Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Notices 78811 

1NHTSA has also incorporated public 

participation and engagement requirements into its 

Uniform Procedures for State Highway Safety Grant 

Programs. 23 CFR part 1300. Pursuant to the 

Infrastructure Investment and Jobs Act, NHTSA 

requires that NHTSA-funded State highway safety 

programs result from meaningful public 

participation and engagement from affected 

communities, particularly those most significantly 

impacted by traffic crashes resulting in injuries and 

fatalities. See 23 U.S.C. 402(b)(1)(B); see also id. 

2 DOT 1000.12C (effective June 11, 2021) also 

provides policy guidance to USDOT Departmental 

Offices and Operating Administrations for 

establishing and maintaining Title VI compliance 

programs. 

3States must also comply with the Americans 

with Disabilities Act of 1990 (ADA) in all services, 

programs, and activities regardless of whether they 

receive Federal funds. 42 U.S.C 12131 et seq. 

MirrorLESS CMS installed as an 

alternative to the two rear-vision mirrors 

required by the FMCSRs. A copy of the 

application is included in the docket 

referenced at the beginning of this 

notice. 

IV. Request for Comments 

In accordance with 49 U.S.C. 

31315(b)(6), FMCSA requests public 

comment from all interested persons on 

Safe Fleet’s application for an 

exemption from the requirement for two 

rear-vision mirrors in § 393.80(a). All 

comments received before the close of 

business on the comment closing date 

indicated at the beginning of this notice 

will be considered and will be available 

for examination in the docket at the 

location listed under the ADDRESSES

section of this notice. Comments 

received after the comment closing date 

will be filed in the public docket and 

will be considered to the extent 

practicable. In addition to late 

comments, FMCSA will also continue to 

file, in the public docket, relevant 

information that becomes available after 

the comment closing date. Interested 

persons should continue to examine the 

public docket for new material. 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2023–25303 Filed 11–15–23; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2023–0061] 

Request for Comment: NHTSA’s 

Nondiscrimination Compliance 

Program 

AGENCY: National Highway Traffic 

Safety Administration, Department of 

Transportation. 

ACTION: Request for comment on 

NHTSA’s Nondiscrimination 

Compliance Program. 

SUMMARY: The National Highway Traffic 

Safety Administration (NHTSA) is 

issuing Nondiscrimination Compliance 

Guidelines for NHTSA Financial 

Assistance Recipients 

(Nondiscrimination Guidelines). Federal 

financial assistance recipients 

(recipients) must comply with 

applicable Federal civil rights statutes 

and regulations, including Title VI of 

the Civil Rights Act of 1964, Section 504 

of the Rehabilitation Act of 1973, the 

Age Discrimination Act of 1975, Title IX 

of the Education Amendments Act of 

1972, and their implementing 

regulations. Collectively, these laws 

prohibit discrimination based on race, 

color, national origin (including limited 

English proficiency), disability, age, and 

sex in federally funded programs or 

activities. NHTSA’s Nondiscrimination 

Guidelines will provide guidance for 

recipients on how to comply with their 

Federal civil rights obligations. NHTSA 

is seeking input and comments from all 

traffic safety stakeholders and the public 

to inform the development of NHTSA’s 

Nondiscrimination Guidelines, 

including methods for collecting civil 

rights data. 

DATES: Comments should be submitted 

no later than January 16, 2024. 

ADDRESSES: You may submit comments 

to the docket number identified in the 

heading of this document by any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• 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. 

• Hand Delivery or Courier: 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: All submissions must 

include the agency name and Docket 

No. NHTSA–2023–0061. All comments 

received will be posted without change, 

including any personal information 

provided. For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov and search for 

Docket No. NHTSA–2023–0061. 

Privacy Act: Anyone is able to search 

the electronic form for all comments 

received into USDOT’s dockets by 

entering the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

organization, association, business, or 

other entity). You may review the U.S. 

Department of Transportation’s 

(USDOT) complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477) or visit https://

www.transportation.gov/privacy. 

Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov or the street 

address listed above. Follow the online 

instructions for accessing the dockets 

via internet. 

FOR FURTHER INFORMATION CONTACT: For 

more information, contact Heather 

Moss, Division Chief, Title VI 

Compliance, Office of Civil Rights, 

National Highway Traffic Safety 

Administration, Telephone number: 

(202) 366–0972. You may also contact 

NHTSA’s Office of Civil Rights at 

NHTSACivilRights@dot.gov. 

SUPPLEMENTARY INFORMATION: We 

continue to face an urgent and 

preventable traffic fatality crisis on our 

Nation’s roadways. The National 

Highway Traffic Safety Administration 

(NHTSA) and our partners are working 

to deliver accountable, efficient, and 

data-driven highway safety programs to 

save lives and reverse this deadly 

national trend. NHTSA’s grants and 

cooperative agreements are key to 

achieving our collective long-term goal 

of zero roadway fatalities nationwide. 

