[Federal Register Volume 61, Number 77 (Friday, April 19, 1996)]
[Proposed Rules]
[Pages 17264-17265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9560]
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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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