[Federal Register Volume 64, Number 60 (Tuesday, March 30, 1999)]
[Proposed Rules]
[Pages 15276-15277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7708]
[[Page 15275]]
_______________________________________________________________________
Part V
Department of Labor
_______________________________________________________________________
Office of Labor-Management Standards
_______________________________________________________________________
29 CFR Part 215
Amendment to Section 5333 (b) Guidelines to Carry Out New Programs
Authorized by the Transportation Equity Act for the 21st Century (TEA
21); Proposed Rule
Federal Register / Vol. 64, No. 60 / Tuesday, March 30, 1999 /
Proposed Rules
[[Page 15276]]
DEPARTMENT OF LABOR
Office of Labor-Management Standards
29 CFR Part 215
RIN 1215-AB25
Amendment to Section 5333(b) Guidelines To Carry Out New Programs
Authorized by the Transportation Equity Act for the 21st Century (TEA
21)
AGENCY: Office of Labor-Management Standards, Labor.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Department of Labor (DOL) is providing notice of an
amendment to its procedural Guidelines for certification of certain
Federal Transit Administration (FTA) projects in satisfaction of the
requirements of Title 49 U.S.C., Chapter 53, Section 5333(b) (commonly
referred to as ``Section 13(c)''). This notice is necessitated by the
introduction of three new programs under the Transportation Equity Act
for the 21st Century (TEA-21), and the need to identify appropriate
procedures for DOL's required certification of employee protections in
connection with these projects.
DATES: Comments must be submitted by April 29, 1999.
ADDRESSES: Comments should be submitted to Kelley Andrews, Director,
Statutory Programs, U.S. Department of Labor, 200 Constitution Avenue,
NW, Room N-5603, Washington, DC 20210. Comments may also be submitted
by facsimile to (202) 693-1342 or by e-mail to: [email protected]
esa.gov.
FOR FURTHER INFORMATION CONTACT: Kelley Andrews, Director, Statutory
Programs, (202) 693-0126.
SUPPLEMENTARY INFORMATION:
I. Background
The Transportation Equity Act for the 21st Century (TEA-21), signed
into law by President Clinton on June 9, 1998, provides for three new
transportation programs which require employee protection under section
5333(b). These are the Job Access and Reverse Commute Program (section
3037), the Over-the-Road Bus Accessibility Program (section 3038), and
the State Infrastructure Bank Program (section 1511). Pursuant to
section 5333(b), DOL must certify, when Federal funds are used to
acquire, improve, or operate a transit system, that the requisite
transit employee protective arrangements are in place protecting
certain rights of mass transit employees affected by such assistance,
as a condition of release of assistance by the Federal Transit
Administration (FTA). These rights include the preservation of rights,
privileges, and benefits under existing collective bargaining
agreements, the continuation of collective bargaining rights, the
protection of individual employees against a worsening of their
positions related to employment, assurances of employment to employees
of acquired mass transportation systems, priority of reemployment, and
paid training or retraining.
For most programs funded by the FTA, DOL currently processes the
employee protection certifications required under section 5333(b) in
accordance with procedural Guidelines published at 29 CFR 215.3. DOL
applies these procedures to the processing of all grants except section
5310, Elderly and Handicapped grants which do not require section
5333(b) certification, and section 5311 Non-Urban formula grants which
are specifically exempted from processing under the Guidelines. Grants
under section 5311 are automatically certified through the application
of a warranty, while other grants are certified following referral
procedures which afford the interested parties an opportunity to
provide their views on substantive protections. The purpose of this
notice is to amend the Guidelines to identify the certification
processes which will be applicable for the Job Access and Reverse
Commute Program, the Over-the-Road Bus Accessibility Program, and the
State Infrastructure Bank Program. To accomplish this, DOL proposes to
insert a new paragraph at Sec. 215.3(a)(4) to identify programs and
activities within programs which will not be subject to processing
under the Guidelines. In addition, the last sentence of
Sec. 215.3(a)(3) will be omitted as extraneous. Finally, Sec. 215.8
will be modified to update the room number and phone number of the
Statutory Programs office.
II. Processing of Grants for New Programs
The Job Access and Reverse Commute Program provides funding to
establish a regional approach to job access challenges and supports the
implementation of a variety of transportation services that may be
needed to connect welfare recipients to jobs and related employment
activities. Metropolitan Planning Organizations will select applicants
in areas serving populations of 200,000 or greater, and the states will
select applicants in areas with populations under 200,000. The nature
of recipients and the types of grants anticipated for applicants
serving populations under 200,000 are similar to the small urban and
rural program under section 5311. Although traditional transportation
providers are eligible recipients under the program, it will probably
have the most impact on existing transit employees where applicants are
serving populations of 200,000 or more. See Federal Transit
Administration, Job Access and Reverse Commute Competitive Grants;
Notice, 63 FR 60168 (November 6, 1998). Accordingly, DOL intends to
establish procedures similar to those for section 5311(f) for
applicants serving populations under 200,000, and to apply the existing
Guidelines procedures for applicants serving populations of 200,000 or
more. This necessitates that DOL amend the Guidelines to exclude Job
Access and Reverse Commute grants for applicants serving populations
under 200,000 from coverage under the Guidelines.
