80_FR_77523 80 FR 77284 - Nondiscrimination in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency

80 FR 77284 - Nondiscrimination in Programs or Activities Receiving Federal Assistance from the Environmental Protection Agency

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 239 (December 14, 2015)

Page Range77284-77289
FR Document2015-31050

The Environmental Protection Agency (EPA) proposes to amend its regulations with regard to compliance information, post-award compliance reviews, and complaint investigations. This proposed rule will improve the EPA's ability to ensure that recipients of federal financial assistance comply with their affirmative obligation under the Civil Rights Act of 1965 and other nondiscrimination statutes not to discriminate, while also ensuring that the EPA has sufficient flexibility and discretion to carry out its nondiscrimination compliance work.

Federal Register, Volume 80 Issue 239 (Monday, December 14, 2015)
[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Proposed Rules]
[Pages 77284-77289]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31050]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 7 and 9

[EPA-HQ-OA-2013-0031, FRL-9933-69-OA]
RIN 2090-AA39


Nondiscrimination in Programs or Activities Receiving Federal 
Assistance from the Environmental Protection Agency

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) proposes to amend 
its regulations with regard to compliance information, post-award 
compliance reviews, and complaint investigations. This proposed rule 
will improve the EPA's ability to ensure that recipients of federal 
financial assistance comply with their affirmative obligation under the 
Civil Rights Act of 1965 and other nondiscrimination statutes not to 
discriminate, while also ensuring that the EPA has sufficient 
flexibility and discretion to carry out its nondiscrimination 
compliance work.

DATES: Comments must be received on or before February 12, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OA-
2013-0031, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e. on the web, cloud, or other file sharing system). For 
additional submission methods, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeryl Covington or Helena Wooden-
Aguilar, U.S. Environmental Protection Agency, Office of Civil Rights, 
(Mail Code 1201A), 1200 Pennsylvania Ave. NW., Washington, D,C. 20460, 
telephone (202) 564-7272, (202) 564-7713 or (202) 564-0792.

SUPPLEMENTARY INFORMATION:

I. Background Information

    The EPA is proposing to amend its regulations implementing title VI 
of the Civil Rights Act of 1964 (``Title VI''), section 504 of the 
Rehabilitation Act of 1973 (``Section 504''), section 13 of the Federal 
Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500), and 
the Age Discrimination Act of 1975 (``Age Discrimination Act'') in 
order to enable it to create a model civil rights program which can 
nimbly and effectively enforce civil rights statutes in the 
environmental context. Together, these statutes prohibit discrimination 
on the basis of race, color, national origin, (including discrimination 
based on language ability or limited English proficiency), disability, 
sex, and age in programs or activities that receive federal financial 
assistance. This rulemaking proposes to amend subpart D (Requirements 
for Applicants and Recipients) and subpart E (Agency Compliance 
Procedures) provisions regarding compliance information, post-award 
compliance reviews, and complaint investigations. This rulemaking also 
proposes to make a technical correction to subpart D to

[[Page 77285]]

remove citations to expired Office of Management and Budget (OMB) 
control numbers and to place the current OMB control number for 
information collection requests under 40 CFR part 7 in the consolidated 
list of OMB approvals under the Paperwork Reduction Act in 40 CFR part 
9.
    Applicants for and recipients of EPA assistance already are 
obligated to comply with Title VI and other nondiscrimination statutes 
as a condition of receiving EPA assistance. This proposed rule is 
consistent with the broad discretion that, as recognized by the Supreme 
Court, has been afforded all federal agencies with regard to the 
enforcement of federal nondiscrimination obligations,\1\ and is part of 
a package of efforts intended to improve EPA's civil rights program. 
One effort, for example, is the draft External Compliance and 
Complaints Program Strategic Plan, which was published for comment on 
September 10, 2015 (http://www.epa.gov/ocr/external-compliance-title-vi-new-developments). This package, as a whole, will increase 
transparency and accountability and move EPA closer to its goal of 
establishing a model civil rights program. This proposed rule--another 
part of the package--will assist the EPA in continuing to be more 
proactive in monitoring and enforcing recipients' compliance with Title 
VI and other nondiscrimination statutes.
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    \1\ See Alexander v. Choate, 469 U.S. 287, 293-294 (1985); FCC 
v. Pottsville Broadcasting Co., 309 U.S. 134 (1940).
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    The EPA has sought to improve its External Compliance and 
Complaints Program. In 2009, EPA made a commitment to strengthen and 
revitalize EPA's civil rights program. In addition to increasing staff, 
securing additional training and improving processes, as part of that 
effort, in 2010, EPA funded an independent in-depth evaluation of its 
civil rights program by the firm Deloitte Consulting LLP. Following 
receipt of the evaluation, the Administrator established an internal 
Civil Rights Executive Committee to review Deloitte's evaluation, and 
other sources of information, and make recommendations for building a 
model civil rights program for EPA. The Executive Committee posted its 
draft report for public review in February 2012, and the Administrator 
approved the final report and recommendations on April 13, 2012.
    One of the Executive Committee's recommendations was for the EPA to 
be more proactive in terms of achieving compliance with Title VI and 
other nondiscrimination obligations by, in part, analyzing data and 
information obtained from recipients and developing consistent 
processes. Accordingly, as part of its efforts to create a robust pre- 
and post- award compliance program (as identified in the EPA Draft EJ 
2014 Plan Supplement dated April 12, 2012), the EPA began the process 
of reevaluating its regulations to identify what data and information 
it currently obtains from recipients. The EPA first looked to other 
federal agencies for their best practices in terms of an External 
Compliance and Complaints Program. Specifically, the EPA evaluated its 
External Compliance and Complaints Program by comparing its Title VI 
and other nondiscrimination regulations to those of over twenty other 
federal agencies. The EPA found that the other agencies' regulations 
were the same or extremely similar, while the EPA's regulations were 
different. Many of these other agencies have successful external 
compliance programs because, in part, their regulations provide for a 
robust compliance program, (including routine access to recipient data 
through compliance reports and compliance reviews), and explicitly 
affirm the agency's discretion to appropriately tailor complaint 
resolution paths based on the nature and complexity of the allegations 
presented. While some aspects of EPA's External Compliance and 
Complaints Program will continue to have unique characteristics that 
are tailored to EPA's needs, the EPA, recipients, complainants, and 
industry will benefit from the predictability, consistency and 
familiarity arising from this effort to conform these aspects of the 
EPA's regulations with regulations promulgated by other federal 
agencies with a record of proven success and with the Department of 
Justice's Coordination Regulations at 28 CFR part 42, subpart F. Thus, 
this proposed rule will give the EPA a similar level of flexibility and 
discretion as is afforded to other federal agencies when collecting 
compliance information, conducting post-award compliance reviews, and 
investigating complaints.
    Finally, these amendments recognize that the EPA's current, self-
imposed regulatory deadlines are impracticable given the inherent 
scientific complexity associated with determining which and how 
populations are impacted by environmental pollutants; the number of 
discrimination allegations and theories that may be asserted in any one 
complaint under Title VI or the other nondiscrimination statutes; and 
the volume of the complaints received. Indeed, there are several 
examples of the analytical and logistical complexity of discrimination 
complaints historically filed with the EPA on its Web site. For 
instance, in one case alleging disparate health impacts, the EPA 
developed a pesticide exposure analysis to predict daily air 
concentrations of a specific pesticide at different distances from an 
application site, based on information concerning the amount of the 
pesticide applied during a seven-year period. In order to conduct such 
an analysis, the EPA had to gather and enter the available raw data 
into a database and then have the appropriate scientific models created 
that took into account several factors including, time of day, 
location, wind speed, proximity and temperature. Next, this analysis 
was peer reviewed before the EPA was ultimately able to resolve the 
complaint. The EPA recognizes that not every administrative complaint 
will require this same level of scientific analysis to determine who is 
potentially exposed to a particular pollutant. Also, the EPA recognizes 
that there may be several potential resolution paths, including 
informal resolution and Alternative Dispute Resolution, even for those 
cases raising disparate health claims, which the EPA will pursue, when 
appropriate. By eliminating arbitrary deadlines, the EPA will be better 
positioned to strategically manage its administrative complaint docket 
by identifying the specific aspects of individual complaints, such as 
complaints that present the potential for high-impact resolution. 
Further, the EPA will be able to explore the best resolution option for 
those complaints, including tailored goals and benchmarks for specific 
phases of the individual case, rather than a cookie-cutter approach 
that assumes all cases should follow the same approach, resolution 
strategy, and timeframes. Tailoring the appropriate resolution path to 
each complaint based on the unique factual pattern and legal issues 
presented, will further allow the EPA to dedicate the appropriate 
amount of time and resources to resolve each individual complaint.
    It is important to note that even with the elimination of the 
arbitrary deadlines, the EPA must promptly process and investigate 
complaints. Removal of deadlines will not allow the EPA to unreasonably 
delay its resolution of complaints because, in part, the definition of 
a prompt investigation and resolution turns on the factual context of 
the complaint. Indeed, the language in the proposed rule is subject to 
judicial review and is consistent with judicial precedent that 
recognizes that any investigatory timeframe may be affected by the

[[Page 77286]]

breadth and complexity of the issues in the complaint.
    Thus, based on the entire proposed regulatory amendments that will 
conform the EPA's regulations to those of more than twenty other 
federal agencies, the EPA will take another step in its journey to 
continue to create a model Civil Rights Program. In light of the 
flexibility, discretion, and accountability for individual cases 
affirmed by this proposed rule, the EPA will be better able to 
strategically implement its external civil rights enforcement program 
to ensure prompt, effective and efficient complaint docket management 
and to enhance its proactive compliance program.
    The EPA is subject to the Department of Justice's Coordination 
Regulations describing specific implementation, compliance, and 
enforcement obligations of federal funding agencies under Title VI and 
similar provisions in federal grant statutes. See 28 CFR 42.401 through 
42.415. In accordance with 28 CFR 42.403, the EPA submitted this 
proposed rule to the Assistant Attorney General, Civil Rights Division, 
Department of Justice, and received her approval. The final rule will 
be submitted to the Attorney General through the Assistant Attorney 
General for final approval pursuant to 28 CFR 42.403(c)(3).

