[Federal Register Volume 61, Number 65 (Wednesday, April 3, 1996)]
[Rules and Regulations]
[Pages 14615-14616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8159]
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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
[[Page 14616]]
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]
BILLING CODE 4910-22-P
