Final Justification Statement Title VI (OMB 2132-0540)

DEPARTMENT OF TRANSPORTATION

FEDERAL TRANSIT ADMINISTRATION

TITLE VI AS IT APPLIES TO

FEDERAL TRANSIT ADMINISTRATION GRANT PROGRAMS

(OMB Control No. 2132-0540)

This supporting statement is associated with a request for reinstatement without change of a previously approved information collection.

A. JUSTIFICATION

1. CIRCUMSTANCES THAT MAKE THE COLLECTION OF INFORMATION NECESSARY.

Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) states:

"No person in the United States shall, on the grounds of race, color, or national origin,

be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance."

To achieve this purpose, each federal department and agency which provides financial assistance for any program or activity is authorized and directed by the Department of Justice (DOJ) to effectuate provisions of Title VI for each program or activity by issuing generally applicable regulations or requirements. The Department of Transportation (DOT) has issued its regulation implementing this DOJ mandate.

In this regard, the responsibility of the Federal Transit Administration (FTA) is to ensure that federally-supported transit services and benefits are distributed by applicants, recipients, and subrecipients of FTA assistance in a manner consistent with Title VI. The employment practices of a grant applicant, recipient, or subrecipient are also covered under Title VI if the primary purpose of the FTA-supported program is to provide employment or if those employment practices would result in discrimination against beneficiaries of FTA-assisted services and benefits.

FTA policies and requirements are designed to clarify and strengthen Title VI (service equity) procedures for FTA grant recipients by requiring submission of written plans and approval of such plans by the agency. All project sponsors receiving financial assistance pursuant to an FTA-funded project shall not discriminate in the provision of services because of race, color, or national origin.

Experience has demonstrated that a program requirement at the application stage is necessary to assure that benefits and services are equitably distributed by grant recipients. The requirements prescribed by the Office of Civil Rights are designed to accomplish this objective and diminish possible vestiges of discrimination among FTA grant recipients. FTA’s assessment of the requirements indicated that the formulation and implementation of the Title VI program should occur with a decrease in costs to such applicants and recipients.

2. HOW, BY WHOM AND FOR WHAT PURPOSE THE DATA WILL BE USED.

On October 1, 2012, in accordance with DOJ and DOT Title VI regulations, FTA issued FTA Circular 4702.1B “Title VI Requirements and Guidelines for Federal Transit Administration Recipients.” This Circular supersedes FTA Circular 4702.1A “Title VI and Title VI- Dependent Guidelines for Federal Transit Administration Recipients,” dated May 13, 2007. This Circular includes information, guidance, and instruction on the objectives of the FTA Title VI program; information on specific grant programs covered; a description of the process for implementing remedial and enforcement actions; information on the DOT complaint process; and public information requirements.

Direct and primary recipients must upload their Title VI Program into FTA’s Transportation Electronic Award Management (TEAM) system or other tracking system as directed by FTA. Subrecipients will submit their Title VI Program to their respective primary recipient. Each report may differ in size and format, but each grantee’s report must adhere to specific program requirements and guidelines specified in the Title VI Circular and regulations. All recipients of FTA funds are required to comply with the terms of a Master Agreement, which becomes part of the grant agreement. “Section 13. Civil Rights” of the Master Agreement states that recipients agree to comply with all applicable civil rights laws and regulations, and follow applicable Federal guidance, except as the Federal Government determines otherwise in writing. A portion of the Master Agreement is included as an information collection instrument in ROCIS.

General Reporting Requirements:

General Reporting Requirements are applicable to all recipients. This information collection is required by DOJ and DOT Title VI regulations. This requirement is applicable to all applicants, recipients, and subrecipients receiving federal financial assistance. Recipients whose only FTA funding is through the FTA’s University Transportation Center Program, National Research and Technology Program, Transportation Cooperative Research Program, Over the Road Bus Accessibility program, or Public Transportation on Indian Reservations program are exempt from submitting a Title VI compliance report to FTA. The absence of this requirement to submit a Title VI report does not obviate the underlying obligations to comply with Title VI.

