81 FR 11348 - Notice of Proposed Equal Employment Opportunity Program Circular
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration Federal Register Volume 81, Issue 42 (March 3, 2016)
Federal Transit Administration
Federal Register Volume 81, Issue 42 (March 3, 2016)
| Page Range | 11348-11351 | |
| FR Document | 2016-04648 |
[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)] [Notices] [Pages 11348-11351] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04648] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Transit Administration [Docket Number: FTA-2016-0013] Notice of Proposed Equal Employment Opportunity Program Circular AGENCY: Federal Transit Administration, DOT. ACTION: Notice of proposed revisions to circular and request for comment. ----------------------------------------------------------------------- SUMMARY: The Federal Transit Administration (FTA) has placed in the docket and on its Web site proposed guidance in the form of a Circular to assist grantees in complying with various Equal Employment Opportunity regulations and statutes. The purpose of this Circular is to provide recipients of FTA financial assistance with instructions and guidance necessary to carry out the U.S. Department of Transportation's Equal Employment Opportunity regulations (*****). FTA is updating its ``Equal Employment Opportunity (EEO) Program Guidelines for Grant Recipients'' to clarify the requirements for compliance. By this notice, FTA invites public comment on the proposed circular. DATES: Comments must be submitted by May 2, 2016. Late-filed comments will be considered to the extent practicable. ADDRESSES: Please submit your comments by only one of the following methods, identifying your submission by docket No. FTA-2016-0013. All electronic submissions must be made to the U.S. Government electronic site at http://www.regulations.gov. (1) Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for submitting comments. (2) Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590-0001. (3) Hand Delivery or Courier: West Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. Eastern time, Monday through Friday, except Federal holidays. (4) Fax: (202) 493-2251. Instructions: You must include the agency name (Federal Transit [[Page 11349]] Administration) and Docket number (FTA-2016-0013) for this notice at the beginning of your comments. Submit two copies of your comments if you submit them by mail. If you wish to receive confirmation that FTA received your comments, you must include a self-addressed stamped postcard. Note that all comments received will be posted without change to http://www.regulations.gov including any personal information provided and will be available to Internet users. You may review DOT's complete Privacy Act Statement published in the Federal Register on April 11, 2000 (65 FR 19477) or http://DocketsInfo.dot.gov. Docket: For access to the docket to read background documents and comments received, go to http://www.regulations.gov at any time or to the U.S. Department of Transportation, 1200 New Jersey Avenue SE., Docket Operations, M-30, West Building, Ground Floor, Room W12-140, Washington, DC 20590 between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Anita Heard, Office of Civil Rights, Federal Transit Administration, 1200 New Jersey Avenue SE., Room E54- 420, Washington, DC 20590, phone: (202) 493-0318, or email, [email protected]. For legal questions, Gwendolyn Franks, Office of Chief Counsel, 915 2nd Avenue, Suite 3142, Seattle, WA 98174, phone: 206-220-7954, or email: [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Overview II. Chapter-by-Chapter Analysis A. Chapter 1--Introduction and Applicability B. Chapter 2--EEO Program Requirements C. Chapter 3--EEO Compliance Oversight, Complaints, and Enforcement D. Appendix A--References I. Overview FTA is updating its EEO Circular to clarify what recipients must do to comply with Titles VI and VII of the Civil Rights Act of 1964, Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), 49 U.S.C. Chapter 53 (the Federal Transit law), other Federal civil rights statutes, and the U.S. Department of Transportation (DOT) regulations in 49 CFR part 21 . The EEO Circular, last revised in 1988 when the Federal Transit Administration (FTA) was called the Urban Mass Transportation Administration (UMTA), requires changes to bring EEO- related guidance up to date. This notice provides a summary of proposed changes to Circular 4704.1, ``Equal Employment Opportunity Program Guidelines for Grant Recipients.'' The final Circular, when adopted, will supersede the existing circular. The proposed Circular incorporates the Department of Labor's standards for an affirmative action program; the Equal Employment Opportunity Commission (EEOC) regulations; the guidelines for an effective implementation of Executive Order 11246, as amended; section 503 of the Rehabilitation Act of 1973, as amended; Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), and the Americans with Disabilities Act of 1990; and other civil rights statutes related to employment practices. These laws ban discrimination and require Federal contractors and subcontractors to take affirmative action to ensure that all individuals have an equal opportunity for employment, without regard to race, color, religion, sex, age, national origin, disability, veteran status, or genetic information. Additionally, since the existing Circular went into effect, legislation and court cases have transformed affirmative action policies and affected recipients' and beneficiaries' responsibilities. The