II. Overview of This Proposed Rulemaking

A. Sub-Part D: Compliance Information Requirements for Recipients of 
EPA Financial Assistance

    The EPA proposes to amend Sec.  7.85(b) by deleting the following 
text describing when additional information will be sought from 
recipients--``where there is reason to believe that discrimination may 
exist in a program or activity receiving EPA assistance.'' In this same 
regulatory section, the EPA also proposes deleting ``and shall be 
accompanied by a written statement summarizing the complaint or setting 
forth the basis for the belief that discrimination may exist.'' These 
changes reaffirm the agency's existing authority to use compliance 
reviews to identify and resolve compliance concerns with recipients of 
EPA financial assistance to prevent costly investigations and 
litigation. Compliance reviews are an important part of the 
implementation of all EPA programs and essential to the functioning of 
comprehensive compliance and enforcement efforts. EPA will work with 
states and other recipients of financial assistance to ensure that 
compliance reviews are focused on a review of data and information that 
is relevant to determining compliance. EPA solicits comments on how to 
schedule and conduct compliance reviews in ways that minimize 
unnecessary burdens to both EPA and the recipients.
    Further, the revised language is consistent with the regulatory 
provisions of more than twenty other federal agencies with regard to 
the routine collection of data and information from recipients. Several 
of those federal agencies have successful compliance review programs 
that have been well-established for many years, so the concept of 
conducting compliance reviews is something with which EPA's external 
stakeholders should already have a great deal of familiarity based on 
engagement with those other federal agencies. In other words, this 
proposed rule is not a significant change, as it affords the EPA the 
same discretion and flexibility granted to those agencies in their 
compliance reviews. Such routine collection is also considered a best 
practice for Title VI programs as reflected in the Department of 
Justice's Coordination Regulations, which require federal agencies to 
``provide for the collection of data and information from applicants 
for and recipients of federal assistance sufficient to permit effective 
enforcement of Title VI,'' 28 CFR 42.406(a). Thus, this proposed rule 
is intended to clarify the EPA's ability to access such information 
under the current regulations, while providing the flexibility to 
establish a successful compliance review program and improve the EPA's 
External Compliance and Complaints Program. The EPA is requesting 
comment on EPA's proposed modifications to its compliance review 
regulations; especially its proposed phased-approach to conducting 
compliance reviews that is discussed in the accompanying cost analysis.
    Additionally, this proposed rule gives the EPA discretion to 
require recipients to submit compliance reports. This proposed rule 
would, as demonstrated by the successful compliance report programs of 
sister agencies, be an invaluable tool in prioritizing complaint 
investigations, selecting recipients for compliance reviews, and 
conducting targeted outreach to provide technical assistance. 
Currently, Sec.  7.85 of the regulation imposes an obligation ``to 
collect, maintain, and on request . . . provide'' specific information 
to the EPA. Similarly, Sec.  7.115 notifies recipients that the EPA may 
request ``data and information'' pertaining to any recipient's programs 
or activities receiving EPA assistance. Consistent with Sec.  7.35, 
recipients of EPA assistance are also responsible for collecting such 
reports from any entity through which a recipient operates the program 
and activity receiving EPA financial assistance, including sub-
recipients, licensees, or contractors. In other words, recipients 
already have a regulatory obligation to collect and maintain relevant 
information. With this proposed rule, recipients may be asked to submit 
a report containing the relevant and current information. Adding this 
proposed rule allows the EPA to more proactively enforce Title VI and 
other nondiscrimination obligations. This proposed modification makes 
clear that compliance reports would be required at such times and in 
such form and containing such information as the EPA may determine to 
be necessary to enable the EPA to ascertain whether the recipient has 
complied or is complying with 40 CFR part 7. The proposed regulation, 
however, does not identify or prescribe the exact content of such 
reports. The EPA is requesting written comment on the content, 
frequency and prioritization of which recipients will be expected to 
submit compliance reports. During the notice and comment period, the 
EPA will also engage stakeholders through listening sessions in order 
to explore the compliance reports process and their content. At this 
time, the EPA's estimate of the potential burden associated with 
compliance with this proposed regulation is based on assumptions about 
what type of information a recipient will be required to include in 
such a report--from involving the compilation or gathering of pre-
existing information, including information specifically identified in 
the current regulations and Standard Form 4700-4, to including 
information related to public involvement, limited English proficiency, 
or data and information demonstrating that the program or activity 
receiving the EPA assistance complies with its nondiscrimination 
obligations.
    The EPA understands that stakeholders may have questions about what 
specific information should be contained in such reports. Accordingly, 
the EPA may continue to request compliance reports related to 
information gathering in the context of compliance reviews and 
complaint investigations conducted under Sec. Sec.  7.110, 7.115, and 
7.120. However, the EPA does not intend to request compliance reports, 
unrelated to compliance reviews and complaint investigations, from 
recipients any sooner than 90 days after it has drafted guidance about 
such reports, sought

[[Page 77287]]

stakeholder input on the guidance, put the guidance out for notice and 
comment, and finalized the guidance. This process will allow the EPA, 
recipients, and other stakeholders to work collaboratively to improve 
the EPA's External Compliance and Complaints Program.

B. Sub-Part E: Agency Compliance Procedures

1. Post-Award Compliance
    Under the current regulations, on-site reviews for post-award 
compliance may occur when the Office of Civil Rights (OCR) ``has reason 
to believe that discrimination may be occurring in such programs or 
activities.'' For the reasons set forth above, the EPA proposes 
amending 40 CFR 7.110(a) and 7.115(a), to affirm the OCR's flexibility 
and discretion to structure how it conducts pre-award and post-award 
compliance reviews. This modification is consistent with the Title VI 
regulations of more than twenty other federal agencies.
    Additionally, the EPA proposes to remove the provision to provide 
post-review notice to a recipient within 180 calendar days from the 
start of a compliance review or complaint investigation pursuant to 40 
CFR 7.115(c)(1). Instead of this calendar deadline, the EPA proposes to 
conform to the regulations of over twenty other federal agencies that 
state that complaints will be ``promptly'' investigated. The EPA 
proposes to adopt this language because it has found that this self-
imposed, inflexible deadline is impracticable given the inherent 
scientific complexity associated with determining which and how 
populations are impacted by environmental pollutants; the number of 
discrimination allegations and theories that may be asserted in any one 
complaint under Title VI or the other nondiscrimination statutes; and 
the volume of the complaints received. Without the burden of an 
unrealistic, self-imposed deadline, the EPA will be in a better 
position to improve the entire External Compliance and Complaints 
Program, including the compliance review and reports efforts discussed 
above. Even without this deadline, the EPA still must promptly 
investigate complaints.
2. Complaint Investigations
    This proposed rule removes the introductory text of 40 CFR 7.120 
concerning the investigation of ``all complaints'' and to adopt 
language, substantially similar to the regulations of other federal 
agencies, requiring investigation of complaints that ``indicate a 
possible failure to comply.'' This change will allow the EPA to 
prioritize and dedicate resources to complaints that--after an initial 
review--reveal a possible failure to comply. Yet, the proposed rule 
does not alter the reasons for rejecting or closing a complaint upon 
which the EPA and other agencies have relied. Instead, the proposed 
regulatory language clarifies the agency's discretion to pursue a path 
to resolution in light of the particular facts of each case. The EPA 
seeks to conform to the regulatory text of its sister agencies in order 
to affirm that it will not seek to impose a one-size fits all approach 
to resolution. In other words, the proposed rule is intended to reflect 
that a path to resolution must be tailored to the specific facts of the 
case and such a path may not be identical for every complaint. Not 
every complaint, for example, will require the completion of a costly 
and time-consuming investigation in order to resolve it.
    This proposed rule also removes the deadline for notifying 
complainants and recipients of receipt of a complaint against the 
recipient and for reviewing a complaint for acceptance, rejection, or 
referral to the appropriate federal agency. Currently, the EPA's 
notification regulation requires the EPA to notify the complainant and 
the recipient of receipt of a complaint within five calendar days under 
40 CFR 7.120(c). The current regulations also require the EPA to 
initiate complaint processing procedures by conducting a jurisdictional 
review to determine whether to accept, reject, or refer a complaint 
within twenty calendar days of acknowledgement of the complaint.
    The current regulatory provisions imposing a deadline on complaint 
notification and jurisdictional review are unique to the EPA. This 
proposed rule removes these deadlines and, as with complaint 
investigations, it proposes that the EPA will ``promptly'' acknowledge 
receipt of a complaint and issue a decision on whether a complaint is 
accepted, rejected, or referred. The substitution of ``promptly'' for 
specific deadlines ensures EPA has the flexibility to improve its 
External Compliance and Complaints Program. The EPA believes this 
removal is not only reasonable, but will provide EPA with the 
flexibility and time necessary to complete a comprehensive and thorough 
initial review to identify the most appropriate path to resolve the 
complaint. Although, as reflected in the regulations of more than 
twenty other federal agencies, it is not common practice to include 
specific deadlines, the EPA is fully committed to processing complaints 
and compliance reviews expeditiously. In fact, the EPA intends, like 
other federal agencies, to create internal procedures and policies to 
provide guidance to staff, including the expectation that a 
determination of what constitutes reasonably prompt action varies based 
on the stage of administrative processing. For instance, a purely 
administrative task, (such as, issuing an acknowledgment of a 
correspondence), will take significantly less time than the more 
complex and nuance evaluation associated with conducting jurisdictional 
reviews, investigations and compliance reviews. Nonetheless, as 
discussed above with complaint investigations, because of the volume 
and complexity of the complaints that the EPA receives, these self-
imposed regulatory deadlines have proven to be impracticable, even at 
these early stages.