Title VI information must be updated, at a minimum of every 3 years, and submitted to FTA. The Title VI Program must be approved by the recipient’s board of directors or appropriate governing entity or official(s) responsible for policy decisions prior to submitting to FTA. Records are also retained for a minimum of 3 years. The grantees prepare their reports based on guidance provided in the Circular and regulations. All recipients of FTA funds are required to comply with the terms of a Master Agreement, which becomes part of the grant agreement. “Section 13. Civil Rights” of the Master Agreement states that recipients agree to comply with all applicable civil rights laws and regulations, except as otherwise determined in writing by the federal government. A portion of the Master Agreement is included as an information collection instrument in ROCIS.

The submission shall include the following information:

1. A copy of the recipient’s Title VI notice to the public that indicates the recipient complies with Title VI, and informs members of the public of the protections against discrimination afforded to them by Title VI. It must include a list of locations where the notice is posted.

2. A copy of the recipient’s instructions to the public regarding how to file a Title VI discrimination complaint, including a copy of the complaint form.

3. A list of any public transportation-related Title VI investigations, complaints, or lawsuits filed with the recipient since the time of the last submission. This list should include only those investigations, complaints, or lawsuits that pertain to allegations of discrimination on the basis of race, color, and/or national origin in transit-related activities and programs that pertain to the recipient submitting the report, not necessarily the larger agency or department of which the recipient is a part.

4. A public participation plan that includes an outreach plan to engage minority and limited English proficient populations, as well as a summary of outreach efforts made since the last Title VI Program submission. A recipient’s targeted public participation plan for minority populations may be part of efforts that extend more broadly to include other constituencies that are traditionally underserved, such as people with disabilities, low-income populations, and others.

5. A copy of the recipient’s plan for providing language assistance to persons with Limited English Proficiency (LEP), based on the DOT LEP Guidance.

6. Recipients that have transit-related, non-elected planning boards, advisory councils or committees, or similar bodies, the membership of which is selected by the recipient, must provide a table depicting the racial breakdown of the membership of those committees, and a description of efforts made to encourage the participation of minorities on such committees or councils.

7. Primary recipients shall include a narrative or description of efforts the primary recipient uses to ensure subrecipients are complying with Title VI, as well as a schedule of subrecipient Title VI program submissions.

8. If the recipient has constructed a facility, such as a vehicle storage facility, maintenance facility, operation center, etc., the recipient shall include a copy of the Title VI equity analysis conducted during the planning stage with regard to the location of the facility.

9. Additional information, depending on whether the recipient is a fixed route transit provider, a State, or an MPO.

Title 49 CFR Section 21.9(b)(3) states, “In determining the site or location of facilities, a recipient or applicant may not make selections with the purpose or effect of excluding persons from, denying them the benefits of, or subjecting them to discrimination under any program to which this regulation applies, on the grounds of race, color, or national origin; or with the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the Act or this part.” Title 49 CFR part 21, Appendix C, Section (3)(iv) provides, “The location of projects requiring land acquisition and the displacement of persons from their residences and businesses may not be determined on the basis of race, color, or national origin.” For purposes of this requirement, “facilities” does not include bus shelters, nor does it include transit stations, power substations, etc., as those are evaluated during project development and the NEPA process. Facilities included in this provision include, but are not limited to, storage facilities, maintenance facilities, operations centers, etc. In order to comply with the regulations:

1. The recipient shall complete a Title VI equity analysis during the planning stage with regard to where a project is located or sited to ensure the location is selected without regard to race, color, or national origin. Recipients shall engage in outreach to persons potentially impacted by the siting of facilities. The Title VI equity analysis must compare the equity impacts of various siting alternatives, and the analysis must occur before the selection of the preferred site.

2. When evaluating locations of facilities, recipients should give attention to other facilities with similar impacts in the area to determine if any cumulative adverse impacts might result. Analysis should be done at the Census tract or block group where appropriate to ensure that proper perspective is given to localized impacts.

3. If the recipient determines that the location of the project will result in a disparate impact on the basis of race, color, or national origin, the recipient may only locate the project in that location if there is a substantial legitimate justification for locating the project there, and where there are no alternative locations that would have a less disparate impact on the basis of race, color, or national origin. The recipient must show how both tests are met; it is important to understand that in order to make this showing, the recipient must consider and analyze alternatives to determine whether those alternatives would have less of a disparate impact on the basis of race, color, or national origin, and then implement the least discriminatory alternative.

