30-Day FRN

30-Day FRN Nondiscrimination as it Applies to FTA Grant Programs.pdf

Nondiscrimination as it Applies to FTA Grant Programs

30-Day FRN

OMB: 2132-0542

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Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Notices

construction projects. (86 FR 27672).
The initiative was carried out as a pilot
program for a period of four years and
the purpose of the program was to
provide flexibility to utilize hiring
preferences to promote equitable
creation of employment opportunities
and workforce development activities,
particularly for economically or socially
disadvantaged workers, while
evaluating the impact of such
preferences on full and open
competition and project delivery. This
initiative implemented Section 199B of
the Consolidated Appropriations Act,
2021 (Pub. L. 116–260), a provision that
has been included in prior
Appropriations Acts since Fiscal Year
(FY) 2016 that authorizes the Secretary
to permit States and local governments
to implement geographic, economic, or
other hiring preferences not otherwise
authorized by law, subject to certain
mandatory certifications that the
recipient must make. Through this Pilot
Program, FTA also intended to exercise
flexibility recently granted to Federal
agencies by the Office of Management
and Budget (OMB) to support recipients
and subrecipients in achieving equitable
economic recovery from the COVID–19
pandemic. Additionally, the pilot
program advanced Executive Order
13985, ‘‘Executive Order on Advancing
Racial Equity and Support for
Underserved Communities Through the
Federal Government,’’ issued on January
20, 2021, by supporting workers in
overcoming barriers to obtaining
successful, long-term careers in the
transit construction industry.
Reason for Recission: Section 25019
of the Bipartisan Infrastructure Law
(Section 25019), enacted as the
Infrastructure Investment and Jobs Act
(Pub. L. 117–58), authorizes recipients
or subrecipients of Federal funds under
title 23 or 49, United States Code, to
implement certain hiring preferences
related to the use of labor for
construction projects. Specifically,
Section 25019 provides that a ‘‘recipient
or subrecipient of a grant provided by
the Secretary under title 23 or 49,
United States Code, may implement a
local or other geographical or economic
hiring preference relating to the use of
labor for construction of a project
funded by the grant, including prehire
agreements, subject to any applicable
State and local laws, policies, and
procedures.’’ In addition, this provision
specifically states that the use of such
preferences ‘‘shall not be considered to
unduly limit competition.’’ Therefore,
FTA will not engage in or have a role
in evaluating the effects on competition,

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if any, of labor or hiring preferences
expressly authorized by Section 25019.
FTA has determined that because
Section 25019 provides an express
authorization for FTA recipients and
subrecipients to utilize a local or other
geographical or economic hiring
preference relating to the use of labor for
the construction of a project funded
under title 49, United States Code, FTA
recipients and subrecipients no longer
must request approval from FTA
through the Pilot Program to utilize
such preferences. Additionally, the
certification requirements of Section
199B of the Consolidated
Appropriations Act, 2021 do not apply
to hiring preferences authorized by
Section 25019 because such
requirements only apply to hiring
preferences ‘‘not otherwise authorized
by law.’’
FTA has determined there are no
hiring preferences eligible for FTA
approval under the Pilot Program that
are not authorized by Section 25019,
and so such preferences going forward
are subject to Section 25019, not Section
199B of the Consolidated
Appropriations Act, 2021. Accordingly,
FTA has concluded that the Pilot
Program no longer is necessary, and
hereby rescinds it.
Nuria I. Fernandez,
Administrator.
[FR Doc. 2022–02874 Filed 2–9–22; 8:45 am]
BILLING CODE 4910–57–P

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA 2022–0004]

Agency Information Collection Activity
Under OMB Review
AGENCY:

Federal Transit Administration,

DOT.
ACTION:

Notice of request for comments.

