[Federal Register Volume 70, Number 194 (Friday, October 7, 2005)]
[Rules and Regulations]
[Pages 58616-58619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20261]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 303

[Docket No. FMCSA-2002-13248]
RIN 2126-AA79


Title VI Regulations for Federal Motor Carrier Safety 
Administration Financial Assistance Recipients

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Final rule.

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SUMMARY: FMCSA adopts as final its interim regulations at 49 CFR part 
303 governing civil rights matters, consistent with the savings 
provision of section 106(b) of the Motor Carrier Safety Improvement Act 
of 1999. As with the interim rule, this final rule clarifies and 
modifies the applicability of certain Federal Highway Administration 
(FHWA) and Departmental umbrella Title VI provisions of the Civil 
Rights Act of 1964, and related nondiscrimination statutes, as they 
apply to FMCSA Federal financial assistance recipients. Part 303 was 
created to provide FMCSA with initial guidelines and procedures, as 
well as future FMCSA Title VI implementing regulations and any future 
guidelines on Title VI compliance. FMCSA removed itself from the FHWA 
Title VI regulations in 23 CFR part 200 to avoid confusion, while not 
altering the substantive Title VI obligations of FMCSA and its 
grantees. FMCSA remains subject to the Departmental umbrella Title VI 
regulations in 49 CFR part 21 and will develop as needed further 
guidelines and procedures to assure effective and consistent 
implementation for financially assisted recipients. We have not made 
any changes to the interim rules in part 303, and we adopt the interim 
regulations as final without change.

DATES: This Final Rule is effective on November 7, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. Carmen Sevier, Office of Civil 
Rights (MC-CR), DOT Federal Motor Carrier Safety Administration, 400 
Seventh Street, SW., Washington, DC 20590; telephone (202) 366-4330, or 
e-mail <a href="/cdn-cgi/l/email-protection#c586a4b7a8a0abeb96a0b3aca0b785a3a8a6b6a4eba1aab1eba2aab3"><span class="__cf_email__" data-cfemail="a4e7c5d6c9c1ca8af7c1d2cdc1d6e4c2c9c7d7c58ac0cbd08ac3cbd2">[email protected]</span></a>. Office hours are from 7:45 a.m. to 
4:15 p.m. e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Where Can You Get Copies of This Final Rule?

    You may download this document from http://www.archives.gov/_federal register by clicking on today's Federal Register; from the 
Department of Transportation's electronic docket at the URL address: 
http://dms.dot.gov, identified by docket FMCSA-2002-13248 and key in 
the last five digits of this docket number; or you can contact the 
person listed under For Further Information Contact to request a copy.

Background

    The Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Pub. L. 
No. 105-159, 113 Stat. 1748, December 9, 1999), created the Federal 
Motor Carrier Safety Administration (FMCSA) and transferred to FMCSA 
certain motor carrier safety and related responsibilities. Prior to 
MCSIA, the powers and authorities transferred to the FMCSA had been 
exercised by various entities within the Department. FMCSA consequently 
was charged with

[[Page 58617]]

enforcing motor carrier safety requirements previously enforced by its 
predecessors: the former Federal Highway Administration (FHWA) Office 
of Motor Carriers; the former FHWA Office of Motor Carrier and Highway 
Safety; and the former Office of Motor Carrier Safety within the DOT.
    Section 106(b) of MCSIA contained a ``savings provision'' which, 
among other things, preserved for FMCSA the applicability of various 
rules and regulations that were applicable to its predecessor agencies 
and offices. Among those regulations are certain FHWA nondiscrimination 
protections and provisions that implement Title VI of the 1964 Civil 
Rights Act (42 U.S.C. 2000d, et seq., and related nondiscrimination 
statutes). The FHWA's regulations in 23 CFR part 200 are applicable to 
recipients of Federal grant and cooperative agreement aid. Those 
regulations, promulgated by FHWA in 1975 and 1976, supplemented the 
Departmental umbrella Title VI protections in 49 CFR part 21.