proposed Circular would incorporate these changes in law and judicial interpretations. Also, the proposed Circular would incorporate lessons learned from FTA administered oversight activities, including triennial and state management reviews, and discretionary EEO compliance reviews. During these reviews, FTA identified problems related to ambiguous language in the existing Circular. These problems included failure to conduct utilization analyses, failure to develop effective and measurable goals and timetables, and failure to execute a written plan for internal and external dissemination of its EEO Policy. The proposed circular reorganizes, clarifies, and provides examples of the information that must be included in a compliant EEO program. This document does not include the proposed circular on which FTA seeks comment; however, an electronic version may be found on FTA's Web site at http://www.fta.dot.gov, and in the docket, at http://www.regulations.gov. Paper copies of the proposed Circular may be obtained by contacting FTA's Administrative Services Help Desk, at (202) 366-4865. II. Chapter-by-Chapter Analysis Readers familiar with the existing FTA Circular 4704.1 will notice a number of changes to the proposed circular. The proposed circular eliminates outdated nomenclature, such as references to ``UMTA,'' references to the ``Urban Mass Transit Act,'' and removes references to statutory provisions such as the ``Federal Aid Urban System Program.'' The title of the proposed circular has been change to ``Equal Employment Opportunity (EEO) Requirements and Guidelines for Federal Transit Administration Recipients.'' We have also reorganized the proposed circular for ease-of-read. The existing Circular is organized as follows: Chapter I--General; Chapter II--Coverage; Chapter III--EEO Program Components; Chapter IV--Types of Compliance Reviews; Chapter V--Remedial Actions and Enforcement Procedures; and Chapter VI--Discrimination Complaints. The proposed circular is organized as follows: Chapter 1--Introduction and Applicability; Chapter 2--EEO Program Requirements; and Chapter 3--EEO Compliance Oversight, Complaints, and Enforcement Proposed Chapter 1 includes existing Chapters 1 and 2, excluding the ``Frequency of Update'' subsection from existing Chapter II. Proposed Chapter 2 includes the ``Frequency of Update'' subsection and existing Circular Chapter III. The Proposed Chapter 3 includes Chapters IV, V, and VI from the existing Circular. FTA seeks comments on the scope and content of the proposed Circular, specifically as to whether there are areas that need more clarification or explanation, or topics that were overlooked. FTA also seeks suggestions for resources that should be included in the proposed Circular, including good practices and sample materials. Additional items FTA seeks comment on are included in the chapter-by-chapter analysis below. A. Chapter 1--Introduction and Applicability Chapter 1 of the proposed circular is an introductory chapter that reviews the organization of the circular, the authority for establishing the circular, and applicability to grantees. The proposed circular chapter includes added sections entitled Introduction, Organization of this Circular, and Authorities. The content of the Introduction and Authorities sections contain updated information currently covered in Chapter I of the existing circular. The authority for the EEO program requirements includes [[Page 11350]] statutes, regulations, and executive orders that establish the context for ensuring nondiscrimination in employment on the basis of a protected class. The proposed Organization of this Circular section is new and intended to assist the reader's understanding of the proposed circular structure. The proposed State Administered Programs section contains updated references and includes the most recent information about the MOU between FTA and FHWA on this subject. The proposed Definitions section is significantly updated. Where the current circular definitions reference UMTA, the proposed definitions reference FTA. We have proposed new definitions where current law has created new terminology or where terms are unclear or undefined in the existing circular. Some definitions have been updated to comply with existing law or to increase clarity. Where applicable, we have used the same definitions found in rulemakings or other circulars to ensure consistency. Proposed new definitions include: Adverse impact, Complainant, Disability, Disparate impact, Disparate treatment, Employee, Equal Employment Opportunity Program (EEOP), Equal Employment Opportunity statutes and regulations, Federal financial assistance, FTA activity, One-person rule, Programs or activities, Protected class, and Transit- related employee. Proposed updated definitions include: Applicant, Compliance, Contractor, Discrimination, Good faith efforts, Minority persons, Noncompliance, Primary recipient, Recipient or Grantee, and Secretary. Two definitions have been removed in the proposed circular: Affirmative Action Plan and Probable Noncompliance. FTA seeks comment on potential changes to the Memorandum of Understanding (MOU) between FTA and the Federal Highway Administration (FHWA). Currently, FTA has the responsibility for reviewing, monitoring, and approving state DOT's EEO Programs in accordance with FTA's regulations, policies, and guidance, while FHWA has the responsibility for reviewing, monitoring and approving state DOT's EEO Programs in accordance with FHWA's regulations, policies, and guidance. Although FHWA currently requires