In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that the Information
Collection Requirements (ICRs)
abstracted below have been forwarded
to the Office of Management and Budget
(OMB) for review and comment. The
ICR describe the nature of the
information collection and their
expected burdens.
DATES: Comments must be submitted on
or before March 14, 2022.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
SUMMARY:

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PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
Comments are Invited On: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Department,
including whether the information will
have practical utility; the accuracy of
the Department’s estimate of the burden
of the proposed information collection;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
A comment to OMB is best assured of
having its full effect if OMB receives it
within 30 days of publication of this
notice in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Tia
Swain, Office of Administration,
Management Planning Division, 1200
New Jersey Avenue SE, Mail Stop TAD–
10, Washington, DC 20590, (202) 366–
0354 or tia.swain@dot.gov.
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
(PRA), Public Law 104–13, Section 2,
109 Stat. 163 (1995) (codified as revised
at 44 U.S.C. 3501–3520), and its
implementing regulations, 5 CFR part
1320, require Federal agencies to issue
two notices seeking public comment on
information collection activities before
OMB may approve paperwork packages.
44 U.S.C. 3506, 3507; 5 CFR 1320.5,
1320.8(d)(1), 1320.12. On November 1,
2021 FTA published a 60-day notice (86
FR 60332) in the Federal Register
soliciting comments on the ICR that the
agency was seeking OMB approval. FTA
received one comment on January 1,
2022 after issuing this 60-day notice.
The commentor suggested that although
implied, FTA specifically include a
reference to the American with
Disabilities Act (ADA) of 1990 in the
wording of future Federal Register
Notices. FTA has a robust ADA program
that is separate from this information
collection, however we have added the
reference to this Federal Register Notice
and all future notices so it is explicitly
clear FTA supports and enforces the
ADA. Accordingly, DOT announces that
these information collection activities
have been re-evaluated and certified
under 5 CFR 1320.5(a) and forwarded to
OMB for review and approval pursuant
to 5 CFR 1320.12(c).
Before OMB decides whether to
approve these proposed collections of
information, it must provide 30 days for

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jspears on DSK121TN23PROD with NOTICES1

Federal Register / Vol. 87, No. 28 / Thursday, February 10, 2022 / Notices
public comment. 44 U.S.C. 3507(b); 5
CFR 1320.12(d). Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30-day notice is
published. 44 U.S.C. 3507 (b)–(c); 5 CFR
1320.12(d); see also 60 FR 44978, 44983,
Aug. 29, 1995. OMB believes that the
30-day notice informs the regulated
community to file relevant comments
and affords the agency adequate time to
digest public comments before it
renders a decision. 60 FR 44983, Aug.
29, 1995. Therefore, respondents should
submit their respective comments to
OMB within 30 days of publication to
best ensure having their full effect. 5
CFR 1320.12(c); see also 60 FR 44983,
Aug. 29, 1995.
The summaries below describe the
nature of the information collection
requirements (ICRs) and the expected
burden. The requirements are being
submitted for clearance by OMB as
required by the PRA.
Title: Nondiscrimination as It Applies
to FTA Grant Programs.
OMB Control Number: 2132–0542.
Type of Request: The Federal Transit
Laws, 49 U.S.C. 5332(b), provide that
‘‘no person in the United States shall on
the grounds of race, color, religion,
national origin, sex, or age be excluded
from the participation in, be denied the
benefits of, or be subjected to
discrimination under any project,
program or activity funded in whole or
in part through financial assistance
under this Act.’’ This applies to
employment and business opportunities
and is considered to be in addition to
the provisions of Title VI of the Civil
Rights Act of 1964, as amended, Section
504 of the Rehabilitation Act of 1973,
and the Americans with Disabilities Act
of 1990. Any FTA applicant, recipient,
sub-recipient, and contractor who
employ 100 or more transit-related
employees and requests or receives
capital or operating assistance in excess
of $1 million in the previous Federal
fiscal year, or requests or receives
planning assistance in excess of
$250,000 in the previous Federal fiscal
year must implement all of the EEO
Program elements. Agencies that have
between 50–99 transit-related
employees are required to prepare and
maintain an EEO Program that includes
the statement of policy, dissemination
plan, designation of personnel,
assessment of employment practices,
and a monitoring and reporting system.
Respondents: Transit agencies, States
and Metropolitan Planning
Organizations.
Estimated Annual Respondents: 53.
Estimated Total Annual Burden
Hours: 1,575.