Fixed Route Transit Providers:

All providers of fixed route public transportation (transit providers) that receive Federal financial assistance, inclusive of States, local and regional entities, and public and private entities shall submit:

1. All general requirements set out in Section 4 of Chapter III of Circular 4702.1B; and

2. System-wide service standards and system-wide service policies, whether existing or new (i.e., adopted by the transit provider since the last submission) as described in this chapter.

Transit providers that operate 50 or more fixed route vehicles in peak service and are located in a UZA of 200,000 or more in population shall include the information above, and will also include:

1. A demographic analysis of the transit provider’s service area. This shall include demographic maps and charts completed since submission of the last Title VI Program that contains demographic information and service profiles;

2. Data regarding customer demographics and travel patterns, collected from passenger surveys;

3. Results of the monitoring program of service standards and policies and any action taken, including documentation (e.g., a resolution, copy of meeting minutes, or similar documentation) to verify the board’s or governing entity or official(s)’s consideration, awareness, and approval of the monitoring results;

4. A description of the public engagement process for setting the “major service change policy” and disparate impact policy;

5. A copy of board meeting minutes or a resolution demonstrating the boards or governing entity or official(s)’s consideration, awareness, and approval of the major service change policy and disparate impact policy.

6. Results of equity analyses for any major service changes and/or fare changes implemented since the last Title VI Program submission; and

7. A copy of board meeting minutes or a resolution demonstrating the board’s or governing entity or official(s)’s consideration, awareness, and approval of the equity analysis for any service or fare changes required by this Circular 4702.1B.

Demographic Data. In order to comply with 49 CFR Section 21.9(b), applicable recipients must collect and analyze racial and ethnic data showing the extent to which members of minority groups are beneficiaries of programs receiving federal financial assistance. Recipients are able to choose one of three methods to collect this data. These methods include:

1. Demographic and Service Profile Maps and Charts. Transit providers shall prepare demographic and service profile maps and charts after each decennial census and prior to proposed service reductions or eliminations. Transit providers may use decennial census data to develop maps and charts until the next decennial census or they may use American Community Survey (ACS) data between decennial censuses. These maps and charts will help the transit provider determine whether and to what extent transit service is available to minority populations within the transit provider’s service area. These maps may be prepared using Geographic Information System (GIS) technology, although transit providers without access to GIS technology may prepare the maps in alternative formats. FTA requires transit providers to prepare the following maps and charts:

1. A base map of the transit provider’s service area that overlays Census tract, Census block or block group, traffic analysis zone (TAZ), or other locally available geographic data with transit facilities—including transit routes, fixed guideway alignments, transit stops and stations, depots, maintenance and garage facilities, and administrative buildings—as well as major activity centers or transit trip generators, and major streets and highways. Major activity centers and transit trip generators can include, but are not necessarily limited to, the central business district, outlying high employment areas, schools, and hospitals. This map shall overlay Census tract, block or block group data depicting minority populations with fixed transit facilities, such as bus shelters, transit stations, and fixed guideways. Another map shall highlight those transit facilities that were recently replaced, improved or are scheduled (projects identified in planning documents) for an update in the next five years.

2. A demographic map that plots the information listed in (1) above and also shades those Census tracts, blocks, block groups, TAZs, or other geographic zones where the percentage of the total minority population residing in these areas exceeds the average percentage of minority populations for the service area as a whole. Transit providers may elect to produce maps that highlight separately the presence of specific minority populations if this information will assist the transit provider in determining compliance with Title VI and/or LEP. Transit providers shall also prepare a GIS or alternative map overlaying minority populations with fixed transit facilities, such as bus shelters, transit stations, and fixed guideways.

3. For purposes of addressing environmental justice, and in order to evaluate the impacts of major service changes on low-income populations, demographic maps shall also depict those Census tracts, blocks, block groups, TAZs, or other geographic zones where the percentage of the total low-income population residing in these areas exceeds the average percentage of low-income populations for the service area as a whole.

