Federal Register - Final EEO Program Circular

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Federal Register / Vol. 81, No. 189 / Thursday, September 29, 2016 / Notices
systems replacement. The Port
Authority of New York and New Jersey
(PANYNJ), the airport operator, plans to
conduct the construction in three
phases in order to minimize operational
impacts during the busiest summer
months of June through August. Phase
I anticipates a full closure of Runway
4R/22L, currently scheduled from
February 27 to June 1, 2017. Phase II
anticipates closures nightly from 0400
to 1100 UTC from June 1 to September
4, 2017, followed by Phase III with a full
Runway 4R/22L closure planned from
September 5 to November 17, 2017. The
FAA and the PANYNJ are working
together to minimize operational
disruptions to the extent possible. The
FAA is also continuing to review
alternative runway configurations and
procedures and modeling potential
capacity and delay impacts. Regular
meetings are conducted with the FAA,
PANYNJ, and airline station and other
staff, and may be the best source of
project updates and impacts.
LAX will undergo construction on
Runway 7L/25R for runway safety areas
and rehabilitation in 2017. Los Angeles
World Airports (LAWA), the airport
operator, will close the runway for
approximately four months from
January to May 2017. The final dates
have not been determined at this time.
LAWA conducts monthly meetings on
construction updates with FAA local air
traffic control and airline
representatives. Such meetings may be
the best source of project updates and
impacts.
The FAA will use hourly runway
capacity throughput for the Level 2
airports in its schedule reviews,
considering any differences associated
with runway construction or other
operational factors. The FAA will also
review the operational performance
metrics at the airports for the summer
2016 scheduling season as additional
data become available.
EWR is transitioning from Level 3
limitations under the FAA Order to a
Level 2 designation effective with the
winter 2016 scheduling season.2 In
reviewing schedules, the FAA will
consider the recent operational
performance metrics, delay projections
when the Level 3 scheduling limits were
adopted in 2008, and the scheduled
flight levels the FAA accepted under the
2008 Order. Based on current and
projected demand for the summer 2017
scheduling season, the FAA anticipates
the 0700 to 0859 and 1400–2059 Eastern
2 Operating

Limitations at Newark Liberty
International Airport, 73 FR 29550 (May 21, 2008)
as amended 79 FR 16857 (Mar. 26, 2014). Change
in Newark Liberty International Airport
Designation, 81 FR 19861 (April 6, 2016).

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Time (1100 to 1259 and 1800 to 0059
UTC) hours will be the highest demand
periods and not all requests are likely to
be accommodated during these times.
Carriers should be prepared to adjust
schedules to meet available capacity in
order to minimize potential congestion
and delay.
Each Level 2 airport also has a
separate process adopted by the airport
operator for certain types of flights, such
as international passenger flights, or at
particular terminals or gates. Those
processes with the individual airports or
terminals will continue separately from
and in addition to the FAA review of
schedules based on runway capacity.
However, in conjunction with the
schedule facilitators for terminal
operations at those airports, the FAA
may consider the need to harmonize
terminal and runway availability in the
schedule review process.
Issued in Washington, DC, on September
23, 2016.
Daniel E. Smiley,
Vice President, System Operations Services.
[FR Doc. 2016–23563 Filed 9–28–16; 8:45 am]
BILLING CODE 4910–13–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Sunshine Act Meetings; Unified Carrier
Registration Plan Board of Directors
Federal Motor Carrier Safety
Administration (FMCSA), DOT.

AGENCY:

Notice of Unified Carrier
Registration Plan Board of Directors
meeting

ACTION:

The meeting will be held
on October 13, 2016, from 12:00 Noon
to 3:00 p.m., Eastern Daylight Time.

TIME AND DATE:

This meeting will be open to the
public via conference call. Any
interested person may call 1–877–422–
1931, passcode 2855443940, to listen
and participate in this meeting.

PLACE:

STATUS:

Open to the public.

The Unified
Carrier Registration Plan Board of
Directors (the Board) will continue its
work in developing and implementing
the Unified Carrier Registration Plan
and Agreement and to that end, may
consider matters properly before the
Board.

MATTERS TO BE CONSIDERED:

FOR FURTHER INFORMATION CONTACT:

Mr.

Avelino Gutierrez, Chair, Unified
Carrier Registration Board of Directors at
(505) 827–4565.

