us.Department of Transportation Federal Aviation' Administration November 6, 1998 Mr. Clyde Johnson, C.P.M. DBELiaison Town ofAddison P. O. Box 9010 Addison, TJe 75001 Dear Mr. Johnson:
Southwest Region Arkansas. Louisiana. New Mexico. Oklahoma. Texas Fort Worth, Texas 76193-0000 We have reviewed your Disadvantaged Business Enterprise (DBE) goal and methodology for
the town ofAddison submitted by facsimile dated November 6, 1998. We are hereby . Jentatively approving; the updated goal of 0 percen! (in-house professional services) for 'Federal Aviation
Administration (FAA)-assisted contracting through September 30, 1999, 􀁰􀁥􀁮􀁤􀁩􀁮􀁧􀀺􀁦􀁩􀁮􀁾 approval from our Washington 􀁯􀁦􀁦􀁩􀁣􀁥􀁾 . . .: Since you are required to update your
goal aimually, you should submit your updated goals to . ; us no later than 30 days prior to the expiration date. Guid8nce to assist you in preparing your submission is contained in
the FAA DBE development kit for airport grant-in-aid recipients dated May 1989. (See discussions ofthe goals beginning on pages 23 through 39.) When submitting your goals, please ensure
that you address each ofthe items shown in appendices 4 and 5, "Methodology for Establishing Overall Goal," and "Explanation for Not Achieving Previous Year's Goals," etc. The other
elements ofyour DBE plan do not have to be resubmitted to us unless you are making a revision to the plan. If you have any questions, please feel free to contact me at 817-222-5009.
Sincerely, Rosetta F. Robinson External Program Manager',. ...􀁾􀁯􀁵􀁴􀁨􀁷􀁾􀁳􀁴 Region:. .' .'.-_ .' . '.. " ..' . . ", " , .... , . ..... . ·.i· .. ·. ':'., cc: . _. : ." _.. ASW-650.
. -, 􀁾 -' . -.. .;: ", ....
􀁾􀁾􀀮 u.s.DeportrneOt of Ttcnsportotion Federal Aviation Administration Dear Airport Sponsor: . Southwest Region Arkansas. Louisiana. New Mexico. Oklahoma. Texas Fort Worth. Texas 16193-0000
The Department ofTransportation's (DOT) regulation 􀀴􀁾 CFR Part 21 requires airports that receive Federal financial assistance to take steps to notify the public of the nondiscrimination
provisions. Appendix C (b)(2), ''Notification of Beneficiaries," state in pertinent part: ,'•., ,_, "The airport operator shall...conspicuously display a sign or signs, furnished by
the Federal Aviation Administration (FAA), in a main public area or areas of the 'airport, stating that discrimination based on race, color, or national origin. is prohibited on the
. airport." Enclosed is a copy of the poster, "Unlawful Discrimination," which is used for this purpose. Each sponsor should reproduce additional copies, if necessary, to ensure thatt!'sufficient
number of posters are displayed a$ required. The requirement to display a poster is referenced in Order 5100.30, "Nondiscrimination in Federally Assisted Programs of the FAA," and in
Advisory Circular 150/5100-15A. If you have questions, please call Ms. Rosetta F. Robinson ofmy staffat 817-222-5009. Since. _:y, 􀁡􀀿.,􀁴.􀀧-\'􀁾tUrv:r-" J\ituro\i. ntoya Manager, Civil
Rights S aff Southwest Region Enclosure cc: ASW-600
Sent: To: Cc: Subject: Monday, November 09,19982:37 PM Jim Pierce John Baumgartner Materials from FAA I'm sending you (interoffice mail) copies of correspondence and a poster (must be
posted in the Airport). I've sent you copies of the filings made last week. Let me know if you have any questions. Clyde Johnson Purchasing -7090
u.s. Department of Transportation Federal Aviation Administration Dear Airport Sponsor: Southwest Region Arkansas. LouIsiana. New Mexico. Oklahoma. Texas Fort Worth. Texas 76193-0000
􀀡􀁊􀁾 w-c; 􀁣􀁊􀁾􀁾􀀨 􀁾 t4r .c 7tt31 The following public program information is now available on the Federal Aviation Administration home page at http://www.faa.gov/acr/acrhome.htm.
• Disadvantaged business enterprise (DBE) program regulations and guidance. • Directory ofDBE Liaison Officers for Federally Assisted Airports. • Airport Improvement Program project
approvals. • Primary airport enplanement summary. • Access to airport facilities and air carriers by persons with disabilities. If you have questions, please contact Ms. Rosetta F. Robinson
ofmy staff at 1.. 􀀸􀀱􀀷􀁾􀀲􀀲􀀲􀀭􀀵􀀰􀀰􀀹􀀮 Sincerely, -J 􀁦􀁴􀁊􀀧􀁉􀂣􀀬􀁲􀁾􀀯􀁕􀁬􀁹􀁊􀀧􀁊􀁾 :Arturo R' 􀁾􀁴􀁯􀁹􀁡 t. Manager, Civil Rights Staff Southwest Region cc: ASW-600
1999FAAlAMAC Diversity Conference June 6-9, 1999 Adams Mark Hotel . Houston, Texas
u.s. Department of Transportation Federal Aviation Administration Dear Airport Sponsor: Southwest Region Arkansas. LouISiana. New Mexico. Oklahoma. Texas Fort Worth. Texas 76193-0000
Subpart E, 14 CFR Part 152, was originally published as a final rule in the February 14, 1980, Federal Register (45 F.R. 10184)(copy enclosed). The notice advised the public that compliance
with 14 CFR Sections 152.407, 152.411(c)(1) and (2), 152.415, and 152.417(b) is not required until 30 days after a notice of approval of those sections by the Office ofManagement and
Budget (OMB) is published in the Federal Register (45 F.R. 10192, at paragraph 4). Since the OMB never approved these sections of the rule, the requisite "notice of approval" has never
been published. Consequently, the Federal Aviation Administration does not consider the requirement to implement a written affirmative action plan to be in effect. Further, we do not
consider the requirement to implement affirmative action steps and to submit reports to be in effect. These sections concern the employment practices of grantees, aviation-related activities,
and other covered organizations, as defined in the rule. Due to these circumstances, an airport would not be authorized by Subpart E to impose the above referenced requirements on a
firm which seeks to participate as aviation related activity. Please be advised, however, that 14 CFRSection 152.405 prohibits covered organizations from discriminating in employment
practices and other activities referenced in that section. The FAA does process complaints alleging violations of these provisions. Further, the provisions of Section 152.421 concerning
nondiscrimination in public accommodations, services, and benefits are in effect. If you have questions, please call Ms. Rosetta F. Robinson ofmy staff at 817-222-5009. Sincerely, 􀁾􀁊􀀧
"/', \ 􀀬􀁾, . 􀁾􀁜􀀬􀁜􀀮􀁣 /􀀻􀀬􀁾 i ; 􀁜􀁜􀁪􀁜􀁾􀀬.. 􀁾􀁾􀀮􀁊􀀮􀁾􀁾 \.... Arturo R. Montoya i Manager, Civil Rights Sthff Southwest Region
u.s. Department of Transportation Federal Aviation Administration SEP 1 8 1998 Dear Airport Sponsor/DBE Liaison Officer: Southwest Region Arkansas. Louisiana. New Mexico. Oklahoma. Texas
ForI Worth. Texas 76193-0000 Enclosed please find the disadvantaged business enterprise (DBE) program infonnation and required action items. This letter provides a quick reference of
the contents of the package and lists suspense dates for your action. Be aware that we have extended these dates to allow sufficient time for us to compile our data and provide a timely
response to Washington. Infonnation received after our report is complete and forwarded to Washington will not be included in the White House and several other important reports. We
are requesting that you make every effort to complete this annual reporting requirement on a timely basis. REQUIRED ACTION ITEMS: • Report ofDBE Goal Accomplishments, Fonn 4630, with
a Report of Certified DBE Contractors Used on FAA-assisted Contracts (due October 30,1998) • "Unlawful Discrimination" Airport Posters (post immediately) INFORMATION ONLY: • Office of
Civil Rights Home Page t'AA!AMAC Diversity r :''J.ference flyer • Affinnative Action Obligation under 14 crR Part 152, Subpart F (Employment Practices) If you have questions on the infonnation
that is provided to you, please contact me or Ms. Rosetta F.Robinson ofmy staff at 817-222-5009. Sincerely, UJ}.li-􀁾􀁴􀁜􀁬􀁩􀁌􀁖􀀭􀀭􀀭 Arturo 􀁒􀀮􀁾􀁾􀁴􀁾􀁹􀁡 { Manager, Civil Rights
Staff Southwest Region .
Thursday February 14, 1980 ------------􀁾􀁾􀀭 .:=:. -=-==-=--------= 􀀭􀁾 Part HI Department of Transportation .---􀁾 -------------Federal Aviation Administration Airport Aid Program;
Civil Rights Provisions
s • .' 􀁾 .;-..,,','" ".r· .', ." .. " .. A'". .... ", _. '''·:·'10184 Federal Register J. Vol. 45. ·No. 􀁾􀀲 I Thursday. February 14. 1980 I·Rules and Regulations , DEPARTMENT OF TRANSPORTATION
. . Federal Aviation AdminIstration _. '-14 CFR 􀁾􀁡􀁲􀁴 152 .. I Doek.t No. 1641t; Arndt-No. 152-il . Airport Aid Program,ClvlJ Rights AGENCY: Federal A,,·iatior... Administration [FAt'.).
DOT. ACTION: F:.Hll rule. SUMMARY: These ame:'ldments arc being Iss'Jcd to ensure compliance with the statutory requirements of S<'ction 30. Airport and Airway Development Act of 19iO;as
amended (019 U.S.C. 1701et seq.). tha t no pr.rson is excluded on the grounds of race. creed, color. national origin. or sex from participatine in any Activity for airport development.
airport mnster planning. or airport system planning conducted with funds received from nny grnnt mnde under the Airport Aid Program. This action is required by ConllressionAllegislaliO;1.
EFFECTIVE DATE: March Ii. 1900. FOR FURTHER INFORMATION CONTACT: 􀁍􀁾􀀮 Irene Irene II. 􀁍􀁩􀁥􀁬􀁤􀁾􀀮 Allorney Advisor. General Lega I Services Divis·ion. Perllonnel ,lnd Labor LAW
Drnnch (AGC14). Federnl Aviation Administration. 600 Indeper.denr.e Avenue. SW.. Washington. D.C. 20591. telephone: (202) 42G-3i65. SUPPLEMENTARY INFORMATION: Interested persons hnve
been afforded nn opportunity to participate in the making of this final rule by 0 notice of proposed rulemokins (Notice No. ii-l) issued on Janunry 11. 19i7. nnd published in the Federal
Register on January 13.19i7 (42 FR 2650). Due considera lion hilS been given to all comments receh'ed in response to the notice. Except as otherwise discussed. the)' arc renected in
this amendment. The FAA recugnizes. however. that events which have transpired since the comment period closed in 1977. may require adjustments to the I"Jleafter implementation. The
FAA therefore will continue to accept comments for one year. following the date the rule . becomes effective. If appropriAte. it will be amended ofter consultation with the Equal Employment
Opportunity Commission. as required by Executive Order 12007. The final rule also responds to two major developments at the national level: (1) The President's Civil Rights Reorganization
as contained in Reo.ganization Plan Number 1 of 1976 (4:l FR 19807; May 9. 1978) and (2) . Issunnce of Executive Order 12044. Improving Government Rcgulations (43 .. Commission to that
effect. Thc FAA hilS FR 12661; March 24. 1978). . .. -.'. conformed the provisions of thi!> . The majority of the 135 comrr.enlera .. amendment to the Executive Order, liS expressed-two
chief concerns: .. . discussed below. The discussion is 1. They perceived the requirements of divided into two parts. The first e).plains the NPRM as duplicative of. or in -' major changes
in the overall structure of conDict with. those of other agencies the final rule. The second part deals ·having responsibility for equal···· with specific comments, received during employment
opportunity enforcement. the public comment period.· • 2. They 􀁦􀁾􀁬􀁾 the requirements would J G-lO' s ion result in undue administrative burdens. • IlDera ''iCU s . Durin[ • :e same
lime frame. the As part of its efforts to avoid overlap research efforts of a 􀁮􀁵􀁾􀁢􀁥􀁲 of and duplication. the FAA has worked Presidential TaSK Forces uncovered' closely with the
Office of the Secretary similar problems in the administration of Transporta tion to coordinate its of civil rights programs as a whole. . revision of the amendment 􀁷􀁩􀁴􀁾􀀻 􀁮􀁾􀁷
Their conclusions resulted in the developments in the Depar!ment. These incorporation of two programs of civil new developments ha'we included the rights consolidation L, Reorganization
drafting. by. the Secretary of Plan Number 1. The first was Transportation. of 8 proposed rule for implemented by Executive Order 12067 Minority Business Enterprise Progr;;;;1s [43 FR
28967; July 5.1978). assigning to and a propose:d revision to 49 CFR Pilrt the Equal Employment Opportunity 21. Nondiscrimination in Federally· Commission the leadership role for all
Assisted Programs of the Depnrtment of Federal efforts relating to equal Transportn!ion-Effectua tion of Title VI employmenl opportunity. The second. of the Ch'il Righls Act of 1964
(Sec consolidating the contract compljance Regulations Agendo. 43 FR 23B64. June 1. programs under Parts II and \II of 19i8J. Executive Order 11246 in the In view of these documents.