As a condition of receiving Federal 

financial assistance (FFA), recipients 

must comply with applicable provisions 

of laws and policies prohibiting 

discrimination, including: 1

• Title VI of the Civil Rights Act of 

1964 (Title VI), 42 U.S.C. 2000d et seq., 

which prohibits discrimination based 

on race, color, or national origin 

(including limited English 

proficiency); 2

• Section 504 of the Rehabilitation 

Act of 1973 (Section 504), 29 U.S.C. 794 

et seq., which prohibits discrimination 

based on disability; 3

• Age Discrimination Act of 1975 

(Age Discrimination Act), 42 U.S.C. 

6101 et seq., which prohibits 

discrimination based on age; and 

• Title IX of the Education 

Amendments Act of 1972 (Title IX), 20 

U.S.C. 1681 et seq., which prohibits 

discrimination based on sex in 

education programs or activities. 

FFA includes grants and loans of 

Federal funds; the grant or donation of 

Federal property and interests in 

property; the detail of Federal 

personnel; the sale and lease of, and the 


lotter on DSK11XQN23PROD with NOTICES1
78812 Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Notices 

4See id.; see also 49 CFR 25.605; 49 CFR 

27.121(b); 45 CFR 90.42(a). 

permission to use (on other than a 

casual or transient basis), Federal 

property; and any Federal agreement, 

arrangement, or other contract that has 

as one of its purposes the provision of 

assistance. See e.g., 49 CFR 21.3. 

NHTSA’s Office of Civil Rights (NCR) 

ensures that NHTSA and its recipients 

comply with these Federal civil rights 

laws that prohibit discrimination in 

federally funded programs or activities. 

NCR’s administrative enforcement 

authority includes Title VI, Section 504, 

Age Discrimination Act, and Title IX. To 

fulfil its mandate, NCR conducts 

external complaint investigations and 

compliance reviews, provides technical 

assistance to internal and external 

stakeholders, conducts nationwide 

trainings, and represents NHTSA on 

internal and external workgroups and 

initiatives to advance Federal civil 

rights policy priorities. 

Through this request for comment 

(RFC), NHTSA seeks input to inform the 

development of Nondiscrimination 

Compliance Guidelines for NHTSA 

Financial Assistance Recipients 

(Nondiscrimination Guidelines). 

NHTSA’s Nondiscrimination Guidelines 

will provide guidance for recipients on 

how to comply with their Federal civil 

rights obligations. NHTSA is publishing 

this RFC to engage a broad cross-section 

of stakeholders and the public. After 

considering and incorporating 

comments and information received 

from this solicitation, NHTSA intends to 

publish draft Nondiscrimination 

Guidelines for comment before 

publishing final guidance. 

NHTSA requests responsive 

comments and feedback from all 

interested parties. When responding, 

please specify if you are responding on 

behalf of an applicant, recipient, traffic 

safety organization, or other 

stakeholder, and identify the type of 

applicable funding (e.g., highway safety 

program grant, research-based 

cooperative agreement), if known. 

I. Pre-Award Data Collection 

Requirements for Primary and Direct 

Recipients 

The U.S. Department of Justice’s 

(USDOJ) Title VI Coordination 

regulations apply to all FFA-awarding 

agencies. 28 CFR 42. These regulations 

direct Federal agencies to publish 

guidelines describing the nature of Title 

VI coverage, methods of enforcement, 

examples of prohibited practices, and 

requirements for data collection. See 28 

CFR 42.404(a). These regulations also 

require that, ‘‘[p]rior to approval of 

[FFA], the [F]ederal agency shall make 

written determination as to whether the 

applicant is in compliance with [T]itle 

VI . . . . The basis for such a 

determination . . . , shall be 

submission of an assurance of 

compliance and a review of the data 

submitted by the applicant.’’ Id. 

§ 42.407. 

Section 42.406(d) of USDOJ’s Title VI 

Coordination regulations lists the types 

of data that, ‘‘to the extent necessary 

and appropriate for determining 

compliance with [T]itle VI,’’ applicants 

should submit to and be reviewed by 

Federal agencies prior to granting funds. 

In addition to submitting an assurance 

that it will compile and maintain 

records as required, an applicant should 

provide: (1) notice of civil rights 

lawsuits and complaints filed against it; 

(2) a description of FFA applications 

that it has pending in other agencies and 

of other FFA being provided; (3) a 

description of recent civil rights 

compliance reviews; and (4) a statement 

as to whether the applicant has been 

found in noncompliance with any 

relevant civil rights requirements. See 

id. USDOT’s Title VI implementing 

regulations also require recipients to 

‘‘keep such records and submit to the 

Secretary timely, complete, and accurate 

compliance reports at such times, and in 

such form and containing such 

information, as the Secretary may 

determine to be necessary to enable [the 

Secretary] to ascertain whether the 

recipient has complied or is complying 

with this [rule].’’ 49 CFR 21.9(b). 

