Appendix C to Part 21 - Application of Part 21 to Certain Federal Financial Assistance of the Department of Transportation
49:1.0.1.1.14.0.3.13.7 : Appendix C
Appendix C to Part 21 - Application of Part 21 to Certain Federal
Financial Assistance of the Department of Transportation
Nondiscrimination on Federally Assisted Projects
(a) Examples. The following examples, without being
exhaustive, illustrate the application of the nondiscrimination
provisions of this part on projects receiving Federal financial
assistance under the programs of certain Department of
Transportation operating administrations:
(1) Federal Aviation Administration. (i) The airport
sponsor or any of his lessees, concessionaires, or contractors may
not differentiate between members of the public because of race,
color, or national origin in furnishing, or admitting to, waiting
rooms, passenger holding areas, aircraft tiedown areas, restaurant
facilities, restrooms, or facilities operated under the compatible
land use concept.
(ii) The airport sponsor and any of his lessees,
concessionaires, or contractors must offer to all members of the
public the same degree and type of service without regard to race,
color, or national origin. This rule applies to fixed base
operators, restaurants, snack bars, gift shops, ticket counters,
baggage handlers, car rental agencies, limousines and taxis
franchised by the airport sponsor, insurance underwriters, and
other businesses catering to the public at the airport.
(iii) An aircraft operator may not be required to park his
aircraft at a location that is less protected, or less accessible
from the terminal facilities, than locations offered to others,
because of his race, color, or national origin.
(iv) The pilot of an aircraft may not be required to help more
extensively in fueling operations, and may not be offered less
incidental service (such as windshield wiping), than other pilots,
because of his race, color, or national origin.
(v) No pilot or crewmember eligible for access to a pilot's
lounge or to unofficial communication facilities such as a UNICOM
frequency may be restricted in that access because of his race,
color, or national origin.
(vi) Access to facilities maintained at the airport by air
carriers or commercial operators for holders of first-class
transportation tickets or frequent users of the carrier's or
operator's services may not be restricted on the basis of race,
color, or national origin.
(vii) Passengers and crewmembers seeking ground transportation
from the airport may not be assigned to different vehicles, or
delayed or embarrassed in assignment to vehicles, by the airport
sponsor or his lessees, concessionaires, or contractors, because of
race, color, or national origin.
(viii) Where there are two or more sites having equal potential
to serve the aeronautical needs of the area, the airport sponsor
shall select the site least likely to adversely affect existing
communities. Such site selection shall not be made on the basis of
race, color, or national origin.
(ix) Employment at obligated airports, including employment by
tenants and concessionaires shall be available to all regardless of
race, creed, color, sex, or national origin. The sponsor shall
coordinate his airport plan with his local transit authority and
the Federal Transit Administration to assure public transportation,
convenient to the disadvantaged areas of nearby communities to
enhance employment opportunities for the disadvantaged and minority
population.
(x) The sponsor shall assure that the minority business
community in his area is advised of the opportunities offered by
airport concessions, and that bids are solicited from such
qualified minority firms, and awards made without regard to race,
color, or national origin.
(2) Federal Highway Administration. (i) The State, acting
through its highway department, may not discriminate in its
selection and retention of contractors, including without
limitation, those whose services are retained for, or incidental
to, construction, planning, research, highway safety, engineering,
property management, and fee contracts and other commitments with
person for services and expenses incidental to the acquisition of
right-of-way.
(ii) The State may not discriminate against eligible persons in
making relocation payments and in providing relocation advisory
assistance where relocation is necessitated by highway right-of-way
acquisitions.
(iii) Federal-aid contractors may not discriminate in their
selection and retention of first-tier subcontractors, and
first-tier subcontractors may not discriminate in their selection
and retention of second-tier subcontractors, who participate in
Federal-aid highway construction, acquisition of right-of-way and
related projects, including those who supply materials and lease
equipment.
(iv) The State may not discriminate against the traveling public
and business users of the federally assisted highway in their
access to and use of the facilities and services provided for
public accommodations (such as eating, sleeping, rest, recreation,
and vehicle servicing) constructed on, over or under the
right-of-way of such highways.
(v) Neither the State, any other persons subject to this part,
nor its contractors and subcontractors may discriminate in their
employment practices in connection with highway construction
projects or other projects assisted by the Federal Highway
Administration.
(vi) The State shall not locate or design a highway in such a
manner as to require, on the basis of race, color, or national
origin, the relocation of any persons.
(vii) The State shall not locate, design, or construct a highway
in such a manner as to deny reasonable access to, and use thereof,
to any persons on the basis of race, color, or national origin.
(3) Federal Transit Administration. (i) Any person who
is, or seeks to be, a patron of any public vehicle which is
operated as a part of, or in conjunction with, a project shall be
given the same access, seating, and other treatment with regard to
the use of such vehicle as other persons without regard to their
race, color, or national origin.
(ii) No person who is, or seeks to be, an employee of the
project sponsor or lessees, concessionaires, contractors,
licensees, or any organization furnishing public transportation
service as a part of, or in conjunction with, the project shall be
treated less favorably than any other employee or applicant with
regard to hiring, dismissal, advancement, wages, or any other
conditions and benefits of employment, on the basis of race, color,
or national origin.
(iii) No person or group of persons shall be discriminated
against with regard to the routing, scheduling, or quality of
service of transportation service furnished as a part of the
project on the basis of race, color, or national origin. Frequency
of service, age and quality of vehicles assigned to routes, quality
of stations serving different routes, and location of routes may
not be determined on the basis of race, color, or national
origin.
(iv) 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.
(b) Obligations of the airport operator - (1) Tenants,
contractors, and concessionaires. Each airport operator shall
require each tenant, contractor, and concessionaire who provides
any activity, service, or facility at the airport under lease,
contract with, or franchise from the airport, to covenant in a form
specified by the Administrator, Federal Aviation Administration,
that he will comply with the nondiscrimination requirements of this
part.
(2) Notification of beneficiaries. The airport operator
shall: (i) Make a copy of this part available at his office for
inspection during normal working hours by any person asking for it,
and (ii) conspicuously display a sign, or signs, furnished by the
FAA, in the main public area or areas of the airport, stating that
discrimination based on race, color, or national origin is
prohibited on the airport.
(3) Reports. Each airport owner subject to this part
shall, within 15 days after he receives it, forward to the Area
Manager of the FAA Area in which the airport is located a copy of
each written complaint charging discrimination because of race,
color, or national origin by any person subject to this part,
together with a statement describing all actions taken to resolve
the matter, and the results thereof. Each airport operator shall
submit to the area manager of the FAA area in which the airport is
located a report for the preceding year on the date and in a form
prescribed by the Federal Aviation Administrator.
[35 FR 10080, June 18, 1970, as amended by Amdt. 21-1, 38 FR 5875,
Mar. 5, 1973; Amdt. 21-3, 40 FR 14318, Mar. 31, 1975; 79 FR 21405,
Apr. 16, 2014]