the FAA Department of Labor. was implemented has deleted from this omcndmenl (111 . by Exect·tive Order 12086 (43 FR 46501: specific requirements reluting·to the October 10; 1978). .
utilization 􀁯􀁾 minority and female Also during this same time frame. the entrepreneurs. Instead. Section 152.419. President acted to simplify regu,latory as adopted. requires compliance
with procedures through the issuance of the requirements of the Departmenl's Executive Order 12044. Ir.lpro,,·ing Minority Business Enterprise Regulntio:l Government Regulations [43
FR 12661: in its final form (scheduled for March 24, 1978J. Section 1 of the publication in 49 eFR Part 23). Usc of Executive Order requires that the Minority Business Enterprise regulations
be as simple and clear os regulation to implement the FAA's possible. and that they achieve section 30 responsibilities will result in il legislative goals effectively and uniform program
throughout the efficiently. In addition. Executi\'e Order Department. avoid duplicalion of record· 12044 requires that regulations impose keeping and 􀁲􀁥􀁰􀁯􀁲􀁴􀁩􀁮􀁾􀀮 and prevent
the no unnecessary burdens on the imposition of multiple requirements. economy. on individuals. on public or Secondly. the FAA has deleted all private organizations. or on State and
references to requirements similar to local govemmentr.. those l f Title VI of the Civil 􀁒􀁩􀁧􀁨􀁴􀁾 Act The FAA believes that this of 1964 or 49 CFR Part 21. regulations of amendment
meets the President's the Department of Transportation regulatory criteria and has detenriined implementing Tille VI. In the NPRM, that it lends support to the Civil Rights these requiremr.nts
related to Reorganization Program. In accordance nondiscrimination in the provision of with section 1-304 of Executive Order public accommodatiolTS. services. <Ind 12067. the DOT has
submitted this other benefits to persons who may be amendment formally to the Equal subject to discrimina tion on the basis of Employment Opportunity Commission sex or creed. Section
152.421. as for review: In addition. the amendment adopted. incorporates by reference all has been provided for comment to the the requirements of 49 CFR Part 21. Office of Federal Contract
Compliance thereby prohibiting discrimination on Programs. the Department of Labor. and the basis of sex or creed in FAA Fcdewl the Department of Justice: -financial assistance programs
in the It should be noted that the Ci\'iI Righls same manner that Tille VI prchibils Reorganization is based not only on the discrimination on the basis of race. premise that duplication
should be color. or national origin. 49 CFR Part 21 . avoided. but that effort should be.' also calls for affirmative action. where maximized. Section 1-2010£ Execu live appropriate.
Incorporll tion of Part 21 Order 12007 contains a mandate to the requirements by reference wi1l ensure Equal Employment Opportunity uniformity of treatment of benenciaries
. '. . -.' . .' 􀁾􀀮􀀮􀀮􀀮􀀮􀀮􀀮􀀮. . .' . . Federal Register I Vol. 45, No. 32 I Thursday, February 14. 1980 I Rulcs and Rcgulations 10185 and prevent needless repetition in rulemaking.
The FAA also has deleted pr'oposed Sections 152.165 through 152.173. relating to complaints. procedures for effecting compliance. hearings. decisions tlnd notices. and judicial review.
Section 152.423 provides for the usc of the procedures required In 49 CFR Part 21 for these actions. In addition. undl'r Section 1.47(f) of the Regulatioll!l Clf the Se",'!.ltary (i9
CFR 􀁕􀀷􀀨􀁦􀀩􀁾 the Administrator of thee FAA may conduct investigations tiS 􀁣􀁯􀁮􀁳􀀺􀁾􀁥􀁲􀁥􀁤 necessary to carry out the pro\'isions of the Airport nnd Airways Deve)op,nelll Act
of 1970. liS amended. The investigation procedures established by the Administrator are contained in 14 CFR Pilrt 13. :m'estig,ltion and Enforcement Procedures. and also may be used
for the investigation of noncompliance with this subpilr:. Section 152.423. as ncJopted. contains n cross-reference to 14 CFR Pll rt 13. Noncomplinnce with tbe requirements of tbe Department's
Minority Dusiness Enterprise (MDE) regulation will be investigated and enforced thrcugh the prucedures contained in the MDE regulation, Allegntions of noncompliance with Federal -employment
requirements which the EqlJnl Employment Opportunity Commission. the 􀁄􀁥􀁰􀁡􀁲􀁴􀁭􀁥􀁮􀁾 of Lflbor. or other 􀁬􀁬􀁧􀁥􀁬􀁾􀁣􀁩􀁥􀁳 enforce will he rderred to those ugencies 􀁦􀁵􀁾 enforcement.
In these instances, Purt 13 investigative procedures and 49 CFR Part 21 procedures will be u!'ed to supplement or enhance the investigative and enforcement aUlhority of other ugencies.
Following a finding on the record by Ilny such agency. the FAA will adopt the finding as its ('wn and determine whether grant-relilted Si\llclions should be imposed in addition to Ihe
remedies provic..led. or other sanctions 􀁩􀁭􀁰􀁯􀁾􀁥􀁤􀀮 by that agl'ncy, Ilowever. when it uppeurs that deferral 10 (he proceedings of these agencies could result in undue delay and
lead to the expenditure of Federal funds without compliance with this subpart. the FAA may initiate proceedings. It should be noted that Part 13 investigative procedures will be utilized
in conjunction with procedures established by the Office of the Secretary for the receipt of complnints. 􀁯􀁮􀁾􀁳􀁩􀁴􀁥 investigations. and informal resolutions. The enforr.ement procedures
as made npplicable in this amendment have a threefold effect: (1) They do not disturb procedures established by other agencies for other statutes; (2) They make possible an added sanction
(or employment 􀁾􀁩􀁳􀁣􀁲􀁩􀁭􀁩􀁮􀁡􀁴􀁩􀁯􀁮􀀺 and [3J They do not duplicate the remedies or sanctions provided elsewhere such as debarment of contractors under 41 crn Part 60 (Department
of Labor regulations . to implement Executive Order 11246): those available through a private cause of action under Title VII of the Civil Right5 Act of 1964. as amended: or the sanctions
for discrimination on the basis of race. coior. or natiunal origin under Tille VI r.r that Act. A foul'.n major revision concerns the extent to which employment practic(.'1l are covered
in this amendment. In view of the many specific comments on the employment-related sections of the NPR,\-1, this major change is discussed in Part II. n. Discussion of Specific Comments
A. Employment Many 􀁣􀁯􀁭􀁭􀁥􀁮􀁬􀁬􀁾􀁲􀁳 felt thnt employment should be excluded totall)' in a section 30 rule in view of the remedies and sanctions available under Tilles VI And VII
of the Civil Rights Act of 19M. under Executive Order 11246. and under statutes addressing specific protected groups such as handicapped persons. those over a certain age limit. and
veterans. Since ser.tion 30 doc:; not speak to groups such as handicapped persons. veterans. or others who are the s..Jbject of specific legisld tion. this amendment contains no requirements
v,,'hich overlap or duplicate the requirements in regul;)tions implementing that specific legisla tion. The Department of Transportution regulations to inlplement Title VI cover two
types of employment discriminalion: (lJ employment practices of a 􀁾􀁲􀁡􀁮􀁬􀁥􀁥 and other covered persons tha·t impact unfa .....orably upon beneficiaries. and (2) discriminalion in
􀁰􀁲􀁣􀂷􀁧􀁾􀁡􀁭􀁳 c..lesigned to provide employment. Complaints under the Title VI regulations. however. may not be brought on the basis of sex or creed. Section 30 and this subpart
affords this right to complainants. thereby supplementing the Title VI regulations rather than conflicting with them. Similarly. lhis subpart does not connict with Title VII. but supplements
its coverage through the establishment of positive affirmative action requirements. These affumative action requirements are designed to strengthen Title VIL which operates largely in
response to complaints rather than as an affirma tive action tool. Further. the affirmative action requirements contained in this Subpart arc designed to avoid conflictwilh requirements
that may exist in ether programs related to . Title VII. i!1cluding those or the Department of Labor. irr•.,lcmer.ting Executive Order 11246. This subpart also makes possible 􀁴􀁨􀁾
imposition of grant-related sanctions for noncompliance With. or discrimination in. employment programs. not possible under Title VII or Executive Order 11246. The }"AA also believes
that secUon :;0 requirell Ihl: 􀁃􀀨􀀩􀁶􀁥􀁲􀁡􀁾􀁥 of 􀁥􀁭􀁰􀁬􀁯􀁹􀀻􀀭􀁾􀁮􀀧 not presently regula teel by other agencies. Employers wiihles5 than 1:i employc::;s. for t:xalT1ple. are
not subject to Title VII orthe Civil Rights Act and thE: 􀁲􀁾􀁧􀁵􀁬􀁡􀁴􀁩􀁯􀁮􀁳 of the Equal Emplv,Y'lllent Opportunity Commic;sion. While this subpart does not afford it private CAlise
of action to employees N applicants of covered employers to obtain the remediesR\'aiiable under Title VB. they do provide for sanclions agilin:;t recipients nnd other covcred organiziltions
for employment discrimination. As previously stiltrr!. however. this does not impair the 􀁲􀁩􀁳􀁨􀁬􀁾 of complainants 10 seek 􀁲􀁥􀁭􀁥􀁤􀁩􀁥􀁾 from other appropriate agencies or 10 bring
their complaints to the altention of Ihe FAA for referral. investiRa tion. or enforcement throllgh the application of sanctions provided in this subpart. That is. under section 30, the
FAA docs not have authority to make legally bincJ!r.e: orders with respect to promolion. back pay. reinstatement. and so forth. as the Equal Employment Opportunity Commission and the
CClurts m: v make under Tille VIL However. employel$ who arc found to have discriminntp.d in violation of section 30 IJre subject to sanctions. such as the !ermination of Federal funding.
As pnrt of the conciliation process (;lcgotiutions with a recipient 10 resolve a finding of discrimination or noncompliance before sanr-tions Arc imposed). a recipip.nt milY be required.
as a condition of a conciliation. to take action to make 􀁥􀁭􀁰􀁬􀁯􀁹􀁾􀁳 whole in appropriate cases. Further. many contraclors or tenants on airports. who provide services or supplies
to recipients and beneficiaries of Federal financial assistance and other' covered organitations. are not subject to ExI!Cutive Order 11240 and the regulations of the Department or Labor.