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Issued on: September 23, 2016.
Larry W. Minor,
Associate Administrator, Office of Policy,
Federal Motor Carrier Safety Administration.
[FR Doc. 2016–23654 Filed 9–27–16; 11:15 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[Docket Number: FTA–2016–0013]

Notice of Final Equal Employment
Opportunity Program Circular
AGENCY:

Federal Transit Administration,

DOT.
Notice of availability of final
Circular.

ACTION:

The Federal Transit
Administration (FTA) has placed in the
docket and on its Web site guidance in
the form of a Circular to assist recipients
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 Circular to
clarify the requirements for compliance.
DATES: Effective Date: The final Circular
becomes effective October 31, 2016.
FOR FURTHER INFORMATION CONTACT: For
program questions, Anita Heard, Office
of Civil Rights, Federal Transit
Administration, 1200 New Jersey
Avenue SE., Room E54–306,
Washington, DC 20590, phone: (202)
493–0318, or email,
anita.heard@dot.gov. For legal
questions, Bonnie Graves, Office of
Chief Counsel, 90 Seventh Street, Suite
15–300, San Francisco, CA 94103,
phone: (202) 366–4011, fax: (415) 734–
9489, or email, bonnie.graves@dot.gov.
SUPPLEMENTARY INFORMATION: This
notice provides a summary of the final
changes to the EEO Circular and
responses to comments. The final
Circular itself is not included in this
notice; instead, an electronic version
may be found on FTA’s Web site, at
www.transit.dot.gov, and in the docket,
at www.regulations.gov. Paper copies of
the final Circular may be obtained by
contacting FTA’s Administrative
Services Help Desk, at (202) 366–4865.
SUMMARY:

Table of Contents
I. Overview
II. Chapter-by-Chapter Analysis
A. Chapter 1—Introduction and
Applicability

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B. Chapter 2—EEO Program Requirements
C. Chapter 3—EEO Compliance Oversight,
Complaints, and Enforcement
D. Attachments

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 (Federal Transit law), other Federal
civil rights statutes, and the U.S.
Department of Transportation (DOT)
regulations in 49 CFR part 21.
FTA issued a notice of availability of
the proposed Circular and a request for
comments in the Federal Register (81
FR 11348) on March 3, 2016. The
comment period closed May 2, 2016.
We received comments from 19 entities,
including transit agencies, State DOTs,
individuals, and the American Public
Transportation Association. In addition,
in accordance with Executive Order
12067, FTA coordinated development of
this final Circular with the Equal
Employment Opportunity Commission
(EEOC). We have made clarifying edits
in response to EEOC comments on the
Circular. This notice addresses
comments received and explains
changes we made to the Circular in
response to comments.
II. Chapter-by-Chapter Analysis

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General Comments
The Circular is organized topically.
Each chapter begins with an
introduction and is divided into
sections and subsections. The
organizational structure includes the
text of the guidance, followed by a
clearly delineated discussion section (as
needed), which provides the means of
complying with the law, as well as
relevant good practices.
One commenter requested a
clarification of items presented as ‘‘good
practices.’’ The commenter expressed
concern that the good practices might
form the basis for a deficiency finding
in a future FTA oversight review. To
address this concern we added a
statement at the beginning of chapter 1:
‘‘Good practices, while encouraged, are
not requirements. Agencies that do not
utilize these practices are not subjecting
themselves to findings in oversight
reviews.’’
One commenter objected to the
statement on the cover page of the
Circular that states, ‘‘FTA reserves the
right to update this Circular to reflect
changes in other revised or new
guidance and regulations that undergo
notice and comment, without further

