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Request for Comment: NHTSA's Nondiscrimination Compliance Program Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Regina Morgan Date: 16 November 2023 Subject: American Government 
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[Federal Register Volume 88, Number 220 (Thursday, November 16, 2023)]
[Notices]
[Pages 78811-78813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25266]
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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.
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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\
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\1\ NHTSA 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.
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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\
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\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.
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Section 504 of the Rehabilitation Act of 1973 (Section
504), 29 U.S.C. 794 et seq., which prohibits discrimination based on
disability; \3\
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\3\ States 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.
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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
[[Page 78812]]
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. Sec. 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\
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\4\ See id.; see also 49 CFR 25.605; 49 CFR 27.121(b); 45 CFR
90.42(a).
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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
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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
communication-related 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]
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