an annual to multiyear program submission, FTA requires EEOP submissions on a triennial basis. FTA seeks comments on developing an updated MOU between FTA and FHWA, which would allow state DOTs to submit a single EEO program that will satisfy both FTA and FHWA requirements. FTA also seeks comment regarding a potential change to the threshold for Equal Employment Opportunity Program submission from the current standard of grantees with 50 transit-related employees, to grantees with 100 transit-related employees. FTA seeks comment on establishing a Memorandum of Understanding between FTA and the Department of Labor (DOL) with regard to EEO program submissions and approval. The MOU would allow the agency to submit an EEO Program that would satisfy both FTA and DOL submission requirements. FTA seeks comment on the content of Chapter 1. B. Chapter 2--EEO Program Requirements Chapter 2 of the proposed Circular discusses how frequently a grantee must submit an updated Equal Employment Opportunity Program (EEOP). The proposed Frequency of Update section is moved from the current Chapter II--Coverage and combined with the components of the current Chapter III--EEO Program Requirements. The Frequency of Update section proposes to remove the discretion of the FTA Office of Civil Rights to request less information from a recipient when the previous EEO program has not changed significantly in the intervening three years. Proposed Chapter 2 primarily explains the seven required elements of an EEOP for FTA review. The chapter details proposed required language, required supporting documentation, the type of analysis that must be conducted, and the acceptable methods to report the results of the analysis. The seven elements proposed are: (1) Statement of Policy (2) Dissemination (3) Designation of Personnel Responsibility (4) Utilization Analysis (5) Goals and Timetables (6) Assessment of Employment Practices (7) Monitoring and Reporting A majority of proposed Chapter 2 has been relocated from Chapters II and III of the existing circular. However, those familiar with the EEOP will notice a few changes in these sections. Proposed subsection 2.2.2, ``Dissemination,'' increases the frequency requirement for meeting with top management officials to discuss the EEOP from a minimum of ``semiannually'' to a minimum of ``quarterly.'' This section also proposes simplification of and updated language for External Dissemination requirements. Impartiality is important to the EEOP's credibility. Specifically, the separation of functions would entail separating the EEO Officer position from human resources positions and other positions that serve defensive functions in an agency, such as the legal office. With regards to ``Designation of Personnel Responsibility'' in proposed subsection 2.2.3, FTA proposes to add a requirement that agencies must ``ensure that no conflicts of position or conflicts of interest occur or appear to occur with respect to the EEO Officer's role.'' The proposed Circular would require ``the functional unit that reviews EEO matters be separate and apart from the unit that represents the agency in EEO complaints.'' This proposed section also adds requirements for the EEO Officer's EEOP Responsibilities, including reviewing the agency's nondiscrimination plan with all managers and supervisors, periodic reviews of policies, procedures, and union agreements, providing training for employees and managers, advising employees and applicants of training and development opportunities, and auditing of EEO Policy statement postings to ensure compliance. The section also proposes to alter existing responsibilities, including a requirement for reporting ``quarterly'' instead of ``periodically'' on each department's progress toward goals, and ``investigating'' complaints of discrimination instead of ``processing'' such complaints. FTA proposes to remove the requirement that the EEO Officer concur in all hires and promotions. In the area of Agency EEO Responsibilities, the proposed circular updates and streamlines some of the enumerated requirements in the existing circular and adds two responsibilities. FTA proposes requirements to add and update a personnel database, and to encourage employee participation to support the advancement of the EEOP. The proposed section removes explicit requirements for assisting in the identification of problem areas, active involvement in affinity groups and community organizations, career counseling of employees, and participation in periodic audits to ensure each agency unit is compliance. FTA believes the concepts in the removed items are captured elsewhere in Chapter 2. Proposed subsection 2.2.4, ``Utilization Analysis,'' requires agencies to use EEO-4 reporting categories. This proposal changes the approach to Utilization Analysis in the [[Page 11351]] current circular. Additionally, this section discusses a new MOU between EEOC and FTA which allows FTA to obtain the agency's EEO-4 utilization numbers. As a result, the transit agency or grantee will be able to access their current utilization numbers and complete the required utilization in FTA's electronic database under the proposed language. For agencies under 100 employees that do not submit reports to EEOC, this proposed section also includes links to a Microsoft Excel spreadsheet template (with instructions) for use in completing the utilization and availability analysis. The proposed language adds requirements for Availability Analysis, including explanation of and requirements for explaining why agencies selected particular areas