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notice and comment on this Circular.’’
This language appears on the cover page
of all FTA circulars. In the event a
regulatory or other cross-cutting
requirement has changed, it has
changed with a notice and comment
process, so there is no need for a second
notice and comment process in order to
update the Circular to reflect the
change. FTA encourages stakeholders to
sign up for email updates on FTA’s Web
site, www.transit.dot.gov.
One commenter suggested that FTA
should monitor recipients more closely
instead of relying on recipients’
certification of compliance. FTA
conducts reviews of all recipients on a
triennial basis, conducts specialized
EEO reviews, and investigates
complaints. In addition, recipients’
employees have the right to file
complaints with the Equal Employment
Opportunity Commission. Given the
remedies available to employees, the
large number of FTA recipients, and
limited FTA resources, we believe our
level of monitoring recipients for
compliance is appropriate.
A. Chapter 1—Introduction and
Applicability
Chapter 1 of the Circular is an
introductory chapter that reviews the
organization of the Circular, the
authority for establishing the Circular,
and applicability to recipients.
One commenter suggested we add
‘‘disability,’’ ‘‘veteran status,’’ and
‘‘genetic information’’ to the list of bases
on which discrimination is prohibited,
and we have added those terms in
section 1.2, Organization of this
Circular. In section 1.3, Authorities, we
have added the Equal Pay Act, the Age
Discrimination in Employment Act,
Title I of the Americans with
Disabilities Act, Sections 501 and 505 of
the Rehabilitation Act of 1973, and Title
II of the Genetic Information
Nondiscrimination Act of 2008. In the
Definitions section we have made
clarifying edits to the terms
Complainant, Concentration, Disability,
Discrimination, Disparate Impact,
Disparate Treatment, Protected Class,
and Underutilization. We have added
definitions for the terms Four-fifths
Rule, Reasonable Accommodation,
Retaliation, and Sex-based
Discrimination. Finally, we replaced the
term Primary Recipient with the term
Direct Recipient, and replaced the term
One-person Rule with the term Wholeperson Rule.
FTA requested comments regarding a
potential change to the threshold for
Equal Employment Opportunity
Program submission from the current
standard of recipients with 50 transit-

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related employees, to recipients with
100 transit-related employees.
Commenters supported this threshold
increase, and we have adopted the
increased threshold in the final Circular.
Further, agencies with 50–99 employees
will not be required to conduct a
utilization analysis with goals and
timetables or to submit an EEO Program
to FTA. They will instead prepare and
maintain an abbreviated EEO Program
and provide it to FTA upon request or
for any State Management Review or
Triennial Review. The Circular does not
apply to transit employers with fewer
than 50 employees.
One commenter asked FTA to clarify
the 100 transit-related employees
threshold and to more clearly define
what collateral duties include for parttime employees. This information is in
section 1.4 of the Circular and in a
footnote in that section. When
calculating the total number of transitrelated employees, agencies are required
to include all part-time employees and
employees with collateral duties that
support the transit program. For
example, a budget analyst who
processes payments for the transit
program would be considered a transitrelated employee.
FTA requested comments on potential
changes to the Memorandum of
Understanding (MOU) between FTA
and the Federal Highway
Administration (FHWA). We received
no comments. The Circular has been
revised to reflect that pursuant to an
MOU with FHWA, FHWA and FTA will
jointly review, monitor, and approve
State DOT EEO Programs.
B. Chapter 2—EEO Program
Requirements
Chapter 2 explains the seven required
elements of an EEO Program for FTA
review. The chapter details required
language, required supporting
documentation, the type of analysis that
must be conducted, and the acceptable
methods to report the results of that
analysis.
2.1 Frequency of Update
FTA proposed that EEO Programs be
updated and submitted to FTA on a
triennial basis or as major changes occur
in the workforce or employment
conditions. One commenter suggested
FTA add the language, ‘‘whichever
comes first’’ at the end of the sentence
to clarify that FTA requires the EEO
Program to be updated at a minimum
every three years, or sooner if
conditions warrant. We have made that
change.
In addition, given that transit agencies
must submit data to the EEOC every

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other year, we have changed the
reporting requirement to FTA to every
four years. This should lessen the
burden on transit agencies and allow
them to report to EEOC and to FTA in
the same year using the same data. FTA
plans to publish a submission schedule
for all agencies with 100 or more transitrelated employees. In order to get all
agencies on a four-year schedule, some
agencies may be required to submit an
updated EEO Program sooner than they
would otherwise have to. FTA will work
to minimize impacts on agencies as we
get all agencies on a new four-year
schedule.
FTA proposed removing the following
sentence, which appears in the 1988
Circular: ‘‘At the discretion of FTA
Office of Civil Rights, less information
may be requested where the recipient’s
previously submitted EEO Program has
not changed significantly.’’ Several
commenters disagreed with this
proposal, asserting a requirement for a
full update of an EEO Program when
there are no significant changes places
an unnecessary burden on small
agencies that are in compliance and
have limited staff, and is not necessary
for agencies with strong EEO Programs
or EEO Programs that have not changed
significantly. In response to
commenters, we have restored that
language.

