June 26, 2020 

1200 New Jersey .A.venue, SE. 

\Nashington, DC 20590 

In Reply Refer to: HCR-20 

DOT #2020-0032 

Subject: Dismissal of Complaint DOT #2020-0032 

This letter is to inf01m you that the Federal Highway Administration (FHW A) Office of Civil 

Rights has dete1mined that it will dismiss and transfer the above complaint, which alleges 

violations that may be related to Title VI of the Civil Rights Act of 1964, the U.S. Department of 

Transpo11ation (USDOT) Title VI implementation regulations at 49 C.F.R. Pat1 21 and/or 

FHW A's Title VI regulations at 23 C.F.R. Patt 200 (hereinafter Title VI). Title VI prohibits 

discrimination on the basis of race, color, or national origin in programs and activities receiving 

Federal financial assistance. 

To be accepted for investigation, a complaint must meet the jurisdictional requirements provided 

by 49 C.F.R. § 21.11. First, complaints must be filed within 180 calendar days of the alleged 

discriminat01y act, unless the time for filing is extended by FHW A. Second, the matters must 

concern recipients of federal financial assistance for a program or programs authorized under a 

law administered by FHW A. Finally, the complaint must describe an alleged discriminato1y act 

or acts that, if tme, would fall under FHWA's jurisdiction and potentially violate FHWA's Title 

VI regulations. 

You allege that the Virginia Depaitment of Transportation (VDOT)'s Richmond Highway 

(Route 1) Corridor Improvements project and Fairfax County's Richmond Highway Bus Rapid 

Transit Project will cause adverse, dispai·ate impacts to the African-American and Hispanic 

populations of Gum Springs and its smTounding areas. 

Regai·ding the VDOT project, you allege the project will have various negative impacts on the 

community including an increase in crime and trash associated with two planned pedestrian 

unde1pass bridges. You also allege that the project's encroachment of prope1ties will cause 

negative impacts on African-American and Hispanic populations. Regarding the Fairfax County 

project, you allege the project will ha1m the community by eliminating bus stops and create more 

traffic on nearby roads. 

After careful consideration, FHW A has detennined the allegations and facts in your complaint 

regarding the VDOT highway project do not meet the minimum criteria. under which FHW A 

could establish a case of dispai·ate impact under Title VI. The available inf01mation is 
insufficient to show that populations in the Project vicinity, distinguishable by race, color, or 

national origin, will be disparately and adversely impacted. For these reasons, the allegations in 

your complaint regarding VDOT will be dismissed by FHWA and closed with no further action. 

In regard the Fairfax County transit project, the FHWA has determined that it lacks jurisdiction 

because the allegations and facts you have presented are outside the subject matter areas of 

statutes FHWA is responsible for enforcing. The issues you raised may be within the jurisdiction 

of a different agency within the U.S. Department of Transportation. Therefore, we have 

forwarded your complaint to the U.S. Department of Transportation’s Office of Civil Rights for 

appropriate action. 

If you have any questions, please contact Nichole McWhorter at (202) 366-1396. 

Sincerely, 

Nichole McWhorter 

Title VI Team Leader 

Office of Civil Rights 

cc: Thomas L Nelson, Jr., Division Administrator, FHWA Virginia Division Office 

Wayne Fedora, Deputy Division Administrator, FHWA Virginia Division Office 

Mary Walker, Civil Rights Program Manager, FHWA Virginia Division Office 

Jim Esselman, Senior Attorney-Advisor, FHWA Office of Chief Counsel 

Yvette Rivera, Associate Director, Equal Employment Opportunity Programs Division, 

Departmental Office of Civil Rights

 Kevin Resler, National Title VI Program Coordinator, FHWA Office of Civil Rights 

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