Similarly. some construction contractors arc not covered by Executive Order 11246. Where such employers benefit from the provision or Federal financial assistance to a grantee. or where
their employment practices impact upon the public which uses the facilities or participates in the programs or a recipient. the FAA believes it should extend the protection or sectio:1
30 10 the employees'and to the applicants (or 􀁾􀁭􀁰􀁬􀁯􀁹􀁭􀁲􀀮􀁮􀁴􀀮 As in the case of Title VII rI
10186 Federal Register I Vol. 45. No. 32 I Thursday. February 14, 1980 I Rules and Regulations remedies. sanctions available elsewhere. such as debarment of contractors under Executive
Order 11246. will not be duplicated. As with Title VII. this means thaI. under section 30, FAA does not have authority parallel 10 that of the Departmenl of Labor under Executive Order
11246 to make a legally Linding order debarring a contractor for employment·related reasons. Grantees or£' not precluded from taking contrac: sanclion:: llg::inst covered organi7.l'tions
thllt \'iolate tht>ir IIssurances. and. as plirt of thl: conc:iliatiol" pmcess, grantees may be required in appropriate cases to impose contract sanctiJns. as a condition of a conciliation
agreement. The employment requirements stated in Section 152.161 of the NPRM hClve been rep:aced by lhose included within Sections 152.407 through 152.411 of this final rule, The FAA
agrees with commenters. however. thllt record keeping and other Iluministralive burdens relAting to employmentlihould be minimized and thut the FAA should /lvoid duplicating the requiremenl9
of other agencies. This mailer is discussed further in a succeeding pilragrnph on "Affi rmil live Action Plans" nnd related requirements. lJ. Affirmatil'c Action Plans; Affirmative Ilct
ion Stcps; Nondiscrinlinot ion Ciauses To minimize pilperwork lIi1d o:her administrntive burde1:s. the FAA hilS revised the requirements on nondiscrimination clauses and affirmative
action plans it proposen in Sections 152.155 through 152.1G1 of the NPRM. The clauses have been replaced by simplified assurances in re\'ised Section 152.405. Section 152.407. ClS adopted.
requires affirmative plnns onl}' from (lj airport sponsors that employ 50 or more emplo)'ees in their a\'iation workforces and 􀁣􀁯􀁮􀁾􀁲􀁥􀁤 organizations which have 50 or more employees
loco. ted on the sponsors' airports: (2) planning agencies that employ 50 or more employees in their agencies for aviation purposes; and (3) the political entHies which administer grants
received to develop standards for airport development at general a\'iation airports. when those entities employ 50 or more employees in their aviation workforces. Where a covered entity
has prepared an affirmative action plan acceptable to another Federal agency. it will be deemed that it is in compliance with the requirements set forth in Section 152.409. An affirmative
liction plan prepared for a State or local authority will be acceptable only if the covered entity has certified that the plan meets the standards of Section 152.409. Covered organizations
which have less than 50 employees as specified. will be required to follow affirmative action steps and keep records relating to equal employment opportunity. under the circumstances
stated in Section 152.411. in lieu of preparing an affirmative action plan. If these organizations are subject to an affirmative action phn or steps rt:quired 􀁢􀁾􀀧 lll':other Fptjeral
agency or to a State or local plan or steps which nwet thr . ::qulrements of Se.:tion 152.411. they will not be required to keep a separate written account of their steps. They wlli
be expected to make these records available to the FAA. upon request. As a general rule. organizations • subject to review by a another Federal 6gency will not be reviewed by the FAA.
Howe... er. the FAA reserves the right to investigate any employment problems of .....hich it becomes aware. to refer them to the appropriate agency for aclioi1. or......hen it appears
tha t delay could Ir./ld to the expenditure of FederHl funds .....ithout compliance under the Airport Aid Program. to inilia te proceedings. As part of its ongoing program of monitoring
the ccmpliance of gr/lnlees and other covered organizations. the FAA will "spot check" to ensure that affirmative action plans which are requi;-ed by the regulalio1:s exist and meet
applicable standards. This "spot checking" process will be separate from the more detailed compliance reviews \.,.hich FAA or other compliance agencies underlake of the overall equal
employment policies and practices of the grantees and other covered organizations. Federally assisted construction contractors subject to the goals and timelables established in 41 crn
Part 60. regulations of the Department of Labor implementing Executive Order 11246. will not be required to prepare affirmative action plans or to participale in a program of steps beyond
those necessary to comply with 41 crn Part 60. or be subject 10 FAA review. Federallv assisted constructicn contractors. who are not subject to the goals and timetables established in
41 CFR Part 60(1 60(4). are required to participate in a program of affirmative action steps. as set forth in Section 152.411 of this subpart. Construction contractors who arc not subject
to 41 CFR Part 50. but who benefit from the Federal financial assistance provided to grantees or who participate in projects that are aviation related. as defined in Section·152.403.
also will not be required to prepare affirmative action plans. Instead. they will be required to take affirmative action sleps as set forlh in Seclion 152.411. Unlike Federat1y IIssistp.u
construction conlraclors. they will be subject 10 FAA review. C. Applicability Many of the comments expressed disagreemenl with Ihe proposal to make Ihe nondiscrimination clauses and
affir.native action plans set forth in propo!cd Sccticinlll52.155 and 1:" 􀀢􀁾􀀧􀁊 spplicable to certain lessees and sub!essees.Commenters contended 􀁴􀁾􀀺􀁬􀁴 section 􀁾􀁮 is applicable only 10 a::livities conducted with funds receiveG frorn 􀁧􀁾􀁡􀁮􀁴􀁳 made under Tille I of tt.-, Acl und thai lessees and sublessees
receive neither granls non n!ollies flowing from granls. The FAA concurs to the exlent thai nonaviation reialed lessees end sublessees which provide no servil."s 10 the airport or the
airport public are not related sufficiently 10 Ihe grant 􀁰􀁲􀁏􀁾􀁩􀁕􀁭 to warrant coverage. Lessees lind sublessees .....ho provide goods or services to the a irport or 10 ill' users
or who arc iwia lion rc\a ted. ho\\"ever. benefit from the developmenl mnde possible by Ihol'e gmnls. AcconJin!o(ly. the requirements set forth ii1 lhis finul rule are made applicable
to lessees and sublessees of this na lure .. Similarly. supply. service. and construction contractors whose Ar.tivities arc aviation related bUI whf) arc not pAid with Federalfunds.
bendil from the development milde possible by Federal grants. The requiremci1ts scI forth in this final rule are applicnble to these categories of organizations. In effect. all gran
lees under the Act and all organizations on airports which are "aviation-related activities" (including Federally-assisted construction contractors. olher construction contractors. supply
and service contractors. lessees. and licensees). as defined in Section 152.403. are subject to the requiremt:nts of this subpart. as specified. D. Monitoring and Enforcement Twenty-two
commenters expressed the view that all monitoring should be the function of the FAA. including that of contractors, subcontractors. lessees and sublessees. and other covered organizations.
Commenters felt that grantees are not equipped to perform this function and that relationships between the grantees and these other entities would be adversely affected if grantees were
required to monilor lhe equal employment opportunity performance of others. The FAA 􀁣􀁯􀁮􀁣􀁵􀁲􀁾 thut a monitoring role forJhe gmntee poses problems. TIle FAA therefore will assume
the full monitoring role and require grantees to sen'e merely as the
r we .... 􀀬􀁾 . ... ....; .... . .. :. .' . Federal Register I Vol. 45. No. 32 I Thursday. February 14. 1980 I Rules and Regulations 101-87 focal point for the coliection of data and
compliance informa tion. To minimize administrative Luruens. data and compliance reports have been reduced in number. Certain organizations have been exempted from reporting requirements;
and for still olhers. reporting requirements have been modified to fit the aize or status of the organizations in question. In brief. 􀁲􀁥􀁾􀀢􀁲􀁈􀁮􀁧 requirements will apply all follows.
1. Constructiron Controctors and Sl/bcontrocto,"S. Con: 􀁾􀁣􀁴􀁩􀁯􀁮 contractors and subcontractors. which arc subject to E.O. 11.246 and the regulations of the Department of Labor (DOL).
are not required \0 submit reports under this subpart. Instead. (he FAA ".-:11 seck an agreement with the DOL on compli,mce procedures and informatior. 5haring. in order to obtain 8
cr.;nprchen!;ivc picture of employment practices of Federal nnd FederallyIlssisted contrnctors on airports. Construction contractors and subcontractors. which are not subject to E.O.
11246 nnd the regulations of the . DOL. nnd which have contracts of $10.000 or more. are required to submit a compliance report on nn FAA form and o statistical report on a Form 257
or any superseding DOL form nt the end of the projllct. For projllcts exc:ceding SIX months. a midway compliance reporl also is required. 2. Covered OrsonizGtions with 15 or More Employees
(,Vcnconslr>xtion). Covered organizationa (nonconstruction). with 15 or more employees in the Qvial'')n workforce, are required to submit an annual compliance report on an FAA form and
an annual statistical report on an EEO-1 or any superseding Equal F.mployn:ent Opportunity Commission (EEOC) form. lVhere covered orgunizations already arc submitting the EEO-1 form
tl) another agency. a copy may be used for the FAA statistical submission. . 3. 􀁃􀁏􀁾􀀧􀁣􀁲􀁥􀁤 Organizations .....ith Less Than 15 Employees (Nonconstruction). Covered organizations
(nonconstruction). with less than 15 employees in the aviation workforce. nre not required to submit compliance reports. They are required. however. to rnuke availnble to the sponsor
an annual count and breakdown of their employment levels. Sponsors are required to aggregate these figures. including their own. if they have less than 15 employees. and to submit this
aggregate statistical report to the FAA on an EEQ-l form or any superseding form of the EEOC. . 4. Co.·ered Organizations Subjecl to Rel'iew or Compliance Repor18 by Other Agencies.
Cuvered organizations (nonconstruction). which are subject to review or compliance reports under the regulations of another agency. are not required to submit compliance reports to the
FAA. They are expected. however. to make the reports available to the FAA upon request during an . investigation of a complaint. In addition. these organizations are required to makp,
the annulli E£Q-l sldli£tical submisaion to the FII..A. In al• .::ases. covered organizations shall submit their reports to the sponsor. either directly or through tht:ir prime organizations.
if they are subcontractors. sublessees. or other suborganizations. The sponsor is required to transmit these reports to the FAA. in accordance with instructions to be supplied by the
FAA. f: Definitions Many persons submitted comments concerningthe definitions set forth in 􀁰􀁲􀁯􀁰􀁯􀁳􀁾􀁤 Section 152.153. Most of these commenters stated thal "concession" should
be defined. Thil term has been deleted from the final rule. To simplify identification of the organizations .....hich nre subject to the requirements of this subparl (in addition to
the grantees). the term "A'..iation related activity" has been used. "Aviation related activity" is defined as a commercilll enterprise opemted on the airport pursuant to an agreement
with the airport sponsor (or to a derivative agreement). which maintains on-airport employment and (i) is related primarily to the aeronautical activities takins place on the airport.
