone number: (202) 
366-0972. You may also contact NHTSA's Office of Civil Rights at 
[email protected].

SUPPLEMENTARY INFORMATION: We continue to face an urgent and 
preventable traffic fatality crisis on our Nation's roadways. The 
National Highway Traffic Safety Administration (NHTSA) and our partners 
are working to deliver accountable, efficient, and data-driven highway 
safety programs to save lives and reverse this deadly national trend. 
NHTSA's grants and cooperative agreements are key to achieving our 
collective long-term goal of zero roadway fatalities nationwide.
    As a condition of receiving Federal financial assistance (FFA), 
recipients must comply with applicable provisions of laws and policies 
prohibiting discrimination, including: \1\
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    \1\ NHTSA has also incorporated public participation and 
engagement requirements into its Uniform Procedures for State 
Highway Safety Grant Programs. 23 CFR part 1300. Pursuant to the 
Infrastructure Investment and Jobs Act, NHTSA requires that NHTSA-
funded State highway safety programs result from meaningful public 
participation and engagement from affected communities, particularly 
those most significantly impacted by traffic crashes resulting in 
injuries and fatalities. See 23 U.S.C. 402(b)(1)(B); see also id.
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     Title VI of the Civil Rights Act of 1964 (Title VI), 42 
U.S.C. 2000d et seq., which prohibits discrimination based on race, 
color, or national origin (including limited English proficiency); \2\
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    \2\ DOT 1000.12C (effective June 11, 2021) also provides policy 
guidance to USDOT Departmental Offices and Operating Administrations 
for establishing and maintaining Title VI compliance programs.
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     Section 504 of the Rehabilitation Act of 1973 (Section 
504), 29 U.S.C. 794 et seq., which prohibits discrimination based on 
disability; \3\
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    \3\ States must also comply with the Americans with Disabilities 
Act of 1990 (ADA) in all services, programs, and activities 
regardless of whether they receive Federal funds. 42 U.S.C 12131 et 
seq.
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     Age Discrimination Act of 1975 (Age Discrimination Act), 
42 U.S.C. 6101 et seq., which prohibits discrimination based on age; 
and
     Title IX of the Education Amendments Act of 1972 (Title 
IX), 20 U.S.C. 1681 et seq., which prohibits discrimination based on 
sex in education programs or activities.
    FFA includes grants and loans of Federal funds; the grant or 
donation of Federal property and interests in property; the detail of 
Federal personnel; the sale and lease of, and the

[[Page 78812]]

permission to use (on other than a casual or transient basis), Federal 
property; and any Federal agreement, arrangement, or other contract 
that has as one of its purposes the provision of assistance. See e.g., 
49 CFR 21.3.
    NHTSA's Office of Civil Rights (NCR) ensures that NHTSA and its 
recipients comply with these Federal civil rights laws that prohibit 
discrimination in federally funded programs or activities. NCR's 
administrative enforcement authority includes Title VI, Section 504, 
Age Discrimination Act, and Title IX. To fulfil its mandate, NCR 
conducts external complaint investigations and compliance reviews, 
provides technical assistance to internal and external stakeholders, 
conducts nationwide trainings, and represents NHTSA on internal and 
external workgroups and initiatives to advance Federal civil rights 
policy priorities.
    Through this request for comment (RFC), NHTSA seeks input to inform 
the development of Nondiscrimination Compliance Guidelines for NHTSA 
Financial Assistance Recipients (Nondiscrimination Guidelines). NHTSA's 
Nondiscrimination Guidelines will provide guidance for recipients on 
how to comply with their Federal civil rights obligations. NHTSA is 
publishing this RFC to engage a broad cross-section of stakeholders and 
the public. After considering and incorporating comments and 
information received from this solicitation, NHTSA intends to publish 
draft Nondiscrimination Guidelines for comment before publishing final 
guidance.
    NHTSA requests responsive comments and feedback from all interested 
parties. When responding, please specify if you are responding on 
behalf of an applicant, recipient, traffic safety organization, or 
other stakeholder, and identify the type of applicable funding (e.g., 
highway safety program grant, research-based cooperative agreement), if 
known.