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Frequency: Annual.
Nadine Pembleton,
Director, Office of Management Planning.
[FR Doc. 2022–02872 Filed 2–9–22; 8:45 am]
BILLING CODE 4910–57–P

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
[FTA Docket No. FTA 2022–0005]

Agency Information Collection Activity
Under OMB Review
AGENCY:

Federal Transit Administration,

DOT.
ACTION:

Notice of request for comments.

In compliance with the
Paperwork Reduction Act of 1995, this
notice announces that the Information
Collection Requirements (ICRs)
abstracted below have been forwarded
to the Office of Management and Budget
(OMB) for review and comment. The
ICR describe the nature of the
information collection and their
expected burdens.
DATES: Comments must be submitted on
or before March 14, 2022.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
Comments are Invited on: Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the Department,
including whether the information will
have practical utility; the accuracy of
the Department’s estimate of the burden
of the proposed information collection;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information
on respondents, including the use of
automated collection techniques or
other forms of information technology.
A comment to OMB is best assured of
having its full effect if OMB receives it
within 30 days of publication of this
notice in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Tia
Swain, Office of Administration,
Management Planning Division, 1200
New Jersey Avenue SE, Mail Stop TAD–
10, Washington, DC 20590, (202) 366–
0354 or tia.swain@dot.gov.
SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act of 1995
SUMMARY:

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7899

(PRA), Public Law 104–13, Section 2,
109 Stat. 163 (1995) (codified as revised
at 44 U.S.C. 3501–3520), and its
implementing regulations, 5 CFR part
1320, require Federal agencies to issue
two notices seeking public comment on
information collection activities before
OMB may approve paperwork packages.
44 U.S.C. 3506, 3507; 5 CFR 1320.5,
1320.8(d)(1), 1320.12. On December 8,
2021 FTA published a 60-day notice (86
FR 69712) in the Federal Register
soliciting comments on the ICR that the
agency was seeking OMB approval. FTA
received no comments after issuing this
60-day notice. Accordingly, DOT
announces that these information
collection activities have been reevaluated and certified under 5 CFR
1320.5(a) and forwarded to OMB for
review and approval pursuant to 5 CFR
1320.12(c).
Before OMB decides whether to
approve these proposed collections of
information, it must provide 30 days for
public comment. 44 U.S.C. 3507(b); 5
CFR 1320.12(d). Federal law requires
OMB to approve or disapprove
paperwork packages between 30 and 60
days after the 30-day notice is
published. 44 U.S.C. 3507 (b)–(c); 5 CFR
1320.12(d); see also 60 FR 44978, 44983,
Aug. 29, 1995. OMB believes that the
30-day notice informs the regulated
community to file relevant comments
and affords the agency adequate time to
digest public comments before it
renders a decision. 60 FR 44983, Aug.
29, 1995. Therefore, respondents should
submit their respective comments to
OMB within 30 days of publication to
best ensure having their full effect. 5
CFR 1320.12(c); see also 60 FR 44983,
Aug. 29, 1995.
The summaries below describe the
nature of the information collection
requirements (ICRs) and the expected
burden. The requirements are being
submitted for clearance by OMB as
required by the PRA.
Title: Job Access and Reverse
Commute Program.
OMB Control Number: 2132–0563.
Type of Request: The Job Access and
Reverse Commute (JARC) program,
provided grants for filling gaps in
employment transportation. The
primary beneficiaries of this program
were low-income families and families
coming off welfare assistance who
otherwise would have a difficult time
getting to jobs and related services, such
as child care and training. The program
was begun in 1999 and was continued
under Section 5316 of the federal
transportation legislation, Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU), passed by

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