Demographic Ridership and Travel Patterns. Fixed route providers of public transportation shall collect information on the race, color, national origin, English proficiency, language spoken at home, household income and travel patterns of their riders using customer surveys. Transit providers shall use this information to develop a demographic profile comparing minority riders and non-minority riders, and trips taken by minority riders and non-minority riders. Demographic information shall also be collected on fare usage by fare type amongst minority users and low-income users, in order to assist with fare equity analyses. The demographic information shall be displayed in tabular format.

The information required in this subparagraph may be integrated into passenger surveys employed by transit providers on a schedule determined by the transit provider but no less than every five years and may be collected at the time that such surveys are routinely performed, such as customer satisfaction surveys and origin and destination surveys used to update travel demand models. Transit providers should contact FTA for further guidance on survey sample sizes, data expansion procedures, and data collection methods suitable to the transit provider’s specific situation.

Transit providers shall take steps to translate customer surveys into languages other than English as necessary, or to provide translation services in the course of conducting customer surveys consistent with the DOT LEP guidance and the recipient’s language assistance plan.

Requirements to Set System-wide Service Standards. In order to comply with 49 CFR Section 21.5(b) (2) and (7) and Appendix C to 49 CFR Section 21, recipients must adopt quantitative system-wide service standards necessary to guard against discriminatory service design or operations decisions. These standards include:

Effective Practices to Fulfill the Service Standard Requirement. FTA requires all fixed route transit providers to develop quantitative standards for all fixed route modes of operation for the indicators listed below. Providers of public transportation may set additional standards as appropriate or applicable to the type of service they provide

1. Vehicle load for each mode. Vehicle load can be expressed as the ratio of passengers per vehicle or the ratio of passengers to the number of seats on a vehicle during a vehicle’s maximum load point.

2. Vehicle headway for each mode. Vehicle headway is the time interval between two vehicles traveling in the same direction on the same route.

3. On-time performance for each mode. On-time performance is a measure of runs completed as scheduled.

4. Service availability for each mode. Service availability is a general measure of the distribution of routes within an agency’s service area. A policy might also indicate the maximum distance between stops along bus routes. These measures of coverage and stop distances might also vary by population density.

Requirement to Set System-wide Service Policies In order to comply with 49 CFR Section 21.5(b)(2) and 49 CFR Section 21.5(b)(7), Appendix C to 49 CFR Section 21, recipients must adopt system-wide service policies necessary to guard against service design and operational policies that have disparate impacts. System-wide policies differ from service standards in that they are not necessary based on a quantitative threshold. FTA recommends that recipients develop policies for the following indicators.

1. Distribution of transit amenities for each mode. Transit amenities refer to items of comfort and convenience available to the general riding public. These items include, but are not limited to, benches, shelters, route maps, timetables, trash receptacles, and intelligent transportation systems (such as electronic fare payment and vehicle arrival information displays) along bus routes and at fixed guideway stations and elevators, escalators and “park-and-ride” facilities at fixed guideway stations.

2. Vehicle assignment for each mode. Vehicle assignment refers to the process by which transit vehicles are placed into service in depots and routes throughout the recipient’s system.

Requirement to Monitor Transit Service. In order to comply with 49 CFR Section 21.5(2), 49 CFR Section 21.5(b) (7) and Appendix C to 49 CFR Section 21, recipients must monitor the transit service provided throughout the recipient’s service area. Periodic service monitoring activities shall be undertaken to compare the level and quality of service provided to predominantly minority areas with service provided in other areas to ensure that the end result of policies and decision making is equitable service. Monitoring shall be conducted at a minimum of once every three years. If a recipient’s monitoring determines that prior decisions have resulted in disparate impacts, agencies must take corrective action to remedy the disparities.

Requirement to Evaluate Service and Fare Changes. This requirement applies only to transit providers that operate 50 or more fixed route vehicles in peak service and are located in a UZA of 200,000 or more in population. These transit providers are required to prepare and submit service and fare equity analyses as described below. Transit providers not subject to this requirement are responsible for complying with the DOT Title VI regulations which prohibit disparate impact discrimination, and therefore should review their policies and practices to ensure their service and fare changes do not result in disparate impacts on the basis of race, color, or national origin.