C. Paperwork Reduction Act Technical Correction

    The EPA proposes to remove the reference to expired OMB control 
number 2000-0006 which currently appears after the text of 40 CFR 7.80 
and 7.85. The OMB control number for the collection of information 
under the EPA's 40 CFR part 7 regulations is OMB control number 2030-
0020. Because no person is required to respond to an information 
collection request regulated by the Paperwork Reduction Act unless a 
valid control number assigned by OMB is displayed in 40 CFR part 9, 
another part of the Code of Federal Regulations, a valid Federal 
Register notice, or by any other appropriate means, the EPA proposes to 
add the citation for the OMB control no. 2030-0020 and the provisions 
in 40 CFR part 7 under which the OCR collects information from 
applicants and recipients to the table located in 40 CFR part 9. These 
technical corrections will provide clarity to applicants and recipients 
of EPA assistance regarding which Information Collection Request 
control number applies to the EPA's requests for information under 40 
CFR part 7.

III. Statutory and Executive Orders Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review. The EPA prepared an analysis of the potential costs and 
benefits associated with this

[[Page 77288]]

action. A copy of the analysis is available in the docket for this 
action.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
This proposed rule will allow the EPA to enforce civil rights laws. It 
therefore falls under the exemption to the Paperwork Reduction Act 
found at 44 U.S.C. 3518(e) that exempts agencies from Paperwork 
Reduction Act requirements when they are exercising their substantive 
enforcement authority regarding civil rights laws. Even though this 
action is covered by the section 3518(e) exemption, this action is 
covered by an Information Collection Request that was approved by the 
Office of Management and Budget in June 2015. The information 
collection request contained in the existing regulations at 40 CFR part 
7 was assigned OMB control number 2030-0020. The OMB control numbers 
for the EPA's regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. The deadline and technical amendments 
being proposed are not expected to have a direct impact on any grant 
recipients. The direct cost to any particular entity under a compliance 
review will not increase because they already are potentially subject 
to compliance reviews under the existing regulations. The impact of the 
proposed amendments related to compliance report requirements for any 
particular entity would only be the cost of assembling data and 
information that it already must collect and maintain under the 
existing regulations. We have therefore concluded that this action will 
have no net regulatory burden for all directly regulated small 
entities.
    Although this proposed rule will not have a significant economic 
impact on a substantial number of small entities, the EPA nonetheless 
has tried to reduce the impact of this proposed rule on small entities. 
(See Economic Analysis in the docket for this rulemaking for more 
detailed information on potential impacts.)
    We continue to be interested in the potential impacts of this 
proposed rule on small entities and welcome comments on issues relating 
to such impacts.

D. Unfunded Mandates Reform Act

    This action does not contain any mandate as described in UMRA, 2 
U.S.C. 1531 through 1538, and does not significantly or uniquely affect 
small governments. Because this proposed rule enforces statutory rights 
that prohibit discrimination as described in the exception at 2 U.S.C. 
1503(2), it is not subject to the requirements of section 202 or 205 of 
the UMRA.

E. Executive Order 13132: Federalism

    This proposed rule does not have federalism implications. It will 
not have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government.
    In the spirit of Executive Order 13132, and consistent with the EPA 
policy to promote communications between the EPA and state and local 
governments, the EPA specifically solicits comment on this proposed 
rule from state and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This proposed rule does not directly impose any new obligations on 
the federally recognized tribes that receive or apply for EPA financial 
assistance. Moreover, the proposed rule would not impose compliance 
costs on tribes or preempt tribal law. Therefore, consultation under 
Executive Order 13175 is not required.
    However, EPA welcomes the views of tribes and is interested in 
considering any comments that tribes may offer on the proposed rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    This proposed rule does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 establishes federal executive policy on 
environmental justice. Its main provision directs federal agencies, to 
the greatest extent practicable and permitted by law, to make 
environmental justice part of their mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health or environmental effects of their programs, policies, and 
activities on minority populations and low-income populations in the 
United States.
    The EPA believes that improving its External Compliance and 
Complaints Program will have a positive impact on the agency's efforts 
to advance environmental justice. More precisely, by bringing the EPA's 
regulations into alignment with the regulations of more than twenty 
other agencies, the EPA will have the regulatory tools necessary to 
exercise its discretion to make the complex determination of what sorts 
of disparate impacts upon communities constitute ``sufficiently 
significant social problems,'' and are ``readily enough remediable, to 
warrant altering the practices of the federal grantees that had 
produced those impacts.'' Alexander v. Choate 469 U.S. 287, 293-294 
(1985). Such regulatory tools also will improve the EPA's External 
Compliance and Complaints Program by forging an appropriate path to 
resolution tailored to the specific facts and circumstances of each 
matter. However, the EPA welcomes comments from minority, low-income or 
indigenous populations about these proposed regulatory modifications.

List of Subjects

40 CFR Part 7

    Environmental protection, Administrative practice and procedure, 
Age discrimination, Civil rights, Equal employment opportunity, 
Individuals with disabilities, Reporting and

[[Page 77289]]

recordkeeping requirements, Sex discrimination.

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

    Dated: December 1, 2015.
Gina McCarthy,
Administrator.

    For the reasons set out in the preamble, the EPA proposes to amend 
title 40, chapter I of the Code of Federal Regulations as follows:

PART 7--NONDISCRIMINATION IN PROGRAMS OR ACTIVITIES RECEIVING 
FEDERAL ASSISTANCE FROM THE ENVIRONMENTAL PROTECTION AGENCY

0
1. The Authority citation for part 7 continues to read as follows:

    Authority:  42 U.S.C. 2000d to 200d-7 and 6101 et seq.; 29 
U.S.C. 794; 33 U.S.C. 1251nt.

Subpart D--Requirements for Applicants and Recipients


Sec.  7.80  [Amended]

0
2. Section 7.80 is amended by removing the parenthetical citation 
``(Approved by the Office of Management and Budget under control number 
2000-0006)'' following paragraph (c)(3).
0
3. Section 7.85 is amended by:
0
a. Revising paragraph (b);
0
b. Redesignating paragraphs (f) and (g) as paragraphs (g) and (h) 
respectively, and adding a new paragraph (f); and
0
c. Removing the parenthetical citation ``(Approved by the Office of 
Management and Budget under control number 2000-0006)'' following the 
newly redesignated paragraph (h).
    The revisions and additions read as follows:


Sec.  7.85  Recipients.

* * * * *
    (b) Additional compliance information. If necessary, the OCR may 
require recipients to submit data and information specific to certain 
programs or activities to determine compliance or to investigate a 
complaint alleging discrimination in a program or activity receiving 
EPA assistance. Requests shall be limited to data and information which 
is relevant to determining compliance.
* * * * *
    (f) Compliance reports. Each recipient shall keep such records and 
submit to the OCR timely, complete, and accurate compliance reports at 
such times, and in such form and containing such information, as the 
OCR may determine to be necessary to enable the OCR to ascertain 
whether the recipient has complied or is complying with this subpart. 
In general, recipients should have available for the Agency the racial 
composition of affected neighborhoods. In the case in which a primary 
recipient extends federal financial assistance to any other recipient 
or subcontracts with any other person or group, such other recipient 
shall also submit such compliance reports to the primary recipient as 
may be necessary to enable the primary recipient to carry out its 
obligations under this Subpart.
* * * * *

Subpart E--Agency Compliance Procedures


Sec.  7.110  [Amended]

0
4. Section 7.110 paragraph (a), fourth sentence is amended by removing 
``only when it has reason to believe that discrimination may be 
occurring in a program or activity which is the subject of the 
application''.


Sec.  7.115  Postaward compliance.