for the analysis and quantifying plans when underutilization is identified. Proposed subsection 2.2.5, ``Goals and Timetables,'' proposes to require agencies to set long term and short term numerical goals and timetables for each individual minority group, broken down by specific racial/ethnic subcategories for men and women. This section includes changes to the guidelines for goal setting, including a guideline to set goals that are realistic and measurable. The proposed requirements reduce the long term goal period from 4-5 years to 2 or more years. FTA also proposes to add a requirement that agencies collect reports from unit managers on a scheduled basis to determine what goals are being met and to review these reports with all levels of management. Proposed subsection 2.2.6, ``Assessment of Employment Practices,'' removes reference to ``Affirmative Action'' in the heading. It also proposes to move discussion of self-analysis from the Goals and Timetables section of the current circular to proposed subsection 2.2.6. We propose to add a requirement that statistical data show any potential impact of an agency's employment practices on persons with disabilities and veterans. This includes the number of applicants for employment, the number hired, and the number promoted, cross-references by sex and race. Having this data will assist in measuring the effectiveness of outreach and recruitment efforts for persons with disabilities and veterans. The proposed section also adds requirements for a description of the agency's training programs, review of wage and salary structure, establishment of privacy protocols, and collection of reports from unit managers on a scheduled basis in a manner similar to Goals and Timetables requirements. Proposed subsection 2.2.7, ``Monitoring and Reporting,'' updates the description of the purposes of the monitoring and reporting system. The proposed section adds a requirement for agencies to describe the complaint process and maintain a log of complains. The proposed section also requires agencies to maintain records on applicants, hires, transfers, promotions, training and termination. Finally, the proposed section adds a list of Required EEOP Attachments. FTA seeks comment on the content of Chapter 2. With regards to the EEOP process, FTA seeks comment on the paperwork burdens for carrying out the requirements set forth in the proposed circular. Specifically FTA seeks comment on how long it will take to develop an EEO Program with the requirements set out in Chapter 2 of the proposed Circular. FTA also seeks suggestions from grantees regarding how to use information technology to decrease the amount of time it takes to develop an EEO Program. C. Chapter 3--EEO Compliance Oversight, Complaints, and Enforcement Chapter 3 of the proposed circular combines topics covered in chapters IV, V, and VI of the existing circular. It explains how FTA carries out its EEO oversight and enforcement responsibilities. This includes a discussion of factors that lead to FTA conducting a compliance review such as lawsuits, complaints, or investigations conducted by organizations other than FTA, insufficient EEO program submissions, EEO findings, or recommendations from prior triennial, state management reviews that are deficient. The chapter explains the EEO compliance review process and the required steps for implementing corrective actions for any deficiencies found during the review. The chapter also covers the complaint process and how grantees can file a complaint. Proposed section 3.1, ``Compliance Oversight,'' updates the description of types of oversight reviews and authorities for such reviews. FTA proposes to change the description of compliance reviews to encompass all reviews and remove the distinction between ``Application Reviews'' and ``Post-Approval Reviews'' in the existing circular. Further, FTA proposes to change the frequency requirement for compliance reviews outside of the Triennial Review or State Management Review cycle. The current circular requires these reviews ``at least once every 3 years.'' FTA proposes to change the frequency to allow FTA to determine the frequency and scope of the reviews at its discretion and on a case-by-case basis. Proposed section 3.1.3 removes the explanation of Remedial Action Plans. Proposed section 3.2, ``Complaints,'' is reorganized and proposes to add significantly more detail to the complaint process. In proposed subsection 3.2.6, FTA proposes to add an Administrative Closure option. FTA seeks comment on the content of Chapter 3. D. Appendix A--References Proposed Appendix A adds a list of references to the proposed circular. A similar list is contained on the cover page of the existing circular. The proposed list of references in Appendix A updates and adds references based on the current state of the law and guidance. FTA seeks comment on the content of Appendix A. Issued in Washington, DC. Therese W. McMillan, Acting Administrator. [FR Doc. 2016-04648 Filed 3-2-16; 8:45 am] BILLING CODE 4910-57-P
![11348 Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices
Locomotive Safety Standards (Sections crashworthiness criteria contained in www.regulations.gov/#!privacyNotice
229.31, 229.51, 229.47, 229.71, 229.135, the ETF guidelines. DCTA is not for the privacy notice of regulations.gov.
and Appendix D); Part 231, Railroad requesting any modification of the
Robert C. Lauby,
Safety Appliance Standards (Section conditions contained in that decision
Associate Administrator for Railroad Safety,
231.14); and Part 239, Passenger Train letter.