Interim Final Rule (IFR)

    FMCSA published an IFR in the Federal Register on February 14, 2005 
(70 FR 7411) which established Part 303 for FMCSA Title VI implementing 
regulations by adopting the Departmental Title VI provisions under 49 
CFR part 21. The interim regulations in Part 303 were intended to 
provide initial guidelines and procedures for future FMCSA Title VI 
implementing regulations and any future guidelines on Title VI 
compliance. FMCSA clarified the Title VI authorities covering FMCSA 
programs by deleting references specific to only FHWA programs and by 
stating the applicability of the Department-wide Title VI regulations 
to FMCSA. We invited public comment on the IFR and the 60-day comment 
period closed April 15, 2005. We did not receive any comments on the 
IFR.

Title VI

    Title VI states that, ``No person in the United States shall, on 
the grounds of race, color, or national origin, be excluded from 
participation in, be denied the benefits of, or be otherwise subjected 
to discrimination under any program or activity receiving Federal 
financial assistance.'' In addition, Title VI and the other related 
nondiscrimination statutes \1\ bar intentional discrimination, as well 
as disparate impact discrimination, which is a neutral policy or 
practice that has an unequal and adverse impact on protected groups.
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    \1\ NONDISCRIMINATION PROGRAM REQUIREMENTS
    1. Title VI of the Civil Rights Act of 1964--``No person in the 
United States shall, on the grounds of race, color, or national 
origin, be excluded from participation in, be denied the benefits 
of, or be subjected to discrimination under any program or activity 
receiving Federal financial assistance.''
    2. Age Discrimination Act of 1975--``No person in the United 
States shall, on the basis of age be excluded from participation in, 
be denied the benefits of, or be subjected to discrimination under 
any program or activity receiving Federal financial assistance.''
    3. Section 504, Rehabilitation Act of 1973--``No qualified 
handicapped person shall, solely by reason of his handicap, be 
excluded from participation in, be denied the benefits of, or be 
subjected to discrimination under any program or activity that 
receives or benefits from Federal financial assistance.''
    4. Title IX of the Education Amendments Act of 1972 prohibits 
discrimination on the basis of sex, in education and training 
programs provided by recipients of Federal financial assistance. 
Title IX is designed to eliminate (with certain exceptions) 
discrimination on the basis of sex in any education program or 
activity receiving Federal financial assistance, whether or not such 
program or activity is offered or sponsored by an educational 
institution.
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Applicability of FHWA Title VI Provisions to FMCSA

    The FHWA's regulations in 23 CFR part 200 provide guidance on how 
FHWA will implement its Title VI compliance and define the role and 
responsibilities of State transportation agencies in ensuring 
compliance with Title VI. FMCSA reviewed those regulations in light of 
its motor carrier safety objectives and concluded the FHWA regulations 
in 23 CFR part 200 do not meet the needs of FMCSA Federal financial 
assistance recipients. This is because FHWA non-discrimination policies 
and procedures are geared toward highway planning and development.
    Alternatively, the Departmental implementing regulations in 49 CFR 
part 21 specify the manner and degree to which grant recipients must 
comply, and the basic recordkeeping requirements necessary to meet the 
intent of the nondiscrimination statutes. The Departmental regulations 
are broader in scope and therefore do not involve the degree of 
specificity required by the FHWA regulations. On that basis, FMCSA 
concluded the broader Departmental regulations are more appropriate for 
the level of financial assistance involved in FMCSA programs or 
activities. For these reasons, FMCSA adopted the Departmental umbrella 
provisions.