0
5. Amend Sec.  7.115 by revising paragraphs (a) and (c)(1) to read as 
follows:
    (a) Periodic review. The OCR may periodically conduct compliance 
reviews of any recipient's programs or activities receiving EPA 
assistance, including the request of data and information, and may 
conduct on-site reviews.
* * * * *
    (c) * * * (1) The OCR will notify the recipient in writing by 
certified mail, return receipt requested, of:
* * * * *
0
6. Amend Sec.  7.120 by revising the introductory text and paragraphs 
(c) and (d)(1)(i) to read as follows:


Sec.  7.120  Complaint investigations.

    The OCR will make a prompt investigation whenever a complaint 
indicates a possible failure to comply.
* * * * *
    (c) Notification. The OCR will notify the complainant and the 
recipient of the agency's receipt of the complaint.
    (d) * * *
    (1) * * * (i) After the acknowledgment, the OCR will promptly 
review the complaint for acceptance, rejection, or referral to the 
appropriate Federal agency.
* * * * *

PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

0
7. The Authority citation for part 9 continues to read as follows:

    Authority:  7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 
2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 
9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 
1330, 1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 
CFR 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 
300g, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-
2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 
7542, 9601-9657, 11023, 11048.

0
8. In Sec.  9.1, the table is amended by adding the heading titled 
``Nondiscrimination in Programs or Activities Receiving EPA 
Assistance'' and entries 7.80, 7.85, 7.110, and 7.115 above the heading 
``Protection of Human Subjects'' to read as follows:


Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                   40 CFR citation                      OMB control No.
------------------------------------------------------------------------
                                * * * * *
------------------------------------------------------------------------
  Nondiscrimination in Programs or Activities Receiving EPA Assistance
------------------------------------------------------------------------
7.80.................................................          2030-0020
7.85.................................................          2030-0020
7.110................................................          2030-0020
7.115................................................          2030-0020
 
                                * * * * *
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-31050 Filed 12-11-15; 8:45 am]
 BILLING CODE 6560-50-P



                                               77284                Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Proposed Rules

                                                  Class E airspace designations are                    effective September 15, 2015, is                      www.regulations.gov. Follow the online
                                               published in paragraph 6005, of FAA                     amended as follows:                                   instructions for submitting comments.
                                               Order 7400.9Z, dated August 6, 2015                     Paragraph 6005 Class E Airspace Areas                 Once submitted, comments cannot be
                                               and effective September 15, 2015, which                 Extending Upward from 700 feet or More                edited or removed from Regulations.gov.
                                               is incorporated by reference in 14 CFR                  Above the Surface of the Earth.                       The EPA may publish any comment
                                               71.1. The Class D and Class E airspace                  *      *      *      *       *                        received to its public docket. Do not
                                               designations listed in this document                                                                          submit electronically any information
                                               will be published subsequently in the                   ANM MT E5 Deer Lodge, MT [Modified]                   you consider to be Confidential
                                               Order.                                                  Deer Lodge-City-County Airport, MT                    Business Information (CBI) or other
                                                                                                         (Lat. 46°23′16″ N., long. 112°45′54″ W.)            information whose disclosure is
                                               Regulatory Notices and Analyses
                                                                                                         That airspace extending upward from 700             restricted by statute. Multimedia
                                                  The FAA has determined that this                     feet above the surface within a 6-mile radius         submissions (audio, video, etc.) must be
                                               regulation only involves an established                 of Deer Lodge-City-County Airport; that               accompanied by a written comment.
                                               body of technical regulations for which                 airspace extending upward from 1,200 feet             The written comment is considered the
                                               frequent and routine amendments are                     above the surface bounded by a line
                                                                                                       beginning at lat. 46°41′00″ N., long.
                                                                                                                                                             official comment and should include
                                               necessary to keep them operationally                                                                          discussion of all points you wish to
                                               current, is non-controversial and                       114°08′00″ W.; to lat. 47°03′00″ N., long.
                                                                                                       113°33′00″ W.; to lat. 46°28′00″ N., long.            make. The EPA will generally not
                                               unlikely to result in adverse or negative               112°15′00″ W.; to lat. 45°41′00″ N., long.            consider comments or comment
                                               comments. It, therefore: (1) Is not a                   112°13′00″ W.; to lat. 45°44′00″ N., long.            contents located outside of the primary
                                               ‘‘significant regulatory action’’ under                 113°03′00″ W.; thence to the point of origin.         submission (i.e. on the web, cloud, or
                                               Executive Order 12866; (2) is not a                                                                           other file sharing system). For
                                               ‘‘significant rule’’ under DOT                            Issued in Seattle, Washington, on                   additional submission methods, the full
                                               Regulatory Policies and Procedures (44                  December 7, 2015.
                                                                                                                                                             EPA public comment policy,
                                               FR 11034; February 26, 1979); and (3)                   Tracey Johnson,                                       information about CBI or multimedia
                                               does not warrant preparation of a                       Manager, Operations Support Group, Western            submissions, and general guidance on
                                               regulatory evaluation as the anticipated                Service Center.                                       making effective comments, please visit
                                               impact is so minimal. Since this is a                   [FR Doc. 2015–31273 Filed 12–11–15; 8:45 am]          http://www2.epa.gov/dockets/
                                               routine matter that will only affect air                BILLING CODE 4910–13–P                                commenting-epa-dockets.
                                               traffic procedures and air navigation, it
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT: Jeryl
                                               is certified that this rule, when
                                               promulgated, would not have a                                                                                 Covington or Helena Wooden-Aguilar,
                                                                                                       ENVIRONMENTAL PROTECTION                              U.S. Environmental Protection Agency,
                                               significant economic impact on a                        AGENCY
                                               substantial number of small entities                                                                          Office of Civil Rights, (Mail Code
                                               under the criteria of the Regulatory                                                                          1201A), 1200 Pennsylvania Ave. NW.,
                                                                                                       40 CFR Parts 7 and 9
                                               Flexibility Act.                                                                                              Washington, D,C. 20460, telephone
                                                                                                       [EPA–HQ–OA–2013–0031, FRL–9933–69–                    (202) 564–7272, (202) 564–7713 or (202)
                                               Environmental Review                                    OA]                                                   564–0792.
                                                  This proposal will be subject to an                  RIN 2090–AA39                                         SUPPLEMENTARY INFORMATION:
                                               environmental analysis in accordance
                                                                                                       Nondiscrimination in Programs or                      I. Background Information
                                               with FAA Order 1050.1F,
                                               ‘‘Environmental Impacts: Policies and                   Activities Receiving Federal                             The EPA is proposing to amend its
                                               Procedures’’ prior to any FAA final                     Assistance from the Environmental                     regulations implementing title VI of the
                                               regulatory action.                                      Protection Agency                                     Civil Rights Act of 1964 (‘‘Title VI’’),
                                                                                                                                                             section 504 of the Rehabilitation Act of
                                               List of Subjects in 14 CFR Part 71                      AGENCY:  Environmental Protection                     1973 (‘‘Section 504’’), section 13 of the
                                                 Airspace, Incorporation by reference,                 Agency (EPA).                                         Federal Water Pollution Control Act
                                               Navigation (air).                                       ACTION: Proposed rule.                                Amendments of 1972 (Pub. L. 92–500),
                                               The Proposed Amendment                                                                                        and the Age Discrimination Act of 1975
                                                                                                       SUMMARY:   The Environmental Protection               (‘‘Age Discrimination Act’’) in order to
                                                 Accordingly, pursuant to the                          Agency (EPA) proposes to amend its                    enable it to create a model civil rights
                                               authority delegated to me, the Federal                  regulations with regard to compliance                 program which can nimbly and
                                               Aviation Administration proposes to                     information, post-award compliance                    effectively enforce civil rights statutes in
                                               amend 14 CFR part 71 as follows:                        reviews, and complaint investigations.                the environmental context. Together,
                                                                                                       This proposed rule will improve the                   these statutes prohibit discrimination on
                                               PART 71—DESIGNATION OF CLASS A,                         EPA’s ability to ensure that recipients of            the basis of race, color, national origin,
                                               B, C, D, AND E AIRSPACE AREAS; AIR                      federal financial assistance comply with              (including discrimination based on
                                               TRAFFIC SERVICE ROUTES; AND                             their affirmative obligation under the                language ability or limited English
                                               REPORTING POINTS                                        Civil Rights Act of 1965 and other                    proficiency), disability, sex, and age in
                                                                                                       nondiscrimination statutes not to                     programs or activities that receive
                                               ■ 1. The authority citation for 14 CFR                  discriminate, while also ensuring that
                                               part 71 continues to read as follows:                                                                         federal financial assistance. This
                                                                                                       the EPA has sufficient flexibility and                rulemaking proposes to amend subpart
                                                 Authority: 49 U.S.C. 106(f), 106(g), 40103,           discretion to carry out its
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                                               40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                                                                                                                                             D (Requirements for Applicants and
                                                                                                       nondiscrimination compliance work.                    Recipients) and subpart E (Agency
                                               1959–1963 Comp., p. 389.
                                                                                                       DATES: Comments must be received on                   Compliance Procedures) provisions
                                               § 71.1   [Amended]                                      or before February 12, 2016.                          regarding compliance information, post-
                                               ■ 2. The incorporation by reference in                  ADDRESSES: Submit your comments,                      award compliance reviews, and
                                               14 CFR 71.1 of FAA Order 7400.9Z,                       identified by Docket ID No. EPA–HQ–                   complaint investigations. This
                                               Airspace Designations and Reporting                     OA–2013–0031, to the Federal                          rulemaking also proposes to make a
                                               Points, dated August 6, 2015, and                       eRulemaking Portal: http://                           technical correction to subpart D to


