[Federal Register Volume 60, Number 8 (Thursday, January 12, 1995)]
[Rules and Regulations]
[Pages 2889-2892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-753]
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
49 CFR Part 1
[OST Docket No. 1; Amdt. 265]
Organization and Delegation of Powers and Duties Delegations to
the Director of the Departmental Office of Civil Rights
AGENCY: Office of the Secretary, DOT.
ACTION: Final rule.
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SUMMARY: This document contains a delegation of authority to the
Director of the Departmental Office of Civil Rights (DOCR) to conduct
all stages of the Department's formal internal discrimination complaint
process and to provide policy guidance concerning the implementation
and enforcement of all civil rights laws, regulations and executive
orders for which the Department of Transportation (DOT or the
Department) is responsible. This document also amends the delegation of
authority to DOT Administrators relating to internal civil rights
functions since, with the exception of certain responsibilities related
to the resolution of informal complaints of discrimination within DOT
operating administrations, these functions are being transferred to the
Director of DOCR. There are no substantive changes to the DOCR's
functions with respect to the Department's external civil rights
programs. The language changes dealing with external programs are only
designed to more clearly state existing authority and practice.
EFFECTIVE DATE: This rule becomes effective on January 12, 1995.
FOR FURTHER INFORMATION CONTACT: Debra J. Rosen, Office of the
Assistant General Counsel for Environmental, Civil Rights and General
Law at (202) 366-9167 or Steven B. Farbman, Office of the Assistant
General Counsel for Regulation and Enforcement at (202) 366-9306,
Department of Transportation, 400 7th Street SW., Washington, DC 20590.
SUPPLEMENTARY INFORMATION: Consistent with a provision in the
Department of Transportation and Related Agencies Appropriations Act,
1995, Public Law 103-331, the Secretary of Transportation approved the
consolidation of internal civil rights functions within the Department.
Under the consolidation plan, all functions relating to the processing
of formal administrative complaints of employment discrimination filed
by Department employees and applicants for federal employment with the
Department are assigned to the DOCR. Thus, it is necessary to amend the
relevant parts of the CFR to reflect these new authorities.
49 CFR Part 1 describes the organization of DOT and provides for
the performance of duties imposed upon, and the exercise of powers
vested in, the Secretary of Transportation by law. Section 1.23
describes the spheres of primary responsibility within DOT and is being
revised to reflect the new responsibilities assigned to the DOCR and to
clarify the DOCR's existing responsibilities. Amended section 1.23
states that the DOCR is responsible for conducting all stages of the
formal internal discrimination complaint process. In addition, the DOCR
is responsible for providing policy guidance within the Department
concerning the implementation and enforcement of all civil rights laws,
regulations and executive orders for which the Department is
responsible, and for reviewing and evaluating the civil rights programs
of the Department's operating administra- tions (OAs). Finally, amended
section 1.23 states that the Director of the DOCR serves as the
Department's Equal Employment Opportunity Officer and Title VI
Coordinator.
Currently, section 1.45(a)(10) delegates authority to the
Administrators of the DOT operating administrations to accept or reject
internal complaints of discrimination by their respective employees and
applicants for employment on the basis of race, color, religion, sex,
national origin, or age arising within their organizations. Under the
consolidation, the OAs (including the Coast Guard) will retain
responsibility for resolving informal complaints of discrimination
[[Page 2890]] arising within their organizations as well as for
developing and implementing affirmative action and diversity plans
within their organizations, but will no longer be involved once a
complaint reaches the formal process. Each Administrator and the
Assistant Secretary for Administration, in the case of the Office of
the Secretary, retains his/her existing responsibilities for appointing
Equal Opportunity Counselors within his/her organization and assuring
that the Equal Opportunity Counseling program is carried out in an
effective manner. This paragraph is amended to reflect the OA's revised
responsibilities. OAs will also retain their current responsibility for
representing management during the various stages of the formal
internal complaint process. Similarly, language has been added to
section 1.54 delegating authority to Secretarial Officers (including
the Inspector General) to resolve informal complaints of discrimination
arising within their respective organizations and develop and implement
affirmative action and diversity plans within their respective
organizations.
