Agency Information Collection Activity Under OMB Review, 13088-13089 [2014-04758]

Agencies

• Federal Transit Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 79, Number 45 (Friday, March 7, 2014)]
[Notices]
[Pages 13088-13089]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04758]



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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

[FTA Docket No. FTA-2014-0007]


Agency Information Collection Activity Under OMB Review

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of request for comments.

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SUMMARY: The Federal Transit Administration invites public comment 
about our intention to request the Office of Management and Budget's 
(OMB) approval to renew the following information collections:

(1) Title VI as it Applies to FTA Grant Programs
(2) Nondiscrimination as it Applies to FTA Grant Programs
(3) Charter Service Operations

    The information collected is necessary to determine eligibility of 
applicants and ensure the proper and timely expenditure of federal 
funds within the scope of each program. The Federal Register notice 
with a 60-day comment period soliciting comments was published on 
February 6, 2014 (Citation 79 FR 25). One comment was received on 
February 18, 2014. This comment is currently under FTA's review.

DATES: Comments must be submitted before April 7, 2014. A comment to 
OMB is most effective if OMB receives it within 30 days of publication.

FOR FURTHER INFORMATION CONTACT: Tia Swain, Office of Administration, 
Office of Management Planning, (202) 366-0354.

SUPPLEMENTARY INFORMATION:
    Title: Title VI as it Applies to FTA Grant (OMB Number: 2132-0540).
    Abstract: 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.
    Estimated Total Annual Burden: 5,332 hours.
    Title: Nondiscrimination as it Applies to FTA Grant Programs (OMB 
Number: 2132-0542).
    Abstract: 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.
    Estimated Total Annual Burden: 2,425 hours.
    Title: Charter Service Operations (OMB Number: 2132-0543).
    Abstract: 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 Section 604.4 requires all applicants for Federal 
financial assistance under Federal Transit Law, unless otherwise 
exempted under 49 CFR Section 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

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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 Section 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 Section 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 Section 604.13 requires a private charter provider 
to register on FTA's Charter Registration Web site at https://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 Section 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 Section 604.15(a)).
    Estimated Total Annual Burden: 369.7 hours.

ADDRESSES: All written comments must refer to the docket number that 
appears at the top of this document and be submitted to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
725--17th Street NW. Washington, DC 20503, Attention: FTA Desk Officer.
    Comments are Invited On: Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Department, including whether the information will have practical 
utility; the accuracy of the Department's estimate of the burden of the 
proposed information collection; ways to enhance the quality, utility, 
and clarity of the information to be collected; and ways to minimize 
the burden of the collection of information on respondents, including 
the use of automated collection techniques or other forms of 
information technology.

Matthew M. Crouch,
Associate Administrator for Administration.
[FR Doc. 2014-04758 Filed 3-6-14; 8:45 am]
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