Programs or Activities

    Under this final rule, FMCSA Federal financial assistance 
recipients must comply with the Title VI regulations in 49 CFR part 21 
for FMCSA-only programs or activities. As noted above, we believe the 
less cumbersome but equally effective Departmental provisions better 
accommodate the interests of State agencies and other grantees by 
providing them with more streamlined Title VI procedures than those 
established in 23 CFR part 200. FMCSA established Part 303 in 
Subchapter A, Chapter III of Title 49 of the CFR, for its Title VI 
implementing regulations, by adopting the Departmental Title VI 
provisions under 49 CFR part 21. FMCSA remains subject to those 
requirements, and may develop further guidelines and procedures in 
accordance with the law to assure effective implementation by grantees.
    For Joint or Multi-agency programs or activities, FMCSA grant 
recipients must follow the requirements of 49 CFR part 21 unless an 
agreement is reached by the Federal funding agencies for the recipients 
to use those Title VI procedures of the Federal lead agency.\2\
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    \2\ The Federal lead agency is the agency that provides the most 
overall funding to the recipient.
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Conclusion

    FMCSA carefully weighed the benefits to be gained by clarifying and 
modifying Title VI regulations applicable to the agency. By taking 
itself out from under FHWA Title VI regulations, FMCSA expects this 
rule to increase grant and cooperative agreement participation levels 
for FMCSA programs or activities by simplifying reporting requirements. 
Since the FHWA Federal-aid programs or activities tend to be much more 
costly than the FMCSA financially assisted programs or activities, 
FMCSA expects this rule to lower administrative costs for grantees in 
carrying out their Title VI responsibilities. FMCSA intends to continue 
applying and using the adequate Title VI protections under the 
Departmental umbrella regulations at 49 CFR part 21.

Rulemaking Analyses and Notices

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    This Final Rule is not a significant regulatory action within the 
meaning of Executive Order 12866, or significant within the meaning of 
the Department of Transportation's regulatory policies and procedures. 
This rule clarified and modified the applicability of certain Title VI 
provisions of the FHWA and of the Department as they concern FMCSA's 
Federal financial assistance recipients under the motor carrier safety 
program. It also established Part 303 (49

[[Page 58618]]

CFR part 303) to provide FMCSA with Title VI implementing regulations, 
as well as any further procedures for ensuring compliance with Title 
VI. This was done by adopting the Department's longstanding Title VI 
regulations at 49 CFR part 21. Therefore, FMCSA expects this rule to 
impose no costs on industry or States, since all FMCSA Federal 
financial assistance recipients are currently complying with the 
requirements of Title VI. We requested comments on any potential costs 
or burdens associated with the IFR, but none were received.

Regulatory Flexibility Act

    FMCSA evaluated the effects of this action on small entities in 
accordance with the Regulatory Flexibility Act (5 U.S.C. 601-612), as 
amended by the Small Business Regulatory Enforcement Fairness Act. In 
taking itself out from under FHWA's Title VI reporting and procedural 
requirements, because they are not appropriate for the level of 
financial assistance in FMCSA's programs, FMCSA expects to ease the 
compliance standards for Title VI by all FMCSA Federal-aid recipients. 
We certify that this action will not have a significant economic impact 
on a substantial number of small entities, and may have some positive 
net benefits.

Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4; 2 U.S.C. 1532, et seq.) requires each Federal agency to assess the 
costs, benefits, and other effects of its regulatory actions on State, 
local, or tribal governments, or on the private sector, except to the 
extent the regulations incorporate requirements specifically set forth 
in law. FMCSA determined that this rule does not include a Federal 
mandate likely to result in expenditures by State, local, or tribal 
governments, in the aggregate, or by the private sector, of $120.7 
million or more in any one year (adjusted for inflation). Furthermore, 
regulations implementing civil rights requirements are explicitly 
excluded from unfunded mandates consideration. Therefore, the 
requirements of Title II of the Unfunded Mandates Reform Act do not 
apply to this final rule.