Section 1.59 currently delegates authority to the Assistant
Secretary for Administration to carry out a number of civil rights
responsibilities. These authorities are: development and implementation
of an affirmative action plan in the Office of the Secretary to assure
equal employment opportunity (section 1.59(b)(2)); reviewing proposals
of the Office of the Secretary for each new appointment or transfer to
assure compliance with the Action Plan for Equal Opportunity for the
Office of the Secretary (section 1.59(b)(5)(ii)); and acceptance or
rejection of internal complaints of discrimination on the basis of
race, color, religion, sex, national origin, or age arising within or
relating to the Office of the Secretary (section 1.59(j)). Since, as
described above, this rulemaking delegates authority to each
Secretarial Officer to develop and implement affirmative action and
diversity plans within their respective organizations, sections
1.59(b)(2) and 1.59(b)(5)(ii) are no longer needed and these
delegations are hereby withdrawn. Similarly, as described above, DOCR
is now responsible for conducting all stages of the formal internal
complaint process, the delegation to the Assistant Secretary for
Administration concerning the acceptance or rejection of internal
complaints of discrimination is hereby revoked.
This rulemaking adds new section 1.70 to 49 CFR Part 1, delegating
to the Director of the DOCR the authority to conduct all stages of the
Department's formal internal discrimination complaint process and
confirming the DOCR's long-standing responsibility to provide policy
guidance concerning the implementation and enforcement of all civil
rights laws, regulations and executive orders for which the Department
is responsible, to otherwise perform activities to ensure compliance
with external civil rights programs, and to review and evaluate their
implementation.
The Department's external civil rights programs are largely carried
out by the operating administrations, under the general policy guidance
of the DOCR. Also, the Departmental Office of Small and Disadvantaged
Business Utilization provides primary policy direction for the
Department's minority and disadvantaged business enterprise (DBE)
program. Thus, this rule emphasizes that the DOCR is to work
cooperatively with the OAs and other Department components in
developing guidance and otherwise carrying out its responsibilities for
these external civil rights programs in accordance with statutes,
regulations, and executive orders of general applicability and DOT-
specific statutes administered by these organizations.
The applicable laws covered by the delegation to the DOCR are
numerous and are listed in the delegation. In addition to well
recognized civil rights laws such as Titles VI and VII of the Civil
Rights Act of 1964, as amended, the delegation covers such laws as the
Alcohol, Drug Abuse and Mental Health Administration Reorganization
Act, 42 U.S.C. 290dd(b), which provides that no person is to be denied
or deprived of Federal civilian employment or a Federal professional or
other license or right solely on the grounds of prior substance abuse,
except as otherwise provided; the Equal Pay Act of 1963, which
prohibits employers with employees subject to the Fair Labor Standards
Act from discriminating against these employees on the basis of sex in
the payment of wages; The Department of Transportation Coast Guard
Military Justice Manual, CG-488, Part 700-9, which authorizes members
of the Coast Guard to file EEO complaints of discrimination; and the
Federal Property and Administrative Services Act of 1949, 40 U.S.C. 471
and 476, which provide that no individual shall be subjected to sexual
discrimination under any program or activity receiving Federal funds
under the Act.
The delegation also covers the following DOT-specific statutes
which are administered by the OAs. While the OAs will continue to
administer their respective statutes, including authorities
specifically delegated to Administrators pursuant to regulation or DOT
Order, the DOCR retains its long-standing authority to provide policy
guidance to the OAs concerning the implementation and enforcement of
these statutes and to review and evaluate the OAs' programs under these
statutes: 49 U.S.C. 47113 and 47123 (formerly section 505(f),
511(a)(17), and 520 of the Airport and Airway Improvement Act of 1982,
as amended), which concern nondiscrimination and minority and DBE
participation in projects funded under chapter 471 of title 49, United
States Code; 49 U.S.C. 47107(e) (formerly sections 511(a)(17) and
511(h) of the Airport and Airway Improvement Act of 1982, as amended),
which concerns DBE participation in airport concessions pursuant to an
agreement with a sponsor that has received a grant for airport
development under chapter 471 of title 49, United States Code; 49
U.S.C. 41705 (formerly the Air Carrier Access Act of 1986, as amended),
which prohibits discrimination by an air carrier against any otherwise
qualified handicapped individual by reason of such handicap; 49 U.S.C.