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2.2.1 Statement of Policy
FTA proposed that agencies would be
required to update their EEO policy
annually or after the naming of a new
CEO/GM or EEO Officer. One
commenter suggested that if there are no
changes to the EEO policy, there would
be no need to update it. We revised the
language to require a review and update
at least every four years, when the EEO
Program is submitted to FTA, or after
the naming of a new CEO/GM or EEO
Officer.
2.2.2 Dissemination
FTA proposed that top management
officials would need to meet quarterly to
discuss the EEO Program and its
implementation. Several commenters
objected to this frequency, asserting it
would be overly burdensome for the
agency, and recommending semiannual
or annual meetings would be sufficient.
We agreed with those comments and
revised the Circular to reflect that the
meetings take place at least
semiannually.
In this section, FTA proposed that
agencies be required to conduct EEO
training for all new supervisors or
managers within 30 days of their
appointment. Two commenters
suggested this timeframe should be

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extended; one suggested the training
take place within six months, and one
recommended it take place within 90
days. We have revised the Circular to
require that training for supervisors and
managers be conducted within 90 days
of their appointment.
FTA proposed that agencies be
required to meet with employees of
protected classes and affinity groups to
seek input on EEO Program
implementation. Two commenters
suggested that all employees should be
invited to provide input on the program
implementation, not just members of
protected classes or affinity groups. We
have revised the Circular to require
meetings with all employees and
affinity groups to seek input on EEO
Program implementation.
2.2.3

Designation of Personnel

In order to ensure impartiality and
independence of the EEO Officer, FTA
proposed that the EEO Officer would
need to be separated from human
resources officials. Several commenters
objected to this proposal. The general
consensus was that in agencies where
the administrative staffs are small,
separation of duties is impossible. One
agency asserted that to create an EEO
position separate from human resources
would dilute the department’s
effectiveness to ensure EEO and legal
compliance. Others suggested such a
separation would cast concerns on the
ability of the human resources
department to protect equal
employment opportunity. One
commenter suggested FTA should not
attempt to dictate how individual
agencies avoid such conflicts of interest
and that there would be substantial
costs involved. Another commenter
asserted the proposed separation
ignored the normal function and role of
a human resources department—to be
knowledgeable about and enforce labor
and employment laws, regulations and
workplace rules—and that attempting to
carve out functions in a way that is
illogical would only serve to confuse all
employees in the organization. In
response, we have revised this section
to state that in order to maintain the
independence and integrity of the EEO
Officer, it may be necessary to separate
the function from human resources.
Agencies are not required to separate
EEO and HR. However, in the event the
EEO Officer is part of HR, we have
added language that requires the agency
to include in its EEO Program a detailed
method for eliminating conflicts of
interest in complaint investigations,
including a narrative describing how
independence and integrity of the EEO

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process will be achieved and
maintained.
Similar to the separation of function
between EEO and HR, FTA proposed
that in order to maintain distance
between the investigation of EEO
complaints and defense of the agency,
that the functional unit that reviews
EEO matters be separate and apart from
the functional unit that represents the
agency in EEO complaints. Several
commenters objected to this proposal.
One commenter expressed concern
about the phrasing of the language,
specifically that attorneys rather than
EEO Officers would represent an agency
at administrative hearings. Another
commenter expressed concern that the
separation could inhibit a lawyer’s
ability to provide legal guidance on EEO
requirements or could require the
creation of two EEO offices, for internal
and external complaints. Another
commenter stated that the EEO Officer
is better suited to report to a legal office
because of the need for advice regarding
perplexing or difficult EEO matters and
the level of expertise needed to navigate
the numerous EEO laws, regulations,
and court rulings. In response, we
clarified that the attorney who provides
legal expertise to the EEO Officer in the
investigation of a case cannot represent
the agency in the same EEO case.
FTA proposed that in order to ensure
complaints are investigated effectively,
those individuals charged with
investigating complaints must have EEO
investigative training. Two commenters
requested clarification on what would
constitute sufficient EEO investigative
training for EEO Officers. We have
revised the Circular to include the
specific information that should be
covered in this training.
FTA proposed removing the
requirement that EEO Officers concur
on hires and promotions. Several
commenters objected to this change.
They asserted this requirement ensured
the EEO Officer was involved in the
process. They also suggested the
removal of this function would
undermine their ability to be part of the
process. Two commenters supported the
removal of the statement, stating the
requirement was overly burdensome.
We reinstated the statement and
provided a sample concurrence
checklist in an Attachment that clarifies
what ‘‘concurrence’’ entails.
2.2.4 Utilization Analysis
The utilization analysis is a
comparative analysis in which the
female and minority availability for
each EEO subgroup is compared with
the current workforce representation of
females and minorities.