Chief Safety Officer.
Emergency Preparedness (Section A copy of the petition, as well as any
written communications concerning the [FR Doc. 2016–04670 Filed 3–2–16; 8:45 am]
239.101). FRA assigned the petition
Docket Number FRA–2010–0180. petition, is available for review online at BILLING CODE 4910–06–P
DCTA operates its ‘‘A-train’’ www.regulations.gov and in person at
commuter rail service along a 21.3–mile the U.S. Department of Transportation’s
corridor adjacent to and parallel with (DOT) Docket Operations Facility, 1200 DEPARTMENT OF TRANSPORTATION
Interstate 35 between Dallas, TX, and New Jersey Avenue SE., W12–140, Federal Transit Administration
Denton, TX, featuring six station stops. Washington, DC 20590. The Docket
The commuter rail operation is Operations Facility is open from 9 a.m. [Docket Number: FTA–2016–0013]
contracted to Herzog for vehicle and to 5 p.m., Monday through Friday,
right-of-way maintenance, dispatching except Federal Holidays. Notice of Proposed Equal Employment
services, dispatching, and operations. Interested parties are invited to Opportunity Program Circular
The corridor also has a currently active participate in these proceedings by AGENCY: Federal Transit Administration,
freight operation served by the Dallas submitting written views, data, or DOT.
Garland and Northeastern Railroad, comments. FRA does not anticipate ACTION: Notice of proposed revisions to
which provides freight service to scheduling a public hearing in circular and request for comment.
customers in the Lewisville, TX, area. connection with these proceedings since
The passenger operations are temporally the facts do not appear to warrant a SUMMARY: The Federal Transit
separated from freight operations hearing. If any interested party desires Administration (FTA) has placed in the
through a plan on file with FRA using an opportunity for oral comment, they docket and on its Web site proposed
interlocked derails on the southern should notify FRA, in writing, before guidance in the form of a Circular to
terminus and stub-end track on the the end of the comment period and assist grantees in complying with
northern terminus. In its extension specify the basis for their request. various Equal Employment Opportunity
request, DTCA states that a real-time All communications concerning these regulations and statutes. The purpose of
shunt monitoring system is being proceedings should identify the this Circular is to provide recipients of
installed in conjunction with Positive appropriate docket number and may be FTA financial assistance with
Train Control. submitted by any of the following instructions and guidance necessary to
DCTA operates Stadler diesel methods: carry out the U.S. Department of
multiple-unit (DMU) vehicles • Web site: http:// Transportation’s Equal Employment
constructed to meet European safety www.regulations.gov. Follow the online Opportunity regulations (*****). FTA is
standards for crashworthiness and instructions for submitting comments. updating its ‘‘Equal Employment
related safety measures. As asserted in • Fax: 202–493–2251. Opportunity (EEO) Program Guidelines
its original petition, DCTA chose these • Mail: Docket Operations Facility, for Grant Recipients’’ to clarify the
vehicles because DCTA believes that U.S. Department of Transportation, 1200 requirements for compliance. By this
they offer an equivalent or higher level New Jersey Avenue SE., W12–140, notice, FTA invites public comment on
of safety, security, and performance to Washington, DC 20590. the proposed circular.
the passenger and crew than • Hand Delivery: 1200 New Jersey DATES: Comments must be submitted by
conventional FRA-compliant Avenue SE., Room W12–140, May 2, 2016. Late-filed comments will
equipment. Washington, DC 20590, between 9 a.m. be considered to the extent practicable.