5310 (formerly section 16 of the Federal Transit Act, as amended),
which concerns planning and design of mass transportation facilities to
meet special needs of elderly persons and persons with disabilities; 49
U.S.C. 5332 (formerly section 19 of the Federal Transit Act, as
amended), which concerns nondiscrimination in programs or activities
receiving financial assistance under chapter 53 of title 49, United
States Code; the Federal-Aid Highway Act, as amended, 23 U.S.C. 140 and
324, which concern nondiscrimination in Federally funded highway
programs; the Highway Safety Act of 1966, as amended, 23 U.S.C.
402(b)(1)(D), which concerns access for physically handicapped persons
at pedestrian crosswalks in state highway safety programs; 49 U.S.C.
306, which prohibits discrimination under any program, project or
activity receiving financial assistance under certain provisions of the
Regional Rail Reorganization Act of 1973 or the Railroad Revitalization
and Regulatory Reform Act of 1976; and the Intermodal Surface
Transportation Efficiency Act of 1991, Pub. L. 102-240, 105 Stat. 1919,
section 1003, which authorizes the DBE program for surface
transportation programs.
Since this rule relates to departmental management, organization,
procedure, and practice, notice and public [[Page 2891]] comment are
unnecessary. For the same reason, good cause exists for not publishing
this rule at least 30 days before its effective date, as is ordinarily
required by 5 U.S.C. 553(d). Therefore, this rule is effective on the
date of its publication.
List of Subjects in 49 CFR Part 1
Authority delegations (Government agencies) Organization and
functions (Government agencies).
In consideration of the foregoing, and under the authority of 49
U.S.C. 322, Part 1 of Title 49 Code of Federal Regulations is amended
as follows:
PART 1--[AMENDED]
1. The authority citation for part 1 continues to read as follows:
Authority: 49 U.S.C. 322; Pub. L. 101-552; 28 U.S.C. 2672; 31
U.S.C. 3711(a)(2).
2. 49 CFR Subtitle A is amended as follows:-
a. Section 1.23 is amended by revising paragraph (l) to read as
follows:
Sec. 1.23 Spheres of primary responsibility.
* * * * *
(l) Departmental Office of Civil Rights. The Director of the
Departmental Office of Civil Rights serves as the Department's Equal
Employment Opportunity (EEO) Officer and Title VI Coordinator. The
Director also serves as principal advisor to the Secretary and the
Deputy Secretary on the civil rights and nondiscrimination statutes,
regulations, and executive orders applicable to the Department,
including titles VI and VII of the Civil Rights Act of 1964, as
amended, the Age Discrimination in Employment Act of 1967, as amended,
the Age Discrimination Act of 1975, as amended, section 504 of the
Rehabilitation Act of 1973, as amended, the Americans with Disabilities
Act of 1990, and the Equal Pay Act of 1963. The Office of Civil Rights
also provides policy guidance to the operating administrations and
Secretarial officers on these matters. Also, the Office periodically
reviews and evaluates the civil rights programs of the operating
administrations to ensure that recipients of DOT funds meet applicable
Federal civil rights requirements.
* * * * *
b. Section 1.45 is amended by revising paragraph (a)(10) to read as
follows:
Sec. 1.45 Delegations to all Administrators.
(a)* * *
(10) Exercise the authority of the Secretary to resolve informal
allegations of discrimination arising in or relating to their
respective organizations through Equal Employment Opportunity
counseling or the Alternative Dispute Resolution process and to develop
and implement affirmative action and diversity plans within their
respective organizations. With regard to external civil rights
programs, each Administrator exercises authority pursuant to statutes,
regulations, executive orders, or delegations in subpart C of this Part
to carry out these programs, under the general policy guidance of the
Director of the Departmental Office of Civil Rights, including
conducting compliance reviews and other activities relating to the
enforcement of these statutes, regulations, and executive orders.