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There was a concern that ‘‘two or
more races (not Hispanic or Latino)’’ is
a subcategory that is currently not
collected on the EEO–4 forms. OMB
approved the change of the EEO–4
categories to be consistent with the
EEO–1, including two or more races.
One commenter was concerned that
extending to agencies with fewer than
100 transit employees the requirement
to complete the FTA’s electronic
database for analysis and utilization of
hires, promotions, and personnel’s
applications, without additional
financial resources, would be extremely
burdensome for smaller agencies to
complete and track. The commenter
urged FTA to consider limiting the FTA
analysis and utilization database
submittal only to agencies that meet the
threshold for the submittal of an EEO
Program. In response, we revised the
Circular to provide that agencies with
50–99 employees will not be required to
submit a full plan to FTA every four
years, and will not be required to
conduct a utilization analysis.
Two commenters sought clarification
on how to track individuals with
disabilities and veteran status with no
baseline for availability. We have
included language in section 2.2.6 that
states we are not asking agencies to set
a goal for veterans or persons with
disabilities based on availability
numbers. There is no whole person rule
or four-fifths analysis. The agency can
set its own specific aspirational goals,
but the Circular asks agencies to track
raw numbers; for example, the number
applied, number hired, number applied
for promotion, and number promoted.
One commenter requested
clarification on setting department/unit/
functional area goals. The Circular
states, ‘‘Although FTA requires
utilization data summarized for each job
category, agencies are encouraged to
compile workforce statistics for each
department, job category, grade/rank of
employee (e.g., Road Supervisor I or II,
Mechanic A or B, etc.), and job title to
include salary ranges and principal
duties for the jobs in each subcategory.’’
We did not revise the Circular based on
this comment, as the Circular states
setting goals based on workforce
statistics for each department, job
category, grade/rank of employee is an
encouraged good practice. It is not a
requirement.
2.2.5 Goals and Timetables
One commenter asserted that setting
long-term and short-term goals and
timetables for each individual minority
group, broken down by specific racial/
ethnic subcategories for men and
women, could only be achieved by

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conducting targeted recruitments, which
could be perceived as discriminatory in
California under the Fair Employment
and Housing Act (FEHA). FTA did not
revise the proposal, as the short-term
and long-term goals are aspirational
goals based on identified
underutilization and the results of the
employment practices analysis.

agency employees (including layoffs).
We have not revised the Circular in
response to this comment, as the
Circular provides for placing employees
in similarly situated groupings (e.g.,
subject to the same schedule of
disciplinary charges) and requires
separate analyses for employees subject
to different disciplinary processes.

2.2.6 Assessment of Employment
Practices
FTA proposed that agencies be
required to describe their efforts to
locate, qualify, and train employees in
protected classes. One commenter
asserted all employees, not just
employees of a protected class, should
be able to receive training and that any
action to locate, qualify, and train
employees in protected classes could be
perceived as discriminatory under
FEHA. Certainly all employees should
be able to avail themselves of training;
the only documentation FTA requires in
the EEO Program is those efforts to
locate, qualify, and train employees in
protected classes.
Another commenter asked for
clarification on whether or not test
validation documentation is required for
all candidate selections. As clarification,
test validation is completed per test, not
per candidate. The commenter also
asked FTA to clarify or remove the
requirement that agencies provide a
narrative of current seniority policies
and procedures for union and nonunion workers. We have revised the
Circular to provide that agencies must
provide a narrative for union and nonunion workers if the seniority policies
are different. In order to conduct a
qualitative assessment of seniority
practices to determine any potential
disparate impact, a narrative must be
provided.
One commenter noted that revising
union agreements is a complex process
that cannot be done unilaterally by an
agency. In response, we revised the
Circular to state, ‘‘When agencies are
negotiating or amending union
agreements, FTA requires agencies to
review and revise the agreements
wherever current provisions are
identified as barriers to equal
employment.’’ The commenter further
asserted, with regard to disciplinary
procedures and termination practices,
that it would be unreasonable to require
agencies to use the ‘‘same’’ standard for
determining when a person will be
demoted, disciplined, or laid off in light
of collectively bargained-for procedures
and practices, and in light of state civil
service law provisions governing the
appointment, promotion and
continuance of employment of certain