or (ii) provides goods or services to the public which is attracted to the airport by such aeronautical activities. or (iii) provides services or supplies to other aeronautical or public
service airport businesses or to the airport. Others suggested that the term "underutilization." used in proposed Section 15Z.161. should be defined to conform with the Department of
Labor's definition of that term. The FAA , concurs. but has included within the definition a simplified method to determine availability. G. Retroactivity The NPRM invited comments on
whether the proposed ntle should be made retroactively applicable to all grants made under Part 15Z between July 12. 1976. and the effective date of the rule. if adopted. Twenty-eight
commenlers opposed retroactive application on the grounds of questionable legality and undue burden on rp.cipients. contractors. and lessees. The FAA 'grees that the provisions of this
amendment should not be made retroactive and notes. in this connection. that the terms of the legislation do not impose retroactivity. Grantees and other covered organizations are required
to comply with this amendment as of its effective date. These include grantees made . subject to a clause in their grant. ag.eements established December 16. lSi6. requiring corr.pliance
􀁷􀁩􀁴􀁾...11)' regulations issued to irr.plemunt Section 30. if the Federal financial assistance was apIJroved on or after that date. H. Economic Impacl Twelve commenters questioned
the FAA's finding and determination that the proposed rule did not contain /I rr.ajor proposal requirin3 􀁰􀁲􀁥􀁾􀁡􀁲􀀼􀁬􀁾􀀺 Jr. of an Infiationary (Economic) Impact Statement. In view
of the approach taken in this amendment. significantly reducing the administrative requirements and eliminating the duplication pointed out by commcntcrs on the NPRM. the FAA does not
belic\'l! an Infiationnry Impact Statement is necessary for 􀁴􀁨􀁩􀁾 final rule. However. as required by the Secrelary's Procedures for Simplification. Analysis. and Review (Improving
Government Regula tions). published March a. 1978 (43 FR 9582). the FAA has prepared a Rc:gulat.ory Evaluation. calculating the resulting costs of the requirements on the private and
governmental seclors. The Regulatory Evaluation also details the benefits and impacts of this-final rule. A copy of the Regulatory Evaluiltion has been placed on file in the public docket
and is available for inspection. In regllrd to the requirements which will result through compliance with the Depart.'!lent of Transportation Minority Business Enterprise regulation
and incorporation by 􀁲􀁥􀁬􀁾􀁲􀁴􀀺...:e of the amendm.ent to 49 CFR Part 21. their innalionary impacts. if any. will be assessed by the Office of the Secretary in conjunction with the
NPRMs to be • published. I. Effecti.·e Date ofRecord-Keeping and Reporting Requirements As adopted by this amendment, the record-keeping and reporting requirements in §§ 152.407. 152.411(c)
(1) and (2).152.415. and 152.417(b) will become effective 30 days after notice has been published in the Federal Register thntthe requirements of those sections have been approved by
the Office of Management and Budget in accordance with the Federal Reports Act of1942.
• 10188 4 Federal Register I Vol. 45; No. 32 I Thursday, February 14. 1980 I Rules and: Regulations . Adoption of Amendment Accordingly. Part 152 of thc Fcdcrnl Aviation Rcgulations
is amcndcd. cffcctivc March 17. 􀀱􀀹􀀰􀀰􀁾 as follows: 1. By amending § 152.1 by rcvising tbc introductory paragraph. and by adding a ncw paragraph (el. to read as follows: § 152.1 Applicability.
This part applies to airport planning n'1r:l cl13vclopmcnt. and the dc\'clo;JlT.c!nl of stanc..: rd5 by statcs for au I·... rl dcvelopment QI gcr.crulaviation airports undcr t11,:, AiriJort.
an::l Airway Ucvclopmcnt Acl of 1970 (49 U.S.C. 1701 el seq. I. including Se·.tio;: 30 as added by thc Airport and Airway Devclopmcnt Act Amendments of 1976 (49 U.S.C. 1730). (c) Subpart
E prcsr.ri!Jes civil rights req;;iremcnls applicable Ie projects undcr this pmt. 2. Oy amending § 1:'2.7 by revising paragraph [aJ(1)(i). ilnd by 􀁲􀁥􀁶􀁩􀁳􀁩􀁮􀁾 'hc flush p;:rugrRph
immediillcly following parngiilph (a)[l )(iji). to rcnd ilS follo\\"s: 􀁾 152.7 Grant of funds: geoeral pol'cif's. (a)' • • (1)' • • [I) Any 􀁧􀁲􀁵􀁮􀁬􀁯􀀬􀁬􀀺􀁲􀀨􀀧􀀨􀁾􀁭􀁣􀁮􀁴 mede
under the FcclernJ Airport Acl [49 U.S.c. 1101 cl seq.) or the Airport Rnd Airwny Development Act of 1970. including seclion 30 as adJed hy thc Airport nnu Airway Dcvelojlment ACI l\mf:ndr.;f!nts
of 1Cl7G: Denial of a 􀁾􀁲􀁡􀁮􀁬 of funus. or other sanclions or remedies. for failure to comply with lhe assurances requircd under seclion 602 of the Civil Rights Acl of 1904 (42 U.S.c.
2000d-l). and § 21.iof the rcgulations of thc Orneeof the Sccretary of Tronsportation [49 CFR Part 21). is based upon a delermination under § 21.13 and other applicable provisions of
Part 21. Denial of a grant of funds and rcsort to other legally available remedies for failure to comply with the civil rights requirements of the Airport and Airway Devclopment Act
Amendmcnts of 197G. and Subpart E of this part. is based upon a dctermination of the applicLible provisions of this part and thc grant agrcemcnt. 3. By adding 0 new Subpart E E to rCRd
as follows: SUbpart E-Nondiscrlmination in Airport Aid Program § 152.401 Applicability. . (a) This subpart is applicable 10 all grantees nnd other covcrr.d organizations under this.
part. and implcments the requiremcnts of section 30 of the Airport :lnd Airway Dcvclopmcnt Act of 1970. which .' provides: . The Sccretary shall take affirmativc action toassurc thai
no person shall. on the grounds of race.crecd. color. -national origin. or sex. be excluded from' participating in any activity conducted with funns rt'ceived from any grant made under
this title. Thc Secretery 􀁳􀁨􀁡􀁬􀁾 r-' .nulgate such rule:! as he decms neccssary to carry ('lit the purposcs of this section and may enforcc this sec:iOil. and any rulcll promulgatcd
under this scetion. through agency and departmcnt provisions and rules which shall be similar to those established and in effcct under Title VI of the Ci\'il Rights Act of 1964. The
provisions of this section sha II be considered to be in addilion to and not in lieu of the provisions of Titlc VI of·thc Civil Rights Act of HIM. (ll) Each 􀁾􀁲􀀻􀁈􀀱􀁴􀁥􀁥􀀮 covcred
organizHtion. or covered 􀁳􀁬􀁊􀁬􀁬􀁯􀁲􀁾􀁡􀁮􀁩􀁺􀁡􀁴􀁩􀁯􀁮 under this part shull neRoliRtr. reformation of any contract. subcontruct. lcose. sublease. or othcr HRreementto include any
apprqprinle provision necessary to cffcct compliance . wilh this subpart by Jllly 17. 1980. 􀁾 152.403 Definitions. As u5cd in th:s subpurt"AADA" means the Airport and Airway Development
Act' of 1970. R5 a:-:1cnded (';9 U.S.c. 1701 el seq.). "AffirmAtive action plan" mea:1S Rset of sjJecific and rcsult-oriented procedures to which a sponsor. pla:m!ng agency. state. or
the a\'iation related activity on an airport commits itself to achieve equal employment opportur.ity. "Airport devclopmcnl" mcans-(l) Any work involvcd in constructing. impro...ing.
or rcpairing a public airport or portion thereof. including the removal. l0wering. relocation. and marking and lighting of airport hazards.. Find including navigation aids used by aircraft
landing at. or taking off from. a public airport. and including safety equipment required by rule or regulation for certification of the airport under section 612 of the Federal Aviaticn
Act of 1958. and security equipment required of the sponsor by the Secretary by rule or regulation for the safety and security of persons and property on the airport. and including snow
removal cquipment. and including thc purchasc of noise suppressing equipment. the construction of physical barriers. and landscaping for the purpose of diminishing the cffect of aircraft
noise on ar.y arca adjacent to a public airport: (2) Any acquisition of land or of any intercstthcrein. or of any casement through or other intercst in airspace. including land for futurc
E1irport de\·clopment. which is necessary to pcrmit any such work or 10 remove or mitigate or prevcnt or liinit the establishmcnt of. airport hazards: and (3) Any acquisition of land
or of any interest thcrein necessary to insure that such land is used only for purposcs wt:ich are are compatible with the nojsc le·.·cls o! the opcration of a puh':' airport. "Aviatioll
related activity" me"nr, El commf'rcial entcrpri1;e-(l) Wr,;sh is operated on the airport pursl.ant 1.0 an agreemcnt with the granlec l" airport operator or to a dcriva tive subagrcemcllt;
(2) Which cmploys pcrsons on the airport; and (3) Which-til Is rela:cd prim"'l ;iy 10 the aeronautical activities on thc airporl: (ii) Provides goods or sen'ices to the public which
is II lIracted to the airport bv aeronnutical activities: . (iii) Provides serviccs or suppllcs tn other aeronautic,1l .clRted or public 1;Civice airport businesses or 10 􀁬􀁨􀁬􀁾 nirporl:
or (iv) Performs construction work on lhe airport. . "Aviation workforcc" includes. with 􀁮􀁾􀁳􀁲􀁥􀁣􀁴 to 􀁧􀁲􀁾􀁮􀁴􀁲􀀮􀁥􀁳􀀮 ench person employed hy the grantcr. on nn nirporl or.
for an aviation purposl:. off lhe airport. "Covered organization" mellns a grantce. a subgrBntee. or un aviation rela ted activit .... "Covcrcd 􀁳􀁾􀁢􀁯􀁲􀁧􀁡􀁮􀁪􀁺􀁁􀁬􀁩􀁯􀁮􀀢 is n
subgranlee or sub-aviation rein ted activity. of a covcred organizi:ltior,. "Department" mcans the United States Dcpartmcnt of Transportation: "Grant" mcans Fedcral fin8ncial assistance
in the form of funds provided to a sponsor. plar.ning agcncy. or state undt. this t>art; "GriJntcc" meuns thc rccipient of n gran t. "Minority" means a pcrson who is(1) Black and riot
of Hispanic origin: a person having origins in any of the black racial groups of Africa: (2) Hispanic: a person of Mexican. Puerto Rican. Cuban. Ccntral or South American or other Spanish
culture or origin. regardless of race: (3) Asian or Pacific Islander: a person having origins in any or thc original pcoples of the Far East. Southcast Asia. the Indian subcontincnt.
or the Pacific Islands. including. but not limited 10 China. Japan. Korea. thc Philippinc Islands. and Samoa: or (4) Amcrican Indian or Alaskan Native: a person having origins in any
of the original pcoples of North Amcrica who maintains cultural identificotion
. .. .. . O'. . ,.' . ..O' .."'# , • • • • .'. Federal Register I Vol. 45, No. 32 I Thursday, February 14, 1980 I Rules and Regulations 10189 through tribal affiliation or community
recognition. "Planning agency" means any planning agency designated by the Sccret.lry which is authorized by the law" of the State or States (including the Commonwealth of Puerto Rico,
thc Virgin Islands. American 􀁓􀁡􀁾􀁯􀁡􀀮 the Trust Territory of the Pacific Islands. and Guam) or political subdivisions cOIIl.t.!rl"ed to engagc in are:lwide planning for the area
in which assistance under this part is to be used: "Secretary" means the Secretilrj' cf Transportation or an authorized represen ta tive of tht: Secretary within the Department of TransportRtion:
"SMSA" means Standard Metropolitan Statistical Area. "Sponsor" menns any public agency thn!. either individually or jointly with one or more other public agencies. submits to the Administrator.
in ncconJance·with this part. an nppliclltion for finnncialassistance. or that conducts a project for airport development or airport mnster plnnning. funded undl:r this part; "Underutili7.ntion"
me:Jns. having fewer 􀁭􀁩􀁮􀁯􀁲􀁩􀁴􀁩􀀨􀁾􀁳 or women in Ii . pnrliculnr job 􀁾􀁲􀁯􀁵􀁰 than would reasonable be cxpecll'!d from ·their . nvaiJahilitv in-(1) The 􀁓􀁾􀁦􀁓􀁁􀀺 or 􀀨􀁾􀀩
In Ihe absence of a ddined 􀁓􀁾􀀱􀁓􀁁􀀮 in the counties contiguous 10 the employer's lOCAtion. or the Iocntion where the work is to be performed. a·nd in the areas from which persons
mAy reasonably be expected 10 commute. 􀁾 􀁾􀀵􀀲􀀮􀀴􀀰􀁓 Assurances. The following assurances shall be included in each applica tion for finnncialllssistilnce under this pMt: (il) Assuranr:e.
