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

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

23 CFR Part 230

[FHWA Docket No. 81-9]

RIN 2125-AD56

Equal Employment Opportunity on Federal and Federal-Aid

Construction Contracts (Including Supportive Services)

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Withdrawal of advance notice of proposed rulemaking.

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SUMMARY: The FHWA is withdrawing an advance notice of proposed

rulemaking (ANPRM) published on February 1, 1982, at 47 FR 4536.

Current FHWA Equal Employment Opportunity regulations include

provisions for supportive services which are intended to improve the

effectiveness of on-the-job training by Federal-aid highway

construction contractors. The 1982 ANPRM sought comments on these

supportive services provisions in an attempt to determine whether they

should be eliminated from current regulations or whether and how they

should be modified. The data and information received during the

comment period, as well as analysis initiated by the FHWA, indicate

that continuation of the provision would greatly assist in

strengthening the FHWA skills training program.

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

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

Wilbert Baccus, Office of the 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 February 1, 1982, the FHWA published an

ANPRM in the Federal Register (47 FR 4536) seeking public comment on:

(1) the effectiveness or lack of effectiveness of the provisions

currently set forth in 23 CFR 230 subpart A; (2) whether they should be

eliminated; (3) whether and how they should be restructured; and (4)

whether an interagency agreement should be sought to obtain supportive

services through the U.S. Department of Labor's Targeted Outreach

Programs. The FHWA docket received 157 comments. State transportation

agencies, contractors, contractors' associations, unions, women and

minorities organizations, and other interested parties that commented

to the docket overwhelmingly supported the continuation of the

supportive services provisions. Nevertheless, all commenters agreed

that the program needed to be restructured to effectively benefit the

FHWA skills training program. Also, none of the commenters were in

favor of entering into an interagency agreement with the U.S.

Department of Labor to administer the On-the-Job Training/Supportive

Services (OJT/SS) program.

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

increase the effectiveness of the OJT/SS program and the agency does

not propose to eliminate the OJT/SS program. Instead, the FHWA believes

that restructuring the program to permit recipients greater flexibility

in designing and implementing training programs is the most effective

way to strengthen the program.

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

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 Department of Transportation's 1982

regulatory policies and procedures. Because this action simply

withdraws a 1982 ANPRM, it will have no economic

[[Page 17265]]

effect. Therefore, a full regulatory evaluation has not been prepared.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act (Pub. L. 96-354,

5 U.S.C. 601-612), the FHWA has evaluated the effects of this rule on

small entities. The FHWA hereby certifies that this withdrawal of a

proposed 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 the withdrawal of the advance notice of proposed rulemaking will

not have sufficient federalism implications to warrant the preparation

of a federalism assessment.

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 on

Federal programs and activities apply to this program.

Paperwork Reduction Act

This advance notice of proposed rulemaking did not contain a

collection of information requirement for purposes of the Paperwork

Reduction Act of 1995, 44 U.S.C. 3501-3520.

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 et seq.) 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.

List of Subjects in 23 CFR Part 230

Equal employment opportunity, Grant programs-- transportation,

Highways and roads, Minority businesses, Reporting and recordkeeping

requirements.

(23 U.S.C. 140 and 315; 49 CFR 1.48)

Issued on: April 3, 1996.

Rodney E. Slater,

Federal Highway Administrator.

[FR Doc. 96-9560 Filed 4-18-96; 8:45 am]

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