* * * * *
c. Section 1.54 is amended by adding a new paragraph (b)(11) to
read as follows:
Sec. 1.54 Delegations to all Secretarial Officers.
* * * * *
(b)* * *
(11) Exercise the authority of the Secretary to resolve informal
allegations of discrimination arising in or relating to their
respective organizations through Equal Employment Opportunity
counseling or the Alternative Dispute Resolution process and to develop
and implement affirmative action and diversity plans within their
respective organizations.
d. Section 1.59 is amended as follows:
1. Paragraph (b)(2) is removed and paragraphs (b) (3) through (9)
are redesignated as paragraphs (b) (2) through (8) respectively.-
2. Redesignated paragraph (b)(4)(ii) is removed and reserved.
3. Paragraph (j) is removed and paragraph (k) through (q) are
redesignated as (j) through (p), respectively.
e. A new Sec. 1.70 is added to read as follows:
Sec. 1.70 Delegations to the Director of the Departmental Office of
Civil Rights.
The Director of the Departmental Office of Civil Rights is
delegated authority to conduct all stages of the formal internal
discrimination complaint process (including the acceptance or rejection
of complaints); to provide policy guidance to the operating
administrations and Secretarial officers concerning the implementation
and enforcement of all civil rights laws, regulations and executive
orders for which the Department is responsible; to otherwise perform
activities to ensure compliance with external civil rights programs;
and to review and evaluate the operating administrations' enforcement
of these authorities.
These authorities include: -
(a) Title VII of the Civil Rights Act of 1964, as amended, 42
U.S.C. 2000e et seq.
(b) Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C.
2000d et seq.-
(c) Section 504 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. 794 and 794a.
(d) Section 501 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. 791.
(e) Age Discrimination in Employment Act of 1967, as amended, 29
U.S.C. 621 et seq.-
(f) Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101.-
(g) Americans with Disabilities Act of 1990, Pub. L. No. 101-336,
104 Stat. 327 (1990) (codified at 42 U.S.C. 12101-121213).-
(h) Equal Pay Act of 1963 (enacted as section 6(d) of the Fair
Labor Standards Act of 1938, 29 U.S.C. 206(d)).-
(i) Alcohol, Drug Abuse, and Mental Health Administration
Reorganization Act, 42 U.S.C. 290dd(b).-
(j) 29 CFR Parts 1600 through 1691 (Equal Employment Opportunity
Commission Regulations).-
(k) Department of Transportation Coast Guard Military Justice
Manual, CG-488, Part 700-9 (Civil Rights Complaints).-
(l) Title VIII of the Civil Rights Act of 1968, as amended, 42
U.S.C. 3601 et seq. (fair housing provisions).-
(m) The Federal Property and Administrative Services Act of 1949,
40 U.S.C. 476.-
(n) Title IX of the Education Amendments Act of 1972, 20 U.S.C.
1681.--
(o) Executive Order No. 12898, Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations. (In coordination with the Assistant Secretary for
Transportation Policy.)-
(p) 49 U.S.C. 47113, 47107, and 47123 (formerly sections 505(f),
511(a)(17), and 520 of the Airport and Airway Improvement Act of 1982,
as amended).
(q) 49 U.S.C. 41705 (formerly the Air Carrier Access Act of 1986,
as amended).-
(r) The Federal-Aid Highway Act, as amended, 23 U.S.C. 140 and
324.-
(s) 49 U.S.C. 306.
(t) 49 U.S.C. 5310, 5332 (formerly sections 16 and 19 of the
Federal Transit Act, as amended). -
(u) The Intermodal Surface Transportation Efficiency Act of 1991,
Pub. L. 102-240, 105 Stat. 1919, section 1003.- [[Page 2892]]
(v) The Highway Safety Act of 1966, as amended, 23 U.S.C.
402(b)(1)(D).
Issued at Washington, DC this 5th day of January 1995.
Federico Pena,
Secretary of Transportation.
[FR Doc. 95-753 Filed 1-11-95; 8:45 am]
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