The grantec 􀁡􀁳􀁳􀁵􀁾􀁥􀁳 that it will undertake iHi offirmntivc nction progrnm. os required by 14 CPR Purt 152. Subpnrt E, to ensure that no person shall. on the grounds of race. creed.
color. national origin. or sex. be excluded from participating in any employment. contracting. or leasing activities covered in 14 crn Part 152. Subpart E. The grantee assures that no
person shall be excluded. on these grounds, from participating :n or receiving the services or benefits ofany program or activity covered by this subpart. The grantee assures that it
will require that its covered organizations provide assurances to the grantee that they Gimihlrly will undertake affirma tive action programs and that they will require assurances from
their suborganizations. as required by 14 crn Part 152. Subpart F.. to the same effect. (b) Assurance. The grantee 􀁡􀁧􀁲􀁅􀀧􀀮􀁥􀁾 to comply with any affirmative action: plan or stepr,
for equal employment opportunity required by 14 ern Part 152. Subpart E. as part of the affirmative action program. and by any Federal, State, or local agency or courl, including those
resulting from a conciliation agreement. a consent decree, court order. or similar mechariism. The grantee '1grees that Stllte or locol affirmative actioll plans will be L:sed in lieu
0' , ·.Iy affirmative act:on plan or steps required by]4 crn Part 152. . Subpart Subpart E. only when they fully meet the sta:ldards sel forlh in 14 crn 152.40!l The grantee agrees to
obtain a similar assurance from its coverl!d organiza tions. and to cause them to require 8 similar assurance of their covered suborganizations. as required by 14 CFR Part 152. Subpart
F.. f 152.407 Affirmative action plan: general. (0) Except as provided in parngraph (b) of this section. each of the following shall havc an affirmative action plan that meets the requirements
of § 152.409 nnd is kept on file for review by the FAA Office of Civil Rights: (1) Ench sponsor who employs 50 or more employees in its aviation workforce. (2) Each planning Agency which
employs 50 or more employees in its agency for oviation purposes. (3) Each state politicill division. administering a grant under the AADA to dcvelop standards for airport development
al general aviation airporls. which employs 50 or more employees in it5 aviation workforce. (b) A grnntee is in compliance with paragrnph (a) of this section. if it is subject to. and
keeps on file fOrievie\\I by the FAA Office of Civil Rights. one of the following: (1) An affirmative aclion plun . acceptable to another Federal agency. (2) An affirmative action plan
for a State or local agency that the covered organization certifies meets the standards in § 152.409. (3) A conciliation agreement. consent decree. or court order which provides short
and long·range goals for equal employment opportunity similar to those which would be established in an affirmative action plan meeting the standards in § 152.409. (c) Each sponsor shall
require each aviation related activity (other than construction contractors) which employs 50 or more employees on the airport to prepare. and keep on file for review by 􀁾􀁨􀁥 FAA Office
of Civil Rights, an a ffirm a tive action plan developed in accordance with the standards in §152.409. unless the activity is subject to one of the mechanisms described in paragraphs
(b] (1) Ihrcug}. [3}of chis section. (d) Each sponsor s.holl require each aviation aviation related activity descrilJed in paragraph (c) of this section 10 similarly require each of
its covered suborganizations (other than construction contractors) which employs 50 or more empjoyE:es on the airport ro 􀁰􀁲􀁣􀁰􀁡􀁾􀁣􀀬 and to ker.p on file fOL : 􀀮􀀮􀀺􀁜􀀬􀀢􀀺􀁾􀁷
by the FAA Office of Civil R:ghts. all affirmative action plan developed iL. accorc:mce with the standards in § 152.409. l.nless the suborgnnization is subject to one of the mechanIsms
described in puroR.aphs lb] It) 􀁴􀁨􀁲􀁯􀁬􀁬􀁾􀁨 (3) of this section. 􀁾 152.409 Affirmative action pFan Itandards. (i!) Each arrirrniltive i1cticn plan required by this subpart shaH
be developed in accordnnce with. 􀁴􀁨􀁾 following: . (1) An analys:s of the employr:r's 1\Vinlion workforce which groups employees into the follow:ng i.of.} en tegnr;('s: (i) Officinls
lind mana£P.rS'. (ii) Professionals. [iii) Technicians.. [iv) Soles workers. . Iv) Office llnd clerical 􀁷􀁯􀁲􀁬􀀮􀁲􀀮􀁲􀁾. (vi) Craft workers (skilled). (vii) Oper a tives (semi·skilleJ).
(viii) Laborers (unskilled). (ix) Service workers. (2) A comparison separately made of the percent of minorities and wom.c;; in Ihe employer's present aviation workforce (in each of
the job cafq:orics listed in paragraph (a)[l) of 􀁉􀁨􀁩􀁾 secl:Crl) with the percent of minorities and women in each of thosc categoriC's in 􀁴􀁲􀀮􀁾 totlll workforce loea ted in the
􀁓􀁾􀀬􀁦􀁓􀀺􀁜􀀮 0:-.. in the absence of an SMSA. in the counties contiguous to the empFayer"s location or the location where the. work is to be performed and in the area5 frora which
persons may reasonably be expected to commute. This data Gn lhr. total workforce of the applicahle arc,! will be supplied to grantees by thc FA:\. Grantees shall make this data availa
bJc to the other organiza tions co..-ered b:;: this subpart. The comparison for minorities must be made only when minoritiE:s constitute at least 2 percent of the total workforce in
the geographien! area used for the comparison. (3) A comparison, for the aviation workforce. of the total total number of applicants and persons hired with the total number of minority
and female applicants, and minorities and 􀁦􀁥􀁭􀁡􀀡􀁐􀀮􀁾 hired. for the past year. Where. this data Is unavailable. the employer shall establish and maintain a system 10 provide the
data. and shall make the
10190 Fedoral ROlislor I Vol 45. No. 32 I Thursday. Februnry 14. 1980 I Rules and RcguJllllons 􀁣􀁾􀁭􀁰􀁬􀁬􀁲􀁩􀀮􀀨􀁊􀁴􀁬 120 day. nIter 􀁣􀀮􀁴􀁡􀁢􀁬􀁬􀁾􀁨􀁬􀁮􀀦 the dnta .)'stem. (4)
Where 􀁌􀁾􀁥 percentage of minorities Bnd wpmen in the emplo)'er'llIviation worUorce. in each job category. II lell than the minority and female percentage In any lob catcg\)l"J in the
workforce of the ceographical ares used. an Bnaly"il. bu3Ld on the compan.on required hy parngraph (a)(3) of this .ecti:m, cielermining whether any of the following exi"".lJ;: (i) Insurficicnt
flow of minority IIncJ femnte applicants. (ii) Disparate rejection of minority and female applicants. Tne Ff\ A ecnerally considers disparate rejection to exist whenever a selection
ra te for any race, sex, or ethnic group is leas lhan 80 percent of the rate for the mce, sex. or ethnic group with the highest sclection rate. . (b) Each affirmative action plan required
by this part shall be implemented through an action-oriented program with goals and timetables designcd to eliminate obstaclcs to equal opportunity for women and minorities in recruitment
and hiring. which shall includc. but nol be limited to: (1) Where dispara Ie rejection of minority nnd female applicant!! is indicated by the analysis required by paragraph (a)(4) of
this section, validation of those portions of the testing or selection procedures which cuuse the'disparity in accordance with the "Uniform Gu:dc lines on Emplo)'ee Selection" (43 FR
38200: August 25. 1970). wilhin 120 days of thc analysis. (2) Where tCllling or selection procedures cannol be valiJatcd, discontinuation of their usc. (3) Where Iln insufficient flow
of minurity and female applicants (less than the percentage available) is indicated by the analysis required by paragraph (8)(4) of this aection. good faith efforll to increase the flow
of minority and female applicants through thc following steps. as appropriate: (i) Development or reaffirmation of an equal opportunity policy and dissemination of that policy intemally
and and externally. (ii) Contact with minority and women'.. organizations, Ichools with predominant minority or female enrollments. and other recruitment sources fex minorities and women.
(iii) Encouragement of Slate lind local employment agenciel. unions. and other recroiting sources to ensure that , minorities and ...·omen have ample information on. end opportunity
to apply for. vacanciel and to participate in examinations. (iv) Participation in lpeelal employment program! such a. Cooperative EOucalion Program. with predominantly minority_and women'l
colleges. "After School" or Work Study program.. ond Swnmcr Employment. (v)ParticlpaUon in "lob Fair.." {vi) Parllcipation of minority and female employee.!n Career Days. Youth Mollvation
Programs. and counleling and related activitiel In the community. (vi!) 􀁅􀁮􀁣􀁯􀁵􀁲􀁡􀁾􀁥􀁭􀁥􀁮􀁴 of mlnorlly and fcmale employees to refer applicants. (viii) Mol;', ..;lion, training.
on" employment programs for minority and femllie herd-core unemployed.. § 152.411 Affirm.tlv••tlv••etlon tIt.pa. (a) Each grllntee which is not described in 1152.407(e) and Is not subject
to an affirmative action plan. reguhtory goals and timetables, or other mechanism'providing for short and longrange goals for equal employment 􀁯􀁰􀁾􀁯􀁲􀁬􀁵􀁮􀁩􀁬􀁹􀀮 shall make good
faith efforts to recruit and hire minorities and women for its aviation workforce as vac:ancies occur, by taking the affi rmaIive ,a ct ion steps in § 152.409(b)(3), as follows: (1)
If it has 15 or more employees in its aviation workforcr or employed for· aviation purposes. by taking the affirmative aclion steps in § 152.409(bIl3), as appropriate; Or (2) Ir it has
Icss than 15 employees in its ilviation workforce or emplo)'ed for a·,ialion purposes. by taking.the affirmative action steps in § 152.409(bJ[3) (i) and Iii). as nppropriate. Il.» Except
liS provided in paragraph (e) of this section. each sponsor shall require each of its aviation related ac:tivities on its airport, that is not subject to an affirmative action plan.
regulatory goals and timetables, or other mechanism which provides short and long·range goals for equal employment opportunity. 10 take affirmative action sleps lind cause them to similarly
require affirmative Bclion steps of their co\'eredsuborganizalions. BS follows: (1) Each aviation related activity or covered suborganization with len than 50 but more than 14 employeel.
must take lhe affirmali\'e action steps enumerated in I 152..409(b)(3). as appropriate. (2) F.ach Bviation reIstI'd activity or covered suborganization with less than 15 employees, must
take the afftrmative action Itep. enumerated in t 152..409(b)(3) (i) and (ii), as appropril'te. (c) Each .ponsor shaHrequire each construction contractor. that hos 8 contract of $10.000 or more on III alrpo'rt and that i. not J:lvjcct to an afftrmalive Rction plan. regulatory goall or timeta:"lel.
or other mechanism which provide••bort and long-r.ngc goals for equlIl employment opportunity. 􀁾􀁯 t('kc the following o(flJ"matlvc action .reps: (1) The contractor must e.tabli,h and
, malntnln a current 1111 of minority on·J Iemllle recrultmentlourcea; provide , wrilu:n nolineation to thele rQcrultment source. and to com'munity organizations when employment opportunities
ore a'JAllab!e: and maintain 0 record of each organl;" :ior", 􀁲􀁬􀀡􀀮􀁰􀁜􀀩􀁮􀁾􀁥􀀮 /7.) The controclor must maintain a current file of thE names. addreSBe!l, and telephone numbers
or each minority und femulc wlllk-in appilcant and (lac!) referral from 8 union. a recruilmc"t source. or community orJjanizatioD und the action taken with l'c.;pectto each Individual.