I. Pre-Award Data Collection Requirements for Primary and Direct 
Recipients

    The U.S. Department of Justice's (USDOJ) Title VI Coordination 
regulations apply to all FFA-awarding agencies. 28 CFR 42. These 
regulations direct Federal agencies to publish guidelines describing 
the nature of Title VI coverage, methods of enforcement, examples of 
prohibited practices, and requirements for data collection. See 28 CFR 
42.404(a). These regulations also require that, ``[p]rior to approval 
of [FFA], the [F]ederal agency shall make written determination as to 
whether the applicant is in compliance with [T]itle VI . . . . The 
basis for such a determination . . . , shall be submission of an 
assurance of compliance and a review of the data submitted by the 
applicant.'' Id. Sec.  42.407.
    Section 42.406(d) of USDOJ's Title VI Coordination regulations 
lists the types of data that, ``to the extent necessary and appropriate 
for determining compliance with [T]itle VI,'' applicants should submit 
to and be reviewed by Federal agencies prior to granting funds. In 
addition to submitting an assurance that it will compile and maintain 
records as required, an applicant should provide: (1) notice of civil 
rights lawsuits and complaints filed against it; (2) a description of 
FFA applications that it has pending in other agencies and of other FFA 
being provided; (3) a description of recent civil rights compliance 
reviews; and (4) a statement as to whether the applicant has been found 
in noncompliance with any relevant civil rights requirements. See id. 
USDOT's Title VI implementing regulations also require recipients to 
``keep such records and submit to the Secretary timely, complete, and 
accurate compliance reports at such times, and in such form and 
containing such information, as the Secretary may determine to be 
necessary to enable [the Secretary] to ascertain whether the recipient 
has complied or is complying with this [rule].'' 49 CFR 21.9(b). 
NHTSA's Nondiscrimination Guidelines will facilitate NHTSA's pre-award 
data collection in accordance with these requirements.\4\
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    \4\ See id.; see also 49 CFR 25.605; 49 CFR 27.121(b); 45 CFR 
90.42(a).
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    NHTSA will require recipients to provide pre-award Federal civil 
rights compliance data once every three years. If a recipient's FFA 
term does not run a full three years, such a recipient will be 
obligated to provide pre-award compliance data again if they receive a 
subsequent award more than three years after the prior award.
    NHTSA requests comments and responses to the following specific 
categories of information that NHTSA will collect prior to awarding 
FFA. In providing comments and responses, please address the following 
for each category of information to be collected: (i) the processes and 
procedures required of staff who are preparing applications to obtain 
the information; (ii) the anticipated staffing, burden hours, and 
timeline required to obtain, analyze, and provide the information; 
(iii) best methods for relaying the information (e.g., fillable form, 
report template); and (iv) ways for NHTSA to enhance the quality, 
usefulness, and clarity of the information collected.
    1. List of all pending civil rights lawsuits and administrative 
complaints (including basis and status) filed under Federal law against 
the applicant/recipient that allege discrimination based on race, 
color, national origin (including limited English proficiency), 
disability, age, or sex during the last three years;
    2. List of all civil rights lawsuits and administrative complaint 
investigations decided against the applicant/recipient within the last 
three years that alleged discrimination under Federal law based on 
race, color, national origin (including limited English proficiency), 
disability, age, or sex and provide a copy or copies of applicable 
decision(s) and describe all corrective action(s) taken;
    3. List of all Federal civil rights compliance reviews of the 
applicant/recipient conducted by any Federal agency within the last 
three years, enclose copy or copies of the review(s) and any 
decision(s), order(s), or agreement(s) based on the review(s), and 
describe any corrective action(s) taken.
    4. Description of FFA applications pending in other Federal 
agencies and of other current FFA provided;
    5. Demographic information on the population served by the 
federally funded program or activity;
    6. Description of the applicant's/recipient's discrimination 
complaint process;
    7. Statement affirming that staff has been designated to coordinate 
and carry out the responsibilities for compliance with Federal civil 
rights laws, and the name, title (e.g., Title VI Coordinator, ADA 
Coordinator), description of responsibilities, and contact information 
for such staff;
    8. Whether the applicant/recipient provides initial and continuing 
public notice of its nondiscrimination policy statement and, if so, 
whether (a) the methods of notice accommodate individuals with visual 
and/or hearing disabilities, (b) the notice is posted in a prominent 
place on the applicant's/recipient's website, in the offices or 
facilities or, for educational programs and activities, in appropriate 
periodicals and other written communications; and (c) the notice 
identifies a designated civil rights coordinator;
    9. Whether the applicant/recipient has a written policy/procedure 
for individuals with disabilities to request reasonable accommodations 
to access benefits and services;
    10. Whether the applicant/recipient has a written policy/procedure 
for providing meaningful access to benefits

[[Page 78813]]

and services for persons with limited English proficiency; and
    11. Whether applicant/recipient has a plan to ensure Federal civil 
rights compliance in subrecipient programs, if any, including 
subrecipient compliance reviews.