The Over-the-Road Bus Accessibility Program provides funding to
assist in financing the incremental capital and training costs
associated with the Department of Transportation's implementation of
its Final Rule on accessibility requirements for Over-The-Road-Buses
(OTRB). DOL intends to follow existing referral procedures under the
Guidelines for processing employee protection certifications for this
program. Thus, amendment of the Guidelines is not necessary to address
Over-the-Road Bus Accessibility grants.
The State Infrastructure Bank (SIB) Program provides for a revised
pilot program without limitation on the amount of funds that may be
used to capitalize the bank. SIBs do not make grants, but can provide
assistance in a variety of ways, including loans and advances for
projects with a repayment provision, subsidizing interest rates, and
providing bond or other debt financing security. DOL will certify
initial capitalization grants made by FTA to the SIBs by applying
standard protections and specifying that the SIB may not release funds
absent subsequent certifications for specific projects. When specific
projects are identified, certification of labor protections for each
project funded by the SIB transit account will be processed in
accordance with DOL's Guidelines, thus permitting the interested
parties an opportunity to provide their views on the protective
arrangements proposed for application to the specific projects. This
necessitates that DOL amend the Guidelines to exclude from coverage
grants for the initial capitalization of SIBS.
[[Page 15277]]
III. Public Consultation
In establishing the process for certification of protections
applicable for the Job Access and Reverse Commute Program, the Over-
the-Road Bus Accessibility Program, and the State Infrastructure Bank
Program, DOL herein seeks the views of stakeholders in the
transportation industry including transportation providers, transit
employee unions, and potentially affected transit employees. Although
we will not be able to respond directly to individual comments, we will
address comments collectively when we issue the final rule with respect
to this proposed amendment to the Guidelines.
IV. Regulatory Procedures:
Regulatory Flexibility Act
This proposed rule addresses the procedural steps for obtaining the
Department's certification that employee protection arrangements under
the Federal Transit law are in place as required for three new programs
funded under TEA-21. The amendment will not have a significant economic
impact on a substantial number of small entities. Therefore, a
regulatory flexibility analysis under the Regulatory Flexibility Act (5
U.S.C. 605(b)) is not required. The Assistant Secretary for Employment
Standards has certified to this effect to the Chief Counsel for
Advocacy of the Small Business Administration.
Unfunded Mandates Reform
Executive Order 12875--This rule will not create an unfunded
Federal mandate upon any State, local or tribal government.
Unfunded Mandates Reform Act of 1995--This rule will not include
any Federal mandate that may result in increased expenditures by State,
local, and tribal governments, in the aggregate, of $100 million or
more, or in increased expenditures by the private sector of $100
million or more.
Paperwork Reduction Act
These guidelines contain no information collection requirements for
purposes of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This rule
will not result in an annual effect on the economy of $100,000,000 or
more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of the United States-based companies to
compete with foreign-based companies in domestic and export markets.
List of Subjects in 29 CFR Part 215
Grant administration; Grants--transportation; Labor-management
relations; Labor unions; Mass transportation.
Accordingly, it is proposed that Chapter II of Title 29 of the Code
of Federal Regulations be amended as follows.
PART 215--GUIDELINES, SECTION 5333(b), FEDERAL TRANSIT LAW
1. The authority citation for Part 215 continues to read as
follows:
Authority: Secretary's Order 5-96, 62 FR 107, January 2, 1997.
2. Section 215.3 is amended by removing the last sentence in
paragraph (a)(3) and by adding new paragraph (a)(4) to read as follows:
Sec. 215.3 Employees represented by a labor organization.
* * * * *
(a) * * *
(4) These procedures are not applicable to grants under section
5311; grants to applicants serving populations under 200,000 under the
Job Access and Reverse Commute Program; or grants to capitalize SIB
accounts under the State Infrastructure Bank Program.
3. Section 215.8 is revised to read as follows:
Sec. 215.8 Department of Labor contact.
Questions concerning the subject matter covered by this part should
be addressed to Director, Statutory Programs, U.S. Department of Labor,
Suite N5603, 200 Constitution Avenue, NW, Washington, DC 20210; phone
number 202-693-0126.
Signed at Washington, DC this 24th day of March, 1999.
Bernard E. Anderson,
Assistant Secretary for Employment Standards.
[FR Doc. 99-7708 Filed 3-29-99; 8:45 am]
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