To further ensure compliance with 49 CFR Section 21.5(b)(2), 49 CFR Section 21.5(b)(7), and Appendix C to 49 CFR part 21, all providers of public transportation to which this Section applies shall develop written procedures consistent with this Section to evaluate, prior to implementation, any and all service changes that exceed the transit provider’s major service change threshold, as well as all fare changes, to determine whether those changes will have a discriminatory impact based on race, color, or national origin. The written procedures and results of service and/or fare equity analyses shall be included in the transit provider’s Title VI Program.

The typical measure of disparate impact involves a comparison between the proportion of persons in the protected class who are adversely affected by the service or fare change and the proportion of persons not in the protected class who are adversely affected. The comparison population for a statistical measure of disparate impact is all persons who are either affected by the service or fare changes or who could possibly be affected by the service or fare change (e.g., potential passengers). When a transit provider uses ridership as the comparison population, the transit provider will compare the ridership of the affected route(s) with the ridership of the system. When a transit provider uses the population of the service area as the comparison population, it will compare the population in Census blocks or block groups served by the affected route(s) with the population in the service area.

Low-income populations are not a protected class under Title VI. However, recognizing the inherent overlap of environmental justice principles in this area, and because it is important to evaluate the impacts of service and fare changes on passengers who are transit-dependent, FTA requires transit providers to evaluate proposed service and fare changes to determine whether low-income populations will bear a disproportionate burden of the changes. When a minority population is present, the correct analysis is a disparate impact analysis.

Upon completion of a service or fare equity analysis, the transit provider shall brief its board of directors, top executive, or appropriate governing entity or official(s) responsible for policy decisions regarding the service and/or fare change(s) and the equity impacts of the service and/or fare change(s). The transit provider shall submit documentation such as a board resolution, copy of meeting minutes, or similar documentation with the Title VI Program as evidence of the board or governing entity or official’s consideration, awareness, and approval of the analysis.

Transit providers that have implemented or will implement a New Start, Small Start, or other new fixed guideway capital project shall conduct a service and fare equity analysis. The service and fare equity analysis will be conducted six months prior to the beginning of revenue operations, whether or not the proposed changes to existing service rise to the level of “major service change” as defined by the transit provider. All proposed changes to parallel or connecting service will be examined. If the entity that builds the project is different from the transit provider that will operate the project, the transit provider operating the project shall conduct the analysis. The service equity analysis shall include a comparative analysis of service levels pre-and post- the New Starts/Small Starts/new fixed guideway capital project. The analysis shall be depicted in tabular format and shall determine whether the service changes proposed (including both reductions and increases) due to the capital project will result in a disparate impact on minority populations. The transit provider shall also conduct a fare equity analysis for any and all fares that will change as a result of the capital project.

Program-Specific Requirements and Guidelines for State Departments of Transportation or Other State Administering Agencies

State DOTs and other State administrating agencies must ensure that their programs, policies, and activities comply with the Department of Transportation (DOT) Title VI regulations. The Title VI program must include documentation of compliance with the general reporting requirements and the following information. This program shall be submitted once every three years. States shall include the following information in their Title VI Program:

1. All general requirements set out in section 4 of Chapter III of the Circular;

2. All requirements for transit providers set out in Chapter IV of Circular 4702.1B if the State is a provider of fixed route public transportation services;

3. A demographic profile of the State that includes identification of the locations of minority populations in the aggregate;

4. Demographic maps that overlay the percent minority and non-minority populations as identified by Census or American Community Survey data at Census tract or block group level, and charts that analyze the impacts of the distribution of State and Federal funds in the aggregate for public transportation purposes, including Federal funds managed by the State as a designated recipient;

5. An analysis of impacts that identifies any disparate impacts on the basis of race, color, or national origin, and, if so, determines whether there is a substantial legitimate justification for the policy that resulted in the disparate impacts, and if there are alternatives that could be employed that would have a less discriminatory impact.

6. A description of the statewide transportation planning process that identifies the transportation needs of minority populations;

7. A description of the procedures the State uses to pass through FTA financial assistance to subrecipients in a non-discriminatory manner; and

8. A description of the procedures the State uses to provide assistance to potential subrecipients applying for funding, including its efforts to assist applicants that would serve predominantly minority populations.