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                                                                    Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Proposed Rules                                          77285

                                               remove citations to expired Office of                   part, analyzing data and information                  historically filed with the EPA on its
                                               Management and Budget (OMB) control                     obtained from recipients and developing               Web site. For instance, in one case
                                               numbers and to place the current OMB                    consistent processes. Accordingly, as                 alleging disparate health impacts, the
                                               control number for information                          part of its efforts to create a robust pre-           EPA developed a pesticide exposure
                                               collection requests under 40 CFR part 7                 and post- award compliance program (as                analysis to predict daily air
                                               in the consolidated list of OMB                         identified in the EPA Draft EJ 2014 Plan              concentrations of a specific pesticide at
                                               approvals under the Paperwork                           Supplement dated April 12, 2012), the                 different distances from an application
                                               Reduction Act in 40 CFR part 9.                         EPA began the process of reevaluating                 site, based on information concerning
                                                  Applicants for and recipients of EPA                 its regulations to identify what data and             the amount of the pesticide applied
                                               assistance already are obligated to                     information it currently obtains from                 during a seven-year period. In order to
                                               comply with Title VI and other                          recipients. The EPA first looked to other             conduct such an analysis, the EPA had
                                               nondiscrimination statutes as a                         federal agencies for their best practices             to gather and enter the available raw
                                               condition of receiving EPA assistance.                  in terms of an External Compliance and                data into a database and then have the
                                               This proposed rule is consistent with                   Complaints Program. Specifically, the                 appropriate scientific models created
                                               the broad discretion that, as recognized                EPA evaluated its External Compliance                 that took into account several factors
                                               by the Supreme Court, has been                          and Complaints Program by comparing                   including, time of day, location, wind
                                               afforded all federal agencies with regard               its Title VI and other nondiscrimination              speed, proximity and temperature. Next,
                                               to the enforcement of federal                           regulations to those of over twenty other             this analysis was peer reviewed before
                                               nondiscrimination obligations,1 and is                  federal agencies. The EPA found that                  the EPA was ultimately able to resolve
                                               part of a package of efforts intended to                the other agencies’ regulations were the              the complaint. The EPA recognizes that
                                               improve EPA’s civil rights program. One                 same or extremely similar, while the                  not every administrative complaint will
                                               effort, for example, is the draft External              EPA’s regulations were different. Many                require this same level of scientific
                                               Compliance and Complaints Program                       of these other agencies have successful               analysis to determine who is potentially
                                               Strategic Plan, which was published for                 external compliance programs because,                 exposed to a particular pollutant. Also,
                                               comment on September 10, 2015 (http://                  in part, their regulations provide for a              the EPA recognizes that there may be
                                               www.epa.gov/ocr/external-compliance-                    robust compliance program, (including                 several potential resolution paths,
                                               title-vi-new-developments). This                        routine access to recipient data through              including informal resolution and
                                               package, as a whole, will increase                      compliance reports and compliance                     Alternative Dispute Resolution, even for
                                               transparency and accountability and                     reviews), and explicitly affirm the                   those cases raising disparate health
                                               move EPA closer to its goal of                          agency’s discretion to appropriately                  claims, which the EPA will pursue,
                                               establishing a model civil rights                       tailor complaint resolution paths based               when appropriate. By eliminating
                                               program. This proposed rule—another                     on the nature and complexity of the                   arbitrary deadlines, the EPA will be
                                               part of the package—will assist the EPA                 allegations presented. While some                     better positioned to strategically manage
                                               in continuing to be more proactive in                   aspects of EPA’s External Compliance                  its administrative complaint docket by
                                               monitoring and enforcing recipients’                    and Complaints Program will continue                  identifying the specific aspects of
                                               compliance with Title VI and other                      to have unique characteristics that are               individual complaints, such as
                                               nondiscrimination statutes.                             tailored to EPA’s needs, the EPA,                     complaints that present the potential for
                                                  The EPA has sought to improve its                    recipients, complainants, and industry                high-impact resolution. Further, the
                                               External Compliance and Complaints                      will benefit from the predictability,                 EPA will be able to explore the best
                                               Program. In 2009, EPA made a                            consistency and familiarity arising from              resolution option for those complaints,
                                               commitment to strengthen and revitalize                 this effort to conform these aspects of               including tailored goals and
                                               EPA’s civil rights program. In addition                 the EPA’s regulations with regulations                benchmarks for specific phases of the
                                               to increasing staff, securing additional                promulgated by other federal agencies                 individual case, rather than a cookie-
                                               training and improving processes, as                    with a record of proven success and                   cutter approach that assumes all cases
                                               part of that effort, in 2010, EPA funded                with the Department of Justice’s                      should follow the same approach,
                                               an independent in-depth evaluation of                   Coordination Regulations at 28 CFR part               resolution strategy, and timeframes.
                                               its civil rights program by the firm                    42, subpart F. Thus, this proposed rule               Tailoring the appropriate resolution
                                               Deloitte Consulting LLP. Following                      will give the EPA a similar level of                  path to each complaint based on the
                                               receipt of the evaluation, the                          flexibility and discretion as is afforded             unique factual pattern and legal issues
                                               Administrator established an internal                   to other federal agencies when                        presented, will further allow the EPA to
                                               Civil Rights Executive Committee to                     collecting compliance information,                    dedicate the appropriate amount of time
                                               review Deloitte’s evaluation, and other                 conducting post-award compliance                      and resources to resolve each individual
                                               sources of information, and make                        reviews, and investigating complaints.                complaint.
                                               recommendations for building a model
                                                                                                          Finally, these amendments recognize                   It is important to note that even with
                                               civil rights program for EPA. The
                                                                                                       that the EPA’s current, self-imposed                  the elimination of the arbitrary
                                               Executive Committee posted its draft
                                                                                                       regulatory deadlines are impracticable                deadlines, the EPA must promptly
                                               report for public review in February
                                                                                                       given the inherent scientific complexity              process and investigate complaints.
                                               2012, and the Administrator approved
                                                                                                       associated with determining which and                 Removal of deadlines will not allow the
                                               the final report and recommendations
                                                                                                       how populations are impacted by                       EPA to unreasonably delay its
                                               on April 13, 2012.
                                                                                                       environmental pollutants; the number of               resolution of complaints because, in
                                                  One of the Executive Committee’s
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                                                                                                       discrimination allegations and theories               part, the definition of a prompt
                                               recommendations was for the EPA to be
                                                                                                       that may be asserted in any one                       investigation and resolution turns on
                                               more proactive in terms of achieving
                                                                                                       complaint under Title VI or the other                 the factual context of the complaint.
                                               compliance with Title VI and other
                                                                                                       nondiscrimination statutes; and the                   Indeed, the language in the proposed
                                               nondiscrimination obligations by, in
                                                                                                       volume of the complaints received.                    rule is subject to judicial review and is
                                                 1 See Alexander v. Choate, 469 U.S. 287, 293–294      Indeed, there are several examples of                 consistent with judicial precedent that
                                               (1985); FCC v. Pottsville Broadcasting Co., 309 U.S.    the analytical and logistical complexity              recognizes that any investigatory
                                               134 (1940).                                             of discrimination complaints                          timeframe may be affected by the


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                                               77286                Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Proposed Rules

