Equal Employment Opportunity on Federal and Federal-Aid Construction Contracts (Including Supportive Services); Report Requirements

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 230

[FHWA Docket No. 82-19]

RIN 2125-AB15

Equal Employment Opportunity on Federal and Federal-Aid

Construction Contracts (Including Supportive Services); Report

Requirements

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Final rule; technical amendments.

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SUMMARY: This document amends the current regulation on recordkeeping

and reporting requirements for on-the-job training on Federal-aid

construction contracts which require contractors to submit Form FHWA-

1409, Federal-Aid Highway Construction Contractor's Semi-Annual

Training Report, and State highway agencies to complete and submit Form

FHWA-1410, Federal-Aid Highway Construction Semi-Annual Training

Report. This amendment eliminates these reporting requirements in order

to reduce the administrative burden on contractors as well as States.

Additionally, the Office of Management and Budget approval for these

forms under the Paperwork Reduction Act has lapsed, and as a matter of

common industry practice, compliance by construction contractors and

States is not required.

EFFECTIVE DATE: May 3, 1996.

FOR FURTHER INFORMATION CONTACT: Linda J. Brown, Chief, Policy and

Program Development Division, Office of Civil Rights, 202-366-0471, or

Will Baccus, Office of Chief Counsel, 202-366-1396, Federal Highway

Administration, 400 Seventh Street, SW., Washington, D.C. 20590. Office

hours are from 7:45 a.m. to 4:15 p.m., e.t., Monday through Friday,

except Federal holidays.

SUPPLEMENTARY INFORMATION: On November 22, 1982, the FHWA published an

NPRM in the Federal Register (47 FR 52470). The rulemaking sought

comments on the elimination of unnecessary and burdensome recordkeeping

requirements being imposed on State highway agencies and construction

contractors. The data and information received during the comment

period and analysis initiated by the FHWA indicate that elimination of

the reporting requirement regarding on- the-job training on Federal-aid

construction contracts (23 CFR 230.121(d)(1) and (2)) would not

adversely impact other areas of the equal opportunity program as these

reports are not used for any related purpose e.g., contract compliance

determination or compilation of any report on the status of civil

rights programs.

Twenty-nine comments were submitted to the docket. State

transportation agencies, contractors, contractors associations, unions,

and other interested parties that commented to the docket

overwhelmingly supported the elimination of these recordkeeping and

reporting requirements. Also, current industry practice reflect the

views of the commenters regarding the

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elimination of these recordkeeping and reporting requirements.

The FHWA agrees with the commenters since FHWA's goal is to avoid

imposing undue administrative burdens on the State highway agencies and

contractors while carrying out its equal opportunity program

responsibilities. The FHWA believes that amendment would have a

positive economic impact on contractors and State highway agencies as

well as the FHWA itself.

Additionally, the FHWA has convened an implementation team on civil

rights regulations. The team consists of representatives from FHWA's

headquarters and field offices, whose goal is to review, streamline,

and simplify civil rights regulations and to integrate civil rights

requirements with other program requirements. As a result of the team

effort, an NPRM will be published in 1996 to solicit comments on the

proposed revisions to the civil rights regulations.

Rulemaking Analyses and Notices

The NPRM upon which this final action is in part based was

published in 1982. The FHWA believes that further notice and

opportunity to comment are not necessary because the comments received

support elimination of these recordkeeping requirements, the common

practice now is not to require compliance with these requirements, and

removal of these requirements is consistent with the requirements of

the Paperwork Reduction Act and the President's Regulatory Reinvention

Initiative to reduce regulatory burdens.

Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

The FHWA has determined that this action is not a significant

regulatory action within the meaning of Executive Order 12866 or

significant within the meaning of the Department of Transportation's

regulatory policies and procedures. This rulemaking would result in the

elimination of FHWA regulations requiring contractors and State highway

agencies to submit semi-annual reports regarding on-the-job training.

This rulemaking eliminating these regulations will lessen an economic

burden imposed on these entities by these recordkeeping and reporting

requirements, but it will not cause any significant changes to the

amount of funding available to the State highway agencies. Thus, it is

anticipated that the economic impact of this rulemaking will be

minimal. In addition, it will not create a serious inconsistency with

any other agency's action or materially alter the budgetary impact of

any entitlement, grants, user fees, or loan programs; nor will

elimination of these regulations raise any novel legal or policy

issues. Therefore, a full regulatory evaluation is not required.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-

612), the FHWA has evaluated the effects of this rule on small

entities. Repeal of the recordkeeping and reporting requirements that

are the subject of this rulemaking will eliminate an administrative

burden currently being imposed on State highway agencies and

construction contractors. Some of these contractors most likely qualify

as ``small entities'' as defined in section 601 of the Regulatory

Flexibility Act. However, we believe that the lessening of the

administrative burden that will result from this rulemaking will not

result in a significant economic impact on these small entities. Thus,

the FHWA hereby certifies that this regulatory action will not have

significant economic impact on a substantial number of small entities.

Executive Order 12612 (Federalism Assessment)

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it has been determined

that this rule will not have sufficient federalism implications to

warrant the preparation of a federalism assessment. Elimination of

these recordkeeping and reporting requirements will not preempt any

State law or State regulation. No additional costs or burdens would be

imposed on the States as a result of this action, and the States'

ability to discharge traditional State governmental functions would not

be affected by this rulemaking.

Executive Order 12374 (Intergovernmental Review)

Catalog of Federal Domestic Assistance Program Number 20.205,

Highway Planning and Construction. The regulations implementing

Executive Order 12372 regarding intergovernmental consultation of

Federal programs and activities apply to this program.

Paperwork Reduction Act

This action does not contain a collection of information

requirement for purposes of the Paperwork Reduction Act of 1995, 44

U.S.C. 3501-3520. In fact, this rulemaking eliminates two information

collection requirements.

National Environmental Policy Act

The agency has analyzed this action for the purpose of the National

Environmental Policy Act of 1969 (42 U.S.C. 4321-4347) and has

determined that this action would not have any effect on the quality of

the environment.

Regulation Identification Number

A regulation identification number (RIN) is assigned to each

regulatory action listed in the Unified Agenda of Federal Regulations.

The Regulatory Information Service Center publishes the Unified Agenda

in April and October of each year. The RIN contained in the heading of

this document can be used to cross reference this action with the

Unified Agenda.

Lists of Subjects in 23 CFR Part 230

Equal employment opportunity, Grant programs-- transportation,

Highways and roads, Minority businesses, Reporting and recordkeeping

requirements.

Issued on: March 25, 1996.

Rodney E. Slater,

Federal Highway Administrator.

In consideration of the foregoing, the FHWA amends title 23, Code

of Federal Regulations, part 230 as set forth below.

PART 230--EXTERNAL PROGRAMS

1. The authority citation for part 230 is combined at the part

level and revised to read as follows and all other authority citations

which appear throughout part 230 are removed:

Authority: 23 U.S.C. 101, 140, and 315; 42 U.S.C. 2000d et seq.;

49 CFR 1.48 and 60-1.

Sec. 230.121 [Amended]

2. In Sec. 230.121, paragraph (d) is removed and reserved.

Appendices E and F to Subpart A [Removed and reserved]

3. In part 230, subpart A, Appendices E and F are removed and

reserved.

[FR Doc. 96-8159 Filed 4-2-96; 8:45 am]

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