II. Compliance Reviews

    NHTSA must also conduct periodic compliance reviews of its 
recipients. See 49 CFR 21.11(a); 49 CFR 25.605; 49 CFR 27.123(a); see 
also 45 CFR 90.42(a). Post-award reviews are conducted as desk audits 
and/or on-site visits. Because the review may cover all or a portion of 
the recipient's compliance with specific Federal civil rights laws, the 
scope of a review is defined on a case-by-case basis. NHTSA may 
summarize the results of the review in a draft compliance report, which 
will include findings of no deficiency (no corrective action 
necessary), findings of deficiency (corrective action required), and 
advisory comments, as appropriate. If findings of deficiency remain in 
the final compliance report, the recipient will be required to take 
corrective action, develop a timeline for compliance, and report its 
progress.
    NHTSA requests comments and responses to the following questions:
    1. What factors should NHTSA consider in developing a compliance 
timeline for a finding of deficiency?
    2. Is there a minimum time period for which NHTSA should monitor a 
recipient after a finding of deficiency?
    3. How frequently should NHTSA require progress reports from a 
recipient who is undertaking corrective action following a finding of 
deficiency.

III. Implementation and Additional Considerations

    1. What promising practices are NHTSA recipients--larger and 
smaller recipients, and national organizations--using to:
    a. Engage traditionally underserved communities, and how is the 
effectiveness assessed?
    b. Review policies and practices to ensure that programs and 
activities do not result in disparate impacts based on race, color, 
national origin (including limited English proficiency), disability, 
age, or sex?
    c. Ensure that individuals and communities with limited English 
proficiency have meaningful access to the recipient's programs and 
activities?
    d. Ensure effective communication with individuals with 
communication-related disabilities (e.g., visual, auditory)?
    e. Ensure that facilities are free from physical barriers to access 
for individuals with disabilities?
    f. Ensure that subrecipients comply with Federal civil rights laws?
    2. What factors should NHTSA consider when tailoring compliance 
information, requirements, and guidelines to each recipient type (e.g., 
type of funding, award size)?
    3. Should NHTSA require and collect any additional pre-award 
Federal civil rights compliance information not discussed above or 
included in applicable funding notices prior to awarding FFA? If so, 
what is that information and how should NHTSA collect it?
    4. What considerations and benchmarks (e.g., formula grant 
application deadlines, budgetary phases) should NHTSA incorporate into 
the implementation timeline for its Nondiscrimination Guidelines?
    5. What specific subject matter technical assistance and trainings 
would help to ensure that recipients fulfill their Federal civil rights 
obligations?
    6. What additional supports (e.g., webinars, internet-accessible 
information on NHTSA's web page, subject-specific resource lists, 
factsheets, checklists, templates, sample notices and forms, 
illustrative analysis) will assist applicants and recipients in 
fulfilling the requirements of NHTSA's proposed Nondiscrimination 
Guidelines?
    The information collection described in this RFC is necessary to 
successfully maintain a robust and meaningful civil rights compliance 
program. NHTSA welcomes any additional feedback related to Federal 
civil rights compliance and NHTSA's forthcoming Nondiscrimination 
Guidelines, including topics not specifically referenced above. NHTSA 
invites comments regarding the time burden and costs of proposed data 
collections.
    All interested parties are encouraged to respond to this RFC. 
Submissions are strictly voluntary. Individuals or entities responding 
to this RFC should state their role as well as knowledge of and 
experience with Federal civil rights compliance and community 
engagement. NHTSA may request additional clarifying information from 
any or all respondents. If a respondent does not wish to be contacted 
by NHTSA for additional information, it should include a corresponding 
statement to that effect in the response. All information submitted 
should be unclassified and should not contain proprietary information. 
Although NHTSA will review and consider all responses to this RFC, 
NHTSA will not officially respond to the information received.
    Comments may be submitted and viewed at Docket No. NHTSA-2023-0061 
at https://www.regulations.gov.

    Issued in Washington, DC.
Regina Morgan,
Director, NHTSA Office of Civil Rights.
[FR Doc. 2023-25266 Filed 11-15-23; 8:45 am]
BILLING CODE 4910-59-P