In a July 13, 2011, decision letter, and 5 p.m., Monday through Friday, ADDRESSES: Please submit your
FRA granted relief from the Federal except Federal Holidays. comments by only one of the following
railroad safety regulations listed above. Communications received by April methods, identifying your submission
Additionally, FRA invoked its authority 18, 2016 will be considered by FRA by docket No. FTA–2016–0013. All
under 49 U.S.C. 20306 to exempt DCTA before final action is taken. Comments electronic submissions must be made to
from the requirements of 49 U.S.C. received after that date will be the U.S. Government electronic site at
20302 for sill steps and end handholds. considered as far as practicable. http://www.regulations.gov.
The current waiver expires on July 13, Anyone is able to search the (1) Federal eRulemaking Portal: Go to
2016. electronic form of any written http://www.regulations.gov and follow
FRA notes that this docket number communications and comments the online instructions for submitting
includes a separate permanent decision received into any of our dockets by the comments.
letter dated May 31, 2012, which was name of the individual submitting the (2) Mail: Docket Management Facility:
granted in accordance with FRA’s comment (or signing the document, if U.S. Department of Transportation, 1200
October 2011 final report and guidelines submitted on behalf of an association, New Jersey Avenue SE., West Building,
on ‘‘Technical Criteria and Procedures business, labor union, etc.). In Ground Floor, Room W12–140,
for Evaluating the Crashworthiness and accordance with 5 U.S.C. 553(c), DOT Washington, DC 20590–0001.
Occupant Protection Performance of solicits comments from the public to (3) Hand Delivery or Courier: West
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Alternatively Designed Passenger Rail better inform its processes. DOT posts Building, Ground Floor, Room W12–
Equipment for Use in Tier I Service,’’ these comments, without edit, including 140, 1200 New Jersey Avenue SE.,
issued by the Engineering Task Force any personal information the between 9 a.m. and 5 p.m. Eastern time,
(ETF). This letter, known as the commenter provides, to Monday through Friday, except Federal
‘‘Alternatively Designed Vehicle (AVT)’’ www.regulations.gov, as described in holidays.
waiver, was granted to DCTA for use of the system of records notice (DOT/ALL– (4) Fax: (202) 493–2251.
its Stadler GTW 2/6 DMUs, finding that 14 FDMS), which can be reviewed at Instructions: You must include the
they are in compliance with www.dot.gov/privacy. See also http:// agency name (Federal Transit
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![Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Notices 11351
current circular. Additionally, this Proposed subsection 2.2.7, determine the frequency and scope of
section discusses a new MOU between ‘‘Monitoring and Reporting,’’ updates the reviews at its discretion and on a
EEOC and FTA which allows FTA to the description of the purposes of the case-by-case basis.
obtain the agency’s EEO–4 utilization monitoring and reporting system. The Proposed section 3.1.3 removes the
numbers. As a result, the transit agency proposed section adds a requirement for explanation of Remedial Action Plans.
or grantee will be able to access their agencies to describe the complaint Proposed section 3.2, ‘‘Complaints,’’
current utilization numbers and process and maintain a log of is reorganized and proposes to add
complete the required utilization in complains. The proposed section also significantly more detail to the
FTA’s electronic database under the requires agencies to maintain records on complaint process. In proposed
proposed language. For agencies under applicants, hires, transfers, promotions, subsection 3.2.6, FTA proposes to add
100 employees that do not submit training and termination. Finally, the an Administrative Closure option.
reports to EEOC, this proposed section proposed section adds a list of Required FTA seeks comment on the content of
also includes links to a Microsoft Excel EEOP Attachments. Chapter 3.
spreadsheet template (with instructions) FTA seeks comment on the content of
D. Appendix A—References
for use in completing the utilization and Chapter 2. With regards to the EEOP
availability analysis. The proposed process, FTA seeks comment on the Proposed Appendix A adds a list of
language adds requirements for paperwork burdens for carrying out the references to the proposed circular. A
Availability Analysis, including requirements set forth in the proposed similar list is contained on the cover
explanation of and requirements for circular. Specifically FTA seeks page of the existing circular. The
explaining why agencies selected comment on how long it will take to proposed list of references in Appendix
particular areas for the analysis and develop an EEO Program with the A updates and adds references based on
quantifying plans when underutilization requirements set out in Chapter 2 of the the current state of the law and
is identified. proposed Circular. FTA also seeks guidance.
suggestions from grantees regarding how FTA seeks comment on the content of
Proposed subsection 2.2.5, ‘‘Goals and Appendix A.