                                               breadth and complexity of the issues in                 focused on a review of data and                       are also responsible for collecting such
                                               the complaint.                                          information that is relevant to                       reports from any entity through which
                                                  Thus, based on the entire proposed                   determining compliance. EPA solicits                  a recipient operates the program and
                                               regulatory amendments that will                         comments on how to schedule and                       activity receiving EPA financial
                                               conform the EPA’s regulations to those                  conduct compliance reviews in ways                    assistance, including sub-recipients,
                                               of more than twenty other federal                       that minimize unnecessary burdens to                  licensees, or contractors. In other words,
                                               agencies, the EPA will take another step                both EPA and the recipients.                          recipients already have a regulatory
                                               in its journey to continue to create a                     Further, the revised language is                   obligation to collect and maintain
                                               model Civil Rights Program. In light of                 consistent with the regulatory                        relevant information. With this
                                               the flexibility, discretion, and                        provisions of more than twenty other                  proposed rule, recipients may be asked
                                               accountability for individual cases                     federal agencies with regard to the                   to submit a report containing the
                                               affirmed by this proposed rule, the EPA                 routine collection of data and                        relevant and current information.
                                               will be better able to strategically                    information from recipients. Several of               Adding this proposed rule allows the
                                               implement its external civil rights                     those federal agencies have successful                EPA to more proactively enforce Title VI
                                               enforcement program to ensure prompt,                   compliance review programs that have                  and other nondiscrimination
                                               effective and efficient complaint docket                been well-established for many years, so              obligations. This proposed modification
                                               management and to enhance its                           the concept of conducting compliance                  makes clear that compliance reports
                                               proactive compliance program.                           reviews is something with which EPA’s                 would be required at such times and in
                                                  The EPA is subject to the Department                 external stakeholders should already                  such form and containing such
                                               of Justice’s Coordination Regulations                   have a great deal of familiarity based on             information as the EPA may determine
                                               describing specific implementation,                     engagement with those other federal                   to be necessary to enable the EPA to
                                               compliance, and enforcement                             agencies. In other words, this proposed               ascertain whether the recipient has
                                               obligations of federal funding agencies                 rule is not a significant change, as it               complied or is complying with 40 CFR
                                               under Title VI and similar provisions in                affords the EPA the same discretion and               part 7. The proposed regulation,
                                               federal grant statutes. See 28 CFR 42.401               flexibility granted to those agencies in              however, does not identify or prescribe
                                               through 42.415. In accordance with 28                   their compliance reviews. Such routine                the exact content of such reports. The
                                               CFR 42.403, the EPA submitted this                      collection is also considered a best                  EPA is requesting written comment on
                                               proposed rule to the Assistant Attorney                 practice for Title VI programs as                     the content, frequency and prioritization
                                               General, Civil Rights Division,                         reflected in the Department of Justice’s              of which recipients will be expected to
                                               Department of Justice, and received her                 Coordination Regulations, which                       submit compliance reports. During the
                                               approval. The final rule will be                        require federal agencies to ‘‘provide for             notice and comment period, the EPA
                                               submitted to the Attorney General                       the collection of data and information                will also engage stakeholders through
                                               through the Assistant Attorney General                  from applicants for and recipients of                 listening sessions in order to explore the
                                               for final approval pursuant to 28 CFR                   federal assistance sufficient to permit               compliance reports process and their
                                               42.403(c)(3).                                           effective enforcement of Title VI,’’ 28               content. At this time, the EPA’s estimate
                                                                                                       CFR 42.406(a). Thus, this proposed rule               of the potential burden associated with
                                               II. Overview of This Proposed                           is intended to clarify the EPA’s ability
                                               Rulemaking                                                                                                    compliance with this proposed
                                                                                                       to access such information under the                  regulation is based on assumptions
                                               A. Sub-Part D: Compliance Information                   current regulations, while providing the              about what type of information a
                                               Requirements for Recipients of EPA                      flexibility to establish a successful
                                                                                                                                                             recipient will be required to include in
                                               Financial Assistance                                    compliance review program and
                                                                                                                                                             such a report—from involving the
                                                                                                       improve the EPA’s External Compliance
                                                  The EPA proposes to amend § 7.85(b)                                                                        compilation or gathering of pre-existing
                                                                                                       and Complaints Program. The EPA is
                                               by deleting the following text describing                                                                     information, including information
                                                                                                       requesting comment on EPA’s proposed
                                               when additional information will be                                                                           specifically identified in the current
                                                                                                       modifications to its compliance review
                                               sought from recipients—‘‘where there is                                                                       regulations and Standard Form 4700–4,
                                                                                                       regulations; especially its proposed
                                               reason to believe that discrimination                                                                         to including information related to
                                                                                                       phased-approach to conducting
                                               may exist in a program or activity                                                                            public involvement, limited English
                                                                                                       compliance reviews that is discussed in
                                               receiving EPA assistance.’’ In this same                                                                      proficiency, or data and information
                                                                                                       the accompanying cost analysis.
                                               regulatory section, the EPA also                           Additionally, this proposed rule gives             demonstrating that the program or
                                               proposes deleting ‘‘and shall be                        the EPA discretion to require recipients              activity receiving the EPA assistance
                                               accompanied by a written statement                      to submit compliance reports. This                    complies with its nondiscrimination
                                               summarizing the complaint or setting                    proposed rule would, as demonstrated                  obligations.
                                               forth the basis for the belief that                     by the successful compliance report                      The EPA understands that
                                               discrimination may exist.’’ These                       programs of sister agencies, be an                    stakeholders may have questions about
                                               changes reaffirm the agency’s existing                  invaluable tool in prioritizing complaint             what specific information should be
                                               authority to use compliance reviews to                  investigations, selecting recipients for              contained in such reports. Accordingly,
                                               identify and resolve compliance                         compliance reviews, and conducting                    the EPA may continue to request
                                               concerns with recipients of EPA                         targeted outreach to provide technical                compliance reports related to
                                               financial assistance to prevent costly                  assistance. Currently, § 7.85 of the                  information gathering in the context of
                                               investigations and litigation.                          regulation imposes an obligation ‘‘to                 compliance reviews and complaint
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                                               Compliance reviews are an important                     collect, maintain, and on request . . .               investigations conducted under
                                               part of the implementation of all EPA                   provide’’ specific information to the                 §§ 7.110, 7.115, and 7.120. However, the
                                               programs and essential to the                           EPA. Similarly, § 7.115 notifies                      EPA does not intend to request
                                               functioning of comprehensive                            recipients that the EPA may request                   compliance reports, unrelated to
                                               compliance and enforcement efforts.                     ‘‘data and information’’ pertaining to                compliance reviews and complaint
                                               EPA will work with states and other                     any recipient’s programs or activities                investigations, from recipients any
                                               recipients of financial assistance to                   receiving EPA assistance. Consistent                  sooner than 90 days after it has drafted
                                               ensure that compliance reviews are                      with § 7.35, recipients of EPA assistance             guidance about such reports, sought


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                                                                    Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Proposed Rules                                          77287

                                               stakeholder input on the guidance, put                  ‘‘indicate a possible failure to comply.’’            reviews expeditiously. In fact, the EPA
                                               the guidance out for notice and                         This change will allow the EPA to                     intends, like other federal agencies, to
                                               comment, and finalized the guidance.                    prioritize and dedicate resources to                  create internal procedures and policies
                                               This process will allow the EPA,                        complaints that—after an initial                      to provide guidance to staff, including
                                               recipients, and other stakeholders to                   review—reveal a possible failure to                   the expectation that a determination of
                                               work collaboratively to improve the                     comply. Yet, the proposed rule does not               what constitutes reasonably prompt
                                               EPA’s External Compliance and                           alter the reasons for rejecting or closing            action varies based on the stage of
                                               Complaints Program.                                     a complaint upon which the EPA and                    administrative processing. For instance,
                                                                                                       other agencies have relied. Instead, the              a purely administrative task, (such as,
                                               B. Sub-Part E: Agency Compliance                        proposed regulatory language clarifies                issuing an acknowledgment of a
                                               Procedures                                              the agency’s discretion to pursue a path              correspondence), will take significantly
                                               1. Post-Award Compliance                                to resolution in light of the particular              less time than the more complex and
                                                                                                       facts of each case. The EPA seeks to                  nuance evaluation associated with
                                                 Under the current regulations, on-site
                                                                                                       conform to the regulatory text of its                 conducting jurisdictional reviews,
                                               reviews for post-award compliance may
                                                                                                       sister agencies in order to affirm that it            investigations and compliance reviews.
                                               occur when the Office of Civil Rights
                                                                                                       will not seek to impose a one-size fits               Nonetheless, as discussed above with
                                               (OCR) ‘‘has reason to believe that
                                                                                                       all approach to resolution. In other                  complaint investigations, because of the
                                               discrimination may be occurring in such
                                                                                                       words, the proposed rule is intended to               volume and complexity of the
                                               programs or activities.’’ For the reasons
                                                                                                       reflect that a path to resolution must be             complaints that the EPA receives, these
                                               set forth above, the EPA proposes                       tailored to the specific facts of the case
                                               amending 40 CFR 7.110(a) and 7.115(a),                                                                        self-imposed regulatory deadlines have
                                                                                                       and such a path may not be identical for              proven to be impracticable, even at
                                               to affirm the OCR’s flexibility and                     every complaint. Not every complaint,
                                               discretion to structure how it conducts                                                                       these early stages.
                                                                                                       for example, will require the completion
                                               pre-award and post-award compliance                     of a costly and time-consuming                        C. Paperwork Reduction Act Technical
                                               reviews. This modification is consistent                investigation in order to resolve it.                 Correction
                                               with the Title VI regulations of more                      This proposed rule also removes the
                                               than twenty other federal agencies.                     deadline for notifying complainants and                  The EPA proposes to remove the
                                                 Additionally, the EPA proposes to                     recipients of receipt of a complaint                  reference to expired OMB control
                                               remove the provision to provide post-                   against the recipient and for reviewing               number 2000–0006 which currently
                                               review notice to a recipient within 180                 a complaint for acceptance, rejection, or             appears after the text of 40 CFR 7.80 and
                                               calendar days from the start of a                       referral to the appropriate federal                   7.85. The OMB control number for the
                                               compliance review or complaint                          agency. Currently, the EPA’s                          collection of information under the
                                               investigation pursuant to 40 CFR                        notification regulation requires the EPA              EPA’s 40 CFR part 7 regulations is OMB
                                               7.115(c)(1). Instead of this calendar                   to notify the complainant and the                     control number 2030–0020. Because no
                                               deadline, the EPA proposes to conform                   recipient of receipt of a complaint                   person is required to respond to an
                                               to the regulations of over twenty other                 within five calendar days under 40 CFR                information collection request regulated
                                               federal agencies that state that                        7.120(c). The current regulations also                by the Paperwork Reduction Act unless
                                               complaints will be ‘‘promptly’’                         require the EPA to initiate complaint                 a valid control number assigned by
                                               investigated. The EPA proposes to adopt                 processing procedures by conducting a                 OMB is displayed in 40 CFR part 9,
                                               this language because it has found that                 jurisdictional review to determine                    another part of the Code of Federal
                                               this self-imposed, inflexible deadline is               whether to accept, reject, or refer a                 Regulations, a valid Federal Register
                                               impracticable given the inherent                        complaint within twenty calendar days                 notice, or by any other appropriate
                                               scientific complexity associated with                   of acknowledgement of the complaint.                  means, the EPA proposes to add the
                                               determining which and how                                  The current regulatory provisions                  citation for the OMB control no. 2030–
                                               populations are impacted by                             imposing a deadline on complaint                      0020 and the provisions in 40 CFR part
                                               environmental pollutants; the number of                 notification and jurisdictional review                7 under which the OCR collects
                                               discrimination allegations and theories                 are unique to the EPA. This proposed                  information from applicants and
                                               that may be asserted in any one                         rule removes these deadlines and, as                  recipients to the table located in 40 CFR
                                               complaint under Title VI or the other                   with complaint investigations, it                     part 9. These technical corrections will
                                               nondiscrimination statutes; and the                     proposes that the EPA will ‘‘promptly’’               provide clarity to applicants and
                                               volume of the complaints received.                      acknowledge receipt of a complaint and                recipients of EPA assistance regarding
                                               Without the burden of an unrealistic,                   issue a decision on whether a complaint               which Information Collection Request
                                               self-imposed deadline, the EPA will be                  is accepted, rejected, or referred. The               control number applies to the EPA’s
                                               in a better position to improve the entire              substitution of ‘‘promptly’’ for specific             requests for information under 40 CFR
                                               External Compliance and Complaints                      deadlines ensures EPA has the                         part 7.
                                               Program, including the compliance                       flexibility to improve its External
                                               review and reports efforts discussed                    Compliance and Complaints Program.                    III. Statutory and Executive Orders
                                               above. Even without this deadline, the                  The EPA believes this removal is not                  Reviews
                                               EPA still must promptly investigate                     only reasonable, but will provide EPA                 A. Executive Order 12866: Regulatory
                                               complaints.                                             with the flexibility and time necessary               Planning and Review and Executive
                                                                                                       to complete a comprehensive and                       Order 13563: Improving Regulation and
                                               2. Complaint Investigations
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                                                                                                       thorough initial review to identify the               Regulatory Review
                                                 This proposed rule removes the                        most appropriate path to resolve the
                                               introductory text of 40 CFR 7.120                       complaint. Although, as reflected in the                This action is not a significant
                                               concerning the investigation of ‘‘all                   regulations of more than twenty other                 regulatory action and was therefore not
                                               complaints’’ and to adopt language,                     federal agencies, it is not common                    submitted to the Office of Management
                                               substantially similar to the regulations                practice to include specific deadlines,               and Budget (OMB) for review. The EPA
                                               of other federal agencies, requiring                    the EPA is fully committed to                         prepared an analysis of the potential
                                               investigation of complaints that                        processing complaints and compliance                  costs and benefits associated with this