NHTSA’s Nondiscrimination Guidelines 

will facilitate NHTSA’s pre-award data 

collection in accordance with these 

requirements.4

NHTSA will require recipients to 

provide pre-award Federal civil rights 

compliance data once every three years. 

If a recipient’s FFA term does not run 

a full three years, such a recipient will 

be obligated to provide pre-award 

compliance data again if they receive a 

subsequent award more than three years 

after the prior award. 

NHTSA requests comments and 

responses to the following specific 

categories of information that NHTSA 

will collect prior to awarding FFA. In 

providing comments and responses, 

please address the following for each 

category of information to be collected: 

(i) the processes and procedures 

required of staff who are preparing 

applications to obtain the information; 

(ii) the anticipated staffing, burden 

hours, and timeline required to obtain, 

analyze, and provide the information; 

(iii) best methods for relaying the 

information (e.g., fillable form, report 

template); and (iv) ways for NHTSA to 

enhance the quality, usefulness, and 

clarity of the information collected. 

1. List of all pending civil rights 

lawsuits and administrative complaints 

(including basis and status) filed under 

Federal law against the applicant/ 

recipient that allege discrimination 

based on race, color, national origin 

(including limited English proficiency), 

disability, age, or sex during the last 

three years; 

2. List of all civil rights lawsuits and 

administrative complaint investigations 

decided against the applicant/recipient 

within the last three years that alleged 

discrimination under Federal law based 

on race, color, national origin (including 

limited English proficiency), disability, 

age, or sex and provide a copy or copies 

of applicable decision(s) and describe 

all corrective action(s) taken; 

3. List of all Federal civil rights 

compliance reviews of the applicant/ 

recipient conducted by any Federal 

agency within the last three years, 

enclose copy or copies of the review(s) 

and any decision(s), order(s), or 

agreement(s) based on the review(s), and 

describe any corrective action(s) taken. 

4. Description of FFA applications 

pending in other Federal agencies and 

of other current FFA provided; 

5. Demographic information on the 

population served by the federally 

funded program or activity; 

6. Description of the applicant’s/ 

recipient’s discrimination complaint 

process; 

7. Statement affirming that staff has 

been designated to coordinate and carry 

out the responsibilities for compliance 

with Federal civil rights laws, and the 

name, title (e.g., Title VI Coordinator, 

ADA Coordinator), description of 

responsibilities, and contact information 

for such staff; 

8. Whether the applicant/recipient 

provides initial and continuing public 

notice of its nondiscrimination policy 

statement and, if so, whether (a) the 

methods of notice accommodate 

individuals with visual and/or hearing 

disabilities, (b) the notice is posted in a 

prominent place on the applicant’s/ 

recipient’s website, in the offices or 

facilities or, for educational programs 

and activities, in appropriate periodicals 

and other written communications; and 

(c) the notice identifies a designated 

civil rights coordinator; 

9. Whether the applicant/recipient 

has a written policy/procedure for 

individuals with disabilities to request 

reasonable accommodations to access 

benefits and services; 

10. Whether the applicant/recipient 

has a written policy/procedure for 

providing meaningful access to benefits 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Notices 78813 

and services for persons with limited 

English proficiency; and 

11. Whether applicant/recipient has a 

plan to ensure Federal civil rights 

compliance in subrecipient programs, if 

any, including subrecipient compliance 

reviews. 

II. Compliance Reviews 

NHTSA must also conduct periodic 

compliance reviews of its recipients. 

See 49 CFR 21.11(a); 49 CFR 25.605; 49 

CFR 27.123(a); see also 45 CFR 90.42(a). 

Post-award reviews are conducted as 

desk audits and/or on-site visits. 

Because the review may cover all or a 

portion of the recipient’s compliance 

with specific Federal civil rights laws, 

the scope of a review is defined on a 

case-by-case basis. NHTSA may 

summarize the results of the review in 

a draft compliance report, which will 

include findings of no deficiency (no 

corrective action necessary), findings of 

deficiency (corrective action required), 

and advisory comments, as appropriate. 

If findings of deficiency remain in the 

final compliance report, the recipient 

will be required to take corrective 

action, develop a timeline for 

compliance, and report its progress. 

NHTSA requests comments and 

responses to the following questions: 

1. What factors should NHTSA 

consider in developing a compliance 

timeline for a finding of deficiency? 

2. Is there a minimum time period for 

which NHTSA should monitor a 

recipient after a finding of deficiency? 