Executive Order 13132 (Federalism)

    FMCSA analyzed this final rule under the principles and criteria of 
Executive Order 13132. We certify that this rule will not have a 
substantial direct effect on the States, or sufficient federalism 
implications for the States, nor will it limit the policymaking 
discretion of the States. This is because nothing in this final rule 
directly preempts any State law or regulation.

Executive Order 13175 (Consultation and Coordination With Indian Tribal 
Governments)

    FMCSA analyzed this final rule under the principles and criteria of 
Executive Order 13175. This rule will not significantly or uniquely 
affect the communities of Indian tribal governments and will not impose 
substantial direct compliance costs. Therefore, Executive Order 13175 
does not apply to this final rule.

Executive Order 13211 (Energy Supply, Distribution, or Use)

    FMCSA analyzed this final rule under Executive Order 13211, Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use, dated May 18, 2001. The rule is procedural in 
nature and, therefore, is not a significant regulatory action under the 
provisions of Executive Order 12866, and is not likely to have 
significant adverse effect on the supply, distribution, or use of 
energy.

Paperwork Reduction Act of 1995

    We determined that this rule does not include an information 
collection requirement for which we need approval from the Office of 
Management and Budget, under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

Executive Order 12988 (Civil Justice Reform)

    This action meets the applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

Executive Order 13045 (Protection of Children)

    We analyzed the rule under Executive Order 13045, Protection of 
Children from Environmental Health Risks and Safety Risks. 
Consequently, this rule is not economically significant and does not 
concern an environmental risk to the health or safety of children.

Executive Order 12630 (Taking of Private Property)

    This action does not effect a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.217 Motor 
Carrier Safety. The regulations implementing Executive Order 12372 
regarding intergovernmental consultation on Federal programs and 
activities apply to this program.

Executive Order 13166 (Limited English Proficiency)

    Executive Order 13166, ``Improving Access to Services for Persons 
with Limited English Proficiency'' (LEP) applies to Federally assisted 
programs. It requires each Federal agency to examine the services it 
provides and develop reasonable measures to ensure that persons seeking 
government services but limited in their English proficiency can 
meaningfully access these services consistent with, and without unduly 
burdening, the fundamental mission of the agency.
    Its purpose is to clarify for Federal-fund recipients the 
reasonable steps those grant recipients should take to ensure that its 
programs or activities are meaningfully accessible to individuals who 
are limited in English proficiency. Moreover, the Executive Order on 
LEP requires each Federal agency to provide guidance on Federal 
financial assistance to ensure that the recipients' programs or 
activities are meaningfully accessible.
    As FMCSA develops its Title VI program, we will explore whether 
additional outreach to LEP individuals is appropriate. FMCSA will be 
operating under DOT LEP guidance. Therefore, this final rule complies 
with the principles enunciated in the Executive Order.

National Environmental Policy Act

    FMCSA Environmental Order 5610.1C dated March 1, 2004 (69 FR 9680) 
defines FMCSA actions that may be categorically excluded from 
preparation of a National Environmental Policy Act (NEPA) environmental 
impact statement. This final rule merely clarified and modified FMCSA's 
Title VI program, the applicability of both the FHWA's and the 
Department's Title VI provisions, and established a new part in 49 CFR 
chapter III, Subchapter A, for civil rights matters. Therefore, this 
final rule is categorically excluded in accordance with FMCSA Order 
5610.1C, paragraph 6.a.

List of Subjects in 49 CFR Part 303

    Civil Rights, Implementation and review procedures, Title VI 
compliance program, Title VI program and related statutes, 
Transportation.

[[Page 58619]]

Final Rule

    Accordingly, the interim regulations published February 14, 2005 at 
70 FR 7411, Part 303 of Subchapter A, Chapter III of Title 49 of the 
Code of Federal Regulations, are adopted without further revision.

    Issued on: October 3, 2005.
Annette M. Sandberg,
Administrator.
[FR Doc. 05-20261 Filed 10-6-05; 8:45 am]
BILLING CODE 4910-EX-P


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