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                                               77288                Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Proposed Rules

                                               action. A copy of the analysis is                       more detailed information on potential                H. Executive Order 13211: Actions That
                                               available in the docket for this action.                impacts.)                                             Significantly Affect Energy Supply,
                                                                                                         We continue to be interested in the                 Distribution, or Use
                                               B. Paperwork Reduction Act                              potential impacts of this proposed rule
                                                                                                       on small entities and welcome                           This action is not subject to Executive
                                                  This action does not impose any new
                                                                                                       comments on issues relating to such                   Order 13211 because it is not a
                                               information collection burden. This
                                                                                                       impacts.                                              significant regulatory action under
                                               proposed rule will allow the EPA to
                                                                                                                                                             Executive Order 12866.
                                               enforce civil rights laws. It therefore                 D. Unfunded Mandates Reform Act
                                               falls under the exemption to the                                                                              I. National Technology Transfer and
                                               Paperwork Reduction Act found at 44                       This action does not contain any                    Advancement Act
                                               U.S.C. 3518(e) that exempts agencies                    mandate as described in UMRA, 2
                                                                                                       U.S.C. 1531 through 1538, and does not                  This proposed rule does not involve
                                               from Paperwork Reduction Act
                                                                                                       significantly or uniquely affect small                technical standards.
                                               requirements when they are exercising
                                               their substantive enforcement authority                 governments. Because this proposed                    J. Executive Order 12898: Federal
                                               regarding civil rights laws. Even though                rule enforces statutory rights that                   Actions To Address Environmental
                                               this action is covered by the section                   prohibit discrimination as described in               Justice in Minority Populations and
                                               3518(e) exemption, this action is                       the exception at 2 U.S.C. 1503(2), it is              Low-Income Populations
                                               covered by an Information Collection                    not subject to the requirements of
                                                                                                       section 202 or 205 of the UMRA.                          Executive Order 12898 establishes
                                               Request that was approved by the Office
                                                                                                                                                             federal executive policy on
                                               of Management and Budget in June                        E. Executive Order 13132: Federalism                  environmental justice. Its main
                                               2015. The information collection
                                                                                                         This proposed rule does not have                    provision directs federal agencies, to the
                                               request contained in the existing
                                                                                                       federalism implications. It will not have             greatest extent practicable and
                                               regulations at 40 CFR part 7 was
                                                                                                       substantial direct effects on the states,             permitted by law, to make
                                               assigned OMB control number 2030–
                                                                                                       on the relationship between the national              environmental justice part of their
                                               0020. The OMB control numbers for the
                                                                                                       government and the states, or on the                  mission by identifying and addressing,
                                               EPA’s regulations in 40 CFR are listed
                                                                                                       distribution of power and                             as appropriate, disproportionately high
                                               in 40 CFR part 9.
                                                                                                       responsibilities among the various                    and adverse human health or
                                               C. Regulatory Flexibility Act                           levels of government.                                 environmental effects of their programs,
                                                                                                         In the spirit of Executive Order 13132,             policies, and activities on minority
                                                  I certify that this action will not have
                                                                                                       and consistent with the EPA policy to                 populations and low-income
                                               a significant economic impact on a
                                                                                                       promote communications between the                    populations in the United States.
                                               substantial number of small entities
                                                                                                       EPA and state and local governments,                     The EPA believes that improving its
                                               under the RFA. In making this
                                                                                                       the EPA specifically solicits comment                 External Compliance and Complaints
                                               determination, the impact of concern is
                                                                                                       on this proposed rule from state and                  Program will have a positive impact on
                                               any significant adverse economic
                                                                                                       local officials.                                      the agency’s efforts to advance
                                               impact on small entities. An agency may
                                               certify that a rule will not have a                     F. Executive Order 13175: Consultation                environmental justice. More precisely,
                                               significant economic impact on a                        and Coordination With Indian Tribal                   by bringing the EPA’s regulations into
                                               substantial number of small entities if                 Governments                                           alignment with the regulations of more
                                               the rule relieves regulatory burden, has                                                                      than twenty other agencies, the EPA
                                                                                                          This proposed rule does not directly               will have the regulatory tools necessary
                                               no net burden or otherwise has a                        impose any new obligations on the
                                               positive economic effect on the small                                                                         to exercise its discretion to make the
                                                                                                       federally recognized tribes that receive              complex determination of what sorts of
                                               entities subject to the rule. The deadline              or apply for EPA financial assistance.
                                               and technical amendments being                                                                                disparate impacts upon communities
                                                                                                       Moreover, the proposed rule would not                 constitute ‘‘sufficiently significant social
                                               proposed are not expected to have a                     impose compliance costs on tribes or
                                               direct impact on any grant recipients.                                                                        problems,’’ and are ‘‘readily enough
                                                                                                       preempt tribal law. Therefore,                        remediable, to warrant altering the
                                               The direct cost to any particular entity                consultation under Executive Order
                                               under a compliance review will not                                                                            practices of the federal grantees that had
                                                                                                       13175 is not required.                                produced those impacts.’’ Alexander v.
                                               increase because they already are                          However, EPA welcomes the views of
                                               potentially subject to compliance                                                                             Choate 469 U.S. 287, 293–294 (1985).
                                                                                                       tribes and is interested in considering               Such regulatory tools also will improve
                                               reviews under the existing regulations.                 any comments that tribes may offer on
                                               The impact of the proposed                                                                                    the EPA’s External Compliance and
                                                                                                       the proposed rule.                                    Complaints Program by forging an
                                               amendments related to compliance
                                               report requirements for any particular                  G. Executive Order 13045: Protection of               appropriate path to resolution tailored
                                               entity would only be the cost of                        Children From Environmental Health                    to the specific facts and circumstances
                                               assembling data and information that it                 and Safety Risks                                      of each matter. However, the EPA
                                               already must collect and maintain under                                                                       welcomes comments from minority,
                                                                                                         The EPA interprets Executive Order
                                               the existing regulations. We have                                                                             low-income or indigenous populations
                                                                                                       13045 as applying only to those
                                               therefore concluded that this action will                                                                     about these proposed regulatory
                                                                                                       regulatory actions that concern
                                               have no net regulatory burden for all                                                                         modifications.
                                                                                                       environmental health or safety risks that
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                                               directly regulated small entities.                      the EPA has reason to believe may                     List of Subjects
                                                  Although this proposed rule will not                 disproportionately affect children, per
                                                                                                                                                             40 CFR Part 7
                                               have a significant economic impact on                   the definition of ‘‘covered regulatory
                                               a substantial number of small entities,                 action’’ in section 2–202 of the                        Environmental protection,
                                               the EPA nonetheless has tried to reduce                 Executive Order. This action is not                   Administrative practice and procedure,
                                               the impact of this proposed rule on                     subject to Executive Order 13045                      Age discrimination, Civil rights, Equal
                                               small entities. (See Economic Analysis                  because it does not concern an                        employment opportunity, Individuals
                                               in the docket for this rulemaking for                   environmental health risk or safety risk.             with disabilities, Reporting and