3. CONSIDERATION OF THE USE OF IMPROVED INFORMATION TECHNOLOGY.

All recipients of FTA funds are required to use FTA’s Transportation Electronic Award Management (TEAM) system from the initial application stage through post-award management. Additionally, the Office of Civil Rights uses information technology with all reporting data applicable to this program. This has improved communications and the processing of program requirements. The use of internet technology by 100% of recipients has improved communications and reduced long-term costs associated with the Title VI as Applies to FTA Grant Program.

4. DESCRIBE EFFORTS TO IDENTIFY DUPLICATION.

No similar information from applicants/recipients is required by any other program office in FTA or other program offices within the DOT or other federal agency.

5. IF THE COLLECTION OF INFORMATION INVOLVES SMALL BUSINESS OR OTHER SMALL ENTITIES, DESCRIBE THE METHODS USED TO MINIMIZE BURDEN.

The collection of Title VI information does not involve small businesses. As to small transit entities, FTA revised the Title VI Circular, FTA Circular 4702.1B, to include: clearer guidance that is easier to understand and apply; provided samples that function as a template that may be amended or adopted; and finally, made certain requirements contingent on whether a transit agency meet the definition of a large or small fixed route transit provider.ⁱ The guidance and requirements are meant to assist small transit agencies comply with their specific Title VI responsibilities, and avoid needlessly burdening them.

6. DESCRIBE THE CONSEQUENCE TO FEDERAL PROGRAM OR POLICY ACTIVITIES IF THE COLLECTION WERE CONDUCTED LESS FREQUENTLY.

FTA Circular 4702.1B requires all direct and primary recipients to submit a Title VI program once every three years.

If submissions were required less frequently, the preventive nature of the current Title VI program, focusing on the pre-award process and providing technical assistance to grantees, would be diminished. FTA would have to rely on the post-award review process. In addition, due to the dynamics of the service delivery process (the purchase and routing of new equipment and schedule changes) a less frequent submission would hamper FTA’s ability to monitor the grantees’ service delivery. Recipient respondents are required to maintain records for a minimum of 3 years.

7. EXPLAIN ANY SPECIAL CIRCUMSTANCES THAT REQUIRE THE COLLECTION TO BE CONDUCTED IN A MANNER INCONSISTENT WITH GUIDELINES IN 5 CFR PART 1320.6.

The collection of Title VI information is conducted in a manner consistent with the guidelines specified in 5 CFR Part 1320.6.

8. DESCRIBE EFFORTS TO CONSULT WITH PERSONS OUTSIDE THE AGENCY.

FTA has consulted on an ongoing basis with Title VI officers of grant recipients and several external organizations representing program beneficiaries. Contacted groups and persons have indicated that FTA's Title VI requirements are vital to ensuring non-discrimination. In addition, FTA held a series of public meetings in regions across the country to help inform the development of the revised Title VI Circular 4702.1B. After issuing the Circular, FTA conducted multiple webinars on the revised Circular, which were attended by hundreds of FTA grantee staff members. In addition, grantees have access to a wide-variety of Title VI program training materials online at FTA’s public website www.fta.dot.gov. A 60-day Federal Register notice was published on January 6, 2014 (pages 7276 and 7277), soliciting comments prior to submission of this collection to the Office of Management and Budget (OMB).

9. EXPLAIN ANY DECISION TO PROVIDE ANY PAYMENT OR GIFT TO RESPONDENTS, OTHER THAN REMUNERATION OF CONTRACTORS OR GRANTEES.

No payment or gift is made to respondents.

10. DESCRIBE ANY ASSURANCE OF CONFIDENTIALITY PROVIDED TO RESPONDENTS AND THE BASIS FOR ASSURANCE IN STATUTE, REGULATION, OR AGENCY POLICY.

All information collected is certified to comply with Freedom of Information Act, the Privacy Act of 1974, and OMB Circular A-108. Confidentiality is provided, when requested,

for information exempt from the mandatory public disclosure requirements of the Freedom of Information Act.