2.2.7 Monitoring and Reporting
FTA proposed that agencies would be
required to evaluate their EEO Programs
at least quarterly. Several commenters
objected to meeting with management
quarterly to discuss the EEO Program
and its implementation. They asserted it
would be overly burdensome for the
agency. We revised the Circular to
reflect the evaluation should take place,
at a minimum, semiannually.
Some commenters suggested that unit
managers should not have access to EEO
information and that tracking this
information is entirely a human
resources function. There was also
concern that reviewing this information
with all levels of management could
breach confidentiality for smaller
agencies. The Circular has been revised
to say all ‘‘program’’ EEO-related
meetings should be discussed. The
meetings that are conducted with
managers are to discuss the agency’s
progress in terms of meeting their EEO
Program goals and requirements, not to
discuss individual EEO complaints.
One commenter questioned whether
FTA is requiring the agency to track the
agenda and outcome of every single
meeting that the EEO Officer has with
the CEO/GM, with any management
official, and with human resources, with
a concern on resource management. We
are revising the Circular to provide
documentation of meetings where EEO
is officially discussed; for example,
official EEO training and official
meetings with management to report on
EEO Program progress and plans of
actions. There is no need to document
every conversation.
FTA proposed that one element of a
successful EEO Program is to, ‘‘Produce
documentation that supports actions to
implement the plan for minority and
female job applicants or employees and
informs management of the program’s
effectiveness.’’ One commenter
suggested replacing ‘‘for minority and
female’’ with ‘‘to improve diversity of.’’
FTA did not adopt this suggestion. We
believe it is important to specifically
state ‘‘minority and female’’ as opposed
to the more general ‘‘improve diversity,’’
in order to ensure agencies are
documenting their efforts appropriately.
FTA proposed that one of the EEO
Program attachments would be an

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organization chart showing the
reporting relationships of all positions.
One commenter suggested the
organizational chart section should be
revised so that it did not include the
names of all employees. We have
revised the Circular to clarify that only
directors, department heads, and
executive leadership are to be named on
the organization chart.
FTA sought comment on how long it
would take to develop an EEO Program
with the requirements set out in chapter
2 of the Circular. FTA also sought
suggestions from recipients regarding
how to use information technology to
decrease the amount of time it takes to
develop an EEO Program. One
commenter suggested that the Circular
has new data collection requirements
that will require coordination with
departmental units such as human
resources and information technology.
The commenter sought a 12-month
grace period before new statistical data
is required. As stated above, FTA will
be drafting a new schedule for
quadrennial submission of EEO
Programs to FTA. FTA will work with
agencies that find themselves on the
‘‘earlier’’ side of the schedule and that
may need to update their internal
practices in order to develop an
effective EEO Program.
C. Chapter 3—EEO Compliance
Oversight, Complaints, and
Enforcement
One commenter requested additional
clarity and definition of factors and
concerns that may trigger a
discretionary review. We revised the
Circular to clarify the six factors that
contribute to the selection for a civil
rights specialized review.

mstockstill on DSK3G9T082PROD with NOTICES

D. Attachments
In the proposed Circular, FTA
included several Attachments:
Attachment 1, References; Attachment
2, Sample EEO Policy Statement; and
Attachment 3, Sample Excel Charts. We
did not receive comments on any of the
Attachments. In response to comments
that the EEO Officer should concur in
the hiring and promotion process, we
have added a new Attachment, Sample
Concurrence Checklist. Additionally,
we added a copy of the EEO–4 form,
Program Submission checklist, EEO
Program checklist. The Circular now
includes: Attachment 1, Sample Policy
Statement; Attachment 2, Sample
Concurrence Checklist; Attachment 3,
EEO–4 Form; Attachment 4, Sample
Employment Practices and Utilization
Analysis Excel Charts; Attachment 5,
EEO Program Submission Checklist;