Where an individual is .ent to the union hiring hall for referral. but not rererred back to the cont."actor. or. ;f referred. not employed by lhe contractor. this shall be documented.
The documentation shall include an explanation of, and information on. any additional actions that the conlractur may have taken. (3) The,contractor must disseminutc its equal employment
opportunily policy internally-(i) By providing notice of the policy to unions and training programs: (ii) By including it in policy manuals and collective barguining 􀁡􀁧􀁲􀁥􀁥􀁭􀁥􀁮􀁴􀁾􀀺
(iii) By publicizing it in the compuny newspaper, report. or other publiculion: and(iv) Dy specific review of the policy with all management personnel and with all employees at least
once a year, (4) The contractor must disseminiltc ille contractors's equal employment opportunity policy externally-(i) Dy stuling it in each employment adverti3ement in the news media.
including news media with high minority and female readefllhip: and fiI} By providing written notification to, or participating in discussions with, other contractors end subcontractors
with whom the contractor does businesl. (5) The contractor must direcl its recruitment efforls to minority and remale organizations. to scbools with minority and female Itudents.and
to organizations which recruit and train minoritiel Bnd women, in the contrllctor's recruitment area. (6) The contractor must encourllge present minority and remll.le employees to recruit
other minorities and women. (7) The contractor must. wht:re possible. provide after Ichool. summer. and vocation employmenl to minority and female youth. Cd} Each Iponsor &hall require
each of its prime construction contractors on its airport. with 8 contract of $10.000 or I
Fcdcrnl Registor I Vol. 45, No. 32 I Thursday, Fcbrunry 14, 1980 I Rules nnd Rcgulnlions 10191 more. to require each of the contrnctor's 􀁾􀁵􀁢􀁣􀁯􀁮􀁴􀁲􀁡􀁣􀁴􀁯􀁲􀁳on the airport to
cumply with the affirmative Rction steps In parngraph {c} of this section. with which it docs not alrendy comply. unless the subcontractor Is subject to nn affirmative action plnn. regulatory
gonls . or timetHblcs. or other mechnnism which pro\'ides short nnd 􀁉􀁣􀁮􀁾􀀭􀁲􀁡􀁮􀁧􀁥 gonls for cqunl employment opportunity, or the sliiJ':'''\1troct is less thnn $10.000. § 152.413
Netic'" 􀁲􀁥􀁱􀁵􀁬􀁲􀁥􀁭􀁾􀁮􀁴􀀮 Eoch grantee shllil 6ive ndequote notice to employees nnd applicants for employment. 􀁴􀁨􀁲􀁯􀁵􀀡􀁊􀁾 pOl>ters provided by the Secretary, that the FAA
is committed to the requirements of section 30 of the AAD.'\, to ensure thot no person shnli, on the grounds of rAce. creed. color. na tionol o:-igin. or sex. be excluded from porticipating
in ony oclivity conducted with funds nuthorized under this porI. 􀁾 152.415 􀁒􀁾􀁣􀁯􀁲􀁤􀁤􀀤 and reports. (n) Each grnntee shall keep on file for a 􀁾􀁥􀁲􀁩􀁯􀁤 of three years or for
the period durIng which the Federol finnnciil! nssistonce is made avnilable......hichever is longer. reports (oth.:!r than those trar.smillcd to the FAA). records. and nffirmative oclion
plans. if applicable. that will enable the FAA Office of Civil RighlS to ascertnin if there hns been nnd is complinnce with this subpnrt. (b] Ench sponsor shall require its covered organizntions
to keep on file. for the period set forth in Jjnragraph (a) of this section. reports (other thnn those submilted to the FAA). records. and nffirmative nction pions. if applicnble, that
will enable the FAA Office of Civil Rights 10 ascertilin jf there has been and is compliance with this subpn:t. and shilll cause them to require their covCfed suborgonizations to keep
similar records os npplicable. (c) Each grantee. employing 15 or more person. shall annually submit 10 the FAA a compliance report on a form provided by the FAA and a statistical report
on 1I Form EEG-1 of the Equal Employment Opportunity Commission (EEOC) or nny superseding EEOC form. If a grantee already is submitting n Form EEO-1 to another agency. the grantee may
submit a copy of that form to the FAA as its statistical reporl. The information provided shall inClude gools and limetables. if established in compliance with the requirements of §
152.409 or with the requirements of another Federal agency or a State or local agency. (d) Each sponsor shall-(1) Require each of its aVlation-related activities (except construction
contraclors), employing 15 or more persons, to nnnually submit to the sponsor the reports requIred by pnrngraph (c) of this secllon, on the slime bnsis as stated In pnrnHraph (c). and
shnll cnuse ench l1vintion·relnled activitly to rcquire Its covcred suborgnnizntlons. with 15 or more employees, to annually lIubmitthe reports required by pnrargruph (c) of this section
through the prime organ;".. lion to the sponsor, fer tronsmittnl by the sponsor 10 the FAA. (2) Annually collect from Its aviation relr.ted ncti"iiies employing less than ;5 employees.
and transmit to the FAA an aggregate employment report, that includes the employment of sponsors with less than 15 employees. on an EEO-1 or any superseding EEOC form. (c) Each sponsor
shall require each of its construction con tractors on its airport. with a contract of $10.000 or more, which is not subject to E.O. 11246 and the regulations of the Department or La
bor (DOL). to submit to the sponsor. ntthe conclusion of the project, a compliance report on a form provided by the FAA and a statistical rp.port on n DOL Form 257 or any supersedinll
DOL form. For projects exceeding six months. the sponsor shall require a midway· compliance report. The sponsor shall submit these reports to the FAA. (f) Eac.h sponsor shnll cause each
of its construction contractors on its airport to require each of the contrnctor's subcontractors, wilh B subcontrnct of $10.000 or more. which nrc not svbject to E.O. 11246 and the
regulations regulations of the 001.. to submit the reports required by pcrngraph (e) of this 􀁳􀁥􀁾􀁾􀁩􀁯􀁮 to the prime contractor for subr:lission to the spor,sor. The sponsor shall
transmit these reporls to the FAA. (g) Each organization required to prepare an nffirmative action plan for the FAA under this subpart shall update it nnnually and as changed circumstances
require. Each organization that has prepared a plan in compliance with the requirements of another Federal agency or n State or local agency, shall update il in accordance with the requirements
of that agency. 1152,417 Monitoring employmenl (a) Each grantee shall allow the FAA Office of Civil Rights to monitor its equal employment opportunity compliance with this subpart through
on-site reviews and desk lIudits. Reviews or audits will Include the records submitted under § 152.415. (b) As i! dp.ems necessary, the FAA Office of Ci ....il Rights will conduct onsite
or desk audits of covered aviation related activities on airports. 1152.4151 MinorIty bUllnu:bUllnu:o. Elich person subject to this subpnrl i!l required to comply with the Minorily Business
En!erpri6e 􀁒􀁥􀁧􀁵􀁬􀁬􀁬􀁴􀁩􀁯􀁮􀁾 of the Department. 1152.421 Public accommodatlonl, .ervlcol, and benetltl. Requirements relating to Ihe prov;foinn of rubiit; bccommodations. sr.r::··r.·.
itnrJ other benl'fits to beneficiaries untler Title VI oi lile Civil Rights Acl of 1r:::·j (42 U.S C. zoood ct seq.) and Pnrt 21 of the regulu tions of the Office of lhe Secretary of
Transportlltion ;.Hi CFR Part 21) implemenlinj( Title VI :tre mill]'! applicllble. where uppropriate. to nondiscrimination and nffirmative Dclilln on the basis of sex or creed. ilnd
shall be complied with uy eat:h applicnnt for assistance and ench grontee. § 152.423 Investigation and 􀁾􀁮􀀧􀁯􀁲􀁣􀁥􀁭􀁥􀁮􀁴􀀮 [aJ Complaints. An}! person who belie\'es tho t he or
she has hen subjected to discrimination prohibil.!d by this subport may personlll!y. or . through a representative. file iI complaint with the Director of the Deportmenlal Office (If
Civil Rights ..\ complaint must be in writing and 􀁦􀁩􀁬􀁴􀁾􀁤 not later than lBO days after the 􀁤􀁩􀁬􀀺􀀧􀁾 (If the Alleged discrimin-a lion. unless I 􀁾􀀮􀀧􀀺 time for filing is eXlended
by the Director. (b) Im'cstJRalions and informal resolutions. The DepartmentiJl Office of Civil Rights will milke a prompt investiga tion whenever II complain I. compliance review. report.
or nny 􀀨􀁊􀀻􀁨􀁾􀁲 information indicates a possible faiiure to comply with this subpart. The procedures in 49 CFR ParI 21, lIugmented as appropriate by the investigative procedures
of Pilrl13 of t:,is chapter, will be followed. except thut-. (1) Complislnce wilh n regulation of the Department npplicable to minoritv business enterprise will be investigil 􀁦􀁾􀀡􀁤
and enforced through the procedures contained in that regulation: nnd (2) Except ns provided in parngraph (c) of this section, allega tiOllS of noncompliance with regulotions governing
equal employment opportunity of another Federal agency or a State or local agency. will be referred. for investigation and enforcement. to the Federnl agency or. in the discretion of
the Uepartmenlnl Office of Civil Rights, to the State or local agency. (c) When the FAA (under section 30 of . the AADAJ and another Federal ager.cy. a referral agency recognized by
the Equal Employment Opportunity
Federal Register I Vol. 45, No. 32 I Thursday, Februnry 14, 1980 I Rules nnd Regulnlions 10191 more. to require ench of the contractor's j;ubcontrnctors on the airport to cumply \Yilh
the affirmntive action steps In pnrngrnph Ic) of this section. with which it docs not nlready comply. unless the subcontractor Is subject to an affirmative action plnn. regulatory goals
l)r timetHblcs. or other mechanism which provides short and Icng-range goals for equal employment opportunity. or the sliL.:."ntract is less thnn $10.000. § 152.413 Nc:Ur,. 􀁲􀁥􀁱􀁵􀁬􀁲􀁥􀁭􀁾􀁮􀁬􀀮
Each grantee shHIl 6ivl! adequate notice to employees and applicants for employment. through 􀁰􀁯􀁾􀁴􀁥􀁲􀁳 provided by the Secretary. that the FAA is commilled to the requirements of
section 30 of the AAD.\. to ensure ina t no person shali. on the grounds ohace. creed. color. national origin. or sex. be excluded from participating in any aClivity conducted with funds
authorized under this part. 􀁾 152.415 􀁒􀁾􀁣􀁯􀁲􀁤􀁳 and reports. (a) Each grantee grantee shall keep on file for a period of three yeilrs or for the period durIng which the Federal
finilncial assistance is made avuilnble......hichevcr is longer. reports (oth<?r than those transmitted. to the FAA). records. and uffirmative action plans. if applicable. that will
enilble the FAA Office of Civil Rights to ascertain if there hilS been and is complinnce with this subpart. (b) Each sponsor shall require its covered orgnniza tions to keep on file.
for the period set forth in 􀁾􀁡􀁲􀁡􀁧􀁲􀁡􀁰􀁨 (a) of this section. reports (other thnn those submitted to the FAA). records. nnd nffirmative action plans. if applicnble. that will enable
the FAA Office of Civil Righ ts to ascertn in if there has been and is compliance with this subpnrt. und shall cnllse them 10 require thcir covered suborganizntions to keep sirnilnr
records ns appJica ble. Ic) Each gran lee. employing 15 or more person. shall annually submit to the FAA a compliance report on a form provided by the FAA and a statistical report on
a Form EED-l of the Equal Employment Opportunity Commission (EEOC) or any superseding EEOC form. If a grantee already is submitting a Form EEO-l to another agency. the grantee may submit
a copy of that form to the FAA as its statistical report. The information provided shall inClude goals and timetables. if established in compliance with the requirements of § 152.409
or with the requirements of another Federal agency or a Stale or local agency. (d) Each sponsor shall-(1) Require each of its aviation-related activities (except construction contractors).