3. How frequently should NHTSA 

require progress reports from a recipient 

who is undertaking corrective action 

following a finding of deficiency. 

III. Implementation and Additional 

Considerations 

1. What promising practices are 

NHTSA recipients—larger and smaller 

recipients, and national organizations— 

using to: 

a. Engage traditionally underserved 

communities, and how is the 

effectiveness assessed? 

b. Review policies and practices to 

ensure that programs and activities do 

not result in disparate impacts based on 

race, color, national origin (including 

limited English proficiency), disability, 

age, or sex? 

c. Ensure that individuals and 

communities with limited English 

proficiency have meaningful access to 

the recipient’s programs and activities? 

d. Ensure effective communication 

with individuals with communicationrelated disabilities (e.g., visual, 

auditory)? 

e. Ensure that facilities are free from 

physical barriers to access for 

individuals with disabilities? 

f. Ensure that subrecipients comply 

with Federal civil rights laws? 

2. What factors should NHTSA 

consider when tailoring compliance 

information, requirements, and 

guidelines to each recipient type (e.g., 

type of funding, award size)? 

3. Should NHTSA require and collect 

any additional pre-award Federal civil 

rights compliance information not 

discussed above or included in 

applicable funding notices prior to 

awarding FFA? If so, what is that 

information and how should NHTSA 

collect it? 

4. What considerations and 

benchmarks (e.g., formula grant 

application deadlines, budgetary 

phases) should NHTSA incorporate into 

the implementation timeline for its 

Nondiscrimination Guidelines? 

5. What specific subject matter 

technical assistance and trainings would 

help to ensure that recipients fulfill 

their Federal civil rights obligations? 

6. What additional supports (e.g., 

webinars, internet-accessible 

information on NHTSA’s web page, 

subject-specific resource lists, 

factsheets, checklists, templates, sample 

notices and forms, illustrative analysis) 

will assist applicants and recipients in 

fulfilling the requirements of NHTSA’s 

proposed Nondiscrimination 

Guidelines? 

The information collection described 

in this RFC is necessary to successfully 

maintain a robust and meaningful civil 

rights compliance program. NHTSA 

welcomes any additional feedback 

related to Federal civil rights 

compliance and NHTSA’s forthcoming 

Nondiscrimination Guidelines, 

including topics not specifically 

referenced above. NHTSA invites 

comments regarding the time burden 

and costs of proposed data collections. 

All interested parties are encouraged 

to respond to this RFC. Submissions are 

strictly voluntary. Individuals or entities 

responding to this RFC should state 

their role as well as knowledge of and 

experience with Federal civil rights 

compliance and community 

engagement. NHTSA may request 

additional clarifying information from 

any or all respondents. If a respondent 

does not wish to be contacted by 

NHTSA for additional information, it 

should include a corresponding 

statement to that effect in the response. 

All information submitted should be 

unclassified and should not contain 

proprietary information. Although 

NHTSA will review and consider all 

responses to this RFC, NHTSA will not 

officially respond to the information 

received. 

Comments may be submitted and 

viewed at Docket No. NHTSA–2023– 

0061 at https://www.regulations.gov. 

Issued in Washington, DC. 

Regina Morgan, 

Director, NHTSA Office of Civil Rights. 

[FR Doc. 2023–25266 Filed 11–15–23; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

[Docket No. DOT–OST–2015–0271] 

Agency Request for Renewal of a 

Previously Approved Information 

Collection: Prioritization and 

Allocation Authority Exercised by the 

Secretary of Transportation Under the 

Defense Production Act 

AGENCY: Office of the Secretary of 

Transportation, DOT. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of 

Transportation (DOT) invites public 

comments about our intention to request 

the Office of Management and Budget 

(OMB) approval to renew an 

information collection. The collection 

involves information required in an 

application to request Special Priorities 

Assistance. The information to be 

collected is necessary to facilitate the 

supply of civil transportation resources 

to promote the national defense. We are 

required to publish this notice in the 

Federal Register by the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. 

DATES: Written comments should be 

submitted by December 18, 2023. 

ADDRESSES: Your comments should be 

identified by Docket No. DOT–OST– 

2015–0271 and may be submitted 

through one of the following methods: 

• Office of Management and Budget, 

Attention: Desk Officer for U.S. 

Department of Transportation, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

Docket Library, Room 10102, 725 17th 

Street NW, Washington, DC 20503. 

• Email: oira_submission@

omb.eop.gov. 

• Fax: (202) 395–5806. Attention: 

DOT/OST Desk Officer. 

FOR FURTHER INFORMATION CONTACT: 

Anita Womack, 202–366–2250, Office of 

Intelligence, Security and Emergency 

Response, Office of the Secretary of 

Transportation, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 


lotter on DSK11XQN23PROD with NOTICES1