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                                                                    Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Proposed Rules                                                           77289

                                               recordkeeping requirements, Sex                         ascertain whether the recipient has                      Authority: 7 U.S.C. 135 et seq., 136–136y;
                                               discrimination.                                         complied or is complying with this                    15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;
                                                                                                       subpart. In general, recipients should                21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
                                               40 CFR Part 9                                                                                                 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,
                                                                                                       have available for the Agency the racial
                                                 Environmental protection, Reporting                                                                         1321, 1326, 1330, 1342, 1344, 1345 (d) and
                                                                                                       composition of affected neighborhoods.                (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR
                                               and recordkeeping requirements.                         In the case in which a primary recipient              1971–1975 Comp. p. 973; 42 U.S.C. 241,
                                                 Dated: December 1, 2015.                              extends federal financial assistance to               242b, 243, 246, 300f, 300g, 300g–1, 300g–2,
                                               Gina McCarthy,                                          any other recipient or subcontracts with              300g–3, 300g–4, 300g–5, 300g–6, 300j–1,
                                               Administrator.                                          any other person or group, such other                 300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,
                                                                                                       recipient shall also submit such                      6901–6992k, 7401–7671q, 7542, 9601–9657,
                                                  For the reasons set out in the                                                                             11023, 11048.
                                                                                                       compliance reports to the primary
                                               preamble, the EPA proposes to amend
                                                                                                       recipient as may be necessary to enable               ■ 8. In § 9.1, the table is amended by
                                               title 40, chapter I of the Code of Federal
                                                                                                       the primary recipient to carry out its                adding the heading titled
                                               Regulations as follows:
                                                                                                       obligations under this Subpart.                       ‘‘Nondiscrimination in Programs or
                                               PART 7—NONDISCRIMINATION IN                             *     *     *     *    *                              Activities Receiving EPA Assistance’’
                                               PROGRAMS OR ACTIVITIES                                                                                        and entries 7.80, 7.85, 7.110, and 7.115
                                               RECEIVING FEDERAL ASSISTANCE                            Subpart E—Agency Compliance                           above the heading ‘‘Protection of
                                               FROM THE ENVIRONMENTAL                                  Procedures                                            Human Subjects’’ to read as follows:
                                               PROTECTION AGENCY                                       § 7.110   [Amended]                                   § 9.1 OMB approvals under the Paperwork
                                               ■ 1. The Authority citation for part 7                  ■ 4. Section 7.110 paragraph (a), fourth              Reduction Act.
                                               continues to read as follows:                           sentence is amended by removing ‘‘only                *        *        *         *        *
                                                                                                       when it has reason to believe that
                                                 Authority: 42 U.S.C. 2000d to 200d–7 and
                                               6101 et seq.; 29 U.S.C. 794; 33 U.S.C. 1251nt.          discrimination may be occurring in a                          40 CFR citation                  OMB control No.
                                                                                                       program or activity which is the subject
                                                                                                       of the application’’.                                     *              *             *          *        *
                                               Subpart D—Requirements for
                                               Applicants and Recipients                               § 7.115   Postaward compliance.                             Nondiscrimination in Programs or
                                                                                                                                                                  Activities Receiving EPA Assistance
                                               § 7.80   [Amended]                                      ■ 5. Amend § 7.115 by revising
                                               ■  2. Section 7.80 is amended by                        paragraphs (a) and (c)(1) to read as                  7.80 .................................          2030–0020
                                               removing the parenthetical citation                     follows:                                              7.85 .................................          2030–0020
                                               ‘‘(Approved by the Office of                              (a) Periodic review. The OCR may                    7.110 ...............................           2030–0020
                                               Management and Budget under control                     periodically conduct compliance                       7.115 ...............................           2030–0020
                                               number 2000–0006)’’ following                           reviews of any recipient’s programs or
                                               paragraph (c)(3).                                       activities receiving EPA assistance,                      *              *             *          *        *
                                               ■ 3. Section 7.85 is amended by:                        including the request of data and
                                               ■ a. Revising paragraph (b);                            information, and may conduct on-site                  *        *        *         *        *
                                               ■ b. Redesignating paragraphs (f) and (g)                                                                     [FR Doc. 2015–31050 Filed 12–11–15; 8:45 am]
                                                                                                       reviews.
                                               as paragraphs (g) and (h) respectively,                                                                       BILLING CODE 6560–50–P
                                                                                                       *     *      *     *     *
                                               and adding a new paragraph (f); and
                                               ■ c. Removing the parenthetical citation
                                                                                                         (c) * * * (1) The OCR will notify the
                                               ‘‘(Approved by the Office of                            recipient in writing by certified mail,
                                                                                                                                                             FEDERAL COMMUNICATIONS
                                               Management and Budget under control                     return receipt requested, of:
                                                                                                                                                             COMMISSION
                                               number 2000–0006)’’ following the                       *     *      *     *     *
                                               newly redesignated paragraph (h).                       ■ 6. Amend § 7.120 by revising the                    47 CFR Parts 10 and 11
                                                  The revisions and additions read as                  introductory text and paragraphs (c) and
                                                                                                                                                             [PS Docket No. 15–91; FCC 15–154]
                                               follows:                                                (d)(1)(i) to read as follows:
                                               § 7.85   Recipients.                                    § 7.120   Complaint investigations.                   Improving Wireless Emergency Alerts
                                                                                                                                                             and Community-Initiated Alerting
                                               *     *     *     *    *                                  The OCR will make a prompt
                                                 (b) Additional compliance                             investigation whenever a complaint                    AGENCY:  Federal Communications
                                               information. If necessary, the OCR may                  indicates a possible failure to comply.               Commission.
                                               require recipients to submit data and                   *     *     *    *      *                             ACTION: Proposed rule.
                                               information specific to certain programs                  (c) Notification. The OCR will notify
                                               or activities to determine compliance or                the complainant and the recipient of the              SUMMARY:    This document proposes
                                               to investigate a complaint alleging                     agency’s receipt of the complaint.                    revisions to Wireless Emergency Alert
                                               discrimination in a program or activity                   (d) * * *                                           (WEA) rules designed to improve the
                                               receiving EPA assistance. Requests shall                                                                      clarity of WEA messages, ensure that
                                                                                                         (1) * * * (i) After the
                                               be limited to data and information                                                                            WEA alerts reach only those individuals
                                                                                                       acknowledgment, the OCR will
                                               which is relevant to determining                                                                              to whom a WEA alert is relevant, and
                                                                                                       promptly review the complaint for
                                               compliance.                                                                                                   establish a WEA testing program that
                                                                                                       acceptance, rejection, or referral to the
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                                               *     *     *     *    *                                appropriate Federal agency.                           will improve the effectiveness of the
                                                 (f) Compliance reports. Each recipient                                                                      system for public safety officials and the
                                                                                                       *     *     *    *      *                             public. This document also seeks
                                               shall keep such records and submit to
                                               the OCR timely, complete, and accurate                  PART 9—OMB APPROVALS UNDER                            comment on issues necessary to ensure
                                               compliance reports at such times, and in                THE PAPERWORK REDUCTION ACT                           that WEA keeps pace with evolving
                                               such form and containing such                                                                                 technologies and thus empowers
                                               information, as the OCR may determine                   ■ 7. The Authority citation for part 9                communities to initiate these life-saving
                                               to be necessary to enable the OCR to                    continues to read as follows:                         alerts. By this action, the Commission


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Document Created: 2015-12-14 13:47:36
Document Modified: 2015-12-14 13:47:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before February 12, 2016.
ContactJeryl Covington or Helena Wooden- Aguilar, U.S. Environmental Protection Agency, Office of Civil Rights, (Mail Code 1201A), 1200 Pennsylvania Ave. NW., Washington, D,C. 20460, telephone (202) 564-7272, (202) 564-7713 or (202) 564-0792.
FR Citation80 FR 77284 
RIN Number2090-AA39
CFR Citation40 CFR 7
40 CFR 9
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Age Discrimination; Civil Rights; Equal Employment Opportunity; Individuals with Disabilities; Reporting and Recordkeeping Requirements and Sex Discrimination

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