11. PROVIDE ADDITIONAL JUSTIFICATION FOR ANY QUESTIONS OF A SENSITIVE NATURE.

This information collection does not contain any questions of a personal or confidential nature.

12. PROVIDE ESTIMATE OF THE HOUR BURDEN OF THE COLLECTION OF INFORMATION AND ANNUALIZED COST TO RESPONDENTS.

Approximately 950 grantees are required to prepare Title VI submissions during each 3-year period (950/3 = 316 grantees per year). The number of grantees preparing both general and program specific submissions are 342. There are 608 grantees that submit only the general requirements. Based on information received from grantees, the average time spent by a grantee in the preparation of a general and program specific program is approximately 45 hours. The annual burden is 5,130 hours (342 grantees x 45 hours = 15,390 hours for 3 years (15,390/3 = 5,130 annual hours). Grantees submitting only general requirements will spend approximately one hour per submission. The annual burden is 202 hours (608 grantees x 1 hour = 608 hours for 3 years (608/3 = 202 annual hours). The total annual burden for all grantees is 5,332 hours (5,130 hours + 202 hours = 5,332 hours).

Assuming the average hourly wage cost is $20.00, total annual labor cost to the grantees preparing general and program specific requirements equals $106,640 (5,332 hours x $20 = $106,640). The total annual labor cost to grantees submitting only general requirements is $4,040 (202 hours x $20 = $4,040). The total annual labor cost for all grantees is $110,680 ($106,640 + 4,040 = $110,680).

13. PROVIDE ESTIMATES OF THE TOTAL ANNUAL COST BURDEN TO RESPONDENTS OR RECORDKEEPERS RESULTING FROM THE COLLECTION OF INFORMATION (NOT INCLUDING THE COST OF ANY HOUR BURDEN SHOWN IN ITEMS 12 AND 14).

The estimate of the printing and equipment costs for each grantee submitting general and program specific data is $120. The total annual overhead is $13,680 ($120 x 342 grantees = $41,040 ($41,040/3 = $13,680)). The estimated printing and equipment cost for grantees submitting only general requirements is $27. The total annual overhead is $5,472 ($27 x 608 = $16,416 ($16,416/3 = $5,472)). The total annual cost for printing and equipment for all grantees is $19,152 ($13,680 + $5,472 =$ 19,152).

14. PROVIDE ESTIMATE OF THE TOTAL ANNUALIZED COST TO THE FEDERAL GOVERNMENT.

A total of 10 Regional Civil Rights Officers review Title VI program submissions. On an average, the 10 spend approximately 11 percent of their total annual duty hours, or approximately 230 hours per year (11% x 2080 hours), reviewing programs. With an average grade of GS-13, at an hourly rate of $43, the total cost of labor hours for the 10 officers is $98,900 (230 hours x $43 x 10). At an estimated 10 percent overhead rate, total overhead is $9,890 (10% x $98,900). The total estimated cost to the federal government is $108,790 ($98,900+ $9,890).

15. EXPLAIN THE REASONS FOR ANY PROGRAM CHANGES OR ADJUSTMENTS REPORTED IN ITEM 13 or 14 OF THE OMB FORM 83-I.

The burden hours for this submission have not changed. However, there is an increase in the overhead costs for printing and equipment. Consequently, there is an adjustment of $1,152 to reflect the slight annual increase.

16. PLANS FOR TABULATION AND PUBLICATION FOR COLLECTIONS OF INFORMATION WHOSE RESULTS WILL BE PUBLISHED.

FTA does not anticipate the publication of its Title VI data.

17. IF SEEKING APPROVAL NOT TO DISPLAY THE EXPIRATION DATE FOR OMB APPROVAL, EXPLAIN THE REASONS.

There is no reason not to display the expiration date of OMB approval.

18. EXPLAIN ANY EXCEPTION TO THE CERTIFICATION STATEMENT IDENTIFIED IN ITEM 19 OF OMB FORM 83-I.

No exceptions are stated.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS.

FTA does not anticipate the publication of its Title VI data for statistical use.

i The more extensive reporting requirements are triggered if a FTA recipient is a fixed route transit provider that operates within an urbanized area with a population of 200,000 or more and operates 50 fixed route vehicles during peak service hours.