VerDate Sep<11>2014

18:51 Sep 28, 2016

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Attachment 6, Sample EEO Program
Checklist; Attachment 7, References.
Carolyn Flowers,
Acting Administrator.
[FR Doc. 2016–23505 Filed 9–28–16; 8:45 am]
BILLING CODE 4910–57–P

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY16 Discretionary Funding
Opportunity: Low or No Emission
Component Assessment Program
(LoNo-CAP)
Federal Transit Administration
(FTA), DOT.
ACTION: Notice of Funding Opportunity
(NOFO) and Request for Proposals
(RFP).
AGENCY:

The Federal Transit
Administration (FTA) is requesting
proposals from qualified institutions of
higher education to conduct testing,
evaluation, and analysis of low or no
emission components intended for use
in low or no emission transit buses used
to provide public transportation. FTA is
authorized to pay 50 percent of the
established assessment fees, up to $3.0
million annually. A total of $15.0
million is authorized at $3.0 million per
year starting in FY 2016 through
FY2020 to carry out the Low and No
Emission Component Assessment
Program (LoNo-CAP). Funds awarded
under the LoNo-CAP program will be
used to reimburse the cost of assessing
eligible components.
DATES: Complete proposals must be
submitted electronically through the
GRANTS.GOV ‘‘APPLY’’ function by
11:59 EDT on November 28, 2016.
Prospective applicants should initiate
the process by registering on the
GRANTS.GOV Web site promptly to
ensure completion of the application
process before the submission deadline.
This announcement is also available
at FTA’s Web site at: https://
www.transit.dot.gov/funding/grants/
notices and in the ‘‘FIND’’ module of
GRANTS.GOV. The funding
opportunity ID is FTA–2016–009–TRILoNoCAP and the Catalog of Federal
Domestic Assistance (CFDA) number for
Section 5312 is 20.514. Mail and fax
submissions will not be accepted.
FOR FURTHER INFORMATION CONTACT:
Marcel Belanger, Bus Testing Program
Manager, FTA Office of Research,
Demonstration, and Innovation at: (202)
366–0725 or LoNo-CAP@dot.gov. A TDD
is available for individuals who are deaf
or hard of hearing at 1–800–877–8339.
SUPPLEMENTARY INFORMATION:
SUMMARY:

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Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review
F. Federal Award Administration
G. Federal Awarding Agency Contacts
H. Other Information

A. Program Description
FTA recognizes that a significant
transformation is occurring in the transit
bus industry, with the increasing
availability and deployment of low and
zero emission transit buses for revenue
operations. The adoption of these
technologically advanced transit buses
will allow the country’s transportation
systems to move toward a cleaner and
more energy-efficient future, as
described in the U.S. Department of
Transportation’s recent report, Beyond
Traffic 2045. FTA remains committed to
the deployment of low or no emission
transit buses to support the transition of
the nation’s transit fleet to the lowest
polluting and most energy-efficient
transit bus technologies, thereby
reducing local air pollution and direct
carbon emissions by way of the Moving
Ahead for Progress in the 21st Century
Act (MAP–21), Public Law 112–141,
July 6, 2012, Section 5312 Low or No
Emission Vehicle Deployment Program
(LoNo) and the Fixing America’s
Surface Transportation (FAST) Act,
Public Law 114–94, December 4, 2015,
5339(c) Low or No Emission Grant
Program (Low-No). Since 2014, FTA has
provided over $100 million in
competitive funds to support the
introduction of low and no emission
transit buses into transit system fleets.
LoNo-CAP directly supports the mission
of FTA’s ongoing LoNo programs.
FTA’s goals for LoNo-CAP, in general,
are to:
• Provide unbiased assessments of
low or no emission vehicle components,
documenting (at a minimum) the
maintainability, reliability,
performance, structural integrity,
efficiency, and noise of the tested
components
• Increase the quality and lower the
overall cost of low or no emission
vehicle components
• Expand the supply chain for low or
no emission vehicle components
• Increase the deployment of the
cleanest and most energy-efficient
transit buses into transit agency fleets
• Advance the development of
materials, technologies, and safer
designs
• Support the development of
applicable standards, protocols, and
best practices

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