Timetables,’’ proposes to require to use information technology to
agencies to set long term and short term decrease the amount of time it takes to Issued in Washington, DC.
numerical goals and timetables for each develop an EEO Program. Therese W. McMillan,
individual minority group, broken down C. Chapter 3—EEO Compliance Acting Administrator.
by specific racial/ethnic subcategories Oversight, Complaints, and [FR Doc. 2016–04648 Filed 3–2–16; 8:45 am]
for men and women. This section Enforcement BILLING CODE 4910–57–P
includes changes to the guidelines for Chapter 3 of the proposed circular
goal setting, including a guideline to set combines topics covered in chapters IV,
goals that are realistic and measurable. V, and VI of the existing circular. It DEPARTMENT OF TRANSPORTATION
The proposed requirements reduce the explains how FTA carries out its EEO
long term goal period from 4–5 years to National Highway Traffic Safety
oversight and enforcement Administration
2 or more years. FTA also proposes to responsibilities. This includes a
add a requirement that agencies collect discussion of factors that lead to FTA Denial of Motor Vehicle Defect Petition
reports from unit managers on a conducting a compliance review such as
scheduled basis to determine what goals lawsuits, complaints, or investigations AGENCY: National Highway Traffic
are being met and to review these conducted by organizations other than Safety Administration, (NHTSA),
reports with all levels of management. FTA, insufficient EEO program Department of Transportation.
Proposed subsection 2.2.6, submissions, EEO findings, or ACTION: Denial of a petition for a defect
‘‘Assessment of Employment Practices,’’ recommendations from prior triennial, investigation.
removes reference to ‘‘Affirmative state management reviews that are
Action’’ in the heading. It also proposes deficient. The chapter explains the EEO SUMMARY: This notice sets forth the
to move discussion of self-analysis from compliance review process and the reasons for denying a petition (DP15–
the Goals and Timetables section of the required steps for implementing 007) submitted to NHTSA under 49
current circular to proposed subsection corrective actions for any deficiencies U.S.C. 30162 and 49 CFR part 552,
2.2.6. We propose to add a requirement found during the review. The chapter requesting that the agency ‘‘have Toyota
that statistical data show any potential also covers the complaint process and correct software defects in their
impact of an agency’s employment how grantees can file a complaint. electronic throttle control software’’ and
practices on persons with disabilities Proposed section 3.1, ‘‘Compliance then ‘‘issue a national recall of all
and veterans. This includes the number Oversight,’’ updates the description of effected [sic] vehicles and have Toyota
of applicants for employment, the types of oversight reviews and replace the old faulty code with the new
number hired, and the number authorities for such reviews. FTA safer code.’’
promoted, cross-references by sex and proposes to change the description of FOR FURTHER INFORMATION CONTACT: Mr.
race. Having this data will assist in compliance reviews to encompass all Stephen McHenry, Vehicle Control
measuring the effectiveness of outreach reviews and remove the distinction Division, Office of Defects Investigation,
and recruitment efforts for persons with between ‘‘Application Reviews’’ and NHTSA, 1200 New Jersey Avenue SE.,
disabilities and veterans. The proposed ‘‘Post-Approval Reviews’’ in the existing Washington, DC 20590. Telephone 202–
366–4883. Email stephen.mchenry@
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section also adds requirements for a circular. Further, FTA proposes to
description of the agency’s training change the frequency requirement for dot.gov.
programs, review of wage and salary compliance reviews outside of the SUPPLEMENTARY INFORMATION:
structure, establishment of privacy Triennial Review or State Management
protocols, and collection of reports from Review cycle. The current circular 1.0 Introduction
unit managers on a scheduled basis in requires these reviews ‘‘at least once Interested persons may petition
a manner similar to Goals and every 3 years.’’ FTA proposes to change NHTSA requesting that the agency
Timetables requirements. the frequency to allow FTA to initiate an investigation to determine
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Document Created: 2016-03-03 03:51:13
Document Modified: 2016-03-03 03:51:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of proposed revisions to circular and request for comment. | |
| Dates | Comments must be submitted by May 2, 2016. Late-filed comments will be considered to the extent practicable. | |
| Contact | Anita Heard, Office of Civil Rights, Federal Transit Administration, 1200 New Jersey Avenue SE., Room E54- 420, Washington, DC 20590, phone: (202) 493-0318, or email, [email protected] For legal questions, Gwendolyn Franks, Office of Chief Counsel, 915 2nd Avenue, Suite 3142, Seattle, WA 98174, phone: 206-220-7954, or email: [email protected] | |
| FR Citation | 81 FR 11348 |
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