employing 15 or more persons. to annunlly submit to the sponsor the reports required by pnrngrnph (c) of this secUon, on the slime basis 8S stated In paragrnph (c). nnd shall cause ench
aviation-related activilly to require Ill! covered 8uborganiznllons. with 15 or more employees. to annunlly submit the reports required by parargruph (c) of this section through the
prime organi7 /.!ion to the sponsor. for transmittal by the sponsor 10 the FAA. (2) Annunlly collect from Its aviation relr.ted acti .. iiies employing less thnn 15 employees. and transmit
to the FAA nn aggregnte employment report. that includes the employment of sponsors with less than 15 employees. on an EEO-l or any superseding EEOC form. (e) Each sponsor shall require
each of its construction contractors on ils nirport. with a contract of $10.000 or more. which is not subject to E.O. 11246 and the regulations of the Department of Labor (DOL). to submit
to the sponsor. a t the concl 􀁵􀁳􀁩􀁾􀁮 of the project, a compliance report on a form provided by the FAA and a sta tistical 􀁲􀁬􀁾􀁰􀁯􀁲􀁴 on a DOL Form 257 or Bny superseding DOL
form. For projects exceeding six months. the sponsor sha 11 require a midway compliance report. The sponsor sllnll submit these reports to the FAA. (f) Eac.h sponsor shall cause each
of its construction contractors on its airport to require each of the contractor's subcontractors. wilh a subcontract of $10.000 or more. which arc not sl'bject to E.O. 11246 and the
regula tions of the 􀁄􀁏􀁉􀁾 to submit the reports required by pcragraph (e) of this se.clion to the prime contractor for submission to the sponsor. The sponsor shall transmit these
reports to the FAA. [g) Each organization required to prepare an affirmative action plan for the FAA under this subpart shall update it annually and as changed circumstances require.
Each organization that has prepared a plan in compliance with the requirements of another Federal agency or a State or local agency. shall update it in accordance with the requirements
of that agency. § 152.417 Monitoring employment (a) Each grantee shall allow the FAA Office of Civil Rights to monitor its equal employment opportunity compliance with this subpart through
on-site reviews and desk audits. Reviews or audits wiIJ Include the records submitted under 1152.415. (b) As il dp.ems necessary. the FAA Office of Civil Rights will conduct emsite o.
desk audits of covered avia lion related activities on airports. § 152,4151 Minority buslnlll:i. Elich person subject to this subpnrt is rllquired to comply with the Minority Business
Enterpri6e 􀁒􀁥􀁧􀁵􀁬􀁡􀁴􀁩􀀨􀀩􀁮􀁾 of the Department. § 152.421 Public accommodations. aervicol. and beneflli. . Requirements relating to the proviFoinn of puhiio:: bccommodalions.
ser:h-:". and other bem'fits to bendiciaries unoer Title VI oi tile Civil Rights Act of 18::·j (42 U.S C. Zoooil cl seq.) and Pnrt 21 of the regulations of the Of/icc vf 􀁴􀁨􀁾 Secretnry
of Transporlation ;-19 cm Part 21) implementlnll Tille VI arc mild,! applicable. where uppropriatc. 10 nondiscrimination and affirmati ....e action on the basis of sex or c:reeu. ;i1l.]
shall be complied wilhuy each applicant for assistance and ench grantee. § 152.423 Investigation and enforcement. (a) Complaints. Any person who believes tha t he or she has been subjccted
to discrimination 􀁰􀁲􀀨􀁩􀁨􀁩􀁢􀁩􀀺􀀮􀁾􀀨􀀱 by this subpart mllY personally. or ' through a representa tive. file a complaint with the Director of the Departmenlnl Office of Civil 􀁒􀁪􀁧􀁨􀀺􀁾
.:\ complaint must be in writing and fii,:d not later than 160 davs after the da:.: llf the RlIeged discrimin"ntion. unless I r.·; time for filing is extended by the Director. (b) Im'cstit:ations
and informal resolutions. The Departmental Office· d Civil Rights will make a prompt investigation whenever n complaint. compliance review. report. or any 􀁯􀀻􀁨􀁾􀁲 information indicates
a possible failure to comply with this subpart. The procedures in 49 CFR Pari 21. augmented as appropriClte by the investigative procedures of l'i1rtI3 of elis chapter. will be followed.
except that-(1) Complislnce with a regulation of the Department applicable to minoritv busifH!sS enterprise will be invcstiga 􀁬􀁾􀀺􀁤 and enforced through the procedures contained in
that regulation: and (2) Except as provided in paragraph (c) of this section. allegations of noncompliance with regulations governing equal employment opportunity of another Federal
agency or a State or local agency. will be referred. for investigation and enforcement. to thl! Federal agency or. in the discretion of the Uepartmentill Office of Civil Rights. to the
State or local agency. (c) When the FAA (under section 30 of . the AADA) and another Federal ager,cy. a referral agency recognized by the Equal Employment Opportunity I
luued In Wubinlto..'D.c.. on February 7• 1980. "":" Lanlbom.lIond. AJrn;nn,tmlor•. (FR Doc. 110-4513 PIled 􀀱􀀭􀀱􀁓􀀢􀀬􀁾 " .. 8ml 􀁾􀁎􀁑 􀁾 ,,'o-tJ-M Commission. or a court hilVe concurrent
. Jurisdiction OTer e mailer--(1) If the other agency or court makes , a finding on the record that noncompliance or discrimlnlltlon hilS 'occurred. the FAA wllleccepitha , ",' finding.
and determine what .ancUona or remedies are appropriate under' section 30 as a resuli of the finding, ailer permitting lhe party against 􀁷􀁾􀁯􀁭 the fj;.cUnS was made I') be hellrd
on the deteminAtion of the sancHons Or rcmedi&s; or (2) II it ap;>ellrs that delay. through referral to 􀁡􀁮􀁯􀁾􀁨􀁥􀁲 agency, will rCllult in the continued expenditure of Federal funds
under this part without compliance with thill subpart. the Secretary may-(i] InTesUgate the mailer; Iii) Make a determination as to compliance with scction 30; and (iii) Impose appropriate
sanctions and remedies. (d] Nothing in this sectio;"l shall preclude the Director of the the Departmental Office of Civil Rights from initialing an investigation when it 􀁂􀁾􀁰􀁥􀁡􀁲􀁳
that the investigation of the complaint may reveal a paltern or practice of discrimination or noncompliance with the requirements of this subpart in the employment practices of a grantee
or other co\'ered organization. ! 152.425 Etre<:t of subpart Nothing contained in this subpilrt diminishes or supersedes the oblignlions imposed by Title VI of the Civil Rights Act of
1964 (42 U.S.C. 2000d]. Executive . Order 11246 (42 U.S.C. 2000c (Mtell. or any other Federal law or Executive Order relating to civil rights. 4. Compliance with §§ 152.407. 152.411(c)
(1) and (2).152.415, and 152.417(b) is not required until 30 days after a notice of approval of the requirements of those paragraphs by the Office of Management and Budget is published
in the Federal Register. .Note.-The FAA has delennlned thallhis document involves 8 proposed regulation which II significant under Executive Order ,12044 aslmplemcn1ed byDOT Regulatory
Policies and Procedures {44 FR 1103-1: February 28. 2979}. A copy of the fina' regulatory evaluation prepared for thia lIclion Is contained 111 the regulatory docket A cop)' oC 1\ maT
be obtained by conlaclil18 the pel'lon Identified above under the caption . . "FOR FURn-iER L"iFOR.\!AnON .. CONTACI':"• .. .. . '.• (Sec. 30 of the Airport andAlrway . .Development
Act 011970 {49 US.c. 1730): . I i.47{f){2} oC!he Reg'o.llatJoDi. of the Office or the Secretary oCTnmlpomtloD (49 ern U7(f)(1JJ) " " • ' "' .J .·0, ••􀀺􀁾􀀬􀀺􀀮􀀺 "--:":' -.;.... , ....
, .. 0.... 􀀢􀁾􀂷􀁾􀀧􀀭􀀢􀁉􀀺 ", : .• \0 I."" ·,OW .' 0'
􀀺􀀺􀀻􀁾􀀭􀁲􀀻􀁾􀁾􀁾􀀻􀀮􀀺􀁴􀀺􀀮􀁾􀀻􀁚􀀮􀀺􀀺􀀻􀀮􀁾􀁬􀀧􀁾􀁾􀁾􀁾􀀧􀁾􀁾􀁾􀁚􀁔􀁚􀀺􀀺􀀳 --_..􀁟􀀭􀀭􀀭􀁾􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭􀀭 CLYDE JOHNSON, C.P.M. DBE LIAISON November 5,1998 FINANCE
DEPARTMENT /PURCHASING DIVISION (214) 450-7091' Facsimile (214) 386-0938 New FacsimiJe (972) 450-7096 . 5350 Belt Line Road Post Office Box 144 Addison, Texas 75001 Phone (972) 450-7090
Federal Aviation Administration Southwest Region Civil Rights Officer -ASW9 2601 Meacham Blvd. Fort Worth, Texas 76137 Attention: Ms. Rosetta Robinson Enclosed is our 4630 report and
report ofcertified DBE contractors used for the fiscal year ending 9-30-98. I appreciate your allowing me an extra week to submit this information. Please call me ifyou have any questions.
Sincerely yours, 􀁣􀁾􀁾􀁭􀁩􀁬􀁥􀀬817-222-5947, this date. Enclosures: Form 4630, Report ofCertified DBE Contractors.Used Copy: John Baumgartner, Town of Addison (letter only) Jim Pierce,
Town of Addison (complete copy) Leslie Sagar, URS (complete copy) P:'C10IlNSONlWORDPR.OC\AIRl'OR1\463OlRANSMrr 11!/8.1lOC
REPORT OF DBE GOAL ACCOMPLISHMENTS 1. 2. 3. 4. 6. Name of Sponsor Town of Addison, Texas Name of Airport Addison Airport Name of Preparer Clyde Johnson Telephone No. (972) 450-7090 Goal
Period: From 10/1/97 To 9/30/98 5. Approved Overall DBE Goal 15 % AIP Project No. (s) TxDOT No.9842 ADDSN Total Total Total Total 7. 8. 9. 10. 11. Prime Contracts Awarded to all Contractors
. . . . . . . Prime Contracts Awarded to DBE's .... Subcontracts Awarded to DBE's by non-dbe Prime Contractors Prime and Subcontracts Awarded to DBE's (sum of Items 8. and 9.) . . .
. . • . . . . . . 10 (b) Divided by 7 (b) 12 % = Actual DBE Participation (a) Number (b) Value 2 2,000,770 0 0 7 233,262 7 233,262 25,907 145,762 233,262 25,907 145,762 7 205,735 Work:
Number $ Value Total DBE Women Total DBE 3 --38,373 39,993 1 36,303 36,303 2 2,070 3,690 4 167,362 193,269 1 21,600 21,600 Women (a) Professional/Consultant Services ---2(1) Engineering.
(2) Architectural (3) Consultants __-=1 __ (4) Testing. . . . (5) Other. . . . _....;1:--_ (b) Construction . . . . . . . . . . __􀁾􀀳 __ (1) Grading/Drainage __-=1 __ (2) Paving . .
. . . . . (3) Structures/Buildings (4) Landscaping (5) Electrical (6) Trucking __-=2...,....-,-=2 __ (7) Painting (8) Fencing. (9) Other. . 0 1 (c) Supplies. . ----"-----_ (1) Electrical
(2) Other. . (d) Equipment (1) Leasing. (2) Purchase Total 5 12. DBE Prime and Subcontract Awards by Type of 51 1 13. DBE Prime and Subcontract Awards by Disadvantaged Group: Number
Black Americans... Hispanic Americans Native Americans . . Asian-Indian Americans . Asian-Pacific Americans Women (that are not included above) . Other Disadvantaged . . . . . . . .
Total DBE . . . . . . . . . . . . . . . . . . . . . .__􀁾􀀷􀁾􀁟 $ Value 1,620 25,907 205,735 233,262 U.S.DOT/OST/OSDBU, S-42 400 Seventh Street, S.W. Washington, DC 20590 and The Public
reporting burden for this collection of information is estimated to average one hour per response. If you wish to comment on the accuracy of the estimate or make suggestions for reducing
this burden, please direct your comments to OMB and the.DOT at the following addresses: Office of Management and Budget Paperwork Reduction Project 􀀨􀀲􀀱􀀰􀁾􀀵􀀱􀀰 Washington, DC 20503
DOTF4630
Report of Certified DBE Contractors Used on FAA assisted Contracts Name of Airport: 􀁾􀁁􀁾􀁤􀁤􀀺􀀺􀀺􀀮􀁬􀁩􀀮􀀺􀀺􀀺􀀮􀀺􀁳􀁯􀀺􀀺􀀺􀀮􀀺􀀮􀁮􀁾􀁁􀀧􀁟􀁬􀀮􀀺􀁩􀀺􀀮􀁵􀀺􀁲􀁰􀀺􀀺􀀮􀀺􀁯􀁾􀁲􀁴􀀺􀀮􀀮􀀮􀀮􀀮􀁟_
Airport Sponsor: ---...;T:..;:o"""w"""'n:..;:o:.:..f..:..;A=d=di=so=n..:.......-_ City/State: .:..:A=dd=i=so=n..:.L.....:.T.=ex=a=s:.....-_ Preparer: C;:.:.Llyd:;e:::..:.:Jo:::.:,h.:.:,.n:.:s=on:..:.
...-_ Telephone Number: 972-450-7090 Date Prepared: 􀁟􀀮􀀮􀀮􀀮􀀺􀀮􀀮􀀱􀁾􀀱􀀯􀀮􀀮􀀮􀀮􀀺􀀮􀀴􀀯􀁾􀀹􀀽􀀸􀁟List below information about certified DBE's that performed work on FAA assisted.
contracts during this Fiscal Year. If no DBE firms participated on FAA assisted contracts, write "None" below. Name of DBE firm: Wise Contractors-Consultants. Inc. Address: Rt. 1 Box
562 City Oakwood State _T....X.. ..:....--_ Zip 75855 Telephone: (903) 389-7404 Fax: (903) 389-7404 Type of Work: Full-time Resident Project Representation (RPR) Services Dollar AmoL!nt
of Work: 􀁾􀀤􀁾􀀴􀀽􀀰􀁊􀀮􀀺􀀮􀀳􀀺􀀮􀀺􀀺􀀳􀀮􀀮􀀺􀀮􀀮􀀮􀀷􀀺􀀮􀀺􀀺􀀺􀀺􀀮􀀰􀀽􀀰 _ AlP Grant Number: TxDOT No. 9842 ADDSN DBE Type: WBE Certified by TxDOT #_0:..;:3:..;:;;8..::;.:82=--Expires
12/30/98 Name of DBE firm: Gorrondona & Associates. Inc. Address: 6737 Brentwood Stair. Suite 224 City FortWorth State TX Zip 76112 Telephone: (817) 496-1424 Fax: (817) 496-1768 Type
ofWork: ...S..:..;:u:.:..rv.:..;:e"""'y..:.:..in=g:.....-_ Dollar Amount of Work: ...;:z$:....:.1=80=..;0::.:..=00=---------------AlP Grant Number: TxDOT No. 9842 ADDSN DBE Type: MBE
Certified by NCTRCA # HMSD2784N0299 Expires 2/99 Name of DBE firm: Address: Lawton Reprographics 14109 Inwood Road #100 City Dallas State TX . Zip 75244 DBE Type: WBE Expires 4/99 Telephone:
(972) 980-2957 Fax: (972) 458-9010 Type of Work: Reprographic Services (Bluelines. Etc.) Dollar Amount of Work: 􀀮􀀮􀀮􀀺􀁉􀀤􀁾􀀲􀀽􀀲􀀹􀀽􀀹􀀽􀀮􀀽􀀶􀀶􀀽􀀭􀀭 _ AlP Grant Number: TxDOT No.
9842 ADDSN Certified by NCTRCA #WFSD6303Y0499
Report of Certified DBE Contractors Used on FAA assisted Contracts Name of Airport: ...:..A..:.::d=d=is=o:..:,.n.:....;A::.:..ir=po=rt-=---_ Airport Sponsor: ...:..T=ow.:.:,.n:...:....=of.:..,:A....:
;d=d=is=o""""n _ City/State: 􀀮􀀮􀀮􀀮􀀺􀀮􀁁􀁾􀁤􀁾􀁤􀁾􀁩􀁳􀁾􀁯􀁾􀁮􀀮􀀧􀀭􀁔􀁾􀁥􀁾􀁸􀁾􀁡􀁾􀁳 _ Preparer: 􀀭􀀭􀀭􀀭􀀺􀀺􀁃􀀺􀀺􀀮􀀺􀀮􀀮􀁬􀁹􀁾􀁤􀀽􀁥􀀮􀀮􀀮􀀮􀀺􀀽􀁊􀀽􀁯􀁾􀁨􀁮􀁷􀀮􀀺􀁳􀀽􀁯􀀺􀀮􀀺􀀮􀀮􀀺􀀮􀁮
_ Telephone Number: 972-450-7090 Date Prepared: 11/4/98 List below information about certified DBE's that performed work on FAA assisted contracts during this Fiscal Year. If no DBE
firms participated on FAA assisted contracts, write "None" below. Name of DBE firm: Address: Brenda Price Trucking 805 Nation Drive City 􀀮􀀮􀀮􀀮􀀮􀀮􀀺􀁁􀁺􀁾􀁬􀁥􀀽􀀭􀁟􀁟􀁟􀁟State TX
Zip 75050 Telephone: 817-444-0836 Fax: 817-444-2639 Type of Work: _...:..T..:..::ru=c:.:.:.ki:.:..:n..;:a.g _ .Dollar Amount of Work: 􀀭􀀭􀀭􀀭􀀽􀀤􀁬􀀺􀀮􀀭􀀧􀀱􀁾􀀱􀀮􀀮􀀮􀀮􀀺􀀮􀀴􀀽􀀧􀀲􀀺􀀮􀀺􀀮􀀮􀀷􀀮􀀮�
�􀀺􀀮􀀮􀀴 _ AlP Grant Number: TxDOT No. 9842 ADDSN DBE Type: WBE Certified by NCTRCA # WFSD2428Y0199 Expires 1/99 Name of DBE firm: Address: Terra Marr 11050 Ables Lane City Dallas State
Tx Zip 75229 Telephone: 972-488-8800 Fax: 972-488-8080 Type of Work: 􀁟􀀭􀀽􀁑􀀽􀁵􀀽􀁡􀀽􀁬􀁩􀁴􀁯􀁌􀀮􀁹􀀭􀀽􀁃􀀽􀁯􀁾􀁮􀁴􀀺􀀮􀀺􀀮􀀮􀀺􀁲􀁯􀀽􀁉 _ Dollar Amount of Work: ---:$......:.28=..:...78=6::....-_
AlP Grant Number: TxDOT No. 9842 ADDSN DBE Type: MBE Certified by NCTRCA # NMSM5646Y0399 Expires 3/99 MAY BE COPIED FOR ADDITIONAL SHEETS AS NECESSARY
Name of DBE firm: Address: Topps Manhole Co. 5632 FM 428 Lane City Aubrey State Tx Zip 76227 Telephone: 940-565-0837 Fax: 940-382-0341 Type ofWork: _..:.:..In=le=t-=S=u=bc=o::.:..n=tr=a=ct=o.r.....
_ Dollar Amount of Work: 􀀭􀀭􀀭􀀽􀀤􀁾􀀲􀀡􀀺􀀺􀀺􀀮􀀮􀀴􀀮􀀮􀀡􀀮􀀮􀀱􀀮􀀡􀀮􀀽􀀮􀀻􀀰􀀰􀀽􀀮􀀮􀀺􀀰􀀺􀀮􀀮􀀮􀀮􀀮􀀮􀁟..,....--AlP Grant Number: TxDOT No. 9842 ADDSN DBE Type: WBE Certified by
NCTRCA # WFSD2737Y0499 Expires 4/99 Name of DBE firm: Address: Shar Trucking Co. P.O. Box 279 City Seagoville State Tx Zip 75159 Telephone: 972-287-3766 Fax: 972-287-2678 Type ofWork:
_-=-T..r.u..=..c"""'ki:.:..:n.;:;La _ Dollar Amount of Work: 􀀭􀀭􀀭􀀽􀀤􀁾􀀴􀀮􀀮􀀮􀀮􀀡􀀮􀀮􀀷􀀡􀀮􀀮􀀱􀀮􀀡􀀮􀀮􀀡􀀮􀀮􀀮􀀷􀀱􀁾􀀰􀀺􀀮􀀺􀀮􀀮􀀮􀀴􀀮􀀮􀀮􀀺􀀮􀀮􀀮􀀺􀀰􀀺􀀮􀀮􀀮􀀮􀀮􀀮􀁟_ AlP Grant
Number: TxDOT No. 9842 ADDSN DBE Type: WBE Certified by NCTRCA # WFSD1273Y0299 Expires 2/99 MAY BE COPIED FOR ADDITIONAL SHEETS AS NECESSARY
Post OFfice Box 144 Addison, Texas 75001 FINANCE DEPARTMENT /PURCHASING DMSION 􀁃􀁾􀀺􀀬􀀢􀀭􀀭􀁃􀀺􀁬􀀧􀀧􀀺􀁾􀀺􀀺􀀺􀁘􀁾􀀺􀀺􀁾􀀻􀀧􀀺􀀧􀀧􀀧􀀷􀀧􀀧􀀧􀀲􀁾􀁾􀁾􀀻􀀺􀁾􀀻􀀻􀀭􀁾􀀻􀀧􀀷􀁩􀀽􀁾􀀭􀀺􀀺􀀱
(214) 450-7091-Facsimile (214) 386-0938 CLYDE JOHNSON, C.P.M. New Facsimile (972) 450-7096 DBELIAISON November 6, 1998 Federal Aviation Administration Civil Rights Officer -ASW9 2601
Meacham Blvd. Fort Worth, Texas 76137 Gentlemen: Phone (972) 450-7090 _5350 Belt Line Road P.o. Box 9010 The Town ofAddison had a DBE Goal of 15 percent for FAA assisted contracting
for Fiscal Year 1998. Unfortunately we were a little short ofthe goal with a 12 percent total DBE participation. The Town plans to have only one project for the new fiscal year, and
it is for Professional Services. The project should be handled "in house" by the consultant; therefore,we don't anticipate any DBE contracts being let. The attached Goal and Methodology
report indicatesour anticipation ofno DBE activity. Please call me, at 972-450-7090, ifyou have any questions concerning this information. Sincerely yours, Enclosures: Copy: Methodology John Baumgartner,
Director ofPublic Works P:ICJOIINSONlWORDPROCIAIRPOIl1\GOALS 1999 REV.DOC
DBE GOAL TOWN OF ADDISON 10/1/98-9/30/99 METHODOLOGY UPDATE FAR 150 STUDY PROJECT PHASE DBE % -DBE ALL COSTS TOTAL $175,556 $0 0% SUBTOTAL LAND ACQUISITION COST PREVIOUS YEAR'S GOALS:
PREVIOUS YEAR'S ACCOMPLISHMENTS: FAA 1999 goal....melhdolgy $175,556 $0 15% 12% $0 $0 0% 0%